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HomeMy WebLinkAbout01/11/2024 Meeting ••• ••••• Meeting Location: Municipal Center Apple 7100 147th Street West Valley Apple Valley, Minnesota 55124 January 11, 2024 CITY COUNCIL INFORMAL MEETING TENTATIVE DISCUSSION ITEMS 5:30 PM 1. Council Discussion Items (10 min.) 2. Discuss the Vermillion River Watershed Joint Powers Organization 2026- 2035 Watershed Plan Development (20 min.) 3. Discuss 2024 Legislative Policies (20 min.) 4. 2023 Park Referendum Update (20 min.) 5. Adjourn CITY COUNCIL REGULAR MEETING TENTATIVE AGENDA 7:00 PM 1. Call to Order and Pledge 2. Approve Agenda 3. Audience - 10 Minutes Total Time Limit - For Items NOT on this Agenda 4. Approve Consent Agenda Items Consent Agenda Items are considered routine and will be enacted with a single motion, without discussion, unless a councilmember or citizen requests to have any item separately considered. It will then be moved to the regular agenda for consideration. A. Approve Minutes of December 28, 2023, Regular Meeting B. Approve 2024 Renewal and Issuance of Precious Metal Dealer License to Jay F. Jeweler, Inc., located at 7373 147th Street W., Suite 191 C. Approve Issuance of Temporary Event License in Connection with Community Festival to LSP Ventures, Inc., d/b/a Rascals Apple Valley Bar & Grill on February 3, 2024 D. Adopt Resolution of Support for American Public Works Association Minnesota Chapter (APWA-MN) Diversity and Inclusion Grant Application E. Adopt Resolution Designating Dakota County Tribune as Official Newspaper for 2024 F. Adopt Resolution Designating the City's Website as Official Website for Disseminating Solicitations of Transportation Project Bids in 2024 G. Adopt Resolution Designating U.S. Bank NA as Official Depository for City Funds in 2024 H. Adopt Resolution Designating Additional Depositories and Financial Security Dealers for City Funds in 2024 I. Adopt Resolution Designating U.S. Bank Institutional Trust as Safekeeping Custodian J. Adopt Resolution Authorizing Electronic Funds Transfers K. Adopt Resolution Authorizing City Clerk to Appoint Deputy City Clerks for 2024 Election Administration L. Appoint Statutory Members to Apple Valley Firefighters Relief Association(AVFRA) Board of Trustees for 2024 M. Adopt Resolution Approving Amendments to Apple Valley Firefighters Relief Association Bylaws N. Adopt Resolution Approving the Report for Project 2023-134, Arby's Pond (KL-P4) Feasibility Study O. Adopt Resolution Approving the Report for Project 2021-165, East Lake Subwatershed Assessment Study P. Adopt Resolution Approving One-Year Extension of Conditional Use Permit and Site Plan/Building Permit Authorization for U-Haul of Apple Valley Q. Approve Professional Service Agreement with Marsh McLennan to Serve as Insurance Agent of Record R. Approve Professional Services Agreement with Johnson Laffen Galloway Architects, Ltd., d/b/a JLG Architects, for Design and Development of Apple Valley Community Center/Apple Valley Senior Center Associated with 2023 Parks Bond Referendum S. Approve Professional Services Agreement with Johnson Laffen Galloway Architects, Ltd., d/b/a JLG Architects, for Design and Development of Apple Valley Family Aquatic Center Associated with 2023 Parks Bond Referendum T. Approve Professional Services Agreement with Confluence, Inc., for Design and Development of Youth Baseball/Softball Complex Associated with 2023 Parks Bond Referendum U. Approve Professional Services Agreement with Confluence, Inc., for Design and Development of Redwood Park Associated with 2023 Parks Bond Referendum V. Approve Professional Services Agreement with Confluence, Inc., for Design and Development of Kelley Park Associated with 2023 Parks Bond Referendum W. Approve Third Amendment to Antenna Lease Agreement with Dakota County for Palomino Lattice Tower X. Approve Change Order No. 13 for Apple Valley Fire Station#2 and Improvements to #1 & #3 Y. Approve Personnel Report Z. Approve Claims and Bills 5. Regular Agenda Items A. Pass Ordinance Amending Chapter 154 of the City Code, Regulating Signs (Recommend waiving second reading) B. Action on Ordinance Amending Chapter 155 of the City Code, Regulating Signs in Planned Development 290, Zone 3 (Recommend waiving second reading) C. Accept Resignation of Planning Commissioner Keith Diekmann and Authorize Receipt of Applications through February 15, 2024, to Fill the Vacancy D. Adopt Resolution Appointing Acting Mayor for 2024 6. Staff and Council Communications 7. Approve Calendar of Upcoming Events 8. Closed Session A. Convene in Closed Session, Under the Labor Negotiations Exception to the Open Meeting Law, to Discuss AFSCME Union Negotiations 9. Adjourn Reminder: City Offices are closed Monday January 15, 2024, in Observance of Martin Luther King Day Regular meetings are broadcast, live, on Charter Communications Cable Channel 180 and on the City's website at www.applevalleymn.gov • ITEM: 2. ••••• • ••• COUNCIL MEETING DATE: January 11, 2024 Apple Valley SECTION: Informal Agenda Item Description: Discuss the Vermillion River Watershed Joint Powers Organization 2026-2035 Watershed Plan Development (20 min.) Staff Contact: Department/ Division: Samantha Berger, Water Resource Specialist Natural Resources Division ACTION REQUESTED: N/A SUMMARY: The Watershed Administrator, Travis Thiel, will present information regarding their current 2026-2035 Watershed Plan Development process. BACKGROUND: The Vermillion River Watershed Joint Powers Organization (VRWJPO) is underway on updating their ten year Watershed Plan update. The Dakota County Commissioners recommended the watershed staff reach out to cities and townships to keep them informed of the Joint Powers Organization's process. BUDGET IMPACT: N/A ATTACHMENTS: Presentation . 4:..71tr 9. , . IT' .:4,,:t .I •i,IAI••r., kir•.•,$P. '•4 4' i,-t,.,,- 54..k-.-„.1-.,,,'',f '.,-.-'l'''i\,,•,,\,..,/,:-4,.-,0.. ,i."4A.q",f,.p 1_•i;.1::.1'4 O*9- •b" ....A/.,'./•,0 r/Fi ~ i - {w �.• yt fl' 'i/ �iyTA.. 'a' f .1'r . i,,6..,..fi.,e 1,I I i,4 1_0,,1Fi..,,,,;4 .• :."44%_.,','a.,4-r 1 f0,c74.„',iC4•, e. .e ' ' '1 r.113 T.I '�f i �Y -p'1�^• • f .L ,sue �•.!+ d r.1 4t i..e,i.,..rt0,.t,o10...,-,.,•i..„ ;.,;.:....4:t4$.,,A 1..,,:t.1 i-... t + ffM 7 "; w. �. om? . _ ` 4` • ''•• ..„ % lc ft i , Ira ..., . . .. , , ; , . ._ a-, ' 1'14 y , r (r/ Y e 't _ sit r a kix, OPi . . _-- - A Vermillion River Watershed Joint Powers Organization (VRWJPO 2026- 2035 Watershed Plan Development January 11, 2024, Apple Valley City Council Meeting Vermillion River Watershed Joint Powers Organization ,,, ..„, v` r•-!„:,....„..,:-.. , " l•a 'Y. . .. .... _ . 7-\-- • t. ._ .0 : t•-• `` OHAS .G V 1, HL W E Notch rvak` -- ri4yJ +4 Lower _ , J �r� 6 , 48E el---- Mainstem l /y// I I 4 • We O�er, ! r 1 •Mrs '7.., $• M 1 i . - n�� �, � �Malnstam . 62 j Mlddle C k - �'�' 35 50 (— `glktdL II. VE- IW,IdN11k7 nn.'usr•HMississippi - L. I -'84 ►{�, 1 1 88 -• C - I Direct 6 70 .I` ' 47 1 85 �. - d ollo� ® I 7 I. — IP t 7 1 J I I - 1 1 78 South Branch FUR,'inA l / w� \l r - 01r4stam Jr . — S Legend ' — // Vermillion River Subwatershed0 II (LRoads 1- —Interstate/US Highway I State Highway County State-Aid Highway, County Road Streets&Local Access Vermillion River Perennial Flow Intermittent Stream a s a r e 9 roes.. Vegetated Waterway Municipal Boundaries $eale:7:42,250 w.Waterbodies I. _. survey and is not intended to be used as one.This drawing is a compilation of records, y and state offices and other sources,affecting the area shown,and is to be used for • ponsible for any Inaccuracies herein contained.If discrepancies are found,please contact WATERSHED LOCATION DAKOTA COUNTY.MINNESOTA VRWJPO ' s Current Mission Collaboratively providing education, science, and support to restore and protect the Vermillion River Watershed's natural resources for all who live, work, and play within its boundaries c. I Vermillion River VRWJPO's Primary Roles • Water resource restoration and protection — Projects — Assessments — Monitoring • Communication and Outreach — Newsletters — Social media — Engagement • Baseline regulations and technical assistance — Stormwater treatment — Floodplain and wetland mitigation/protection — Intercommunity flows Vermillion h River w a t r s e d reflecting life Existing Plan Goals Identified A. Protect or restore water quality in lakes, streams, and wetlands B. Protect and restore groundwater quality C. Maintain a sustainable water supply D. Address more intense fluctuations (up and down) in river flow rate and volume E. Improve public awareness and stewardship of water resources F. Improve watershed resilience to changing precipitation and temperature patterns G . Protect or restore sensitive biological resources, such as plants, fish, insects, and wildlife Vermitllione h River w a r s e d reflecting life Existing Plan Goals Identified A. 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Ilk .t.., ,ir....i., al I . . 4. '.• 'IA - I, Vermillion River watershed reflecting life Erickson Park Stormwater Improvements : _ _ ___ . Before After, IV- i J' ... x .1: „ A l _ • f . tgt -.iv, N \ . .. ... ` :•J ♦ I � qv� L' Vermillion River water shed reflecting life Long Lake Iron- Enhanced Sand Filters An x., Y1 '3 �l.r 7 �j. :4'.y•' .,.fir ',, t. ,, !rt r - 'x� , '. she J"F • • * i; • j/ r, ....4.44,..-,,,,,.;,:,1,•-.., 4_,, ,..,_, •,...:Irii,..::.,-.41._ .7,•'....-,-....:..- „,, ,,,,,,,. ,40 r17 Y • J f .. 1 ; 1�II ,,ram / , J * 1 Vermillion River �fn . f ;1 -� - h�� • a� � &• 11 w a t e r s h e d `5r,f << ir r uF �IN i�., reflecting life s . amr' j w ,w 4 ,a� .,' y - ", , 47 'f:� �39.:? �4`.- i.iW•�f-da6�iHS,.sVis^ .:'() �' _ .h-�. 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" . . �"I ; l,� ti�) 'i•. � r, 0, ,- il_` t}`.,Yb _„G y. yb ' ��\ 0 y7 kl."+• 4." 7 : ,♦ t tomayt � t' U:• " 4iY [F ?✓ y�i4- • I,' .Qf�" Y , & ,r d* ,,, . ,, r ��d 6; „FV a i ierVermrs h e dillon Rii . ve reflecting life LongFarquarand Lake Results Long Lake Total Phosphorus Farquar Lake Total Phosphorus 0.35 ♦ 0.25 0.30 ?0.20 E0.25 *• E c0.20 ! ` 0.15 y 0.15 • v . g ♦ ♦ ♦ a • r 0.10 ♦ • r ♦ a ♦ o 0.10 o ♦ H 1- 0.05 0.05 0.00 0.00 2006 2008 2010 2012 2014 2016 2018 2020 2022 2024 2006 2008 2010 2012 2014 2016 2018 2020 2022 2024 Long Lake Secchi Transparency Farquar Lake Secchi Transparency 0.70 1.40 0.60 • ♦ 1.20 E V E j::: ! ! 1.00 1 a0.80 F • 0.30 ♦ ♦ ♦ ♦ • 0.60 � 0.20 � 0.40 ✓/ N • 0.10 0.20 0.00 0.00 2006 2008 2010 2012 2014 2016 2018 2020 2022 2024 2006 2008 2010 2012 2014 2016 2018 2020 2022 2024 Ali magnet Lake . ... c„,„.,.. •,.. _, ..,,.,!.. ....,,,,, _ „,,,., .. .., . ,.: ... , • • :•,. _ ,0_. • •, _ _. • it• 38 ----------•-- - - 11 --- , - -- ,,•.. :mow f . rik-.:•„,e_ r Jo • 1,.. 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'f ''• ft , ' . —S . • . . .. , :.I.'1'q. ?Ii.. ..,T ',. *''''.i''.'. , , , „. • ' C., 1 4.)i. - iii' . •'fr,, , ''',, , ' Vermillion River • watershed reflecting life I Alimagnet Lake Total Phosphorus 0.14 0.12 E 0.10 , c 0.08 0 V ♦ • 0.06 t a To 0.04 0 0.02 0.00 2006 2008 201D 2012 2:114 2016 2018 2020 2022 2024 Alimagnet Lake Secchi Transparency —I. 1.60 1.40 E 1.20 1.00 Io ut 0.80 ♦ + i 0.60 + d 0.40 N Vermillion River 0.20 watershed 0.00 reflectinglife 2006 2008 2010 2012 2014 2016 2018 2020 2022 2024 Goal C : Maintain a Sustainable Water Supply •.. :. •:. los Apple IIeY Vally Vermillion River w a t e r s h e d refiectingiife ,( Google Irrigation System Audits and Improvements ,,,, .,.. .., . .,. ,, ._,, ,::_ ,...._...,...„:.........-„,„_,-,„,, ..,-:17-*.,-- - . , , S'r4i ..F�f V1 r t�C'•r `fit/, M/!`7lrryyyj: ,:t• � '.+ 3 •,•i} X I ,�c„;,,, 1fs414, 1 44 r',7 i, .ran(' T 04 ! Iii �+ *�` I;44', 1 • 1 r ++yam r`�;y I a' $tea ,A1„arr 1(4.3� s 4: w r fig ' $ ncn • .. '. • r R • • tiff/ ` rob ro `� 1• t. ` • r 1 ` ` \ 1 Vermillion River , • , , / =� , w a t e r s h e d "� �� j �,, � ,���;� jo- � .�� reflecting life Goal E : Improve Public Awareness and Stewardship of Water Resources , ,, . ,,. e€t , , _., .,„,,,,,,,...„,„t,„„,„„__ , .. ., n IP IIIAIY • k • _ i / 4 ? 4 b" :ief ��� �/ •� �� ■ , 4! 7 a; ��x Vermillion River R y' � fi - 'x" w a t e r s h e d a „t wa reflecting life Plan Development Timeline Issue Identification Goals and Strategies Draft Plan Plan Development Development Adoption and Review 4/23 8/23 12/23 4/24 8/24 12/24 4/25 8/25 12/25 6/23 10/23 2/24 6/24 10/24 2/25 6/25 10/25 2/26 ., i1 I .. 1 Vermillion River water shed reflecting life Stakeholder Issues/Priorities to Date • Protect and restore surface water quality • Recreational opportunity improvement • Chloride reduction initiatives • Understanding stream stability and use of • Evaluation of PFAS and other contaminants of natural channel restoration emerging concern • Changing demographics and the need to engage • Groundwater sustainability evaluation and underserved communities actions • Edge matching with other plans and efforts • Reevaluate floodplains and impacts to flood- • Need for broad environmental education and prone areas engagement using earned and paid media • Effective stormwater management • Trout stream protection and restoration • Climate change and climate resiliency efforts • Wastewater biosolids application • Keep some existing regulations as they are • Monitoring effectiveness of watershed activities • Advocating for and against changes to • Continued and improved collaboration with ag/farming practices others on programs and practices • Efforts to restore and protect soil health • Continued efforts addressing nitrate in ag areas • Minimize impacts of aggregate mining • More levy funding to support VRWJPO efforts • Address invasive species • Regulations that are reasonable and enforceable by rural LGUs l, `./ Vermillion River watershed reflecting life 6IP • SCAN THE • R_CO0E to vis' the project website a_g. o We Wa n o ;91/4.. ., HearFromYou1 : .. IA .:l..+: • Help us plan for the future of the https://bit.ly/vrw2026 Vermillion River Watershed! 9Provide Comments on The Vermillion River Watershed Management Plan is being an Interactive Map updated and we are looking for feedback from our community members. Scan the QR code or visit the link to learn more. 0 Participate in Our Online Survey J f I - A Vermillion River ,.v a t e r s h e d __ -, reflecting life r HKGi Questions ? Travis Thiel, Administrator Vermillion River Watershed Joint Powers Organization (952) 891-7546 travis.thiel@co .dakota . mn . us c. I Vermillion h Rie dver s reflecting li fe • ITEM: 3. • •• ••• ••• COUNCIL MEETING DATE: January 11, 2024 Apple Valley SECTION: Informal Agenda Item Description: Discuss 2024 Legislative Policies (20 min.) Staff Contact: Department/ Division: Tom Lawell, City Administrator Administration Department ACTION REQUESTED: No formal action is requested at this time. This informal agenda item is intended to be an introduction to the 2024 legislative session and a preview of legislative policies the City may wish to advocate for during the upcoming session. SUMMARY: The 2024 state legislative session is set to begin on February 12 and is expected to end on May 20. Actions taken by the legislature can directly impact cities and it is important that we monitor legislative activity and advocate in favor of or against policies which might impact our community. The City of Apple Valley is currently represented by Senator Erin Maye Quade and Representatives Robert Bierman and John Huot. All three have been invited to attend our February 8 informal Council meeting. In preparation for that discussion, staff is sharing in advance the policies adopted by the three separate organizations that work to advance municipal legislative topics at the state capitol. These include the League of Minnesota Cities, Metro Cities, and the Municipal Legislative Commission. Feedback from the City Council is important and will help guide our legislative advocacy work in 2024. BACKGROUND: Throughout the summer, the three identified groups convened multiple policy review committees to consider policies for the upcoming session. These documents include: 1) League of Minnesota Cities 2024 Legislative Policies (Adopted November 9, 2023) 2) Metro Cities 2024 Legislative Policies (Adopted November 16, 2023) 3) Municipal Legislative Commission 2024 Legislative Platform (Draft dated January 4, 2024) Looking ahead, the Municipal Legislative Commission (MLC) will host its annual Legislative Breakfast Meeting on Friday, January 12, at the Eagan Community Center from 7:45 to 9:30 a.m. We anticipate that our legislative delegation will be in attendance at this breakfast meeting. In addition, Dakota County will be hosting a Legislative Breakfast gathering on Thursday, January 25 from 8:00 to 9:30 a.m. at Thompson County Park in West St. Paul for legislators, and county, city and school district representatives. BUDGET IMPACT: N/A ATTACHMENTS: Policy Policy Policy Presentation LEAGUE OF MINNESOTA CITIES 2024 City Poi ci es For Legislative and Administrative Action Adopted November 9, 2023 The only comprehensive statewide advocacy agenda for all Minnesota cities 0 L MC LEAGUE MINNESOTA CITIES This document is available in the Legislative Action Center on the League's website at www.lmc.org/policies 1 Copyright © 2023 League of Minnesota Cities. All rights reserved. I_.I Q c LEAGUE of League of Minnesota Cities 145 University Avenue West • St.Paul,MN 55103-2044 M I N N ESOTA (651)281-1200 • (800) 925-1122 • Fax: (651)281-1299 CITIES TDD: (651)281-1290 • www.lmc.org 2 Table of Contents COVER 1 IGR STAFF PAGE 8 COMMITTEE MEMBERSHIP 9 LMC POLICY DEVELOPMENT PROCESS 13 PURPOSE, PROCESS AND PRINCIPLES OF CITY POLICIES 14 IMPROVING SERVICE DELIVERY 16 SD- 1. Local Control 16 SD- 2. Unfunded Mandates 16 SD- 3. Local Approval of Special Laws 16 SD- 4. State Government Shutdowns 17 SD- 5. Duration of Conservation Easements 18 SD- 6. Racial Equity in Minnesota 18 SD- 7. Immigration Reform 19 SD- 10. Responsibility for Locating Private Underground Facilities 20 SD- 11. Utility Relocation Under Design-Build Road Construction 21 SD- 12. National Fire Protection Association (NFPA) Standards 21 SD- 13. Fire Mutual Aid 22 SD- 14. Clarification of Joint Powers Relationships with Federally Recognized Indian Tribes 22 SD- 15. Ambulance Service Costs and Liability 23 SD- 16. Emergency Medical Services 24 SD- 17. Fees for Service 24 SD-18. Fundraising Authority 25 SD- 19. Improving and Increasing Access to Information 25 SD- 20. Administrative Fines for Code Violations 26 SD- 21. Contracting and Purchasing 27 SD- 22. City Enterprise Operations 27 SD- 23. Preservation of Order in City Council Meetings 28 SD- 24. Constitutional Amendments 28 SD- 25. Initiative and Referendum 28 SD- 26. Civil Liability of Local Governments 29 SD- 27. Private Property Rights and Takings 29 SD- 28. Organized Solid Waste Collection 30 SD- 29. Private Well Drilling 31 SD- 30. Sustainable Development 32 SD- 31. Construction Codes 33 SD- 32. Building Officials 34 SD- 33. Disability Access Requirements 35 SD- 34. Assaults on Code Enforcement Officials 35 3 SD- 35. Restrictions on Possession of Firearms 36 SD- 36. Public Safety Communications 37 SD- 37. Collateral Consequences and Expungements 37 SD- 38. Criminal and Juvenile Justice Information 38 SD- 39. Pawn Shop Regulation and Use of the Automated Property System (APS) 39 SD- 40. City Costs for Enforcing State and Local Laws 40 SD- 41. Compensation and Reimbursement for Public Safety Services 40 SD- 42. Administrative Traffic Citations 41 SD- 43. Juveniles in Municipal Jails 41 SD- 44. Justice System Funding 42 SD- 45. 21st Century Policing 42 SD- 46. Post-Incarceration Living Facilities 43 SD- 47. School Resource Officers 44 SD- 48. Cybersecurity 44 SD- 49. Legalization of Fireworks 45 SD- 50. Traffic Enforcement Cameras 46 SD- 51. Operation of Motorized Foot Scooters 46 SD-52. Operation of Electric Assisted Bicycles 47 SD- 53. Copper Wire Theft Prevention 47 SD- 54. Drug Courts 48 SD- 55. Drug Paraphernalia 48 SD- 56. Regulation of Massage Therapists 48 SD- 57. Regulation of Adult-Use Cannabis and Cannabinoid Products 49 SD- 58. Lawful Gambling and Local Control 50 SD- 59. Liquor Liability Insurance Limits 51 SD- 60. On-Sale Liquor or Wine Licenses 51 SD- 61. Liquor Licensing of Non-Contiguous Spaces 51 SD- 62. Wine and Off-Sale Licenses 52 SD- 63. Youth Access to Alcohol and Tobacco 52 SD- 64. Consumer Small Loans 52 SD- 65. Regulation of Mobile Businesses 53 SD- 66. Regulation of Party Buses and Boats-for-Hire 53 SD- 67. Environmental Protection 54 SD- 68. Impaired Waters 56 SD- 69. Municipal Public Water Supplies 57 SD- 70. Municipal Electric Utilities 59 SD- 71. State Support for Municipal Energy Policy Goals 59 SD- 72. Urban Forest Management Funding 61 SD- 73. City Pesticide Application Authority 61 SD- 74. Election Issues 61 SD- 75. Administering Absentee Balloting and Early Voting 62 SD- 76. Ranked Choice Voting 63 SD- 77. Election Judge Recruitment and Retention 64 SD-78. Mail Balloting 65 SD-79. Modernizing Charter Amendment Process 65 SD-80. Presidential Nomination Primary 65 4 SD-81. Health Care Facility Voting 66 SD-82. Voters Experiencing Homelessness 67 SD-83. Voter Registration 67 IMPROVING LOCAL ECONOMIES 69 LE- 1. Growth Management and Annexation 69 LE- 2. Wildlife Management Areas 70 LE- 3. Official State Mapping Responsibility 71 LE- 4. Electric Service Extension 71 LE- 5. Statutory Approval Timelines 71 LE- 6. Maintenance of Retaining Walls Adjacent to Public Rights of Way 73 LE- 7. Development Disputes 73 LE- 8. Foreclosure and Neighborhood Stabilization 74 LE- 9. Housing Policy 75 LE- 10. Resources for Affordable Housing 77 LE- 11. Greater Minnesota Housing 79 LE- 12. Energy Efficiency Improvement Requirements for Housing 80 LE- 13. In-Home Day Care Facilities 82 LE- 14. Residential Programs 82 LE- 15. Inclusionary Housing 83 LE- 16. Community Land Trusts 84 LE- 17. Telecommunications and Information Technology 84 LE- 18. Broadband 85 LE- 19. Cable Franchising Authority 87 LE- 20. Public Right-of-Way Management 87 LE- 21. Wireless Infrastructure and Equipment Siting 88 LE- 22. County Economic Development Authorities 89 LE- 23. Local Appropriations to Economic Development Organizations 89 LE- 24. Workforce Readiness 89 LE- 25. Business Development Programs 90 LE- 26. Remediation and Redevelopment 90 LE- 27. Development Authority Levy Limits 91 LE- 28. Tax Increment Financing (TIF) 92 LE- 29. Property Tax Abatement Authority 93 LE- 30. Revisions to the OSA Audit Function 93 LE- 31. OSA Time Limitations 94 LE- 32. Workforce Housing 95 LE- 33. Development Along Transit Corridors 96 LE- 34. Comprehensive Plans and Environmental Review 97 LE- 35. Authority to Create Public Infrastructure Utilities 97 LE- 36. Authority to Create Public Infrastructure Utilities 98 LE- 37. Adequate Funding for Transportation 98 LE- 38. Turnbacks of County and State Roads 99 LE- 39. MnDOT Rights-of-Way Maintenance 100 LE-40. Funding for Non-Municipal State Aid City Streets 100 LE- 41. Authority to Allow Amenities in MnDOT Rights-of-Way 101 LE- 42. Authority to Implement Infrastructure Fees 102 5 LE- 43. Safe Routes to School Grants Management 102 LE- 44. Railroads 103 LE- 45. Airport Planning and Funding 104 LE- 46. Airport Safety Zones 105 HUMAN RESOURCES & DATA PRACTICES 106 HR-1. Personnel Mandates and Limits on Local Control 106 HR-2. Earned Sick and Safe Time 106 HR-3. Pay Equity Compliance 107 HR-4. Public Employment Labor Relations Act(PELRA) 107 HR-5. Implications of Janus v. AFSCME 108 HR-6. Essential Employees 109 HR-7. Re-employment Benefits 109 HR-8. Public Employee Defined Benefit Pension Plans 110 HR-9. Deferred Compensation 112 HR-10. Continued Health Insurance for Duty Disabled Peace Officers and Firefighters 113 HR-11. Health Care Insurance Programs 114 HR-12. Workers' Compensation 115 HR-13. Public Safety Duty Disability 116 HR-14. Drug and Alcohol Testing in the Workplace 117 HR-15. Veterans Preference 118 HR-16. Military Leave Reimbursement 119 HR-17. Tele-Health Exams 119 HR-18. Public Employees Retirement Association Police and Fire Plan Membership Eligibility for Fire Department Employees 120 Data Practices 121 DP-1. Data Practices Compliance Costs 121 DP-2. Records Retention Compliance Costs 123 DP-3. Updating the Minnesota Government Data Practices Act 123 DP-4. Maintaining Government Data in Large Databases 124 DP-5. Sharing of Student Data with Local Law Enforcement in Emergencies 124 DP-6. Disclosure of Victim Data 125 DP-7. Challenges to the Accuracy of Data 126 DP-8. Law Enforcement Technologies 126 DP-9. Body-Worn Cameras 127 DP-10. Open Meeting Law 128 DP-11. Needed Closed Meeting Exceptions to the Open Meeting Law 128 DP-12. Remote Participation under the Open Meeting Law 129 Federal Employment Law 130 FED-I. Consolidated Omnibus Budget Reconciliation Act(COBRA) 130 FED-2. Flexible Spending Accounts 130 FED-3. IRS Regulations on Death Benefits 131 FED-4. Federal Public Safety Collective Bargaining Bill 131 FED-5. Federal Health Care Reform 132 FED-6. Amended Internal Revenue Code Regarding 403(b) Retirement Plans 132 FED-7. Amended Internal Revenue Code Regarding Health Savings Account Eligibility and Medicare Enrollment 133 6 FED 8. Affordable Care Act Reporting 133 IMPROVING FISCAL FUTURES 135 FF- 1. State-Local Fiscal Relations 135 FF- 2. State Budget Stability 135 FF- 3. Funding Local Government Aid 136 FF- 4. State Charges for Administrative Services 137 FF- 5. Reporting Requirements 138 FF- 6. Taxation Duplication 139 FF- 7. Direct Property Tax Relief Programs 139 FF- 8. Sales Tax on Local Government Purchases 140 FF- 9. Taxation of Electronic Commerce 140 FF- 10. Local Lodging Taxes 141 FF- 11. Taxation of Electric Generation Personal Property 141 FF- 12. Electric Generation Taxation Reform 142 FF- 13. Support for Transitioning Communities 143 FF- 14. Taxation of Municipal Bond Interest 144 FF- 15. Pollution Control Exemption 144 FF- 16. Representative Democracy and Local Control 144 FF- 17. Tax Hearing and Notification Process 145 FF- 18. General Election Requirement for Ballot Questions 145 FF- 19. City Fund Balances 146 FF- 20. Local Option Sales Tax and City Revenue Diversification 146 FF- 21. City Franchise Authority 148 FF- 22. State Assistance for Property Tax Refunds for State-Assessed Property 149 FF- 23. Transition for Property Acquired by Tax-Exempt Entities 149 FF- 24. Payments for Services to Tax-Exempt Property 149 FF- 25. Housing Improvement Areas and Special Service Districts Petitioned by Business 150 FF- 26. Tax-Forfeited Properties and Local Special Assessments 150 FF- 27. Distribution of Proceeds from the Sale of Tax-Forfeit Property 151 FF- 28. State Hazard Mitigation and Response Support 152 FF- 29. Library Funding 152 FF- 30. Park and Library Land Tax Break 154 FF- 31. Increasing Safe School Levy Authority 154 FF- 32. Equitable Funding of Community Education Services 154 FF- 33. Street Reconstruction Bond Approval 155 FF- 34. Special Assessment Election Requirements 155 FF- 35. Homestead Market Value Exclusion 156 FF- 36. State Fund for Non-weather-related Disaster/Catastrophe Relief 156 FF- 37. Park Dedication 156 LEAGUE OF MINNESOTA CITIES INTERGOVERNMENTAL RELATIONS STAFF © #M Cities nesotaCities The League's Intergovernmental Relations (IGR) staff work on legislative 0 MinnesotaCities issues that matter to cities. Feel free to contact our IGR staff members with League of any questions, concerns, or suggestions regarding legislative issues. ® Minnesota Cities Anne Finn I Brooke Alex Hassel Director s Bordson Representative (651) 281-1263 Representative (651) 281-1261 ,:' ' i 1 afinn@lmc.org (651) 281-1260 ahassel@lmc.org O@annemfinn bbordson@lmc.org 0 @AlexHassel ©@BrookeBordson • Cannabis Regulation • Emergency Management • Pensions and Retirement • Elections • Building Codes • Employment and Human Resources • Public Safety • State Bonding • Civil Liability • Regulated Industries • Data Practices and Open Meeting Law • Transportation • Land Use and Zoning • Workers' Compensation • Pensions and Retirement Nathan Jesson Craig Johnson Daniel Representative Representative4) Lightfoot ig- (651) 281-1262 (651) 281-1259 iiii Representative njesson@lmc.org cjohnson@Imc.org (651) 281-1295 I." 1' © @nathanfjesson 0 @cajohnson1 dlighffoot@lmc.org • Aid to Cities • Energy ©@dflightfoot • Local Government Aid (LGA) • Environment • Broadband • Local Sales Taxes • Land Use and Annexation • Cable/Franchising • Public Finances • Local/Tribal Relations • Economic Development • Taxes • State Bonding • Federal Relations and Advocacy TIF • Housing eing • Tax Increment Financing (TIF) • Sustainable Development • State Bonding • Wastewater, Drinking Water, • Telecommunications, Information and Stormwater Technology,&Wireless Infrastructure JUNE2023 Ted Bengtson ,4 r Administrative Coordinator 7 (651) 281-1242 ,` , QP tbengtson@lmc.org I._Iic: ©@tbengtsonlmc • General LEAGUE of • Member Relations MINNESOTA CITIES LMC.ORG ©2023 League of Minnesota Cities.All Rights Reserved. 8 COMMITTEE MEMBERSHIP 2022-2023 Improving Service Delivery Heidi Lee, Race & Equity Manager, Edina Chair: Tina Folch, Councilmember, Jennifer Levitt, City Administrator, Cottage Hastings Grove Vice Chair: Carly Johnson, Councilmember, Athanasia Lewis, Assistant City Oak Park Heights Administrator, Centerville Steve Lindaas, City Council Member, Jessica Beise, City Administrator, City of Moorhead Corcoran Sara Ludwig, Clerk, Oakdale Josh Berg, City Council Member, Elko New Brent Mareck, City Manager, City of Carver Market Bill McCabe, City Administrator, City of St. William Blonigan, Mayor, Robbinsdale Augusta Daniel Buchholtz, Administrator, Teresa Miller, Council Member, Little Clerk/Treasurer, Spring Lake Park Canada Rocky Burnett, Ambulance Director, Loren Olson, Senior Government Relations Chatfield Representative, City of Minneapolis Deborah Calvert, Councilmember, Hunter Panning, Police Officer, Chaska Minnetonka Mia Parisian, Council Member, Robbinsdale Heather Corcoran, Legislative Affairs & Chelsea Petersen, Assistant City Policy Director, Rochester Administrator, Shakopee Karin Derauf, Deputy City Clerk, Forest Duane Pulford, Council Member, Lake Lauderdale Claudia Ettesvold, City Clerk, City of Christina Regas, City Administrator, Victoria Blackduck Inderia Falana, Government Relations Chad Roberts, Council Member, Victoria Represenative, Minneapolis Al Roder, City Administrator, Byron Tom Fletcher, Council Member, Greenwood Calvin Saari, Mayor,Nashwauk Mary Gaasch, Mayor, Lauderdale* Cara Schulz, Council member, City of Jodi Gallup, City Clerk/Administrative Burnsville Coordinator, Plymouth Heather Slechta, City Clerk, Faribault Elroy Glidden, Council man, Welcome Cathy Sorensen, City Clerk, Blaine Minnesota Michael Sund, Civic Engagement Clark Gregor, City Council Member, Coordinator, St. Louis Park Plymouth Mike Supina, Councilmember, Eagan Brian Heck, City Administrator, Mary Supple, Mayor, Richfield Montgomery Chris Swanson, Management Analyst, Erica Henderson, Deputy Clerk, Burnsville Richfield Steven Huser, Government Relations John Swenson, Public Safety Director, Lino Representative, Minneapolis Lakes BJ Jungmann, Fire Chief, Burnsville Katie Topinka, Intergovernmental Relations Kayla Klein, City Clerk, St. Joseph Director, Minneapolis Jacob Kolander, City Administrator, Spicer* Nhia Vang, Dep Hearing Officer/Sr Policy Connor LaPointe, City Administrator, City Analyst, St. Paul of Wells Norman Wahl, Councilmember, Rochester Karen Larson, Councilmember, St. Cloud 9 Kevin Watson, City Administrator, Vadnais Mike Funk, City Manager, Minnetonka Heights Matthew Gabb, Sustainability Specialist, Marcia Westover, Community Development Edina Director, Cambridge Elroy Glidden, Council man, Welcome Andrew Wittenborg, Communications and Emily Goellner, Community Development Marketing Manager, Minnetonka Director, Wayzata Wally Wysopal, City Manager, Fridley Tina Goodroad, Community Development Mark Ziebarth, Council Member, Director, Lakeville Cambridge Derek Gunderson, Council Member, Nyle Zikmund, City Administrator, Mounds Victoria View Dan Gustafson, Council member, City of Burnsville *LMC Board of Director Gary Hansen, City Councilmember, Eagan Valerie Halter, City Clerk, Lamberton 2022-2023 Improving Local Economies Kyle Harris, City Manager, Benson Chair: Maria Solano, Deputy City Manager, Luke Hellier, Mayor, Lakeville Plymouth Steven Huser, Government Relations Vice Chair: Steve Bot, City Administrator, Representative, Minneapolis St. Michael PeggySue Imihy Bean, Special Projects and Initiatives Managers, Hopkins Kristy Barnett, City Council, Maple Grove Cheryl Jacobson, City Administrator, Karen Barton, Community Development Mendota Heights Director/EDA Executive Director, St. Louis Marvin Johnson, Mayor, Independence Park Scott Johnson, City Administrator, Medina Josh Berg, City Council, Elko New Market Kelcey Klemm, City Administrator, Detroit Steve Bot, City Administrator, St. Michael Lakes Jenn Brewington, Community and Nichole Klonowski, Councilmember, Economic Development Director, Victoria Brooklyn Park Kirt Briggs, Mayor, Prior Lake Karen Larson, Councilmember, St. Cloud Brooke Carlson, City Council President, Heidi Lee, Race & Equity Manager, Edina Rochester Mary McComber, Mayor, Oak Park Heights Aaron Chirpich, Community Development Cathy Mehelich, Economic Development Director/Assistant City Manager, Columbia Director, City of St. Cloud Heights Kirby Moynagh, Mayor, Montrose Craig Clark, City Administrator, Austin Revee Needham, Assistant City Planner, Kissy Coakley, Councilmember, Northfield Minnetonka Loren Olson, Senior Government Relations Heather Corcoran, Legislative Affairs & Representative, Minneapolis Policy Director, Rochester Duane Pulford, Council Member, John Doan, Council Member, Shoreview Lauderdale Inderia Falana, Government Relations Christina Regas, City Administrator, Represenative, Minneapolis Blackduck Tom Fletcher, Council Member, Greenwood Joe Roby, City Administrator, Le Sueur Jason Franzen, Council member, Delano Al Roder, City Administrator, Byron Renae Fry, City Administrator,North Calvin Saari, Mayor,Nashwauk Branch 10 Maria Solano, Deputy City Manager, Teddy Frid, HR Manager, Victoria Plymouth Karissa Goers, Administrative Services Jeff Thomson, Community Development Director, Lake Elmo Director, City of Burnsville Melissa Haas, HR Manager, Apple Valley Katie Topinka, Intergovernmental Relations Kyle Harris, City Manager, Benson Director, Minneapolis Corrine Heine, City Attorney, Minnetonka Evan Vogel, City Administrator, Juliana Hultstrom, Councilmember, Osseo Cambridge* Steven Huser, Government Relations Aaron Wagner, Robbinsdale Representative, Minneapolis Councilmember Ward 4, Robbinsdale Patrick Keane, City Council Representative, Deb Wegeleben, Finance/HR Director, Big Ward 1, Rochester Lake Jacob Kolander, City Administrator, Spicer Marcia Westover, Community Development Heidi Lee, Race & Equity Manager, Edina Director, Cambridge Melanie Lee, HR Director, City of Oakdale Kimberly Wilburn, Councilmember, Joan Lenzmeier, City Clerk, Coon Rapids Minnetonka Caroline Moe, Director of Finance &Data Jill Wolf, City Administrator, Luverne Practices Officer, Cambridge Shari Moore, City Clerk, St. Paul *LMC Board of Director Larry Odebrecht, Council Member, Stillwater* 2022-2023 Human Resources & Data Hunter Panning, Police Officer, Chaska Practices Chelsea Petersen, Assistant City Chair: Evan Vogel, City Administrator, Administrator, Shakopee Cambridge Jennifer Pinski, Assistant City Vice Chair: Joan Lenzmeier, City Clerk, Administrator, Oak Park Heights Coon Rapids Duane Pulford, Council Member, Lauderdale Becky Barham, Human Resources Manager, Christina Regas, City Administrator, Bloomington Blackduck Wendy Berry, City Councilmember, West Al Roder, City Administrator, Byron St. Paul* Megan Schlei, Human Resources Wayne Boucher, Mayor, Hermantown Technician, Hastings Richard Brainerd, Mayor, Mahtomedi Jackie Schulze, Assistant City Heather Corcoran, Legislative Affairs & Administrator, Waconia Policy Director, Rochester Tammy Schutta, HR Manager, Lakeville Charnelle Dengnoue, HR/Risk Management Janet Shefchik, Human Resources Manager, Specialist, Robbindale Inver Grove Heights Karin Derauf, Deputy City Clerk, Forest Terri Spangrud, City Clerk, City of New Lake Brighton Inderia Falana, Government Relations Melissa Stenson, Clerk- Treasurer, South Represenative, Minneapolis Haven Julie Flaten, Assistant City Jewel Thurman, HR Manager, Red Wing Administrator/Human Resources Director, Katie Topinka, Intergovernmental Relations Farmington Director, Minneapolis Michael Freske, Employment Attorney, City Rita Vorpahl, HR Director, St. Louis Park of Brooklyn Park 11 Deb Wegeleben, Finance/HR Director, Big Caroline Moe, Director of Finance & Data Lake Practices Officer, Cambridge, MN Nyle Zikmund, Administrator, Mounds Darin Nelson, Finance Director, Minnetonka View Larry Odebrecht, Council Member, Stillwater *LMC Board of Director Steven Okins, Finance Director, Willmar Loren Olson, Senior Government Relations 2022-2023 Improving Fiscal Futures Representative, City of Minneapolis Chair: Dan Matejka, City Administrator, Shaun Palmer, City Council member, Goodview Rochester Vice Chair: Sarah Rathlisberger, Finance Trisha Pollock, Assistant City Manager, Director, City of Monticello Victoria Duane Pulford, Council Member, Heather Corcoran, Legislative Affairs & Lauderdale Policy Director, Rochester Sarah Rathlisberger, Finance Director, Lindy Crawford, City Manager, City of Monticello White Bear Lake Christina Regas, City Administrator, Amelia Cruver, Finance Director, St. Louis Blackduck Park Jennifer Rhode, Finance Director, City of Jeffrey Dahl, City Manager, Wayzata Burnsville Greg Evansky, Council Member, Victoria Joe Roby, City Administrator, Le Sueur Hope Fairchild, City Administrator/Clerk- Al Roder, City Administrator, Byron Treasurer, Walker Gillian Rosenquist, Council Member, Inderia Falana, Government Relations Golden Valley Representative, Minneapolis Parker Skophammer, Director of Elroy Glidden, Council man, Welcome Administrative Services, Mankato Marshall Hallock, Administrative Business Melissa Stenson, Clerk- Treasurer, South Director, Red Wing Haven Kyle Harris, City Manager, Benson Katie Topinka, Intergovernmental Relations Steven Huser, Government Relations Director, Minneapolis Representative, Minneapolis Christina Volkers, City Administrator, Timothy Ibisch, City Administrator, Kasson, Oakdale* MN Rob Voshell, Finance Director, Sartell Connor LaPointe, City Administrator, City Deb Wegeleben, Finance/HR Director, Big of Wells Lake Brad Larson, City Administrator, Savage Jim Weikum, Mayor, Biwabik Tom Lawell, City Administrator, Staff Brad Wiersum, Mayor, Minnetonka Directory Dan Wolter, Council Member, Lakeville Heidi Lee, Race & Equity Manager, Edina Josi Wood, City Administrator, Isanti Athanasia Lewis, Assistant City Vince Workman, Council member, City of Administrator, Centerville Burnsville Dan Matejka, City Administrator, Goodview Neal Younghans, Debt Manager, Saint Paul Bill McCabe, City Administrator, City of St. Augusta *LMC Board of Director 12 13 LMC POLICY DEVELOPMENT PROCESS The City Policies document addresses more than 180 legislative issues that impact cities and serves as the foundation of the League of Minnesota Cities (LMC) advocacy efforts. City officials from across the state are recruited throughout the year to serve on one or more policy committees. In 2023, over 150 city officials participated in the policy committees. Policies are considered, discussed, and revised annually with considerable member input. Then, draft policies are published online for member comments before being considered for approval by the LMC Board of Directors. Guided by the City Policies, LMC member cities and staff actively advocate for city-friendly legislation. Below are some of the major events in the policy development process: January The Minnesota Legislature begins the first session of each two-year biennium in January of odd-numbered years. The 2023 Legislative session began on January 3. February The Legislature typically begins the second session of each biennium in February or March of even-numbered years. The 2024 Legislative Session will begin on Feb. 12. March/April In March, the National League of Cities hosts the Congressional City Conference in Washington, D.C. The League's legislative conference is held in St. Paul. The 2023 Legislative Conference set the record for sign-ups. May Under the Minnesota Constitution, the deadline to end any legislative session is the first Monday following the third Saturday in May(May 22, 2023). The governor may call special legislative sessions when necessary. June In June members come together at the LMC Annual Conference (held in Duluth this year from June 21 to June 23). July Policy committees hold their first of three meetings. The July meeting typically includes a review of the most recent legislative session, a preliminary discussion of emerging issues, and a review of member comments and board interim policies from the prior year. August Policy committees hold their second of three meetings to hear from subject-matter experts on existing and potential new policy topics. September Policy committees meet for a third time to finalize their work and make specific policy recommendations to the LMC Board of Directors. October Draft policies, as approved by the policy committees, are shared with members online during the comment period. Member input is also sought from city officials attending LMC City Meetups around the state each fall. November The LMC Board of Directors reviews member input, then considers and amends the policies for the following calendar year. The Board adopts policies on behalf of League members before the start of the next legislative session. 14 PURPOSE, PROCESS AND PRINCIPLES OF CITY POLICIES The League of Minnesota Cities is dedicated to promoting excellence in local government through effective advocacy, expert analysis, and trusted guidance for all Minnesota cities. Each year, the League's member cities identify common needs and goals, and the Board of Directors adopts policies designed to help cities overcome obstacles and reach those goals. These policies serve as the foundation of the League's advocacy work on behalf of Minnesota cities. There are 855 cities in Minnesota, and 837 cities are members of the League of Minnesota Cities. Eleven townships and 63 special districts/other members are also League members. The League's members include the smallest rural cities in Greater Minnesota and the largest cities in the urban core; they include suburban communities in the Metropolitan Area and regional centers in every corner of the state. Every member of the League has a voice in developing the following policies. Two core principles guide the development of City Policies and the actions of the League: 1. Local units of government must have sufficient authority and flexibility to meet the challenges of governing and providing residents with public services. The Legislature must avoid imposing unfunded and underfunded mandates that erode local control and create liability and financial risk for city taxpayers. 2. The increasingly complex and costly requirements necessary for cities to provide services to their residents require a strong partnership between federal, state,and local governments. This partnership should be based upon a shared vision for Minnesota and should allow individual communities to tailor that vision to the unique needs of their residents. Because of the fluid nature of emerging issues, state and national politics, and current events, additional and alternative policies may be proposed after the policies are adopted by the Board of Directors. The League will make every effort to notify members of substantial changes or additions to policies after they are adopted by the Board of Directors. 15 IMPROVING SERVICE DELIVERY SD-1. Local Control mandates force cities to reduce funding for other basic services or to increase taxes and Issue: Cities are often laboratories for service charges. determining public policy approaches to the challenges that face residents. Success in Response: providing for the basic needs of a functional a) Existing unfunded mandates should be society is rooted in local control to determine reviewed and modified or repealed how best to respond to the ever-changing where possible. needs of the population. Because city government most directly impacts the lives of b) No additional statewide mandates people, and representative democracy ensures should be enacted unless full funding that locally elected officials are held for the mandate is provided by the accountable for their decisions through local level of government imposing it or a elections, local governments must have permanent stable revenue source is sufficient authority and flexibility to meet the established. challenges of governing and providing c) Cities should not be forced to comply residents with public services. with unfunded mandates. Response: The increasingly complex and d) Cities should be given the greatest costly requirements necessary for cities to flexibility possible in implementing provide services to their residents would mandates to ensure their cost is benefit from a strong partnership between minimized. federal, state and local governments. This partnership should be based upon a SD-3. Local Approval of Special shared vision for Minnesota and should Laws allow individual communities to tailor that Issue: The Minnesota Constitution prohibits vision to the unique needs of their special legislation except for certain special residents without mandates and policy laws relating to local government. It provides restrictions imposed by state and federal that a special law must name the affected policy makers. The state should recognize local unit of government and is effective only that local governments, of all sizes, are after approval by the local government unit, often the first to identify problems and unless general state law provides otherwise. inventive solutions to solve them, and Under(Minn. Stat. §§ 645.021-645.024), a should encourage further innovation by special law is not effective unless approved increasing local control. The state should by the affected local unit of government, not enact initiatives that erode the except under limited circumstances. fundamental principle of local control in cities across Minnesota. In recent years, the Legislature has occasionally enacted general laws that affect SD-2. Unfunded Mandates a single local unit of government. By Issue: Federal and state mandated programs enacting a general law with limited substitute the judgment of Congress, the application, local approval is not required. president, the Minnesota Legislature, and the Response: The League of Minnesota Cities governor for local budget priorities. These supports the Constitutional requirement 16 that a special law must be approved by the e) Interruption of local economic affected local unit of government before it development due to the state having sole can take effect. If a law is intended to authority to inspect, review and approve affect or benefit a single local unit of various plans and types of projects. government,the Legislature must follow Although the 2011 shutdown ultimately the requirements for enacting a special law resulted in judicially-ordered continuation of set forth in the Minnesota Constitution many state government services, a 2017 and in Minn. Stat. §§ 645.021-645.024. The Minnesota Supreme Court decision(A17- League specifically opposes the 1142)would likely exacerbate the impacts on Legislature's technique of bypassing the cities in a future state government shutdown. Constitution by not naming the local In that decision, the court stressed that government,but describing the local "Article XI, Section 1 of the Minnesota government in such narrow terms that it Constitution does not permit judicially can only apply to one entity. ordered funding for the Legislative Branch in SD-4. State Government Shutdowns the absence of an appropriation." The effect of the 2017 decision has yet to be tested. Issue: Twice in less than one decade, the state Legislature and governor failed to reach Response: The League of Minnesota Cities a global agreement on the state budget by the urges the Legislature and governor to end of the fiscal biennium(June 30 of odd- establish a procedure in state law to numbered years). As a result of these continue certain state government impasses,portions of state government were operations into a new biennium in the shut down. The shutdowns, particularly the event that the governor and legislators shutdown in 2011, created a range of cannot reach a budget agreement. challenges for cities, as well as for the state's Specifically,the Legislature and governor courts, residents,businesses, licensed should modify state law to assure that the professionals, state employees and others. staff necessary to distribute state funds that are already encumbered or statutorily For cities, the most pronounced challenges appropriated to local governments are related to the shutdowns were as follows: distributed as statutorily scheduled, or in a) Uncertainty about the timing and amount the absence of a statutory payment of aid and credit reimbursement payments schedule, are released in a predictable and and the distribution of local sales tax timely manner in the event of future revenues. shutdowns. b) Inability of licensed city professionals The Legislature should also pass such as peace officers and water legislation that allows existing licenses of treatment facility operators to renew public employees to be continued during licenses. any future state government shutdown c) Loss of access to critical information and should identify additional areas, such such as the Bureau of Criminal as electrical and plumbing inspection and Apprehension database and state- plumbing plan review,where local mandated reports. governments could reasonably step in to handle the inspections, review, and d) The shutdown of transportation projects approval necessary for local projects to on the trunk highway and state aid move forward, and allows work on system. 17 approved projects to continue in state 2a does apply to the conservation easements rights-of-way. and conservation restrictions created by earlier enacted statues. This conclusion is SD-5. Duration of Conservation inconsistent with the language in Minn. Stat. Easements § 84C.02(b)that"a conservation easement is Issue: The Minnesota Marketable Title Act unlimited in duration unless the instrument provides that any deed over 40 years old can creating it otherwise provides." be disregarded unless the holder of the Response: The League of Minnesota Cities interest re-records it. There is an exception supports legislation that excepts holders of for a person in possession of the property. A conservation easements from re-recording 2010 Minnesota Supreme Court decision said the easements under the Minnesota that the person in possession has to show that Marketable Title Act and that clarifies the possession has been visible enough to put that Minn. Stat. § 500.20, subd. 2a, does a prudent person on notice of the interest, and not apply to conservation easements and that the possession has to be continuous. restrictions. Sampair v. Village of Birchwood, 784 N.W.2d 65 (Minn. 2010). SD-6. Racial Equity in Minnesota This creates issues for cities that have Issue: Since the earliest days of its history, conservation easements. It is difficult, if not race and racial inequity issues have been impossible, to show actual use of the present in Minnesota. Land acquisition and easement because conservation easements are ownership, discriminatory covenants passive easements, not active ones. As a restricting homeownership to white result, cities will have to re-record the Minnesotans, and patterns of systemic, easements every 40 years in order to maintain structural, and institutional racism have them. This will result in a significant brought the state to experience some of the administrative burden and increase costs for worst racial disparities in the country for local units of government due to staff time, employment, housing, education, health, legal fees, and recording fees. criminal justice, and law enforcement. Explicit and implicit bias toward people of Additionally, Minn. Stat. § 500.20, entitled color is prevalent in public policies and other "Defeasible Estates,"provides in subd. 2a rules governing Minnesota residents. Racial that private covenants, conditions, or equity is accomplished when race can no restrictions that affect the title or use of real longer be used to predict success, and we estate cease to be valid 30 years after the date have government and systems that work for of the instrument creating them and they may all. be disregarded. This provision was initially enacted in 1988. The data is readily available from the U.S. Census, the state demographer, and local Minn. Stat. ch. 84C regarding conservation government. For example, Minnesota ranks easements was enacted in 1985, and Minn. 50th in the nation for median income equality Stat. §§ 84.64-.65 regarding conservation and 49th in homeownership equality. The restrictions were originally enacted in 1974. killing of George Floyd and the Because conservation easements and disproportionate impact of COVID-19 on conservation restrictions are not listed among communities of color have further the restrictions that are not subject to Minn. highlighted the critical need to overhaul our Stat. § 500.20, subd. 2a, it is possible to laws,policies, and practices to address conclude, by negative implication, that subd. systemic racism. 18 Racial demographics are continually intersection between these two issues and changing throughout the state. According to evaluate public policy initiatives from the state demographer, 20 percent of multiple social justice perspectives. League Minnesota's population are people of color. policies on immigration and racial equity are All racial groups have recently increased in heavily interrelated in that situation. the state, but between 2010 and 2018, Response: In order to best support and Minnesota has added five times as many serve all Minnesotans, the State should people of color as white residents. take a leadership role by prioritizing While every city may be in a different place, addressing racial equity through its the need for racial equity and the need to actions: repair past racial harms touches all a) Partner with local government and communities, from the most racially diverse communities of color to identify and cities to cities with very few or no people of color. In recognition of the need to strive for address racial equity issues; racial equity, cities are invested in building a b) Proactively assess past racial harms more equitable future when every resident and develop actions to address them; can thrive regardless of race. Among efforts c) Collect and provide data disaggregated cities are undertaking are: by race necessary for cities and the a) Examining how cities deliver services state to make informed decisions about and set local policies among city staff and how to address racial disparities; elected officials; d) Develop a state system for the b) Creating high-level staff positions and proactive and innovative development departments to address race equity, and delivery of resources to local financial and educational opportunity, government to address racial equity diversity, and analysis of city policies; including policy and service options, c) Engaging with the communities of color local engagement tools,policy to build/rebuild relationships and trust; expertise, and financial resources; and d) Establishing city commissions to address e) Actively review and amend existing race and racial equity issues with local statutory language to identify laws that affected communities; and contribute to racial inequities and consider racial equity impacts when e) Working to improve access to city crafting proposed legislation and procurement opportunities for veteran-, policies. woman-, and minority-owned businesses. SD-7. Immigration Reform However, cities acknowledge that there is much work that still needs to be done before Issue: The United States and the State of success for all Minnesotans can be achieved Minnesota have long traditions of welcoming regardless of race. To optimize success for all immigrants. Immigrants strengthen Minnesotans, cities cannot work in isolation Minnesota by contributing to the state's on racial equity issues. economy, enhancing cultural resources, and participating in efforts to build strong Further, it should be acknowledged that communities. community members who are both from communities of color and are immigrants According to the National League of Cities, require local governments to understand the roughly 35 percent of undocumented 19 immigrants have lived in the United States Safety (MNOPS) is proposing amendments for 10 years or more. Approximately 1.6 to state pipeline and safety rules related to the million undocumented immigrants are definition of excavation and changes to children, and another 3.1 million children in mandatory damage reporting. the United States have at least one Cities are concerned that damage to private undocumented parent. These families are service laterals within the public right-of-way forced to live "underground" and are unable continues due, in part, to construction to get drivers' licenses or car insurance in methods during the replacement, repair most states. In addition, they are unlikely to and/or installation of underground utilities obtain health insurance and are afraid to which cross city water and sewer services report crimes to local law enforcement. that are in the public rights-of-way. Since immigrants are barred from most Trenchless excavation could potentially federal public assistance, the burden of cause damage to underground service laterals providing social services, education, and and negatively impact the quality of utility health care falls to state and local services. governments that are increasingly feeling the Response: The League supports the financial impact of both legal and illegal changes to the definition of excavation immigrants living in their communities. presented by MNOPS at the 2012 Review Response: The League of Minnesota Cities, of Minn. Stat. ch. 216D. Cities support the together with the National League of elimination of windbreaks, shelterbelts, Cities, urges Congress to move quickly to and tree plantations from the definition of enact and enforce effective immigration excavation, unless any of these activities laws. disturbs the soil to a depth of 18 inches or Federal and state governments must not more. transfer responsibility for enforcing U.S. The League supports exempting normal immigration laws to local personnel, maintenance of roads and streets from the including police officers, firefighters, definition of excavation if the maintenance educators, health professionals, and social does not change the original grade and service employees. Federal and state does not involve the road ditch by defining governments must not prohibit local units "original grade" as the grade at the date of of government from implementing policies issue of the first notice by the excavator. aimed at fostering positive relationships The League supports increasing MNOPS between local government officials, fines for violators of state pipeline safety including law enforcement personnel, and requirements, bringing state penalties in immigrant communities. line with federal penalties. SD- 10. Responsibility for Locating The League opposes mandatory damage Private Underground Facilities reporting and recommends a simple Issue: Cities are responsible for complying standardized form to encourage cities to with state pipeline safety regulations that voluntarily report damages. The League hold cities responsible for locating and opposes requirements that would force marking private service laterals that connect cities to mark underground facilities of all in public rights-of-way to city sanitary and sizes and materials. storm sewer, water, and district heating The League recognizes that tenchless systems. The Minnesota Office of Pipeline excavation presents concerns to cities. 20 Private property owners in the excavation relocation of utilities,the cost of relocating area must receive advance notice of any municipal utilities should be shared trenchless or other excavation activities equitably between MnDOT and affected that could affect the quality of utility municipal utilities. services. Notice must include at least one phone number for assistance in case of any SD-12. National Fire Protection service problems. Association (NFPA) Standards Contractors must comply with city permits Issue: The National Fire Protection requiring that the drill head be visible Association(NFPA) is an international when crossing any paint marks and association of individuals and trade and moving through the pothole at the depth professional organizations that deals with fire that the city allows for the installation. and life safety. The NFPA has advocated legislation that would mandate two standards: Cities must not be required to locate NFPA 1710, Organization and Deployment privately-owned water and sewer laterals of Fire Suppression Operations, Emergency and must not be held responsible for Medical Operations, and Special Operations actions by excavators when the city to the Public by Career Fire Departments, determines not to locate such facilities. and NFPA 1720, Organization and Excavators should be responsible for Deployment of Fire Suppression, Emergency locating and protecting any private service Medical Operations, and Special Operations lateral that is impacted by excavation to the Public by Volunteer Fire Departments. activities conducted on private property NFPA standards 1710 and 1720 define beyond the public right-of-way. minimum response times, minimum fire SD-11. Utility Relocation Under company staffing levels, initial full alarm Design-Build Road Construction response levels, and extra alarm response levels. Although NFPA codes and standards Issue: The Minnesota Department of are voluntary, they are often adopted by local Transportation(MnDOT)has promoted jurisdictions. legislation relating to the design-build construction process that would require Response: Levels of service delivery for private and public utilities to be responsible fire and emergency medical services for utility relocation necessitated by road (EMS) have always been determined by construction. The policy, if enacted, would local jurisdictions. If mandated, the NFPA create unanticipated costs for utilities owned standards would force local governments and operated by cities. Municipally-owned to shift dollars from fire prevention utilities would be unreasonably held to the programs to fire suppression activities, same standards as privately-owned utilities potentially increasing the risk of fire and that exist in the public right-of-way. the danger to local firefighters. Response: The League of Minnesota Cities The League supports permanent and supports use of the design-build ongoing state funding to assist fire procedure, however, municipal utilities departments statewide to improve that exist in the public right-of-way should emergency response and work toward not be penalized under this process. industry standards. Municipal utilities legitimately exist in the The League of Minnesota Cities opposes public right-of-way.When a MnDOT any attempt to mandate standards for construction project requires the minimum staffing levels of fire, specialized 21 or EMS vehicles controlled by units of a) Who is in command of the mutual aid local government. The League also scene. opposes any attempt to adopt a standard b) Who will cover the firefighters for dictating or affecting the response time of worker's compensation. any fire, specialized or EMS vehicle. SD-13. Fire Mutual Aid c) How liability and property claims will be handled. Issue: City and township fire departments d) Who will pay for expendable supplies regularly assist each other with firefighting such as foam. and other response activities. This mutual aid is mostly authorized by individual written e) When fire departments will charge contracts with each city or township, which each other for these services. results in a patchwork of different f) The ability for fire departments to opt agreements with different provisions. Often, out by having a separate written each city attorney recommends different agreement. provisions. SD-14. Clarification of Joint Powers Following the Red River floods and the St. Relationships with Federally Peter tornados, emergency responders Recognized Indian Tribes (including fire departments) met and helped pass a statute to govern mutual aid situations Issue: During the 2010 legislative session, when there is an emergency declared by Minn. Stat. § 471.59 was modified to allow mayor or governor and no written agreements federally recognized Indian tribes to exist. The statute, Minn. Stat. § 12.331, participate in joint powers agreements with provides a framework for how worker's other governmental entities, including compensation, liability,property claims, Minnesota cities. Indian tribes are extremely insurance, and charges between the unique legal entities under federal law and departments will be handled in mutual aid international treaties. The new law was a situations. broad brush authorization that did not address The League of Minnesota Cities Insurance important issues that uniquely arise when Trust (LMCIT) developed a model mutual dealing with Indian tribes related to aid agreement that contains the same basic sovereignty, insurance liability and liability structure for liability as the statute. Many limits (commonly called"tort caps"). cities have entered into area-wide mutual aid Previous laws, such as Minn. Stat. § 626.93 agreements that are similar to the LMCIT (authorizing tribes to act as law enforcement model agreement. To provide uniformity, entities) explicitly addressed these concerns. there should be a statute that is similar to Since the new law passed, interest has been Minn. Stat. § 12.331, to govern daily fire expressed by public safety groups and mutual aid situations that do not rise to the individual cities in entering into joint powers level of emergencies. agreements with federally recognized Indian tribes. However, legislative guidance is Response: The Legislature should pass a needed to address concerns related to statute to provide uniform provisions sovereignty, insurance and liability limits for when fire departments assist each other. these agreements. These provisions should include statutory definitions and clarifications for: Response: Include in Minn. Stat. § 471.59 (the joint powers statute) language 22 substantially similar to Minn. Stat. § to deliver emergency care,particularly in 626.93 that clarifies that Indian tribes rural Minnesota. All ambulance services and entering into joint powers relationships personnel are regulated by Minn. Stat. ch. agree to: 144E and must comply with the same a) Be subject to liability for its torts and licensing, training, and equipment-related those of its officers, employees, and requirements, regardless of ownership. agents acting within the scope of their In addition, the liability exposure of medical employment or duties arising out of the directors associated with ambulance service joint powers agreement to the same is a concern. While medical directors of extent as a municipality under Minn. government-based ambulance services may Stat. ch. 466; and arguably be covered by public official b) Notwithstanding Minn. Stat. § 16C.05, immunity, the law is unclear and should be subd. 7,waive its sovereign immunity clarified. with respect to claims arising from Response: The League of Minnesota Cities liability under the joint powers. supports federal legislation that would: SD-15. Ambulance Service Costs a) Require Medicare to set ambulance and Liability payment rates to cover the cost of providing service for both transport Issue: The cost of providing ambulance care and non-transport care of patients; has increased steadily over the last several years due in part to changes in Medicare and b) Require adequate reimbursement for Medicaid reimbursement. The federal ambulance providers; Balanced Budget Act (BBA) of 1997 made c) Require Medicare to reimburse for 911 two significant changes to ambulance billing. ambulance transports regardless of First, the act mandated that all ambulance medical necessity; services accept Medicare and Medicaid assignments as payment in full; that is, d) Make it easier for providers to file ambulance services cannot bill the Medicare claims with Medicare by eliminating a or Medicaid patient for any unpaid balance processing system that often leads to beyond the Medicare or Medicaid the rejection of legitimate assignment. Second, the act mandated a reimbursement claims. uniform fee schedule that was implemented If the federal government does not in April 2002. The new fee schedule increase Medicare and Medicaid rates in significantly reduced reimbursement levels the immediate future to fully reimburse for many ambulance services. In addition, in providers for the cost of treating and most cases Medicare does not pay for costs transporting patients,the state should related to treatment of patients that are not provide defined additional funding to transported. The BBA mandates are offset the gap. impacting the ability of some Minnesota The League also urges the Legislature to ambulance service providers to adequately extend the protection of the state and fund their operations. municipal Tort Claims Act to licensed The loss of revenue due to Medicare and third parties that contract with a Medicaid reimbursement changes, coupled municipality to provide ambulance with higher insurance rates, is affecting the services. The League also supports ability of many ambulance service providers extending the applicability of public 23 official immunity to medical directors in b) Providing local units of government the course of ambulance service activities. with tools and authority to ensure transparency by EMS providers; SD-16. Emergency Medical Services c) Uncoupling the professional standards Issue: The Emergency Medical Services overview role of the EMSRB from the Regulatory Board(EMSRB) is the State of service area determination; Minnesota's regulatory entity that oversees and issues ambulance licenses. The EMSRB d) Requiring the membership of the has the authority to designate exclusive EMSRB to be regionally balanced emergency medical services (EMS) operating between Greater Minnesota and the areas, or primary service areas (PSAs), for metropolitan area; ambulance providers. Once a provider has e) Modifying the membership of the been approved to operate in a PSA, the EMSRB to include representatives of provider is authorized to serve that PSA for municipal ambulance services; an indefinite period of time. Currently, no other health licensing board in Minnesota f) Legislative consideration of setting grants a provider an exclusive operating area. term limits for EMSRB members; Historically, health licensing boards have g) Continued authority for the EMSRB to played a critical role in setting professional set professional standards; and standards and establishing credentialing h) Requiring the EMSRB to submit processes. However, the EMSRB has not biennial reports on EMS service imposed operational standards to ensure an delivery data points for each local unit area has adequate coverage and service level of government to appropriate such as response time requirements on EMS legislative committees. providers. Furthermore, there is currently no oversight of ambulance billing rates. The SD-17. Fees for Service current system does not require ambulance Issue: While general services—such as services to disclose the number of permitting, inspections or enforcement—are ambulances staffed, where an ambulance is typically funded out of a city's general fund, responding from or any other important data cities often impose fees to cover the cost of points that would ensure a community is providing certain services,permits, and receiving quality ambulance services. The licenses. lack of transparency within Minnesota's ambulance industry compromises The Legislature and interest groups often accountability by EMS providers. seek to mandate or preserve fee limitations for city services. Over the last several years, Response: The League of Minnesota Cities the Legislature has enacted a number of new supports: laws designed to rigorously control local fee- a) Allowing local units of government to setting authority. Examples of such mandates designate which licensed ambulance include placing limits on coin-operated service provider or providers may amusement machine license fees, on-sale and serve their communities and to off-sale liquor license fees, license fees for determine the appropriate level of retailers selling fireworks, deputy registrar service; fees and planning and zoning fees. The state also requires cities that collect more than $5,000 in development-related fees each year 24 to annually report all construction and support would allow the funding for desired development fees to the Department of Labor projects without requiring an increase in and Industry. property taxes or seeking a local option sales Response: While the state has a role in tax. providing a general, statewide funding Response: The League of Minnesota Cities policy, the state should not interfere in the supports amending Minn. Stat. § 471 to decision-making functions performed by authorize cities to solicit charitable cities when setting city budgets to provide donations for the purpose of projects that city services. The League of Minnesota have generated community interest such Cities seeks authority for cities to charge as parks,trails, and community centers or fees that are reasonably related to the cost resources needed for city services. of providing the service,permit or license. The League opposes legislation that would SD-19. Improving and Increasing require specific methods to pay for city Access to Information services or would place caps on city fees. Issue: State law requires that cities publish SD-18. Fundraising Authority certain types of information in a"qualified" newspaper designated by the city. While the Issue: Recent years have seen an increase in requirements vary based on city population cities looking to find ways to accept size, most cities must publish ordinances donations for specific projects that before they can take effect; advertisements community members, non-profit for bids; various financial reports; meeting organizations, or businesses have interest in. and hearing notices; notices of elections; Though there is authority for cities to accept dates for filing affidavits of candidacy; and gifts under Minn. Stat. § 465.04, an opinion sample ballots. Collectively, these items are from the Office of the State Auditor has referred to as "official notices,"legal notices" stated that cities lack the authority to and"public notices"in state statute. fundraise. There are several requirements (Minn. Stat. § There are specific situations in which city 331A.02) for a newspaper to be a"qualified" personnel can solicit contributions. Under or"official"newspaper for the city. For Minn. Stat. § 465.90, firefighters are instance, there can only be one newspaper authorized to solicit charitable contributions chosen for the city; it must be printed in from motorists for a charitable organization. English in a newspaper format; if it is a daily Under Minn. Stat. § 471.198, a city may newspaper, it must be distributed at least five authorize officials and staff to solicit days each week; if not a daily paper, it may contributions for the purposes of funding be distributed twice a month with respect to National Night Out or any event or purpose the publishing of government public notices; that the governing body determines will it must be circulated in the city which it foster positive relationships between law purports to serve, and either have at least 400 enforcement and the community. copies regularly delivered to paying Many cities desire the ability to fundraise for subscribers or have at least 400 copies equipment for firefighter and EMS services, distributed without charge to local residents. libraries, or special projects such as parks and For cities under 1,300 population, the trails. Authorizing cities to more broadly delivery and distribution threshold is 250 solicit and accept charitable donations for copies. projects in which there is broad community 25 As the newspaper industry has been c) Use alternative means of challenged by alternative technologies, a communication to fulfill statutory growing number of cities are unable to find a requirements such as city newsletters, newspaper that meets the qualifications in cable television,video streaming, e- state statute. In addition, as technology has mail, blogs and city websites. evolved, people have become more d) Expand the use of summaries where accustomed to the instantaneous availability information is technical or lengthy. of online information. Because cities are committed to providing information to e) Publish and provide public access to residents and responding to this demand, they local codes of ordinances on a website have invested heavily in their websites and in accessible to the public and to post growing a robust online presence. They revisions and changes to city codes, survey residents about what method of resolutions, and rules on the city communication is preferred and based on website,when feasible. this, cities update, reform, evolve, and SD-20. Administrative Fines for advance communication tools and often, they do so with limited means and resources to Code Violations ensure residents have access to information Issue: Many statutory and home rule charter about their city. cities have implemented administrative Because of the publishing mandate outlined enforcement programs for violations of local in state statute, cities continue to publish in regulatory ordinances such as building codes, newspapers with limited resources while zoning codes, health codes, and public simultaneously providing information to nuisance ordinances. This use of residents in the format they actually demand administrative proceedings has kept online. These requirements originated in enforcement at the local level and reduced 1949 and to ensure the original intent of the pressure on over-burdened district court law—providing residents access to their local systems. Cities using administrative government—it is time to eliminate these enforcement processes experience a lower outdated requirements and make cost of enforcement and a quicker resolution communicating with residents more efficient. to code violations. Response: The Legislature should Minnesota statutes expressly provide the eliminate outdated and unnecessary authority for all cities to utilize publication requirements that are no administrative enforcement of local codes longer relevant or representative of the and enforcement of liquor license and technology we now have that has tobacco license violations. significantly increased access to In 2009, the Legislature amended Minn. Stat. government. Cities should have the ch. 169, the chapter of law pertaining to state authority to: traffic regulations, to allow cities and a) Determine whether web publication counties to issue administrative citations for should replace or supplement certain minor traffic offenses. Since the newspaper publication based on the passage of the 2009 administrative traffic unique needs of each community. citations law, some people have questioned whether administrative citations for non- b) Designate an appropriate publication traffic, liquor, and tobacco license code that reaches the maximum number of violations can be legally issued by statutory residents possible. 26 cities given that state law does not expressly alternatives as the Legislature did in 2009 by provide authority on other code matters. authorizing a design-build pilot program, Response: The League of Minnesota Cities would enhance the ability of cities to make continues to support the use of city appropriate and fiscally responsible administrative fines for local regulatory purchasing decisions. ordinances, such as building codes,zoning Response: The League of Minnesota Cities codes, health codes, public nuisance supports broader use of alternative ordinances, and regulatory matters that contracting and purchasing methods that are not duplicative of misdemeanor or streamline the process and reduce local higher-level state traffic and criminal purchasing costs. Specifically, the League offenses. The Legislature should clarify supports authorizing cities to use the that both statutory and home rules charter design-build procedure and providing cities have the authority to issue municipalities with broader authority, administrative citations for code similar to that of private businesses,to violations. Further, state statute should directly negotiate contracts. The allow statutory and home rule charter Legislature should establish a task force to cities to adjudicate administrative citations review municipal contracting laws, and and to assess a lien on properties for consider contracting and purchasing unpaid administrative fines. reforms that give cities the flexibility to SD-21. Contracting and Purchasing provide quality goods and services at the lowest cost to taxpayers. Issue: Minnesota statutes stipulate contracting and purchasing requirements for SD-22. City Enterprise Operations Minnesota cities. The law prescribes the Issue: Historically, city enterprise operations process political subdivisions must use to have been created in response to community make purchases and award contracts, and needs, lack of a private market, financial requires a competitive sealed bid procedure reporting requirements, state and federal for contracts or purchases over$175,000. mandates, to enforce state and local law, and The intent of these statutory requirements is to ensure a quality of life for the residents of to provide taxpayers with the best value for a community. Establishing an enterprise their dollar and ensure integrity in the operation allows a city to provide a desired process. However, imposing these statutory service while maintaining financial control requirements may, at times, result in political over service levels, costs, and public inputs. subdivisions paying more for goods and In some cases, enterprise operations produce services than private entities under the same general public benefits and may require circumstances. public support to ensure a desired level of The Legislature recognized the benefits service at a reasonable cost. The benefits of associated with alternative purchasing an enterprise operation, therefore, should be methods when it amended municipal evaluated not solely in terms of profitability contracting law in 2004 to authorize the use but also on the service benefits to residents of of reverse auctions to purchase supplies, the community. materials, and equipment. Similarly, other Response: The League of Minnesota Cities contracting procedures, including"design- supports the local decisions made by cities build" and direct negotiation are proven to deliver services by establishing a city alternatives to the formal bidding process. enterprise operation. The state should Authorizing broader use of these types of 27 refrain from infringing on the ability of a depend on their state legislators to represent city to provide services for its community. city interests at the Legislature. SD-23. Preservation of Order in City Additionally, unlike a statutory change, a Council Meetings constitutional amendment is difficult to modify or repeal once enacted. Issue: The Minnesota Supreme Court recently held a provision in Minn. Stat. § Response: The League of Minnesota Cities 609.72, subd. 1(2), that prohibits disturbing strongly supports our representational public meetings was unconstitutionally system of government and opposes laws broad. State v. Hensel, A15-0005 (Minn. and amendments that restrict local 2017). Minn. Stat. § 412.191 gives statutory government. The Legislature is the authority to city councils to preserve order appropriate governing body to consider and regulate procedure at their meetings. and enact laws that reflect statewide Cities rarely relied on the struck-down interests. Utilizing constitutional statute,but instead used other avenues to amendments to change public policy maintain order, such as issuing warnings and circumvents this process. enforcing decorum rules. The struck-down Therefore,the League supports requiring statute served as a last resort when other a supermajority vote (two-thirds in options did not work. support) by the Legislature to put an Response: The Legislature should ensure amendment on the ballot. statutes adequately balance public SD-25. Initiative and Referendum participation with the ability to effectively manage public meetings and protect Issue: The Legislature has frequently public safety. considered legislation to establish initiative and referendum by proposing to place a SD-24. Constitutional Amendments question for voter approval on the state Issue: The Minnesota Constitution requires general election ballot to amend the state that a constitutional amendment be approved constitution to allow voters to initiate or by a simple majority of both chambers of the repeal state laws by submitting a petition Legislature at one session, and must then be which would cause such questions to be ratified by a majority of all the voters voting placed on the state general election ballot. at the election. Minnesota is one of 18 states Response: Cities strongly support our that require a simple majority vote by representational system of governance legislators while 26 states require a higher and, therefore, oppose amending the state threshold(17 states require a two-thirds constitution to provide for initiative and majority and nine require a three-fifths referendum. The Legislature is the majority). Since statehood, 215 proposed appropriate governing body to consider constitutional amendments have been voted and enact public policy that reflects on by the electorate; 120 of them have been statewide interests. approved(56%) and 95 rejected(44%). The process of adopting state law based on Cities provide a variety of critical and good public policy is best upheld and essential services to residents of Minnesota. supported by increasing the accountability Many public policy decisions at the state and responsiveness of the legislative level impact cities and therefore, city officials process, not by circumventing it. Presenting complex issues to voters in the 28 guise of direct democracy further weakens d) Clarifying and maintaining the representative government. applicability of municipal immunity in A state constitutional amendment to various areas, including, but not provide for initiative and referendum limited to, vicarious official immunity subjects cities and their residents and and park and recreational immunity, taxpayers to the unintended outcomes of including the extension to entities sometimes unwise attempts to place providing a public service that have significant public policy decisions into the not traditionally been included within hands of special interests that can raise the immunity (e.g., state trails over unlimited funds for the purpose of municipal utility easements). promoting their more narrow interests. e) Preserving changes to Minnesota's SD-26. Civil Liability of Local joint and several liability laws that require a municipality to be at least 50 Governments percent at fault to be held responsible Issue: One of the barriers to the delivery of for 100 percent of a damage award. governmental services and programs is the f) Reasonable limits on the amount and exposure of local governments and their circumstances in which statutory officials to civil damage claims. The state has attorney fees may be awarded in order acted to protect itself and its local to encourage settlement by all parties governments by enacting exceptions and and decrease the likelihood of limitations to liability suits, and authorizing litigation. self-insurance and other mechanisms to deal with claims allowed by law. g) Preserving the essential structure of the local government tort liability caps Response: The League of Minnesota Cities in Minn. Stat. § 466.04. supports: SD-27. Private Property Rights and a) Creating an exception to municipal Takings tort indemnification law, Minn. Stat. § 466.07, where an employee is defended Issue: In the wake of the U.S. Supreme and indemnified for claims under a Court's 2005 decision,Kelo v. City of New contract of insurance carried by the London, 545 U.S. 469, which upheld the employee. ability of local governments to use eminent b) Extending the protection of the state domain for economic development purposes, the Legislature enacted significant and municipal Tort Claims Act to quasi-governmental entities when restrictions on cities' use of eminent domain performing public services such as for economic development and firefighting or licensed third-party redevelopment, and imposed new ambulance providers that contract compensation and procedural requirements with a municipality to provide that apply to all condemnation actions, ambulance services. including those for traditional public uses such as roads,parks, and schools. Legislation c) Existing constitutional safeguards for to control cities' abilities to perform protecting public and private property regulatory acts such as road rights-of-way interests without any statutory condemnation, shooting range zoning, and expansion of property rights. amortization has also received strong support from legislators. In addition, some 29 legislators would like to authorize businesses The League supports legislation that: to seek inverse condemnation when a a) Authorizes cities to use eminent governmental entity enters the business domain for economic development and market and provides competing goods or redevelopment projects that advance a services or limits the number of businesses that can operate privately or receive public greater public good that benefits the contracts. community. Such legislative initiatives threaten a wide b) Empowers local elected officials to array of planning, environmental, historic determine whether a particular taking preservation, and land conservation measures of property serves a public purpose. and undermine the fundamental c) Creates incentives to encourage responsibility of cities to protect the public landowners to voluntarily sell their health, safety, and welfare of its residents. property to the public for development In 2006, the Legislature enacted Minn. Stat. § or redevelopment. 117.031, a statute related to attorney fees in d) More appropriately balances awards of the eminent domain process. The structure of attorney fees and costs of litigation the statute has resulted in attorney fee awards with the outcome of the eminent in eminent domain actions that have no domain proceeding. relationship to the outcome of the case, serve SD-28. Organized Solid Waste only to encourage litigation, and shift limited Collection public funding away from infrastructure projects. Issue: "Organized collection"refers to a Response: State law must continue to situation where a local unit of government, provide cities with the tools needed to for any of a variety of reasons, decides that balance the rights of private property there is a public interest served by limiting owners with the interests of the public. the number of solid waste and recycling The League of Minnesota Cities opposes collection services available in the area. The legislation that diminishes the ability of reasons for implementing organized cities to act in the best interest of the collection can vary, but include: health, safety, and welfare of its residents; a) Public safety concerns caused by the that increases the cost of doing business number and frequency of large trucks for the public good; or that creates the moving quickly through residential possibility of additional lawsuits against neighborhoods; cities. b) Reducing wear on public infrastructure Specifically,the League opposes legislation from heavy truck traffic; that: c) Improving the efficiency, cost and quality a) Allows businesses to seek inverse of garbage and recycling service provided condemnation when a city provides to local residents; competing goods or services, or limits d) Cooperating with other local the number of private operators. governments to best meet solid waste b) Creates an automatic cause of action management and recycling objectives; for damages any time a local regulatory action impacts the use or e) Taking local steps to reduce energy reduces the value of private property. impacts of public services; and 30 f) Meeting the requirements of county government providing services at the lowest ordinances and solid waste management feasible cost to taxpayers. plans as required under Minn. Stat. § Response: The League of Minnesota Cities 115.94. opposes efforts to apply inverse condemnation claims to city solid waste Organized collection is also encouraged in contracting decisions or to allow automatic state solid waste policies as a means of contractual damage claims for solid waste improving the efficiency and coordination of haulers that lose competitive bids in solid waste management between local units organized collection communities. of government. There are very specific and Further, the League supports the current burdensome public procedures laid out in state policy that organized collection is a statute defining how such a decision must be valuable tool as part of a comprehensive publicly vetted and approved and over what solid waste and recycling management time period that can occur. program and recognizes the need to Despite all of these important and valid protect and preserve the authority of cities reasons for using organized collection, to adopt solid waste service contracts that legislation has been discussed in several protect public safety,the environment and recent sessions that would allow special public infrastructure. takings claims or contractual damages to be SD-29. Private Well Drilling claimed by the solid waste industry if local governments make decisions that limit the Issue: The state has continued to place number of companies that can collect requirements on public water supply garbage in a community in a manner that providers to add drinking water treatment and prevents a company currently operating in testing, to restrict the volume of water used, the community from continuing to do so and to increase the cost of water use through through the implementation of organized fees and requirements on utility rate collection. The unspecified and ongoing structures. As a result, many water users are liability this change would create would have choosing to obtain all or portions of their the effect of eliminating organized collection water from wells they place on their own as a waste management option. This change property. This creates risks to public health would also create a virtual monopoly and safety, can affect the surrounding situation for any company awarded a solid environment, can affect city water supplies, waste contract under organized collection. and can leave city water utilities with The local unit of government would have to massive losses of customer load and rate "buy out"a contractor in the future to change revenue. providers, even if their services were no Providing clean, safe, cost-efficient drinking longer the lowest bid. It also creates an water to residents is an essential service incentive for bidders under organized provided by 726 active municipal water collection to submit high bids, as they would be eligible for damages if they fail to win systems. The Minnesota Department of without having to provide service. Health(MDH) agrees that cities have the Furthermore, this is a precedent that, if statutory authority to determine whether applied to other government purchasing and private wells are an appropriate use within service contracting decisions, would clearly their boundaries and that cities must protect run counter to the public purpose of the public water supplies from numerous private wells in city boundaries. Private 31 wells in a city increase the risk of changes can, however,be restricted by contaminating public water supplies and policies and requirements imposed by other encourage over use of water. Cities have the levels of government. authority to regulate and even prohibit Sustainable development initiatives can cover private wells by local ordinance. a wide range of issues, but share the benefit Response: The League of Minnesota Cities of lessening the future environmental impacts supports current law that authorizes cities of communities on the land, air, and water in to protect public health and safety through their area. Lakes, streams, rivers, wetlands, local controls regulating or prohibiting wildlife habitat, shoreland areas, and other private wells being placed within natural resources can be protected and municipal water utility service boundaries enhanced in quality through local efforts. and would oppose any changes to law to Energy efficiency and renewable energy remove that authority. production reduce the energy demands of a SD-30. Sustainable Development community and the environmental impacts of energy production. By more efficiently using Issue: Minnesota cities spend significant public infrastructure and minimizing resource time and resources planning for growth, consumption, the costs to individuals, development, and redevelopment that will business, and government can be reduced. best serve the future needs of their residents. New and expanded business and job Numerous factors are considered as part of opportunities are also generated by the that process, but an area of increasing interest "green"products and services needed to involves concepts often categorized as implement sustainable development "sustainable development."Minn. Stat. § initiatives. The ideal result of well-planned 4A.07, subd. 1(b), defines this term, as it sustainability, natural resources management, pertains to local government, to mean and conservation efforts is a city that is more "development that maintains or enhances efficient in the use of its resources and economic opportunity and community well- infrastructure, creates fewer environmental being while protecting and restoring the problems for future generations to address, natural environment upon which people and and is a more desirable home for residents economies depend. Sustainable development and businesses. meets the needs of the present without Response: The League of Minnesota Cities compromising the ability of future supports federal, state, and regional generations to meet their own needs. efforts to promote sustainable Cities play a key role in fostering sustainable development where the effectiveness of the development and other conservation practices proposed practice is supported by sound due to their role in land use planning and science, and as long as those efforts do not zoning, stormwater and wastewater supersede the authority of local management, and local economic governments to determine their own development. Local governments can take a policies regarding land use and related lead on these issues by choosing to issues. incorporate aspects of sustainable Providing technical assistance and development into their local operations and financial incentives, streamlining facilities. They can also develop local regulations to encourage local policies and regulations that support and governments and private property owners guide individual and private sustainability to engage in sustainable development efforts. The ability of a city to affect these 32 practices, and providing education and f) Assisting and recognizing local information to the building industry and governments that take actions to the public are the best means to generate reduce greenhouse gas emissions and successful results. These programs should increase energy efficiency by providing focus on outcomes, allowing flexibility in and identifying technical assistance, how to best meet those outcomes in financial assistance, and best practices. different locations and situations. The League opposes mandates that limit the SD-31. Construction Codes authority of cities to determine what Issue: The State Building Code (SBC) is the practices will best meet the needs of their statewide standard for the construction, communities. reconstruction, alteration, and repair of the The League supports sustainable buildings and other structures of the type development efforts that meet the above governed by the code. A building code criteria, including programs proposed in provides many benefits, including uniformity the following areas: of construction standards in the building industry, consistency in code interpretation a) Shifting public resources, services, and enforcement, and life-safety guidance. investments, purchasing power, and Since 2018, the state will adopt a new version procurement toward more of the SBC every six years after a rulemaking economically and environmentally process that allows for significant public sustainable outcomes where those input. The League supports adopting and solutions are cost effective and amending the SBC through the rulemaking appropriate. process, and opposes legislative changes to b) Using local land-use planning and the building codes absent unusual or zoning to protect and enhance limited extraordinary circumstances. natural resources, and reduce the While all cities must enforce certain codes— impacts of growth and development on such as the accessibility code and the local infrastructure. bleacher safety code—enforcement of the c) Promoting efficient and renewable SBC remains a local option for cities outside energy sources. of the seven-county metropolitan area with fewer than 2,500 people that did not adopt d) Encouraging sustainable building the code before Jan. 1, 2008. Requiring design, construction, and operation enforcement of the SBC by smaller cities in strategies focused on integrated design, Greater Minnesota is cost-prohibitive for energy efficiency,water conservation, many cities, and would result in an unfunded stormwater management,waste mandated. reduction,pollution prevention,indoor environmental quality, and the use of While a single set of coordinated codes helps low-impact building materials and provide consistency in code administration products. and enforcement, implementation of sustainable building design, construction, and e) Supporting sustainable economic operation does not readily integrate with the development, such as brownfield clean- existing state building and energy code up, on-site stormwater management, system. As a result, many cities are interested and sustainable business practices and in adopting an advanced energy building technologies. standard beyond the base statewide commercial code for the construction, 33 reconstruction, and alteration of public and panelization and modular construction, it is private commercial buildings. An advanced important that certified building officials energy building standard would allow have training opportunities that address municipalities to require more energy inspection processes for new trends in efficient buildings, reducing the energy homebuilding. burden for building occupants and lowering The Department of Labor and Industry (DLI) overall greenhouse gas emissions. has authority over state-licensed facilities and Response: A statewide-enforced building public buildings. Pursuant to Minn. Stat. § code may have benefits, but requiring it 326B.106, subd. 2, it must delegate authority would result in an unfunded mandate. to inspect projects on these buildings to a Enforcing the State Building Code should municipality if DLI determines that the remain a local option for the municipality has adequate qualified local municipalities that have not already building officials to perform plan review or adopted the Code, unless the state fully inspection of the projects. In 2014 the funds the costs of enforcement and Legislature passed legislation requested by inspection services necessary to enforce a the League of Minnesota Cities and agreed to statewide building code. If the Legislature by DLI to provide more transparency and requires all cities to enforce the State clarity to the delegation process. DLI, after Building Code,local governments must consulting local governments and the have the option to hire or select a building League, implemented a new delegation official of their choice and set the procedure as required by statute. Although appropriate level of service—even if the the new delegation process is a significant state fully funds code enforcement improvement, it can still be difficult for local activities. building officials to achieve the experience necessary to be delegated full inspection The state should collaborate with local authority. governments, construction industry representatives, and other stakeholders to Response: Minnesota's housing and review the building and energy codes and construction industries depend on the consider modifications to encourage work of local building officials, and cities sustainable building design, construction, that enforce the State Building Code and operation. endeavor to provide quality code administration and enforcement. The SD-32. Building Officials State must increase its efforts to train new Issue: There is a shortage of certified building officials and must provide building officials in Minnesota. This shortage sufficient education to help local officials is particularly acute in Greater Minnesota efficiently administer and enforce where some cities have trouble finding construction regulations to protect the certified building officials to perform health and safety of residents. These inspections required by state law. Minnesota education efforts should include training to assist local building officials needs to hire a new generation of certified gain the building officials and must ensure that requisite experience to qualify for current officials have adequate training and delegation of state-licensed facilities and opportunity to inspect a wide range of public buildings. The Legislature should projects. In light of emerging technologies encourage the Minnesota Department of and offsite building methods such as Labor and Industry to provide training opportunities to ensure certified building 34 officials across the state have the skills and One district court judge has taken an expertise to provide onsite inspections of expansive view of disability access buildings constructed by new building requirements for public recreation facilities. methods such as panelization and modular The case involved a parent who sued a city construction. due to difficulty viewing soccer and baseball The League urges the state to make games on certain city fields. The court, in surplus revenue from the building permit interpreting the Minnesota Human Rights Act surcharge available to local governments (MHRA), held that any public facility is a to help defray the cost of complying with public service. Since the MHRA requires that code official training and education every public service be accessible to disabled requirements. persons, the court concluded that each and every playing field and other public facility SD-33. Disability Access must be fully accessible. The court rejected Requirements the ADA's limitations on modifications for physical access to older facilities, as well as Issue: Title II of the Americans with the ADA's "when viewed in its entirety" Disabilities Act(ADA) of 1990 requires that state and local governments provide people language for program access. The result is a more restrictive state standard for physical with disabilities equal opportunity to benefit access to public facilities than required by the from all of their programs, services, and ADA and the State Building Code. activities. Public entities are not required to take actions that would result in significant Response: The League of Minnesota Cities financial and administrative burdens,but they supports changes to the MHRA that will must modify policies,practices, and make state accessibility standards procedures to avoid discrimination unless compatible with the federal ADA for they can demonstrate that doing so would public services and facilities. The fundamentally alter the nature of the service, Legislature should clarify that a facility program, or activity being provided. that is in compliance with Accessibility Code provisions of the State Building Code State and local governments are also required meets the physical access requirements of to follow specific standards when the MHRA. State law should also specify constructing new facilities and altering that accessibility requirements apply to existing public buildings, and they must public programs and services as a whole, relocate programs or otherwise provide rather than to each individual aspect of a access in inaccessible older buildings. Under public program or service. the ADA,public entities are not necessarily required to make each existing facility SD-34. Assaults on Code accessible. However, their programs—when Enforcement Officials viewed in their entirety—must be readily accessible to people with disabilities. A Issue: Many city employees and contractors public entity may achieve program are required to enforce city codes and accessibility through various methods. For ordinances and state statutes and rules as part example, a city may alter existing facilities, of their job duties. Code enforcement can acquire or construct new facilities, relocate a involve denying a building permit, ordering a service or program to an accessible facility, landlord to make repairs to rental properties, or provide services at other accessible sites. or fining property owners for failing to abate a nuisance. Because of the nature of their job, code enforcement officials can be subjected 35 to verbal assaults, threats, and physical SD-35. Restrictions on Possession of violence. Firearms Minnesota law recognizes the need to protect Issue: The Minnesota Citizens Personal certain employees whose jobs make it more Protection Act, also known as "conceal-and- likely that they will be the target of assaults carry,"prohibits guns on most school by escalating assault charges from fifth to properties but forbids other local units of fourth degree for the assaults of peace government from prohibiting loaded firearms officers, firefighters, school officials, and on their properties. The inconsistencies in the "public employees with mandated duties". law's treatment of different kinds of Minn. Stat. § 609.2231, subd. 6, specifically properties have caused confusion about how defines "public employees with mandated the law applies to multi-use facilities, such as duties"as agricultural inspectors, municipal ice arenas used for school- occupational safety and health inspectors, sponsored programs. child protection workers, public health nurses, animal control officers, and probation Further, the law gives private property or parole officers. An assault on one of these owners the right to prohibit guns in their employees who is engaged in the establishments,but prohibits landowners performance of a duty mandated by law, from restricting firearm possession by tenants court order, or ordinance, is a gross and their guests without distinguishing misdemeanor if the person knows the between residential and commercial employee is engaged in the performance of properties. This creates confusion for official duties and inflicts demonstrable shopping malls and other retail properties bodily harm. with large common areas that are not occupied by the tenants but which the tenants Under current law, an assault on a code and their customers must cross to access the enforcement official not enumerated in Minn. tenant's space. Stat. § 609.2231, subd. 6, while performing official business can only be charged as fifth Finally, the Citizens Personal Protection Act degree assault, a misdemeanor,unless it does not explicitly state the type of firearm a results in substantial bodily harm. All code permit holder may carry, and this has led to enforcement officials should be afforded the ambiguity regarding whether the law is same protections under Minnesota Statutes, limited to the right to carry a pistol-length and the legislature should amend the statute firearm in public or if it allows for any to expand the employees covered by the firearm, including a military-style assault statute. rifle. Response: The legislature should expand Response: The League of Minnesota Cities Minn. Stat. § 609.2231, subd. 6,to include requests an amendment to the Citizens code enforcement officials. The term code Personal Protection Act that would allow enforcement official should be defined cities to prohibit firearms in city-owned broadly to include public employees and buildings, facilities, and parks. The League contractors whose jobs require them to supports clarifying the Act to state that a enforce all administrative codes, rules, permit holder, under the terms of a ordinances, and state laws. permit,is allowed to carry a pistol-length firearm,but not a semiautomatic military- style assault weapon. The League is not seeking a repeal of the Citizens Personal 36 Protection Act, nor authority to prohibit Administration(NTIA) and is responsible for legal weapons in parking lots or on city constructing a nationwide high-speed public streets and sidewalks. The League also safety wireless broadband network. supports efforts by commercial property Response: The League of Minnesota Cities owners to clarify that the prohibition on supports continued and increased state restricting possession by tenants and their guests applies only to residential rental financing of substantial local costs to participate in ARMER, including the property. acquisition and modernization of SD-36. Public Safety subscriber equipment, such as portable Communications and mobile radios required for ARMER users. The League also opposes efforts to Issue: The state role in financing public divert dedicated ARMER funds to the safety communications has important cost state's general fund. The Legislature implications for cities. The state needs to should fund regional cooperation and accept financial responsibility for use by partnerships for effective delivery of 911 cities of the state public safety radio service, training and use of ARMER. communications backbone. Cities have struggled to pay high expenses to participate The League also urges the FCC to in the 800 MHz statewide public safety continue to support availability of wireless system. spectrum necessary to expand channel capacity that allows local public safety In previous state budgets, the Legislature agencies to meet future needs of cities and turned to revenue sources upon which cities other local units of government. depend to cover costs to purchase and operate new communications technology and SD-37. Collateral Consequences and hardware for computer-aided dispatch, 911 Expungements public safety answering points (PSAPs), and Issue: Collateral consequences of criminal interoperable radio communications records have been discussed at the federal equipment and subsystems in order to finance and state levels for many years. Collateral the build-out of the state backbone for the consequences are adverse impacts on new system. As a result, fees were directed to fund revenue bond debt service used to housing, employment,professional licensure, complete the statewide build-out of the immigration, etc. They can impact successful reentry and rehabilitation of offenders. Allied Radio Matrix for Emergency Response (ARMER) and the cost of In 2023, legislation was enacted that requires operations of the state public safety radio automatic expungement of certain records communications backbone. from a person's criminal history, replacing At the federal level, the Federal the existing requirement that a person Communications Commission(FCC) has petition the court for an order expunging the ordered reservation of 700 MHz wireless record. These automatic expungement spectrum for a national interoperable provisions go into effect Jan. 1, 2025. broadband network to meet public safety Offenses that are considered violent or otherwise not subject to automatic communications needs. FirstNet was expungement in the new law will still require established in 2012 as an independent a petition and court order. authority within the National Telecommunications and Information Additionally, 2023 legislation requires automatic expungement of certain cannabis- 37 related records. Eligible felony level City officials are aware of the complex issues cannabis-related records will be reviewed by raised by the utilization of electronic record a Cannabis Expungement Board to determine keeping, data sharing, and access to records whether the records meet the criteria that identify data subjects. The League of identified for expungement. The cannabis Minnesota Cities recognizes that one of the law went into effect Aug. 1, 2023, and ongoing challenges with the integration of cannabis-related expungements are expected criminal and juvenile justice information is to be implemented mid-2024. meeting the requirements of the Minnesota Response: The League supports legislation Government Data Practices Act(MGDPA). addressing the collateral consequences of More than 500 cities operate police criminal records in a balanced manner departments. These departments vary that helps rehabilitated individuals dramatically in fiscal capacity, staffing succeed and ensures public safety and resources, and technical expertise. Further, victim interests are met. each municipal law enforcement agency has The interests of rehabilitated individuals unique operating procedures, strengths, and seeking expungement to live without the needs based on the community it serves. The stigma of an arrest or conviction record League knows the integration and security should be balanced with the public's access to criminal and juvenile justice interest in maintaining criminal histories information systems has a significant impact for future criminal investigations and to on municipal police business practices. make safe hiring, rental, and other Response: The League of Minnesota Cities decisions about individuals. The state supports continued efforts by the state to should monitor the impacts of changes integrate and make available criminal enacted in 2023 to expungement laws and justice information systems. This includes the legislature should make changes as efforts in key areas of funding, data necessary to balance the benefit to practices, collaborative relationships, individuals in providing automatic balancing privacy and public safety, and expungements and the interests of the addressing aging systems. The League also public and public safety. supports the Criminal and Juvenile Justice SD-38. Criminal and Juvenile Information Advisory Group, cooperation among legislators, law enforcement, Justice Information corrections agents, court officials, Issue: Criminal justice information prosecutors, community groups, and integration is about getting the right businesses that build public support for information into the hands of the right people criminal justice systems. at the right time and in the right place to To ensure compliance with the MGDPA, make key decisions throughout the criminal comprehensive guidelines and operational justice process. The integration of criminal practices should be implemented to justice information remains complex and safeguard access to and use of criminal multifaceted. It takes time and resources from and juvenile justice data. However, data all levels of government. Public safety is practices policies should not create new, compromised when there is a lack of unfunded mandates for local units of centralized, complete, and accurate criminal government or compromise the usefulness history data about individuals, incidents, and of criminal and juvenile justice systems by cases. creating unnecessary barriers. 38 SD-39. Pawn Shop Regulation and property in a regulated transaction with a Use of the Automated Property licensed pawnbroker or secondhand goods System (APS) dealer is public. Issue: Minn. Stat. ch. 325J enables licensure Original pawn and secondhand transactions for pawnbrokers and provides statewide reported to the APS carry a$1 fee, regardless minimum regulations for the pawn industry. of the number of items involved. All subsequent updates or corrections to Specifically, the law: transactions are processed without charge. a) Requires pawnbrokers to record all Contributing jurisdictions may also add transactions, including details of the item regulatory costs to the transaction fee. The pawned or sold, information about the total transaction fee is then typically assessed customer and the cost of the transaction. by the dealer to the customer. b) Requires pawnbrokers to maintain A bill that would weaken Minn. Stat. ch. records of all transactions for three years, 325J and restrict the use of the APS has been and to make records available upon introduced in the Minnesota Legislature. request to law enforcement agencies. Specifically, the legislation would forbid law enforcement agents from acquiring customer c) Allows pawnbrokers to charge a information from pawn and secondhand maximum monthly interest rate of 3 shops until they have probable cause to do so, percent of the principal amount loaned in and would eliminate the authority of local a transaction, plus a reasonable fee for units of government to more strictly regulate storage and services. pawn and secondhand dealers. The Automated Property System(APS) is a Response: The League of Minnesota Cities computerized system for tracking and supports the authority of cities to regulate monitoring pawn transactions. The purpose and license pawnbrokers, and opposes any of the APS is to provide a tool to verify legislation that would remove the compliance with Minn. Stat. ch. 325J, to help authority of local governments to enact identify and minimize illegal activity, to more restrictive regulations than currently recover stolen property, and to provide a exist in Minn. Stat. ch.325J. legitimate environment for consumers. Currently, almost 260 law enforcement The League supports the authority of cities agencies and over 190 stores in Minnesota to set licensing and transaction fees that and Wisconsin participate in the APS system enable them to recover their full as either a"query only" or"contributing" regulatory and enforcement expenses. member. The League supports cooperation between All access to and use of information in the law enforcement agencies and the pawn APS system is governed by the Minnesota industry that enhances the ability to Data Practices Act. Only authorized users identify illegal activity and recover stolen have access to the data. There is no public property. Access to transaction access to the data. Further, data that would information by law enforcement agencies reveal the identity of persons who are is vital to accomplishing this goal. Further, customers of a licensed pawnbroker or the sharing of information through the use secondhand goods dealer are private data on of the APS is a proactive way to prevent individuals and only used for law property and other crimes. enforcement purposes. Data describing the 39 SD-40. City Costs for Enforcing police, and/or ambulance services may be State and Local Laws dispatched to the scene of a traffic accident on an interstate highway involving victims Issue: Cities experience substantial costs from other cities or states. Although cities enforcing state and local laws, particularly can bill for some public safety services they those related to traffic, controlled substances, provide to non-residents, they have limited and incarceration of prisoners. The current authority to collect on unpaid bills. method in our criminal justice system of recovering costs for law enforcement and Cities have also found that auto insurance prosecution through fines is insufficient to policies vary when it comes to coverage for meet the costs incurred by local governments. emergency responses. Insurance companies Further, when a violator requests relief from of those responsible for accidents sometimes paying the full amount of the fine and deny payment for fire service. surcharge, the courts have been more inclined Additionally, municipal public safety to waive the fine than to reduce the personnel commonly respond to emergencies surcharge. When this occurs, the local units that require the provision of medical services. of government recover no costs even though The medical services provided by the city- the city has incurred expenses. employed first responders are part of a Response: The Legislature should review continuum of health care that is covered by this issue and adopt measures that provide insurance companies when provided by for complete reimbursement of the costs paramedics and other medical care providers; incurred by local governments in however, insurance policies vary when it enforcing state and local laws. Solutions comes to coverage for municipally provided that should be considered include: medical services. Insurance companies of those treated by municipal public safety a) Increasing fine amounts. personnel frequently deny payment for b) Removing or modifying county and emergency medical services when they are state surcharges that conflict with cost billed by a municipality. recovery principles. Thus, when a municipal public safety agency c) Requiring the courts to consider provides first response medical assistance, ordering restitution from the they commonly do so at the expense of local defendant to reimburse the costs of property taxpayers. enforcement and prosecution as part of Response: While emergency medical any sentence. responses are legitimate functions of d) Requiring that if a court reduces the municipal public safety departments,the amount paid by a violator, any costs of providing emergency medical care reduction should be made from the to individuals should be covered by surcharge and not the fine. insurance and not be borne exclusively by the community's taxpayers. Cities should SD-41. Compensation and have the authority to bill for the full cost Reimbursement for Public Safety of first responder medical services they Services provide and to collect on unpaid bills. Insurance companies should be required Issue: Municipal public safety personnel to reimburse local governments for the full often respond to emergencies involving non- cost of providing these emergency medical residents. For example, municipal fire, services. Finally, auto and homeowner's 40 insurance policies should be required to In 2009, the Legislature amended the statutes insure for the cost of emergency responses. to allow administrative fines to be issued for SD-42. Administrative Traffic certain minor traffic offenses. Cities report that the short list of offenses noted in that law Citations change does not adequately address the needs Issue: Cities have implemented of local law enforcement. Additional administrative enforcement programs for authority is necessary to allow law violations of local regulatory ordinances, enforcement officers to implement an such as building codes, zoning codes, health effective program to reduce violations. codes, and public nuisance ordinances. This Response: The League of Minnesota Cities use of administrative proceedings has kept continues to support the use of city enforcement at the local level and reduced administrative fines for local regulatory pressure on over-burdened district court ordinances, such as building codes,zoning systems. codes, health codes, public nuisance The Legislature has repeatedly increased the ordinances and regulatory matters that fine surcharge on district court cases to are not duplicative of misdemeanor or generate revenues for the state's general higher level state traffic and criminal fund. The surcharge—the amount paid over offenses. Cities should have the authority and above the fine—is now $75 per citation. to issue administrative citations for low- The growth in the surcharge has dramatically level moving and equipment violations increased the cost of citations and has caused that: 1)would otherwise result in some to question whether the total of the fine warnings, and 2) occur on roadways where and surcharge is disproportionate for minor the speed limit is 45 miles per hour or less. matters. To lower the amount imposed on If state leaders choose not to expand the their residents, a number of cities have list of administrative traffic offenses, they expanded their administrative programs to should then change the distribution of include some offenses traditionally heard in statutory violation fine revenues so that district court, such as minor traffic offenses. cities are adequately compensated for The increased state surcharges have not been enforcement and prosecution costs. used to assist local units of government with SD-43. Juveniles in Municipal Jails the growing costs of enforcement and prosecution. No matter which entity—city, Issue: Municipal jails have long served as county or state—issues a statutory citation, holding facilities for suspects who are being the violator pays between $115 and$127 for questioned and/or booked, and for those a minor speeding violation. Of this amount, awaiting transfer to a county jail or juvenile the city receives between $13 and $20, and detention facility. In 2012, the Minnesota the county receives just slightly more. Department of Corrections (DOC) issued a reinterpretation of an existing law to say that, Further, when a violator requests relief from "[W]here counties have secure juvenile paying the full amount of the fine and correctional facilities...juveniles are not surcharge, the courts have been more inclined allowed to be held in jail and/or municipal to waive the fine than to reduce the lock-ups for any length of time." surcharge. When this occurs, the local units of government recover no costs even though This interpretation is in conflict with a the city has incurred expenses. provision in Minn. Stat. § 260B.181, subd. 4, which provides that juveniles can be held in a 41 licensed juvenile facility for up to six hours. of e-citations and restructuring of state Many municipal jails, including those in mandated programs. counties where juvenile detention facilities Response: The League of Minnesota Cities exist, have been operating under the six-hour supports a statement by former Chief holding law. Justice Eric J. Magnuson that calls for "an Managers of municipal jails indicate the adequately funded, functioning justice reinterpretation of the law is contrary to system that resolves disputes promptly in common practice and presents significant order to ensure the rule of law, protect challenges for municipal law enforcement public safety and individual rights and personnel. promote a civil society." The League Response: The League of Minnesota Cities supports the use of technology to reduce supports a statutory clarification that costs and preserve services. The League would allow juveniles to be held for opposes any changes that would questioning and booking in licensed jail decriminalize local ordinances, petty facilities for up to six hours, regardless of misdemeanors or misdemeanor offenses, whether the county has a juvenile or that would make prosecution of these detention facility. crimes more difficult. SD-44. Justice System Funding SD-45. 21St Century Policing Issue: Over the past several years Issue: Published in May 2015, the Minnesota's justice system has operated President's Task Force on 21st Century under consecutive budget shortfalls. Public Policing Report makes multiple service windows are closed part of each week recommendations aimed at helping law in many courthouses. Delays in case filings, enforcement agencies and communities hearings and dispositions are building strengthen trust and collaboration, while throughout the state as staff and judges reducing crime by implementing the next struggle to keep up with caseloads. The phase of community-focused policing. The budget shortfalls limit the ability of the courts report contains recommendations related to to process cases pertaining to shoplifting, six key areas of law enforcement: trespassing, worthless checks, traffic and a) Building Trust and Legitimacy; ordinance violations,juvenile truancy, runaways and underage drinking, consumer b) Policy and Oversight; credit disputes, property-related and small c) Technology and Social Media; civil claims, and many other cases. Timely d) Community Policing and Crime processing of these cases is critical to Reduction; keeping communities safe and to preserving the quality of life residents expect. e) Training and Education; and The State Court Administrator has advocated f) Officer Safety and Wellness. for statutory changes that have resulted in Many Minnesota communities have efficiencies and cost savings while preserving embraced 21st Century Policing concepts, and core services. These changes involve municipal police departments throughout the consolidating services where practicable and state have adopted policies that align with using technology to reduce costs. They 21 st Century Policing principles. The include centralized payable processing, use Legislature and governor made progress toward advancing 21 st Century Policing 42 principles statewide by enacting the 2020 b) POST Board approved training Police Accountability Act. opportunities for new recruits and in- In Minnesota, police chiefs have indicated service peace officers that include but strong interest in securing additional training are not limited to procedural justice, in 21st Century Policing practices for officers. bias/implicit bias and cultural Demand for training has increased in recent awareness, de-escalation, and crisis years, and in 2017 the Legislature responded intervention training; by increasing continuing education c) Increased state and federal funding for requirements for officers, expanding the peace officer training that includes scope of this training to include more reimbursement for tuition,travel, time community policing, and by providing $6 and backfilling the shifts of officers million per year for training reimbursement who are out for training; provided by the Peace Officer Standards and d) Permanent funding for police training Training (POST) Board. This funding is not that is not based on criminal and permanent and sunsets in 2024. traffic ticket revenue; The POST Board is funded through a special e) State and federal funding for peace revenue account from a surcharge on officer safety and wellness initiatives; criminal and traffic convictions. However, a significant amount of the special revenues f) State policies, training and funding collected are diverted to the state's general that support co-responder programs to fund and are not made available for training enhance the safety and effectiveness of reimbursement, and the amount of the responses involving people with mental surcharge paid to the state has been illnesses; declining. There is also growing concern g) State policies, training and funding about the impact of the surcharge on that support non-traditional residents,particularly those of low income community based public safety and persons of color, and concern about programs; and funding policy training based on ticket revenue. h) Authority and grants for municipal police departments to deploy Response: The League of Minnesota Cities technologies such as dash cameras and recognizes the need for communities and police body worn cameras that law enforcement agencies to strengthen enhance both criminal justice and trust and collaboration,while continuing officer accountability. to reduce crime. The League supports the recommendations of the President's Task SD-46. Post-Incarceration Living Force on 21st Century Policing Report as Facilities well as the training, policy and Issue: Sufficient funding and oversight is accountability provisions contained in the needed to ensure that residents living in post- 2020 Police Accountability Act. To that end, the League supports• incarceration living facilities have • appropriate care and supervision, and that a) POST Board model policies that align neighborhoods are not disproportionately with the recommendations of the impacted by high concentrations of these President's Task Force on 21st types of facilities. Under current law, Century Policing Report and the 2020 operators of certain post-incarceration living Police Accountability Act; facilities are not required to notify cities 43 when they intend to purchase single family authorized in school settings and whether housing for these purposes. Cities do not SROs retain the authority to use reasonable have authority to regulate the locations of force as provided in Minn. Stat. § 609.06. post-incarceration living facilities. Cities Due to ambiguity in the law and potential have reasonable concerns about the safety of civil and criminal liability risks, some local facility residents and neighborhoods, law enforcement agencies suspended or particularly in cases of public safety. Cities terminated SRO contracts with school also have an interest in preserving a balance districts. in residential neighborhoods between this In response to conflicting legal type of facilities and other uses. It is in the interpretations of the new law, the attorney best interest of providers to inform and work general (AG) issued two opinions (AGOs), with cities before opening a facility in order the net practical effect of which is that SROs to educate providers of community standards may use reasonable force toward students to and expectations. carry out a duty that exists by virtue of law Response: Cities should have statutory but may not use force to enforce a school rule authority to require agencies, as well as or policy. Minn. Stat. § 8.07 provides that licensed and registered providers, that opinions of the AG on school matters are operate post-incarceration living facilities "decisive until the question involved shall be to notify the city before properties are decided otherwise by a court of competent operated. Cities should be provided with jurisdiction."Although the AGOs make the the necessary contact information once law more clear, it is possible that an AGO licensed or registered. Providers applying could be challenged in court, which could to operate post-incarceration living have legal consequences for SROs and their facilities should be required to contact the employers. city to be informed of applicable local Response: The League of Minnesota Cities regulations. The Legislature should also calls on the legislature and governor to require establishment of non- work with stakeholders including law concentration standards for post- enforcement, local government and incarceration living facilities to prevent education organizations to clarify laws clustering. Finally,licensing or registering pertaining to the authority SROs have in authorities must be responsible for schools. removing any residents incapable of living in such an environment,particularly if SD-48. Cybersecurity they become a danger to themselves or Issue: Dating back to at least 2012, U.S. others. Defense Secretaries have warned that the SD-47. School Resource Officers United States are increasingly vulnerable to Issue: Minn. Stat. Ch. 121A governs student foreign computer hackers who could rights, responsibilities, and behavior. In dismantle the nation's power grid, transportation system, financial networks and 2023, the legislature included provisions in government. On a state level, the Governor's the omnibus education bill amending this Task Force on Broadband issued chapter to limit the use of force toward recommendations regarding cybersecurity in students by school resource officers (SROs). their 2016, 2017, and 2018 annual reports. The amended law generated conflicting legal After consistent recommendation by the interpretations and created ambiguity for Broadband Task Force, a Legislative SROs around when use of certain restraints is Commission on Cybersecurity was 44 established in 2021 to provide oversight of directing funding priorities for local the state's cybersecurity measures and review government cybersecurity efforts; and make policy recommendations to state b) Ensure that any grant program agencies and the legislature to strengthen the administered by Minnesota IT state's cybersecurity infrastructure. balances the unique needs of smaller However, many of the commission and task less-resourced cities and larger cities force recommendations have not yet been and base cybersecurity funding implemented, which creates cybersecurity opportunities on locally identified vulnerabilities especially at the local level as needs; many communities lack the necessary tools and capabilities needed to protect their c) Avoid unfunded mandates related to systems. The problem is serious. Each month data notification breaches by ensuring Minnesota IT Services defends against proactive discussions with lawmakers roughly 27,000 phishing emails and and state leaders regarding messages across all state agencies and several cybersecurity awareness, prevention, cities and counties have been recent targets of remediation and breach notification ransomware attacks as local governments SD-49. Legalization of Fireworks continue to remain particularly vulnerable to cyberattacks. The passage of the federal Issue: In 2002, the state enacted a law Infrastructure Investment and Jobs Act of allowing the sale and use of non-aerial, non- 2021 provided additional federal resources to explosive consumer fireworks, including Minnesota to better prepare the state's sparklers, party poppers, snakes, and other preparedness and response to future novelty items—relaxing the ban on consumer cyberattacks. However, even with additional fireworks in place in Minnesota since 1941. federal resources, many cities across the state In 2008, the Legislature further relaxed the remain vulnerable to cyberattack and are in ban by increasing the amount of explosive need of hardware and software support. material allowed in legal fireworks. Response: The League of Minnesota Cities Local fire service professionals have reported supports state action to identify and that consumers and law enforcement strengthen state and local capabilities. The personnel have had difficulty distinguishing League supports the inclusion of funding between legal and illegal fireworks, and that to evaluate state government cyber the 2002 law resulted in greater use in vulnerabilities, single points of failure, and Minnesota of illegal fireworks purchased in fixes, and, based on those findings, create other states. an ability for municipal governments to According to data provided by the Minnesota apply for grant funding or assistance to State Fire Marshal Division, injury trends help conduct the same evaluation. and dollar losses related to fireworks Additionally, state and federal incidents surged after the consumer fireworks policymakers should: ban was lifted. Hospital reports reveal that a) Seek municipal government input on the annual number of injuries caused by any direction of state or federal fireworks rose dramatically in 2002 and funding that seeks to address remains elevated. Likewise, Minnesota Fire cybersecurity preparedness and Incident Reporting System records show that response and ensure city government the annual dollar loss resulting from participation in any task force or fireworks incidents increased significantly in planning committee tasked with 2002 and has since grown. 45 In 2003, the state enacted a number of SD-50. Traffic Enforcement provisions limiting local authority pertaining Cameras to fireworks sales. The 2003 law caps the allowable municipal permit fee at $100 per Issue: Drivers who disobey traffic laws can vendor selling fireworks with other products, cause serious traffic accidents and contribute and $350 per vendor selling fireworks to gridlock. In spite of the severity of this exclusively. The law restricts cities from problem, cities cannot always afford the requiring fireworks sellers to purchase levels of peace officer enforcement that additional liability insurance. Finally, the residents demand. The technology exists to 2003 law states that cities cannot prohibit or enforce traffic laws with photographic restrict the display of consumer fireworks if evidence. For example, there is less running the display and structure comply with of red lights when motions imaging recording National Fire Protection Association(NFPA) systems (MIRS) are installed at traffic Standard 1124. The NFPA is a private signals. international association of individuals and Response: Local law enforcement agencies trade and professional organizations. (NFPA should have the express authority to use Standard 1124 is not a public document and photo enforcement technology to enforce is available only for a fee.) traffic laws. Sworn and non-sworn local Fireworks products can cause serious injuries law enforcement officers should have the and fire loss. The legal sale of consumer express authority to issue citations for fireworks undermines fire prevention efforts. traffic violations by mail where the The sale and use of consumer fireworks violation is detected with photographic increase local public safety enforcement, evidence. emergency response, and fire-suppression SD-51. Operation of Motorized Foot costs. Scooters Response: The League of Minnesota Cities opposes legislation that would further Issue: Current state statute (Minn. Stat. § relax the ban on the sale and use of 169.225) regulates the operation of motorized consumer fireworks. The League supports foot scooters and treats motorized foot a repeal of the 20021aw that relaxes the scooters similar to bicycles in terms of rights ban on the sale and use of consumer and duties. By statutory definition(Minn. Stat. § 169.011, subd. 46), motorized foot fireworks. scooters must be powered by an engine or Fees are needed to cover the costs motor that is limited to a maximum speed of associated with compliance checks, 15 miles per hour. The law provides that an education, and inspections relating to the operator must be 12 years of age or older. sale of a regulated product. The current Although the law contains safety provisions, fee caps do not allow cities to recover these including a requirement that operators under costs. The League supports allowing cities the age of 18 must wear helmets, it does not to establish and impose reasonable fees on require training or permits for operators of retailers that sell fireworks. The League any age. opposes restrictions on requiring Motorized foot scooters that are part of fireworks retailers to purchase additional liability insurance. Finally, the League organized sharing or rental businesses rely on seeks repeal of the NFPA reference. the ability to park in the public right-of-way, especially on public sidewalks, to facilitate customer access and vending. Cities have 46 express authority to regulate parking on city safety difference with their similar urban streets and sidewalks. Local government road speed capabilities. units should also have clear authority to Response: The League of Minnesota Cities regulate or proscribe unauthorized use of city supports modifying state statute to include right-of-way for motorized foot scooter the same driver's license or motorized parking, to require a permit or license for bicycle/electric assisted bicycle permit for each scooter or sharing company, and to ebikes as it currently does for motorized include terms and conditions dictated by the bicycles. The required permit training granting authority. should advance ebike rider safety. Ebike In order to protect public health, safety and riders under 18 should be required to welfare, it is important that cities have clear wear protective headgear just as is authority to regulate motorized foot scooter currently required for motorized bicycle parking and sharing options. riders. The minimum age for both ebike Response: State law should support the and motorized bicycle operation should ability of local governments to regulate or remain 15 years old. No passengers should proscribe unauthorized use of city right- be allowed on an ebike unless it was of-way for motorized foot scooter parking, originally designed to safely carry more than one rider. Providing law officers to require a permit or license authorizing with motorized foot scooter parking or sharing better options for reasonable suspicion in the public right-of-way, and to impose stops and violation citations will help to terms, conditions, and local rules on prevent accidents and tragedies. businesses seeking such a permit or SD-53. Copper Wire Theft license. Prevention SD-52. Operation of Electric Issue: The high cost of copper has led to an Assisted Bicycles increase in copper wire thefts from private Issue: Minn. Stat. § 169.222 treats electric property as well as streetlights, signal lights assisted bicycles, or ebikes, as defined in and other public infrastructure. Stolen copper Minn. Stat. § 169.011, subd. 27, with wire is sold to businesses that profit from maximum capable speeds up to 28 miles per selling recycled metal. Copper wire thefts hour similarly to bicycles in terms of rights compromise public safety by disabling and duties. The law provides limited local streetlights and traffic signals. The cost to control and prohibits any person under the repair and replace infrastructure damaged by age of 15 from operating them. Conversely, copper wire thefts is borne by taxpayers. Minn. Stat. § 169.223 and 171.02, subd. 3, Response: The League of Minnesota Cities require a driver's license or motorized supports efforts to curtail the theft of bicycle permit to operate motorized bicycles, copper wire from public infrastructure which are defined in in Minn. Stat. § and private property. The League 169.011, subd. 45, as having maximum supports increasing penalties for copper capable speeds of 30 miles per hour. wire theft that results in damage to public With the advancements in ebike technology property and calls for statutory changes to provide similar maximum speeds as that prevent metal recycling businesses motorized bicycles the differences between from purchasing and reselling stolen the two are semantic and there is no public copper. 47 SD-54. Drug Courts under current state statutes it is not a crime to Issue: The League of Minnesota Cities sell or possess drug paraphernalia, and possession of drug paraphernalia containing a recognizes the impact of substance abuse on residual amount of one or more mixtures of individuals, communities and taxpayers. controlled substances is exempted from the According to the National Council on definition of drug possession. The definition Alcoholism and Drug Dependence, the of"drug paraphernalia" does not include relationship between alcohol and drugs and hypodermic syringes or needles or any crimes--including domestic abuse and instrument or implement which can be violence, underage drinking, robbery, assault adapted for subcutaneous injection. The laws and sexual assault--is clearly documented. pertaining to the sale of drug paraphernalia The National Center on Addiction and conflict with some previously adopted local Substance Abuse reports 65 percent of the ordinances, and the decriminalization of nation's inmates meet certain medical criteria possession of drug paraphernalia may create for substance abuse and addiction, but only unintended consequences for law 11 percent received treatment for their enforcement. addictions. Response: The League of Minnesota Cities Drug courts are an effective problem-solving supports a requirement for the approach for dealing with alcohol and other Department of Public Safety to collect data drug addicted offenders in the judicial during the implementation of the 2023 system. Drug courts closely monitor the changes to drug paraphernalia laws. If the defendant's progress toward sobriety and laws are shown to have unintended public recovery through ongoing treatment, frequent safety consequences, the League supports drug testing, regular mandatory check-in passage of legislation that would limit the court appearances, and the use of a range of sale and possession of drug paraphernalia. immediate sanctions and incentives to foster behavior change. SD-56. Regulation of Massage In drug court,judges collaborate with other Therapists traditional court participants (prosecutors, Issue: The state does not currently license defense counsel, treatment providers, nor register massage therapists. Minn. Stat. probation officers, law enforcement, ch. 146A is the Complementary and educational and vocational experts, Alternative Health Care Practices Act which community leaders and others), whose roles identifies prohibited provider conduct and have been substantially modified,but not authorizes the Minnesota Department of relinquished, in the interest of helping Health to take disciplinary action against defendants deal with addiction. noncompliant providers who are not Response: The League of Minnesota Cities registered or licensed by a health-related supports the efforts of drug courts to licensing board. The office has authority to address substance abuse and reduce crime. respond to allegations of prohibited behavior The League supports funding for through an investigatory process but this additional drug courts. function is triggered mainly by consumer complaints and there is no requirement that SD-55. Drug Paraphernalia the office take any action. Additionally, Issue: In 2023 the legislature modified resources for these purposes have been several provisions pertaining to the sale and severely limited. possession of drug paraphernalia. As a result, 48 In absence of any required statewide pertaining to the practice of massage standards or regulation, several cities have therapy that accomplishes the following: entered the traditional state domain of health- a) Helps cities establish legitimacy of care licensure by enacting ordinances that providers and businesses applying for require all massage therapists to obtain a a local license to practice, including local professional license and many cities allowing local law enforcement have also required bricks and mortar agencies access to national criminal establishments to obtain a business license. history databases. These ordinances help local law enforcement officers to differentiate between legitimate b) Prevents individuals from conducting providers and businesses engaged in sex criminal activities such as prostitution trafficking and prostitution as well as provide and sex trafficking out of for health and sanitation standards. establishments operating as massage City staff and law enforcement have spent therapy facilities. much time and resources conducting c) Improves provider compliance with statewide criminal background checks; Minn. Stat. ch. 146A and requires the investigating massage therapist accreditation state to take action in response to programs to determine legitimacy and noncompliance. credibility; and inspecting and monitoring d) Protects the public from injury and establishments due to resident complaints and from other conditions that may result concerns. This has resulted in different in harm. procedures, requirements and fee structures across the state. Despite the thorough work of SD-57. Regulation of Adult-Use city staff and law enforcement, when an Cannabis and Cannabinoid illegitimate business suspects investigation, it Products will often close down and re-open in a different city. Without any sort of statewide Issue: The 2023 legislative session enacted database of these businesses, one city's legislation making Minnesota the 23rd state solution may become another city's problem. across the country to legalize adult-use cannabis. The new law, ch. 342, created a Additionally, local law enforcement agencies statewide regulatory framework for adult-use do not have access to national criminal cannabis establishing state-issued licenses for history data. This has allowed those with the industry from seed to sale. The law also criminal convictions in other states related to expunged certain prior convictions related to sex trafficking and prostitution to obtain cannabis, implemented a tax on cannabis and massage therapy business and/or professional cannabinoid products including a Local licenses in cities in Minnesota. Allowing Government Cannabis Aid fund, and updated access to this information could help cities criminal penalties related to cannabis. prevent sex trafficking across state lines. The regulatory structure includes local Response: The League of Minnesota Cities regulation, with cities responsible for supports the statewide registration or registering certain cannabis businesses that licensure of massage therapists that would are licensed by the state and conducting not pre-empt the ability of cities to compliance checks. The law requires regulate massage therapy establishments. businesses to comply with local zoning The League also supports legislation ordinances, authorizes cities to implement license limits, and authorizes cities to 49 implement ordinances to establish a petty Local Government Cannabis Aid fund misdemeanor for public use of cannabis and to ensure adequate funding for local cannabinoid products. These authorizations governments to respond to challenges aside, cities have very limited discretion in resulting from the cannabis industry. the regulation of the industry. c) Legislation should increase, and at a In addition to the adult-use cannabis market, minimum maintain, any discretion and cities continue to navigate the regulation of local control granted to cities in cannabinoid products legalized by the 2022 current legislation. legislative session under chapter. § 151.72. d) The League opposes any proposals to As the Office of Cannabis Management is diminish local control related to the created and rulemaking is conducted, cities cannabis industry. have continued to implement local licenses SD-58. Lawful Gambling and Local for the products. Control Finally, the new law authorizes cities to Issue: As part of the 2009 reforms to lawful impose an interim ordinance to study the gambling statutes, some local control was issue and restrict, regulate, and prohibit removed from the lawful gambling process. cannabis businesses until January 1, 2025. Previously, the lawful gambling licensee However, estimates from state agencies and would have to obtain the city council's the rulemaking timeline established by law approval as part of its application to renew indicates that final rules will not be available the organization's premises permit (some until early 2025. The authority to conduct an forms of lawful gambling require obtaining interim ordinance study should better align an organizational license and a premises with the establishment of rules for the new permit(s) from the state). This step was law to allow cities to properly study the issue. removed when the state established a Many questions remain for what is to be seen perpetual organizational license and premises from the Office of Cannabis Management permitting system. Because these licenses and the cannabis industry as it is established. and permits are issued by the state,under the Cities will be a critical component of the current system a city's authority over these regulation and enforcement of this industry. licensees is limited to: 1) approval of the Response: In any future legislation,the initial premises permit; and 2) enforcement following should be considered• of the city's lawful gambling ordinance. • Some city officials have concerns that a) The timeline authorized for interim gambling organizations will be more apt to ordinances to conduct studies on the ignore local regulations (such as spending the adult-use cannabis industry should be required percentage of lawful gambling extended to better align with the expenditures in the city's trade area) if they conclusion of rulemaking for ch. 342 to don't need the city's approval for the renewal provide adequate time for cities to of their state-issued premises permits. study the rules once adopted. Response: The licensee should be required b) Any legislation considered should be to obtain local approval on an annual responsive to the needs of cities as they basis, or at longer intervals as determined arise from the implementation of this by the city, and file the resolution of local industry, including evaluating and approval with the Gambling Control potentially increasing the Board. appropriation provided through the 50 SD-59. Liquor Liability Insurance community centers that are not clearly named Limits in this statute but would like to obtain a liquor license. Several cities have received Issue: Minn. Stat. § 340A.409 requires that special legislation allowing their "no retail license may be issued, maintained municipalities to issue on-sale liquor or wine or renewed unless the applicant demonstrates licenses to these types of entities. However, proof of financial responsibility with regard this process interferes with the ability of to liability imposed by Minn. Stat. § municipalities to respond expeditiously to 340A.801"relating to the sale of alcoholic innovative business models, control the beverages. The minimum limits of liability placement and operating manner of these currently in statute require $50,000 of entities, and limits municipalities from coverage because of bodily injury to any one providing licenses for businesses that would person in any one occurrence, $100,000 generate local tourism and revenue. because of bodily injury to two or more persons in any one occurrence, $10,000 Response: The Legislature should because of injury to or destruction of modernize and expand the list of property of others in any one occurrence, establishments in Minn. Stat. § 340A.404 $50,000 for loss of means of support of any to which municipalities are authorized to one person in any one occurrence, $100,000 issue on-sale liquor or wine licenses, for loss of means of support of two or more subject to restrictions imposed by the persons in any one occurrence, $50,000 for municipality, to allow for innovative other pecuniary loss of any one person in any business models and economic one occurrence, and$100,000 for other development within their jurisdiction. pecuniary loss of two or more persons in any SD-61. Liquor Licensing of Non- one occurrence. These limits have not been Contiguous Spaces updated since at least 1985 and would provide very little relief to persons impacted Issue: During the COVID-19 outbreak, by an intoxicated person. While cities can restaurants and bars were able to open at choose to require higher limits of liability limited capacity for in-person service with than required by statute, it may create spacing requirements between tables both competitive imbalance between communities inside and outside. To provide opportunities if the limits are not consistent. for businesses to open and serve the public, Response: The minimum limits in Minn. many cities allowed for non-contiguous Stat. § 340A.409 should be increased to spacing of tables outside despite $500,000 per occurrence with a $500,000 requirements outlined in Minn. Stat. § 340A.410, subd 7. This allowed customers to annual aggregate. go to restaurants and bars and remain outside, SD-60. On-Sale Liquor or Wine which had been deemed preferable to dining Licenses indoors in mitigating the risk of exposure to the virus. This model proved to be successful Issue: Minn. Stat. § 340A.404 defines the for many businesses and enjoyed by establishments to which a city may issue an residents. Cities would like to respond to on-sale intoxicating liquor license. Every customer and business expectations and year cities see local businesses and continue being authorized to issue licenses to organizations with innovative models for non-contiguous spaces. event centers, food halls, arenas, boutiques, museums, art spaces, and cultural or 51 Response: The increased flexibility during SD-63. Youth Access to Alcohol and the COVID-19 pandemic allowed Tobacco businesses and cities to partner in response to the pandemic and city residents have Issue: To promote public safety and public enjoyed increased seating options. The health, cities have an interest in preventing League of Minnesota Cities supports youth from obtaining alcohol and tobacco. amending Minn. Stat. § 340A.410 to allow For example, the Minnesota Department of for licensing of spaces that are not Health reports that 80 percent of adult compact and contiguous during and after smokers had their first cigarette before the the pandemic. age of 18; reducing youth tobacco use may help prevent adverse impacts of tobacco in SD-62. Wine and Off-Sale Licenses the future. To this end, many cities operate Issue: Minn. Stat. ch. 340A authorizes cities compliance check programs in an effort to to issue liquor licenses to various discern the current level of youth access and establishments within their jurisdictions, but to reduce youth access. Statewide, a number in virtually all cases, the license issued by the of cities have created community city is not valid until the state approves it. partnerships with their court systems, local This is true for such commonly issued businesses, and school districts to quickly licenses as wine, off-sale intoxicating liquor address problems associated with youth and temporary on-sale intoxicating liquor access to alcohol and tobacco. licenses. The result is extra time spent for Response: The League of Minnesota Cities city staff, as well as a time-based commercial opposes any proposal that could result in impact to the business pursuing the original increased risks of youth access to alcohol license. and tobacco products and supports Additionally, if a business applies for an on- statutory changes that assist in reducing sale wine license, the state may choose to youth access to alcohol and tobacco conduct an inspection of the business further products. The League supports locally- delaying approval of the license and full determined alcohol compliance check operation of the establishment. This programs,but any state mandate for inspection is often in addition to a city alcohol compliance checks should come certificate of occupancy inspection and a with state-supported funding initiatives to county health inspection. support these locally-determined compliance efforts. The Legislature should Response: The Legislature should remove consider a grant program supporting the requirement of approval by the locally-based community partnerships that commissioner for city-issued liquor can quickly and effectively respond to licenses and simply require cities to notify youth access problems. the state of newly issued and renewed licenses as is already the case for SD-64. Consumer Small Loans intoxicating on-sale liquor licenses and all Issue: Consumer small loans, also known as 3.2-liquor licenses. If the state requires an "payday loans," are short-term cash loans inspection to certify an on-sale wine based on the borrower's personal check held license,this should be delegated to either for future deposit or on electronic access to the city or county to be conducted at the the borrower's bank account. Borrowers write same time as other inspections. This will a personal check for the amount borrowed expedite the process for both the state and plus the finance charge and receive cash. In the business. 52 some cases, borrowers sign over electronic establishments by the Minnesota Department access to their bank accounts to receive and of Health(MDH) or by local jurisdictions repay payday loans. Lenders hold the checks pursuant to an MDH delegation agreement. until the borrower's next payday when loans Food trucks are prohibited from operating in and the finance charge must be paid in one the same location for more than 21 days lump sum. without approval of the regulatory authority. Consumer small loans are typically predatory In 2015, the Legislature authorized the Board in nature. According to Debt.org, an of Cosmetologist Examiners to adopt rules organization dedicated to helping consumers governing the licensure, operation and understand and overcome debt, predatory inspection of"Mobile Salons"which are lenders typically target minorities, the poor, operated in a mobile vehicle or mobile the elderly and the less educated. They also structure for exclusive use to offer personal prey on people who need immediate cash for services defined in Minn. Stat. § 155A.23, emergencies such as paying medical bills, subd. 3. The rules must prohibit mobile making a home repair or car payment. These salons from violating reasonable municipal lenders also target borrowers that do not restrictions on time and place of operation of qualify for conventional loans or lines of a mobile salon within its jurisdiction, and credit due to credit problems or shall establish penalties, up to and including unemployment. revocation of a license, for repeated Response: The League of Minnesota Cities violations of municipal laws. seeks statewide legislation that would Response: It is appropriate for mobile protect consumer small loan borrowers businesses to be licensed by the state or its against predatory lending practices. Also, designees in the same manner as non- cities should have explicit authority to mobile business establishments. Such state regulate consumer small loan conditions regulation must not preempt the ability of including the ability to cap finance charges local governments to enact reasonable time and interest rates. and place restrictions on the operation of SD-65. Regulation of Mobile mobile businesses within their jurisdictions. Businesses SD-66. Regulation of Party Buses Issue: The transient nature of mobile businesses presents unique challenges to and Boats-for-Hire traditional city zoning and permitting and Issue: A party bus (also known as a party may create an unfair competitive advantage ride, limo bus, limousine bus,party van, or over traditional businesses that pay property luxury bus) is a large motor vehicle usually taxes and generate income for a city. Cities derived from a conventional (school)bus or also make significant investments in the coach, but modified and designed to carry 8 development of retail districts and or more people for recreational purposes. In downtowns and have a strong interest in Minnesota, these vehicles are regulated by maintaining a level playing field for brick default under Minn. Stat. ch. 221 (the chapter and mortar establishments. of law dealing with motor carriers) and Minnesota has seen a sharp increase in the registered by the Minnesota Dept. of number of food trucks (Mobile Food Units) Transportation's (MnDOT's) Office of operating throughout the state. Food trucks Freight and Commercial Vehicle Operations. are licensed as food and beverage service The regulations require operators to carry 53 commercial insurance, have an annual and liability related to illegal activities that vehicle inspection and be registered with the occur in party buses and on boats-for-hire. state. Party bus drivers are required to hold a Response: The League of Minnesota Cities current commercial driver's license (CDL) supports changes to state statutes that issued through the Minnesota Dept. of Public would help reduce criminal activities Safety's Driver and Vehicle Services taking place on party buses and boats-for- Division. hire. Specifically,the League supports: A boat-for-hire is a watercraft used by a) Creation of statutory definitions of owners and operators to carry passengers for "party bus" and "boat-for-hire" that hire. Minn. Stat. § 326B.94 and Minn. Rules contain permissible uses of the 5225.6000 through 5225.7200 govern the vehicles; requirements of boat owners and operators carrying passengers for hire on Minnesota's b) Prohibition on offering or allowing inland waters. These vessels must have a "adult entertainment" as defined by permit to carry passengers for hire. They Minn. Stat. § 617.242, "sexual must have an annual safety inspection and a conduct" as defined by Minn. Stat. § dry-dock inspection performed by Minnesota 617.241, or "nudity" as defined by Department of Labor and Industry boiler Minn. Stat. § 617.292, subd. 3, on party inspection personnel once every three years buses and boats-for-hire; (or annually if the hull is made of wood). c) Explicit authority for peace officers to The vessels must also be operated by a investigate suspicious activities on licensed master and must follow all party buses and boats-for-hire and to Minnesota Dept. of Natural Resources' cite individuals on board who are boating and water recreation regulations. involved in illegal activities; and Party buses and boats-for-hire are sometimes d) Requiring the appropriate authority to chartered for celebrations such as weddings, utilize existing authority to impose proms, bachelor and bachelorette parties, fines, or to deny, suspend, or revoke birthdays and tours. Party buses are also permits or registration certificates held popular for round trips to casinos and by operators found to have adult sporting events, and personalized drop-offs entertainment, drug, or underage and pick-ups at various bars and nightclubs. consumption violations. Additionally, both party buses and boats-for- hire have become popular settings for adult SD-67. Environmental Protection entertainment. Issue: Cities demonstrate strong stewardship Cities have seen a sharp increase in the for the protection and preservation of the number of party buses and boats-for-hire environment. Minnesota municipalities have being used as venues for illegal activities historically been the leading funding source such as underage drinking, drug use and sex for environmental protection and trafficking. The transient nature of party improvements. Municipal efforts include buses and boats-for-hire presents unique environmental protection through wastewater challenges to traditional city zoning, treatment, wetland restorations, stormwater permitting and law enforcement. While state treatment,public utility emission reductions, laws regulate requirements for the operation brownfield cleanup, safe drinking water of party buses and boats-for-hire, the law is programs, as well as others. silent on enforcement, penalties, inspection 54 At some point, however, the diminishing or water quality. These factors make the nonexistent environmental benefit received state general fund an appropriate source from additional efforts is fiscally for significant portions of state water irresponsible. The programs are often program funding. improperly designed to meet their stated f) Third-party environmental advocacy goals. Additionally, the absence of funding groups create significant hardships on by the state and federal government has cities by threatening litigation even when removed an essential restraining feature in the best science available may not program design and implementation. support the groups' positions. Agencies are less accountable to the governments that mandate environmental g) Cities are often required to pay the cost of programs when they do not have to find the removing problem materials from the money to implement the programs. waste stream, rather than preventing the Specific problems faced by cities include: problem at the consumer product or manufacturing level. a) New programs or standards are Response: Alternative wastewater continually adopted without regard to the treatment and cooperative service systems existence, attainability or cost of existing should be prohibited from operating in programs and standards. areas that can reasonably and effectively b) Regulatory bodies fail to consistently use be served by existing municipal systems, the best science available and the most unless: current and accurate data when a) The municipal system is proven to be establishing water quality standards. substantially less cost-effective and c) Regulatory bodies impose new permit substantially less beneficial to the requirements without going through environment; and rulemaking. Instead, the agencies rely on b) The operation of these systems will not internal documents,program strategies, create a stranded public investment in and"best professional judgment of staff' the existing system. when setting permit criteria. d) Regulatory bodies approve permits and Sufficient state and federal financial programs that compete with traditional assistance should be provided to local municipal services and encourage urban governments when complying with state sprawl. This behavior puts at risk the and federal infrastructure requirements, public investments and growth particularly with regard to wastewater, management efforts cities have made stormwater, and drinking water facilities. when planning for future development. The Minnesota Pollution Control Agency e) Permit fees and other cost-transfer (MPCA) should streamline its permitting elements of federal and state programs do and re-issuing processes to allow for effluent standards and permit not provide an incentive for requirements to be known earlier,thereby environmental agency efficiency, policy giving communities more time to defend prioritization or risk assessment. against contested case hearings. Additionally, all residents of the state contribute to the need for wastewater, The Legislature should require the MPCA drinking water, and stormwater treatment to make its determination regarding and benefit from the resulting improved permit-required submittals, permit 55 modifications, and the reissuance of a treatment and infrastructure maintenance permit within a reasonable set time period, level. Examples include requiring accurate and require the MPCA to make its labeling as to whether disposable wipes determinations and reissue the permit can be safely flushed and creating within that reasonable set time frame. incentives for private salt applicators to The state should ensure townships are reduce the volume of salt they apply. required to meet the same environmental SD-68. Impaired Waters protection and regulatory requirements as cities. Issue: Despite the billions of dollars that Minnesota municipalities have invested and Legislation should be passed that requires continue to invest in wastewater and state agencies to establish permit stormwater management systems, and best requirements only when the criteria they management practices to protect, preserve, are using is developed through the rule- and restore the quality of Minnesota's surface making process. waters, the quality of some of Minnesota's State agencies need to develop science- surface waters does not meet federal water based standards and quantify new effluent quality requirements. The federal Clean standards, ensuring that they are Water Act requires that further efforts be scientifically and economically practicable. made by the state to reduce human impacts State and federal agencies should on surface waters that are determined to be coordinate and integrate their monitoring impaired due to high pollutant loads of data to assure that all pertinent data is nutrients, bacteria, sediment, mercury, and available and utilized. other contaminants. Scientific studies of these waters must be conducted to determine The state general fund is an appropriate how much pollution they can handle (Total source for state water program funding. Maximum Daily Loads, or TMDLs). The Municipal water permit fees should only pollutant load reduction requirements will be increased if new revenue is needed affect municipal, industrial, and agricultural because of increased costs of processing practices and operations along any river, municipal water permits or if the funds stream or lake determined to be impaired. would go for specific scientific research, While the sources of 86 percent of the technical and financial support for cities, pollutants affecting Minnesota waters are or agency staffing needed by cities to non-point sources, there will also be new address environmental and public health costs and requirements for point-source concerns, not as a means to generate new dischargers, like municipal wastewater revenue to cover other budget shortfalls. treatment facilities. Municipal stormwater Additionally, the Legislature should create systems will also face increased protective effective, producer-led reduction, reuse, requirements and regulation as part of the and recycling programs to deal with a state's impaired waters program. product's lifecycle impacts from design Response: The League of Minnesota Cities through end-of-life management and will work actively with the administration, should regulate products and compounds the Legislature, and other stakeholders in that damage water quality, sewer the design and implementation of collection, stormwater or wastewater Minnesota's impaired waters program to: treatment systems at the consumer and manufacturing levels, not just at the a) Ensure equitable funding solutions are found, such as the state general fund or 56 bonding, that broadly collect revenue g) Recognize and credit the work to address this statewide problem; underway and already completed by b) Support legislative appropriation of local units of government to limit point constitutionally dedicated clean water and non-point source water pollutant revenues that will supplement discharges; traditional sources of funding for these h) Recognize the diversity of efforts and purposes, not be used to cover budget needs that exists across the state; cuts, backfill past program reductions, i) Ensure the best science available is or to otherwise supplant normal state used to accurately determine the spending on water programs; sources of pollutant load in order to c) Direct the majority of funds collected maximize positive environmental by the state for impaired waters into outcomes and minimize unnecessary programs that fund municipal regulatory and financial burdens for wastewater and stormwater projects, cities by correctly accounting for and and for state programs needed for addressing agricultural and other non- municipal wastewater and stormwater point pollutant sources; permitting and technical support, j) Ensure the state requires that the including the Clean Water Revolving MPCA retain control of the TMDL Loan Fund, Wastewater Infrastructure development process and that all Fund, TMDL Grants Program, Small scientific research related to TMDLs is Community Wastewater Treatment conducted by the MPCA or qualified, Grant and Loan Program, and other objective parties pursuant to state state programs that provide financial contracting,procurement, and conflict resources for city wastewater of interest laws; and treatment facilities, septic tank replacement, stormwater management k) Clarify state water quality mandates so projects, and other city water quality cities know specifically what they are improvement and protection projects; required to do and what methods of d) More adequately cover the current achieving those outcomes are five-year wastewater infrastructure acceptable to state and federal funding need projection of more than regulators. $1.65 billion; SD-69. Municipal Public Water e) Recognize and address the upcoming Supplies costs of stormwater management Issue: Essential residential water supplies infrastructure and operation on provided by public water supply systems are municipalities from new regulatory classified as the highest priority for the use of mandates and load reduction public water under Minn. Stat. §103G.261. requirements; Minnesota cities spend significant resources f) Allow flexibility in achieving pollutant meeting their responsibility to providing safe, load reductions and limitations reliable, affordable water to their residents in through offsets or trading of pollutant a sustainable manner. That is an essential load reduction credits for both point element in assuring a healthy and stable and non-point load reduction future for public health, the environment, and requirements within watersheds; economic development. As a result, municipal water suppliers have collected 57 some of the most current and accurate Hard facts and sound science need to be used information available on local water to determine the best courses of action to conditions. assure that safe, reliable, affordable water The state requires extensive planning and supplies are available to future Minnesotans. permitting processes for municipal water Those approaches will vary considerably suppliers to document that their systems are depending on local water and soil conditions, drawing water at sustainable levels, that the the types and sizes of users, and the quantity water is safe for human consumption, that and quality of available water. They also they have land use controls in place to protect need to be coordinated between the many public water supplies from contamination, state entities that play a role in water that adequate plans exist for emergency and management and regulations so that scarce high demand situations, and that rate local resources are not wasted and efforts are structures meet state statutory requirements. not counterproductive to other priority Those systems are constantly becoming more environmental and public health results. technologically, environmentally, and Response: The state should lead the economically efficient. City water suppliers development of sound scientific have invested many billions of dollars to information on water supply, aquifer develop their utility systems and recharge, and groundwater availability infrastructure in a manner that meets those and quality, making good use of the criteria. existing studies, data, and staff expertise of Demand and supply sides of this issue are municipal water suppliers. being addressed throughout the state. Cities The state should also be working to have established educational programs, remove barriers to water re-use, aquifer incentives, and local water use restrictions to recharge, encouraging cultural changes in further improve water conservation efforts, water use practices, applying technology while appliances and plumbing fixtures are for smart water use, exploring impacts becoming more efficient in their water use. and creative mitigation options at Furthermore, stormwater is being infiltrated contaminated sites, on ways to incent and into the ground at unprecedented levels as enable alternate uses of stormwater, and part of municipal stormwater permit ways to make sure that all water users requirements and is being redirected for play a role in ensuring that water supplies irrigation purposes in some cities. are being managed in a manner that is Despite those efforts, there are places in the sustainable for future residents. Those state where monitoring data indicates that solutions need to keep in mind that water may be being used faster than the essential residential water use is the supply can sustain,particularly in the case of highest preferred use of public water underground aquifers. These issues are very supplies. complex, however, and causes and effects are Finally,in cases where sound management not always easily documented or understood. of water resources will require substantial City water supplies are not the only users of modifications in public water systems that that water, either. Industries, smaller private were previously determined to be wells, agricultural operations, irrigation adequate,the state needs to be a partner in systems, and contamination containment and developing cost-effective solutions and in treatment can all be major drains on local providing the technical and financial water supplies. resources to make those changes to 58 prevent communities from being costs are on-going and should be equitably economically uncompetitive. shared by the local customers. However,both SD-70. Municipal Electric Utilities current and previously proposed changes to state law would give third-party providers an Issue: Municipal electric utilities provide advantage subsidized by the remaining rate essential community services to many payers and/or taxpayer. Minnesota cities. The League of Minnesota Response: The legislature should support Cities works closely with the Minnesota and maintain the current regulatory Municipal Utilities Association (MMUA) to compact, and recognize the value of the identify issues of concern and to support their dependable services provided by legislative and administrative efforts to municipal utilities, and the fact that address them. municipal utilities are accountable directly How those entities are regulated by the state, to residents. Further, the legislature how their service territory is defined and should reject giving third-party providers amended, how their very limited customer any advantage over municipal utilities, as base is protected, and how they are treated in well as any other effort to de-regulate relation to other types of electric utilities is utilities. important to them remaining affordable, Additionally, current state practice is for efficient, and effective. the Department of Commerce and Public Currently, the legislative proposals have been Utility Commission to require payment of made to allow unregulated third-party quarterly fees on municipal utilities to the electricity sales from generators directly to Department of Commerce three quarters the customer, circumventing long-established in advance. The state should bill for those consumer protections. In some cases, fees only for the upcoming quarter. municipal utilities would be required to SD-71. State Support for Municipal "wheel" energy from third parties across their power lines to retail customers in violation of Energy Policy Goals the utility's exclusive service area rights. Issue: The State of Minnesota has adopted an Another way to arrange third-party sales is by aggressive energy policy focusing on the selling electricity from solar panels or other promotion of energy efficiency and the generating equipment sited on a consumer's expansion of renewable energy with the goal own property to retail customers, while of achieving a reduction in carbon generation maintaining ownership of those panels or through reduced use of fossil fuels. To meet equipment. The equipment owner would state energy and greenhouse gas reduction charge for electricity it provides, yet rely on goals, efforts at the city level will be the local utility to provide reliable service to essential. That local work will generate the customer at all other times. While such significant economic benefits both in arrangements may seem convenient to an communities where it is done and more unregulated third-party, they come at a broadly, as industries and professional significant cost to the utilities and contractors expand their services throughout subsequently, to the rate payers of that utility. the state. Providing municipal reliable utility services Minnesota cities share this goal, as comes with certain unavoidable expenses demonstrated by over 140 cities voluntarily such as electric generation, power lines, participating in the GreenStep Cities poles, and substations. These types of fixed program. However, already strained budgets 59 and reserves at the state and local level have c) Help ensure that reduced energy use limited the ability of the state to assist local results in reduced energy costs by units of government in furthering specific addressing problems with amortization projects that support the overall state goal. In timing; addition, institutional knowledge and d) Have laws that allow and support capacity of most cities limits their ability to utility grant and loan programs; explore energy efficiency or renewable energy projects, even projects whose energy e) Create a grant program to assist in "payback"could finance project capital costs. covering local capital costs to install As the role cities are playing in reducing solar energy systems on public energy use and developing renewable energy buildings; generation expands, how those efforts are f) Use proceeds from the Renewable affected by electric utility practices also Development Fund to support local becomes more important. Utility billing is government projects; not consistent between electric utilities, with g) Provide increased flexibility for many using different rate categories, utilities to work with local government; significantly complicating B3 benchmarking reporting and billing transparency. For h) Support development of a unified projects on which a utility provides capital, electric energy billing and usage the length of time over which city projects structure that is easily imported into a are amortized can also be extended to the B3 Benchmarking tracking system; point that energy cost savings are eliminated, i) Develop a framework that allows even with substantial demand reductions. The Property Assessed Clean Energy application of demand and peak demand rates Programs; in repayment schedules can also reduce or eliminate energy cost savings. j) Play an increased role in providing a comprehensive network of charging Response: The League of Minnesota Cities stations to support a transition to calls on our legislators and state executive electric vehicles and equitable access to agencies charged with accomplishing the charging stations; state's energy policy goals to assist cities, townships and counties with tailored k) Create a grant and loan program to efforts to identify appropriate energy offset start-up capital expenses for efficiency and renewable energy projects projects identified where the savings in for undertaking at the local level. Among energy costs can offset capital project those tools,the state should: costs or where projects are needed to meet energy policy goals; a) Provide grants to support the development of local climate action 1) Clarify state law so that cities may use and adaptation plans and tie those public utility franchise agreements to plans to funding made available to advance energy policy goals, and; implement them; m) Recognize that for the state to meet its b) Where possible,build on existing goals, hands-on state energy agency assistance and incentive programs to technical expertise needs to be made limit duplication of effort, improve available to cities at no cost. efficiency, and minimize new tracking and reporting requirements; 60 SD-72. Urban Forest Management including emerald ash borer. The state Funding should establish an ongoing grant program with at least $15 million per year Issue: Urban forests are an essential part of that is usable for those activities. city infrastructure. Dutch elm disease, oak wilt disease, drought, storms, and emerald SD-73. City Pesticide Application ash borer threaten our investment in trees. Authority The costs for control and removal can be Issue: Current state law in Minn. Stat. § catastrophic and put pressure on city budgets. 18B.09 was amended in 2023 to allow cities The Minnesota Department of Natural of the first class to prohibit the application or Resources, through its Urban and use of certain pesticides designated by the Community Forestry program, and the state as "pollinator-lethal,"with a list of uses Minnesota Department of Agriculture, that would still be allowed. With many cities through its Shade Tree and Invasive Species working to increase pollinator-friendly program, currently have regulatory authority habitat and reduce the impact of pesticide to direct tree sanitation and control programs. usage known to be lethal to pollinators, cities Although these programs allow for are seeking further tools to meet those public addressing some tree disease,pest, and other expectations. With small lot sizes,primarily problems, funding levels have been inadequate to meet the need of cities to build non-agricultural property uses, increased capacity for urban tree programs and respond state and local promotion of natural to catastrophic problems. Cities share the landscaping, and dense residential goal of the state's Releaf Program— concentrations, cities often find that the broader state pesticide regulations are not promoting and funding the inventory, adequately protective of pollinators and are planning, planting, maintenance, and improvement of trees in cities throughout the seeking additional state authority to address state. In addition, economic gains for these issues in their communities. stormwater management, tourism, recreation, Response: The state legislature should and other benefits must be protected from further amend Minn. Stat. § 18B.09 to tree loss. A lack of timely investment in allow cities of any size to opt to restrict the urban forests costs cities significantly more application or use of Minnesota in the long run. Department of Agriculture designated Further, more and more cities are facing pollinator-lethal pesticides within their immediate costs for the identification, community. removal, replacement, and treatment of SD-74. Election Issues emerald ash borer(EAB) as it spreads across the state. The state has no program to assist Issue: Cities play an important role in cities in covering those expenses. administering state and federal election law and conducting voting activities. Response: The League of Minnesota Cities Response: To strengthen the effectiveness supports funding from the general fund or of elections administration, the Legislature other appropriate state funds for a state should: matching grant program to assist cities with building capacity for urban forest a) Seek the input of cities,townships, management and meeting the costs of counties, and school districts on preparing for, and responding to, proposed changes to voter registration, catastrophic urban forest problems, election law, and needed improvements 61 and updates to the Statewide Voter office by 8:00 pm on Election Day. Absentee Registration System; balloting results are not known until b) Amend the timeline for candidate combined with polling place results when the filings in cities without a primary so polls close on Election Day. that the final day of filing is prior to The process for voting by absentee ballot in- the August primary date and align the person was changed during the 2023 date when city and school district legislative session to establish early voting ballot questions must be submitted to for the 18 days leading up to an election. the county to match the close of Early voting will replace direct balloting, candidate filing; allowing voters to vote in person as they c) Expedite court action to resolve would on election day without filling out an candidate eligibility related to absentee ballot application. Until early voting residency in errors and omissions is implemented the direct balloting timeline proceedings; and has also been extended to the 18 days leading up to an election. The law also established d) Eliminate redundant audio testing of additional non-business hours that cities assistive voting technology and administering absentee balloting must be equipment by election judges in open for early voting, including extended precinct polling places on Election evening hours on the Tuesday before the Day; and election and required weekend hours for the e) Increasing flexibility for elections two Saturdays and one Sunday leading up to administrators to purchase assistive election day. While the extended timeline for voting equipment and technology that early voting allows for additional time to best meets the needs of voters with process absentee ballots and the early voting disabilities. process creates some efficiencies, the mandated extended hours require additional f) Support local governments with staff and resources for cities that administer ongoing and sufficient funding through absentee balloting. the Voting Operations, Technology, and Election Resources Account For those who vote absentee in-person prior (VOTER) fund to provide cities with to the 18 days before Election Day, there is resources to conduct elections and meet confusion and in some cases, frustration that the mandated requirements set forth in they are not allowed to place their ballots statute. directly into a tabulator. A voter can request to place their ballot in a series of envelopes SD-75. Administering Absentee similar to those returned by mail to be Balloting and Early Voting processed after they have left the building. Issue: Eligible voters in Minnesota may vote Few, if any, voters request to place their by absentee ballot prior to Election Day. ballot into envelopes. Starting 46 days before the election, a voter Current law allows for in-person absentee can request an application for an absentee voting until 5:00 p.m. on the day before ballot and, if approved, receive and cast an Election Day. This does not leave adequate absentee ballot in one visit to their county or time for election officials to process absentee city election offices. Ballots can also be ballots,prepare supplemental lists indicating requested, applied for and received by mail which voters have already cast absentee and returned by the voter to the election ballots and deliver the lists to precincts prior 62 to opening of the polls on Election Day. The Response: The League of Minnesota Cities current absentee voting process further supports: requires that additional supplemental lists of a) Eliminating the option to place an in- final absentee voters be delivered to the polls person absentee ballot in a series of after the last mail delivery on Election Day envelopes instead of a tabulator; and often leads to administrative challenges and increased potential for errors in the b) Establishing an earlier deadline for process. ending in-person absentee voting; There are several methods a voter can utilize c) Allowing cities to only conduct early to vote in each election. In addition to the 46- voting and opt-out of in-person day absentee voting period in which a voter absentee voting before the early voting may request a ballot by mail, a voter can also period. vote before election day through direct d) Revising absentee ballot regulations to balloting and early voting, vote during the allow any person 18 and older to extended hours required on the Tuesday witness the absentee process and sign before a general election or the three the envelope as a witness; and weekend days required before a general election, or a voter can vote on election day. e) Providing ongoing resources to cities Reviews of available voter participation data that administer absentee balloting and and anecdotal observation by city clerks on early voting for the extended early in-person absentee participation prior to the voting period and additional weekend 18th day indicate that it accounts for as little hours required during a general as a tenth or less of total turnout in a given election. election. While Minnesota has a long SD-76. Ranked Choice Voting absentee balloting time, the most popular days for early voting are the 18 days before Issue: Current law allows charter cities to the election. With the many opportunities consider and adopt Ranked Choice Voting provided to voters, including the new (RCV) as an alternative voting method in extended early voting period, requiring all local elections. State statute does not extend cities to conduct in-person absentee voting this authority to statutory cities. Additionally, before the direct balloting and early voting there are no statewide standards for timeline begins may not be the most efficient conducting RCV. The lack of consistent use of resources for all cities. In most cases, guidelines on how to effectively implement a decisions made in partnership between cities RCV system imposes significant challenges and counties on appropriate service levels for for election administrators and voters. absentee voting tend to work best as local The Office of the Secretary of State certifies jurisdictions best know their communities voting systems for cities and counties across and trends regarding the demand for in- the state. This process does not include the person voting. systems used for RCV elections. This makes As more and more voters choose to vote it difficult for cities to access voting systems early with absentee balloting, improvements approved by the state. must be made to increase efficiency of Minn. Stat. § 204D.11 and 206.90 require the administering absentee balloting before use of one ballot only for a state general Election Day, reduce the potential for errors, election unless there is a need for a separate and to improve voter experience. judicial ballot. To allow cities that have 63 implemented RCV to hold municipal election judges in a precinct can serve elections in conjunction with a state general without an affiliation to a major political election, state statute must be amended to party and no more than half the judges in a allow for more than one ballot. precinct may belong to the same major Response: The League of Minnesota Cities political party. Statute specifically requires supports: election judge party balance to perform four polling place activities: assisting a voter in a) Legislation that would give statutory curbside voting; opening the ballot box; cities the same authority given to duplicating ballots; and in conducting an charter cities to consider and adopt election at a Healthcare Facility. Political RCV.Any legislation should address party affiliation is also unnecessary in city and resolve any challenges with RCV special elections when offices on the ballot elections that run concurrently with are nonpartisan. other elections; Minn. Stat. § 204B.19 allows high school b) Statewide standards for those cities students to be excused from school to serve that choose to adopt RCV to ensure it as a trainee election judge if the student is implemented consistently throughout submits a written request signed and the state to give voters confidence in approved by the student's parent or guardian the fairness of the alternative process to be absent from school and a certificate of casting their ballots and in the from the appointing authority stating the outcome of such elections; hours during which the student will serve as a c) A state certification process for voting trainee election judge to the principal of the systems used in tabulating RCV school at least ten days prior to the elections; and election. This process is not currently extended to college students which has d) Allowing for the use of more than one proven to be a barrier for recruiting college ballot should a city with RCV conduct students to serve as election judges. a municipal election in conjunction Additionally, teachers and college faculty are with a state general election. also allowed to take time off of work to serve SD-77. Election Judge Recruitment as an election judge. and Retention Response: To ensure state requirements Issue:Nearly 30,000 Minnesotans serve as are met, party balance is maintained, and election judges. The recruitment and to expand the opportunity of serving as an retention of election judges is a significant election judge to others, the League of and essential component of administering Minnesota Cities supports the following elections throughout the State of Minnesota. changes: State statute requires that precincts with more a) Authorize college students to get time than 500 registered voters be assigned at least off from classes if they have been four election judges and those with fewer appointed to serve as an election judge; than 500 registered voters be assigned at least b) Allow for one election judge affiliated three election judges. Minn. Stat. § 204B.21 with any major political party defined requires that at least two election judges in in Minn. Stat. § 200.02, subd. 7 or each precinct serve with a different major minor political party in Minn. Stat. § political party designation, except for student 200.02, subd. 23 to perform an election trainee election judges. The remaining activity that requires party balance 64 specifically outlined in statute and SD-79. Modernizing Charter based on the election judge's oath that Amendment Process all will perform duties in a fair and impartial manner and not attempt to Issue: Minn. Stat. § 410.12 outlines the create an advantage for any party or process for amending city charters and one of candidate. If partisan requirements the methods is via petition for which Minn. cannot be met because of late staffing Rules 8205 provides specific criteria for changes in the polling place, then cities formatting. City staff then review the petition should be allowed to meet party to determine if it is valid and has met balance through an election judge who statutory requirements for completion and has not declared a party affiliation; submission. To ensure that both residents and and city staff fully understand the requirements, clarifying changes should be made. c) Require major political parties to provide updated lists of persons Response: To improve the process for interested in serving as election judges amending a city charter,the League of directly to cities and counties and on Minnesota Cities supports: an ongoing basis so that recruitment a) Adding clarifying language regarding lists are timely to best assist cities in "registered voters". These voters must meeting party balance requirements. be eligible voters in the district for SD-78. Mail Balloting which the petition is being circulated who are in active status on the Issue: Minn. Stat. § 204B.45 authorizes all statewide registration system at the townships and cities with less than 400 time of petition verification and have registered voters to hold elections by mail. A not had a name or address change city may conduct mail balloting for an since the most recent voter registration individual precinct having fewer than 100 application was submitted. registered voters, subject to the approval of the county auditor. b) Ensuring that petitioners have access to the petition, public information lists Staffing and equipment needs can be very used to verify registered voters, and the costly and mail balloting is an efficient way examination log available for of conducting an election for cities that have inspection on request of any registered lower numbers of registered voters regardless voter. of location in or outside the metro area. It is not uncommon for the redistricting process to c) Revising Minn. Rules 8205 to ensure create very small precincts in the metro area that formatting requirements are clear that are more cost-effectively served by a and up to date. mail balloting process. Additionally, for SD-80. Presidential Nomination special elections that historically have lower Primary turnout, mail balloting could increase voter participation. Issue: In 2016, the legislature passed into law a process for the state of Minnesota to Response: The League of Minnesota Cities conduct a presidential nomination primary in supports allowing all cities to conduct mail 2020 for president of the United States. This balloting. is administered by cities and counties much the same way elections are conducted. 65 Minn. Stat. § 207A.15 provides a process for to provide health care facility outreach local units of government to be reimbursed voting. It is essential that city staff are able to for expenses incurred from conducting the provide this service to ensure that every primary. The Office of the Secretary of State eligible resident is able to vote should they (OSS) submits to the Department of choose to. Management and Budget (MMB) an It is not uncommon for residents of health estimated cost of administering the primary, care facilities to move to different rooms or and MMB provides funding to the OSS. That units within a building. If their voter funding is then distributed to local units of registration is tied to a specific unit within government as a reimbursement based on the building, they must re-register to vote expense reporting submitted to the OSS. after moving or their ballot may be rejected. Because the presidential nomination primary This is unnecessary given the resident still is a partisan activity administered on behalf lives in the same facility. of political parties, it is critical that local units of government be reimbursed fully and The process for health care facility voting is that no cost be borne by cities. Additionally, required in precincts that conduct elections conducting a primary election by mail could by mail. This is confusing for residents and conserve resources and potentially increase facility staff. This requirement should be voter participation. eliminated in mail-only precincts though Response: The League of Minnesota Cities elections administrators should work to ensure that any new resident of a facility is supports: able to register and receive a ballot. a) Ensuring that local units of Response: It is critical that those living in government are fully reimbursed for health care facilities are able to vote all anticipated and unanticipated costs securely and with minimal complication. of conducting the presidential To do so, the League of Minnesota Cities nomination primary; and supports amending state law to increase b) Allowing the presidential nomination flexibility for cities and health care primary to be conducted via mail facilities partnering in administering balloting. elections. This includes: SD-81. Health Care Facility Voting a) Extending the time period that clerks are required to administer health care Issue: Minn. Stat. § 203B.11 outlines the facility voting up to 46 days before an process for individuals living in health care election to coincide with the start of facilities to vote. Local election officials send absentee voting instead of the pre- teams of election judges to facilities such as registration deadline.; nursing homes and hospitals during the 35 days before the election. They distribute b) Requiring entry into facility for city ballots to eligible residents of the facility and elections officials to ensure residents provide assistance as needed. Allowing more are able to vote; time for this process would increase resident c) Eliminating the need to include a ability to register to vote or apply for an specific room or unit number on voter absentee ballot and ensure their ballot is registration or absentee ballot submitted. applications of those living in health There have been instances when facility staff care facilities; and have refused entry to city elections officials 66 d) Exempting mail-only precincts from receive ballots in a process similar to also conducting health care facility Health Care Facility outreach. voting while ensuring that new residents are able to register and SD-83. Voter Registration receive a ballot. Issue: While registering to vote is the most SD-82. Voters Experiencing critical step an eligible voter must complete prior to casting a ballot, it remains a Homelessness complicated process and barrier to new Issue: Minnesotans experiencing voters. Procedures currently utilized in the homelessness are able to register to vote state have largely remained unchanged for using the location of where they usually sleep many election cycles and fail to account for as defined in Minn. Stat. § 200.031. This changes in population demographics and could be an intersection or shelter address. increasing demands for non-traditional voting Because the voter does not have a permanent methods. mailing address, the registration is often Minn. Stat. § 201.061 currently stipulates challenged which then requires a voter to re- that eligible voters may either register to vote register each election. This process also no less than 20 days prior to an election or on requires a registered voter in the precinct to Election Day at their polling place. In vouch for that person which can be difficult addition to completing the necessary to find when experiencing homelessness. paperwork, a potential voter is required to For those experiencing homelessness, leaving provide proof of identity and residence. One their space and any belongings can option for proof of residence is to have a potentially mean losing them. This becomes a registered voter from the same voting significant barrier to registering to vote and precinct vouch for the eligible voter. participating in elections. The vouching process is a vital option for Response: The League of Minnesota Cities voters lacking current documentation but supports the following to improve the remains challenging. While voters very likely process for voters experiencing know people in their neighborhood, this does homelessness to safely and securely vote. not guarantee they reside in the same voting precinct. Local roads are often used to divide a) Update Minn. Stat§ 200.031 to allow voting precincts, thus putting neighbors an eligible voter to designate a across the street in different precincts. This residential address or the address of a issue is even more prevalent for voters facility or residential shelter, such as experiencing homelessness where vouching homeless shelter or woman's shelter, is often the only viable option for registering. that assists people experiencing Expanding the eligible vouching list to those homelessness where their official who reside in the same city would provide election mail may be sent and have that further flexibility to voters and allow election serve as the address for assigning a officials to still track the limit of 8 vouches precinct and polling location. per person. b) Allow cities to do outreach in areas Under Minn. Rules 8200.5100 the Secretary with concentrated populations of those of State defines the list of acceptable experiencing homelessness to register documents that voters may use for proof of people to vote, assist with applications residence. While there are many options for absentee ballots, and issue and currently authorized, many comparable or 67 similar documents are not currently allowed. The lack of consistency creates a great deal of confusion for voters as to why documents providing the same information are not treated the same. New emerging industries and services are also not accounted for. Consideration should be given to adding documents like work paystubs, tax returns, mortgage closing paperwork, non-standard lease/rental agreements (Hotels, AirBnB, group homes), a social service agency letter describing where a homeless voter lives, USPS address change verification, and other documents issued by government entities. Additionally, under Minn. Rules 8200.5100, voters may present bills due or dated within 30 days of Election Day to meet proof of residence requirements. This timetable can be problematic when the absentee voting period starts 46-days prior to the election. The 30- day window around Election Day often results in some voters not having a current enough bill to register in the first few weeks of absentee voting. It can be confusing for voters as to why their most current bill is not accepted as proof of residence. Having a start date coincide with the start of absentee voting would provide more voters access and remove confusion on the different deadlines. Response: The League of Minnesota Cities supports modernizing current voter registration procedures such as: a) Expanding eligible vouchers to any registered voter in the same city. b) Expanding the list of acceptable documents that can be used for proof of residence. c) Expanding the current 30-day window for original bills that voters may utilize for registration to coincide with the 46- day absentee voting period 68 IMPROVING LOCAL ECONOMIES LE-1. Growth Management and hold harmless any local government Annexation sued for a "taking" as a result of executing state land-use policies; Issue: Unplanned and uncontrolled growth has a negative environmental, fiscal, and d) Give cities broader authority to governmental impact on cities, counties, and extend their zoning, subdivision, and the state because it increases the cost of other land-use controls outside the providing government services and results in city's boundaries, regardless of the the loss of natural resource areas and prime existence of county or township agricultural land. controls, to ensure conformance with city facilities and services; Response: The League of Minnesota Cities believes the existing framework for e) Provide authority for cities to plan guiding growth and development and implement plans for roadway primarily through local plans and improvements in areas where urban controls adopted by local governments or suburban development has created should form the basis of a statewide the need for annexation; planning policy, and that the state should f) Clearly define and differentiate not adopt a mandatory comprehensive between urban and rural development statewide planning process. Rather, the and restrict urban growth without state should: municipal services or annexation a) Provide additional financial and agreements outside city boundaries. technical assistance to local This should contain a requirement governments for cooperative planning that counties and joint power districts and growth management issues, that provide sewer, water, and other particularly where new services, which have been traditionally comprehensive plans have been provided by cities, include as a mandated by the Legislature; condition of providing service the annexation of properties that are the b) Keep comprehensive planning recipients of such services in cases timelines on a ten-year cycle due to where annexation is requested by a the financial and workload impacts city that could feasibly be providing these processes place on cities; those services; c) Clearly establish the public purposes g) Facilitate the annexation of urban served by existing statewide controls, land to cities by amending state such as shore land zoning and statutes that regulate annexation to wetlands conservation; clarify, make it easier for cities to annex simplify, and streamline these developed or developing land within controls; eliminate duplication in their unincorporated areas; administration; and fully defend and 69 h) Oppose legislation that would purposes because of the passage of the reinstate the election requirement in constitutional amendment, these problems contested annexations; could occur even more frequently. i) Support legislation to prohibit The solution being proposed will put local detachment of parcels from cities governments in the position of enforcing unless approval of the detachment has state land use restrictions and would require been granted by both the affected city extensive changes to local plans, controls and township and the affected county and ordinances. It would also create large has been notified prior to the city and numbers of nonconformities on properties township acting on the request; within city limits and would make state j) Oppose legislation that allows orderly wildlife management areas far less desirable annexation agreements to be adopted due to impacts on future city development. that prohibit annexation by other In rural areas, where this is less of a cities of property not being annexed concern, counties and townships have the under the agreement; authority to object to the state purchasing k) Encourage ideas consistent with the land for the outdoor recreation system for long-term goal of allowing urban these very reasons. Cities do not have that development only in areas currently statutory right. Due to recent statutory or about to become urban or changes (Minn. Stat. § 97A.137, subd. 4) suburban in character; and removing city authority to adopt ordinances related to firearm discharge, hunting and 1) Establish stricter criteria on the trapping activity in wildlife management amount cities can pay to townships as areas within their borders, these purchases part of an orderly annexation should not occur without city consent and agreement so that payments to input. townships are limited to reimbursement for lost property tax Response: The League of Minnesota base for no more than a fixed number Cities opposes the state imposing of years, documented stranded retroactive development restrictions assessments, and other items for around existing wildlife management which there is a clear nexus. areas. LE-2. Wildlife Management Areas When purchasing state wildlife management areas and other Issue: The Department of Natural Resources conservation and outdoor recreation has been pressing for legislative system land, the state should either requirements creating development purchase sufficient land to provide an restrictions on property adjacent to land internal buffer from surrounding purchased by the state for hunting and other development or purchase development conservation purposes. This issue has been rights to land adjacent to the property if increasingly controversial as urban growth such a buffer is deemed essential to extends into areas previously considered preserving the intended uses for the rural and residential property owners are property. This should be required for new finding themselves adjacent to public land purchases and done where feasible hunting land. With large amounts of new for existing wildlife management areas. revenue going into state land purchase for game and fish habitat and public access 70 Furthermore, Minn. Stat. § 84.944 and § cities they serve. Municipal electric utilities 97A.145 should be amended to include may grow either through application to the cities in the local government notification Minnesota Public Utilities Commission and approval process the state must (MPUC) or through condemnation follow before purchasing public land. proceedings. Eliminating authority of LE-3. Official State Mapping municipal electric utilities to extend services, or making extension of municipal Responsibility electric service to annexed property Issue: For many years, the Minnesota unreasonably costly, would interfere with Department of Transportation(MnDOT)has community development and make it provided the mapping services to keep unfeasible for municipal electric utilities to survey-level accuracy in place for the state's serve properties located within rural electric official maps and records. That information cooperative (REC) or other electric service changes when roads are made or improved, provider service territory in annexed areas, and needs regular adjustment when even if the REC or other electric utility had municipal boundary adjustments are made. not served them prior to annexation. The information is then used at all levels of Response: The League of Minnesota government to accurately determine Cities opposes any attempt to remove or property boundaries for transportation aid, alter the eminent domain option available utility service boundaries, state and local to municipal electric utilities in state law, funding formulas, election issues, and a or to make it financially unfeasible for number of other uses. municipal utilities to compensate rural No state agency, however, has ever been electric cooperatives or other electric statutorily provided with mapping utilities for serving future customers who responsibility and MnDOT is not funded for reside in annexed areas where that providing that level of detail in its mapping. electric utility has not provided service. Because MnDOT, as an agency, requires LE-5. Statutory Approval less specificity in its maps, a change has Timelines slowly been integrated to mostly restrict MnDOT mapping to what changes occur in Issue: Cities since 1995 have been required road ownership and responsibility, leaving to act on written requests relating to zoning, many mapping needs unmet for other users septic systems, the expansion of of boundary data. Metropolitan Urban Service Areas (MUSA), Response: The League of Minnesota and other land-use applications in Cities supports legislation making a accordance with a statutory time period named state entity the official provider of generally referred to as the 60-day rule. survey-level mapping for the state, Pursuant to Minn. Stat. § 15.99, state and including maps for municipal boundary local government agencies must approve or adjustments. The Legislature must deny a permit within a statutory timeframe. provide the necessary appropriations to Failure by the agency to issue a specific the entity for providing that service. denial of the application is deemed an approval. LE-4. Electric Service Extension Minn. Stat. § 15.99 does not directly address Issue: Minnesota law preserves the right of whether an appeal of a decision triggers an municipal electric utilities to grow with the extension or is part of an original zoning 71 request that must be handled within the 60- de facto approval of applications. or 120-day time period. In a 2004 Minnesota Clarification is needed about how these Court of Appeals decision, the court found instances are fairly handled to ensure a fair that a zoning application is not approved or public process can occur for all interested denied for the purposes of Minn. Stat. § and involved parties. 15.99 until the city has resolved all appeals While the Legislature has clarified some challenging the application.Moreno v. City aspects of this law, additional modifications of Minneapolis, 676 N.W.2d 1 (Minn. Ct. App. 2004). According to the court, an are necessary to assist cities in providing appeal is not a request for a permit, license accurate and timely responses to applicants or other governmental approval; therefore, it and to allow adequate time for public input. Furthermore, as city staff and financial does not trigger a new 60-day time period. resources are increasingly limited, flexibility Under this interpretation, a decision rendered by a zoning board or planning in the length of approval timeline requirements may be needed at the local commission is not the final approval or level. denial of an application if the city allows an appeal to the city council. Response: The Legislature should repeal This court decision is problematic for a or amend Minn. Stat. § 15.99. If repeal is couple of reasons. Forcing cities to further unlikely, amendments should: condense the process for considering a) Increase the initial time limit to 90 planning and zoning applications will make days or have the language in Minn. it more difficult to gather public input and Stat. § 15.99 apply as the default leave less time for thoughtful deliberation by requirement only in cases where zoning boards and planning commissions. It permitting bodies have not established may also provide an incentive for cities to an independent approval timeline; extend the original 60-day period in every b) Clarify that approval does not instance in order to build-in adequate time to abrogate the need for approvals under consider possible appeals. other applicable federal, state or local The Minnesota Supreme Court recently requirements; issued another 60-day rule decision that held c) Provide appeal rights to adjacent that an application to the Minneapolis property owners; Heritage Preservation Commission for a certificate of appropriateness was a"written d) Clarify that, if requests are to be request related to zoning,"and therefore was decided by a board, commission or subject to the automatic approval provision other agent of a governmental agency, of the 60-day rule. 500, LLC v. City of and the decision of the board, Minneapolis, 837 N.W. 2d 287 (Minn. commission or other agent is adopted 2013). This opinion creates ambiguity and subject to appeal to the governing uncertainty about what permit applications body of the agency,then the agency are subject to the law. may extend the 60-day time limit to resolve the appeal; and Additionally, the statute does not allow for exceptions to the timelines in event of e) More clearly define that the phrase extenuating local circumstances. If a state of "related to zoning" refers to a emergency limits the ability of city staff to traditional land use decision such as complete the work, it should not result in a 72 rezoning, conditional use permits, and The special assessment statute anticipates variances. the need for cities to create retaining walls f) To address states of emergency, add when making public improvements, and this the following new language to the holding could create significant costs for statute: (h) The time limits in cities forced to repair and maintain retaining subdivision 2 and 3 are paused if the walls that benefit a single property. A choice governor declares a state of by a developer or previous property owner emergency under section 12.31. In to build a retaining wall to improve the cases described in these paragraphs, value or usefulness of property may appear the deadlines in the areas included in to be necessary today,but determining who the emergency declaration remain first created the need for lateral support in paused until ten days after the the past can involve costly and time- expiration of the state of emergency, consuming historical research that may not applied to any written application reveal a clear answer. awaiting action that was submitted Response: The Legislature should amend prior to or during the state of the special assessment statute so that emergency. retaining walls needed to facilitate public improvements are treated the same as LE-6. Maintenance of Retaining other local improvements. In cases where Walls Adjacent to Public Rights of retaining walls located along public rights Way of way or within drainage and utility Issue: The Minnesota Constitution grants easements separate public improvements cities the power to "levy and collect from adjacent properties, the Legislature assessments for local improvements upon should establish a rebuttable presumption property benefited hereby."Retaining walls that the need for lateral support was are one of the many improvements that a created by the property owner. city is authorized to make on behalf of its LE-7. Development Disputes residents, and Minnesota's special assessment law, Minn. Stat. ch. 429, Issue: State law is clear that fees collected authorizes cities to charge special under Minn. Stat. ch. 462 are eligible for assessments on properties that are benefitted judicial review in the event of dispute. The by an improvement. Legislature limited the timeframe during which an aggrieved party may challenge The Minnesota Court of Appeals held that planning and zoning fees to 60 days after the city of Minneapolis had a nondelegable approval of an application. However, the duty of lateral support to a property owner law is not clear about what notice with a retaining wall abutting a city requirements to the municipality are sidewalk.Howell v. City of Minneapolis, necessary, relative to the timing for a person 2013 WL 1707759 (April 22, 2013). A aggrieved by an ordinance or decision under subsequent jury found that the city created the municipal planning act to seek review. the need for lateral support when it built the street and sidewalk adjacent to the property, Response: The Legislature should amend making the city responsible for the Minn. Stat. § 462.361 to establish a 60- maintenance the retaining wall, despite the day time limitation in which an aggrieved fact that the property is clearly benefitted by person may bring an action against the the retaining wall. municipality. 73 LE-8. Foreclosure and traditional legal rights and protections as Neighborhood Stabilization tenants. Many view it as a way to rent the property and may not be aware of it being a Issue: Cities dedicate scarce resources to contract for deed. address public safety and maintenance challenges associated with foreclosed, Numerous problems arise for cities and vacant, and under-maintained homes. Left neighborhoods when property owners are unaddressed, these properties destabilize acting essentially as renters. It is difficult to neighborhoods, depress neighborhood determine who is responsible for property values, and potentially increase the maintaining the property or for paying utility costs of municipal services. Cities' revenue bills and property taxes, and cities may not also continues to decline due to delinquent be able to inspect substandard properties if utility payments and property tax payments, they are not subject to a lease agreement. In as well as added costs for nuisance some situations, property owners may wish abatements. Although the number of those to have a renter be the responsible party for mortgage foreclosures has stabilized utility bills and utilize contract for deed somewhat since the peak of the recession in arrangements to have the person living on 2008 and the height of the COVID-19 the property be the responsible party. The pandemic, issues surrounding community property may also not be recorded at the recovery remain ongoing. county for homesteading purposes if the buyer is not aware of the formal change in State and local governments can play an ownership that results from a contract for important role in spurring reinvestment in deed. struggling neighborhoods,but without additional resources to address the variety In recent years, investor ownership of and costly impacts of foreclosures and single-family housing stock has increased as vacant properties, cities cannot maintain or investors including both small investors and increase those activities to meet local needs. large private equity companies have The federal government has provided funds continued to purchase single-family homes for neighborhood stabilization and direct to convert to residential rental uses. mortgage assistance to residents, but such According to the Minneapolis Federal funds are limited in eligible uses and scope, Reserve Bank, investor-ownership rate for and they are only available to a limited residential properties in the metropolitan number of cities. area has more than doubled from 2006 to 2015 but has since stabilized in the past Contracts for deed have been used to three years. While the trend of investor successfully buy and sell thousands of ownership has stabilized, the increase in homes around Minnesota. However, some single-family rental housing continues to property owners use contracts for deed as an impact city housing stock as investor alternative to a traditional lease, even though purchases of affordable single-family homes the purchaser has no intention of buying the are often concentrated in lower income home. Some communities have encountered neighborhood, which can remove a situation where a property owner is buying homeownership opportunities and make it many homes in a community, then selling harder for lower-income households to them on contract for deed. This can allow a compete in the housing market. While person to essentially act as a landlord while investor ownership creates single-family evading a city's rental inspection and rental rental opportunities, strategies deployed by licensing process, while the buyers lose the certain investors that seek to maximize 74 profits can lead to a deterioration of housing easier for cities to step in during the quality. tax forfeiture sale process in order to Response: The Legislature should: more effectively address blighted properties. a) Secure increased state and federal resources and provide financing tools Support coordinated responses to to help cover city costs associated with prevent foreclosures, activate and foreclosed and /or vacant properties, guide private investment and home community revitalization strategies, purchases, and support distressed and community investment, including neighborhoods. revenue sources for programs that g) Continue tostudy and monitor the support foreclosure mitigation, impacts on the housing market of homeownership counseling, and investor-owned homes and enact expanded homeownership policy that provides cities with the opportunities and are sustainable. tools to mitigate any negative impacts b) Explore additional city authority to on city housing stock and prospective allow cities to take more expedient homebuyers due to investor-owned action to acquire tax forfeited purchasing of homes without property in order to protect foreclosed penalizing small investors and and/or vacant homes from damage property owners. and to help preserve property values h) Re-enact a program at the state level in neighborhoods where similar to "This Old House" to allow concentrations of such conditions are owners of qualifying single-family present,including an expedited homes or multi-unit rental properties process to address nuisance to defer the increase in tax capacity properties. from repairs or improvements to their c) Reexamine the Contract for Deed homestead property as an incentive statutes to mitigate predatory contract for cities to maintain housing stock or for deed arrangements and ensure provide state assistance to cities who property owners adhere to local rental wish to provide incentives for licensing requirements, and provide homeowners to make repairs and local jurisdictions resources to allow improvements to their property. for education of future buyers and i) Support programs that provide sellers in contract for deed resources to cities for rehabilitation or arrangements. new construction of single-family d) Support local authority for cities to homes. collect all delinquent taxes, utility LE-9. Housing Policy bills, liens, and assessments on foreclosed, vacant,boarded and/or tax Issue: Cities recognize that stable housing is forfeited properties. essential to the health, safety, and welfare of residents. Since the Fair Housing Act of e) Improve notification to cities, and 1968, and more recently with the consistency in the information recognition that certain barriers to housing available to cities, when a property is disparately impact certain members of our in the foreclosure process and vacated communities, local government has been and advance policies that make it obligated to promote and reduce barriers to 75 fair housing and equal opportunity. For Hispanic households and households of example, households with housing choice color. vouchers face many barriers to securing According to the most recent U.S. Census housing in the private rental market, Bureau's American Community Survey, especially when rental vacancy rates are households of color are also more likely to low. Currently rental vacancy rates are at a experience cost burden(paying more than historic low in much of the state. As a 30% of their income on housing). In result, many families and individuals may be Minnesota, 57% of renter households of unable to use their housing choice vouchers color experience cost burden as compared to and thus unable to secure safe, decent and 45.5% of white renter households. Project affordable housing. Additionally, many based and voucher based rental assistance renters and homeowners face challenges that enable renters to pay no more than 30% from housing displacement due to rising of their income on housing are critical to costs, uninhabitable housing, and eviction reducing cost burden disparities. Nationally, that exacerbates housing instability and according to data analysis provided by the homelessness. Urban Institute, only 1 in 5 households who Despite progress since the Fair Housing Act qualify for a Section 8 voucher receive this of 1968, households of color nevertheless critical form of rental assistance. Despite experience a gap in homeownership rates legislative efforts in Minnesota to create a compared with white households and have sustainable state rental assistance program, faced barriers to housing due to a history of the program is likely to fall short of housing policies and lending practices that addressing the need. As a result, low-income disproportionately benefit white households families often make tradeoffs to reduce (i.e., application of GI bill largely only to housing costs. Families may choose or only white soldiers returning from war, redlining, be able to afford living in poor-quality, and restrictive covenants). According to the substandard housing or a long distance from U.S. Census Bureau and American work opportunities to reduce housing costs. Community Survey data, the The imbalance between the demand for homeownership rate in Minnesota for non- affordable housing and the supply of low- Hispanic White Americans is 78%, which is cost rentals contributes to increasing above the national rate of 74.4% However, housing costs. At the same time, wages have the homeownership rate for homeowners of remained stagnant and not kept up with color in Minnesota is 41.8%, which remains increased housing costs resulting in more well below the national black and more families experiencing housing cost homeownership rate of 44 percent. burden. Rent-burdened households have Comparatively for Hispanic Americans, the higher eviction rates, increased financial homeownership rate is around 47% and for fragility, and wider use of social safety net Asian Americans, it has hovered around programs, compared with other renters and 53%. According to the Minnesota Housing homeowners. The rates and severity of rent Finance Agency analysis of the most recent burden, especially for households of color, U.S. Census Bureau's American Community have increased housing instability and Survey, Minnesota has one of the highest resulted in fewer households transitioning homeownership rates in the nation,but the from renters to homeowners. state has the fourth largest disparity in Response: The Legislature should: homeownership rates between white/non- 76 a) Support resources and programs that expand new affordable seek to assist communities and homeownership and rental landlords in their efforts to reduce opportunities,prevent renter barriers to housing and promote fair displacement, and reduce the racial housing and equal opportunity gap in homeownership and reduce including a prohibition on landlords cost burden. denying housing opportunities to LE-10. Resources for Affordable residents based on their source of income and support efforts by the Housing federal government to promote fair Issue: Cities, along with local housing housing policies intended to protect officials, are concerned about the need for people from housing discrimination proactive commitment at the state level to and encourage the federal government aid cities to meet demand for affordable to provide more flexibility within the housing that is sensitive to local conditions, Section 8 voucher program so that emerging trends, and changing renters can more readily maintain and demographics. This includes meeting the place their vouchers in a tight rental needs of lowest-income households as well market. as an aging population and ensuring a wide b) Support housing stability for renters range of lifecycle housing options that allow through policies that mitigate the seniors of all incomes to stay in their impact of or reduce evictions filed community, addressing racial disparity gaps including providing clear statutory in housing, and responding to emerging authority for cities who seek to impose trends, such as the need to preserve federally tenant protection ordinances that subsidized housing and naturally occurring mitigate renter displacement. (unsubsidized) affordable housing. The League also recognizes that federal, state c) Seek to identify and reduce racial and local governments all have a role to play disparities in homeownership in in meeting affordable housing needs, Minnesota and support policies and overcoming barriers to housing stability encourage innovative solutions that such as high market prices, eviction, and address structural barriers for people foreclosure, and responding to problems of color when it comes to accessing caused by vacant homes and the increase in housing including policies that rental properties that are the result of encourage fair lending and provide foreclosure. homebuyer education and funding for down payment assistance to low- It is generally agreed that Minnesota has a income households. substantial supply gap of housing units across the housing spectrum, especially units d) Support programs that reduce cost that are affordable to lower income burden among renters and support Minnesotans making 30% of average policies that address barriers for median income or less. Housing for people of color when accessing safe, extremely low-income Minnesotans and healthy and quality affordable rental supportive housing with social services are housing. particularly underserved by traditional e) Support resources and policies that market rate housing providers and require encourage public-private partnerships committed ongoing operating funding along between cities and entities seeking to with initial capital support.. 77 Response: The Legislature should: to a local affordable housing trust a) Support the affordable housing fund. priorities of the Minnesota Housing d) Expand authority for all cities to Finance Agency (MHFA) that benefit transfer unobligated pooled increment cities, which include making resources from a housing or redevelopment TIF and methods available to maintain district to support a local housing and improve existing affordable trust fund for any eligible expenditure homes, including publicly subsidized under Minn. Stat. § 462C.16. deeply affordable, and housing stock e) Substantially increase long-term that is aging such as naturally funding for the Economic occurring (unsubsidized) affordable Development& Challenge Fund to housing. leverage local private and public b) Provide stable and long-term funding, resources to develop workforce rental including but not limited to dedicated and single-family homes. funding sources, for Minnesota f) Support legislation to provide sales, Housing and other affordable housing use, and transaction tax exemptions or programs that support local housing reductions for development and efforts, including those that encourage production of affordable housing and innovation and recognize regional use state bond proceeds for land markets, provide flexibility for cities banking and trusts as well as to create partnerships and leverage rehabilitation and construction of resources with private and public affordable housing. entities. Support capital investment resources for affordable and public g) Provide funding and financing tools to housing, stable and long-term funding cities to create affordable senior for supportive services and programs housing for our aging population. that address homelessness and reduce h) Provide funding and financing tools to barriers to stable housing and cities to create affordable housing and homeownership, consistently fund the prevent foreclosure for veterans. state housing tax credit program and contribution fund to help rebuild the i) Support for funding to reduce the state's partnership with local racial gap in homeownership rates, governments and the private sector in such as targeted homeownership the development of homeownership, capacity building and homebuyer and multi-family rental assistance and assistance. housing renovation programs. j) Support additional funding for the c) Consider establishing a program to housing choice voucher programs or address immediate needs throughout other rental assistance programs and the year to provide a match for new or financial, tax, and/or other incentives existing city-supported affordable for rental property owners to housing projects. This could include participate in these programs. matching funds, issued on a timeline k) Support the continuation and possible that is consistent with local budgeting expansion of guardrails required by processes, for local revenues allocated the current 4d Low-Income Rental Classification under Minn. Stat. § 78 273.128 that provides a class rate assistance is often needed from state and reduction in property taxes to federal resources to construct and qualifying low-income rental rehabilitate greater Minnesota housing stock properties. Extend the 4d transition and that assistance should better aid to all cities on a permanent basis accommodate the varying realities of a and base any program expansion diverse state and housing markets. proposals of any state mandated class- Like many metropolitan cities, greater rate reduction on a full analysis of the Minnesota city housing studies often cite impacts to local property tax bases. challenges at many levels of the economic Ensure that any modifications to spectrum that impact local economies and class-rate reductions or market value population growth. However, incomes exclusions are balanced between the within exclusively rural and rural/town mix tax benefit to existing and future counties are well below average incomes in units that benefit from the property exclusively urban counties. The US Bureau tax reduction and the increased tax of Economic Analysis demonstrates over a burden on the existing property tax 62% earnings gap between entirely rural and base due to any expansion entirely urban counties. Greater Minnesota 1) Support sustainable funding for communities in many cases do not have a infrastructure grants currently significant percentage of high-earner available to cities to assist with the workers that earn a high enough salary to cost of providing critical afford today's newly constructed housing infrastructure and ensure that units. This factor along with the rising costs residential sites are shovel ready for of construction materials and labor are development. outside of the control of local communities m) Authorize resources by way of a tax but lead to an overall lack of housing stock credit,policy tools or general fund in many greater Minnesota cities. appropriations to support the However, one of the most vexing difference conversion of existing commercial in the housing continuum is the lack of property into multi-family housing or production of market rate housing in rural new types of uses that support communities. The lack of market rate economic growth of cities. production has led to aging housing stock in greater Minnesota cities that hinders LE-11. Greater Minnesota Housing economic growth. At least 25% of the Issue: Cities in greater Minnesota share housing stock in 34 of greater Minnesota's many of the same housing needs as metro 80 counties was built before 1940 and only communities. However, not unlike differing four counties in greater Minnesota have 5% real estate markets within a city, greater or more of their housing stock constructed in Minnesota communities often have vastly 2010 or later. The aging owner-occupied different market conditions for housing that and rental housing stock have low assessed can necessitate priorities that vary from values far below any reasonable cost of new metropolitan areas. Greater Minnesota cities construction and thereby translates to an face unique challenges that affect the environment where lenders and developers affordability, quality, and availability of often shy away from new market rate housing. While local communities in greater developments because of these valuations or Minnesota are focusing on local efforts to low prevailing rents. attract development and encourage growth, 79 The circumstances also mean that the few challenges in greater Minnesota, affordable housing projects that do make including but not limited to, their way to greater Minnesota are often permanently extending the timeframe notably of higher quality than the average for pooling redevelopment TIF market rate housing stock if they were lucky projects from 5 to 10 years to allow enough to produce any. Many of these more flexibility for rural communities affordable units rent for 20-37%higher than to amass properties and finance what individuals would otherwise be able to projects while removing blight and afford in many greater Minnesota cities if amending the affordability they were buying a median valued home of restrictions for housing TIF to be used significant age. Though numbers certainly for workforce or market rate housing differ, modest market rate units that have production in areas of low market rate been attempted or in some instances production to provide parity at a 25- advanced in our communities have a per unit year duration. cost of$140-$150,000 while a tax credit d) Appropriate more state resources and project with their added soft cost can often establish grant and forgivable loan reach costs of$225,000 per unit or more. programs that support market rate Project costs for workforce housing can also and senior housing development become prohibitive for many developers in proposals in greater Minnesota greater Minnesota due to prevailing wage communities where production is requirements. While greater Minnesota extremely low and modify the cities are looking to gain every advantage Statewide Affordable Housing Aid and stretch limited local resources for program income restrictions to allow housing, more state assistance should be for market rate housing development. focused to allow rural communities to minimize the financial gap of market rate e) Work to address the disconnect production. between communities that follow the Response: The Legislature should: Statewide Building Code and those areas that do not to ensure a level a) Appropriate funding to state playing field while encouraging assistance programs serving greater prudent health and safety measures. Minnesota including increasing Furthermore, the building code appropriations for the Statewide should not be used to further Affordable Housing Aid program and disadvantage cities for the investments increasing other program they have made in infrastructure to appropriations to account for the state comply with regulatory and smart imposed prevailing wage growth principles. requirements. LE-12. Energy Efficiency b) Require a comprehensive analysis of Improvement Requirements for the state's housing assistance Housing programs to better determine the specific needs of greater Minnesota Issue: Rising energy costs have brought communities and adjust programs attention to the poor energy efficiency of accordingly. many private residences and multi-family c) Change Tax Increment Financing properties, especially in older housing stock. rules to address specific housing The affordability of housing could be 80 severely impacted by continued increases in that can take into account variations in home energy costs. Improvements in the building age and construction. Cities could, energy efficiency of housing would improve however,play a strong role in increasing the affordability of local housing options public exposure to approved educational and would help achieve state energy demand materials and providing incentives through and greenhouse gas emission reduction the use of other local financing support goals. The challenge is how best to achieve options for property owners, such as grants, that result. loans, and a Property Assessed Clean Legislative discussions have suggested that Energy(P.A.C.E.)program. Cities could minimum energy efficiency improvements also take advantage of the recently added could be added as point-of-sale assessment authority in Minn. Stat. § 429.021 to provide financing for energy requirements, including energy use disclosure and basic renovations such as improvement projects in residential improved attic insulation levels, window properties of five or more units if a property caulking and other air sealing, or improved owner petitions for an energy improvement light fixtures. project in an existing building. While the goals of such a program are Response: The League of Minnesota laudable, there are a number of concerns for Cities agrees that there is a need to how this would actually be accomplished in improve the energy efficiency of individual cities. Most cities do not, for residential building stock to reduce example, have point of sale inspections. energy consumption and improve the There will also be cases where the building affordability and livability of housing. could be structurally unable to meet high The state should focus its efforts on attic insulation requirements, such as with improving educational programs and on manufactured housing or with older houses improving the use of the existing with very little attic space. There are also statewide Conservation Improvement concerns that the cost of meeting these Program (CIP) and similar programs and energy requirements could result in provide property owners with technical homeowners being reluctant to sell their and financial support for weatherization houses because of the expense of the and energy efficiency improvements. improvements that would be required to Further, the state should work to make meet new standards or property owners residential Property Assessed Clean passing on the cost of upgrades to tenants. Energy (P.A.C.E.) programs viable for local governments. Increased exposure to educational information, such as increased access to Cities should use their communication energy audits and more familiarity with and tools, such as newsletters,web sites, and access to programs that finance energy staff communications to promote these efficiency projects could increase adoption efforts and to help link property owners of energy efficiency improvements. Electric to educational materials and program utilities provide successful, cost-effective resources. Additionally, cities could be energy efficiency programs, have a customer incentivized to adopt strategies to disclose relationship with homeowners, a regulatory energy usage data for building owners to requirement to meet energy demand identify options for cost-efficient energy reduction goals through conservation improvements. spending, and access to technical expertise 81 LE-13. In-Home Day Care Facilities disabilities from a clustering of residential programs within one neighborhood. As the Issue: There are restrictions on the ability of Department of Justice has stated, while a city to regulate licensed day care facilities. density regulations are generally suspect, "if Minn. Stat. § 462.357, subd. 7, states that a neighborhood came to be composed certain licensed residential facilities and day largely of group homes, that could adversely care facilities must be considered a affect individuals with disabilities and permitted single-family use for zoning would be inconsistent with the objective of purposes. The restriction is designed to integrating persons with disabilities into the protect"in-home" daycare facilities,but the community." (Joint Statement of the law applies even if the facility is not the Department of Justice and the Department primary residence of the day care provider. of Housing and Urban Development.) This creates a loophole for providers to use a single-family home as a commercial daycare To this end, and in upholding a state and facility, which might not otherwise be local dispersal requirement, the Eighth allowable under a city zoning ordinance. Circuit Court of Appeals stated that the requirement was designed to ensure that Response: The Legislature should amend people with disabilities "needing residential Minn. Stat. § 462.357, subd. 7,to clarify treatment will not be forced into enclaves of that a licensed day care facility serving 12 treatment facilities that would replicate and or fewer persons is considered a thus perpetuate the isolation resulting from permitted single-family use only if the institutionalization."Familystyle of St. Paul, license holder owns or rents and resides Inc. v. St. Paul, 923 F.2d 91, 95 (8th Cir. in the home. 1991). LE-14. Residential Programs City authority to regulate the locations of Issue: Minnesota's deinstitutionalization residential programs is limited by state policy seeks to ensure that all people can statute and the federal Fair Housing Act live in housing that maximizes community (FHA), although Minn. Stat. § 245A.11, integration. Minn. Stat. § 462.357, subd. 6a. subd. 4,prohibits the Commissioner of states that"persons with disabilities should Human Services from granting an initial not be excluded by municipal zoning license to a residential program of six or ordinance or other land use regulations from fewer people within 1,320 feet of an existing the benefits of normal residential residential program in cities of the first surroundings."Minnesota cities support class. inclusion of people with and without In 2015, Minn. Stat. § 245A.11, subd. 4, was disabilities in their communities, but these amended to clarify that the Commissioner of policies are best implemented with minimal Human Services is required to approve encroachments on municipal zoning licenses for"community residential settings" authority and positive working relationships within 1,320 feet of existing residential between cities, care providers, and the state. programs. A"community residential On one hand, treating persons with setting"is commonly known as adult foster disabilities differently generally raises care. While this was the original intent of questionable issues of disparate treatment the legislature, statutory terms changed over with the Federal Fair Housing Act. On the the years; this amendment was to make other hand, without some regulation, cities various statutory references consistent. are powerless to protect individuals with 82 In 2022, Minn. Stat. § 245A.11, subd. 2, was to contact the city to be informed of amended to temporarily allow licensed applicable local regulations. Finally, residential care services provided to more licensing or registering authorities must than four people with developmental be responsible for removing any residents disabilities in a supervised living facility, incapable of living in such an including intermediate care facilities for environment,particularly if they become people with developmental disabilities as a a danger to themselves or others. permitted single-family residential use at an LE-15. Inclusionary Housing increased capacity of seven to eight people until July 2023. Cities that have zoning Issue: Provisions in current state statute regulation already in place prohibiting this (Minn. Stat. § 462.358, subd. 11) allowing type of facility as a single-family residential cities to enter into development agreements use do not have to permit the use. for the inclusion of a portion of the units in Sufficient funding and oversight are needed the development to be affordable for low- or to ensure that residents living in residential moderate-income families have been a programs have appropriate care and source of conflict between cities and supervision, and that neighborhoods and housing developers. residents of residential programs are not Cities are concerned builders that view this negatively impacted by high concentrations statute as a restriction on local authority to of these types of programs. As it stands now, adopt policies that promote availability of there is nothing preventing clustering of housing affordable to those who are unable residential programs in most cities in the to purchase or rent housing at price points state. Cities want to be part of the solution, that the market alone provides. and more than anything cities desire to be, and should be,partners in serving the Response: The Legislature should: policies of deinstitutionalization. Cities a) Strengthen and clarify cities' have an interest in, and are in the best authority to carry out policies that position, to preserve a balance in residential offer developers a range of incentives neighborhoods between residential programs in return for including a designated and all other uses. Because Minnesota cities number of affordable units in their are committed to inclusion of all individuals, projects. it is in the best interest of the state, care b) Identify strategies to ensure long-term providers, and those individuals served, that affordability of rental and owner- all parties include cities as partners before occupied housing produced as a result opening a residential program to best plan of such policies and practices for community integration. including expanding the parameters Response: Cities should maintain the of affordable housing restrictive statutory authority to require agencies, as covenants to extend beyond 30 years well as licensed and registered providers to ensure long-term affordability. that operate residential programs, to c) Focus state housing policy to support notify the city before properties are for local assessment of housing needs operated. Cities should be provided with and direct additional state resources the necessary contact information after a and the full exercise of local authority residential program is licensed or to increase development of affordable registered. Providers applying to operate residential programs should be required 83 rental units and access to entry-level, homeowners to sell their properties to owner-occupied housing. land trusts to build capacity. d) Support voluntary measures to b) Support the current .75 class-rate encourage cities to adopt and carry reduction for community land trust out land-use plans, activities, and properties and support efforts by the subdivision regulations aimed at Minnesota Community Land Trust providing for construction and Coalition and other housing marketing of housing where a portion preservation stakeholders to develop of all new units are affordable to property tax valuation modifications lower-income households. to lower property taxes for qualifying LE-16. Community Land Trusts low-income sales-price-restricted properties enrolled in CLT. Issue: The increasing price of land available LE-17. Telecommunications and for housing development, particularly for retaining affordability of housing for lower- Information Technology income households, is a concern throughout Issue: Telecommunications and information the state. Creating more permanently technology is essential public infrastructure affordable, owner-occupied housing depends for the efficient, equitable, and affordable heavily on maximizing the cost- delivery of local government services to effectiveness of taxpayer investments. The residents and businesses. Legislature has previously appropriated Telecommunications includes voice, video, funding and granted the Minnesota Housing data, and services delivered over cable, Finance Agency authority to assist cities telephone, fiber-optic, wireless, and all other with funding community land trusts (CLTs) platforms. for affordable housing. Response: The League of Minnesota Currently, Land Trust properties have a tax Cities supports a balanced approach to classification of 1.0% and property owners telecommunications policy that allows must pay property taxes based on the market new technologies to flourish while value of the property, which is assessed preserving local regulatory authority. relative to neighboring properties. However, Regulations and oversight of because land trust properties are to remain telecommunications services are permanently affordable, land trust owners important prerogatives for local can only receive a portion of the government to advance and balance appreciation of the value of the home when community interests,including ensuring a sale is made. public safety, ensuring equitable access, Response: The Legislature should: maintaining high quality basic services that meet local needs, spurring economic a) Support continuation of the land trust development, and providing affordable capacity-building program and rates to all consumers. Policies should provide capital start-up funds so strengthen and not diminish local community land trusts can continue to authority to manage public rights-of-way offer gap financing,interest rate including public and private write-downs,predevelopment infrastructure, to zone, to collect financing, and financial underwriting reimbursement of costs and reasonable and explore other incentives for compensation for the use of public assets, 84 or to work cooperatively with the private communities, and broadband providers to sector. The League opposes the adoption deploy high-speed Internet in unserved and of state and federal policies that restrict underserved areas. The Office supports cities' ability to finance, construct, and broadband expansion through broadband operate telecommunications networks. mapping and managing the state's Border- LE-18. Broadband to-Border Broadband grant program, which is funded by state general fund Issue: High-speed Internet is essential appropriations and more recently funds infrastructure needed by cities to compete in authorized by the federal government for a global economy. Yet many communities broadband deployment. In addition to the do not have access to broadband at state's focus on extending broadband to affordable prices. High fixed costs, low unserved areas, Minnesota must also be on density, and short-term return-on-investment the cutting edge for next-generation thresholds for private sector providers broadband investments and ensuring that contribute to the lack of broadband across Minnesota's statutory speed goals in Minn. the state. Investing in universal broadband Stat. § 237.012 are updated to reflect access has substantial local and regional emerging technologies and broadband use economic benefits for communities of all trends. It is also critical that the state sizes. Cities and other local units of maintain authorization of stable general fund government are facilitating the deployment spending for broadband infrastructure of broadband services to increase deployment as a priority to address the connectivity, reliability, availability, and state's statutory speed goals and utilize state affordability for residents, schools and resources to bolster federal broadband businesses through a variety of models, funding including the Broadband Equity including municipal broadband and public- Access and Deployment(BEAD) Program private partnerships. However, attempts authorized by the fedral Infrastructure have been made to restrict cities from Investment and Jobs Act of 2021. providing telecommunications services, Response: To promote economic particularly in unserved or underserved development, education and achieve state areas. Past court cases have overturned broadband goals,the Legislature, interpretation by the Federal Governor's office, and state agencies Communications Commission(FCC) that should: states may not limit the extension of municipal broadband services from one city a) Identify and implement actions for the to another. state to reach and maintain a position in the top five states for broadband Due to the high costs of broadband speed that is universally accessible to infrastructure, the state continues to expand residents and businesses; its role to identify and formulate tools and provide resources to expand broadband b) Make significant investments to the access. The Office of Broadband Border-to-Border Broadband Grant Development within the Department of Program and continue to encourage Employment and Economic Development public/private sector collaboration (DEED) has developed a strong partnership including options that use technologies through its efforts on broadband such as wireless while remaining infrastructure deployment and digital consistent with the League's Right-of- inclusion between the state, local Way Management policy to cost- 85 effectively expand broadband service and services at the local and regional access; level; c) Support measures to authorize and i) Supporting funding and efforts to encourage cities and other local units continuously update and verify of government to play a direct role in comprehensive statewide street-level providing broadband infrastructure mapping of broadband services to and/or services; identify underserved areas and d) Support legislation to remove existing connectivity issues; barriers in statute that hinder the j) Discuss how well the FCC and state ability for Minnesota cities to own and broadband maps document actual operate broadband systems including broadband coverage across Minnesota the elimination of Minn. Stat. § including wireless options. These 237.19, which requires a maps are used by funders to supermajority voter approval for the determine grant program eligibility provision of municipal broadband; making overstatement of available e) Offer incentives to private sector services highly consequential with service providers to respond to local negative impacts for rural places; or regional needs and to collaborate k) Recognize the crucial role of local with cities and other public entities to government in the work of the deploy broadband infrastructure Governor's Broadband Task Force capable of delivering sufficient and fund the Office of Broadband bandwidth and capacity to meet Development (OBD) and ensure base immediate and future local needs; budgets supporting OBD remain at 0Adopt policies which seek to position levels sufficient for it to meet its Minnesota as a state of choice for statutory mandates; testing next-generation broadband 1) Support the creation of new policies technologies; and resources that improve g) Affirm that cities have the authority to broadband adoption, hold Internet partner with private entities to finance service providers receiving funding broadband infrastructure using city accountable, achieve significantly bonding authority; higher broadband speeds, and support efforts to improve digital inclusion h) Remove barriers that limit the ability including the ability for cities to for the state to deploy Border-to- franchise broadband providers; Border Broadband grant funds in On the federal level, the League urges areas that may be served by existing or future federal broadband programs Congress to adopt laws restoring the and those that restrict anti- ability of municipalities to extend beyond competitive practices, and prevent their borders to serve unserved and predatory action that prevent or underserved areas. The League also urges impede cities, municipal utilities, Congress and the Federal schools, libraries, and other public Communications Commission to sector entities from collaborating and structure federal broadband grant deploying broadband infrastructure programs to work in conjunction with the state's Border-to-Border Broadband 86 grant program and not prohibit state charge for and control access to public funding in areas that receive federal rights-of-way by all video and cable broadband assistance if those areas could service providers; also benefit from state funding. c) Maintaining local authority to charge LE-19. Cable Franchising fees on providers to ensure the Authority provision of public, educational, governmental (PEG) programming, Issue: Municipal cable franchising has and interactive technologies to require resulted in equitable construction with cable the provision of video channels and operators providing uniform quality of cable video streaming for PEG service and uniform cable pricing to city programming with video and audio residents. Municipal franchising authorities quality/channel location equivalent to have acted to protect cable subscribers and that of the local broadcast stations, have required cable operators to provide and ensuring programming is public benefits, such as the construction of accessible and searchable by all municipal networks and access channels. residents of the local authority Communications systems not subject to through detailed Electronic franchising in many areas have systems Programming Guide listings and incapable of serving municipal residents other navigation and distribution uniformly. Municipal cable franchising has technologies that are equivalent to been the most successful authorization of that of local broadcast stations; communications service providers with access to the public rights-of-way including d) Advancing legislation that dedicates equitable deployments resulting in uniform funding for municipal digital media, quality of service, pricing and public such as a dedicated tax or fee on benefits. digital products Response: State and federal policy should e) Ensuring continued cost-effective local maintain local cable franchising authority government access to capacity on and local oversight of the public rights-of- institutional networks (I-Nets) way and the legislature and federal provided by local cable system government should take all efforts operators for public safety necessary to update and improve communications, libraries, schools, municipal cable franchising authority in and other public institutions to use all state and federal legislative and state-of-the-art network applications; regulatory proceedings to reflect market and trends and emerging technology. f) Strengthening local authority to a) Maintaining provisions in Minn. Stat. enforce customer service standards Ch. 238 that establish and uphold and transparency in pricing. local franchising authority, including LE-20. Public Right-of-Way the authority to receive a franchise fee Management based on gross revenues irrespective of any in-kind contributions; Issue: Cities hold local rights-of-way in b) Refraining from adopting any FCC trust for the public as an increasingly scarce and valuable asset. As demand increases for rule changes that would further use of public rights-of-way (PROW), cities restrict existing local authority to must coordinate the use of this resource 87 among competing uses and to manage the determine any revised standards if use of the PROW for delivery of essential needed; municipal utility services. Cities continue to }) Recognize that as rights-of-way experience increased demand for space in become more crowded, the costs of the PROW including the siting of disrupting critical infrastructure underground wired and overhead wireless become evident and the exercise of facilities and sites for wireless local authority to manage competing communications. Additionally, technology located in the public right-of-way will demands and ensure public safety in continue to support the increase of new the PROWS becomes increasingly modes of mobility and delivery methods important; including Connected Autonomous Vehicles g) Ensure the removal of abandoned (CAV) that may also operate in the public equipment and accompanying support right-of-way. While local management structures by the service providers responsibilities vary and are site specific, the from the public right-of-way; increased demand for utilizing space in the h) Maintain the courts as the primary public right-of way underscores the forum for resolving disputes over the necessity for maintaining local authority. exercise of such authority; Response: State and federal policymakers i) Maintain existing local authority to and regulators should: review and approve or deny plans for a) Support municipal authority to installation or relocation of additional manage and protect public rights-of- wires or cables on in-place utility way, including franchising, reasonable poles. In the alternative, cities should zoning and subdivision regulation, have broader authority to require the reasonable regulations of structures in underground placement of new and/or the public right-of-way, and the existing services at the cost of the exercise of local police powers; utility or telecommunications b) Recognize that cities have a provider; paramount role in developing, j) Support the collaboration with local locating, siting, and enforcing utility units of government as the state construction and safety standards; explores efforts to expand c) Support municipal authority to infrastructure in the public right-of- franchise all service providersthat site way to provide for increased connectivity for Connected infrastructure in the public right-of- Autonomous Vehicles (CAV). way and ensure local authority to control use of public rights-of-way. LE-21. Wireless Infrastructure and d) Support legislation to authorize Equipment Siting Minnesota cities to franchise Issue: Demand for wireless communication broadband providers and to receive service has increased requests by private and franchise fees under Minn. Stat. Sec. public sector providers to site additional 222.37 and 116J.399, Subd. 8 and such towers, antennas, small cells and other other statutes as necessary. facilities in cities. It is anticipated that e) Encourage a collaborative process applications to install small cell wireless with stakeholders, including cities, to facilities and distributed antenna systems 88 (DAS) will continue to grow as technology LE-23. Local Appropriations to evolves over time. Despite changes made to Economic Development Minn. Stat. § 237.163 that created a special Organizations process for the siting of small wireless facilities, maintaining cities' local zoning Issue: Cities and towns are allowed to authority and police power to manage and appropriate up to $50,000 per year from coordinate the siting of these facilities general fund revenue to an incorporated continue is necessary and appropriate. development society or organization for Response: Cities must continue to exercise "promoting, advertising, improving, or full authority to consider public health, developing the economic and agricultural safety, and welfare concerns in resources"of the city or town. The $50,000 cap has been in place since 1989 and places responding to requests to site, upgrade or , alter wireless facilities. The Legislature, unnecessary restrictions on a city's ability to Federal Communications Commission work with non-profit development (FCC), and Congress should not place corporations. Local governments should further restrictions on city authority to have the flexibility to work with outside manage the siting of wireless facilities in organizations if local elected officials the public right-of-way nor enact believe it is in the best interest of their compensation restrictions that would communities to do so. Such appropriations result in local government subsidization are subject to the same budgetary oversight of wireless providers. Furthermore, cities as other government expenditures, and local must have recourse to require removal by elected officials are ultimately responsible to the provider of equipment deemed the voters for how local tax dollars are abandoned. spent. LE-22. County Economic Response: The Legislature should amend Minn. Stat. § 469.191 to eliminate or Development Authorities increase the cap on appropriations to Issue: The 2005 Legislature authorized all incorporated development societies or counties outside the metropolitan area to organizations. establish county economic development LE-24. Workforce Readiness authorities (EDAs). Minn. Stat. § 469.1082 provides specificity on certain process and Issue: Incumbent worker training and limitations issues, including the ability of education must be an important component cities to prohibit the county EDA from of Minnesota's efforts to improve workforce operating within the city as well as within an readiness. By making firms and employees agreed-upon urban service area or within a more competitive, incumbent worker distance approved during the formation of training can increase wages, increase the county EDA. County EDA activity in employment opportunities, fill skilled areas surrounding cities will directly impact worker gaps, and keep jobs and employers the adjacent city in terms of service in their communities. The Minnesota Job provision and taxes. Skills Partnership is one proven tool that provides training to thousands of incumbent Response: The Legislature should require workers each year. city approval for proposed county EDA activities within two miles of a city. Response: The Legislature should: 89 a) Fully fund the Minnesota Job Skills economic development strategies through Partnership and other workforce land use and other policies. training programs administered by Response: The League of Minnesota the Department of Employment and Cities supports continued and sustainable Economic Development, the funding for the Minnesota Investment Department of Human Services, and Fund and the Job Creation Fund to assist the various education agencies; local communities and businesses in b) Provide additional flexible funding to creating, growing, and retaining jobs. The local workforce councils,including Legislature should also provide dedicated governments and educational and sustainable funding for the facilities, for the purpose of upgrading Redevelopment Grant and Demolition the skills and productivity of the Loan Program. workforce, and pursue additional DEED should solicit input from cities creative programming and funding to about how best to implement the Fund, prepare and place underemployed and make adjustments to the and unemployed Minnesotans, as well administration of the program as as address the issue of those phasing necessary. The League supports out of the workplace and retiring; Department of Employment and c) Provide additional funding for Economic Development(DEED) studying programs specifically designed to and making recommendations on address youth employment such as methods to improve the geographic career and workforce readiness balance of recipients,by allowing the use programs, and employment of additional evaluation criteria beyond disparities; and the current job creation goal such as d) Continue to support cities that providing higher-wage jobs or achieving provide workforce programs that are racial equity policy goals. that would coordinated with and complement allow all regions of the state to better state and regional efforts by seeking prosper. municipal approval before making LE-26. Remediation and any changes to those service areas. Redevelopment LE-25. Business Development Issue: Communities across Minnesota are Programs faced with expensive barriers to re-using Issue: Programs such as the Minnesota property. These roadblocks include Investment Fund(MIF), the Job Creation deteriorating, obsolete, and vacant Fund(JCF), the Redevelopment Program, structures, and contaminated land. and contaminated site clean-up grants Larger scale redevelopment projects often provide funding opportunities for require the purchase and assembly of communities and businesses to develop their multiple, smaller parcels of land that are not local and regional economies. These well- suitable for development on their own. utilized programs create infrastructure, Cities and development authorities may revitalize property, and help businesses need to purchase land over a period of years generate and expand jobs. Cities are key and hold them for later development, facilitators in the implementation of reducing the effectiveness of traditional 90 financing tools that require immediate providing cities with more flexible tools to development. address land remediation and Such barriers pose significant problems for redevelopment. cities seeking to re-use existing The Legislature should also revive a infrastructure, maintain and improve program similar to "This Old Shop" property tax base, provide jobs and housing (Minn. Stat. § 273.11, subd. 19),which opportunities, and preserve historic would allow cities greater flexibility in structures. Land remediation activities are targeting commercial development and particularly costly because significant redevelopment. The Legislature should remediation must occur before private-sector consider enacting authority that would interest can be generated. Exacerbating this provide a tax deferral on improvements situation, the land remediation programs to commercial buildings, including those administered by the Department of located in designated rehabilitation or Employment and Economic Development historic preservation districts. The (DEED) and the Metropolitan Council program's age limit qualifications under programs continue to be underfunded. Minn. Stat§ 273.11, subd. 19, should be Response: In recognition of the unique modified to include properties that are at needs of land remediation projects least 30 years old. statewide,the Legislature should increase The League is supportive of recent funding for the statewide redevelopment extensions to the Minnesota Historic account. The League of Minnesota Cities Structure Tax Credit in Minn. Stat. § also supports the creation of a land 116J.8737,which provides a 20 percent assembly grant or loan program to assist tax rebate for rehabilitation of qualified cities and economic development historic buildings. However, the authorities with the challenge of Legislature should eliminate the sunset assembling small parcels for provision of the tax credit to provide redevelopment. The League supports certainty to cities and their project competitive programs administered by developer partners to proceed with DEED that distribute the funds equitably historic redevelopment projects that are between greater Minnesota and the metro complex and time consuming. area. The Legislature should continue its LE-27. Development Authority support and increase funding levels for state and regional programs to assist in Levy Limits contamination cleanup and brownfields Issue: Under Minn. Stat. § 469.107, § remediation efforts. 469.033, and § 469.053, Economic The State should recognize that the Development Authorities (EDAs), Housing rehabilitation of land due to obsolescence and Redevelopment Authorities (HRAs) and or incompatible land uses is a component port authority levies for economic of redevelopment. The Legislature should development activities are capped. These amend the definition of redevelopment limits can hinder the planning of future district in Minn. Stat. § 469.174, subd. 10, development. to include the obsolescence and Response: The Legislature should incompatible land uses included in a increase or repeal levy limits or increase renewal and renovation district (Minn. the levying authority for EDA,HRA, and Stat. § 469.174, subd. l0a),thereby 91 port authority activities in Minn. Stat. ch. within TIF districts are an allowable 469. use of tax increment under Minn. Stat. LE-28. Tax Increment Financing § 469.176, subd. 4; (TIF) c) Allow term extensions for redevelopment districts which are Issue: TIF is the most important tool taking longer to develop; available to fund community development and redevelopment efforts. Over time, the d) Amend Minn. Stat. § 469.1763, subd. TIF law has become increasingly complex 3, to eliminate the "Five-year Rule" as the Legislature seeks to provide cities for districts that are taking longer to with the resources to grow the state's develop; economy while maintaining limits on the use e) Amend Minn. Stat. § 469.174, subd. of property taxes. Cities need greater 25, to provide time limits on the flexibility to use TIF for community and "deemed increment" created by land economic development that support a city's sales, leases and loans, and allow residents and businesses. Further authorities greater flexibility in the restrictions of TIF would render the tool less use of lease revenues to fund ongoing effective and will hinder local efforts to operations; support job creation, housing, redevelopment and remediation. f) Expand the use of TIF to assist in the development of technological The need for flexibility has been accentuated infrastructure and products, due to the pandemic economic downturn biotechnology, research, multi-modal which has dramatically slowed existing transportation and transit-oriented projects that must continue to comply with development, restoration of statutory timelines. Many projects will have designated historic structures, non- difficulty meeting time-line requirements retail commercial projects, and non- such as the five-year rule without special wetland areas where unstable/non- legislation authorization. buildable soils exist; Further restrictions of TIF would render the g) Increase the ability of TIF to facilitate tool less effective and will hinder local redevelopment and housing activities; efforts to support job creation, housing, redevelopment and remediation. h) Modify the housing district income qualification level requirements to Response: The Legislature should not allow the levels to vary according to enact future TIF law restrictions, rather individual communities; the Legislature should: i) Encourage compact development and a) Modify Minn. Stat. 469.174, subd. 10, consider reauthorization of compact to allow a redevelopment district to be development TIF districts with established where only 50 percent of modifications to increase their the buildings are required to be effectiveness; structurally substandard to a degree requiring substantial renovation or j) Discourage any statutory mechanisms clearance. that directly or indirectly decrease the impact of city redevelopment and b) Clarify that expenditures for the economic development projects; necessary maintenance of properties 92 k) Simplify the substandard building test This requirement can be particularly to resolve ambiguities and reduce the burdensome for programs designed to continued threats of litigation; develop multiple properties over an 1) Create an exception to the interfund extended period of time. If one political loan resolution requirement in Minn. subdivision could be designated as the lead Stat. 469.178, subd. 7, to authorize the entity for purposes of the notice and hearing development authority to delegate to a requirements, such projects could be made staff person the ability to set the terms more efficient without sacrificing public and conditions of an interfund loan. transparency. m) Amend the definition of Property tax abatements should not be redevelopment district under the TIF considered a replacement for TIF. Act to include the obsolescence and Response: In light of current economic incompatible land uses included in a conditions existing property tax renewal and renovation district, abatement authority should be thereby providing cities with more strengthened. The Legislature should: flexible tools to address land a) Expand the abatement authority to remediation and redevelopment. allow abatement revenues to be used n) Amend Minn. Stat. 469.1763 subd. 2 for economic development activities to provide development authorities such as workforce readiness and greater flexibility to address local assistance programs, and technology housing needs by removing section 42 infrastructure improvements; requirement for housing projects b) Develop a state fund to facilitate state outside the district. participation in abatement projects by LE-29. Property Tax Abatement allowing the state property tax to be Authority abated; Issue: Although tax increment financing c) Increase funding caps under Minn. (TIF) continues to be the primary financing Stat. § 469.1813, subd. 8 and duration mechanism for local development projects, limits under Minn. Stat. § 469.1813, tax abatements provide cities with an subd. 6; and important, additional economic development d) Amend Minn. Stat. § 469.1813, subd. tool. Recognizing the need for municipal 5, to create a streamlined notice and development tools, the 2008 Legislature hearing requirement for multi- expanded the abatement authority by jurisdictional tax abatement projects. converting the limit on abatements from ten percent of the current tax levy to ten percent LE-30. Revisions to the OSA Audit of net tax capacity. Function The tax abatement law requires that a Issue: Pursuant to Minn. Stat. § 469.1771, political subdivision may only approve an the Office of the State Auditor(OSA) is abatement after holding a public meeting responsible for tax increment financing with a minimum of 10 days published public (TIF) oversight. As part of its review of TIF notice. When more than one political districts, the OSA identifies alleged subdivision abates property taxes for a violations of the TIF laws and issues development project, there must be separate noncompliance notices to TIF authorities. In notices and hearings for each subdivision. recent years, a number of cities have 93 received letters of inquiry from the OSA that TIF authority, the Legislature should raise questions about practices long accepted require the OSA to issue the notice within by the OSA or limit statutory definitions that 60 days of receiving the authority's have not been amended by the legislature for response.Any final noncompliance notice over a decade. The audit power in Minn. should contain the OSA's final position Stat. § 469.1771 is necessary to ensure that on the matter,the date upon which it individual cities comply with the TIF forwarded the matter to the county statutes, but is not effective in clarifying the attorney, and the next steps that are legislative intent of the TIF statutes. required to be taken according to state In addition, the TIF statute requires that law. Upon expiration of the 60-day authorities respond to noncompliance period, the authority should be deemed to notices within 60-days of receiving the be in compliance with the TIF laws if no notification. There is no deadline for the final noncompliance notice is received. OSA to respond, and authorities often do not In order to ensure a fair process to receive timely responses on the matter from resolve disputes over TIF findings of the the OSA. Government agencies typically OSA, the Legislature should consider have response-time deadlines, and it is whether the authority to resolve such appropriate for the OSA to respond by a disputes should be shifted from county time certain to provide finality to the audit attorneys to the Office of Administrative process. Any final disposition notice must Hearings. be clear about the final disposition of the matter. LE-31. OSA Time Limitations Finally, the statutory audit enforcement Issue: The Office of the State Auditor process does not create an environment (OSA) has the authority to issue where these policy questions can be fairly noncompliance notices for every existing tax and sufficiently resolved. County attorneys increment financing (TIF) district in the lack the resources to prioritize TIF disputes state for alleged violations of the TIF laws. and lack the subject matter expertise needed This authority extends retroactively to the to analyze the merits of the OSA's audit inception of the district. Accordingly, TIF findings. This results in excessive deference authorities can receive noncompliance granted to the OSA's original audit findings. notices for alleged violations that occurred Faced with the potential loss of increment, 20 or more years ago. Often, staff and record-keeping procedures have changed, payment of attorney fees, and small likelihood of success on the merits, cities and TIF authorities find it difficult to often acquiesce to the OSA to save time and reconstruct the past in order to identify and money. remedy these situations. Similarly, the OSA claims the authority, based on the state's Response: The League of Minnesota records retention schedule, to audit TIF Cities believes there should be a more districts for up to 10 years after defined process to establish rules or decertification, which requires cities to guidelines for TIF authorities with expend staff resources to maintain files and adequate input from local government a working knowledge of old districts for an officials and public finance professionals unreasonable period of time. prior to their adoption. Response: A reasonable timeframe within In the event that the OSA determines to which alleged violations are identified issue a final noncompliance notice to a should be established. The Legislature 94 should reasonably restrict the OSA's prevailing wage amounts in different areas ability to issue noncompliance notices to across the state. the six-year period prior to the notice's The 2017 Legislature approved funding for issuance date. The Legislature should also the Workforce Housing Grant Program at $2 require the OSA to conduct any audits on decertified districts within one year of million each year. The program was moved decertification. from DEED to be administered by MN Housing Finance Agency (MHFA) in Minn. LE-32. Workforce Housing Stat. 469A.39 with a change in qualifications that gives preference to cities Issue: Job creation is one of the under 30,000 population(rather than 18,000 fundamental goals of economic previously). development. When employers create new jobs through expansion or relocation there The 2017 Legislature also approved a new must be sufficient housing in the host use of TIF authority for workforce housing community for the new workers and their (Minn. Stat. § 469.174-176). In addition to families to live. In rural communities, a lack requirements under Minn. State. 469.175, of housing stock for new workers can subd. 3, county and school boards must prevent a planned expansion or relocation, approve the TIF plan before it is enacted and hampering job growth and economic the authority sunsets in 2027. These development. The economics of building a additional requirements specific to housing development in greater Minnesota workforce housing TIF districts put communities makes private development additional barriers on workforce housing difficult, and workers with higher paying development and does not fully recognize jobs do not qualify for traditional affordable the role of cities as the typical lead housing. This housing gap can bring government entity on housing projects. development and job growth in a community Minn. Stat. § 469.175, subd. 2, currently to a halt. requires cities to provide the county auditor and clerk of the school board with the In 2014, at the urging of cities through proposed TIF plan and an estimate of the Minnesota, the Legislature created a fiscal and economic implications of the workforce housing pilot program for three proposed TIF district at least 30 days before cities in Roseau and Pennington Counties. In the public hearing required by Minn. Stat. § 2015 the Legislature passed League- 469.175, subd. 3. The county auditor and sponsored legislation that created the school board shall provide copies of these workforce housing development program TIF plan materials to members of their and appropriated $4 million to the boards. These current requirements provide Department of Employment and Economic sufficient notice to taxpayers and other Development(DEED) to administer the government entities about proposed TIF program. Once grant awards from DEED districts. were made,prevailing wage requirements, construction costs, and land prices have Response: The League of Minnesota shown to lessen the effectiveness of creating Cities supports additional tools for local more workforce housing units. It is communities to develop workforce important to ensure the appropriate housing: resources and process exist for the a) MHFA should solicit input from local Department of Labor and Industry (DLI) to communities to ensure that the goals determine representative and accurate of the Workforce Housing 95 Development Program are met, and should also eliminate the sunset of the MHFA should award funds to eligible workforce housing TIF authority. projects as quickly and efficiently as LE-33. Development Along Transit possible; Corridors b) The Legislature should increase funding to the Economic Development Issue: While the establishment of transit and Housing Challenge Program to lines and corridors provide the impetus for aid housing in support of job growth, economic development, there are limits to and amend Minn. Stat. § 462A.33 to existing development tools that hinder full either increase or eliminate the development of transit corridors. For maximum income levels for example, acquisition of land outside of the participation in the program; and line but within the corridor can be difficult, and current tools are not well-suited for the c) The Minnesota Housing Finance creation of public spaces, enhancement of Agency should make administrative infrastructure, and investments such as changes to the Economic Development parking ramps that are necessary and Housing Challenge Grant components of a transit-oriented program to streamline the application development plan. process, reduce the per-unit cost of constructing affordable housing, and In 2008 the Department of Employment and increase the construction of affordable Economic Development (DEED) was rental units at 80% of median income authorized to establish Transit Improvement and owner-occupied units at 115% of Areas, which should complement long-term median income, as currently allowed transportation planning initiatives such as by state and federal law; and MAP-21 and Minnesota GO. Transit Improvement Areas include parcels of land d) The Legislature should pass that are located in part within one-half mile legislation creating a workforce of a transit station. A transit station is housing tax credit to spur defined as a physical structure or designated development of workforce housing. area which supports the interconnection of e) The Legislature should scale the various transportation modes, including light Workforce Housing Development rail, commuter rail and bus rapid transit, and Program to account for the additional which promotes and achieves the loading, cost associated with the prevailing discharging and transporting of people. The wage requirements. commissioner of DEED may designate a f) The Legislature should streamline the Transit Improvement Area if it will increase provisions in Minn. Stat. § 469.175, the effectiveness of a mass transit project by subd. 3 required of cities to establish a incorporating one or more modes of public workforce housing TIF district transportation with commercial and housing including eliminating the provision development, as well as providing a clean that requires a city to determine and pleasant place for pedestrian use. DEED average vacancy rates and county has designated over 50 Transit Improvement board and school board approval for Areas; all but two are located in the seven- a workforce housing TIF plan before county metropolitan area. Although the it is enacted and the Legislature language passed and was signed into law by the governor(Minn. Stat. § 469.35), there 96 was no funding put into place to implement Response: The legislature should clarify the new program. that cities' comprehensive plans are Response: The League of Minnesota exempt from review under the Minnesota Cities urges the Legislature to increase Environmental Rights Act (MERA). the ability of traditional economic LE-35. Greenhouse Gas Emissions development tools, including tax and Vehicle Miles Traveled increment financing,tax abatement, and special service districts, to address the Assessment Requirements on needs of transit-oriented development. Trunk Highway Projects The League encourages the Legislature to Issue: For all grade separation and capacity appropriate bonding and general fund improvement projects on the trunk highway dollars for revolving loans and grants to system that are not in the Statewide fund the TIA program. Additionally, the Transportation Improvement Program Legislature should consider adding park (STIP) or have not submitted a layout to the and ride facilities to the list of qualifying Minnesota Department of Transportation transportation modes, as defined in Minn. (MnDOT) for approval by February 2025, Stat. § 469.351. Because the majority of state statute requires assessments of the DEED-designated Transit greenhouse gas emissions and vehicle miles Improvement Areas are currently located traveled. The law applies to capacity in the seven-county metropolitan area, improvement projects with a cost of$15 increased funding for this program will million or more in the metro area and$5 not be balanced between greater million or more in Greater Minnesota. If the Minnesota and the metro area.Additional project is not in conformance with funding for this program should not established greenhouse gas emissions and change the overall balance of state vehicle miles traveled reduction targets, funding between greater Minnesota and there must be a change in the scope or the seven-county metropolitan area. design of the project, sufficient impact LE-34. Comprehensive Plans and mitigation on the statewide system and a revised assessment. If these conditions are Environmental Review not met, the project must be halted and Issue: Comprehensive plans are essential disallowed from inclusion in the STIP. The guiding documents for cities and typically requirements in this law will significantly allow for a wide range of development increase costs on important future highway outcomes. To allow for local flexibility and expansion and interchange projects in functionality, as well as to best align local Minnesota. Further, the law does not exempt goals with regional requirements, it is projects that address safety needs or provide essential that local plans represent a city's regional economic benefits. plans and vision at a high and broad level. Response: The League of Minnesota Recent litigation, if successful, could require Cities supports the administration and local comprehensive plans to meet the management of this legislation on a standards of the Minnesota Environmental programmatic, or statewide, level versus Rights Act(MERA), even though at the project level to best encourage environmental impacts cannot be measured investment in transit and other projects at the time of planning. This litigation that provide the greatest return on threatens the autonomy of cities to conduct investment while also not unduly long term planning. 97 burdening Greater Minnesota projects The Legislature has given cities the where mitigation efforts may not be as authority to operate utilities for waterworks, efficient or implementable. The League sanitary sewers, and storm sewers. The also supports removing the vehicle miles storm sewer authority, established in 1983, traveled assessments as a requirement set the precedent for a workable process of when a project improves greenhouse gas charging a use fee on a utility bill for a city emissions. In Greater Minnesota,where service infrastructure that is of value to feasible transit solutions do not uniformly everyone in a city. Similar to the storm exist, there must be reasonable sewer authority, a transportation or sidewalk alternatives for greenhouse gas emissions utility would use technical, well-founded offsets. New interchanges should be measurements and would equitably exempt from both assessments when the distribute the costs of local infrastructure project provides economic benefits. Safety services. improvement projects aimed at reducing Response: The Legislature should fatalities should also be exempt due to authorize cities to create, as a local public safety benefits. option, additional utilities such as a LE-36. Authority to Create Public transportation or sidewalk utility,that Infrastructure Utilities ensure funding for the maintenance of these public amenities.Additionally, Issue: Successful economic development whether established as a new chapter of efforts and community stability are law or added to the list of service charges dependent upon a city's ability to make in Minn. Stat. § 429.101, cities should be infrastructure investments. Current able to impose service charges against infrastructure funding options available to property to ensure the maintenance and cities are inadequate and unsustainable. safety of the right of way for all Funding pressures have been exacerbated by Minnesotans without having to prove an levy limits, unallotment and reductions in increase in fair market value or having to the local government aid and market value determine whether those contributing to homestead credit programs. The existing the utility fund are taxable or tax-exempt. special assessment law, Minn. Stat. ch. 429, Such authority would acknowledge the does not meet cities' financing needs effects of repeated levy limits and the because of the special benefit requirement. general funding shift from the state to The law also requires a bond election unless local governments for building and a minimum of 20 percent of such a project maintaining necessary infrastructure; the can be specially assessed against affected benefits to all taxpayers of a properly properties due to the increase in fair market maintained public infrastructure; and, value or"benefit" from the project. In the limitations of existing special practice, however, proof of increased assessment authority. property value to this degree of benefit can rarely be proven from regular repair or LE-37. Adequate Funding for replacement of existing infrastructure such Transportation as streets or sidewalks. Alternatives to the Issue: A well-coordinated state Minn. Stat. ch. 429 methods for financing transportation policy utilizing all modes of infrastructure improvements are nearly transportation in moving passengers and nonexistent. freight will enhance the state economic development of new and expanding business 98 as well as foster additional tourism i) Funding for transportation opportunities. components of economic development Response: More resources must be and redevelopment projects. dedicated to all components of the state's j) Full funding for all components of transportation system, and local units of state highway projects, including government must have access to resources related stormwater management and funding tools to meet growing needs. systems, through state sources. The League of Minnesota Cities supports: k) Establishment of a "Mainstreets a) Development of a comprehensive state Fund" to assist cities with non- transportation policy which provides transportation related components of an environment where all modes of trunk highway projects such as utility transportation (motor, rail, air,water upgrades and improvements that and pipeline) complement each other contribute to economic development. in moving passengers and freight 1) Funding to build roads to standards within the state. that can accommodate the year-round b) Increased dedicated and sustainable transport of heavy loads. state revenue source for non- m) A sales tax exemption for materials municipal state aid city streets. purchased for state and local road, c) MVST distribution of 60 percent for bridge, sidewalk, trail and transit roads and bridges and 40 percent for construction projects. transit. n) Authority for cities to impose d) A permanent increase in the gas tax. development impact fees for e) Trunk highway bonding provided the transportation infrastructure. Legislature implements reasonable o) Local funding options that would restrictions on the amount of debt allow cities to raise revenues for service the state will incur, and roads, bridges, sidewalks, trails, and provided the Legislature appropriates transit. funding to assist with local costs p) Expanded use of alternative revenue related to projects funded with trunk sources such as MnPASS and other highway bonds. tolling mechanisms for funding of f) General obligation bonding for local maintenance and construction (where roads and bridges, particularly for feasibility studies indicate the routes of regional significance. program is appropriate). g) A sales tax increase dedicated to LE-38. Turnbacks of County and transportation. State Roads h) Funding to assist cities burdened by Issue: As road funding becomes cost participation responsibilities increasingly inadequate, more roads are imposed by improvement projects on being "turned back"to cities from counties the state's principal arterial system and the state. and on the county state aid highway (CSAH) system. Response: Turnbacks should not occur without direct funding or transfer of a funding source. A process of negotiation 99 and mediation should govern the timing, safety concerns, undermined efforts to keep funding, and condition of turned-back corridors attractive and presented challenges roads. Agreements should be negotiated for communities working to promote and finalized before work on a project economic development. requiring a turnback begins. City Response: MnDOT must maintain state taxpayers should receive the same rights-of-way and parcels acquired by treatment as township taxpayers. The MnDOT for transportation purposes requirement for a public hearing, located within city limits in a manner standards about the conditions of consistent with local ordinances turnbacks, and temporary maintenance governing the upkeep of private property funding should also apply to county when requested by the city.Alternatively, turnbacks to cities. At a minimum, roads MnDOT should reimburse Minnesota that are proposed to be turned back to a cities for the labor, supplies, and city government should be brought up to equipment necessary to maintain state the standards of the receiving rights-of-way to meet city standards government, or that city should be and/or minimize public safety hazards. compensated with a direct payment. The Legislature must provide MnDOT Direct funding should be provided for with adequate funds to maintain state smaller cities that are not provided with rights-of-way. turnback financing through the municipal state aid system. LE-40. Funding for Non-Municipal LE-39. MnDOT Rights-of-Way State Aid City Streets Maintenance Issue: Minnesota has over 141,000 miles of Issue: Maintenance of property, including roadway, and more than 22,500 miles—or government property and facilities, is 16 percent--are owned and maintained by important to public safety and to the image Minnesota s 853 cities. of Minnesota cities. Cities are acutely aware The Minnesota Constitution limits eligibility of the responsibility they have for enforcing for dedicated Highway User Tax property maintenance codes pertaining to Distribution Fund dollars to up to twenty grass mowing, noxious weed abatement, the percent of streets in cities with populations placement of trash in yards and fence over 5,000 (147 of 853 cities). This means maintenance. almost 85 percent of municipal streets are Minnesota has many miles of highways that ineligible for municipal state aid(MSA) run through cities. In recent years, the funds and must be paid for with property Minnesota Department of Transportation taxes and special assessments. Funding (MnDOT) has cut a substantial percentage challenges are compounded by city cost of its rights-of-way management staff. The participation requirements in state and cuts have resulted in reduced maintenance county highway projects, which divert along some corridors and on parcels resources from city-owned streets. acquired by MnDOT for transportation Recognizing the unique street funding needs purposes. Specifically, MnDOT has reduced in cities under 5,000 population, the 2015 the frequency of mowing, litter collection, legislature created the Small Cities noxious weed abatement, graffiti abatement Assistance Account (Minn. Stat. § 162.145). and repair of fences and guard rails. This Funds in the account are distributed through maintenance reduction has created public a formula to all cities under 5,000 100 population for street maintenance and cost participation requirements reconstruction. related to trunk highway and county Maintenance costs increase as road systems state-aid projects. age, and no city--large or small—is LE-41. Authority to Allow spending enough on roadway capital Amenities in MnDOT Rights-of- improvements to maintain a 50-year Way lifecycle. For every one dollar spent on maintenance, a road authority--and therefore Issue: Cities served by the state's trunk taxpayers--save seven dollars in repairs. highway system frequently request features In 2023 the legislature created the on the highway right-of-way(ROW)that Transportation Advancement Account, would improve the aesthetics of the highway which will provide ongoing funding for the or provide public amenities exceeding Small Cities Assistance Account and a new components the Minnesota Dept. of Larger Cities Assistance Account. The Transportation(MnDOT)may include. revenues for this account have not yet been Minn. Stat. §161.20, Subd. 2(b), gives the collected, and there will be a delay of MnDOT commissioner authority to make approximately two years before meaningful agreements with and cooperate with any amounts of funding flow to these accounts. governmental authority relating to trunk highway construction and improvements; Response: City streets are a separate but however, Minn. Stat. §161.434 provides that integral piece of the network of roads arrangements and agreements must be "for supporting movement of people and highway purposes". goods. Cities need greater resources and These restrictions are problematic in cities flexible policies in order to meet growing where a downtown commercial area exists demands for street improvements and along a trunk highway. Some of these cities maintenance. The League of Minnesota Cities supports• desire amenities that would make • commercial areas adjacent to trunk a) Increased dedicated and sustainable highways more vibrant by allowing outdoor state funding for non-MSA city streets dining, landscaping, decorative lighting or in large and small cities statewide; other aesthetic improvements that do not b) One-time funding for the Small Cities serve a highway purpose. Under current law, Assistance Account and the Larger the city cannot approve amenities that Cities Assistance Account to bridge encroach on the ROW. the gap between when the Response: The League of Minnesota Transportation Advancement Account Cities supports authorizing cities,by was created and when funds will ordinance, to allow amenities that do not reach the account; serve highway purposes on trunk c) enabling legislation that would allow highway ROW within their jurisdictions. cities to create street improvement The League also supports a requirement districts (similar to sidewalk that MnDOT develop and approve rules improvement districts already allowed related to local ordinances. under Minn. Stat. § 435.44); and d) the creation of a new fund that would provide grants to cities burdened by 101 LE-42. Authority to Implement LE-43. Safe Routes to School Infrastructure Fees Grants Management Issue:New development and the resulting Issue: The Safe Routes to School (SRTS) growth create an increased demand for Program provides funding support for public infrastructure and other public capital projects that promote and encourage facilities. Severe constraints on local fiscal more students to walk or bicycle to school resources and dramatic forecasts for by making the school routes safer and more population growth have prompted cities to accessible. reconsider ways to pay for the inevitable The following are some types of SRTS costs associated with new development. infrastructure improvement grants that are Traditional financing methods tend to provided by the state and offered through subsidize new development at the expense the Minnesota Dept. of Transportation of the existing community, discourage sound (MnDOT): land-use planning,place inefficient pressures on public facilities, and allow a) School site improvements: secure bicycle parking facilities, traffic under-utilization of existing infrastructure. diversion improvements, and Americans Consequently, local communities are with Disabilities Act(ADA) exploring methods to ensure new development pays its fair share of the true improvements; costs of growth. b) Pedestrian facilities: new sidewalk, In Harstad v. City of Woodbury, 916 sidewalk gap closures, and related ADA N.W.2d 540 (Minn. 2018), the Minnesota improvements; Supreme Court recently clarified that state c) Bicycle facilities: bicycle trails, statute does not provide the authority for separated multi-use or shared paths and cities to impose infrastructure fees to fund related ADA improvements; and future road improvements when approving d) Traffic calming and crossing subdivision applications under Minn. Stat. § improvements: curb extensions, speed 462.358, subd. 2a. Given the existing humps, median refuges, enhanced authorization to impose fees on new crosswalk markings, timed on/off development of other infrastructure, such as beacons, vehicle feedback signs water, sanitary and storm sewer, and for (dynamic speed signs), and other traffic park purposes, it is reasonable to extend the control devices. concept to additional public infrastructure and facilities improvement also necessitated Cities that receive municipal state aid by new development. (MSA)--those with populations above 5,000--may apply for and administer their Response: The Legislature should own SRTS grants. Non-MSA cities, even authorize local units of government to those with a city engineer on staff or impose infrastructure fees so new contract, must rely on the county to manage development pays its fair share of the off- any grant funds secured as well as to site, as well as the on-site, costs of public approve the project design. In some cities, infrastructure and other public facilities this requirement has led to project delays needed to adequately serve new and disputes with counties over project development. design and delivery. 102 Response: The League of Minnesota Transportation Board(STB) is not Cities supports changes to MnDOT rules requiring the private sector to pay. to allow small cities that have the capacity e) At-grade crossings are blocked by both to manage SRTS grants and projects to long moving trains and by trains that do so without county approval. stop and remain stopped, sometimes for LE-44. Railroads hours at a time. Blocked crossings delay Issue: Railroads impose far-reaching and motorists and sometimes prevent passage of emergency vehicles. long-term impacts on communities. The impact of railroads on communities has f) Difficulty and expense of imposing and become more pronounced in Minnesota as enforcing whistleblowing ordinances. the number and length of trains have g) Unabated graffiti on railroad cars and increased due to frac sand and crude oil structures. entering the state by rail to and from North Dakota. While railroads often support h) Negative impacts of long- and short- economic activity and can relieve pressure term storage of rail cars on adjacent on roadway and bridge infrastructure, they properties. also bring noise, environmental impacts and i) Pre-emption of local and state authority safety challenges. Below are some of the to regulate railroad activities. concerns cities have raised about railroads: Response: The League of Minnesota a) Local public safety personnel are Cities opposes legislation and policies that underequipped to respond to a potential disproportionately shift authority, costs derailment of a train carrying hazardous and/or liability away from railroad materials such as crude oil or nuclear companies and onto other entities. The products. railroad industry, along with state and b) The cost-share ratio related to roadway federal government, must: crossing improvements is borne a) Adequately mitigate the negative disproportionately by the public sector. impacts of railroads on communities; Some estimates are 80 percent public to 20 percent private funding, regardless of b) Allow local governments to enforce the public entity's ability to pay or the existing state and federal laws whether service is provided within the regarding the maximum time a community. Funding has not kept pace crossing may be blocked, and provide with the growing need for grade a mechanism to do so; separations. c) Provide that timely notice to the c) Legislation brought by the railroad impacted municipality is required in industry that would exempt railroads advance when a crossing or crossings from stormwater fees and assessments will be blocked by a stopped train; and shift the cost of complying with d) Require railroad companies to stormwater management to other provide a direct emergency response property owners. telephone number for city first d) The financial burden is faced by the responders (police, fire, ambulance or public sector to deal with mitigation other designated official) to call when improvements, a cost that the Surface an at-grade crossing is blocked, and the emergency services need this 103 crossing immediately unblocked to needs to implement a long-term strategy to continue their response; make better use of other airport facilities and e) Allow local governments to enforce existing resources, reduce environmental whistle-free zones; impacts, and achieve sound and sustainable economic growth throughout the state. f) Impose and implement safety standards that are in the best interest Aviation planning is a multi-layered effort of the public; with different levels of responsibilities. Currently, the State Airports System Plan is g) Equip and train local public safety put together by MnDOT with individual officials to respond to potential pieces developed by the Federal Aviation catastrophic rail incidents; Agency(FAA), Metropolitan Council (MC), h) Develop plans and identify funding and Metropolitan Airports Commission sources for more grade separations (MAC). Aviation planning could be between railways and roadways; and improved by a more unified statewide effort and coordination of the various aviation i) Fund and implement improvements to strategies through creation of an oversight rail car storage facilities. body. The public sector should not incur the Minn. Stat. § 360.017 establishes the State costs of improvements sought by the Airport Fund and authorizes the Minnesota private sector, and cities should not be Department of Transportation(MnDOT) required to fund most of the cost of Office of Aeronautics to support cities, crossing repairs or improvements. The counties and townships in the planning, federal government must exercise greater development, maintenance and safe oversight of the STB to ensure fair and operation of public airports. In recent years, equitable solutions are reached when in order to help balance the state's budget, dealing with cities in Minnesota. Finally, the Legislature transferred funds from the the Minnesota Department of State Airport Fund to the General Fund. Transportation's (MnDOT's) Office of Although the borrowed funds were Freight and Passenger Rail should eventually repaid in full, efforts to preserve advocate on behalf of local communities and improve the quality of airports when conflicts between cities and railroad throughout the state were hindered by the entities arise. unavailability of these revenues. LE-45. Airport Planning and The Minnesota Council of Airports Funding (MCOA), a membership organization for Issue: Airports are an essential component airport authorities and municipal entities of Minnesota's transportation infrastructure. who own airports, has led efforts to bring Airports in the State of Minnesota serve stakeholders together. Most recently, the important gateway to the region, the nation, MCOA established the State Airports Fund and global markets. They serve as a primary Committee to work with the MnDOT Office access point to our national airport system. of Aeronautics to discuss and advise future The Minneapolis St. Paul International management practices of the State Airport Airport(MSP) is critical to the movement of Fund. people and goods in and out of the state and Response: The state needs a higher degree even with all the planned improvements, it of integration of agencies (FAA, MnDOT, will eventually reach its capacity. The state MC, and MAC) and communities related 104 to aviation planning. The League of provisions go well beyond the federal Minnesota Cities supports the requirements. In some cases, the Minnesota collaborative efforts initiated by the Rules do not make sense for the community MCOA and supports the development of served by a public airport. a statewide airport advisory board,which Finally, in some cases airports cross could provide input, review and make multiple municipal jurisdictions. Neither recommendations to assist in development state law nor Minnesota Rules provide of a comprehensive statewide State powers for joint airport zoning boards. Airports System Plan. These boards could be useful in resolving The state needs to make planning and interjurisdictional issues involving airport investment decisions that will maximize planning, development, funding and zoning. the potential for airports to become Response: The League of Minnesota economic development centers that Cities supports efforts to protect the provide access to domestic and global safety and property of people living and marketplaces. Investments in airports working near public airports. The League allow existing businesses to remain and also recognizes that the Minnesota Rules grow, help attract new businesses, related to public airport zoning standards increase employment, and lower product exceed the FAA's and other states' and service costs for the benefit of the standards and, thus, needlessly infringe region. on local control. The League supports Finally,the Legislature should not changes to Minnesota Rules pertaining to authorize shifting of dedicated State airport zoning standards that will more Airports Fund dollars to resolve general closely align Minnesota's Rules with those fund deficits in other states,while at the same time retaining local authority to be more LE-46. Airport Safety Zones restrictive than the Minnesota Rules. The Issue: The field of aeronautics is regulated League also supports changes to generally by Minn. Stat. ch. 360 and Chapter Minnesota Statutes and Minnesota Rules 8800 of the Minnesota Rules. Land use that would authorize powers for joint safety zones and other public airport zoning airport zoning boards so issues related to standards are established in Minnesota Rules funding, staffing, and authority to enforce Chapter 8800.2400, and are adopted by local ordinances can be resolved at the local airport zoning regulations that are submitted level. to the Minnesota Department of Transportation(MnDOT) commissioner for review and approval before adoption. Airport safety zones are intended to restrict land uses that may be hazardous to the operational safety of aircraft using the public airport, and to protect the safety and property of people on the ground in the area near the public airport. While some of the provisions included in the Minnesota Rules are required by the Federal Aviation Administration (FAA), other 105 HUMAN RESOURCES & DATA PRACTICES HR-1. Personnel Mandates and b) Provide funding that pays the full Limits on Local Control costs of any mandated employment- related expenditures, including, for Issue: Many state laws increase the cost of example, the new sick leave mandates. providing city services to residents by requiring city governments to provide c) Avoid and eliminate expensive and certain levels of compensation or benefits to time-consuming duplicative legal public employees such as paid family and protections and processes for public medical leave and earned sick and safe time, employees,including those that by specifying certain working conditions, or preclude promotional probationary by limiting city governments' ability to periods. effectively manage their personnel d) Eliminate contradictory existing laws resources. For instance, existing state laws regarding public employment. limit governments' ability to effectively address incompetence or misconduct of city e) Eliminate mandates for local employees by specifying certain procedures government employers that are not or standards of conduct that cities must imposed upon the state as an follow. Additionally, state law limits the employer. tools that cities can use to recruit and retain f) Use the collective bargaining process talent which creates challenges during times established by state law, rather than of low unemployment and a competitive legal mandates,to determine benefits labor market. Finally, several laws are for employees covered by collective potentially contradictory and force local bargaining agreements. governments to choose which one to follow. HR-2. Earned Sick and Safe Time Response: Any new legislation and changes to existing legislation should meet Issue: The 2023 legislature enacted a law the following goals: requiring that all employers provide employees one hour of sick and safe time for a) Recognize the need for local decision- every 30 hours worked. This law required making authority by local elected employees to be eligible to accrue up to 48 officials with regard to the terms and hours in a year and 80 hours ongoing after conditions of employment for local the first year of employment. The law does government employees (e.g. allow not have any exemptions for seasonal local elected officials to determine employees or unique positions that cities employee compensation, employee may have such as paid on-call fire fighters, recognition and to make employee election judges, and paid councilmembers. benefit decisions, and allow greater For these positions, it is difficult for cities to flexibility in how cities may utilize apply the new law's requirements due to public funds for the recruitment and their unique and limited employee-employer retention of employees in an ever relationship. changing job market). 106 Response: The legislature should amend d) Evaluate the process by which cities Minn. Stat. § 181.9445, subd. 5 to receive notification of reporting incorporate a well-defined "public requirements and compliance issues employee" definition, not to include and make recommendations for unique positions in which there is not a improvement as needed. formal employer-employee relationship HR-4. Public Employment Labor such as paid on-call fire fighters, elected officials, election judges, or other non- Relations Act (PELRA) traditional positions. Issue: The League of Minnesota Cities HR-3. Pay Equity Compliance supports the purpose of the Public Employment Labor Relations Act(PELRA) Issue: In 1984, the Legislature passed the to balance the rights and interests of public Local Government Pay Equity Act to employees,public employers, and the eliminate sex-based wage disparities in general public. However, certain changes public employment. The Act requires each are necessary to assist public employers in local government to submit reports of its pay implementing this law. For example, current structure to the state's Pay Equity definitions of"public employee"are Compliance Coordinator within the confusing and difficult to manage. In Department of Management and Budget. addition, the arbitration process has The data is then subject to analysis to produced decisions that are contrary to the determine if there are inequities in the city's interests of the public, and the legal standard pay structure. Since its passage, the for overturning arbitration decisions is very administrative rules implementing the Act difficult to meet. Also, recent have not substantively changed. interpretations of Minn. Stat. § 179A.25 Response: The League of Minnesota (independent review of non-union employee Cities supports the Local Government grievances) has created uncertainty and Pay Equity Act and seeks to partner with confusion in the longstanding judicial the Legislature and the state's Pay Equity process used by courts to review city council Compliance Coordinator to update and administrative decisions,particularly improve the current system so that cities employment termination decisions of non- can more efficiently and effectively fulfill union employees. the mandated reporting requirements. Additionally, the 2023 legislative session Local governments and the state should: resulted in changes to PELRA that diminish a) Explore and document problems essential employer rights to conduct individual local governments are operations and provide public services. The experiencing, and evaluate whether new law removed number of personnel as an the problems are widespread and if inherent managerial right and added staffing they can be resolved administratively; ratios to the terms and conditions of employment subject to collective b) Evaluate the reporting process, and bargaining. It is unclear how this new make recommendations for condition would be bargained. Additionally, improvement as needed; limiting public employers from determining c) Review the methodology for analyzing the number of personnel hired for various pay equity data; and positions could hinder the ability to respond expeditiously in a crisis, limits their ability to be responsive to taxpayers, and subjects 107 them to risk if they are unable to meet decisions of Bureau of Mediation bargained terms due to external challenges Services (BMS) under this section are such as a competitive labor market. non-binding and merely advisory. Response: Minn. Stat. ch. 179A should be f) The League opposes legislation that modified to: would propose employer payment of grievance arbitration fees when a a) Change the definition of"public settlement is offered to a grievant and employee" under PELRA by declined. removing the existing 14-hour/67-day requirement and replace it with a g) League opposes legislation that definition in which employees must diminish or restrict inherent work an annual average of 20 hours managerial rights of public employers. or more per week. HR-5. Implications of Janus v. b) Exclude temporary or seasonal AFSCME employees, as well as unpaid Issue: Historically,both members and non- volunteers, from the PELRA members of public sector unions could opt definition of public employee in Minn. out of paying the portion of dues that Stat. ch. 179A. explicitly go to the union's political c) Provide different options for accessing activities. But,until recently, non-members arbitrators and utilizing the were still required to pay what was called a arbitration process in order to "fair share" fee, allegedly because even non- "address inequities" between union members receive the benefits of union and management representatives. representation. Union dues are deducted d) Allow public employers to bypass from employee paychecks by employers mandatory arbitration required under based on notification of membership PELRA and directly access the provided by labor unions. district court or Office of Overruling decades of precedent, in June Administrative Hearings system in 2018, the U.S. Supreme Court ruled it is situations where an employee is being unconstitutional for public employees who terminated for gross misconduct(e.g., object to belonging to a union to be required excessive use of force, sexual to pay a fair share fee. (Janus v. AFSCME). harassment, sexual abuse, theft or a Specifically, the Supreme Court held that felony conviction) that is related to the laws compelling fair share dues from employee's position with the public unwilling members violated the First employer, including establishment of a Amendment by requiring these employees standard that defers to the public to, in effect,pay for speech with which they employer's decision on termination if do not agree, and that affirmative, voluntary it has met a standard of consent is required for dues deduction. reasonableness. Given the degree of uncertainty about the e) Repeal Minn. Stat. § 179A.25 or, in implications of the ruling, public employees lieu of repeal, exclude employment are seeking information about their terminations from Minn. Stat. constitutional rights regarding labor union § 179A.25; require a 60-day membership and associated dues. The timeframe for filing a petition for Minnesota Public Employment Labor review of a grievance under Minn. Relations Act defines unfair labor practices Stat. § 179A.25; and clarify that 108 ("ULPs") to include dominating or voluntary consent to dues deduction; interfering with the formation, existence, or and administration of union membership. To c) being forced to pay the direct cost of avoid a potential allegation that they have employee representation by unions. engaged in unfair labor practices, if employees seek information about union HR-6. Essential Employees membership from their employers, Issue: Cities must balance the health, employers often refer their employees to welfare, and safety of the public with the union representatives for additional costs to taxpayers. Essential employee status information. The Minnesota Bureau of removes the right to strike but gives the right Mediation Services (BMS) is the state to mandatory binding arbitration. This status agency charged with providing technical can result in arbitration awards that exceed training and information on collective the city's budget or conflict with the city's bargaining for the public sector in Minnesota. BMS would be an ideal resource compensation policy. for employees to find critical information Response: The Legislature should about labor union membership, particularly carefully examine requests from interest in the wake of the recent Supreme Court groups seeking essential employee status ruling. under Minn. Stat. ch. 179A(PELRA). Additionally, as public sector unions are The League of Minnesota Cities opposes examining methods to compensate for fair legislation that mandates arbitration that share revenue that may now be lost, laws increases costs and removes local have been proposed in states outside of decision-making authority. Minnesota, which preempt the bargaining The League supports a mandate for Final process and impose new requirements on Offer/Total Package arbitration for all public employers. Some of the proposed essential groups on a trial basis. The requirements are designed to help unions League also supports a change in the market their services to their members or to PELRA law that would strengthen require the public employers to pay the costs existing language (Minn. Stat. § 179A.16, of collective bargaining. subd. 7) requiring arbitrators to consider Response: To ensure that both public a public employer's obligation to employers and public employees efficiently manage their operations. successfully navigate the current Specifically,the statute should be unknowns following the Janus decision, amended to require arbitrators to take the League of Minnesota Cities urges into consideration any wage adjustments BMS to provide and disseminate already given to or negotiated with other information to employees about union groups—both union and non-union for membership across the state. The League the same employer in the same contract also urges the Legislature to act to protect year. public employers against: HR-7. Re-employment Benefits a) ULP charges when providing factual Issue: Cities are often required to help pay information to employees about union the benefits of workers who have initially membership; been denied benefits through their b) ULP charges when requiring unions employment with the city but later been re- to provide original documentation of employed by a different employer; 109 sometimes this occurs when the employee pension plans. The legislation included has been found to have committee gross benefit reductions for active employees, misconduct while employed by the city. contribution increases for Police and Fire Additionally, employers are prohibited from Plan employers and active employees and a entering into agreements with employees not modified cost of living adjustment(COLA) to contest or appeal payment of for retirees. unemployment benefits as part of a The 2023 omnibus Pensions bill settlement agreement at termination of appropriated a total of$485.9 million in employment. Because most cities are one-time state aid, allocated to the plans "reimbursement employers,"the majority of roughly on the basis of accrued liabilities, the cost of benefits paid to the employee are and provided a one-time COLA increase. at the direct expense of the city. The ability Due to the one-time nature of budget target to enter into such an agreement can greatly for the Pensions bill, no significant aid a city in reaching a settlement at a structural changes were made to PERA relatively low-cost to the city's taxpayers. plans. Response: Cities should not be forced to The bill also reduced the actuarial pay benefits as base wage employers if the assumption for investment return from 7.5% employee is determined to have to 7%, effective June 30, 2023, and reduced committed gross misconduct during their the number of years of service required for employment with the city, even if the full vesting from five years to three years for employee voluntarily resigns. In addition, all members of the PERA General Plan. cities (as reimbursement employers) Response: The League of Minnesota should be allowed to enter into Cities supports the sustainability agreements with employees to not contest modifications enacted by the legislature in a determination of eligibility for 2018 and continues to oppose any benefit unemployment benefits where the improvements for retirees or active employer and employee mutually agree to employees until the financial health of the this as a term of separation. General Plan and the Police and Fire Plan HR-8. Public Employee Defined is restored. Benefit Pension Plans For the PERA General Plan, any further Issue: Public pensions are an important increases in employer contributions employee benefit that can help cities attract should only be considered by the and retain employees. However,unlike Legislature after other measures have salary and other employee benefits that are been considered, including: established by each city, the pension a) An increase in employee contributions contribution rates and benefit levels are set so that employees and employers truly by the state legislature. Benefit levels and bear the same responsibility to bring plan costs must be carefully balanced to the pension plans to full funding; or assure long-term sustainability of the b) The removal of the cap on PERA pension plans and affordability to employers and employees. Pension Aid payments under Minn. Stat. § 273.1385 and the extension of In 2018, the Legislature enacted a major the aid program after FY2020, so the pension reform package to improve the state equalizes the contributions of long-term financial status of the PERA employees and employers. 110 The League also supports: Legislature after other measures have a) Fully offsetting the additional been considered, including: unfunded liability of any proposed a) An initial increase in the employee employee contribution reduction with contribution of at least 1.0% of salary direct state aid to the plan. with subsequent increases split evenly b) Modifications to the PERA eligibility between employee and employer so guidelines to take into account that the contribution ratio moves temporary, seasonal, unique part- toward a more equitable split between time, and student employment employees and employers; or situations in cities, particularly in b) An additional state general fund recreational operations. These appropriation to fund the deficiency modifications should include the use in police and fire pension aid of pro-rated service credit, which payments so that the state equalizes would make PERA consistent with the the contributions of employers and other major Minnesota pension plans. employees. c) A comprehensive review of exclusions c) Increasing the minimum and full from pension participation with the retirement ages for new PERA Police goal of simplifying current eligibility and Fire plan participants. guidelines. Such a review should also d) Implementing a contribution-based include a possible revision of current benefit formula that would align penalties for employers that fail to benefits payable with contributions report covered employees to ensure made on behalf of an employee in that these penalties are not overly order to address high-five spiking harsh and punitive. issues. d) The transfer of all school district The League also supports: employees out of the PERA General Plan and into another fund that is a) Maintaining the current 60/40 more appropriate for school district contribution split between employers employees as long as the change would and employees. not negatively impact the financial b) Fully offsetting the additional health of the pension funds nor result unfunded liability of any proposed in employer contribution increases. employee contribution reduction with The continued authority of cities to direct state aid to the plan. effectively use retirees in reemployment situations. The League c) Maintaining the statutory changes supports policy changes which would made to Minn. Stat. § 353.01 in 2007 include an increase in the earnings that separate injuries resulting from threshold for such retirees and "hazardous duties" from injuries supports keeping the required break resulting from "non-hazardous in service at 30 days and opposes duties" for purposes of police and fire suspending payments to retirees. disability retirement benefits. For PERA Police and Fire, any further d) A thorough study by PERA of the increases in employer contributions current effects of overtime should only be considered by the accumulation and outside employment compensation on individual pension 111 benefits and the overall funding of the medical examinations and other plan. The study should also include relevant personnel data and to recommendations on whether the broaden the basis for appealing overtime or outside employment disability determination decisions. should be factored into or excluded HR-9. Deferred Compensation from high five average wage calculations. Issue: Cities and other local units of e) Allowing cities,including cities with government have been offering employees combination (full-time and paid-on the option to invest in deferred call staff) fire departments, to work compensation programs under 457(b) of the with their fire relief associations to federal Internal Revenue Code. Minn. Stat.§ determine the best application of fire 356.24, subd. 3 imposes requirements for state aid. the plan administrator or vendor of a deferred compensation plan to: (1)provide For PERA Corrections Plan the League the fee disclosure document to the plan's supports: participants, and(2) file the fee disclosure a) Maintaining the current definition of document with the executive director of the covered employees for the PERA LCPR(Legislative Commission on Pensions corrections plan,which does not and Retirement) within 30 days of the end of include dispatchers due to the each fiscal year of the plan. If a 457(b)plan substantial differences between the administrator or vendor fails to comply with job responsibilities of dispatchers and the reporting requirements, the plan would the existing corrections positions potentially be an unlawful recipient of covered by this plan. public funds that are made by a city on behalf of an employee. b) Fully offsetting the additional unfunded liability of any proposed These new requirements are ambiguous and employee contribution reduction with confusing. For example, it is unclear direct state aid to the plan. whether the prohibition on contributing "public funds"to a 457(b)plan includes For all PERA defined benefit plans the situations where cities allow unused leave or League supports: unused health insurance contributions to be a) Adjustments to the benefits for active converted to a monetary contribution. members and retirees to reduce the The law should also specify that any cost of the plans. deferred compensation plan authorized by b) Requiring special legislation for Internal Revenue Service regulations for individual employee pension benefit local units of government are also increases be initiated or approved by authorized by the state. the city council of the impacted city Response: The Minn. Stat. § 356.24, subd. unless the cost of the benefit increase 3 reporting requirements enacted in 2020 is fully covered by the individual or for 457(b) deferred compensation plans the legislation addresses a clerical or are confusing, unclear and unnecessary administrative error. and should be repealed.At minimum, the c) Requiring PERA to collect and requirements need to clearly define what consider all employer-provided constitutes public funds, and exempt information, including independent public employers that do not contribute 112 public funds to a 457(b) plan from the time funding appropriated is expected to run reporting requirements. In addition,the out in approximately three years. law should be amended to include all IRS- Response: The League of Minnesota approved deferred compensation plans Cities supports the following legislative that are authorized for local units of actions to adequately fund the continued government. health insurance mandate: HR-10. Continued Health a) The state must fully fund programs Insurance for Duty Disabled Peace that pay for health insurance for Officers and Firefighters police and fire employees injured in Issue: Minn. Stat. § 299A.465 requires the line of duty and dependents of public employers to continue health police and fire employees killed in the insurance benefits for firefighters and peace line of duty as originally required officers injured in the line of duty. When the under Minn. Stat. § 299A.465. law was enacted in 1997, it contained a b) The legislature must avoid further provision requiring the Department of expansion of eligibility for benefits Public Safety(DPS)to reimburse employers under Minn. Stat. § 299A.465 unless for the full amount of administering this 1) full funding for benefits is provided benefit. by the state; and 2) beneficiaries can By 2002, the fund created to provide this be enrolled in a state health insurance benefit became deficient. Instead of plan such as the Public Employees increasing the fund, the 2003 Legislature Insurance Program (PEIP). amended the law to pro-rate reimbursements c) Cumulative injuries that occur over to cities based on the amount available and time in the job should not qualify a the number of eligible applicants. The 2003 police officer or firefighter for benefits law change triggered a significant and under Minn. Stat. § 299A.465 since unanticipated cost to cities. The cost has these types of cumulative injuries are increased every year for cities, and the not unique to the dangers of police funding for the account has never been officer and firefighter duties. increased. Even if the health insurance d) The legislature must clarify that the benefit was discontinued entirely, the costs amount of an employer's contribution for existing recipients will substantially under Minn. Stat. § 299A.465 is no increase well into the future due to the greater than that given to active growing cost of health insurance. employees in the same job class. In 2015, the Legislature expanded the health e) The legislature must establish the insurance benefit to include survivors of minimum criteria used to determine volunteer firefighters who die in the line of ability to work and set a percentage duty. This change increased the number of threshold of disability for eligibility firefighters eligible for this benefit from into this program. At a minimum, the 2,000 to 20,000—without increasing legislature must identify that a funding for the reimbursement account. workers' compensation determination A League-supported bill that passed in 2023 as to whether the injury is work- reinstated full funding to reimburse related is necessary in order to receive employers for the cost of the continued the benefits under Minn. Stat. § health insurance benefit; however, the one- 299A.465. 113 f) Employees who receive a police and a) Opposes legislative action that fire disability retirement benefit and undermines local flexibility to manage accept another job that offers them rising health care costs. group health benefits should be b) Encourages the Legislature to required to pay for their group health carefully examine the costs and benefits with the city should they administrative impacts of any new, decide to continue them. The mandated insurance-related benefit legislature must amend Minn. Stat. § before imposing it upon city 299A.465 to reflect that employees are employers. required to inform the city when they become eligible for coverage under c) Supports changes to Minn. Stat. another group plan and that failure to § 471.6161, subd. 5, that would clarify do so is grounds for termination from the intent of the subdivision is to the benefits granted under Minn. Stat. address changes in cost vs. changes in § 299A.465. value (e.g., changes in provider g) The legislature should establish a task networks, changes in benefit levels required by an incumbent insurance force to study the long-term costs of carrier, changes required for this program, including funding for compliance with state and federal an actuarial consultant, and make laws, including those needed to avoid recommendations on changes to make incurring the federal excise tax known it more financially feasible for as the "Cadillac Tax"). Minnesota taxpayers. d) Supports changes to Minn. Stat. HR-11. Health Care Insurance § 471.61 so that the requirement for Programs cities to offer retiree coverage begins Issue: Cities, like other employers in the on the date the retiree and/or state, are struggling with the rising costs of dependents become eligible for federal health care insurance for their employees. In Medicare coverage. addition, cities must cope with unfunded e) Supports a clarification to Minn. Stat mandates imposed on them by the § 471.61 and to Minn. Stat. § 471.617 Legislature such as the requirement to pool to explicitly alleviate a city's early retirees with active employees and the responsibility to comply with group requirement to bargain over changes in the health benefits mandated by state law "aggregate value" of benefits, even when the when the city's employees are covered city's contribution has not changed. under a union plan authorized by Response: The League of Minnesota federal statutes. Cities supports legislative efforts to f) Supports statutory authorization for control health insurance costs while cities to collect up to a two percent maintaining quality health care services. administrative fee from retirees However, cities have differing local needs receiving post-retirement health and circumstances and must retain the insurance benefits. flexibility to provide unique and creative solutions to the rising costs of health care g) Opposes any mandatory, centralized, insurance for their employees. The statewide health insurance option for League: active or retired city employees. 114 h) Supports changing Minn. Stat. § Response: Legislative action is necessary 62A.21 to place reasonable limits on to address increasing workers' health care continuation for former compensation costs, particularly rising spouses, similar to the Federal medical costs. The League of Minnesota COBRA law. Cities supports: HR-12. Workers' Compensation a) Use of the Workers Compensation Advisory Council (WCAC) system to Issue: Rising medical costs are an increasinglyconsider proposals for changes to the serious problem for all workers employers and insurers, and now represent compensation law and urges the WCAC and the Legislature to over half of all loss costs within the approve medical cost containment workers' compensation system. Medical reforms. costs will be a major driver of future workers' compensation premium increases. b) Filling an existing WCAC employer In addition, the 2013 legislature added post- vacancy with a public-sector employer traumatic stress disorder(PTSD) as a representative or adding a designated compensable injury and in 2014, a public-sector employer representative Minnesota Supreme Court decision found to the WCAC. that provisions in the Workers' c) Continuing the WCRA as the Compensation statute which allow workers mandatory workers' compensation compensation benefits for permanent and reinsurer for insurers and self- total disabilities to be offset by disability insurers in Minnesota and supports benefits and pension benefits such as Social modifying state statutes to treat PTSD Security does not apply to retirement events involving several affected benefits of the Public Employees Retirement parties as one occurrence for retention Association. In 2018, the Legislature purposes, thereby reducing the modified Minn. Stat. § 176.011, subd. 15, exposure of self-insured entities and which defines an occupational disease to add the statewide insurance pools. Such a a rebuttable presumption to a diagnosis of change would not have any effect on PTSD in certain public safety and related the benefit an individual employee personnel. In 2020, the legislature initially would receive. modified Minn. Stat. § 176.011, subd. 15 to temporarily add a diagnosis of COVID-19 d) Legislation that would disallow the for peace officers, firefighters,paramedics "stacking" of PERA retirement and other defined employee classes as a benefits and Workers Compensation presumed occupational disease covered by benefits due to the fact that some the workers' compensation system and this injured employees could receive total presumption was extended through January compensation from workers' 13, 2023. The Minnesota Legislature also compensation and PERA retirement regularly considered proposals to expand the benefits that would be well above the heart, lung and infectious disease salary that they had been earning and presumptions for public safety workers, and the fact that the costs would ultimately to make the presumptions more conclusive be passed on to cities and their and difficult to rebut. These types of benefit taxpayers. expansions would further increase municipal e) Extending the time limit on denials of workers' compensation costs. liability for PTSD injuries from the 115 current 14 days in order to allow compensation claim impacts the diagnosis in accordance with the employee, the employee's family and the requirements contained in the employee's organization. Diagnostic and Statistical Manual of b) The current system for processing and Mental Disorders (DSM) which guides addressing duty disability benefits can the diagnosis of PTSD under be incompatible with the goal of Minnesota Law(Minn. Stat. § restoring good health and returning 176.011, subd. 15). employees to work. The League opposes expansion of c) The fiscal impact of the increasing workers' compensation and related health number of claims is unsustainable for insurance benefits because of the employers and,ultimately, taxpayers. potential for dramatically increasing costs to cities. Specifically,the League opposes d) Public safety agencies, particularly those expansion of the heart,lung and that are very small and already infectious disease and PTSD experiencing recruitment and retention presumptions, the creation of new challenges, will not remain viable if they occupational disease presumptions as well continue to sustain significant personnel as any expansion of the law that would losses. require payment of health insurance Given these concerns, in 2023 the League premiums. and other stakeholders helped secure HR-13. Public Safety Duty passage of legislation that establishes mental Disability injury prevention and treatment measures and provides $104M to pay for related costs. Issue: The League of Minnesota Cities and The bill also provides full reimbursement to the communities it serves recognize the employers for the continued health inherent dangers faced by peace officers and insurance requirement for disabled firefighters in the line of duty. The duties employees. The funding for the legislation is performed by public safety employees one-time, and ongoing funding will be sometimes lead to physical and mental needed to successfully address ongoing duty injuries. disability challenges. In recent years, the number of public safety Additionally, the League and cities across employees seeking duty disability Minnesota have invested resources into determinations through the Public mental and physical injury education, Employees Retirement Association (PERA) prevention and treatment. The League has and making workers' compensation claims also consulted with experts, including those for line-of-duty injuries has accelerated. experienced with treating combat veterans, This is particularly true in the wake of a who report that with successful treatment, 2019 legislative change that made post- many injured public safety employees can traumatic stress disorder(PTSD) a achieve optimal outcomes of restoring good presumptive condition for workers' health for themselves, their families and compensation purposes. The League is returning to work. The League is actively concerned about these trends for the working with cities and other stakeholders, following reasons: including public safety labor representatives, a) Every injury that leads to a PERA duty to advance the following: disability retirement and/or workers' 116 a) Normalizing conversations about mental Response: In order for the 2023 duty health within local government disability law to be effective, ongoing state organizations and their public safety funding is necessary. The League of departments; Minnesota Cities supports ongoing full b) Promoting statewide peer support best state funding for: practices and training programs; a) The Public Safety Officer Benefit c) Identifying ways to promote cultural Account that reimburses employers behaviors that enhance public safety for providing continued health physical and mental wellness; insurance to police officers and firefighters injured in the line of duty d) Educating stakeholders (employers, and dependents of those killed (Minn. employees and state and local leaders) Stat. § 299A.465); about PTSD signs, symptoms, treatment options and outcomes; b) Reimbursement to local governments for providing paid time off to public e) Gathering empirical evidence related to safety employees who experience treatability of mental injuries; work-related trauma and/or are f) Develop human resources guidance that seeking treatment for a mental injury; focus on: c) Initiatives and programs that provide 1) Enhancing relationships between peer support, emotional trauma public safety and human resources training, early intervention and managers to coordinate and mental health treatment; and streamline prevention of, and d) Emotional trauma training for pre- response to, duty disability injuries; service and in-service public safety 2) Implementing best practices and officers. initiatives aimed at improving mental HR-14. Drug and Alcohol Testing health wellness and preventing and in the Workplace coping with PTSD; 3) Providing early Issue: Employer testing of job applicants is intervention/resources for public governed by Minn. Stat. § 181.950— safety employees who experience 181.957 and is known as the Drug and work-related trauma; and Alcohol Testing in the Workplace Act (DATWA). It applies to all employers with 4) Providing paid time off or light duty one or more employees, including cities. for public safety employees who The DATWA has not been amended for experience work-related trauma; many years to reflect various and significant g) Identifying resources (partnerships)to changes in drug-testing technology nor help temporarily backfill positions so policy changes at the federal level. employees may take needed time off The DATWA prohibits an employer from without losing their jobs or causing terminating an employee for a positive hardship for employers/agencies; and controlled substance test without first h) Developing best practices for return-to- providing the employee a chance for duty following a mental injury. rehabilitation and treatment. This law applies to probationary employees as well as those who have completed probation. 117 Currently,breathalyzer use and saliva swabs d) The legislature should continue to are permitted for alcohol testing under invest funds into research to develop federal commercial driver testing laws technology that can assist with though Minnesota does not allow for the use determining cannabis intoxication in of breathalyzers in testing. Use of the workplace. breathalyzers for employee alcohol testing is HR-15. Veterans Preference a less invasive, less expensive method. In addition, federal commercial driver testing Issue: Cities have a long history of laws address a number of outcomes other recruiting and hiring veterans as they are a than a positive test result, including but not natural fit in city government. Across the limited to tampering with a sample, state, cities are partners in working with and providing a substitute sample,providing a ensuring veterans have a variety of sample that is not human urine, providing a opportunities afforded to them given their sample that is not capable of being tested, sacrifice and service. The purpose of the etc. State law is silent on these outcomes. Minnesota Veteran's Preference Act(VPA) Finally, a new law enacted during the 2023 is to facilitate the transition of veterans from legislative session legalized adult-use the military to civilian life and to help cannabis in Minnesota and updated laws compensate veterans for their sacrifices of related to drug and alcohol testing in the health and time to the community, state and workplace. Currently, testing for cannabis nation. The VPA grants veterans limited can show evidence of usage for up to 30 preference over nonveterans in hiring and days prior to testing and there is no test promotion for most state and local available to determine an employee's government employment to recognize the current intoxication from cannabis. This training and experience they received as a creates challenges for employers when result of serving in the military. It also investigating workplace incidents in which provides local government employees who an employee is suspected to be intoxicated are veterans some protection against unfair by cannabis while working. demotions and dismissals. These preferences and protections are commonly referred to as Response: The League of Minnesota "veteran's preference" and are codified in Cities supports the following changes to Minn. Stat. § 43A.11, 197.455, 197.46, the DATWA: 197.48, and 197.481. a) Updates to reflect new issues, such as Once a veteran has completed an initial adding new definitions as needed to probationary period upon hire, they cannot reflect current practices; be removed from their position or b) Clarification that a positive controlled employment, except for incompetency or substance test during probation does misconduct shown after a properly noticed not require the employer to provide hearing. Currently, a veteran can only be an employee who has not completed placed on probation upon hire but not probation a chance for rehabilitation following a promotion. It is common and treatment; and practice to place employees on probation following employee promotion making this c) Permitting the use of breathalyzers restriction inconsistent with current practice and saliva swabs as acceptable and procedure. technology for determining alcohol use. Termination hearings are held before the local civil service commission or before an 118 arbitrator and Minn. Stat. § 197.46 allows a Government employers honor and recognize veteran to choose a hearing before the local the importance of ensuring members of the civil service commission, or an arbitrator. military are able to fulfill their duties and Members of civil service commissions are participate in mandatory training, while also chosen for their expertise and experience aiming to ensure that public safety service in with employment law. Hiring an arbitrator their community is efficient, seamless, and for a hearing instead of utilizing an cost-effective. In response to this issue, there established civil service commission is have been recent legislative proposals to inefficient. reimburse local units of government for Response: The League of Minnesota military leave paid to public safety Cities recognizes the important personnel. contributions veterans have made and Response: The League of Minnesota supports giving veterans limited Cities supports state funding to ensure preference in employment. To strengthen that local units of government can and improve the VPA, the legislature maintain quality and cost-effective public should: safety services in their communities and a) Allow cities to place veterans on for their taxpayers while also offering full probationary periods upon promotion support for employees who are members as they do with other employees; and of the military. Such state funding could include reimbursement of costs incurred b) Restore the language in Minn. Stat. § to local units of government related to 197.46 requiring a hearing to be held compensating personnel on military leave before a local civil service commission as well as reimbursement for costs related where one exists. to ensuring these temporary vacancies are HR-16. Military Leave adequately filled. Reimbursement HR-17. Tele-Health Exams Issue: Minn. Stat. § 192.26 subd. 1, requires Issue: Technology improvements are local units of government to provide 15 days creating new ways to approach many city of compensation per year to employees who functions. Specifically, the increased are members of the military for military acceptance of the use of tele-health (audio leave. State laws give preference to hiring and video, web-based) exams creates an veterans for public sector jobs, and, veterans opportunity for cities to access and use are a natural fit to also serve as public safety psychologists with specific expertise in personnel. As such, many public safety public safety as part of the hiring process for personnel are often also members of the police officers. However, the Peace Officers military and are required to conduct training Standards and Training (POST) Board has and military duties throughout the year. adopted a position prohibiting the use of In addition to providing compensation for tele-health exams for the required mandatory military leave, cities must also psychological oral interview/evaluation ensure that these temporary vacancies are prior to hiring. adequately filled by public safety personnel Response: The League of Minnesota whose training and qualifications are unique Cities supports the use of tele-health to providing public safety. This can result in (audio and video,web-based) exams to added overtime costs and may impact public meet the requirements of the POST safety service levels. Board for a psychological oral 119 interview/evaluation prior to hiring a Association(PERA)has reviewed job police officer candidate. descriptions for other positions in a fire department including assistant fire marshal, HR-18. Public Employees fire marshal, assistant chief, and deputy Retirement Association Police and chief, and determined that none of these Fire Plan Membership Eligibility positions are eligible for membership in the for Fire Department Employees PERA-P&F Plan. PERA determined that although the fire marshal and assistant fire Issue: According to Minn. Stat. § 353.63, marshal may have to report to a fire and do "It is the recognized policy of the state that have some risks associated with entering a special consideration should be given to dwelling post-fire, they are not eligible for employees of governmental subdivisions membership in the PERA-P&F Plan based who devote their time and skills to on the primary duties of the job not being protecting the property and personal safety that of a firefighter(extinguishing fires). of others." Since this work is hazardous, PERA also determined that the assistant special provisions are made for retirement chief and deputy chief positions also do not pensions, disability benefits and survivors have a regular duty to extinguish fires or benefits based on the particular dangers work as a firefighter. The current inherent in these occupations. The benefits interpretation of the statute allowing for a provided in the Public Employees single person in charge of the fire Retirement Association Police and Fire department to be members of the PERA- (PERA-P&F) Plan are more costly than P&F Plan only applies to the fire chief. similar benefits for other public employees Recruitment into fire leadership roles, which since they are computed on the basis of a may come from other jurisdictions, is an shorter working lifetime taking into account important tool in a city's workforce toolbox experience which has been universally in order to provide public safety to residents. recognized. Further, participation in the The statute does allow that if a person is PERA-P&F Plan for fire department transferred/promoted from an eligible employees is a valued benefit for the public PERA-P&F Plan position, then the city can service provided to residents. file a transfer resolution to keep them in the For a member of a fire department to be PERA-P&F Plan. However, this only eligible for membership in the PERA-P&F applies to current employees in the same Plan, the primary duties of a person's jurisdiction and limits the ability for position must include extinguishing fires. departments to competitively hire leadership Inconsistent interpretations of the word positions from out of the state or from other "primary"have been encountered by jurisdictions. multiple cities and departments. In its current form and interpretation three Firefighters and the fire chief position are issues negatively impact recruitment into eligible for PERA-P&F Plan membership fire departments: due to Minn. Stat. § 353.64 subd. 1 (2) 1. The primary duties of the executive which defines membership as "a full-time chief officer positions of assistant chief and firefighter or a person in charge of a deputy chief are command and control of designated fire company or companies who fire companies at emergency scenes. is engaged in the hazards of firefighting." Primary is understood to mean the highest The Public Employees Retirement priority task and a job requirement that the 120 employee respond on a regular basis to the in the PERA-P&F Plan regardless of fire and other emergency calls that are whether the employee was hired from received both during and after the within the department or was hired employee's established work hours. externally,if they routinely respond to 2. Fire marshal and assistant fire fire emergencies to support firefighting marshals conduct fire cause determination efforts and are exposed to the risks and investigations which take place inside hazards of fire scenes. buildings that have been structurally Data Practices compromised by fire and are exposed to the same carcinogens present and recognized as DP-1. Data Practices Compliance known hazards of firefighting. Additionally, Costs the fire marshal and assistant fire marshals Issue: The purpose of the Minnesota respond to support fire ground operations in Government Data Practices Act(MGDPA) support of the command structure. is to protect personal information from Responding to an emergency scene is the indiscriminate disclosure while balancing fire marshal's and the assistant fire the right of the public to know what the marshal's primary job requirement. Primary government is doing. The Act also attempts is understood to mean the highest priority to balance these rights within a context of task and job requirement that the employee effective government operation. The League respond on a regular basis to the fire or other of Minnesota Cities supports the public emergency calls that are received both policy behind the MGDPA while during and after an employee's established acknowledging that compliance with the law work hours. imposes costs on local taxpayers. Smaller 3. Fire departments currently have cities struggle with limited staff and some employees serving in these leadership resources while larger cities struggle with positions in the PERA-P&F Plan and some larger complex databases. The MGDPA who are not. The only difference is that must balance the right of residents to access some were once firefighters and others were public data with the cost to municipalities of not. This difference in benefits for the same complying with certain types of data job classification makes recruitment requests. difficult, as these positions are open to In 2014, the Legislature imposed additional internal and external candidates. Further, as security requirements on political the response to emergency scenes including subdivisions in an attempt to prevent fires is their primary job responsibility, they unauthorized individuals from accessing need the same benefits as others in the private data. Adequate security measures are PERA-P&F Plan because a debilitating important,but they make compliance with injury or illness would mean that they would the MGDPA more difficult and costly. no longer be able to perform their primary Although the Legislature has made responsibility and could not be compliance with the MGDPA a priority, accommodated permanently causing loss of funding for the Data Practices Office of the employment in the position. Department of Administration, the Response: The legislature should clarify department charged with overseeing the that positions such as fire marshal, MGDPA, does not reflect the increased need assistant fire marshal, assistant chief, and for local government assistance. deputy chief are eligible for membership 121 Cities continue to receive repetitive, overly b) Providing state funding for statewide broad and far-reaching data requests that data practices training. require significant staff time to locate c) Allowing political subdivisions to government records, redact private data or charge for the staff time that is data unrelated to the request, and assemble required to comply with wide-ranging documents to be provided in order to data requests regardless of whether comply with requirements to provide access copies of the data are requested or to public government data. Cities are allowing political subdivisions to experiencing significant increases in wide- charge for actual costs for collection of ranging data requests, often utilizing specific data when the requestor makes his or word searches through multiple databases. her own copy of the data by taking a "Word search"requests typically result in a photo,bringing a copy device, etc. voluminous quantity of data that must be reviewed and redacted, with significant staff d) Providing a mechanism that would cost. Because word searches retrieve even permit cities to challenge whether a incidental references to the searched term, data request is reasonable and made the search results often contain a significant in good faith. volume of data that has little informational e) Creating and funding an value. If the requestor does not request ombudsperson position in the Data copies, the search costs cannot be recovered Practices Office to determine —even though the requestor dictated the reasonableness and proportionality of specifics of the search. data practices requests. Furthermore, in some situations, as with fj Providing funding and authority to overly broad data requests related to the Data Practices Office to engage in "applicant" lists, staff time and costs are the rulemaking process to establish significantly increased and not recoverable standards and procedures related to for very limited public benefit. The MGDPA requests and responses to data also limits the ability of cities to be practices requests that impose reimbursed for responding to requests. significant burdens on government Cities are limited to charging only 25-cents entities. per page for copies of police motor vehicle g) Amending the MGDPA to limit what incident reports, which does not cover the is considered public applicant data to city cost for copying, while the better balance the value of public data Commissioner of Public Safety is exempt with the cost related to data practices from this restriction—thereby permitting the compliance. Department of Public Safety to continue to charge $5 for incident reports that cities are h) Allowing political subdivisions to required to submit to the department. charge the same amount for copies of motor vehicle incident reports issued Response: As the cost of complying with by local police and fire departments as the MGDPA increases, the League the commissioner of public safety. supports: The League of Minnesota Cities opposes: a) Providing additional state funding to assist political subdivisions with a) Further increasing the maximum meeting the increasing complexity of exemplary damages that courts may managing government data. impose against government entities, 122 including cities, found to have violated through the records retention schedule the MGDPA; further increasing the process. maximum civil penalty that may be DP-3. Updating the Minnesota imposed when a court order is issued to compel a government entity to Government Data Practices Act comply with MGDPA; or any Issue: The Minnesota Government Data statutory change that would make it a Practices Act(MGDPA) was first enacted in mandatory civil penalty to compel 1979. Over 40 years later, times have compliance under the MGDPA. changed dramatically. In particular, there b) Repealing of the administrative has been exponential change in technology. remedies provisions adopted by the In 1979, cities were largely maintaining data 2010 Legislature to address disputes in paper form, computers had just become regarding MGDPA compliance issues. viable for home users, word processing had just become a reality, the first point-and- DP-2. Records Retention shoot, autofocus camera came on the Compliance Costs market, and the internet was still about a Issue: The Official Records Act requires decade on the horizon. government entities to "make and preserve While the MGDPA was originally drafted to all records necessary to a full and accurate be future thinking by contemplating the knowledge of their official activities." In various forms data could be held—including accordance, cities must establish a records the concept of storage media—the retention schedule, and maintain and destroy legislators of the time could not have official records according to this schedule. imagined where technology would be today. There are rigorous requirements for any For example, the originally-drafted MGDPA changes to a city's records retention made reference to photostatic, schedule, including getting approval from microphotographic, or microfilmed records. the statutorily-created Records Disposition Minn. Stat. § 13.03, subd. 1. The current law Panel, which strikes an appropriate balance still refers to these same mediums of data, between the government entity's decision- despite few cities maintaining data in this making role in determining retention and manner. disposition of official records with the Technology has exploded, and the type of public's right to know the government data collected by this new technology has entity's official activities. multiplied. In our current reality, the public Response: As the cost of complying with and government have been frustrated by the records management laws increases, how best to access government data. In the League supports providing additional Webster v. Hennepin County, 910 N.W. 2d state funding to assist political 420 (Minn. 2018), the County was asked to subdivisions with meeting the increasing conduct a computer-aided search of all its complexity of managing government email accounts over multiple years for 20 records. separate search terms related to biometrics The League of Minnesota Cities opposes and facial recognition. The Minnesota changing the current record management Supreme Court found that the County failed requirements and statutory definitions. If to establish procedures to ensure appropriate changes are needed, subject matter and prompt compliance with data requests experts should make recommendations but did not find that the County failed to 123 keep its records in an arrangement and data in circumstances where information condition to make them easily accessible for technology is utilized to facilitate the convenient use. The Court also did not management and organization of records address if a term search was a valid data and information which often includes public, practices request or if a request could be private, and nonpublic data within individual unduly burdensome. The lack of direction data sets. from the Court on these issues leaves a void. In addition, large databases today contain There are also other advances in technology different forms of data, including video, that are not comprehensively addressed by audio, images, and social media. In the MGDPA. While the Legislature has responding to data practices requests, attempted to address technological responsive data could be stored in multiple advancements as they come, it has been in data bases. Further, with the advent of piecemeal ways. cloud-based information systems provided Response: The MGDPA should undergo a by the private sector, newer databases are comprehensive review periodically to not typically designed to be controlled by address technological changes, and the cities to easily separate public from non- Legislature should update the law to public data. address those changes. Because the Response: The state of current MGDPA is a complicated area of law, the technology requires cities to maintain Legislature should make changes based large databases that are designed to on the recommendations from subject provide secure data storage and matter experts from all levels of maintenance. Those databases are government and interested stakeholders, already burdensome and expensive for including recommendations on what cities to maintain but are not available in constitutes reasonable data practices a form in which public and private data request and when a data practices request can be easily separated. Requiring cities is unduly burdensome. to design such databases to accommodate DP-4. Maintaining Government extensive data requests under MGDPA is both financially and technologically Data in Large Databases challenging to achieve. Issue: The Minnesota Department of The Legislature should address the Administration Advisory Opinion 10-016 growing and costly impact on cities of issued in June 2010 maintains that the providing access to specific public data Minnesota Government Data Practices Act housed in large electronic databases. (MGDPA)requires cities to keep records containing public government data so that DP-5. Sharing of Student Data with they can be easily accessible and convenient Local Law Enforcement in to use, regardless of how they are kept. Emergencies Cities maintain that the application of this advisory opinion to large databases in which Issue: Minn. Stat. § 13.32, subd. 3(1), records are kept in an electronic format defines education data as private data that forces cities to risk the daily threat of must not be disclosed except to the juvenile allegations of noncompliance or leaves local justice system in cases where information government officials confused regarding about the behavior of a student who poses a how to apply the requirement for access to risk of harm is reasonably necessary to protect the health or safety of the student or 124 other individuals. In addition, the federal address of a victim or casualty of an Family Education Rights & Privacy Act accident or incident to which a law (FERPA)bars schools from disclosing enforcement agency responds is public information on student educational records government data. In addition, the name and that contains personally identifiable location of the health care facility to which information without consent of a parent or victims or casualties are taken is public eligible student, with only limited government data. The MGDPA allows a exceptions. victim or witness to prevent the disclosure Minn. Stat. § 13.32 does not adequately of public data unless the law enforcement define who is responsible for making the agency determines that revealing the identity determination that an emergency or risk of will not threaten the victim or witness's harm exists. As a result, school district personal safety or property. However, officials have interpreted the statute in victims and their families can be traumatized conjunction with the restrictions in FERPA by the events that caused their injuries, even to require that the determination be made when their safety or property is not solely by school officials. threatened. Publicly disclosing their identities and the location where they are Local police officials are often frustrated in receiving medical care places a burden on their efforts to investigate allegations of families and victims who may be questioned criminal or other illegal activity when school by reporters, solicited by lawyers, and officials refuse, under Minn. Stat. § 13.32, contacted by other members of the subd. 3(1), and FERPA, to provide community. While there are legitimate information to follow up such complaints or public policy reasons to make this to assist local police in solving crimes that information public, the MGDPA provides no have already taken place. discretion for city officials and law School boards are responsible to have enforcement to temporarily withhold victim policies in place that require school officials data when releasing it is not in the best to report a student who possesses an interest of the victims. This not only makes unlawful firearm to law enforcement or the the initial period of recovery more difficult juvenile justice system. But schools are not for victims but erodes the trust between allowed to release the name of a student in victims and state and local government. dangerous weapon reports involving use or Response: The Legislature should amend possession of such weapons that are made to Minn. Stat. § 13.82 to allow law the Minnesota Department of Education. enforcement agencies to temporarily Response: Minn. Stat. § 13.32 should be withhold the disclosure of data that clarified to allow local law enforcement identifies victims and casualties and the agencies to work with school officials to medical facilities to which they are taken jointly make the determination that an if the agency reasonably determines that emergency or risk of harm exists in order access to the data would cause emotional to enable police enforcement actions to be harm to the individual or otherwise taken in a timely manner, and to aid in impede the individual's recovery. The the investigation of possible crimes. Legislature should also amend Minn. Stat. 13.82 to clearly and permanently DP-6. Disclosure of Victim Data prohibit the disclosure of traffic accident Issue: Under the Minnesota Government victim identity, similar to the protections Data Practices Act(MGDPA), the name and for crime victims. 125 DP-7. Challenges to the Accuracy of dismissed by the Department of Data Administration; it can only be dismissed in a contested-case proceeding. In even a Issue: The Minnesota Government Data frivolous challenge the data subject will Practices Act(MGDPA) allows the subject have the right to submit evidence and call of government data to challenge the witnesses at taxpayer expense. accuracy or completeness of data maintained by the government entity. If the government This right of review is in addition to any entity denies the challenge, the Act allows union grievance process and can be the data subject to appeal that determination exercised by an employee before or after through a contested case proceeding under such a grievance is undertaken. This process the Administrative Procedures Act(APA). can result in conflicting decisions and has the potential to create a heavy burden on all In the human resources context, a levels of government and impose significant performance evaluation is a tool used to costs on taxpayers. document and evaluate employee job performance. Performance evaluations are Response: In light of the Schwanke not discipline; however, some jurisdictions decision,the Legislature should modify and some union contracts have appeal the data challenge provision of Minn. processes to challenge a performance Stat. § 13.04, subd. 4,to balance the rights evaluation. Performance evaluations are of data subjects to challenge the accuracy normally conducted once a year. and completeness of data with the administrative and financial burdens on The Minnesota Supreme Court has held that local governments and taxpayers. a public employee could use the MGDPA to challenge the accuracy of certain DP-8. Law Enforcement information contained in the employee's Technologies performance evaluation. Schwanke v. Minn. Issue: To aid law enforcement in work, law Dept. ofAdmin., 851 N.W. 2d 591 (Minn. enforcement agencies need the flexibility to 2014). While the Court held that effectively use all available tools, including "dissatisfaction with a subjective judgment technology, in a manner that balances or opinion cannot support a challenge under privacy interests of individuals, transparency the [MGDPA]," a data subject can still of their work, and costs related to these challenge data that supports the subjective technologies. The Legislature has balanced judgment. There is currently no limitation these concerns in the recent License Plate on when a performance evaluation challenge Readers law and the Police-Worn Body may be brought. Often there is no retention Camera law. period for the underlying data because it is rarely an official record. Furthermore, the License Plate Readers (LPRs) are an more time that passes, the less likely those important tool that assist law enforcement with the knowledge of a given performance agencies in locating wanted individuals, evaluation may be still employed by the city. recover stolen vehicles, and many other It is to everyone's benefit to have the types of investigations. Nevertheless, the use challenge to accuracy of data conducted as of this technology raises legitimate privacy soon as possible. concerns. In 2015, the Legislature passed Under Schwanke, an invalid challenge to a compromise legislation regulating the use of subjective opinion can no longer be LPRs, the classification of LPR data, and the retention period for LPR data that struck a 126 fair balance between the need for robust law enforcement needs, communities enforcement and individual privacy rights. served, and costs and benefits of Police-worn body cameras (or portable technology. recording systems)provide invaluable DP-9. Body-Worn Cameras evidence when investigating crimes and prosecuting criminals and strengthened trust Issue: Police-worn body cameras (or of residents in law enforcement by portable recording systems)provide increasing the accountability between peace invaluable evidence when investigating officers and the public. Different than other crimes and prosecuting criminals and kinds of data, body camera data use involves strengthen trust of residents in law the unique complexities of the sensitive enforcement by increasing the accountability nature in its use in private homes as well as between peace officers and the public. the sheer volume of data in daily use. In Different than other kinds of data,body- 2016, the Legislature contemplated all of camera data use involves the unique these issues and passed compromise complexities of the sensitive nature in its use legislation regulating use of body cameras, in private homes as well as the sheer volume classification of body camera data, retention of data in daily use. In 2016, the Legislature period for body camera data, release of body contemplated all of these issues and passed camera data, audit requirements, and written compromise legislation regulating use of policy requirements. body cameras, classification of body camera data, retention period for body camera data, The Legislature has recently engaged in release of body camera data, audit conversation about other types of law requirements, and written policy enforcement technology, such as drones, requirements. facial recognition, etc. In July 2021, the Minnesota Chiefs of Police Response: Cities and/or law enforcement Association found that more than 100 agencies should be allowed to decide municipal police departments in Minnesota whether to utilize technology and be given use body-worn camera technology. The use the flexibility to decide how they are used has nearly doubled in the last five years, and in the field. more police departments are considering a) The League supports the continued deploying body-worn cameras in the near use of License Plate Readers under the future. terms of the 2015 legislation and The longer body-camera technology is used opposes any further restrictions on in Minnesota, the more nuanced questions their use or any reduction in the have become. For example, the Legislature current 60-day retention period. recently has engaged in more discussion b) With emerging law enforcement about how law enforcement uses body- technologies, the League supports a camera technology, when the data should be balanced approach to the values of released, etc. Cities have found redaction for privacy for individuals,transparency private data and non-public data to be more of the work of law enforcement, and extensive than anticipated,particularly as discretion to determine what data practices requests for body-camera data technologies will be used, such as have grown larger in scope and breadth and effective use of these technologies, the number of first responders, such as city functional accuracy, emerging law and county firefighters, paramedics, and 127 mental health professionals, responding to public's needs to be fully informed of city calls has increased as well. decision-making and to have the Response: The League supports the opportunity to present views to the public continued use of police-worn body body. cameras under the terms of the 2016 The League opposes any change to the legislation. However, if the Legislature Open Meeting Law that would expand makes changes to the body-worn camera the award of attorney's fees to law, the League encourages the unintentional violations. Legislature to update the law by DP-11. Needed Closed Meeting adequately balancing the competing values of transparency of police work, Exceptions to the Open Meeting privacy interests of data subjects, and Law integrity of police investigations. Issue: The League of Minnesota Cities DP-10. Open Meeting Law supports the Open Meeting Law and recognizes the important role it plays in Issue: The purpose of the Open Meeting maintaining the public trust and the Law generally requires that all meetings of accountability of elected officials. The Open public bodies must be open to the public. Meeting Law must, however,balance the This presumption of openness serves three need for public information and the need to vital purposes: to prohibit actions from protect privacy rights and certain negotiation being taken at secret meetings, to assure the strategies to protect the use of public public's right to be fully informed, and to resources. Currently, there are seven afford the public an opportunity to present exceptions to the open meeting laws that views to the public body. authorize the closure of meeting to the Technology has outpaced the Open Meeting public. Under these exceptions, some Law. Recent city response to COVID-19 has meetings may be closed at the discretion of illustrated that remote participation for the governing body and some must be meetings can allow for meaningful closed. Two challenges exist with current interaction with the city and the public. law. While the legislature recently changed the The first concern is the hiring process for law to allow for greater participation by management level positions. While existing interactive technology when a state of law allows a governing body to close a emergency has been declared, this change meeting to evaluate the performance of an was for a limited amount of time. Cities are individual subject to its authority, the statute in need of greater flexibility now to utilize doesn't grant the same level of privacy for technology for meetings to protect the health the city council and prospective applicants. of elected officials, city staff, and the public. The statute should allow a governing body Cities also need to keep pace with the virtual to close a meeting to interview applicants world by having discretion to use remote for employment if there is a quorum present; technology in the future. and, to allow a governing body to close a Response: The League of Minnesota meeting to discuss the terms of an Cities encourages the Legislature to employment agreement to offer to a authorize cities greater flexibility to allow candidate to whom a job offer has been remote participation under the Open extended. This would be consistent with the Meeting Law,while addressing the existing authority for the governing body to 128 close a meeting to discuss labor negotiations meeting to evaluate and discuss the strategy. Allowing a closed meeting so that a candidates, and discuss salary and council can discuss the results of an benefit negotiations. interview process for a management-level b) To allow a governing body to close a position will allow council members to meeting to discuss negotiation express opinions or ask questions they may strategies for proposed contracts have concerns about discussing in a public and/or agreements with private meeting and preserves the integrity of the parties, non-profit organizations, interview process of subsequent candidates. and/or public entities and keep that The second concern with existing law is the data private or nonpublic until the inability for public bodies to conduct contract is signed by the governing strategic negotiations. Current law allows body or a decision is made to abandon the public body to close a meeting to discuss a contract for those goods or services. the purchase or sale of property and labor Such closed meetings should follow the negotiations but does not allow the public same or similar procedures for body to close a meeting to discuss conducting closed meetings currently negotiation strategies for an agreement with required under the Open Meeting Law. private parties, non-profit organizations, and/or public entities. The ability for public DP-12. Remote Participation under bodies to close meetings in these situations the Open Meeting Law provides public bodies the opportunity to form strategies in the best financial interest Issue: The League of Minnesota Cities of the community, which is consistent with supports the Open Meeting Law and the importance of negotiation regarding recognizes the important role it plays in purchase or sale of property and labor maintaining the public trust and the contracts. Further, the City may create accountability of elected officials. The Open documents outlining the negotiation Meeting Law must, however,balance the strategy, which should be protected for the need for public information and the need to same reasons as for closing the meeting. effectively run meetings. City Such data should be protected during councilmembers, along with advisory board negotiations of the contract until a contract and commission members, from time to time for the goods or services is signed or want to remotely participate in meetings as abandoned, which is similar to the may be needed. While cities want these protection allowed for request for proposals members to participate in city business to under Minn. Stat. § 13.591. their fullest extent, it is also important to protect the public's right to see how Response: The Legislature should amend government works. Currently under the the Open Meeting Law: interactive technology exception to the Open a) To allow a governing body or a Meeting Law in Minn. Stat. § 13D.02, subd. committee created by a governing 1, members of public bodies can remotely body to close a meeting to interview participate in meetings if they meet certain candidates for management-level requirements: (1) all members, wherever positions such as city manager, their physical location, can hear and see one administrator, clerk-treasurer, city another and can hear and see all discussion attorney, superintendent, or and testimony presented; (2)members of the department head, and to close a public present at the regular meeting 129 location of the body can hear and see all remove the three-times-per-year cap for discussion and testimony and all votes of the the medical and military exceptions. members of the body; (3) at least one Federal Employment Law member of the public body is physically present at the regular meeting location; and FED-1. Consolidated Omnibus (4) each location at which a member is Budget Reconciliation Act present is open and accessible to the public. (COBRA) The current law allows an exemption from this last requirement if a member(1) is in Issue: The federal Consolidated Omnibus the military and deployed or(2) has been Budget Reconciliation Act(COBRA) law, advised by a health care professional not to which requires employers to offer continued be in a public place for personal or family health and dental insurance group benefits medical reasons. The military and medical after an employee terminates, has been exceptions may only be used three times per interpreted to apply to Employee Assistance year. Programs (EAPs) which provide any form of On occasion, members of public bodies medical care, including short term want to remotely attend meetings,but when counseling for drug and alcohol addiction. members have made their remote location The application of COBRA to these "open and accessible,"no city resident programs results in unlikely and impractical shows up at the remote location. COVID-19 outcomes and reduces the likelihood that has taught us that remote participation can employers will make them available. Final allow for meaningful remote participation regulations issued in 2014 exempt EAPs that and public interaction. However, members do not provide"significant benefits in the of public bodies may want to fulfill their nature of medical care," including EAPs that responsibility while traveling for work or provide short term drug and alcohol personal reasons. Removing the requirement counseling, from requirements of the Patient for remote locations to be "open and Protection and Affordable Care Act(ACA). accessible to the public" still preserves the Response: Congress should clarify that public's ability to hear and see all EAPs which do not provide significant discussion, testimony, and voting by all benefits in the nature of medical care are participating members while allowing not subject to COBRA. willing members to participate in city FED-2. Flexible Spending Accounts business. Response: The Legislature should amend Issue: Health care costs are rising the Open Meeting Law to allow city dramatically and employees need financial councilmembers and city relief Flexible spending accounts provide board/commission members to some relief, but the current"use it or lose it" participate in meetings without making provision for medical spending discourages their remote location open and accessible employees from participating in this to the public as otherwise required under program. Though the IRS permits Minn. Stat. § 13D.02, subd. 1.While the carryovers of up to $500, employers that Legislature amended the Open Meeting offer this option may not offer the 2 1/2 Law to allow the medical exception to be month grace period after the end of the plan used without the declaration of a state of year to incur eligible expenses. The emergency, the Legislature should Consolidated Appropriations Act(CAA) provides temporary relief, allowing 130 employers to permit employees to carry over to the employer(who may then credit the all or some of their unused health and/or balance among plan participants). A death dependent care FSA funds from a plan year benefit provision is an attractive feature for ending in 2020 or 2021. many employee groups. In 2008, Section In addition, the $5,000 annual maximum 105 of the Internal Revenue Code was limit on dependent care accounts has not amended, with a further amendment in 2015, increased substantially since the program's to include limited exceptions to this general inception in 1986 and childcare costs rule but not all city plans meet the continue to rise significantly. The American requirements of these limited exceptions. Rescue Plan Act of 2021 (ARP)provides Response: Congress should amend temporary relief, increasing the annual Section 105 of the Internal Revenue Code maximum limit for dependent care to to allow all HRAs and account-based $10,500 for taxable years beginning after health plans for both active employees December 31, 2020, and before January 1, and retirees to include a provision that 2022. allows the employee to designate Response: The League of Minnesota beneficiaries other than spouses and Cities supports legislation that would dependents. Such beneficiaries should be make permanent the changes in the CAA able to, at a minimum, receive to allow employees to roll all unused reimbursement for their medical expenses funds in a health or dependent care from the inherited account. flexible spending account into the next FED-4. Federal Public Safety plan year, or to allow unused funds to be Collective Bargaining Bill contributed into a tax-qualified retirement plan, or a 457 plan. The Issue: Congress is considering a bill that League of Minnesota Cities also supports would require all states to establish making permanent the$10,500 maximum collective bargaining procedures for all limit for dependent care accounts,with a public safety employees. The bill directs the cost-of-living inflationary increase each Federal Labor Relations Authority(FLRA) year after the initial adjustment. to determine, state by state, whether it meets the bill's requirements with regard to FED-3. IRS Regulations on Death collective bargaining rights for public sector Benefits employees. While it appears Minnesota is Issue: Current IRS regulations do not allow likely to pass the tests set out by the bill, any type of death benefit to be included in a federal public sector lobbyists have health reimbursement arrangement (HRA) expressed serious concern that the bill is or tax-free, account-based group health very much open to interpretation. In plans. If a participant of the HRA or addition, the bill directs the FLRA to account-based group health plan dies, they "consider and give weight, to the maximum cannot leave the remaining funds to a extent practicable, to the opinion of affected designated beneficiary unless the beneficiary employee organizations." is a spouse or dependent child who remains Response: The League of Minnesota enrolled in the HRA. Public sector HRAs Cities opposes the federal collective are often treated as fully vested even when bargaining bill for public sector unfunded. If the employee does not have a employees. Public sector collective spouse or dependent child, the funds revert 131 bargaining should be left to the owned and operated by governmental determination of each state. entities; and FED-5. Federal Health Care c) Exempt elected officials from being Reform counted as "employees" for the purposes of the ACA. Issue: Certain provisions of the Patient Protection and Affordable Care Act FED-6. Amended Internal Revenue (commonly referred to as the federal health Code Regarding 403(b) Retirement care reform law or Affordable Care Act Plans (ACA)) are problematic for cities. These issues range from administratively difficult Issue: Section 403(b)(1)(A)(ii) of the to very costly. Tracking employee hours, Internal Revenue Code allows an employer particularly hours of seasonal and temporary that is a State, a political subdivision of a employees and council members, is State, or an agency or instrumentality of a burdensome and requires significant State or a political subdivision of a State to administrative time and effort. Because most establish a 403(b) retirement plan for of these employees will not qualify for employees who perform services for coverage under the ACA, the effort does not educational organizations as described in result in a worthwhile outcome. There are Section 170(b)(1)(A)(ii) of the Internal also situations where employees who are Revenue Code. This provision of the currently working more than 30 hours per Internal Revenue Code allows employees to week in a city will now be eligible for health defer substantially more income for care coverage by that city, which will drive retirement savings than their city up city costs significantly,particularly for government employee counterparts. While cities using the "duty crew" concept at fire government employees who do not perform stations to ensure adequate daytime services for an educational organization may response. Finally, there are provisions which participant in a 457(b) deferred require the city to offer coverage to full-time compensation plan, they may not participate students who are already covered by their in a 403(b) retirement plan. Government parents' insurance and do not need the employees who perform services for an coverage through the city, which results in educational organization are able to wasted effort. participate in both a 403(b)plan and a 457(b) deferred compensation Response: The League of Minnesota plan. Furthermore, as a result of the Cities supports the intent of the ACA to amendment to Section 457(c) of the Internal provide affordable health care coverage Revenue Code by the Economic Growth and to all Minnesota residents. However, Tax Relief Reconciliation Act of 2001, Congress should: deferrals to a 457(b)plan are not a) Exempt(from the offer of coverage coordinated with elective deferrals made to a requirements) employees under age 26 403(b)plan for purposes of complying with who are covered by their parents' the limit on pre-tax contributions to either insurance; plan. Both employee groups serve the public and should be treated similarly under the b) Exempt(from the offer of coverage Internal Revenue Code for purposes of tax- requirements) employees who work in deferred retirement savings plans." recreational facilities and programs 132 Response: Congress should amend Furthermore, if an employer provides Section 403(b)(1)(A)(ii) of the Internal contributions to an HSA as part of its benefit Revenue Code to allow an employer that package, then the rule may limit the benefits is a State, a political subdivision of a an active employee can receive from their State, or an agency or instrumentality of a employer. State or political subdivision to establish a Response: Congress should amend 403(b) plan for all of its employees, Section 223(b)(7) of the Internal Revenue regardless of whether they perform Code to provide that the limitation on services for an educational organization. contributions to a health savings account FED-7. Amended Internal Revenue for any month with respect to any Code Regarding Health Savings individual shall be zero for each month Account Eligibility and Medicare beginning with the later of(i) the first Enrollment month in which such individual is entitled to benefits under title XVIII of the Social Issue: Section 223(b)(7) of the Internal Security Act or (ii) the month in which Revenue Code provides that the monthly such individual submits a valid limitation on contributions to a health application for benefits under title XVIII savings account(HSA) is zero starting with of the Social Security Act. the first month in which an individual is FED 8. Affordable Care Act entitled to Medicare benefits. A person becomes entitled to Medicare benefits when Reporting their Medicare coverage becomes effective. Issue: Almost all Minnesota cities that are In many cases, Medicare coverage is Applicable Large Employers use the federal effective on a retroactive basis. Specifically, poverty line safe harbor and can state on when an individual is required to submit an Line 23 of Form 1095-C that they meet the application for Medicare coverage, the Qualifying Offer Method and/or the 98% Medicare coverage will be effective Offer Method. But they are still required to retroactively up to six months before the complete the entirety of Form 1095-C, and month in which the application is filed in particular, the complex and time- (depending on the date on which the consuming code combinations in Lines 14 individual first become eligible for Medicare and 16. The complexity of the form also coverage) as described in 42 CFR §406.6(d). increases the likelihood of error. In The IRS has indicated that the monthly December of 2021, the IRS announced that limitation on HSA contributions included in the "good faith"defense for errors in Forms Section 223(b)(7) applies during any 1094 and 1095 will no longer be permitted, retroactive period of Medicare coverage. because they"have now been in place for This rule is confusing to employees, six years, and transitional relief is no longer employers, and benefit administrators and appropriate." This rationale does not reflect may lead to unintended and unexpected tax the reality of turnover in the workforce and consequences for employees and employers the often limited resources available to who may not be aware at the time an HSA public employers for legal and tax contribution is made that the monthly professionals. In 2023, penalties that may limitation for that month will be zero if the be assessed against applicable large employee applies for Medicare within the employers for good faith errors made on following six months and the coverage is Form 1005-C are $290 per return furnished effective retroactively under this rule. to the employee and$290 for the same 133 return filed with the IRS, for a potential total of$580 per return. If a city meets the Qualifying Offer Method or the 98% Offer Method, Form 1095-C gathers too much detail at too great a cost to employers. In the public sector, the cost of this administrative burden, along with the potential for penalties due to the complexity, is passed on to the communities they serve. Response: The League of Minnesota Cities supports the intent of the Affordable Care Act (ACA) to provide affordable health care coverage to all Minnesota residents. But Congress (or the IRS) should: a) Allow applicable large employers in the public sector who meet the Qualifying Offer Method or the 98% Offer Method to furnish and file Forms 1095-B rather than Forms 1095-C to all full-time employees and other current and former employees; b) Deem employees who receive premium tax credits during months of non-coverage reported on Form 1095- B to be not employed by the employer, in part-time status, or fall within limited non-assessment periods (employers would still be subject to liability for failures determined on audit); and c) Reinstate relief from penalties relating to incorrect or incomplete filings for public employers that make good faith errors in completing these forms. 134 IMPROVING FISCAL FUTURES FF-1. State-Local Fiscal Relations the Department of Revenue indicated that despite the standing LGA appropriation, Issue: Since the 1970s, services provided by the shutdown of many state government Minnesota cities have been largely funded operations would prevent the distribution through a combination of property taxes, of the LGA. state aids, and state property tax relief programs. This system of municipal finance Adequacy. The revenue sources available has evolved to ensure that municipal to cities and the state must raise adequate services can be funded without excessive funds to meet city needs, to fund local tax burdens. mandates, and to maintain Minnesota's long-term competitiveness. Over the past decade, the state-local partnership has vacillated with the state Flexibility. As cities become increasingly budget, challenging the ability of city diverse in their characteristics and as officials to plan for the future fiscal needs of existing aid and credit programs have their communities. eroded, a "one-size-fits-all" system that limits all cities to the property tax as the Response: The League of Minnesota major, non-state aid revenue source is Cities supports a strong state-local fiscal increasingly unworkable. Some cities partnership. The state-local fiscal system, have sufficient property tax base to and any future modifications, should be sustain an adequate service level, but consistent with the following principles: many do not. Cities should have greater Accountability. Cities believe a viable access to other tax and revenue sources partnership with the state requires cities than currently permitted. and the state to communicate effectively Equity. All residents should receive with each other and with the public about adequate levels of municipal services at their roles and responsibilities. Cities and relatively similar levels of taxation. This the state must also exercise sound means that the state should provide financial stewardship,including financial assistance to cities that have maximizing efficiencies in service delivery high costs, including costs related to and other means of cost containment overburden created by non-resident users whenever possible. of city services,low fiscal capacity, or Certainty. Cities need to have more both. State financial assistance should certainty and predictability in all of their also reduce tax burden disparities among available revenue sources, including the communities and between cities and property tax,the amount of funding they surrounding areas. receive from local government aid and FF-2. State Budget Stability similar programs and from other sources of revenue. The past practice of Issue: Legislative actions to address past retroactive adjustments to local state budget deficits have included government aid (LGA) and similar permanent reductions in funding to local programs, unallotments of the units of government for programs such as appropriation and the imposition of levy local government aid as well as the full limits do not facilitate prudent financial elimination of programs such as the market planning and decisions.In addition, value homestead credit. In addition, the during a past state government shutdown Legislature has frequently relied on short- 135 term solutions that have only shifted a large g) Should modify the unallotment statute share of the deficit problem into the next to place a reasonable statutory limit biennium without permanently addressing on the percentage and timing of the the state budget problems. state's budget that can be unallotted The legislature has taken steps to reduce during a biennium without legislative state budget volatility. As required under approval; and Minn. Stat. § 16A.152, subd. 1, 33 percent h) Must emphasize long-term budget of any state general fund budget surplus solutions and budget stability and the identified in the November state budget continuation of both state and local forecast must be directed to the state budget government operations. reserve until the account reaches a targeted i) The League of Minnesota Cities level. supports the principle of Response: To increase the stability of the representative democracy and opposes state budget and avoid or reduce the limiting the Legislature's flexibility in impact of future state budget deficits,the making financial decisions through Legislature: new Constitutional amendments. a) Must consider all budget stabilizing FF-3. Funding Local Government options, including revenue increases, Aid with a particular focus on changes that improve the stability of the state's Issue: Local government aid(LGA) is an revenue stream; important component in the state's property tax relief system, and a critical tool to help b) Must not further reduce funding for equalize tax base to ensure needs for public property tax relief programs to cities services can be met. To avoid undue and taxpayers; pressure on the property tax, funding for c) Must not accelerate the remittance of LGA must keep pace with inflationary sales tax collections by retailers pressures. including municipal liquor operations, In recent years, bills have been introduced and should make steps to reverse past that would have created offsets to a city's accelerations; LGA distribution if the city imposed a local d) Must consider the aggregate impact sales tax, spent funds for activities related to on Minnesota taxpayers of previous lobbying or a World's Fair, or would have budget cuts and tax increases; reduced or eliminated LGA if the city e) Must maintain detailed estimates of enacted ordinances to ban plastic bags, inflationary increases to expenditure impose certain local labor laws, ordinances, estimates in the state budget forecast; or policies that restrict city employees from enforcing immigration laws,unauthorized f) Should maintain a budget reserve as ordinances related to diversion programs. recommended by Minnesota Such changes would have been a significant Management and Budget based on deviation from the practice of using the their assessment of volatility in formula to distribute LGA and could have Minnesota's revenue system defined in jeopardized the long-term stability of the Minn. Stat. §16A.152, subd. 8 with a program. minimum of a five percent reserve; In 2023 the Legislature enacted changes to the Local Government Aid formula that 136 were recommended by the League of LGA resources. In addition,the League Minnesota Cities and other affiliate groups. supports: These formula changes were coupled with a) Regular increases in the LGA an $80 million increase in the appropriation. appropriation and review of the LGA While the 2023 House omnibus tax bill formula included tying the appropriation to inflation for future years, that proposal was not b) Restoring the annual inflation included in the final bill. adjustment to the LGA program to In 2023 , the Legislature included a one-time move toward funding the total unmet payment acceleration for payments made in need of all cities. 2025 only that distribute 9.402 percent of c) Permanently accelerating of the each city's 2025 LGA by March 20, with a annual LGA payment schedule to second payment of 40.598 percent on July assist cities with cash flow needs. 20 and a final payment of 50 percent on d) Establishing an administrative December 26. For 2026 and beyond, LGA procedure that would allow cities that payments will again be made to cities in two ultimately comply with financial equal installments on July 20 and December reporting requirements to receive 26 each year. their withheld aid distributions. In 2022, the House omnibus tax bill would The League opposes targeting reductions have dedicated a portion of future state to specific cities or groups of cities as well budget surpluses to phase-in an acceleration as reductions or offsets for local policy or of the July 20 LGA distribution to March expenditure decisions. 15. The current distribution occurs late in the city fiscal year and can create short-term The legislature should avoid creating cash flow challenges for some cities. side-pots or special appropriations through the LGA (Minn. Stat. ch. 477A) Current law(Minn. Stat. § 477A.017, subd. program. If special circumstances such as 3)prohibits the distribution of LGA and a natural disaster warrant additional Small Cities Assistance Account funding state assistance to specific cities, the (Minn. Stat. § 162.145)to cities that have criteria for the additional aid should be not complied with all financial reporting specifically enumerated and the requirements to the Office of the State appropriation should be separate and in Auditor. Frequently, failure to comply is due addition to the appropriation through the to factors outside the control of the city. general LGA formula. Although many cities subsequently comply and seek special legislation to receive the FF-4. State Charges for withheld LGA, the growing regularity of the Administrative Services legislature's failure to approve tax bills has jeopardized the restoration of these Issue: Currently, some state agencies have payments. wide discretion in setting the fees for special services they provide to local governments. Response: In order to reduce pressure on Response: State agencies should be the property tax, and to equalize property required to justify their service fees or for tax bases, the League of Minnesota Cities increases in existing service fees and not continues to support the LGA formula as charge more than what is fair, reasonable, the appropriate mechanism to distribute and proportionate to the cost of service. 137 Agencies should give adequate notice of j) TIF district annual disclosure (Minn. increases to allow local governments to Stat. § 469.175, subd. 5); budget for the increases. State agencies k) TIF district annual financial report should set administrative service fees as (Minn. Stat. § 469.175, subd. 6); close as possible to the marginal cost of providing the service. Local government 1) Business subsidy reporting (Minn. Stat. should be given the option to self- §§ 116J.993-.995); administer or contract with the private m) State required financial activity reports sector for the service if the state cannot (Minn. Stat. § 6.74); provide the service at a reasonable cost. n) Local improvement requirements (Minn. FF-5. Reporting Requirements Stat. § 429.031); Issue: Budget and financial reporting o) Development and permit fees report requirements imposed on cities by the state (Minn. Stat. § 326B.145); often result in duplication and additional costs. In addition to the state mandated p) Utility annual financial statements annual audits under Minn. Stat. §§ 471.697- (Minn. Stat. § 412.3 81); .698, cities are required to prepare and q) Housing and redevelopment authority submit or publish numerous other budget annual financial report (Minn. Stat. § and financial reports including but not 469.013); and limited to: r) Federal single audit or a program- a) Summary budget reports (Minn. Stat. § specific audit(31 U.S.C. § 7502 (a)(1)). 6.745); s) A temporary reporting requirement for b) Summary budget information for the the federal American Recovery Plan Act proposed budget, which is sent to the distributions. county for the annual tax hearing process Many cities have expanded the availability (Minn. Stat. § 275.065, subd. 3b); of information on their web sites in response c) Treasurers report to the city clerk(Minn. to resident requests and some cities have Stat. § 412.141); begun using new tools to assist residents in d) Statement of tax collections and other understanding the city budget. Expanding income by clerk to the city council state mandated financial reporting requirements could force cities to redirect (Minn. Stat. § 471.69); scarce resources to the state mandate and e) Report on outstanding obligations and stifle innovative ways to communicate with the purpose for each issue filed with the residents. county auditor(Minn. Stat. § 471.70); Response: Requirements for reporting f) Publication of summary budget and advertising financial and budget statement (Minn. Stat. § 471.6965); information should be carefully weighed g) Publication of statement of liquor store to balance the need for information with operations (Minn. Stat. § 477A.017); the administrative costs of compiling and submitting this information. In addition, h) Liquor store audited financial statements the legislature should direct all state (Minn. Stat. § 471.6985); agencies to review existing local i) TIF district plan and amendments (Minn. government reporting mandates and Stat. § 469.175, subd. 4a); eliminate redundant or superfluous 138 requirements. To this point,the Response: Where similar services are legislature should consolidate municipal provided by different levels of local government financial reporting government,property tax levies for those requirements in the Office of State services should only apply to those areas Auditor,include an electronic submission receiving the service. Additionally, alternative to any remaining paper filing counties should be prohibited from requirements and authorize the use of requiring cities to contribute to services web publication where newspaper that are being funded through the county- publication is currently required. wide property tax levy. Finally,the legislature must not increase FF-7. Direct Property Tax Relief reporting burdens for local units of Programs government. Any new reporting requirement should have a clearly defined Issue: In 2013, the legislature expanded the statement of purpose and public need not homeowner property tax refund(PTR) currently met with existing reports, a program and renamed it the Homestead sunset date to facilitate a future Credit Refund program. As a direct taxpayer discussion of the usefulness of the relief program, the Homestead Credit requirement as well as full state funding Refund avoids the problems with the former for the costs associated with a new Market Value Homestead Credit system reporting mandate. where the state provided a credit on the homeowner's property tax statement but did FF-6. Taxation Duplication not always reimburse cities and counties for Issue: In Minnesota, local governments the amount of the credit. occasionally provide residents and Response: The League of Minnesota businesses similar types of services. For Cities supports providing additional, example, counties maintain a sheriff's office direct property tax relief through an while in many cities, police services are expansion of the Homestead Credit provided by the city to their residents and Refund program, the renters' refund businesses. When the county levy for the program, the targeting program or other sheriff's operations is spread across the programs that provide property tax relief county, city residents and businesses are directly from the state to taxpayers. In being taxed for services that are not being addition,the League supports the recent provided within the city or are being conversion of the renters credit to an provided at a lower level. income tax credit using adjusted gross Similarly, in some areas, the county income rather than household income for provides 9-1-1 dispatching services funded determining eligibility and would also through the property tax that is spread across support similar changes to the homestead the county but the county may also require credit refund and targeting program to cities to contribute to the 9-1-1 operations increase the accessibility of these through the city budget and property tax programs and remove administrative levy. As a result, city businesses and hurdles in claiming them. residents are effectively paying twice for The League opposes property tax credit dispatch services—once through the county programs that reimburse local units of levy and again through the city levy. government for reduced tax burden such as the former market value homestead 139 credit system due to the fact that the units of government. The refund process reimbursements to local units of also applies to materials used in related government can be cut while the credit to facilities such as access roads, lighting, the taxpayer remains on the property tax sidewalks and utility components. statement. In addition,the League Response: In order to ensure that opposes reinstituting Limited Market taxpayers receive the full benefit of the Value, a program that reduces the taxable local government sales tax exemption: value of individual properties based on assessor's valuation increase or freezes in a) The exemption should apply to all property valuations. Limited Market purchases made by local units of Value or a valuation freeze create government; property tax shifts and tax burden b) The process to receive the exemption inequities between similar properties. for construction materials used in FF-8. Sales Tax on Local local government projects should be Government Purchases simplified or added to the refund process now available for local Issue: The local government sales tax government public safety facilities; exemption enacted in 2013 and expanded in and 2014 does not apply to all city purchases. Some purchases for municipal enterprise c) The exemption should be extended to operations, such as liquor stores and golf all local government purchases that courses are excluded from the exemption. In would otherwise be subject to the addition, in order to receive the sales tax motor vehicle sales tax in Minn. Stat. exemption on construction materials under ch. 297B. current law, cities must bid labor and FF-9. Taxation of Electronic materials separately and also designate a Commerce contractor to be a purchasing agent on behalf of the city. The existing Department Issue: The 2018 U.S. Supreme Court of Revenue rules (Minn. Rule 8130.1200, decision [South Dakota v. Wayfair, Inc., 585 subp. 3) are complex and the U.S. (2018)] overturned two earlier implementation can be so complicated that it Supreme Court decisions [Quill Corp. v. can cost cities more money to implement North Dakota, 504 U.S. 298 (1992) and than they will save on the tax exemption. National Bellas Hess v. Department of Finally, although cities currently do not pay Revenue, 386 U.S. 753 (1967)] that had the motor vehicle sales tax on marked police prevented states from requiring retailers vehicles or firefighting vehicles, other city without a physical presence from collecting vehicles are not exempt from the motor state and local sales taxes on purchases vehicle sales tax. made by state residents and businesses. The 2021 legislature extended the sales tax A group of 23 states participating in the refund process under Minn. Stat. § 297A.71 Streamlined Sales Tax Project have worked and Minn. Stat. § 297A.75 to contractor together for more than 18 years to simplify purchases of construction materials, supplies the administration of state and local sales and equipment incorporated into public taxes and reduce the administrative burden safety buildings for initial construction, on retailers. The success of this project was remodeling, expansion and improvements referenced in the Wayfair decision. for public safety facilities owned by local 140 Despite the Supreme Court's Wayfair plus the accommodation intermediary decision, new legal challenges could be filed services. There are currently 120 cities and by remote retailers or Congress could towns that individually or jointly impose intervene to address remaining sales tax lodging taxes for tourism purposes under administration issues including the fact that Minn. Stat. § 469.190. Another five cities more than 20 states with sales taxes have not impose a lodging tax that is administered adopted the SSUTP standards. locally under special law. Four local lodging Response: Federal tax policy should not taxes are currently administered by the state. place main street businesses at a Response: The League of Minnesota competitive disadvantage to electronic Cities supports legislation that will clarify retailers, must not jeopardize repayment that all lodging taxes,whether of bonds backed by state and local sales administered by the state or administered tax revenues, and should ensure stability locally, apply to the total charges to the in state and local revenues. To address the customer, including charges for services challenges created by the growth of provided by accommodation electronic commerce,the League of intermediaries. Minnesota Cities continues to support the multi-state effort to develop a streamlined FF-11. Taxation of Electric sales tax system. Generation Personal Property Should Congress intervene, the League Issue: Investor-owned utilities (IOUs)have would support nation-wide sales tax a longstanding relationship with Minnesota administration standards based on the cities. IOUs site baseload power plants in model developed by the Streamlined Sales host communities, and in exchange pay Tax Project. The League will oppose personal property tax on attached generation Congressional efforts to reverse remote machinery to the cities, counties and school retailer collection requirements. districts hosting the plants. These plants bring jobs to our communities, but they also FF-10. Local Lodging Taxes create nuisances such as air pollution, Issue: In 2011, the legislature amended nuclear waste, noise, vibration, and coal Minn. Stat. § 297A.61 to define train traffic. They also create security risks accommodation intermediaries and clarified and take up land that could be used for that their services are subject to the state other, less disruptive commercial and sales tax as part of the tax imposed on industrial development. Cities believe lodging. Local lodging taxes collected by personal property taxes paid by IOUs are a the state for local units of government under fair compensation for the environmental and Minn. Stat. § 469.190, subd. 7, also clearly economic costs of hosting baseload power apply to services provided by these plants. accommodation intermediaries since these IOUs argue that personal property tax relief taxes are required under Minn. Stat. § is important to pass along to their 270C.171 to use the definition for tax base shareholders and ratepayers. However, only contained in the general sales tax statute. a few IOU shareholders and ratepayers Since 2011, some accommodation actually live in the communities hosting intermediaries have not been collecting and baseload power plants. Further, almost all remitting locally-administered lodging taxes new power plants receive personal property based on the full cost of the accommodation tax exemptions from the Legislature, while 141 host communities with existing, non-exempt Cities which host Investor-Owned Utility baseload plants will continue to have them base load power plants have faced for decades to come. unpredictability in tax base from both Currently the taxation of electric generation changes to state law regarding the personal personal property represents the best method property tax on electric generation for reimbursing host communities for the equipment and from changes in valuation cost of hosting IOUs. due to the upgrade/depreciation cycle of equipment. Response: Personal property taxes on attached electric generation machinery In the past, the Minnesota Legislature has are a fair way to spread the considered a reform to the system of taxing environmental and economic costs of electric generation, which would repeal the electric generation power plants among personal property tax and all of its all IOU shareholders and ratepayers. The exclusions and exemptions, and replace it League of Minnesota Cities supports the with new approaches to valuing utility continuation of personal property taxes property. More recently, the 2021 tax bill paid by IOUs to host communities for passed by the legislature ordered the existing and new facilities or a tax system Department of Revenue to initiate a review which generates equal or greater revenue of the framework for valuations of property for host communities. If the Department including utility property such as large of Revenue or the Legislature chooses electric generating facilities. evaluate new methods of utility taxation, Statutory changes to the system of electric the League supports the inclusion of these generation taxation should not adversely environmental and economic costs in affect host city tax revenues. Any proposal assessing the appropriate property taxes to change the system must include some paid to host cities by electric generation form of replacement aid which compensates facilities. cities for adverse effects due to changing FF-12. Electric Generation state law on electric generation taxation. Taxation Reform Moreover,utility company appeals of Department of Revenue valuations of utility Issue: Currently, electric utilities are subject property can cause significant turmoil for to a personal property tax on personal local governments, including property tax property which is part of an electric shifts onto residents and businesses and—in generating, transmission, or distribution the case of a successful tax court challenge system. This tax has a number of by a utility—the possibility of being forced exemptions and exclusions which make a to pay back taxes that have already been patchwork of taxation statewide. The collected and spent in prior years. As part if Department of Revenue issued a report on its review of Rule 8100, the Department of February 15, 2015 which laid out the details Revenue has engaged with stakeholders in of this tax system, stating, "The utility tax hopes of identifying improvements that can base comprised of these energy producing benefit both local governments and the facilities is not predictable. The companies subject to personal property taxes unpredictability is a result of law and rule to increase stability,predictability, and changes that determine the amount of utility reduce impacts on other taxpayers. tax base available for host communities." Response: The personal property tax on electric generation equipment as well as 142 the exemptions, exclusions and sliding can account for over 50% of the city's scales to that tax represent a patchwork annual budget. Moreover, IOUs have other of taxation rules statewide. Changes to significant direct and indirect impacts on state law which replace the personal host communities. IOUs tend to employ property tax on electric generation significant numbers of employees at equipment with a tax base valuation baseload power plants. Those employees are based on electric generation capacity, likely to live, work, attend school, and shop production, nuclear storage, transmission, in and around the local community. and distribution will benefit IOU host Therefore, the of the retirement of these cities so long as the change comes with a plants would have significant negative factor to increase the tax base valuation impacts on these communities. over time and reimbursement to cities for While the power that is generated at these revenues lost due to a change in state law. Likewise, any changes to process by facilities goes to support the entire state of Minnesota, the impacts of hosting these which investor owned utilities appeal the plants is felt most acutely in these local valuation of their property should be communities. In recent years, the State of made with the goal of reducing negative Minnesota has taken steps to support cities impacts on local governments, and facing these unique circumstances, including increasing stability,predictability, and the creation of the Community Energy transparency. Transition Grant Program under Minn. Stat. FF-13. Support for Transitioning § 116J.551, and the creation of the Energy Communities Transition Office and Advisory Committee under Minn. Stat. § 116J.5491 —5493. In Issue: Technological advancements and 2023 the legislature established an electric market forces are rapidly changing the generation transition aid under 477a.24 for electric generation industry. Investor-owned counties, cities, townships, and school utilities (IOUs) in Minnesota are increasing districts that lose tax base when an electric the share of their electric generation generation plant is retired. The initial aid portfolios that are made up of renewable amount is equal to the tax base lost due to generation sources like wind and solar, the retirement times the jurisdiction's tax while planning to decrease the share of rate in the year prior to the tax base loss. electric generation that is derived from The aid is phased out over 20 years. baseload power plants that produce energy from coal or nuclear sources. Due to the Response: The League of Minnesota deep and longstanding relationship IOUs Cities recognizes that the energy have with some Minnesota cities, the landscape is rapidly changing and possible retirement of these power plants supports state policies to replace tax base stands to have a significant disruptive effect in communities facing the closure of a on these cities. baseload power plant, as well as other policies or programs to help those Cities that host baseload power plants make communities replace their local tax base significant investments to support those through economic development. The plants, including infrastructure,public League of Minnesota Cities also support safety, and disaster preparedness. To efforts by the state legislature and state compensate for this, IOUs pay personal agencies to study, analyze, and design property tax on electric generation policy solutions to address the unique machinery. For some cities, these revenues challenges these communities face. 143 FF-14. Taxation of Municipal Bond real property for electrical generation was Interest exempted from the market value of utilities. The incentive value of this benefit is low Issue: The federal and state laws that grant a because utility companies are required to tax exemption to bondholders for municipal install the equipment anyway. In addition, bond interest lowers borrowing costs for these companies frequently recover the cost cities and reduces property tax levies. of the equipment through rate riders granted Recent proposed Internal Revenue Service by the Public Utilities Commission. rules would potentially restrict some local Allowing the pollution control equipment government entities such as housing and exemption places the cost of this equipment redevelopment authorities, economic on the residents of the host community, development authorities and port authorities rather than the purchasers of electricity. from issuing tax exempt bonds. Response: The pollution control Response: Congress and the state should exemption places an undue burden on maintain the tax exemption for municipal host communities without incentivizing bond interest income. Congress should the environmentally responsible behavior also clarify the law to supersede proposed that it was originally created to IRS rules and thereby continue to allow encourage. The League of Minnesota housing and redevelopment authorities, Cities supports narrowing or eliminating economic development authorities and the pollution control equipment port authorities to issue tax exempt debt. exemption for investor-owned electric FF-15. Pollution Control generation facilities. The League would Exemption also support allowing utilities to continue to recover their costs relating to the Issue: Minnesota grants electric utilities and pollution control equipment by spreading several other industries a property tax those costs to electricity users. exemption for personal and real property FF-16. Representative Democracy that is primarily used for pollution control. Minnesota adopted the property tax and Local Control exemption that now extends to electrical Issue: Local officials are elected to make generation systems, agricultural operations, decisions on behalf of their community, and wastewater treatment facilities in 1967, including important taxation and before water and air pollution were heavily expenditure decisions. At times, the regulated by the Environmental Protection legislature has enacted blunt tools such as Agency and the Minnesota Pollution Control levy limits to supersede the discretion of city Agency. The language and the purpose of councils. Levy limits replace local these statutes have evolved through the accountability with a state judgment about years. When states first began adopting the appropriate level of local taxation and these tax incentives in the 1960s, they hoped local services. Additionally, state restrictions to encourage utilities, industrial plants, and on local budgets, ordinances and fees can others to install pollution control equipment. unnecessarily restrict the abilities of city Gradually, as regulation increased, states councils to respond to local needs and also adopted the exemptions to help companies have a negative effect on a city's bond rating offset the cost of the equipment. due to the restriction on revenue flexibility. This tax benefit erodes local tax bases. In 2013, more than $1.8 billion of personal and 144 As city officials try to plan for future local certain tort judgments), this preliminary needs, levy limits can be as much a floor as levy, by law,becomes the maximum that a ceiling on local government levies as local cities can levy the following year. As a officials try to anticipate future state actions result, cities may be unable to budget for by"levying to the limit"to preserve future unforeseen needs that arise after September levy authority. 30. Levy limits also fail to account for the Response: Cities should have the decertification of tax increment financing authority to increase the final levy from districts. Upon decertification, the property the preliminary levy with the approval of taxes that were formerly collected and used the commissioner of the Department of to support the public improvements in the Revenue, to meet additional, unforeseen TIF district can no longer be collected at the and uncontrollable needs,including same rate and used to support ongoing arbitrator awards resulting from labor general city operations. negotiations,the impact of new and Response: Local elected officials are existing federal or state mandates elected to make decisions about local including administrative rules, or other issues and concerns and act to meet non-discretionary budget factors. community needs in the short-term and The tax hearing and notification law the long-term. City councilmembers and should be carefully reviewed to assure city mayors are elected to represent their that the legislative intent is reflected in community in decision-making processes. the statutes. Those elected to serve are best suited to Specifically,the League of Minnesota make decisions closest to the people most Cities supports the following: closely affected. They make decisions about their activities in their city which a) Modifying Minn. Stat. § 275.065 to are reflective of their adopted municipal clearly and fully exclude cities of ordinances and annually adopted fee population 500 and under from the schedules. Local budgets, fees and budget and levy hearing ordinances are based on each particular requirements; city's own particular unique community b) Reinstating the exception to the tax needs, attributes and considerations. The hearing and notification requirements League of Minnesota Cities supports the for cities with more than 500 residents principle of representative democracy with a proposed levy increase below that allows local officials to make the implicit price deflator (IPD); and decisions without state or other restrictions. In order to assist local officials with the challenge of explaining legislative changes FF-17. Tax Hearing and to the property tax system,legislators Notification Process should attend and be encouraged to Issue: Cities must set a preliminary levy by participate in local government budget September 30, which is the levy used to hearings in their districts. compute the parcel-specific property tax FF-18. General Election notification forms. With only a few limited Requirement for Ballot Questions exemptions (e.g., voter-approved levies, levies for natural disasters and levies for Issue: Under current state law, when cities are required to seek voter approval on a 145 ballot question or where statutes allow reserves as a rationale for state aid cuts or voters to petition for an election on a council property tax payment delays. action(reverse referendum), these referenda FF-20. Local Option Sales Tax and can generally be held at a general or special election. This flexibility allows cities to City Revenue Diversification respond to local circumstances in a timely Issue: Under current state law, the property manner. tax is the only generally accessible form of Response: Cities should be allowed to local tax revenue for cities. Allowing cities conduct elections on ballot questions at a to diversify their revenue stream would help date and time set by the city council and prevent rapid additional future reliance on that complies with existing election the property tax. notification statutes. The basic public finance rationale for FF-19. City Fund Balances diversification of local tax systems is rooted in the fact that economists generally agree Issue: As a component of a prudent that there is no perfect tax. Each tax has financial management plan, cities maintain a unique strengths and weaknesses and the fund balance composed of cash flow funds, more intensively any single tax type is used, savings for projects, and rainy-day reserves the more obvious its shortcomings become. to maintain high level bond ratings and to For example, the property tax is generally minimize borrowing costs. Although the size regarded as being very stable throughout the of a city's fund balance should be economic cycle and it is considered to be a determined through local financial needs relatively easy tax to administer and enforce. and local preferences, some cities are being However, when property tax burdens criticized for maintaining "excessive" become too high, there may be negative reserves. As the recent pandemic unfolded, consequences for other public policy there were calls to delay tax payments by objectives such as business development and property owners, citing city fund balances as home ownership. evidence that cities could absorb cash flow delays. In addition to avoiding the problems created by excessive reliance on any single tax, a The Office of the State Auditor(OSA) balanced and diversified revenue system for report measures city fund balances on Minnesota cities may create a more December 31, shortly after the city receives favorable business climate and provide for its largest sources of revenue from the greater stability of revenues to the recipient property tax and state aid distributions. government unit throughout the course of Measuring at this time, however, yields a the economic cycle. picture of a high fund balance even though the city will spend down these funds to cash Under Minn. Stat. § 297A.99, the flow the next five to six months of its Legislature has created a set of local sales operations. tax rules and a defined process by which cities and other political subdivisions can Response: The state should respect local impose a general local option sales tax. decisions on adequacy of local fund Although the statutory process requires the balances. The League of Minnesota Cities city council to adopt a resolution supporting opposes any attempt to divert local the local sales tax, the process continues to reserves to benefit the state budget or use require the authorization of the local sales tax by the Legislature through the passage of 146 a special law before finally seeking voter c) Parks, trails, and recreational approval at a general election. facilities; The 2019 requirement to have separate d) Overpasses, arterial and collector ballot questions for each project has roads, or bridges, on, adjacent to, or challenged cities to draft ballot questions connecting to a Minnesota state that are clear to voters. Each question must highway; describe the project and the sales tax that e) Railroad overpasses or crossing safety will support the proposed project however, improvements; the requirement could confuse voters that each project would result in separate sales f) Transportation infrastructure tax rate increases that would be cumulative. improvements, including construction, Cities are also currently prohibited from repair of roadways, bridges and imposing a new sales tax for a period of airports; one-year from the expiration of an existing g) Flood control and protection; local sales tax under Minn. Stat. § 297A.99, h) Water quality projects to address subd. 3(d), which creates an administrative groundwater and drinking water challenge for retailers who collect the local pollution problems; sales taxes when local sales taxes blink off and then on again for a new project. i) Court facilities; City requests for sales tax authority continue j) Fire,law enforcement, or public safety to increase. In 2019, the legislature granted facilities; or local sales tax authority to an additional 16 k) Municipal buildings. cities and in 2021, an additional 16 cities were authorized to conduct a referendum to Local sales taxes would follow the process impose new or expanded local sales taxes. In outlined in Minn. Stat. § 297A.99 but 2023 the legislature authorized 32 cities for without the need for the approval by the either new local sales taxes or modifications Legislature and governor through the to existing authority. Additionally, the 2023 passage of special legislation. legislature created a two year moratorium on The existing general law governing local future consideration of any local sales tax sales (Minn. Stat. § 297A.99) should be authorizations and created a task force to modified as follows: make recommendations on how these a) The local referendum requirement requests should be handled moving forward. under Minn. Stat. § 297A.99, subd. Response: Cities should be able to 3(a) should be clarified to allow the diversify their sources of revenues. The referendum to occur at any November League of Minnesota Cities continues to election, regardless of whether a city support a statutory change to generally has candidates or questions on the allow a city to enact a local sales tax for ballot or a special election. public improvements and capital b) The requirement for separate ballot replacement costs,including but not limited to those specified in the 2019 questions for each proposed project legislation: under Minn. Stat. § 297A.99, subd. 3(a) should be clarified,possibly a) Convention or civic centers; through changes to the structure of b) Public libraries; the ballot,to avoid voter confusion. 147 Alternatively, the legislature should operators are required to obtain a franchise consider allowing a city the option of under Minn. Stat. ch. 238. combining projects into a single ballot Under a franchise, the city may require the question. utility to pay a fee to the municipality to c) The current prohibition on imposing a raise revenue or to defray increased new local sales tax for a period of one- municipal costs, such as maintenance and year from the expiration of an existing reconstruction costs, accruing as a result of local sales tax under Minn. Stat. § utility operations, or both. 297A.99, subd. 3(d), creates State law currently allows the franchise fee administrative challenges for retailers to be based upon gross operating revenues and should be repealed. or gross earnings of the utility from its d) The general law outlining the local operations in the municipality. In this sales tax process or individual special manner, all utility users within the laws should allow a city the flexibility municipality contribute to the public costs to modify the ballot question to associated with the utility operation. In the increase the total amount of the sales absence of franchise fees, municipal costs tax collected and extend the duration resulting from utility operations are of tax to cover unanticipated project currently being funded by property cost increases. taxpayers. State law should also be modified to Many cities also have policies related to generally authorize any city to impose utility company services and products that other types of taxes such as a local payroll could be supported under conditions of a tax or an entertainment tax with the franchise agreement, such as local adoption of a supporting resolution by the renewable energy and energy efficiency city council and after approval by the programs. Current statutes do not explicitly voters at a general or special election. provide city authority to include those types In addition, Minn. Stat. § 469.190 should of performance conditions in a franchise amended to allow cities to impose up to a agreement. five percent local lodging tax and to allow Under current law, cities are permitted to cities to modify the uses of their local engage residents when discussing a new or lodging tax revenues to meet local needs. renewed franchise fee arrangement in the Cities should also have general authority manner that best fits the community. A to create utilities, similar to the storm recent legislative proposal would have sewer utility authority, in order to fund added a prescriptive notification and reverse local services where benefit or usage of referendum requirement to the process of the service can be measured. imposing or renewing a franchise agreement FF-21. City Franchise Authority with a gas or an electric utility. Response: Municipal authority to collect Issue: Under Minn. Stat. ch. 216B and franchise fee revenues from utilities is an Minn. Stat. § 301B.01, a city may require a important and equitable mechanism to public utility furnishing gas or electric utility offset the costs of maintaining public services or occupying streets, highways or right-of-way and to generate a return on other public property within a municipality a publicly held asset. Municipal franchise to obtain a franchise to operate within the authority must be preserved and should community. In addition, cable system 148 be expanded to allow city policy priorities city or a city development authority or to be addressed through conditions in otherwise becomes tax exempt and removed franchise agreements that have the cost from the tax base, the taxes formerly paid by covered by local ratepayers,where the property owner are shifted to other, appropriate, and can be accomplished remaining taxable properties within the within the local franchise boundaries. The jurisdiction. When the acquired property is a League opposes adding a one-size-fits-all large percentage of the tax base of a city or notification requirement and a reverse other local unit of government, the shift in referendum procedure to the gas and taxes can be substantial. electric franchise fee process. In addition, Response: The state should establish a in situations where a local provider program to provide financial decides to sell their operations,the city compensation to all units of local must have the right of first refusal to government for court ordered property purchase the assets of the utility. tax refunds where the state has FF-22. State Assistance for determined values. Property Tax Refunds for State- FF-24. Payments for Services to Assessed Property Tax-Exempt Property Issue: State law requires certain property, Issue: Taxable property in many cities is including pipelines, railroad, utility property being acquired by nonprofit and government be assessed for property taxation purposes entities. Converting the property to tax- by the Minnesota Department of Revenue. exempt status can lead to serious tax base When companies challenge the valuation of erosion without any corresponding reduction these properties, local units of government in the service needs created by the property. may be required to refund excess taxes, which in some cases, can create financial 2013, legislation was introduced that hardship for local units of government and would have broadly exempted non-profit their taxpayers. property from paying user fees or service charges for any service funded in part with In 2021, the legislature appropriated$29.4 property taxes over the previous five years. million from the state's general fund to Under certain circumstances, this proposal reimburse a pipeline company for the tax could have potentially exempted non-profits court judgment. However, this one-time from paying for even utility charges. appropriation will not provide assistance to other recent tax court decisions. Response: Cities should have the authority to collect payments from Response: The state should establish a statutorily-exempt property owners to permanent program to provide financial cover costs of service similar to the compensation to all units of local authority provided under the special government for court ordered property assessment law. The League of Minnesota tax refunds where the state has Cities opposes legislation that would determined values. exempt non-profits from paying for user FF-23. Transition for Property fees and service charges that help fund Acquired by Tax-Exempt Entities services these organizations use. Issue: When an existing taxable property is acquired by a tax-exempt entity other than a 149 FF-25. Housing Improvement to repeal the general SSD authority for Areas and Special Service Districts cities. There are currently over 15 cities that Petitioned by Business have established SSDs around the state. Issue: In 1996, cities were granted general Additionally, in addressing the changing authority under Minn. Stat. §§ 428A.11-.21 landscape of modern urban cores and the to use Housing Improvement Areas (HIAs) increase of multi-family properties in in order to finance housing improvements downtown areas, the 2023 legislature for condominium and townhome complexes. allowed qualified multi-family properties to Several cities around the state have used this be included in SSDs. tool and found it to be a useful mechanism As cities work to develop and/or redevelop for maintaining older association homes. commercial, industrial, and residential areas, The 2013 Legislature also granted HIA new ways of paying for and providing authority to a county Community increased levels of service should be Development Authority(CDA). As part of available to local entities. Use of Special that authority, the CDA is required to gather Service Districts in mixed-use development local approval before creating an HIA. is one tool that could be available for this purpose. In 1996, the Legislature also gave cities the Response: The Legislature should give general authority to create Special Service cities permanent authority to create HIAs Districts (SSDs)under Minn. Stat. and SSDs. The League of Minnesota §§ 428A.01-.101. Cities around the state Cities supports the authority for cities to have used this tool to provide an increased level of service to commercial or industrial work with multi-family properties and businesses to establish SSDs and opposes areas, commonly in areas of retail efforts to restrict general authority of the concentration. SSDs are established at the tool. request of local businesses, who ultimately pay for and benefit from the increased level If the Legislature grants multi- of service. A SSD may be established jurisdictional entities the authority to anywhere in a city but only business create HIAs, creation of an HIA must property(i.e. commercial, industrial, utility, require local approval. or land zoned for commercial or industrial FF-26. Tax-Forfeited Properties use) will be subject to the service charge. Some special services have included street and Local Special Assessments and sidewalk cleaning, snow and ice Issue: Special assessments are a charge removal, lighting, signage, parking,parking authorized by the Legislature and state law, enforcement, marketing and promotion, imposed on properties for a particular landscaping, and security. A SSD may be improvement that benefits those selected established only by petition and the city properties. Cities follow complex, time- adopts an ordinance to establish it. Minn. consuming statutory special assessment Stat. §§ 428A.09-10 establishes procedures procedures to specially assess the for the business owners in the SSD to veto appropriate amount of the local or end the SSD. The 2013 legislature infrastructure improvements to those extended the sunset for both tools for 15 properties. years, making it set to expire on June 30, 2028. In 2017, the House considered If a property with validly attached special legislation that was ultimately unsuccessful assessments goes into tax-forfeiture, the 150 county auditor cancels all of the local unpaid building and development fees. special assessments due and remaining Further, due to large assessments that some unpaid on each parcel, which is authorized cities are left with, it may not be practical to in Minn. Stat. § 282.07. Therefore, the city sell a tax-forfeited property subject to a loses the funds previously budgeted and special assessment, and city taxpayers may planned for to pay for the local be forced to absorb the sunk costs of a improvements. To underline this point, the project in order to sell the property. funds have already been expended and if not State statutes governing the apportionment collected, result in losses to the city. of the proceeds from the sale of tax forfeit When tax-forfeited land returns to private property allow counties to first recover ownership, and the parcel benefitted from an administrative costs related to the tax improvement for which the city canceled forfeiture process before subsequent special assessments because of the allocations are made for special assessments forfeiture, the city may assess or reassess the and hazardous waste cleanup associated parcel. But cities must go through the same with the property. State law is unclear cumbersome notice and hearing procedures whether the proceeds from a tax forfeiture in order to re-attach the assessments. transaction should be used to reimburse the Response: The Legislature should remove county only for the expenses associated with cancellation of local special assessments the transacted parcel, or if the proceeds can from state law, allowing cities to receive be used to reimburse the county for the funding validly assessed and counted administrative costs associated with other on to fund local infrastructure parcels that were not transacted. When the improvements. latter allocation method is employed by a county, the transaction proceeds can be FF-27. Distribution of Proceeds disproportionately applied to county from the Sale of Tax-Forfeit administrative costs resulting in a lower Property allocation of remaining proceeds to cover existing special assessments, hazardous Issue: When properties go into tax forfeiture waste cleanup costs and ultimately the final all levels of government lose tax revenue allocation of residual tax forfeit sale that would otherwise support the services proceeds to cities. they provide. It is always in the best interest Iof taxpayers to return these properties to the addition, counties are allowed to use 30 tax rolls as quickly as possible. percent of the amount remaining after the deduction for administrative expenses and Although the tax forfeiture process is the repayment of special assessments for controlled by the county, and counties have forest development projects and then 20 a legitimate need to be reimbursed for percent of any remaining proceeds for reasonable administrative costs, the city county parks and recreation projects. The often has more at stake financially in terms structure of the distribution of the proceeds of costs fronted to facilitate development frequently results in cities receiving a very (e.g., assessments for public infrastructure small percentage of the initial forfeit sale and unpaid development or utility fees). proceeds. As a result, cities may not recoup While the tax forfeit procedure provides a even a portion of the unpaid taxes or special process for the repayment of special assessments owed on a property. assessments, it does not require the repayment of unpaid utility charges or 151 In most cases, cities and counties work for county forest development and county collaboratively to ensure that properties are park and recreation areas. The League returned to the tax rolls quickly to benefit all also supports the elimination of these taxpayers. However, when consensus is not separate statutory apportionments while reached, the tax forfeiture statutes place allowing counties to use their designated cities at a disadvantage and can 40 percent share of the remaining disproportionately burden the taxpayers of proceeds for these uses. the city in which the properties are located. FF-28. State Hazard Mitigation and Response: The League of Minnesota Response Support Cities believes the tax forfeiture statutes should be reviewed and amended as Issue: Cities in Minnesota are exposed to necessary to ensure that the needs of city extreme weather events such as winds, and county taxpayers are properly flooding, fires, and drought and are facing balanced. Specifically, the League the severe financial consequences of the supports changes in the distribution of clean-up, repairs, and community social and the proceeds from the sale of tax forfeit economic recovery, even though damages property contained in Minn. Stat. § may be deemed "not of such severity and 282.08 to elevate the priority for magnitude" as to qualify for federal repayment of unpaid charges for assistance. electricity, water and sewer charges Response: The League of Minnesota certified pursuant to Minn. Stat. § Cities calls on our legislators and state 444.075 subd. 3(e), and any unpaid fees executive agencies charged with hazard prescribed pursuant to Minn. Stat. § mitigation planning to address not only a 462.353 subd. 4(a), to require those response to extreme weather events but to unpaid charges and fees to be repaid also put into place a proactive strategy to immediately after unpaid special minimize or mitigate the financial assessments. consequences. At a minimum, this effort The proceeds from the sale of a tax should offer a reasonable loan funding forfeited parcel should be used to pay the program that is easily accessible by cities, assessments and administrative and businesses and homeowners to financially development costs for the transacted recover and rebuild, with the ultimate parcel. Minn. Stat. § 282.09 should be goal of preserving jobs, industries, and amended to prevent the proceeds from communities. the sales of a tax forfeited parcel to be The state response should allow for the used to pay excessive administrative costs use of new technology and best or the costs for other parcels in the county management practices for any until the city is fairly reimbursed for reconstruction of infrastructure to lessen unpaid assessments and development the impact of future disasters and to costs of the transacted parcel. mitigate the effects of disasters resulting Before the final distribution of any from future extreme weather events. remaining proceeds from the sale of tax FF-29. Library Funding forfeited land are distributed to cities, counties, and school districts, Minn. Stat. Issue: State law requires that local § 282.08(4)(i) and (ii) give counties the governments maintain a minimum level of right to take up to half of those proceeds funding for public library services. This is 152 collectively known as "state-certified levels county library system belong to MELSA as of library support," or more commonly affiliates of their county library system. The known as, "maintenance of effort(MOE)" funding of libraries in MELSA may be from and is described in Minn. Stat. § 134.34. a county levy, a city levy, a city library fund A majority of public libraries in Minnesota from the general city levy or a combination. belong a regional library system, which is Most libraries not only serve city residents, the entity that receives library funding from but also serve people that reside outside of the Minnesota Department of Education. Six city limits who, in some cases, are not fully of the 12 regional library systems are contributing to the upkeep, maintenance or structured as a federated system where the operations of the library through property individual libraries or library systems tax levies. While counties do contribute to operate autonomously from the regional municipal libraries, this support falls well library system but they can utilize certain short of the per capita amounts contributed services such as inter-library loan by city residents. distribution, digital card cataloging, which capitalize on economies of effort from City officials support libraries and believe partnering with the other libraries in the that a system of equitably funded libraries is regional system. The MOE for any city that needed. One approach that has been taxes separately for library services is now previously approved by the Legislature is set at 90% of the amount established in 2011 providing for funding through regional tax (see Minn. Stat. § 275.761). In 2011, it was levies designated as "library districts."A calculated using a formula that included district would have the authority to levy for payments made in the form of the library public library services in lieu of their employee salaries,payments toward member cities and counties. Under Minn. operating the facility,purchasing materials Stat. § 134.201, the Great River Regional from the library, and other operating costs, Library System and the East Central adjusted net tax capacity, and several other Regional Library System already have factors. The other half of the state's public authority to create library districts. library systems are consolidated systems, Some cities also contribute a supplemental where the regional library system runs the amount of funding separate from MOE libraries through a joint powers agreement requirements,usually to pay for building with counties and participating cities. The maintenance costs. When the state calculates regional library system has a board and hires the required MOE for each local unit of the director. A city that participates in the government, local building costs are regional system will have an MOE included in city MOE requirements and all (calculated as described above). The city monies cities contribute to a library MOE may include dollars provided directly building, except capital, are taken into to the regional library system or operating account. The MOE requirement is a mandate dollars provided to support building costs on cities that does not allow for local (i.e. city-provided maintenance services). decision making. However, it provides a In the metropolitan area, the seven county stable source of funding to protect the library systems and one city library system investment in library resources and services belong to the Metropolitan Library Services around the state. There are some groups that Agency(MELSA), the metro area regional are advocating for a restoration of the MOE library system. Most of the cities that to levels at least as high as the 2010 level. operate libraries independently from their 153 Response: The League of Minnesota FF-31. Increasing Safe School Levy Cities supports sufficient, stable and Authority equitable funding for local libraries to allow for local budget decision making. Issue: Strong partnerships between schools and local law enforcement are critical to The League supports changes to the school safety. Police School Resource library maintenance of effort by the Officers (SROs) are valued professionals in Legislature as follows: school communities and provide support, a) The required annual payment should safety and security for students, staff and the reflect the amount the city itself pays public. Further, SROs can provide regular toward maintenance, upkeep, and opportunities for informal,positive capital improvements to the library in interactions between students and police that year. personnel. b) If the MOE reduction in Minn. Stat. § Under Minn. Stat. § 126C.44, the Safe 275.761 is restored to a level at least as Schools Levy allows school districts to levy high as the 2010 level, it should be for costs associated with student and staff phased in over three years. safety based on student enrollment numbers. c) Any relief provided to the county Some eligible expenses include police liaison services; drug abuse prevention MOE requirement should not result in programs; gang resistance education additional funding requirements to training; school security; crime prevention; cities. and implementation of student and staff The League also supports the creation of safety measures. general authority for library systems to Using Safe Schools Levy authority, local create library taxing districts and the school boards may raise additional resources authority for municipal libraries to for school safety and security. Almost every charge non-residents for membership Minnesota school district currently levies and/or other services without the loss of the full amount of$36 per pupil. This any State or Federal aids. amount does not cover the full cost of FF-30. Park and Library Land Tax providing this important service, and local Break law enforcement agencies are not being fully compensated for providing SROs. Issue: As the price for land increases, it is becoming more difficult for cities and other Response: The League supports local units of government to compete with increasing the maximum Safe Schools developers to save and secure land and Levy from $36 per pupil up to $60 per easements that are deemed appropriate for pupil to ensure schools and communities park, library, trail, and green spaces. are able to continue providing safe schools programming. Response: The state should amend the tax laws to provide tax incentives for FF-32. Equitable Funding of property owners who sell land and Community Education Services easements to local units of government Issue: Under Minn. Stat. § 124D.20, school when the land is to be used for park, districts are authorized to levy for library, trail or green space purposes. community education programs that can include youth recreational activities. 154 However, state statute limits the total Response: Street maintenance is one of amount of revenue that can be raised by the the essential functions of cities in school district to fund community education Minnesota. The laws governing issuance programs and this limit has not been of bonds to maintain streets should be sufficiently increased in recent years. In amended to allow the approval of the many instances, cities participate in the bonds by a simple majority of the council. funding of these programs and with the The existing reverse referendum process statutory limit on the amount school districts assures that taxpayers could trigger a can levy, the increased cost of these referendum on the issuance of bonds if programs is increasingly falling on cities and they can meet the five percent petition their property taxpayers. In areas where the threshold. school district is significantly larger than the FF-34. Special Assessment Election city, the burden of funding these programs is falling disproportionately on city taxpayers Requirements while the programs benefit the entire school Issue: City Councils are best situated to district. In 2023 the legislature increased the recognize the need to replace infrastructure basic community education revenue and when to schedule the replacement allowance from $5.42 per capita to $6.35 per projects. Cities are often only able to carry capita beginning in fiscal year 2025. out these and other vital improvements by Response: The League of Minnesota issuing bonds and assessing some amount of Cities supports a periodic increase in the the cost to property owners. community education revenue Issuing bonds to finance most local authorization for school districts. improvement projects requires a special Increasing the amount of the community election unless the city can legally collect at service revenue available to school least 20% of the project costs through districts would provide a steady source of special assessments. As a legal limit, cities revenue,which would be assessed against cannot collect special assessments from any all properties in the school district, not property greater than the increase in fair just against properties in the city. market value bestowed to that property by FF-33. Street Reconstruction Bond the improvement(the "special benefit test"). Approval On occasion, the increase in property values as a result of the improvement can fail to Issue: Under Minnesota law, financing the add up to the 20%threshold necessary to maintenance of streets can be a challenge for finance projects without requiring a special city councils. Minn. Stat. § 475.58 subd. 3b, election. authorizes a city council, by two-thirds vote, to approve the issuance of bonds to finance Response: In order to facilitate the street reconstruction or bituminous overlays financing of public infrastructure without voter approval. The two-thirds projects, the threshold for requiring voter council approval requirement is further approval for issuance of improvement subject to a reverse referendum process bonds under Minn. Stat. 429.091 should whereby a number equal to five percent of be reduced to 15 percent. This change those voting in the last municipal general would provide more flexibility for cities election can petition for a referendum to with their construction/bonding/assessment approve the issuance of the bonds. decisions and may be more likely to 155 survive a challenge while still providing exclusion should be considered in concert value to the property owner. with the impact of the homestead credit FF-35. Homestead Market Value refund program Exclusion FF-36. State Fund for Non-weather- Issue: In 2011, the legislature repealed the related Disaster/Catastrophe Relief existing homestead market value credit Issue: Municipalities and other program and replaced it with a new governmental units are at risk of Homestead Market Value exclusion(Minn. experiencing disastrous events affecting Stat. § 273.13, subd. 35). Under the their communities beyond natural disasters, homestead market value exclusion, an whether from civil disturbances, industrial amount equal to 40 percent of the assessor's catastrophes, or other disastrous events. estimate of the home's market value for a Such events may result in unbudgeted and home up to $76,000 in market value is unfunded costs related to clean-up, repairs, excluded from taxation. For homes in excess "social"and economic recovery, of$76,000 of market value, the exclusion infrastructure restoration, rebuilding phases out as home values increase until it is structures, and other damage repair which totally phased out for homes over$413,800. may not be qualify for relief from Federal Recent trends in residential home values resources. While some limited State have significantly reduced the value of the resources may be available, cities do not exclusion for many homeowners. According have the resources to respond to such to the Minnesota Association of Realtors, in disasters. 2011, the median sales price of homes in Response: The League of Minnesota Minnesota, was $135,000, which received Cities supports the creation of a state an exclusion of$25,090 or nearly 19 percent fund to assist local communities in repair of the total value of the home. In 2021, the and response to these disastrous events median sales price was $306,750, which with the ultimate goal of preserving jobs, received an exclusion of$9,633, or just 3.1 industries, and communities. percent of the total value of the home. In response to these rising home values, in FF-37. Park Dedication 2023 the legislature modified the exclusion Issue: For decades, Minnesota cities have to equal 40% of the first$95,000 of market been permitted in Minnesota Law Chapter value. For homesteads valued between 462 to adopt ordinances that require a $95,000 and $517,200, the exclusion equals reasonable portion of land be dedicated to $38,000 minus 9% of the value over the public, or to impose a dedication fee on $95,000. Homesteads valued at $517,200 or new housing units and new commercial and more are not eligible to receive the industrial development in a city for parks. exclusion. These changes are effective As a result, cities across the state have been starting in assessment year 2024. able to create parkland that provides Response: The League of Minnesota intrinsic environmental, aesthetic, and Cities supports periodic modifications to recreation benefits to cities and their the homestead market value exclusion residents, which enhances property values, program to increase the benefit of the increases municipal revenue, and supports exclusion to qualifying homeowners. local economic development. However, Changes to the homestead market value current law only permits cities aside from Minneapolis and St. Paul to collect parkland 156 dedication only on subdivided land, which demand for parks and green spaces from the prohibits a city from collecting park new residential units. dedication or fees for redevelopment of Response: The legislature should preserve existing parcels that does not require existing city authority to require subdivision of the property,but still parkland dedication and park dedication generates need and impact for city parks. fees and amend Minn. Stat. § 462.358 to Cities with built out environments are allow all cities the option to require a particularly disadvantaged as new residential reasonable portion of land or park units are added via redevelopment or infill dedication fee on new housing units and development without the ability for cities to new commercial and industrial assess a fee or land dedication for the new development without the requirement residential units despite the increased that land be subdivided. 157 LMCvLEAGUE M I N N ESOTA CITIES League of Minnesota Cities 145 University Avenue West St. Paul,MN 55103-2044 TEL: (651)281-1200 (800) 925-1122 FAX: (651)281-1299 WEB: www.lmc.org 158 METRO CITIES Association of Metropolitan Municipalities Legislative Policies January 2024 Metro Cities Association of Metropolitan Municipalities 145 University Ave. W. St. Paul, Minnesota, 55103-2044 Phone: (651) 215-4000 Website: www.MetroCitiesMN.org Fax: (651) 281-1299 Twitter: @MetroCitiesMN Ms.Patricia Nauman Mr.Mike Lund Ms.Ania McDonnell Ms.Jennifer Dorn Executive Director Gov't Relations Specialist Gov't Relations Specialist Office Manager (651)215-4002 (651)215-4003 (651)215-4001 (651)215-4004 Patricia@,MetroCitiesMN.org Michael@MetroCitiesMN.org Ania@MetroCitesMN.org Jennifer@,MetroCitiesMN.org Table of Contents Municipal Revenue & Taxation 1 1-A State and Local Fiscal Relationship 1 1-B Revenue Diversification and Access 2 1-C Restrictions on Local Government Budgets 3 1-D Budget and Financial Reporting Requirements 3 1-E Local Government Aid(LGA) 3 1-F State Property Tax Relief Programs 4 1-G Property Valuation Limits/Limited Market Value 4 1-H Market Value Homestead Exclusion Program 5 1-I Metropolitan Area Fiscal Disparities Program 5 1-J State Property Tax 6 1-K Class Rate Tax System 6 1-L Regional Facility Host Communities 6 1-M Sales Tax on Local Government Purchases 7 1-N City Revenue Stability and Fund Balance 7 1-0 Public Employees' Retirement Association(PERA) 7 1-P State Program Revenue Sources 8 1-Q Post-Employment Benefits 9 1-R Health Care Insurance Programs 9 1-S State Budget Stability 9 1-T Taxation of Electronic Commerce 9 1-U Payments for Services to Tax Exempt Property 10 1-V Proceeds from Tax Forfeited Property 10 1-W Deputy Registrars 10 1-X Special Assessments 11 General Government 12 2-A Mandates, Zoning &Local Authority 12 2-B City Enterprise Activities 12 2-C Weapons on City Property 12 2-D 911 Telephone Tax 13 2-E 800 MHz Radio System 13 2-F Building Codes 13 2-G Administrative Fines 14 2-H Residential Programs 15 2-I Annexation 15 2-J Statewide Funding Sources for Local Issues with Regional Impact 16 2-K Urban Forest Management Funding 16 2-L Pollinator Habitat Resources 17 2-M Regulation of Harmful Substances and Products 17 2024 Legislative Policies Table of Contents 2-N Private Well Drilling Restriction Authority 17 2-0 Organized Waste Collection 18 2-P Election Administration 18 2-Q Utility Franchise Fees, Accountability and Cost Transparency 19 2-R Water Supply 19 2-S Regulation of Massage Therapists 21 2-T Peace Officer Arbitration Reform 21 2-U Public Safety Training and Resources 21 2-V Race Equity 22 2-W Street Racing 22 2-X Carjacking 23 2- NEW Adult-Use Cannabis 23 2- NEW Emergency Medical Services 24 2- NEW Copper and Other Metal Theft 25 2- NEW Open Meeting Law 25 2- NEW School Resource Officers 26 Housing & Economic Development 27 Policies 3-A to 3-J: Introduction 27 3-A City Role in Housing 27 3-B City Role in Affordable and Life Cycle Housing 28 3-C Inclusionary Housing 29 3-D Metropolitan Council Role in Housing 30 3-E Allocation of Affordable Housing Need 31 3-F Housing Policy& Production Survey 32 3-G State Role in Housing 32 3-H Federal Role in Affordable and Workforce Housing 35 3-I Vacant, Boarded, and Foreclosed Properties and Properties at Risk 36 3-J Housing Ordinance Enforcement 37 3-K Economic Development, Redevelopment and Workforce Readiness 37 3-K (1) Economic Development 38 3-K (2) Redevelopment 39 3-K (3) Workforce Readiness 40 3-L Tax Increment Financing (TIF) 41 3-M Eminent Domain 43 3-N Community Reinvestment 44 3-0 Business Incentives Policy 44 3-P Broadband Technology 45 3-Q City Role in Environmental Protection and Sustainable Development 46 3-R Impaired Waters 47 2024 Legislative Policies Table of Contents Metropolitan Agencies 48 4-A Goals and Principles for Regional Governance 48 4-B Regional Governance Structure 49 4-C Comprehensive Analysis and Oversight of Metropolitan Council 49 4-D Funding Regional Services 50 4-E Regional Systems 50 4-F Regional Water Supply Planning 51 4-G Review of Local Comprehensive Plans 51 4-H Comprehensive Planning Process 53 4-I Comprehensive Planning Schedule 53 4-J Local Zoning Authority 53 4-K Regional Growth 54 4-L Natural Resource Protection 55 4-M Inflow and Infiltration (I/I) 56 4-N Sewer Availability Charge (SAC) 57 4-0 Funding Regional Parks & Open Space 58 4-P Livable Communities 58 4-Q Density 59 4-R Comprehensive Plans and Environmental Review 60 Transportation 61 Transportation Policies and Funding Introduction 61 5-A Road and Bridge Funding 61 5-B Regional Transit System 62 5-C Transit Financing 64 5-D Street Improvement Districts 64 5-E Highway and Bridge Turn Backs & Funding 65 5-F "3C"Transportation Planning Process: Elected Officials' Role 65 5-G Electronic Imaging for Enforcement of Traffic Laws 65 5-H Transportation Network Companies and Alternative Transportation Modes 66 5-I Airport Noise Mitigation 66 5-J Funding for Non-Municipal State Aid(MSAS) City Streets 67 5-K County State Aid Highway(CSAH) Distribution Formula 67 5-L Municipal Input/Consent for Trunk Highways and County Roads 67 5-M Plat Authority 68 5-N MnDOT Maintenance Budget 68 5-0 Transit Taxing District 68 5-P Complete Streets 69 2024 Legislative Policies Table of Contents Committee Rosters 70 Municipal Revenue& Taxation 70 Housing &Economic Development 71 Metropolitan Agencies 73 Transportation & General Government 74 2024 Legislative Policies Municipal Revenue & Taxation 1-A State and Local Fiscal Relationship A functional state and local fiscal relationship must emphasize adequacy, equitability, sustainability and accountability for public resources and communication among the state, cities, and public.An effective partnership must also emphasize practices that strengthen collaboration and partnership between the state and local units of government. Services provided by cities are traditionally funded through a combination of property taxes, fees, and state aids. Increasingly, cities are bearing more costs for services that have historically been the responsibility of the state. Metro Cities supports a state and local fiscal partnership that emphasizes the following: • Strong financial stewardship and accountability for public resources that emphasizes efficiencies in service delivery and effective communication among the state, local units of government, and the public. • Reliable and adequate revenue sources including the property tax and local government aids, and dedicated funds to meet specific local needs. Metro Cities opposes diverting dedicated funds or local aids to balance state budgets. • Sufficient revenue sources available to cities that allow cities to address local needs and citizens to receive adequate services at relatively similar levels of taxation, and that maintain local, regional, and state economic vitality and competitiveness. • Full state funding to cover mandates enacted by the state, and flexibility for local governments in implementing state mandates to ensure local costs are minimized. • Adequate and timely notification regarding new legislative programs or modifications to existing programs or policies to allow cities time to plan for implementation and manage any effects on local budgeting processes. • Support for cooperative purchasing arrangements between the state and local units of government. Such arrangements must be structured to be able to address unexpected delays or other challenges in the procurement of goods, so that any disruptions to local government operations and services that may result from such delays are minimized. State officials should seek local feedback in the vetting of product vendors. 2024 Legislative Policies 1 Municipal Revenue & Taxation • The concept of performance measuring, but opposition to using state established measurements to determine the allocation of state aids to local governments or restrict the ability of local governments in establishing local budgets and levies. 1-B Revenue Diversification and Access Metro Cities supports a balanced and diversified revenue system that acknowledges diverse city characteristics, needs and capacities and allows for greater stability in revenues. The 2023 Legislature authorized several local taxes, and also established a temporary moratorium and task force that will examine local sales taxes as a revenue mechanism. Metro Cities continues to support the ability of a city to impose a local sales tax for public improvements and capital replacement costs using local processes specified by law but without the need for special legislation. Metro Cities supports changes to state laws governing local taxes to include the following: • A statutory clarification to allow a referendum to occur at any November election or special election. • A clarification of laws governing separate ballot questions for each proposed local project or allowing a city to combine projects into a single question, to avoid voter confusion. • A repeal of the prohibition on imposing a local sales tax for one year from the expiration of an existing local sales tax. • Changes to laws on the local sales tax process to allow a city flexibility to modify a ballot question to increase the amount of the collected tax and extend the duration of tax to cover unanticipated cost increases. The Legislature should recognize equity considerations involved with local sales taxes and continue to provide aids to cities that have high needs, overburdens and/or low fiscal capacity. Metro Cities supports a modification to laws governing local lodging taxes to allow cities to impose up to a five percent lodging tax, and the ability of cities to modify the uses of revenues to meet local needs. Metro Cities supports current laws providing for municipal franchise fee authority and opposes statutory changes such as reverse referendum requirements or other constraints that would reduce local authority and flexibility for establishing, amending, or renewing franchise fees and interfere with local public processes and goals for establishing such fees. 2024 Legislative Policies 2 Municipal Revenue & Taxation 1-C Restrictions on Local Government Budgets Metro Cities strongly opposes levy limits, reverse referenda, super majority requirements for levy and valuation freezes, or other restrictions on local government budgeting and taxing processes. Such restrictions undermine local budgeting and taxing processes, planned growth, and the relationship between locally elected officials and their residents by allowing the state to decide the appropriate level of local taxation and services, despite varying local conditions and circumstances. 1-D Budget and Financial Reporting Requirements State laws require cities to prepare and submit or publish numerous budget and financial reports. These requirements often create significant costs to cities, and some requirements result in duplication.Additional reporting requirements should have a clearly defined statement of public purpose and need that is not covered under existing requirements and should balance needs for additional information with the costs of compiling and submitting the information. Considering the number of existing reporting requirements, Metro Cities supports reducing the number of mandated reports. Metro Cities supports efforts to consolidate municipal government financial reporting requirements in the Office of the State Auditor, including an electronic submission alternative to any remaining paper filing requirements, and to authorize the use of web publication where newspaper publication is currently required. While Metro Cities recognizes that enacted statutory requirements to the local truth-in- taxation process enacted in 2022 are intended to enhance citizen involvement in budget processes, the new requirements are significant and will be administratively challenging to produce and disseminate. Existing requirements are expansive and were designed to maximize citizen engagement in budgeting processes. Metro Cities will continue to monitor the new law and its effects on local government processes and budgets. 1-E Local Government Aid (LGA) The state's prosperity and vitality depend significantly upon the economic strength of the metropolitan region, and cities within the region play critical roles in fostering the economic development,job creation and business expansion that underpin the state's economic health. Metro Cities supports the city Local Government Aid (LGA) program as a means of ensuring cities remain affordable places to live and work while meeting the public service needs of residents and businesses. Metro Cities supports updates to the LGA formula factors and an increase in the program appropriation consistent with recommendations by a work group of city associations. Recommended updates will ensure the LGA program adequately addresses city needs. 2024 Legislative Policies 3 Municipal Revenue & Taxation To ensure appropriation levels are adequate to meet program objectives, Metro Cities supports increasing the LGA appropriation to address cities'unmet need as defined by the LGA formula as well as increases in the LGA appropriation to account for inflation. Metro Cities supported the appropriation increase and updates to the LGA program formula passed by the 2023 Legislature. Many metropolitan cities do not receive LGA. Future reviews of the LGA program should be conducted every five years or earlier and should consider the needs and capacities of cities not receiving aid under the existing LGA program and formula. Metro Cities supports formula-based allocations for increases to the LGA appropriation, and opposes freezes of the LGA appropriation, reductions of LGA for balancing state budget deficits, and diversions of the LGA appropriation to other purposes or entities. Metro Cities opposes artificial limits or reductions that single out specific cities, and further opposes using LGA as financial leverage to influence activities and policy decisions at the local level. 1-F State Property Tax Relief Programs Metro Cities supports state funded property tax relief programs paid directly to homestead property taxpayers such as the "circuit breaker" program and enhanced targeting for special circumstances. Metro Cities also supports the renter's credit program. Metro Cities supports an analysis of property tax relief programs to determine their effectiveness and equity in providing property tax relief to individuals and families across the state. Metro Cities supports efforts by the Minnesota Department of Revenue to expand outreach and notification efforts about state property tax relief programs to homeowners, and notifications to local units of government to support such efforts. Metro Cities also supports legislative modifications to make tax relief payments to taxpayers automatic. Metro Cities supports the use of the Department of Revenue's Voss database to link income and property values, and the consideration of income relative to property taxes paid in determining eligibility for state property tax relief programs. Updates to the database should occur in a timely manner, with data reviewed periodically to ensure the database's accuracy and usefulness. 1-G Property Valuation Limits/Limited Market Value. Metro Cities opposes the use of artificial limits in valuing property at market for taxation purposes since such limitations shift tax burdens to other classes of property and create disparities between properties of equal value. 2024 Legislative Policies 4 Municipal Revenue & Taxation 1-H Market Value Homestead Exclusion Program The Market Value Homestead Exclusion Program (MVHE)provides property tax relief to qualifying homesteads, through reductions in property tax values, which shifts property taxes within jurisdictions. The MVHE replaced a former Market Value Homestead Credit Program, which provided credits on local government tax bills to qualifying properties, with reimbursements provided by the state to local governments. Metro Cities opposes restoration of the former Market Value Homestead Credit, as reimbursements to local governments were inconsistent, and encourages further study of the exclusion program,with input by city officials, to determine the program's overall efficacy and its effects on local tax bases. Due to the recent rapid increase in home values, Metro Cities supported 2023 modifications to the homestead market value exclusion program to increase the benefit of the exclusion to qualifying homeowners and will continue to support future periodic modifications for qualifying homeowners. Changes to the homestead market value exclusion should be considered in concert with the impact of the homestead credit refund program. 1-I Metropolitan Area Fiscal Disparities Program The Metropolitan Area Fiscal Disparities Program, enacted in 1971, was created for the purposes of: • providing a way for local governments to share in the resources generated by the growth of the metropolitan area without removing existing resources; • promoting orderly development of the region by reducing the impact of fiscal considerations on the location of business and infrastructure; • establishing incentives for all parts of the area to work for the growth of the area as a whole; • helping communities at various stages of development; and • encouraging protection of the environment by reducing the impact of fiscal considerations to ensure protection of parks, open space and wetlands. Metro Cities supports the Fiscal Disparities Program. Metro Cities opposes any diversion from the fiscal disparities pool to fund specific state, regional or local programs, goals or projects as such diversions contradict the purposes of the program. 2024 Legislative Policies 5 Municipal Revenue & Taxation Legislation that would modify or impact the fiscal disparities program should only be considered within a framework of comprehensive reform efforts of the state's property tax, aids, and credits system.Any proposed legislation that would modify or impact the fiscal disparities program must be evaluated utilizing the criteria of fairness, equity, stability, transparency, and coherence in the treatment of cities and taxpayers across the metropolitan region and must continue to serve the program's intended purposes. Metro Cities opposes legislation that would allow for capturing and pooling growth in residential tax capacity to fund specific programs or objectives. Further studies or task forces to consider modifications to the fiscal disparities program must include participation and input from metropolitan local government representatives. 1-J State Property Tax The state levies a property tax on commercial/industrial and cabin property. Since cities' only source of general funds is the property tax, Metro Cities opposes extension of the state property tax to additional classes of property. Metro Cities opposes using the state property tax to fund specific programs or objectives generally funded through state income and sales tax revenue. To increase transparency, Metro Cities supports efforts to have the state provide information on the property tax statement regarding the state property tax. Metro Cities opposes exempting specific classes of property under the tax as such exemptions shift the costs of the tax onto other classes of property. 1-K Class Rate Tax System Metro Cities opposes elimination of the class rate tax system or applying future levy increases to market value since this further complicates the property tax system. 1-L Regional Facility Host Communities Municipalities hosting regional facilities such as utilities, landfills or aggregate mining incur costs and effects such as environmental damage or lost economic development opportunities. Communities should be compensated for the effects of facilities that provide benefits to the region and state. Metro Cities supports efforts to offset the negative effects of these facilities and activities on host communities. Metro Cities would prefer that municipalities be allowed to collect a host fee that may be adjusted when state decisions affect those fees. 2024 Legislative Policies 6 Municipal Revenue & Taxation 1-M Sales Tax on Local Government Purchases Metro Cities supported the 2013 reinstatement of the sales tax exemption for purchases of goods and services made by cities. This reinstatement does not apply to all local government purchases. To ensure citizens receive the full benefit of this exemption, the law should treat purchases of all local government units the same, including purchases made by special taxing districts,joint powers entities, or any other agency or instrumentality of local government. Metro Cities supports simplifying the process on the exemption for construction materials that is complex and cost ineffective or converting the process to a refund program. Metro Cities supported the law enacted in 2021 that exempts construction materials purchased to construct public safety facilities from state sales tax. Metro Cities supports granting an extension of the motor vehicle sales tax exemption to all municipal vehicles that are used for general city functions and are provided by governmental entities. Currently, only certain vehicles, including road maintenance vehicles purchased by townships, and municipal fire trucks and police vehicles not registered for use on public roads, are exempt from the MVST. 1-N City Revenue Stability and Fund Balance Metro Cities opposes state attempts to control or restrict city fund balances, or to use city fund balances as a rationale for reducing state aids or property tax payment delays. These funds are necessary to maintain fiscal viability, meet unexpected or emergency resource needs, purchase capital goods and infrastructure, provide adequate cash flow and maintain high level bond ratings. 1-0 Public Employees' Retirement Association (PERA) Metro Cities supports employees and cities sharing equally in the cost of necessary contribution increases and a sixty percent employer/forty percent employee split for the PERA Police and Fire Plan. Metro Cities also supports state assistance to local governments to cover contribution burdens placed on cities over and above contribution increases required by employees. Cities should receive sufficient notice of increases so that they may take them into account for budgeting purposes. Metro Cities opposes benefit improvements for active employees or retirees until the financial health of the PERA General Plan and PERA Police and Fire Plan are restored. Metro Cities supports modifications to help align PERA contributions and costs, and reduce the need for additional contribution increases, including a modification of PERA eligibility guidelines to account for temporary, seasonal, and part-time employment situations, the use of pro-rated service credit and a comprehensive review of exclusions to 2024 Legislative Policies Municipal Revenue & Taxation simplify eligibility guidelines. Further employer contribution rate increases should be avoided until other cost alignment mechanisms are considered. Metro Cities supports cities and fire relief associations working together to determine the best application of State Fire Aid. Flexibility in the application of aid, where combination departments exist, will ensure that fire services can be provided in the most cost-effective means possible. Regarding police pension contributions, Metro Cities supports a proactive review of factors contributing to the financial status of police and fire pension plans,to ensure that structural adjustments are considered in conjunction with potential increases in employee and employer contribution rates. Specifically, an area that could be considered is contractual overtime impacts on pension levels. In recent years, the number of public safety employees seeking duty disability determinations through the Public Employees Retirement Association(PERA) and making workers' compensation claims for line-of-duty injuries has accelerated. The current system for processing and addressing duty disability benefits can be incompatible with the goal of restoring good health and returning employees to work and the fiscal implications of the increasing number of claims are unsustainable for employers and,ultimately, taxpayers. Metro Cities supports efforts by the League of Minnesota Cities and cities to invest resources into mental and physical injury, education, prevention, and treatment, and to gather empirical evidence related to the treatability of mental health injuries and provide early treatment. Metro Cities further supports full state funding for the Public Safety Officer Benefit account that reimbursees employers for continued health insurance to police officers and firefighters injured in the line of duty, funding to reimburse local governments for providing paid time off to public safety employees who experience work related trauma and/or are seeking treatment for a mental injury, and funding for trauma training, early intervention, and mental health treatment. Metro Cities supports removing the sunset of the PERA aid that is paid to local units of government to help address increased employer contribution costs. 1-P State Program Revenue Sources Metro Cities opposes any attempt by the state to finance programs of statewide value and significance, that are traditionally funded with state revenues,with local revenue sources such as municipal utilities or property tax mechanisms. Statewide programs serve important state goals and objectives and should be financed through traditional state revenue sources such as the income or sales tax. Metro Cities further opposes substituting traditionally state funded programs with funding mechanisms that would disparately affect taxpayers in the metropolitan area. For these reasons, Metro Cities opposed the metropolitan sales tax for the purposes of funding housing,that was enacted in 2023. 2024 Legislative Policies 8 Municipal Revenue & Taxation 1-Q Post-Employment Benefits Metro Cities supported statutory changes that allow local governments to establish trusts from which to fund post-employment health and life insurance benefits for public employees,with participation by cities on a strictly voluntary basis, in recognition of differing local needs and circumstances. Cities should retain the ability to determine the level of post-employment benefits to employees. 1-R Health Care Insurance Programs Metro Cities supports legislative efforts to control health insurance costs but opposes actions that undermine local flexibility to manage rising insurance costs. Metro Cities encourages a full examination of the rising costs of health care and the impacts on city employers and employees. Metro Cities also supports a study of the fiscal impacts to both cities and retirees of pooling retirees separately from active employees. 1-S State Budget Stability Metro Cities strongly supports a state revenue system that provides for stability, flexibility, and adequacy in the system, reduces volatility in state revenues and improves the long- term balance of state revenues and expenditures. Metro Cities supports a statutory budget reserve minimum that is adequate to manage risks and fluctuations in the state's tax system and a cash flow reserve account of sufficient size so that the state can avoid short-term borrowing to manage cash flow fluctuations. Metro Cities supports the principle of representative democracy, and strongly opposes including tax and expenditure limits in the state constitution, as well as new constitutional amendments, as these limit flexibility by the Legislature and local governments to respond to unanticipated critical needs, emergencies, or fluctuating economic situations. Metro Cities also supports an examination of the property tax system and the relationships between state and local tax bases, with an emphasis on state budget cuts and effects on property taxes. State budget deficits must be balanced with statewide sources and must not further reduce funding for property tax relief programs and aids to local governments that result in local governments bearing more responsibility for the costs of services that belong to the state. 1-T Taxation of Electronic Commerce Metro Cities supports efforts to develop a streamlined sales and use tax system to simplify sales and use tax collection and administration by retailers and states. Metro Cities supports policies that encourage remote retailers to collect and remit state sales taxes in states that are complying with the Streamlined Sales and Use Tax Agreement. 2024 Legislative Policies 9 Municipal Revenue & Taxation Metro Cities opposes legislation that allows accommodation intermediaries such as online travel companies a tax exemption that terminates obligations to pay hotel taxes to state and local governments, or otherwise restricts legal actions by states and localities. The Legislature in 2011 clarified that these services are subject to state sales tax. Metro Cities supports statutory changes to further clarify that all lodging taxes, whether administered by the state or locally, apply to total charges,including charges for services provided by accommodation intermediaries. 1-U Payments for Services to Tax Exempt Property Metro Cities supports city authority to collect payments from tax exempt property owners to cover costs of services to those entities, similar to statutory authority for special assessments. Metro Cities opposes legislation that would exempt nonprofit entities from paying user fees and service charges. 1-V Proceeds from Tax Forfeited Property Metro Cities supports changes to state laws governing the proceeds for tax forfeited properties. Currently, counties can recover administrative costs related to a property before other allocations are made, and the law allows for the county to recoup a percentage of assessment costs once administrative costs are allocated. The result is often no allocation or a very low allocation, and usually insufficient level of proceeds available for covering special assessments, unpaid taxes, and fees to cities. State processes addressing tax-forfeited properties can have implications for local land use plans and requirements and can result in unexpected and significant fiscal impacts on local communities. The current process also does not require the repayment of unpaid utility charges or building and development fees. Metro Cities supports statutory changes that balance repayment of unpaid taxes and assessments, utility charges and other fees and that more equitably allocates the distribution of proceeds between counties and cities. 1-W Deputy Registrars In 2019, state officials elected to replace the MNLARS system with the Vehicle Title and Registration System (VTRS), also known as MNDRIVE. A 2022 Independent Expert Review found that the MNDRIVE system has increased overall reliability and accuracy across the driver and vehicle services ecosystem, but that deputy registrars are still experiencing difficulties that threaten their continued viability. Specifically, the transition to MNDRIVE has meant that more work is being done at service point counters and more staff time is being spent with customers. At the same time, simpler transactions have moved online. 2024 Legislative Policies 10 Municipal Revenue & Taxation Some registrar offices have relied on other local revenues, such as the property tax, to manage normal expenses due to unresolved glitches in the system and a shift from the state to the local level for additional processing time. These challenges have also created a high potential for negative public perceptions on local government services, on an issue over which local governments have no ability to control. Metro Cities supports state funding to compensate local deputy registrars for unanticipated, increased costs associated with the MNDRIVE system, and the shifting of per-transaction processing burdens that may result from the implementation of MNDRIVE. As the state works to identify efficiencies in the vehicle registration process and system, policy makers must consider the effects of changes on the financial viability of deputy registrars resulting from decreases in transaction fees collected by local registrars. The perspectives from local deputy registrars should have increased weight in discussions regarding future MNDRIVE system enhancements. Metro Cities supports increases to existing transaction fee levels that are set by state law, to ensure that local deputy registrars can sufficiently function and meet continually evolving local registrar service needs and address any necessary modifications to registrar operations to ensure these services can be provided safely to the public. Metro Cities further supports sharing revenue from mail-in and online transactions between Driver and Vehicle Services (DVS) and deputy registrars. 1-X Special Assessments When property owners challenge special assessments based on application of the special benefit test, some courts have interpreted"benefits received"to mean the one-year increase in property value that is directly attributable to a construction project. There is currently no consistency between state laws and rulings by some courts on the term"benefits received". Metro Cities supports modifications to state laws governing special assessments for construction projects or other improvements arising from legislative authority to clarify the definition of "benefits received". The modified definition should more closely align with how special assessments are calculated and recognizes that the benefit of the improvement to a property may be realized over time and not within one year. 2024 Legislative Policies 11 General Government 2-A Mandates, Zoning & Local Authority To serve their local citizens and communities, city officials must have sufficient local control and decision-making authority. Metro Cities supports local decision-making authority and opposes statutory changes that erode local authority and decision making. Minn. Stat. § 462.357, subd. 1, provide cities authority to regulate and set local ordinances for zoning. Metro Cities supports existing state laws that provide for this authority. Metro Cities supports statutory changes that give local officials greater authority to approve or deny variances to allow flexibility in responding to the needs of the community. Metro Cities also supports the removal of statutory barriers to uniform zoning ordinance amendment processes for all cities, regardless of city size classification. Metro Cities opposes the imposition of legislative mandates that increase local costs without a corresponding state appropriation or funding mechanism. Unfunded mandates potentially increase property taxes and impede cities' ability to fund traditional service needs. To allow for greater collaboration and flexibility in providing local services, Metro Cities encourages the removal of barriers to coordination between cities and other units of government or entities. 2-B City Enterprise Activities Creation of an enterprise operation allows a city to provide a desired service while maintaining financial and management control. The state should refrain from infringing on this ability to provide and manage services for the benefit of a local community and residents. Metro Cities supports cities having authority to establish city enterprise operations in response to community needs, local preferences, or state mandates, or that help ensure residents' quality of life. 2-C Weapons on City Property Cities should be allowed to prohibit handguns and other weapons in city-owned buildings, facilities, and parks and to determine whether to allow permit-holders to bring guns into municipal buildings, liquor stores, city council chambers and city sponsored youth activities. It is not Metro Cities' intention for cities to have the authority to prohibit legal weapons in parking lots, on city streets, city sidewalks or on locally approved hunting land. Metro Cities supports local control to prohibit or restrict the possession of dangerous weapons, ammunition, or explosives on local government-owned or leased buildings and land. 2024 Legislative Policies 12 General Government 2-D 911 Telephone Tax Public safety answering points (PSAPs)must be able to continue to rely on state 911 revenues to pay for upgrades and modifications to local 911 systems, maintenance and operational support, and dispatcher training. Metro Cities supports state funding for technology and training necessary to provide the number and location of wireless and voice over internet protocol(VoIP) calls to 911 on computer screens and transmit that data to police, fire and first responders. 2-E 800 MHz Radio System Metro Cities urges the Legislature to provide cities with the financial means to obtain required infrastructure and subscriber equipment (portable and mobile radios) as well as provide funding for operating costs, since the prime purpose of this system is to allow public safety agencies and other units of government the ability to communicate effectively. Metro Cities supports the work of the Metropolitan Emergency Services Board (previously the Metropolitan Radio Board) in implementing and maintaining the 800 MHz radio system so long as cities are not forced to modify their current systems or become a part of the 800 MHz Radio System unless they so choose. 2-F Building Codes Thousands of new housing units as well as commercial and industrial buildings are constructed annually in the metropolitan area. The State Building Code (SBC) sets statewide standards for the construction, reconstruction, alteration, and repair of buildings and other structures governed by the code.A building code provides many benefits, including uniformity of construction standards in the building industry, consistency in code interpretation and enforcement, and life- safety guidance. Metro Cities supports an equitable distribution of fees from the Construction Code Fund, with proportional distribution based on the area of enforcement where fees were received. Metro Cities further supports efforts by the state, cities, and builders to collectively identify appropriate uses for the fund, including education, analysis of new materials and construction techniques, building code updating, building inspector training, and development of performance standards and identification of construction "best practices." Metro Cities supports including the International Green Construction Code as an optional appendix to the State Building Code to allow cities to utilize appropriate parts of those guidelines in their communities. Metro Cities also supports adopting the international 2024 Legislative Policies 13 General Government energy conservation code to the state building code without amendments. Metro Cities does not support legislative solutions that fail to recognize the interrelationships among builders, state building codes and cities. Metro Cities supports efforts to increase awareness of the potential impacts and benefits of requiring sprinklers in new homes and townhouses. Metro Cities supports discussion and the dissemination of information on these impacts via the code adoption process through the Department of Labor and Industry. Metro Cities supports adopting and amending the State Building Code through the rulemaking process and opposes legislative changes to building codes absent unusual or extraordinary circumstances. As energy costs continue to rise, more attention must be paid to the poor energy efficiency of much of the existing housing stock as well as commercial and industrial buildings. Homes and other buildings that are energy inefficient are more costly to maintain and create added cost to ownership and occupancy. Making homes and buildings more energy efficient will make them more affordable to operate and will help the state achieve energy demand goals and will reduce greenhouse gas emissions. This includes supporting legislation to increase the efficiency of buildings on a pathway toward net zero energy. Metro Cities supports state funding and technical support for programs that provide support for property owners for weatherization and energy efficiency improvements, including programs available for local governments. While a single set of coordinated codes helps provide consistency in code administration and enforcement, implementation of sustainable building design, construction, and operation does not readily integrate with the existing state building and energy code system.As a result, many cities are interested in adopting stronger local standards for sustainable development and conservation. Metro Cities supports authorizing cities to employ stronger local standards for sustainable development and conservation that will help inform the state code development process. The state should include an optional sustainable appendix to the State Building Code to allow cities to utilize appropriate parts of guidelines in their communities. Metro Cities also supports the state adopting an advanced energy building standard for buildings within the State Building Code and allowing cities to adopt their own enhanced standards. 2-G Administrative Fines Administrative fines can be used to moderate local costs associated with traditional methods of citation, enforcement, and prosecution. Metro Cities supports the administrative fine authority that allows cities to issue administrative fines for defined local traffic offenses and supports further modifications to enhance functionality of this authority. Metro Cities continues to support cities' authority to use administrative fines for regulatory ordinances 2024 Legislative Policies 14 General Government such as building codes, zoning codes, health codes, and public safety and nuisance ordinances. Metro Cities supports the use of city administrative fines, at a minimum, for regulatory matters that are not duplicative of misdemeanor or higher-level state traffic and criminal offenses. Metro Cities also endorses a fair hearing process before a disinterested third party. 2-H Residential Programs Sufficient funding and oversight is needed to ensure that residents living in residential programs have appropriate care and supervision and that neighborhoods are not disproportionately impacted by high concentrations of residential programs. Historically, federal and state laws have discouraged the concentration of residential group homes so as not to promote areas that reinforce institutional quality settings. Under current law, operators of certain residential programs are not required to notify cities when they intend to purchase single-family housing for this purpose. Cities do not have the authority to regulate the locations of residential programs. Cities have reasonable concerns about high concentrations of these facilities in residential neighborhoods, and additional traffic and service deliveries surrounding these facilities when they are grouped closely together. Municipalities recognize and support the services residential programs provide. However, cities also have an interest in preserving balance between residential programs and other uses in residential neighborhoods. Providers applying to operate residential programs should be required to notify the city when applying for licensure to be informed of local ordinance requirements as a part of the application process. Licensing agencies should be required to notify the city of properties receiving licensure to be operated as residential programs. Metro Cities supports changes to Minn. Stat. §245A.11, subd. 4, to allow for appropriate non-concentration standards for all types of cities to prevent clustering. Metro Cities supports statutory modifications to require licensed agencies and licensed providers that operate residential programs to notify the city of properties being operated as residential programs. Metro Cities also supports the establishment of appropriate non-concentration standards for residential programs, to prevent clustering, and supports enforcement of these rules by the appropriate county agencies. 2-I Annexation Attempts have been made in recent years to reduce tensions between cities and townships in annexations.A Municipal Boundary Adjustment Task Force worked to develop recommendations regarding best practices annexation training for city and township officials to better communicate and jointly plan potential annexations. While the task force defined differences between cities and townships, no significant advancements were made in creating best practices. 2024 Legislative Policies 15 General Government Metro Cities supports continued legislative efforts to develop recommendations regarding best practices and annexation training for city and township officials to better communicate and plan for potential annexations. Further, Metro Cities supports substantive changes to the state's annexation laws that will lead to better land use planning, energy conservation, greater environmental protection, fairer tax bases, clarification of fee reimbursement and fewer conflicts between townships and cities. Metro Cities also supports technical annexation changes that are agreed to by cities and townships. 2-J Statewide Funding Sources for Local Issues with Regional Impact Many issues including, but not limited to, a metropolitan area groundwater monitoring network, emerald ash borer management, perfluoroalkyl and polyfluoroalkyl substances (PFAS/PFOS), and the cleanup of storm-water retention ponds, come with significant local costs, and have effects that reach beyond municipal boundaries. Metro Cities supports the availability of statewide funding sources to address local issues that have regional or statewide significance or are caused by state or regional actions. Metro Cities opposes any requirement to enact ordinances more restrictive than state law in exchange for access to these funds. 2-K Urban Forest Management Funding Urban forests are an essential local infrastructure component. Dutch elm disease, oak wilt disease, drought, storms, and emerald ash borer threaten public investments in trees and controlling these issues can be greatly consequential for city budgets. The Minnesota Department of Natural Resources, through its Urban and Community Forestry program, and the Minnesota Department of Agriculture, through its Shade Tree and Invasive Species program, have regulatory authority to direct tree sanitation and control programs.Although these programs allow for addressing some tree disease, pest, and other problems, funding has been inadequate to meet the need of cities to build capacity for tree programs and respond to catastrophic problems. Cities share the goal of the state's ReLeaf Program—promoting and funding the inventory, planning, planting, maintenance, and improvement of trees in cities throughout the state. In addition, economic and environmental gains for storm water management, climate change mitigation, air quality management, tourism, recreation, and other benefits must be protected from tree loss.A lack of timely investment in urban forests costs cities significantly more in the long run. Metro Cities supports continued funding for state programs to assist cities with building and increasing capacity for urban forest management, meeting the costs of preparing for, and responding to, catastrophic urban forest problems and preventing further loss and increasing canopy coverage. Specifically, direct grants to cities are desperately needed for the 2024 Legislative Policies 16 General Government identification, removal, replacement, and treatment of trees related to management of emerald ash borer (EAB). 2-L Pollinator Habitat Resources Recent declines in the abundance of pollinator insects, such as bees and butterflies, have been identified by the United Nations Food and Agriculture Organization as a threat to food security, as these insects are an important method of plant pollination.According to the US Fish and Wildlife Service, the main threats facing pollinators are habitat loss, degradation and fragmentation. Pollinators lose food and nesting sites they need to survive when native vegetation is replaced by roadways, manicured lawns, crops and non-native gardens. This can have added detriment to pollinators that migrate. Research has shown that providing these insects with more habitat can create the conditions for these insect populations to recover. Converting traditional grass lawns has been identified as way to increase pollinator habitat. The Minnesota Legislature created the Lawns to Legumes program, which provides grants to private homeowners to convert traditional lawns to pollinator friendly landscape. The program also funds demonstration neighborhoods, which are pollinator programs run by local governments and nonprofit organizations. Metro Cities supports state funding to programs such as Lawns to Legumes that create pollinator habitat on both public and private lands. 2-M Regulation of Harmful Substances and Products In metropolitan regions where most cities share boundaries with other cities, local bans of harmful drugs and substances such as synthetic drugs, which have been found to be dangerous, do not eliminate access to these products unless all cities take the same regulatory action. Metro Cities supports statewide regulation and prohibition of products or substances in circumstances where there is evidence that products present a danger to anyone who uses them, where there is broad local support for a ban and where corresponding regulatory issues have regional or statewide significance. In addition, the Legislature should provide for the regulation of products that are known to damage water quality, sewer collection, and storm and wastewater treatment systems, not just at the treatment and infrastructure maintenance levels, but at the consumer and manufacturing levels, through accurate labeling of products, public education, and recycling and re-use programs. 2-N Private Well Drilling Restriction Authority Cities are authorized to enact ordinances that disallow the placement of private wells within city limits to ensure both water safety and availability for residents and businesses. This authority is 2024 Legislative Policies 17 General Government important for the appropriate management of local water supply conservation efforts. Municipal water systems are financially dependent upon users to operate and maintain the system.A loss of significant rate payers resulting from unregulated private well drilling would economically destabilize water systems and could lead to contamination of the water supply. Metro Cities supports current law authorizing cities to regulate and prohibit the placement of private wells within municipal utility service boundaries and opposes any attempt to remove or alter that authority. Metro Cities supports funding that can be used to cap private wells. 2-0 Organized Waste Collection Cities over 1,000 in population are required by law to ensure all residents have solid waste collection available to them.A city can meet the statutory requirement by licensing haulers to operate in an open collection system, authorize city employees to collect waste, or implement organized collection through one or multiple haulers to increase efficiency, reduce truck traffic and control costs to residents. Metro Cities supports current laws that allow cities to work with existing haulers to achieve the benefits of organized collection or investigate the merits of organized collection without the pressure of a rigid timeline and requirement to pass 'an intent to organize' at the beginning of the discussion process. Metro Cities opposes any legislation that would further increase the cost or further complicate the process cities are required to follow to organize waste collection or prohibit cities from implementing, expanding or using organized waste collection. Metro Cities supports state funding to local governments to increase the availability of material and organic recycling. 2-P Election Administration Cities play a critical role in managing and ensuring the integrity of elections.Any changes made to election laws should not place undue financial or administrative burdens on local governments. Metro Cities supports reimbursement by the state to local units of government for any costs associated with changes to election laws. State laws that allow the filling of municipal vacancies by special election on one of four days specified in law, can create logistical and financial challenges for municipalities. Metro Cities supports changes to state laws that allow sufficient flexibility for municipalities in addressing vacancies in municipal offices. Metro Cities supports laws to increase efficiencies in administering absentee ballots and early voting, to reduce the potential for errors, and to improve absentee balloting and early voting processes. Metro Cities further supports: 2024 Legislative Policies 18 General Government • Laws allowing in-person absentee voters to place their ballots in a secure tabulator, and statutory changes to allow this for the duration of absentee voting. • Establishing an earlier deadline for ending in-person absentee voting. • Revising absentee ballot regulations to allow any person 18 and older to witness the absentee process and sign the envelope as a witness. • Authorizing cities with health care facilities to schedule election judges to conduct absentee voting at an earlier date in health care facilities. • Additional funding and flexibility for cities that administer absentee balloting and early voting given the extended early voting period and required hours of operation during evenings and weekends. 2-Q Utility Franchise Fees, Accountability and Cost Transparency Minnesota cities are authorized by Minn. Stat. 216B and Minn. Stat. § 301B.01 to require a public utility(gas or electric)that provides services to the city or occupies the public right of way within a city to obtain a franchise. Several metro area cities have entered agreements that require the utility to pay a fee to help offset costs of maintaining the right of way. Cities are also adopting energy policies that use renewable energy resources to light or heat public facilities. Policies and programs have also been instituted in cooperation with the public utility franchisee to increase energy efficiency for all users. Cities also contract, at city expense, with public utilities to "underground"wires. State laws also require energy companies to provide more electric energy from renewable sources. The specific amounts vary by type of utility. Metro Cities supports state policies adopted by legislation or through rules of the Public Utility Commission that provide cities with the authority to include city energy policies and priorities in a franchise or similar agreement with a franchisee. Metro Cities supports greater accountability and transparency for city paid costs associated with underground utility and similar work performed by electric utilities as part of a local project. 2-R Water Supply Municipal water suppliers are charged with meeting the water supply needs of their communities and work to do so with safe, reliable, and cost-effective systems that are sustainable both for established cities and for all future growth. The aquifers in the metropolitan area cross municipal boundaries and therefore require a coordinated regional approach to planning for their future availability. Currently, approximately 2024 Legislative Policies 19 General Government 75% of municipal water supply in the metropolitan area comes from groundwater. With proper management of the resource, the current water supply in the region is adequate; however, Metropolitan Council projections predict localized declines in aquifer availability due to population growth estimates if current usage levels are maintained. Regulation of water is complex and compartmentalized. Various agencies permit its use, plan for its availability, regulate stormwater, treat wastewater and protect the safety of water. To ensure that water supply remains adequate and sustainable across the region, we must understand how much water can be sustainably drawn from the aquifers and what effect increases in re-use, conservation and recharge can have on the sustainability and availability of both groundwater and surface water. Many of these strategies cross agency jurisdictions and will require improved coordination and cooperation. Municipal water suppliers have made significant infrastructure investments in their systems based on calculated water availability and DNR permits. Proposals to reduce the reliance on groundwater by switching municipal water systems from groundwater to surface water supplies will come with significant costs that could place excessive burdens on local resources. The outcomes and benefits of re-balancing the mix of groundwater and surface water use for specific municipalities and the region must be identifiable before any projects are undertaken. The sustainability of our water supply is an issue of regional and statewide significance and the expense of any necessary projects that benefit the region should not fall on individual cities.Any attempts to address water supply sustainability must also take into account all water users, including municipal water suppliers, industry, private wells, agriculture and contamination containment. The metropolitan region must consider the effects of groundwater use beyond the borders of the metropolitan area on the region's groundwater availability and the cost of treating contaminants in surface water that comes into the metropolitan area for use. Metro Cities supports the removal of barriers to wastewater and storm water re-use, improved inter-agency coordination, clarifying the appropriate roles of local, regional and state governments with respect to water, streamlining and consolidating permit approval processes and the availability of statewide resources to plan for and ensure the future sustainability of water supply in the metropolitan area. Metro Cities also encourages the Metropolitan Council, in consultation with municipalities, to find ways to re-use wastewater and to develop other strategies to improve conservation. Metro Cities supports state funding for costs associated with converting water supply from groundwater to surface water and funds to encourage and promote water conservation as a strategy to improve water sustainability and to improve and protect water quality. 2024 Legislative Policies 20 General Government 2-S Regulation of Massage Therapists In the absence of statewide regulation for massage therapy practitioners, many cities have enacted local ordinances that require massage therapists to obtain a local professional license to assist law enforcement in differentiating between legitimate providers and illegitimate businesses fronting as massage therapy establishments. Metro Cities supports statewide registration or licensure of massage therapists to aid local law enforcement efforts in this area. Metro Cities supports cities' ability to continue to license massage therapy businesses. 2-T Peace Officer Arbitration Reform Many municipalities in the metropolitan area provide law enforcement services and employ licensed peace officers. To ensure the public's safety and trust, and to strengthen collaboration between citizens and peace officers, cities must have the authority to effectively govern local law enforcement agencies. City officials are ultimately responsible for the safety and protection of the local community. Metro Cities supports statutory arbitration reforms to allow for the discipline, including removal, of law enforcement officers who have been found to have violated local law enforcement agency policies. Metro Cities further supports a reasonable standard of review in law enforcement arbitration cases, which would limit the determination of arbitrators to whether the actions of an employer were reasonable and consistent with city and agency policies. Metro Cities further supports using administrative law judges (ALJs) or arbitration to address grievances and discipline related to police misconduct. 2-U Public Safety Training and Resources Metro Cities acknowledges that the tasks public safety responders have been asked to address are increasingly the result of inadequate social services and programs. Metro Cities recognizes the need for adequate resources for social service and mental health services and programs to help reduce the need for public safety responders to perform these services. Metro Cities supports ongoing state funding for public safety responders training, including training for crisis management, cultural awareness and implicit bias, mental health and de-escalation, and supports ongoing funding for equipment such as body cameras. Metro Cities supports ongoing state funding for public safety innovation at the local level. This could include funding for imbedded social workers or mental health crisis response. 2024 Legislative Policies 21 General Government Metro Cities supports resources for the MN Department of Public Safety to acquire and store with a third-party vendor anti-scale fencing, pedestrian doors, and vehicle gates for local government facilities to improve equitable access to these de-escalation and safety tools. 2-V Race Equity In the seven-county metropolitan region, people of color represent 28% of the population, and this percentage is expected to grow to 44% by 2050, according to the current population forecast from the Metropolitan Council.As racial and ethnic diversity increases in the region, people of color continue to experience significant barriers in housing, employment, criminal justice, public infrastructure, health, and education, and disparities are becoming more apparent. Across the metropolitan region, many cities are working to examine local policies and systems, to revise the delivery of public services, and to allocate resources to help advance race equity.All levels of government as well as the nonprofit and business sectors have roles to play in addressing race inequities and must work collaboratively to ensure that services and resources are considered, designed and implemented in a comprehensive, purposeful, informed and inclusive way to achieve race equity. Metro Cities supports: • An examination and revision of existing state, regional, county and city laws, ordinances and policies to address racial disparities. • State, regional, county and city resources to assist with comprehensive data collection, disaggregation and sharing to ensure informed policy and funding decisions at all levels of government. • Funding to assist in the development of tools and resources that advance racially equitable outcomes. • Activating partnerships among state, regional, and local governmental institutions and other entities to advance race equity. 2-W Street Racing Street racing is an issue of increasing concern for cities across the metropolitan region. This activity is highly mobile, is strongly associated with other illegal activity and poses significant public safety risks for participants, third-party observers, and the general public. Metro Cities supports modifications to state laws to prohibit street racing and activities associated with promoting and undertaking the activity of street racing. Specifically, Metro 2024 Legislative Policies 22 General Government Cities supports statutory changes that address the activity and associated risks posed by street racing, sliding, and drifting. These could include penalties such as license suspension, minimum impoundment periods, and vehicle forfeiture. Metro Cities supports state funding to help prevent and respond to street racing activity. This could include funding for State Patrol air supports and funding for costs, including overtime, associated with targeted law enforcement saturations and Toward Zero Deaths initiatives. Metro Cities also supports state resources to increase the Bureau of Criminal Apprehension's intelligence gathering capabilities and to enhance existing coordination efforts among law enforcement agencies. Metro Cities further recognizes the importance and value of diversion programs that emphasize behavior modifications, which can help curb illegal activity and minimize recidivism. 2-X Carjacking The crime of carjacking has increased significantly in the metropolitan region, with serious consequences for individual and community public safety. Metro Cities supports the consideration by the Legislature of statutory changes to address the severity of this crime. This includes state funding to help state and local law enforcement agencies prevent and respond to carjacking. This could include funding for State Patrol air supports and for costs, including overtime, associated with targeted law enforcement saturations. Metro Cities also supports state resources to increase the Bureau of Criminal Apprehension's intelligence gathering capabilities and to enhance existing coordination efforts among law enforcement agencies. Metro Cities further recognizes the importance and value of diversion programs that emphasize behavior modifications, which can help curb illegal activity and minimize recidivism. Metro Cities supports consumer protection efforts that require motor vehicle manufacturers to offer antitheft protection devices on certain vehicles that have been shown to be especially susceptible to theft. 2-NEW Adult-Use Cannabis The Minnesota Legislature legalized adult-use cannabis in 2023. The law establishes the Office of Cannabis Management, which will be responsible for licensing cannabis businesses and regulating the industry. The law includes a local registration process for cannabis business license holders where local governments are authorized to charge a registration and renewal fee. Responsible local governments are required to conduct compliance checks at cannabis businesses. Cities are authorized to establish, own, and operate a municipal cannabis store. The 2024 Legislative Policies 23 General Government law also includes an optional, population-based limit on the number of retail locations in each city or county. It is vital that local governments retain the ability to suspend retail registrations for businesses that pose an immediate threat to public health or safety. The law permits local units of government to establish reasonable restrictions on the time, place, and manner of cannabis business operations and includes a zoning compliance requirement for businesses where a local jurisdiction certifies that a business'plans are appropriate and in line with local requirements. The law establishes a Local Cannabis Aid Account to provide aid to cities and counties. The account will receive 20% of the of the revenue from the 10% gross receipts tax on cannabis products. Half of the local cannabis aid will go to counties and half will be distributed to cities based on the number of businesses located in each city. Metro Cities opposes any efforts to reduce cities'local control and zoning authority related to cannabis. Metro Cities supports legislation providing cities the ability to prohibit cannabis businesses within their jurisdiction. Metro Cities expects the Office of Cannabis Management to work closely with cities as this legislation is fully implemented. This includes working with local governments to create model ordinances and providing technical assistance on cannabis-related issues. Metro Cities supports the ongoing evaluation of costs associated with the legalization of adult-use cannabis. Funding should be made available to cities without cannabis businesses if such studies show that those communities face additional budgetary pressures because of cannabis legalization. Metro Cities supports the distribution of tax revenue from adult-use cannabis sales to cities based on the number of products sold and not the number of stores located in each municipality. 2-NEW Emergency Medical Services The Emergency Medical Services Regulatory Board (EMSRB) is the state regulatory entity that oversees and issues ambulance licenses and also has authority to designate exclusive emergency medical services (EMS) operating areas, or primary service areas (PSAs), for ambulance providers. Once a provider has been approved to operate in a PSA, the provider is authorized to serve the area for an indefinite period of time. Currently, no other state health licensing board grants providers an exclusive operating area. Health licensing boards play a critical role in setting professional standards and credentialing processes. However, the EMSRB has not imposed operational standards to ensure an area has adequate coverage and service levels such as response time requirements. Nor is there state oversight of ambulance billing rates. The current system does not require ambulance services to disclose the number of ambulances staffed, where an ambulance is responding from or any other important data points that would ensure a community is receiving quality ambulance services. 2024 Legislative Policies 24 General Government The lack of transparency within Minnesota's ambulance industry compromises accountability by EMS providers. Metro Cities supports allowing local units of government to designate which licensed ambulance service provider(s) serve their community and to determine the appropriate level of service. Metro Cities further supports additional tools and local authority that ensure transparency by EMS providers. Metro Cities supports decoupling the professional standards overview role from the service area determination. Metro Cities additionally supports regional balance in the membership of the EMSRB and a requirement that includes representatives of municipal ambulance services on the EMSRB. The EMSRB should be required to submit biennial reports on EMS service delivery data points for all local governments, to appropriate legislative committees. 2-NEW Copper and Other Metal Theft Wire theft from streetlights, other public infrastructure, and private property negatively impacts communities, by reducing public safety for all transportation modes. These thefts also cost cities hundreds of thousands of dollars each year to replace and repair damaged streetlights. Metro Cities supports efforts to curtail the theft of copper wires from public infrastructure and private property. Metro Cities supports statutory changes that would require appropriate controls on the purchase and sale of scrap copper and other metals. 2-NEW Open Meeting Law Public meetings in the State of Minnesota, including city council meetings and local boards and commissions, must be conducted in accordance with the Open Meeting Law under Minnesota Statute 13D. In response to the COVID-19 pandemic, cities successfully pivoted to working remotely while maintaining and even increasing transparency and accessibility. Metro Cities supports amending the Open Meeting Law to allow city councilmembers and city board and/or commission members the ability to participate remotely in up to fifty percent of scheduled meetings each year without making their location open and accessible to the public as otherwise required under Minn. Stat. § 13D.02, subd. 1. Metro Cities also supports amending the Open Meeting Law to the remove the three-times-per-year cap for medical and military exceptions. 2024 Legislative Policies 25 General Government 2-NEW School Resource Officers In 2023, the Legislature included provisions in the omnibus education bill to limit the use of force toward students by school resource officers (SROs). The law has generated conflicting legal interpretations and created ambiguity for SROs on when use of certain restraints is authorized in school settings, and whether SROs retain the authority to use reasonable force, as provided by Minnesota Statutes 609.06. Due to these ambiguities and potential civil and criminal liability risks, some local law enforcement agencies suspended or terminated SRO contracts with school districts.Although two opinions released by the Attorney General make the law clearer, it is possible that these opinions could be challenged, and result in legal consequences for SROs and their employers. Metro Cities supports the Legislature and Governor working with stakeholders, including law enforcement, local government, and education organizations, to clarify laws pertaining to the authority SROs have in schools. 2024 Legislative Policies 26 Housing & Economic Development 3-A to 3-J: Introduction While the provision of housing is predominantly a private sector, market-driven activity, all levels of government—federal, state, regional and local—have a role in facilitating the production and preservation of affordable housing in Minnesota. Adequate affordable housing is a significant concern for the metropolitan region and effective approaches require participation from all levels of government, the private sector, and nonprofit groups. 3-A City Role in Housing Cities in Minnesota are responsible for most ground-level housing policy, including land use planning, code enforcement, rental licensing, and often the packaging of multi-level financial incentives. Cities are responsible for ensuring local health and safety and the structural soundness and livability of the local housing stock through building permits and inspections. Cities are charged with providing public infrastructure to serve current and future residents and must assess the effects of a new development on parks, local roads, water, sanitary sewer, and stormwater capacities to ensure that additional needs for infrastructure are assumed by the new development and not current taxpayers. It is the city that assumes the future financial responsibility, management, and maintenance for improvements and infrastructure after a developer has completed a project. It is also the responsibility of cities to periodically review local requirements such as land use regulations and ordinances, and make long range plans consistent with state statute, to ensure that they are consistent with these purposes. While local government financial resources constitute a relatively small portion of the total costs of providing housing, many cities take on a significant administrative burden by providing financial incentives and regulatory relief, participating in state and regional housing programs, and supporting either local or countywide housing and redevelopment authorities and community development agencies. When a developer seeks to advance a development proposal that does not meet straight housing and mixed-use zoning codes and requirements, the developer may request a planned unit development(PUD) agreement with a city. PUDs, where appropriate, can provide zoning flexibility to develop a site that is otherwise not permitted by a city code. The use of PUDs may allow for more variety and creativity in land uses, increased density on a site, internal transfers of density, construction phasing, reduced setbacks, and a potential for lower development costs. In the interest of adhering to local long-range plans and managing local health, safety, viability, and welfare needs, a city may request certain public benefits from a developer, including but not limited to additional open space, preservation of wooded land and environmentally sensitive areas, landscaping along major roadways, providing a mix of housing types, and enhanced design and landscaping features. Cities may also provide a developer with credit for investments 2024 Legislative Policies 27 Housing & Economic Development in public infrastructure greater than would be minimally required, including water, sanitary sewer, stormwater, or road infrastructure. Metro Cities strongly opposes any effort to reduce, alter or interfere with cities'authority to carry out these functions in a locally determined manner. Metro Cities supports exceptions to the land use timelines in Minn. Stat. § 15.99 in the event of extenuating local and state circumstances. Metro Cities supports local authority determination when exercising the use of exceptions, recognizing projects may be in different stages of approval. If a state of emergency limits the ability of city staff to complete a land use review,it should not result in de facto approval of an application. 3-B City Role in Affordable and Life Cycle Housing Metro Cities supports housing that is affordable and appropriate for people at all stages of life.A variety of housing opportunities are important to the economic and social well-being of local communities and the metropolitan region. The region faces challenges in meeting the existing and future housing needs of low and moderate-income residents. Existing housing stock is aging, with over half older than 40 years old, according to the U.S. Census Bureau. Older housing stock can be more affordable; however, it requires investments to remain viable. Private investors have purchased subsidized and unsubsidized rental units, made improvements, and charged higher rents that have made access to previously affordable units prohibitive for low and moderate-income residents. This investor ownership has converted owner-occupied houses to rental houses, which has impacted the ability of lower-income renters to become homeowners and build wealth. Neighbors and cities have seen a lack of investment in these rental homes that has led to the deterioration of the housing stock. The Metropolitan Council has projected the region will add nearly 60,845 households earning up to 50 percent area median income between 2020 and 2030 that will need affordable housing. Senior households bring the number of low-income households up significantly, with the number of age 65+households growing by 51,691 during that time-period. Cities should work with the private and nonprofit sectors, counties, state agencies and the Metropolitan Council to ensure the best use of new and existing tools and resources to produce new housing and preserve existing affordable housing. Cities can facilitate the production and preservation of affordable and life cycle housing by: • Applying for funding from available grant and loan programs; • Using city and county funds to support affordable housing. This can include creating a local or regional housing trust fund to support affordable housing; • Providing information, encouraging and incentivizing participation in the Section 8 Housing Choice Voucher program to landlords; 2024 Legislative Policies 28 Housing & Economic Development • Working with developers and residents to blend affordable housing into new and existing neighborhoods, including locations with access to amenities and services; • Working with the state and Metropolitan Council to recognize the relationship between housing and mobility options, including transit and pedestrian routes; • Periodically examining local requirements, policies and review processes to determine their impacts on the construction of affordable housing; • Considering criteria under which a city may change its fee structure in support of additional affordable housing; • Supporting housing options that meet a city's current and future demographics, including family size, age, mobility, and ability levels; • Supporting housing design that is flexible, accessible and usable for residents with varied abilities at multiple stages of life; • Supporting housing with supportive services for people with disabilities; • Employing innovative strategies to advance affordable housing needs such as public- private partnerships or creative packaging of regulatory relief and incentives; • Using available regulatory mechanisms to shape housing communities; • Recognizing the inventory of subsidized and unsubsidized(naturally occurring) affordable housing, and working collaboratively with buyers and sellers of naturally occurring affordable housing to retain affordability; • Tracking the impacts on the housing market of investor-owned homes and enacting local strategies and policies that support home purchases by owners who reside in the homes; • Supporting policy solutions that provide cities with tools to mitigate any negative impacts on city housing stock and prospective homebuyers due to investor-owned purchasing of homes. 3-C Inclusionary Housing While Metro Cities believes there are cost savings to be achieved through regulatory reform, density bonuses as determined by local communities, and fee waivers, Metro Cities does not believe a mandatory inclusionary housing approach can achieve desired levels of affordability solely through these steps. Several cities have established local inclusionary housing policies, in some cases requiring the creation of affordable units if the housing development uses public 2024 Legislative Policies 29 Housing & Economic Development financial assistance or connecting the policy to zoning and land use changes. The Metropolitan Council, in distributing the regional allocation of housing need, must recognize both the opportunities and financial limitations of cities. The Council should partner with cities to facilitate the creation of affordable housing through direct financial assistance and/or advocating for additional resources through the Minnesota Housing Finance Agency. Metro Cities supports the location of affordable housing in residential and mixed-use neighborhoods throughout a city. Metro Cities supports a city's authority to enact its own inclusionary housing policy. However, Metro Cities does not support passage of a mandatory inclusionary housing state law imposed on local governments that would require a certain percentage of units in all new housing developments to be affordable to households at specific income levels. 3-D Metropolitan Council Role in Housing The Metropolitan Council is statutorily required to assist cities with meeting the provisions of the Land Use Planning Act(LUPA)under Minn. Stat. § 473. The LUPA requires cities to adopt sufficient standards, plans and programs to meet their local share of the region's overall projected need for low and moderate-income housing. The Council's responsibilities include the preparation and adoption of guidelines and procedures to assist local government units with accomplishing the requirements of the LUPA. The Metropolitan Council also offers programs and initiatives to create affordable housing opportunities, including the Livable Communities Act programs and operation of a metropolitan housing and redevelopment authority. Unlike parks, transit and wastewater, housing is not a statutory regional system. The Metropolitan Council's role, responsibilities and authority are more limited in scope, centered on assisting local governments by identifying the allocation of need for affordable housing, projecting regional growth and identifying available tools, resources, technical assistance and methods that cities can use to create and promote affordable housing opportunities in their communities. The Metropolitan Council should work in partnership with local governments to ensure that the range of housing needs for people at various life cycles and incomes can be met. Metro Cities opposes the elevation of housing to "Regional System" status. Metro Cities supports removing the Metropolitan Council's review and comment authority connected to housing revenue bonds under Minn. Stat. § 462C.04. In 2014, the Metropolitan Council released its first housing policy plan in nearly thirty years.A Metropolitan Council housing policy plan should include defined local, regional, and state roles for the provision of housing in all sectors, identify the availability of and need for tools and resources for affordable and life-cycle housing,be explicit in supporting partnerships for the advocacy for state and federal resources for housing, and encompass policies, best practices, and 2024 Legislative Policies 30 Housing & Economic Development technical guidance for all types of housing.A plan should also recognize the diversity in local needs, characteristics, and resources. Metro Cities supports strategies such as regional and sub-regional cooperation and the sharing of best practices among local governments and other entities and partners to address the region's affordable housing needs. A policy plan should allow for ongoing research and analysis by the Metropolitan Council to provide communities with timely and updated information on regional and local housing needs and market trends as regional and local needs change and evolve. Metro Cities supports the solicitation and use of local data,inputs and analyses and local governments' review of such data. Metro Cities supports continued city representation in any updated or new regional housing policy plan and other regional housing policy considerations. 3-E Allocation of Affordable Housing Need The affordable housing need allocation methodology determines the number of needed affordable housing units for the metropolitan region and distributes the need by assigning each city its fair share through an affordable housing need number. Minn. Stat. § 473.859 requires cities to guide sufficient land to accommodate local shares of the region's affordable housing need. Metro Cities supports additional Metropolitan Council resources to assist cities in meeting cities' share of the region's affordable housing needs. Metro Cities supports the creation of a variety of housing opportunities. However, the provision of affordable and lifecycle housing is a shared responsibility between the private sector and government at all levels, including the federal government, state government and Metropolitan Council. Land economics, construction costs, labor costs, and infrastructure needs create barriers to the creation of affordable housing that cities cannot overcome without assistance. Therefore, Metro Cities supports a Metropolitan Council affordable housing policy and allocation of need methodology that recognizes the following tenets: • Regional housing policies characterize individual city and sub-regional housing numbers as a range of needs in the community; • Cities need significant financial assistance from the federal and state government, as well as the Metropolitan Council, to make progress toward creating additional affordable housing and preserving existing affordable housing; • Metropolitan Council planning and policies must be more closely aligned to help ensure that resources for transportation and transit are available to assist communities in addressing their local share of the regional affordable housing need and to ensure that all populations have adequate mobility to reach jobs, education and other destinations 2024 Legislative Policies 31 Housing & Economic Development regardless of where they live; • The Metropolitan Council will not hold cities responsible if a city does not meet its affordable housing need number. However, efforts to produce affordable housing may be considered when awarding grants; • The Metropolitan Council, with input by local government representatives, should examine the allocation of need methodology with respect to the relationship between the regional allocation and the local share of the need. The formula should also be routinely evaluated to determine if market conditions have changed or if underlying conditions should prompt readjustment of the formula; • The Council should use a methodology that incorporates data accumulated by individual cities and not limited to census driven or policy driven growth projections; • The formula should be adjusted to better reflect the balance and breadth of existing subsidized and naturally occurring affordable housing stocks; and • The Council should work with local governments through an appeals process in order to resolve any local issues and concerns with respect to the need allocations and the plan review process. 3-F Housing Policy and Production Survey The Metropolitan Council calculates a city's housing production annually. Production information is collected through an annual city survey as well as Council data. Cities participating in Livable Communities are required to include their housing action plan and ALHOA funding amounts in their survey responses. Beginning in 2022, the Council began compiling the data in a report to share city practices and funding sources that support the creation of new affordable housing units. Metro Cities supports a regular review of the survey questions and use of data, with city input.Any proposed new, deleted, or expanded uses or programs in which data from the Housing Policy and Production Survey would be used should be reviewed by local officials and Metro Cities. Metro Cities supports a consistent schedule for sending the annual housing production survey to cities. 3-G State Role in Housing The state must be an active participant in providing funding for housing, including direct funding, financial incentives, and initiatives to assist local governments and developers to support affordable housing and housing appropriate for people at all stages of life. State funding 2024 Legislative Policies 32 Housing & Economic Development is a major and necessary component for the provision of housing. Current resource levels are insufficient to meet the spectrum of needs in the metropolitan region and across the state. Primarily through programs administered by the Minnesota Housing Finance Agency (MHFA), the state establishes the general direction and prioritization of housing issues, and financially supports a variety of housing, including transitional housing, privately and publicly-owned housing, supportive housing, senior housing, workforce housing, and family housing. Minnesota's low-income rental property classification, commonly known as class 4d(1), allows landlords to certify qualifying low-income rental property. The state must continue to be an active partner in addressing life cycle and affordable housing needs. Workforce housing is generally defined as housing that supports economic development and job growth and is affordable to the local workforce.A statewide program, administered through the Minnesota Housing Finance Agency, supports workforce homeownership efforts in the metropolitan area. State policies and funding should recognize that affordable housing options that are accessible to jobs and meet the needs of a city's workforce are important to the economic competitiveness of cities and the metro region. In addition, significant housing related racial disparities persist in Minnesota, especially as it relates to the percentage of households of color who pay more than 30 percent of their income in housing costs and as it relates to the significant disparity gap in homeownership rates. Metro Cities supports: • Increased, sustainable and adequate state funding for new and existing programs that support life cycle, workforce and affordable housing, address homeownership disparities, address foreclosure mitigation, address housing for families with children, and support senior, transitional and emergency housing for the metro region; • An ongoing state match for local and regional housing trust fund investments and local policies in support of affordable housing. State funds should be issued on a timeline that works with a city's budget process; • Private sector funding for workforce housing; • Housing programs that assist housing development,preservation and maintenance of existing housing stock, including unsubsidized, naturally occurring affordable housing that is affordable to residents throughout the low-to-moderate income range; • State funded housing assistance programs to help with affordability; • Housing programs designed to develop market rate housing in census blocks with emerging or high concentrations of poverty, where the private market might not otherwise invest, as a means of creating mixed-income communities and reconciling 2024 Legislative Policies 33 Housing & Economic Development affordable housing with community development goals; • Continuing the policy of using the Minnesota Housing Finance Agency's investment earnings for housing programs; • City input into state legislation and administrative policies regarding distribution of tax credits and tax-exempt bonding; • Exemptions from, or reductions to sales, use and transaction taxes applied to the development and production of affordable housing; • Consideration of the use of state bond proceeds and other appropriations for land banking, land trusts, and rehabilitation and construction of affordable housing; • Programs that help avoid foreclosures, improve homeownership rates and reduce racial disparities through homeownership assistance programs and counseling services, including down payment assistance and pre-purchasing counseling to improve financial wellness and inform homeowner and potential homeowners of their rights, options, and costs associated with owning a home; • State tenant protection policies as well as a city's ability to enact tenant protections to support access to affordable housing and housing stability for tenants; • Prohibiting landlords from denying housing opportunities to residents based on their source of income; • Housing stability for renters through policies that mitigate the impact of or reduces the number of evictions filed; • Policies that encourage public housing authorities and owners of federally assisted housing to consider a holistic approach to selecting tenants during the application and screening process, and avoid excluding tenants solely based on criminal records; • Exploring best practices toward increased housing affordability for residents, housing maintenance standards and providing quality housing for residents. Cities should work with rental housing owners and operators when establishing best practices; • Any program expansion proposals for state mandated class-rate reductions should include a full analysis of the impacts to local property tax bases before their enactment. Metro Cities opposes any changes to the 4d(1) program that substantially increases the tax responsibility for residents and businesses or increases the tax benefit for landlords without including increased benefits for renters of 4d(1) units. Metro Cities supports a 2024 Legislative Policies 34 Housing & Economic Development property owner being required to receive city approval where the property is located, for all 4d(1)property that has not in whole or in part been classified as 4d(1) property. Metro Cities also supports ongoing 4d(1) aid, and lowering the threshold of eligibility for cities to receive 4d(1) aid. Metro Cities supports the continuation of a reporting process for landlords benefitting from the 4d(1) class rate reduction to ensure deeper affordability or property reinvestment, and a sunset period for any changes made to the program to evaluate the range of impacts that expanding the program may have; • The state housing tax credit to support local governments and the private sector to help spur construction and secure additional private investment; and • Maintaining existing municipal authority to establish a housing improvement area (HIA). If the Legislature grants multi-jurisdictional entities the authority to create HIAs, creation of an HIA must require municipal approval. 3-H Federal Role in Affordable and Workforce Housing Federal funding plays a critical role in aiding states and local governments in their efforts to maintain and increase affordable and workforce housing. Providing working families access to housing is an important piece to the economic vitality of the region. Metro Cities encourages the federal government to maintain and increase current levels of funding for affordable and workforce housing. Federal investment in affordable and workforce housing will maintain and increase the supply of affordable and life cycle housing as well as make housing more affordable through rental assistance programs such as the Section 8 housing choice voucher program. In July 2015, the U.S. Department of Housing and Urban Development (HUD)released a final rule on affirmatively furthering fair housing (AFFH) with an aim to provide communities that receive HUD funding with clear guidelines to meet their obligation under the Fair Housing Act of 1968 to promote and reduce barriers to fair housing and equal opportunity. HUD has since provided new guidance to comply with the AFFH rule. Metro Cities supports: • Preserving and increasing funding for the Community Development Block Grant Program (CDBG) and the federal HOME program that are catalysts for creating and preserving affordable housing; • Preserving and increasing resources and incentives to sustain existing public housing throughout the Metro Area; 2024 Legislative Policies 35 Housing & Economic Development • Maintaining the federal tax credit program to help spur construction and secure additional private investment, including making the four percent Low Income Housing Tax Credit a fixed rate as was done with the nine percent credit in 2015; • Creating and implementing a more streamlined procedural method for local units of government to participate in and access federal funding and services dealing with grants, loans, and tax incentive programs for economic and community development efforts; • Additional resources to assist communities to meet obligations to reduce barriers to and promote fair housing and equal opportunity; • Maintaining and increasing resources to Section 8 funding and to support incentives for rental property owners to participate in the program; • Federal funding programs for renters with limited income or fixed income; • Rental increase caps when the rent increase exceeds a 5-year running average; and • Federal funding to provide short-term assistance for HRAs to facilitate the sale of tax- exempt bonds. 3-I Vacant, Boarded, and Foreclosed Properties and Properties at Risk Abandoned residential and commercial properties can harm communities when vacant buildings result in reduced property values and increased crime. The additional public safety and code enforcement costs of managing vacant properties are a financial strain on cities. Metro Cities supports solutions to vacant and boarded properties that recognize that prevention is more cost effective than a cure, the causes of this problem are many and varied, requiring a variety of solutions, and cities must not be expected to bear the bulk of the burden of mitigation, because it is not simply a "city" problem. Further, Metro Cities supports: • Registration of vacant and boarded properties; • Allowing cities to acquire vacant and boarded properties before deterioration and vandalism result in unsalvageable structures, including providing financial tools such as increasing eminent domain flexibility; • Improving the ability of cities to recoup the increased public safety, management, and enforcement costs related to vacant properties; 2024 Legislative Policies 36 Housing & Economic Development • Improvement of the redemption process to provide increased notification to renters, strengthen the ability of homeowners to retain their properties, and reduce the amount of time a property is vacant; • Expedition of the tax forfeiture process; • Increasing financial tools for neighborhood recovery efforts,including tax increment financing; and • Year-round notification by utility companies of properties not receiving utility service. 3-J Housing Ordinance Enforcement A Minnesota State Supreme Court ruling, Morris v. Sax, stated that provisions of the city of Morris'rental housing code were invalid because there were subjects dealt with under the state building code and the city was attempting to regulate these areas "differently from the state building code." Minn. Stat. § 326B.121, subdivision 1 states: "The State Building Code is the standard that applies statewide for the construction, reconstruction, alteration, repair, and use of buildings and other structures of the type governed by the code. The State Building Code supersedes the building code of any municipality." Subdivision 2 states: "A municipality must not by ordinance, or through development agreement, require building code provisions regulating components or systems of any structure that are different from any provision of the State Building Code. This subdivision does not prohibit a municipality from enacting or enforcing an ordinance requiring existing components or systems of any structure to be maintained in a safe and sanitary condition or in good repair, but not exceeding the standards under which the structure was built, reconstructed, or altered, or the component or system was installed, unless specific retroactive provisions for existing buildings have been adopted as part of the State Building Code.A municipality may, with the approval of the state building official, adopt an ordinance that is more restrictive than the State Building Code where geological conditions warrant a more restrictive ordinance.A municipality may appeal the disapproval of a more restrictive ordinance to the commissioner." Metro Cities supports the ability of cities to enforce all housing codes passed by a local municipality to maintain its housing stock. 3-K Economic Development, Redevelopment and Workforce Readiness The economic viability of the metropolitan area is enhanced by an array of economic development tools that create infrastructure, revitalize previously developed property,provide incentives for business development, support technological advances, support a trained workforce, and address disparities in economic development and workforce development. It should be the goal of the state to champion development and redevelopment by providing 2024 Legislative Policies 37 Housing & Economic Development adequate and sustainable funding to assure competitiveness in a global marketplace. The state should recognize the relationship between housing and economic development.Access to affordable child care supports working families and allows parents to enter or remain in the workforce. Economic development and redevelopment are not mutually exclusive—some projects require a boost on both counts. The State of Minnesota should recognize cities as the primary unit of government responsible for the implementation of economic development, redevelopment policies, and land use controls. 3-K(1) Economic Development For purposes of this section, economic development is defined as a form of development that can contain direct business assistance, infrastructure development, technical assistance, and policy support with the goal of sustainable job creation,job retention, appropriate state regulation or classification, or to nurture new or retain existing industry in the state. The measure of return on investment of public business subsidies should include the impact (positive or negative) of"spin- off development" or business development that is ancillary and supportive of the primary business. A strength of the regional economy is its economic diversity. Multiple industry clusters and sectors employ a specialized, trained workforce and support entrepreneurs in developing new businesses. Partnerships and collaborations among the state and local levels of government, higher education and industry should continue to develop, to commercialize new technologies and to support efforts to enhance the economic vitality of the region. While cities are the unit of local government primarily responsible for the implementation of economic development, counties have an interest in supporting local economic development efforts.Any creation of a county CDA, EDA or HRA with economic development powers should follow Minn. Stat. § 469.1082 that requires a city to adopt a resolution electing to participate. Cities can work with the public and private sectors to support the region's economic growth by reducing barriers to economic participation by people of color. Metro Cities supports state funded programs that support new and expanding businesses, infrastructure development and public-private partnerships. This includes the Minnesota Investment Fund, Job Creation Fund and Angel Tax Credit. Programs using statewide funding should strive to award funds balanced between the metro region and greater Minnesota. Metro Cities supports competitive funding for statewide grant programs such as the Minnesota Investment Fund (MIF) as opposed to direct legislative appropriations for projects from these funds. Metro Cities supports a percentage of MIF loan repayments to cities. The state should provide administrative support and technical assistance to cities that administer these programs.Applications for state MIF funds should allow a city to indicate support for a MIF grant or a loan. Metro Cities supports economic tools that facilitate job growth without relying solely on the property tax base; green job development and related innovation and entrepreneurship; programs to support minority business start-ups; small business financing tools including a 2024 Legislative Policies 38 Housing & Economic Development state new markets tax credit program mirrored on the federal program; tools to attract and retain data centers and other IT facilities; access to affordable child care; and maintaining existing municipal authority to establish a special service district(SSD). Metro Cities supports further study of allowing mixed-use buildings that have both commercial and residential uses to be included in an SSD. 3-K(2) Redevelopment Redevelopment facilitates the re-use of previously developed land, thereby leveling the playing field between greenfield and brownfield sites so that a developer can choose to locate on land that has already been used. Redeveloping properties supports community vibrancy and revitalization. Redevelopment increases the local property tax base, increases land values, provides more efficient use of new or existing public infrastructure (including public transit), reduces urban sprawl, and enhances the livability of neighborhoods. Jobs are created three times—at demolition and cleanup, during construction, and ongoing jobs tied to the new use. Redevelopment may occur on non-polluted land or on brownfields. Brownfields are abandoned, idled, or underused industrial and commercial properties where financing or redevelopment is complicated by actual or suspected environmental contamination. Federal, state, regional and local governments fund investigation and cleanup of blighted or other brownfield properties that allows for redevelopment without risking human health or potential environmental liabilities. Correcting and stabilizing polluted soils and former landfill sites allows cities to redevelop and reuse properties. For many cities in the metropolitan region, redevelopment is economic development. Metro Cities supports increased funding from federal, state and regional sources.The Metropolitan Council's Livable Communities Act programs fund redevelopment activities that support cleanup and tax base revitalization. Metro Cities supports allowing a maximum levy amount for this program, as provided under law. Metro Cities supports increased and sustained state funds for DEED-administered programs like the Redevelopment Grant and Demolition Loan Program, dedicated to metropolitan area projects,innovative Business Development Public Infrastructure grants, as well as increased, flexible and sustained funding for the Contamination Cleanup and Investigation Grant Program. The expansion of transit service throughout the region brings opportunity for redevelopment and transit-oriented development (TOD). Metro Cities supports financing, regulatory tools and increased flexibility in the use of Tax Increment Financing (TIF) to nurture TOD. Metro Cities supports funding Transit Improvement Areas (TIAs) and ensuring that the eligibility criteria encourage a range of improvements and infrastructure and accommodate varying city circumstances and needs. Metro Cities supports expansion of existing tools or development of new funding mechanisms to correct unsuitable soils as well as city authority to redevelop land previously 2024 Legislative Policies 39 Housing & Economic Development used as landfills and dumps. If a city receives initial approval from a state regulatory authority, a city's redevelopment project approval should be considered final. Local governments and cities may choose to revitalize historic structures rather than construct new buildings. Metro Cities supports extension of the sunset of the state income tax credit and maintaining the federal tax credit for preservation of historic properties. Metro Cities supports collection of the state refund for the historic expenditures over one year. The COVID-19 pandemic changed the way Americans work. As more employees are working from home on a full-time or hybrid basis, more and more employers are downsizing their office spaces. As a result of this national trend, cities are experiencing significant commercial vacancy issues, especially in their downtowns. At the same time, cities are facing a shortage of housing, and a severe shortage of affordable housing. This is a national issue.According to the New York Times, there is about 998 million square feet of vacant office space in cities across the U.S. This presents an opportunity to convert vacant, functionally obsolete, and/or underutilized commercial space to housing units, and many U.S. cities and states are responding to this opportunity by creating incentives for these conversions. Metro Cities supports state funding,tax credits and policy tools that will assist with the conversion of vacant commercial space to residential or new types of uses that support economic growth of cities. Metro Cities supports state funding to allow cities and/or their development authorities to assemble small properties so that business expansion sites will be ready for future redevelopment. 3-K(3) Workforce Readiness A trained workforce is important to a strong local, regional, and state economy. Cities have an interest in the availability of qualified workers and building a future workforce based on current and future demographics, as part of their economic development efforts. Cities can work with the public and private sectors to address workforce readiness to include removing barriers to education access, addressing racial disparities in achievement and employment gaps, addressing the occupational gender gap, and support training and jobs for people with disabilities. The state has a role to prepare and train a qualified workforce through the secondary, vocational, and higher education systems and job training and retraining programs in the Department of Employment and Economic Development(DEED), including youth employment programs. Metro Cities supports: • Increased funding for the Job Skills Partnership,youth employment programs and other workforce training programs administered by the state that lead to jobs that provide a living wage and benefits, support workers of all abilities, and help address racial disparity gaps in employment; 2024 Legislative Policies 40 Housing & Economic Development • Innovative workforce programs and partnerships that foster workforce readiness for a full range of jobs and careers, including skilled municipal jobs and current high opportunity areas such as manufacturing and construction; • Investments in programs that address the gender wage gap,including training for women to enter nontraditional careers; • A payroll tax credit for job training programs that invest in employees; and • A city's authority to tie workforce requirements to local public finance assistance. 3-L Tax Increment Financing (TIF) Tax Increment Financing (TIF) continues to be the primary tool available for local communities to assist economic development, redevelopment, and housing. Over time, statutory changes have made this critical tool increasingly difficult to use.At the same time, federal and state development and redevelopment resources have been steadily shrinking. The cumulative impact of TIF restrictions, shrinking federal and state redevelopment resources and highly restrictive eminent domain laws constrain cities' abilities to address problem properties, which leads to an accelerated level of decline of developed cities in the metropolitan area. Thus, the only source of revenue available to accomplish the scope of redevelopment necessary is the value created by the redevelopment itself, or the "increment."Without the use of the increment, development will either not occur or is unlikely to be optimal. Metro Cities urges the Legislature to: • Not adopt any statutory language that would further constrain or directly or indirectly reduce the effectiveness of TIF; • Not adopt any statutory language that would allow a county, school district or special taxing district to opt out of a TIF district; • Incorporate the Soils Correction District criteria into the Redevelopment District criteria so that a Redevelopment District can be comprised of blighted and contaminated parcels in addition to railroad property; • Expand the flexibility of TIF to support a broader range of redevelopment projects; • Amend MN Statutes to clarify that tax increment pooling limitations are calculated on a cumulative basis; • Increase the ability to pool increments from other districts to support projects; 2024 Legislative Policies 41 Housing & Economic Development • Expand authority for all cities to transfer unobligated pooled increment from a housing or redevelopment TIF district to support a local housing trust fund for any eligible expenditure under Minn. Stat. § 462C.16; • Modify the housing district income qualification level requirements to allow the levels to vary according to individual communities and/or to support deeply affordable units; • Continue to monitor the impacts of tax reform on TIF districts and if warranted provide cities with additional authority to pay for possible TIF shortfalls; • Allow for the creation of transit zones and transit-related TIF districts in order to shape development and related improvements around transit stations but not require the use of TIF districts to fund the construction or maintenance of the public transit line itself unless a local community chooses to do so; • Allow TIF eligibility expansion to innovative technological products, recognizing that not only physical items create economic value; • Support changes to TIF law that will facilitate the development of"regional projects"; • Shift TIF redevelopment policy away from a focus on "blight" and "substandard" to "functionally obsolete" or a focus on long range planning for a particular community, reduction in greenhouse gases or other criteria more relevant to current needs; • Encourage DEED to do an extensive cost-benefit analysis related to redevelopment, including an analysis of the various funding mechanisms, and an analysis of where the cost burden falls with each of the options compared to the distribution of the benefits of the redevelopment project; • Support TIF for neighborhood recovery efforts in the wake of the foreclosure crisis; • Consider creating an inter-disciplinary TIF team to review local exception TIF proposals, using established criteria, and make recommendations to the legislature on their passage; • Encourage the State Auditor to continue to work toward a more efficient and streamlined reporting process. There are an increasing number of noncompliance notices that have overturned longstanding practices or limited statutorily defined terms. The Legislature has not granted TIF rulemaking authority to the State Auditor and the audit powers granted by statute are not an appropriate vehicle for making administrative or legislative changes to TIF statutes. If the State Auditor is to exercise rulemaking authority, the 2024 Legislative Policies 42 Housing & Economic Development administrative power to do so must be granted explicitly by the Legislature. The audit enforcement process does not create a level playing field for cities to challenge the Auditor's interpretation of statutes. The Legislature should provide a process through which to resolve disputes over TIF policy that is fair to all parties; • Clarify the use of TIF when a sale occurs after the closing of a district; • Revise the substandard building test to simplify, resolve ambiguities and reduce continued threat of litigation; and • Amend TIF statutes to address, through extending districts or other mechanisms, shortfalls related to declining market values. 3-M Eminent Domain Significant statutory restrictions on the use of eminent domain have resulted in higher public costs for traditional public use projects like streets, parks, and sewers, and have all but restricted the use of eminent domain for redevelopment to cases of extreme blight or contamination. The proper operation and long-term economic vitality of our cities is dependent on the ability of a city, its citizens, and its businesses to continually reinvest and reinvent. Reinvestment and reinvention strategies can occasionally conflict with the priorities of individual residents or business owners. Eminent domain is a critical tool in the reinvestment and reinvention process and without it our cities may deteriorate to unprecedented levels before the public reacts. Metro Cities strongly encourages the Governor and Legislature to revisit eminent domain laws to allow local governments to address redevelopment problems before those conditions become financially impossible to address. Specifically,Metro Cities supports: • Clarifying contamination standards; • Developing different standards for redevelopment to include obsolete structures or to reflect the deterioration conditions that currently exist in the metropolitan area; • Allowing for the assembly of multiple parcels for redevelopment projects; • Modifying the public purpose definition under Minn. Stat. § 117 to allow cities to more expediently address properties that are vacant or abandoned in areas with high levels of foreclosures, as well as address neighborhood stabilization and recovery; • Providing the ability to acquire land from "holdouts" who will now view a publicly funded project as an opportunity for personal gain at taxpayer expense; i.e. allow for 2024 Legislative Policies 43 Housing & Economic Development negotiation using balanced appraisals for fair relocation costs; • Examining attorney fees and limit fees for attorneys representing a property owner; • Allowing for relocation costs not to be paid if the city and property owner agree to a sale contract; • A property owner's appraisal to be shared with the city prior to a sale agreement; and • Appropriately balanced awards of attorney fees and costs of litigation with the outcome of the eminent domain proceeding. 3-N Community Reinvestment Communities across the metropolitan region have aging residential and commercial structures that need repair and reinvestment. Reinvestment prevents neighborhoods from falling into disrepair, revitalizes communities and protects a city's tax base. Metro Cities supports state programs and incentives for reinvestment in older residential and commercial/industrial buildings, such as, but not limited to, tax credits and/or property tax deferrals. Historically, the state has funded programs to promote reinvestment in communities, including the "This Old House"program, that allowed owners of older homestead property to defer an increase in their tax capacity resulting from repairs or improvements to the home and "This Old Shop" for owners of older commercial/industrial property that make improvements that increase the property's market value. 3-0 Business Incentives Policy Without a thorough study, the Legislature should not make any substantive changes to the Business Subsidy Act, as defined in Minn. Stat. § 116J.993,but should look to technical changes that would streamline both state and local processes and procedures. The Legislature should distinguish between development incentives and redevelopment activities. In addition, in order to ensure cohesive and comprehensive regulations, the legislature should limit regulation of business incentives to the Business Subsidy Act. Metro Cities supports additional legislation that includes tools to help enhance and facilitate economic development and job creation. Metro Cities supports increased flexibility for meeting business subsidy agreements during a state of emergency. 2024 Legislative Policies 44 Housing & Economic Development 3-P Broadband Technology Where many traditional economic development tools have focused on managing the costs and availability of traditional infrastructure—roads, rail, and utilities—the 21 st century economy is dependent on reliable, cost effective, high bandwidth communications capabilities. This includes voice, video, data, and other services delivered over cable, telephone, fiber-optic, wireless, and other platforms. The state has increased its role in expanding broadband infrastructure across the state by funding broadband access for residents and businesses. The Governor's Broadband Task Force regularly recommends updates to state broadband speed goals and funding levels to expand statewide broadband access. The Office of Broadband Development in the Department of Employment and Economic Development(DEED) supports the role of broadband in economic development. The Office coordinates broadband mapping and administers state broadband grant funds. Cities play a vital role in achieving significantly higher broadband speeds. Local units of government are contributing to increasing broadband capacity and ensuring internet connectivity, reliability, and availability. However, attempts have been made in Minnesota and other states to restrict or stop cities from facilitating the deployment of broadband services or forming partnerships with private sector companies to provide broadband services to unserved or underserved residents or businesses. Restricting municipal authority is contrary to existing state law on electric utility service, telecommunications, and economic development. Metro Cities opposes the adoption of state policies that further restrict a city's ability to finance, construct or operate broadband telecommunications networks. Metro Cities supports: • State policies and support programs that substantially increase speed and capacity of broadband services statewide, including facilitating solutions at the local level. The state should offer incentives to private sector service providers to respond to local or regional needs and to collaborate with cities and other public entities to deploy broadband infrastructure capable of delivering sufficient bandwidth and capacity to meet immediate and future local needs as well as policies which seek to position Minnesota as a state of choice for testing next-generation broadband; • Metro eligibility for broadband funds, including increased capacity for areas with existing levels of service; • Testing and review of street-level broadband speeds and updating of comprehensive statewide street-level mapping of broadband services to identify underserved areas and connectivity issues. • Programs and projects that improve broadband adoption, achieve significantly higher broadband speeds, and support efforts to improve digital inclusion by ensuring that 2024 Legislative Policies 45 Housing & Economic Development robust and affordable Internet connectivity is widely available to all Minnesotans. • Municipal authority and encouragement of local governments to play a direct role in providing broadband service. This includes repealing Minn. Stat. § 237.19. The state should clarify that cities have the authority to partner with private entities to finance broadband infrastructure using city bonding authority; • Local authority to manage and protect public rights-of-way including public and private infrastructure, to zone, to collect compensation for the use of public assets, or to work cooperatively with and respond to applications from the private sector. Cities may exercise local authority over zoning and land-use decisions for siting, upgrading, or altering wireless service facilities and exercise regulations of structures in the public right-of-way; and • Public-private collaborations that support broadband infrastructure and services at the local and regional level, including partnerships and cooperation in providing last-mile connections. 3-Q City Role in Environmental Protection and Sustainable Development Historically, cities have played a major role in environmental protection,particularly in water quality. Through the construction and operation of wastewater treatment and storm water management systems, cities are a leader in protecting the surface water of the state. In recent years, increased emphasis has been placed on protecting ground water and removing impairments from storm water. In addition, there is increased emphasis on city participation in controlling our carbon footprint and in promoting green development. Metro Cities supports public and private environmental protection efforts to reduce greenhouse gas emissions and to further protect surface and ground water. Metro Cities also supports "green" design and construction techniques to the extent that those techniques have been thoroughly tested and are truly environmentally beneficial, economically sustainable and represent sound building practices. Metro Cities supports additional, feasible environmental protection with adequate funding and incentives to comply. Metro Cities supports state funding for municipal renewable energy objectives. Metro Cities supports sustained state funding for new and existing programs that support local climate action planning, climate resiliency, climate related infrastructure projects including funding and technical support for local level public-private planning initiatives that address climate resiliency issues that impact economic viability in the metropolitan area at a local and regional level. Green jobs represent employment and entrepreneurial opportunities that are part of the green economy, as defined in Minn. Stat. § 116J.437, including the four industry sectors of green products, renewable energy, green services and environmental conservation. Minnesota's green 2024 Legislative Policies 46 Housing & Economic Development jobs policies, strategies and investments need to lead to high quality jobs with good wages and benefits, meeting current wage and labor laws. 3-R Impaired Waters Local units of government should not bear undue cost burdens associated with completed TMDL reports.As recent Total Maximum Daily Load (TMDL) reports show, non-point agricultural sources are producing more runoff pollution than urban areas at a rate of 13:1. Cities must not be required as primary entities for funding the clean-up and protection of state and regional water resources. Benefits of efforts must be proportional to the costs incurred and agricultural sources must be held responsible for their share of costs. Metro Cities supports continued development of the metropolitan area in a manner that is responsive to the market but is cognizant of the need to protect the water resources of the state and metropolitan area. Since all types of properties are required to pay storm water fees, Metro Cities opposes entity-specific exemptions from these fees. Metro Cities supports the goals of the Clean Water Act and efforts at both the federal and state level to implement it. Metro Cities supports continued funding of the framework established to improve the region's ability to respond to market demands for development and redevelopment, including dedicated funding for surface water impairment assessments, TMDL development, storm water construction grants and wastewater construction grants. 2024 Legislative Policies 47 Metropolitan Agencies 4-A Goals and Principles for Regional Governance The Twin Cities metropolitan region is home to a majority of the state's population and is poised for significant growth in the next two decades. The region faces significant challenges and opportunities, the responses to which will determine the future success of the metropolitan region and its competitiveness in the state, national and world economies. The Metropolitan Council was created to manage the growth of the metropolitan region, and cities are responsible for adhering to regional plans as they plan for local growth and service delivery. The region's cities are the Metropolitan Council's primary constituency, as regional and local growth are primarily managed through city comprehensive planning implementation and the delivery of public services. To function successfully, the Metropolitan Council must be accountable to and work collaboratively with city governments. The role of the Metropolitan Council is to set broad regional goals and provide cities with technical assistance and incentives to achieve the goals. City governments are responsible for and best suited to provide local zoning, land use planning, development, and service delivery. Any additional roles or responsibilities for the Metropolitan Council should be limited to specific statutory assignments or authorization and should not usurp or conflict with local roles or processes unless such changes have the consent of the region's cities. Metro Cities supports an economically strong and vibrant region, and the effective, efficient, and equitable provision of regional infrastructure, services, and planning throughout the metropolitan area. Metro Cities supports the provision of approved regional systems and planning that are provided more effectively, efficiently, or equitably on a regional level than by individual local units of government. The Metropolitan Council must involve cities in the delivery of regional services and planning, be responsive to local perspectives on regional issues and be required to provide opportunities for city participation on Council advisory committees and task forces. The Metropolitan Council must involve cities at all steps of planning, review and implementation of the regional development guide, policy plans, systems statements, and local comprehensive plan requirements to ensure transparency,balance and Council adherence to its core mission and functions. These processes should allow for stakeholder input before policies and plans are released for comment and finalized.Any additional functions for the Metropolitan Council should not be undertaken unless authorized specifically by state law. 2024 Legislative Policies 48 Metropolitan Agencies 4-B Regional Governance Structure Metro Cities supports the appointment of Metropolitan Council members by the Governor with four-year, staggered terms for members to stabilize ideological shifts and provide for continuity of knowledge on the Council, which is appropriate for a long-range planning body. The appointment of the Metropolitan Council Chair should coincide with the term of the Governor. Metro Cities supports a nominating committee process that maximizes participation and input by local officials. Metro Cities supports expanding the nominating committee from seven to 13 members, with a majority of a 13-member committee being local elected officials. Of the local officials appointed to a nominating committee, two thirds should be elected city officials, appointed by Metro Cities. Consideration should be given to the creation of four separate nominating committees, with committee representation from each quadrant of the region. Metro Cities supports having the names of recommended nominees or other individuals under consideration for appointment to the Council by the Governor to be made public at least 21 days prior to final selection by the Governor, and a formal public comment period before members are appointed to the Council. Metro Cities supports the appointment of Metropolitan Council members who have demonstrated the ability to work with cities in a collaborative manner, commit to meet with local government officials regularly and who are responsive to the circumstances and concerns of cities in the district that they represent on the Council. Council members should understand the diversity and the commonalities of the region, and the long-term implications of regional decision-making.A detailed position description outlining the required skills, time commitment and understanding of regional and local issues and concerns should be clearly articulated and posted in advance of the call for nominees. Metro Cities supports opportunities for local officials to provide input during the decennial legislative redistricting process for the Metropolitan Council and supports transparency in the redistricting process. 4-C Comprehensive Analysis and Oversight of Metropolitan Council A comprehensive analysis of the Metropolitan Council's functions and structure was conducted by a Governor's Blue-Ribbon Committee in 2020. Metro Cities supports specific findings by this committee that recommended four-year staggered terms for Metropolitan Council members with members appointed by the governor, an expanded nominating committee with a majority of local officials on the committee, and the publication of nominees prior to their appointment. These findings are consistent with Metro Cities' legislative policy on regional governance. The metropolitan region will continue to expand while simultaneously facing significant challenges for the effective, efficient, and equitable provision of resources and infrastructure. 2024 Legislative Policies 49 Metropolitan Agencies Metro Cities supports an objective study of the Metropolitan Council's activities and services as well as its geographical jurisdiction to ensure that the Metropolitan Council's services are positioned to be effective and adequate in addressing the future needs of the region. Such work must include the participation of local officials. The Metropolitan Council should also examine its scope of services to determine their benefit and efficiency and be open to alternative methods of delivery to assure that services are provided at high levels of effectiveness for the region. Metro Cities supports appropriate legislative oversight of the Metropolitan Council to regularly review the Council's activities, and to provide transparency and accountability of its functions and operations. 4-D Funding Regional Services The Metropolitan Council should continue to fund regional services and activities through a combination of user fees, property taxes, and state and federal grants and should set user fees through an open process that includes public notices and hearings. User fees should be uniform and set at a level that supports effective and efficient public services based on commonly accepted industry standards and allows for sufficient reserves to ensure long-term service and fee stability. Fee proceeds should be used to fund regional services or programs for which they are collected. Metro Cities supports the use of property taxes and user fees to fund regional projects so long as the benefit conferred on the region is proportional to the fee or tax, and the fee or tax is comparable to the benefit cities receive in return. 4-E Regional Systems Regional systems are statutorily defined as transportation, aviation, wastewater treatment and recreational open space. The purpose of the regional systems and the Metropolitan Council's authority over the systems is outlined in state law. The Metropolitan Council must seek a statutory change to alter the focus or expand the reach of any of these systems. Systems plans prepared by the Metropolitan Council should be specific in terms of size, location, and timing of regional investments to allow for consideration in local comprehensive planning. Systems plans should also clearly state the criteria by which local plans will be judged for consistency with regional systems. Additional regional systems should be established only if there is a compelling metropolitan problem or concern best addressed through the designation. Common characteristics of the existing regional systems include public ownership of the system and its components and established regional or state funding sources. These characteristics should be present in any new regional system that might be established. Water supply and housing do not meet necessary established criteria for regional systems.Any proposed additional system must have an established regional or state funding source. 2024 Legislative Policies 50 Metropolitan Agencies 4-F Regional Water Supply Planning The Metropolitan Council is statutorily authorized to carry out planning activities to address water supply needs of the metropolitan area.A Metropolitan Area Water Supply Advisory Committee (MAWSAC) that includes state agency representatives and local officials was established to assist the Council in developing a master water supply plan that includes recommendations for clarifying the roles of local, regional, and state governments, streamlining, and consolidating approval processes and recommending future planning and capital investments. The Master Water Supply Plan serves as a framework to assist communities in water supply planning, without usurping local decision-making. Many cities also conduct their own analyses for use in water supply planning. As the Metropolitan Council continues to assess the region's water supply and water sustainability, it must work cooperatively with local policymakers and local professional staff to ensure an on-going base of information that is sound, credible, and verifiable, and considers local information, data, cost-benefit analyses, and projections before any policy recommendations are issued. Metro Cities encourages the Metropolitan Council to consider the inter-relationships of wastewater treatment, storm water management and water supply. Any state and regional regulations and processes should be clearly stated in the Master Water Supply Plan. Further, regional monitoring and data collection benefits should be shared expenses between the regional and local units of government. Metro Cities supports Metropolitan Council planning activities to address regional water supply needs and water planning activities as prescribed in statute. Metro Cities opposes the insertion of the Metropolitan Council as another regulator in the water supply arena. Further,while Metro Cities supports regionally coordinated efforts to address water supply issues in the metropolitan area, Metro Cities opposes the elevation of water supply to "Regional System" status, or the assumption of Metropolitan Council control and management of municipal water supply infrastructure. Metro Cities supports the technical advisory committee to the MAWSAC that maximizes participation by municipal officials and helps to ensure sound scientific analyses and models are developed with local expertise and input before legislative solutions are considered. Metro Cities supports efforts to identify capital funding sources to assist with municipal water supply projects. Any fees or taxes for regional water supply planning activities must be consistent with activities prescribed in Minn. Stat. § 473. 1565, and support activities specifically within the metropolitan region. 4-G Review of Local Comprehensive Plans Local officials identified concerns with the submission and review processes for 2018 local plans including requests for information beyond what should be necessary for the Metropolitan 2024 Legislative Policies 51 Metropolitan Agencies Council to review local plans for consistency with regional systems, regional requirements that evolved as local plans were prepared and finalized and finding plans to be incomplete or requiring detailed information on items of a local rather than regional nature, among others. The Metropolitan Council must work with Metro Cities and local officials to address challenges and concerns identified with the 2018 comprehensive planning process and undertake any necessary improvements in advance of the next comprehensive planning cycle. This work should be conducted with opportunities for ongoing input and consultation with local officials as any modifications to the comprehensive planning review processes are considered, including but not limited to a recently established regional planning advisory group that includes Metro Cities and municipal officials. This work shall include reviewing processes for comprehensive plan amendments and identifying areas for improvement. In reviewing local comprehensive plans and plan amendments, the Metropolitan Council should: • Recognize that its role is to review and comment,unless it is found that the local plan is more likely than not to have a substantial impact on or contain a substantial departure from one of the four system plans; • Be aware of statutory time constraints imposed by the Legislature on plan amendments and development applications; • Provide for immediate effectuation of plan amendments that have no potential for substantial impact on systems plans; • Require the information needed for the Metropolitan Council to complete its review,but not prescribe additional content or format beyond that which is required by the Metropolitan Land Use Planning Act(LUPA); • Work in a cooperative and timely manner toward the resolution of outstanding issues. When a city's local comprehensive plan is deemed incompatible with the Metropolitan Council's systems plans, Metro Cities supports a formal appeal process that includes a peer review. Metro Cities opposes the imposition of sanctions or monetary penalties when a city's local comprehensive plan is deemed incompatible with the Metropolitan Council's systems plans or the plan fails to meet a statutory deadline when the city has made legitimate, good faith efforts to meet Metropolitan Council requirements; • Work with affected cities and other organizations such as the Pollution Control Agency, Department of Natural Resources, Department of Health, and other stakeholders to identify common ground and resolve conflicts between respective goals for flexible residential development and achieving consistency with the Council's system plans and policies; and 2024 Legislative Policies 52 Metropolitan Agencies • Require entities, such as private businesses, nonprofits, or local units of government, among others, whose actions could adversely affect a comprehensive plan, to be subject to the same qualifications and/or regulations as the city. 4-H Comprehensive Planning Process Metro Cities supports examining the comprehensive planning process to make sure that the process is streamlined and efficient and avoids excessive cost burdens or duplicative or unnecessary planning requirements by municipalities in the planning process. Metro Cities supports resources to assist cities in meeting regional goals as part of the comprehensive planning process, including planning grants and technical assistance. Metro Cities supports funding and other resources from the Metropolitan Council for the preparation of comprehensive plan updates,including grant funding. Grants and other resources should be provided to all eligible communities through a formula that is equitable, and recognizes varying city needs and capacities. 4-I Comprehensive Planning Schedule Cities are required to submit comprehensive plan updates to the Metropolitan Council every 10 years.A city's comprehensive plan represents a community's vision of how the city should grow and develop or redevelop, ensure adequate housing,provide essential public infrastructure and services,protect natural areas, and meet other community objectives. Metro Cities recognizes the merit of aligning comprehensive plan timelines with the release of census data. However, the comprehensive plan process is expensive, time consuming and labor intensive for cities, and the timing for the submission of comprehensive plans should not be altered solely to better align with census data. If sufficient valid reasons exist for the schedule for the next round of comprehensive plans to be changed or expedited, cities should be provided with financial resources to assist them in preparing the next round of plans. Metro Cities opposes cities being forced into a state of perpetual planning because of regional and legislative actions. Should changes be made to the comprehensive planning schedule,Metro Cities supports financial and other resources to assist cities in preparing and incorporating policy changes in local planning efforts. Metro Cities supports a 10-year time frame for comprehensive plan update submissions. Metro Cities supports the Metropolitan Council's consideration to reduce requirements for 10-year Comprehensive Plan updates for cities under 2,500 residents. 4-J Local Zoning Authority Local governments are responsible for zoning and local officials should have full authority to approve variances to remain flexible in response to the unique land use needs of their own community. Local zoning decisions, and the implementation of cities'comprehensive plans, 2024 Legislative Policies 53 Metropolitan Agencies should not be conditioned upon the approval of the Metropolitan Council or any other governmental agency. Metro Cities supports local authority over land use and zoning decisions and opposes the creation of non-local appeals boards with the authority to supersede city zoning decisions, and statutory modifications that would diminish the ability of cities to set and implement local zoning ordinances and policies. 4-K Regional Growth The most recent regional population forecast prepared by the Metropolitan Council projects a population of 3,746,000 people by 2040 and 4,001,000 by 2050. Metro Cities recognizes cities'responsibility to plan for sustainable growth patterns and the integration of transportation, housing,parks, open space, and economic development that will result in a region better equipped to manage population growth,provide a high quality of life for a growing and increasingly diverse metropolitan area population, and improved environmental health. In developing local comprehensive plans to fit within a regional framework, adequate state and regional financial resources and incentives and maximum flexibility for local planning decisions are imperative. The regional framework should assist cities in managing growth while being responsive to the individual qualities, characteristics and needs of metropolitan cities, and should encourage sub-regional cooperation and coordination. In order to accommodate this growth in a manner that preserves the region's high quality of life: • Natural resource protection will have to be balanced with growth and development/reinvestment; • Significant new resources will have to be provided for transportation and transit; and • New households will have to be incorporated into the core cities, first and second-ring suburbs, and developing cities through both development and redevelopment. In order for regional and local planning to result in the successful implementation of regional policies: The State of Minnesota must contribute additional financial resources,particularly in the areas of transportation and transit, community reinvestment, affordable housing development, and the preservation of parks and open space. If funding for regional infrastructure is not adequate, cities should not be responsible for meeting the growth forecast set forth by the Metropolitan Council; • The Metropolitan Council and Legislature must work to pursue levels of state and federal transportation funding that are adequate to meet identified transportation and transit needs in 2024 Legislative Policies 54 Metropolitan Agencies the metropolitan area; • The Metropolitan Council must recognize the limitations of its authority and continue to work with cities in a collaborative, incentives-based manner; • The Metropolitan Council must recognize the various needs and capacities of its many partners, including but not limited to cities, counties, economic development authorities and nonprofit organizations, and its policies must be balanced and flexible in their approach; • Metropolitan counties, adjacent counties and school districts must be brought more thoroughly into the discussion due to the critical importance of facilities and services such as county roads and public schools in accommodating forecasted growth; and • Greater recognition must be given to the fact that the"true"metropolitan region extends beyond the traditional seven-county area and the need to work collaboratively with adjacent counties in Minnesota and Wisconsin, and the cities within those counties. The region faces environmental, transportation, and land use issues that cannot be solved by the seven-county metro area alone. Metro Cities supports an analysis to determine the impacts of Metropolitan Council's growth management policies and infrastructure investments on the growth and development of the collar counties, and the impacts of growth in the collar counties on the metropolitan area. Metro Cities opposes statutory or other regulatory changes that interfere with established regional and local processes to manage growth in the metropolitan region, including regional systems plans, systems statements, and local comprehensive plans. Such changes erode local planning authority as well as the efficient provision of regional infrastructure, disregard established public processes and create different guidelines for communities that may result in financial, environmental, and other impacts on surrounding communities. 4-L Natural Resource Protection Metro Cities recognizes the Metropolitan Council's efforts to compile and maintain an inventory and assessment of regionally significant natural resources for providing local communities with additional information and technical assistance. The state and region play significant roles in the protection of natural resources.Any steps taken by the state or Metropolitan Council regarding the protection of natural resources must recognize that: • The protection of natural resources is significant to a multi-county area that is home to more than 50 percent of the state's population and a travel destination for many more. Given the limited availability of resources and the artificial nature of the metropolitan area's borders, and the numerous entities that are involved in protecting the natural resources of the region and state, neither the region nor individual metropolitan communities would be well served 2024 Legislative Policies 55 Metropolitan Agencies by assuming primary responsibility for financing and protecting these resources; • The completion of local Natural Resource Inventories and Assessments (NRI/A) is not a regional system nor is it a required component of local comprehensive plans under the Metropolitan Land Use Planning Act; • The protection of natural resources should be balanced with the need to accommodate growth and development, reinvest in established communities, encourage more affordable housing and provide transportation and transit connections; and • Decisions about the zoning or land use designations, either within or outside a public park, nature preserve, or other protected area are, and should remain, the responsibility of local units of government. The Metropolitan Council's role with respect to climate change, as identified in the 2040 regional development guide, should be focused on the stewardship of its internal operations (wastewater, transit) and working collaboratively with local governments to provide information, best practices, technical assistance and incentives around responses to climate change. Metro Cities urges the Legislature and the Metropolitan Council to provide financial assistance for the preservation of regionally significant natural resources. 4-M Inflow and Infiltration (I/I) The Metropolitan Council has identified a majority of sewered communities in the metropolitan region to be contributing excessive inflow and infiltration(I/I) into the regional wastewater system or to be on the threshold of contributing excessive inflow and infiltration. Inflow and infiltration are terms for the ways that clear water(ground and storm) makes its way into sanitary sewer pipes and gets treated, unnecessarily, at regional wastewater plants. The number of identified communities is subject to change, depending on rain events, and any city in the metropolitan area can be affected. The Metropolitan Council establishes a surcharge on cities determined to be contributing unacceptable amounts of I/I into the wastewater system. The charge is waived when cities meet certain parameters through local mitigation efforts. Metro Cities recognizes the importance of controlling I/I because of its potential environmental and public health impacts,because it affects the size, and therefore the cost, of wastewater treatment systems and because excessive I/I in one city can affect development capacity of another. However, there is the potential for cities to incur increasingly exorbitant costs in their ongoing efforts to mitigate excessive I/I. Therefore, managing I/I at a regional as well as local level, is critical to effective mitigation and cost management. Metro Cities continues to monitor the surcharge program and supports continued reviews of the methodology used to measure excess I/I to ensure that the methodology 2024 Legislative Policies 56 Metropolitan Agencies appropriately normalizes for precipitation variability and the Council's work with cities on community specific issues around I/I. Metro Cities supports state financial assistance for metro area I/I mitigation through future Clean Water Legacy Act appropriations or similar legislation and encourages the Metropolitan Council to partner in support of such appropriations. Metro Cities also supports resources, including identified best practices, information on model ordinances, public education and outreach, and other tools, to local governments to address inflow/ infiltration mitigation for private properties. A 2023 task force recommended parameters for a private property inflow-infiltration program that will be funded through a portion of the regional wastewater charge.As a program gets underway, Metro Cities will monitor program criteria for transparency and accessibility for eligible cities. Metro Cities supports continued state capital assistance to provide grants to metropolitan cities for mitigating inflow and infiltration problems into municipal wastewater collection systems. Grant funding should continue to be structured so that all eligible cities have access to this funding assistance. 4-N Sewer Availability Charge (SAC) Metro Cities supports a SAC program that emphasizes equity, transparency, simplification, and lower rates. Metro Cities supports principles for SAC that include program transparency and simplicity, equity for all served communities and between current and future users, support for cities' sewer fee capacities, administrative reasonableness, and weighing any program uses for specific goals with the impacts to the program's equity, transparency, and simplicity.As such, Metro Cities opposes the use of the SAC mechanism to subsidize and/or incent specific Metropolitan Council goals and objectives. Input from local officials should be sought if the SAC reserve is proposed to be used for any purpose other than debt service, including pay-as-you-go (PAYGO). Metro Cities opposes increases to the SAC rate while the reserve is projected to exceed the Metropolitan Council's minimum reserve balance, without the express engagement of city officials in the metropolitan area. Metro Cities supports current SAC program criteria that use gross square feet in making SAC determinations, and do not require a new SAC determination for business remodels that do not change the use of the property. These changes were the result of a 2018 task force that made recommendations to simplify the SAC program for users, and to reduce incidents of "surprise" SAC charges. Metro Cities supports current SAC policy that enhances flexibility in the SAC credit structure for redevelopment purposes and supports continued evaluation of SAC fees to determine if they hinder redevelopment. 2024 Legislative Policies 57 Metropolitan Agencies Metro Cities supports the Metropolitan Council providing details on how any proposed changes to the SAC rate are determined. Metro Cities supports a periodic review of MCES' customer service policies, to ensure that its processes are responsive and transparent to communities, businesses, and residents. Metro Cities supports continued outreach by MCES to users of the SAC program to promote knowledge and understanding of SAC charges and policies.Any modifications to the SAC program or structure should be considered only with the participation and input of local officials in the metropolitan region. Metro Cities supports a "growth pays for growth" approach to SAC. If state statutes are modified to establish a"growth pays for growth"method for SAC, the Metropolitan Council should convene a group of local officials to identify any technical changes necessary for implementing the new structure. Metro Cities supports allowing the Council to utilize a SAC `transfer' mechanism when the SAC reserve fund is inadequate to meet debt service obligations.Any use of the transfer mechanism must be done so within parameters prescribed by state law and with appropriate notification and processes to allow local official input and should include a timely 'shift back'of any funds that were transferred from the wastewater fund to the SAC reserve fund. Efforts should be made to avoid increasing the municipal wastewater charge in use of the transfer mechanism. 4-0 Funding Regional Parks & Open Space In the seven-county metropolitan area, regional parks essentially serve as state parks, and the state should continue to provide capital funding for the acquisition, development, and improvement of these parks in a manner that is equitable with funding for state parks. State funding apart from Legacy funds should equal 40 percent of the operating budget for regional parks. Legacy funds for parks and trails should be balanced between the metropolitan region and greater Minnesota. Metro Cities supports state funding for regional parks and trails that is fair, creates a balance of investment across the state, and meets the needs of the region. 4-P Livable Communities The Livable Communities Act(LCA)under Minn.Stat. 473.25 is administered by the Metropolitan Council and provides a voluntary, incentive-based approach to affordable housing development, tax base revitalization,job growth and preservation, brownfield clean up and mixed-use, transit-friendly development, and redevelopment. Metro Cities strongly supports the continuation of this approach,which is widely accepted and utilized by cities. Since its inception in 1995 the LCA program has generated billions of dollars of private and public investment, created thousands of jobs and added thousands of affordable housing units in the region. 2024 Legislative Policies 58 Metropolitan Agencies Metro Cities monitors the LCA programs on an ongoing basis and supports any necessary program modifications to ensure that the LCA program criteria are flexible and promote the participation of all participating communities, and to ensure all metropolitan area cities are eligible to participate in the Livable Communities Demonstration Account(LCDA). Metro Cities supports increased funding and flexible eligibility requirements in the LCDA to assist cities with development that may not be exclusively market driven or market proven in the location, in order to support important local development and redevelopment goals. Metro Cities supports the findings of a recent local official working group that identified the need for the Metropolitan Council to expand its outreach to cities on the LCA programs and to continue efforts to ensure that LCA criteria are sufficiently flexible to meet the range of identified program objectives. These efforts should include ongoing opportunities for structured input by Metro Cities and local officials. Metro Cities supports the statutory goals and criteria established for the Livable Communities Act and opposes any changes to LCA programs that constrain flexibility in statutory goals or program requirements and criteria. Metro Cities is monitoring 2021 modifications to the LCA program to ensure that program criteria are responsive to local needs within the context of overall LCA objectives. Metro Cities opposes funding reductions to the Livable Communities Act programs and the transfer or use of these funds for purposes outside of the LCA program. Metro Cities supports statutory modifications in the LCDA to reflect the linkages among the goals, municipal objectives, and Metropolitan Council system objectives. Metro Cities supports the use of LCA funds for projects in transit improvement areas, as defined in statute, if funding levels for general LCA programs are adequate to meet program goals and the program remains accessible to participating communities. Any proposed program modifications should be considered with input by local officials before changes to LCA programs are enacted or implemented. Use of interest earnings from LCA funds should be limited to covering administrative program costs. Remaining interest earnings should be considered part of LCA funds and used to fund grants from established LCA accounts per established funding criteria. 4-Q Density Metro Cities recognizes the need for a density policy, including minimum density requirements, that allows the Metropolitan Council to effectively plan for and deliver cost-efficient regional infrastructure and services. Regional density requirements must recognize that local needs and priorities vary, and requirements must be sufficiently flexible to accommodate local circumstances as well as the effect of market trends on local development and redevelopment activity. 2024 Legislative Policies 59 Metropolitan Agencies The Metropolitan Council asks cities to plan for achieving minimum average net densities across all areas identified for new growth, development, or redevelopment. Because each community is different, how and where density is guided is determined by the local unit of government, regional density requirements should use minimum average net densities and provide flexibility to accommodate individual city circumstances. Metro Cities opposes parcel-specific density requirements as such requirements are contrary to the need for local flexibility in a regional policy. Any regional density policy must use local data and local development patterns and must accommodate local physical and land use constraints such as, but not limited to, wetlands,public open space, trees, water bodies and rights-of-way, and any corresponding federal and state regulations imposed on local governments when computing net densities. The Metropolitan Council must coordinate with local governments in establishing or revising regional density requirements and should ensure that regional density and plat monitoring reports comprehensively reflect local densities and land uses. 4-R Comprehensive Plans and Environmental Review Comprehensive plans are essential guiding documents for cities and lay out a range of future land use scenarios, which are intended to allow for the orderly and economic development of the metropolitan region. To allow for local flexibility and functionality, as well as to best align local goals with regional requirements, it is essential that local comprehensive plans remain as high- level visioning documents that guide future development as well as other city policies. Recent litigation, if successful, could require local comprehensive plans to meet the standards of the Minnesota Environmental Rights Act(MERA), which is not possible given that they are high level visioning documents and not development plans. Comprehensive plans,under state law, are expressly exempt from the Minnesota Environmental Protection Act(MEPA), unlike development projects, which are regularly and rightfully reviewed under MEPA. This litigation threatens the autonomy of cities to conduct long term planning and the ability of the Metropolitan Council to conduct thoughtful, effective regional planning. Metro Cities supports legislative changes to clarify that cities' comprehensive plans are exempt from review under the Minnesota Environmental Rights Act(MERA). 2024 Legislative Policies 60 Transportation Transportation Policies and Funding Introduction Metro Cities supports a comprehensive transportation system as a vital component in planning for and meeting the physical, social, and economic needs of the state and metropolitan region. A comprehensive transportation system includes streets and bridges, transit, and multi-modal solutions that work cohesively to best meet state, regional and local transportation needs. Adequate and stable sources of funding are necessary to ensure the development and maintenance of a high quality, efficient and safe transportation system that meets these needs and that will position the state and region to be economically competitive in the years ahead. Failure to maintain a functional transportation system will have adverse effects on the state's ability to attract and retain businesses and create jobs. Transportation funding and planning must be a high priority for state, regional and local policymakers so that the transportation system can meet the needs of the state's residents and businesses as well as projected population growth. Funding and planning for regional and statewide systems must be coordinated at the federal, state, regional and local levels to optimally achieve long-term needs and goals. 5-A Road and Bridge Funding Under current financing structures that rely primarily on local property taxes and fees as well as cities' share of the Highway User Tax Distribution(HUTD) Fund, road and bridge needs in the metropolitan region continue to be underfunded. Metro Cities strongly supports stable, sufficient, and sustainable statewide transportation funding and expanded local tools to meet the transportation system needs of the region and local municipal systems. Consideration should be given to using new, expanded, and existing resources to meet these needs. Metro Cities supports the use of dedicated taxes and fees to fund transportation infrastructure. In addition, cities lack adequate tools and resources for the maintenance and improvement of municipal street systems, with resources restricted to property taxes and special assessments. It is imperative that alternative revenue generating authority be granted to municipalities and that state resources be made available for this purpose to aid local communities and relieve the burden on the property tax system. Metro Cities supports Municipal State Aid Street (MSAS) funding. MSAS provides an important but limited revenue source that assists eligible cities with street infrastructure needs and is limited to twenty percent of a city's street system. Metro Cities supports state funding to assist cities over-burdened by cost participation responsibilities from improvement projects on state or county highways. Metro Cities supports flexibility in cost participation policies, especially for those cities with a disproportionate number of state or county highways in and around their local boundaries. 2024 Legislative Policies 61 Transportation Metro Cities supports state funding for state highway projects, including congestion, bottleneck and safety improvements. Metro Cities also supports state financial assistance, as well as innovations in design and construction, to offset the impacts of regional transportation construction projects on businesses. Metro Cities opposes statutory changes restricting the use of local funds for transportation projects. Metro Cities opposes restrictions on aesthetic related components of transportation projects, as these components often provide important safety and other benefits to projects. Metro Cities supports further research into the policy implications for electric and automated vehicles on roadways,transit, and other components of transportation systems. Metro Cities encourages the state to study the impact of electric and automated vehicles on transportation related funding and policies. 5-B Regional Transit System The Twin Cities Metropolitan Area needs a multi-modal regional transit system as part of a comprehensive transportation strategy that serves all users, including commuters and the transit dependent. The transit system should be composed of a mix of high occupancy vehicle (HOV) lanes, high occupancy toll (HOT) lanes, a network of bike and pedestrian trails,bus rapid transit, express and regular route bus service, exclusive transit ways, light rail transit, streetcars, and commuter rail corridors designed to connect residential, employment, retail, and entertainment centers. The system should be regularly monitored and adjusted to ensure that routes of service correspond to current and forecasted changes in the region's transit service needs and priorities. Metro Cities supports strategic expansion of the regional transit system. Current congestion levels and forecasted population growth require a stable, reliable, and growing source of revenue for transit construction and operations so that our metropolitan region can meet its transportation needs to remain economically competitive. Metro Cities supports an effective, efficient, and comprehensive regional transit system as an invaluable component in meeting the multimodal transportation needs of the metropolitan region and to the region's economic vibrancy and quality of life. Metro Cities recognizes that transit service connects residents to jobs, schools, health care, and activity centers. Transit access and service frequency levels should recognize the role of public transit in addressing equity, including but not limited to racial and economic disparities,people with disabilities and the elderly. Metro Cities supports efforts to transition the fleets of transit providers in the metropolitan region to low or zero emission buses and supports using equity and environmental criteria identified in transit providers'zero emission bus transition plans to prioritize the deployment of zero or low-emission buses. Metro Cities opposes statutory changes restricting the use of local funds for planning or construction of transit projects. Restricting local planning and funding limits the ability of cities to participate in transit corridor planning and development. State and regional 2024 Legislative Policies 62 Transportation policymakers must coordinate with local units of government as decisions are made at the state level on transit projects that also involve municipal planning, funding, and policy decisions. In the interest of including all potential options in the pursuit of a regionally balanced transit system, Metro Cities opposes the imposition of legislative moratoriums on the study, planning, design, or construction of specific transit projects. Metro Cities supports a regional governance structure that ensures a measurably reliable and efficient system, recognizes the diverse transit needs of our region and addresses funding needs for all components of the system. These structures must work with and be responsive to the needs of the communities they serve. Metro Cities supports an open and collaborative regional transportation planning process that fully engages all public transit providers as partners in ongoing policy development to achieve desired outcomes, including establishment of transit project criteria that promote fair and equitable selection of projects throughout the region and transparent regional distribution of available funding. Metro Cities recognizes the need for flexibility in transit systems for cities that border the edges of the seven-county metropolitan area to ensure users can get to destinations outside of the seven-county area. Metro Cities encourages the Metropolitan Council to coordinate with collar counties so that riders can get to and from destinations beyond the boundaries of the region. Metro Cities is opposed to legislative or Metropolitan Council directives that constrain the ability of metropolitan transit providers to provide a full range of transit services, including reverse commute routes, suburb-to-suburb routes, transit hub feeder services or new, experimental services that may show a low rate of operating cost recovery from the fare box. Metro Cities strongly supports the autonomy of suburban transit providers to conduct operations to meet demonstrated and unique needs in their designated service areas independent from the operations of other regional transit providers. Metro Cities supports the ability of a new window to be established for cities to opt out of Metro Transit to either partner with or join an existing suburban transit provider or to establish their own transit service. Suburban transit providers are concerned that funding challenges may be used to attempt to justify a repeal of their authorizing legislation and to consolidate transit services into a single regional entity. This would result in reverting to conditions existing nearly 40 years ago when inadequate service caused twelve suburbs to elect not to be part of the traditional transit system. In the interest of safety and traffic management, Metro Cities supports further study of rail safety issues relating to water quality protections, public safety concerns relating to derailments, traffic implications from longer and more frequent trains and the sensitive balance between rail commerce and the quality-of-life impacts on the communities through which they pass. 2024 Legislative Policies 63 Transportation 5-C Transit Financing Shifting demographics in the metropolitan region will mean increased demand for various modes of transit in areas with and without current transit service. MVST revenue projections are unpredictable, and the Legislature has repeatedly reduced general fund support for Metro Transit, which contributes to persistent operating deficits for regional transit providers. Operating subsidies necessary to support a regional system should come from regional and statewide funding sources and not local taxpayers. Until recently, state and regional resources for transit had diminished, with costs shifting to local taxpayers in the metropolitan area.A system of transit provides significant economic benefits to the state and metropolitan region and must be supported with state and regional revenue sources. In addition, capital costs for the expansion of the regional transit system should be supported through state and regional sources, and not the sole responsibility of local units of government. In 2023, a 0.75%regional sales and use tax in the seven county metropolitan region was established to provide funding for transit operations, maintenance, capital projects. Metro Cities supports stable and predictable state and regional revenue sources to fund operating and capital expenses for all regional transit providers and Metro Mobility at a level sufficient to meet the growing operational and capital transit needs of the region and to expand the system to areas that lack sufficient transit service options. Metro Cities continues to support an advisory role for municipal officials in decisions associated with local transit projects. Metro Cities supports the early engagement of local governments in transit project planning and development including project scoping, cost estimating, funding requests and coordination with overlapping initiatives to achieve successful corridor-based projects. To promote stable and predictable distribution of Regional Transportation Sales and Use Tax receipts, Metro Cities supports a collaborative process by which the Metropolitan Council includes stakeholders in the creation of policy guiding the distribution of funds. Metro Cities supports the creation of a city allocation from the Regional Transportation Sales Tax to aid cities with local transportation infrastructure. 5-D Street Improvement Districts Funding sources for local transportation projects are limited to the use of Municipal State Aid Street Program(MSAS), property taxes and special assessments. With increasing pressures on city budgets and limited tools and resources, cities are finding it increasingly difficult to maintain aging streets. Street improvement districts allow cities in developed and developing areas to fund new construction as well as reconstruction and maintenance efforts. 2024 Legislative Policies 64 Transportation The street improvement district is designed to allow cities, through a fair and objective fee structure, to create a district or districts within the city in which fees are raised on properties in the district and spent within the boundaries of the district. Metro Cities supports the authority of local units of government to establish street improvement districts. Metro Cities also supports changes to special assessment laws to make assessing state-owned property a more predictable process with uniformity in the payment of assessments across the state. 5-E Highway and Bridge Turn Backs & Funding Cities do not have the financial capacity and in many cities the technical expertise other than through significant property tax increases, to absorb additional roadway or bridge infrastructure responsibilities without new funding sources. The existing municipal turnback fund is not adequate based on contemplated turn backs. Metro Cities supports jurisdictional reassignment or turnback of roads (Minn. Stat. § 161.16, subd. 4) on a phased basis using functional classifications and other appropriate criteria subject to a corresponding mechanism for adequate funding of roadway improvements and continued maintenance. Metro Cities does not support a wholesale turnback of county or state roads or bridges without the consent of the municipality and the total cost, agreed to by the municipality, being reimbursed to the city in a timely manner. The process for establishing state policies to assign a shared cost participation for newly constructed or rebuilt bridges over trunk highways to local officials, must include input by the local municipalities affected, and any assigned shared costs and responsibilities must be agreed to by the municipalities. 5-F "3C" Transportation Planning Process: Elected Officials' Role The Transportation Advisory Board (TAB) was developed to meet federal requirements, designating the Metropolitan Council as the organization that is responsible for a continuous, comprehensive, and cooperative (3C) transportation planning process to allocate federal funds among metropolitan area projects. Input by local officials into the planning and prioritization of transportation investments in the region is a vital component of these processes. Metro Cities supports continuation of the TAB with a majority of locally elected municipal officials as members and participating in the process. 5-G Electronic Imaging for Enforcement of Traffic Laws Enforcement of traffic laws with cameras and other motion imaging technology has been demonstrated to improve driver compliance and safety. 2024 Legislative Policies 65 Transportation Metro Cities supports cities having the authority to use such technology, including photos and videos, to enforce traffic laws. 5-H Transportation Network Companies and Alternative Transportation Modes The introduction of transportation network companies (TNC) such as Lyft and Uber, vehicle sharing and other wheeled transportation modes such as bicycles and scooters, require the need for local officials to determine licensing and inspection requirements for these modes, and to address issues concerning management over public rights-of-way. Cities have the authority to license rideshare companies, inspect vehicles, license drivers, and regulate access to sidewalks and streets. The use of autonomous delivery robots and aerial drones in public rights-of-way is also becoming more prevalent and cities must maintain and enhance the authority necessary to regulate the use of these vehicles to ensure safe use of the public right of way. Metro Cities supports the authority of local officials to regulate and establish fees on these transportation modes. Emerging and future transportation technologies have potentially significant implications for local public safety and local public service levels, the needs and impacts of which vary by community. 5-I Airport Noise Mitigation Communities closest to MSP and reliever airports are significantly impacted by noise, traffic, and other numerous expansion-related issues. Metro Cities supports the broad goal of providing MSP-impacted communities greater representation on the Metropolitan Airports Commission (MAC). Metro Cities encourages continued communication between MAC commissioners and the cities they represent. Balancing the needs of the MAC, the business community, and the airport host cities and their residents requires open communication,planning and coordination. Cities must be viewed as partners with the MAC in resolving differences that arise out of airport projects and the development of adjacent parcels. Regular contact between the MAC and cities throughout a project proposal process will enhance communication and problem solving. The MAC should provide full funding for noise mitigation for all structures in communities impacted by flights in and out of MSP. Metro Cities supports noise abatement programs and expenditures and the work of the Noise Oversight Committee to minimize the impacts of MAC operated facilities on neighboring communities.The MAC should determine the design and geographic reach of these programs only after a thorough public input process that considers the priorities and concerns of impacted cities and their residents. The MAC should provide full funding for noise mitigation for all structures in communities impacted by flights in and out of MSP. 2024 Legislative Policies 66 Transportation 5-J Funding for Non-Municipal State Aid (MSAS) City Streets Cities under 5,000 in population are not eligible for Municipal State Aid. Cities over 5,000 residents have limited eligibility for dedicated Highway User Tax Distribution Fund dollars, which are capped by the state constitution as being available for up to twenty percent of streets. Current County State Aid Highway(CSAH) distributions to metropolitan counties are inadequate to provide for the needs of smaller cities in the metropolitan area. Cities need long-term, stable, funding for street improvements and maintenance. In 2023, the Legislature established the Transportation Advancement Account which distributes revenue from the retail delivery fee and the auto parts sales tax to counties, cities, townships, and a food delivery support account. Specifically, this account will distribute 27 percent of the revenue collected to cities under 5,000 in population and 15 percent to cities over 5,000 in population. Metro Cities supported the distribution of revenue deposited into the Transportation Advancement Account to cities,providing sustainable funding for non-MSAS city streets. Metro Cities supports additional resources and flexible policies to meet local infrastructure needs and increased demands on city streets. 5-K County State Aid Highway (CSAH) Distribution Formula Significant resource needs remain in the metropolitan area CSAH system. Revenues provided by the Legislature for the CSAH system have resulted in a higher number of projects being completed. However, greater pressure is being placed on municipalities to participate in cost sharing activities, encumbering an already over-burdened local funding system. When the alternative is not building or maintaining roads, cities bear not only the costs of their local systems but also as much as fifty percent of county road projects. Metro Cities supports special or additional funding for cities that have burdens of additional cost participation in projects involving county roads. Although only 5 percent of CSAH roads are in the metropolitan area, they account for nearly 37 percent of the vehicle miles traveled. The CSAH formula passed by the Legislature in 2008 helped to better account for needs in the metropolitan region but additional resources for the region are needed. Metro Cities supports a new CSAH formula more equitably designed to fund the needs of our metropolitan region. 5-L Municipal Input/Consent for Trunk Highways and County Roads State statutes direct the Minnesota Department of Transportation (MnDOT)to submit detailed plans, with city cost estimates, at a point one-and-a-half to two years prior to bid letting, at which time public hearings are held for community input. If MnDOT does not concur with requested changes, it may appeal. Currently, that process would take a maximum of three and a half months and the results of the appeals board are binding on both the city and MnDOT. 2024 Legislative Policies 67 Transportation Metro Cities supports the municipal consent process and opposes changes to weaken municipal consent or adding another level of government to the consent process. Metro Cities opposes changes to current statutes that would allow MnDOT to disregard the appeals board ruling for state trunk highways. Such a change would significantly minimize MnDOT's need to negotiate in good faith with cities for appropriate project access and alignment and would render the public hearing and appeals process meaningless. Metro Cities also opposes the elimination of the county road municipal consent and appeal process for these reasons. 5-M Plat Authority Current law grants counties review and comment authority for access and drainage issues for city plats abutting county roads. Metro Cities opposes any statutory change that would grant counties veto power or that would shorten the 120-day review and permit process time. 5-N MnDOT Maintenance Budget The state has failed in its responsibility for maintaining major roads throughout the state by requiring, through omission, that cities bear the burden of maintaining major state roads. MnDOT should be required to meet standards adopted by cities through local ordinances, or reimburse cities for labor, equipment and material used on the state's behalf to improve public safety or meet local standards. Furthermore, if a city performs maintenance, the city should be fully reimbursed. Metro Cities supports MnDOT taking full responsibility for maintaining state-owned infrastructure and property,including,but not limited to, sound walls and right of way within city limits. Metro Cities supports cooperative agreements between cities and MnDOT,which have proven to be effective in other parts of the state. Metro Cities supports adequate state funding for the maintenance of state rights-of-way. 5-0 Transit Taxing District The transit taxing district, which funds the capital cost of transit service in the Metropolitan Area through the property tax system, is inequitable. Because the boundaries of the transit taxing district do not correspond with any rational service line nor is being within the boundaries a guarantee to receive service, cities within and outside of the taxing district are contributing unequally to the transit service in the metropolitan area. This inequity should be corrected. Metro Cities supports a stable revenue source to fund both the capital and operating costs for transit at the Metropolitan Council. However,Metro Cities does not support the 2024 Legislative Policies 68 Transportation expansion of the transit taxing district without a corresponding increase in service and an overall increase in operational funds. To do so would create additional property taxes without a corresponding benefit. 5-P Complete Streets A complete street may include sidewalks, bike lanes (or wide paved shoulders), special bus lanes, comfortable and accessible public transportation stops, frequent and safe crossing opportunities, median islands, accessible pedestrian signals, curb extensions, narrower travel lanes and more. A complete street in a rural area will differ from a complete street in a highly urban area, but both are designed to balance safety and convenience for everyone using the road. Metro Cities supports options in state design guidelines for complete streets that would give cities greater flexibility to: • Safely accommodate all modes of travel. • Lower traveling speeds on local streets. • Address city infrastructure needs. • Ensure livability in the appropriate context for each city. Metro Cities opposes state-imposed mandates that would increase street infrastructure improvement costs in locations and instances where providing access for alternative modes including cycling and walking are deemed unnecessary or inappropriate as determined by local jurisdictions. 2024 Legislative Policies 69 2023 Municipal Revenues Committee Members Name Title Organization Daniel Buchholtz City Administrator Spring Lake Park Casey Casella Management Analyst Savage Jim Dickinson City Administrator Andover Lori Economy-Scholler Chief Financial Officer Bloomington Greg Evansky Councilmember Victoria Inderia Falana Government Relations Representative Minneapolis Ryan Garcia City Administrator South St. Paul LaTonia Green Finance Director Brooklyn Park *Dana Hardie City Manager Victoria _ **Alex Hassel IGR Representative League of MN Cities _ Chris Heineman City Administrator Little Canada Laurie Hokkanen City Manager Chanhassen Mike Huang Councilmember Chaska Steven Huser Government Relations Representative Minneapolis Tom Lawell City Administrator Apple Valley **Daniel Lightfoot IGR Representative League of MN Cities Kristi Luger City Manager Excelsior Madeline Mitchell Senior Budget Analyst St. Paul Darin Nelson Finance Director Minnetonka Justin Olsen Councilmember Cottage Grove Loren Olson Senior Government Relations Representative Minneapolis _ **Hannah Pallmeyer Government Affairs Liaison Metropolitan Council Gillian Rosenquist Councilmember Golden Valley Cara Schulz Councilmember Burnsville Steven Stahmer City Administrator Rogers Katie Topinka IGR Director Minneapolis Christina Volkers City Administrator Oakdale *Committee Chair **Guest/Non-City Official 70 2023 Housing & Economic Development Committee Members Joe Amerman I Economic Development Manager Maple Grove Brett Angell I Community Development Director Rogers Karen Barton 1 Community Development Director St. Louis Park Tara Beard 1 Housing Director St. Paul Tim Benetti Community Development Director Apple Valley Josh Berg Councilmember Elko New Market Kim Berggren Community Development Director Brooklyn Park Jenn Brewington Community&Economic Development Director Victoria Kirt Briggs Mayor Prior Lake Connie Buesgens Councilmember Columbia Heights *Heather Butkowski City Administrator Lauderdale Aaron Chirpich Community Development Director Columbia Heights Jeffrey Dahl City Manager Wayzata Samantha DiMaggio Economic Development Manager Chanhassen Inderia Falana Government Relations Representative Minneapolis Ryan Garcia City Administrator South St. Paul Andrew Gitzlaff Community Development Director Oakdale Tom Goodwin Councilmember Apple Valley Ben Gozola Asst. Director of Community Assets and Development New Brighton Derek Gunderson Councilmember Victoria Janice Gundlach Community Development Director Roseville Maurice Harris Councilmember Golden Valley **Alex Hassel IGR Representative League of MN Cities Stephanie Hawkinson Affordable Housing Development Manager and Planning Edina Chris Heineman City Administrator Little Canada Steven Huser Government Relations Representative Minneapolis Cheryl Jacobson City Administrator Mendota Heights Marvin Johnson Mayor Independence Daniel Lightfoot** IGR Representative League of MN Cities Loren Olson Senior Government Relations Representative Minneapolis **Hannah Pallmeyer Government Affairs Liaison Metropolitan Council Danette Parr Community Development Director Maplewood Eric Petersen IGR Director St. Paul **Richard Paul Julie Pointner Councilmember Plymouth Rebecca Schack Councilmember Minnetonka Cara Schulz Councilmember Burnsville Eric Searles Asst. Community Development Director Woodbury Alex Sharpe Planner&Economic Development Specialist Apple Valley Tracy Shimek Housing &Economic Development Coordinator White Bear Lake Cherie Shoquist Housing &Economic Development Manager Golden Valley Lori Sommers Senior Planner Plymouth Mike Supina Councilmember Eagan Jeff Thomson Community Development Director Burnsville Katie Topinka IGR Director Minneapolis 71 Julie Urban Housing & Redevelopment Manager Richfield Jason Wedel City Manager Prior Lake Kimberly Wilburn Councilmember Minnetonka Julie Wischnack Community Development Director Minnetonka *Committee Chair **Guest/Non-City Official 72 2023 Metropolitan Agencies Committee Members Name Title I Organization Kristy Barnett Councilmember I Maple Grove Josh Berg Councilmember I Elko New Market Deb Calvert Councilmember Minnetonka Macheal Collins City Clerk Burnsville Jim Dickinson City Administrator Andover Inderia Falana Government Relations Representative Minneapolis Thomas Fletcher _Councilmember Greenwood Mike Funk City Manager Minnetonka *Gary Hansen Councilmember Eagan **Alex Hassel IGR Representative I League of MN Cities Steven Huser Government Relations Representative Minneapolis Cheryl Jacobson City Administrator Mendota Heights Elizabeth Kautz Mayor Burnsville Gregg Lindberg _City Manager Burnsville Amada Marquez Simula Mayor Columbia Heights Deb McMillan Mayor Victoria Hugo McPhee Assistant City Manager Burnsville Alyssa Nelson Assistant City Manager Victoria Loren Olson _Senior Government Relations Representative Minneapolis **Hannah Pallmeyer Government Affairs Liaison Metropolitan Council Eric Petersen IGR Director St. Paul Katie Rodriguez City Manager I Richfield Jay Stroebel City Manager Brooklyn Park Michael Sund Civic Engagement Coordinator St. Louis Park Katie Topinka IGR Director Minneapolis Nyle Zikmund City Administrator Mounds View *Committee Chair **Guest/Non-City Official 73 2023 Transportation & General Government Committee Members Name I Title Organization I Kristin Asher I Public Works Director Richfield I I Josh Berg Councilmember Elko New Market Kissy Coakley Councilmember Minnetonka Inderia Falana Government Relations Representative Minneapolis Jesse Farrell City Engineer Oakdale **Anne Finn — IGR Director League of MN Cities Thomas Fletcher Councilmember Greenwood Gary Hansen Councilmember Eagan **Alex Hassel Intergovernmental Relations Representative League of MN Cities Sean Hayford Councilmember Richfield Oleary Debra Heiser Engineering Director St. Louis Park Steven Huser Government Relations Representative Minneapolis **Craig Johnson IGR Representative League of MN Cities Dan Kealey Councilmember Burnsville _ Brad Larson City Administrator Savage **Daniel Lightfoot IGR Representative League of MN Cities Brent Mareck City Manager Carver Amada Marquez Mayor Columbia Heights Simula Mary McComber Mayor Oak Park Heights Hugo McPhee Deputy City Manager Burnsville Justin Miller City Administrator Lakeville Alyssa Nelson Assistant City Manager Victoria Heidi Nelson City Administrator Maple Grove Kari Mayor New Brighton Niedfeldt-Thomas Loren Olson Senior Government Relations Representative Minneapolis **Hannah Pallmeyer Government Affairs Liaison Metropolitan Council Chelsea Petersen Assistant City Administrator Shakopee Eric Petersen IGR Director St. Paul Nick Peterson City Engineer St. Paul I Andy Reiff Councilmember Victoria Dan Ruiz Public Works Director Brooklyn Park Dave Shoger Public Works Director Victoria *Michael Thompson Public Works Director Plymouth Katie Topinka IGR Director Minneapolis Patrick Trudgeon City Manager Roseville Wally Wysopal City Manager Fridley Nyle Zikmund City Administrator Mounds View *Committee Chair **Guest/Non-City Official 74 W‘if20C MUNICIPAL LEGISLATIVE COMMISSION 2024 MLC Legislative Platform We believe sound policy advances and maintains strong communities. The Municipal Legislative Commission (MLC) supports initiatives that will help our cities, businesses, region, and state develop and thrive. Below are MLC's positions in key policy areas that will guide our advocacy efforts during the coming year. Public Safety MLC cities are dedicated to ensuring public safety in our communities. At the same time, we are increasingly concerned about the local budgetary implications of specific policies and one-size-fits- all approaches that limit local officials' ability to tackle complex challenges. Issues such as PTSD and addressing duty disability claims persist as significant challenges for our communities. The uncertainty surrounding recent legislative modifications to the use of force by Student Resource Officers (SROs) is also a concern our association urges the legislature to address. Emergency medical services present another growing worry for our cities as the ongoing challenges of ensuring timely and high-quality ambulance and emergency services continue to mount for some communities. Consequently, MLC believes local control over these services would produce the most favorable outcomes for our communities. MLC supports these specific policies and programs empowering local elected officials to effectively manage public safety issues in our communities: I. Local control of Emergency Medical Services (EMS) The Emergency Services Regulatory Board(EMSRB) is the state's regulatory entity that oversees and issues ambulance licenses. This board has the authority to designate exclusive emergency medical services (EMS) operating areas or primary service areas (PSA) for ambulance providers, and once approved, a provider can operate in a PSA for an indefinite period of time. Unfortunately, the EMSRB has not imposed operational standards to ensure that a PSA has adequate coverage and service levels. As a result, this current system is not serving all communities very well. MLC supports: a. Allowing local units of government to designate which licensed ambulance services provider or providers may serve their communities and to determine the appropriate level of service b. Providing local units of government with tools and authority to ensure transparency regarding performance standards and quality assurance metrics 1lPage W‘iosees MUNICIPAL LEGISLATIVE COMMISSION II. Clarification of School Resource Officer (SRO)Authority Recent legislative changes that limit the use of force towards students by SRO's has caused considerable confusion within the SRO program. Although the Attorney General has issued two opinions attempting to clarify the student discipline laws, confusion and legal ambiguity remain. MLC supports: Legislative clarification regarding SRO's authority for use of force in school settings. Ill. Address Near Automatic PERA Approval of PTSD Duty Disability Claims The number of Public Safety Duty Disability claims has risen consistently since 2019. According to the Public Employees Retirement Association(PERA), the following number of applications were received: 2019: 118 applications 2020: 241 applications 2021: 302 applications 2022: 257 applications More than 80 percent of these applications are related to PTSD and 95 percent are from law enforcement employees (although law enforcement make up only 80 percent of PERA plan, with firefighters making up about 20 percent). Eligibility for PTSD and duty disability criteria is set by state law. As a result, fewer than 1 percent of applications are denied by PERA. The financial implications are significant for cities once an employee becomes eligible for a PERA duty disability(requirement to provide continued health insurance benefits until the employee reaches the age of 65). MLC supports: a. Undertaking a thorough review of MN Statute 353.031—Disability Determination Procedures—to address potential changes to criteria used and the appeals process b. Full state funding for programs that pay for health insurance for police and fire employees injured in the line of duty 2IPage W‘if20C MUNICIPAL LEGISLATIVE COMMISSION Housing and Home Ownership Housing is a top priority for MLC cities,particularly increasing the production and availability of new affordable housing and ownership opportunities. Higher land, building material, and labor costs have led to more than a decade of underproduction, resulting in a housing gap in Minnesota. This shortfall in the production of housing supply increases the cost of housing for all Minnesotans, including the residents of our communities. Additionally, the acquisition of existing homes by institutional investors for use as income-generating rentals and the industry's shift toward more expensive single-family home construction diminish opportunities for affordable home ownership. These market forces are beyond the control of state and local governments and exacerbate the challenges of producing affordable housing and fostering home ownership. MLC cities support policies that help increase the production of and access to affordable housing options across the housing continuum—from multi-family rentals to affordable market-entry home ownership opportunities. This encompasses targeted investments to close home ownership disparities among black, indigenous, and people of color(BIPOC) in our communities. MLC continues to support exploring legislative and/or regulatory changes aimed at broadening Minnesotans' access to more affordable housing options across the housing continuum. Our association recognizes and encourages attention be paid to the shortage of"missing middle housing"—affordable housing and ownership opportunities that are "in the middle" of the housing continuum between medium/high-density apartment rentals and owner-occupied single-family homes. However, we oppose one-size fits all approaches which disrupt neighborhoods and have not demonstrated the production of more affordable housing.We look forward to working with stakeholders to address these critical housing needs. MLC advocates for these specific policies and programs related to housing availability and affordability: I. Expanding investments in Naturally Occurring Affordable Housing(NOAH) preservation II. Incenting local units of government to encourage development of additional "missing middle" housing options Ill. Authorizing cities to implement strategies that would enhance production of additional affordable housing options IV. Recognizing that land use decisions, such as zoning and regulatory controls, should be made at the local government level Wage W‘iosees MUNICIPAL LEGISLATIVE COMMISSION Infrastructure and Transportation Investments According to 2020 census data, MLC cities combined are among the biggest job producing areas in the state with over half a million employees (530,660) compared to Minneapolis/St. Paul, with a total combined of 455,689 employees. Along with those jobs comes added congestion and demand on transit and roads in MLC cities and as a result, our association supports increased, regionally balanced, investments in transportation and infrastructure to maintain and grow our robust transportation network. We are also monitoring the Metropolitan Governance Task Force to determine our position on specific recommendations that group will make in January 2024. MLC supports these specific infrastructure and transportation policies and programs: I. Authority to Implement Infrastructure Fees Many MLC cities continue to be among the fastest growing in the state of Minnesota. That growth is accompanied by incremental costs to infrastructure (i.e., water, sewer,parks, storm water, and roads). To facilitate continued orderly residential growth, it is essential that development fees are collected to ensure infrastructure meets the demand made by new development without shifting costs to existing residents. Cities currently have the authority to impose fees on new development of other infrastructure such as water, sanitary, and storm sewer, as well as for park purposes. It is a logical extension to allow fees for public infrastructure such as road improvements necessitated by new development. MLC supports: Authorizing local units of government to collect street infrastructure fees to offset the cost for safety and capacity improvements to collector road networks necessitated by new development. II. Greenhouse Gas Emissions and Vehicle Miles Traveled Assessment Requirements on Trunk Highway Projects. For all grade separation and capacity improvement projects on the trunk highway system that are not in the Statewide Transportation Improvement Program(STIP) or have not submitted a layout to the Minnesota Department of Transportation(MnDOT) for approval by February 2025, state statute requires assessments of greenhouse gas emissions and vehicle miles traveled. The law applies to capacity improvement projects with a cost of$15 million or more in the metro area and$5 million or more in Greater Minnesota. If the project is not in conformance with established greenhouse gas emissions and vehicle miles traveled reduction targets, there must be a change in the scope or design of the project, sufficient impact mitigation on the statewide system and a revised assessment. If these conditions are not met, the project must be halted and disallowed from inclusion in the STIP. The requirements in this law will significantly increase costs on important future highway expansion and interchange projects in Minnesota. Further, the law does not exempt projects that address safety needs or provide regional economic benefits. Wage 14"0120C MUNICIPAL LEGISLATIVE COMMISSION MLC supports: a. The administration and management of this legislation on a programmatic, or statewide, level versus at the project level to best encourage investment in transit and other projects that provide the greatest return on investment while also not unduly burdening projects where mitigation efforts may not be as efficient or implementable b. Removing the vehicle miles traveled assessments as a requirement when a project improves greenhouse gas emissions c. Exempting new interchanges from both assessments when the project provides economic benefits and safety improvement projects aimed at reducing fatalities III. Passage of a robust, regionally balanced bonding bill that includes significant investments in suburban communities Property Tax Relief and Tax Policy MLC supports local control including in the areas of taxes and fiscal policy. MLC cities believe strongly in the promotion of policies that bring greater stability and predictability in the fiscal relationship between the state and local units of government. We are also monitoring the Local Taxes Advisory Task Force to determine our position on specific recommendations that group will make in January 2024. MLC supports these specific property tax relief and tax policies and programs: I. Supporting more frequent review of the Local Government Aid (LGA) program in recognition of the growing financial needs of cities in the state, including those who currently receive no LGA II. Eliminating the moratorium on local sales tax authorizations Ill. Supporting direct property tax relief through the Property Tax Refund and Renters Credit programs IV. Simplifying the process for a sales tax exemption on construction materials for cities, counties, school districts, and other local governments V. Preserving the integrity of the Fiscal Disparities Program by not removing revenue from the pool to pay for one-off legislative priorities 5iPage 2024 1 Legislative i.. 4itii:: Session.i. 1,. , ...__: , ,. .._..l .... . _ �• Update 1 7k. T . _ ,-;t i i ,i I 7 . r . .. . _ 1i , . . • 1 / b- A.' _n_- _ r s . ,_ . i: ,..,...-...... , January 11, 2024 _,::"•=_li.••••".../. r • ._...--._- . . _ _ • • • •• •iiii.0, .. _. , � iir ® • • • • r i .1 E. 't, i ! l , 1 VaHe 2024 Legislative Session • Begins on February 12, 2024 • Expected to end May 20, 2024 2024 Legislative Session • Begins on February 12, 2024 • Expected to end May 20, 2024 • Apple Valley's Legislative Delegation has been invited to our February 8, 2024 Informal Council Meeting Apple Valley Legislative Delegation rillill , .•.. , i A Senator Representative Representative District 56 District 56A District 56B Erin Maye Robert John Quade Bierman Huot 1night Opportunity for Council to Discuss Legislative Priorities •••• •• ••• •••• ••• pple1. 2024 Legislative Policies ■ League of Minnesota Cities • Metro Cities • Municipal Legislative Commission 2024 Legislative Policies • League of Minnesota Cities • Yellow • Metro Cities 1 • Green • Municipal Legislative Commission Blue 2024 Legislative Policies • Public Safety • Property Tax Relief and Tax Policy • Other Topics Public Safety ■ Local Control of Emergency Medical Services ■ Clarification of School Resource Officer (SRO) Authority ■ Increased Penalties for Fleeing in a Motor Vehicle ■ Changes in Data Privacy Laws Related to Body Worn Camera Redaction ■ Ensure Implementation of Cannabis Law Regulatory Framework to Provide Clear Licensing, Inspection, Taxation and Enforcement Provisions M_ Property Tax Relief and Tax Policy ■ Special Legislation for Apple Valley Related to Sales Tax Exemption on Construction Materials for Central Maintenance Facility • State Bonding Bill to Support Improvements at the Apple Valley Sports Arena ■ Grant Funding to Address On-Going PEAS Contamination Issues ■ Grant Funding to Address On-Going Emerald Ash Borer Mitigation Efforts ■ More Frequent Review of the Minnesota Local Government Aid (LGA) Formula Other Topics ■ Expand Housing Opportunities and Retain 1 Local Control Over Zoning Decisions • Address Impacts of Residential Group Home Concentration within Neighborhoods ■ Eliminate Requirement that Cities Collect Social Security Numbers for Various Licenses and Permits 1 • Oppose Legislation that Would Expand the Sale of Alcohol in Grocery Stores and other Retail Establishments Discussion • • • • • • • • • • • • • • • • pp1e11 lle On the Horizon . . . -,.. Municipal Legislative Commission Legislative Breakfast Friday, January 12, 2024 Eagan Community Center Dakota County Legislative Breakfast Thursday, January 25, 2024 Thompson Park West St. Paul Apple Valley Informal City Council Meeting Thursday, February 8, 2024 Thanks ! • • • • • • • • • • • • • • • • pp1e11 • ITEM: 4. ••••• • ••• COUNCIL MEETING DATE: January 11, 2024 Apple Valley SECTION: Informal Agenda Item Description: 2023 Park Referendum Update (20 min.) Staff Contact: Department/ Division: Eric Carlson - Parks & Recreation Director Parks and Recreation Department ACTION REQUESTED: N/A SUMMARY: Staff will provide a brief update on topics and issues related to the 2023 Parks Referendum. Items will include: • Tentative Bond Sale Schedule • Large Projects Budget Estimates • Large Projects Timeline • Site Survey/Soil Boring Update • Platting of Park Land Requirements • Compliance with the Comprehensive Plan • Consultants/Construction Manager at Risk • Project Updates BACKGROUND: For the last several years, the City of Apple Valley has worked with the community to determine the future needs and desires residents have for parks and recreation services. On November 7, Apple Valley voters approved two separate questions in a special election, authorizing a total of$73.25 million to invest in parks, trails, natural resources, Kelley Park, Redwood Park, Hayes Arena, the Apple Valley Family Aquatic Center, the Apple Valley Community Center and Senior Center, a youth baseball/softball complex at Hayes Park, and a community pool at Redwood Park. It will take four to six years to implement the improvements approved by voters. As we develop projects, we will involve residents in the planning process. Information on plans and construction progress will be provided on our website so residents can see what work is planned for each location and how the referendum dollars are being spent. BUDGET IMPACT: Funding for these investments comes from the successful 2023 Parks Referendum. ATTACHMENTS: Presentation 1/11/2024 ••• •••• ••••• •••• ••• Apple Valley 2023 Parks Referendum Building a Bright, Sustainable Future City of Apple Valley - Parks & Recreation Department ship statewide heakh Experiences That Last A Lifetime 1 2023 Referendum Investment • Question 1 - $66,750,000 _ • Passed by a 66% margin • Question 2 - $6,500,000 yolk • Passed by a 60% margin r • tyjgba uotatiO• , Allorn REFERENDUM PASSED App Vallcy Apple V lley—Parks&Rerreetion—Experiences That Last o Lifetime 2 1 1/11/2024 Tentative Bond Sales Schedule • 3- or 4-year period Year Bonds Estimated Tax • May not be equal issues Sold Impact 2024 $16,000,000 • Expect total issuance fees of 2025 $29,000,000 $56.17 $1,000,000—$1,500,000 2026 $28,250,000 $101.81 2027 $99.18 Total $73,250,000 $257.16 1/11/2024 "•;`�?k„wa„tY Apple Valley—Parks&Recreation—Experiences That Last a Lifetime 3 Large Project — Budget Estimates Ai Redwood Kelley A AVCC/AVSC Youth BB/SB Project Budget 16,100,000 8,600,000 8,200,000 10,600,000 5,200,000 48,700,000 Construction Management 1,545,600 825,600 787,200 1,017,600 499,200 4,675,200 Design Fees 966,000 516,000 492,000 636,000 312,000 2,922,000 Construction Estimate 12,880,000 6,880,000 6,560,000 8,480,000 4,160,000 38,960,000 (hard/soft) Estimated Contingency Budget 644,000 344,000 328,000 424,000 208,000 1,948,000 Miscellaneous Fee Estimate 64,400 34,400 32,800 42,400 20,800 194,800 Total 16,100,000 8,600,000 8,200,000 10,600,000 5,200,000 48,700,000 ''k Mcepvair Apple Valley—Parks&Recreation—Experiences That Last a Lifetime 4 2 1/11/2024 Large Projects Timeline (subject to change) Planning/Bidding/ Construction Open for Use Additional Considerations Approval Hayes Arena Dec.—Feb.20224 March—May 2024 June 2024 Mechanical issues AVFAC Jan.—May 2024 Sept.2024—May 2025 April 2025 Theming,mechanical issues Youth BB/SB Jan.—Aug.2024 Sept.2024—Aug 2025 May 2026 Coordination with ISD 196/JPA Redwood Jan.—Dec.2024 March 2025—April 2026 May 2026 Coordination with Dakota County Kelley July 2024—Mar.2025 May 2025—June 2026 July 2026 Work around MIKP Series AVCC/AVSC Jan.2025—Jan.2026 Feb.2026—Aug.2027 Sept.2027 Phase construction and use 1/11/2024 iK:::n ak„vai y Apple Valley—Parks&Recreation—Experiences That Last a Lifetime 5 Site Survey/Soil Borings II T l , • Bolton & Menk for site surveys ($196,300) I. E • Redwood r ` :_ . '.. • Kelley „ iliy • AVFAC P . '`` `�''� r — � • Westview Elementary = +— • Hayes E 1 • Includes platting services • Braun Intertec for soil borings ($39,060) — „.— • Redwood - • Kelley 1: • AVFAC '441. � • Westview Elementary - • Hayes ..:''Arckvatty Apple Valley—Parks&Recreakon—Expeaences That Last a Lifetime 6 3 1/11/2024 Platting of Park Land • Most park property is not platted • City ordinance requires platting of property for a building permit -441 • Must plat Kelley, Redwood, Hayes _ ' 4 • Waiver of plat in the meantime � \ so as not to hold anything up • 1/11/2024 Apple VIII, Apple Valley Parks&Reueotlon Experiences That Last a❑fetme 7 Compliance with the Comprehensive Plan • MN Statue 462.356 _ • Planning Commission required to find compliance with the comprehensive plan AtteI • Planning Commission to act on a resolution Imagine 20 n O Apple Valley �+ APPLE VALLEY COMPREHENSIVE PLAN UPDATE 1 will App;e'°V Apple Valley—Parks&Recreation—Experiences That Last a Lifetime 8 4 1/11/2024 Consultant Groups • JLG (Architect) . • AV FAC 1 ..• %.s • • AVCC/AVSC A� • Confluence (Landscape Architect) A` ' �. • Redwood °� a ®. _ \ . • Kelley � " �� • Hayes Youth Baseball/Softball Complex — — -• Contracts on the agenda TT. . - A`? v. • Contracts worth $2,900,000 1/11/2024 '°0y Apple Volley Parks&Recreation Experiences That Last a Lifetime 9 9 Construction Manager at Risk • Professional to help oversee large . 4 . , . , .. projects -_--e, • Guarantee Maximum Price (GMP) Sir _ _ • Developing a Request for ' ;= `' Qualifications (RFQ) and RequestE �!1111pit. r'� for Proposals (RFP) i_ • Expect Council review/approval in I; m March/April 2024 AppValley AppleVlley—Parks&Recreation—Experiences That Last,Lifetime 10 5 1/11/2024 Hayes Arena • Update refrigeration, floor, dasher boards (R-22 needs to be replaced) ;\\\ • 513A Refrigerant on a skid • $2,300,000(20-year system) t ,; II! � + III • Sourcewell Co-Operative Purchasing U ���- MIMI II i; 1 L • All-American Arena/Rink Tech �� IIIIIIII • B32 Engineer to inspect on City's behalf / • Council approval January/February 1044 � 6alj"is"n+ �Av 4n.,,c • Start project in March, skating by June • No public engagement planned ` • Apply for Mighty Ducks Grant (Max award $250K) • Any questions/concerns 1/11/2024 " ;a v"/?' Apple Vlley-Parks&Recreation-Experiences That Lost a Lifetime 11 Redwood Park • 2024 will be the last summer of the existing pool 4ft • Park will be under construction in n .ya 2025 • Working with Dakota County on - Pedestrian Tunnel '.. • JLG/Confluence to get involved a • Must be attractive to be used r— • Look for ways for the design to enhance ""'° the park • Robust public engagement Apple Valley-Parks&Recreation-Experiences That Last a Lifetime 12 6 1/11/2024 Redwood Park: State Bonding — Inclusive Playground • $1,410,000 received for an Inclusive Playground •.. • Approve an application and resolution 4Y- - - \ • 8 ( ;,,VITIt , ==...:0 I , - . • Property will have to be deed v.igl restricted 4,01 , t • Will require prevailing wage \�� contract(s) 1 • Must own/operate the playground for 125% of its useful life 1/11/2024 a0cy Apple Valley-Parks&Recreation-Experiences That Last a Lifetime 13 Park Amenities • Will begin working with HKGi /101P 441M\ ,111111,1* • Will look at: `r • Playgrounds AM• 41•��� 11A , • Courts fir *V/►--1`4 1 • Outdoor skating A.m.,1• i r.�� ��, i • Robust public engagement ♦��i l��-ol %o'er°, 'MI N ' r s r- nppi yvuey Apple lley-Parks&Recreation-Experiences That Last a Lifetime 14 14 7 1/11/2024 Baseball/Softball Field Backstops • Work around baseball/softball season • Replacement of backstops, benches, dugouts ) • Notify neighbors, no public engagement planned • Address athletic complexes in future years 1/11/2024 ii:i:ittPrZ..tYApple Valley-Parks&Recreation-Experiences That Last a Lifetime 15 15 Park System Sign Master Plan • Council reviewed in August 2023 36.3e-""1‘)..v. 3.60-13•510•hant/back • PRAC to provide final Cobb es lane Cobblestone Lake Par Well Lake hark Farquar Farquar Park Farquar Park k k Were w park review/recommendation in 6O-<,.,� rem-..4 x.eo.o.aro.�k.b.ri.t• February Almacatet Park • Council to review/approve in February/March Johnny Cake • Begin installing signs in 2024 ;. Ridge Park East Mile 2 Mile AppValley Apple Valley—Parks&Recreation—Experiences That Last a Lifetime 16 16 8 1/11/2024 American with Disabilities Act American Disabilities • Became law in 1990, DOJ adopted playground standards in 2012 • We have hired JQP Inc. to ensure we 57miltion 8.1 peoplhave di ab United States have disabilities, on take reasonable approaches to be difficlutyseeing or19% compliant with ADA on all our 2 of the population. million are blind projects or unable to see k>nt 7.6 million experience difficulty hearing 31 million have difficulty walking or climbing stairs 1/11/2024 !?K} v�?' Apple Valley-Parks&Recreation-Experiences That Last a Lifetime 17 Public Accountability/Transparency • Show residents how money is • �: = being invested • Consultants • 9 I� 23 6• Construction 2 4 • FFE 3 9 4 6 • Etc. -'I,'_i� 11'. 11 .. • Show location of projects (map) Ta el 9 mw , N rr 20 pecntei _ Merdst • 4,1 y w--Apple Valley-im w _sa. • r 7 i „i • 2 `{. •1 1111101r ` , .e oc •' .e ... ' ..:,Apple Valley Apple Vlley-Parks&Recreation-Experiences That Last o Lifetime 18 18 9 1/11/2024 Next Steps? • Going to take 4-6 years to make these investments • Significant community engagement efforts to come "`ram.- F • There may be resident questions/concerns with some projects • Any City Council questions/concerns? 1/11/2024 % � Apple Valley—Parks&Recreation—Experiences That Last a Lifetime 19 19 10 • ITEM: 4.A. ••••• • ••• COUNCIL MEETING DATE: January 11, 2024 Apple Valley SECTION: Consent Agenda Description: Approve Minutes of December 28, 2023, Regular Meeting Staff Contact: Department/ Division: Pamela J. Gackstetter, City Clerk City Clerk's Office ACTION REQUESTED: Approve the minutes of the regular meeting of December 28, 2023. SUMMARY: The minutes from the last regular City Council meeting are attached for your review and approval. BACKGROUND: State statute requires the creation and preservation of meeting minutes which document the official actions and proceedings of public governing bodies. BUDGET IMPACT: N/A ATTACHMENTS: Minutes CITY OF APPLE VALLEY Dakota County, Minnesota December 28, 2023 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held December 28, 2023, at 7:00 o'clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hooppaw; Councilmembers Bergman, Goodwin, Grendahl, and Melander. ABSENT: None. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Anderson, Community Development Director Benetti, Parks and Recreation Director Carlson, Police Chief Francis, Assistant City Administrator Grawe, Human Resources Manager Haas, Finance Director Hedberg, Fire Chief Nelson, Recreation Superintendent Rosa, and Public Works Director Saam. Mayor Hooppaw called the meeting to order at 7:00 p.m. Everyone took part in the Pledge of Allegiance to the flag. APPROVAL OF AGENDA MOTION: of Grendahl, seconded by Bergman, approving the agenda for tonight's meeting, as presented. Ayes - 5 -Nays - 0. AUDIENCE Mayor Hooppaw asked if anyone was present to address the Council, at this time, on any item not on this meeting's agenda. No one requested to speak. CONSENT AGENDA Mayor Hooppaw asked if the Council or anyone in the audience wished to pull any item from the consent agenda. There were no requests. MOTION: of Melander, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 5 -Nays - 0. CONSENT AGENDA ITEMS MOTION: of Melander, seconded by Goodwin, approving the minutes of the regular meeting of December 14, 2023, as written. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving issuance of a lawful gambling exempt permit,by the State Gambling Control Board, to Apple Valley Ducks Unlimited, Chapter 185, for use on March 30, 2024, at Bogart's Entertainment Center, 14917 Garrett Avenue, and waiving any waiting period for State approval. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 28, 2023 Page 2 MOTION: of Melander, seconded by Goodwin, approving a change in officers for D &D of Minnesota, Inc., d/b/a Famous Dave's BBQ Shack, in connection with On-Sale Wine and 3.2 Percent Malt Liquor License at 7593 147th Street W., naming Eric Lefebvre as Chief Executive Officer, Renee St-Onge as Financial Officer, Jeffrey Lee Smit as Co-Chief Operating Officer, Albert William Hank, Jr., as Co-Chief Operating Officer, Adam Kahler as Co-Chief Operating Officer, and Jennifer Marie Moody as Secretary, as described in the City Clerk's memo. Ayes - 5 - Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2023-184 setting a public hearing, at 7:00 p.m., on January 25, 2024, on the application for On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales by Orion Hospitality Group, LLC, d/b/a Crooked Pint Ale House. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving renewal and issuance of licenses and permits for 2024, as listed in the attachment to the City Clerk's memo. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2023-185 committing fund balances for 2023 financial statement purposes. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2023-186 amending the 2024 budget for specific items and uncompleted projects. Ayes - 5 -Nays - O. MOTION: of Melander, seconded by Goodwin, appointing City Representatives to Dakota 911 Emergency Communications Center Board and Committees for 2024-2025, as described in the City Administrator's memo. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2023-187 approving changes to the Public Works Department Policy Manual, Section 5.02 - Maintenance Personnel Uniform Policy and Section, 5.03 -Non-Union Personnel Uniform Policy. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving the reduction of financial guarantees for Apple Valley Industrial - Opus from $87,862.20 to $6,500.00 and Applewood Pointe from $1,282,388.00 to $850,250.00, as listed in the Department Assistant's memo. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving the release of Natural Resources Management Permit financial guarantees for Mister Carwash Construction, and CITY OF APPLE VALLEY Dakota County, Minnesota December 28, 2023 Page 3 Schuler Shoes Construction, as listed in the Natural Resources Technician's memo. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2023-188 authorizing temporary parking restrictions for Upper 139th Street W.; and authorizing installation of signage. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving the location of two 16 ft. x 76 ft. manufactured homes at Apple Valley Estates, 13001 Pennock Avenue, Sites #33 and#86, in accordance with the SLS/Eaton Settlement Agreement, subject to approval and issuance of all required permits prior to placement and compliance with all applicable Building Code and City Code requirements. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2023-189 supporting a Noise Wall. Grant application with the Minnesota Department of Transportation. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2023-190 supporting Dakota County to request the Minnesota Department of Transportation (MnDOT) to complete a speed study on CSAH 38 (McAndrews Road), from CSAH 31 (Pilot Knob Road)to Dover Drive. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2023-191 supporting Dakota County to request the Minnesota Department of Transportation (MnDOT) to complete a speed study on CSAH 42, from CSAH 23 (Cedar Avenue)to Flagstaff Avenue. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2023-192 approving specifications for Project 2024-126, Mowing and Trimming Services 2024-2026; and authorizing advertising for receipt of bids, at 10:00 a.m., on January 16, 2024, via a posting on the City's website and Quest Construction Data Network. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2023-193 approving Project 2021-148, Long and Farquar Pond Feasibility Analysis, and directing the City Engineer to prepare plans and specifications for Project 2023- 133, EVR-P11 Pond Enhancements. Ayes - 5 -Nays - O. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2023-194 approving Project 2023-135, Whitney Pond Feasibility Study, and directing the City Engineer to prepare plans and specifications for Project 2024-111, Whitney Pond Storm Sewer Improvements. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 28, 2023 Page 4 MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2023-195 approving the Joint Powers Agreement on behalf of the City of Apple Valley's Police Department regarding participation in the South Metro SWAT Team, and authorizing execution of the necessary documents. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving the Professional Services Agreement with Midwest Sewer Services for Subsurface Sewage Treatment Systems (SSTS) inspection services, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving the Professional Services Agreement with Hoisington Koegler Group, Inc., for Park Amenity Replacement Planning associated with 2023 Parks Bond Referendum, in the amount of $54,800.00, plus reimbursable expenses estimated at $1,000.00. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving the Professional Services Agreement with Julee Quarve-Peterson, Inc., d/b/a JQP, Inc., for Accessibility Planning associated with 2023 Parks Bond Referendum, in an amount not to exceed$185.00 per hour, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving the Display Contract Agreement for fireworks display services on February 3, 2024, and July 4, 2024, with RES Specialty Pyrotechnics, Inc., d/b/a RESPYRO, in the amount of$38,000.00, subject to receiving an acceptable certificate of insurance and permit approval by the Fire Department, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, accepting Project 2021-138, Eagan and Apple Valley Sewer Monitoring - Electrical, as complete and authorizing final payment on the agreement with Killmer Electric, Co., Inc., in the amount of $49,900.00. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, accepting Project 2021-138, Eagan and Apple Valley Sewer Monitoring - Flow Meters, as complete and authorizing final payment on the agreement with Tech Sales, Co., in the amount of$6,845.41. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving the 2024-2025 Labor Agreement with Law Enforcement Labor Services, Inc., (LELS), Local No. 71, Police Officers, as attached to the Human Resources Manager's memo, and authorizing execution of the necessary documents. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 28, 2023 Page 5 MOTION: of Melander, seconded by Goodwin, approving the 2024-2025 Labor Agreement with Law Enforcement Labor Services, Inc., (LELS), Local No. 243, Police Sergeants, as attached to the Human Resources Manager's memo, and authorizing execution of the necessary documents. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2023-196 approving changes to the 2024 Pay and Benefit Plan. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving an amendment to Personnel Policy Manual to add Earned Sick and Safe Time (ESST) Policy in compliance with statute, and directing staff to prepare updated documents incorporating the policy changes. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving the personnel actions as listed in the Personnel Report dated December 28, 2023. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, to pay the claims and bills, on the check register dated December 6, 2023, in the amount of$3,386,134.58; and December 13, 2023, in the amount of$969,991.71. Ayes - 5 -Nays - O. END OF CONSENT AGENDA INTRODUCTION OF NEW POLICE OFFICERS Police Chief Francis introduced newly hired Police Officers Faith Athmann and Troy Reller to the Council. The City Clerk administered the oaths of office to the Officers. Individuals selected by the Officers pinned their badges. The Council congratulated Officers Athmann and Reller and welcomed them to their new positions. PROCLAIM "APPLE VALLEY MID-WINTER FEST 2024" Nate Rosa, of the Mid-Winter Fest Committee, and Klondike were present. Mr. Rosa reviewed activities planned for the 2024 Mid-Winter Fest celebration. Most events are scheduled on February 3, 2024, at Johnny Cake Ridge Park-West. He also thanked the organizations who support and sponsor this event. Mayor Hooppaw then read the proclamation. MOTION: of Grendahl, seconded by Goodwin, proclaiming February 3, 2024, as "Apple Valley Mid-Winter Fest 2024", declaring it a community festival, and encouraging citizens to support and participate in the celebration. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 28, 2023 Page 6 COMMUNICATIONS Mr. Lawell announced Dakota Valley Recycling is offering holiday lights recycling through the end of January. Information about the program can be found on the City's website. CALENDAR OF UPCOMING EVENTS MOTION: of Bergman, seconded by Grendahl, approving the calendar of upcoming events as included in the Deputy City Clerk's memo, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, to adjourn. Ayes - 5 -Nays - 0. The meeting was adjourned at 7:17 o'clock p.m. Respectfully Submitted, /s/Pamela J. Gackstetter Pamela J. Gackstetter, City Clerk Approved by the Apple Valley City Council on Clint Hooppaw, Mayor • ITEM: 4.B. ••••• • ••• COUNCIL MEETING DATE: January 11, 2024 Apple Valley SECTION: Consent Agenda Description: Approve 2024 Renewal and Issuance of Precious Metal Dealer License to Jay F. Jeweler, Inc., located at 7373 147th Street W., Suite 191 Staff Contact: Department/ Division: Pamela J. Gackstetter, City Clerk City Clerk's Office ACTION REQUESTED: Approve 2024 renewal and issuance of Precious Metal Dealer License to Jay F. Jeweler, Inc., located at 7373 147th Street W., Suite 191. SUMMARY: An application for 2024 renewal of a Precious Metal Dealer License has been received from Jay F. Jeweler, Inc., located at 7373 147th Street W., Suite 191. Licenses are issued on an annual basis, to terminate December 31, 2023. When renewal applications are submitted before their expiration, the businesses are authorized to continue to operate until they are either renewed or denied. The application is in order and may be approved by the Council at this time. BACKGROUND: Chapter 117 of the Apple Valley City Code of Ordinances regulates precious metal dealer licenses. BUDGET IMPACT: N/A • ITEM: 4.C. ••••• • ••• COUNCIL MEETING DATE: January 11, 2024 Apple Valley SECTION: Consent Agenda Description: Approve Issuance of Temporary Event License in Connection with Community Festival to LSP Ventures, Inc., d/b/a Rascals Apple Valley Bar& Grill on February 3, 2024 Staff Contact: Department/ Division: Pamela J. Gackstetter, City Clerk City Clerk's Office ACTION REQUESTED: Approve the issuance of a Temporary Event License in connection with a community festival to LSP Ventures, Inc., d/b/a Rascals Apple Valley Bar & Grill for use on February 3, 2024, at the Apple Valley Activity Center and outdoors at Johnny Cake Ridge Park - West, 14255 Johnny Cake Ridge Road. SUMMARY: LSP Ventures, Inc., d/b/a Rascals Apple Valley Bar & Grill, has filed an application for a Temporary Event License for on-sale beer and wine in connection with a community festival for use at the Apple Valley Activity Center and outdoors at Johnny Cake Ridge Park - West, 14255 Johnny Cake Ridge Road. The event will be held on February 3, 2024, from 3:00 p.m. to 7:30 p.m. and is being planned in conjunction with Mid-Winter Fest. A map showing the area where liquor will be served is attached for your review. A certificate of insurance showing there is liquor liability insurance coverage for this event has been provided. BACKGROUND: Minn. Stat. 340A.404, subd. 4, allows the governing body of a municipality to authorize a holder of a retail on-sale intoxicating liquor license issued by the municipality to dispense intoxicating liquor off premises at a community festival held within the municipality. The above request appears to meet the requirements of the law and can be approved by Council. BUDGET IMPACT: N/A ATTACHMENTS: Map MID-WINTER FEST FEB 3, 2024 SITE LAYOUT . 4, .vil' . I P A t y II I I b .."•1 ', , -„ i. i I 1 c ' . Horse&Wagon Route V L ' l la , Disc Golf n 11 , P _ a l i r •, r Kites k 1 I ' • Sled n Horse& _ ." II Wagon -- _ g _ ' _ I • Boarding ,44 II III I II !' U Warming ...rjill •�I 1 * al 1w i so Bus S --. / . ' 1 4 Beer/Wine Mites Hockey 1 ' AIi . . a1 Hot Choc. Tournament Wier .1.2"/ ' Food Handicap f. r` h AVPD / }/ ill ( Cart Public Event Train ' FIREWORKS RESTRCITED AREA Rides 41 Parking ' \�JVJL ', ...,. l:i i I Fireworks4 f; - , , . , • _ ti Shoot • Area �.. j fir) . .. 1 ti I J.edn/ ijGooglel it_ - II ..r.:.a «#ally . a.0 • ITEM: 4.D. ••••• • ••• COUNCIL MEETING DATE: January 11, 2024 Apple Valley SECTION: Consent Agenda Description: Adopt Resolution of Support for American Public Works Association Minnesota Chapter(APWA- MN) Diversity and Inclusion Grant Application Staff Contact: Department/ Division: Brandon Anderson, City Engineer Engineering Division ACTION REQUESTED: Adopt resolution of support for American Public Works Association Minnesota Chapter (APWA-MN) Diversity and Inclusion grant application. SUMMARY: Apple Valley High School (AVHS) has requested to partner with the City of Apple Valley to further the School's STEM initiatives and pursue the APWA-MN Diversity and Inclusion Grant, which could provide paid opportunities for high school students to work with City Staff on various Engineering and Public Works projects. APWA-MN provides opportunities to advance students and young professionals in the fields of public works and engineering. The Diversity and Inclusion Grant is available for municipalities and school districts who: • Directly or indirectly support students or job seekers interested in advancing their career in Civil Engineering, Public Works, or closely related fields • Have the ability to introduce new individuals to the field of public works and its opportunities • C an effectively foster a diverse workforce within the field of public works through education, training and awareness initiatives oriented toward underrepresented populations BACKGROUND: N/A BUDGET IMPACT: The maximum funding from the grant is $6,000. The funds, if awarded, will be administered by the City of Apple Valley. ATTACHMENTS: Resolution CITY OF APPLE VALLEY RESOLUTION NO. 2024- A RESOLUTION OF SUPPORT FOR A FUNDING APPLICATION TO AMERICAN PUBLIC WORKS ASSOCIATION MINNESOTA CHAPTER(APWA-MN) DIVERSITY AND INCLUSION GRANT APPLICATION WHEREAS, the City and Apple Valley High School are interested in advancing Diversity in the fields of Public Works and Civil Engineering; WHEREAS, the APWA-MN Diversity and Inclusion Grant is available for municipalities and school districts who: • Directly or indirectly support students or job seekers interested in advancing their career in Civil Engineering, Public Works, or closely related fields • Have the ability to introduce new individuals to the field of public works and its opportunities • Can effectively foster a diverse workforce within the field of public works through education, training and awareness initiatives oriented toward underrepresented populations NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Minnesota, that: 1. Support for a funding application in the amount of $6,000 to the American Public Works Association Minnesota Chapter for a Diversity and Inclusion Grant is approved. ADOPTED this 1 1th day of January, 2024. Clint Hooppaw, Mayor ATTEST: Pamela J. Gackstetter, City Clerk • ITEM: 4.E. ••••• • ••• COUNCIL MEETING DATE: January 11, 2024 Apple Valley SECTION: Consent Agenda Description: Adopt Resolution Designating Dakota County Tribune as Official Newspaper for 2024 Staff Contact: Department/ Division: Pamela J. Gackstetter, City Clerk City Clerk's Office ACTION REQUESTED: Adopt the resolution designating the Dakota County Tribune as the official newspaper of the City of Apple Valley for the year 2024. SUMMARY: T he Dakota County Tribune meets the requirements for a qualified newspaper under Minnesota Statutes § 331A.02. Staff is recommending the City Council designate the Dakota County Tribune as the City's official newspaper for 2024. Ordinances, financial reports, and other information as required by law, as well as matters the Council deems advisable, shall be published in the City's designated official newspaper. BACKGROUND: Minnesota Statutes § 412.831 requires that the City Council, at its first meeting of each year, designate a legal newspaper of general circulation in the City as its official newspaper. BUDGET IMPACT: Printing/publishing costs for legal notices are included in the 2024 budget. ATTACHMENTS: Resolution CITY OF APPLE VALLEY RESOLUTION NO. 2024- A RESOLUTION DESIGNATING THE 2024 OFFICIAL CITY OF APPLE VALLEY NEWSPAPER WHEREAS,Dakota County Tribune newspaper was designated as the official City newspaper in 2023; and WHEREAS, ECM Publishers, Inc., has submitted a proposal for having the Dakota County Tribune designated as the 2024 City of Apple Valley official newspaper; and WHEREAS,Dakota County Tribune qualifies as an official newspaper of the City, pursuant to State law; provides publication of legal notices in a newspaper widely distributed in the City; and the publisher has satisfactorily fulfilled its duties as the official newspaper of the City in the past. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that Dakota County Tribune be and hereby is designated as the official newspaper of the City of Apple Valley for the year 2024. ADOPTED this 11th day of January, 2024. Clint Hooppaw, Mayor ATTEST: Pamela J. Gackstetter, City Clerk • ITEM: 4.F. ••••• • ••• COUNCIL MEETING DATE: January 11, 2024 Apple Valley SECTION: Consent Agenda Description: Adopt Resolution Designating the City's Website as Official Website for Disseminating Solicitations of Transportation Project Bids in 2024 Staff Contact: Department/ Division: Pamela J. Gackstetter, City Clerk City Clerk's Office ACTION REQUESTED: Adopt the resolution designating the City's website as the official website for the dissemination of solicitations of transportation project bids in 2024. SUMMARY: State law allows cities to use their own website in lieu of the official newspaper as an alternative means of disseminating solicitations of transportation project bids. Cities opting to use such a method must annually publish a notice in the City's official newspaper and on the City's website. Attached for your consideration is a resolution designating the City's website as the official website for solicitations of transportation project bids for 2024, and directing the City Clerk to publish the required notice in the City's official newspaper and to post it on the City's website. BACKGROUND: Minnesota Statutes § 331A.12, Subd. 2, states in part "At the meeting of the governing body of a political subdivision at which the governing body designates its official newspaper for the year, the governing body may designate in the same manner publication of transportation projects on the political subdivision's website." It further states "Each year after designating publication on the website for transportation projects, the political subdivision must publish, in a qualified newspaper in the jurisdiction and on the website, notice that the political subdivision will publish any advertisements for bids on its website." BUDGET IMPACT: N/A ATTACHMENTS: Resolution Exhibit CITY OF APPLE VALLEY RESOLUTION NO. 2024 RESOLUTION DESIGNATING THE CITY'S WEBSITE AS THE OFFICIAL WEBSITE FOR SOLICITATIONS OF TRANSPORTATION PROJECT BIDS IN 2024 WHEREAS, Minnesota State Statutes, Section 331A.123 allows cities to use their own website as an alternative means of dissemination of solicitations of transportation project bids; and WHEREAS, it is the desire of the City Council to use the City's website for a means of dissemination of solicitations of transportation project bids in 2024. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Apple Valley, Dakota County, Minnesota, hereby adopts the alternative method of using the City's website in lieu of the official newspaper for transportation project bids in 2024 consistent with state law. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to publish in the City's official newspaper and post on the City's website the public notice attached hereto as Exhibit A. ADOPTED this 1 lth day of January, 2024. Clint Hooppaw, Mayor ATTEST: Pamela J. Gackstetter, City Clerk Exhibit A PUBLIC NOTICE DESIGNATING USE OF CITY'S WEBSITE FOR SOLICITING TRANSPORTATION PROJECT BIDS CITY OF APPLE VALLEY NOTICE IS HEREBY GIVEN, that pursuant to Minnesota Statutes, Section 331A.12 which allows cities to use their own website as an alternative means of dissemination of solicitations of transportation project bids, the City Council of the City of Apple Valley, Dakota County, Minnesota, passed a resolution on January 11, 2024, designating the City's website as the official website for the advertisement of transportation project bids in 2024. DATED this 11th day of January, 2024. Pamela J. Gackstetter Apple Valley City Clerk • ITEM: 4.G. ••••• • ••• COUNCIL MEETING DATE: January 11, 2024 Apple Valley SECTION: Consent Agenda Description: Adopt Resolution Designating U.S. Bank NA as Official Depository for City Funds in 2024 Staff Contact: Department/ Division: Ronald Hedberg, Finance Director Finance Department ACTION REQUESTED: Adopt the resolution designating U.S. Bank NA as official depository for City funds in 2024. SUMMARY: Each year the City Council is to designate an official depository for the coming year. The attached resolution designates U.S Bank NA as the City's official depository for the coming year. The City completed a Request for Proposal (RFP) process in 2018 and U.S. Bank NA was selected. The U.S. Bank account includes using the 4M fund as a sweep account arrangement where each day the balance in the US Bank account above what is needed to cover the days transactions are swept to the 4M fund which is a higher interest earning account. Amounts held in the 4M fund are not required to be collateralized because they are held by a third party in the City of Apple Valley's name. BACKGROUND: N/A BUDGET IMPACT: No direct budget impact, the bank fees are offset by the interest earnings within the investment pool fund which in turn is reallocated to individual operating funds along with any other investment earnings. ATTACHMENTS: Resolution CITY OF APPLE VALLEY RESOLUTION NO. 2024- A RESOLUTION DESIGNATING U.S. BANK NA AS OFFICIAL DEPOSITORY FOR CITY FUNDS IN 2024 WHEREAS,U.S. Bank,NA has been selected to be the City of Apple Valley's official depository along with a sweep account arrangement utilizing the 4M fund; and WHEREAS,by using the 4M Fund as sweep account collateral will not be required as this account is held by a third party in the City of Apple Valley's name. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota,that U.S. Bank NA be designated the City's official depository for 2024 for the depository and controlled disbursement accounts,with balances not to exceed the limits of FDIC coverage or pledged collateral for those amounts requiring collateral; BE IT FURTHER RESOLVED that the following conditions shall be followed: 1. In the event that collateral is required from U.S. Bank NA it will be provided in the form of an irrevocable letter of credit issued by the Federal Home Loan Bank. 2. U.S. Bank,NA may furnish both collateral and a bond; deliver additional collateral from time to time; withdraw excess collateral; and substitute other collateral from that previously furnished. 3. The City Treasurer is hereby authorized to invest and transfer City funds in said institution; checks for these activities shall be included on the check approval list submitted to the Council at its next regular meeting. 4. That the permitted municipal deposit may be increased from time to time, subject to collateral and F.D.I.C. Insurance exceeding the amount deposited by at least ten percent(10%). ADOPTED this 11th day of January, 2024. Clint Hooppaw,Mayor ATTEST: Pamela Gackstetter, City Clerk • ITEM: 4.H. ••••• • ••• COUNCIL MEETING DATE: January 11, 2024 Apple Valley SECTION: Consent Agenda Description: Adopt Resolution Designating Additional Depositories and Financial Security Dealers for City Funds in 2024 Staff Contact: Department/ Division: Ronald Hedberg, Finance Director Finance Department ACTION REQUESTED: Adopt the resolution designating additional depositories and financial security dealers for City funds in 2024. SUMMARY: Each year the City Council is asked to designate additional official depositories beyond the designation of the depository for the main account, along with financial security dealers for the coming year. The attached resolution includes a list of the firms recommended to be designated as additional depositories and financial security dealers. Prior to conducting business with each of the firms it is required that the City obtain a Broker Certification in a form determined by the State Auditor which acknowledges the broker's receipt of the City's investment policy and includes a provision that all future investments are to be made in accordance with Minnesota Statutes. If the investments are considered bank deposits (Certificates of Deposit, Savings and or Checking accounts) collateral shall be pledged by the institution for any amounts exceeding FDIC insurance Coverage. BACKGROUND: N/A BUDGET IMPACT: N/A ATTACHMENTS: Resolution CITY OF APPLE VALLEY RESOLUTION NO. 2024- A RESOLUTION DESIGNATING ADDITIONAL DEPOSITORIES AND FINANCIAL SECURITY DEALERS FOR CITY FUNDS IN 2024 WHEREAS,the City Council,by Resolution No. 2023-03 adopted on the 12th day of January, 2023, designated certain banking, savings and financial institutions as additional official depositories of City funds; and WHEREAS,the City Treasurer has requested the designation of depositories and finance security dealers for City funds in 2024. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley: 1. The following are hereby designated as additional depositories or financial security dealers: A. Wells Fargo Securities, LLC B. Wells Fargo Bank,NA C. 4 M Fund D. Northland Securities,Inc. E. RBC Capital Markets Corporation F. Robert W. Baird&Co. Inc. G. Moreton Capital Markets,LLC H. U.S. Bancorp Investments, Inc. I. Old National Bank J. Merchants Bank,NA K. Frandsen Bank&Trust L. MidCountry Bank 2. The permitted municipal deposit may be increased from time to time, subject to collateral and F.D.I.C. Insurance for time deposits exceeding the amount deposited by at least ten percent(10%). 3. For time deposits,the institutions may furnish both collateral and a bond; deliver additional collateral from time to time;withdraw excess collateral; and substitute other collateral from that previously furnished. 4. Each year each investment broker must acknowledge receiving a statement of investment restrictions which shall include a provision that investments are to be made in accordance with Minnesota Statutes governing the investment of public funds. Such statement shall be in a form provided by the State Auditor. 5. The City Treasurer or Asst. Treasurer,together with the Mayor or Acting Mayor, are hereby authorized to invest City funds in said institutions and in such other government securities as permitted by law. ADOPTED this 1 lth day of January, 2024. Clint Hooppaw,Mayor ATTEST: Pamela J. Gackstetter, City Clerk 2 • ITEM: 4.1. • •• ••• ••• COUNCIL MEETING DATE: January 11, 2024 Apple Valley SECTION: Consent Agenda Description: Adopt Resolution Designating U.S. Bank Institutional Trust as Safekeeping Custodian Staff Contact: Department/ Division: Ron Hedberg, Finance Director Finance Department ACTION REQUESTED: Adopt the resolution designating U.S. Bank Institutional Trust as Safekeeping Custodian. SUMMARY: In November 2018, the City Council appointed U.S. Bank Institutional Trust as Safekeeping Custodian for the City's investments in response to a RFP process. U.S. Bank Institutional Trust had the lowest cost proposal at $7,500 per year, which is their minimum fee for the year. BACKGROUND: The safety of public funds is a primary objective of all governments. One of the protections and a control against fraud is the separation of the safekeeping and custody function from the investment function. By having securities held by a third party we can minimize custodial risk in an investment transaction by having the selected firm provide for the transfer and safekeeping of the securities. The custody safekeeping arrangement has U.S. Bank Institutional Trust as the custodian holding the investments in the City of Apple Valley's name and they do not participate in the investment activity or provide investment advice, which maintains the third party safekeeping independence and helping minimize risk. The safekeeping custody firm will: • hold and safeguard the investments • collect interest and dividends • settle trades and maturities as directed • provide monthly reporting with independent 3rd party valuations Any cash balances in this account would be placed in a short term money market fund consisting of government securities. By utilizing a safekeeping custodian in the city's name, the footnote disclosure rating assigned under Government Accounting Standards Board (GASB) Statement No. 40 in our annual financial statements will be reported in the top category defined as securities held by the government's agent in the government's name. BUDGET IMPACT: No direct budget impact, the custody fees of $625 per month are offset by the interest earnings within the investment pool fund which in turn is reallocated to individual operating funds along with any other investment earnings. ATTACHMENTS: Resolution CITY OF APPLE VALLEY RESOLUTION NO. 2024 A RESOLUTION DESIGNATING U.S. BANK INSTITUTIONAL TRUST AS SAFEKEEPING CUSTODIAN WHEREAS,the safety of public funds is one of the primary objectives of all governments; and WHEREAS, one of the protections and a control against fraud is the separation of the safekeeping and custody function from the investment function; and WHEREAS,by having securities held by a third party the City of Apple Valley can minimize safekeeping and custodial risk in an investment transaction; and WHEREAS,the City of Apple Valley desires to engage a financial institution to serve as custodian for the City's investments in accordance with the City's investment Policy, and WHEREAS, it is determined U.S. Bank Institutional Trust meets the City of Apple Valley's needs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota,that U.S. Bank Institutional Trust be designated the City of Apple Valley's safekeeping custodian. ADOPTED this 11th day of January, 2024. Clint Hooppaw,Mayor ATTEST: Pamela Gackstetter, City Clerk • ITEM: 4.J. ••••• • ••• COUNCIL MEETING DATE: January 11, 2024 Apple Valley SECTION: Consent Agenda Description: Adopt Resolution Authorizing Electronic Funds Transfers Staff Contact: Department/ Division: Ronald Hedberg, Finance Director Finance Department ACTION REQUESTED: Adopt the resolution authorizing electronic funds transfers. SUMMARY: Minnesota Statute 471.38 Subd. 3 authorizes the city to execute certain electronic funds transfers, and requires that the governing body annually delegate the authority to make electronic funds transfers to a designated chief financial officer or designee. BACKGROUND: Minnesota Statute 471.38 Subd. 3 defines electronic funds transfer as the process of value exchange via mechanical means without the use of checks, drafts, or similar negotiable instruments. A local government may make an electronic funds transfer for the following: • for a claim for a payment from an imprest payroll bank account or investment of excess money; • for a payment of tax or aid anticipation certificates; • for a payment of contributions to pension or retirement fund; • for vendor payments; and • for payment of bond principal, bond interest and a fiscal agent service charge from the debt redemption fund. The authorization in subdivision 3 extends only to a local government that has enacted all of the following policy controls: • the governing body shall annually delegate the authority to make electronic funds transfers to a designated business administrator or chief financial officer or the officer's designee; • the disbursing bank shall keep on file a certified copy of the delegation of authority; • the initiator of the electronic transfer shall be identified; • the initiator shall document the request and obtain an approval from the designated business administrator, or chief financial officer or the officer's designee, before initiating the transfer as required by internal control policies; • a written confirmation of the transaction shall be made no later than one business day after the transaction and shall be used in lieu of a check, order check or warrant required to support the transaction; • a list of all transactions made by electronic funds transfer shall be submitted to the governing body at its next regular meeting after the transaction. BUDGET IMPACT: N/A ATTACHMENTS: Resolution CITY OF APPLE VALLEY RESOLUTION NO. 2024 A RESOLUTION AUTHORIZING ELECTRONIC FUNDS TRANSFER TRANSACTIONS WHEREAS,Minnesota Statute 471.38 Subd. 3 authorizes the city to execute certain electronic funds transfers; and WHEREAS,Minnesota State Statute §471.38 subd. 3 defines electronic funds transfer as the process of value exchange via mechanical means without the use of checks, drafts, or similar negotiable instruments; and WHEREAS,Minnesota State Statute §471.38 subd. 3 requires that the governing body annually delegate the authority to make electronic funds transfers to a designated chief financial officer or designee; and WHEREAS,Minnesota State Statute §471.381 states that payment of claims,obligations and investment transactions of a statutory city may be made by warrant, check or all forms of electronic or wire funds transfer and that a statutory city may accept payment by use of credit card, debit card, or all forms of electronic or wire funds transfer; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County,Minnesota,that the City Administrator,Finance Director, and Assistant Finance Director are authorized to accept and make payment by electronic funds transfer and that these transactions will be presented to the City Council at its next regular meeting. ADOPTED this 11th day of January, 2024. Clint Hooppaw,Mayor ATTEST: Pamela Gackstetter, City Clerk • ITEM: 4.K. ••••• • ••• COUNCIL MEETING DATE: January 11, 2024 Apple Valley SECTION: Consent Agenda Description: Adopt Resolution Authorizing City Clerk to Appoint Deputy City Clerks for 2024 Election Administration Staff Contact: Department/ Division: Pamela J. Gackstetter, City Clerk City Clerk's Office ACTION REQUESTED: Adopt the resolution authorizing the City Clerk to appoint Deputy City Clerks for 2024 election administration. SUMMARY: In accordance with state law, an eligible voter may vote by absentee ballot in the office of the County Auditor and at any other polling place designated by the County Auditor. Apple Valley is designated as an absentee voting location. Residents voting by absentee ballot at the Municipal Center must have their absentee ballot return envelope witnessed by a person who is registered to vote in Minnesota or by a notary public or other individual authorized to administer oaths. The Secretary of State's Office recommends City staff who are responsible to assist voters by witnessing ballot return envelopes be appointed as Deputy City Clerks for the administration of elections so they may complete the witness statement as an election official. The attached resolution would authorize the City Clerk to appoint those who assist with the absentee voting processes as Deputy City Clerks for 2024 election administration. BACKGROUND: N/A BUDGET IMPACT: N/A ATTACHMENTS: Resolution CITY OF APPLE VALLEY RESOLUTION NO. 2024- A RESOLUTION AUTHORIZING CITY CLERK TO APPOINT DEPUTY CITY CLERKS FOR 2024 ELECTION ADMINISTRATION WHEREAS, Minnesota Statutes Section 412.151 provides as follows: "With the consent of the council, the clerk may appoint a deputy for whose acts the clerk shall be responsible and whom the clerk may remove at pleasure"; and WHEREAS, the City Clerk deems it necessary to appoint one or more Deputy City Clerks, in 2024, to assist with the City Clerk's duties, including,without limitation, administration of absentee voting for the City of Apple Valley. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the City Clerk is authorized to appoint Deputy City Clerks to discharge any of the duties of the City Clerk as specified in such appointment, and to remove such appointment at the pleasure of the City Clerk. ADOPTED this 11th day of January, 2024. Clint Hooppaw, Mayor ATTEST: Pamela J. Gackstetter, City Clerk • ITEM: 4.L. ••••• • ••• COUNCIL MEETING DATE: January 11, 2024 Apple Valley SECTION: Consent Agenda Description: Appoint Statutory Members to Apple Valley Firefighters Relief Association (AVFRA) Board of Trustees for 2024 Staff Contact: Department/ Division: Pamela J. Gackstetter, City Clerk City Clerk's Office ACTION REQUESTED: Appoint Clint Hooppaw and Pamela Gackstetter as statutory members to the Apple Valley Firefighters Relief Association (AVFRA) Board of Trustees for the year 2024. SUMMARY: State law requires the City Council appoint two trustees to serve on the Board of the Apple Valley Firefighters Relief Association. In the past, the Mayor and the City Clerk have been appointed the statutory members. Clint Hooppaw and Pamela Gackstetter have indicated an interest in serving on the Board in 2024. The City Council is requested to appoint the AFVRA statutory members to the Board of Trustees for 2024. BACKGROUND: Article III, Board of Trustees, Sec. 2, of the Apple Valley Firefighters Relief Association Bylaws requires the City Council annually designate one elected municipal official and one elected or appointed municipal official to the Firefighters Relief Association Board of Trustees. BUDGET IMPACT: N/A • ITEM: 4.M. ••••• • ••• COUNCIL MEETING DATE: January 11, 2024 Apple Valley SECTION: Consent Agenda Description: Adopt Resolution Approving Amendments to Apple Valley Firefighters Relief Association Bylaws Staff Contact: Department/ Division: Matt Nelson, Fire Chief Fire Department ACTION REQUESTED: Adopt the resolution approving an amendment to the Apple Valley Firefighters Relief Association Bylaws. SUMMARY: The membership of the Apple Valley Firefighters Relief Association (AVFRA) voted to amend their bylaws at a special meeting held December 30, 2023. The bylaw amendment removes the base service pension language and revises Addendum A of the bylaws to include a benefit increase. This provides a $2,000 per year of service increase as well as increases the vesting percentage for the lump sum pension. With the approval by the AVFRA membership, Minnesota State Statutes 424A.02 requires the City Council to ratify any AVFRA bylaw amendments. BACKGROUND: The AVFRA is a legal entity that receives and manages monies to provide retirement and other benefits to its members (paid-on-call firefighters) and beneficiaries (retired paid-on-call firefighters). The AVFRA has two major sources of revenue: Minnesota State Fire Aid dollars and property taxes the City of Apple Valley levies each year. The membership of the Apple Valley Firefighters Relief Association voted to amend their bylaws at a special meeting on December 30, 2023. The bylaw amendment revises Addendum A of the bylaws to include a benefit increase. The lump sum pension increases by $2,000, from $11,000 to $13,000 per year of service, and the vesting percentage of 100% changes from 20 years down to 10 years of service. According to the actuarial report completed this year, the funding ratio changes from 135% to approximately 122%. With the approval by the AVFRA membership, Minnesota State Statutes 424A.02 requires the City Council to ratify any AVFRA bylaw amendments. BUDGET IMPACT: The benefit increase is covered by the amount allotted in the approved City budget. ATTACHMENTS: Exhibit Resolution Exhibit Exhibit Exhibit AMENDMENT#1 Remove the base language from service pensions and update Addendum A, and to provide lump sum increase of$2,000 per year of service, and increase vesting percentage for lump sum pensions. ARTICLE VI BENEFITS Section 1 SERVICE PENSIONS. (a) (No Change) (b) Service Pension. Because of varying circumstances in each member's retirement planning, optional benefit payment methods are offered. Selection should occur after consultation with a tax consultant, financial planner, or an attorney. Each member meeting the requirements of Article 6, Section 1(a) and hired before January 1, 2019, shall be entitled to choose either a monthly service pension as set forth in Section 1 (i), joint and 100%, or 50%, monthly service pension as set forth in 6.1(j), or lump sum service pension as set forth in Section 1(m). Members hired after January 1, 2019, shall be entitled to only the lump sum service pension set forth in Section 1(m). Twenty(20) years of service shall be the base service pension. At the time of application for retirement, a qualified member shall be entitled to payments from the Special Fund according to the following tables attached as Addendum A: Table M1 21 M1-22 Table LS1 21 LS1-22 Tablc M1 22 Table LS1 22 LS1-24 (Amended B.Res. 1990-42;C.Res. 1990-158;D.Res. 1992-174;E.Res. 1994-55;G.Res. 1994-355; H.Res. 1996-36;J.Res. 1997-253;K.Res. 1999-239;L.Res.2001-191;M.Res.2002-219; N.Res.2003-179;O.Res.2005-187;U.Res.2012-12;X.Res.2014-206;Z.Res 2018-213; AA.Res 2020-171;CC.Res 2021-215) Table M1-22 MONTHLY SERVICE PENSION EFFECTIVE JANUARY 1, 2022 $47.00 BENEFIT LEVEL Formula (Years X Level X Percentage) Years of $ Level Percentage Amount Service Per Month 5 $47.00 40% $94.00 6 $47.00 44% $124.08 7 $47.00 48% $157.92 8 $47.00 52% $195.52 9 $47.00 56% $236.88 10 $47.00 60% $282.00 11 $47.00 64% $330.88 12 $47.00 68% $383.52 13 $47.00 72% $439.92 14 $47.00 76% $500.08 15 $47.00 80% $564.00 16 $47.00 84% $631.68 17 $47.00 88% $703.12 18 $47.00 92% $778.32 19 $47.00 96% $857.28 20 $47.00 100% $940.00 BASE 21 BASE + $47.00 $47.00 100% $987.00 22 BASE + $47.00 $9¢00 100% $1,034.00 23 BASE + $47.00 $441.00 100% $1,081.00 24 BASE + $47.00 $188-.00 100% $1,128.00 25 BASE + $47.00 $23-5,00 100% $1,175.00 26 BASE + $47.00 $282.00 100% $1,222.00 27 BASE + $47.00 $329-.00 100% $1,269.00 28 BASE + $47.00 $37 -00 100% $1,316.00 29 BASE + $47.00 $423.00 100% $1,363.00 30 BASE + $47.00 $470-.00 100% $1,410.00 No maximum years of service Table LS1-22 LUMP SUM SERVICE PENSION EFFECTIVE JANUARY 1, 2022 $11,000 BENEFIT LEVEL Formula (Years X Level X Percentage) Years of $ Level Percentage Amount Service 5 $11,000 40% $22,000 6 $11,000 44% $29,040 7 $11,000 48% $36,960 8 $11,000 52% $45,760 9 $11,000 56% $55,440 10 $11,000 60% $66,000 11 $11,000 64% $77,440 12 $11,000 68% $89,760 13 $11,000 72% $102,960 14 $11,000 76% $117,040 15 $11,000 80% $132,000 16 $11,000 84% $147,840 17 $11,000 88% $164,560 18 $11,000 92% $182,160 19 $11,000 96% $200,640 20 $11,000 100% $220,000 BASE 21 BASE + $11,000 $4 000 100% $231,000 22 BASE + $11,000 $22,000 100% $242,000 23 BASE + $11,000 $33,000 100% $253,000 24 BASE + $11,000 $44,000 100% $264,000 25 BASE + $11,000 $55,000 100% $275,000 26 BASE + $11,000 $66,000 100% $286,000 27 BASE + $11,000 $7-7,000 100% $297,000 28 BASE + $11,000 $88,000 100% $308,000 29 BASE + $11,000 $9-9,000 100% $319,000 30 BASE + $11,000 $110,000 100% $330,000 No maximum years of service Table LS1-24 LUMP SUM SERVICE PENSION EFFECTIVE JANUARY 1, 2024 $13,000 BENEFIT LEVEL Formula (Years X Level) Years of $ Level Amount Service 10 $13,000 $130,000 11 $13,000 $143.000 12 $13,000 $156,000 13 $13,000 $169,000 14 $13,000 $182,000 15 $13,000 $195,000 16 $13,000 $208,000 17 $13,000 $221,000 18 $13,000 $234,000 19 $13,000 $247,000 20 $13,000 $260,000 21 $13,000 $273,000 22 $13,000 $286,000 23 $13,000 $299,000 24 $13,000 $312,000 25 $13,000 $325,000 26 $13,000 $338,000 27 $13,000 $351,000 28 $13,000 $364,000 29 $13,000 $377,000 30 $13,000 $390,000 No maximum years of service CITY OF APPLE VALLEY RESOLUTION NO. 2024- A RESOLUTION APPROVING AN AMENDMENT TO BYLAWS OF THE APPLE VALLEY FIREFIGHTERS RELIEF ASSOCIATION WHEREAS, new Bylaws of the Apple Valley Firefighters' Relief Association were adopted and approved on March 23, 1989, and amended by City Council approval on February 22, 1990; August 9, 1990; June 25, 1992; February 24, 1994; July 28, 1994; December 8, 1994; February 22, 1996; April 24, 1997;November 25, 1997; October 28, 1999; October 25, 2001; November 26, 2002; October 23, 2003; October 27, 2005; March 22, 2007; October 25, 2007; February 26, 2009; February 25, 2010; February 24, 2011; January 12, 2012; March 22, 2012; February 28, 2013; December 23, 2014; September 13, 2018; December 27, 2018; December 22, 2020; February 11, 2021; and December 21, 2021; and April 13, 2023; and WHEREAS, the Board of Trustees recommended and the membership of the Apple Valley Firefighters Relief Association approved amendments to the Bylaws at a special meeting on December 30, 2023, a copy of which are attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the amendments to the Bylaws of the Apple Valley Firefighters Relief Association, attached hereto as Exhibit A, are hereby approved. BE IT FURTHER RESOLVED that a copy of the Bylaws is directed to be filed with the Minnesota State Auditor pursuant to Minnesota Statutes 424A.02, Subd. 10. ADOPTED this 11th day of January, 2024. Clint Hooppaw, Mayor ATTEST: Pamela J. Gackstetter, City Clerk BYLAWS APPLE VALLEY FIREFIGHTERS RELIEF ASSOCIATION BYLAWS OF THE APPLE VALLEY FIREFIGHTERS RELIEF ASSOCIATION TABLE OF CONTENTS Page ARTICLE I - NAME Section 1 Name 1 Section 2 Purpose 1 Section 3 Records 1 ARTICLE II - MEMBERSHIP Section 1 Membership 1 Section 2 Membership Start Date 1 Section 3 Classes of Members 1 (a) Active Members 1 (b) Deferred Members 2 (c) Retired Members 2 (d) Separated Members 2 Section 4 Exclusion 2 Section 5 Dues, Fees, or Assessments 2 Section 6 Suspension 2 Section 7 Leave of Absence 2 Section 8 Termination of Membership 3 ARTICLE III -BOARD OF TRUSTEES Section 1 The Powers of the Board of Trustees 3 Section 2 Members of the Board of Trustees 4 Section 3 Duties of the Board of Trustees 4 Section 4 Officers 5 Section 5 President 5 Section 6 Vice President 5 Section 7 Secretary 5 Section 8 Treasurer 6 Section 9 Trustees 6 Section 10 Aid Committee 6 Section 11 Removal 7 ARTICLE IV—MEETINGS OF THE MEMBERS AND THE BOARD Section 1 Annual Meeting 7 Section 2 Board Meetings 7 (a) Place 7 (b) Notice 7 (c) Act by Majority 7 (d) Quorum 7 Section 3 Special Meetings 7 Section 4 Notice 7 Section 5 Quorum 8 Apple Valley.23453.1.2024-_Exhibit 1_-_Table_of Contents December 30,2023 BYLAWS APPLE VALLEY FIREFIGHTERS RELIEF ASSOCIATION Section 6 Order of Business 8 Section 7 Voting 8 ARTICLE V-FUNDS Section 1 Funds Required 9 (a) General Fund 9 (b) Special Fund 9 Section 2 Deposits 9 Section 3 Disbursements 9 ARTICLE VI -BENEFITS Section 1 Service Pensions 9 (a) Eligibility Requirements 9 (b) Service Pension 10 (c) Notice of Intent to Take Distribution 11 (d) Application 11 (e) Acceptance of Application, Approval of Benefits. 11 (f) Deferred Service Pension 11 (g) Year of Service 12 (h) Surviving Spouse 12 (i) Monthly Service Pension 12 (j) Joint Monthly Service Pension 12 (k) Monthly Service Pension Survivor Benefit 13 (1) Surviving Children's Monthly Service Pension 13 (m) Lump Sum Service Pension 14 (n) Supplemental Benefit 14 Section 2 Ancillary Benefits 14 (a) Active Member Survivor or Death Benefit 14 (b) Deferred Member Survivor or Death Benefit 14 Section 3 Limits on Benefits 14 (a) Domestic Relations Order 14 (b) Garnishment, Judgment, or Legal Process 15 ARTICLE VII-AMENDMENTS Section 1 Amendments 15 ARTICLE VIII—MUNICIPAL RATIFICATION Section 1 Ratification 15 Apple Valley.23453.1.2024-_Exhibit 1_-_Table_of Contents December 30,2023 BYLAWS APPLE VALLEY FIREFIGHTERS RELIEF ASSOCIATION BYLAWS OF THE APPLE VALLEY FIREFIGHTERS RELIEF ASSOCIATION This instrument constitutes the Bylaws of the Apple Valley Firefighters Relief Association adopted for the purpose of regulating and managing the internal affairs of the corporation and shall serve as the written defined benefit pension plan for the relief association. (Amended H.Res. 1996-36) ARTICLE I NAME Section 1 NAME. The name of this relief association is the Apple Valley Firefighters Relief Association. It is a nonprofit organization incorporated under the laws of Minnesota. Section 2 PURPOSE. The Purpose of the Apple Valley Firefighters Relief Association(Association) is to provide retirement relief and other benefits to its members and dependents. The Apple Valley Firefighters Relief Association is a governmental entity that receives and manages public money to provide retirement benefits for individuals providing the governmental services of firefighting and emergency first response. All benefits issued by this Association are governed by these Bylaws and federal and state laws. (Amended H.Res. 1996-36;Q.Res.2007-185) Section 3 RECORDS. The Association shall keep, at minimum, correct and complete copies of its articles of incorporation and Bylaws, accounting records, records documenting Special Fund transactions, records necessary to determine benefits payable and paid to individual members and their beneficiaries,and minutes of each of its meetings that record the votes of actions taken. The Association's records shall be retained in accordance with the Records Retention Schedule filed with the Minnesota Historical Society. (Amended W.Res.2013-35) ARTICLE II MEMBERSHIP Section 1 MEMBERSHIP. Any regular or probationary active member of the Apple Valley Fire Department shall be eligible to apply for membership in this Association. Written application-may be made at any regular or special meeting of the Board of Trustees,and then laid over for one month for consideration. (Amended B.Res. 1990-42;T.Res.2011-26) Section 2 MEMBERSHIP START DATE. Membership begins on the date of hire by the Apple Valley Fire Department. Section 3 CLASSES OF MEMBERS. There shall be the following classes of members in the Association: (a) Active Members. Active members are the members who are serving on active duty as members of the Apple Valley Fire Department. (1) Active Service Time shall be time served on active duty as a member of the Apple Valley Fire Department other than while on suspension or on Leave of Absence. (2) Members are considered to be in good standing other than while on suspension or on Leave of Absence from the Association or the Apple Valley Fire Department. (3) Annually,the Board of Trustees shall receive from the chief of the Apple Valley Fire Department a written certification indicating service time earned for the prior year. (Amended R.Res.2009-26;T.Res.2011-26) *Refer to Policies of the Board Page 1 of 18 December 30,2023 BYLAWS APPLE VALLEY FIREFIGHTERS RELIEF ASSOCIATION (b) Deferred Members. Deferred members are those members who have separated from service and who have served at least 5 years of active service if commencing active service prior to 1/1/2010 as a firefighter in the Apple Valley Fire Department, or who commenced active service after 1/1/2010 must have served at least 10 years of active service as a firefighter in the Apple Valley Fire Department, and have been members in good standing of the Association at least 5 consecutive years prior to separation from service, other than time on suspension and approved Leaves of Absence from the Apple Valley Fire Department. (c) Retired Members. Retired members are those members who have received a service pension from the Association. (d) Separated Members. Separated members are those members who have separated from service as firefighters but have not met the minimum years of service to be vested in the plan. (Amended Q.Res.2007-185;T.Res.2011-26;W.Res.2013-35) Section 4 EXCLUSION. Minors,under eighteen years of age,that are members of a youth, civic, or educational organization or program who participate with uninterrupted adult supervision, as allowed by federal law and by Minn. Stat. § 181A.04, are permitted to perform duties with the Apple Valley Fire Department,but are not eligible for membership in this Association. (Amended B.Res. 1990-42;T.Res.2011-26) Section 5 DUES, FEES, OR ASSESSMENTS. Any dues, fees or assessments collected shall be deposited in the General Fund. Dues and assessments and their method of collection shall be as hereinafter set forth: (a) Dues, when paid, are for the annual period (January 1 through December 31) or fraction thereof. (b) Active members shall pay the sum of twelve (12) hours of fire pay per annum as dues effective January 1, 2008. (c) Annual dues will be collected as a payroll deduction through the City of Apple Valley,from each member's monthly payroll check. One twelfth (8.333%) of the annual dues will be withheld from each monthly check. (d) If the annual amount received from the payroll checks is not sufficient to cover the annual dues amount, the Secretary shall forthwith mail a notice of delinquency to the member. If the dues are not paid within 30 days after the notice is mailed,membership in this Association shall automatically be suspended. (e) Deferred and retired members shall pay no dues. (Amended Q.Res.2007-185;T.Res.2011-26;V.Res.2012-67;W.Res.2013-35) Section 6 SUSPENSION. Any member under suspension from the Association for cause or for failure to pay dues pursuant to Article 1.4 of these Bylaws can only have the member's suspension lifted upon filing a completed application for the lifting of the suspension in writing, which is delivered to the Secretary, accompanied by a sum equal to the amount which would have been payable during the period of suspension and any outstanding dues, plus a reinstatement fee of $100.00. Upon receipt by the association of the application and proper payment,the suspension is lifted. (Amended R.Res.2009-26;V.Res.2012-67) Section 7 LEAVE OF ABSENCE. (a) Any member who is granted a leave of absence by the Apple Valley Fire Department shall during such leave be relieved of paying dues to this Association, and during such leave and period of nonpayment of dues, shall only be entitled to aid benefits. If, after expiration of such leave, the member again becomes active in the Apple Valley Fire Department, can be reinstated by payment of dues accrued during the leave of absence. (Amended H.Res. 1996-36) *Refer to Policies of the Board Page 2 of 18 December 30,2023 BYLAWS APPLE VALLEY FIREFIGHTERS RELIEF ASSOCIATION (b) Any member who enlists or is drafted to enter the Armed Services of the United States of America shall be relieved of paying dues in this Association during the time of active military service,but shall retain all rights and benefits in the Association. (1) Subject to restrictions stated in Minn. Stat. § 424A.021, a volunteer firefighter who is absent from firefighting service due to service in the uniformed services, as defined in United States Code, title 38, section 4303(13), may obtain service credit not to exceed five years,unless a longer period is required under United States Code, title 38, section 4312. (a) To be eligible for service credit under this section, the volunteer firefighter must return to firefighting service with coverage by the Association upon discharge from service in the uniformed service within the time frame required in United States Code,title 38, section 4312(e). (b) Service credit is not authorized if the firefighter separates from uniformed service with a dishonorable or bad conduct discharge or under other than honorable conditions. (c) Service credit is not authorized if the firefighter fails to provide notice to the fire department that the individual is leaving to provide service in the uniformed service, unless it is not feasible to provide that notice due to the emergency nature of the situation. (Amended H.Res. 1996-36;I.Res. 1997-80;Amended Q.Res.2007-185) (c) Any member who received disability benefits due to a fire related injury,for a period of more than one month in any calendar year shall be relieved of paying dues in this Association during the period of disability,but shall retain all other rights and benefits in the Association. (Amended H.Res. 1996-36) (d) Leave of absence time is not considered active service time towards retirement. (Amended R.Res.2009-26) Section 8 TERMINATION OF MEMBERSHIP. Active members may be expelled from the Association for cause by a 60% vote of all the members at a regular or special Board meeting provided a quorum is present. Notice of the meeting and a written statement of the particular charges shall be given to the member at least 15 days, excluding the date of the meeting, in advance of the meeting. The member shall be given an opportunity to be heard at the meeting. Cause for termination shall include, but not be limited to, resignation or discharge from the Apple Valley Fire Department, failure to account for money belonging to the Association, feigning illness or injury for the purpose of defrauding the Association. Any member who shall,in the opinion of a majority of the members of the Board of Trustees,fraudulently claim benefits from, or defraud or attempt to defraud the Association in any way, shall be suspended from membership by the Board,and shall forfeit all further rights to benefits from the Association. ARTICLE III BOARD OF TRUSTEES Section 1 THE POWERS OF THE BOARD OF TRUSTEES. The Board of Trustees (Board) is the governing Board and has exclusive control of the investment of the Association's plan assets in conformance with Federal and State law including,but not limited to,Minnesota statutes and these Bylaws. The members of the Board will act as Trustees,with a fiduciary obligation to the active,deferred,and retired members of the Association,who are its beneficiaries;the taxpayers of the City of Apple Valley,who help to finance the plan; and the State of Minnesota. The Board will invest and reinvest the Association's plan assets, determine benefits, determine eligibility for membership or benefits, determine the amount or duration of benefits, determine the funding requirements or amounts of contributions, oversee the expenditure of plan assets, and select financial institutions and investment products. *Refer to Policies of the Board Page 3 of 18 December 30,2023 BYLAWS APPLE VALLEY FIREFIGHTERS RELIEF ASSOCIATION Section 2 MEMBERS OF THE BOARD OF TRUSTEES. The Board of Trustees as specified under Minn. Stat. § 424A.04, shall be composed of the following nine(9)persons: a President,a Vice President, a Secretary, a Treasurer, and two (2) general Trustees, each of whom shall be elected for a three-year term as specified in this Article, or until their successor has been elected and qualified, at the annual meeting of the Association from its members, and the statutory members: the Chief of the Apple Valley Fire Department, and one elected municipal official and one elected or appointed municipal official who are designated annually as municipal representatives by the City Council of the City of Apple Valley. Active and deferred members are eligible to be elected as trustees and one of the six trustees may be a retired member receiving a monthly pension who is elected by the membership of the Relief Association. (Amended E.Res. 1994-55;H.Res. 1996-36;I.Res. 1997-80;P.Res.2007-55;T.Res.2011-26) Section 3 DUTIES OF THE BOARD OF TRUSTEES. It shall be the duty of the Board of Trustees to: (a) Prepare modes and plans for the safe and profitable investment of the unappropriated funds of the Association, and whenever investments are made, to investigate and pass upon the securities offered and to attend to the drawing up and execution of the necessary papers; (b) Complete required state reports and file with the Office of the State Auditor annually; (c) Order an audit of the books and accounts of the Secretary and the Treasurer annually, according to law; and (d) Submit a written report of the condition of the Association to the members at the annual meeting. (Amended W.Res.2013-35) (e) The Board shall have on file a copy of the investment policy of the Association and file a copy of the investment policy, and all changes to the policy, with the Office of the State Auditor. (f) The Association shall provide annually to its broker a written statement of investment restrictions from the applicable state laws and the Association's investment policy. The broker must annually submit the Broker Certification form to the Association before the Association enters or continues business with said broker. (Amended Q.Res.2007-185) (g) No Trustee of the Apple Valley Firefighters Relief Association shall cause the relief association to engage in a transaction if the fiduciary knows or should know that a transaction constitutes one of the following direct or indirect transactions: (1) sale, exchange, or leasing of any real property between the relief association and a board member; (2) lending of money or other extension of credit between the relief association and a board member or member of the relief association; (3) furnishing of goods, services, or facilities between the relief association and a board member; or (4) transfer to a board member, or use by or for the benefit of a board member, of any assets of the relief association.Transfer of assets does not mean the payment of relief association benefits or administrative expenses permitted by law. (Amended H.Res. 1996-36) (h) A fiduciary with this Association shall act in good faith and shall exercise that degree of judgment and care,under circumstances then prevailing,that persons of prudence,discretion, and intelligence would exercise in the management of their own affairs,not for speculation, considering the probable safety of the plan capital as well as the probable investment return to be derived from the assets. (i) A fiduciary of a covered pension plan shall make reasonable effort to obtain knowledge and skills sufficient to enable the fiduciary to perform fiduciary activities adequately. At minimum, the Board of Trustees shall develop and periodically revise a program for the *Refer to Policies of the Board Page 4 of 18 December 30,2023 BYLAWS APPLE VALLEY FIREFIGHTERS RELIEF ASSOCIATION continuing education of any of the board members and any of the chief administrative officers who are not reasonably considered to be experts with respect to their activities as fiduciaries. Section 4 OFFICERS. The terms of office of the general Trustees and the officers shall be grouped as follows: (President and one Trustee), (Vice President and Secretary), (Treasurer and one Trustee). The terms shall be arranged so that one group shall be elected at each annual meeting. If a vacancy, other than a vacancy caused by removal for cause of an elected officer or trustee, occurs during the term of office of any officer or trustee,the remaining members of the Board of Trustees shall elect a member of the Association to serve for the unexpired term of the vacated position. (Amended I.Res. 1997-80) Section 5 PRESIDENT. (a) It shall be the duty of the President to: (1) Attend and to preside at all meetings of the Association and the Board of Trustees. (2) Enforce the due observance of the Articles of Incorporation and Bylaws and see that the other officers properly perform the duties assigned to them. (3) Sign all documents requiring the signature of the President. (4) Be a member of all committees except the Aid Committee. (5) Exercise careful supervision over the affairs of the Association. (b) The President shall receive such salary as may be fixed from time to time by the Board of Trustees, subject to approval of the Association, and payable from the Special Fund of the Association. Section 6 VICE PRESIDENT. (a) It shall be the duty of the Vice President to: (1) Perform the duties of the President in the absence of the President. In the absence of both the President and the Vice President, it shall be the duty of the Association to elect a President Pro Tem,who shall perform the duties incident to the office. (2) Assist the President. (3) Be a member of the Aid Committee. (b) The Vice President shall receive such salary as may be fixed from time to time by the Board of Trustees,subject to approval of the Association,and payable from the Special Fund of the Association. (Amended H.Res. 1996-36;CC.Res 2021-215) Section 7 SECRETARY. (a) It shall be the duty of the Secretary to: (1) Keep a true and accurate record of the proceedings of all meetings of the Association and of the Board of Trustees. (2) Keep a correct record of all amendments, alterations,and additions to the Articles of Incorporation or the Bylaws in a separate book from the minute books of the Association. (3) Act as custodian of the seal and records of the Association, sign its official papers, and perform such other duties as may be imposed by the Board of Trustees. (4) Cause due notice of all meetings of the Association and of the Board of Trustees to be given. (5) Submit a report in writing at each regular meeting of the Board of Trustees showing the names of all persons who have applied for membership or ceased to be members since the last report, the names of all persons to whom money has been paid, the amount, and the reason therefor,the amount of money received since the last report and the source thereof,the amount of money on hand,and where the same is invested or deposited, and such other information as will show the financial condition of the *Refer to Policies of the Board Page 5 of 18 December 30,2023 BYLAWS APPLE VALLEY FIREFIGHTERS RELIEF ASSOCIATION Association. (6) Keep a roll of membership,with the date of joining,resignation, discharge leaves of absence, dues and assessments paid, and relief or pensions furnished. (7) The Secretary's books shall be at all times open to inspection by the Board of Trustees and jointly with the Treasurer prepare and file all reports and statements required by law. (b) The Secretary shall receive such salary as may be fixed from time to time by the Board of Trustees, subject to approval of the Association, and payable from the Special Fund of the Association. Section 8 TREASURER. (a) It shall be the duty of the Treasurer to: (1) Receive all funds belonging to the Association and hold them subject to the order of the President or the Board of Trustees. (2) Keep separate and distinct accounts of the Special and General Funds, and shall prepare and present to the Board of Trustees, a full and detailed statement of the assets and liabilities of each fund at each meeting of the Board of Trustees,and prior to the annual meeting of the Association. (3) Deliver to their successor in office, or to any committee appointed by the Board of Trustees to receive the same, all moneys, books, papers and other items pertaining to the office immediately upon expiration of the term of office. (4) Prior to entering upon the duties of the office,give a bond in such amount as required by law,Minn. Stat. § 69.051, Subd.2,and with such sureties as may be required and approved by the Board of Trustees, conditioned upon the faithful discharge of his trust and the faithful performance of the duties of the office. Such bond shall be paid for from the Special Fund of the Association. (5) Jointly with the Secretary, the Treasurer shall prepare and file all reports and statements as required by law. (b) The Treasurer shall receive such salary as may be fixed by the Board of Trustees from time to time, subject to approval of the Association, and payable from the Special Fund of the Association. (Amended H.Res. 1996-36;Q.Res.2007-185) Section 9 TRUSTEES. It shall be the duty of the Trustees to assist the members of the Board of Trustees with their duties. Section 10 AID COMMITTEE. There shall be an Aid Committee composed of the Vice President and three other members of the Association, who may or may not be members of the Board of Trustees, appointed by the Board of Trustees. The Vice President shall be the chair of this committee. The duty of the committee shall be to make provisions for the assistance to be rendered to each sick or disabled member,and to the survivors of any deceased member in accordance with the provisions of these Bylaws. (a) The Aid Committee shall establish the guidelines by which assistance shall be given and keep a copy of such guidelines filed with the Secretary. Any changes to this guideline must be approved by the membership at the Annual Meeting. (b) The Aid Committee members shall be the station rep from each station who shall serve two year terms. The station reps from 1 and 3 shall be elected from their members at the annual meeting during odd years and the station rep from 2 shall be elected from their members at the annual meeting during even years. (c) Other duties of the station rep shall be to inform members from their station how to obtain AID, notify the Administrative Assistant of any AID to be sent and maintain the service board at their station. (d) Funding shall come from the General Fund. *Refer to Policies of the Board Page 6 of 18 December 30,2023 BYLAWS APPLE VALLEY FIREFIGHTERS RELIEF ASSOCIATION (Amended W.Res.2013-35) Section 11 REMOVAL. A general trustee or officer may be removed for cause. Cause for removal shall include, but shall not be limited to, the breach of the duties as set forth in Articles II and III of these Bylaws. One or more of the Trustees or officers may be removed at a meeting of the membership which has been called for that purpose by a 2/3 vote of those present and voting at such meeting,provided a quorum is present. Notice of the meeting at which removal is to be considered shall be given to each member and shall include the purpose of the meeting. The general trustee or officer shall be furnished with a statement of the particular charges at least 15 days before the meeting is to be held. At the meeting, the general trustee or officer shall be given an opportunity to be fully heard as to each charge. If a general trustee or officer is removed, a replacement shall be elected at the same meeting, and such replacement shall serve out the unexpired term of the removed general trustee or officer. ARTICLE IV MEETINGS OF THE MEMBERS AND THE BOARD Section 1 ANNUAL MEETING. The annual meeting of the Association,for the election of officers and trustees, and other business, shall be held on the first Saturday of December or as otherwise set by the Board. (Amended AA.Res.2020-171) Section 2 BOARD MEETINGS. The Board of Trustees shall hold at least four regular meetings during each year. (Preferably more) (a) Place. A meeting of the Board of Trustees may be held at any place within this state designated by the Board. (b) Notice. Subject to waiver,notice of every meeting shall be sent or delivered by the Secretary to each Trustee entitled to vote at the meeting at least 5 but not more than 30 days before the meeting, excluding the date of the meeting, which sets forth the time,place, and in the case of a special meeting, purpose. A notice of meetings, including the date, time and location, shall be posted at each fire station and city hall. (c) Act by Majority. An act of the majority of the Trustees present at a meeting at which a quorum is present is an act of the Board. (d) Quorum. The presence of a majority of the members of the Board shall constitute a quorum of the Board. (Amended Q.Res.2007-185) Section 3 SPECIAL MEETINGS. Special meetings of the Association or the Board of Trustees may be called by the President,or by 2 members of the Board of Trustees,shall also be called upon written request of 10 or more members of the Association. Members or trustees shall be notified by the Secretary of such special meetings, and the object of the meeting shall be contained in such notice. Special meetings must be held within 10 to 30 days upon request. Section 4. NOTICE. Notice of the meetings and elections shall be given to all members entitled to vote at the meeting or election. Such notice shall be in writing and state the time, place, and in case of a special meeting,the purpose, and be posted at each fire hall not less than 5 nor more than 30 days before the meeting, excluding the date of the meeting. Consent by a member to notice given by electronic communication may be given in writing or by authenticated electronic communication. The Association is entitled to rely on any consent so given until revoked by the member,provided that no revocation affects the validity of any notice given before receipt by the corporation of revocation of the consent. Written notice required by the Bylaws may be given as an *Refer to Policies of the Board Page 7 of 18 December 30,2023 BYLAWS APPLE VALLEY FIREFIGHTERS RELIEF ASSOCIATION electronic notice pursuant to the requirements of this section. The Notice shall be effective when given. The notice is deemed given: (a) If by facsimile communication, when directed to a telephone number at which the member has consented to receive notice; (b) If by electronic mail, when directed to an electronic mail address at which the member has consented to receive notice; (c) If by posting on an electronic network on which the member has consented to receive notice, together with a separate notice to the member of the specific posting,upon the later of: (1) The posting; and (2) The giving of the separate notice; and (d) If by any other form of electronic communication by which the member has consented to receive notice,when directed to the member. Section 5 QUORUM. The presence of a majority of the Board then serving shall constitute a quorum of the Board. (a) Subject to Section 5(c),a quorum is necessary for the transaction of business at a meeting. (b) When a quorum is not present, any meeting may be adjourned from time to time for that reason. (c) When a quorum has been present at a meeting and members have withdrawn from the meeting so that less than a quorum remains, the members still present may continue to transact business until adjournment. (d) A quorum for meetings of members is thirty percent(30%)of the active membership of the Relief Association. (Amended E.Res. 1994-55;M.Res.2002-219;R.Res.2009-26) Section 6 ORDER OF BUSINESS. At the annual and at all regular meetings the order of business shall be as follows: (a) Call to order (b) Roll call (c) Reading of minutes of previous meeting (d) Secretary's report (e) Treasurer's report (f) Committee reports (g) Unfinished business (h) Election of officers(annual meeting) (i) New business (j) Adjournment (Amended H.Res. 1996-36) All meetings shall be conducted according to Robert's Rules of Order,as revised. All reports and resolutions shall be submitted in writing, and no report shall be accepted unless it is the report of the majority of a committee,provided however,that the minority shall be permitted to present its view in writing. Section 7 VOTING. Each active member in good standing shall be entitled to vote on any matter which the members vote upon. All votes, unless specified prior to the vote, shall be conducted by a voice vote. If a majority cannot be determined by voice vote, the Officer in charge of the vote shall ask for a vote by secret ballot.Neither cumulative voting nor voting by proxy shall be allowed. (Amended E.Res. 1994-55,W.Res.2013-35,BB.Res.2021-17) *Refer to Policies of the Board Page 8 of 18 December 30,2023 BYLAWS APPLE VALLEY FIREFIGHTERS RELIEF ASSOCIATION ARTICLE V FUNDS Section 1 FUNDS REQUIRED. The Association shall maintain in its treasury a General Fund and a Special Fund. (a) General Fund. One fund shall be called the General Fund to which shall be credited all moneys received from dues,fines,initiation fees,entertainment revenues and any moneys or property donated,given,granted or devised by any person for unspecified uses.The General Fund may be used for any purpose authorized by either the Articles of Incorporation or the Bylaws, including but not limited to the following: expenses of entertainment, dinners, dances,games, and flowers for the sick or deceased members,expenses of administering the fund. (b) Special Fund. The other fund shall be called the Special Fund. The Special Fund shall be credited with all fire state-aid moneys received pursuant to law, all taxes levied by or other revenue received from the City pursuant to law providing for municipal support for the Relief Association,any moneys or property donated,given,granted or devised by any person which is specified for use for the support of the Special Fund, and any interest earned upon assets of the Special Fund.No disbursement shall be made from the Special Fund for any purpose except a purpose for which such Special Fund is held in trust consistent with provisions in the Articles of Incorporation or Bylaws, and administrative expenses as limited by Minn. Stat. §§ 69.80 and 424A.05. All other expenses of the Association shall be paid out of the General Fund. (Amended H.Res. 1996-36;W.Res.2013-35) Section 2 DEPOSITS. All money belonging to this Association shall be deposited to the credit of the association in such banks,trust companies or other depositories as the Board of Trustees may designate. The Board of Trustees shall make deposits in conformance with state statutes, the Bylaws and the investment policy. (Amended H.Res. 1996-36) Section 3 DISBURSEMENTS. No disbursement of the funds of this Association shall be issued until the claim to which it relates has been approved by the Board of Trustees. All checks or expenditures drawn by the Treasurer must be countersigned by the President or Vice-President. (Amended H.Res. 1996-36) ARTICLE VI BENEFITS Section 1 SERVICE PENSIONS. (a) Eligibility Requirements. To be eligible to receive a service pension,a member must meet all of the following requirements: (1) Be at least 50 years of age; (2) Have separated from the Fire Department of the municipality of Apple Valley and ceased to perform or supervise fire suppression duties;unless,as specified in Minn. Stat. § 424A.02, Subd. 1 (d): (a) the person is employed subsequent to retirement by the City of Apple Valley to perform duties within the Apple Valley Fire Department on a full-time basis; and (b) the governing body of the City of Apple Valley has files its determination with the board of trustees of the relief association that the person's experience with and service to the Apple Valley Fire Department in that person's full-time capacity would be difficult to replace; (3) (a) A person commencing active duty prior to 1/1/2010 must have served at least *Refer to Policies of the Board Page 9 of 18 December 30,2023 BYLAWS APPLE VALLEY FIREFIGHTERS RELIEF ASSOCIATION 5 years of active duty as a firefighter in the Apple Valley Fire Department; (b) A person commencing active duty or a separated member returning to active service after 1/1/2010 must have served at least 10 years of active duty as a firefighter in the Apple Valley Fire Department; and (4) Have been an active member of the Association in good standing at least five consecutive years immediately prior to separation from service, other than time on suspension and approved Leaves of Absence from the Apple Valley Fire Department. (5) Return to Service: (a) Any firefighter who has a break in service, including former members who have received payment of a service pension or disability benefit and who have waited at least 60 days following receipt of the pension or benefit, will be eligible to resume active membership in the Association should the firefighter resume active firefighting duties with the Fire Department. Active membership in the Association immediately resumes when a member returns to active service with the Fire Department. (b) A firefighter who had not been paid a service pension returns to active Association membership under paragraph (a), who has met the minimum service requirement specified in Section 1(a)(3), and who does meet the minimum service requirement of Section 1(a)(4), upon a subsequent cessation of duties, must have a service pension for the original and resumption service periods calculated by applying the service pension amount in effect on the date of the firefighter's termination of the resumption service. (c) If a former firefighter who has received a service pension returns to active Association membership, the firefighter may qualify for the receipt of a service pension from the Association for the resumption service period if the firefighter meets the minimum service requirements of Section 1(a)(4). A firefighter who previously received payment of a service pension or disability benefit from this Association and who completes at least five (5) years of active service with the Fire Department upon a resumption of active service is fully vested and eligible for a second pension.A retired member collecting an annuity can continue receiving payments during a return to service. No firefighter may be paid a service pension more than once for the same period of service. (Amended H.Res. 1996-36;M.Res.2002-219;Q.Res.2007-185;R.Res.2009-26;T.Res.2011-26; W.Res.2013-35;DD.Res.2023-58) (b) Service Pension. Because of varying circumstances in each member's retirement planning, optional benefit payment methods are offered. Selection should occur after consultation with a tax consultant, financial planner, or an attorney. Each member meeting the requirements of Article 6, Section 1(a),hired before January 1,2019,and separating service before January 1, 2022, shall be entitled to choose either a monthly service pension as set forth in Section 1 (i),joint and 100%,or 50%,monthly service pension as set forth in 6.1(j), or lump sum service pension as set forth in Section 1(m). All members hired after January 1, 2019 or separating service after December 31, 2022, shall be entitled to only the lump sum service pension set forth in Section 1(m). At the time of application for retirement, a qualified member shall be entitled to payments from the Special Fund according to the following tables attached as Addendum A: Table M1-22 Table LS1-22 *Refer to Policies of the Board Page 10 of 18 December 30,2023 BYLAWS APPLE VALLEY FIREFIGHTERS RELIEF ASSOCIATION Table LS1-24 (Amended B.Res. 1990-42;C.Res. 1990-158;D.Res. 1992-174;E.Res. 1994-55;G.Res. 1994-355; H.Res. 1996-36;J.Res. 1997-253;K.Res. 1999-239;L.Res.2001-191;M.Res.2002-219; N.Res.2003-179;O.Res.2005-187;U.Res.2012-12;X.Res.2014-206;Z.Res 2018-213; AA.Res 2020-171;CC.Res 2021-215;EE.2024-) (c) Notice of Intent to Take Distribution. Each member who intends to take distribution of a service pension, including a deferred service pension, from the Association must file a Notice of Intent to Take Distribution. Such Notice of Intent to Take Distribution will be in writing, and will be filed with the Secretary not less than 90 days prior to the intended date of distribution. Upon receipt of the Notice of Intent to Take Distribution,the Secretary will provide to the applicant an Application for Distribution and any forms or notices required by Federal or State law. No Notice of Intent to Take Distribution is required for ancillary benefits. (Amended Y.Res.2018-128) (d) Application. Applications for service pensions shall be made in writing on forms supplied by the Secretary. The application shall be submitted via U.S. mail, electronically, or delivered personally to the Board of Trustees at a regular or special meeting of the Board. Applications shall be verified by an oath of the applicant and shall state the applicant meets each of the eligibility requirements set forth in 6.1(a). (Amended Y.Res.2018-128) (e) Acceptance of Application,Approval of Benefits. Applications for service pensions shall not be approved until they are complete, including all required documentation as specified in the application. It shall be the duty of the Board to approve applications for service pensions if the applicant meets all of the eligibility requirements set forth in 6.1(a). It shall also be the duty of the Board not to approve the application if any of the eligibility requirements are not met. If an application is not approved, the Board shall return the application to the applicant within 30 days, noting thereon, with particularity, which requirements the applicant does not meet. Thereafter, the applicant shall be furnished the opportunity to be heard by the full Board, within the next 30 days, on the question of whether the applicant meets all of the eligibility requirements. The service pension shall be payable at the rates set forth in 6.1(b). Payment shall be made from the Special Fund. (Amended Y.Res.2018-128) (f) Deferred Service Pension. (1) A member of the Association who separates from active service as a firefighter in the Apple Valley Fire Department and who has served at least 5 years of active service if commencing active service prior to 1/1/2010, or who commenced active service after 1/1/2010 must have served at least 10 years of active service as a firefighter in the Apple Valley Fire Department, and served at least five years of active membership in the Association,shall be entitled to a deferred service pension to commence upon reaching at least the age of 50 years and upon making a valid written application to the Association. (2) The deferred service pension shall be payable as set forth in 6.1(b) except that: (a) Deferred members selecting the lump sum service pension as set forth in 6.1(1) shall have the lump sum payment based on the Lump Sum table in effect at the time of separation. (b) No interest will accumulate or be compounded on a lump sum service pension as of December 31,2020. (Amended C.Res. 1990-158;K.Res. 1999-239;N.Res.2003-179;Q.Res.2007-185;T.Res.2011-26; W.Res.2013-35;Y.Res.2018-128,AA.Res.2020-171) *Refer to Policies of the Board Page 11 of 18 December 30,2023 BYLAWS APPLE VALLEY FIREFIGHTERS RELIEF ASSOCIATION (g) Year of Service. For the purpose of computing benefits,a"Year of Service"shall be defined as a period of 12 full months of active duty in the Apple Valley Fire Department,beginning on the anniversary date when the member became an active member of said Fire Department. Incomplete years of service, after the member's anniversary date, shall be prorated at the rate of 8.333%per complete month of active service,pursuant to Minn. Stat. § 424A.02, Subd. 1. If a member's period of active service is not continuous,parts of years may be added together to complete a full year. (Amended E.Res. 1994-55;H.Res. 1996-36;I.Res. 1997-80;T.Res.2011-26;W.Res.2013-35) (h) Surviving Spouse. "Surviving Spouse" means any person who was the dependent spouse of a deceased member who was legally married to the member at the time of death. (Amended H.Res. 1996-36;R.Res.2009-26) (i) Monthly Service Pension. Each member hired before January 1, 2019 and separating service before January 1,2022,meeting the requirements of Section 1(a) shall be entitled to select a monthly service pension. The monthly service pension determined in 6.1(b) shall receive postretirement increases as authorized by Minn. Stat. § 424A.02, Subd. 9 (a). The monthly service pension shall commence with payment the first day of the month following the date of receipt of a complete application that is approved by the Board of Trustees and shall cease the first day of the month following the retired member's death. (Amended H.Res. 1996-36;O.Res.2005-187;Q.Res.2007-185;Y.Res.2018-128;Z.Res 2018-213; CC.Res 2021-215) (j) Joint Monthly Service Pension. (1) Joint and 100% monthly service pension. Each member hired before January 1, 2019 and separating service before January 1, 2022, meeting the requirements of Section 1(a)who selects the monthly service pension of Section 1(i) shall be entitled to choose a Joint and 100% monthly service pension. The monthly service pension, determined in Section 1(b), shall be modified by the following table: Joint and 100%Conversion Factors Age at Payment Commencement Reduction Factor 50 .878 51 .872 52 .867 53 .861 54 .855 55 .849 56 .842 57 .836 58 .829 59 .822 60 .814 61 .806 62 .798 63 .789 64 .781 65 .772 payable to the retired member until death. Upon retired members death the payment would continue to the surviving spouse until their death. If the spouse should precede the retired member in death, the benefit level paid monthly to the retired *Refer to Policies of the Board Page 12 of 18 December 30,2023 BYLAWS APPLE VALLEY FIREFIGHTERS RELIEF ASSOCIATION member shall revert to the regular monthly service pension as shown in 6.1(h) beginning with the first month following the death of the spouse. (Amended M.Res.2002-219;Z.Res 2018-213;CC.Res 2021-215) (2) Joint and 50% monthly service pension. Each member hired before January 1, 2019 and separating service before January 1, 2022, meeting the requirements of Section 1(a)who selects the monthly service pension of Section 1(i)shall be entitled to choose a Joint and 50%monthly service pension. The monthly service pension, determined in 6.1(b), shall be modified by the following table: Joint and 50%Conversion Factors Age at Payment Commencement Reduction Factor 50 .935 51 .932 52 .929 53 .925 54 .922 55 .918 56 .915 57 .911 58 .906 59 .902 60 .897 61 .893 62 .888 63 .882 64 .877 65 .871 payable to the retired member until death. Upon retired member's death, 50% of the payment would continue to the surviving spouse until their death. If the spouse should precede the retired member in death, the benefit level paid monthly to the retired member shall revert to the regular monthly service pension as shown in 6.1(h) beginning with the first month following the death of the spouse. (Amended M.Res.2002-219;Z.Res 2018-213;CC.Res 2021-215) (k) Monthly Service Pension Survivor Benefit. Upon the death of a member of this Association,receiving a monthly service pension,prior to January 1,2003,the sum equal to the 10-year retirement benefit level,or actual benefit earned if under 10 years of service,per month shall be paid to the spouse,if any,during the remainder of the spouse's natural life. A sum not exceeding the 5-year retirement benefit level per month shall be added to this amount for the benefit of each surviving child of the deceased member under the age of 18,but in no event shall the total pension paid to the spouse and surviving children exceed the sum equal to one and one-half times the 10-year retirement benefit level per month. (Amended C.Res. 1990-158;F.Res. 1994-226;H.Res. 1996-36;I.Res. 1997-80,L.Res.2001-191; M.Res.2002-219) (1) Surviving Children's Monthly Service Pension. Upon the death of the surviving spouse of a deceased member receiving a monthly service pension,or if the deceased member leaves no spouse, the sum equal to the 5-year benefit level per month shall be paid to each of the surviving children,if any,under the age of 18 until each such child reaches the age of 18,but in no event shall the total amount paid to the surviving children exceed the sum equal to one *Refer to Policies of the Board Page 13 of 18 December 30,2023 BYLAWS APPLE VALLEY FIREFIGHTERS RELIEF ASSOCIATION and one-half times the 10-year benefit level per month. (Amended C.Res. 1990-158;F.Res. 1994-226;H.Res. 1996-36) (m) Lump Sum Service Pension. Each member meeting the requirements of Section 1(a)shall be entitled to select a lump sum service pension. Alternate payment methods shall include: (1) A single lump sum check payment payable to the eligible retiree. (2) Upon written request,the Association shall directly transfer the eligible member's lump sum pension to the member's individual retirement account under Section 408(a)of the Internal Revenue Code, as amended. (Amended H.Res. 1996-36) (n) Supplemental Benefit. As described in Minn. Stat. § 424A.10,the Association must pay a supplemental benefit to individuals who receive a lump sum distribution of pension or retirement benefits for service performed as a volunteer firefighter at the time that the lump sum benefit is paid.The supplemental benefit is calculated as ten percent of the regular lump sum distribution,but not to exceed$1,000. (1) Upon the payment of a lump sum survivor benefit to the survivor of a deceased active or deferred member,a supplemental survivor benefit will be paid to the legally married surviving spouse or, if none, to the surviving child or children. The survivor supplemental benefit is calculated as twenty percent of the survivor benefit distribution,but not to exceed$2,000. (Amended Q.Res.2007-185) Section 2 ANCILLARY BENEFITS. "Ancillary Benefit" means a benefit other than the service pension. Upon the death of an active or deferred member of this Association there shall be paid a survivor or death benefit. Pursuant to Minn. Stat. § 424A.02, Subd. 9 (2), the sum of the ancillary benefit shall be calculated as of the date the active or deferred member died. (Amended K.Res. 1999-239;R.Res.2009-26;S.Res.2010-34) (a) Active Member Survivor or Death Benefit. Pursuant to Minn. Stat. § 424A.05, Subd. 3 (3), a survivor benefit must be paid to a surviving spouse of an active member, or if none, to surviving children regardless of age at time of death, or if none, to designated beneficiaries. In the case of no designated beneficiary, a death benefit must be paid to the estate. The sum shall be calculated using the Lump Sum Service Pension benefit level in effect at the time of death as listed in 6.1(b), times the years of service as determined in 6.1(f),without regard to minimum or partial vesting requirements but in no case shall be less than five times the benefit level per year of service in effect on the date of death. (Amended I.Res. 1997-80;J.Res. 1997-253;K.Res. 1999-239,L.Res.2001-191;R.Res.2009-26; S.Res.2010-34;T.Res.2011-26) (b) Deferred Member Survivor or Death Benefit. Pursuant to Minn. Stat. § 424A.05, Subd. 3 (3),a survivor benefit must be paid to a surviving spouse of a deferred member,or if none, to surviving children regardless of age at time of death, or if none, to designated beneficiaries. In the case of no designated beneficiary a death benefit must be paid to the estate. The sum shall be calculated using the Lump Sum Service Pension table in effect at the time of separation as listed in 6.1(b),using years of service as determined in 6.1(f). The total benefits paid under 6.2(b)cannot exceed the benefit earned by the member. (Amended I.Res. 1997-80;J.Res. 1997-253;K.Res. 1999-239;R.Res.2009-26;S.Res.2010-34; T.Res.2011-26;W.Res.2013-35) Section 3 LIMITS ON BENEFITS. (a) Domestic Relations Order. A qualified domestic relations or domestic relations order that complies with the provisions of Minn. Stat. §§ 518.58, 518.581, or 518A.53, shall be distribution made pursuant to a domestic relations order shall be treated as made pursuant to qualified domestic relations order as specified by Internal Revenue Code 414(p)(11), as *Refer to Policies of the Board Page 14 of 18 December 30,2023 BYLAWS APPLE VALLEY FIREFIGHTERS RELIEF ASSOCIATION amended. No benefits shall be paid under a domestic relations order which requires the plan to provide any type or form of benefit,or any option,not otherwise provided under the plan or under state law. The only benefit available to a former spouse of a member pursuant to a qualified domestic relations order is that of a lump sum service pension, which is distributable pursuant to the terms and conditions of Article VI herein. When a qualified domestic relations order is submitted to the Apple Valley Firefighters Relief Association Board for review and/or consideration, it must be accompanied with an administrative fee of$500.00. (Amended H.Res. 1996-36;P.Res.2007-55) (b) Garnishment,Judgment, or Legal Process. No service pension benefits paid or payable from the Special Fund of the relief association to any person receiving or entitled to receive a service pension shall be subject to garnishment, judgment, execution, or other legal process, except as provided in Minn. Stat. §§ 518.58, 518.581, or 518.611. (Amended H.Res. 1996-36) (c) No person entitled to a service pension from the Special Fund of a relief association may assign any service pension benefit payments,nor shall the association have the authority to recognize any assignment or pay over any sum which has been assigned. (Amended H.Res. 1996-36) (d) No provision which places limits on benefits as contained within Section 415 of the Internal Revenue Code shall be exceeded. Plan participants cannot receive an annual benefit greater than the amount specified in Section 415 of the code as may be subsequently amended. (Amended H.Res. 1996-36) ARTICLE VII AMENDMENTS Section 1 AMENDMENTS. The Bylaws of this Association may be amended at any regular or special meeting of the Association by a favorable vote of two-thirds of the members present and voting, providing a quorum is present; and provided further that notice of any proposed amendment or amendments has been mailed to each member at their last known address not more than 31 days preceding the date upon which such amendment or amendments are to be acted upon,and not less than 10 days prior to the scheduled date of such meeting; and provided further,that if such amendment or amendments shall change the amount of benefits or pensions, approval of the City Council of Apple Valley must be obtained,as required by law. (Amended H.Res. 1996-36,L.Res.2001-191) ARTICLE VIII MUNICIPAL RATIFICATION Section 1 RATIFICATION. The adoption of, or any amendment to the Articles or Bylaws of this Association which increases or otherwise affects the retirement coverage provided by,or the service pensions or retirement benefits payable from the Special Fund of this Association, shall not be effective until it is ratified by the City Council of the City of Apple Valley. A. At a duly called regular meeting thereof, the Apple Valley Firefighters Relief Association did adopt on the 12th day of February, 1989, the foregoing CODE OF BYLAWS, said Code consisting of eleven(11)pages,including this page,with the stamp FEBRUARY 12, 1989,being on each page. Which Bylaws were approved by the Apple Valley City Council on the 23rd day of March, 1989;Resolution No. 1989-60. B. At a duly called regular meeting thereof, the Apple Valley Firefighters Relief Association did amend on the 11th day of February, 1990, the foregoing CODE OF BYLAWS, said Code consisting of eleven(11)pages,including this page,with the stamp FEBRUARY 11, 1990,being *Refer to Policies of the Board Page 15 of 18 December 30,2023 BYLAWS APPLE VALLEY FIREFIGHTERS RELIEF ASSOCIATION on each page.Which amendments were approved by the Apple Valley City Council on the 22nd day of February, 1990;Resolution No. 1990-42. C. At a duly called special meeting thereof, the Apple Valley Firefighters Relief Association did amend on the 30th day of July, 1990,the foregoing CODE OF BYLAWS, said Code consisting of twelve (12)pages, including this page, with the stamp JULY 30, 1990,being on each page. Which amendments were approved by the Apple Valley City Council on the 9th day of August, 1990;Resolution No. 1990-158. D. At a duly called special meeting thereof, the Apple Valley Firefighters Relief Association did amend on the 8th day of June, 1992,the foregoing CODE OF BYLAWS,said Code consisting of twelve(12)pages,including this page,with the stamp JUNE 8, 1992,being on each page.Which amendments were approved by the Apple Valley City Council on the 25th day of June, 1992; Resolution No. 1992-174. E. At a duly called regular meeting thereof, the Apple Valley Firefighters Relief Association did amend on the 13th day of February, 1994, the foregoing CODE OF BYLAWS, said Code consisting of thirteen (13) pages, including this page, with the stamp FEBRUARY 13, 1994, being on each page. Which amendments were approved by the Apple Valley City Council on the 24th day of February, 1994;Resolution No. 1994-55. F. At a duly called special meeting thereof, the Apple Valley Firefighters Relief Association did amend on the 10th day of July, 1994,the foregoing CODE OF BYLAWS, said Code consisting of fourteen(14)pages,including this page,with the stamp JULY 10, 1994,being on each page. Which amendments were approved by the Apple Valley City Council on the 28th day of July, 1994;Resolution No. 1994-226. G. At a duly called special meeting thereof, the Apple Valley Firefighters Relief Association did amend on the 9th day of October, 1994,the foregoing CODE OF BYLAWS,said Code consisting of thirteen(13)pages,including this page, and Addendum A, consisting of five(5)pages,with the stamp OCTOBER 9, 1994, being on each page of the Code and Addendum A. Which amendments were approved by the Apple Valley City Council on the 8th day of December, 1994; Resolution No. 1994-355. H. At a duly called regular meeting thereof, the Apple Valley Firefighters Relief Association did amend on the 11th day of February, 1996, the foregoing CODE OF BYLAWS, said Code consisting of thirteen (13)pages, including this page, and Addendum A, consisting of five (5) pages,with the stamp FEBRUARY 11, 1996,being on each page of the Code and Addendum A. Which amendments were approved by the Apple Valley City Council on the 22nd day of February, 1996;Resolution No. 1996-36. At duly called regular meetings thereof, the Apple Valley Firefighters Relief Association did amend on the 9th day of February, 1997, and the 13th day of April, 1997,the foregoing CODE OF BYLAWS, said Code consisting of thirteen(13)pages, including this page, and Addendum A,with the stamp APRIL 13, 1997,being on each page.Which amendments were approved by the Apple Valley City Council on the 24th day of April, 1997;Resolution No. 1997-80. J. At a duly called regular meeting thereof, the Apple Valley Firefighters Relief Association did amend on the 12th day of October, 1997, the foregoing CODE OF BYLAWS, said Code consisting of thirteen (13) pages, including this page, and Addendum A, with the stamp OCTOBER 12, 1997, being on each page. Which amendments were approved by the Apple Valley City Council on the 25th day of November, 1997;Resolution No. 1997-253. K. At a duly called regular meeting thereof, the Apple Valley Firefighters Relief Association did amend on the 7th day of February, and on the 10th day of October, 1999,the foregoing CODE OF BYLAWS, said Code consisting of thirteen(13)pages, including this page, and Addendum A,with the stamp OCTOBER 10, 1999,being on each page.Which amendments were approved by the Apple Valley City Council on the 28th day of October, 1999;Resolution No. 1999-239. L. At a duly called regular meeting thereof, the Apple Valley Firefighters Relief Association did amend on the 7th day of October,2001,the foregoing CODE OF BYLAWS,said Code consisting of thirteen(13)pages,including this page,and Addendum A,with the stamp OCTOBER 7,2001, being on each page. Which amendments were approved by the Apple Valley City Council on *Refer to Policies of the Board Page 16 of 18 December 30,2023 BYLAWS APPLE VALLEY FIREFIGHTERS RELIEF ASSOCIATION the 25th day of October,2001;Resolution No.2001-191. M. At a duly called regular meeting thereof, the Apple Valley Firefighters Relief Association did amend on the 13th day of October, 2002, the foregoing CODE OF BYLAWS, said Code consisting of fourteen (14) pages, including this page, and Addendum A, with the stamp OCTOBER 13, 2002, being on each page. Which amendments were approved by the Apple Valley City Council on the 26th day of November,2002;Resolution No.2002-219. N. At a duly called regular meeting thereof, the Apple Valley Firefighters Relief Association did amend on the 12th day of October, 2003, the foregoing CODE OF BYLAWS, said Code consisting of fourteen (14) pages, including this page, and Addendum A, with the stamp OCTOBER 12, 2003, being on each page. Which amendments were approved by the Apple Valley City Council on the 23rd day of October,2003;Resolution No.2003-179. O. At a duly called regular meeting thereof, the Apple Valley Firefighters Relief Association did amend on the 10th day of October, 2005, the foregoing CODE OF BYLAWS, said Code consisting of sixteen (16) pages, including this page, and Addendum A, with the stamp OCTOBER 10, 2005, being on each page. Which amendments were approved by the Apple Valley City Council on the 27th day of October,2005;Resolution No.2005-187. P. At a duly called regular meeting thereof, the Apple Valley Firefighters Relief Association did amend on the 11th day of February, 2007, the foregoing CODE OF BYLAWS, said Code consisting of fifteen (15) pages, including this page, and Addendum A, with the stamp FEBRUARY 11, 2007, being on each page. Which amendments were approved by the Apple Valley City Council on the 22nd day of March,2007;Resolution No.2007-55. Q. At a duly called regular meeting thereof, the Apple Valley Firefighters Relief Association did amend on the 8th day of October,2007,the foregoing CODE OF BYLAWS,said Code consisting of fifteen(15)pages,including this page,and Addendum A,with the stamp OCTOBER 8,2007, being on each page. Which amendments were approved by the Apple Valley City Council on the 25th day of October,2007;Resolution No.2007-185. R. At a duly called regular meeting thereof, the Apple Valley Firefighters Relief Association did amend on the 8th day of February,2009,the foregoing CODE OF BYLAWS,said Code consisting of fifteen (15) pages, including this page, and Addendum A, with the stamp FEBRUARY 8, 2009,being on each page.Which amendments were approved by the Apple Valley City Council on the 26th day of February,2009;Resolution No. 2009-26. S. At a duly called regular meeting thereof, the Apple Valley Firefighters Relief Association did amend on the 7th day of February, 2010, the foregoing BYLAWS, said Bylaws consisting of fifteen(15)pages, including this page,and Addendum A,with the stamp FEBRUARY 7,2010, being on each page. Which amendments were approved by the Apple Valley City Council on the 25th day of February,2010;Resolution No.2010-34. T. At a duly called regular meeting thereof, the Apple Valley Firefighters Relief Association did amend on the 13th day of February, 2011, the foregoing BYLAWS, said Bylaws consisting of sixteen(16)pages,including this page,and Addendum A,with the stamp FEBRUARY 13,2011, being on each page. Which amendments were approved by the Apple Valley City Council on the 24th day of February,2011;Resolution No.2011-26. U. At a duly called special meeting thereof, the Apple Valley Firefighters Relief Association did amend on the 19th day of December, 2011, the foregoing BYLAWS, said Bylaws consisting of sixteen(16)pages,including this page,and Addendum A,with the stamp DECEMBER 19,2011, being on each page. Which amendments were approved by the Apple Valley City Council on the 12th day of January,2012;Resolution No.2012-12. V. At a duly called special meeting thereof, the Apple Valley Firefighters Relief Association did amend on the 12th day of February, 2012, the foregoing BYLAWS, said Bylaws consisting of sixteen(16)pages,including this page,and Addendum A,with the stamp FEBRUARY 12,2012, being on each page. Which amendments were approved by the Apple Valley City Council on the 22nd day of March,2012;Resolution No.2012-67. W. At a duly called regular meeting thereof, the Apple Valley Firefighters Relief Association did amend on the 10th day of February, 2013, the foregoing BYLAWS, said Bylaws consisting of seventeen(17)pages, including this page, and Addendum A and Addendum B with the stamp *Refer to Policies of the Board Page 17 of 18 December 30,2023 BYLAWS APPLE VALLEY FIREFIGHTERS RELIEF ASSOCIATION FEBRUARY 10, 2013, being on each page. Which amendments were approved by the Apple Valley City Council on the 28th day of February,2013;Resolution No.2013-35. X. At a duly called special meeting thereof, the Apple Valley Firefighters Relief Association did amend on the 17th day of November, 2014, the foregoing BYLAWS, said Bylaws consisting of seventeen(17)pages, including this page, and Addendum A and Addendum B with the stamp NOVEMBER 17, 2014, being on each page. Which amendments were approved by the Apple Valley City Council on the 23rd day of December,2014;Resolution No. 2014-206. Y. At a duly called regular meeting thereof, the Apple Valley Firefighters Relief Association did amend on the 11th day of February, 2018, the foregoing BYLAWS, said Bylaws consisting of eighteen (18) pages, including this page, and Addendum A, with the stamp FEBRUARY 11, 2018,being on each page.Which amendments were approved by the Apple Valley City Council on the 13th day of September,2018;Resolution No.2018-128. Z. At a duly called special meeting thereof, the Apple Valley Firefighters Relief Association did amend on the 3rd day of December 2018, the foregoing BYLAWS, said Bylaws consisting of eighteen (18) pages, including this page, and Addendum A and Addendum B with the stamp DECEMBER 3, 2018, being on each page. Which amendments were approved by the Apple Valley City Council on the 27th day of December,2018;Resolution No. 2018-213. AA. At a duly called special meeting thereof, the Apple Valley Firefighters Relief Association did amend on the 5th day of December 2020, the foregoing BYLAWS, said Bylaws consisting of eighteen(18)pages,including this page,and Addendum A with the stamp DECEMBER 5,2020, being on each page. Which amendments were approved by the Apple Valley City Council on the 22nd day of December,2020;Resolution No. 2020-171. BB. At a duly called special meeting thereof, the Apple Valley Firefighters Relief Association did amend on the 5th day of December 2020, the foregoing BYLAWS, said Bylaws consisting of eighteen(18)pages,including this page,and Addendum A with the stamp DECEMBER 5,2020, being on each page. Which amendments were approved by the Apple Valley City Council on the l lth day of February,2021;Resolution No.2021-17. CC. At a duly called regular meeting thereof, the Apple Valley Firefighters Relief Association did amend on the 4th day of December 2021, the foregoing BYLAWS, said Bylaws consisting of eighteen(18)pages,including this page,and Addendum A with the stamp DECEMBER 4,2021, being on each page. Which amendments were approved by the Apple Valley City Council on the 21st day of December,2021;Resolution No.2021-215. DD. At a duly called special meeting thereof, the Apple Valley Firefighters Relief Association did amend on the 27th day of March 2023, the foregoing BYLAWS, said Bylaws consisting of eighteen(18)pages,including this page,and Addendum A with the stamp March 27,2023,being on each page.Which amendments were approved by the Apple Valley City Council on the 13th day of April,2023;Resolution No.2023-58. EE. At a duly called special meeting thereof, the Apple Valley Firefighters Relief Association did amend on the 30th day of December 2023, the foregoing BYLAWS, said Bylaws consisting of eighteen(18)pages, including this page,and Addendum A with the stamp December 30,2023, being on each page. Which amendments were approved by the Apple Valley City Council on the l lth day of December,2023;Resolution No. 2024- . President Secretary Mayor City Clerk *Refer to Policies of the Board Page 18 of 18 December 30,2023 ADDENDUM A APPLE VALLEY FIREFIGHTERS RELIEF ASSOCIATION Table M1-22 (Amended EE.Res.2024-) MONTHLY SERVICE PENSION EFFECTIVE JANUARY 1, 2022 $47.00 BENEFIT LEVEL Formula (Years X Level X Percentage) Years of $ Level Percentage Amount Service Per Month 5 $47.00 40% $94.00 6 $47.00 44% $124.08 7 $47.00 48% $157.92 8 $47.00 52% $195.52 9 $47.00 56% $236.88 10 $47.00 60% $282.00 11 $47.00 64% $330.88 12 $47.00 68% $383.52 13 $47.00 72% $439.92 14 $47.00 76% $500.08 15 $47.00 80% $564.00 16 $47.00 84% $631.68 17 $47.00 88% $703.12 18 $47.00 92% $778.32 19 $47.00 96% $857.28 20 $47.00 100% $940.00 21 $47.00 100% $987.00 22 $47.00 100% $1,034.00 23 $47.00 100% $1,081.00 24 $47.00 100% $1,128.00 25 $47.00 100% $1,175.00 26 $47.00 100% $1,222.00 27 $47.00 100% $1,269.00 28 $47.00 100% $1,316.00 29 $47.00 100% $1,363.00 30 $47.00 100% $1,410.00 No maximum years of service Page 1 December 30,2023 ADDENDUM A APPLE VALLEY FIREFIGHTERS RELIEF ASSOCIATION Table LS1-22 (Amended EE.Res.2024-) LUMP SUM SERVICE PENSION EFFECTIVE JANUARY 1, 2022 $11,000 BENEFIT LEVEL Formula (Years X Level X Percentage) Years of $ Level Percentage Amount Service 5 $11,000 40% $22,000 6 $11,000 44% $29,040 7 $11,000 48% $36,960 8 $11,000 52% $45,760 9 $11,000 56% $55,440 10 $11,000 60% $66,000 11 $11,000 64% $77,440 12 $11,000 68% $89,760 13 $11,000 72% $102,960 14 $11,000 76% $117,040 15 $11,000 80% $132,000 16 $11,000 84% $147,840 17 $11,000 88% $164,560 18 $11,000 92% $182,160 19 $11,000 96% $200,640 20 $11,000 100% $220,000 21 $11,000 100% $231,000 22 $11,000 100% $242,000 23 $11,000 100% $253,000 24 $11,000 100% $264,000 25 $11,000 100% $275,000 26 $11,000 100% $286,000 27 $11,000 100% $297,000 28 $11,000 100% $308,000 29 $11,000 100% $319,000 30 $11,000 100% $330,000 No maximum years of service Page 2 December 30,2023 ADDENDUM A APPLE VALLEY FIREFIGHTERS RELIEF ASSOCIATION Table LS1-24 LUMP SUM SERVICE PENSION EFFECTIVE JANUARY 1, 2024 $13,000 BENEFIT LEVEL Formula (Years X Level) Years of $ Level Amount Service 10 $13,000 $130,000 11 $13,000 $143.000 12 $13,000 $156,000 13 $13,000 $169,000 14 $13,000 $182,000 15 $13,000 $195,000 16 $13,000 $208,000 17 $13,000 $221,000 18 $13,000 $234,000 19 $13,000 $247,000 20 $13,000 $260,000 21 $13,000 $273,000 22 $13,000 $286,000 23 $13,000 $299,000 24 $13,000 $312,000 25 $13,000 $325,000 26 $13,000 $338,000 27 $13,000 $351,000 28 $13,000 $364,000 29 $13,000 $377,000 30 $13,000 $390,000 No maximum years of service Page 3 December 30,2023 • ITEM: 4.N. ••••• • ••• COUNCIL MEETING DATE: January 11, 2024 Apple Valley SECTION: Consent Agenda Description: Adopt Resolution Approving the Report for Project 2023-134, Arby's Pond (KL-P4) Feasibility Study Staff Contact: Department/ Division: Samantha Berger, Water Resources Specialist Natural Resources Division ACTION REQUESTED: Adopt the resolution approving the report for Project 2023-134, Arby's Pond (KL- P4) Feasibility Study SUMMARY: The City received a $20,000 grant as part of the 2021-2023 Watershed Based Implementation Funds (WBIF) in the Lower Minnesota River Watershed to complete a feasibililty study for stormwater improvement options at Pond KL-P4, also known as Arby's Pond. Watershed based implementation funds were made available through the Clean Water Land and Legacy Amendment and distributed across watersheds throughout the metro area. Grant agreements with the Board of Water and Soil Resources were approved at the April 8, 2021 meeting for this project. The City Council approved BARR Engineering as the engineering consultant for this project at the February 9, 2023 Council meeting. BARR Engineering has a master agreement previously approved with the City as part of Public Work's 2021 consultant pool. BARR has experience working with the City's stormwater management system as they have completed modeling as part of the 2018 Surface Water Management plan and completed the 2017 Keller Lake Subwatershed Assessment. The final feasibility deliverable included 30% level design of the project, including a pond expansion, a new trail creation, and associated storm sewer improvements. BACKGROUND: Arby's pond or KL-P4, is part of the Keller Lake watershed, and Keller Lake is an impaired water. The location of pond KL-P4 is in the southwest corner of Cedar Avenue and 153rd Street and is shown on the attached map. As part of the Keller Lake Subwatershed Asssessment in 2017, a potential stormwater enhancement opportunity was identified at the Arby's pond. In 2021, the City received a grant to complete a feasibility study to further review onsite conditions, perform sediment sampling, and create 30% project design and a report. The final result of this report included 30% project design for an expanded and dredged pond, with a retaining wall, safety fence, and trail. In the future, the City can use this study to apply for water quality improvement grants. BUDGET IMPACT: The overall project came in below the approved scope of work. The project was assisted by the $20,000 in BWSR grant funds, with the remaining budget included in the 2023 Storm Drain Utility. Project Costs: Proposed Project Cost S 67,500 Final Project Costs 64,000 Project Savings $ 3,500 Project Funding WBIF Fund Grant (BWSR) S 20,000 Storm Sewer Utility 44,000 Total Estimated Funding $ 64,000 ATTACHMENTS: Map Report Resolution 2023-134: Arby's Pond Feasibility Study, Location Map .J Im one Park [! Lji — -r—.+ r L7.�^N� LegendIK7 _ . _'J �� a ,„' -� nth tr t Wes Environment epood Drtve VF P�k Hanover Storm Ponds-'Neter Levels HaS • Storm Ponds a n ���� Q 1 Storm Pond Strese Lane Boundaries ` .970fl . Wal Mitt Time Square a� Sub:aatersneds Red/ od Park ( Ni I 1 Alimegnet Lake (� KFC-.,r Black Dog 42 Mare Road r I 1 t ^1 . YYY East Vermillion River lI Di iv. �rlole DO • ,` Apple Valley I I •teller Lake r' t�\son Drive of lan•I- r Arby's Pond _ac Lavon unak . " Drainage Area 9ton West Vermiliion River oat '`,�� Uy � factory/Aldl f G _S Cortland DI ive 5,�-'." Arby's Pond Keller Lake P , Ihith: L. o m / A /-7 ca. T o ` (� o 0 V x w ti �I Lac od way j I avon/rkhlnr c is 771 Jt Cedar Paii.,� -- Docn\Par -red r J ' �I v J U N 157t Street • est •I.i-1` 'Path .. rig!idge Park. T km . , - . . Public Water Inventory Basins ` KL-004-016 6 ,,..._,.-1140 1 7 rt 0 Subwatersheds /� lam`='�, \ ----, ��ai !;:•� Municipal Boundary KL-003-030 , i . I 204 J . c_ + Existing Storm Sewer =' -�" ia4.-- O KL-08 Storm Structures j KL-004-003 * F\ N ~ \.i\ isr i KL 08 Storm Pipes I 44- 71111.1111- ) 1 KL-104-0b4 I L -- �i440#11 KL 08 Proposed Grading - ���� Treated Subwatersheds If 2 Foot Contours, Dakota County, 2011 KL-003-031 .- I t� i10-Foot Contour Ct KL-004-013, �- i ((I Irk• 2-Foot Contour L I \ \ V ill 1 - -- 7- . PI e►y r-� fTrr,_- 1 ( WSW .i 1 r- KL-P4 Pond Expansion j Modify Existing Inlet to cr. ig R 3H:1 V Side Slopes I ' -.. 44 Tie into Proposed Grading - Match Existing Depth \ KL-004-00 2 ir :ram �� - •.mot. gbh 'XJ!I V� �. ..r. O y c ' _ _- twos .---, o ply 1►-5131rd—St w ,— -- --- ---/- Au KL-004-012 - - Irk2 L-003-032 = 5C %/ 0 100 200 r KL-004-001 i `" - — Feet -.` iAiIIPr �ji� 1 inch = 100 feet Re-gent _ _ ) 1 . - \ ` , ` ' (i - •••• ' il I 1 1. i i , a issL. le Li' „tfr• . p \ KL-003-036 �, Appe �/- KL-003-03 K �� - , -003-035 : \_, 1 s .- KL-003-039 Va y L,, ,..o, / , ; I. . - . KL-003-038 ' ` - ��i . • . r I. I�� 1 (.4km ( �' ``• I PROPOSED BMP KL-08 �- • \ 0 I �� te, � - / I - KELLER LAKE WATERSHED a 1 /' I KL-004-008_A Apple Valley, MN ' 7 it / .,f i ; / ,, • / - • / / _ - . L. FIGURE 4-9 BARR Arby's Pond (KL-P4) Stormwater Improvements Feasibility Study Prepared for City of Apple Valley December 2023 ••• •••• ••••• •• •• • • • Apple ,, Valley 4300 MarketPointe Drive,Suite 200 Minneapolis,MN 55435 952.832.2600 www.barr.com Certification I hereby certify that this engineering document was prepared by me or under my direct personal supervision and that I am a duly licensed Professional Engineer under the laws of the State of Minnesota. December 15, 2023 Joshua P. Phillips Date PE#: 58685 Arby's Pond (KL-P4) Stormwater Improvements Feasibility Study December 2023 Contents 1 Introduction & Background 1 2 Data Gathering and Review 1 2.1 Desktop Review 1 2.2 Topographic and Bathymetric Survey 2 2.3 Sediment Sampling 2 2.4 Model Review and Updates 3 3 Concept Analysis 4 3.1 Concept 1: Dredging Only 4 3.2 Concept 2: Dredging, Expansion, and New Trail Corridor 5 3.3 Other Design Considerations 6 4 Project cost considerations 6 5 Permitting Considerations 7 5.1 Construction Stormwater General Permit 7 5.2 Guidance for Managing Dredged Material 8 5.3 Minnesota Wetland Conservation Act 8 5.4 Water Appropriation Permit from the DNR 8 6 Conclusions and Recommendations 8 7 References 9 List of Tables Table 3-1 Summary of Storage Volumes 5 Table 3-2 Summary of High-Water Levels (HWLs) 5 Table 3-3 Summary of Water Quality Impacts 5 Table 4-1 Summary of Concept-Level Costs and Costs-Benefits 7 List of Appendices Appendix A: Topographic and Bathymetric Survey Appendix B: Sediment Analytical Testing Summary Table and Figure Appendix C: Sediment Analytical Testing Report Appendix D: Cost Estimates \\barr.com\projects\Mpls\23 MN\19\23191495 Arbys Pond Stormwater Improve\WorkFiles\Summary Memo\Arby's Pond Stormwater Improvements_v6.docx 1 Introduction & Background Arby's Pond, denoted KL-P4 in the City of Apple Valley's Surface Water Management Plan, is located in the southwest quadrant of the intersection of Cedar Avenue and 153rd Street West. Based on the storm sewer configuration, stormwater leaves KL-P4 and flows in two directions during most storm events—to the Keller Lake and the West Vermillion River subwatersheds. KL-P4 is located just south of a relatively large commercial property and primarily provides stormwater management for that area. Keller Lake is located along the western border of the City of Apple Valley, adjacent to the City of Burnsville. Keller Lake is listed as impaired for aquatic recreation due to excess nutrients and eutrophication, and was included in the Crystal, Keller, and Lee Lakes Nutrient Impairment and Total Maximum Daily Load Report and Earley Lake Water Quality Assessment (MPCA, 2011). The TMDL specified a wasteload load reduction of 130 pounds of total phosphorus (TP) per year from the City of Apple Valley Municipal Separate Storm Sewer System. In 2017, the City of Apple Valley completed the Keller Lake Subwatershed Assessment (City of Apple Valley, 2017) to evaluate options for additional stormwater quality treatment within the Keller Lake watershed. One location identified for potential water quality improvement was an expansion or modification of KL-P4. Since the TMDL was established, the City has implemented various projects to reduce external total phosphorus loading to Keller Lake, but additional stormwater improvements are needed to meet the 130-pound-per-year external TP load reduction goal identified in the TMDL implementation plan. The City contracted with Barr to complete a feasibility study for stormwater improvements at KL-P4 as identified in the 2017 Keller Lake Subwatershed Assessment. The City noted that this feasibility study will help analyze water quality opportunities to further reduce phosphorus discharging to Keller Lake, inform the planning and future needs of neighborhood road reconstruction projects, and provide the required documentation for the city to consider applying for grant funding for future construction. As part of this study, Barr reviewed available data for the site and evaluated the costs, constructability, hydraulic changes, and water quality benefits of alternatives for stormwater improvements to KL-P4. 2 Data Gathering and Review 2.1 Desktop Review Barr compiled and reviewed available data for the site, including the City's Surface Water Management Plan (City of Apple Valley, 2018), the Crystal, Keller, and Lee Lakes Nutrient Impairment TMDL Report and the implementation plan (MPCA, 2011), the Keller Lake Subwatershed Assessment (City of Apple Valley, 2017), and construction plans for public utilities in and around KL-P4, including a storm sewer construction drawing that showed a constructed bottom elevation of 942.0 for KL-P4. Barr also compiled and reviewed soils survey data, public waters inventory data, national wetlands inventory data, LiDAR topography, current and historic aerial imagery, and parcel data and boundaries. Barr also reviewed the MPCA's What's in My Neighborhood (WIMN) web map of environmental sites (https://www.pca.state.mn.us/data/whats-my-neighborhood).The MPCA's WIMN showed various active 1 and inactive tanks in the KL-P4 watershed and three petroleum leak sites (LS0003158, LS0000992, and LS0001826) at a former gas station located near 206 Co Rd 42, Apple Valley, MN 55124. All three leak sites were remediated and are considered inactive. Based on the distance of the leak sites from the project area and the relatively small gas station facility, the petroleum releases are unlikely to have impacted soils or groundwater at the KL-P4 site. However, sediments in KL-P4 could be impacted by contaminants through storm sewer inputs or direct runoff, as is common for stormwater ponds in suburban areas. See the results of the sediment sampling in Section 2.3. 2.2 Topographic and Bathymetric Survey Barr subcontracted with W Brown Land Surveying to conduct a topographic and bathymetric survey of the project area, including inverts and dimensions of all storm sewer pipes, trails, benches, lighting, trees greater than 6" diameter, structures, fences, the edge of nearby roads, and utilities such as sanitary sewer, water, gas, cable, and fiber, as marked based on a Gopher State One Call locate request. Survey results are included in Appendix A. 2.3 Sediment Sampling Barr evaluated sediments from the pond to determine whether sediment, if excavated, could be used as fill, or should be disposed of in a landfill. Barr staff collected sediment samples from two coring locations and sent the samples to Pace Analytical to analyze the following parameters: • Metals: arsenic, barium, cadmium, chromium, copper, lead, selenium, silver, and mercury • Polycyclic aromatic hydrocarbons (PAHs) • Benzene, toluene, ethyl benzene, and xylene (BTEX) • Diesel range organics (DRO) • Gasoline range organics (GRO) Results of sediment testing in KL-P4 indicate concentrations of PAHs in the pond sediments exceed Minnesota's soil reference values (SRVs) criteria for unregulated fill.The PAHs that were analyzed can be grouped into two categories: carcinogenic (i.e., cancer causing) and general. To assess the contamination level of the carcinogenic PAHs in stormwater pond sediment, the MPCA requires the calculation of a "BaP equivalents value." The BaP equivalents value is a single value representing the combined potency of 17 individual carcinogenic PAH compounds with BaP (benzo[a]pyrene) acting as the reference compound. The MPCA guidance document (MPCA 2017) lists the compounds and their respective potency equivalents factors that are used to calculate the BaP equivalents value, along with methods for addressing constituents at concentrations below the detection limit. Concentrations of BaP equivalents in KL-P4 sediment ranged from 1.4 mg/kg to 6.0 mg/kg, which is at or above BaP equivalents value soil criteria for unregulated fill (1.4 mg/kg). The concentrations of BaP equivalents also, on average, exceed Minnesota's Residential SRV (2 mg/kg) but are below Minnesota's Industrial SRV (23 mg/kg). Chromium also exceeded Minnesota's SRVs criteria for unregulated fill, although those results are a bit more complicated. Chromium occurs in the environment primarily in two valence states, trivalent chromium (CR3) and hexavalent chromium (CR6). Typically, pond sediment sampling only tests total 2 chromium levels. When comparing the total chromium levels against the CR3 and CR6 standards, these samples showed total chromium exceeding the hexavalent chromium standard. However, because there is no known source of hexavalent chromium, such as a chrome plating facility, in the vicinity of the pond, it is unlikely that the chromium measured in the sediment is in the hexavalent state. Ultimately, this exceedance is not a significant concern on its own, but additional laboratory testing may be required prior to disposal of the dredged sediment at a landfill. This additional analysis could be done as part of the final design process. Beyond chromium, no other metals, and none of the volatile organic compounds or total petroleum hydrocarbons, exceeded Minnesota's SRVs criteria for unregulated fill. Because the KL-P4 sediment test results indicate the sediment does not meet the MPCA's guidelines for Unregulated Fill, disposal of the dredged sediments must be performed in accordance with the MPCA's guidelines. KL-P4 sediment could potentially be reused as Regulated Fill on a property with industrial or commercial land use designation; however, the additional costs associated with finding a suitable property to accept the material and obtaining MPCA approval to reuse the sediment as Regulated Fill are likely to exceed the costs of landfilling the sediment.Therefore, Barr recommends that the KL-P4 sediment, if excavated, be disposed in a landfill. Barr prepared a summary table of the sediment analytical testing results, which is included in Appendix B, and the full sediment analytical testing report is included in Appendix C. 2.4 Model Review and Updates Barr reviewed the most current versions of hydrologic and hydraulic (H&H) and water quality (WQ) models for the Keller Lake and West Vermillion River subwatersheds in conjunction with available data for constructed redevelopment within the KL-P4 local watershed. Barr revised the existing H&H model to incorporate information from recent site developments in the local watershed and confirmed that approximately 25% of the annual volume leaving KL-P4 is routed to Keller Lake and 75%of the annual volume leaving KL-P4 is routed to the West Vermillion River subwatershed, as originally determined in the 2017 Keller Lake Subwatershed Assessment. KL-P4 has a drainage area of 104.3 acres. The normal water level of KL-P4 is elevation 946.16 feet, which is the invert elevation of a downstream storm sewer pipe draining to the Cedar Avenue trunk storm sewer.This elevation of the downstream storm sewer pipe allows for flow towards the West Vermillion River subwatershed before overflowing to the outlet that leads to Keller Lake at an invert elevation of 946.4 feet. KL-P4 has an existing permanent pool (dead storage) volume of 3.9 acre-feet and an existing flood pool (live storage)volume of 10.9 acre-feet. The H&H model shows that KL-P4 is contained within the pond parcel during a 2-year storm event but surcharges and overtops the low point in the 153rd Street curb during a 10-year storm event at a maximum depth of 0.8 feet along the gutter flow line. During a 100-year storm event, significant portions of 153rd Street and the parking lots at the commercial development north of KL-P4 (north of 153rd Street) are inundated. A preferred outcome of this study was to identify opportunities to lower the peak water surface elevations during the 10-year and 100-year storm events and therefore reduce the areas of inundation. However, based on Barr's review of the H&H model, both storm sewer outlets and both downstream trunk systems are flowing at capacity during these storm events.Therefore, while increasing the flood pool (live storage) 3 volume can provide some benefit, the downstream trunk systems would need to be upsized to significantly lower the peak water surface elevation during these storm events. The City of Apple Valley may want to consider upsizing these trunk storm sewer systems as part of other street reconstruction projects or development in the area.The extent to which upsizing of downstream infrastructure is required was not evaluated as part of this study. The water quality modeling shows that KL-P4 provides significant pollutant load reduction for its size, which can be explained by its drainage area and outlet. The large area of impervious surface that drains to KL-P4 contributes a large pollutant loading to the pond. Additionally, the restricted outlet drains the pond slowly and allows for high settling of sediment and phosphorous. The high sediment capture in KL-P4 indicates that maintenance (i.e., sediment removal) may be needed more frequently than typically required for stormwater ponds. 3 Concept Analysis Barr worked with city staff to develop conceptual designs and assess the feasibility and benefit of those concepts.The following sections describe Barr's data sources, assumptions, and methodology for the analysis. Barr also evaluated the impacts to high water levels, evaluated the total phosphorus reductions, estimated the total construction costs, and calculated the cost-benefit for each alternative. The concept designs were intended to maintain or expand KL-P4 to restore or increase water quality treatment. The proposed alternatives include either 1) performing pond maintenance by solely dredging accumulated sediment in the pond footprint or 2) dredging the existing pond, expanding it to the west, north, and east, and constructing a new trail to the north along 153rd Street.The design sought to maximize the space available while preserving or relocating site features. Barr used the H&H model to evaluate the routing, flows, and high-water levels of the various concepts. Barr used the WQ model to evaluate the pollutant removal efficiency of each concept. Water quality modeling for each concept incorporated differences in the proposed storage volume for KL-P4. The following sections include a summary of each concept. Table 3-1 provides a summary of existing and proposed pond storage volumes, Table 3-2 provides a summary of high-water levels, and Table 3-3 provides a summary of water quality impacts. Figures of each concept are enclosed at the end of the report text. For simplicity, the concept design figures do not show the existing contours or bathymetry in the areas of proposed improvement, however, these can be viewed in the topographic and bathymetric survey in Appendix A, for reference. 3.1 Concept 1 : Dredging Only Figure 1 shows Concept 1, which consists of dredging the east and west sides of KL-P4 down to an elevation of 942.0 feet, which is the originally constructed depth based on available record drawing information. While the pond appears to have been constructed to a bottom elevation of 942.0 feet, the pond currently extends to elevation 940.0 feet in the very middle, which may be due to scour or other modifications since the original construction. Barr's current design does not include any dredging below 942.0 feet, but this design consideration is discussed in more detail in Section 3.3. Concept 1 provides an 4 increase of permanent pool (dead storage)volume and improved pollutant removals but does not change the peak water elevations for KL-P4 because the available flood storage for the pond does not change. 3.2 Concept 2: Dredging, Expansion, and New Trail Corridor Concept 2 is shown in Figure 2. Similar to Concept 1, Concept 2 includes dredging the east and west sides of KL-P4 down to an elevation of 942.0 feet, but also consists of expanding the pond approximately 120 feet to the west, up to 40 feet to the north, and 10-15 feet to the east, to maximize the available ponding space. Concept 2 provides an increase of both the permanent pool (dead storage) volume and the flood pool (live storage) volume, which results in an increase in estimated total phosphorus removals.The pond expansion also decreases the 2-year and 10-year peak water elevations for KL-P4 but does not change the 100-year peak water elevation, for the reasons noted in Section 2.4. As requested by the City, Concept 2 also provides a new trail along the south side of 153rd Street to connect trails along Cedar Avenue to trails at Pennock Park, located northwest of KL-P4 and west of Pennock Lane.This new trail will require a 650-foot-long retaining wall between the trail and the pond, where the pond is closest to the road, to allow for reasonable trail grades without reducing the pond footprint in this area. Table 3-1 Summary of Stora•e Volumes 111.11 Sce Permanent pool Increase in permanent Flood pool volume Increase in flood pool volume (acre-feet) pool volume(acre-feet) (acre-feet) volume (acre-feet) Existing 3.9 - 11.2 - Concept 1 5.4 1.5 11.2 0 Concept 2 7.7 3.8 13.3 2.1 Table 3-2 Summary of High-Water Levels (HWLs) Scenario 2-year HWL(fee 10-year HWL(fe- 100-year HWL(feet) Existing 948.8 950.8 952.9 Concept 1 948.8 (no change) 950.8 (no change) 952.9(no change) Concept 2 948.4 (0.4 ft decrease) 950.5 (0.3 ft decrease) 952.9(no change) Table 3-3 Summary of Water Quality Impacts * Increase in TP TP Loading TP remov Removal Increase in TP Scenaric] (lb/year) (lb/year) (%) removal Removal (%) (lb/year) Existing 133.6 64.2 48.1% - - Concept 1 133.6 64.9 48.6% 0.7 1.1% Concept 2 133.6 70.2 52.5% 6.0 9.3% 5 3.3 Other Design Considerations Barr considered and discussed with Apple Valley staff, a number of other alternatives to improve KL-P4. Barr considered constructing or retrofitting an aquatic and safety bench 10 feet in width with a slope of 10 feet horizontal to 1 foot vertical extended into the pond from the shoreline at the normal water level. However, due to the lack of an existing aquatic and safety bench, limited pedestrian traffic near the pond, and the limited space available within the parcel; the city requested that instead of constructing a bench around the perimeter, we proposed a fence around the pond to keep pedestrians away from the water. Barr also considered modifying the outlets from KL-P4 to have the pond discharge in only one direction, rather than two, to simplify the hydraulics and routing of the city's drainage infrastructure. However, both downstream storm sewer systems have insufficient capacity to handle additional flow during storm events and the two downstream discharge directions are part of different major subwatersheds and watershed management organizations (Black Dog WMO and Vermillion River Watershed JPO).As noted in Section 2.4, approximately 25% of the annual volume leaving KL-P4 is routed to Keller Lake and 75% of the annual volume leaving KL-P4 is routed to the West Vermillion River subwatershed. Rerouting stormwater from one subwatershed to another would require a larger scale analysis to evaluate the feasibility and downstream impacts of this design consideration, therefore this alternative was not evaluated further. In addition, Barr considered modifying either or both of the outlets from KL-P4 to provide extended detention during small storm events. This is commonly completed using a weir and low-flow orifice to restrict discharge rates during smaller storm events to provide additional settling and water quality treatment. However, as noted above, rerouting stormwater from one subwatershed to another would require a larger scale analysis to evaluate the feasibility and downstream impacts. Furthermore, the east outlet that flows towards the West Vermillion River subwatershed acts as both an inlet to and an outlet from the pond and this pipe is fully submerged at the pond.The west secondary outlet that flows toward Keller Lake is not submerged. These complex hydraulics prohibit the ability to restrict flows for extended detention while also matching discharge rates and volumes to the respective downstream water bodies. 4 Project cost considerations This section presents the cost considerations of the evaluated concepts.Table 4-1 provides a summary of concept-level costs and costs-benefits. Detailed cost estimates are included in Appendix D. Barr's opinion of probable cost is a Class 4 feasibility-level cost estimate as defined by the American Association of Cost Engineers International (AACI International). The cost estimate assumes a 25% construction contingency and that costs associated with design, permitting, and construction observation (collectively"engineering") are assumed to be 25% of the estimated construction costs. The Class 4 level cost estimates have an acceptable range of between -15%to -30% on the low range and +20%to +50% on the high range. Based on the development of concepts and initial vetting of the concepts by the City of Apple Valley, Barr assumes the final project costs may be between -15% and 6 +25% of the estimated project cost.The total construction cost estimates for each recommended alternative do not include the cost of feasibility design. The 30-year cost for each alternative is calculated as the future worth of the initial capital cost (including contingency and engineering costs) plus the future worth of annual maintenance. The life span for each proposed concept was assumed to be 30 years.A 4% rate of inflation is assumed. The annualized cost for each alternative is calculated as the value of 30 equal, annual payments of the same future worth as the 30-year cost. The annualized pollutant-reduction cost for each alternative is the annualized 30-year total project cost divided by the estimated annual TP loading reductions. To better compare the water quality benefits of each concept, Barr reported the Concept 2 annualized costs and costs-benefits with and without the capital costs associated with the construction of the new trail and retaining wall. Table 4-1 Summary of Concept-Level Costs and Costs-Benefits I Increase in TP UMIMI-Concept-Level Concept-Level Annualized Benefit- Removal (lb/year) Construction Cost Estimate Annualized Cost 1 Cost($/lb-TP/year) Concept 1 0.7 $438,00 $32,316 $46,166 $1,276,000 (including trail/wall) $87,053 Concept 2 6.0 $932,000(excluding trail/wall) $67,170 '11,195 1 Annualized costs include estimated annual maintenance. Concept 1 provides lower pollutant removals but at a lower cost. Concept 2 results in higher pollutant removals but also higher costs. When comparing annualized cost per pound of TP removed, Concept 2 is significantly more cost effective than Concept 1. Barr anticipates that rising prices in recent years for construction has contributed, and will continue to contribute, to higher annualized costs for water quality improvement projects, especially in highly urbanized/retrofit situations. 5 Permitting Considerations The proposed project is expected to require one or more of the following permits/approvals: • Construction Stormwater General Permit from the MPCA • Compliance with the MPCA's guidance for managing dredged material • Compliance with the Minnesota Wetland Conservation Act 5.1 Construction Stormwater General Permit A National Pollutant Discharge Elimination System (NPDES)/State Disposal System (SDS) Construction Stormwater General Permit from the MPCA authorizes stormwater runoff from construction sites. A Construction Stormwater General Permit is required if the proposed project would disturb more than one acre of soil, above the normal water level only. Preparation of a stormwater pollution prevention plan explaining how stormwater would be controlled within the project area during construction would be required, likely only for Concept 2, as part of this permit. 5.2 Guidance for Managing Dredged Material Dredged material is defined as waste by Minnesota Statute 115.01, and the management and disposal of dredge material is regulated by the MPCA. It is anticipated that sediment dredged as part of the proposed project, for either concept, would be removed from the project site and disposed of at an appropriate landfill, in compliance with the MPCA's guidance for managing dredged materials. 5.3 Minnesota Wetland Conservation Act The Minnesota Wetland Conservation Act (WCA) was enacted to protect wetlands not protected under the Minnesota Department of Natural Resources public waters work permit program. The WCA regulates filling and draining of all wetlands and regulates excavation within Type 3, 4, and 5 wetlands. The WCA is administered by a local governmental unit (LGU), and it is expected that the City of Apple Valley will be the LGU for WCA-regulated wetland impacts associated with the proposed project. Barr has not performed a field wetland delineation, but KL-P4 was constructed as a stormwater pond in 1975 in an upland area, as part of development in the area. Therefore, we expect that KL-P4 would be classified as an incidental wetland, which is not regulated under the WCA. This can be confirmed by the LGU during the design process. If required, a delineation could be performed at that time. 5.4 Water Appropriation Permit from the DNR During pond maintenance or construction projects, contractors often performed temporary construction dewatering in the excavation area to temporarily dewater the pond and/or lower the groundwater level. Temporary construction dewatering may be needed as part of dredging or an expansion to KL-P4. The Minnesota Department of Natural Resources (DNR) is responsible for managing groundwater availability and ecological impacts and a water appropriate permit from the DNR is required for all users withdrawing more than 10,000 gallons of water per day or 1 million gallons per year.The temporary construction dewatering is expected to exceed this threshold; therefore, a water appropriation permit from the DNR will likely be required as part of this work. 6 Conclusions and Recommendations Both Concept 1 and Concept 2 are realistic options for either maintaining or expanding KL-P4.Assuming funding is available, Barr recommends proceeding with Concept 2, as this concept 1) maintains and improves stormwater treatment, rather than simply maintaining the existing infrastructure; 2) takes full advantage of the available space to make progress toward meeting the Keller Lake TMDL load reduction goals; and 3) provides an amenity to residents by expanding the trail. City staff reviewed and considered the concept designs and costs, and directed Barr to proceed with preparing preliminary design drawings and opinions of probable cost based on Concept 2 to include both dredging and expansion of KL-P4. 8 7 References Minnesota Pollution Control Agency(MPCA). 2017. Managing Storm water Sediment, Best Management Practice Guidance, document wq-strm4-16. Minnesota Pollution Control Agency(MPCA). 2011 Crystal, Keller, and Lee Lakes Nutrient Impairment and Total Maximum Daily Load Report and Early Lake Water Quality Assessment. 2011. Prepared by Barr Engineering Co. City of Apple Valley. 2017. Keller Lake Subwatershed Assessment. Prepared by Barr Engineering Co. City of Apple Valley. 2018.Surface Water Management Plan. Prepared by Barr Engineering Co. 9 j/ 9! 7 yp-s ,, y p 1 _, t� HI W ® - � �, .� a I •_- � �, 1 r _ �- II lop i� ..�Y� A s. .. - y955,,,.. ist' ow , i - �I '=Y^ , - I A j'91 Na MI. 9'd 6 . .,t, '.rU' '. f /�-_ �' _— -� � trA, s • _ ,ior • ` e GROUP % ,s cL �� • /o Inspire B ands.Taz De t' '1 �' L vov5$'• t R roup at - ' -� - — ` -- 1I-1 .IS11 I I .I� 1 I�`'�' a P a a Cs • %Health partners Real Estate . 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O i P x- L Y - ,ti, ' ' 2 .:214% Atliktal ' "....,._ ei - -4. . `'.--;,.......4416.. it Ali LEGEND Pond Footprint 0 Light Poles •��••� •••• Existing Trail/Pavement (7 Existing Tree to Remain ••• 1 New Trail/Pavement 0 New Tree Concept 2 Earthwork Cut: 10,544 CY Apple II Parcel Boundary 1.1 Wet Meadow Plantings Fill: 330 CY Imagery:Nearmap,4/18/2023 - ExistingStorm Sewer Existing Contours Net: 10,214 CY Cut Va i i e 4 y Proposed Storm Sewer 'N..i Major Contour Pipe Removal Minor Contour 0 80 160 CONCEPT 2 DREDGING, EXPANSION, AND TRAIL Existing Fence Proposed Contours Feet ARBY'S POND (KL-P4) �, Major Contour x —x Proposed Fence STORMWATER IMPROVEMENTS 1 inch = 80 feet Apple Valley, MN - Retaining Wall Minor Contour GUR: , CONCEPT 1 : DREDGING ONLY CONCEPT 2 : DREDGING, EXPANSION, AND TRAIL 965 965 965 965 960 - 960 960 960 EXISTING FENCE IIh-----EXISTING FENCE I'` I \ /-'`I`N 955 ‘ �,� N 955 955 , r / \\ - 955 \N / \\\ \N. /~ \\\ PROPOSED FENCE \ J \ I 8-FT WIDE BITUMINOUS \ PROPOSED FENCE \ PATH WITH 2 FT SHOULDER \ 153RD STW \ \ J _ \ TOP OF WALL VARIES _ 153RD ST W \ / - \ 950.0-953.0 / / 950 \\ // 950 950 \\ / 950 MODULAR BLOCK I / \ / \ RETAINING WALL // // II \ / / I \ // \ BOTTOM OF WALL EL.947.0 / I I - v NWL 946.2 _ _ _ _ _ // _ p NWL 946.2 _ _ _ _ // = 7 TIE-IN ELEVATION VARIES - / 945 A // TIE-IN ELEVATION VARIES 945 945 946.0-947.0 \� // 945 945.0-946.0TIE-IN ELEVATION VARIES ---- 945.0-946.0n `y 4-. '"L M EL.942.0 EL.942.0 940 940 940 940 935 935 935 935 0+00 1+00 2+00 0+00 1+00 2+00 (CROSS SECTIONS ARE TOWARD THE EAST END OF THE POND) ... ...• ..... .... ... Apple II Valley CROSS SECTIONS ARBY'S POND (KL-P4) STORMWATER IMPROVEMENTS Apple Valley, MN FIGUR Appendix A Topographic and Bathymetric Survey TOPOGRAPHIC SURVEY FOR: BARR ENGINEERING 153RD STREET WEST 0 STS CB RIM=953.0 - --- STS CB STS MH CB - :NV=94E5 ��_ 95� ---" n 03 ��a 106 107 +a 1 111 E ._" _._.._.._.._.._.._.._.._.._. RIM_9506 12"RCP CB 50.1 RIM_950.57 12"RCP STS CB STS=9 E Ic I __ ___________ _ _ _ �,�_ - 951 -943.30 RIM=950.65 RIM=951.1 ;iw - 95- - 953 _ V=947.7 - - E E--- E E -- E 1 os 1 o E GTr- — G� .._.._.._._ g ................_._._G ._._.___.._.___.._ .. .,-4:.„G .... .. ... . `G...... '�h. ...G... ".G .._._._. _._951_.._.._.._..95 _ - --- � / 95 INV 94748 IN 0 g5 9S \ 12"R P I� 5 _ ` :9.._4.E._9____________IGNV.=_q._4.6_5..6_,..:..4.._.._4._._- G_._.._.._._.._.. E�C7 y 953 950 949 948 .` � - - i� 95�aa 952 952 �� 95 _ 1 9 950 _J; 950 , � 9 __ _ _ _._.._.._.._.LII E. _ _� G__ LI�.._.._7 \ ____E. 952 - -b 951 94 f0 _ ._....952 �� .,. �7�•r T ! 0. �f..� S?U— 95� �,dg948 1� �i�.' j�i ,10 9 ._.._...G._._.._.._.._ -E 951 95049 � !ce �21g46 944 ,94 944 tiL'i% __ .a gy 94 948 947- EN ® 94: EZI 9143 D.-� g5 0 W 4 r � 1`1 1 gy2 g6o 947 D 0 944 ® 4 8 1 44 94. 950 O r 946 at gagl gq4 POND - 942 .�. Q _ C7 . 0., ' 947 J 0 6"FLARE END - ® TOP OF WATER 94 ®• 94J ge ® N •, ,., •,... Z DJ INV=945.4 '9v�,� $ MAY 1ST, 2023 � ` Q ,„. "' 4"FLARE END �+ 9, n NV=946.2 FM :o o� ` U ("V a 9 z. � S� 12"RCP124FLAREEND I, 2� ® Em 943 944 �� ,Ar' 0 P OM — f 944 \ 42"FLARE ENS o o, ki •qq T 944 945 •'y 0 12"RCP I INV=946.4 944 aii au 944- INV=941.6 ,�, ]l " � Ct 'os 'r/ 946 yy EMID� g45�ti \ .-�� a 1 ZIE •4 •. f - �.,a 946 ® .. 1 algti �c 'E3*��i;ll��1 s45 ii ,a� v. �� .v s45 sas ' Q STS MH `9 - -- • �- •4 - li - - -. 3s�r �r _ 947 • f ,'�r'7aK,•r.r — - sa W , RIM=954.15 a 948 ' 947 �. �A ERi[XlY��;� 1�LL2.n�6r� liCzif!`J1 �V S/� *�lti 8� m 994 U �r.f:1� ya948 g48 946 948 � 1Yf..; 1/���Tall1- 2 t INV=948.25 o: 949 948 94. it��� 1�It� 1�=� �� i 7 i _��'#M�_�...1)(i� �RL73i1 gM.1 4�f� 948 949 4, V awT.f 949 `� •49 s4 949 •, ' Si w�►+�1�1.7���1r G i yW w sa Rc IX h� 950 - 95• 950 •50 ss1 ssr 951 950 sso ss ♦��'7�' 951 ss1 # ���� -' ss �� '_ 950 ^���� sso �'+Itril ► sso ���.�,L.S� , . Yfft�is 'T' ssa a 952 952 951- 951t�� ����• STS CB 952 952 951 9s2 952 jy RIM=952.7 952 -953 STS MH •53 •52 -952 952 952 953952 953 I INV=942.8 • 95 954 954- -954 954 —� 954 INV=940.7 U` 9s3 953 953 953 954 9s3 953 953 _953 y 954 955 954 RIM=953.5 . 9`SS yis .+��•54 ��954 954 -954 954 -- 955 955 955 955 955 955 955- 9 `9S VI u u—u-954 u u n�T955u u n n u u n n955 u u n n u a n n—u u n n u 956 956—�� 956 956 956 `' `9 i � V �•S�n uuu—uuuuuu .. .. uuuuuu .. .. uunuu � ni�s6 nun ..—.. .. uuuauuau�956 u—uuuauuau—uu� \ an . U ce v _TREE INVENTORY TREE NO. TYPE DIAMETER NOTES 100 DECIDUOUS 12 101 DECIDUOUS 12 LEGEND 102 DECIDUOUS 12 103 DECIDUOUS 12 104 DECIDUOUS 12 105 DECIDUOUS 12 Fence 106 DECIDUOUS 12 —E Underground Electric 107 DECIDUOUS 12 TREETRTYPEEE VENTDIAMETER AME R NOTES 108 DECIDUOUS 10 —FO Underground Fiber Optic 109 DECIDUOUS 12 149 COTTONWOOD 12 G Underground Gas 110 DECIDUOUS 10 150 COTTONWOOD 18 STS Storm Sewer 111 DECIDUOUS 10 151 MAPLE 18 0 Electrical Transformer 113 DECIDUOUS 6 152 MAPLE 10 114 DECIDUOUS 6 153 MAPLE 15 ® Storm Catch Basin Storm116 DECIDUOUS 8 Catch Basin 154 COTTONWOOD 24 117 DECIDUOUS 6 155 COTTONWOOD 24 J Storm Manhole 118 DECIDUOUS 6 156 MAPLE 20 ® Electric Manhole 119 DECIDUOUS 6 157 MAPLE 15 120 DECIDUOUS 6 159 MAPLE 18 Light Pole 121 DECIDUOUS 12& 10&8 159 COTTONWOOD 24 Traffic Signal 122 DECIDUOUS 6 160 MAPLE 15 123 DECIDUOUS 10 161 ELM 12 X 900.0 Existing Elevation 124 DECIDUOUS 6 125 DECIDUOUS 14 162 MAPLE 20 X 900.OTC Top of Curb Elevation 126 DECIDUOUS 6 163 MAPLE 10 ---900' Existing Contour 127 DECIDUOUS 6 164 MAPLE 18 128 DECIDUOUS 6 165 MAPLE 15 129 DECIDUOUS 6 166 MAPLE 20 130 DECIDUOUS 6 167 MAPLE 12 131 DECIDUOUS 6 168 MAPLE 15 132 DECIDUOUS 6 133 DECIDUOUS 6 169 MAPLE 12 134 DECIDUOUS 6 170 MAPLE 12 135 DECIDUOUS 6 171 MAPLE 10 136 DECIDUOUS 6 172 MAPLE 18 137 DECIDUOUS 6 173 MAPLE 10 138 DECIDUOUS 6 174 MAPLE 12 139 DECIDUOUS 6 175 MAPLE 15 140 DECIDUOUS 6 141 DECIDUOUS 6 176 MAPLE 10 142 DECIDUOUS 6 177 MAPLE 15 GENERAL NOTES: 143 DECIDUOUS 12 178 MAPLE 15 144 DECIDUOUS 12 179 MAPLE 10 �� • Existing building dimensions are measured to siding and not building foundation. 145 DECIDUOUS 12 180 MAPLE 10 146 DECIDUOUS 12 181 MAPLE 12 • No title commitment was provided and no research was performed for any easements 8 MAPLE 8 182 MAPLE 18 40 0 40 80 not shown on this survey. 147 MAPLE 10 148 COTTONWOOD 15 183 MAPLE 18 • Location of utilities shown are from observed evidence in the field and/or plans 10 COTTONWOOD 12 184 MAPLE 24 furnished by others and are considered approximate. Gopher State One Call or a private utility locator should be contacted to locate utilities on site before excavation. SCALE IN FEET JOB NO. SCALE REVISIONS I hereby certify that this survey, plan, or report was prepared by me or under my 69-23 1" =40' DATE REMARKS direct supervision and that I am a duly registered Land Surveyor under the laws of W. BROWN LAND SURVEYING, INC. DRAWN the State of Minnesota. ��] 8030 OLD CEDAR AVENUE SO.,SUITE 228 BOOK/PAGE GUS W.BROWN LAND SURVEYING,INC. Y Y BLOOMINGTON,MN 55425 NA REFERENCE p PH:(952)854-4055 D WBROWNLANDSURVEYING.COM SHEET DATUM: DATED: 05-09-2023 EMAIL:INFO@WBROWNLANDSURVEYING.COM Dakota County NAD 83(1996 Adjustment)NAVD 1988 1 of 1 24x36 WOODROWA.BROWN,R.L.S.MN REG 15230 Appendix B Sediment Analytical Testing Summary Table and Figure Table 1 Sediment Analytical Results Summary City of Apple Valley Arbys Pond Stormwater Improvements Location SED-01 SED-02 Date 5/17/2023 5/17/2023 Depth 0-1.9ft 0-2.6ft MPCA Industrial/ MPCA Residential/ MPCA Residential/ Commercial Chronic MPCA Screening Soil Recreational Acute Soil Recreational Chronic Soil Reference MPCA Criteria for Parameter Units Leaching Values Reference Values Soil Reference Values Values Unregulated Fill Last Updated 06/01/2013 03/01/2023 03/01/2023 03/01/2023 06/22/2009 Exceedance Key Bold No Exceedances Underline No Exceedances Shade General Parameters Moisture % 27.9 40.2 Metals _ Arsenic mg/kg 5.8 9 BTV(a) 9 BTV(a) _ 9 BTV 5.8 _ 1.9 1.9 Barium mg/kg 1700 260 3100 41000 260 _ 66.8 60.4 Cadmium mg/kg 8.8 9.1 1.6 _ 23 1.6 _ 0.22 0.20 J 1000000000 CR3 23000 CR3 100000 CR3 23000 17.4 32.4 _ Chromium mg/kg 36 CR6 2.3 CR6 62 CR6 2.3 17.4 32.4 Copper mg/kg 700 120 2200 33000 120 22.8 21.4 Lead mg/kg 2700 200 460 200 22.5 13.0 Mercury mg/kg 3.3 MC 2.7 3.1 2.7 0.019 J 0.021 J Selenium mg/kg 2.6 78 1200 2.6 <0.45 U <0.52 U Silver mg/kg 7.9 78 1200 7.9 <0.048 U <0.056 U PAHs,Carcinogenic 3-Methylcholanthrene mg/kg T T T <0.0031 U <0.0038 U 5-Methylchrysene mg/kg T T T 0.0913 0.0444 7,12-Dimethylbenz(a)anthracene mg/kg T T T <0.00065 U <0.00079 U 7h-Dibenzo(c,g)carbazole mg/kg T T T 0.0277 <0.0068 U Benz(a)anthracene mg/kg T T T 0.739 0.183 Benzo(a)pyrene mg/kg 1.4 T 2 BTV T 23 T 1.4 1.09 0.259 Benzofluoranthenes mg/kg T T T T 2.07 0.54 Chrysene mg/kg T T T 1.07 0.347 Dibenz(a,h)acridine mg/kg T T T 0.0554 0.0198 Dibenz(a,h)anthracene mg/kg T T T 0.192 0.0512 Dibenzo(a,e)pyrene mg/kg T T T 0.481 0.109 Dibenzo(a,h)pyrene mg/kg T T T 0.221 0.0567 Dibenzo(a,i)pyrene mg/kg T T T 0.13 0.0287 Dibenzo(a,l)pyrene mg/kg T T T 0.0327 <0.0024 U Indeno(1,2,3-cd)pyrene mg/kg T T T 0.903 0.236 B(a)P Equivalent,Kaplan-Meier mg/kg 1.4 T 2 BTV T 23 T 1.4 6 1.4 PAHs,General 2-Methylnaphthalene mg/kg 39 580 39 0.0052 J <0.0030 U Acenaphthene mg/kg 81 460 6800 81 0.0272 0.0140 J Acenaphthylene mg/kg NA 0.0106 J <0.0019 U Anthracene mg/kg 1300 2800 42000 1300 0.101 0.0369 Benzo(g,h,i)perylene mg/kg NA 0.869 0.264 Fluoranthene mg/kg 670 210 2700 210 1.56 0.476 Fluorene mg/kg 110 390 5800 110 0.0409 0.0261 Naphthalene mg/kg 4.5 81 280 4.5 0.0065 J 0.0055 J Phenanthrene mg/kg NA 0.521 0.257 Pyrene mg/kg 440 220 3200 220 1.32 0.461 Volatile Organic Compounds Benzene mg/kg 0.017 9.5 42 0.017 <0.0087 U <0.0135 U Ethyl benzene mg/kg 1.0 190 480 1.0 <0.0123 U <0.0192 U Toluene mg/kg 2.5 820 820 2.5 <0.0271 U <0.0421 U Xylene,total mg/kg 5.4 M 260 XYL 260 XYL 5.4 <0.0271 U <0.0421 U Total Petroleum Hydrocarbons Diesel Range Organics,silica gel cleanup mg/kg 100 24.5 11.4 Gasoline Range Organics,C6-C10 mg/kg 100 <3.5 U <4.4 U Data Footnotes and Qualifiers Barr Standard Footnotes and Qualifiers J Estimated detected value.Either certain QC criteria were not met or the concentration is between the laboratory's detection and quantitation limits. U The analyte was analyzed for,but was not detected. MPCA Screening Soil Leaching Values CR3 Based on the value for chromium,trivalent. CR6 Based on the value for chromium,hexavalent T Value represents a criteria for the total carcinogenic PAHs as B(a)P M Value represents the criteria for mixed Xylenes. MC Mercury as Mercuric Chloride. NA Criterion value is not available for this analyte. MPCA Residential/Recreational Acute Soil Reference Values (a) Arsenic acute SRV is set to BTV. Background Threshold Values(BTVs).Not calculated health based SRVs.The calculated SRVs were determined to be below background BTV values.Please refer to the"Background Threshold Value Evaluation"document for additional information.It is not appropriate to include BTVs in additivity calculations. T Value represents a criteria for the total carcinogenic PAHs as B(a)P MPCA Residential/Recreational Chronic Soil Reference Values (a) Arsenic acute SRV is set to BTV. Background Threshold Values(BTVs).Not calculated health based SRVs.The calculated SRVs were determined to be below background BTV values.Please refer to the"Background Threshold Value Evaluation"document for additional information.It is not appropriate to include BTVs in additivity calculations. CR3 Based on the value for chromium,trivalent CR6 Based on the value for chromium,hexavalent T Value represents a criteria for the total carcinogenic PAHs as B(a)P XYL Value represents the criteria for xylenes(mixed isomers). MPCA Industrial/Commercial Chronic Soil Reference Values Background Threshold Values(BTVs).Not calculated health based SRVs.The calculated SRVs were determined to be below background BTV values.Please refer to the"Background Threshold Value Evaluation"document for additional information.It is not appropriate to include BTVs in additivity calculations. CR3 Based on the value for chromium,trivalent CR6 Based on the value for chromium,hexavalent T Value represents a criteria for the total carcinogenic PAHs as B(a)P XYL Value represents the criteria for xylenes(mixed isomers). Page 1 of 1 6/5/2023 \\barr.com\projects\Mpls\23 MN\19\23191495 Arbys Pond Stormwater Improve\WorkFiles\DATA MGMT\Table 1 -Sediment Analytical Results Summary.xlsx a § y 13 '.:: ...L._-___..:.17"._:f ci,".--.*„.7..0..„ '4..;i1EH.fr,,,4*,*' , ,, FIT .. ; ' 4 Pli"A,',el, - i - '4, ril'7:11‘ rill. ___.....--' -'`, i,), • ''' I art alffli 6 ] i "' ;.• I'-.9+ :_ dir M y _h `.� f �'a .:.,.i 5 $ a' �,,} `�.lir^ti ?,;'-''',...Tit. ii I % /� a.. �', �, S = 1k: N � - I � !.—l ' I- ✓�- P#" :b�$Y7 erg` _L 4 /I __ 1►.- ' •'. M , I'riiir . r cam , '� a � �.���, L. ^> • • e GROUP •4 APPLE VALLEY MINNESOTA R LTY LTC, PARK JUNG JA I `'' {;r- , a. a. sp _ . -• %Healthpartners Real Estate . • '' •�'' sx .,.;► ,, ' r. "ate rt>" %Tim Realty'Holdmgs Llc %Inspire Brands;Taz Dep •t' r' veep,, . RO Y q �' ..—. .. f I� ia m! AL Y J«� L— m�• — 50— Vitv, ! I r 1 d o ✓ —a u ■1._ —E — • — - —� -_ .:, I I - - - - ° - - - - - - 1 3 rd.ST - N per ,1 .• 950, o ,, -� J 950 , -, ,, '_ Q — — SEDraii ' '-'"..14atilow -,, -,i''', ,. \ ' a` 23 W't• W- CITY OF APPLE VALLEY A r b y S Pno n _,., s:t O. I SED-01 7100 147th St W ;P > (NIA a 01,',,, f I e r f, I t M f , N �yy� v 11 �', '" .:'- .\ ,.u.?' ::`,�v^a{'"': ''-{ , 7 rl '.1 .4 t ,rF'' � i 6 �r u' 5 ....'f,,i, fA io . ift L � _ .. -wv ' ws '-, �� as /, 7 fC -., ..e..wsv e.. Yv.,.. '�'F Y@ w.,.-•rlb,x+',... 950 O : ,,.: x .. -c:. a'®'�i�" raar.+e� ,' r't:..:t .,v ,.2t. •J�if✓ - dr, t l:,. �� 950 _ .. ., . aelY ^ Yevw rr.,e, `' ..fir / u •--'.. 5 ;.�, ,,.. • . .- �': .fF . \ • 1 c^w" • •_`9C, _ -,',:eimr,. .:, .. l;p•. ,,,v.,. S 7" -�.,,_�Sl� r._ L j 3��3c - ,r"- t,F r-n-� C 955' �— r ,. ..4 ,450.4�'. - '• ` '` tea` , Ta ,. . s . .j.5. �I 4 , I, - t,� d y. v 955 �955 955' 14`` a _ 1 ... , , \ilia \ It* _ 5' ;. 1 N illit- . :11 t '' . ,,:- del l ii- o ( c�} .,_ '�'"`' �,, - +•'� '.v` �, / `�,�' Jam.► Iw- � •: ;�� 3!:' , �.. o V /= � ��' * 1 1, k' arm" ., l fl. � =�' w l -r o ,r IN II ,. �� _ ', m • ' 7.• LEGEND ••• O Sediment Sampling Location Existing Contours •••• •••• Parcel Boundary i Major Contour ••• 'N.., . Existing Trail/Pavement Minor Contour le Existing Storm Sewer Imagery:Nearmap,4/18/2023 App Existin Fence \(aIIe ( g 4 0 Light Poles 0 80 160 SEDIMENT SAMPLING LOCATIONS ARBY'S POND (KL-P4) Feet STORMWATER IMPROVEMENTS 1 inch = 80 feet Apple Valley, MN FIGURE 4 Appendix C Sediment Analytical Testing Report aceAnalytical Pace Analytical Services,LLC ® 1700 Elm Street Minneapolis,MN 55414 www.pacelabs.com (612)607-1700 May 31, 2023 Kevin Menken Barr Engineering 4300 MarketPointe Drive Suite 200 Minneapolis, MN 55435 RE: Project: 23191495 Arbys Pond Pace Project No.: 10653743 Dear Kevin Menken: Enclosed are the analytical results for sample(s) received by the laboratory on May 17, 2023. The results relate only to the samples included in this report. Results reported herein conform to the applicable TNI/NELAC Standards and the laboratory's Quality Manual,where applicable, unless otherwise noted in the body of the report. The test results provided in this final report were generated by each of the following laboratories within the Pace Network: • Pace Analytical Services-Minneapolis If you have any questions concerning this report, please feel free to contact me. Sincerely, Martha Hansen martha.hansen@pacelabs.com (612)607-6451 Project Manager Enclosures cc: Barr DM, Barr Engineering Terri Olson, Barr Engineering Company Accounts Payable, Barr Engineering �pQ NC�FO 2� C, REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, 9e0 * without the written consent of Pace Analytical Services,LLC. Page 1 of 24 Pace Analytical Services,LLC ® 1700 ElmMN Street aceAnalytical Minneapolis,MN 55414 www.pacelabs.com (612)607-1700 CERTIFICATIONS Project: 23191495 Arbys Pond Pace Project No.: 10653743 Pace Analytical Services,LLC-Minneapolis MN 1700 Elm Street SE, Minneapolis,MN 55414 Mississippi Certification#:MN00064 A2LA Certification#:2926.01 Missouri Certification#: 10100 Alabama Certification#:40770 Montana Certification#:CERT0092 Alaska Contaminated Sites Certification#: 17-009 Nebraska Certification#: NE-OS-18-06 Alaska DW Certification#:MN00064 Nevada Certification#:MN00064 Arizona Certification#:AZ0014 New Hampshire Certification#:2081 Arkansas DW Certification#:MN00064 New Jersey Certification#:MN002 Arkansas WW Certification#:88-0680 New York Certification#: 11647 California Certification#:2929 North Carolina DW Certification#:27700 Colorado Certification#: MN00064 North Carolina WW Certification#:530 Connecticut Certification#:PH-0256 North Dakota Certification(A2LA)#: R-036 EPA Region 8 Tribal Water Systems+Wyoming DW North Dakota Certification(MN)#: R-036 Certification#:via MN 027-053-137 Ohio DW Certification#:41244 Florida Certification#:E87605 Ohio VAP Certification(1700)#:CL101 Georgia Certification#:959 Oklahoma Certification#:9507 GMP+Certification#:GMP050884 Oregon Primary Certification#: MN300001 Hawaii Certification#:MN00064 Oregon Secondary Certification#: MN200001 Idaho Certification#: MN00064 Pennsylvania Certification#:68-00563 Illinois Certification#:200011 Puerto Rico Certification#:MN00064 Indiana Certification#:C-MN-01 South Carolina Certification#:74003001 Iowa Certification#:368 Tennessee Certification#:TN02818 Kansas Certification#: E-10167 Texas Certification#:T104704192 Kentucky DW Certification#:90062 Utah Certification#: MN00064 Kentucky WW Certification#:90062 Vermont Certification#:VT-027053137 Louisiana DEQ Certification#:AI-03086 Virginia Certification#:460163 Louisiana DW Certification#: MN00064 Washington Certification#:C486 Maine Certification#:MN00064 West Virginia DEP Certification#:382 Maryland Certification#:322 West Virginia DW Certification#:9952 C Michigan Certification#:9909 Wisconsin Certification#:999407970 Minnesota Certification#:027-053-137 Wyoming UST Certification#:via A2LA 2926.01 Minnesota Dept of Ag Approval:via MN 027-053-137 USDA Permit#: P330-19-00208 Minnesota Petrofund Registration#: 1240 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, without the written consent of Pace Analytical Services,LLC. Page 2 of 24 Pace Analytical Services,LLC ® 1700 ElmMN Street aceAnalytical Minneapolis,MN 55414 www.pacelabs.com (612)607-1700 SAMPLE SUMMARY Project: 23191495 Arbys Pond Pace Project No.: 10653743 Lab ID Sample ID Matrix Date Collected Date Received 10653743001 SED-01_0-1.9 Solid 05/17/23 11:05 05/17/23 14:30 10653743002 SED-02_0-2.6 Solid 05/17/23 12:05 05/17/23 14:30 10653743003 Trip Blank Solid 05/17/23 00:00 05/17/23 14:30 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, without the written consent of Pace Analytical Services,LLC. Page 3 of 24 Pace Analytical Services,LLC ® 1700 ElmMN Street aceAnalytical Minneapolis,MN 55414 www.pacelabs.com (612)607-1700 SAMPLE ANALYTE COUNT Project: 23191495 Arbys Pond Pace Project No.: 10653743 Analytes Lab ID Sample ID Method Analysts Reported Laboratory 10653743001 SED-01_0-1.9 WI MOD DRO EB3 2 PASI-M WI MOD GRO ALE 2 PASI-M EPA6010D SMB 8 PASI-M EPA 7471B LMW 1 PASI-M ASTM D2974 JDL 1 PASI-M EPA 8270E by SIM KJ3 27 PASI-M EPA 8260D SB2 7 PASI-M 10653743002 SED-02_0-2.6 WI MOD DRO EB3 2 PASI-M WI MOD GRO ALE 2 PASI-M EPA6010D SMB 8 PASI-M EPA 7471B LMW 1 PASI-M ASTM D2974 JDL 1 PASI-M EPA 8270E by SIM KJ3 27 PASI-M EPA 8260D SB2 7 PASI-M 10653743003 Trip Blank WI MOD GRO ALE 2 PASI-M EPA 8260D SB2 7 PASI-M PASI-M=Pace Analytical Services-Minneapolis REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, without the written consent of Pace Analytical Services,LLC. Page 4 of 24 Pace Analytical Services,LLC ® 1700 ElmMN Street aceAnalytical Minneapolis,MN 55414 www.pacelabs.com (612)607-1700 ANALYTICAL RESULTS Project: 23191495 Arbys Pond Pace Project No.: 10653743 Sample: SED-01_0-1.9 Lab ID: 10653743001 Collected: 05/17/23 11:05 Received: 05/17/23 14:30 Matrix: Solid Results reported on a "dry weight"basis and are adjusted for percent moisture,sample size and any dilutions. Parameters Results Units PQL MDL DF Prepared Analyzed CAS No. Qual WIDRO GCS Silica Gel Analytical Method:WI MOD DRO Preparation Method:WI MOD DRO Pace Analytical Services-Minneapolis WDRO C10-C28 24.5 mg/kg 8.3 3.1 1 05/18/23 16:33 05/19/23 17:28 T6 Surrogates n-Triacontane(S) 60 %. 30-150 1 05/18/23 16:33 05/19/23 17:28 WIGRO GCV Analytical Method:WI MOD GRO Preparation Method: EPA 5030 Medium Soil Pace Analytical Services-Minneapolis Gasoline Range Organics <3.5 mg/kg 18.1 3.5 1 05/24/23 13:13 05/25/23 14:05 Surrogates a,a,a-Trifluorotoluene(S) 88 %. 80-200 1 05/24/23 13:13 05/25/23 14:05 98-08-8 6010D MET ICP Analytical Method: EPA 6010D Preparation Method: EPA 3050B Pace Analytical Services-Minneapolis Arsenic 1.9 mg/kg 1.4 0.26 1 05/25/23 07:17 05/26/23 15:16 7440-38-2 Barium 66.8 mg/kg 0.68 0.23 1 05/25/23 07:17 05/26/23 15:16 7440-39-3 Cadmium 0.22 mg/kg 0.21 0.047 1 05/25/23 07:17 05/26/23 15:16 7440-43-9 Chromium 17.4 mg/kg 0.68 0.15 1 05/25/23 07:17 05/26/23 15:16 7440-47-3 Copper 22.8 mg/kg 0.68 0.11 1 05/25/23 07:17 05/26/23 15:16 7440-50-8 Lead 22.5 mg/kg 0.68 0.20 1 05/25/23 07:17 05/26/23 15:16 7439-92-1 Selenium <0.45 mg/kg 1.4 0.45 1 05/25/23 07:17 05/26/23 15:16 7782-49-2 Silver <0.048 mg/kg 0.68 0.048 1 05/25/23 07:17 05/26/23 15:16 7440-22-4 7471 B Mercury Analytical Method: EPA 7471 B Preparation Method: EPA 7471 B Pace Analytical Services-Minneapolis Mercury 0.019J mg/kg 0.028 0.012 1 05/24/23 14:49 05/25/23 17:19 7439-97-6 Dry Weight I%M by ASTM D2974 Analytical Method:ASTM D2974 Pace Analytical Services-Minneapolis Percent Moisture 27.9 % 0.10 0.10 1 05/24/23 14:34 N2 8270E MSSV CPAH by SIM Analytical Method: EPA 8270E by SIM Preparation Method: EPA 3546 Pace Analytical Services-Minneapolis Acenaphthene 27.2 ug/kg 13.5 1.8 1 05/30/23 11:18 05/30/23 19:03 83-32-9 Acenaphthylene 10.6J ug/kg 13.5 1.6 1 05/30/23 11:18 05/30/23 19:03 208-96-8 Anthracene 101 ug/kg 13.5 1.5 1 05/30/23 11:18 05/30/23 19:03 120-12-7 Benzo(a)anthracene 739 ug/kg 13.5 3.7 1 05/30/23 11:18 05/30/23 19:03 56-55-3 Benzo(a)pyrene 1090 ug/kg 13.5 1.7 1 05/30/23 11:18 05/30/23 19:03 50-32-8 Benzo(g,h,i)perylene 869 ug/kg 13.5 2.9 1 05/30/23 11:18 05/30/23 19:03 191-24-2 Benzofluoranthenes(Total) 2070 ug/kg 40.6 8.3 1 05/30/23 11:18 05/30/23 19:03 N2 Chrysene 1070 ug/kg 13.5 2.4 1 05/30/23 11:18 05/30/23 19:03 218-01-9 Dibenz(a,h)acridine 55.4 ug/kg 13.5 1.5 1 05/30/23 11:18 05/30/23 19:03 226-36-8 Dibenz(a,h)anthracene 192 ug/kg 13.5 1.1 1 05/30/23 11:18 05/30/23 19:03 53-70-3 Dibenzo(a,e)pyrene 481 ug/kg 13.5 1.5 1 05/30/23 11:18 05/30/23 19:03 192-65-4 Dibenzo(a,h)pyrene 221 ug/kg 13.5 2.7 1 05/30/23 11:18 05/30/23 19:03 189-64-0 Dibenzo(a,i)pyrene 130 ug/kg 13.5 1.3 1 05/30/23 11:18 05/30/23 19:03 189-55-9 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:05/31/2023 05:57 PM without the written consent of Pace Analytical Services,LLC. Page 5 of 24 Pace Analytical Services,LLC ® 1700 ElmMN Street aceAnalytical Minneapolis,MN 55414 www.pacelabs.com (612)607-1700 ANALYTICAL RESULTS Project: 23191495 Arbys Pond Pace Project No.: 10653743 Sample: SED-01_0-1.9 Lab ID: 10653743001 Collected: 05/17/23 11:05 Received: 05/17/23 14:30 Matrix: Solid Results reported on a "dry weight"basis and are adjusted for percent moisture,sample size and any dilutions. Parameters Results Units PQL MDL DF Prepared Analyzed CAS No. Qual 8270E MSSV CPAH by SIM Analytical Method: EPA 8270E by SIM Preparation Method: EPA 3546 Pace Analytical Services-Minneapolis Dibenzo(a,l)pyrene 32.7 ug/kg 13.5 1.9 1 05/30/23 11:18 05/30/23 19:03 191-30-0 7H-Dibenzo(c,g)carbazole 27.7 ug/kg 13.5 5.6 1 05/30/23 11:18 05/30/23 19:03 194-59-2 7,12-Dimethylbenz(a)anthracene <0.65 ug/kg 13.5 0.65 1 05/30/23 11:18 05/30/23 19:03 57-97-6 Fluoranthene 1560 ug/kg 27.0 6.5 2 05/30/23 11:18 05/31/23 13:37 206-44-0 Fluorene 40.9 ug/kg 13.5 1.8 1 05/30/23 11:18 05/30/23 19:03 86-73-7 Indeno(1,2,3-cd)pyrene 903 ug/kg 13.5 1.3 1 05/30/23 11:18 05/30/23 19:03 193-39-5 3-Methylcholanthrene <3.1 ug/kg 13.5 3.1 1 05/30/23 11:18 05/30/23 19:03 56-49-5 5-Methylchrysene 91.3 ug/kg 13.5 1.7 1 05/30/23 11:18 05/30/23 19:03 3697-24-3 2-Methylnaphthalene 5.2J ug/kg 13.5 2.4 1 05/30/23 11:18 05/30/23 19:03 91-57-6 Naphthalene 6.5J ug/kg 13.5 2.6 1 05/30/23 11:18 05/30/23 19:03 91-20-3 Phenanthrene 521 ug/kg 13.5 2.3 1 05/30/23 11:18 05/30/23 19:03 85-01-8 Pyrene 1320 ug/kg 13.5 3.1 1 05/30/23 11:18 05/30/23 19:03 129-00-0 Surrogates 2-Fluorobiphenyl(S) 86 %. 35-125 1 05/30/23 11:18 05/30/23 19:03 321-60-8 p-Terphenyl-d14(S) 95 %. 66-125 1 05/30/23 11:18 05/30/23 19:03 1718-51-0 8260D MSV UST Analytical Method: EPA 8260D Preparation Method: EPA 5035/5030B Pace Analytical Services-Minneapolis Benzene <8.7 ug/kg 28.7 8.7 1 05/19/23 10:59 05/20/23 05:24 71-43-2 Ethylbenzene <12.3 ug/kg 71.7 12.3 1 05/19/23 10:59 05/20/23 05:24 100-41-4 Toluene <27.1 ug/kg 71.7 27.1 1 05/19/23 10:59 05/20/23 05:24 108-88-3 Xylene(Total) <27.1 ug/kg 215 27.1 1 05/19/23 10:59 05/20/23 05:24 1330-20-7 Surrogates 4-Bromofluorobenzene(S) 100 %. 75-125 1 05/19/23 10:59 05/20/23 05:24 460-00-4 Toluene-d8(S) 102 %. 75-125 1 05/19/23 10:59 05/20/23 05:24 2037-26-5 1,2-Dichlorobenzene-d4(S) 96 %. 75-125 1 05/19/23 10:59 05/20/23 05:24 2199-69-1 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:05/31/2023 05:57 PM without the written consent of Pace Analytical Services,LLC. Page 6 of 24 Pace Analytical Services,LLC ® 1700 ElmMN Street aceAnalytical Minneapolis,MN 55414 www.pacelabs.com (612)607-1700 ANALYTICAL RESULTS Project: 23191495 Arbys Pond Pace Project No.: 10653743 Sample: SED-02_0-2.6 Lab ID: 10653743002 Collected: 05/17/23 12:05 Received: 05/17/23 14:30 Matrix: Solid Results reported on a "dry weight"basis and are adjusted for percent moisture,sample size and any dilutions. Parameters Results Units PQL MDL DF Prepared Analyzed CAS No. Qual WIDRO GCS Silica Gel Analytical Method:WI MOD DRO Preparation Method:WI MOD DRO Pace Analytical Services-Minneapolis WDRO C10-C28 11.4 mg/kg 8.8 3.3 1 05/18/23 16:33 05/19/23 12:11 T6 Surrogates n-Triacontane(S) 54 %. 30-150 1 05/18/23 16:33 05/19/23 12:11 WIGRO GCV Analytical Method:WI MOD GRO Preparation Method: EPA 5030 Medium Soil Pace Analytical Services-Minneapolis Gasoline Range Organics <4.4 mg/kg 23.0 4.4 1 05/24/23 13:13 05/25/23 14:32 Surrogates a,a,a-Trifluorotoluene(S) 96 %. 80-200 1 05/24/23 13:13 05/25/23 14:32 98-08-8 6010D MET ICP Analytical Method: EPA 6010D Preparation Method: EPA 3050B Pace Analytical Services-Minneapolis Arsenic 1.9 mg/kg 1.6 0.30 1 05/25/23 07:17 05/26/23 15:18 7440-38-2 Barium 60.4 mg/kg 0.80 0.27 1 05/25/23 07:17 05/26/23 15:18 7440-39-3 Cadmium 0.20J mg/kg 0.24 0.054 1 05/25/23 07:17 05/26/23 15:18 7440-43-9 Chromium 32.4 mg/kg 0.80 0.18 1 05/25/23 07:17 05/26/23 15:18 7440-47-3 Copper 21.4 mg/kg 0.80 0.13 1 05/25/23 07:17 05/26/23 15:18 7440-50-8 Lead 13.0 mg/kg 0.80 0.23 1 05/25/23 07:17 05/26/23 15:18 7439-92-1 Selenium <0.52 mg/kg 1.6 0.52 1 05/25/23 07:17 05/26/23 15:18 7782-49-2 Silver <0.056 mg/kg 0.80 0.056 1 05/25/23 07:17 05/26/23 15:18 7440-22-4 7471 B Mercury Analytical Method: EPA 7471 B Preparation Method: EPA 7471 B Pace Analytical Services-Minneapolis Mercury 0.021J mg/kg 0.032 0.014 1 05/24/23 14:49 05/25/23 17:21 7439-97-6 Dry Weight I%M by ASTM D2974 Analytical Method:ASTM D2974 Pace Analytical Services-Minneapolis Percent Moisture 40.2 % 0.10 0.10 1 05/24/23 14:34 N2 8270E MSSV CPAH by SIM Analytical Method: EPA 8270E by SIM Preparation Method: EPA 3546 Pace Analytical Services-Minneapolis Acenaphthene 14.0J ug/kg 16.4 2.2 1 05/30/23 11:18 05/30/23 19:35 83-32-9 Acenaphthylene <1.9 ug/kg 16.4 1.9 1 05/30/23 11:18 05/30/23 19:35 208-96-8 Anthracene 36.9 ug/kg 16.4 1.8 1 05/30/23 11:18 05/30/23 19:35 120-12-7 Benzo(a)anthracene 183 ug/kg 16.4 4.5 1 05/30/23 11:18 05/30/23 19:35 56-55-3 Benzo(a)pyrene 259 ug/kg 16.4 2.1 1 05/30/23 11:18 05/30/23 19:35 50-32-8 Benzo(g,h,i)perylene 264 ug/kg 16.4 3.5 1 05/30/23 11:18 05/30/23 19:35 191-24-2 Benzofluoranthenes(Total) 540 ug/kg 49.3 10.1 1 05/30/23 11:18 05/30/23 19:35 N2 Chrysene 347 ug/kg 16.4 3.0 1 05/30/23 11:18 05/30/23 19:35 218-01-9 Dibenz(a,h)acridine 19.8 ug/kg 16.4 1.8 1 05/30/23 11:18 05/30/23 19:35 226-36-8 Dibenz(a,h)anthracene 51.2 ug/kg 16.4 1.3 1 05/30/23 11:18 05/30/23 19:35 53-70-3 Dibenzo(a,e)pyrene 109 ug/kg 16.4 1.9 1 05/30/23 11:18 05/30/23 19:35 192-65-4 Dibenzo(a,h)pyrene 56.7 ug/kg 16.4 3.3 1 05/30/23 11:18 05/30/23 19:35 189-64-0 Dibenzo(a,i)pyrene 28.7 ug/kg 16.4 1.6 1 05/30/23 11:18 05/30/23 19:35 189-55-9 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:05/31/2023 05:57 PM without the written consent of Pace Analytical Services,LLC. Page 7 of 24 Pace Analytical Services,LLC ® 1700 ElmMN Street aceAnalytical Minneapolis,MN 55414 www.pacelabs.com (612)607-1700 ANALYTICAL RESULTS Project: 23191495 Arbys Pond Pace Project No.: 10653743 Sample: SED-02_0-2.6 Lab ID: 10653743002 Collected: 05/17/23 12:05 Received: 05/17/23 14:30 Matrix: Solid Results reported on a "dry weight"basis and are adjusted for percent moisture,sample size and any dilutions. Parameters Results Units PQL MDL DF Prepared Analyzed CAS No. Qual 8270E MSSV CPAH by SIM Analytical Method: EPA 8270E by SIM Preparation Method: EPA 3546 Pace Analytical Services-Minneapolis Dibenzo(a,l)pyrene <2.4 ug/kg 16.4 2.4 1 05/30/23 11:18 05/30/23 19:35 191-30-0 7H-Dibenzo(c,g)carbazole <6.8 ug/kg 16.4 6.8 1 05/30/23 11:18 05/30/23 19:35 194-59-2 7,12-Dimethylbenz(a)anthracene <0.79 ug/kg 16.4 0.79 1 05/30/23 11:18 05/30/23 19:35 57-97-6 Fluoranthene 476 ug/kg 16.4 4.0 1 05/30/23 11:18 05/30/23 19:35 206-44-0 Fluorene 26.1 ug/kg 16.4 2.2 1 05/30/23 11:18 05/30/23 19:35 86-73-7 Indeno(1,2,3-cd)pyrene 236 ug/kg 16.4 1.6 1 05/30/23 11:18 05/30/23 19:35 193-39-5 3-Methylcholanthrene <3.8 ug/kg 16.4 3.8 1 05/30/23 11:18 05/30/23 19:35 56-49-5 5-Methylchrysene 44.4 ug/kg 16.4 2.1 1 05/30/23 11:18 05/30/23 19:35 3697-24-3 2-Methylnaphthalene <3.0 ug/kg 16.4 3.0 1 05/30/23 11:18 05/30/23 19:35 91-57-6 Naphthalene 5.5J ug/kg 16.4 3.1 1 05/30/23 11:18 05/30/23 19:35 91-20-3 Phenanthrene 257 ug/kg 16.4 2.8 1 05/30/23 11:18 05/30/23 19:35 85-01-8 Pyrene 461 ug/kg 16.4 3.8 1 05/30/23 11:18 05/30/23 19:35 129-00-0 Surrogates 2-Fluorobiphenyl(S) 81 %. 35-125 1 05/30/23 11:18 05/30/23 19:35 321-60-8 p-Terphenyl-d14(S) 92 %. 66-125 1 05/30/23 11:18 05/30/23 19:35 1718-51-0 8260D MSV UST Analytical Method: EPA 8260D Preparation Method: EPA 5035/5030B Pace Analytical Services-Minneapolis Benzene <13.5 ug/kg 44.6 13.5 1 05/19/23 10:59 05/20/23 04:53 71-43-2 Ethylbenzene <19.2 ug/kg 111 19.2 1 05/19/23 10:59 05/20/23 04:53 100-41-4 Toluene <42.1 ug/kg 111 42.1 1 05/19/23 10:59 05/20/23 04:53 108-88-3 Xylene(Total) <42.1 ug/kg 334 42.1 1 05/19/23 10:59 05/20/23 04:53 1330-20-7 Surrogates 4-Bromofluorobenzene(S) 103 %. 75-125 1 05/19/23 10:59 05/20/23 04:53 460-00-4 Toluene-d8(S) 103 %. 75-125 1 05/19/23 10:59 05/20/23 04:53 2037-26-5 1,2-Dichlorobenzene-d4(S) 96 %. 75-125 1 05/19/23 10:59 05/20/23 04:53 2199-69-1 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:05/31/2023 05:57 PM without the written consent of Pace Analytical Services,LLC. Page 8 of 24 Pace Analytical Services,LLC ® 1700 ElmMN Street aceAnalytical Minneapolis,MN 55414 www.pacelabs.com (612)607-1700 ANALYTICAL RESULTS Project: 23191495 Arbys Pond Pace Project No.: 10653743 Sample: Trip Blank Lab ID: 10653743003 Collected: 05/17/23 00:00 Received: 05/17/23 14:30 Matrix: Solid Results reported on a "wet-weight"basis Parameters Results Units PQL MDL DF Prepared Analyzed CAS No. Qual WIGRO GCV Analytical Method:WI MOD GRO Preparation Method: EPA 5030 Medium Soil Pace Analytical Services-Minneapolis Gasoline Range Organics <1.9 mg/kg 10.0 1.9 1 05/24/23 13:13 05/25/23 07:18 Surrogates a,a,a-Trifluorotoluene(S) 85 %. 80-200 1 05/24/23 13:13 05/25/23 07:18 98-08-8 8260D MSV UST Analytical Method: EPA 8260D Preparation Method: EPA 5035/5030B Pace Analytical Services-Minneapolis Benzene <6.1 ug/kg 20.0 6.1 1 05/19/23 10:59 05/20/23 02:49 71-43-2 Ethylbenzene <8.6 ug/kg 50.0 8.6 1 05/19/23 10:59 05/20/23 02:49 100-41-4 Toluene <18.9 ug/kg 50.0 18.9 1 05/19/23 10:59 05/20/23 02:49 108-88-3 Xylene(Total) <18.9 ug/kg 150 18.9 1 05/19/23 10:59 05/20/23 02:49 1330-20-7 Surrogates 4-Bromofluorobenzene(S) 104 %. 75-125 1 05/19/23 10:59 05/20/23 02:49 460-00-4 Toluene-d8(S) 104 %. 75-125 1 05/19/23 10:59 05/20/23 02:49 2037-26-5 1,2-Dichlorobenzene-d4(S) 96 %. 75-125 1 05/19/23 10:59 05/20/23 02:49 2199-69-1 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:05/31/2023 05:57 PM without the written consent of Pace Analytical Services,LLC. Page 9 of 24 Pace Analytical Services,LLC aceAnalytical® 1o00 m Street Minneapolis,MN 55414 www.pacelabs.com (612)607-1700 QUALITY CONTROL DATA Project: 23191495 Arbys Pond Pace Project No.: 10653743 QC Batch: 883036 Analysis Method: WI MOD GRO QC Batch Method: EPA 5030 Medium Soil Analysis Description: WIGRO Solid GCV Laboratory: Pace Analytical Services-Minneapolis Associated Lab Samples: 10653743001, 10653743002, 10653743003 METHOD BLANK: 4652644 Matrix: Solid Associated Lab Samples: 10653743001, 10653743002, 10653743003 Blank Reporting Parameter Units Result Limit MDL Analyzed Qualifiers Gasoline Range Organics mg/kg <1.9 10.0 1.9 05/25/23 05:56 a,a,a-Trifluorotoluene(S) %. 86 80-200 05/25/23 05:56 LABORATORY CONTROL SAMPLE&LCSD: 4652645 4652646 Spike LCS LCSD LCS LCSD %Rec Max Parameter Units Conc. Result Result %Rec %Rec Limits RPD RPD Qualifiers Gasoline Range Organics mg/kg 50 45.9 46.4 92 93 80-120 1 20 a,a,a-Trifluorotoluene(S) %. 110 112 80-200 Results presented on this page are in the units indicated by the"Units"column except where an alternate unit is presented to the right of the result. REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:05/31/2023 05:57 PM without the written consent of Pace Analytical Services,LLC. Page 10 of 24 Pace Analytical Services,LLC aceAnalytical® 1o00 m Street Minneapolis,MN 55414 www.pacelabs.com (612)607-1700 QUALITY CONTROL DATA Project: 23191495 Arbys Pond Pace Project No.: 10653743 QC Batch: 882712 Analysis Method: EPA 7471B QC Batch Method: EPA 7471 B Analysis Description: 7471 B Mercury Solids Laboratory: Pace Analytical Services-Minneapolis Associated Lab Samples: 10653743001, 10653743002 METHOD BLANK: 4651278 Matrix: Solid Associated Lab Samples: 10653743001, 10653743002 Blank Reporting Parameter Units Result Limit MDL Analyzed Qualifiers Mercury mg/kg <0.0079 0.018 0.0079 05/25/23 17:09 LABORATORY CONTROL SAMPLE: 4651279 Spike LCS LCS %Rec Parameter Units Conc. Result %Rec Limits Qualifiers Mercury mg/kg 0.5 0.48 96 80-120 MATRIX SPIKE&MATRIX SPIKE DUPLICATE: 4651280 4651281 MS MSD 10653978001 Spike Spike MS MSD MS MSD %Rec Max Parameter Units Result Conc. Conc. Result Result %Rec %Rec Limits RPD RPD Qual Mercury mg/kg <0.023 0.56 0.56 0.53 0.53 94 95 80-120 0 20 Results presented on this page are in the units indicated by the"Units"column except where an alternate unit is presented to the right of the result. REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:05/31/2023 05:57 PM without the written consent of Pace Analytical Services,LLC. Page 11 of 24 Pace Analytical Services,LLC aceAnalytical® 1o00 m Street Minneapolis,MN 55414 www.pacelabs.com (612)607-1700 QUALITY CONTROL DATA Project: 23191495 Arbys Pond Pace Project No.: 10653743 QC Batch: 882711 Analysis Method: EPA 6010D QC Batch Method: EPA 3050B Analysis Description: 6010D Solids Laboratory: Pace Analytical Services-Minneapolis Associated Lab Samples: 10653743001, 10653743002 METHOD BLANK: 4651274 Matrix: Solid Associated Lab Samples: 10653743001, 10653743002 Blank Reporting Parameter Units Result Limit MDL Analyzed Qualifiers Arsenic mg/kg <0.19 0.98 0.19 05/26/23 15:00 Barium mg/kg <0.17 0.49 0.17 05/26/23 15:00 Cadmium mg/kg <0.034 0.15 0.034 05/26/23 15:00 Chromium mg/kg <0.11 0.49 0.11 05/26/23 15:00 Copper mg/kg <0.080 0.49 0.080 05/26/23 15:00 Lead mg/kg <0.14 0.49 0.14 05/26/23 15:00 Selenium mg/kg <0.32 0.98 0.32 05/26/23 15:00 Silver mg/kg <0.035 0.49 0.035 05/26/23 15:00 LABORATORY CONTROL SAMPLE: 4651275 Spike LCS LCS %Rec Parameter Units Conc. Result %Rec Limits Qualifiers Arsenic mg/kg 48.2 44.0 91 80-120 Barium mg/kg 48.2 47.4 98 80-120 Cadmium mg/kg 48.2 46.4 96 80-120 Chromium mg/kg 48.2 47.6 99 80-120 Copper mg/kg 48.2 46.3 96 80-120 Lead mg/kg 48.2 46.4 96 80-120 Selenium mg/kg 48.2 42.9 89 80-120 Silver mg/kg 24.1 21.6 90 80-120 MATRIX SPIKE&MATRIX SPIKE DUPLICATE: 4651276 4651277 MS MSD 10653978001 Spike Spike MS MSD MS MSD %Rec Max Parameter Units Result Conc. Conc. Result Result %Rec %Rec Limits RPD RPD Qual Arsenic mg/kg <1.1 57.6 56.5 47.6 45.6 81 79 75-125 4 20 Barium mg/kg 24.9 57.6 56.5 81.2 73.8 98 87 75-125 10 20 Cadmium mg/kg <0.17 57.6 56.5 46.7 45.7 81 81 75-125 2 20 Chromium mg/kg 18.5 57.6 56.5 67.7 71.2 86 93 75-125 5 20 Copper mg/kg 25.9 57.6 56.5 85.0 89.2 103 112 75-125 5 20 Lead mg/kg 7.9 57.6 56.5 70.9 52.2 109 78 75-125 30 20 R1 Selenium mg/kg <1.1 57.6 56.5 45.0 43.5 78 77 75-125 3 20 Silver mg/kg <0.56 28.7 28.3 23.1 22.3 80 79 75-125 3 20 Results presented on this page are in the units indicated by the"Units"column except where an alternate unit is presented to the right of the result. REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:05/31/2023 05:57 PM without the written consent of Pace Analytical Services,LLC. Page 12 of 24 Pace Analytical Services,LLC aceAnalytical® 1o00 m Street Minneapolis,MN 55414 www.pacelabs.com (612)607-1700 QUALITY CONTROL DATA Project: 23191495 Arbys Pond Pace Project No.: 10653743 QC Batch: 883044 Analysis Method: ASTM D2974 QC Batch Method: ASTM D2974 Analysis Description: Dry Weight/%M by ASTM D2974 Laboratory: Pace Analytical Services-Minneapolis Associated Lab Samples: 10653743001, 10653743002 SAMPLE DUPLICATE: 4652691 10653743002 Dup Max Parameter Units Result Result RPD RPD Qualifiers Percent Moisture % 40.2 32.8 20 30 N2 SAMPLE DUPLICATE: 4652793 10654409002 Dup Max Parameter Units Result Result RPD RPD Qualifiers Percent Moisture % 25.7 26.7 4 30 N2 Results presented on this page are in the units indicated by the"Units"column except where an alternate unit is presented to the right of the result. REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:05/31/2023 05:57 PM without the written consent of Pace Analytical Services,LLC. Page 13 of 24 Pace Analytical Services,LLC aceAnalytical® 1o00 m Street Minneapolis,MN 55414 www.pacelabs.com (612)607-1700 QUALITY CONTROL DATA Project: 23191495 Arbys Pond Pace Project No.: 10653743 QC Batch: 882309 Analysis Method: EPA 8260D QC Batch Method: EPA 5035/5030B Analysis Description: 8260D MSV UST Laboratory: Pace Analytical Services-Minneapolis Associated Lab Samples: 10653743001, 10653743002, 10653743003 METHOD BLANK: 4648931 Matrix: Solid Associated Lab Samples: 10653743001, 10653743002, 10653743003 Blank Reporting Parameter Units Result Limit MDL Analyzed Qualifiers Benzene ug/kg <6.1 20.0 6.1 05/20/23 01:32 Ethylbenzene ug/kg <8.6 50.0 8.6 05/20/23 01:32 Toluene ug/kg <18.9 50.0 18.9 05/20/23 01:32 Xylene(Total) ug/kg <18.9 150 18.9 05/20/23 01:32 1,2-Dichlorobenzene-d4(S) %. 95 75-125 05/20/23 01:32 4-Bromofluorobenzene(S) %. 101 75-125 05/20/23 01:32 Toluene-d8(S) %. 103 75-125 05/20/23 01:32 LABORATORY CONTROL SAMPLE&LCSD: 4648932 4648933 Spike LCS LCSD LCS LCSD %Rec Max Parameter Units Conc. Result Result %Rec %Rec Limits RPD RPD Qualifiers Benzene ug/kg 1000 982 946 98 95 72-125 4 20 Ethylbenzene ug/kg 1000 960 866 96 87 75-130 10 20 Toluene ug/kg 1000 911 883 91 88 75-125 3 20 Xylene(Total) ug/kg 3000 2930 2600 98 87 75-126 12 20 1,2-Dichlorobenzene-d4(S) %. 101 101 75-125 4-Bromofluorobenzene(S) %. 99 99 75-125 Toluene-d8(S) %. 95 97 75-125 Results presented on this page are in the units indicated by the"Units"column except where an alternate unit is presented to the right of the result. REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:05/31/2023 05:57 PM without the written consent of Pace Analytical Services,LLC. Page 14 of 24 Pace Analytical Services,LLC aceAnalytical® 1o00 m Street Minneapolis,MN 55414 www.pacelabs.com (612)607-1700 QUALITY CONTROL DATA Project: 23191495 Arbys Pond Pace Project No.: 10653743 QC Batch: 883927 Analysis Method: EPA 8270E by SIM QC Batch Method: EPA 3546 Analysis Description: 8270E Solid PAH by SIM MSSV Laboratory: Pace Analytical Services-Minneapolis Associated Lab Samples: 10653743001, 10653743002 METHOD BLANK: 4657143 Matrix: Solid Associated Lab Samples: 10653743001, 10653743002 Blank Reporting Parameter Units Result Limit MDL Analyzed Qualifiers 2-Methylnaphthalene ug/kg <1.8 10.0 1.8 05/30/23 15:20 3-Methylcholanthrene ug/kg <2.3 10.0 2.3 05/30/23 15:20 5-Methylchrysene ug/kg <1.3 10.0 1.3 05/30/23 15:20 7,12-Dimethylbenz(a)anthracene ug/kg <0.48 10.0 0.48 05/30/23 15:20 7H-Dibenzo(c,g)carbazole ug/kg <4.1 10.0 4.1 05/30/23 15:20 Acenaphthene ug/kg <1.3 10.0 1.3 05/30/23 15:20 Acenaphthylene ug/kg <1.2 10.0 1.2 05/30/23 15:20 Anthracene ug/kg <1.1 10.0 1.1 05/30/23 15:20 Benzo(a)anthracene ug/kg <2.7 10.0 2.7 05/30/23 15:20 Benzo(a)pyrene ug/kg <1.3 10.0 1.3 05/30/23 15:20 Benzo(g,h,i)perylene ug/kg <2.1 10.0 2.1 05/30/23 15:20 Benzofluoranthenes(Total) ug/kg <6.2 30.0 6.2 05/30/23 15:20 N2 Chrysene ug/kg <1.8 10.0 1.8 05/30/23 15:20 Dibenz(a,h)acridine ug/kg <1.1 10.0 1.1 05/30/23 15:20 Dibenz(a,h)anthracene ug/kg <0.79 10.0 0.79 05/30/23 15:20 Dibenzo(a,e)pyrene ug/kg <1.1 10.0 1.1 05/30/23 15:20 Dibenzo(a,h)pyrene ug/kg <2.0 10.0 2.0 05/30/23 15:20 Dibenzo(a,i)pyrene ug/kg <0.97 10.0 0.97 05/30/23 15:20 Dibenzo(a,l)pyrene ug/kg <1.4 10.0 1.4 05/30/23 15:20 Fluoranthene ug/kg <2.4 10.0 2.4 05/30/23 15:20 Fluorene ug/kg <1.3 10.0 1.3 05/30/23 15:20 Indeno(1,2,3-cd)pyrene ug/kg <0.97 10.0 0.97 05/30/23 15:20 Naphthalene ug/kg <1.9 10.0 1.9 05/30/23 15:20 Phenanthrene ug/kg <1.7 10.0 1.7 05/30/23 15:20 Pyrene ug/kg <2.3 10.0 2.3 05/30/23 15:20 2-Fluorobiphenyl(S) %. 96 35-125 05/30/23 15:20 p-Terphenyl-d14(S) %. 97 66-125 05/30/23 15:20 LABORATORY CONTROL SAMPLE: 4657144 Spike LCS LCS %Rec Parameter Units Conc. Result %Rec Limits Qualifiers 2-Methylnaphthalene ug/kg 300 247 82 48-125 3-Methylcholanthrene ug/kg 300 262 87 30-130 5-Methylchrysene ug/kg 300 259 86 75-125 7,12-Dimethylbenz(a)anthracene ug/kg 300 318 106 69-128 7H-Dibenzo(c,g)carbazole ug/kg 300 251 84 71-125 Acenaphthene ug/kg 300 244 81 52-125 Acenaphthylene ug/kg 300 258 86 51-125 Anthracene ug/kg 300 270 90 62-125 Results presented on this page are in the units indicated by the"Units"column except where an alternate unit is presented to the right of the result. REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:05/31/2023 05:57 PM without the written consent of Pace Analytical Services,LLC. Page 15 of 24 Pace Analytical Services,LLC aceAnalytical® 1o00 m Street Minneapolis,MN 55414 www.pacelabs.com (612)607-1700 QUALITY CONTROL DATA Project: 23191495 Arbys Pond Pace Project No.: 10653743 LABORATORY CONTROL SAMPLE: 4657144 Spike LCS LCS %Rec Parameter Units Conc. Result %Rec Limits Qualifiers Benzo(a)anthracene ug/kg 300 253 84 63-125 Benzo(a)pyrene ug/kg 300 267 89 61-125 Benzo(g,h,i)perylene ug/kg 300 269 90 61-125 Benzofluoranthenes(Total) ug/kg 900 793 88 75-125 N2 Chrysene ug/kg 300 268 89 66-125 Dibenz(a,h)acridine ug/kg 300 251 84 75-125 Dibenz(a,h)anthracene ug/kg 300 269 90 57-125 Dibenzo(a,e)pyrene ug/kg 300 263 88 75-125 Dibenzo(a,h)pyrene ug/kg 300 261 87 72-125 Dibenzo(a,i)pyrene ug/kg 300 258 86 52-125 Dibenzo(a,l)pyrene ug/kg 300 247 82 30-133 Fluoranthene ug/kg 300 262 87 67-125 Fluorene ug/kg 300 254 85 62-125 Indeno(1,2,3-cd)pyrene ug/kg 300 264 88 58-125 Naphthalene ug/kg 300 239 80 48-125 Phenanthrene ug/kg 300 257 86 61-125 Pyrene ug/kg 300 259 86 67-125 2-Fluorobiphenyl(S) %. 88 35-125 p-Terphenyl-d14(S) %. 93 66-125 MATRIX SPIKE&MATRIX SPIKE DUPLICATE: 4657145 4657146 MS MSD 10653978001 Spike Spike MS MSD MS MSD %Rec Max Parameter Units Result Conc. Conc. Result Result %Rec %Rec Limits RPD RPD Qual 2-Methylnaphthalene ug/kg <11.6 345 347 280 284 81 82 70-130 1 30 3-Methylcholanthrene ug/kg <11.6 345 347 286 279 83 80 70-130 2 30 5-Methylchrysene ug/kg 58.3 345 347 282 283 65 65 70-130 1 30 M1 7,12- ug/kg <11.6 345 347 350 368 102 106 70-130 5 30 Dimethylbenz(a)anthracene 7H-Dibenzo(c,g)carbazole ug/kg <11.6 345 347 273 274 79 79 70-130 0 30 Acenaphthene ug/kg 103 345 347 292 312 55 60 70-130 6 30 M1 Acenaphthylene ug/kg <11.6 345 347 299 298 87 86 70-130 0 30 Anthracene ug/kg 156 345 347 318 349 47 56 70-130 9 30 M1 Benzo(a)anthracene ug/kg 536 345 347 374 469 -47 -19 70-130 23 30 M1 Benzo(a)pyrene ug/kg 588 345 347 416 554 -50 -10 70-130 28 30 M1 Benzo(g,h,i)perylene ug/kg 450 345 347 410 517 -11 19 70-130 23 30 M1 Benzofluoranthenes(Total) ug/kg 1020 1040 1040 1110 1340 9 31 70-130 19 30 M1,N2 Chrysene ug/kg 657 345 347 425 566 -67 -26 70-130 28 30 M1 Dibenz(a,h)acridine ug/kg 28.5 345 347 284 285 74 74 70-130 0 30 Dibenz(a,h)anthracene ug/kg 92.9 345 347 310 333 63 69 70-130 7 30 M1 Dibenzo(a,e)pyrene ug/kg 198 345 347 267 311 20 33 70-130 15 30 M1 Dibenzo(a,h)pyrene ug/kg 89.1 345 347 338 388 72 86 70-130 14 30 Dibenzo(a,i)pyrene ug/kg 53.7 345 347 297 313 70 75 70-130 5 30 Dibenzo(a,l)pyrene ug/kg <11.6 345 347 270 275 78 79 70-130 2 30 Fluoranthene ug/kg 1830 345 347 560 834 -367 -286 70-130 39 30 M1,R1 Results presented on this page are in the units indicated by the"Units"column except where an alternate unit is presented to the right of the result. REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:05/31/2023 05:57 PM without the written consent of Pace Analytical Services,LLC. Page 16 of 24 Pace Analytical Services,LLC aceAnalytical® 1o00 m Street Minneapolis,MN 55414 www.pacelabs.com (612)607-1700 QUALITY CONTROL DATA Project: 23191495 Arbys Pond Pace Project No.: 10653743 MATRIX SPIKE&MATRIX SPIKE DUPLICATE: 4657145 4657146 MS MSD 10653978001 Spike Spike MS MSD MS MSD %Rec Max Parameter Units Result Conc. Conc. Result Result %Rec %Rec Limits RPD RPD Qual Fluorene ug/kg 105 345 347 300 325 57 63 70-130 8 30 M1 Indeno(1,2,3-cd)pyrene ug/kg 453 345 347 383 505 -20 15 70-130 28 30 M1 Naphthalene ug/kg 17.7 345 347 247 253 66 68 70-130 3 30 M1 Phenanthrene ug/kg 1610 345 347 426 717 -343 -257 70-130 51 30 M1,R1 Pyrene ug/kg 1570 345 347 544 771 -298 -231 70-130 34 30 M1,R1 2-Fluorobiphenyl(S) %. 85 84 35-125 p-Terphenyl-d14(S) %. 92 90 66-125 Results presented on this page are in the units indicated by the"Units"column except where an alternate unit is presented to the right of the result. REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:05/31/2023 05:57 PM without the written consent of Pace Analytical Services,LLC. Page 17 of 24 Pace Analytical Services,LLC aceAnalytical® 1o00 m Street Minneapolis,MN 55414 www.pacelabs.com (612)607-1700 QUALITY CONTROL DATA Project: 23191495 Arbys Pond Pace Project No.: 10653743 QC Batch: 882176 Analysis Method: WI MOD DRO QC Batch Method: WI MOD DRO Analysis Description: WIDRO Solid GCV Laboratory: Pace Analytical Services-Minneapolis Associated Lab Samples: 10653743001, 10653743002 METHOD BLANK: 4648311 Matrix: Solid Associated Lab Samples: 10653743001, 10653743002 Blank Reporting Parameter Units Result Limit MDL Analyzed Qualifiers WDRO C10-C28 mg/kg <3.7 10.0 3.7 05/19/23 11:50 n-Triacontane(S) %. 57 30-150 05/19/23 11:50 LABORATORY CONTROL SAMPLE&LCSD: 4648312 4648313 Spike LCS LCSD LCS LCSD %Rec Max Parameter Units Conc. Result Result %Rec %Rec Limits RPD RPD Qualifiers WDRO C10-C28 mg/kg 80 59.9 58.9 75 74 59-125 2 20 n-Triacontane(S) %. 70 71 30-150 Results presented on this page are in the units indicated by the"Units"column except where an alternate unit is presented to the right of the result. REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:05/31/2023 05:57 PM without the written consent of Pace Analytical Services,LLC. Page 18 of 24 Pace Analytical Services,LLC i ® 1700 ElmMN Street aceAnalytcal Minneapolis,MN 55414 www.pacelabs.com (612)607-1700 QUALIFIERS Project: 23191495 Arbys Pond Pace Project No.: 10653743 DEFINITIONS DF-Dilution Factor, if reported,represents the factor applied to the reported data due to dilution of the sample aliquot. ND-Not Detected at or above adjusted reporting limit. TNTC-Too Numerous To Count J-Estimated concentration above the adjusted method detection limit and below the adjusted reporting limit. MDL-Adjusted Method Detection Limit. PQL-Practical Quantitation Limit. RL-Reporting Limit-The lowest concentration value that meets project requirements for quantitative data with known precision and bias for a specific analyte in a specific matrix. S-Surrogate 1,2-Diphenylhydrazine decomposes to and cannot be separated from Azobenzene using Method 8270.The result for each analyte is a combined concentration. Consistent with EPA guidelines, unrounded data are displayed and have been used to calculate%recovery and RPD values. LCS(D)-Laboratory Control Sample(Duplicate) MS(D)-Matrix Spike(Duplicate) DUP-Sample Duplicate RPD-Relative Percent Difference NC-Not Calculable. SG-Silica Gel-Clean-Up U-Indicates the compound was analyzed for, but not detected. N-Nitrosodiphenylamine decomposes and cannot be separated from Diphenylamine using Method 8270. The result reported for each analyte is a combined concentration. Reported results are not rounded until the final step prior to reporting.Therefore,calculated parameters that are typically reported as "Total"may vary slightly from the sum of the reported component parameters. Pace Analytical is TNI accredited.Contact your Pace PM for the current list of accredited analytes. TNI-The NELAC Institute. WORKORDER QUALIFIERS WO: 10653743 [1] Samples were received outside of the recommended temperature range of 0-6 degrees Celsius. The samples were received from the field on ice. BATCH QUALIFIERS Batch:882334 [M5] A matrix spike/matrix spike duplicate was not performed for this batch due to insufficient sample volume. Batch:882506 [M5] A matrix spike/matrix spike duplicate was not performed for this batch due to insufficient sample volume. Batch:883128 [M5] A matrix spike/matrix spike duplicate was not performed for this batch due to insufficient sample volume. ANALYTE QUALIFIERS M1 Matrix spike recovery exceeded QC limits. Batch accepted based on laboratory control sample(LCS)recovery. N2 The lab does not hold NELAC/TNI accreditation for this parameter but other accreditations/certifications may apply.A complete list of accreditations/certifications is available upon request. R1 RPD value was outside control limits. T6 High boiling point hydrocarbons are present in the sample. REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:05/31/2023 05:57 PM without the written consent of Pace Analytical Services,LLC. Page 19 of 24 Pace Analytical Services,LLC ® 1700 ElmMN Street aceAnalytical Minneapolis,MN 55414 www.pacelabs.com (612)607-1700 QUALITY CONTROL DATA CROSS REFERENCE TABLE Project: 23191495 Arbys Pond Pace Project No.: 10653743 Analytical Lab ID Sample ID QC Batch Method QC Batch Analytical Method Batch 10653743001 SED-01_0-1.9 WI MOD DRO 882176 WI MOD DRO 882334 10653743002 SED-02_0-2.6 WI MOD DRO 882176 WI MOD DRO 882334 10653743001 SED-01_0-1.9 EPA 5030 Medium Soil 883036 WI MOD GRO 883128 10653743002 SED-02_0-2.6 EPA 5030 Medium Soil 883036 WI MOD GRO 883128 10653743003 Trip Blank EPA 5030 Medium Soil 883036 WI MOD GRO 883128 10653743001 SED-01_0-1.9 EPA 3050B 882711 EPA 6010D 883465 10653743002 SED-02_0-2.6 EPA 3050B 882711 EPA 6010D 883465 10653743001 SED-01_0-1.9 EPA 7471 B 882712 EPA 7471 B 883335 10653743002 SED-02_0-2.6 EPA 7471 B 882712 EPA 7471 B 883335 10653743001 SED-01_0-1.9 ASTM D2974 883044 10653743002 SED-02_0-2.6 ASTM D2974 883044 10653743001 SED-01_0-1.9 EPA 3546 883927 EPA 8270E by SIM 884016 10653743002 SED-02_0-2.6 EPA 3546 883927 EPA 8270E by SIM 884016 10653743001 SED-01_0-1.9 EPA 5035/5030B 882309 EPA 8260D 882506 10653743002 SED-02_0-2.6 EPA 5035/5030B 882309 EPA 8260D 882506 10653743003 Trip Blank EPA 5035/5030B 882309 EPA 8260D 882506 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:05/31/2023 05:57 PM without the written consent of Pace Analytical Services,LLC. Page 20 of 24 MI Barr Engineering Co. Chain of Custody593476 g g Analysis Requested COC Number: Sample Origination State Jailagiw -Soil ❑CO ❑MI KMN ❑MO ❑ND ❑NV ❑TX ❑UT ❑WI ❑WY ❑Other: ` COC of REPORT TO INVOICE TO "'" Matrix Code: Preservative Code: Company: Q� Company: ` i GW = Groundwater A = None Address: �' Address: , ' ' SW = Surface Water B = HCI Z c DW = Drinking Water C = HNO3 Address: Address: y PW = Pore Water D = H2SO4 Name: ' ' -I-', WW= Waste Water E = NaOH _ Name: �° ..-.6 — WQ = TB,FB,EB,etc. F = McOH email: email: p "- � ° W = Unspecified G = NaHSO4 O ,. a` . S = Soil/Solid H = Na2S203 Copy to: BarrDM@barr.com P.O. 2 , - S SD = Sediment I = Ascorbic Acid Project Name: g-b if Pc,• Barr Project No:a3 1i 19 i 5, 2 E o SQ Me0H blank J = Zn Acetate Sample Depth C Z �' �, '^ OTH= Other(Oil,etc.) K = Other Collection Collection Matrix Location Unit o Start Stop (m — P ./ft. Date Time or in.) (mm/dd/yyyy) (hh:mm) Code a a, o AA � F Preservative Code 12 N y t }1 Field Filtered Y/N 1 b_vl a trti 4i- 4741:3 IPS' sb '1 I 1 as 1 I col — 2. Oa 0 14 Cf— 61 / j ( , dS SD 41 111Ja 1 0o 3. 4. WO# : 10653743 5 111111111 III II Ilail III 6. 10653743 7. - - O N O 8. O O N 9. c 10. N O LL 3 BARR USE ONLY Or Ice? Date Time Received b Date Time Sampled by:,)1,.��( /'V ( v'�N 57(1(21 1'420 :/'' R�2 w' �1i/1� \y �iU o err Proj. Manager: � If� Relinquished by: On Ice? Date Time Received ')§: ' 'Date Time r Y N u 6rr DQ Manager: / '' l Samples Shipped VIA: E Ground Courier El Air Carrier Air Bill Number: Requested Due Date: o Lib Name: Sampler ❑Other: tandard Turn Around Time o Lab Location: ti\PLS Lab WO: Temperature on Receipt (°C): I') Custody Seal Intact? ❑Y ❑N None ID Rush lmm/dd/yyyy) x Distribution - White-Original: Accompanies Shipment to Laboratory; Yellow Copy: Include in Field Documents; Scan and email: a copy to BarrDM@barr.com for tracking and filing procedures DC#_Title: ENV-FRM-MIN4-0150 v13_Sample Condition Upon Receipt(SCUR) Effective Date:4/14/2023 Sample Condition Client Name: Project#: WO# • A 1 0653743 1.Upon Receipt . PM: MKH Due Date. 06/02/23 Courier: El FedEx❑ LIPS El LISPS Client CLIENT: BARR ❑ Pace ❑SpeeDee ❑Commercial ❑See Exceptions Tracking Number: ENV-FRM-MIN4-0142 Custody Seal on Cooler/Box Present? ❑Yes [o Seals Intact? El Yes No Biological Tissue Frozen? El Yes El No I J/A Packing Material. Bubble Wrap [Bubble Bags ❑None Li Other Temp Blank? Yes ❑No Thermometer: ❑T1(0461) ❑T2(0436) ❑T3(0459) ❑T4(0402) ❑TS(0178) Type of Ice:! et ❑ Blue [ I Dry ❑ None ❑T6(0235) T7(0042) ❑T8(0775) ❑T9(0727) ❑01339252/1710 111 Melted Did Samples Originate in West Virginia? ❑Yes S,No Were All Container Temps Taken? ❑Yes ❑No IS,N/A Temp should be above freezing to 6°C Cooler temp Read w/Temp Blank: r/ et °C Average Corrected Temp (no temp blank only): °C Correction Factor: 4'0° ( Cooler Temp Corrected w/temp blank: /2, Q °C ❑See Exceptions ENV-FRM-MIN4-0142 ❑1 Container USDA Regulated Soil: (❑ N/A,water sample/other: ) Date/Initials of Person Examining Contents: r"C. S'ffP?j7 Did samples originate in a quarantine zone within the United States:AL,AR,AZ CA,FL, Did samples originate from a foreign source(internationally, GA,ID,LA,MS,NC,NM,NY,OK,OR,SC,TN,TX,or VA(check maps)? ❑Yes IS No including Hawaii and Puerto Rico)? ❑Yes N No If Yes to either question,fill out a Regulated Soil Checklist(ENV-FRM-MIN4-0154)and include with SCUR/COC paperwork. Location(Check one): Li Duluth Minneapolis U Virginia COMMENTS Chain of Custody Present and Filled Out? Yes Li No 1. Chain of Custody Relinquished? Yes U No 2. Sampler Name and/or Signature on COC? Yes U No Li N/A 3. Samples Arrived within Hold Time? Yes L No 4.If fecal: Li <8 hrs U >8 hr, <24 I I No Short Hold Time Analysis(<72 hr)? Yes N No 5. a Fecal Coliform U HPC Li Total Coliform/Ecoli ❑BOD/cBOD LI Hex ChromU Turbidity❑Nitrate ❑Nitrite❑Orthophos ❑Other Rush Turn Around Time Requested? Li Yes N,No 6. Sufficient Sample Volume? Yes Li No 7. Correct Containers Used? Yes Li No Li N/A 8. -Pace Containers Used? Yes ❑No Containers Intact? Yes Li No 9. Field Filtered Volume Received for Dissolved Tests? Li Yes Li No &N/A 10.Is sediment visible in the dissolved container? Li Yes u No Is sufficient information available to reconcile the samples to the N,Yes Li No 11.If no,write ID/Date/Time of container below: COC? ❑See Exceptions Matrix: ❑Waters.Soil ❑Oil ❑Other ENV-FRM-MIN4-0142 All containers needing acid/base preservation have been I Yes Li No u N/A 12.Sample# checked? All containers needing preservation are found to be in ❑Yes ❑No siN/A ❑NaOH ❑HNO3 compliance with EPA recommendation? ❑ H2SO4 LI Zinc Acetate (HNO3,H2SO4,<2pH,NaOH>9 Sulfide,NaOH>10 Cyanide) Exceptions:VOA,Coliform,TOC/DOC Oil and Grease,DRO/8015 ❑Yes ❑No NN/A Positive for Residual ❑Yes ❑See Exceptions (water)and Dioxins/PFAS Chlorine? ❑No ENV-FRM-MIN4-0142 (*If adding preservative to a container,it must be added to pH Paper Lot# associated field and equipment blanks--verify with PM first.) Residual Chlorine 0-6 Roll '0-6 Strip 0-14 Strip Headspace in Methyl Mercury Container? Li Yes U No N N/A 13. Extra labels present on soil VOA or WIDRO containers? Yes Li No Li N/A 14. Li See Exceptions Headspace in VOA Vials(greater than 6mm)? Yes ❑No ®N/A ENV-FRM-MIN4 0142 3 Trip Blanks Present? Yes Li No Li N/A 15. �1 22 Trip Blank Custody Seals Present? .§Sqes ❑No ❑ N/A Pace Trip Blank Lot#(if purchased): GZ4t/S°J(u) CLIENT NOTIFICATION/RESOLUTION Field Data Required? Li Yes Li No Person Contacted: Terri Olson Date/Time: 5/18/23 Comments/Resolution: Client avnfirmed DRO with silica gel treatment per email. Project Manager Review: — _ / Date: 5/18/23 NOTE:Whenever there is a discrepancy affecting t'crth Carolina compliance samples,a copy of this form will be sent to the North Carolina DEHNR Certification Office li.e.,out of hold,incorrect preservative,out of temp,incorrect containers). Labeled By: MLS Line: Qualtrax ID:52742 Pace®Analytical Services, LLC Paae2i8ii4 Data File: \\v1Owintarget',.ohem\10gos9.iW51923dro.b\051923000038.11 Page 2 Date : 19-MAY-2023 1728 cf CV Client ID: SED-01 Instrument: logos9.i 4- m Sample Info: 10653743001 c\I Volume Injected (uL): 1.0 Operator: EE3 cn m Column phase: DE-5-U823040003 Column diameter: 0.32 M '..'..vlOwintarget'..ohemUOgos9.iW51923dro.bW51923000038.11 7.87 !:,7! 7.1E. 7.4H 1-3 .._ 1- 6.6H 6.4 6.2 6.0 5.8H 5.6 5.4 5.2H 5.0 4.8 4.1E. 4.4H 4.'7' -: r 4.0 o ,A 7 ..., _, . . - 3.4 3.2H 3.0 2.8 2.6 2.4 1 2.2 1 11 I 2.0 ri ' i 1 191 ( 1.8 ',.... I 1. ° "•lifil ! 'ell 6H I , V. - 1 1.2 4 I 04.8 .. 04.1E , 0.4H 4 1, ib ., . ... -.4,.f44 llaillilla-a-J 01 I I I -11111-111---1-'-t- li il il 1-HEI-41-Hil-HI -44 o.o 0.2 0.4 0.6 0.8 1.0 1.2 1.4 1.6 1.8 2.0 2.2 2.4 2.6 4.0 4.2 4.4 4.6 4.8 Min Data File: \\vlOwintargetohem\lOgos9.i',051923dro.b\051923000007.11 Page 2 Date : 19-MAY-2023 12:11 71- CN1 Client ID: SED-02 Instrument: logos9.i Sample Info: 10653743002 (NJ Volume Injected (uL): 1.0 Operator: E53 Column phase: DE-5-US23040003 Co 1 umn i ameter 0.32 0_ '..',v1Owintarget'..ohemUOgos9.i',051923dro.b',051923000007.11 6.47 - 6.2 6.0 5.8 5.4 5,2 5,0- 4,8 4.6H 4.4 4,2 4.0 3.8 3,6 3.4 • 0 x : 3.07 2.4 2.0 1.8 1.4 1.27 r/4 I ro CH 11') 0.47 0.2 .1 II( %-----i--1-1.1HH44.11-1111111111111111111121 0.0 0.2 0.4 0.6 0.8 1.0 1.2 1.4 1.6 1.8 2.0 2.2 2.4 2.6 2.8 3.0 3,2 3.4 3.6 3.8 4.0 4.2 4.4 4.6 4.8 Min Appendix D Cost Estimates PREPARED BY: BARR ENGINEERING COMPANY SHEET: 1 OF 1 ARR CREATED BY: ADB2 DATE: 11/17/2023 ENGINEER'S OPINION OF PROBABLE PROJECT COST CHECKED BY: JPP DATE: 12/14/2023 PROJECT: Arby's Pond Stormwater Improvements - Concept 1 APPROVED BY: DATE: LOCATION: City of Apple Valley ISSUED: DATE: PROJECT #: 23191495.00 ISSUED: DATE: OPINION OF COST - SUMMARY ISSUED: DATE: Engineer's Opinion of Probable Project Cost Arby's Pond Stormwater Improvements - Concept 1 Feasibility Study Cat. ESTIMATED No. ITEM DESCRIPTION UNIT QUANTITY UNIT COST ITEM COST NOTES A Mobilization LS 1 $43,000 $43,000 1,2,3,4,5,6 B Traffic and Pedestrian Safety Control Measures LS 1 $5,000 $5,000 1,2,3,4,5,6 C Construction Staking LS 1 $10,000 $10,000 1,2,3,4,5,6 D Dewatering LS 1 $35,000 $35,000 1,2,3,4,5,6 E Storm Drain Inlet Protection (P) EA 8 $200 $1,600 1,2,3,4,5,6 F Tree Protection Fencing LF 1,100 $4 $4,400 1,2,3,4,5,6 G Stabilized Construction Entrance EA 1 $5,000 $5,000 1,2,3,4,5,6 H Daily Street Sweeping LS 1 $10,000 $10,000 1,2,3,4,5,6 I Common Excavation - Excavate, Haul, and Dispose Offsite (CONTAMINATED LEVEL 3) TON 3,536 $75 $265,200 1,2,3,4,5,6 J Chain Link Fence LF 1,200 $65 $78,000 1,2,3,4,5,6 K Random Riprap, Class II with Filter Fabric (P) TON 81 $150 $12,096 1,2,3,4,5,6 L Granular Filter Material (P) TON 7 $65 $437 1,2,3,4,5,6 M Turf Seeding with Hydromulch SY 389 $4 $1,556 1,2,3,4,5,6 N Subsoiling AC 0.1 $10,000 $803 1,2,3,4,5,6 CONSTRUCTION SUBTOTAL $472,000 1,2,3,4,5,6,7,8 CONSTRUCTION CONTINGENCY (25%) $118,000 1,4,8 ESTIMATED CONSTRUCTION COST $590,000 1,2,3,4,5,6,7,8 ESTIMATED ACCURACY RANGE -15% $502,000 1,2,3,4,5,6,7,8 25% $738,000 1,2,3,4,5,6,7,8 Notes 1 Quantities based on Design Work Completed. 2 Unit Prices Based on Information Available at This Time. s Limited Soil Boring and Field Investigation Information Available. 4 This design level (Class 4, 5-15%design completion per ASTM E 2516-11)cost estimate is based on feasibility design, alignments, quantities and unit prices.Time value-of-money escalation costs are not included. A construction schedule is not available at this time. Contingency is an allowance for the net sum of costs that will be in the Final Total Project Cost at the time of the completion of design, but are not included at this level of project definition. The estimated accuracy range for the Total Project Cost as the project is defined is-15%to+25%. The accuracy range is based on professional judgement considering the level of design completed,the complexity of the project and the uncertainties in the project as scoped. The contingency and the accuracy range are not intended to include costs for future scope changes that are not part of the project as currently scoped or costs for risk contingency. Operation and Maintenance costs are not included. 5 Estimate assumes that projects will not be located on contaminated soil. 6 Estimate costs are to construct each alternative.The estimated costs do not include design, permitting, maintenance, monitoring, or additional engineering tasks. 'Furnish and Install pipe cost includes all trenching, bedding, backfilling,compaction, and disposal of excess materials 8 Estimate costs are reported to nearest thousand dollars. P:\Mpls\23 MN\19\23191495 Arbys Pond Stormwater Improve\WorkFiles\Summary Memo\App D- Cost Estimates\Engineers OPC_Arbys Pond_Concept 1.xlsx PREPARED BY: BARR ENGINEERING COMPANY SHEET: 1 OF 1 ARR CREATED BY: ADB2 DATE: 11/17/2023 ENGINEER'S OPINION OF PROBABLE PROJECT COST CHECKED BY: JPP DATE: 12/14/2023 PROJECT: Arby's Pond Stormwater Improvements - Concept 2 APPROVED BY: DATE: LOCATION: City of Apple Valley ISSUED: DATE: PROJECT#: 23191495.00 ISSUED: DATE: OPINION OF COST - SUMMARY ISSUED: DATE: Engineer's Opinion of Probable Project Cost Arby's Pond Stormwater Improvements - Concept 2 Feasibility Study Cat. ESTIMATED No. ITEM DESCRIPTION UNIT QUANTITY UNIT COST ITEM COST NOTES A Mobilization LS 1 $126,000 $126,000 1,2,3,4,5,6 B Traffic and Pedestrian Safety Control Measures LS 1 $5,000 $5,000 1,2,3,4,5,6 C Construction Staking LS 1 $25,000 $25,000 1,2,3,4,5,6 D Dewatering LS 1 $50,000 $50,000 1,2,3,4,5,6 E Sediment Log (P) LF 1,150 $3 $3,450 1,2,3,4,5,6 F Storm Drain Inlet Protection (P) EA 8 $200 $1,600 1,2,3,4,5,6 G Tree Protection Fencing LF 650 $4 $2,600 1,2,3,4,5,6 H Stabilized Construction Entrance EA 1 $5,000 $5,000 1,2,3,4,5,6 I Daily Street Sweeping LS 1 $10,000 $10,000 1,2,3,4,5,6 J Clearing and Grubbing Trees/Shrubs less than 12" Diameter LS 1 $7,500 $7,500 1,2,3,4,5,6 K Removal and Disposal of Tree &Stump 12 inch Diameter or Greater EA 7 $1,500 $10,500 1,2,3,4,5,6 L Remove and Dispose of 12" RCP LF 123 $25 $3,075 1,2,3,4,5,6 M Remove and Dispose of 24" RCP LF 20 $30 $600 1,2,3,4,5,6 N Remove and Dispose of 36" RCP LF 31 $35 $1,085 1,2,3,4,5,6 O Remove and Dispose of 12" RC FES EA 1 $300 $300 1,2,3,4,5,6 P Remove and Dispose of 24" RC FES EA 1 $350 $350 1,2,3,4,5,6 Q Remove and Dispose of 36" RC FES EA 1 $400 $400 1,2,3,4,5,6 R Remove and Dispose of 42" RC FES EA 1 $450 $450 1,2,3,4,5,6 S Remove Chain Link Fence LF 112 $7 $784 1,2,3,4,5,7 T Excavate and Stockpile Onsite Topsoil (P) CY 668 $6 $4,009 1,2,3,4,5,8 U Common Excavation - Excavate, Haul, and Dispose Offsite (CLEAN) CY 8,287 $40 $331,497 1,2,3,4,5,6 ✓ Common Excavation - Excavate, Haul, and Dispose Offsite (CONTAMINATED LEVEL 3) TON 4,597 $75 $344,760 1,2,3,4,5,6 W Common Excavation - Excavate and Place Onsite (CV) (P) CY 215 $20 $4,307 1,2,3,4,5,6 X Place Onsite Topsoil (P) CY 668 $15 $10,022 1,2,3,4,5,6 Y Select Granular Borrow(CV)for Trails including Geotextile (P) CY 511 $50 $25,536 1,2,3,4,5,6 Z Aggregate Base (CV), Class 5 (P) CY 213 $70 $14,896 1,2,3,4,5,6 AA Bituminous Pavement (Typ) SY 1,021 $30 $30,643 1,2,3,4,5,6,7 BB Modular Stone Retaining Wall SFF 2,680 $95 $254,600 1,2,3,4,5,6,7 CC Chain Link Fence LF 1,463 $65 $95,095 1,2,3,4,5,6,7 DD 42" RCP Pipe Sewer LF 12 $450 $5,400 1,2,3,4,5,6 EE 12" RC FES EA 1 $1,900 $1,900 1,2,3,4,5,6,7 FF 24" RC FES EA 1 $3,000 $3,000 1,2,3,4,5,6,7 GG 36" RC FES EA 1 $4,500 $4,500 1,2,3,4,5,6,7 HH 42" RC FES EA 1 $7,000 $7,000 1,2,3,4,5,6,7 II Random Riprap, Class II with Filter Fabric (P) TON 81 $150 $12,096 1,2,3,4,5,6,7 JJ Granular Filter Material (P) TON 7 $65 $437 1,2,3,4,5,6 KK Turf Seed with Hydromulch SY 765 $4 $3,060 1,2,3,4,5,6 LL Erosion Control Blanket,Category 3N2S (Natural Net, includes maintenance) SY 3,244 $3 $9,732 1,2,3,4,5,6 MM Seeding AC 1 $3,500 $2,346 1,2,3,4,5,6 NN Tree Planting EA 22 $600 $13,200 1,2,3,4,5,6 CONSTRUCTION SUBTOTAL $1,432,000 1,2,3,4,5,6,7,8 CONSTRUCTION CONTINGENCY (25%) $358,000 1,4,8 ESTIMATED CONSTRUCTION COST $1,790,000 1,2,3,4,5,6,7,8 ESTIMATED ACCURACY RANGE -15% $1,522,000 1,2,3,4,5,6,7,8 25% $2,238,000 1,2,3,4,5,6,7,8 Notes 1 Quantities based on Design Work Completed. 2 Unit Prices Based on Information Available at This Time. 3 Limited Soil Boring and Field Investigation Information Available. a This design level (Class 4,5-15%design completion per ASTM E 2516-11)cost estimate is based on feasibility design,alignments,quantities and unit prices.Time value-of-money escalation costs are not included. A construction schedule is not available at this time. Contingency is an allowance for the net sum of costs that will be in the Final Total Project Cost at the time of the completion of design,but are not included at this level of project definition. The estimated accuracy range for the Total Project Cost as the project is defined is-15%to+25%. The accuracy range is based on professional judgement considering the level of design completed,the complexity of the project and the uncertainties in the project as scoped. The contingency and the accuracy range are not intended to include costs for future scope changes that are not part of the project as currently scoped or costs for risk contingency. Operation and Maintenance costs are not included. 5 Estimate assumes that projects will not be located on contaminated soil. 6 Estimate costs are to construct each alternative.The estimated costs do not include design,permitting,maintenance, monitoring,or additional engineering tasks. 'Furnish and Install pipe cost includes all trenching, bedding,backfilling,compaction,and disposal of excess materials 8 Estimate costs are reported to nearest thousand dollars. P:\Mpls\23 MN\19\23191495 Arbys Pond Stormwater Improve\WorkFiles\Summary Memo\App D-Cost Estimates\Engineers OPC_Arbys Pond_Concept 2.xlsx CITY OF APPLE VALLEY RESOLUTION NO. 2024- A RESOLUTION APPROVING PROJECT 2023-134, ARBY'S POND (KL-P4) FEASIBILITY STUDY WHEREAS, the City Council authorized BARR Engineering to complete the feasibility study at the February 9, 2023, Council meeting; and WHEREAS,the feasibility study recommends improvements for storm sewer,trail additions and pond expansion within the project area; and WHEREAS, the City received a$20,000 Watershed Based Implementation Fund grant for the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that feasibility study for Project 2023-134, Arby's Pond (KL-P4) Feasibility Study, dated December 15, 2023, is hereby approved. ADOPTED this 11th day of January 2024. Clint Hooppaw, Mayor ATTEST: Pamela J. Gackstetter, City Clerk • ITEM: 4.0. • •• ••• ••• COUNCIL MEETING DATE: January 11, 2024 Apple Valley SECTION: Consent Agenda Description: Adopt Resolution Approving the Report for Project 2021-165, East Lake Subwatershed Assessment Study Staff Contact: Department/ Division: Samantha Berger, Water Resources Specialist Natural Resources Division ACTION REQUESTED: Adopt the resolution approving the report for Project 2021-165, East Lake Subwatershed Assessment study. SUMMARY: At the September 23, 2021, Council meeting, Council approved WSB Engineering to provide engineering services for completing the East Lake Subwatershed Assessment study. WSB Engineering has a master agreement previously approved with the City as part of Public Work's 2021 consultant pool. The engineering cost for this project was estimated at $33,637.00, final costs were at $37,855.50. The added costs included survey work at pond WVR-P28 (Fischer Pond), located at the northwest corner of 147th Street and Galaxie Ave. The City received $35,000 in grants as part of the 2021-2023 Watershed Based Implementation Funds (WBIF). Watershed Based Implementation funds were made available through the Clean Water Land and Legacy Amendment and distributed across watersheds throughout the metro area. Council approved the grant agreement at the April 8, 2021 Council meeting. The final deliverable included a "planning level" report with proposed BMPs (best management practices) to be implemented in the watershed to help meet water quality goals. In addition, 60% concept level plans were provided for the top three performing projects. The recommendations section includes a table comparing potential future practices by dollar per pound of pollutant removed and figures showing potential locations. See attached report for more detail. Top projects included: « Stormwater reuse at Quarry Point Park, WVR-P443 (McNamara Pond) a Added stormwater treatment at Regatta Park, pond WVR-P4334 and WVR-P4333 a Pond modifications at pond WVR-P28 (Fischer Pond) In the future, the City will utilize this report and drafted plansets for grant applications. BACKGROUND: This project included evaluating opportunities for additional stormwater management practices within the East Lake watershed. East Lake is located in Lakeville, just south of Apple Valley, and the watershed covers approximately 4,866 acres within Apple Valley. A Total Maximum Daily Load (TMDL) study for the Vermillion River Watershed, which includes East Lake, was completed in 2015. The TMDL study used watershed monitoring data and modeling results to determine a total phosphorus (TP) load reduction of approximately 210.7 pounds for the East Lake watershed within Apple Valley. The purpose of the study was to provide a sample of retrofit BMP (best management practices) options that can be used to improve stormwater management to meet TMDL reduction goals in the East Lake watershed. The study used a combination of existing stormwater GIS and BMP data provided by the city, site reconnaissance, along with stormwater modeling to determine potential BMP locations and costs. The City has funded multiple sub-watershed assessments/studies for impaired water bodies in the City. These assessments help provide a roadmap for the implementation of water quality improvement projects and have helped leverage grant dollars to complete the projects. In the future, the City will look to pursue grant dollars for these projects. BUDGET IMPACT: The 2021 Storm Drain Utility Fund and CIP budgeted $40,000 for this project and will be offset by a $35,000 grant. The total project cost ended up being $37,855.50. This also included added pond survey work at pond WVR-P28. Project Costs: Proposed Project Costs $ 33,637.00 Added Survey Work $ 4,218.50 Final Project Costs $ 37,855.50 Project Funding WBIF Grant (BWSR) $ 35,000.00 Storm Sewer Utility $ 2,855.50 Total Funding $ 37,855.50 ATTACHMENTS: Report Resolution SUBWATERSHED ASSESSMENT APPLE VALLEY— EAST LAKE SUBWATERSHED ASSESSMENT For: CITY OF APPLE VALLEY, MINNESOTA November 16, 2023 Prepared by: wsb Project funded in part by the Clean Water, Land and Legacy Amendment CLEAN ( WATER k;I LAND & LEGACY AMENDMENT APPLE VALLEY-EAST LAKE SUBWATERSHED ASSESSMENT CITY OF APPLE VALLEY WSB PROJECT NO. R-018997-000 TITLE CERTIFICATION I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed professional engineer under the laws of the State of Minnesota. 41/ (T William Alms, P.E. Date: November 16, 2023 Reg. No. 54301 APPLE VALLEY-EAST LAKE SUBWATERSHED ASSESSMENT CITY OF APPLE VALLEY WSB PROJECT NO. R-018997-000 CERTIFICATION TITLE SHEET CERTIFICATION SHEET TABLE OF CONTENTS TABLE OF CONTENTS 1.0 Executive Summary 1 2.0 Background 1 2.1 Purpose 1 2.2 Study Area 1 2.3 Modeling Methodology 2 3.0 Existing Studies/Plans 2 3.1 2015 Vermillion River Watershed TMDL Report 2 3.2 2018 Surface Water Management Plan 3 3.3 Land Use 3 3.4 Existing Conditions 3 4.0 Stormwater Improvement Options 3 4.1 Project Summaries 3 4.1.1 BMP 1.1 Regatta Park Diversion Basin (See Figure 5) 4 4.1.2 BMP 2.1 —Water Reuse/Irrigation at Quarry Pt Park(See Figure 6) 5 4.1.3 BMP 2.2—Infiltration Basin at Quarry Pt Park(See Figure 6) 5 4.1.4 BMP 3.1 Lift Station Diversion at WVR-P45 (See Figure 7) 6 4.1.5 BMP 4.1 Lift Station Diversion at WVR-P26 (See Figure 8) 7 4.1.6 BMP 5.1 Contouring Pond WVR-P50 (See Figure 9) 8 4.1.7 BMP 5.2 Filter Bench at WVR-P50 (See Figure 10) 9 4.1.8 BMP 6.1 —Alum Treatment at McNamara Pond(See Figure 11) 10 4.1.9 BMP 7.1 —Alum Treatment at Fischer Pond(See Figure 12) 11 4.1.10 BMP 8.1 —Alum Treatment at WVR-P50 (See Figure 13) 12 4.1.11 BMP 9.1 —Alum Treatment at WVR-P27 (See Figure 14) 13 4.1.12 BMP 10.1 —Fischer Pond Maintenance (See Appendix A) 14 4.2 Project Ranking 14 5.0 Additional Recommendations and Analysis 17 5.1 Pond Maintenance Prioritization 17 5.2 Structural Water Quality BMPs 17 6.0 Conclusions 17 APPLE VALLEY-EAST LAKE SUBWATERSHED ASSESSMENT CITY OF APPLE VALLEY WSB PROJECT NO.018997-000 TABLE OF CONTENTS TABLES Table 1: East Lake Phosphorus TMDL and Allocations 2 Table 2: BMP 1.1 Improvements at WVR-P4334 and WVR-P4333 4 Table 3: BMP 2.1 Improvements at WVR-P443 5 Table 4: BMP 2.2 Improvements 5 Table 5: BMP 3.1 Improvements at WVR-P45 6 Table 6: BMP 4.1 Improvements at WVR-P26 7 Table 7: BMP 5.1 Improvements at WVR-P50 8 Table 8: BMP 5.2 Improvements at WVR-P50 9 Table 9: BMP 6.1 Improvements at WVR-P443 10 Table 10: BMP 7.1 Improvements at WVR-P28 11 Table 11: BMP 8.1 Improvements at WVR-P50 12 Table 12: BMP 9.1 Improvements at WVR-P27 13 Table 13: Fischer Pond Water Quality Analysis 14 Table 14: BMP Removals and Costs 15 Table 15: BMP Cost Benefit Prioritization 16 FIGURES Figure 1: East Lake Subwatershed Figure 2: Watershed TP Loading Map Figure 3: Existing TP Output Figure 4: Potential BMP Sites Figure 5: Regatta Park Diversion Basin Figure 6: Quarry Point Park Irrigation & Infiltration Figure 7: WVR P-45 Lift Station Figure 8: WVR-P26 Lift Station Figure 9: WVR-P50 Improvements Figure 10: WVR-P50 Filter Bench Figure 11: McNamara Pond Alum Treatment Figure 12: Fischer Pond Alum Treatment Figure 13: WVR-P50 Alum Treatment Figure 14: WVR-P27 Alum Treatment APPENDICES Appendix A: WVR-P28 Maintenance Memo (WSB) Appendix B: BMP Concept Plans (WSB) APPLE VALLEY-EAST LAKE SUBWATERSHED ASSESSMENT CITY OF APPLE VALLEY WSB PROJECT NO.018997-000 TABLE OF CONTENTS 1.0 Executive Summary This subwatershed assessment analyzes the City of Apple Valley's (the City) portion of the drainage area to East Lake and details Best Management Practice (BMP) recommendations to reduce phosphorus loading to the lake. East Lake is located south of the City and within the City limits of the City of Lakeville. The total drainage area to East Lake is 4,864 acres, with 4,652 acres draining through McNamara pond in the City of Apple Valley to East Lake. Potential BMP options and specific locations were identified by the City and WSB as a part of this study and were developed based on a variety of factors: existing BMPs already in place, areas with large tributary areas to East Lake, and areas with green space available. Proposed BMP sizes and locations were evaluated using P8 to determine water quality improvement potential. Reuse calculations using 50 plus years of rainfall data and estimated pollutant concentrations were also used to help quantify pollutant removals for some of the BMPs. Alum treatment removals were developed based on experience on similar recent projects. The BMPs were then prioritized based on water quality benefit, construction and operation/maintenance costs, and constructability. The BMPs performing the best in those areas were ranked (Table 15) and investigated further in this order. In addition to looking at potential BMPs, WSB evaluated previous studies to identify characteristics of the East Lake subwatershed that could be investigated further for potential phosphorus removal (Section 5.0). 2.0 Background 2.1 Purpose In 2012, East Lake was designated as an impaired water for aquatic recreation due to excess nutrient levels. A Total Maximum Daily Load (TMDL) assessment was completed in 2015 that designated internal and watershed categorical wasteload reductions to meet water quality standards. Wasteload reductions for phosphorus from stormwater runoff were targeted for water quality improvement. As a large portion of East Lake's drainage area is within the City of Apple Valley, a subwatershed assessment of the Apple Valley portion to East Lake was requested by the City to more accurately model the Apple Valley subwatersheds and identify and prioritize feasible treatment options. 2.2 Study Area The East Lake watershed is 4,864 acres, with over 4,650 acres within the City of Apple Valley (Figure 1), and small portions within the cities of Lakeville and Rosemount. The watershed is highly developed, consisting of primarily industrial, commercial, and residential land uses. Although numerous stormwater ponds currently exist in Apple Valley, Lakeville, and Rosemount, water quality standards in East Lake are not being met. The entirety of the East Lake subwatershed within the City of Apple Valley flows into McNamara Pond, located at the south end of the City. As such, McNamara pond has very high phosphorus loading and releases hundreds of pounds of phosphorus into East Lake each year. The focus of this study is on untreated/undertreated subwatersheds in close proximity to McNamara pond, as these offer the best opportunity for improvement. Cobblestone Lake, located within the southeast part of the City of Apple Valley, also drains to East Lake via a pump. However, this study did not evaluate drainage to and from Cobblestone Lake. APPLE VALLEY-EAST LAKE SUBWATERSHED ASSESSMENT CITY OF APPLE VALLEY WSB PROJECT NO.018997-000 PAGE 1 2.3 Modeling Methodology As part of the City's 2018-2027 Surface Water Management Plan (SWMP), Hydrologic and Hydraulic and Water Quality models were developed of the City's stormwater system using PCSWMM and P8 respectively. These models, along with monitoring data collected by both the City and WSB, were used to establish an existing condition as a benchmark. The existing conditions were compared to potential improvement option results. Improvement options were evaluated based on the results of updated P8 models with BMP modification/retrofit and additional options at identified priority locations. Priority locations were identified spatially using ArcGIS Pro, the tributary area, and the ability to accommodate BMP improvements. Twelve locations were originally identified as potential BMP locations. Of those, 10 were determined to merit further consideration. To determine the most effective solutions, the potential options were prioritized based on water quality benefit, construction and maintenance costs, and constructability. 3.0 Existing Studies/Plans 3.1 2015 Vermillion River Watershed TMDL Report In 2015, an assessment of East Lake was completed as part of the Vermillion River Watershed Joint Powers Organization (VRWJPO)TMDL Report for the Vermillion River watershed. The report outlined current conditions, causes, TMDL allocations, implementation strategies, and water quality goals. The TMDL allocations are outlined in Table 1 below. Table 1: East Lake Phosphorus TMDL and Allocations Existing TP Load Allowable TP Estimated Load Load Reduction lbs/yr lbs/day lbs/yr lbs/day lbs/yr' % Total WLA 723.8 1.98 460.6 1.26 263.2 36% Construction/Industrial SW 14.1 0.04 14.1 0.04 0 0% Apple Valley(MS400074) 591.7 1.62 381.0 1.04 210.7 36% Dakota County(MS400132) 11.9 0.03 7.4 0.02 4.5 38% Wasteload Eagan (MS400014) 0.05 0.0001 0.05 0.0001 0 0% Empire Township(MS400135) 0.003 0.00001 0.003 0.00001 0 0% Lakeville (MS400099) 94.1 0.26 50.3 0.14 43.8 47% MnDOT(MS400170) 11.9 0.03 7.7 0.02 4.2 36% Rosemount(MS400117) 0.00002 0.0000001 0.00002 0.0000001 0 0% Total LA 260.8 0.71 113.8 0.31 147.0 56% Non-MS4 runoff Load Alimagnet Lake 82.1 0.22 54.8 0.15 27.3 33% Cobblestone Lake 3.5 0.01 3.5 0.01 0 0% Atmospheric deposition 10.2 0.03 10.2 0.03 0 0% Internal load 165.0 0.45 45.3 0.12 119.7 73% MOS 30.2 0.08 Total Load (TMDL) 984.6 2.69 604.6 1.65 410.2 42% 1 Net reduction from current load to TMDL is 380.0 Ibs/yr; but the gross load reduction from all sources must accommodate the MOS as well,and hence is 380.0+30.2(MOS)=410.2 lbs/yr. The TMDL report also provided an implementation strategy for reducing the nutrient loading to the Vermillion River watershed. These reduction strategies included education programs, shoreline restoration projects, rain gardens, street sweeping programs, and stormwater pond retrofits. APPLE VALLEY-EAST LAKE SUBWATERSHED ASSESSMENT CITY OF APPLE VALLEY WSB PROJECT NO.018997-000 PAGE 2 3.2 2018 Surface Water Management Plan In 2018 Barr Engineering Co. completed a Surface Water Management Plan (SWMP)for the City. This plan included an inventory of land and water resources, a stormwater system analysis, goals for the City, and an implementation program to meet these goals. The plan addressed issues facing the City including water quality and quantity concerns, flood risk, wetland management, and erosion and sediment control. The plan included P8 water quality models for the west Vermillion River watershed. The implementation plan program provided capital improvement projects to help the City meet its water quality goals, including projects within the East Lake subwatershed. Key locations include Regatta park, as well as City hall. The plan also stresses the importance of properly maintaining BMPs, and how lack of maintenance can impact the performance of new and existing facilities. 3.3 Land Use The Apple Valley portion of the East Lake drainage area is highly urbanized, including numerous residential neighborhoods, industrial and commercial areas, and major roadways. Calculated impervious percentage by drainage area ranges from 0-82 percent. High impervious fractions allow stormwater to runoff without infiltration, allowing for increased pollutant transport and deposition. As shown in Figure 2, industrial and commercial areas near the south end of the City have a higher phosphorus loading rate than areas in the City with less impervious surface. 3.4 Existing Conditions As shown in Figure 3, stormwater runoff from portions of the 4,864-acre watershed is currently routed through existing BMPs via storm sewer before entering East Lake through McNamara Pond. Many of these BMPs are undersized and do not provide adequate treatment. The 2015 TMDL assessment found that approximately 620 lbs of phosphorus enters East Lake from McNamara Pond each year. Along with the TMDL, the 2018 SWMP P8 Models were used to establish existing conditions, as well as evaluate current treatment from existing BMPs. The P8 models were then modified to evaluate the potential benefit from additional BMPs. 4.0 Stormwater Improvement Options Stormwater improvements options were identified based on strategic locations for potential BMPs. The general locations identified are shown in Figure 4. These nine locations were modeled to determine which had significant water quality impacts. 4.1 Project Summaries Twelve stormwater BMPs were deemed worth considering and were investigated by WSB on behalf of the City to further evaluate viability. Descriptions, maps, pollutant removal tables, and costs for each option are shown in sections 4.1.1 through 4.1.12 below. APPLE VALLEY-EAST LAKE SUBWATERSHED ASSESSMENT CITY OF APPLE VALLEY WSB PROJECT NO.018997-000 PAGE 3 4.1.1 BMP 1.1 Regatta Park Diversion Basin (See Figure 5) This proposed BMP consists of an underground infiltration chamber located in Regatta Park. This BMP would be constructed underneath the two existing basins, near Regatta Park, WVR-P4333 AND WVR-P4334. A linear infiltration chamber would be constructed using large, perforated pipe and native soils. The two existing basins would then be converted from wet ponds to infiltration basins that drain through the underground system. The infiltration basin would have approximately 2 ac-ft of storage and be routed to via a diversion of the existing 66" RCP storm sewer that currently flows through Regatta park. The soil in this area was found to be in the HSG A type of soils, with an assumed infiltration rate of 1.0 in/hr. Table 2 summarizes the treatment provided by this basin. Table 2: BMP 1.1 Improvements at WVR-P4334 and WVR-P4333 Infiltration Estimated Direct Estimated Chamber Size of Existing TP TP Removal TP Removal Size (ac-ft) watershed (ac) Load (Ib/yr) (Ib/yr) to East Lake (Ib/yr) 2 3,491 222.4 70.3 62.6 BMP 1.1 would remove 62.6 lbs/yr of TP from East Lake. This improvement is estimated to cost$1,527,930 with a 5-year maintenance cost of$20,000. The 25-year cost benefit of this option would be $1,040 per pound of TP removed. Additional Considerations for this option: • Consider potential issues with depth of storm sewer/constructability. • Need to confirm infiltration rates. • Confirm groundwater elevations. APPLE VALLEY-EAST LAKE SUBWATERSHED ASSESSMENT CITY OF APPLE VALLEY WSB PROJECT NO.018997-000 PAGE 4 4.1.2 BMP 2.1 —Water Reuse/Irrigation at Quarry Pt Park (See Figure 6) This proposed option consists of reusing stormwater from McNamara Pond, WVR-443, to irrigate the fields at Quarry Pt Park via a new lift station. The proposed irrigation area would include 24.4 acres of greenspace. It is assumed that the area will be irrigated with 0.33 inches of water 3 days per week during the months of August to October. Table 3 summarizes the treatment provided by the irrigation. Table 3: BMP 2.1 Improvements at WVR-P443 Area of Depth of Irrigation Frequency Length of Irrigation TP removal Irrigation Irrigation (to East Lake) (In/day) (days/week) (weeks) (ac) (Ib/yr) 24.4 0.33 3 18 13.4 4.1.3 BMP 2.2—Infiltration Basin at Quarry Pt Park (See Figure 6) This proposed BMP consists of an underground infiltration basin underneath the soccer fields at Quarry Pt Park as an addition to the above water reuse system. The infiltration basin would provide approximately 2 ac-ft of storage for usage when irrigation is not occurring. The soil in this area was found to be in the HSG B type of soils, with an assumed infiltration rate of 0.45 in/hr. This basin would use the same lift station as the proposed irrigation system from BMP 3.1, drawing water from McNamara Pond. Table 4 summarizes the treatment provided by the infiltration basin. Table 4: BMP 2.2 Improvements Infiltration Estimated TP Chamber Existing TP Removal to Footprint Load (Ib/yr) East Lake (ac) (Ib/yr) 0.75 N/A 46.3 BMPs 2.1 and 2.2 would remove a combined 59.7 lbs/yr of TP from East Lake. The combined cost of these improvements is estimated to cost$1,941,584 with an annual cost of$5,000 for pump operation and maintenance and a 5-year maintenance cost of $20,000 for sediment removal. The combined 25-year cost benefit of these two options would be $1,452 per pound of TP removed. Additional Considerations for this option: • Install piezometers and confirm infiltration rates and seasonal groundwater table. • Irrigation timing may vary. APPLE VALLEY-EAST LAKE SUBWATERSHED ASSESSMENT CITY OF APPLE VALLEY WSB PROJECT NO.018997-000 PAGE 5 4.1.4 BMP 3.1 Lift Station Diversion at WVR-P45 (See Figure 7) This proposed BMP consists of a small underground infiltration basin constructed north of ponds WVR-P45 and WVR-P45.1. This basin would use an existing lift station that currently exists at the outlet of this pond. The basin would provide approximately 0.57 ac- ft of storage. The soil in this area was found to be in the HSG B type of soils, with an assumed infiltration rate of 0.45 in/hr. Table 5 summarizes the treatment provided by the infiltration basin. Table 5: BMP 3.1 Improvements at WVR-P45 Infiltration Estimated Estimated TP Chamber Size of Existing TP Direct TP Removal to Size (ac-ft) watershed (ac) Load (lb/yr) Removal East Lake (lb/yr) (lb/yr) 0.6 237 124 17.9 16.1 BMP 3.1 would remove 16.1 lbs/yr of TP from East Lake. This improvement is estimated to cost$669,088 with an annual cost of$5,000 for pump operation and maintenance and a 5-year cost of$10,000 sediment removal. The 25-year cost benefit of this option would be $2,097 per pound of TP removed. Additional Considerations for this option: • Lift station sequencing may vary. • Deconflicting the BMP with adjacent development may be necessary. APPLE VALLEY-EAST LAKE SUBWATERSHED ASSESSMENT CITY OF APPLE VALLEY WSB PROJECT NO.018997-000 PAGE 6 4.1.5 BMP 4.1 Lift Station Diversion at WVR-P26 (See Figure 8) This proposed BMP consists of a small underground filtration basin constructed next to pond WVR-P26. This basin would use an existing lift station that currently exists at the outlet of this pond. The basin would provide approximately 1 ac-ft of storage. The basin would be constructed with a filter media filtration rate of 1 in/hr. Table 6 summarizes the treatment provided by the filtration basin. Table 6: BMP 4.1 Improvements at WVR-P26 Infiltration Estimated Estimated Chamber Size of Existing TP Direct TP TP Removal Size (ac-ft) watershed (ac) Load (lb/yr) Removal to East Lake (Ib/yr) (lb/yr) 1.0 650 153 36.7 23.1 BMP 4.1 would remove 23.1 lbs/yr of TP from East Lake. This improvement is estimated to cost$854,157 with an annual cost of$5,000 for pump operation and maintenance and a 5-year cost of$50,000 for media replacement. The 25-year cost benefit of this option would be $2,128 per pound of TP removed. Additional Considerations for this option: • Privately owned parcel • Flooding issues at WVR-P26 APPLE VALLEY-EAST LAKE SUBWATERSHED ASSESSMENT CITY OF APPLE VALLEY WSB PROJECT NO.018997-000 PAGE 7 4.1.6 BMP 5.1 Contouring Pond WVR-P50 (See Figure 9) This proposed BMP consists of contouring the bottom of pond WVR-P50 to provide extended detention time and increased sedimentation. The pond would be modified to include forebays at each of the inlets, as well as a deeper pool near the outlet to increase sedimentation. Table 7 summarizes the treatment provided by contouring the bottom of the pond. Table 7: BMP 5.1 Improvements at WVR-P50 Estimated Existing Pond Proposed Pond Existing TP proposed Direct Estimated Additional Dead Storage Dead Storage Removal TP Removal to East (ac-ft) (ac-ft) (lb/yr) TP Removal Lake (lb/yr) (Ib/yr) 10.57 15.00 82.7 92.0 8.4 The improvement is estimated to cost $1,232,053. The 25-year cost benefit of this option would be $5,867 per pound of TP removed. Additional Considerations for this option: • A bathymetric survey would need to be conducted to accurately assess the existing condition of the pond. APPLE VALLEY-EAST LAKE SUBWATERSHED ASSESSMENT CITY OF APPLE VALLEY WSB PROJECT NO.018997-000 PAGE 8 4.1.7 BMP 5.2 Filter Bench at WVR-P50 (See Figure 10) As an alternative to contouring the pond, this proposed BMP would consist of constructing a filter bench near the outlet of pond WVR-P50. The filter bench would be sized at approximately 10 percent of the pond's current footprint and would have a filter media with a filtration rate of 1 in/hr. Because of the limited elevation drop at the outlet, a pump would be used to bring water to the filter area, drawing down the current pond's normal water level by approximately 0.11'. Table 8 summarizes the treatment provided by the filtration basin. Table 8: BMP 5.2 Improvements at WVR-P50 Filter Size of Estimated Direct Estimated TP Bench tributary Existing TP TP Removal Removal to East Size (ac) watershed (ac) Load (Ib/yr) (lb/yr) Lake (Ib/yr) 0.416 390 98.3 25.6 23.1 BMP 5.2 would remove 23.1 lbs/yr of TP from East Lake. This improvement is estimated to cost$465,290 with an annual cost of$5,000 for pump operation and maintenance and a 5-year cost of$20,000 for media replacement. The 25-year cost benefit of this option would be $1,195 per pound of TP removed. Additional Considerations for this option: • Further analysis recommended for determining impacts of lowering WVR-P50's normal water level. APPLE VALLEY-EAST LAKE SUBWATERSHED ASSESSMENT CITY OF APPLE VALLEY WSB PROJECT NO.018997-000 PAGE 9 4.1.8 BMP 6.1 —Alum Treatment at McNamara Pond (See Figure 11) This proposed BMP involves Alum dosing McNamara pond to help control the amount of phosphorus discharged downstream by removing phosphorus from the water column and reducing sediment release. Table 9 shows the estimated dosing of alum required and estimated annual phosphorus removal. Table 9: BMP 6.1 Improvements at WVR-P443 Pond Estimated Dead Recommended TP Load Estimated Cost Surface Pool Storage Dose of Alum (g Reduction Range ($/Ib TP Removed) Area Volume (ac-ft) AI/m ) (Ibs/yr) 8.48 ac 40.26 25 28—55 $160 (both cells) Alum treatment of McNamara Pond would remove 28-55 lbs/yr of TP from East Lake. Each dose is estimated to cost$33,100 with dosing required every 5 years. The 25-year cost of this option would be $165,500, with an average of$160 per pound of TP removed over the 25 years. Additional Considerations for this option: • A sediment release rate study is recommended to be completed prior to alum treatments at the cost of$6,000 per pond. APPLE VALLEY-EAST LAKE SUBWATERSHED ASSESSMENT CITY OF APPLE VALLEY WSB PROJECT NO.018997-000 PAGE 10 4.1.9 BMP 7.1 —Alum Treatment at Fischer Pond (See Figure 12) This proposed BMP involves Alum dosing Fischer Pond, WVR-P28, to help control the amount of phosphorus discharged downstream by removing phosphorus from the water column and reducing sediment release. Table 10 shows the estimated dosing of alum required and estimated annual phosphorus removal. Table 10: BMP 7.1 Improvements at WVR-P28 Pond Estimated Dead Recommended TP Load Surface Pool Storage Dose of Alum (g Reduction Range Estimated Cost Area Volume (ac-ft) AI/m2) (lb/yr) ($/Ib TP Removed) 6.16 ac 21.3 30 20-40 $187 Alum treatment of Fischer Pond would remove 20-40 lbs/yr of TP from East Lake. Each dose is estimated to cost$28,000 with dosing required every 5 years. The 25-year cost of this option would be $140,000, with an average of$187 per pound of TP removed over the 25 years. Additional Considerations for this option: • A sediment release rate study is recommended to be completed prior to alum treatments at the cost of$6,000 per pond. APPLE VALLEY-EAST LAKE SUBWATERSHED ASSESSMENT CITY OF APPLE VALLEY WSB PROJECT NO.018997-000 PAGE 11 4.1.10 BMP 8.1 —Alum Treatment at WVR-P50 (See Figure 13) This proposed BMP involves Alum dosing WVR-P50 to help control the amount of phosphorus discharged downstream by removing phosphorus from the water column and reducing sediment release. Table 11 shows the estimated dosing of alum required and estimated annual phosphorus removal. Table 11: BMP 8.1 Improvements at WVR-P50 Pond Estimated Dead Recommended TP Load Estimated Cost Surface Pool Storage Dose of Alum (g Reduction Range ($/Ib TP Removed) Area Volume (ac-ft) AI/m ) (lb/yr) 4.17 12.8 20 14 - 27 $227 Alum treatment of WVR-P50 would remove 14 - 27 lbs/yr of TP from East Lake. Each dose is estimated to cost$23,000 with dosing required every 5 years. The 25-year cost of this option would be $115,000, with an average of$227 per pound of TP removed over the 25 years. Additional Considerations for this option: • A sediment release rate study is recommended to be completed prior to alum treatments at the cost of$6,000 per pond. APPLE VALLEY-EAST LAKE SUBWATERSHED ASSESSMENT CITY OF APPLE VALLEY WSB PROJECT NO.018997-000 PAGE 12 4.1.11 BMP 9.1 —Alum Treatment at WVR-P27 (See Figure 14) This proposed BMP involves Alum dosing WVR-P27 to control the amount of phosphorus discharged downstream by removing phosphorus from the water column and reducing sediment release. Table 12 shows the estimated dosing of alum required and estimated annual phosphorus removal. Table 12: BMP 9.1 Improvements at WVR-P27 Pond Estimated Dead Recommended TP Load Estimated Cost Surface Pool Storage Dose of Alum (g Reduction Range ($/Ib TP Removed) Area Volume (ac-ft) AI/m ) (lb/yr) 1.81 6 20 6— 12 $468 Alum treatment of WVR-P27 would remove 6— 12 lbs/yr of TP from East Lake. Each dose is estimated to cost $20,700 with dosing required every 5 years. The 25-year cost of this option would be $103,500, with an average of$468 per pound of TP removed over the 25 years. Additional Considerations for this option: ■ A sediment release rate study is recommended to be completed prior to alum treatments at the cost of$6,000 per pond. APPLE VALLEY-EAST LAKE SUBWATERSHED ASSESSMENT CITY OF APPLE VALLEY WSB PROJECT NO.018997-000 PAGE 13 4.1.12 BMP 10.1 —Fischer Pond Maintenance (See Appendix A) A bathymetric survey of Fischer Pond (WVR-P28)was completed alongside this study. The results of the survey show that the pond is undersized, and is not currently performing a high level of treatment. Several options for pond expansion were proposed, and their respective water quality benefits are summarized below in Table 13. See Appendix A for the full survey results and analysis. Table 13: Fischer Pond Water Quality Analysis Volume Estimated TP TSS Annual Life- Annual TP Cycle Option Description to Cost to Removal Reduction Removal TSS TP Cost Excavate' Excavate" Efficiency Efficiency Reduction Benefit (CY) ($) (%) (Ibs/yr) (%) (tons/yr) ($/lbTP) Existing 2.41' average NA NA 42.5% 195.2 68.7% 47.81 NA depth 1 Excavate to 14,771 $443,150 48.4% 222.4 78.% 54.65 $252 3.41' Excavate to 2 3.58' average 17,578 $527,349 49.3% 226.6 81.0% 56.40 $266 depth (As-Built depth) Excavate to 3 8.28' average 86,678 $2,600,342 62.4% 286.7 93.0% 64.75 $935 depth (NURP Depth) *The volume has been multiplied by a bulk factor of 1.4 to obtain a loose sediment volume. **Excavation cost estimates do not include indirect costs,contingencies,or access/restoration costs.Cost estimates are based on a cost of$30 per cubic yard of industrial reuse material. 4.2 Project Ranking The proposed BMP options were scored based on their total TP removal, the cost of construction and maintenance and constructability. The TP removal was given the highest weight to keep the scores in line with the City's goal of removing as phosphorus as possible. The three highest ranking permanent improvements were chosen to be the most viable long-term solutions. The alum treatment options were included in the scoring but were not selected as the City's preference is more permanent water quality solutions. Tables 14& 15 provide summaries of the BMP scores and cost estimates. APPLE VALLEY—EAST LAKE SUBWATERSHED ASSESSMENT CITY OF APPLE VALLEY WSB PROJECT NO.018997-000 PAGE 14 Table 14: BMP Removals and Costs Annual TP Estimated Estimated BMP Pond Name Description Removal to Planning Annual ID East Lake Level Costs Maintenance (Ib/yr) ($) Cost($) 1.1 WVR-P4334 Regatta Park 62.6 1,527,930 4,000 WVR-P4333 diversion basin Water reuse/Irrigation at Quarry Pt 2.1/2.2 WVR-P443 Park and 59.7 1,941,584 9,000 Infiltration Basin at Quarry Pt Park WVR-P45 Lift station 3.1 and WVR- diversion at 16.1 699,088 7,000 P45.1 WVR-P45 Lift station 4.1 WVR-P26 diversion at 23.1 854,157 15,000 WVR-P26 Contouring 5.1 WVR-P50 Pond WVR- 8.4 1,232,053 0 P50 5.2 WVR-P50 Filter Bench at 23.1 465,290 9,000 WVR-P50 Alum 6.1 WVR-P443 treatment at 28-55 33,100 6,620 McNamara Pond Alum 7.1 WVR-P28 treatment at 20-40 28,000 5,600 Fischer Pond Alum 8.1 WVR-P50 treatment at 14-27 23,000 4,600 WVR-P50 Alum 9.1 WVR-P27 treatment at 6-12 20,700 4,140 WVR-P27 10.1 WVR-P28 Fischer pond 31.4 527,349 0 maintenance APPLE VALLEY-EAST LAKE SUBWATERSHED ASSESSMENT CITY OF APPLE VALLEY WSB PROJECT NO.018997-000 PAGE 15 Table 15: BMP Cost Benefit Prioritization Estimated Estimated BMP Pond Description Construction Annualized 25-Year Cost Benefit ($/Ib Name Costs Maintenance TP Removed) Costs WVR- Alum treatment 6.1 P443 at McNamara N/A $6,620 $160 Pond 7 1 WVR- Alum treatment N/A $5,600 $187 P28 at Fischer Pond 8 1 WVR- Alum treatment N/A $4,600 $227 P50 at WVR-P50 10.1 WVR- Fischer Pond $527,349 N/A $266 P28 Maintenance 9 1 WVR- Alum Treatment N/A $4,140 $468 P27 at WVR-P27 1.1 WVR- P4334 Regatta Park $1,527,930 $4,000 $1,040 WVR- Diversion Basin P4333 5 2 WVR- Filter Bench at $465,290 $9,000 $1,195 P50 WVR-P50 Water 2 1/2 2 WVR- Reuse/Infiltration $1,941,584 $9,000 $1,452 P443 Basin at Quarry Pt Park WVR- Lift Station 3.1 P45 Diversion at $669,088 $7,000 $2,097 WVR-P45 WVR- Lift Station 4.1 P26 Diversion at $854,157 $15,000 $2,128 WVR-P26 WVR- Contouring Pond 5.1 P50 WVR-P50 $1,232,053 NA $5,867 APPLE VALLEY-EAST LAKE SUBWATERSHED ASSESSMENT CITY OF APPLE VALLEY WSB PROJECT NO.018997-000 PAGE 16 5.0 Additional Recommendations and Analysis 5.1 Pond Maintenance Prioritization MPCA guidelines state that the life expectancy of a wet pond is approximately 25 years. At the end of a pond's life cycle, sediment removal from the primary pool is recommended to return the pond to its designed state. The MPCA allows for communities to consider pollutant removals from maintaining existing stormwater ponds towards any TMDL or waste load allocation. Regular pond maintenance is a way to ensure a storm sewer system is operating in an efficient and cost-effective manner. As seen in BMP 10.1, maintaining and excavating existing ponds can drastically increase a wet pond's ability to remove phosphorus and TSS. In highly developed watersheds such as East Lake there is often limited space for proposing new stormwater improvements, and these are typically associated with high costs and the need to purchase additional land or right of way. WSB recommends that the City of Apple Valley implement a method for prioritizing maintenance of existing stormwater ponds and performing this maintenance on an annual basis. By prioritizing ponds with the highest need for maintenance, the City can create a rotating schedule that reduces cost and optimizes performance. Ponds can be prioritized by their age, sediment accumulation, or water quality data. 5.2 Structural Water Quality BMPs In addition to regular pond maintenance, WSB recommends that the City implement water quality strategies and policies in conjunction with regular development and redevelopment activities within the City. Structural BMPs such as a Hydrodynamic spectator(HDS)or cartridge filtration BMPs can be included in storm sewer lines and can have small scale removals ranging from 0.5—3 lbs of TP depending on the amount of surface area draining through. Design criteria for projects in the City can be modified to include the recommendation or requirement of these structures, which could lead to significant improvements of water quality and pollutant removals over time. Design criteria such as this can be cost-effective and often requires very little to no additional space. 6.0 Conclusions There are several opportunities within the City of Apple Valley to improve the water quality of the East Lake subwatershed. WSB recommends investigating the implementation of multiple stormwater BMPs outlined in this assessment. Concept designs for three of the proposed BMPs have been included below in Appendix B. In addition to evaluating the proposed BMPs, WSB also recommends the City implement a pond maintenance prioritization and maintenance schedule. Lastly, WSB recommends that the City considering updating its stormwater design criteria to include structural BMPs, which can have a significant effect on water quality. APPLE VALLEY-EAST LAKE SUBWATERSHED ASSESSMENT CITY OF APPLE VALLEY WSB PROJECT NO.018997-000 PAGE 17 a o ,O 7 m • 0 0 i i 1 1' cok J C. OV ti - •, . 1 4. r rr L c __••• • 7)` y� . e i ' , r .:t o Dona 0 a m e < • 0ie' it < •r.s. t -( r P T...4a, e. ) - L�7F4A�� r' T' i?'�.�y,{d't 1 m ,a/ sn(„t v t T� ,hi ti`_' x ..4„. .krf�4 1LKfk`tFF .'_ , riL 140 Y .' 'l ' `t I; D 'F 3: �: ,' .per Z,...- it a w r >f '�� r •,r• I"'x ^Y li�'t� +e r� t i , 'FS rJ.1 - �•�, tt apt.-�}rJ,i7Tr ,m .4, . _,....... ,.,, .. ,i• d �. .., R �i.s��- � �r..!'r-F a t, t• + I .,,,,,,,,—,,A .,l .�'F' • 'ih- r, ,1; Ill` ',•'�.�, Y?'.5 • , r - ��.l t.� . r--. *,� y} p,p, �v.��� y 9 ,1n •1 y,♦�'. M "r� :, ink " _ t .�:1 4.. fiT• r. t - ( 1 1 ly: + Sh y r � crli�v t f� a 1 i + ��.. •''r �7,y, � =1F 1 .� :P - , J 1'� Jr i r S �`: Y ,ra W'trA.�. --Jr 4ir '...:dlt( f' ♦ vF� ! 1 rtf. 'f• -� to A e lj,• {' ! 1 _; ��r� ?a Q �.1:. 1 i / t. -Y �'� f .�IY`"•i I.,:v. ,,, 1 y may' ! a R„ o - '. ,, . / 1 ( ail- , ',. 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';;T:.,,t.t.';-:''', . , . cn5 • f,Fy 17`GK yi l J.Y �� .f•� ,. `. N ,, > Q o ray.. . ,• t 4. e o ` I J _ /i,,. — , //Wm", A E\_-_,--- _____, .. ,,14 ,..._ __, 00, ,, - ....,-.7i - . , J SiG i• r -\ d►'A,;:i 7;r. ue• :l':1".i' a`',."&*r�1 ilie-'zi.e el i rIl.•r., .:sa"ie]s.iA. '' a�: i:��L7� ••• •••• ••••• ••• Figure 2 - Watershed Loading Heatmap N o 1,750 , Apple East Lake Subwatershed Assessment A Feet wS Valley City of Apple Valley 1 inch= 1,750 feet • - .. 0 0 3 m w T 0 w cn O O O_ C 7) E9l D O_ 1 6 V i .., O v h Y; .. m Y ` ..tie') SI ilk? x'S. V - ✓ r, i • . .� .. r-1 , O• ��y e 1 i e a tiC �Q` ` `k4' x: 4 N' k I -- 1u ;� 'ecf ... ) rI r, aa- �� 4 S <e��i a��D� i� 7' k` F�e‘17Y • : , b� ti�f4t ; n -,fIn, !, .44 4,, �� .b.,xt� 't fi � , 7 'fJ'Al ' 1'7 r tit°s�.cs$, f•}t214 • ,--t;frIYvi y,, • i. ;,ixr 1� iA k J . ,f I4,*:tte;r,f' 4 4 ..fie ;: ' l ► A r V 1 I ► ► ► i r r Y. t' ► ► ► ► A I 1 I 7.4. r -4,-4. "1 ' "7'' I M Subwatershed Boundary � L . elt,i r �i ��y I;A3it:VI'g1 t4,.‘'�i •l!, ,• a 4,s� ;�� FA z� Storm Sewer Trunk Line � k.• k . ("x�Jy,�fXg i'11et4.� 1 ' .;!,.t •'e°, rr j •; '• l` am' e r � j4- 104 `, °�➢ � 'f � �r. y74 j Fg�' �;r r_k; s rX' .'? .t a�?°4 v`!y� �ti' ,� ,b . 7'�t�:/ i e. r.f 4/ , l' ,. /".47 e. -14:a' c F Z `� _ s TP Output (Ib yr) . .t r 2 ' �yyES .0.3 •. A r�si•F�s d. ,!t '�°;A �').: C�J � 'f.�.7'a...1 ..x4 . hAi1 e. i7L^4 �r -F Y s- l I JT•r .�' �``.I. '�'�{ ` ..7'7'. t 'F �'•��`•`fij F t W".-'r y�k• .r r r•. f+ rr-yti C' ?�^.+ r rr l.. Tr'j'N� r,. C. .- 0 - 10 �l t• p7tr? 4.- ':vk t y '�r1E % r i.; ,.t:* _ w:--,.- (ZS,..-. .,f i, _ , � it r, � I17"r N) •tr..".-; it Fl>,�Pl ifwJ11;04" �.'�� ,"- ai- * / 4 ``t 4— )'d. "rs'k .: '31�'4 eritiiiit ref N �4 b�' \ 10 - 25 1 •M•f e 1 saCaMX `�i>o +rl".. ,, : rMr� f ,t•`- r,3'i `I^' .,r,. .,,,I..,____ „,.,Ei. •7, :Y, . fit° _ • • i•- ,1.,,, r`. - ,l j 25 50 - - Z A ' '7 i. •,-1 a jti l ••.r.0 K.t'� w ,,.t � i t ,0.4. Y �r =.s..{j trey•. S �� Y'r:l.�fr•4i t'� -4}l'"-.. ':, ."'!:S 1pr;,S?„ ,+ tir: .,,• r eft it::tt' C. k 74>S'- ',.;e •' w�,,,�t/,. N' Vi r 44}..‹. [.w Y te?V. •e ..)e, wr• `• T*�. .Y P 1 s}. 1.M o• 2 .4.'4 lit # iC ,�{♦ -'F 11`.�c r7;4'I 3.!. t �5 . . , 1.+. v_. S A Fr} � �J{. l��A w iy 50 - 100 `,,$),$/i,111,,,,$,,,,s.,„.,,, .,..wi,„... . . ;r�' 150+ Y f?• ►,- .t�.'r�,Z '! :.r �{c a rr •rd' ••• •••• ••••• ••• Figure 3 - Existing BMP Output N 0 1,750 wS , Apple East Lake Subwatershed Assessment A Feet Valley City of Apple Valley 1 inch= 1,750 feet 0 3 m w T 0 w n V O O O_ 0 7) EN D _ 1 O O - O J O Zi i ..., c' to4 t -+ ♦.�, •cio � u�. A r `L - ' •• .. .,r, r...,‘',--1,,, C;) '.''',1.0--..-iii-r'i,..4. '1--c ,,,-,-- / �t. � Mi i q y.'ra �N �w.. / h'.• 2r .'�irA"{ :.. w •'. • -', ., Y• f_ 7n".yip�� err :i tf ' •rW`o 3�.r !ter-•- k`i � �e _ l`� ���� r �7.��A K �� r t�j� ,Sr a a ti 3?�"`¢ -may .eve....,��.+� • • '., ! v ~r 4 K.. ��4 n Y 1.fm '-;.' :�,#/T.. ..r�. f '%- �:fi,� -r• _i , C f,rtr � �, �x�"� yr ri7-f ,l' ,s!,�j'f�•1`rr� t ' ,�.' cn s r J '1eT��r 7 T�� ;d v `'f/ � s v -, ,fy Aa '' n. .if.':‘ Ztr s-.tSY }� p�.i, ': rxy.. W • s,i kr f 1. rt` k V. x2,!r4 c*tte;r1\N 4- ` .fie ; l ► • o r .4 ► ► ► ► .. r r T r ,II r ► ► ► ► A .4 1 j tU.:, �• r } ? ' t 0 l')ji,r1f _P, rear ' Oa ' `7�ti\ �L i tK �2S :ii— s4 .w ' 3a$g-- �f , /" 1 t .y��r/.yi� I Z 4Ie .3i �,I*Rr ., M`P �I.er' ,,i' .y+V tivp iI X �`.�`' �•r�, tv L. _- 4 (.4�w,Br` L1:_ -r 7-• 1 i ..rPli °�►i, -.)1, '.'}..w{{�,:1 7J� V- et- /4,,,,,,4 i iii 1I i!Gts a "lt,-V. u i �� Wilfirg aa1, _ {7.t g .'� # R ✓4� F� !Itck ig41, , 1400,276 1. ! isl3ndarY �s 1 14) �� �'Se.,r,,e� �h�:�t.rw �� •• � �r" 'Lr".s'7p71% ; 7 fi e} . #. 'ram �` (( y ,�, •f, • Potential BMP Site �` r- y t - r Storm Sewer Trunk Line -?t�' r.aS._,sr.2.:p.li ti. .lr.lt ?{.k v to t.)=A..Lc : C[+:r>'rl o....•.�L 'rk•-.Si':'.49l it.c•L..s2'. -r65 ••• •••• ••••• ••• Figure 4 - Potential BMP Sites N o 1,750 wS , Apple East Lake Subwatershed Assessment Feet 1 inch= 1,750 feet Valley City of Apple Valley _. „ _._ _ ., ,,,• , .. _ ow .8 ,,,,,, „ • A, .- . ---'-wer?..m,. _ . ...-, •_. , . ---- iilL . , _ ...... .,,,,,..t.. . -,...„... , ...., , .., • T 11 r- i.. , , - o p" f 1 4 ,. : ��p 1 e d f'' . WVR-P4334 a Approximate Storage: 2 ac-ft 'r c F ,, .wt�. ti, �3 ey o ram _ - a, , f#� 4 J co 411! Tributary Watershed: 3,491 acres t `" al, _ Annual TP Load: 222.4 Ib/yr Estimated Direct TP Removal: 85.3 lb 4. - 1 t �-' Estimated TP Removal to East Lake: 68.9 lb " • — . .i liv '_ A .1 -- -: 41.- r _ _ _. , , . ., , , _....,_ z,. , ,,,,,v--1.1p, At '.‘e y • i , If--„. 1C4. , i ) i f t r•,, ,, - , '� ,�,.� r "r WVR-P4333 . e- , 7ort- `yam • ,. r `` iR7 1• '' 0,or . .04 *- t —7,-,f ,----- ' .r°‘4 IP,/ II' r . r7141 i ..44.4, t�, _•:\ ,t r_. t fe :* At Ai. - r-'" - 4 ' *-11 — gr\ It t r , a �� Ti #� �' S Nt i c * � = Potential BMP Site Al Potential BMP Footprint f!!. �,�• ' . 4.�► r # . Storm Sewer Trunk Line r,.. f Li..""" , Potential Storm Sewer Diversion of ••••• Figure 5 - Regatta Park Diversion 0 250 Apple„ East b East Lake Subwatershed Assessment A Feet vv Valley City of Apple Valley 1 inch=250 feet ..-., 1 -,. r--, ,, .,-- i ts' --0041. ...f ,,....„..., s i . ,. _ . ,..„. , . ... oc. .- 4, ii . r, L ,,, , .,..„. , ,, . . 5 . .A . 1 'NT,' •. .,.. • ,,, iiir_r) at ) ,_ ,.., 5. =,,,, ... .101 1 .1. ..._,11 ...—. , . ,.. . ._. ,, ,,7 .001. k. Ill . a ); , 1, ,., .'4, ikon; i 1,',fa ,. ..,K., . . . (7, , -01 4-14,40- ii. . ,;. ') . 0 • �— — _ _ - ! t • 157th --- z "i� :� - . bi. , T�', m ,_, : . , St •1 I ,,,,,,k. + ... � a4.,„ I � _ • ,, ., .. Al 24.4 acres of irrigation , „.„ _ _ 1 ^ •:® A F., - y �1.,,\ Estimated TP Removal to East Lake: 13.4 lb/yr 'j' ' ® �°ere: ❑o _ aac4 i� r gliZ `- lj,°�' . to x � e• 11 _AID ID .,, � Win. -.:fig I ,� (( • , - Approximate Storage: 2 ac-ft :t . ~' Estimated TP Removal to East Lake: 51.4 lb/yr F dimi rim 7.'-'. '. .. 1 11 iirt::. wiZOOMN S _ _ chi .„ 114 SZ.r.... '- � WVR-P443 r- - . _.j�`', .;,.,, ` 1.' -r ,�, - _ z ._ t Tributary Watershed: 4,865 acres ! ' • ' .s, . Potential BMP Site 'f' R ,,,,C VPond Annual TP Load: 620 lb/yr •r • , ,. ,�11.. '�. Potential BMP Footprint y ;r mt. ; % 1 Ex. TP Removal Efficiency: 11% 44- .., t'!"-t'� j\; Irrigation Area ., � , `�'��T��.�, < ,�, Y,� � 1 • . , �s •' Q Irrigation Source yyINK �� t � - �, t ,� Storm Sewer Trunk Line •••• ••••• Figure 6 - Quarry Pt Park Irrigation & Infiltration iv Apple East Lake Subwatershed Assessment a 0 400eet ws b / Valley City of Apple Valley 1 inch=400 feet re IIIIII t it',7-e. .--„.„...,,,, .- k„,-.: ... Kvi,,,, , , • , ,.. ar ! ,•• •,,it,--+•:;3, •-,-- •'' '-4-1,'•• • A-r- • '- .• N\ „4„, . ..., . -- J' 1). a miJI,� oo 1. J - - A . -$/eft ‘ s ._..- .... , „ ii.. .- ,,,- . 741 ❑o N 11.1 Ow�' m - IF I m AJ - t1 1 +per li ,'1 i iii, . ,..i... 4 - __:„.4 , . a - _ t_ ir- . -tv 15 5thSt4 *+'y ` i . . r _ ; . 1 , _t' - WVR-P45 WVR-P45.1 ilk s 0,Rt t. r+: ' Tributary Watershed: 237 acres I Pond Annual TP Load: 238 lb/yr ' ! t!` o Potential BMP Footprint 1 1 ,, •� Ex. TP Removal Efficiency: 47/o ,i s: _ ; Estimated BMP Direct TP Removal: 17.9 lb/yr •` Potential BMP Site 4i, Estimated TP Removal to East Lake: 16.1 lb/yr Storm Sewer Trunk Line t` -- ( IL,....„ b ' st 1 Potential Storm Sewer Diversion -k:• .iik i . No ...... i . _ _ , ... .... •• Figure 7 - WVR-P45 Lift Station iv a _ I Apple East Lake Subwatershed Assessment 0 150eet WS b / Valley City of Apple Valley 1 inch= 150 feet �- WI O rdpoigt,,,,; , 4 Nif„,)7 , , - 5._. • i� lipliv. , / I • 1. S •0,1c I mitio_.4. ,_ _ 5„,,,, , al .' . .C." . Ilitt.: ` 4 ote.t... , 4.3en, . I(‘'k o c R .,, WVR-P26 �• valrey ai ti- _ m =-' - - Approximate Storage: 1 ac-ft 1 IN� F _ s A, , a!. lip .'` ....141, ) ,! q Zft Tributary Watershed: 651 acres i '' .:i ' I'. o 114 Pond Annual TP Load: 241.2 lb/yr ! _'le. X ! "' #* Ex. TP Removal Efficiency: 36.6% [1 ' l ~ Estimated TP Removal: 36.7 Ib/yr ' -'" `� ;� f ,Estimated TP Removal to East Lake: 23.1 lb/yr .. k.� s' v. .�, :lit. illidibt . 1 wow glINIP ' 14''' V Rom -, Potential BMP Site -- -• 1 - Potential BMP Footprint ' %/II ��� Existing Storm Force Main :::• •••• Figure 8 - WVR-P26 Lift Station N ` S b ,\ , Apple East Lake Subwatershed Assessment A Feet valley 0 125 vvey City of Apple Valley 1 inch=125 feet i:', `fit - - c . . , . 7 ,, , .. , _, f‘ '4: g( ' \-: ,-,° )1( 'I . / aONmIF .. I*. Proposed Forebays ir.:., , 4 . 4' ice n_ .�, ,,, , `. 0 tit' W _ , VR-P50 A m r- r . -,'::• , Amprir ritrirA E + I.... t_,. . ,i. 1 # 4 intik-4, Y ,v.� .. ... ji Proposed t-.; �. ;' Sedimentation Cell Ater ": —A �► ,, 1 1 1 , r ' �` I ,e,a , , .• i - 1 NI ri-a i t -.- , -"iv 1 , ' *464111T ' . ' Otrillink, 1 1 • Existing Pond Dead Storage: 10.57 ac-ft �, ,�, 'lel, : '. Existing Pond Bottom (Assumed): 933.7 �,i►,�_ � ,�,. , _ ` Proposed Pond Dead Storage: 15 ac-ft �i ` �: "`"�=• = Potential BMP Site Proposed Pond Bottom: 929.7 -. V"• l' '"4 t . . .°} 4 .S le A Proposed Contours Estimated Additional TP Removal: 8.4 lb/yr "'{ `" Storm Sewer Trunk Line ••• •••• ••••• Figure 9 - WVR-P50 Improvements N ••• Apple East Lake Subwatershed Assessment A 0 100eet WS b / Valley City of Apple Valley 1 inch=100 feet ID .. -•71 I I k ,. ::. "/ 47 lir - /i ;` ; Lebanon Hi .: if;. ' • i• Regional Pa a 4 flm'A - L ' . ' . .-1. '. •oAC1 m rr ,- ► , , , r A J r -4 ,.. o .,: le. 41, o rlirr ' p o / . , -. ' , its_ 7, '..1:--.,- *I f • 4 T4I # filliblik 4N �;0014 Ile o r_ O o --41- 1,, As—r. s. ,,,,a' !7 :� �� .? WVR-P50 0 eo eo ..,•, i' tt ci ei�^•~°fit-.:s. ^-./" - i / v < \- _��11`z. \H .•.N:DN71»T+i:rn; WMi^..: J,i .. \4,1 12' 1 t i� _-_ rj1 N 1, \\ N 1 • N s':'. 0 '' -411.- - lt- l'. . , lt. 1 ill. a - KM e if Oft Hitt ' el tR„../r--- -, 4, , , . ' , )1 1 , . - -1,1 flop.,. , 44, ,„ 950 .. ^.. •. _^. mell - Ofr Tributary Watershed: 390 acres - r elm-' "-Y Filter Bench Size: 0.416 ac M • Existing TP Load: 98.3 lb/yr 4 4 . * Storm Sewer Trunk Line 1 Estimated TP Removal: 25.6 lb/yr g58f Potential BMP Site lr Estimated TP Removal to East Lake: 23.1 lb/yr �.� 9� �+ �" Proposed Filter Bench am :. _ r , Proposed Berm • ... .... "' Figure 10 - WVR-P50 Filter Bench N Apple East Lake Subwatershed Assessment A 0 150Feet ws b / Valle/ City of Apple Valley 1 inch= 150 feet ' ' .,. 7' 'MAK. _ , 4.4ti141 I ` Ai i o 0 ,_ ,, ,...._ ;___ A" 3,44---idi'. --,.„, it, - - ,k,,, . .tri., 16, oe• er 2 _r_ s. , i . iliFit-r- ig- .4 - , ,4 1--.-.„ .,, . , . .,. 6 •• Li: iik—k1j1-.4 r ctp cs' a: • ., ,Ilk. 1 1---- . Jef, -, . , ...... r . . L.. . z,. . , ..., „ .„ _ , i •• - - : , Fr--711 v . I- . o , , ,,,r.....,,, , . • 1.4 - l'. E il• r . • , _ r - ..,.,,, Q • As • Tributary Watershed: 4,865 acres r..;j' a "�' - .,, ' �` Annual TP Load: 620 lb/ r & N. '` �� -�� Ex. TP Removal Efficiency: 11% �oa - v ,�@ 4 , _ .41i Estimated TP Removal: 28-55 lb/yr •;ice v .4 , ir....„ , r , ' r :riAimp 64 •fir .4e- Z r ♦ hi,; ri JP t �. 3.' it r:11111rprri o m m st;. . , t F ' N., Ir. r- .4-:,.. , , r ,o ® i I I .. ,. . , r rhz ( , ,,, is Y ��► ;, i • poilyv Alp- :. ,... . . , . , . !, r2 A' _ . . v �•� isi- -��iS-�.-�a� ..� - - .i�f.�.-._ ` Y, -_- I ; WVR-P443 immeamu N-m ^ 1111"1 �� iil t 1 , r- r. Alum Treatment Surface Area , ; 1rt ` ' L4 r " s'4-, I- '�. j? - Storm Sewer Trunk Line 91 /. *,_9_ '4 ifit • a 1 _ i, _I if • ••• ••••• Figure 11 - McNamara Pond Alum Treatment i _• Apple East Lake Subwatershed Assessment a 0 200eet WS b / Valley City of Apple Valley 1 inch=200 feet ir, _ :, _ , or: LS c:1-- WIWI:A' -,''''' f-T` _ . - ltlF - 1l'-'‘aml.:11 - 'E c I _ _ �ti '• Tr i . - ! iF aUa t___, ., ,. • , ilf . 8 (1 0 R ,� ni ` + �_ I 1 } 9 ��f tea° ���' gi ski 4 ; I .1-7. # . a- .' 1 _ � � ` a '� - . a ll o coo • N�! '— - (� ��ii.��i eaTill CAS U/ '- 4 re a , o m _ T A a ■ . , , ......,....44,t. ... . ,. • , „... __ 51 .....:, , m • .% ' r_ I 1 -, • rimml-ailtostlrivet-- 'Ark 7 ..... art F-- - --. i ,'', ..,.....„. ..t...... e,...X.....filiyi , - _ -.-.7 4,-;.„--virtie: 1-= . Ar--7,P-----°- • .ate , J • =Tjp, Y _ O i\,. 42 4) 1 4: .• #.4, tit - ar f rrf-t? 3 I , _ .. ` A ` .r , • 4 AA 4 1-7": .11 t't i IP - A F r � � D :"0. Tributary Watershed: 2,916 acres • -•---- ""�'�.`!f _ Annual TP Load: 655 Ib/yr' Ex. TP Removal Efficiency: 32 % _ Estimated TP Removal: 20-40 lb/yr •• • • ••, • • • I oli,I il • a a • - • 41s* . ,. .. F d :ir. g gII . . , P Alum Treatment Surface Area 11� � h - -sue Storm Sewer Trunk Line ••. •..• •••'• Figure 12 - Fischer Pond Alum Treatment ••• Apple East Lake Subwatershed Assessment 0a Feet ws b / Valley City of Apple Valley 1 inch=200 feet 'c. ` _ .._ stir . . ,,:..., Iseitc6,1 �, jn�i� WVR-P50 .! S O -: O zi I 4 11'P .lt • e..la. ' ill..- 70 ' :1■I b lo F,a - ,it v . i ?"Igriraa°44t, - " A, • .9 e* . °' ,- t'. iftr ..,J st,le%- r- - m Ty M . ...4-- . , -Aim < 1 ! 'r. ce- . ir--- ''s i .....:..-.. i.-__:\ ,3' 1 W W C44 o v =� • �- Ali • 0 Q • A ft ',,.. •I — cc I 1 • 111001;in.lt _ ,... stri, 11:_ ...,.1*.4 et. 1 tr '•tf F t-)F-fftt f i f. ff •s 1 1to_., - t� 4 ...4 • Tributary Watershed: 390 acres -- - --* \ I Or_ 9C Annual TP Load: 98.4 lb/yr •- r J AI\lJ 1. 14 IT ♦•- Ex. TP Removal Efficiency: 46% T '_ ___ - Estimated TP Removal: 14-27 lb/yr NZ i I 1 t = Alum Treatment Surface Area _ frr�� ,r _411.11Waii s — Storm Sewer Trunk Line ••• •••• ••••• Figure 13 - WVR-P50 Alum Treatment iv •••• ••• Apple ii East Lake Subwatershed Assessment ..0 150eet WS b Valley a ey City of Apple Valley 1 inch= 150 feet - , 9 - •I O 0PPer �a Upper q!„ea(@�"9A tea. ' '.• "' • _ �� • a . 1- �Ia 10 r # s; ,� t `PPP! a r ,., -I.: `...: 1 - A s ik _ r,�' . . 1 o t... . 4" i t 'a w �oW D t� l • WVR-P27 a s •r ice _., ` E.o f ID r - : : 1 R . n ,f v .Z '=4 I c ` a. j . ,J2. L v R A i j, • . . .-.,-' f: >4 1 '`�; Imo® f. Y _ _ . Cl- ; i 1 ti • �Il' cz,' . 'or , 4014 ...,. ....., , *. r M I ■ ® ,I . �sV ,. Tributary Watershed: 448 acres •+�^r .- f Y• r Annual TP Load: 85.6 lb/yr - ��,it r, Igiw •� Ex. TP Removal Efficiency: 21% AI_ 'fi - i �: j Estimated TP Removal: 6-12 Ib/yr • _ 146th St W • t • I. • I. Alum Treatment Surface Area I _ Storm Sewer Trunk Line .•• .••• •• Figure 14 - WVR-P27 Alum Treatment iv a _ I Apple East Lake Subwatershed Assessment 0 100eet WS b / Valley City of Apple Valley 1 inch= 100 feet APPENDIX A WVR-P28 Maintenance Memo WS0 Memorandum To: Samantha Berger, City of Apple Valley From: Bill Alms, PE, WSB Jake Newhall, PE, WSB Zach Heupel, EIT, WSB Date: June 10, 2022 Re: Fischer Pond Survey and Review WSB Project No. 018997-000 Fischer Pond 2 Fischer Pond was inspected in May 2022 and is located north of 147th Street W and west of Foliage Avenue. Refer to Appendix A for the bathymetric survey results map and Appendix B c.6 for the drainage area map. The original grading plan for the pond has been attached as Appendix C. The sediment sampling results memo has been attached as Appendix D. A m summary of this basin is provided in Table 1. Table 1: Fischer Pond Summary OD Direct Drainage Area 520 acres Basin Area 6.54 acres Impervious Surface 50.7% Original Construction Date 1998 Original Constructed Average Depth 3.56 ft Current Average Depth 2.41 ft NURP Average Depth 8.28 ft As-Built NWL 925.58 Current NWL 925.73 Water Elevation at Time of Survey 926.21 Outlet Inverted 84 in RCP E a Inlets 18" RCP FES SW 36" RCP FES SW 78" RCP FES W 18" RCPN 0 0 M W — F Cn Inspection Observation Several of the inlets appear to have sediment accumulation within the inlet pipe. The 36" RCP pipe coming into the southwest part of the pond is showing separation between the FES and the pipe as well. (See Figures 1-2) The 18" RCP inlet on the north side of the pond is also showing separation with the structure/headwall, as well as wear and cracking of concrete (See Figure 3). The other inlets appear to be in good condition but are subject to sediment deposition/clogging (See Figures 4-5). The outlet is assumed to be an inverted 84" pipe on the east side of the pond with a controlling invert of 925.72 (See Figure 6) 0 N. K:\O18997-000\WR\Pond Analysis Memo FischerPond DRAFT.docx 2022 Fischer Pond Survey June 10, 2022 Page 2 K.0; — ,:: '' " '- , i.---":—....._....__-_-__.1___—w. K � ;�,� � :- -fit,, � �=hs`• or ,_:.;,, ,,, .. y..„.:,,,, Figure 1: Inlnch RCW Figure 2: Pipe Separation on 36" Inlet SW ;--=--- s. - \' ''0, -',..:.. .-- '''i - i - ,4 / tit` ,A, `\\ , k.'�' c_ 67: 'lit S 6 el, . \ ; _�.—'"' < Ise 1 'J - A...7 ,.46 , `F-4 1 t...., ' 2-14, : \-'Nil) 1,-:',..:,,,,,:40:1": .i, , '1'P:-. f } A ti r' i '-j. .s \ • 1 l s Figure 3: 18" RCP Inlet N Figure 4: 18" Inlet SW f M Z '. l �_ 4, - �,. `'e. /4 =-Os `„e,:. -/ • mr 1 I Figure 5: 78" Inlet W Figure 6: 84" Outlet E Fischer Pond has significant sediment accumulation (See Appendix E for a sediment accumulation map). The surveyed average depth was 2.41 feet, versus the as-built average depth of 3.58 ft. In addition, large sand bars have formed, as well as a small island on the southwest portion of the pond. In addition to sediment deposition, significant scour has occurred near the 78" inlet on the west side of the pond. See Appendix A for a visual representation of the scour. K:\018997-000\WR\Pond Analysis Memo FischerPond DRAFT.docx 2022 Fischer Pond Survey June 10, 2022 Page 3 Sediment Sampling Results Twenty sediment samples were taken within the basin at the time of inspection, and then consolidated into 4 composite samples for each quadrant of the pond (5 samples per quadrant). All four composite samples were classified as MPCA Management Level 2 which is regulated material approved for industrial reuse. Access/Easement Information The pond is on city owned property, and access is recommended via Foliage avenue to the east. Permitting A no-loss application for all the proposed work within the normal water level of the pond would be applied for under the Wetland Conservation Act administered by the Minnesota Board of Water and Soil Resources and authorization from the Army Corps of Engineers would be obtained under a Nationwide permit. Water Quality Analysis Based on the as-built pond design, the pond capacity is currently at 29% of NURP standards. Table 3 was used to estimate the total phosphorus (TP)annual reduction and total suspended solids (TSS)annual reduction for this basin in its current condition and if it was improved to NURP conditions among other options. Table 3: Fischer Pond Water Quality Analysis Option Description Volume Estimated TP Annual TP TSS Annual Life- to Cost to Removal Reduction Removal TSS Cycle Excavate* Excavate** Efficiency (Ibs/yr) Efficiency Reduction TP Cost (CY) ($) (%) (%) (tons/yr) Benefit ($/lbTP) Existing 2.41' average NA NA 42.5% 195.2 68.7% 47.81 NA depth 1 Excavate to 14,771 $443,150 48.4% 222.4 78.% 54.65 $252 3.41' 2 Excavate to 3.58' average 17,578 $527,349 49.3% 226.6 81.0% 56.40 $266 depth (As-Built depth) 3 Excavate to 8.28' average 86,678 $2,600,342 62.4% 286.7 93.0/°° 64.75 $935 depth (NURP Depth) *The volume has been multiplied by a bulk factor of 1.4 to obtain a loose sediment volume **Excavation cost estimates do not include indirect costs, contingencies, or access/restoration costs. Cost estimates are based on a cost of$30 per cubic yard of industrial reuse material. K:\O18997-000\WR\Pond Analysis Memo FischerPond DRAFT.docx 2022 Fischer Pond Survey June 10, 2022 Page 4 Recommendations We recommend a dredging project to increase water volume and improve TP and TSS removal efficiencies in conjunction with an inlet reconstruction for the 18" inlet on the north side of the pond. We recommend reconstructing the inlet as a flared end section with a trash guard, as well as resetting and cleaning the other three inlets. Dredging the pond will improve water quality and reconstructing the north inlet will improve ease of access and maintenance, as well as protect against failure. In lieu of excavating to NURP requirements, we recommend Option 1 to maximize the TP cost benefit and the consideration of adding additional secondary enhancements to the pond that will remove additional phosphorous such as an IESF filter bench, an active infiltration system, or a multi-celled pond design. K:\018997-000\WR\Pond Analysis Memo FischerPond DRAFT.docx 0!4 [[yyyy,� o • • 3 H C'Q w'\I a- s -co ♦ f f r •hI • 3.8 c • 18" RCP Inlet Q AO 3.8 4.7 g - r= f'� _ 9 3 • • •3.6 3.7 ♦ _ o r , < gdg) • • • 3.9 4.1 A C) ♦ : •- 9.9 •• SO a f • • •• •• • f , ' I 943 •� • • • • '� • • • 49 84" RCP FES - ir 'I' • fl� i<b9 . �' • Outlet 75" RCP FES Inlet 9• .9 ytiy� ` '• • :� M3 •• •• • cr 0.8 0.8 A 0\ : Cia(113. qf • S13 '13 • qog' I 8• 41,3 • • 4�3 • • ► ► ► 1 4.8.. • 36" RCP FES Inlet 3r9 • Cal 9• • • ` 4 4 •um 9 Depth - 18" RCP FES Inlet A *,_j, c§:4 '. ♦� • .- UM Max: 7.8 ft �► —_- Avg: 2.4 ft ' ,r_ 4 � ';,• .�- Min: 0.0 ft ' r ` .P. ► • Survey Depth • _ ..-- - Sediment Sample Fischer Pond r x. — • fitplgariii Basin Area: 6.54 ac �e� 4 _ __ NE Quadrant Current Average Depth: 2.4 ftj' -_- ��f ,.• r s NW Quadrant , AidCurrent Bathymetric Volume: 15.70 ac-ft � T i Assumed NWL: 925.72 r _-- SE Quadrant SW Quadrant Datum: NAVD88 Parcels o a r ••• Figure 1 - Bathymetric Survey Results N A 0 150 • J b Apple Fischer Pond Survey Feet vv Valley City of Apple Valley 1 inch=150 feet O it ♦ ♦ _ ► la T"'' I. 41W,• NN 4 ,(����Jam( y • ;t, ;x A • • O. 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Figure 2 - Drainage Map N o 800 Apple II Fischer Pond Survey A Feet WS b Valle/ City of Apple Valley 1 inch=800 feet ws b 5/27/2022 Samantha Berger Water Resource Specialist City of Apple Valley 7100 147th St W, Apple Valley MN 55124 Re: Proposal Amendment#1 —Survey& Sediment Sampling of Pond WVR-P28 East Lake Subwatershed Assessment I City Project No.2021-148 WSB Project No. 018997-000 Sediment samples were collected from Fisher Pond within the City of Apple Valley in accordance with the Minnesota Pollution Control Agency's (MPCA) Managing Stormwater Sediment Best Management Practice Guidance. The work that was completed is described below. Field Procedures Sediment samples were collected on May 6th, 2022 from Fisher pond. The sediment samples z were collected as core samples and were submitted to Pace Analytical for the analysis of arsenic, m copper, polycyclic aromatic hydrocarbons (PAHs), and carcinogenic PAHs (cPAHs). The sample from the basin was also analyzed for RCRA metals to provide additional data if landfill disposal is required. The Pace Lab Report is attached. Data Review The results of the analysis were compiled into the MPCA Sediment Spreadsheet (attached)for comparison to Residential and Industrial Soil Reference Values (SRV)s. The cPAH results were used to calculate a benzo(a)pyrene (BaP) equivalence value, which was also compared to SRVs. Each sample was assigned a management level based on the following criteria: Management Levels: Level 1: Non-Regulated Material z Level Regulated Material Suitable for Industrial Reuse 2 Level 3: Regulated Material Not Suitable for Reuse ° The management levels identified for the 2022 Apple Valley sediment samples are: Number of ZBasin ID Samples Management Level Fisher Pond 4 All samples: Management — Regulated Material 0 Suitable for Industrial Reuse w Sincerely, WSB fliA- 644 w Kyle Blazek Environmental Scientist z X Attachments: Sediment Summary Spreadsheet Pace Sediment Lab Report K:\O18997-000\WR\Sediment Sampling\Fisher-MEMO-Sediment Analysis.docx MINNESOTA POLLUTION MI CONTROL AGENCY SummarY of stormwater 520 Lafayette Road North pond sediment testing results St.Paul,MN 55155-4194 Municipal Stormwater Program Project name: Fisher Pond Sediment 018997-000 Sample date: 5/6/2022 Sample locations and depths Residential Industrial SRV SRV Reporting NW Fisher NE Fisher SE Fisher SW Fisher limit* Chemical mg/kg mg/kg mg/kg Metals - Arsenic 9 20 3.7 1.7 2.6 1.1 Copper 100 9000 48.5 39.5 35.3 18.8 Noncarcinogenic PAHs - Acenaphthene 1,200 5,260 0.119 0.0175 0.0551 0.0559 Acenaphthylene na na 0.119 0.0267 0.0449 0.0346 Anthracene 7,880 45,400 0.329 0.0533 0.149 0.168 Benzo(g,h,i)perylene na na 1.900 0.663 1.21 1.02 Fluoranthene 1,080 6,800 5.640 1.270 3.28 3.08 Fluorene 850 4,120 0.225 0.0363 0.0994 0.0972 2-Methylnaphthalene 100 369 0.0756 0.0181 0.0359 0.0271 Naphthalene 10 28 0.0906 0.0217 0.0431 0.0326 Phenanthrene na na 2.010 0.416 1.09 1.22 Pyrene _ 890 5,800 4.210 0.993 2.49 2.27 Reporting Site Ba Site Ba Site Ba Site BaP Carcinogenic PAHs/ Potency Equiv. Equiv. Equiv. Equiv. Equiv. limit* Conc. Conc. Conc. Conc. B[a]P Equivalents Factor(PEF) Conc. Conc. Conc. Conc. mg/kg mg/kg mg/kg mg/kg mg/kg mg/kg mg/kg mg/kg mg/kg Benzo(a)anthracene 0.10 1.49 0.149 0.29 0.029 0.90 0.090 0.83 0.083 Benzofluoranthenes(Total) 0.10 5.11 0.511 1.51 0.151 3.21 0.321 2.67 0.267 Benzo(a)pyrene 1.00 2.20 2.200 0.56 0.562 1.36 1.360 1.20 1.200 Chrysene 0.01 3.12 0.031 0.89 0.009 1.89 0.019 1.61 0.016 Dibenz(a,h)acridine 0.10 0.0362 0.004 0.0087 0.001 0.0172 0.002 0.0130 0.001 Dibenz(a,h)anthracene 0.56 0.44 0.244 0.13 0.071 0.27 0.151 0.24 0.135 7H-Dibenzo(c,g)carbazole 1.00 0.0554 0.055 0.0133 0.013 0.0263 0.026 0.0199 0.020 Dibenzo(a,e)pyrene 1.00 0.79 0.790 0.28 0.276 0.53 0.527 0.43 0.431 Dibenzo(a,h)pyrene 10.00 0.41 4.080 0.13 1.260 0.26 2.580 0.20 2.000 Dibenzo(a,i)pyrene 10.00 0.0785 0.785 0.0188 0.188 0.0487 0.487 0.0502 0.502 Dibenzo(a,l)pyrene 10.00 0.182 1.820 0.0435 0.435 0.0863 0.863 0.0652 0.652 7,12-Dimethylbenz(a)anthracene 34.00 0.0251 0.853 0.0060 0.204 0.0119 0.405 0.0090 0.306 Indeno(1,2,3-cd)pyrene 0.10 1.63 0.163 0.53 0.053 1.05 0.105 0.88 0.088 3-Methylcholanthrene 3.00 0.0965 0.290 0.0231 0.069 0.0459 0.138 0.0347 0.104 5-Methylchrysene 1.00 0.294 0.294 0.0867 0.087 0.169 0.169 0.14 0.142 Total B[a]P Equivalents 2* 23 12.269 3.408 7.242 5.947 Total B[a]P Equivalents-Kaplan Meier !IIL2* 23 *Based on background threshold value(BTV)since residential SRV calculated to be below an estimate of ambient backgroun Residential SRV(suitable for residential land use) Industrial SRV(suitable for industrial land use) "J"flagged data-sample concentration is above method detection limit but below reporting limit SRV=soil reference value PAHs=polycyclic aromatic hydrocarbons B[a]P=benzo[a]pyrene conc.=concentration *Reporting limit-insert reporting limit in this column from the lab analytical results reports(converting to mg/kg if necessary) Bta]P Equivalent-Each contaminant sample concentration is multiplied by it's Potency Equivalency Factor(PEF)to obtain a B[a]P equivalent concentration. All B[a]P equivalent concentrations are summed to calculate the total B[a]P equivalent concentration. For nondetect data,use the procedures outlined in Appendix B of"Managing Stormwater Sediment BMP Guidance For Municipalities". wq-strm4-79.4%Rft9://www.pca.state.mn.us • Available in alternative formats • 651-296-6300 • 800-657-3864 • Use your preferred relay service Page 1 of 1 Pace Analytical Services,LLC ® 1700 ElmMN Street aceAnalytical Minneapolis,MN 55414 www.pacelabs.cam (612)607-1700 May 25, 2022 Kyle Blazek WSB &Associates 701 Xenia Ave S. Suite 300 Minneapolis, MN 55416 RE: Project: Fisher Pond Pace Project No.: 10608054 Dear Kyle Blazek: Enclosed are the analytical results for sample(s) received by the laboratory on May 12, 2022. The results relate only to the samples included in this report. Results reported herein conform to the applicable TNI/NELAC Standards and the laboratory's Quality Manual,where applicable, unless otherwise noted in the body of the report. The test results provided in this final report were generated by each of the following laboratories within the Pace Network: • Pace Analytical Services-Minneapolis If you have any questions concerning this report, please feel free to contact me. Sincerely, e.Jared Dickinson jared.dickinson@pacelabs.com (612)607-1700 Project Manager Enclosures cc: Bill Alms,WSB&Associates Dan O'Neill,WSB&Associates REPORT OF LABORATORY ANALYSIS I This report shall not be reproduced,except in full, 9e without the written consent of Pace Analytical Services,LLC. Page 1 of 22 Pace Analytical Services,LLC ® 1700 ElmMN Street aceAnalytical Minneapolis,MN 55414 www.pacelabs.com (612)607-1700 CERTIFICATIONS Project: Fisher Pond Pace Project No.: 10608054 Pace Analytical Services,LLC-Minneapolis MN 1700 Elm Street SE, Minneapolis,MN 55414 Missouri Certification#: 10100 A2LA Certification#:2926.01" Montana Certification#:CERT0092 1800 Elm Street SE, Minneapolis,MN 55414--Satellite Air Nebraska Certification#: NE-OS-18-06 Lab Nevada Certification#:MN00064 Alabama Certification#:40770 New Hampshire Certification#:2081" Alaska Contaminated Sites Certification#: 17-009" New Jersey Certification#:MN002 Alaska DW Certification#:MN00064 New York Certification#: 11647" Arizona Certification#:AZ0014" North Carolina DW Certification#:27700 Arkansas DW Certification#:MN00064 North Carolina WW Certification#:530 Arkansas WW Certification#:88-0680 North Dakota Certification(A2LA)#: R-036 California Certification#:2929 North Dakota Certification(MN)#: R-036 Colorado Certification#: MN00064 Ohio DW Certification#:41244 Connecticut Certification#:PH-0256 Ohio VAP Certification(1700)#:CL101 EPA Region 8 Tribal Water Systems+Wyoming DW Ohio VAP Certification(1800)#:CL110* Certification#:via MN 027-053-137 Florida Certification#:E87605" Oklahoma Certification#:9507" Georgia Certification#:959 Oregon Primary Certification#: MN300001 Hawaii Certification#:MN00064 Oregon Secondary Certification#: MN200001* Idaho Certification#: MN00064 Pennsylvania Certification#:68-00563" Illinois Certification#:200011 Puerto Rico Certification#:MN00064 Indiana Certification#:C-MN-01 South Carolina Certification#:74003001 Iowa Certification#:368 Tennessee Certification#:TN02818 Kansas Certification#: E-10167 Texas Certification#:T104704192* Kentucky DW Certification#:90062 Utah Certification#: MN00064" Kentucky WW Certification#:90062 Vermont Certification#:VT-027053137 463 Louisiana DEQ Certification#:AI-03086" Virginia Certification#:n#:C4" Louisiana DW Certification#: MN00064 Washington Certification#: 86" Maine Certification#:MN00064" West Virginia DEP Certification#:382 Maryland Certification#:322 West Virginia DW Certification#:9952 C Wisconsin Certification#:999407970 Michigan Certification#:9909 Wyoming UST Certification#:via A2LA 2926.01 Minnesota Certification#:027-053-137" USDA Permit#:P330 19 00208 Minnesota Dept of Ag Approval:via MN 027-053-137 *Please Note:Applicable air certifications are denoted with Minnesota Petrofund Registration#: 1240* an asterisk("). Mississippi Certification#:MN00064 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, without the written consent of Pace Analytical Services,LLC. Page 2 of 22 Pace Analytical Services,LLC ® 1700 ElmMN Street aceAnalytical Minneapolis,MN 55414 www.pacelabs.com (612)607-1700 SAMPLE SUMMARY Project: Fisher Pond Pace Project No.: 10608054 Lab ID Sample ID Matrix Date Collected Date Received 10608054001 NW Fisher Solid 05/06/22 12:37 05/12/22 10:21 10608054002 SW Fisher Solid 05/06/22 13:08 05/12/22 10:21 10608054003 SE Fisher Solid 05/06/22 12:58 05/12/22 10:21 10608054004 NE Fisher Solid 05/06/22 12:11 05/12/22 10:21 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, without the written consent of Pace Analytical Services,LLC. Page 3 of 22 Pace Analytical Services,LLC ® 1700 ElmMN Street aceAnalytical Minneapolis,MN 55414 www.pacelabs.com (612)607-1700 SAMPLE ANALYTE COUNT Project: Fisher Pond Pace Project No.: 10608054 Analytes Lab ID Sample ID Method Analysts Reported Laboratory 10608054001 NW Fisher EPA 6010D DM 8 PASI-M EPA 7471B WBS 1 PASI-M ASTM D2974 JDL 1 PASI-M EPA 8270E by SIM KJ3 39 PASI-M 10608054002 SW Fisher EPA 6010D DM 2 PASI-M ASTM D2974 JDL 1 PASI-M EPA 8270E by SIM KJ3 39 PASI-M 10608054003 SE Fisher EPA 6010D DM 2 PASI-M ASTM D2974 JDL 1 PASI-M EPA 8270E by SIM KJ3 39 PASI-M 10608054004 NE Fisher EPA 6010D DM 2 PASI-M ASTM D2974 JDL 1 PASI-M EPA 8270E by SIM KJ3 39 PASI-M PASI-M=Pace Analytical Services-Minneapolis REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, without the written consent of Pace Analytical Services,LLC. Page 4 of 22 Pace Analytical Services,LLC ® 1700 ElmMN Street aceAnalytical Minneapolis,MN 55414 www.pacelabs.com (612)607-1700 ANALYTICAL RESULTS Project: Fisher Pond Pace Project No.: 10608054 Sample: NW Fisher Lab ID: 10608054001 Collected: 05/06/22 12:37 Received: 05/12/22 10:21 Matrix: Solid Results reported on a "dry weight"basis and are adjusted for percent moisture,sample size and any dilutions. Parameters Results Units PQL DF Prepared Analyzed CAS No. Qual 6010D MET ICP Analytical Method: EPA 6010D Preparation Method: EPA 3050B Pace Analytical Services-Minneapolis Arsenic 3.7 mg/kg 1.7 1 05/19/22 10:23 05/20/22 13:30 7440-38-2 Barium 70.5 mg/kg 0.84 1 05/19/22 10:23 05/20/22 13:30 7440-39-3 Cadmium 0.61 mg/kg 0.25 1 05/19/22 10:23 05/20/22 13:30 7440-43-9 Chromium 37.8 mg/kg 0.84 1 05/19/22 10:23 05/20/22 13:30 7440-47-3 Copper 48.5 mg/kg 0.84 1 05/19/22 10:23 05/20/22 13:30 7440-50-8 Lead 28.3 mg/kg 0.84 1 05/19/22 10:23 05/20/22 13:30 7439-92-1 Selenium 0.81J mg/kg 1.7 1 05/19/22 10:23 05/20/22 13:30 7782-49-2 Silver <0.059 mg/kg 0.84 1 05/19/22 10:23 05/20/22 13:30 7440-22-4 7471 B Mercury Analytical Method: EPA 7471 B Preparation Method: EPA 7471 B Pace Analytical Services-Minneapolis Mercury 0.052 mg/kg 0.034 1 05/19/22 11:24 05/24/22 15:56 7439-97-6 Dry Weight/%M by ASTM D2974 Analytical Method:ASTM D2974 Pace Analytical Services-Minneapolis Percent Moisture 45.6 % 0.10 1 05/16/22 12:12 N2 8270E MSSV CPAH by SIM Analytical Method: EPA 8270E by SIM Preparation Method: EPA 3550C Pace Analytical Services-Minneapolis Acenaphthene 119J ug/kg 367 20 05/12/22 14:13 05/16/22 23:40 83-32-9 Acenaphthylene 119J ug/kg 367 20 05/12/22 14:13 05/16/22 23:40 208-96-8 Anthracene 329J ug/kg 367 20 05/12/22 14:13 05/16/22 23:40 120-12-7 Benzo(a)anthracene 1490 ug/kg 367 20 05/12/22 14:13 05/16/22 23:40 56-55-3 Benzo(a)pyrene 2200 ug/kg 367 20 05/12/22 14:13 05/16/22 23:40 50-32-8 Benzo(e)pyrene 1980 ug/kg 367 20 05/12/22 14:13 05/16/22 23:40 192-97-2 Benzo(g,h,i)perylene 1900 ug/kg 367 20 05/12/22 14:13 05/16/22 23:40 191-24-2 Benzofluoranthenes(Total) 5110 ug/kg 1100 20 05/12/22 14:13 05/16/22 23:40 N2 Carbazole 211J ug/kg 367 20 05/12/22 14:13 05/16/22 23:40 86-74-8 2-Chloronaphthalene <40.7 ug/kg 367 20 05/12/22 14:13 05/16/22 23:40 91-58-7 Chrysene 3120 ug/kg 367 20 05/12/22 14:13 05/16/22 23:40 218-01-9 Dibenz(a,h)acridine <36.2 ug/kg 367 20 05/12/22 14:13 05/16/22 23:40 226-36-8 Dibenz(a,h)anthracene 436 ug/kg 367 20 05/12/22 14:13 05/16/22 23:40 53-70-3 Dibenz(a,j)acridine <125 ug/kg 367 20 05/12/22 14:13 05/16/22 23:40 224-42-0 Dibenzo(a,e)pyrene 790 ug/kg 367 20 05/12/22 14:13 05/16/22 23:40 192-65-4 Dibenzo(a,h)pyrene 408 ug/kg 367 20 05/12/22 14:13 05/16/22 23:40 189-64-0 Dibenzo(a,i)pyrene <78.5 ug/kg 367 20 05/12/22 14:13 05/16/22 23:40 189-55-9 Dibenzo(a,l)pyrene <182 ug/kg 367 20 05/12/22 14:13 05/16/22 23:40 191-30-0 7H-Dibenzo(c,g)carbazole <55.4 ug/kg 367 20 05/12/22 14:13 05/16/22 23:40 194-59-2 Dibenzofuran 33.7J ug/kg 367 20 05/12/22 14:13 05/16/22 23:40 132-64-9 7,12-Dimethylbenz(a)anthracene <25.1 ug/kg 367 20 05/12/22 14:13 05/16/22 23:40 57-97-6 Fluoranthene 5640 ug/kg 367 20 05/12/22 14:13 05/16/22 23:40 206-44-0 Fluorene 225J ug/kg 367 20 05/12/22 14:13 05/16/22 23:40 86-73-7 Indeno(1,2,3-cd)pyrene 1630 ug/kg 367 20 05/12/22 14:13 05/16/22 23:40 193-39-5 3-Methylcholanthrene <96.5 ug/kg 367 20 05/12/22 14:13 05/16/22 23:40 56-49-5 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:05/25/2022 05:12 PM without the written consent of Pace Analytical Services,LLC. Page 5 of 22 Pace Analytical Services,LLC ® 1700 ElmMN Street aceAnalytical Minneapolis,MN 55414 www.pacelabs.com (612)607-1700 ANALYTICAL RESULTS Project: Fisher Pond Pace Project No.: 10608054 Sample: NW Fisher Lab ID: 10608054001 Collected: 05/06/22 12:37 Received: 05/12/22 10:21 Matrix: Solid Results reported on a "dry weight"basis and are adjusted for percent moisture,sample size and any dilutions. Parameters Results Units PQL DF Prepared Analyzed CAS No. Qual 8270E MSSV CPAH by SIM Analytical Method: EPA 8270E by SIM Preparation Method: EPA 3550C Pace Analytical Services-Minneapolis 5-Methylchrysene 294J ug/kg 367 20 05/12/22 14:13 05/16/22 23:40 3697-24-3 1-Methylnaphthalene <75.2 ug/kg 367 20 05/12/22 14:13 05/16/22 23:40 90-12-0 2-Methylnaphthalene <75.6 ug/kg 367 20 05/12/22 14:13 05/16/22 23:40 91-57-6 Naphthalene <90.6 ug/kg 367 20 05/12/22 14:13 05/16/22 23:40 91-20-3 5-Nitroacenaphthene <117 ug/kg 367 20 05/12/22 14:13 05/16/22 23:40 602-87-9 6-Nitrochrysene <117 ug/kg 367 20 05/12/22 14:13 05/16/22 23:40 7496-02-8 2-Nitrofluorene <151 ug/kg 367 20 05/12/22 14:13 05/16/22 23:40 607-57-8 N2 1-Nitropyrene 313J ug/kg 367 20 05/12/22 14:13 05/16/22 23:40 5522-43-0 N2 4-Nitropyrene <140 ug/kg 367 20 05/12/22 14:13 05/16/22 23:40 57835-92-4 N2 Perylene 456 ug/kg 367 20 05/12/22 14:13 05/16/22 23:40 198-55-0 Phenanthrene 2010 ug/kg 367 20 05/12/22 14:13 05/16/22 23:40 85-01-8 Pyrene 4210 ug/kg 367 20 05/12/22 14:13 05/16/22 23:40 129-00-0 Surrogates 2-Fluorobiphenyl(S) 71 %. 43-125 20 05/12/22 14:13 05/16/22 23:40 321-60-8 D4 p-Terphenyl-d14(S) 66 %. 40-125 20 05/12/22 14:13 05/16/22 23:40 1718-51-0 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:05/25/2022 05:12 PM without the written consent of Pace Analytical Services,LLC. Page 6 of 22 Pace Analytical Services,LLC ® 1700 ElmMN Street aceAnalytical Minneapolis,MN 55414 www.pacelabs.com (612)607-1700 ANALYTICAL RESULTS Project: Fisher Pond Pace Project No.: 10608054 Sample: SW Fisher Lab ID: 10608054002 Collected: 05/06/22 13:08 Received: 05/12/22 10:21 Matrix: Solid Results reported on a "dry weight"basis and are adjusted for percent moisture,sample size and any dilutions. Parameters Results Units PQL DF Prepared Analyzed CAS No. Qual 6010D MET ICP Analytical Method: EPA 6010D Preparation Method: EPA 3050B Pace Analytical Services-Minneapolis Arsenic 1.1J mg/kg 1.2 1 05/19/22 10:23 05/20/22 13:31 7440-38-2 Copper 18.8 mg/kg 0.62 1 05/19/22 10:23 05/20/22 13:31 7440-50-8 Dry Weight I%M by ASTM D2974 Analytical Method:ASTM D2974 Pace Analytical Services-Minneapolis Percent Moisture 24.4 % 0.10 1 05/16/22 12:12 N2 8270E MSSV CPAH by SIM Analytical Method: EPA 8270E by SIM Preparation Method: EPA 3550C Pace Analytical Services-Minneapolis Acenaphthene 55.9J ug/kg 132 10 05/12/22 14:13 05/17/22 00:11 83-32-9 Acenaphthylene 34.6J ug/kg 132 10 05/12/22 14:13 05/17/22 00:11 208-96-8 Anthracene 168 ug/kg 132 10 05/12/22 14:13 05/17/22 00:11 120-12-7 Benzo(a)anthracene 827 ug/kg 132 10 05/12/22 14:13 05/17/22 00:11 56-55-3 Benzo(a)pyrene 1200 ug/kg 132 10 05/12/22 14:13 05/17/22 00:11 50-32-8 Benzo(e)pyrene 1040 ug/kg 132 10 05/12/22 14:13 05/17/22 00:11 192-97-2 Benzo(g,h,i)perylene 1020 ug/kg 132 10 05/12/22 14:13 05/17/22 00:11 191-24-2 Benzofluoranthenes(Total) 2670 ug/kg 395 10 05/12/22 14:13 05/17/22 00:11 N2 Carbazole 115J ug/kg 132 10 05/12/22 14:13 05/17/22 00:11 86-74-8 2-Chloronaphthalene <14.6 ug/kg 132 10 05/12/22 14:13 05/17/22 00:11 91-58-7 Chrysene 1610 ug/kg 132 10 05/12/22 14:13 05/17/22 00:11 218-01-9 Dibenz(a,h)acridine <13.0 ug/kg 132 10 05/12/22 14:13 05/17/22 00:11 226-36-8 Dibenz(a,h)anthracene 241 ug/kg 132 10 05/12/22 14:13 05/17/22 00:11 53-70-3 Dibenz(a,j)acridine <45.1 ug/kg 132 10 05/12/22 14:13 05/17/22 00:11 224-42-0 Dibenzo(a,e)pyrene 431 ug/kg 132 10 05/12/22 14:13 05/17/22 00:11 192-65-4 Dibenzo(a,h)pyrene 200 ug/kg 132 10 05/12/22 14:13 05/17/22 00:11 189-64-0 Dibenzo(a,i)pyrene 50.2J ug/kg 132 10 05/12/22 14:13 05/17/22 00:11 189-55-9 Dibenzo(a,l)pyrene <65.2 ug/kg 132 10 05/12/22 14:13 05/17/22 00:11 191-30-0 7H-Dibenzo(c,g)carbazole <19.9 ug/kg 132 10 05/12/22 14:13 05/17/22 00:11 194-59-2 Dibenzofuran 22.5J ug/kg 132 10 05/12/22 14:13 05/17/22 00:11 132-64-9 7,12-Dimethylbenz(a)anthracene <9.0 ug/kg 132 10 05/12/22 14:13 05/17/22 00:11 57-97-6 Fluoranthene 3080 ug/kg 132 10 05/12/22 14:13 05/17/22 00:11 206-44-0 Fluorene 97.2J ug/kg 132 10 05/12/22 14:13 05/17/22 00:11 86-73-7 Indeno(1,2,3-cd)pyrene 883 ug/kg 132 10 05/12/22 14:13 05/17/22 00:11 193-39-5 3-Methylcholanthrene <34.7 ug/kg 132 10 05/12/22 14:13 05/17/22 00:11 56-49-5 5-Methylchrysene 142 ug/kg 132 10 05/12/22 14:13 05/17/22 00:11 3697-24-3 1-Methylnaphthalene <27.0 ug/kg 132 10 05/12/22 14:13 05/17/22 00:11 90-12-0 2-Methylnaphthalene <27.1 ug/kg 132 10 05/12/22 14:13 05/17/22 00:11 91-57-6 Naphthalene <32.6 ug/kg 132 10 05/12/22 14:13 05/17/22 00:11 91-20-3 5-Nitroacenaphthene <42.2 ug/kg 132 10 05/12/22 14:13 05/17/22 00:11 602-87-9 6-Nitrochrysene <42.2 ug/kg 132 10 05/12/22 14:13 05/17/22 00:11 7496-02-8 2-Nitrofluorene <54.2 ug/kg 132 10 05/12/22 14:13 05/17/22 00:11 607-57-8 N2 1-Nitropyrene <62.5 ug/kg 132 10 05/12/22 14:13 05/17/22 00:11 5522-43-0 N2 4-Nitropyrene <50.3 ug/kg 132 10 05/12/22 14:13 05/17/22 00:11 57835-92-4 N2 Perylene 265 ug/kg 132 10 05/12/22 14:13 05/17/22 00:11 198-55-0 Phenanthrene 1220 ug/kg 132 10 05/12/22 14:13 05/17/22 00:11 85-01-8 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:05/25/2022 05:12 PM without the written consent of Pace Analytical Services,LLC. Page 7 of 22 Pace Analytical Services,LLC ® 1700 ElmMN Street aceAnalytical Minneapolis,MN 55414 www.pacelabs.com (612)607-1700 ANALYTICAL RESULTS Project: Fisher Pond Pace Project No.: 10608054 Sample: SW Fisher Lab ID: 10608054002 Collected: 05/06/22 13:08 Received: 05/12/22 10:21 Matrix: Solid Results reported on a "dry weight"basis and are adjusted for percent moisture,sample size and any dilutions. Parameters Results Units PQL DF Prepared Analyzed CAS No. Qual 8270E MSSV CPAH by SIM Analytical Method: EPA 8270E by SIM Preparation Method: EPA 3550C Pace Analytical Services-Minneapolis Pyrene 2270 ug/kg 132 10 05/12/22 14:13 05/17/22 00:11 129-00-0 Surrogates 2-Fluorobiphenyl(S) 61 %. 43-125 10 05/12/22 14:13 05/17/22 00:11 321-60-8 p-Terphenyl-d14(S) 59 %. 40-125 10 05/12/22 14:13 05/17/22 00:11 1718-51-0 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:05/25/2022 05:12 PM without the written consent of Pace Analytical Services,LLC. Page 8 of 22 Pace Analytical Services,LLC ® 1700 ElmMN Street aceAnalytical Minneapolis,MN 55414 www.pacelabs.com (612)607-1700 ANALYTICAL RESULTS Project: Fisher Pond Pace Project No.: 10608054 Sample: SE Fisher Lab ID: 10608054003 Collected: 05/06/22 12:58 Received: 05/12/22 10:21 Matrix: Solid Results reported on a "dry weight"basis and are adjusted for percent moisture,sample size and any dilutions. Parameters Results Units PQL DF Prepared Analyzed CAS No. Qual 6010D MET ICP Analytical Method: EPA 6010D Preparation Method: EPA 3050B Pace Analytical Services-Minneapolis Arsenic 2.6 mg/kg 1.6 1 05/19/22 10:23 05/20/22 13:33 7440-38-2 Copper 35.3 mg/kg 0.81 1 05/19/22 10:23 05/20/22 13:33 7440-50-8 Dry Weight I%M by ASTM D2974 Analytical Method:ASTM D2974 Pace Analytical Services-Minneapolis Percent Moisture 42.8 % 0.10 1 05/16/22 12:12 N2 8270E MSSV CPAH by SIM Analytical Method: EPA 8270E by SIM Preparation Method: EPA 3550C Pace Analytical Services-Minneapolis Acenaphthene 55.1J ug/kg 174 10 05/12/22 14:13 05/17/22 00:41 83-32-9 Acenaphthylene 44.9J ug/kg 174 10 05/12/22 14:13 05/17/22 00:41 208-96-8 Anthracene 149J ug/kg 174 10 05/12/22 14:13 05/17/22 00:41 120-12-7 Benzo(a)anthracene 897 ug/kg 174 10 05/12/22 14:13 05/17/22 00:41 56-55-3 Benzo(a)pyrene 1360 ug/kg 174 10 05/12/22 14:13 05/17/22 00:41 50-32-8 Benzo(e)pyrene 1260 ug/kg 174 10 05/12/22 14:13 05/17/22 00:41 192-97-2 Benzo(g,h,i)perylene 1210 ug/kg 174 10 05/12/22 14:13 05/17/22 00:41 191-24-2 Benzofluoranthenes(Total) 3210 ug/kg 523 10 05/12/22 14:13 05/17/22 00:41 N2 Carbazole 108J ug/kg 174 10 05/12/22 14:13 05/17/22 00:41 86-74-8 2-Chloronaphthalene <19.4 ug/kg 174 10 05/12/22 14:13 05/17/22 00:41 91-58-7 Chrysene 1890 ug/kg 174 10 05/12/22 14:13 05/17/22 00:41 218-01-9 Dibenz(a,h)acridine <17.2 ug/kg 174 10 05/12/22 14:13 05/17/22 00:41 226-36-8 Dibenz(a,h)anthracene 269 ug/kg 174 10 05/12/22 14:13 05/17/22 00:41 53-70-3 Dibenz(a,j)acridine <59.6 ug/kg 174 10 05/12/22 14:13 05/17/22 00:41 224-42-0 Dibenzo(a,e)pyrene 527 ug/kg 174 10 05/12/22 14:13 05/17/22 00:41 192-65-4 Dibenzo(a,h)pyrene 258 ug/kg 174 10 05/12/22 14:13 05/17/22 00:41 189-64-0 Dibenzo(a,i)pyrene 48.7J ug/kg 174 10 05/12/22 14:13 05/17/22 00:41 189-55-9 Dibenzo(a,l)pyrene <86.3 ug/kg 174 10 05/12/22 14:13 05/17/22 00:41 191-30-0 7H-Dibenzo(c,g)carbazole <26.3 ug/kg 174 10 05/12/22 14:13 05/17/22 00:41 194-59-2 Dibenzofuran 20.5J ug/kg 174 10 05/12/22 14:13 05/17/22 00:41 132-64-9 7,12-Dimethylbenz(a)anthracene <11.9 ug/kg 174 10 05/12/22 14:13 05/17/22 00:41 57-97-6 Fluoranthene 3280 ug/kg 174 10 05/12/22 14:13 05/17/22 00:41 206-44-0 Fluorene 99.4J ug/kg 174 10 05/12/22 14:13 05/17/22 00:41 86-73-7 Indeno(1,2,3-cd)pyrene 1050 ug/kg 174 10 05/12/22 14:13 05/17/22 00:41 193-39-5 3-Methylcholanthrene <45.9 ug/kg 174 10 05/12/22 14:13 05/17/22 00:41 56-49-5 5-Methylchrysene 169J ug/kg 174 10 05/12/22 14:13 05/17/22 00:41 3697-24-3 1-Methylnaphthalene <35.7 ug/kg 174 10 05/12/22 14:13 05/17/22 00:41 90-12-0 2-Methylnaphthalene <35.9 ug/kg 174 10 05/12/22 14:13 05/17/22 00:41 91-57-6 Naphthalene <43.1 ug/kg 174 10 05/12/22 14:13 05/17/22 00:41 91-20-3 5-Nitroacenaphthene <55.8 ug/kg 174 10 05/12/22 14:13 05/17/22 00:41 602-87-9 6-Nitrochrysene <55.8 ug/kg 174 10 05/12/22 14:13 05/17/22 00:41 7496-02-8 2-Nitrofluorene <71.7 ug/kg 174 10 05/12/22 14:13 05/17/22 00:41 607-57-8 N2 1-Nitropyrene <82.6 ug/kg 174 10 05/12/22 14:13 05/17/22 00:41 5522-43-0 N2 4-Nitropyrene <66.6 ug/kg 174 10 05/12/22 14:13 05/17/22 00:41 57835-92-4 N2 Perylene 318 ug/kg 174 10 05/12/22 14:13 05/17/22 00:41 198-55-0 Phenanthrene 1090 ug/kg 174 10 05/12/22 14:13 05/17/22 00:41 85-01-8 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:05/25/2022 05:12 PM without the written consent of Pace Analytical Services,LLC. Page 9 of 22 Pace Analytical Services,LLC ® 1700 ElmMN Street aceAnalytical Minneapolis,MN 55414 www.pacelabs.com (612)607-1700 ANALYTICAL RESULTS Project: Fisher Pond Pace Project No.: 10608054 Sample: SE Fisher Lab ID: 10608054003 Collected: 05/06/22 12:58 Received: 05/12/22 10:21 Matrix: Solid Results reported on a "dry weight"basis and are adjusted for percent moisture,sample size and any dilutions. Parameters Results Units PQL DF Prepared Analyzed CAS No. Qual 8270E MSSV CPAH by SIM Analytical Method: EPA 8270E by SIM Preparation Method: EPA 3550C Pace Analytical Services-Minneapolis Pyrene 2490 ug/kg 174 10 05/12/22 14:13 05/17/22 00:41 129-00-0 Surrogates 2-Fluorobiphenyl(S) 64 %. 43-125 10 05/12/22 14:13 05/17/22 00:41 321-60-8 D4 p-Terphenyl-d14(S) 60 %. 40-125 10 05/12/22 14:13 05/17/22 00:41 1718-51-0 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:05/25/2022 05:12 PM without the written consent of Pace Analytical Services,LLC. Page 10 of 22 Pace Analytical Services,LLC ® 1700 ElmMN Street aceAnalytical Minneapolis,MN 55414 www.pacelabs.com (612)607-1700 ANALYTICAL RESULTS Project: Fisher Pond Pace Project No.: 10608054 Sample: NE Fisher Lab ID: 10608054004 Collected: 05/06/22 12:11 Received: 05/12/22 10:21 Matrix: Solid Results reported on a "dry weight"basis and are adjusted for percent moisture,sample size and any dilutions. Parameters Results Units PQL DF Prepared Analyzed CAS No. Qual 6010D MET ICP Analytical Method: EPA 6010D Preparation Method: EPA 3050B Pace Analytical Services-Minneapolis Arsenic 1.7 mg/kg 1.7 1 05/19/22 10:23 05/20/22 13:35 7440-38-2 Copper 39.5 mg/kg 0.83 1 05/19/22 10:23 05/20/22 13:35 7440-50-8 Dry Weight I%M by ASTM D2974 Analytical Method:ASTM D2974 Pace Analytical Services-Minneapolis Percent Moisture 43.4 % 0.10 1 05/16/22 12:12 N2 8270E MSSV CPAH by SIM Analytical Method: EPA 8270E by SIM Preparation Method: EPA 3550C Pace Analytical Services-Minneapolis Acenaphthene 17.5J ug/kg 87.9 5 05/12/22 14:13 05/17/22 01:11 83-32-9 Acenaphthylene 26.7J ug/kg 87.9 5 05/12/22 14:13 05/17/22 01:11 208-96-8 Anthracene 53.3J ug/kg 87.9 5 05/12/22 14:13 05/17/22 01:11 120-12-7 Benzo(a)anthracene 290 ug/kg 87.9 5 05/12/22 14:13 05/17/22 01:11 56-55-3 Benzo(a)pyrene 562 ug/kg 87.9 5 05/12/22 14:13 05/17/22 01:11 50-32-8 Benzo(e)pyrene 640 ug/kg 87.9 5 05/12/22 14:13 05/17/22 01:11 192-97-2 Benzo(g,h,i)perylene 663 ug/kg 87.9 5 05/12/22 14:13 05/17/22 01:11 191-24-2 Benzofluoranthenes(Total) 1510 ug/kg 264 5 05/12/22 14:13 05/17/22 01:11 N2 Carbazole 63.2J ug/kg 87.9 5 05/12/22 14:13 05/17/22 01:11 86-74-8 2-Chloronaphthalene <9.8 ug/kg 87.9 5 05/12/22 14:13 05/17/22 01:11 91-58-7 Chrysene 889 ug/kg 87.9 5 05/12/22 14:13 05/17/22 01:11 218-01-9 Dibenz(a,h)acridine <8.7 ug/kg 87.9 5 05/12/22 14:13 05/17/22 01:11 226-36-8 Dibenz(a,h)anthracene 127 ug/kg 87.9 5 05/12/22 14:13 05/17/22 01:11 53-70-3 Dibenz(a,j)acridine <30.1 ug/kg 87.9 5 05/12/22 14:13 05/17/22 01:11 224-42-0 Dibenzo(a,e)pyrene 276 ug/kg 87.9 5 05/12/22 14:13 05/17/22 01:11 192-65-4 Dibenzo(a,h)pyrene 126 ug/kg 87.9 5 05/12/22 14:13 05/17/22 01:11 189-64-0 Dibenzo(a,i)pyrene <18.8 ug/kg 87.9 5 05/12/22 14:13 05/17/22 01:11 189-55-9 Dibenzo(a,l)pyrene <43.5 ug/kg 87.9 5 05/12/22 14:13 05/17/22 01:11 191-30-0 7H-Dibenzo(c,g)carbazole <13.3 ug/kg 87.9 5 05/12/22 14:13 05/17/22 01:11 194-59-2 Dibenzofuran 7.8J ug/kg 87.9 5 05/12/22 14:13 05/17/22 01:11 132-64-9 7,12-Dimethylbenz(a)anthracene <6.0 ug/kg 87.9 5 05/12/22 14:13 05/17/22 01:11 57-97-6 Fluoranthene 1270 ug/kg 87.9 5 05/12/22 14:13 05/17/22 01:11 206-44-0 Fluorene 36.3J ug/kg 87.9 5 05/12/22 14:13 05/17/22 01:11 86-73-7 Indeno(1,2,3-cd)pyrene 531 ug/kg 87.9 5 05/12/22 14:13 05/17/22 01:11 193-39-5 3-Methylcholanthrene <23.1 ug/kg 87.9 5 05/12/22 14:13 05/17/22 01:11 56-49-5 5-Methylchrysene 86.7J ug/kg 87.9 5 05/12/22 14:13 05/17/22 01:11 3697-24-3 1-Methylnaphthalene <18.0 ug/kg 87.9 5 05/12/22 14:13 05/17/22 01:11 90-12-0 2-Methylnaphthalene <18.1 ug/kg 87.9 5 05/12/22 14:13 05/17/22 01:11 91-57-6 Naphthalene <21.7 ug/kg 87.9 5 05/12/22 14:13 05/17/22 01:11 91-20-3 5-Nitroacenaphthene <28.1 ug/kg 87.9 5 05/12/22 14:13 05/17/22 01:11 602-87-9 6-Nitrochrysene <28.1 ug/kg 87.9 5 05/12/22 14:13 05/17/22 01:11 7496-02-8 2-Nitrofluorene <36.1 ug/kg 87.9 5 05/12/22 14:13 05/17/22 01:11 607-57-8 N2 1-Nitropyrene <41.7 ug/kg 87.9 5 05/12/22 14:13 05/17/22 01:11 5522-43-0 N2 4-Nitropyrene <33.6 ug/kg 87.9 5 05/12/22 14:13 05/17/22 01:11 57835-92-4 N2 Perylene 117 ug/kg 87.9 5 05/12/22 14:13 05/17/22 01:11 198-55-0 Phenanthrene 416 ug/kg 87.9 5 05/12/22 14:13 05/17/22 01:11 85-01-8 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:05/25/2022 05:12 PM without the written consent of Pace Analytical Services,LLC. Page 11 of 22 Pace Analytical Services,LLC ® 1700 ElmMN Street aceAnalytical Minneapolis,MN 55414 www.pacelabs.com (612)607-1700 ANALYTICAL RESULTS Project: Fisher Pond Pace Project No.: 10608054 Sample: NE Fisher Lab ID: 10608054004 Collected: 05/06/22 12:11 Received: 05/12/22 10:21 Matrix: Solid Results reported on a "dry weight"basis and are adjusted for percent moisture,sample size and any dilutions. Parameters Results Units PQL DF Prepared Analyzed CAS No. Qual 8270E MSSV CPAH by SIM Analytical Method: EPA 8270E by SIM Preparation Method: EPA 3550C Pace Analytical Services-Minneapolis Pyrene 993 ug/kg 87.9 5 05/12/22 14:13 05/17/22 01:11 129-00-0 Surrogates 2-Fluorobiphenyl(S) 69 %. 43-125 5 05/12/22 14:13 05/17/22 01:11 321-60-8 D4 p-Terphenyl-d14(S) 67 %. 40-125 5 05/12/22 14:13 05/17/22 01:11 1718-51-0 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:05/25/2022 05:12 PM without the written consent of Pace Analytical Services,LLC. Page 12 of 22 Pace Analytical Services,LLC aceAnalytical® 1o00 m Street Minneapolis,MN 55414 www.pacelabs.com (612)607-1700 QUALITY CONTROL DATA Project: Fisher Pond Pace Project No.: 10608054 QC Batch: 815918 Analysis Method: EPA 7471 B QC Batch Method: EPA 7471 B Analysis Description: 7471 B Mercury Solids Laboratory: Pace Analytical Services-Minneapolis Associated Lab Samples: 10608054001 METHOD BLANK: 4324903 Matrix: Solid Associated Lab Samples: 10608054001 Blank Reporting Parameter Units Result Limit Analyzed Qualifiers Mercury mg/kg <0.0078 0.018 05/24/22 15:33 LABORATORY CONTROL SAMPLE: 4324904 Spike LCS LCS %Rec Parameter Units Conc. Result %Rec Limits Qualifiers Mercury mg/kg 0.48 0.48 99 80-120 MATRIX SPIKE&MATRIX SPIKE DUPLICATE: 4324905 4324906 MS MSD 10607738001 Spike Spike MS MSD MS MSD %Rec Max Parameter Units Result Conc. Conc. Result Result %Rec %Rec Limits RPD RPD Qual Mercury mg/kg <0.11 6.3 6.2 6.3 6.0 98 97 80-120 4 20 Results presented on this page are in the units indicated by the"Units"column except where an alternate unit is presented to the right of the result. REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:05/25/2022 05:12 PM without the written consent of Pace Analytical Services,LLC. Page 13 of 22 Pace Analytical Services,LLC aceAnalytical® 1o00 m Street Minneapolis,MN 55414 www.pacelabs.com (612)607-1700 QUALITY CONTROL DATA Project: Fisher Pond Pace Project No.: 10608054 QC Batch: 815917 Analysis Method: EPA 6010D QC Batch Method: EPA 3050B Analysis Description: 6010D Solids Laboratory: Pace Analytical Services-Minneapolis Associated Lab Samples: 10608054001, 10608054002, 10608054003, 10608054004 METHOD BLANK: 4324899 Matrix: Solid Associated Lab Samples: 10608054001, 10608054002, 10608054003, 10608054004 Blank Reporting Parameter Units Result Limit Analyzed Qualifiers Arsenic mg/kg <0.14 0.92 05/20/22 13:01 Barium mg/kg 0.094J 0.46 05/20/22 13:01 Cadmium mg/kg <0.031 0.14 05/20/22 13:01 Chromium mg/kg 0.030J 0.46 05/20/22 13:01 Copper mg/kg <0.067 0.46 05/20/22 13:01 Lead mg/kg <0.094 0.46 05/20/22 13:01 Selenium mg/kg <0.30 0.92 05/20/22 13:01 Silver mg/kg <0.032 0.46 05/20/22 13:01 LABORATORY CONTROL SAMPLE: 4324900 Spike LCS LCS %Rec Parameter Units Conc. Result %Rec Limits Qualifiers Arsenic mg/kg 47.6 46.7 98 80-120 Barium mg/kg 47.6 50.8 107 80-120 Cadmium mg/kg 47.6 50.5 106 80-120 Chromium mg/kg 47.6 51.6 108 80-120 Copper mg/kg 47.6 51.2 107 80-120 Lead mg/kg 47.6 50.4 106 80-120 Selenium mg/kg 47.6 44.8 94 80-120 Silver mg/kg 23.8 24.6 104 80-120 MATRIX SPIKE&MATRIX SPIKE DUPLICATE: 4324901 4324902 MS MSD 10607738001 Spike Spike MS MSD MS MSD %Rec Max Parameter Units Result Conc. Conc. Result Result %Rec %Rec Limits RPD RPD Qual Arsenic mg/kg 3.1J 661 673 637 652 96 96 75-125 2 20 Barium mg/kg 160 661 673 853 873 105 106 75-125 2 20 Cadmium mg/kg 0.89J 661 673 683 711 103 106 75-125 4 20 Chromium mg/kg 27.0 661 673 731 758 107 109 75-125 4 20 Copper mg/kg 301 661 673 1040 1050 112 111 75-125 1 20 Lead mg/kg 24.1 661 673 704 729 103 105 75-125 3 20 Selenium mg/kg <4.4 661 673 621 639 94 94 75-125 3 20 Silver mg/kg <0.47 330 336 322 329 98 98 75-125 2 20 Results presented on this page are in the units indicated by the"Units"column except where an alternate unit is presented to the right of the result. REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:05/25/2022 05:12 PM without the written consent of Pace Analytical Services,LLC. Page 14 of 22 Pace Analytical Services,LLC aceAnalytical® 1o00 m Street Minneapolis,MN 55414 www.pacelabs.com (612)607-1700 QUALITY CONTROL DATA Project: Fisher Pond Pace Project No.: 10608054 QC Batch: 815307 Analysis Method: ASTM D2974 QC Batch Method: ASTM D2974 Analysis Description: Dry Weight/%M by ASTM D2974 Laboratory: Pace Analytical Services-Minneapolis Associated Lab Samples: 10608054001, 10608054002, 10608054003, 10608054004 SAMPLE DUPLICATE: 4322380 10608217001 Dup Max Parameter Units Result Result RPD RPD Qualifiers Percent Moisture % 6.8 6.8 1 30 N2 SAMPLE DUPLICATE: 4322381 10608217011 Dup Max Parameter Units Result Result RPD RPD Qualifiers Percent Moisture % 7.5 7.1 6 30 N2 Results presented on this page are in the units indicated by the"Units"column except where an alternate unit is presented to the right of the result. REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:05/25/2022 05:12 PM without the written consent of Pace Analytical Services,LLC. Page 15 of 22 Pace Analytical Services,LLC aceAnalytical® 1o00 m Street Minneapolis,MN 55414 www.pacelabs.com (612)607-1700 QUALITY CONTROL DATA Project: Fisher Pond Pace Project No.: 10608054 QC Batch: 814915 Analysis Method: EPA 8270E by SIM QC Batch Method: EPA 3550C Analysis Description: 8270E CPAH by SIM MSSV Laboratory: Pace Analytical Services-Minneapolis Associated Lab Samples: 10608054001, 10608054002, 10608054003, 10608054004 METHOD BLANK: 4319686 Matrix: Solid Associated Lab Samples: 10608054001, 10608054002, 10608054003, 10608054004 Blank Reporting Parameter Units Result Limit Analyzed Qualifiers 1-Methylnaphthalene ug/kg <2.0 10.0 05/13/22 18:14 1-Nitropyrene ug/kg <4.7 10.0 05/13/22 18:14 N2 2-Chloronaphthalene ug/kg <1.1 10.0 05/13/22 18:14 2-Methylnaphthalene ug/kg <2.1 10.0 05/13/22 18:14 2-Nitrofluorene ug/kg <4.1 10.0 05/13/22 18:14 N2 3-Methylcholanthrene ug/kg <2.6 10.0 05/13/22 18:14 4-Nitropyrene ug/kg <3.8 10.0 05/13/22 18:14 N2 5-Methylchrysene ug/kg <0.94 10.0 05/13/22 18:14 5-Nitroacenaphthene ug/kg <3.2 10.0 05/13/22 18:14 6-Nitrochrysene ug/kg <3.2 10.0 05/13/22 18:14 7,12-Dimethylbenz(a)anthracene ug/kg <0.68 10.0 05/13/22 18:14 7H-Dibenzo(c,g)carbazole ug/kg <1.5 10.0 05/13/22 18:14 Acenaphthene ug/kg <1.1 10.0 05/13/22 18:14 Acenaphthylene ug/kg <1.9 10.0 05/13/22 18:14 Anthracene ug/kg <0.64 10.0 05/13/22 18:14 Benzo(a)anthracene ug/kg <0.87 10.0 05/13/22 18:14 Benzo(a)pyrene ug/kg <1.1 10.0 05/13/22 18:14 Benzo(e)pyrene ug/kg <1.3 10.0 05/13/22 18:14 Benzo(g,h,i)perylene ug/kg <2.5 10.0 05/13/22 18:14 Benzofluoranthenes(Total) ug/kg <4.1 30.0 05/13/22 18:14 N2 Carbazole ug/kg <1.0 10.0 05/13/22 18:14 Chrysene ug/kg <0.98 10.0 05/13/22 18:14 Dibenz(a,h)acridine ug/kg <0.99 10.0 05/13/22 18:14 Dibenz(a,h)anthracene ug/kg <0.82 10.0 05/13/22 18:14 Dibenz(a,j)acridine ug/kg <3.4 10.0 05/13/22 18:14 Dibenzo(a,e)pyrene ug/kg <1.3 10.0 05/13/22 18:14 Dibenzo(a,h)pyrene ug/kg <1.3 10.0 05/13/22 18:14 Dibenzo(a,i)pyrene ug/kg <2.1 10.0 05/13/22 18:14 Dibenzo(a,l)pyrene ug/kg <5.0 10.0 05/13/22 18:14 Dibenzofuran ug/kg <0.79 10.0 05/13/22 18:14 Fluoranthene ug/kg <0.77 10.0 05/13/22 18:14 Fluorene ug/kg <0.60 10.0 05/13/22 18:14 Indeno(1,2,3-cd)pyrene ug/kg <0.88 10.0 05/13/22 18:14 Naphthalene ug/kg <2.5 10.0 05/13/22 18:14 Perylene ug/kg <1.4 10.0 05/13/22 18:14 Phenanthrene ug/kg <0.81 10.0 05/13/22 18:14 Pyrene ug/kg <0.94 10.0 05/13/22 18:14 2-Fluorobiphenyl(S) %. 86 43-125 05/13/22 18:14 p-Terphenyl-d14(S) %. 90 40-125 05/13/22 18:14 Results presented on this page are in the units indicated by the"Units"column except where an alternate unit is presented to the right of the result. REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:05/25/2022 05:12 PM without the written consent of Pace Analytical Services,LLC. Page 16 of 22 Pace Analytical Services,LLC aceAnalytical® 1o00 m Street Minneapolis,MN 55414 www.pacelabs.com (612)607-1700 QUALITY CONTROL DATA Project: Fisher Pond Pace Project No.: 10608054 LABORATORY CONTROL SAMPLE: 4319687 Spike LCS LCS %Rec Parameter Units Conc. Result %Rec Limits Qualifiers 1-Methylnaphthalene ug/kg 100 76.9 77 52-125 1-Nitropyrene ug/kg 100 76.4 76 30-131 N2 2-Chloronaphthalene ug/kg 100 79.9 80 54-125 2-Methylnaphthalene ug/kg 100 80.1 80 52-125 2-Nitrofluorene ug/kg 100 88.7 89 60-132 N2 3-Methylcholanthrene ug/kg 100 93.3 93 30-131 4-Nitropyrene ug/kg 100 77.1 77 42-135 N2 5-Methylchrysene ug/kg 100 82.2 82 63-125 5-Nitroacenaphthene ug/kg 100 76.4 76 60-128 6-Nitrochrysene ug/kg 100 77.0 77 30-143 7,12-Dimethylbenz(a)anthracene ug/kg 100 92.0 92 30-125 7H-Dibenzo(c,g)carbazole ug/kg 100 79.0 79 69-125 Acenaphthene ug/kg 100 79.2 79 59-125 Acenaphthylene ug/kg 100 75.9 76 56-125 Anthracene ug/kg 100 83.7 84 62-125 Benzo(a)anthracene ug/kg 100 78.8 79 60-125 Benzo(a)pyrene ug/kg 100 82.5 82 67-125 Benzo(e)pyrene ug/kg 100 87.3 87 64-125 Benzo(g,h,i)perylene ug/kg 100 83.2 83 39-129 Benzofluoranthenes(Total) ug/kg 300 261 87 67-125 N2 Carbazole ug/kg 100 84.3 84 66-125 Chrysene ug/kg 100 85.6 86 60-125 Dibenz(a,h)acridine ug/kg 100 77.7 78 66-125 Dibenz(a,h)anthracene ug/kg 100 83.4 83 66-125 Dibenz(a,j)acridine ug/kg 100 80.5 80 30-133 Dibenzo(a,e)pyrene ug/kg 100 76.3 76 57-125 Dibenzo(a,h)pyrene ug/kg 100 80.8 81 59-126 Dibenzo(a,i)pyrene ug/kg 100 75.7 76 45-125 Dibenzo(a,l)pyrene ug/kg 100 64.7 65 30-125 Dibenzofuran ug/kg 100 78.3 78 61-125 Fluoranthene ug/kg 100 82.0 82 66-125 Fluorene ug/kg 100 79.0 79 63-125 Indeno(1,2,3-cd)pyrene ug/kg 100 82.9 83 67-125 Naphthalene ug/kg 100 79.3 79 50-125 Perylene ug/kg 100 80.5 80 69-125 Phenanthrene ug/kg 100 84.2 84 67-125 Pyrene ug/kg 100 87.5 87 62-125 2-Fluorobiphenyl(S) %. 80 43-125 p-Terphenyl-d14(S) %. 86 40-125 MATRIX SPIKE&MATRIX SPIKE DUPLICATE: 4319688 4319689 MS MSD 10607968001 Spike Spike MS MSD MS MSD %Rec Max Parameter Units Result Conc. Conc. Result Result %Rec %Rec Limits RPD RPD Qual 1-Methylnaphthalene ug/kg ND 132 132 87.2 91.5 66 69 37-125 5 30 Results presented on this page are in the units indicated by the"Units"column except where an alternate unit is presented to the right of the result. REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:05/25/2022 05:12 PM without the written consent of Pace Analytical Services,LLC. Page 17 of 22 Pace Analytical Services,LLC aceAnalytical® 1o00 m Street Minneapolis,MN 55414 www.pacelabs.com (612)607-1700 QUALITY CONTROL DATA Project: Fisher Pond Pace Project No.: 10608054 MATRIX SPIKE&MATRIX SPIKE DUPLICATE: 4319688 4319689 MS MSD 10607968001 Spike Spike MS MSD MS MSD %Rec Max Parameter Units Result Conc. Conc. Result Result %Rec %Rec Limits RPD RPD Qual 1-Nitropyrene ug/kg ND 132 132 93.1 97.2 71 74 30-131 4 30 N2 2-Chloronaphthalene ug/kg ND 132 132 93.6 104 71 78 48-125 10 30 2-Methylnaphthalene ug/kg ND 132 132 89.3 93.3 68 71 40-125 4 30 2-Nitrofluorene ug/kg ND 132 132 115 131 87 99 30-150 13 30 N2 3-Methylcholanthrene ug/kg ND 132 132 91.9 101 70 76 30-131 9 30 4-Nitropyrene ug/kg ND 132 132 94.9 101 72 76 30-135 6 30 N2 5-Methylchrysene ug/kg ND 132 132 98.6 103 75 78 30-150 5 30 5-Nitroacenaphthene ug/kg ND 132 132 93.8 106 71 80 30-150 12 30 6-Nitrochrysene ug/kg ND 132 132 92.0 89.1 70 67 30-143 3 30 7,12- ug/kg ND 132 132 87.3 90.7 66 69 30-145 4 30 Dimethylbenz(a)anthracene 7H-Dibenzo(c,g)carbazole ug/kg ND 132 132 101 110 77 83 30-125 9 30 Acenaphthene ug/kg ND 132 132 96.6 103 73 78 30-139 6 30 Acenaphthylene ug/kg ND 132 132 91.2 97.9 69 74 30-125 7 30 Anthracene ug/kg ND 132 132 96.9 101 74 77 30-150 4 30 Benzo(a)anthracene ug/kg ND 132 132 96.3 101 73 76 30-150 4 30 Benzo(a)pyrene ug/kg ND 132 132 95.8 100 73 76 30-150 4 30 Benzo(e)pyrene ug/kg ND 132 132 106 108 81 82 30-150 2 30 Benzo(g,h,i)perylene ug/kg ND 132 132 103 116 78 88 30-150 12 30 Benzofluoranthenes(Total) ug/kg ND 396 397 319 313 81 79 30-150 2 30 N2 Carbazole ug/kg ND 132 132 101 102 77 78 30-150 1 30 Chrysene ug/kg ND 132 132 103 109 78 82 30-150 5 30 Dibenz(a,h)acridine ug/kg ND 132 132 93.7 102 71 77 30-125 9 30 Dibenz(a,h)anthracene ug/kg ND 132 132 100 109 76 82 30-146 8 30 Dibenz(a,j)acridine ug/kg ND 132 132 93.3 105 71 79 30-133 12 30 Dibenzo(a,e)pyrene ug/kg ND 132 132 96.2 107 73 81 30-125 11 30 Dibenzo(a,h)pyrene ug/kg ND 132 132 107 113 81 85 30-126 5 30 Dibenzo(a,i)pyrene ug/kg ND 132 132 94.5 102 72 77 30-125 7 30 Dibenzo(a,l)pyrene ug/kg ND 132 132 72.2 85.8 55 65 30-125 17 30 Dibenzofuran ug/kg ND 132 132 97.1 101 74 77 43-125 4 30 Fluoranthene ug/kg ND 132 132 97.2 98.5 74 75 30-150 1 30 Fluorene ug/kg ND 132 132 97.8 102 74 77 30-147 4 30 Indeno(1,2,3-cd)pyrene ug/kg ND 132 132 100 111 76 84 30-150 10 30 Naphthalene ug/kg ND 132 132 88.5 89.1 67 67 37-125 1 30 Perylene ug/kg ND 132 132 93.9 97.0 71 73 30-150 3 30 Phenanthrene ug/kg ND 132 132 103 107 78 81 30-150 3 30 Pyrene ug/kg ND 132 132 112 115 85 87 30-150 3 30 2-Fluorobiphenyl(S) %. 70 77 43-125 p-Terphenyl-d14(S) %. 81 83 40-125 Results presented on this page are in the units indicated by the"Units"column except where an alternate unit is presented to the right of the result. REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:05/25/2022 05:12 PM without the written consent of Pace Analytical Services,LLC. Page 18 of 22 Pace Analytical Services,LLC i ® 1700 ElmMN Street aceAnalytcal Minneapolis,MN 55414 www.pacelabs.cam (612)607-1700 QUALIFIERS Project: Fisher Pond Pace Project No.: 10608054 DEFINITIONS DF-Dilution Factor, if reported,represents the factor applied to the reported data due to dilution of the sample aliquot. ND-Not Detected at or above adjusted reporting limit. TNTC-Too Numerous To Count J-Estimated concentration above the adjusted method detection limit and below the adjusted reporting limit. MDL-Adjusted Method Detection Limit. PQL-Practical Quantitation Limit. RL-Reporting Limit-The lowest concentration value that meets project requirements for quantitative data with known precision and bias for a specific analyte in a specific matrix. S-Surrogate 1,2-Diphenylhydrazine decomposes to and cannot be separated from Azobenzene using Method 8270.The result for each analyte is a combined concentration. Consistent with EPA guidelines, unrounded data are displayed and have been used to calculate%recovery and RPD values. LCS(D)-Laboratory Control Sample(Duplicate) MS(D)-Matrix Spike(Duplicate) DUP-Sample Duplicate RPD-Relative Percent Difference NC-Not Calculable. SG-Silica Gel-Clean-Up U-Indicates the compound was analyzed for, but not detected. N-Nitrosodiphenylamine decomposes and cannot be separated from Diphenylamine using Method 8270. The result reported for each analyte is a combined concentration. Reported results are not rounded until the final step prior to reporting.Therefore,calculated parameters that are typically reported as "Total"may vary slightly from the sum of the reported component parameters. Pace Analytical is TNI accredited.Contact your Pace PM for the current list of accredited analytes. TNI-The NELAC Institute. BATCH QUALIFIERS Batch:815232 [1] The continuing calibration verification from 05/16/22 was above the method acceptance limit for 2-Nitrofluorene,4- Nitropyrene, 1-Nitropyrene,and 6-Nitrochrysene.Any detection for the analyte in the associated samples may have a high bias ANALYTE QUALIFIERS D4 Sample was diluted due to the presence of high levels of target analytes. N2 The lab does not hold NELAC/TNI accreditation for this parameter but other accreditations/certifications may apply.A complete list of accreditations/certifications is available upon request. REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:05/25/2022 05:12 PM without the written consent of Pace Analytical Services,LLC. Page 19 of 22 Pace Analytical Services,LLC ® 1700 ElmMN Street aceAnalytical Minneapolis,MN 55414 www.pacelabs.com (612)607-1700 QUALITY CONTROL DATA CROSS REFERENCE TABLE Project: Fisher Pond Pace Project No.: 10608054 Analytical Lab ID Sample ID QC Batch Method QC Batch Analytical Method Batch 10608054001 NW Fisher EPA 3050B 815917 EPA 6010D 816525 10608054002 SW Fisher EPA 3050B 815917 EPA 6010D 816525 10608054003 SE Fisher EPA 3050B 815917 EPA 6010D 816525 10608054004 NE Fisher EPA 3050B 815917 EPA 6010D 816525 10608054001 NW Fisher EPA 7471B 815918 EPA 7471B 816851 10608054001 NW Fisher ASTM D2974 815307 10608054002 SW Fisher ASTM D2974 815307 10608054003 SE Fisher ASTM D2974 815307 10608054004 NE Fisher ASTM D2974 815307 10608054001 NW Fisher EPA 3550C 814915 EPA 8270E by SIM 815232 10608054002 SW Fisher EPA 3550C 814915 EPA 8270E by SIM 815232 10608054003 SE Fisher EPA 3550C 814915 EPA 8270E by SIM 815232 10608054004 NE Fisher EPA 3550C 814915 EPA 8270E by SIM 815232 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced,except in full, Date:05/25/2022 05:12 PM without the written consent of Pace Analytical Services,LLC. 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E E E ro N r U a m L N P. M �_ N u O o 0 3 y 3 E ^ r - i u w ' f T a T 8 .....,, jvc u o ` � v vcc cc LT ®? ;qI : fHkft 0 Ym E 9T � 76 .11. N 0 7 c Jm co E •• v Q o 3 / b:' u g � u cm wY ppMgNp �'cl co Nn Q (.'J h0 i� r U \ °x • Ti l7 V-• O E yv, 0 0 0 0 o c E y `` N O J C � �10� Y �I Z �1' Q �~ U O � \\ \ N. U1 Y U N Ul N F- f, •m 3 w in n - w u fo a m m E E E �O 1 7 u U yv, F. d d N f0 (O .co u u 3 o � � � a o � (is5 o o 0 w ' # Y N ^ O. b0 . U V CONI Z _ o �, 0 • v o c ^ � oa Q L a. _ -o i i o = u hq u u oN / •0 ^ /y -cm a _ 1 U V Y ] 7 = K " -0 V- V• V• Y C f in 8 a 0' r x v v v J O ' Y Y — ® v x — = 3co /^� z r u g5. Y E �® ° y n k a 0 ec - . .,r o E E 0 L O N Ct Q V zQ+ � c6 c ° _ 7' v 0 d} � �e cj o u 0E RS doa � , 9ml� 1-0- ° • o � w -°v w >' .- S •O o °1 > r, u v j 5 N • m N H I E a Yam a r -ii E / .V E - c. = 7 a v .i o a '^ o o l • y' a. a. 7.11 E y r a a g ' o v +v E o a x ° o ^ ^ c of 2Z cc u° Q K COJ� o a w V u° n _ d U r✓ V' ti V ~ ccc DC#_Title: ENV-FRM411N4=0150 v05_Sample Condition Upon Receipt Ce (SCUR) "'"'e..#`S °v4" Effective Date:04/12/2022 • sample'Condition`Upon ' Client Name: Project ±Receipt IN6 WO# : 10608054 Courier: ❑Fed Ex ❑UPS ❑uses /Client PM: JDD Due Date: 05/26/22 ❑Pace ❑SpeeDee ❑Commercial See Exceptions CLIENT: WSB ❑ENV-FRM-MIN4 Tracking Number: 0142 Custody Seal on Cooler/Box Present? Dyes o Seals Intact? Dyes /o Biological Tissue Frozen? Dyes ❑No4N/A Packing Material: y ❑Bubble Wrap Bubble Baagags ❑None ❑Other: Temp Blank? 4 es ❑No Thermometer: x r1(0461) Q 12(1336) ❑T3(04 9) ❑T4(0254) ❑T5(0489)❑T6(023.5) Type of ®r�.et ❑Blue ['None ['Dry ❑Melted lL—I T7(004Z) ❑01339252/1710❑�122639816❑140792808 _ Ice: �"�7 Did Samples Originate in West Virginia?❑ves p�No Were All Container Temps Taken?Dyes ❑No' Average Corrected ❑See Exceptions Temp(no temp blank ENV-FRM-MIN4-0142 Temp should be above freezing to 6°C Cooler Temp Read w/temp blank: G. I °C only): DC 01 Container Correction Factor: II , Cooler Temp Corrected w/temp blank: G.1 DC USDA Regulated Soil: Ili I A, ater sample/Other: ) • Date/Initials of Person Examining Contents: E D 512.22 Did samples originate Ina quarantine zone within the United St tes:A . FL,GA,ID,LA. Did samples originate from a foreign source(inter ationally,including MS,NC,NM,NY,OK,OR,SC,TN,TX or VA(check maps)? IAcL.0,Jr•°12°ZZ Hawaii and Puerto Rico)? ❑Yes No If Yes to either question,fill out a Regulate ecklist ENV-FRM-MIN4-0154 and include with SCUR/COC paperw cq . Location(check one): 0 Duluth /Minneapolis 0 Virginia COMMENTS: Chain of Custody Present and Filled Out? I es ❑No 1. Chain of Custody Relinauished? IYes ❑No 2. Sampler Name and/or Signature on COC? I Y-s ❑No ❑N/A 3. Samples Arrived within Hold Time? 2 Yes ❑Rho 4. If Fecal:f<8 hrs fl>8hr,<24 hrs,❑>24 hrs Short Hold Time Analysis(<72 hr)? Dyes /rNo 5. ❑Fecal Coliform❑HPC❑Total Coliform/E toll OBOD/cBOD❑Hex Chrome , Rush Turn Around Time Requested? Oyes 6. Turbidity[Nitrate nNitrite I—jOrthophos❑Other Sufficient Volume? , es ❑No 7. . • = Correct Containers Used? s ❑No 8. -Pace Containers_Used? • yes rlNo Lontalners Intact,' / Yes IlNo. •_ Field Filtered Volume Received for Dissolved Tests? Oyes ❑No ,2 N/A 10. Is sediment visible in the dissolved container?.11Yes fNo Is sufficient information available to reconcile the 11. If no,write ID/Date/Time on Container Below: See Exception 0 samples to the COC es ❑No Matrix:[Water Soil DOH ❑Other- ENV-FRM-MIN4-0142 All containers needing acid/base preservation have Oyes ❑No �1/A 12.Sample# been checked? t All containers needing preservation are found to be in compliance with EPA recommendation? Oyes / 3❑No , A El NaOH ' ❑H SO z a ❑Zinc Acetate NO ❑H (HNO3,H2504,<2pH, NaOH>9 Sulfide,NaOH>10 Cyanide)_ . • Positive for Res. Yes See Exception❑ Exceptions:VOA,Coliform,TOC/DOC Oil and Grease, Oyes ❑No raj I� /A ENV-FRM-MIN40142 DRO/8015(water)and Dioxin/PEAS Chlorine? ❑No pH Paper Lot# Res.Chlorine 0-6 Roll 0-6 Strip 0-14 Strip Headspace in Methyl Mercury Container? Oyes ❑No /N/A ./ Extra labels present on soil VOA or WIDRO containers? Oyes ❑No "/A 13. See Exception D Headspace in VOA Vials(greater than 6mm)? Oyes ❑No , /A ENV-FRM-MIN40140 Trip Blank Present? Oyes ❑No /A 14. Trip Blank Custody Seals Present? Oyes OW N/A Pace Trip Blank Lot#(if purchased): CLIENT NOTIFICATION/RESOLUTION Field Data Required? Dyes ❑No Person Contacted: Date/Time: Comments/Resolution: // Project Manager Review: / • �' Date: 5/12/22 Note: Whenever there is a discrepancy affecting North Carolina compliance samples,a copy of this form will be sent to the North Carolina DEHNR Certifica Offi t of hold,incorrect preservative,out of temp,incorrect containers). Labeled by: frr Cam , . • Page22of22 Qualtrax ID: 52742 Page 1 of 1 El k ,,,„a„, l I 2 oil T 'il .t- ‘;—1111ftr',:_ ,— - . r i ealumb,11P4- -it , I rr-_ I1 f 44 1! 1 T o I < 4Ilitirrtelkii ti it i Octi•if 1 1 - I v got T CC 7 r 114 2 61, ♦ e 2 17: _ _♦ Tr F � I����1 '.Y. "-'I. .41. .., t. ,,,,,,, .. , ✓ r h- r ♦ - _� ► 0 ♦ irk • 1r. 6 f ` • t �® - ` • '.-:a, a rt 'I a. 'r •r- 3 _ _- / A. r. lif a Sediment Accumulation • 950 0.0 ft ,ice--�— ` � _ I. 0.0 ft - 1.0 ft -- ' _ � 1.O ft - 2.O ft c '4 lial. I 948 J 2.0 ft 3.7 ft •••• Figure 3 - Sediment Accumulation Appleil 0 150 ", Fischer Pond Survey AFeet VV 0 Valley City of Apple Valley 1 inch= 150 feet APPENDIX B BMP Concept Plans iflek 1�_ tI-' 1 .. s , \ - N _____ _ _ - i - -.. ._ \- ' k H:SCALE IN FEET aw_.wYCy. 0 5 10 c imp • V: SCALE: DESIGN BY: SCALE IN FEET OWN ZHH EXISTING 66"RCP STORM SEWER TRUNK LINE cam\ LEGEND PLAN AS HBY: CHECK BY: =--i ZHH WCA ,4 . . - PARCELS PROPOSED DIVERSION STRUCTURE `� - EXISTING CONTOUR(MAJOR) eift IE:921.77 •�- , • v.�l .e t - - _ EXISTING CONTOUR(MINOR) - :-. / " EXISTING STORM SEWER 4II t • .- _ \ �, PROPOSED STORM SEWER co z,PROPOSED 36"RCP STORM SEWER - I- ---. O d J• _ \' 1� PROPOSED UNDERGROUND Z `� INFILTRATION BASIN o G EXISTING GAS MAIN 5 W POND WVR P4334 NWL:927.8 ��:- ,' HWL:934.5 9 lipi I ,1111)4.74\•i, 4:\< 4 ,,_.; lippie ilt lir' . l N 4 .1004•N SVi _L' .,, - ram. Y ‘001 Cr) . . 44,4„,, . ..„ ,,,,,r de ' • Q m�4 PROPOSED 4 UNDERGROUND INFILTRATION CHAMBER . '- _ POND VVVR P4336 4 •• i [t �- o ~a NWL:930.4 v • ��\•`-n. r 4 �- •► ` Elm - HWL:934.7 ,. me 'rot, Jreir \�� .. _ -- REGATTA PARK • i. INFILTRATION - 40, r BASIN ������• POND WVR P4333 77_ - • yw. \ •^` A• �. y,`\.. HWL:934.5 , , - gib • • .� POND WVR P4335 ZV% �(� V �' - NWL:927.8 � 7 4_..._ . .���\ _l a, x . HWL:934.7 x - . ...- . 4111% \ / . 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III IIII IIII IIII IIII II II II II II II II II II II II II II II II II II II II II II II II II II II -11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11i 1 II=11 1=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=II=11=11 1 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11=11- A11 11 11 1111 11 1111 1111 1111 1111 1111 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11.-11=11 11 11 11 11 1111 1111 1111 1111 1111 1111 1111 11 11 11 11 [1 11 II 11 1 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 II 11 11 -11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-II-11- 11-11-11-11- 11-11-11 11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11 I-11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11 . 11=11=11=11=1141=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11. . 11=11=11=11=11=11=11=11=11=11=11=11=11 [ 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 1. . 11 11 11 11 11 11 1111 11 1111 1111 1111 11 11 11 11 11 11 11 11 11 11 11 11 11 1.II II II II II II II II II II II II II 1 II II II4I=II II II II=I=II=111=I1 I1=41 -11-11-11-11-11-11-11-11-11-11-II-11-11 H=11-H=11-H=11-H=11-H=11-H=11-H=11-H=11-H=11-H=11-H=11-H=11-H=11-11- =H=11-H=11-H=11- 11-H=11-H=11-H=11- . 111F11I1=11I-I1 I II I II I II I II I II I II I II I II I II I II I II I II I 1-11-1-11-1-11-1-11-1-11-1-11-1-11-11-11-11-11-11-11-11-1-11-1-11-1-II-11= I-1-11-1-11-I-11�1-11-1-11-I-11 1-11 ,11-11-1-11-1-11-1-11-1-11-1-11-1-11-1-11-1-11-1-11-1-11-1-11-1-11-I-11=1 -1-11-1-11-1-11-1-11-1-11-1-11-1-II-1 1-11-I-11' -1-11-1-11-1-11- 11-1-11-111 1-II-11-11-1-11-1-11-1-11-1-11-1-11-1-11-1-11-1-11-1-11-1-11-1-11-1-11-1-11.11 11 11 11 II 11 1111 1111 1111 1111 'N'• !. 1�11 11 11 11 11 11 11 11 11 11 11 - ;1 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 II 11 11 11 11 11 11 11 11 11 11 REGATTA PARK -u-n-u-n-u-n-u-n-u-n-u- - -=11 . .. =.�_ = -..a -u-n-u-n- - - -n-u-n_u=1! -n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u- u ii=i1 -uu1-11- . .: u-n-u-=11=H-u-n-a-n-11 1ununununununununununununun u=11=11==11=11==11=11==11=11==11=11==11=11==11=11==11=11=a=n=u=N- �` A =u=n=u=11 =u=n=a=n=u= :n=u=n=u=n=u=n=u=n=u=n=u=n=u=n=u=n=u=n=u=n=u=n=u=n=u=n=11=n IL IL IL IL IL IL IL IL IL IL IL 11 11 11=11=n. ;i .1=11 11 11=1 11 11 11=! 11 11 11 11 11 11 11 11 11 11 11 11 11 11 INFILTRATION -1i=i1-1i=i1-1i=i1-1i=i1-1i=i1-1i=i1-1i=i1-1i=i1-1i=i1-1i=i1-1i=i1-1i=ii-1i=ii-11-11- "" f -1-1 -ii=ii-1i=ii-1i=ii-1i=ii-1i=ii-11 1i=ii-1i=ii-1i=ii-1i=ii-1i=ii-1i=ii-1i=ii-1i=ii-1i=ii-1i=ii-1i=ii-1i=ii-1i=ii-1i=ii-1i 11=11=11=11=11=11=11=11=11=11=11=11=11=11=1=11=1=11=1=11=11=11=11=11=11=11=11=11=II=11.' .: =11=11=11=11=11=11=11=11=II=11= =11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=II=11=11 11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=I I � ===1 =11=11=11=11=11=11=11=11=II=11 ii ii ii ii ii ii ii ii ii ii ii ii ii ii 1 BASIN CROSS u-n-u-n-u-n-u-n-u-n-u-n-u-u-n-u-n-u-n-u-n-u-n-u-n-u-n-a-n- - -u-n-u-n-u-n-u-n-u-= =i=i-i=i-i=i-i=i-i=i-i=i-i=i-i=i-i=i-i=i-i=i-i=i-i=i-i=i- -u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n11 1 -u-n-u-n-u-n-u-n-a-n-u- n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n IL IL IL IL IL IL IL IL IL IL IL IL IL IL I IL I IL I IL 11 11 11-11-11-11-11-II-II-11 1 -I-11- -11-11-11-1-11-1-11-11-IL .-1 -1-1- - 1- 1- 1- 1- 1- 1- 1- 1- 1- 1- 1- - -1SECTIONu-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-1 _ _� _I -u-n-u-n-u-n-1_n_._ _ _ u nununuununununununu ununu nii=iiu ;nununununununununununununun 11=i1=1i-11=i1=1i-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11 11-11-11-11-11-l.ii=i1-11-11-II-11- -11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-i1=1i 11=11=11=11=11=11=11=11=11 I I l I 11 11 11 11 11 1 =11=11=II=I11=11=11=1=11= -;1=11 11=11=11=1=11=1=11=1=11=1=11=1=11=1=11=1=11=1=11=1=11=1=11=1=11=1=11=1=II=1=11 11=11=11=11=11=11=11=11=11. 11-11-11-11-II-11. =11=11=11II=11=11=11=11=11=;1=11=11=1 ... -11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11. 111111111111111111 I. .... 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II. .II. .II. .II. .II. .II. .II. .II. .II. .II. .III. .II. .II. .II. .II. .II. .II. .II. .II. .II .II. .II. .II. .II. .II. .II. .II. .II. .II. .II. .II. .II. .II. .II. .II. .II. .II. .II. .II. .II. .II. .II. .IIII IiIi 11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11.=.u=11. - - - - - - - - - - - -1. . - - - - . - - - - - - - - - - - - -11- - - - - - - - - - - - - - - - -II 11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11-11-1 ..11r . 11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=1L -I= =1= =1= =1= =1= =1= =1 . = =1= =1- -1- -1- -1- -1- -1- -1- . - - - - - - - - - - - - - - - - - - - - - - - - - - 1111111111141111�111111111111 � _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ u=ii=ii =ii=ii =ii=ii =ii=ii =ii=ii =ii=ii =ii=ii =ii=ii -u1 u-a-n-u-n i=ii=i =ii=ii =ii=i u-n-l-n-u=ii=ii -u-n-u-n-u-n-u-n-u-n.i i 1 ii ii 1 ii ii 1 ii ii 1 ii ii 1 ii ii 1 ii ii 1 ii ii 1 ii ii 1 ii u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n. -u-n-u-n-u-n-l-n-u-n-u-n-lKn-n-u-n-u l-u-n-u-n-u-n-u-n-u-n-u-n-ununununununununun. u-n-u-n-u-n-u-n-u-n-u-n-u-u-n-u-n-u-n-u-n-u-n-u-n-u-1 u-u-n-u-n-u-n-u-n-u-n-u-n-u-n- n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u - - - - - - - - - - - - - - - - - - - - - - - - - - 11=ii .i=ii n.i=ii n.1 1=n i=ii n.i=ii n.=.1 ii=iiu.i=ii a ii=ii n.i=ii n.i=ii n.i=ii n.i=ii n.i=ii n.i=ii n.i=ii n.i=ii n.i=ii n.i=ii n.i=ii.n.i=ii n.i=ii n.i=ii n. �.I,I,I,I,I,I,I,I,I,I,I,I,I,I,I,I,I,I,I,I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - o 11=dY=11=11=11=11=11=11=11=11=11=11=11=11=f1=11=f1=11=f1=11=f1= -n-n-n-l-n-n-n-n-1-n-1 .n. 1-11=.n-n-11-11-11-11-11-11-11 .11-11-11-11-11-11-11-1�11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11 11111111111111111111111111111111111111111111111111111111111, 1111111111-I. =1 .I. . 11 . 11 ., . -n-ii- -' -1L-, - . -n-ii- -ip 1. .11. .11-11-11-11-11-11-II-11-1 -11-11-11-11-I11-11-11-11-11 1-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-II-11. 11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-II-11-11-11-111-11-11-11-II-111 .1-1 .11-11-11-11-11-II-11-II-11-II-11-11-11-11-11-II-11-I1-1Ir-11-11-11i-11-11-11-11-11-11- .11-11-11-11-11-11-11-111-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-II-11-11 -11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-.1-11-11-11-11-11,1-11F-11-11-11-11-IL,11-11-11-11-11-11-IL•,11-11-11-11-11-11-.1-11-11-11-11-11-11-11-11-11-1 -11-11-11-11-111-11-11-11-111-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-II-11-11. IL i=ii IL i=ii IL i=ii IL i=ii IL i=ii IL i=ii IL i=ii IL i=ii IL i=ii IL i=ii IL i=ii IL i=ii IL i=ii IL i=ii IL i=ii 11.i=ii11 i=ii11 1 .11-=1 .11 i=ii11 i=ii11 i=ii 11.i=ii11 i=ii11 i=iiI.i=ii11 i=ii11 i=ii11 1=ii11=ii=ii=ii 1 i=ii11 i=ii11=11=. -11 i=ii11 i=ii11=11 i=ii=ii=ii11 i=ii11 i=ii11 i=ii11 i=ii11 i=ii11 i=ii11 i=ii11 i=ii11 i=ii11 i=ii11 i=ii11 i=ii11 i=ii11 i=ii11 i=ii11 i=ii.11 V) =u=n=u=n=u=n=u=n=u=n=u=n=u=n=u=n=u=n=u=n=u=n=u=n=u=n=u=n=u iimil=_n_u_n_u 1=.a 1=a_n_a_n_u=n_a_n_a_n_a_=p a_n_a_n_a_n_.a i=ll a_.n=u_n_a_n_a_n_=ii=ll _n_a_nl=ii=_n_.a_n_ul1=a_n_a_n_a_n_a_n_a_n_a_n_a_n_a_n_a_n_a_n_a_n_a_n_a_n_a_n_a_n. u=ii=ii =ii=ii =ii=ii =ii=ii =ii=ii =ii=ii =ii=ii =ii=ii =ii=ii =n-u=:n-u-n-u-n-1 =ii =ii=ii -u-n1nununu1ununun. .un1 . -u-n-u-n-u-n- -n-u-n-u-n-u-n-1 n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u -11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-IL = .= IL IL IL IL II 1-,Y1 1-11-11-11-11- 11=1111-11-11-11-11-11:-11-11-11-11-11-11-.11111 1111111111. =ii 1-11-11-11-11-1 11-11-11-11-11 1-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11. co 1111111111111111111111111111111111111111111111111111II11111U1111111111 1 ii .111111111111111111111111111111111111 1=ii ii . 111111111111.- .111111111111111�11111111111111111111111111111111111111111111111111111111111111111111 fn unununununununununununununuii=ii= . ununu. 1 =u 1ununu=,nununun- ununun ,lnu ununun 1ununl nnunu lununununununununununununununun. a) 11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-;11-11-11-11=11=11 111 .11-11-11-11-11-1-11-11-11-11-11-11-11-11-11-11-11-11-11-;11-11-1 . -11-11-11-11-11-11- -11-11-11-11-11-11-11-1=11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11 -11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-111.Z=T=1111-11-11-11. ..1:=AF1111-11-11-11-,11-v11-11-11-11-11-a--=11 1,11-11-11-11l.-1. 111 11-11-11-II-11-11- 1-11-11-11-11-1 11-11-11-11-11 1-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-II-11-11. 11111111111111111111111111111111111111II111111111111111111. ... .1. 111111=11 ..I . .1111111111=1.--111111111111.?11.-,1111111111 .;=II111 . 111111111111.- .111111111111111 .1111 11=11111111111111111111111111111111111111111111111111111111111111 11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=;:-11=11=11=11=II -11 1=11=11=11=11=11-=11=1111=11=11=11=11-'d=11=11=11=11=11= 11=11 11=11=11=11=11=11= =1=11=11=11=11=111=11 =11=11 1=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11=11. 11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11=11-11-11-11-11-1 =11 .11-11-11-11-11-11-11-11-11-11-11-11-1Y-11-11-11-11-11-11=11-11-1 . -11-11-11-11-11-11- -11-11-11-11-11-II-11-1 .11-11- 11=1111-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-I1-11-11-11-11-11-11-11-11-11-11 u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u1-u1-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-uu-n-u-n-u-n- 1-u-nn-ln-n -n-ul-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n. u co =ii=ii =ii=ii =ii=ii =ii=ii =ii=ii =ii=ii =ii=ii =ii=ii =ii=ii =ii=ii =ii=ii n1 =ii n=ii=ii =ii=ii =ii=ii =ii=ii =ii=ii =ii=ii =ii=i1 . ununun =ii=ii a i=i ii 1 nununununununununununununununununu L 11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11 -11 -11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-II-11 11-11-11-11-II-11- 1-11-1111-IKII-11 -11-111-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-II-11. 11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-1 .11-1 .11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-II-11-11-11=ii=i 1-11-11-11-11-11- .11-11-11-11-11-II-11-1 .11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-II-11-11 u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u1-u1-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n- 1-u-nrn-ln-n -n-ul-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n .� u.i=ii u.i=ii u.i=ii u.i=ii u.i=ii u.i=ii u.i=ii n.i=ii n.i=ii n.i=ii n.i=ii n.i=ii n.i=ii n.i=ii n.i=ii n.i=ii n.i=ii n.= n= =ii=i=ii u.i=ii u.i=ii u.i=ii u.i=ii u.i=ii u.i=ii u.i=ii u.i=ii u.i=ii a ii=ii n.i=ii n.i=ii n=. .i=ii u.=.n.=.u.=.n.=.u.i=ii 1 =ii=i=ii u.i=ii u.i=ii u.i=ii u.i=ii u.i=ii u.i=ii u.i=ii u.i=ii u.i=ii u.i=ii u.i=ii u.i=ii u.i=ii u.i=ii u.i=ii u u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u1u1un-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-un -1-u-non-lnninul-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-un. u=11=11 =11=11 =11=11 =11=11 =11=11 =11=11 =11=11 =11=11 =11=11 =11=11 =11=11 -n-1 =11 =11=11 =11=11 =11=11 =11=11 =11=11 =11=11 =11=11 -aa-n-u-n 11=11= =11=11 -u-n-u-n-1 =11=11 -u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u1-u1-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n- -1-u-nn-ln-nil-n-ul-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n. u-n-u-n-u-n-u-n-u-n-u-n-u-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-1-n-1-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u�-u-n-u-n-u-n- -n-u-n-u-n-u-n-1. .n-u-l-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u-n-u a) C.) J H 2 co w w ri WSB PROJECT NO. 018997-000 SHEET , 2 OF 2 PROJECT SUMMARY CALCULATION DETAILS •LOADING=HS20/HS25 •APPROX.LINEAR FOOTAGE=5,168 LF STORAGE SUMMARY •STORAGE VOLUME REQUIRED=N/A •PIPE STORAGE VOLUME=64,943 CF •BACKFILL STORAGE VOLUME=23,559 CF •TOTAL STORAGE PROVIDED=88,502 CF PIPE DETAILS •DIAMETER=48" •CORRUGATION=2 2/3x1/2 •GAGE=16 •COATING=ALT2 •WALL TYPE=PERFORATED •BARREL SPACING=24" BACKFILL DETAILS •WIDTH AT ENDS=12" •ABOVE PIPE=0" •WIDTH AT SIDES=12" •BELOW PIPE=0" 858'-0" 1 m .-- III III III III III III III III III 1 u/ IIII I I� II /III II II II II II II II II II II II II II II II II I III A 0 v co NOTES •ALL RISER AND STUB DIMENSIONS ARE TO CENTERLINE.ALL ELEVATIONS,DIMENSIONS,AND LOCATIONS OF RISERS AND INLETS,SHALL BE VERIFIED BY THE ENGINEER OF RECORD PRIOR TO RELEASING FOR FABRICATION. •ALL FITTINGS AND REINFORCEMENT COMPLY WITH ASTM A998. •ALL RISERS AND STUBS ARE 22"x-2"CORRUGATION AND 16 GAGE UNLESS OTHERWISE NOTED. •RISERS TO BE FIELD TRIMMED TO GRADE. •QUANTITY OF PIPE SHOWN DOES NOT PROVIDE PRELIMINARY EXTRA PIPE FOR CONNECTING THE SYSTEM TO EXISTING PIPE OR DRAINAGE STRUCTURES.OUR DATE: 07/31/2023 SYSTEM AS DETAILED PROVIDES NOMINAL INLET AND/OR OUTLET PIPE STUB FOR CONNECTION TO EXISTING DRAINAGE FACILITIES. IF ADDITIONAL PIPE IS NEEDED IT IS THE RESPONSIBILITY OF THE \ /� /C Ic CONTRACTOR. V V J •BAND TYPE TO BE DETERMINED UPON FINAL DESIGN. These figures are preliminary and are subject to change.No •THE PROJECT SUMMARY IS REFLECTIVE OF THE responsibility is assumed for plans developed based on these figures. DYODS DESIGN,QUANTITIES ARE APPROX.AND SHOULD BE VERIFIED UPON FINAL DESIGN AND m APPROVAL.FOR EXAMPLE,TOTAL EXCAVATION DOES NOT CONSIDER ALL VARIABLES SUCH AS SHORING AND ONLY ACCOUNTS FOR MATERIAL WITHIN THE ESTIMATED EXCAVATION FOOTPRINT. •THESE DRAWINGS ARE FOR CONCEPTUAL PURPOSES :al AND DATIONS.PLEASE CONTACTO NOT REFLECT ANY PREFERENCESCAL OR YOUR LOCAL 3 REG ASSEMBLY q CONTECH REP FOR MODIFICATIONS. SCALE: 1"=80' > RI The design and information shown on this drawing is provided PROJECT No.: SEQ.No.: DATE: Uas a service to the project owner,engineer and contractor by FConlech Engineered Solutions LLC("Conlech").Neitherthis A,I%\ITCAIJ DYO28311 Regatta Park 18947 28311 3/8/2023 drawing,nor any part thereof,way be used,reproduced on C N T E CII - '" - r.-- modltied in any manner without the prior written consent of ���.�\` `�rl, DESIGNED: DRAWN: Conlech.xprlureyocompty isnyliiztty or responsibility ENGINEERED SOLUTIONS LLC CMP DETENTION SYSTEMS infiltration basin Conlech expressly disclaims any liability or responsibility for DYO DYO W such use hwww.ContechES.com Minneapolis, MN CHECKEDYO APPROVED: IT discrepancies between the supplied Information upon which CONTECH O the drawing is ogre andGeld conditionseare encountered 9025 Centre Pointe Dr.,Suite 400, West Chester,OH 45069 DYODS DETENTION SYSTEM SHEET NO.: R a site work progresses,sed these actual field conies must be renported countered W to Contech immediately for re-evaluation of the design.Conlech 800-338-1122 513-645-7000 513-645-7993 FAX DRAWING .. cceptsno liability for designs based on missing,incomplete or DATE REVISION DESCRIPTION BY ` ' inaccurate information supplied by others. 0 =-----=- -- -- =- =--== =--==========------ Infiltration Systems-CMP Infiltration&CMP Perforated Drainage Pipe 0 Material Location Description Material Designation f--"- Q O� — O� O� O� O� O� O� O� O Designation I I :nor � .� 8 (if ap li ableible Pavement Cor � O O O O O O O O O ; � (if applicable)O O O O O O O O O O O•.� n Road Base(if applicable �O O O O O O O O O O O O O O O O016 O O O O O O •.•._•�•� •.� Geotextile Layer Non-Woven Geotextile CONTECH C-40 Engineer Decision for consideration to prevent soil or C-45 migration into varying soil types.Wrapthe trench only. _ - O O O OI �_ O O O O A 9 rY 9 YP Q - •.• •.j Backfill Infiltration pipe systems have AASHTO M 145- Material shall be worked into the pipe haunches by �O�O O � 0 a pipe perforation sized of A-1 or AASHTO means of shovel-slicing,rodding,air-tamper,vibratory FRONT ,*ID �•.�• Itp •.� c/) 3/8"diameter.An open M 43-3,4 rod,or other effective methods. Compaction of all -y _ W graded,free draining stone, placed fill material is necessary and shall be NOTE: C O with a particle size of%"-2 considered adequate when no further yielding of the �� ¢ 6 MANWAY DETAIL APPLICABLE FOR CMP ed j• 40 CMP `o •. 'A"diameter is recommended. material is observed under the compactor,or under O • * foot,and the Project Engineer or his representative is SYSTEMS WITH DIAMETERS 48"AND ,.•. •.a' satisfied with the level of compaction" PLAN LARGER.MANWAYS MAY BE REQUIRED Bedding Stone Well graded granular bedding AASHTO M43- For soil aggregates larger than 3/8"a dedicated ON SMALLER SYSTEMS DEPENDING ON � ie �' �O� material w/maximum particle 3,357,4,467,5, bedding layer is not required for CMP.Pipe may be ACTUAL SITE SPECIFIC CONDITIONS. ,waba,� HAUNCH ZONE • , size of 3" 56,57 placed on the trench bottom comprised of native TYPICAL MANWAY DETAIL O OI♦ suitable well graded&granular material.For Arch SPwi �.�. pipes it is recommended to be shaped to a relatively SCALE: N.T.S. _ �3 RISER(TYP.) O�; �` ' - , flat bottom or fine-grade the foundation to a slight ( ) �� v-shape.Soil aggregates less than 3/8"and unsuitable SEE DETAIL • /!.�.i el.,.O __ OI♦O� material should be over-excavated and re-placed with Lh1111111111111111, Or a ateri layer of gnwell graded&granular stone per the material designation. aitikeii Sites • Geotextile Layer None None Contech does not recommend geotextiles be placed © q> under the invert of Infilitration systems due to the propensity for geotextiles to clog over time. // � /V/V/� �/V/V/V/ � /V�/V�/V�/ �/V�/V�/V�/ �/V�/V� 2 i VAS V V� /\/\/ �� � �" A V V����������� ����/ * Note:The listed AASHTO designations are for gradation only. The stone must also be angular and clean. 1 INITIAL FILL ENVELOPE -- ti 2 2/3"x 1/2" 0 0 0 0 Qf 0ci CORRUGATION-STEEL o 0 0 0 0 0 07 0 0 0 AND ALUMINUM CMP �' C7 MINIMUM WIDTH DEPENDS ON SITE CONDITIONS AND ENGINEERING JUDGEMENT. EDGE SPACING EQUAL o ,0 0 / 0 0 FOUNDATION/BEDDING PREPARATION ON BOTH SIDES �12.8" COIL WIDTH ELEVATION END y PRIOR TO PLACING THE BEDDING,THE FOUNDATION MUST BE CONSTRUCTED TO OPEN AREA=3.76 SQ IN/SQ FT NOTE: A UNIFORM AND STABLE GRADE. IN THE EVENT THAT UNSUITABLE FOUNDATION TYPICAL RISER DETAIL LADDERS ARE OPTIONAL AND ARE NOT MATERIALS ARE ENCOUNTERED DURING EXCAVATION,THEY SHALL BE REMOVED REQUIRED FOR ALL SYSTEMS. AND BROUGHT BACK TO THE GRADE WITH A FILL MATERIAL AS APPROVED BY SCALE: N.T.S. THE ENGINEER. 20 MIL HDPE MEMBRANE 3"x 1"CORRUGATION- i 1, t LINER OVER TOP OF PIPE cHAUNCH ZONE MATERIAL SHALL BE PLACED AND UNIFORMLY COMPACTED WITHOUT STEEL AND ALUMINUM o1 0 0 0 0 0 0 0 ger /0 0 o 0 0 (IF REQUIRED) SOFT SPOTS. CMP o 0 (COIL PROVIDED FROM csi J I I I I I I I I I I BACKFILL CONTECH LANTANA,FL o 0 0 0 0 0 0 0 • • ••••�� • •••� ��� LIMITS OF MATERIAL SHALL BE PLACED IN 8"-10"MAXIMUM LIFTS.INADEQUATE COMPACTION CAN PLANT) 3.55e�� • + • REQUIRED LEAD TO EXCESSIVE DEFLECTIONS WITHIN THE SYSTEM AND SETTLEMENT OF THE y GUIL WIDTH /•�� � ��� ��� '�4I�C BACKFILL SOILS OVER THE SYSTEM. BACKFILL SHALL BE PLACED SUCH THAT THERE IS NO MORE OPEN AREA=4.16 SQ IN/SQ FT D.o �O0 ,�o�_ .O THAN ATWO-LIFT DIFFERENTIAL BETWEEN THE SIDES OF ANY PIPE IN THE SYSTEM AT ��� ,� i SYSTEM �/�' is.0 ALL TIMES DURING THE BACKFILL PROCESS. BACKFILL SHALL BE ADVANCED ALONG �• ram, DIAMETER/ VARIES ,r0 VARIES THE LENGTH OF THE SYSTEM AT THE SAME RATE TO AVOID DIFFERENTIAL LOADING 5"x 1"CORRUGATION-STEEL ONLY . 1.O-1 �-. �.� ON ANY PIPES IN THE SYSTEM. EDGE SPACING EQUAL ON BOTH SIDES U o O �O� O�� ��Oo EQUIPMENT USED TO PLACE AND COMPACT THE BACKFILL SHALL BE OF A SIZE AND 1, EQUIPMENT 0 0 0 0 0 0 0 0 0 0 �• •.• .•.•`_ C TYPE SO AS NOT TO DISTORT,DAMAGE,OR DISPLACE THE PIPE. ATTENTION MUST r-: 0 . 0 00 0 0 0 0 0 0 BEGIVEN TO PROVIDING ADEQUATE MINIMUM COVER FOR SUCH EQUIPMENT. `-1/ 0 0 0 0 0 0 0 0 0 0 ,4.-.4.-.0,��,��,��,��,��,��,��,,,_,,,_,,,_,,,_,,,_,,,_,,,_,,,_,,,_,,,_,��,��,��,��,��,��,��- MAINTAIN BALANCED LOADING ON ALL PIPES IN THE SYSTEM DURING ALL 1, SUCH OPERATIONS. 9@2.711"=24.399" 2.711" COIL WIDTH TYPICAL SECTION VIEW OTHER ALTERNATE BACKFILL MATERIAL MAY BE ALLOWED DEPENDING ON SITE SPECIFIC CONDITIONS. REFER TO TYPICAL BACKFILL DETAIL FOR MATERIAL OPEN AREA=3.33 SQ IN/SQ FT LINER OVER ROWS REQUIRED. NOTES: SCALE: N.T.S. PRELIMINARY 1. PERFORATIONS MEET AASHTO AND ASTM SPECIFICATIONS. NOTE:IF SALTING AGENTS FOR SNOW AND ICE REMOVAL ARE USED ON OR NEAR 2. PERFORATION OPEN AREA PER SQUARE FOOT OF PIPE IS BASED ON THE PROJECT,AN HDPE MEMBRANE LINER IS RECOMMENDED WITH THE SYSTEM. DATE: 07/31/2023 THE NOMINAL DIAMETER AND LENGTH OF PIPE. THE IMPERMEABLE LINER IS INTENDED TO HELP PROTECT THE SYSTEM FROM THE N 3. ALL DIMENSIONS ARE SUBJECT TO MANUFACTURING TOLERANCES. POTENTIAL ADVERSE EFFECTS THAT MAY RESULT FROM A CHANGE IN THE 4. ALL HOLES 03/8". SURROUNDING ENVIRONMENT OVER A PERIOD OF TIME.PLEASE REFER TO THE WS L- CORRUGATED METAL PIPE DETENTION DESIGN GUIDE FOR ADDITIONAL TYPICAL PERFORATION DETAIL INFORMATION. These figures are preliminary and are subject to change.No 3 L sponsibility is assumed for plans developed based on these figures. SCALE: N.T.S. p RI The design and information shown on this drawing is provided 1PROJECT No.: SEQ.No.: DATE: Uas a service to the project owner,engineer and contractor by Contech Engineered Solutions LLC i"Contech").Neither this A,I \ITCAIJ DY028311 Regatta Park 18947 28311 3/8/2023 F drawing,noany ma rt thereof,may be used,reproducer or CP1rECII® - " - �-- c. montech inanye to comply done oe at the user own dsof �����\` `�rl, DESIGNED: DRAWN: c. Contech.xpilureyocompm isnyneztty or responsibility ENGINEERED SOLUTIONS LLC CMP DETENTION SYSTEMS infiltration basin Contech expressly disclaims any liability or responsibility for DYO DYO W such use hwww.ContechES.com Minneapolis, MN CHECKEDYO APPROVED: IT discrepancies between the supplied Information upon which CONTECH O the drawing is ogres and Geld conditionseare encountered 9025 Centre Pointe Dr.,Suite 400, West Chester,OH 45069 DYODS DETENTION SYSTEM SHEET NO.: R site work progresses,these discrepancies must be encountered l,x, to Contech immediately for re-evaluation of the design.Contech 800-338-1122 513-645-7000 513-645-7993 FAX DRAWING 6 acaceptsnorabilityfordesigmshosedonmi eel mg,incomplete or DATE REVISION DESCRIPTION BY inaccurate information supplied by others. ii - - A - REINFORCING TABLE TEMPORARY COVER FOR c o ACCESS CASTING TO BE CONSTRUCTION LOADS �� cam, I PROVIDED AND INSTALLED **BEARING E 1 I BY CONTRACTOR. CMP A 0 B REINFORCING PRESSURE HEIGHT I -% RISER �� �� FINISHED OF / GRADE i (PSF) COVER 'I�IT iv IITII I u _ 24" 4 26" #5 @ 12"OCEW 2,410 - I ° ® ° a 4'X4' #5 @ 12"OCEW 1,780 ' . .. 4 uI ul Ilui 30" 4'-6" 32 #5 @ 12"OCEW 2,120 II-111 III III u lu a i i 4'-6"X 4'-6" #5 @ 12"OCEW 1,530 IIIIIIIIIIII-'11ITII + ° i i d a IiI 36" 5' 5' 38" #5 @ 10"OCEW 1,890 CONSTRUCTION LOADS GASKET MATERIAL ¢ X 5' #5 @ 10"OCEW 1,350 SUFFICIENT TO PREVENT a� SLAB FROM BEARING ON UM - W 42„ 0 5'6"5'6" 44" #5 @ 10"OCEW 1,720 FOR TEMPORARY CONSTRUCTION VEHICLE LOADS,AN EXTRAAMOUNT OF COMPACTED COVER MAY BE REQUIRED OVER RISER TO BE PROVIDED BY a-a X 5'-6" #5 @ 9"OCEW 1,210 THE TOP OF THE PIPE. THE HEIGHT-OF-COVER SHALL MEET THE MINIMUM REQUIREMENTS SHOWN IN THE TABLE BELOW. CONTRACTOR. 0B 11"TYP. a fn THE USE OF HEAVY CONSTRUCTION EQUIPMENT NECESSITATES GREATER PROTECTION FOR THE PIPE THAN FINISHED C7 48" 0 6' 6' 50„ #5 @ 9"OCEW 1,600 GRADE COVER MINIMUMS FOR NORMAL HIGHWAY TRAFFIC. - X 6' #5 @ 8"OCEW 1,100 SECTION VIEW PIPE SPAN, AXLE LOADS (kips) **ASSUMED SOIL BEARING CAPACITY INCHES 18-50 50-75 75-110 110-150 MINIMUM COVER(FT) 00 / 0A A 12-42 2.0 2.5 3.0 3.0 "q`p 06 48-72 3.0 3.0 3.5 4.0 #4 DIAGONAL TRIM DIAGONAL TRIM ' BAR(TYP.4 PLACES), 78-120 3.0 3.5 4.0 4.0 BAR(TYP.4 PLACES), �Il" SEE NOTE 7. 126-144 3.5 4.0 4.5 4.5 SEE NOTE 7. IP W I irjogri.---- --...reNVil 2"COVER `MINIMUM COVER MAY VARY,DEPENDING ON LOCAL CONDITIONS. THE CONTRACTOR MUST PROVIDE THE ADDITIONAL (TYP) PPP COVER REQUIRED TO AVOID DAMAGE TO THE PIPE. MINIMUM COVER IS MEASURED FROM THE TOP OF THE PIPE TO THE TOP OF THE MAINTAINED CONSTRUCTION ROADWAY SURFACE. Pr 11 LCONSTRUCTION LOADING DIAGRAMSCALE: N.T.S. OPENING INlik '/ PROTECTION Ai SPECIFICATION FOR DESIGNED DETENTION SYSTEM: SLAow B FOR OPENING IN CASTING PROTECTION o��� ro SLAB FOR Ail 1 SCOPE PIPE ' 44E1�-� CASTING THIS SPECIFICATION COVERS THE MANUFACTURE AND INSTALLATION OF THE PIPE SHALL BE MANUFACTURED IN ACCORDANCE TO THE APPLICABLE THE DESIGNED DETENTION SYSTEM DETAILED IN THE PROJECT PLANS. REQUIREMENTS LISTED BELOW: .=1 INTERRUPTED BAR 40111,- 4116: MATERIAL ALUMINIZED TYPE 2: AASHTO M-36 OR ASTM A-760 THE MATERIAL SHALL CONFORM TO THE APPLICABLE REQUIREMENTS REPLACEMENT,SEE LISTED BELOW: GALVANIZED: AASHTO M-36 OR ASTM A-760 NOTE 6. , STANDARD STANDARD INTERRUPTED BAR ALUMINIZED TYPE 2 STEEL COILS SHALL CONFORM TO THE ARFOLTA�fgCOATED: AASHTO M-245 OR ASTM A-762 'Ilk STANDARD REINFORCING, 0B REQUIREMENTS OF AASHTO M-274 OR ASTM A-92. SEE TABLE SEE TABLE REPLACEMENT, ALUMINUM: AASHTO M-196 OR ASTM B-745 SEE NOTE 6. THEQ REQUIRZED EMENTS ASHEL OILS SHALL 218OR ASTM 9.T APPLICABLE ROUND OPTION PLAN VIEW SQUARE OPTION PLAN VIEW REQUIREMENTS OF AASHTO M-218 OR ASTM A-929. HANDLING AND ASSEMBLY _ SHALL BE IN ACCORDANCE WITH NCSP'S(NATIONAL CORRUGATED STEEL THE POLYMER COATED STEEL COILS SHALL CONFORM TO THE AFiRP ABBDCIATION)FOR ALUMINIZED TYPE 2,GALVANIZED OR POLYMER NOTES: REQUIREMENTS OF AASHTO M-246 OR ASTM A-742. COATED STEEL. SHALL BE IN ACCORDANCE WITH THE MANUFACTURER'S RECOMMENDATIONS FOR ALUMINUM PIPE. 1. DESIGN IN ACCORDANCE WITH AASHTO,17th EDITION. 7. TRIM OPENING WITH DIAGONAL#4 BARS,EXTEND THE ALUMINUM COILS SHALL CONFORM TO THE APPLICABLE REQUIREMENTS BARS A MINIMUM OF 12"BEYOND OPENING,BEND OF AASHTO M-197 OR ASTM B-744. INSTALLATION 2. DESIGN LOAD HS25. BARS AS REQUIRED TO MAINTAIN BAR COVER. SHALL BE IN ACCORDANCE WITH AASHTO STANDARD SPECIFICATIONS FOR CONSTRUCTION LOADS HIGHWAY BRIDGES,SECTION 26,DIVISION II DIVISION II OR ASTM A-798(FOR 3. EARTH COVER=1'MAX. 8. PROTECTION SLAB AND ALL MATERIALS TO BE CONSTRUCTION LOADS MAY BE HIGHER THAN FINAL LOADS.FOLLOW THE ALUMINIZED TYPE 2,GALVANIZED OR POLYMER COATED STEEL)OR ASTM PROVIDED AND INSTALLED BY CONTRACTOR. MANUFACTURER'S OR NCSPA GUIDELINES. B-788(FOR ALUMINUM PIPE)AND IN CONFORMANCE WITH THE PROJECT 4. CONCRETE STRENGTH=3,500 psi m PLANS AND SPECIFICATIONS.IF THERE ARE ANY INCONSISTENCIES OR 9. DETAIL DESIGN BY DELTA ENGINEERING,BINGHAMTON,NY. CONFLICTS THE CONTRACTOR SHOULD DISCUSS AND RESOLVE WITH THE 5. REINFORCING STEEL=ASTM A615,GRADE 60. SITE ENGINEER. R NOTE: 6. PROVIDE ADDITIONAL REINFORCING AROUND MANHOLE CAP DETAIL THESE DRAWINGS ARE FOR CONCEPTUAL IT IS ALWAYS THE RESPONSIBILITY OF THE CONTRACTOR TO FOLLOW OSHA OPENINGS EQUAL TO THE BARS INTERRUPTED, a PURPOSES AND DO NOT REFLECT ANY LOCAL GUIDELINES FOR SAFE PRACTICES. HALF EACH SIDE. ADDITIONAL BARS TO BE IN SCALE: N.T.S. f, PREFERENCES OR REGULATIONS.PLEASE THE SAME PLANE. o CONTACT YOUR LOCAL CONTECH REP FOR PRELIMINARY IIIII >I MODIFICATIONS. EL The design and information shown on this drawing is provided 07/31/2023PROJECT No.: SEQ.No.: DATE: Uas a service to the project owner,engineer and contractor by .nlech EngineeredSolutions LLC Cu°se ch').Neitherthis DATE: - Ok %LlTCAIJ DY028311 Regatta Park 18947 28311 3/8/2023 Hdrawing,nor any part thereof,nay ba ssed,reproduced or C ' MTECH® - '" - 1-- modified in any manner without me priorwritlen consent of ���.�\` `�rl, DESIGNED: DRAWN: m Coontech.xpiresyoc.mpmisnyliizttyorresronsinnskor _ ENGINEERED SOLUTIONS LLC CMP DETENTION SYSTEMS infiltration basin C tech expressly disclaims any liability responsibility for DYO DYO W such use. A \ /` /C www.ContechES.com Minneapolis, MN CHECKEDD:: APPROVED:DYO P If discrepancies between the supplied information upon which V \Y/ J CONTECH the drawing is based and actual field conditions are encountered 9025 Centre Pointe Dr.,Suite 400, West Chester,OH 45069 DYODS a as site work progresses,these discrepancies must be reported These figures are preliminary and are subject to change.No DETENTION SYSTEM SHEET NO.: W to Contech immediately for re-evaluation of the design.Contech p ry ) 9 - 800-338-1122 513-645-7000 513-645-7993 FAX DRAWING Ct acacepts no liability for designs based on missing,incomplete or DATE responsibility is assumed for plans developed based on these figures. xurate information supplied by.mere. 1 CMP DETENTION SYSTEM INSPECTION AND CMP DETENTION INSTALLATION GUIDE IN-SITU TRENCH WALL MAINTENANCE WHEN FLOWABLE FILL IS USED,YOU MUST PREVENT PIPE FLOATATION. PROPER INSTALLATION OF A FLEXIBLE UNDERGROUND DETENTION SYSTEM IF EXCAVATION IS REQUIRED,THE TRENCH WALL NEEDS TO BE CAPABLE OF TYPICALLY,SMALL LIFTS ARE PLACED BETWEEN THE PIPES AND THEN UNDERGROUND STORMWATER DETENTION AND INFILTRATION SYSTEMS MUST WILL ENSURE LONG-TERM PERFORMANCE.THE CONFIGURATION OF THESE SUPPORTING THE LOAD THAT THE PIPE SHEDS AS THE SYSTEM IS LOADED. IF ALLOWED TO SET-UP PRIOR TO THE PLACEMENT OF THE NEXT LIFT. THE BE INSPECTED AND MAINTAINED AT REGULAR INTERVALS FOR PURPOSES OF SYSTEMS OFTEN REQUIRES SPECIAL CONSTRUCTION PRACTICES THAT SOILS ARE NOT CAPABLE OF SUPPORTING THESE LOADS,THE PIPE CAN DEFLECT. ALLOWABLE THICKNESS OF THE CLSM LIFT IS A FUNCTION OF A PROPER PERFORMANCE AND LONGEVITY. DIFFER FROM CONVENTIONAL FLEXIBLE PIPE CONSTRUCTION.CONTECH PERFORM A SIMPLE SOIL PRESSURE CHECK USING THE APPLIED LOADS TO BALANCE BETWEEN THE UPLIFT FORCE OF THE CLSM,THE OPPOSING WEIGHT OF THE PIPE,AND THE EFFECT OF OTHER RESTRAINING INSPECTION ENGINEERED SOLUTIONS STRONGLY SUGGESTS SCHEDULING A DETERMINE THE LIMITS OF EXCAVATION BEYOND THE SPRING LINE OF THE MEASURES. THE PIPE CAN CARRY LIMITED FLUID PRESSURE WITHOUT PRE-CONSTRUCTION MEETING WITH YOUR LOCAL SALES ENGINEER TO OUTER MOST PIPES. PIPE DISTORTION OR DISPLACEMENT,WHICH ALSO AFFECTS THE CLSM INSPECTION IS THE KEY TO EFFECTIVE MAINTENANCE OF CMP DETENTION DETERMINE IF ADDITIONAL MEASURES,NOT COVERED IN THIS GUIDE,ARE LIFT THICKNESS.YOUR LOCAL CONTECH SALES ENGINEER CAN HELP SYSTEMS AND IS EASILY PERFORMED.CONTECH RECOMMENDS ONGOING, IN MOST CASES THE REQUIREMENTS FOR A SAFE WORK ENVIRONMENT AND DETERMINE THE PROPER LIFT THICKNESS. ANNUAL INSPECTIONS.SITES WITH HIGH TRASH LOAD OR SMALL OUTLET APPROPRIATE FOR YOUR SITE. PROPER BACKFILL PLACEMENT AND COMPACTION TAKE CARE OF THIS CONCERN. CONTROL ORIFICES MAY NEED MORE FREQUENT INSPECTIONS.THE RATE AT . 1'. BACKFILL-WELL GRADED WHICH THE SYSTEM COLLECTS POLLUTANTS WILL DEPEND MORE ON SITE FOUNDATION ® LIVE LOAD 4"GRANULAR AND SMALLER SPECIFIC ACTIVITIES RATHER THAN THE SIZE OR CONFIGURATION OF THE STAGE POURS AS REQUIRED TO CONSTRUCTA FOUNDATION THAT CAN SUPPORT THE DESIGN LOADING ///1% i . . %/' ////i CONTROL FLOATATION AND PIPE SYSTEM. V�jAA// "VAjAAjA�EMBANKMENT DISTORTION/DISPLACEMENT APPLIED BY THE PIPE AND ADJACENT BACKFILL WEIGHT AS WELL AS MAINTAIN v�/vv// > vv/ CLSM ITS INTEGRITY DURING CONSTRUCTION. AA j�/j/ V VA < /A// - /\�� EMBANKMENT INSPECTIONS SHOULD BE PERFORMED MORE OFTEN IN EQUIPMENT�� � /A/VA�� GEOTEXTILE SEPARATION ///A/// Ali 41111.4111111iA/� WASHDOWN AREAS,IN CLIMATES WHERE SANDING AND/OR SALTING IF SOFT OR UNSUITABLE SOILS ARE ENCOUNTERED,REMOVE THE POOR SOILS /i�//V BEDDIN(ABOVE )WTHND OW UNI /AAAA jAAjA OPERATIONS TAKE PLACE,AND IN OTHER VARIOUS INSTANCES IN WHICH ONE \��AOAA / A/AAAA AAA A�A/A AA/ BEDDING)WITH UNIFORMLY " / /V/V/\ DOWN TO A SUITABLE DEPTH AND THEN BUILD UP TO THE APPROPRIATE / /i/ / / / / / / / / / / / / / / /////' IPPWOULD EXPECT HIGHER ACCUMULATIONS OF SEDIMENT OR ABRASIVE/ GRADED BEDDING LAYER. VV/ A, - /VA//A//� ELEVATION WITH A COMPETENT BACKFILL MATERIAL.THE STRUCTURAL FILL BEDDING-WELL GRADED .//\//\// CORROSIVE CONDITIONS.A RECORD OF EACH INSPECTION IS TO BE MATERIAL GRADATION SHOULD NOT ALLOW THE MIGRATION OF FINES,WHICH GRANULAR AND SMALLER /\jV/�A��\�yAA A��AyAA ��A�A ��AA /�/A��j MAINTAINED FOR THE LIFE OF THE SYSTEM CAN CAUSE SETTLEMENT OF THE DETENTION SYSTEM OR PAVEMENT ABOVE. WEIGHTED PIPE WITH MOBILE IF THE STRUCTURAL FILL MATERIAL IS NOT COMPATIBLE WITH THE CONCRETE BARRIERS UNDERLYING SOILS AN ENGINEERING FABRIC SHOULD BE USED ASA BACKFILL PLACEMENT (OR OTHER REMOVABLE WEIGHTS) MAINTENANCE SEPARATOR. IN SOME CASES,USING A STIFF REINFORCING GEOGRID REDUCES OVER EXCAVATION AND REPLACEMENT FILL QUANTITIES. CMP DETENTION SYSTEMS SHOULD BE CLEANED WHEN AN INSPECTION MATERIAL SHALL BE WORKED INTO THE PIPE HAUNCHES BY MEANS OF REVEALS ACCUMULATED SEDIMENT OR TRASH IS CLOGGING THE DISCHARGE GEOGRID USED TO REDUCE BACKFILL COVER SHOVEL-SLICING,RODDING,AIR TAMPER,VIBRATORY ROD,OR OTHER EFFECTIVE THE AMOUNT OF UNDERCUT GEOGRID WASN'T USED ORIFICE. METHODS. CONSTRUCTION LOADING /� V��\,EMBANKMENT MAXIMUM UNBALANCE LIMITED ACCUMULATED SEDIMENT AND TRASH CAN TYPICALLY BE EVACUATED / TO2 LIFTS(APPROX.16") TYPICALLY,THE MINIMUM COVER SPECIFIED FORA PROJECT ASSUMES H-20 \j/Ay /vy/� �, �, �, T, THROUGH THE MANHOLE OVER THE OUTLET ORIFICE.IF MAINTENANCE IS NOT %AA!%A! %A% �VA// l\�VA/EMBANKMENT LIVE LOAD.BECAUSE CONSTRUCTION LOADS OFTEN EXCEED DESIGN LIVE PERFORMED AS RECOMMENDED,SEDIMENT AND TRASH MAY ACCUMULATE IN jAAjAAjA VAjAAjA / //A// / /% \ \ \/y /A / / / / \/A/ PIPEA PIPER PIPEC PIPED \ /� LOADS,INCREASED TEMPORARY MINIMUM COVER REQUIREMENTS ARE FRONT FOLLOWING ORIFICE. ACTIVITIES.CONTECH SHOULD BE THAT //V//V// / // V V V V \VA VA VA VA/ / /. �A//A//A, NECESSARY.SINCE CONSTRUCTION EQUIPMENT VARIES FROM JOB TO JOB, /A/A/A/A V/A/ /A/A/A/A/A V/A/A/A /A/A/A/A/A/A/` /V/V/ /V/V/` AAAA SYSTEMS BE DESIGNED WITH AN ACCESS/INSPECTION MANHOLE SITUATED AT GEOGRID /V/VV /V///V///\/X/V///V/V/V/V/V/V /V/V//V//V//` IT IS BEST TO ADDRESS EQUIPMENT SPECIFIC MINIMUM COVER BEDDING UNDERCUTS SOILS //// / � \��\ i��\ \AAA//V� OR NEAR THE INLET AND THE OUTLET ORIFICE.SHOULD IT BE NECESSARY TO REQUIREMENTS WITH YOUR LOCAL CONTECH SALES ENGINEER DURING GET INSIDE THE SYSTEM TO PERFORM MAINTENANCE ACTIVITIES,ALL GRADE THE FOUNDATION SUBGRADE TO A UNIFORM OR SLIGHTLY SLOPING 8"LOOSE LIFTS BEDDING YOUR PRE-CONSTRUCTION MEETING. APPROPRIATE PRECAUTIONS REGARDING CONFINED SPACE ENTRY AND OSHA GRADE.IF THE SUBGRADE IS CLAY OR RELATIVELY NON-POROUS AND THE REGULATIONS SHOULD BE FOLLOWED. CONSTRUCTION SEQUENCE WILL LAST FOR AN EXTENDED PERIOD OF TIME, ANNUAL INSPECTIONS ARE BEST PRACTICE FOR ALL UNDERGROUND SYSTEMS. IT IS BEST TO SLOPE THE GRADE TO ONE END OF THE SYSTEM.THIS WILL IF AASHTO T99 PROCEDURES ARE DETERMINED INFEASIBLE BY THE DURING THIS INSPECTION,IF EVIDENCE OF SALTING/DE-ICING AGENTS IS ALLOW EXCESS WATER TO DRAIN QUICKLY,PREVENTING SATURATION OF THE GEOTECHNICAL ENGINEER OF RECORD,COMPACTION IS CONSIDERED ADDITIONAL CONSIDERATIONS OBSERVED WITHIN THE SYSTEM,IT IS BEST PRACTICE FOR THE SYSTEM TO BE SUBGRADE. ADEQUATE WHEN NO FURTHER YIELDING OF THE MATERIAL IS OBSERVED RINSED,INCLUDING ABOVE THE SPRING LINE SOON AFTER THE SPRING THAW UNDER THE COMPACTOR,OR UNDER FOOT,AND THE GEOTECHNICAL BECAUSE MOST SYSTEMS ARE CONSTRUCTED BELOW-GRADE,RAINFALL AS PART OF THE MAINTENANCE PROGRAM FOR THE SYSTEM. ENGINEER OF RECORD(OR REPRESENTATIVE THEREOF)IS SATISFIED WITH CAN RAPIDLY FILL THE EXCAVATION;POTENTIALLY CAUSING FLOATATION THE LEVEL OF COMPACTION. MAINTAINING AN UNDERGROUND DETENTION OR INFILTRATION SYSTEM IS GEOMEMBRANE BARRIER AND MOVEMENT OF THE PREVIOUSLY PLACED PIPES.TO HELP MITIGATE EASIEST WHEN THERE IS NO FLOW ENTERING THE SYSTEM.FOR THIS A SITE'S RESISTIVITY MAY CHANGE OVER TIME WHEN VARIOUS TYPES OF FOR LARGE SYSTEMS,CONVEYOR SYSTEMS,BACKHOES WITH LONG POTENTIAL PROBLEMS,IT IS BEST TO START THE INSTALLATION AT THE REASON,IT IS A GOOD IDEA TO SCHEDULE THE CLEANOUT DURING DRY REACHES OR DRAGLINES WITH STONE BUCKETS MAY BE USED TO PLACE DOWNSTREAM END WITH THE OUTLET ALREADY CONSTRUCTED TO ALLOW WEATHER. SALTING AGENTS ARE USED,SUCH AS ROAD SALTS FOR DEICING AGENTS.IF BACKFILL. ONCE MINIMUM COVER FOR CONSTRUCTION LOADING ACROSS A ROUTE FOR THE WATER TO ESCAPE.TEMPORARY DIVERSION MEASURES SALTING AGENTS ARE USED ON OR NEAR THE PROJECT SITE,A GEOMEMBRANE THE ENTIRE WIDTH OF THE SYSTEM IS REACHED,ADVANCE THE EQUIPMENT THE FOREGOING INSPECTION AND MAINTENANCE EFFORTS HELP ENSURE BARRIER IS RECOMMENDED WITH THE SYSTEM.THE GEOMEMBRANE LINER IS TO THE END OF THE RECENTLY PLACED FILL,AND BEGIN THE SEQUENCE MAY BE REQUIRED FOR HIGH FLOWS DUE TO THE RESTRICTED NATURE OF UNDERGROUND PIPE SYSTEMS USED FOR STORMWATER STORAGE CONTINUE INTENDED TO HELP PROTECT THE SYSTEM FROM THE POTENTIAL ADVERSE AGAIN UNTIL THE SYSTEM IS COMPLETELY BACKFILLED.THIS TYPE OF THE OUTLET PIPE. TO FUNCTION AS INTENDED BY IDENTIFYING RECOMMENDED REGULAR EFFECTS THAT MAY RESULT FROM THE USE OF SUCH AGENTS INCLUDING CONSTRUCTION SEQUENCE PROVIDES ROOM FOR STOCKPILED BACKFILL INSPECTION AND MAINTENANCE PRACTICES.INSPECTION AND MAINTENANCE DIRECTLY BEHIND THE BACKHOE,AS WELL AS THE MOVEMENT OF CATCH BASIN RELATED TO THE STRUCTURAL INTEGRITY OF THE PIPE OR THE SOUNDNESS PREMATURE CORROSION AND REDUCED ACTUAL SERVICE LIFE. CONSTRUCTION TRAFFIC.MATERIAL STOCKPILES ON TOP OF THE INLET OF PIPE JOINT CONNECTIONS IS BEYOND THE SCOPE OF THIS GUIDE. THE PROJECT'S ENGINEER OF RECORD IS TO EVALUATE WHETHER SALTING BACKFILLED DETENTION SYSTEM SHOULD BE LIMITED TO 8-TO 10-FEET HIGH WATER _ WATER PAVED PARKING LOT AGENTS WILL BE USED ON OR NEAR THE PROJECT SITE,AND USE HIS/HER AND MUST PROVIDE BALANCED LOADING ACROSS ALL BARRELS.TO . BEST JUDGEMENT TO DETERMINE IF ANY ADDITIONAL PROTECTIVE DETERMINE THE PROPER COVER OVER THE PIPES TO ALLOW THE MEASURES ARE REQUIRED.BELOW IS ATYPICAL DETAIL SHOWING THE MOVEMENT OF CONSTRUCTION EQUIPMENT SEE TABLE 1,OR CONTACT YOUR PLACEMENT OF A GEOMEMBRANE BARRIER FOR PROJECTS WHERE SALTING LOCAL CONTECH SALES ENGINEER. WATER ELEVATION IN / PRELIMINARY l DETENTION SYSTEM AGENTS ARE USED ON OR NEAR THE PROJECT SITE. FINISHED FUNCTIONING SYSTEM DATE: 07/31/2023 20 LAIL PE IMPERMEABLE (12"FOR 1210-PT.) LINER OVER TOP OF PIPE 181FOR 1020 AND>) TYPICAL BACKFILL SEQUENCE OUTLET CONTROL aaaaia aiaiaiaiaiaiaiaiaiaiaiaia_iaiaiaiaiaiaiiaiaiaiiaiaiaiaaiiaii > > \\/\\/ Q -- ttl `icar E, R ou REo % / 11C 13 w_%/\ \ \ EMBANKMENT �� �rBD"TYP. remPIP. /////TO `I a 2 s/ ////� ]�1 r � �VAVA V iAA V \ 8,_. -' //�//���� 1— 2' - \ 4' 5' / /�/\ These f preliminaryand are subject to change.No -: : lit /\\//�y/\ %\//\�/\\/ ties onsibillt 9r assumed for tans developed based en these figure!) oo Al����t;t� .t,t�%��;q�%fit,q�t j j///j// jjj// j//j��j\\////\'�j P Y isP P 0 9 0 a The design and information shown on this drawing Is provided PROJECT No.: SEQ.No.: DATE: ,, as a service to the project owner,engineer and contractor by contech Engineered Solutions LLC("contech").Neither this \ / A�I%\ITCAIJ 18947 28311 3/8/2023 W drawing,nor any part thereo`may be used,reproduced or C ' MTECH® ` �\ �� DY028311 Regatta Park modified in any manner without the prior written consent of * �-Aorr. i `_FE DESIGNED: DRAWN: contech.Failure to comply is done at the users own risk and infiltration basin 2 Conteeheepressly disclaims any liability or responsibility for ENGINEERED SOLUTIONS LLC CMP DETENTION SYSTEMS DYO DYO Fsuch use. www.ContechES.con, Minneapolis MN CHECKED: APPROVED: PI Ifd:ecrepancies between the supplied information upon which CONTECH o the drawmgis based and actual field conditions are encountered 9025 Centre Pointe Dr.,Suite 400, West Chester,OH 45069 DYODS ' DYO Dvo to Coe work ecb:mmediaaey,thee-vaeetlon of ths e det be sig.reported DETENTION SYSTEM X to contech Immediately for nsevaluation of the design.contech SHEET NO.: w 800-338-1122 513-645-7000 513-645-7993 FAX DRAWING neccuneteiiabietyo,desigl:edby dnnmiesmg,incomplete n` DATE REVISION DESCRIPTION BY rate information supplied by others. �' • i` • o /,C•'V�7 '� - �e _ s /r f `\ _/_— - I VYa3A1 \ "',� • 0 100 200 '�'i ` <• .� '�`� �_ �� �.,, ,,z r '•Ise, �'! '• V• +,• /N\ H.SCALE IN FEET Apple !'fey 0 5 10 -ar ; f .'F �- V: SCALE: DESIGN BY: 1� ", � - � •- , 1=- ��. _ _ '� .� :if� _ �� / \ SCALE IN FEET AS SHOWN ZHH r•�+►' • '1�t .t" `lPr \ ✓/.e ` ` Y .i LEGEND PLAN BY: CHECK BY: • ` 4 _ '•- _ � � -�. ' _� ,�fl� -.`fir ,c E - 1yr - e _. _ - PARCELS ZHH WCA . EXISTING CONTOUR(MAJOR) c: — �_ rf _MP_- EXISTING CONTOUR(MINOR) _.7 —• -- - - EXISTING STORM SEWER 1' •-f0 PROPOSED STORM FORCE MAIN ` PROPOSED UNDERGROUND 10), Prl. •r• 41 14 0 . /1 • .••• , � 1 , :: ` M INFILTRATION BASIN R 0 r • 1 -- o �_ EXISTING IRRIGATION LINE j 0All m - ° c EXISTING GAS MAIN • qt :1 EXISTING BURIED ELECTRIC LLJ 111*. f , F EXISTING BURIED FIBER OPTIC - Aglits c EXISTING BURIED COMM LINE f 411114 i�� III 1 1 �. 1,Ti'lliW- —ACV .� II«t ► le . ( • - w, 1N p ›- CO ipir___ ' • 7 y - — CO , ^L\/ d .43 Ma ,. ' ' . It -. ' $1: +. " :0 - MillLU Et _ill II V 7 1 L, in g i ..-7311gr , 7.---41111117 II ,4(,-, z El n CONNECT TO ' EXISTING NNW I f, QUARRY POINT f ����; IRRIGATION LINE PARK WATER j �� k ' ... --- REUSE SYSTEM �� . 1 r, 1111_POND WVR P443 I 1 II� — NWL:922.2 --- �i 1., 24"UNDERGROUND INFILTRATION CHAMBER / �+ 'i HWL:931.9 PROPOSED 6"STORM FORCE MAIN •f •�, -- I 11 E co • PROPOSED LIFT STATIONIt _ 1 N o -1 f 'ff,-V-il. ik. A 411111*----.'1,t../`:'dr- . - 11. .. . .#4.-pfli _,„ \ t CD 1 n q Witt. 4.) �.� �Y . ,; , , j:tj$ , CO + • ii, # . 1. . ‘ . 4" . 1 t . • • • ,\yam( l " - 4i °••. r Ss� § V' C ., 1...ti'.), % , -,A; . -vIt-J0.- ... _ail ire i 41 4,17 . 44 ., . '_o ! / • WSB PROJECT NO. 6.1 �: 1 r 1 • ♦� ~ - t• 018997-000 Av.., ..., • t- / II d 1 _ ,40, SHEET a 1 _ 1 of 1 PUMP STATION SPECIFICATIONS: W. NAME: CITY OF APPLE VALLEY STATION MODEL: Apple • WATERTRONICS: VTVE-7C-20X2/5ST-480-3-400-110, SCALE: DESIGN BY: • PPS: T##V2T025C00400-125S63B483ONS-6, AS SHOWN SJP • OR APPROVED EQUAL PLAN BY: CHECK BY: STATION TOTAL PERFORMANCE: 400 GPM @ 120 PSI BPM WCA PUMP HORSEPOWER: " l 200 AMP DISCONNECT • PUMP NO. 1: 25 HP '� ,` AJ ' �� • PUMP NO. 2: 25HP � H,�P Z� COMPOSITE STATION ENCLOSURE i a 0 STATION DISCHARGE SIZE: 6" (SANDSTONE PAINT COLOR) _ , 4 w PUMP STATION DISCONNECT: 200 AMP Fp ix POWER REQUIREMENTS: 460 V, 60 HZ, 3PHz, 88 FLA s►=II ; r 9 N, ��z pp s ,,.. �, '1 , 88"SKID HEIGHT H \.ra j� ��� piii lark I (h\°-_ �� - ti2-2 Top of Slab @ El 871.30' < N n a A Z CO - i HWL ELEV.=870.30' 2 a E o 36" W BURY fY 2 E - NWLELEV.=860.50' - DEPTH a / y S LLI PROVIDE SHUT OFF r Q ^��a GATE VALVE AND BOX Q �`o FOR INTAKE FLUME 3'MAX DRAW LIFT STATION DOWN LEVEL 8"FL TERMINATION o _7CONSTRUCTION 1"INTAKE SCREEN FLUSH LINE WET WELL DEPTH BACK TO PUMP STATION DETAILS 21'-4"[256") BY INSTALLATION CONTRACTOR EXTEND INTAKE FLUME 90'FROM WET WELL WATERTIGHT GASKET NTAKE CENTERLINE 6"x 12"ADAPTER BY C a) ELEV.=853.5' WATERTRONICS 0 V Elfn /n co —- -—- *'' .: _gig. r, 1lnv.El=853.00' -0 Cll 12"HDPE INTAKE FLUME. 12"HDPE INTAKE FLUME C >, BY INSTALLATION BY INSTALLATION CONTRACTOR i Q CONTRACTOR =�___ a ELEV.=850.00' � . 7�\ ?) FIELD VERIFY '�12�� El=850.00' 0 64 SUPPORT INTAKE FLUME WITH GRAVEL-5'MAX • • • U a) a BETWEEN SUPPORTS .a: WET WELL. At LILI LI A xht A t A t �� �� CO a Co 12"MIN.COURSE FILTER AGGREGATE(MnDOT 3149.2H)ON TYPE 4 GEOTEXTILE Li] U 72"0,12"THICK PRECAST MONO CONCRETE BASE SLAB ELEVATION VIEW WSB PROJECT NO. 018997-000 SHEET -.22 OF 4 . ip Apple I,Valley SCALE: DESIGN BY: AS SHOWN SJP 114"SLAB - PLAN BY: CHECK BY: 1 V 90" BASE BPM WCA 47" 42"MIN CLEARANCE N 1 1------ / P I co z o O ( _ A I A STATION COMPONENTS: w )7— A 40HP PUMP AND MOTOR B 5HP PRESSURE MAINTENANCE PUMP II O _ C CHECK VALVE QJ [ — D PUMP ISOLATION VALVE W/EBV �I I -� 52" E DRAIN z M711,` -�\ • F PRESSURE RELIEF VALVE -' E' •I�(ni' I I011 _ G PRESSURE TRANSDUCER W/GAUGE z 96" H PAINTED STEEL BASE(SANDSTONE) 120" I 3KVA TRANSFORMER AND LOAD CENTER B� BASE SLAB J 24"X 16"HATCH C' o • K GROWSMART MAGNETIC FLOW METER-6" CI k, A ���' L STATION ISOLATION VALVE-6" Z o _ •I (n M CONTROL CABINET 75X48X16 - ' n o I_ 60y %`"''� N HEAT EXCHANGER ti V / - Cilik 0 LEVEL SENSOR W O IS P 5KW HEATER 2(-[ - - E F Q 200A FUSED OUTER DISCONNECT-SHIP LOOSE a f ( �I I� 1 R SBS-18 INLET BOX SCREEN W _ 8"FLTERMINATIONJ 13„ L G K D C I • ~� FERTIGATION PORTS L 12 LIFT STATION CONSTRUCTION DETAILS PLAN VIEW 4- a) NOTES 1. ALL ANCHOR BOLTS,TIE RODS AND FASTENERS SHALL BE 316 STAINLESS STEEL. � 2. ALL PIPING AND PIPE JOINTS SHALL BE PROPERLY RESTRAINED TO PREVENT EXCESS Rll MOVEMENT IN ANY DIRECTION DURING OPERATION AND TESTING.ALL EXTERIOR PIPE co SHALL BE MECHANICAL JOINT W/MEGALUG RESTRAINT JOINTS.PIPE SUPPORTS SHALL '‹C N BE LOCATED IN FIELD. 3. PROVIDE EXTERNAL JOINT SEAL INFRASHIELD OR EQUAL ON ALL MANHOLE SECTION a) JOINTS. _C >, 4. PLUG ALL LIFTING HOLES WITH NON SHRINK GROUT AND COVER WITH A PIECE OF - 0_ EXTERNAL JOINT SEAL,INFRASHIELD OR EQUAL. <cl) co a 5. LOCATE INLET PIPE(S),VENT PIPE,AND ELECTRICAL CONDUITS AS REQUIRED PER SITE CONDITIONS. _o O 6. CONTRACTOR SHALL VERIFY ALL EXISTING CONDITIONS PRIOR TO BIDDING. D >+ 7. CONTRACTOR MAY PROVIDE ALTERNATE PIPE DESIGN.CALCULATIONS AND DRAWINGS Cl) SHALL BE SUBMITTED TO THE ENGINEER FOR PRIOR REVIEW&APPROVAL. 4) U a 8. ALL BURIED DIP SHALL BE ENCASED IN POLYETHYLENE PER ANSI/AWWA C105. Y RO 9. SELECT GRANULAR BACKFILL COMPACTED TO 95%SPD MIN.(TYP.). a z �-- a co RQ LL W U 7.3 WSB PROJECT NO. 018997-000 SHEET Y 3 OF 4 4ilw 's fl.A'4* &P • +w Iry oas► f zw ii PRECAST CONCRETE COVER A . . * , , , PRECAST CONCRETE Q cO ,q' ` WALL N a r ,{ f d' �..„-----CONCRETE WASH Z — o id • •' ; '��� • • PIPE 6" EPDXY COATED STEEL o • ' I •''. PIPE (GREEN) (STD WEIGHT) L.LIfr s '! • FILL PIPE W/CONCRETE j I 4-0 SLOPE W �FINIS� W/SMALL ~ " I I MI6 RADIUS EDGER a 31, faiI. J Ir HOT-DIPPED GALVANIZED STEEL L3 x 3 x 1/4 x 0-4" LONG � � TYPE 5 JT SEALANT W/ 1/2" � � 0 ANCHORED TO PRECAST COVER WITH ONE 1/2 " x 4 1/2 ° EXP. MATERIAL (BITUMINOUS OR LONG STAINLESS STEEL EXPANSION BOLT WITH 3 1/2 HYDROSTATIC SEAL EQUAL TO 3'-0" " ^ ,S y'r CONCRETE SURFACES) EMBEDMEN- (TYP 0 4 EQUALLY SPACED LOCATIONS AROUND • ,� 'LINK SEAL" BY THUNDERLINE ;. Ir�3�� COVER) CORPORTATION �- Q �• SECLRE PIPE IN CONCRETE PRECAST REINFORCED CONCRETE PIPE SECTION '4. �'+ . '00 6. �i` I A' a r• i ir r'' ' ' DIAMETER OF HOLE AS Z RECOMMENDED BY SEAL I '-s I MANUFACTURER Mr ...; t M CD COVER ANCHORAGE DETAIL PIPE PENETRATION DETAIL BOLLARD DETAIL /asi I 3 3 NO SCALE CD NO SCALE e NO SCALE IMIMMMI LIFT STATION CONSTRUCTION DETAILS PRECAST REINFORCED CONCRETE PIPE SECTION I 3 1/8 go... 1/2" #5 Q 12"O.C.,E.W.TOP&BOT.GRADE 60 i HOT DIPPED GALVANIZED STEEL L6 X 3-1/2" X STEEL LAPPED I'-8"AT ALL SPLICES. 1/4" X 0'-6" LG ANCHOR TO PRECAST ,� CONCRETE WITH ONE 1/2" OD STAINLESS STEEL EXPANSION ANCHOR BOLT WITH 4-1/4" MINIMJM \ \ \ : 1 908.0 EMBEDMENT (TYP 0 4 EQUALLY SPACED 13/4' 1�IA/ � ' LOCATIONS AROUND BASE) 5/8"0 STAINLESS STEEL EXPANSION ANCHOR BOLT 11,111" STAINLESS STEEL TERMINAL BOLTSi a U12" WITH 6 1/2" MINIMUM EMBEDMENT (TYP ® 4 I y„ 3'LOOPOFTRACERWIREINBOX °5 -,I, h 2 EQUALLY SPACED LOCATIONS AROUND BASE) ,..".„.w.o.„,...i..,,,e, war a. ADJUSTABLE ill ''• • ��.; 41...• 9.i' (3 a J6"MIN v �� 12"COMPACTED AGGREGATE BEDDING v (MnDOT 3149.26) a 1 7 1/2" a REINFORCED CONCRETE BASE F NOTES LL 1. THE GEOTECHNICAL ENGINEER(TESTING COMPANY)SHALL VERIFY A MINIMUM 0 OF 2500 PSF SUBGRADE BEARING CAPACITY DURING CONSTRUCTION. - \ 2. TOC ELEVATION OF GENERATOR PAD TO BE FIELD VERIFIED AND COORDINATED I / EI PAINT ALL CONNECTION ITEMS WITH HEAVY WITH ENGINEER AND OWNER. COAT OF BITUMASTIC PAINT 4„ a U E BASE ANCHOR DETAIL TRACER WIRE ACCESS BOX PUMP ENCLOSURE PAD SECTION c71NOT TO SCALE NOT TO SCALE —oa NO SCALE 4 4 Y PROJECT SUMMARY CALCULATION DETAILS •LOADING=HS20/HS25 •APPROX.LINEAR FOOTAGE=11,361 LF STORAGE SUMMARY •STORAGE VOLUME REQUIRED=N/A •PIPE STORAGE VOLUME=35,692 CF •BACKFILL STORAGE VOLUME=13,323 CF •TOTAL STORAGE PROVIDED=49,015 CF PIPE DETAILS •DIAMETER=24" •CORRUGATION=2 2/3x1/2 •GAGE=16 •COATING=ALT2 298'-0" •WALL TYPE=PERFORATED •BARREL SPACING=12" W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W BACKFILL DETAILS W W W W W W W W W W W W •WIDTH AT ENDS=12" SW W W W W W W W W W W W W W W W W W W W W W W W •ABOVE PIPE=0" <W W W W W W W W W W W W W W W W W W W W W W W W •WIDTH AT SIDES=12" W ill W W W W W W ill ill W W •BELOW PIPE=0" <W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W UI W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W Wb W W W W W W W W W W W W W W W W W W W W W W W W M W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W III III W W W W W III III W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W NOTES <W W W W W W W W W W W UI W W W W W W W W W W W UI •ALL RISER AND STUB DIMENSIONS ARE TO W ill W W W W W W ill ill W W CENTERLINE.ALL ELEVATIONS,DIMENSIONS,AND W W W W W W W W W W W W W W W W W W W W W W W W LOCATIONS OF RISERS AND INLETS,SHALL BE m W W W W III III 0 VERIFIED BY THE ENGINEER OF RECORD PRIOR TO S ill ill ill ill ill ill ill ill ill ill ill W RELEASING FOR FABRICATION. W W W W W W W III 0 •ALL FITTINGS AND REINFORCEMENT COMPLY WITH S W W W W W W W W W W W W ASTM A998. S W ill W W W W W W ill ill W W W W W W W W W W W W W W •ALL RISERS AND STUBS ARE 22/3"x-"CORRUGATION AND 16 GAGE UNLESS OTHERWISE NOTED. •RISERS TO BE FIELD TRIMMED TO GRADE. •QUANTITY OF PIPE SHOWN DOES NOT PROVIDE EXTRA PIPE FOR CONNECTING THE SYSTEM TO EXISTING PIPE OR DRAINAGE STRUCTURES.OUR SYSTEM AS DETAILED PROVIDES NOMINAL INLET AND/OR OUTLET PIPE STUB FOR CONNECTION TO PRELIMINARY EXISTING DRAINAGE FACILITIES. IF ADDITIONAL PIPE IS NEEDED IT IS THE RESPONSIBILITY OF THE 07/31/2023 CONTRACTOR. DATE: •BAND TYPE TO BE DETERMINED UPON FINAL DESIGN. •THE PROJECT SUMMARY ISREFLECTIVE OF THE �� DYODS DESIGN,QUANTITIES ARE APPROX.AND SHOULD BE VERIFIED UPON FINAL DESIGN AND m APPROVAL.FOR EXAMPLE,TOTAL EXCAVATION DOES These figures are preliminary and are subject to change.No g NOT CONSIDER ALL VARIABLES SUCH AS SHORING responsibility is assumed for plans developed based on these figures. AND ONLY ACCOUNTS FOR MATERIAL WITHIN THE ESTIMATED EXCAVATION FOOTPRINT. •THESE DRAWINGS ARE FOR CONCEPTUAL PURPOSES :al AND DATIONS.PLEASE CONTACTO NOT REFLECT ANY PREFERENCESCAL OR YOUR LOCAL 3 REG ASSEMBLY q CONTECH REP FOR MODIFICATIONS. SCALE: 1"=30' > RI The design and information shown on this drawing is provided I . PROJECT No.: SEQ.No.: DATE: Uasa service to the project owner,engineer and contractor by ® _ _ ° DY030264 Conlech Engineered Solutions LLC CCuontecM).Neitherthis ��I%\ITCAIIJ 20382 30264 4/14/2023 Fdrawl ng,noranypartthereof,maybeu sod,reproducedor cr1rEcH \ ' �� Quarry Park modmed in any mannerwithout the prior written consent of �����\` � `fir• DESIGNED: DRAWN: c. Conlech.xpilureyocompty onyliaattheusersowndtyfo, ENGINEERED SOLUTIONS LLC CMP DETENTION SYSTEMS Inf. Basin Conlech expressly disclaims any liability or responsibility for DYO DYO W such use hwww.ContechES.com Minneapolis, MN CHECKEDYO APPROVED: IT discrepancies between the Supplied Information upon which CONTECH O the drawing is ogre and Geld conditionseare encountered 9025 Centre Pointe Dr.,Suite 400, West Chester,OH 45069 DYODS DETENTION SYSTEM SHEET NO.: R a site work progresses,sed these actual field conies must ee rc ported utter l,x, to Contech immediately for re-evaluation of the design.Conlech 800-338-1122 513-645-7000 513-645-7993 FAX DRAWING .. cceptsno liability for designs based on missing,incomplete or DATE REVISION DESCRIPTION BY ` ' inaccurate information supplied by others. 0 =-----=- -- -- =- =--== =--==========------ Infiltration Systems-CMP Infiltration&CMP Perforated Drainage Pipe 0 Material Location Description Material Designation f--"- Q O� — O� O� O� O� O� O� O� O Designation I I :nor � .� 8 (if ap li ableible Pavement � O O O O O O O O O ; � (if applicable)Olt, O O O O O O O O O O O•.� n Road Base(if applicable �O O O O O O O O O O O O O O O O016 O O O O O O •.•._•�•� •.� Geotextile Layer Non-Woven Geotextile CONTECH C-40 Engineer Decision for consideration to prevent soil or C-45 migration into varying soil types.Wrapthe trench only. _ - O O O OI �_ O O O O A 9 rY 9 YP Q - •.• •.j Backfill Infiltration pipe systems have AASHTO M 145- Material shall be worked into the pipe haunches by �O�O O � 0 a pipe perforation sized of A-1 or AASHTO means of shovel-slicing,rodding,air-tamper,vibratory FRONT ,*ID �•.�• Itp •.� c/) 3/8"diameter.An open M 43-3,4 rod,or other effective methods. Compaction of all -y _ W graded,free draining stone, placed fill material is necessary and shall be NOTE: O O with a particle size of%"-2 considered adequate when no further yielding of the �� ¢ 6 MANWAY DETAIL APPLICABLE FOR CMP :.dj•. 4'CMP `o •. 'A"diameter is recommended. material is observed under the compactor,or under O II,O * foot,and the Project Engineer or his representative is SYSTEMS WITH DIAMETERS 48"AND ,.•. I..a' satisfied with the level of compaction" PLAN LARGER.MANWAYS MAY BE REQUIRED Bedding Stone Well graded granular bedding AASHTO M43- For soil aggregates larger than 3/8"a dedicated ON SMALLER SYSTEMS DEPENDING ON � ie �' �O� material w/maximum particle 3,357,4,467,5, bedding layer is not required for CMP.Pipe may be ACTUAL SITE SPECIFIC CONDITIONS. ,wadb,� HAUNCH ZONE • , size of 3" 56,57 placed on the trench bottom comprised of native TYPICAL MANWAY DETAIL O OI♦ suitable well graded&granular material.For Arch �.�. pipes it is recommended to be shaped to a relatively SCALE: N.T.S. _ �3 RISER(TYP.) oils. �` ' - , flat bottom or fine-grade the foundation to a slight ( ) �� v-shape.Soil aggregates less than 3/8"and unsuitable SEE DETAIL • /i►.�.i el.,.O __ OI♦O� material should be over-excavated and re-placed with Lh1111111111111111, Or a ateri layer of gnwell graded&granular stone per the material designation. aitikeii Sites • Geotextile Layer None None Contech does not recommend geotextiles be placed © qunder the invert of Infilitration systems due to the propensity for geotextiles to clog over time. /� � /V/V/� �/V/V/V/ � /V�/V�/V�/ �/V�/V�/V�/ �/V�/V� 2 i VAS V V� /\/\/ �� � �" A V V����������� ����/ * Note:The listed AASHTO designations are for gradation only. The stone must also be angular and clean. 1 INITIAL FILL ENVELOPE -- ti 2 2/3"x 1/2" 0 0 0 0 07 Qf 0 0 0 CORRUGATION-STEEL o 0 0 0 0 0 0 0 AND ALUMINUM CMP �' C7 MINIMUM WIDTH DEPENDS ON SITE CONDITIONS AND ENGINEERING JUDGEMENT. EDGE SPACING EQUAL o 0 0 0 / 0 0 FOUNDATION/BEDDING PREPARATION ON BOTH SIDES �12.8" COIL WIDTH ELEVATION END y PRIOR TO PLACING THE BEDDING,THE FOUNDATION MUST BE CONSTRUCTED TO OPEN AREA=3.76 SQ IN/SQ FT NOTE: A UNIFORM AND STABLE GRADE. IN THE EVENT THAT UNSUITABLE FOUNDATION TYPICAL RISER DETAIL LADDERS ARE OPTIONAL AND ARE NOT MATERIALS ARE ENCOUNTERED DURING EXCAVATION,THEY SHALL BE REMOVED REQUIRED FOR ALL SYSTEMS. AND BROUGHT BACK TO THE GRADE WITH A FILL MATERIAL AS APPROVED BY SCALE: N.T.S. THE ENGINEER. 20 MIL HDPE MEMBRANE 3"x 1"CORRUGATION- i 1, t. LINER OVER TOP OF PIPE cHAUNCH ZONE MATERIAL SHALL BE PLACED AND UNIFORMLY COMPACTED WITHOUT STEEL AND ALUMINUM o1 0 0 0 0 0 0 0 p� (0 0 o 0 0 (IF REQUIRED) SOFT SPOTS. CMP o 0 (COIL PROVIDED FROM csi J I I I I I I I I I I BACKFILL CONTECH LANTANA,FL o 0 0 0 0 0 0 0 • • ••••�� • •••� ��� LIMITS OF MATERIAL SHALL BE PLACED IN 8"-10"MAXIMUM LIFTS.INADEQUATE COMPACTION CAN PLANT) 3.55e�� • + • REQUIRED LEAD TO EXCESSIVE DEFLECTIONS WITHIN THE SYSTEM AND SETTLEMENT OF THE y GUIL WIDTH /•�� � ��� ��� '�4I�C BACKFILL SOILS OVER THE SYSTEM. BACKFILL SHALL BE PLACED SUCH THAT THERE IS NO MORE OPEN AREA=4.16 SQ IN/SQ FT D�O �O0 ,�o�_ .O THAN ATWO-LIFT DIFFERENTIAL BETWEEN THE SIDES OF ANY PIPE IN THE SYSTEM AT ��� ,� a SYSTEM lit ' is.0 ALL TIMES DURING THE BACKFILL PROCESS. BACKFILL SHALL BE ADVANCED ALONG • r�, DIAMETER VARIES ,r0 VARIES THE LENGTH OF THE SYSTEM AT THE SAME RATE TO AVOID DIFFERENTIAL LOADING 5"x 1"CORRUGATION-STEEL ONLY . 1.O-1 �-. �.� ON ANY PIPES IN THE SYSTEM. EDGE SPACING EQUAL ON BOTH SIDES o o O �O� O�� ��Oo EQUIPMENT USED TO PLACE AND COMPACT THE BACKFILL SHALL BE OF A SIZE AND 1, EQUIPMENT 0 0 0 0 0 0 0 0 0 0 �• •.• .•.•`_ C TYPE SO AS NOT TO DISTORT,DAMAGE,OR DISPLACE THE PIPE. ATTENTION MUST r-: 0 0 0 0 0 0 0 0 0 0 0 BEGIVEN TO PROVIDING ADEQUATE MINIMUM COVER FOR SUCH EQUIPMENT. `-I/ 0 0 0 0 0 0 0 0 0 0 ,4.-.4.-.0,��,��,��,��,��,��,��,��,��,��,��,��,��,��,��,��,��,��,��,��,��,��,��,��- MAINTAIN BALANCED LOADING ON ALL PIPES IN THE SYSTEM DURING ALL 1, SUCH OPERATIONS. 9@2.711"=24.399" 2.711" COIL WIDTH TYPICAL SECTION VIEW OTHER ALTERNATE BACKFILL MATERIAL MAY BE ALLOWED DEPENDING ON SITE SPECIFIC CONDITIONS. REFER TO TYPICAL BACKFILL DETAIL FOR MATERIAL OPEN AREA=3.33 SQ IN/SQ FT LINER OVER ROWS REQUIRED. NOTES: SCALE: N.T.S. PRELIMINARY 1. PERFORATIONS MEETAASHTOANDASTM SPECIFICATIONS. NOTE:IF SALTING AGENTS FOR SNOW AND ICE REMOVAL ARE USED ON OR NEAR 2. PERFORATION OPEN AREA PER SQUARE FOOT OF PIPE IS BASED ON THE PROJECT,AN HDPE MEMBRANE LINER IS RECOMMENDED WITH THE SYSTEM. 07/31/2023 THE NOMINAL DIAMETER AND LENGTH OF PIPE. THE IMPERMEABLE LINER IS INTENDED TO HELP PROTECT THE SYSTEM FROM THE DATE: 3. ALL DIMENSIONS ARE SUBJECT TO MANUFACTURING TOLERANCES. POTENTIAL ADVERSE EFFECTS THAT MAY RESULT FROM A CHANGE IN THE 4. ALL HOLES 03/8". SURROUNDING ENVIRONMENT OVER A PERIOD OF TIME.PLEASE REFER TO THE CORRUGATED METAL PIPE DETENTION DESIGN GUIDE FOR ADDITIONAL WS b TYPICAL PERFORATION DETAIL INFORMATION. 'E 3 These figures are and are g preorplarydeveloedbasedont change.No SCALE: N.T.S. o L sponsibility is assumed for plans developed based on these figures. Rl The design and information shown on this drawing is provided 1PROJECT No.: SEQ.No.: DATE: Uas a service to the project owner,engineer and contractor by c. ® _ _ ° DY030264 Contech Engineered Solutions LLC("Contech").Neitherthis �� \1TCAlJ zosaz 30264 ananozs ad drawing,noranypartthereof,maepriord,tepmducenof cr1rEcII \ ' 1- Quarry Park c. modified inany manner without the prior writtern oannenlof �����\` ` 0re DESIGNED: DRAWN: Contech.xFailure yocompty is done at th or rers sponsibility oran ENGINEERED SOLUTIONS LLC CMP DETENTION SYSTEMS Inf. Basin Contech expressly disclaims any liability or responsibility for DYO DYO W such use hwww.ContechES.com Minneapolis, MN CHECKEDYO APPROVED: IT discrepancies between the supplied Information upon which CONTECH O the drawing is ogres and, discrepancies eld pancis mare encountered 9025 Centre Pointe Dr.,Suite 400, West Chester,OH 45069 DYODS DETENTION SYSTEM SHEET No.: R ath site wo kg proased an,these lfield must be renported countered l,x, to Contech immediately for re-evaluation of the design.Contech 800-338-1122 513-645-7000 513-645-7993 FAX DRAWING 6 acaceptsnoliabilityfordesignsbasedanmissing,incomplete or DATE REVISION DESCRIPTION BY inaccurate information supplied by others. M - - A - REINFORCING TABLE TEMPORARY COVER FOR c o ACCESS CASTING TO BE CONSTRUCTION LOADS �= c-� I PROVIDED AND INSTALLED **BEARING E 1 I BY CONTRACTOR. CMP A 0 B REINFORCING PRESSURE HEIGHT I RISER �� �� FINISHED OF / GRADE i (PSF) COVER '1=-=-IT N IITII I u _ 24" 0 4 26" #5 @ 12"OCEW 2,410 u -iI ° ® ° a 4'X4' #5 @ 12"OCEW 1,780 • uI ul ITI Co a 30" 4'-6" 32 #5 @ 12"OCEW 2,120 11-111 III III m 11 a i i 4'-6"X 4'-6" #5 @ 12"OCEW 1,530 Illlllllllll-'11lTll + ° I i d a IiI 36" 5' 5' 38" #5 @ 10"OCEW 1,890 CONSTRUCTION LOADS GASKET MATERIAL ¢ X 5' #5 @ 10"OCEW 1,350 SUFFICIENT TO PREVENT SLAB FROM BEARING ON UM I- W 42„ 0 5'6"5'6" 44„ #5 @ 10"OCEW 1,720 FOR TEMPORARY CONSTRUCTION VEHICLE LOADS,AN EXTRAAMOUNT OF COMPACTED COVER MAY BE REQUIRED OVER RISER TO BE PROVIDED BY a 0 X 5'-6" #5 @ 9"OCEW 1,210 THE TOP OF THE PIPE. THE HEIGHT-OF-COVER SHALL MEET THE MINIMUM REQUIREMENTS SHOWN IN THE TABLE BELOW. CONTRACTOR. 0B 11"TYP. a- THE USE OF HEAVY CONSTRUCTION EQUIPMENT NECESSITATES GREATER PROTECTION FOR THE PIPE THAN FINISHED C7 48" 0 6' 6' 50„ #5 @ 9"OCEW 1,600 GRADE COVER MINIMUMS FOR NORMAL HIGHWAY TRAFFIC. - X 6' #5 @ 8"OCEW 1,100 SECTION VIEW PIPE SPAN, AXLE LOADS (kips) **ASSUMED SOIL BEARING CAPACITY INCHES 18-50 50-75 75-110 110-150 MINIMUM COVER(FT) 00 / 0A A 12-42 2.0 2.5 3.0 3.0 "q 4.-A 06 48-72 3.0 3.0 3.5 4.0 #4 DIAGONAL TRIM DIAGONAL TRIM ' BAR(TYP.4 PLACES), 78-120 3.0 3.5 4.0 4.0 BAR(TYP.4 PLACES), �Il" SEE NOTE 7. 126-144 3.5 4.0 4.5 4.5 SEE NOTE 7. 1_ ®1 Frjogri.--- --.ireNVil 2"COVER *MINIMUM COVER MAY VARY,DEPENDING ON LOCAL CONDITIONS. THE CONTRACTOR MUST PROVIDE THE ADDITIONAL (TYP) PPP COVER REQUIRED TO AVOID DAMAGE TO THE PIPE. MINIMUM COVER IS MEASURED FROM THE TOP OF THE PIPE TO THE TOP OF THE MAINTAINED CONSTRUCTION ROADWAY SURFACE. Pr ig L00, Lr 0 AO CONSTRUCTION LOADING DIAGRAM _ I ` ir0 SCALE: N.T.S. a OPENING IN 11,lik '/ PROTECTION Al SPECIFICATION FOR DESIGNED DETENTION SYSTEM: SLAow B FOR OPENING IN CASTING PROTECTION or re SLAB FOR Ail 1 SCOPE PIPE ' 44E1�-� CASTING THIS SPECIFICATION COVERS THE MANUFACTURE AND INSTALLATION OF THE PIPE SHALL BE MANUFACTURED IN ACCORDANCE TO THE APPLICABLE THE DESIGNED DETENTION SYSTEM DETAILED IN THE PROJECT PLANS. REQUIREMENTS LISTED BELOW: .=1 INTERRUPTED BAR 40111,- 4116: MATERIAL ALUMINIZED TYPE 2: AASHTO M-36 OR ASTM A-760 THE MATERIAL SHALL CONFORM TO THE APPLICABLE REQUIREMENTS REPLACEMENT,SEE LISTED BELOW: GALVANIZED: AASHTO M-36 OR ASTM A-760 NOTE 6. , STANDARD STANDARD INTERRUPTED BAR ALUMINIZED TYPE 2 STEEL COILS SHALL CONFORM TO THE ARF@LC'A4EIECOATED: AASHTO M-245 OR ASTM A-762 'Ilk STANDARD REINFORCING, 0B REQUIREMENTS OF AASHTO M-274 OR ASTM A-92. SEE TABLE SEE TABLE REPLACEMENT, ALUMINUM: AASHTO M-196 OR ASTM B-745 SEE NOTE 6. THEQ REQUIRZED EMENTS ASHEL OILS SHALL 218OR ASTM 9.T APPLICABLE ROUND OPTION PLAN VIEW SQUARE OPTION PLAN VIEW REQUIREMENTS OF AASHTO M-218 OR ASTM A-929. HANDLING AND ASSEMBLY _ SHALL BE IN ACCORDANCE WITH NCSP'S(NATIONAL CORRUGATED STEEL THE POLYMER COATED STEEL COILS SHALL CONFORM TO THE AITFRPCABBDCIATION)FOR ALUMINIZED TYPE 2,GALVANIZED OR POLYMER NOTES: REQUIREMENTS OF AASHTO M-246 OR ASTM A-742. COATED STEEL. SHALL BE IN ACCORDANCE WITH THE MANUFACTURER'S RECOMMENDATIONS FOR ALUMINUM PIPE. 1. DESIGN IN ACCORDANCE WITH AASHTO,17th EDITION. 7. TRIM OPENING WITH DIAGONAL#4 BARS,EXTEND THE ALUMINUM COILS SHALL CONFORM TO THE APPLICABLE REQUIREMENTS BARS A MINIMUM OF 12"BEYOND OPENING,BEND OF AASHTO M-197 OR ASTM B-744. INSTALLATION 2. DESIGN LOAD HS25. BARS AS REQUIRED TO MAINTAIN BAR COVER. SHALL BE IN ACCORDANCE WITH AASHTO STANDARD SPECIFICATIONS FOR CONSTRUCTION LOADS HIGHWAY BRIDGES,SECTION 26,DIVISION II DIVISION II OR ASTM A-798(FOR 3. EARTH COVER=1'MAX. 8. PROTECTION SLAB AND ALL MATERIALS TO BE CONSTRUCTION LOADS MAY BE HIGHER THAN FINAL LOADS.FOLLOW THE ALUMINIZED TYPE 2,GALVANIZED OR POLYMER COATED STEEL)OR ASTM PROVIDED AND INSTALLED BY CONTRACTOR. MANUFACTURER'S OR NCSPA GUIDELINES. B-788(FOR ALUMINUM PIPE)AND IN CONFORMANCE WITH THE PROJECT 4. CONCRETE STRENGTH=3,500 psi m PLANS AND SPECIFICATIONS.IF THERE ARE ANY INCONSISTENCIES OR 9. DETAIL DESIGN BY DELTA ENGINEERING,BINGHAMTON,NY. CONFLICTS THE CONTRACTOR SHOULD DISCUSS AND RESOLVE WITH THE 5. REINFORCING STEEL=ASTM A615,GRADE 60. SITE ENGINEER. oi R NOTE: 6. PROVIDE ADDITIONAL REINFORCING AROUND MANHOLE CAP DETAIL THESE DRAWINGS ARE FOR CONCEPTUAL IT IS ALWAYS THE RESPONSIBILITY OF THE CONTRACTOR TO FOLLOW OSHA OPENINGS EQUAL TO THE BARS INTERRUPTED, a PURPOSES AND DO NOT REFLECT ANY LOCAL GUIDELINES FOR SAFE PRACTICES. HALF EACH SIDE. ADDITIONAL BARS TO BE IN SCALE: N.T.S. (, PREFERENCES OR REGULATIONS.PLEASE / THE SAME PLANE. o CONTACT YOUR LOCAL CONTECH REP FOR PRELIMINARY > MODIFICATIONS. 07/31/2023 EL The service eri i design and information project shownr, on this and ingco isr provided DATE: I . PROJECT No.: SEQ.No.: DATE: U as a ortoch cetolhe st,turonsLLCgineerch").Ntmarthisctor by ® _ _ ° DYO30264 Contact Engineered Solutions ay oConfect").Neither this �� \ITCAIIJ 20382 30264 4/14/2023 W drawing,naryn,arterveth,maepriord,renconsenof C'ii NTECH �'\ ' rA Quarry Park gmotlech inanye to co plyis doe atthe users ownntof ���{]�\` `�rl, DESIGNED: DRAWN: h Coontech.xprresyocclaims nynezttyorresronsinnskor ENGINEERED SOLUTIONS LLC CMP DETENTION SYSTEMS Inf. Basin� C tech expressly disclaims any liability responsibility for , DYO DYO W such use. rn Ws b www.ContechES.com Minneapolis, M N CHECKED:DYO APPROVED:DYO F discrepancies between me supplied Information upon which CONTECH the drawing is based and actual field conditions are encountered 9025 Centre Pointe Dr.,Suite 400, West Chester,OH 45069 DYODS O These figures are preliminary and are subject d change.No DETENTION SYSTEM X as site work progresses,these discrepancies must be reported responsibility is assumed for plans developed based on these figures. SHEET NO.: l„ to Contech immediately for re-evaluation of the design.Content ` 800-338-1122 513-645-7000 513-645-7993 FAX DRAWING U acaceptsnoliabilityfordesignshosedonmissing,incompleteor DATE REVISION DESCRIPTION BY ccurale information supplied by others. CMP DETENTION SYSTEM INSPECTION AND CMP DETENTION INSTALLATION GUIDE IN-SITU TRENCH WALL MAINTENANCE WHEN FLOWABLE FILL IS USED,YOU MUST PREVENT PIPE FLOATATION. PROPER INSTALLATION OF A FLEXIBLE UNDERGROUND DETENTION SYSTEM IF EXCAVATION IS REQUIRED,THE TRENCH WALL NEEDS TO BE CAPABLE OF TYPICALLY,SMALL LIFTS ARE PLACED BETWEEN THE PIPES AND THEN UNDERGROUND STORMWATER DETENTION AND INFILTRATION SYSTEMS MUST WILL ENSURE LONG-TERM PERFORMANCE.THE CONFIGURATION OF THESE SUPPORTING THE LOAD THAT THE PIPE SHEDS AS THE SYSTEM IS LOADED. IF ALLOWED TO SET-UP PRIOR TO THE PLACEMENT OF THE NEXT LIFT. THE BE INSPECTED AND MAINTAINED AT REGULAR INTERVALS FOR PURPOSES OF SYSTEMS OFTEN REQUIRES SPECIAL CONSTRUCTION PRACTICES THAT SOILS ARE NOT CAPABLE OF SUPPORTING THESE LOADS,THE PIPE CAN DEFLECT. ALLOWABLE THICKNESS OF THE CLSM LIFT IS A FUNCTION OF A PROPER PERFORMANCE AND LONGEVITY. DIFFER FROM CONVENTIONAL FLEXIBLE PIPE CONSTRUCTION.CONTECH PERFORM A SIMPLE SOIL PRESSURE CHECK USING THE APPLIED LOADS TO BALANCE BETWEEN THE UPLIFT FORCE OF THE CLSM,THE OPPOSING WEIGHT OF THE PIPE,AND THE EFFECT OF OTHER RESTRAINING INSPECTION ENGINEERED SOLUTIONS STRONGLY SUGGESTS SCHEDULING A DETERMINE THE LIMITS OF EXCAVATION BEYOND THE SPRING LINE OF THE MEASURES. THE PIPE CAN CARRY LIMITED FLUID PRESSURE WITHOUT PRE-CONSTRUCTION MEETING WITH YOUR LOCAL SALES ENGINEER TO OUTER MOST PIPES. PIPE DISTORTION OR DISPLACEMENT,WHICH ALSO AFFECTS THE CLSM INSPECTION IS THE KEY TO EFFECTIVE MAINTENANCE OF CMP DETENTION DETERMINE IF ADDITIONAL MEASURES,NOT COVERED IN THIS GUIDE,ARE LIFT THICKNESS.YOUR LOCAL CONTECH SALES ENGINEER CAN HELP SYSTEMS AND IS EASILY PERFORMED.CONTECH RECOMMENDS ONGOING, IN MOST CASES THE REQUIREMENTS FOR A SAFE WORK ENVIRONMENT AND DETERMINE THE PROPER LIFT THICKNESS. ANNUAL INSPECTIONS.SITES WITH HIGH TRASH LOAD OR SMALL OUTLET APPROPRIATE FOR YOUR SITE. PROPER BACKFILL PLACEMENT AND COMPACTION TAKE CARE OF THIS CONCERN. CONTROL ORIFICES MAY NEED MORE FREQUENT INSPECTIONS.THE RATE AT . 1'. BACKFILL-WELL GRADED WHICH THE SYSTEM COLLECTS POLLUTANTS WILL DEPEND MORE ON SITE FOUNDATION ® LIVE LOAD 4"GRANULAR AND SMALLER SPECIFIC ACTIVITIES RATHER THAN THE SIZE OR CONFIGURATION OF THE STAGE POURS AS REQUIRED TO CONSTRUCTA FOUNDATION THAT CAN SUPPORT THE DESIGN LOADING ///1% i . . %/' ////i CONTROL FLOATATION AND PIPE SYSTEM. V�jAA// "VAjAAjA�EMBANKMENT DISTORTION/DISPLACEMENT APPLIED BY THE PIPE AND ADJACENT BACKFILL WEIGHT AS WELL AS MAINTAIN v�/vv// > vv/ CLSM ITS INTEGRITY DURING CONSTRUCTION. AA j�/j/ VVA < /�/ - /\�� EMBANKMENT INSPECTIONS SHOULD BE PERFORMED MORE OFTEN IN EQUIPMENT /A/A�� GEOTEXTILE SEPARATION ///A/// Ali 41111.4111111iA/� WASHDOWN AREAS,IN CLIMATES WHERE SANDING AND/OR SALTING IF SOFT OR UNSUITABLE SOILS ARE ENCOUNTERED,REMOVE THE POOR SOILS /i�//V BEDDIN(ABOVE )WTHND OW UNI /AAAA jAAjA OPERATIONS TAKE PLACE,AND IN OTHER VARIOUS INSTANCES IN WHICH ONE \��AOAA / A/AAAA AAA A�A/A AA/ BEDDING)WITH UNIFORMLY " / /V/V/\ DOWN TO A SUITABLE DEPTH AND THEN BUILD UP TO THE APPROPRIATE / /i/ / / / / / / / / / / / / / / /////' IPPWOULD EXPECT HIGHER ACCUMULATIONS OF SEDIMENT OR ABRASIVE/ GRADED BEDDING LAYER. VV/ A, - /VA//A//� ELEVATION WITH A COMPETENT BACKFILL MATERIAL.THE STRUCTURAL FILL BEDDING-WELL GRADED .//\//\// CORROSIVE CONDITIONS.A RECORD OF EACH INSPECTION IS TO BE MATERIAL GRADATION SHOULD NOT ALLOW THE MIGRATION OF FINES,WHICH GRANULAR AND SMALLER /\jV/�A��\�yAA A��AyAA ��A�A ��AA /�/A��j MAINTAINED FOR THE LIFE OF THE SYSTEM CAN CAUSE SETTLEMENT OF THE DETENTION SYSTEM OR PAVEMENT ABOVE. WEIGHTED PIPE WITH MOBILE IF THE STRUCTURAL FILL MATERIAL IS NOT COMPATIBLE WITH THE CONCRETE BARRIERS UNDERLYING SOILS AN ENGINEERING FABRIC SHOULD BE USED ASA BACKFILL PLACEMENT (OR OTHER REMOVABLE WEIGHTS) MAINTENANCE SEPARATOR. IN SOME CASES,USING A STIFF REINFORCING GEOGRID REDUCES OVER EXCAVATION AND REPLACEMENT FILL QUANTITIES. CMP DETENTION SYSTEMS SHOULD BE CLEANED WHEN AN INSPECTION MATERIAL SHALL BE WORKED INTO THE PIPE HAUNCHES BY MEANS OF REVEALS ACCUMULATED SEDIMENT OR TRASH IS CLOGGING THE DISCHARGE GEOGRID USED TO REDUCE BACKFILL COVER SHOVEL-SLICING,RODDING,AIR TAMPER,VIBRATORY ROD,OR OTHER EFFECTIVE THE AMOUNT OF UNDERCUT GEOGRID WASN'T USED ORIFICE. METHODS. CONSTRUCTION LOADING /� V��\,EMBANKMENT MAXIMUM UNBALANCE LIMITED ACCUMULATED SEDIMENT AND TRASH CAN TYPICALLY BE EVACUATED / TO2 LIFTS(APPROX.16") TYPICALLY,THE MINIMUM COVER SPECIFIED FORA PROJECT ASSUMES H-20 \j/Ay /vy/� �, �, �, T. THROUGH THE MANHOLE OVER THE OUTLET ORIFICE.IF MAINTENANCE IS NOT %AA!%A! %A% �VA// l\�VA/EMBANKMENT LIVE LOAD.BECAUSE CONSTRUCTION LOADS OFTEN EXCEED DESIGN LIVE PERFORMED AS RECOMMENDED,SEDIMENT AND TRASH MAY ACCUMULATE IN jAAjAAjA VAjAAjA / //A// / /% \ \ \/y /A / / / / \/A/ PIPEA PIPER PIPEC PIPED \ /� LOADS,INCREASED TEMPORARY MINIMUM COVER REQUIREMENTS ARE FRONT FOLLOWING ORIFICE. ACTIVITIES.CONTECH SHOULD BE THAT //V//V// / // V V V V \VA VA VA VA/ / /, �A//A//A, NECESSARY.SINCE CONSTRUCTION EQUIPMENT VARIES FROM JOB TO JOB, /A/A/A/A V/A/ /A/A/A/A/A V/A/A/A /A/A/A/A/A/A/` /V/V/ /V/V/` AAAA SYSTEMS BE DESIGNED WITH AN ACCESS/INSPECTION MANHOLE SITUATED AT GEOGRID /V/VV /V///V///\/X/V///V/V/V/V/V�V /V/V//V//V//` IT IS BEST TO ADDRESS EQUIPMENT SPECIFIC MINIMUM COVER BEDDING UNDERCUTS SOILS //// / � \��\ i��\ \AAA//V� OR NEAR THE INLET AND THE OUTLET ORIFICE.SHOULD IT BE NECESSARY TO REQUIREMENTS WITH YOUR LOCAL CONTECH SALES ENGINEER DURING GET INSIDE THE SYSTEM TO PERFORM MAINTENANCE ACTIVITIES,ALL GRADE THE FOUNDATION SUBGRADE TO A UNIFORM OR SLIGHTLY SLOPING 8"LOOSE LIFTS BEDDING YOUR PRE-CONSTRUCTION MEETING. APPROPRIATE PRECAUTIONS REGARDING CONFINED SPACE ENTRY AND OSHA GRADE.IF THE SUBGRADE IS CLAY OR RELATIVELY NON-POROUS AND THE REGULATIONS SHOULD BE FOLLOWED. CONSTRUCTION SEQUENCE WILL LAST FOR AN EXTENDED PERIOD OF TIME, ANNUAL INSPECTIONS ARE BEST PRACTICE FOR ALL UNDERGROUND SYSTEMS. IT IS BEST TO SLOPE THE GRADE TO ONE END OF THE SYSTEM.THIS WILL IF AASHTO T99 PROCEDURES ARE DETERMINED INFEASIBLE BY THE DURING THIS INSPECTION,IF EVIDENCE OF SALTING/DE-ICING AGENTS IS ALLOW EXCESS WATER TO DRAIN QUICKLY,PREVENTING SATURATION OF THE GEOTECHNICAL ENGINEER OF RECORD,COMPACTION IS CONSIDERED ADDITIONAL CONSIDERATIONS OBSERVED WITHIN THE SYSTEM,IT IS BEST PRACTICE FOR THE SYSTEM TO BE SUBGRADE. ADEQUATE WHEN NO FURTHER YIELDING OF THE MATERIAL IS OBSERVED RINSED,INCLUDING ABOVE THE SPRING LINE SOON AFTER THE SPRING THAW UNDER THE COMPACTOR,OR UNDER FOOT,AND THE GEOTECHNICAL BECAUSE MOST SYSTEMS ARE CONSTRUCTED BELOW-GRADE,RAINFALL AS PART OF THE MAINTENANCE PROGRAM FOR THE SYSTEM. ENGINEER OF RECORD(OR REPRESENTATIVE THEREOF)IS SATISFIED WITH CAN RAPIDLY FILL THE EXCAVATION;POTENTIALLY CAUSING FLOATATION THE LEVEL OF COMPACTION. MAINTAINING AN UNDERGROUND DETENTION OR INFILTRATION SYSTEM IS GEOMEMBRANE BARRIER AND MOVEMENT OF THE PREVIOUSLY PLACED PIPES.TO HELP MITIGATE EASIEST WHEN THERE IS NO FLOW ENTERING THE SYSTEM.FOR THIS A SITE'S RESISTIVITY MAY CHANGE OVER TIME WHEN VARIOUS TYPES OF FOR LARGE SYSTEMS,CONVEYOR SYSTEMS,BACKHOES WITH LONG POTENTIAL PROBLEMS,IT IS BEST TO START THE INSTALLATION AT THE REASON,IT IS A GOOD IDEA TO SCHEDULE THE CLEANOUT DURING DRY REACHES OR DRAGLINES WITH STONE BUCKETS MAY BE USED TO PLACE DOWNSTREAM END WITH THE OUTLET ALREADY CONSTRUCTED TO ALLOW WEATHER. SALTING AGENTS ARE USED,SUCH AS ROAD SALTS FOR DEICING AGENTS.IF BACKFILL. ONCE MINIMUM COVER FOR CONSTRUCTION LOADING ACROSS A ROUTE FOR THE WATER TO ESCAPE.TEMPORARY DIVERSION MEASURES SALTING AGENTS ARE USED ON OR NEAR THE PROJECT SITE,A GEOMEMBRANE THE ENTIRE WIDTH OF THE SYSTEM IS REACHED,ADVANCE THE EQUIPMENT THE FOREGOING INSPECTION AND MAINTENANCE EFFORTS HELP ENSURE BARRIER IS RECOMMENDED WITH THE SYSTEM.THE GEOMEMBRANE LINER IS TO THE END OF THE RECENTLY PLACED FILL,AND BEGIN THE SEQUENCE MAY BE REQUIRED FOR HIGH FLOWS DUE TO THE RESTRICTED NATURE OF UNDERGROUND PIPE SYSTEMS USED FOR STORMWATER STORAGE CONTINUE INTENDED TO HELP PROTECT THE SYSTEM FROM THE POTENTIAL ADVERSE AGAIN UNTIL THE SYSTEM IS COMPLETELY BACKFILLED.THIS TYPE OF THE OUTLET PIPE. TO FUNCTION AS INTENDED BY IDENTIFYING RECOMMENDED REGULAR EFFECTS THAT MAY RESULT FROM THE USE OF SUCH AGENTS INCLUDING CONSTRUCTION SEQUENCE PROVIDES ROOM FOR STOCKPILED BACKFILL INSPECTION AND MAINTENANCE PRACTICES.INSPECTION AND MAINTENANCE DIRECTLY BEHIND THE BACKHOE,AS WELL AS THE MOVEMENT OF CATCH BASIN RELATED TO THE STRUCTURAL INTEGRITY OF THE PIPE OR THE SOUNDNESS PREMATURE CORROSION AND REDUCED ACTUAL SERVICE LIFE. CONSTRUCTION TRAFFIC.MATERIAL STOCKPILES ON TOP OF THE INLET OF PIPE JOINT CONNECTIONS IS BEYOND THE SCOPE OF THIS GUIDE. THE PROJECT'S ENGINEER OF RECORD IS TO EVALUATE WHETHER SALTING BACKFILLED DETENTION SYSTEM SHOULD BE LIMITED TO 8-TO 10-FEET HIGH WATER _ WATER PAVED PARKING LOT AGENTS WILL BE USED ON OR NEAR THE PROJECT SITE,AND USE HIS/HER AND MUST PROVIDE BALANCED LOADING ACROSS ALL BARRELS.TO . BEST JUDGEMENT TO DETERMINE IF ANY ADDITIONAL PROTECTIVE DETERMINE THE PROPER COVER OVER THE PIPES TO ALLOW THE MEASURES ARE REQUIRED.BELOW IS ATYPICAL DETAIL SHOWING THE MOVEMENT OF CONSTRUCTION EQUIPMENT SEE TABLE 1,OR CONTACT YOUR PLACEMENT OF A GEOMEMBRANE BARRIER FOR PROJECTS WHERE SALTING LOCAL CONTECH SALES ENGINEER. WATER ELEVATION IN cPRELIMINARY \ DETENTION SYSTEM AGENTS ARE USED ON OR NEAR THE PROJECT SITE. X FINISHED FUNCTIONING SYSTEM DATE: 07/31/2023 20 LAIL PE IMPERMEABLE (12"FOR 12'0-90a) LINER OVER TOP OF PIPE 10'FOR 1020 AND>) TYPICAL BACKFILL SEQUENCE OUTLET CONTROL aaaaia aiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiaiiaiaiaiiaiaiaiaaiiaii > > \\/\\/ Q 3iII;tIr!, itT car E, CEMBANKMENT vis b reD PIP. / / TO I 2 AA V� T- s \ a' SThese figures are preliminary and are subject to change.No i` '�/// /%////////\ //\///\ ///\/\ /\// /✓ possibility is assumed for plans developed based on these figures. oo Al �t i i i.t irr t i i i �1i i YA�jAA//AA//AA/�YjAA//AA//AA �jAA%/AA//AA//�/ �� 0 3 0 a The design and information shown on this drawing Is provided PROJECT No.: SEQ.No.: DATE: ,, as a service to the project owner,engineer and contractor by contech Engineered Solutions LLC("contech").Neither this \ / A�I%\ITCAIJ 20382 30264 4/14/2023 W drawing,nor any part thereof,may be used,reproduced or C ' MTECH® ` �\ �� DY030264 Quarry Park modified in any manner without the prior written consent of * �-Aorr. i `_FE DESIGNED: DRAWN: contech.Failure to comply is done at the users own risk and Inf. Basin 2 contech expressly disclaims any liability or responsibility for ENGINEERED SOLUTIONS LLC CMP DETENTION SYSTEMS DYO DYO Fsuch use. www.ContechES.con, Minneapolis MN CHECKED: APPROVED: PI If discrepancies between the supplied information upon which CONTECH o the drawmgis based and actual field conditions are encountered 9025 Centre Pointe Dr.,Suite 400, West Chester,OH 45069 DYODS ' DYO Dvo to Coeecrkpmediaaey,thee-valuapanoiesmdet be elg.reported DETENTION SYSTEM X to contech Immediately for nsevaluation of the design.Contech SHEET NO.: w800-338-1122 513-645-7000 513-645-7993 FAX DRAWING iiabietyo,despliedbsednnmissmg,incnmpleten` DATE REVISION DESCRIPTION BY inaccurate information supplied by others. LOCATION ' 6915 6885 6781 g.iii (d 8 "'""" �, APPValleye i+ I T�ilf%-1 ®� SCALE: DESIGN BY: AS SHOWN SML PLAN BY: CHECK BY: 146TH ST W CONSTRUCTION ENTRANCE ff01 SML WCA II :• •= 147TH D iIL O 1 EXCAVATE 16,800 CY(LV) 121H C 1•' 9so39 O T�I 150i ST I W o OF SEDIMENT _,_,, y 9„ LU MANAGEMENT LEVEL 2 y934' - :• • _O 0 40 80 - - - - - - �� - - H: • U ` a 92.924 o- SCALE IN FEET 6950 _ yz yzz ._.� \I LEGEND o sB r I — - - — APPROX.CONSTRUCTION LIMITS y` PROPERTY LINE z°m I / ' Clgi0 - ; �1o1°j_- EXISTING CONTOUR(MAJOR) t o / / _1019" EXISTING CONTOUR(MINOR) 15, I I �.1019 PROPOSED CONTOUR(MAJOR) } ?d / 62 CY CLASS IV RIPRAP I -1p19 PROPOSED CONTOUR(MINOR) OI. / / I » EXISTING STORM SEWER PIPE Q N a CM 1 I I �,, ® ICI ® EXISTING STORM STRUCTURE Z M isir --7_ ._:l:::n. , L. SB PROPOSED STORM SEWER PIPE ?2 ti ( /'\ �i�, 946 0 /y �/ =n 6 CY CLASS III RIPRAP er �p ®O PROPOSED DRAINAGE STRUCTURE J O \ \ O INLET PROTECTION mowN/ 939ti38�37 '-' `' e SB c1 ,� ..141 CL III RIPRAP d d36�,y� `_ SB ` c I' , STABILIZED CONSTRUCTION LU 91 02 �a 934 33 ' - - s / - ,�-�-: ENTRANCE.UNLESS OTHERWISE NOTED, Q �'" 2' _- rn I gr RESTORE USING SEED MIX 25-131(220 Q F o _ ll LBS/ACRE)WITH FERTILIZER TYPE 3(350 / /� - •`--•' •^ -^ -^ LBS/ACRE)&TYPE 3 MULCH(2 TONS/ACRE) 7 WITH DISC ANCHOR. .4'ti ,e NWL: 9 5.72R SB S� i it 1 SEED MIX 33-261(35 LBS/ACRE)WITH NWL: 925.72 I SB SB I I MIX21-11(1 0PBS/ACRE),&CATEGORY SITE PLAN I ��, HWL: 949.80 y�� 20 ROLLED EROSION PREVENTION i SB / I I PRODUCT.TEMPORARY STABILIZATION: I 0 '7,-. / I TYPE 3 MULCH WITH DISC ANCHOR I 1 i ��n �y / I Sg SOIL BORING LOCATIONS i .N SB SB yeti / / / /, GENERAL CONSTRUCTION NOTES 5 C SB i 1. CONTRACTOR RESPONSIBLE FOR THE DAMAGE TO STREETS,PARKING Ni / LOTS, CONCRETE CURB AND GUTTER,TRAIL,AND TREES NOT SHOWN itik FOR REMOVAL. H 0 rn) / 2. ATA MINIMUM,DAILY STREET SWEEPING REQUIRED DURING HAULING Z OPERATIONS,MORE OFTEN AS NEEDED OR DIRECTED BY THE ENGINEER. '' 3. ALL STOCKPILES MUST HAVE DOWN GRADIENT PERIMETER SEDIMENT LU /:/ ----: IN 1O' ® _ 924 - / / / \41/ CONTROL IMPLEMENTED AND MAINTAINED AT ALL TIMES.STOCKPILES / TO RECEIVE TEMPORARY STABILIZATION IF UNWORKED FOR 7 DAYS 0) NIA Vila / 4. DEWATERING/DEICING TO TAKE PLACE PRIOR TO EXCAVATION ICE IS TO U) I 62 CY CLASS IV RIPRAP / - I BE STOCKPILED ON SITE AND PUT BACK IN POND FOLLOWING THE UJ I 92q g22 g23 g2A gi5-------/ ' • EXCAVATION AND IS INCIDENTAL TO THE DEWATERING PAY ITEM. (/) J DEWATERING PLANS MUST BE SUBMITTED AND APPROVED BY THE Iy,* 4- PROJECT ENGINEER 10 DAYS PRIOR TO PUMPING.PLANS MUST INCLUDE Q J /// il: O SB %�j OPERATIONS FOR PREVENTING THE DISCHARGE OF TURBID WATER,AND Q :_ SB O / - MUST INCLUDE METHODS FOR CONTROLLING EROSION AND SCOUR 0 - Ill _ I ^^2 i/ 5. CONTRACTOR SHALL PERFORM ALL DEWATERING AND EXCAVATION W W 11 / / - q � _ ONSITE AND OFF OF ROADWAY,AND LOAD AND HAUL OUT USING = J \ 92 / / g� / - ACCESS ROUTE. / �'� _ 6. CONTRACTOR TO GRADE AROUND EXISTING STORM SEWER � � Cl- �'� �� gad STRUCTURES AS DIRECTED BYTHE ENGINEER. 01 SB �- �/ �j�/ „tea ' 7. CONTRACTOR TO COORDINATE ACCESS LIMITS WITH THE ENGINEER IN Q ao 1-L . / fir, - g39 __ __ _ THE FIELD. - i i% 8. EXISTING POND CONTOURS DEVELOPED FROM PRE-DESIGN SURVEY. 0 of 61 Tl6J: SSIIPRAP ._ i ga2 ADDITIONAL SIDE SLOPE TOPOGRAPHIC SURVEY RECOMMENDED TO } �ryh VALIDATE LiDAR TIE INS. LU H o '�I - qoo 9. CLEARING AND GRUBBING WILL BE PAID FOR BY THE LUMP SUM. Y - w 3 /'\ '" � 0 92yco Z9y3^9zn,�� 10. THE CONTRACTOR SHALL SUPPLY THE CITY WITH TRAFFIC CONTROL AND Q 0 /\ 9 STAGING PLANS PRIOR TO ANY CONSTRUCTION FOR CITY APPROVAL Z - •- -� 9'g34'o' J a " 9 9^9,g39 WHICH WILL BE PAID FOR BY THE LUMP SUM. w - 9°9 293? 11. WORK ASSOCIATED WITH PROTECTING AND/OR REMOVING AND CO U \ _ 6 CY CLASS III RIPRAP --- / - ` `,S� "' g46 REINSTALLING FENCES,STREET SIGNS,LAWNIRRIGATIONSYSTEMSAND ' ---- 14, - OTHER ITEMS SHALL BE CONSIDERED INCIDENTAL TO THE PROJECT. Q i - _-_ - "- 12. ELECTRONIC COPIES OF CAD GRADING PLANS WILL BE PROVIDED TO THE LU _ - CONTRACTOR AND MACHINE CONTROL OR OTHER MEANS APPROVED BY THE ENGINEER SHALL BE USED TO GRAD TO PLANNED ELEVATIONS.IF _ - _ NEEDED,ONE POST CONSTRUCTION SURVEY WILL BE COMPLETED AFTER a GRADING;IF ADDITIONAL POST CONSTRUCTION SURVEY IS NEEDED TO VERIFY,GRADING COST WILL BE PASSED ALONG TO CONTRACTOR. 414ffnigir 41fflia . WSB PROJECT NO. 018997-000 . _ SHEET Y ---- OF 1 CITY OF APPLE VALLEY RESOLUTION NO. 2024- A RESOLUTION APPROVING PROJECT 2021-165, EAST LAKE SUBWATERSHED ASSESMENT WHEREAS, the City Council authorized WSB Engineering to complete the subwatershed assessment at the September 23, 2021, Council meeting; and WHEREAS,the assessment recommends water quality best management practices within the project area; and WHEREAS, the City received a$35,000 Watershed Based Implementation Fund grant for the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the subwatershed study for Project 2021-165, East Lake Subwatershed Assessment, dated November 16, 2023, is hereby approved. ADOPTED this I lth day of January 2024. Clint Hooppaw, Mayor ATTEST: Pamela J. Gackstetter, City Clerk • ITEM: 4.P. ••••• • ••• COUNCIL MEETING DATE: January 11, 2024 Apple Valley SECTION: Consent Agenda Description: Adopt Resolution Approving One-Year Extension of Conditional Use Permit and Site Plan/Building Permit Authorization for U-Haul of Apple Valley Staff Contact: Department/ Division: Alex Sharpe, Planning and Economic Dev. Spec. Community Development Department Applicant: Project Number: U-Haul Apple Valley, LLC PC21-28-ZCB Applicant Date: 60 Days: 120 Days: ACTION REQUESTED: Adopt the resolution approving a one-year extension of a Conditional Use Permit and Site Plan/Building Permit Authorization for U-Haul of Apple Valley. SUMMARY: U-Haul of Apple Valley has requested that the City grant another one-year extension of approvals for their Conditional Use Permit and Site Plan/Building Permit Authorization. On January 27, 2022, the City Council originally approved a Conditional Use Permit for exterior storage and a Site Plan/Building Permit Authorization for U-Haul. A condition of approval was that if not utilized within one year, the approval lapses. This condition is standard on all land use projects. On January 12, 2023, the City Council approved the first one-year extension for the Conditional Use Permit and Site Plan/Building Permit Authorization, to January 12, 2024. On December 12, 2023, U-Haul submitted a second request for another one-year extension on the same project. U-Haul has stated that they intend to proceed with the project, but current market conditions and construction costs have prolonged the timeline. The City regularly extends approvals for a single year, and requests for multiple year extensions are rare. Several projects in the past have been granted multiple year extensions when the applicant has provided sufficient reasons for the delay. U-Haul has stated that specific building elements, unpredictable market conditions, and increased interests rates have delayed the project. U-Haul has indicated they intend to submit an application to amend their approvals in 2024 to create a more cost-effective project. BACKGROUND: N/A BUDGET IMPACT: N/A ATTACHMENTS: Resolution CITY OF APPLE VALLEY RESOLUTION NO. 2024- A RESOLUTION REAUTHORIZING ISSUANCE OF A BUILDING PERMIT AND CONDITIONAL USE PERMIT FOR U-HAUL APPLE VALLEY AND ATTACHING CONDITIONS THERETO WHEREAS,pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted, as Title XV of the City Code of Ordinances, zoning regulations to control land uses throughout the City; and WHEREAS, said regulations provide that issuance of a building permit for commercial, industrial, and multiple residential uses require the specific review and approval of development plans by the Apple Valley Planning Commission and City Council; and WHEREAS,the City Planning Commission reviewed the development plans for the above- referenced project and recommended approval at a public meeting held January 5,2022; and the City Council authorized the issuance of a building permit on January 27, 2022, for the project subject to all applicable City Codes and standards, and conditions as listed in Resolution No. 2022- 18 and Resolution No. 2022-19; and WHEREAS,the building permit authorization resolution expires on January 27, 2023; and WHEREAS, on December 6, 2022, ISG, on behalf of U-Haul Apple Valley, LLC requested the City extend the approval of the site plan/building permit authorization and conditional use permit, subject to the conditions set forth in Resolutions Nos. 2022-18 and 2022-19; for one(1) year; and WHEREAS,the City Council approved a one year extension to Resolutions Nos. 2022-18 and 2022-19 via Resolution 2023-11 on January 12, 2023; and WHEREAS, on December 12, 2023, ISG, on behalf of U-Haul Apple Valley, LLC requested that the City extend approval of the site plan/building permit authorization and conditional use permit, subject to conditions set forth in Resolutions Nos. 2022-18 and 2022-19; for an additional one(1)year; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the U-Haul Apple Valley site plan/building permit authorization and conditional use permit for exterior storage is hereby extended to January 31, 2025, subject to all conditions originally listed in Resolution Nos. 2022-18 and 2022-19. ADOPTED this 11th day of January, 2024. Clint Hooppaw, Mayor ATTEST: Pamela J. Gackstetter, City Clerk 2 :•• ITEM: 4.Q. ••••• • ••• COUNCIL MEETING DATE: January 11, 2024 Apple Valley SECTION: Consent Agenda Description: Approve Professional Service Agreement with Marsh McLennan to Serve as Insurance Agent of Record Staff Contact: Department/ Division: Ronald Hedberg, Finance Director Finance Department ACTION REQUESTED: Approve the Professional Service Agreement with Marsh McLennan to serve as Insurance Agent of Record, subject to final approval by the City Administrator and City Attorney. SUMMARY: The City Council authorized the issuance of an RFP for insurance agent of record services for the 2024 to 2029 insurance policy years at its October 26, 2023 council meeting. The RFP and this agreement also includes the Apple Valley Farmington Rosemount Cable Commission. The agent of record will provide assistance in the property and liability coverages for the City of Apple Valley and the Apple Valley Farmington Rosemount Cable Commission. Staff is recommending the selection of Marsh Mclennan to serve as the agent of record with the League of Minnesota Insurance Trust (LMCIT) for the coming five years. Staff received five responses to the RFP and interviewed each of the firms and believe the Marsh McLennan is the best fit for the City of Apple Valley. BACKGROUND: The City Council authorized the issuance of an RFP for insurance agent of record services for the 2024 to 2029 insurance policy years at its October 26, 2024 council meeting. The request for proposals were sent to six different agencies in the Twin Cities area that provide insurance agent services to local government agencies. Five proposals were received and following a review of the proposals, Marsh Mclennan is recommended to be the agent of record with the LMCIT based on the firm's experience with cities similar to Apple Valley. Staff is recommending the selection of Marsh Mclennan as the agent of record at a cost of $17,000 per year for the five year period. The brokers services to be provided, as included in the RFP, include: 1. Assisting with the completion of the LMCIT renewal forms using the data supplied by the City and or the LMCIT. 2. Assisting the City in evaluating and selecting coverage alternatives such as deductibles, limits, optional coverage, alternative coverage forms, etc. Advise the City on potential gaps or overlaps in coverage. Provide the City's Finance Director with access to the broker's working files of city business upon request, at the City's convenience and discretion. 3. Reviewing the LMCIT insurance policies for completeness and accuracy. Confirm the schedules have been updated for the new data supplied during the renewal process. 4. Providing the City with a recap of insurance costs and an explanation of premium increases for each renewal. 5. Providing explanations of insurance coverage, coverage options and make recommendations as requested. 6. Conducting periodicreview of open claims. Review claim reserves for appropriateness. 7. Assisting the City in identifying risk exposures and developing appropriate strategies to address those exposures. 8. Assisting as requested with safety and loss control activities. 9. Evaluating and advising the City on whether comparable insurance can be provided by someone other than the League of Minnesota Cities, including self- insurance. 10. Completing other usual functions expected of an insurance broker and requested by the City such as, but not limited to, accurately amending policies, providing interpretation of coverage, policy maintenance, binders and certificates, vehicle insurance cards, timely delivery of policies and/or binders, providing unbiased recommendations, answering questions and resolving issues. Attached is a copy of Marsh McLennan's response to the RFP which provides additional information on the firm and their personnel. BUDGET IMPACT: The agent fees are currently paid out of the self-insurance fund for the City of Apple Valley portion and the Cable Commission portion will be paid by the Cable Commission JPA operating fund. The cost is included in the amounts allocated to the operating funds in each year's budget. ATTACHMENTS: Proposal Agreement 04 MarshMcLennan Agency 411.1 411, -< ; P 411111 h .. c �; 4r City of Apple Valley and AFRCC ____ iiiiiis4lo ., ,„. . ...'.'---.,. Insurance Agent Services Request for Proposal RFP Response November 30th, 2023 Your future is limitless.M Mars M •m RFP Response City of Apple Valley Table of contents Executive summary Response Qualifications 3 Agency Services 9 References 14 Why MMA 20 City of Apple Valley RFP Response Executive summary Marsh McLennan Agency (MMA) is pleased to present our risk management and insurance brokerage services proposal to The City of Apple Valley. We appreciate the opportunity to share our team, capabilities, ideas, and pricing structure. MMA recognizes The City of Apple Valley's overarching goal is to seek a Business Insurance Broker and Consultant to provide best practice consultation and management of your risk. Led by Casey Nepper, our team will streamline program administration, monitor vendor performance, provide timely reporting and analytics, and develop a plan that will improve risk management strategies and generate a positive return on investment for The City of Apple Valley. We know the challenges that municipalities face in balancing manageable and unforeseen risks today.As one of the industry's largest consulting firms, we will use our experience, market clout, intellectual capital, and proven processes and tools to help you control your risks and optimize your programs. MMA is prepared to support your risk management team with a hands on collaborative approach that will provide: • Thorough review of your current risk management and safety strategy, risk financing structure, policy coverage, and claims. We believe a "fresh set of eyes" will deliver a confirmation of your current strategy and plans, new ideas that will challenge your thinking, and opportunities that will be beneficial to The City of Apple Valley. • Dedicated team of risk professionals that can support The City of Apple Valley's diverse needs. The MMA team will include resources that will bring Municipal expertise and risk specialization. • Experience and expertise in working with the LMCIT, and broad access to the insurance marketplace including traditional insurance markets, regional insurance markets, wholesale markets, re-insurance markets, and global markets. • Committed day-to-day service specialists that will respond to calls same day and be visible at your location as needed. • Organized and prioritized transition plan. We understand that transitioning professional service providers will create additional work for The City of Apple Valley. We have transitioned many relationships in the past and will create and executing a plan in partnership with The City of Apple Valley. We look forward to addressing questions that you will certainly have following the review of our written response. We are hopeful that we will have the opportunity to present our team, approach, deliverables, and compensation in person with The City of Apple Valley's team. Sincerely, Casey Nepper, Risk Consultant, Business Insurance Marsh&McLennan Agency LLC 1 Response _ 4 4 NoMarshMcLennan Agency A business of Marsh McLennan Qualifications 1 . Number of years the agency has been in business. Marsh McLennan Agency (MMA), provides business insurance, employee health & benefits, retirement, and private client insurance solutions to organizations and individuals seeking limitless possibilities. With nearly 9,000 colleagues and 160 offices across the United States and Canada, MMA combines the personalized service model of a local consultant with the global resources and expertise of the world's leading professional services firm, Marsh McLennan (NYSE: MMC). MMA generates more than $2 billion in annualized revenue, making it one of the largest brokerage operations in North America. MMA was founded in 2008 and is built from best-in-class companies in your community with consulting expertise covering Employee Health and Benefits plans, Business Insurance, and Retirement plans. Each local MMA office retains their unique community value, service, and team, while accessing the vast resources and client tools that Marsh McLennan Companies offer. Additionally, each local team collaborates with other regions to share best practices and innovative products. The synergy of the teams and their core resources are a unique and extraordinary advantage that our clients have in working with MMA. v MarshMMA.co Your future is limitless.- NoMarshMcLennan Agency A business of Marsh McLennan 8,925 7th 160+ Colleagues Largest agency Locations e Canada • • • • North Upper Midviest • • Nort III s. WNMast f Naw'Enpla"d • 1 �......1111 illp • • WestIn _iiiiii,....st • • Mi4Atlantle all rs•r. • sorMrvst .'•' 16.0„,...t • Florida Boucha E _v a ---- .''''''''''. - '-''''''' ''''''' ''''''' '''';',H'-. MarshMMA.co Your future is limitless:- NoMarshMcLennan Agency A business of Marsh McLennan MMA is a wholly owned subsidiary of Marsh, serving the risk prevention and insurance needs of middle market companies in the United States. MMA has access to broad resources and solutions across all of its sister companies under the Marsh McLennan (MMC) banner.Although we are not integrating the businesses with Marsh, we are able to leverage the value of our respective capabilities and intellectual capital in those instances where there is a compelling case for collaboration between MMA and Marsh. Mid-size companies need a partner they can trust and that can provide additional tools for opportunity and growth. We strive every day to service those needs. We successfully bridge the gap between what the "big firms" offer and the advice, solutions, and programs that smaller businesses require. Strength, stability and unmatched possibilities MarshMcLennan 40 Marsh V!Mercer Vl GuyCarpenter H OliverWyman Insurance brokering Talent, health. Reinsurance Management. and risk management retirement and and intermediary economic, and brand investment consulting advisory services strategy consulting Vl MarshMcLennan Agency Business insurance, employee health & benefits, retirement services,and private client services Through the strength of our management team, our geographic presence and our world class services, MMA provides public and private organizations with risk management and employee benefit support that helps them flourish. We are proud to provide our clients with best-in-class services that meet their growing needs. MMA Minneapolis is the Upper Midwest hub of MMA. It is one of the largest insurance agencies in the Midwest region and is within the top one-percent nationally when ranked independently. The MMA Minneapolis office opened its employee health & benefits practice in 1988, originally as RJF Agencies which was acquired by MMA in 2011. The Upper Midwest Employee Health & Benefits Division has grown to over 340 colleagues supporting across 10 states. Our nationaJ,Employee Health & Benefits practice now has over 2,000 colleagues servicing nearly 18,000 cliffs nationwide. _ MarshMMA.co Your future is limitless. NoMarshMcLennan Agency A business of Marsh McLennan 2. Describe your firm's experience and expertise regarding public entity risks by relating the markets to which the firm has access, the information technology capabilities of your firm, other public sector clients with whom you have a relationship and which of the clients are self-funded. MMA Minnesota is proud to insure over 20 municipalities representing over$20 million in annual premium with the League of Minnesota Insurance Trust. Municipalities have very unique and specialized risks. As such, we have a team within MMA that is dedicated to working with municipalities that have the knowledge and experience to understand your complex risks. We will work with your team to first understand your municipality, and then develop a comprehensive risk management program that is tailored to your unique risks and needs. MMA has been engaged in a great partnership in doing business with the LMCIT for decades. The LMCIT has a tremendous program, and we utilize our experience to deliver the optimal programs and options available for our clients. Although the LMCIT is very sound and broad, we also utilize the strength and expertise of our own additional resources for our clients in additional areas which include safety, claims, HR consulting, and additional outside coverage that may be needed. For example, the LMCIT does not provide Equipment Breakdown insurance coverage for entities that generate and operate their own power. This is a critical coverage for some cities, which is why we have the expertise and partnerships to lean on additional carrier markets to provide quote options in those areas. We recognize the critical role that technology plays in managing public entity risks. MMA has made significant investments in state-of-the-art information technology systems and tools. These capabilities enable us to efficiently collect, analyze, and manage data related to public entity risks. Our technology infrastructure ensures accurate risk assessments, streamlined processes, and effective communication with our clients. We have a strong track record of working with various public sector clients, including municipalities, government agencies, and educational institutions. Our experience spans across different levels of government, from local to state and federal entities. We understand the unique challenges and regulatory environments that public entities face, allowing us to provide tailored risk management solutions. MMA has established relationships with several self-funded public sector clients. These clients have chosen to assume a portion or all of their own risk and rely on our expertise to develop and implement effective risk management strategies. Our experience in working with self-funded clients demonstrates our ability to provide customized solutions that align with their specific risk tolerance and financial objectives. By highlighting MMA's access to insurance markets, information technology capabilities, relationships with public sector clients, and experience with self-funded clients, we showcase our expertise in addressing public entity risks. Our comprehensive understanding of the pu sector MarshMMA.co Your future is limitless. NoMarshMcLennan Agency A business of Marsh McLennan landscape and our ability to tailor solutions to meet specific needs make us a valuable partner in managing and mitigating risks for public entities. 3. Describe the steps you would take in reviewing our current program and designing changes in the program. Include specific techniques and procedures your firm may use to assist in identifying current and anticipated new loss exposures to the City. Describe the Loss Control, Risk Management, Wellness and Legal service offered by your firm. MMA Staff will diligently review The City's loss experience, both on the Workers Compensation line, as well as package lines. Our team will run The City's loss experience through our proprietary tools that will reveal the City's total cost of risk over each of the last 10 year, 5 year and 3 year periods. This analysis is important to identify loss trends in each line of insurance. This PITA(point-in-time-analysis) will allow our team to model the deductible credits offered by LMCIT to help us determine what deductible levels work best for The City with cash-flow and risk tolerance top of mind. PTSD claims against LMCIT members workers compensation policies have been growing over the past 6 years and now account for 35% of all workers compensation claims dollars, so it is important to gauge the potential for PTSD claims to deteriorate The City's experience mod and for MMA and City staff to carefully consider which workers compensation plan will achieve the best financial results for the city, while also providing the city protection from large PTSD claims. 4. What are the transition expectations if the City uses your services. Your MMA team is prepared to hit the ground running upon being selected as your broker of record. Your MMA team will lead coordination between The City of Apple Valley and MMA through the transition process. Below is an overview of the transition process/tasks followed by a detailed timeline. • Receive signed BOR letters from The City of Apple Valley, MMA to send to the LMCIT — MMA is able to then request all loss runs and policies from the carriers directly • The City of Apple Valley to request an open items listing from current broker to send to MMA • The City of Apple Valley to request a certificate listing from current broker to send to MMA • MMA to schedule a standing call with The City of Apple Valley to guide the transition process • Introduce all MMA resources to The City of Apple Valley team and host kick-off a ent MarshMMA.co Your future is limitless. NIMarshMcLennan Agency A business of Marsh McLennan • MMA and The City of Apple Valley to meet and discuss historical strategies as well as legacy collateral, retentions, purchasing philosophies, safety initiatives, etc. • MMA to schedule formal renewal strategy meetings, credit meetings, and underwriter meetings leading up to renewal. Formal renewal request to be sent out leading up to renewal process but not immediately following transition Sample Transition Timeline Action Item Responsibility Date MMA Presentation to The City of Apple Valley MMA& City of Apple Valley TBD — 12/14? Scope of Services & Fee Agreement MMA& City of Apple Valley 12/22 Discussed &Agreed Upon MMAAssignment as Broker, BOR sent to City of Apple Valley 1/11 MMA Onboarding Transition Items Begin MMA 1/18 Establish MMA& The City of Apple Valley MMA& City of Apple Valley 1/25 Claims Reporting Protocol Updated Certificate Holder List Sent to MMA City of Apple Valley TBD Preparation of The City of Apple Valley Policy MMA TBD Summary 5. After the risk assessment is complete, how does your organization formulate a long-term Risk Management strategy for the next five years? Following MMA's initial program change recommendations (if any), our staff will annually review The City's claim experience to monitor an new trends in loss experience that may require adjustment in The City's overall insurance program and deductible structures. MarshMMA.co Your future is limitless.- NoMarshMcLennan Agency A business of Marsh McLennan 6. Please comment on your anticipated involvement in monitoring and assisting in claims preparation, management, negotiation and settlement. MMA claims colleagues typically ask that clients report all claims directly to LMCIT. If there are any particular claims that The City feels may be extraordinarily complex or any perceived red flags, MMA staff should be made aware of The City's concerns so that our team may closely monitor in order to shepherd the claim process through to the best outcome possible. 7. What services would you classify within the fee income and what services would you classify outside the fee income? List your fees for any additional services which may exceed the scope of duties and responsibilities contemplated within the set fee. We are proposing an annual fee of$17,000 for the placement of all lines of coverage with LMCIT. This fee amount is to include bi-annual detailed claims reports on both package and workers compensation lines as well as up to $1,700 in credits towards loss control services on an annual ongoing basis. Additional claims management and loss control services furnished by MMA will be billed according to The City's needs outside of this fee. We are open to a transparent conversation around compensation to ensure we come to an agreement in partnership. 8. The qualifications, experience, and professional designations of the agency's staff proposed to service The City's account. We envision that our team will act as an extension of The City of Apple Valley's management team.As your dedicated risk management consultant, Casey Nepper has direct first-hand experience in previously partnering as your risk management consultant. Casey has worked with municipalities across Minnesota. Casey started his career as an insurance underwriter for a super-regional insurance carrier where he developed a passion for partnering with and advocating for municipalities of different sizes, scope, and geographies. He quickly learned that there is no "one size fits all" approach for municipalities but the knowledge and solutions that he provides from that experience is invaluable. Working alongside Casey will be Ann Schuler. Ann has been with Marsh McLennan Agency for over 20 years and has spent the last 10 years specializing in Municipalities. Casey and Ann will partner together to take the time to get to deliver the highest level of service and protection for their municipal clients. Each member of your service team pledges to: MarshMMA.co Your future is limitless.- NoMarshMcLennan Agency A business of Marsh McLennan • Respond to questions and requests in a timely manner. • Maintain a monthly open-items list. • Work with you to identify and manage risk in an attempt to reduce your total cost of risk. • Represent your interests in the insurance marketplace. • Provide you with new ideas and information. • Develop procedures to ease program administration and claims handling. • Take an aggressive approach to controlling losses. • Act as your advocate in the event of a claim. 9. Agency premium volume excluding personal lines of coverage (health, life, etc.) Marsh is a well-respected broker in the insurance marketplace, representing the largest global volume in the world.As part of Marsh, MMA leverages Marsh's extensive array of world-class capabilities and resources while still maintaining a local entrepreneurial environment to help meet your objectives. Our combined market size gives you access to our negotiating leverage with the LMCIT, and other major insurance carriers. Our carrier partners collaborate with our team, and value our expertise in developing a fair and comprehensive package for our clients. MMA's premium volume is $4.2 billion. 10. Present limit of errors and omissions coverage in place for the agency. MMA is covered under a comprehensive insurance program designed by Marsh McLennan ("MMA"), its ultimate parent company. The insurance program provides limits of coverage that meet or exceed usual and customary standards of insurance for similar firms insuring similar risks. Should MMA be awarded the work pursuant to this RFP, the specific insurance requirements in connection with this engagement will be subject to review by MMA's Risk Management department. 11 . Any other agency resources or special qualifications that would be advantageous to The City, such as health insurance, life insurance and disability insurance. MMA will bring unique value to The City of Apple Valley through our high-touch consultativ approach, continuously being there for you in the "Moments that Matter"and our " o Class, Local Touch"service philosophy. MarshMMA.co Your future is limitless.- NIMarshMcLennan Agency A business of Marsh McLennan High Touch Consultative Approach We believe service quality is determined by the people we hire, the standards we hold them to, and the tools we provide to do their job. The foundation of our service model is a commitment to understand your business and support its growth by helping you manage risk. We will service your account with a differentiated approach via our service framework delivered through our most experienced specialists in the industry. Communication is key in any relationship and is especially important when looking at insurance, the ever-changing legal environment, and our clients changing strategic objectives. Our unique service model is set up to keep all of our clients up to date by establishing recurring meetings at a cadence that best suits each individual client. With almost all clients, we have a monthly open items report throughout the year and leading up to and following renewals that frequency typically moves to a weekly basis with other interim update between calls. Renewal strategy sessions are typically held 90-120 days prior to renewal and mid-year partnership strategy meetings are held mid-term to ensure that all client service related expectations are being met and that we are aligned strategically. In addition to the normal cadence of status update meetings, renewal meetings, and partnership meetings, we also work with many of our clients to provide "coverage 101" sessions, on-site claims reviews, loss control and safety meetings, among many other face to face meetings. We envision the MMA team acting as an extension of The City of Apple Valley's management team, being visible and in-person as much as needed. Our Partnership Review and Strategic Planning process is at the core of our success. As your risk prevention partner, it is our responsibility to ensure that we accurately understand your business direction, objectives, challenges and strategies, your culture, and your industry including how it relates to risk management. Our goal is to proactively respond to your risk management plan objectives and strategically partner with your team to ensure that you are able to make the most of the programs you put in place. Supported by a formalized document, we review the contents and make appropriate updates based on our quarterly meetings. These details are shared with anyone else internally who works with your organization, our executive team as well as your team. The partnership review document outlines all that has been accomplished, what still needs to be done, and addresses any new issues or challenges that may have arisen. Our engagements throughout the year will include: • Quarterly Engagement Meetings • Seminars and webinars throughout every month • Safety, Claims, Environmental, Human Resources and/or Health Management - consulting services (schedule established after full research conducted) MarshMMA.co Your future is limitless: NIMarshMcLennan Agency A business of Marsh McLennan "Moments that Matter" At MMA it is our number one priority to be there in the "Moments that Matter"for our clients. We are your partner and can be thought of as an extension of The City of Apple Valley management team. We believe in creating and maintaining strong and open working relationships between our clients and their insurers in order to help you solve issues effectively and efficiently. Being there for you in the "Moments that Matter" means: • Understanding the Mission of The City of Apple Valley and supporting that mission with our expertise, guidance, and world-class resources. • Our service team will develop a relationship with The City of Apple Valley and will be there to answer any questions you have in a thorough and timely manner. • When an incident or claim occurs, our team's top priority is The City of Apple Valley and all the respective parties involved—we will be there for you with every step to help you manoeuvre through the process, provide expertise, and advocate for you. • We celebrate your successes and are constantly working with you to ensure a safe environment for your students and staff. The MMA "World Class, Local Touch" Difference MMA provides a different risk management experience to educate clients. We seek first to understand your unique exposures and then strategize the most effective methods to address those issues. Insurance is an important tool in that process. It is through our many resources— premier brokerage services, enhanced underwriting negotiation, contractual reviews, and a host of loss prevention efforts—that we demonstrate true value to our clients. This difference is what we call World Class, Local Touch—bringing the resources of an international firm while recognizing the importance of a local relationship. MarshMMA.co Your future is limitless.- NIMarshMcLennan Agency A business of Marsh McLennan 12. List at least three references for municipal clients with contact information. City of Plymouth Jennifer Moreen, Human Resources Coordinator Phone: (763) 509-5073 JMoreen@plymouthmn.gov City of Edina Amy Murray, Risk & Safety Coordinator Phone: (952) 903-5779 AMurray@EdinaMN.gov City of Brooklyn Park LaTonia Green, Finance Director Phone: (763) 424-8000 LaTonia.Green@BrooklynPark.Org More References can be provided upon request by The City MarshMMA.co Your future is limitless: NoMarshMcLennan Agency A business of Marsh McLennan Agency Services 13. Describe the services your organization would provide, throughout the year, to our account. Sample Annual Service Timeline Item Timing Estimated Actual Completion Date Completion Date Quarterly Claim & Open Items / Status TBD TBD Update Call Customized Claims / Safety Service Plan Mid-Year/Off- TBD Delivery Cycle Partnership Strategy Meeting +180 Days Renewal Strategy Meeting +120 Days Renewal — Information Request to Client +60 Days (When received by the LMCIT) Final Proposal sent to Client +15 Days - Program Summary & Schematic - Coverage Comparison & Review - Income Transparency Policies Bound -30 days from 4/1 Renewal Effective Date 3/1/2024 Post-Renewal Meeting -30 Days / ®, MarshMMA.co Your future is limitless.- NIMarshMcLennan Agency A business of Marsh McLennan MarshMMA.co Your future is limitless: NoMarshMcLennan Agency A business of Marsh McLennan 14. Describe the service capabilities that set your Agency apart from its competitors. MMA is a unique organization with a passion for people, an exceptional client experience, and a drive to conduct ethical business. Whether through awards or statements made by colleagues and partners regionally, nationally, or globally, our team has consistently demonstrated our commitment to not only revolutionizing the industry, but the client and colleague experience as well. We will bring these strengths to support The City of Apple Valley in the below areas: • World Class, Local Touch. We have access to industry-leading resources but have a major presence in the local market with 340 local employees. This unique combination allows us to provide unrivalled service and resources to our clients. • Expertise / Specialization. We have unmatched specialization and expertise in the public sector space. Our size and scale allows our clients to have a "team of experts" available to support their needs at all times. • Analytics. We have invested heavily in proprietary analytics and are the industry leader in this area. These analytics models allow our clients to reduce Total Cost of Risk and make more informed decisions. • Enterprise Risk Management. We have the deepest ERM resources and expertise of any broker. These resources allow us to support our clients that have established or emerging ERM initiatives. • Property Expertise. Nearly half of the Fortune 500 choose Marsh, a world leader in property risk management, for market insights, global resources, and analytics that can reduce total cost of risk. • Cyber Expertise. Our organization has a dedicated team of network security and privacy (cyber) experts to manage this emerging risk. We have placed more than $200 million of cyber risk premiums in the U.S. market. Our tools and cyber experts can help you manage cyber risk with confidence. • Claims & Safety Resources. MMA has the deepest local team including 30 local Claims & Safety Specialists. Our team reduces Total Cost of Risk for clients by designing and delivering customized safety & claims service plans. • In-Person Underwriter Meetings. We believe that no one can tell the story to the market better than our clients themselves. As the broker we would host underwriter meetings wherever needed to tell The City of Apple Valley story direct to the market. MarshMMA.co Your future is limitless.- NIMarshMcLennan Agency A business of Marsh McLennan 15. Discuss the claims process as it relates to your firm. Claims Services The most direct benefit of any solid risk management program is a decrease in your premium. Our in-house claims professionals strive to reduce the impact of any claim on your premiums. Drawing upon an arsenal of proprietary tools, technical knowledge, and marketplace credibility, MMA specialists will help you control costs associated with risk.Ann Schuler, your assigned Account Executive will provide ongoing day-to-day advocacy, helping you make your way through sticky claim situations and providing strategic advice on a variety of claim-related issues. We will help The City: With MMA you will have experienced claims consultants acting as an extension of your team bringing: Respected strategic partnership with clients, carriers and vendors that allow us to a—ids escalate our clients' concerns and solve problems QLocal hands on approach with national resources which help us both understand a `0 situation more fully and engage whatever resources we have to get the best client e result possible Analytics to assess, monitor and support decisions 0 0 V MMA Claims Management Process: Maximizing coverage and facilitating communication for our clients Claim reporting The MMA team will internally track all claims for The City and have regular calls to ensure you are aware of the status of all open claims. We will pull claims data from the League and meet with The City regarding all open claims at the frequency that you prefer (quarterly, bi-monthly, etc.). -� MarshMMA.co Your future is limitless.- ,- NIMarshMcLennan Agency A business of Marsh McLennan 16. In no more than 100 words, offer any additional information related to why your firm should be The City of Apple Valley's selected broker. We are a Marsh McLennan business, delivering high-touch, local service wherever you need it. We have been trusted for years by the world's top companies and families because no one can match our access to world-class resources, industry thought leadership, extensive global carrier partnerships, innovative analytics, and catastrophe modeling. The MMA team will go above and beyond to partner and protect your city in the moments that matter. Casey's experience and prior partnership with municipalities is invaluable. Combined with the experience, resources, and service capabilities, our group is perfectly positioned to hit the ground running. More importantly, MMA will earn your business and trust with consistently reliable service that you can trust in a long-term partner. Marsh&McLennan Agency LLC(MMA),is part of the family of Marsh McLennan Companies,including Marsh,Guy Carpenter, Mercer,and the Oliver Wyman Group. This document and any recommendations, analysis, or advice provided by MMA(collectively, the"MMA Analysis")are intended solely for the entity identified as the recipient herein("you"). This document contains proprietary,confidential information of MMA and may not be shared with any third party, including other insurance producers,without MMA's prior written consent.Any statements concerning actuarial,tax,accounting,or legal matters are based solely on our experience as insurance brokers and risk consultants and are not to be relied upon as actuarial, accounting, tax, or legal advice, for which you should consult your own professional advisors.Any modeling, analytics, or projections are subject to inherent uncertainty, and the MMA Analysis could be materially affected if any underlying assumptions, conditions, information,or factors are inaccurate or incomplete or should change.The information contained herein is based on sources we believe reliable, but we make no representation or warranty as to its accuracy. MMA shall have no obligation to update it and shall have no liability to you or any other party with regard to the MMAAnalysis or to any services provided by a third party to you or MMA.MMA makes no representation or warranty concerning the application of policy wordings or the financial condition or solvency of insurers or reinsurers and makes no assurances regarding the availability, cost, or terms of insurance coverage.All decisions regarding the amount, type or terms of coverage shall be your ultimate responsibility. While MMA may provide advice and recommendations, you must decide on the specific coverage that is appropriate for your particular circumstances and financial position. By accepting this report,you acknowledge and agree to the terms,conditions, and disclaimers set forth above. This document is not intended to be taken as advice regarding any individual situation and should not be relied upon as such.Marsh&McLennan Agency LLC shall have no obligation to update this publication and shall have no liability to you or any other party arising out of this publication or any matter contained herein.Any statements concerning actuarial,tax, accounting or legal matters are based solely on our experience as consultants and are not to be relied upon as actuarial, accounting, tax or legal advice, for which you should consult your own professional advisors.Any modeling analytics or projections are subject to inherent uncertainty and the analysis could be materially affected if any underlying assumptions, conditions, information or factors are inaccurate or incomplete or should change. d/b/a in California as Marsh & McLennan Insurance Agency LLC;CA Insurance Lic:OH18131.Copyright©2021 Marsh&McLennan Agency LLC.All rights reserved. MarshMMA.com MarshMMA.co Your future is limitless: NoMarshMcLennan Agency Professional Services Agreement The City of Apple Valley and Apple Valley Farmington Rosemount Cable Commission March 1, 2024 Casey Nepper Ann Schuler Business Risk Consultant Client Executive W©ur fualm 8 OHT ROC@ao NoMarshMcLennan Agency AGREEMENT ("Agreement") effective March 1 , 2024 (the "Effective Date"), between Marsh & McLennan Agency LLC ("MMA"), and The City of Apple Valley and Apple Valley Farmington Rosemount Cable Commission. ("you"). It is agreed as follows: (g) Use best efforts to place insurance for you, but only after you have 1. Services authorized MMA to bind coverage for you; MMA will act as your insurance broker and/or risk management consultant with Services related to MMA placements respect to the lines of insurance listed in (h) Deliver confirmation of coverage Section 2. MMA shall provide to you the once it is placed; following services (the "Services"): (i) Follow up with insurance carriers to Pre-Marketing Services obtain policies and/or (a) Conduct an initial strategy endorsements. MMA may deliver discussion in advance of each your insurance policies and placement; endorsements to you electronically; (b) Assist you in assessing your risks (1) Review policies and endorsements and in developing insurance for conformity with agreed terms and specifications which MMA will submit coverages; to insurers; (k) Provide coverage summaries; (c) Recommend potential insurers; (I) At your request, issue certificates or Marketing and Placement Services memoranda of insurance and/or auto identification cards; (d) Solicit quotes from insurers that you select; (m) Review premium and exposure audits, rating adjustments, dividend (e) Negotiate on your behalf with calculations and loss data; insurers; (n) Provide you with invoices, except in (f) Assist you in evaluating the options the case of direct billing by insurers. received from insurers; Remit premiums to insurers and, where applicable, remit taxes and 2 yMarshMcLennan Agency fees to the relevant authorities, 2. Lines of Insurance following receipt thereof from you; (o) Monitor published financial Fee Coverages information of your current insurers Municipal Package and alert you when one of those insurers falls below MMA's minimum Open Meeting Law financial guidelines. Excess Liability Claims-Related Services (p) Provide the following claims-related Liquor Liability services: Workers' Compensation o Evaluate coverage applicability on all MMA placed business o Assist you in the development of If MMA places policies subsequent to this agreement, MMA shall receive commission settlement strategies on those placements. o Assist you with insurer negotiations MMA may utilize the services of intermediaries to place your insurance, subject to your approval. MMA may retain your information in paper or imaged format and may destroy paper copies if MMA retains digital images thereof. MMA may include, on an anonymous basis, information relating to your insurance program in benchmarking, modeling, analytic and insurance offerings. 3 NoMarshMcLennan Agency 3. Compensation advance and reflected in an amendment to MMA shall be compensated for its services this Agreement or a separate agreement. as follows: If there is a significant change in your Fee-Based Compensation operations or risks that affects the nature and scope of your insurance program MMA will deliver its Services to you for the and/or service needs, both parties agree to Fee Coverages for an annual fee of $17,000 renegotiate MMA's compensation in good plus any applicable sales tax if required by faith. state, for a period of one year. The fee shall be paid by you commencing March 1, 2024, Compensation Disclosure in one annual installment. Please see Appendix A for MMA's standard MMA shall credit against the annual fee any compensation disclosure, which may be retail commissions collected by them that updated from time to time. apply to the Fee Coverages. If these commissions for a contract year exceed the annual fee, then MMA will return any excess 4. Term and Termination retail commissions to you unless prohibited The term of this Agreement is one year by applicable anti-rebating laws. starting on the Effective Date and may be extended in writing. Commission-Based Compensation Either party may terminate this Agreement MMA shall be compensated for its Services upon 90 days' prior written notice. If MMA for the Commission Coverages through terminates this Agreement, MMA's commissions from insurers. compensation will be adjusted pro-rata to Any commissions collected by MMA shall reflect the duration of the Agreement. If be considered fully earned at the time of you terminate this Agreement, MMA's placement. If you terminate a policy before annual compensation will be deemed it expires, MMA will retain the commission it earned as follows: 60% at the has collected except that, if MMA places the commencement of the current contract year; replacement policy, MMA will return any 75% after four months of the current unearned commission. contract year; and 100% after seven months The form of MMA's compensation, whether of the current contract year. by fee, commission or both shall not affect The obligation of MMA to provide Services MMA's role as insurance broker or the to you will cease upon the effective date of scope of services provided by MMA. termination, unless otherwise agreed in MMA can provide additional services at an writing. additional cost. The cost and scope of additional services will be agreed in 4 yMarshMcLennan Agency 5. Taxes and Fees 7. Other Revenue MMA may place insurance for you that may If MMA assists you with obtaining premium require the payment of insurance premium financing, MMA may receive compensation taxes (including U.S. federal excise taxes), from the finance company that provides the sales taxes, use taxes, surplus or excess premium financing. lines and similar taxes and/or fees to MMA earns and retains interest income on federal, state or foreign regulators, boards premium payments held by MMA on behalf or associations. You agree to pay such of insurers between the time MMA receives taxes and fees. MMA will remit any taxes these payments from you and the time MMA and fees that it collects from you to the remits these payments to the insurers, appropriate authorities. where permitted by applicable law. 6. Your Responsibilities 8. Disclaimers; Limitation of You shall be solely responsible for the Liability accuracy and completeness of all MMA does not speak for any insurer, is not information that you furnish to MMA and/or bound to utilize any particular insurer and is insurers, and you shall sign any required not authorized to make binding application for insurance. MMA shall not be commitments on behalf of any insurer, responsible to verify the accuracy or except under special circumstances which completeness of any information that you MMA shall endeavor to make known to you. provide, and MMA shall be entitled to rely MMA shall not be responsible for the on that information. MMA shall have no solvency of any insurer or its ability or liability for any errors, deficiencies or willingness to pay claims, return premiums omissions in any Services provided to you, or other financial obligations. MMA does including the placement of insurance on not guarantee or make any representation your behalf, that are based on inaccurate or or warranty that insurance can be placed on incomplete information provided to MMA. terms acceptable to you. MMA will not take You understand that the failure to provide all any action to replace your insurers unless necessary information to an insurer, you instruct MMA to do so. The parties whether intentional or by error, could result acknowledge and agree that, in performing in the impairment or voiding of coverage. the Services, MMA and its affiliates are not You will review all policy documents acting as a fiduciary for Client, except to the provided to you by MMA. extent required by applicable law, and do not have a fiduciary or other enhanced duty to you. Any reports or advice provided by MMA should not be relied upon as 5 NoMarshMcLennan Agency accounting, legal, regulatory or tax advice. In all instances, MMA recommends that you In all instances, MMA recommends that you seek your own advice on accounting, legal, seek your own advice on such matters from regulatory and tax matters from professional professional accounting, legal, regulatory legal and tax advisers. and tax advisors. MMA may provide you with modeling and/or MMA will not be responsible for the business analytics services, including adequacy or effectiveness of any insurance hazard loss and catastrophe modeling, loss programs or policies implemented by forecasting and triangles, adverse event another broker, or any acts or omissions simulation, scenario and portfolio risk occurring prior to MMA's engagement. analysis, decision mapping, risk bearing and In no event shall either party to this risk retention tolerance analysis and Agreement be liable for any indirect, insurance program evaluation analysis special, incidental, consequential or punitive ("Modeling and Analytics"). Modeling and damages or for any lost profits arising out of Analytics services will be based upon a or relating to any services provided by MMA number of assumptions, conditions and or its affiliates. The aggregate liability of factors. If any of them or any information Marsh & McLennan Agency, its affiliates provided to MMA are inaccurate or and its and their employees to you or your incomplete or should change, the Modeling affiliates arising out of or relating to the and Analytics provided by MMA could be provision of services by MMA or its affiliates materially affected. These services are shall not exceed $10,000,000. This subject to inherent uncertainty, and actual provision applies to the fullest extent results may differ materially from that permitted by applicable law and to all projected by MMA. They are provided solely causes of action, including, without for your benefit, and do not constitute, and limitation, breach of contract, breach of are not intended to be a substitute for, warranty, negligence, strict liability, actuarial, accounting or legal advice. MMA misrepresentation and other torts. shall have no liability to any third party in connection with these services or to you MMA may provide to you information and with regard to any services performed or services related to insurance regulatory and provided by a third party. Except to your insurance tax issues relating to your insurers in connection with the placement of insurance program. Any reports or advice coverage by MMA, you shall not share any provided by MMA will be based on publicly of MMA's Modeling and Analytics work available information and MMA's experience product with a third party without MMA's as an insurance broker and risk consultant prior written consent. in dealing with such matters for other clients and should not be relied upon as accounting, legal, regulatory or tax advice. 6 NoMarshMcLennan Agency 9. Miscellaneous supersede all other agreements or The laws of the State of New York govern understandings, related to its subject this Agreement. This Agreement may only matter. be amended by mutual written agreement. Neither party will have any liability for any Each party, on behalf of itself and its failure or delay in performing because of a affiliates, to the fullest extent permitted by force majeure event. law, knowingly, voluntarily, and intentionally Nothing express or implied in this waives its right to a trial by jury in any action Agreement is intended to confer, nor shall or other legal proceeding arising out of or anything herein confer, upon any person relating to this Agreement or any services other than the parties and the respective provided by MMA or its affiliates. The waiver successors or assigns of the parties, any applies to any action or legal proceeding, rights, remedies, obligations, or liabilities whether sounding in contract, tort or whatsoever. otherwise. Each party, on behalf of itself and its affiliates, also agrees not to include any employee, officer or director of the other DATA PRACTICES party or its affiliates as a party in any such Pursuant to Minn. Stat. § 13.05, subd. 11, action or proceeding. all of the data created, collected, received, It is the intent of the parties that the stored, used, maintained, or disseminated provisions of this Agreement shall be by MMA in performing a City function under enforced to the fullest extent permitted by this Agreement is subject to the applicable law. To the extent that the terms requirements of the Minnesota Government set forth in this Agreement or any word, Data Practices Act, Minnesota Statutes phrase, clause or sentence is found to be Chapter 13, and MMA must comply with illegal or unenforceable for any reason, those requirements as if it were a such word, phrase, clause or sentence shall government entity. be modified or deleted in such manner so as to afford the party for whose benefit it was intended the fullest benefit AUDIT commensurate with making this Agreement, Pursuant to Minn. Stat. §§ 6.551 and as modified, enforceable, and the balance 16C.05, subd. 5, MMA's books, records, of this Agreement shall not be affected documents, and accounting procedures and thereby, the balance being construed as practices relevant to this Agreement are severable and independent. subject to examination by the City, and This Agreement and its written amendments either the Legislative Auditor or State and appendices constitute the entire Auditor, as appropriate, for a minimum of six understanding between MMA and you, and years from the end of this Agreement. 7 NoMarshMcLennan Agency Accepted and Agreed: Marsh & McLennan Agency LLC By: Date: Casey Nepper, Business Risk Consultant The City of Apple Valley and Apple Valley Farmington Rosemount Cable Commission By: Date: Clint Hooppaw, Mayor By: Date: Pamela Gackstetter, City Clerk 8 NoMarshMcLennan Agency Appendix A Compensation Disclosure Marsh & McLennan Agency LLC ("MMA") prides itself on being an industry leader in the area of transparency and compensation disclosure. We believe you should understand how we are paid for the services we are providing to you. We are committed to compensation transparency and to disclosing to you information that will assist you in evaluating potential conflicts of interest. As a professional insurance producer, MMA and its subsidiaries facilitate the placement of insurance coverage on behalf of our clients. As an independent insurance agent, MMA may have authority to obligate an insurance company on behalf of our clients and as a result, we may be required to act within the scope of the authority granted to us under our contract with the insurer. In accordance with industry custom, we are compensated either through commissions that are calculated as a percentage of the insurance premiums charged by insurers, or fees agreed to with our clients. MMA engages with clients on behalf of itself and in some cases as agent on behalf of its non-US affiliates with respect to the services we may provide. For a list of our non-US affiliates, please visit: https://mma.marshmma.com/non-us-affiliates. In those instances, MMA will bill and collect on behalf of the non-US Affiliates amounts payable to them for placements made by them on your behalf and remit to them any such amounts collected on their behalf. MMA receives compensation through one or a combination of the following methods: • Retail Commissions —A retail commission is paid to MMA by the insurer (or wholesale broker) as a percentage of the premium charged to the insured for the policy. The amount of commission may vary depending on several factors, including the type of insurance product sold and the insurer selected by the client. • Client Fees — Some clients may negotiate a fee for MMA's services in lieu of, or in addition to, retail commissions paid by insurance companies. Fee agreements are in writing, typically pursuant to a Client Service Agreement, which sets forth the services to be provided by MMA, the compensation to be paid to MMA, and the terms of MMA's engagement. The fee may be collected in whole, or in part, through the crediting of retail commissions collected by MMA for the client's placements. • Contingent Commissions — Many insurers agree to pay contingent commissions to insurance producers who meet set goals for all or some of the policies the insurance producers place with the insurer during the current year. The set goals may include volume, profitability, retention and/or growth thresholds. Because the amount of contingent commission earned may vary depending on factors relating to an entire book of business over the course of a year, the amount of contingent commission attributable to any given policy typically will not be known at the time of placement. 9 MOMarshMcLennan Agency • Supplemental Commissions — Certain insurers and wholesalers agree to pay supplemental commissions, which are based on an insurance producer's performance during the prior year. Supplemental commissions are paid as a percentage of premium that is set at the beginning of the calendar year. This percentage remains fixed for all eligible policies written by the insurer during the ensuing year. Unlike contingent commissions, the amount of supplemental commission is known at the time of insurance placement. Like contingent commissions, they may be based on volume, profitability, retention and/or growth. • Wholesale Broking Commissions — Sometimes MMA acts as a wholesale insurance broker. In these placements, MMA is engaged by a retail agent that has the direct relationship with the insured. As the wholesaler, MMA may have specialized expertise, access to surplus lines markets, or access to specialized insurance facilities that the retail agent does not have. In these transactions, the insurer typically pays a commission that is divided between the retail and wholesale broker pursuant to arrangements made between them. • Other Compensation & Sponsorships — From time to time, MMA may be compensated by insurers for providing administrative services to clients on behalf of those insurers. Such amounts are typically calculated as a percentage of premium or are based on the number of insureds. Additionally, insurers may sponsor MMA training programs and events. We will be pleased to provide you additional information about our compensation and information about alternative quotes upon your request. For more detailed information about the forms of compensation we receive please refer to our Marsh & McLennan Agency Compensation Guide at imps.nwww.niaisnnuiia.uurniusicunipeiisd1k yuiuu.nuni. MMA's aggregate liability arising out of or relating to any services on your account shall not exceed ten million dollars ($10,000,000), and in no event shall we be liable for any indirect, special, incidental, consequential or punitive damages or for any lost profits or other economic loss arising out of or relating to such services. In addition, you agree to waive your right to a jury trial in any action or legal proceeding arising out of or relating to such services. The foregoing limitation of liability and jury waiver shall apply to the fullest extent permitted by law. 10 • ITEM: 4.R. ••••• • ••• COUNCIL MEETING DATE: January 11, 2024 Apple Valley SECTION: Consent Agenda Description: Approve Professional Services Agreement with Johnson Laffen Galloway Architects, Ltd., d/b/a JLG Architects, for Design and Development of Apple Valley Community Center/Apple Valley Senior Center Associated with 2023 Parks Bond Referendum Staff Contact: Department/ Division: Eric Carlson, Parks & Recreation Director Parks and Recreation Department ACTION REQUESTED: Approve Professional Services agreement with Johnson Laffen Galloway Architects, Ltd., d/b/a JLG Architects, for design and development of Apple Valley Community Center/Apple Valley Senior Center associated with the 2023 Parks Bond Referendum, in the amount of $637,500 plus reimbursable expenses estimated at $20,000. SUMMARY: Staff is seeking authorization to enter into an Agreement with Johnson Laffen Galloway Architects, Ltd., d/b/a JLG Architects, to lead the planning and design of the proposed improvements to the Apple Valley Community Center/Apple Valley Senior Center associated with the 2023 Parks Bond Referendum. Proposed improvement include: • Expanded existing Senior Center coffee lounge • Additional space for an indoor playground • Additional space for a small fitness space • Additional space for recreation programs, public rentals, and storage • Updated existing Community Center lobby, meeting rooms, and office space • Explore options for energy efficiency (such as solar) We anticipate the following schedule: 1. Design and public engagement - January 2025 - December 2025 2. Phased construction- January 2026 - September 2027 3. Staged construction completed by October 2027 We anticipate working closely with the Apple Valley Seniors, EVAA, VAA, and the entire community as we develop plans for Apple Valley Community Center/Apple Valley Senior Center. Please note that this proposal was reviewed by the Parks and Recreation Advisory Committee at their December 7, 2023, meeting, and the Committee is recommending approval. A standard AIA contract will be used for this Agreement, which has been reviewed and approved by the City Attorney's office and is attached for reference. BACKGROUND: For the last several years, the City of Apple Valley has worked with the community to determine the future needs and desires residents have for parks and recreation services. On Tuesday, November 7, Apple Valley voters approved two separate questions in a special election, authorizing a total of $73.25 million to invest in parks, trails, natural resources, Kelley Park, Redwood Park, Hayes Arena, the Apple Valley Family Aquatic Center, the Apple Valley Community Center and Senior Center, a youth baseball/softball complex at Hayes Park, and a community pool at Redwood Park. It will take four to six years to implement the improvements approved by voters. As we develop projects, we will involve residents in the planning process. Information on the plans and construction progress will be provided on our website so residents can see what work is planned for each location and how the referendum dollars are being spent. Staff is currently working on the selection of a Construction Manager. We anticipate hiring the same firm to manage the construction of Kelley Park, Redwood Park, AVFAC, AVCC/AVSC, and the youth baseball/softball complex at Hayes Park. Staff is still determining the best method for delivering the hundreds of smaller projects proposed in the referendum. BUDGET IMPACT: Funding for this Agreement comes from the successful 2023 Parks Bond Referendum. The project budget for AVCC/AVSC is $10,600,000. ATTACHMENTS: Proposal Agreement JL architects November 28, 2023 (Revised 12/2/2023) Mr. Eric Carlson Parks and Recreation Director,CPRE 14603 Hayes Rd Apple Valley,MN 55124 Via Email: eric.carlson@applevalleymn.gov RE: Professional Services Fee Proposal for Apple Valley Community and Senior Center Dear Eric: Per our discussions and as requested,JLG Architects is pleased to submit a fee proposal for architectural and engineering services for the addition and renovation projects for Apple Valley Community Center and Senior Center,along with exterior improvements that support the project. It is understood that the project budget is$10.6M based on the previous study 292/JLG completed in 2023.The construction budget is estimated at$8.5M(80%of$10.6M) Professional Architectural and Engineering Services JLG will lead the project for architectural and engineering design and coordination. Project scope includes: • Expanded senior coffee lounge and outdoor terrace • Multi-purpose room storage • Warming house relocation • Parking lot upgrades/expansion and lighting • Bathrooms; unisex and adult changing • Fitness space • Indoor playground • Locker room modifications • Meeting room upgrades • Office space upgrades • Maintenance garage • Youth athletics storage • Roof replacement • Solar(including roof at Hayes Rink) • Landscape upgrades;include natural prairie/butterflies/surface water • Paint exterior of community center and Hayes arena • Pickleball courts • Plus,items as outlined on Attachment A,attached hereto Apple Valley Community Center and Senior Center • Stakeholder engagement to consist of meeting with stakeholders as identified by the City of Apple Valley.The meetings can be virtual or in-person.JLG anticipates 3 to 5 groups and staff meetings to cover the engagement part of the project. Also,JLG will provide all materials required for posting on Social Pinpoint and the city's website. • Traditional Schematic Design, Design Development,and Construction Documents for Apple Valley Community Center and Senior Center Improvements. • Cost estimates and engineering estimates for the work. • Bidding and construction administration services. Including pre-construction meetings,review shop drawings, process payment applications and process field administration items. • Prepare a punch-list and assist with closing out the project. • Prepare final as-builts based on the general contractors marked up field drawings. Schedule: The anticipated schedule for the projects is as follows: Project planning will happen in 2025 with construction anticipated in 2026.The schedule will be refined as further conversations are held between the city,design-team,and construction management team (CM TBD). Compensation: JLG will provide Architectural services, Nelson-Rudie and Associates will provide Structural and MEP engineering services,and Confluence will provide civil engineering and landscape architecture services. JLG recommends a percentage-based compensation approach based on the budget estimate established during the study phase of the project that was completed in 2023. JLG proposes a 7.5%fee.The fee will be converted to a fixed fee after an approved Design Development budget by the city. Utilizing the construction cost budget of$8.5M this equates to a fee of $637,500.The fee per discipline is as follows: JLG Architects $382,500.00* Nelson-Rudie and Associates $210,000.00" Confluence $45,000.00" Total Phase 1 B Compensation $637,500.00 *The fee split between firms are estimates until final scope of each discipline is determined during the schematic design phase The above fees do not include other specialty consultants,reimbursable expenses,special inspections,and permit fees. Reimbursable expenses for travel, postage, reproductions are estimated at$20,000. The city should anticipate additional fees will be incurred for the following services that are not a part of the services outlined above: • Site Survey of outdoor areas impacted by the expansion. Fee is estimated at$15,000.00 • Soil borings for expansion area. Fee is estimated at$9,000.00 • Special inspections. Fee is estimated at$20,000.00 The JLG Architects Team believes the above noted fee is a competitive fee for the scope of services being provided. If you have any questions, please feel free to call me to discuss. JLG would convert this proposal into an industry standard AIA B133 or B101 contract based on the delivery method used for construction. Our team is ready to start on this important project,and each of the team members are committed to providing the City of Apple Valley with the personal dedication it deserves. We know our team's relevant experience and passion for this project type will make this project a true success.We appreciate the opportunity to submit our fee and look forward to discussing how we can assist you in this significant effort. Sincerely, Thomas J. Betti,AIA, NCARB Senior Principal APPROVED BY: By: Its: Date: Attachment A AVCC/AVSC 1) Highlights a) Building i) Playground Room Size/Ceiling Height ii) Fitness Space iii) Centralize Entrance? iv) Bathrooms (1) Unisex? (2) Adult Changing? v) Locker Room modification vi) Meeting Room Upgrades/Relocation vii) Office Space Upgrades/Relocation viii)Warming House Relocation ix) Maintenance Garage x) Youth Athletic "warehouse" storage xi) Roof Replacement xii) Mechanical system updates/replacement 2) Miscellaneous a) Lighting(LED) b) Surface water management c) Solar(including roof of Hayes Rink) d) Coordinate exterior and entrances of AVCC/AVSC/Hayes Arena Document B133® - 2019 Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition AGREEMENT made as of the Eleventh day of January in the year Two Thousand and Twenty Four ADDITIONS AND DELETIONS: (In words, indicate day, month and year.) The author of this document has added information needed for its BETWEEN the Architect's client identified as the Owner: completion.The author may also (Name, legal status, address, and other information) have revised the text of the original AIA standard form.An Additions and City of Apple Valley Deletions Report that notes added 7100 147th Street W Apple Valley,MN 55124 information as well as revisions to the 952-953-2500 standard form text is available from the author and should be reviewed.A vertical line in the left margin of this and the Architect: document indicates where the author (Name, legal status, address, and other information) has added necessary information and where the author has added to or Johnson Laffen Galloway Architects,Ltd.d/b/a JLG Architects deleted from the original AIA text. 710 South 2nd Street This document has important legal 8th Floor consequences.Consultation with an Minneapolis,MN 55401 attorney is encouraged with respect to its completion or modification for the following Project: This document is intended to be used (Name, location, and detailed description) in conjunction with AIA Documents A201-2017'1",General Conditions of 24006-Apple Valley Community&Senior Center the Contract for Construction; A133-2019TM Standard Form of The Construction Manager(if known): Agreement Between Owner and (Name, legal status, address, and other information) Construction Manager as Constructor where the basis of To be determined payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum The Owner and Architect agree as follows. Price;and Al34-2019TM Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee without a Guaranteed Maximum Price.AIA Document A201 TM-2017 is adopted in this document by reference.Do not use with other general conditions unless this document is modified. Init. AIA Document B133-2019.Copyright 02014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:58:18 ET on 01/04/2024 under Order No 4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts corn. User Notes: (1917531733) TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (For each item in this section, insert the information or a statement such as "not applicable"or "unknown at time of execution.') § 1.1.1 The Owner's Overview for the Project: (Insert the Owner's program, identify documentation that establishes the Owner's program, or state the manner in which the program will be developed) The Project includes professional design services,construction,and implementation of improvements to the Apple Valley Community&Senior Center.The process will involve community engagement,city approvals,council and committee meetings,and cost estimating.The Architect's project team will include Architecture,Civil Engineering,Electrical Engineering, Structural Engineering,and Mechanical Engineering and Aquatic Engineering,design and coordination services,as well as branding consultation. The Project includes preliminary evaluation and preliminary design(concept design)and the preparation of Schematic Design,Design Development,and Construction Documentation for all improvements as identified in the approved concept design.The Project may include expanded senior coffee lounge and outdoor terrace,warming house relocation, roof replacement,and upgrades to and/or addition of:parking lot,parking lot lighting,restrooms,fitness space,indoor playground,locker room,meeting room,office spaces,maintenance garage,youth athletic storage,landscape,and solar. § 1.1.2 The Project's physical characteristics: (Identf or describe pertinent information about the Project's physical characteristics, such as size; location; dimensions;geotechnical reports;site boundaries; topographic surveys; traffic and utility studies;availability of public and private utilities and services; legal description of the site, etc.) The Project is located at 14601-14603 Hayes Road,Apple Valley MN 55124. § 1.1.3 The Owner's budget: Init. AIA Document B133—2019.Copyright 02014,and 2019 All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This document was produced at 16:58:18 ET on 01/04/2024 under 2 Order No.4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts corn. User Notes: (1917531733) (Provide total and, if known, a line item breakdown.) Ten Million Six Hundred Thousand Dollars and Zero Cents($10,600,000.00)is the total budget for the Project,which includes an estimated Eight Million Five Hundred Thousand and no/100 Dollars($8,500,000.00)for the Cost of Work defined in Section 6.1 plus compensation of the Architect;plus the compensation of the Construction Manager;plus contingencies for changes in the Work;and plus any costs that are the responsibility of the Owner. § 1.1.4 The Owner's anticipated design and construction milestone dates: .1 Design phase milestone dates,if any: January 2025—December 2025 .2 Construction commencement date: January 2026—September 2027 .3 Substantial Completion date or dates: October 2027 .4 Other milestone dates: § 1.1.5 The Owner intends to retain a Construction Manager pursuant to one of the following agreements: (Indicate agreement type.) AIA Document A133-2019,Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price,as amended by Owner.OR AIA Document A134-2019,Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee without a Guaranteed Maximum Price,as amended by Owner. § 1.1.6 (Paragraphs deleted) Intentionally deleted. § 1.1.7 (Paragraphs deleted) Intentionally deleted. § 1.1.7.1 Intentionally deleted. § 1.1.8 The Owner identifies the following representative in accordance with Section 5.4: (List name, address, and other contact information.) Eric Carlson 7100 147th Street W Apple Valley,MN 55124 952-953-2310 Eric.Carlson@applevalleymn.gov § 1.1.9 The persons or entities,in addition to the Owner's representative,who are required to review the Architect's submittals to the Owner are as follows: (List name, address, and other contact information.) Init. AIA Document B133—2019 Copyright 02014,and 2019.Al!rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:58:18 ET on 01/04/2024 under 3 Order No 4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1917531733) Kayla Hechsel 7100 147th St W Apple Valley,MN 55124 952-953-2304 Kayla.hechsel@applevalleymn.gov § 1.1.10 The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information.) .1 Construction Manager: (The Construction Manager is identified on the cover page. If a Construction Manager has not been retained as of the date of this Agreement,state the anticipated date of retention.If the Architect is to assist the Owner in selecting the Construction Manager, complete Section 4.1.1.1) To be determined. .2 Land Surveyor: .3 Geotechnical Engineer: To be determined(if needed) .4 Civil Engineer: .5 Other consultants and contractors: (List any other consultants and contractors retained by the Owner.) § 1.1.11 The Architect identifies the following representative in accordance with Section 2.4: (List name, address, and other contact information.) Adam Meyerring JLG Architects 710 South 2nd Street 8th Floor Minneapolis,MN 55401 Telephone Number:612-398-7450 Mobile Number:612-819-4088 ameyerring@j1garchitects.com Init. AIA Document B133—2019.Copyright 02014,and 2019 All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AlA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This document was produced at 16:58:18 ET on 01/04/2024 under 4 Order No.4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1917531733) § 1.1.12 The Architect shall retain the consultants identified in Sections 1.1.12.1 and 1.1.12.2: (List name, legal status, address, and other contact information.) § 1.1.12.1 Consultants retained under Basic Services: .1 Architect: .2 Civil Engineer: Confluence,Inc. 901 North Third Street,Suite 225,Minneapolis,MN 55401 .3 Structural Engineer: Nelson-Rudie&Associates,Inc. 9100 49th Ave N Minneapolis,Minnesota 55428 .4 Mechanical Engineer: Nelson-Rudie&Associates,Inc. 9100 49th Ave N Minneapolis,Minnesota 55428 .5 Electrical Engineer: Nelson-Rudie&Associates,Inc. 9100 49th Ave N Minneapolis,Minnesota 55428 § 1.1.12.2 Intentionally deleted. § 1.1.13 Intentionally deleted. § 1.2 The Owner and Architect may rely on the Initial Information.Both parties,however,recognize that the Initial Information may materially change and,in that event,the Owner and the Architect shall appropriately adjust the Architect's services,schedule for the Architect's services,and the Architect's compensation.The Owner shall adjust the Owner's budget for the Cost of the Work and the Owner's anticipated design and construction milestones,as necessary,to accommodate material changes in the Initial Information. § 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. (Paragraph deleted) ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide professional services as set forth in this Agreement and the Construction Documents for the Project.The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement,or shall cause such services to be performed by appropriately licensed design professionals. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances.The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. Init. AIA Document B133—2019.Copyright©2014,and 2019.All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This document was produced at 16:58:18 ET on 01/04/2024 under 5 Order No.4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents'Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com User Notes: (1917531733) § 2.3 The Architect shall provide its services in conjunction with the services of a Construction Manager as described in the agreement between the Owner and Construction Manager and Contract Documents for Project.The Architect shall not be responsible for actions taken by the Construction Manager. § 2.4 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.5 Except with the Owner's knowledge and consent,the Architect shall not engage in any activity,or accept any employment,interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 2.6 Insurance.The Architect shall maintain the following insurance until termination of this Agreement. § 2.6.1 Commercial General Liability with policy limits of not less than($2,000,000.00)for each occurrence and ($4,000,000.00)in the aggregate for bodily injury and property damage. § 2.6.2 Automobile Liability covering vehicles owned,and non-owned vehicles used,by the Architect with policy limits of not less than($1,000,000.00)per accident for bodily injury,death of any person,and property damage arising out of the ownership,maintenance and use of those motor vehicles,along with any other statutorily required automobile coverage. § 2.6.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability and Employers Liability through a combination of primary and excess or umbrella liability insurance,provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.6.1 and 2.6.2 and 2.6.5,and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. § 2.6.4 Workers'Compensation at statutory limits. § 2.6.5 Employers'Liability with policy limits not less than($2,000,000.00)each accident,($2,000,000.00)each employee,and($2,000,000.00)policy limit. § 2.6.6 Professional Liability covering negligent acts,errors and omissions in the performance of professional services, with policy limits of not less than($5,000,000.00)per claim and($5,000,000.00)in the aggregate.The Architect agrees that the deductible within its Professional Liability policy shall not exceed$200,000.00. § 2.6.7 Additional Insured Obligations.To the fullest extent permitted by law,the Architect shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Architect's negligent acts or omissions.The additional insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations.The Architect shall cause the primary and excess or umbrella policies for Commercial General Liability and Automobile Liability and Professional Liability policy to include a statement that such insurance cannot be cancelled until thirty(30)days after the Owner has received written notice of the insured's intention to cancel the insurance,except of 10 days notice of cancellation due to non-payment.. § 2.6.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.6 prior to commencement of Architect's Basic Services hereunder and prior to the expiration of the term dates identified on the certificates for the insurance listed thereon. ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in this Article 3 and include usual and customary structural,mechanical,civil,aquatic and electrical engineering and landscape services.Services not set forth in this Article 3 are Additional Services. § 3.1.1 The Architect shall manage the Architect's services,research applicable design criteria,attend Project meetings, communicate with members of the Project team,and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services and its consultants'services with those services provided by the Owner, the Construction Manager,and the Owner's consultants(if any).The Architect shall be entitled to rely on,and shall not be Init. AIA Document B133—2019.Copyright©2014,and 2019 All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This document was produced at 16:58:18 ET on 01/04/2024 under 6 Order No 4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1917531733) responsible for,the accuracy,completeness,and timeliness of,services and information furnished by the Owner,the Construction Manager,and the Owner's consultants(if any).The Owner,shall be entitled to rely on,and shall not be responsible for the accuracy,completeness,and timeliness of the services and information furnished by the Architect and Architect's consultants.The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error,omission,or inconsistency in such services or information furnished by the Owner,the Construction Manager, and the Owner's consultants(if any).The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any error,omission,or inconsistency in such services and information furnished by the Architect or the Architect's consultants. § 3.1.3 As soon as practicable after the date of this Agreement,the Architect shall submit,for the Owner's review and approval,a schedule for the performance of the Architect's services.The schedule shall include design phase milestone dates,as well as the anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information.The schedule shall include allowances for periods of time required for the Owner's selection of a Construction Manager,the Owner's review of the schedule,for the Construction Manager's review of the schedule,for the performance of the Construction Manager's Preconstruction Phase services,for the performance of the Architect's consultants,for the performance of the Owner's consultants(if any),and for approval of submissions by authorities having jurisdiction over the Project.Once reviewed by both the Owner and Construction Manager and approved by the Owner after receipt of the Construction Manager's recommendation/comments,time limits established by the schedule shall not,except for reasonable cause,be exceeded by the Architect or Owner.With the Owner's approval,the Architect shall adjust the schedule,if necessary,as the Project proceeds until the commencement of construction. § 3.1.4 The Architect shall submit information to the Construction Manager and participate in developing and revising the Project schedule as it relates to the Architect's services.The Architect shall review and approve,or take other appropriate action upon,the portion of the Project schedule relating to the performance of the Architect's services. §3.1.5 The Architect shall not be responsible for an Owner's directive or substitution,or for the Owner's acceptance of non-conforming work,made or given without the Architect's written approval. § 3.1.6 The Architect shall,in coordination with the Construction Manager,contact governmental authorities required to approve the Construction Documents and entities providing utility services to the Project.The Architect shall respond to applicable design requirements imposed by those authorities and entities. § 3.1.7 The Architect shall assist the Owner and Construction Manager in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.1.8 Prior to the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal,or the Owner's approval of the Construction Manager's Control Estimate,as applicable,the Architect shall consider the Construction Manager's requests for substitutions and,upon written request of the Construction Manager,provide clarification or interpretations pertaining to the Drawings,Specifications,and other documents submitted by the Architect.The Architect and Construction Manager shall include the Owner in communications related to substitution requests,clarifications,and interpretations. §3.2 Review of the Construction Manager's Guaranteed Maximum Price Proposal or Control Estimate § 3.2.1 At a time to be mutually agreed upon by the Owner and the Construction Manager,the Construction Manager shall prepare,for review by the Owner and Architect,and for the Owner's acceptance or approval,a Guaranteed Maximum Price proposal or Control Estimate.The Architect shall assist the Owner in reviewing the Construction Manager's proposal or estimate.The Architect's review is not for the purpose of discovering errors,omissions,or inconsistencies;for the assumption of any responsibility for the Construction Manager's proposed means,methods,sequences,techniques,or procedures;or for the verification of any estimates of cost or estimated cost proposals.In the event that the Architect discovers any inconsistencies or inaccuracies in the information presented,the Architect shall promptly notify the Owner and Construction Manager. § 3.2.2 Upon authorization by the Owner,the Architect shall update the Drawings,Specifications,and other documents to incorporate the agreed upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment or Control Estimate. Init. AIA Document B133-2019.Copyright @ 2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AlA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:58 18 ET on 01/04/2024 under 7 Order No.4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1917531733) § 3.3 Schematic Design Phase Services § 3.3.1 The Architect shall review the overview,and other information furnished by the Owner and Construction Manager,and shall review laws,codes,and regulations applicable to the Architect's services. § 3.3.2 The Architect shall prepare a preliminary evaluation of the Owner's overview,schedule,budget for the Cost of the Work,Project site,and other Initial Information,each in terms of the other,to ascertain the requirements of the Project. The Architect shall notify the Owner of(1)any inconsistencies discovered in the information,and(2)other information or consulting services that may be reasonably needed for the Project. § 3.3.3 The Architect shall present its preliminary evaluation to the Owner and Construction Manager and shall discuss with the Owner and Construction Manager alternative approaches to design and construction of the Project.This shall include,but not be limited to,a preliminary concept meeting with the Owner's planning,engineering,and inspections staff.The Architect shall reach an understanding with the Owner regarding the requirements of the Project.The Architect and the Owner's staff shall meet in the preliminary evaluation process as needed upon the request of either the Architect or the Owner's staff § 3.3.4 Based on the Project requirements agreed upon with the Owner,the Architect shall prepare and present,to the Owner and Construction Manager,for the Owner's approval,at least two preliminary design/concept design options illustrating the scale and relationship of the Project components.The Architect and the Owner's shall meet staff in the preliminary design/concept design process as needed upon the request of either the Architect or the Owner's staff § 3.3.5 Based on the Owner's approval of the preliminary design,the Architect shall prepare Schematic Design Documents for Construction Manager's review and the Owner's approval.The Schematic Design Documents shall consist of drawings and other documents including a site plan,if appropriate,and preliminary building plans,sections and elevations;and may include some combination of study models,perspective sketches,or digital representations. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.3.5.1 The Architect shall consider sustainable design alternatives,such as material choices and building orientation, together with other considerations based on program and aesthetics,in developing a design that is consistent with the Owner's program,schedule and budget for the Cost of the Work. § 3.3.5.2 The Architect shall consider with the Owner and the Construction Manager the value of alternative materials, building systems and equipment,together with other considerations based on program and aesthetics,in developing a design for the Project that is consistent with the Owner's program,schedule,and budget for the Cost of the Work. § 3.3.6 The Architect shall submit the Schematic Design Documents to the Owner and the Construction Manager.The Architect shall meet with the Construction Manager and Owner to review the Schematic Design Documents.The Architect and the Owner's staff shall meet in the Schematic Design Documents process as needed upon the request of either the Architect or the Owner's staff § 3.3.7 Upon receipt of the Construction Manager's review comments and cost estimate at the conclusion of the Schematic Design Phase,the Architect shall take action as required under Section 6.4,and request the Owner's approval of the Schematic Design Documents.If revisions to the Schematic Design Documents are required to comply with the Owner's budget for the Cost of the Work at the conclusion of the Schematic Design Phase,the Architect shall incorporate the required revisions in the Construction Documentation Phase. § 3.3.8 In the further development of the Drawings and Specifications during this and subsequent phases of design,the Architect shall be entitled to rely on the accuracy of the estimates of the Cost of the Work,which are to be provided by the Construction Manager under the Construction Manager's agreement with the Owner. § 3.4 Design Development Phase Services § 3.4.1 Based on the Owner's approval of the Schematic Design Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Design Development Documents for the Owner and Construction Manager's review and the Owner's approval.The Design Development Documents shall be based upon information provided,and estimates prepared by,the Construction Manager and shall illustrate and describe the development of the approved Schematic Design Documents and shall consist Init. AIA Document B133—2019.Copyright©2014,and 2019 All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This document was produced at 16:58:18 ET on 01/04/2024 under Order No 4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com User Notes: (1917531733) of drawings and other documents including plans,sections,elevations,typical construction details,and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural,structural, mechanical and electrical systems,and other appropriate elements.The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. § 3.4.2 A public engagement process will occur during the Design Development Phase,which will include focus group meetings and public online and in person open houses with key stakeholders including,but not limited to the Apple Valley Arts Foundation,residents,city council,staff,boards and commissions.Public engagement will include up to 5 focus groups meetings and 2 to 3 in person open house events. Council and commission presentations will be done as necessary throughout the design process and public input will be made available on the Apple Valley Parks Social Pinpoint website. § 3.4.3 Prior to the conclusion of the Design Development Phase,the Architect shall submit the Design Development Documents to the Owner and the Construction Manager.The Architect shall meet with the Owner and Construction Manager to review the Design Development Documents.The Architect and Owner's staff shall meet in the Design Development Phase process as needed upon the request of either the Architect or the Owner's staff.Any Owner directed changes that significantly modify the Project design after the completion of the Design Development Phase,shall be deemed additional services billed at an hourly rate(See exhibit A)or on negotiated sum basis upon the Architect providing written notice to the Owner of any perceived additional services and the Owner's written approval thereof. § 3.4.4 The Architect shall provide the Owner with two design resubmittals as required by the Owner. § 3.4.5 The Architect shall provide the Owner with probable costs opinions through the Construction Documents Phase. Upon receipt of the Construction Manager's information and estimate at the conclusion of the Design Development Phase,the Architect shall take action as required under Sections 6.5 and 6.6 and request the Owner's approval of the Design Development Documents. § 3.5 Construction Documents Phase Services § 3.5.1 Based on the Owner's approval of the Design Development Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Construction Documents for the Owner and Construction Manager's review and the Owner's approval.The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Plans and Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that,in order to perform the Work,the Construction Manager will provide additional information,including Shop Drawings,Product Data, Samples and other similar submittals,which the Architect shall review in accordance with Section 3.6.4. § 3.5.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the Project into the Construction Documents. § 3.5.3 During the development of the Construction Documents,if requested by the Owner,the Architect shall assist the Owner and Construction Manager in the development and preparation of(1)the Conditions of the Contract for Construction(General,Supplementary and other Conditions)and(2)a project manual that includes the Conditions of the Contract for Construction and Specifications and may include sample forms. § 3.5.4 During the development of the Construction Documents,the Architect shall:(a)conduct Building Code review with building officials and State Officials;(b)review all Project site circulation and access with JQP,Inc.,a consultant of the Owner,related to ADA issues;(c)prepare documents suitable for review for compliance with applicable governmental requirements and assist the Owner with submission to government agencies;and(d)address timely and applicable review comments received from government agencies and revise Contract Documents for compliance when required. § 3.5.5 Prior to the conclusion of the Construction Documents Phase,the Architect shall submit the Construction Documents to the Owner and the Construction Manager.The Architect shall meet with the Owner and Construction Manager to review the Construction Documents.The Architect and the Owner's shall meet staff in the Construction Documents Phase as needed upon the request of either the Architect or the Owner's staff.Any Owner directed changes Init. AIA Document B133-2019.Copyright©2014,and 2019 All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:58:18 ET on 01/04/2024 under a Order No.4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1917531733) that significantly modify the Project design after the completion of the Construction Documents Phase,shall be deemed additional services billed at an hourly rate(See exhibit A)or on negotiated sum basis upon the Architect providing written notice to the Owner of any perceived additional services and the Owner's written approval thereof. § 3.5.6 Upon receipt of the Construction Manager's information and estimate at the conclusion of the Construction Documents Phase,the Architect shall take action as required under Section 6.7,and request the Owner's approval of the Construction Documents. § 3.6 Construction Phase Services § 3.6.1 General § 3.6.1.1 The Architect will assist the Owner and Construction Manager with the bidding process and bid review as needed.The Architect shall provide administration of the Contract between the Owner and the Construction Manager as set forth below and in AIA Document A201TM-2017,General Conditions of the Contract for Construction,as amended by Owner. § 3.6.1.2 The Architect's responsibility to provide Construction Phase Services commences upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal,the Owner's approval of the Construction Manager's Control Estimate,or by a written agreement between the Owner and Construction Manager which sets forth a description of the Work to be performed by the Construction Manager prior to such acceptance or approval.Except as provided in Section 3.6.6.5,the Architect's responsibility to provide Construction Phase Services terminates on the date the Architect issues the final Certificate for Payment. § 3.6.1.3 The Architect shall advise and consult with the Owner and Construction Manager during the Construction Phase Services.The Architect shall attend and participate in pre-construction meeting(s)and weekly coordination meetings.The Architect shall meet with the Owner,Construction Manager and contractors as needed.The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement.The Architect shall not have control over, charge of,or responsibility for the construction means,methods,techniques,sequences or procedures,or for safety precautions and programs in connection with the Work,nor shall the Architect be responsible for the Construction Manager's failure to perform the Work in accordance with the requirements of the Contract Documents.The Architect shall be responsible for the Architect's negligent acts or omissions,but shall not have control over or charge of,and shall not be responsible for,acts or omissions of the Construction Manager or of any other persons or entities performing portions of the Work. § 3.6.2 Evaluations of the Work § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the portion of the Work completed,and to determine,in general,if the Work observed is being performed in a manner indicating that the Work,when fully completed,will be in accordance with the Contract Documents.The Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.The Architect shall visit the site for purposes of conducting inspections related to the generation of a punchlist(s),substantial completion,final completion and warranty inspections.On the basis of the site visits,the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner(1)known deviations from the Contract Documents,(2)known deviations from the most recent construction schedule submitted by the Construction Manager,and(3)defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents.Whenever the Architect considers it necessary or advisable,the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents,whether or not the Work is fabricated,installed or completed.However,neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Construction Manager, Subcontractors,suppliers,their agents or employees,or other persons or entities performing portions of the Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under,and requirements of,the Contract Documents on written request of either the Owner or Construction Manager.The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. Init. AIA Document B133—2019.Copyright 02014,and 2019 All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This document was produced at 16:58.18 ET on 01/04/2024 under 10 Order No 4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1917531733) § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of,and reasonably inferable from,the Contract Documents and shall be in writing or in the form of drawings.When making such interpretations and decisions,the Architect shall endeavor to secure faithful performance by both Owner and Construction Manager,shall not show partiality to either,and shall not be liable for results of interpretations or decisions rendered in good faith.The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 3.6.2.5 The Architect shall prepare final as-builts based on the Construction Manager and its contractors marked-up field drawings. § 3.6.3 Certificates for Payment to Construction Manager § 3.6.3.1 The Architect shall review and certify the amounts due the Construction Manager and shall issue certificates in such amounts.The Architect's certification for payment shall constitute a representation to the Owner,based on the Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Construction Manager's Application for Payment,that,to the best of the Architect's knowledge,information and belief,the Work has progressed to the point indicated,the quality of the Work is in accordance with the Contract Documents,and that the Construction Manager is entitled to payment in the amount certified.The foregoing representations are subject to(1)an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion,(2)results of subsequent tests and inspections,(3)correction of minor deviations from the Contract Documents prior to completion,and(4)specific qualifications expressed by the Architect. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has(1)made exhaustive or continuous on-site inspections to check the quality or quantity of the Work,(2)reviewed construction means,methods, techniques,sequences or procedures,(3)reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Construction Manager's right to payment,or(4)ascertained how or for what purpose the Construction Manager has used money previously paid on account of the Contract Sum. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.4 Submittals § 3.6.4.1 The Architect shall review the Construction Manager's submittal schedule and shall not unreasonably delay or withhold approval of the schedule.The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or,in the absence of an approved submittal schedule,with reasonable promptness while allowing sufficient time,in the Architect's professional judgment,to permit adequate review. § 3.6.4.2 The Architect shall review and approve,or take other appropriate action upon,the Construction Manager's submittals such as Shop Drawings,Product Data and Samples,but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities,and installation or performance of equipment or systems,which are the Construction Manager's responsibility. The Architect's review shall not constitute approval of safety precautions or construction means,methods,techniques, sequences or procedures.The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 3.6.4.3 If the Contract Documents specifically require the Construction Manager to provide professional design services or certifications by a design professional related to systems,materials,or equipment,the Architect shall specify the appropriate performance and design criteria that such services must satisfy.The Architect shall review and take appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Construction Manager's design professional,provided the submittals bear such professional's seal and signature when submitted to the Architect.The Architect's review shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.The Architect shall be entitled to rely upon,and shall not be responsible for,the adequacy and accuracy of the services,certifications,and approvals performed or provided by such design professionals. § 3.6.4.4 The Architect shall review and respond to requests for information about the Contract Documents.The Architect shall set forth,in the Contract Documents,the requirements for requests for information.Requests for information shall include,at a minimum,a detailed written statement that indicates the specific Drawings or Specifications in need of Init. AIA Document B133-2019.Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:58:18 ET on 01/04/2024 under 11 Order No 4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documentss Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts corn User Notes: (1917531733) clarification and the nature of the clarification requested.The Architect's response to such requests shall be made in writing within any time limits agreed upon,or otherwise with reasonable promptness.If appropriate,the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for information. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Construction Manager in accordance with the requirements of the Contract Documents. § 3.6.5 Changes in the Work § 3.6.5.1 The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time.The Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. § 3.6.5.2 The Architect shall maintain records relative to changes in the Work. § 3.6.6 Project Completion § 3.6.6.1 The Architect shall: .1 conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; .2 issue Certificates of Substantial Completion; .3 forward to the Owner,for the Owner's review and records,written warranties and related documents required by the Contract Documents and received from the Construction Manager;and .4 issue a final Certificate for Payment based upon a final inspection indicating that,to the best of the Architect's knowledge,information,and belief,the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect's inspections shall be conducted with the Owner to(1)check conformance of the Work with the requirements of the Contract Documents and(2)verify the accuracy and completeness of the list submitted by the Construction Manager of Work to be completed or corrected. § 3.6.6.3 When Substantial Completion has been achieved,the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Construction Manager,including the amount to be retained from the Contract Sum, if any,for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Construction Manager:(1) consent of surety or sureties,if any,to reduction in or partial release of retainage or the making of final payment;(2) affidavits,receipts,releases and waivers of liens,or bonds indemnifying the Owner against liens;and(3)any other documentation required of the Construction Manager under the Contract Documents. § 3.6.6.5 Upon request of the Owner,and prior to the expiration of one year from the date of Substantial Completion,the Architect shall,without additional compensation,conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES § 4.1 Supplemental Services Intentionally deleted. (Paragraphs deleted) (Table deleted) (Paragraphs deleted) § 4.2 Architect's Additional Services The Architect may provide Additional Services as outlined in this Agreement upon receipt of written approval from the Owner. (Paragraphs deleted) Init. AIA Document B133—2019 Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:58:18 ET on 01/04/2024 under 12 Order No.4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts com User Notes: (1917531733) ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement,the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project,including a written program which shall set forth the Owner's objectives;schedule;constraints and criteria,including space requirements and relationships;flexibility;expandability; special equipment;systems;and site requirements. § 5.2 The Owner shall retain a Construction Manager to provide services,duties,and responsibilities as described in the agreement selected in Section 1.1.5. § 5.3 The Owner shall establish the Owner's budget for the Project,including(1)the budget for the Cost of the Work as defined in Section 6.1;(2)the Owner's other costs;and,(3)reasonable contingencies related to all of these costs.The Owner shall update the Owner's budget for the Project as necessary throughout the duration of the Project until final completion.If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work,the Owner shall notify the Architect and Construction Manager.The Owner and the Architect,in consultation with the Construction Manager,shall thereafter agree to a corresponding change in the Project's scope and quality. § 5.3.1 The Owner acknowledges that accelerated,phased or fast-track scheduling provides a benefit,but also carries with it associated risks.Such risks include the Owner incurring costs for the Architect to coordinate and redesign portions of the Project affected by procuring or installing elements of the Project prior to the completion of all relevant Construction Documents,and costs for the Construction Manager to remove and replace previously installed Work.If the Owner selects accelerated,phased or fast-track scheduling,the Owner agrees to include in the budget for the Project sufficient contingencies to cover such costs. § 5.4 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project.The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 5.5 The Owner shall furnish surveys to describe physical characteristics,legal limitations and utility locations for the site of the Project. § 5.6 The Owner shall furnish services of geotechnical engineers if the Owner determines they are needed for the Project,. § 5.7 The Owner shall coordinate the services of its own consultants(if any)with those services provided by the Architect.The Owner shall require that its consultants(if any)and contractors(if any)maintain insurance,including professional liability insurance,as appropriate to the services or work provided. § 5.8 The Owner shall furnish tests,inspections and reports required by law or the Contract Documents not otherwise being provided by the Architect. § 5.9 The Owner shall furnish all legal,insurance and accounting services,including auditing services,that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.10 The Owner shall provide prompt written notice to the Architect and Construction Manager if the Owner becomes aware of any fault or defect in the Project,including errors,omissions or inconsistencies in the Architect's Instruments of Service. § 5.11 The Owner shall include the Architect in all communications with the Construction Manager that relate to or affect the Architect's services or professional responsibilities.The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Construction Manager otherwise relating to the Project. Communications by and with the Architect's consultants shall be through the Architect. § 5.12 The Owner shall coordinate the Architect's duties and responsibilities set forth in the Agreement between the Owner and the Construction Manager with the Architect's services set forth in this Agreement.The Owner shall provide the Architect a copy of the executed agreement between the Owner and Construction Manager,including the General Conditions of the Contract for Construction. Init. AIA Document B133—2019.Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,"AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:58:18 ET on 01/04/2024 under 13 Order No.4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail dodnfo@aiacontracts.com. User Notes: (1917531733) § 5.13 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Construction Manager to provide the Architect access to the Work wherever it is in preparation or progress. § 5.14 Within a reasonable time after receipt of a written request from the Architect,the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate,give notice of claims. (Paragraphs deleted) ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement,the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect.The Cost of the Work also includes the reasonable value of labor, materials,and equipment,donated to,or otherwise furnished by,the Owner.The Cost of the Work does not include the compensation of the Architect;the compensation of the Construction Manager;the costs of the land,rights-of-way, financing,or contingencies for changes in the Work;or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in the Initial Information,and shall be adjusted throughout the Project as required under Sections 5.3 and 6.4.Evaluations of the Owner's budget for the Cost of the Work represent the Architect's judgment as a design professional. § 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design,bidding or negotiating,price escalation,and market conditions in estimates of the Cost of the Work.The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work the Construction Manager prepares as the Architect progresses with its Basic Services.The Architect shall prepare,as an Additional Service,revisions to the Drawings,Specifications or other documents required due to the Construction Manager's inaccuracies or incompleteness in preparing cost estimates,or due to market conditions the Architect could not reasonably anticipate.The Architect may review the Construction Manager's estimates solely for the Architect's guidance in completion of its services,however, the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review. § 6.3.1 If there is a discrepancy between the Construction Manager's cost estimates and the Architect's cost estimates,the Architect and the Construction Manager shall work together to reconcile the cost estimates. § 6.4 If,prior to the conclusion of the Design Development Phase,the Construction Manager's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work,the Architect,in consultation with the Construction Manager, shall make appropriate recommendations to the Owner to adjust the Project's size,quality or budget for the Cost of the Work,and the Owner shall cooperate with the Architect in making such adjustments. § 6.5 If the Construction Manager's estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner's budget for the Cost of the Work,the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Architect and Construction Manager,revise the Project program,scope,or quality as required to reduce the Cost of the Work;or .4 implement any other mutually acceptable alternative. § 6.6 If the Owner chooses to proceed under Section 6.5.3,the Architect,without additional compensation,shall incorporate the revisions in the Construction Documents Phase as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Design Development Phase Services,or the budget as adjusted under Section 6.5.1.The Architect's revisions in the Construction Documents Phase shall be the limit of the Architect's responsibility under this Article 6. § 6.7 After incorporation of modifications under Section 6.6,the Architect shall make any required revisions to the Drawings,Specifications or other documents necessitated by the Construction Manager's subsequent cost estimates,the Guaranteed Maximum Price proposal,or Control Estimate that exceed the Owner's budget for the Cost of the Work,due to changes initiated by the Architect in scope,basic systems,or the kinds and quality of materials,finishes or equipment. Init. AIA Document B133—2019 Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:58:18 ET on 01/04/2024 under 14 Order No.4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo©aiacontracts com User Notes: (1917531733) ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 Unless expressly covered by Section 7.2,the Architect and the Owner warrant that in transmitting Instruments of Service,or any other information,the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. § 7.2 The work product of Architect's services,including results,and all ideas,developments,and inventions which the Architect conceives or reduces to practice during the course of its performance under this Agreement and subsequently reimbursed for by the Owner for such work product shall be the exclusive property of the Owner.This information,and material,and any such inventions shall be deemed the Owner's proprietary information and shall not be disclosed to anyone outside of the Owner or used by the Architect or others without the prior written consent of the Owner. Provided, however,the Architect has the right to reuse such information and material in the normal course of its business and retains all rights in its standard drawing details and specifications,and in all field data,notes and databases. Other than reuse or modification by the Architect,the Owner waives all claims against the Architect resulting from any changes or reuse of such information and material. The Architect will furnish the Owner with electronic data versions of certain drawings or other written documents("Digital Data")compatible with the Owner's software(to the extent possible)unless otherwise agreed upon and/or provided in hard copy form. In the event of any conflict between a hard copy document and the Digital Data,the hard copy document governs. The Digital Data shall be prepared in the current software in use by the Architect and is not warranted to be compatible with other systems or software. Any Digital Data submitted by the Architect to the Owner is submitted for an acceptance period of 60 days("Acceptance Period"). Any defects that the Owner discovers during this period and reports to the Architect will be corrected by the Architect at no extra charge. For corrections of defects reported to the Architect after the Acceptance Period,the Owner shall compensate Architect on an hourly basis at Architect's billing rates set forth at Exhibit A. (Paragraphs deleted) ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to this Agreement,whether in contract,tort,or otherwise,in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law,but in any case not more than 10 years after the date of Substantial Completion of the Work.The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance,the Owner and Architect waive all rights against each other and against the contractors,consultants,agents and employees of the other for damages,except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201-2017,General Conditions of the Contract for Construction,as amended by Owner.The Owner or the Architect,as appropriate,shall require of the Construction Manager,contractors,consultants,agents and employees of any of them,similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect shall indemnify and hold the Owner and the Owner's officers and employees harmless from and against damages,losses and judgments arising from claims by third parties,including reasonable attorneys' fees and expenses recoverable under applicable law,but only to the extent they are caused by the negligent acts or omissions of the Architect,its employees and its consultants in the performance of professional services under this Agreement.The Architect's obligation to indemnify and hold the Owner and the Owner's officers and employees harmless does not include a duty to defend.The Architect's duty to indemnify the Owner under this Section 8.1.3 shall be limited to the available proceeds of the insurance coverage required by this Agreement. (Paragraph deleted) § 8.2 Mediation § 8.2.1 Any claim,dispute,or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution.However,the parties may proceed in accordance with applicable law to comply with filing deadlines,such as statutes of limitations,prior to resolution of the matter by mediation. § 8.2.2 The Owner and Architect shall endeavor to resolve claims,disputes and other matters in question between them by mediation.A request for mediation shall be made in writing,delivered to the other party to this Agreement.The request may be made concurrently with the filing of a complaint but,in such event,mediation shall proceed in advance of binding Init. AIA Document B133-2019.Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:58:18 ET on 01/04/2024 under 15 Order No.4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1917531733) dispute resolution proceedings,which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. § 8.2.3 The parties shall share the mediator's fee equally.The mediation shall be held in the place where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2,the method of binding dispute resolution shall be the following: (Check the appropriate box.) [ ] Arbitration pursuant to Section 8.3 of this Agreement [ X ] Litigation in a court of competent jurisdiction located in Dakota County,Minnesota [ ] Other: (Spec) § 8.3 Arbitration Intentionally deleted. (Paragraphs deleted) ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement,such failure shall be considered substantial nonperformance and cause for suspension of performance of services under this Agreement.If the Architect elects to suspend services,the Architect shall give seven days'written notice to the Owner before suspending services.In the event of a suspension of services,the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services.Before resuming services,the Owner shall pay the Architect all sums due prior to suspension.The Architect's time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project,the Architect shall be compensated for services performed prior to notice of such suspension.When the Project is resumed,the Architect's time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than thirty(30)days'written notice. § 9.4 Either party may terminate this Agreement upon not less than thirty(30)days'written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days'written notice to the Architect for the Owner's convenience and without cause. § 9.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5,or the Architect terminates this Agreement pursuant to Section 9.3,the Owner shall compensate the Architect for services performed prior to termination, Reimbursable Expenses incurred,and costs attributable to termination,including the costs attributable to the Architect's termination of consultant agreements. § 9.7 (Paragraphs deleted) Except as otherwise expressly provided herein,this Agreement shall terminate two years from the date of Final Completion of the Project. § 9.8 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7. (Paragraph deleted) Init. AIA Document B133—2019.Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This document was produced at 16:58:18 ET on 01/04/2024 under 16 Order No.4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1917531733) ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located,excluding that jurisdiction's choice of law rules § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2017,General Conditions of the Contract for Construction as amended by Owner,except as modified in this Agreement.The term"Contractor"as used in A201-2017 shall mean the Construction Manager. § 10.3 The Owner and Architect,respectively,bind themselves,their agents,successors,assigns,and legal representatives to this Agreement.The Architect shall not assign this Agreement without the written consent of the Owner.The Owner may assign this Agreement if the assignee agrees to assume the Owner's rights and obligations under this Agreement, including any payments due to the Architect by the Owner prior to the assignment. § 10.4 If the Owner requests the Architect to execute certificates,the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution.If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender,the Architect shall execute all such consents that are consistent with this Agreement,provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution.The Architect shall not be required to execute certificates or consents that would require knowledge,services,or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with,or a cause of action in favor of,a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement,the Architect shall have no responsibility for the discovery,presence, handling,removal or disposal of,or exposure of persons to,hazardous materials or toxic substances in any form at the Project site. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials.The Architect shall be given reasonable access to the completed Project to make such representations.However,the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary.The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project.This Section 10.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4. § 10.8 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions.If it is determined that any provision of the Agreement violates any law,or is otherwise invalid or unenforceable,then that provision shall be revised to the extent necessary to make that provision legal and enforceable.In such case the Agreement shall be construed,to the fullest extent permitted by law,to give effect to the parties'intentions and purposes in executing the Agreement. (Paragraph deleted) § 10.9 The Architect shall pay any subcontractor/consultant within ten days of the Architect's receipt of payment from Owner for undisputed services provided by the subcontractor/consultant. § 10.10 Pursuant to Minnesota Statutes§ 13.05,subd. 11,all of the data created,collected,received,stored,used, maintained,or disseminated by the Architect in performing an owner's function under this Agreement is subject to the requirements of the Minnesota Government Data Practices Act,Minnesota Statutes Chapter 13,and the Architect must comply with those requirements as if it were a government entity. § 10.11 As the Architect is not the Owner's employee,the Architect is responsible for paying all required state and federal taxes. In particular,the Owner will not withhold FICA(Social Security)from the Architect's payments;will not make state or federal unemployment insurance contributions on the Architect's behalf;will not withhold state or federal income tax from payment to the Architect;will not make disability insurance contributions on behalf of the Architect;or will not obtain workers' compensation insurance on behalf of the Architect. Init. AIA Document B133—2019 Copyright©2014,and 2019.All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:58:18 ET on 01/04/2024 under 17 Order No.4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts com. User Notes: (1917531733) ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3,the Owner shall compensate the Architect as follows: .1 Stipulated Sum (Insert amount) (Paragraphs deleted)Six Hundred Thirty Seven Thousand Five Hundred Dollars and Zero Cents($637.500.00)Which includes compensation of Architect's consultants. (Paragraphs deleted) (Table deleted) (Paragraphs deleted) § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants are set forth below. (If applicable, attach an exhibit of hourly billing rates or insert them below.) See attached Exhibit A for hourly rates (Table deleted) § 11.8 Compensation for Reimbursable Expenses § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic, (Paragraphs deleted) and Additional Services and are those types of expenses identified in Exhibit A. (Paragraph deleted) § 11.9 Architect's Insurance. (Paragraphs deleted) Intentionally deleted. § 11.10 Payments to the Architect § 11.10.1 Progress Payments §11.10.1.1 Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice.Monthly payments shall be based on(1)the percentage of Basic Services completed,(2)Additional Services performed(if any),and(3)Reimbursable Expenses incurred.Payments are due and payable 45 days from the date of the invoice.Amounts unpaid ( 45)days after the invoice date shall bear interest at the rate of 1.5%monthly. (Insert rate of monthly or annual interest agreed upon.) Payment to be submitted to the following address: JLG Architects Attn:Accounting 323 Demers Ave 2nd Floor Grand Forks,ND 58201 § 11.10.1.2 The Owner shall provide a schedule of values that allocates the stipulated sum identified in§11.1.1 among the scope of Architect's Basic Services identified in Article 3 herein.The schedule of values will be used by the parties to evaluate the Architect's invoices. (Paragraphs deleted) § 11.10..2 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect,or to offset sums requested by or paid to contractors for the cost of changes in the Work,unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10..3 Records of Reimbursable Expenses,expenses pertaining to Additional Services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. Init. AIA Document B133—2019 Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:58:18 ET on 01/04/2024 under 18 Order No.4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts com. User Notes: (1917531733) ARTICLE 12 SPECIAL TERMS AND CONDITIONS (Paragraphs deleted) Intentionally deleted. ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations,representations or agreements,either written or oral.This Agreement may be amended only by written instrument signed by both the Owner and Architect. § 13.2 This Agreement is comprised of the following documents identified below: .1 AIA Document B 133TM-2019,Standard Form Agreement Between Owner and Architect,Construction Manager as Constructor (Paragraphs deleted) Edition,as amended by Owner. (Paragraph deleted) .2 Exhibits: (Paragraphs deleted) Exhibit"A":JLG Hourly Compensation and Reimbursable Expenses. Exhibit"B":JLG Image Release .4 Other documents: (List other documents, if any,forming part of the Agreement.) This Agreement entered into as of the day and year first written above. OWNER(Signature) ARCHITECT(Signature) Clint Hooppaw,Mayor Thomas Betti,Principal (Printed name and title) (Printed name, title, and license number, if required) OWNER(Signature) Pamela Gackstetter,City Clerk (Printed name and title) Init. AIA Document B133—2019.Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16 58 18 ET on 01/04/2024 under 19 Order No 4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1917531733) Additions and Deletions Report for AIA®Document B133® —2019 This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added to the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from the original AIA text.Added text is shown underlined.Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document.This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 16:58:18 ET on 01/04/2024. PAGE 1 AGREEMENT made as of the Eleventh day of January in the year Two Thousand and Twenty Four City of Apple Valley 7100 147th Street W Apple Valley.MN 55124 952-953-2500 Johnson Laffen Galloway Architects,Ltd.d/b/a JLG Architects 710 South 2nd Street 8th Floor Minneapolis.MN 55401 24006-Apple Valley Community&Senior Center To be determined PAGE 2 § 1.1.1 The Owner's programOverview for the Project: (Insert the Owner's program, identify documentation that establishes the Owner's program, or state the manner in which the program will be developed.) The Project includes professional design services,construction,and implementation of improvements to the Apple Valley Community&Senior Center.The process will involve community engagement.city approvals,council and committee meetings.and cost estimating.The Architect's project team will include Architecture,Civil Engineering. Electrical Engineering.Structural Engineering,and Mechanical Engineering and Aquatic Engineering,design and coordination services.as well as branding consultation. The Project includes preliminary evaluation and preliminary design(concept design)and the preparation of Schematic Design.Design Development.and Construction Documentation for all improvements as identified in the approved concept design.The Project may include expanded senior coffee lounge and outdoor terrace,warming house relocation.roof replacement,and upgrades to and/or addition of:parking lot,parking lot lighting,restrooms,fitness space.indoor playground.locker room.meeting room,office spaces,maintenance garage,youth athletic storage. landscape.and solar. Additions and Deletions Report for AIA Document B133—2019 Copyright O 2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 1 16:58:18 ET on 01/04/2024 under Order No 4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts corn User Notes: (1917531733) The Project is located at 14601-14603 Haves Road,Apple Valley MN 55124. § 1.1.3 The Owner's :budgct: PAGE 3 Ten Million Six Hundred Thousand Dollars and Zero Cents($10.600.000.00)is the total budget for the Project.which includes an estimated Eight Million Five Hundred Thousand and no/100 Dollars($8.500.000.00)for the Cost of Work defined in Section 6.1 plus compensation of the Architect;plus the compensation of the Construction Manager:plus contingencies for changes in the Work;and plus any costs that are the responsibility of the Owner. January 2025—December 2025 January 2026—September 2027 October 2027 § 1.1.5 The Owner intends to retain a Construction Manager pursuant to one of the following egreemeet:agreements: { ] AIA Document A133-2019,Standard Form of Agreement Between Owner.and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Priee:Price.as amended by Owner.OR { ] AIA Document A134-2019,Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee without a Guaranteed Maximum Price:Price,as amended by Owner. § 1.1.6 f..thy b�� Intentionally deleted. § 1.1.7 Intentionally deleted. § 1.1.7.1 Sesteiceble-Objeetiyeintentionally deleted. Additions and Deletions Report for AIA Document B133—2019.Copyright O 2014,and 2019>.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This draft was produced at 2 16:58:18 ET on 01/04/2024 under Order No 4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts.com User Notes: (1917531733) Eric Carlson 7100 147th Street W Apple Valley.MN 55124 952-953-2310 Eric.Carlson@applevalleymn.gov PAGE 4 Kayla Hechsel 7100 147th St W Apple Valley,MN 55124 952-953-2304 Kay la.hechsel@applevalleymn.gov To be determined. To be determined(if needed) Adam Meyerring JLG Architects 710 South 2nd Street 8'h Floor Minneapolis.MN 55401 Telephone Number:612-398-7450 Mobile Number:612-819-4088 ameyerringnj lgarchitects.com PAGE 5 .1 Structuralgineer:Architect: .2 Civil Engineer: Confluence,Inc. 901 North Third Street,Suite 225.Minneapolis,MN 55401 .2 -Mechanical.3 Structural Engineer: Nelson-Rudie&Associates, Inc. 9100 49'h Ave N Minneapolis,Minnesota 55428 .4 Mechanical Engineer: Nelson-Rudie&Associates.Inc. 9100 49'h Ave N Minneapolis,Minnesota 55428 3.5 Electrical Engineer: Nelson-Rudie&Associates,Inc. 9100 49'h Ave N Minneapolis.Minnesota 55428 § 1.1.12.2 : Intentionally deleted. Additions and Deletions Report for AIA Document B133—2019 Copyright O 2014,and 2019>All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 3 16:58:18 ET on 01/04/2024 under Order No.4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1917531733) § 1.1.13 Intentionally deleted. § 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. § 2.1 The Architect shall provide professional services as set forth in this cmcnt.Agreement and the Construction Documents for the Project.The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement,or shall cause such services to be performed by appropriately licensed design professionals. PAGE 6 § 2.3 The Architect shall provide its services in conjunction with the services of a Construction Manager as described in the agreement iden•i`ed in Section 1.1.`•between the Owner and Construction Manager and Contract Documents for Project.The Architect shall not be responsible for actions taken by the Construction Manager. § 2.6 Insurance.The Architect shall maintain the following insurance until termination of this Agreement.If any of the § 2.6.1 Commercial General Liability with policy limits of not less than($ )($2,000.000.00)for each occurrence and (S )(S4.000.000.00)in the aggregate for bodily injury and property damage. § 2.6.2 Automobile Liability covering vehicles owned,and non-owned vehicles used,by the Architect with policy limits of not less than($ )($1.000.000.00)per accident for bodily injury,death of any person,and property damage arising out of the ownership,maintenance and use of those motor vehicles,along with any other statutorily required automobile coverage. § 2.6.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability and Employers Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.6.1 and 2.6.2,2.6.2 and 2.6.5.and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. § 2.6.5 Employers'Liability with policy limits not less than($ )($2.000.000.00)each accident,($ ) ($2.000.000.00)each employee,and($ )($2.000.000.00)policy limit. Additions and Deletions Report for AIA Document B133—2019.Copyright©2014,and 2019>.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 4 16:58:18 ET on 01/04/2024 under Order No.4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1917531733) § 2.6.6 Professional Liability covering negligent acts,errors and omissions in the performance of professional services,with policy limits of not less than 5 000 000.00 er claim and ($5,000.000.00)in the aggregate.The Architect agrees that the deductible within its Professional Liability policy shall not exceed$200.000.00. § 2.6.7 Additional Insured Obligations.To the fullest extent permitted by law,the Architect shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Architect's negligent acts or omissions.The additional insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations.The Architect shall cause the primary and excess or umbrella policies for Commercial General Liability and Automobile Liability and Professional Liability policy to include a statement that such insurance cannot be cancelled until thirty(30)days after the Owner has received written notice of the insured's intention to cancel the insurance.except of 10 days notice of cancellation due to non-payment.. § 2.6.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this,Seetion-2.6.Section 2.6 prior to commencement of Architect's Basic Services hereunder and prior to the expiration of the term dates identified on the certificates for the insurance listed thereon. § 3.1 The Architect's Basic Services consist of those described in this Article 3 and include usual and customary structural,mechanical,civil,aquatic and electrical engineering and landscape services.Services not set forth in this Article 3 are Supplemental or Additional Services. § 3.1.2 The Architect shall coordinate its services and its consultants'services with those services provided by the Owner,the Construction Manager,and the Owner's eensultaftts,consultants(if any).The Architect shall be entitled to rely on,and shall not be responsible for,the accuracy,completeness,and timeliness of,services and information furnished by the Owner,the Construction Manager,and the Owner's consultants(if any).The Owner,shall be entitled to rely on,and shall not be responsible for the accuracy.completeness.and timeliness of the services and information furnished by the Architect and Architect's consultants.The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error.omission.or inconsistency in such services or information furnished by the Owner,the Construction Manager.and the Owner's consultants(if any).The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any error,omission,or inconsistency in such services or Viand information furnished by the Architect or the Architect's consultants. § 3.1.3 As soon as practicable after the date of this Agreement,the Architect shall submit,for the Construction Manager's Owner's review and the Owner's approval,a schedule for the performance of the Architect's services.The schedule shall include design phase milestone dates,as well as the anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information.The schedule shall include allowances for periods of time required for the Owner's , selection of a Construction Manager.the Owner's review of the schedule, for the Construction Manager's review of the schedule,for the performance of the Construction Manager's Preconstruction Phase services,for the performance of ,the Architect's consultants,for the performance of the Owner's consultants(if any),and for approval of submissions by authorities having jurisdiction over the Project.Once , reviewed by both the Owner and Construction Manager and approved by the Owner after receipt of the Construction Manager's recommendation/commentsitime limits established by the schedule shall not,except for reasonable cause, be exceeded by the Architect or Owner.With the Owner's approval,the Architect shall adjust the schedule,if necessary,as the Project proceeds until the commencement of construction. PAGE 7 § 3.2.2 Upon authorization by the Owner, ,the Architect shall update the Drawings, Specifications,and other documents to incorporate the agreed upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment or Control Estimate. PAGE 8 Additions and Deletions Report for AIA Document B133—2019.Copyright©2014,and 2019>All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 5 16:58:18 ET on 01/04/2024 under Order No.4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts.com User Notes: (1917531733) § 3.3.1 The Architect shall review the program-overview,and other information furnished by the Owner and Construction Manager,and shall review laws,codes,and regulations applicable to the Architect's services. § 3.3.2 The Architect shall prepare a preliminary evaluation of the Owner's program-,-overview,schedule,budget for the Cost of the Work,Project site,and other Initial Information,each in terms of the other,to ascertain the requirements of the Project.The Architect shall notify the Owner of(1)any inconsistencies discovered in the information,and(2)other information or consulting services that may be reasonably needed for the Project. § 3.3.3 The Architect shall present its preliminary evaluation to the Owner and Construction Manager and shall discuss with the Owner and Construction Manager alternative approaches to design and construction of the Project. This shall include,but not be limited to.a preliminary concept meeting with the Owner's planning.engineering,and inspections staff.The Architect shall reach an understanding with the Owner regarding the requirements of the Project.The Architect and the Owner's staff shall meet in the preliminary evaluation process as needed upon the request of either the Architect or the Owner's staff. § 3.3.4 Based on the Project requirements agreed upon with the Owner,the Architect shall prepare and present,to the Owner and Construction Manager,for the Owner's approval,a-preli►rir desige-at least two preliminary design/concept design options illustrating the scale and relationship of the Project components.The Architect and the Owner's shall meet staff in the preliminary design/concept design process as needed upon the request of either the Architect or the Owner's staff. § 3.3.5.1 The Architect shall consider sustainable design alternatives,such as material choices and building orientation,together with other considerations based on program and aesthetics,in developing a design that is consistent with the Owner's program,schedule and budget for the Cost of the Work.The Ow•ncr ma: obtain more § 3.3.6 The Architect shall submit the Schematic Design Documents to the Owner and the Construction Manager.The Architect shall meet with the Construction Manager and Owner to review the Schematic Design Documents.The Architect and the Owner's staff shall meet in the Schematic Design Documents process as needed upon the request of either the Architect or the Owner's staff. § 3.3.7 Upon receipt of the Construction Manager's review comments and cost estimate at the conclusion of the Schematic Design Phase,the Architect shall take action as required under Section 6.4,and request the Owner's approval of the Schematic Design Documents.If revisions to the Schematic Design Documents are required to comply with the Owner's budget for the Cost of the Work at the conclusion of the Schematic Design Phase,the Architect shall incorporate the required revisions in theDesign-Development-Construction Documentation Phase. § 3.4.1 Based on the Owner's approval of the Schematic Design Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Design Development Documents for the Owner and Construction Manager's review and the Owner's approval.The Design Development Documents shall be based upon information provided,and estimates prepared by,the Construction Manager and shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans,sections,elevations,typical construction details,and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural,mechanical and electrical systems,and other appropriate elements.The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. § 3.4.2 A public engagement process will occur during the Design Development Additions and Deletions Report for AIA Document B133—2019.Copyright©2014,and 2019>.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 6 16:58:18 ET on 01/04/2024 under Order No.4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts corn User Notes: (1917531733) Phase.which will include focus group meetings and public online and in person open houses with key stakeholders including,but not limited to the Apple Valley Arts Foundation.residents,city council,staff.boards and commissions. Public engagement will include up to 5 focus groups meetings and 2 to 3 in person open house events. Council and commission presentations will be done as necessary throughout the design process and public input will be made available on the Apple Valley Parks Sncial Pinpoint website. § 3.4.3 Prior to the conclusion of the Design Development Phase,the Architect shall submit the Design Development Documents to the Owner and the Construction Manager.The Architect shall meet with the Owner and Construction Manager to review the Design Development Documents.The Architect and Owner's staff shall meet in the Design Development Phase process as needed upon the request of either the Architect or the Owner's staff.Any Owner directed changes that significantly modify the Project design after the completion of the Design Development Phase,shall be deemed additional services billed at an hourly rate(See exhibit A)or on negotiated sum basis upon the Architect providing written notice to the Owner of any perceived additional services and the Owner's written approval thereof. § 3.4.4 The Architect shall provide the Owner with two design resubmittals as required by the Owner. § 3.4.5 The Architect shall provide the Owner with probable costs opinions through the Construction Documents Phase. Upon receipt of the Construction Manager's information and estimate at the conclusion of the Design Development Phase,the Architect shall take action as required under Sections 6.5 and 6.6 and request the Owner's approval of the Design Development Documents. PAGE 9 § 3.5.1 Based on the Owner's approval of the Design Development Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Construction Documents for the Owner and Construction Manager's review and the Owner's approval.The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Plans and Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work. § 3.5.3 During the development of the Construction Documents,if requested by the Owner,the Architect shall assist the Owner and Construction Manager in the development and preparation of(1)the Conditions of the Contract for Construction(General,Supplementary and other Conditions)and(2)a project manual that includes the Conditions of the Contract for Construction and Specifications,Specifications and may include sample forms. § 3.5.4 .During the development of the Construction Documents,the Architect shall:(a) conduct Building Code review with building officials and State Officials:(b)review all Project site circulation and access with JOP.Inc..a consultant of the Owner,related to ADA issues:(c)prepare documents suitable for review for compliance with applicable governmental requirements and assist the Owner with submission to government agencies:and(d)address timely and applicable review comments received from government agencies and revise Contract Documents for compliance when required. § 3.5.5 ' Prior to the conclusion of the Construction Documents Phase,the Architect shall submit the Construction Documents to the Owner and the Construction Manager.The Architect shall meet with the Owner and Construction Manager to review the Construction Documents.The Architect and the Owner's shall meet staff in the Construction Documents Phase as needed upon the request of either the Architect or the Owner's staff.Any Owner directed changes that significantly modify the Project design after the completion of the Construction Documents Phase,shall be deemed additional services billed at an hourly rate(See exhibit A)or on negotiated sum basis upon the Architect providing written notice to the Owner of any perceived additional services and the Owner's written approval thereof. Additions and Deletions Report for AIA Document B133—2019 Copyright©2014,and 2019>All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 7 16:58:18 ET on 01/04/2024 under Order No.4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1917531733) 6 3.5.6 Upon receipt of the Construction Manager's information and estimate at the conclusion of the Construction Documents Phase,the Architect shall take action as reauired under Section 6.7.and request the Owner's approval of the Construction Documents. PAGE 10 § 3.6.1.1 The Architect will assist the Owner and Construction Manager with the bidding process and bid review as needed.The Architect shall provide administration of the Contract between the Owner and the Construction Manager as set forth below and in AIA Document A201TM-2017,General Conditions of the Contract for Construction.If the Construction.as amended by Owner. § 3.6.1.2 Subject to Section 4.' the The Architect's responsibility to provide Construction Phase Services commences upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal,the Owner's approval of the Construction Manager's Control Estimate,or by a written agreement between the Owner and Construction Manager which sets forth a description of the Work to be performed by the Construction Manager prior to such acceptance or approval. Except as provided in Section 3.6.6.5,the Architect's responsibility to provide Construction Phase Services terminates on the date the Architect issues the final Certificate for Payment. § 3.6.1.3 The Architect shall advise and consult with the Owner and Construction Manager during the Construction Phase Services.The Architect shall attend and participate in pre-construction meeting(s)and weekly coordination meetings.The Architect shall meet with the Owner.Construction Manager and contractors as needed.The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement.The Architect shall not have control over,charge of,or responsibility for the construction means,methods,techniques,sequences or procedures,or for safety precautions and programs in connection with the Work,nor shall the Architect be responsible for the Construction Manager's failure to perform the Work in accordance with the requirements of the Contract Documents.The Architect shall be responsible for the Architect's negligent acts or omissions,but shall not have control over or charge of,and shall not be responsible for,acts or omissions of the Construction Manager or of any other persons or entities performing portions of the Work. § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of in Section 4.1.3,construction to become generally familiar with the progress and quality of the portion of the Work completed,and to determine,in general,if the Work observed is being performed in a manner indicating that the Work,when fully completed,will be in accordance with the Contract Documents.However,the The Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.The Architect shall visit the site for purposes of conducting inspections related to the generation of a punchlist(s), substantial completion.final completion and warranty inspections.On the basis of the site visits,the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed,and promptly report to the Owner(1)known deviations from the Contract Documents,(2)known deviations from the most recent construction schedule submitted by the Construction Manager,and(3)defects and deficiencies observed in the Work. PAGE 11 § 3.6.2.5 The Architect shall prepare final as-builts based on the Construction Manager and its contractors marked-up field drawings. § 3.6.4.4 The Architect shall review and respond to requests for information about the Contract Documents.The Architect shall set forth,in the Contract Documents,the requirements for requests for information.Requests for information shall include,at a minimum,a detailed written statement that indicates the Additions and Deletions Report for AIA Document B133—2019.Copyright©2014,and 2019> All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 8 16:58:18 ET on 01/04/2024 under Order No.4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts.com User Notes: (1917531733) specific Drawings or Specifications in need of clarification and the nature of the clarification requested.The Architect's response to such requests shall be made in writing within any time limits agreed upon,or otherwise with reasonable promptness.If appropriate,the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for information. PAGE 12 § 3.6.5.1 The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time.Subject to Section 4.2,the The Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. Intentionally deleted. Additions and Deletions Report for AIA Document B133—2019.Copyright©2014,and 2019>.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This draft was produced at 9 16:58:18 ET on 01/04/2024 under Order No.4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts com User Notes: (1917531733) Responsibility § 4.1.1.2 Programming § 4.4.1.3 §T A 1 1 A Mea ured drawings § 4.1.1.5 Existing facilities surveys § 4.1. construction use § 4.1.1.9 Civil engineering § 4.1.1.10 Landscape design § 4.1.1.11 Architectural : desi`n § 4.1.1.12 Value analysis § 4.1.1.13 Cost estimating § A 1 1 46 A.. designed r Ord drawings § 4.1.1.19 Facility support services § 4.1.1.20 Tenant related services § 4.1.1.23 Security evaluation- + vices pursuant to Section 4.1.j § A 1 1 26 1_I: e_ati n § 4.1.1.29 Other Supplemental Services § 4.1.2-.1-.` -d i ch S. ple 1 c ide ified S. hite a :t,:lit:'-is provided--belew, §-41 per, the exhibit) Additions and Deletions Report for AIA Document B133-2019.Copyright©2014,and 2019>.All rights reserved."The American Institute of Architects,""American Institute of Architects,"AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 10 16:58:18 ET on 01/04/2024 under Order No 4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1917531733) Service. Services required in MA Document E23,tim 2019.Sustainable Projects Exhibit, -eemment,The-Owner-shall-compensate the-Architect as provided in Section 11.2. The Architect may provide Additional Services Architect's schedule.as outlined in this Agreement upon receipt of written approval from the Owner. §-4. e to th0 ea The A rchiteet shall D applicable th rit; hajufisdietioti-made-prier-te-the-iesuanee-olLthe-be-i-kling-penni-k-er4b3 contractors; • ,.tion fa nd. .l L,1' tation r,� g; 12F1,. ��c'm�uircc-ur.E'rp'acrti�Pic�cm "�ecinr�v ter. the Architect is party thereto; 48 11 ssistance to the Initial Dectsion Make ifothl er—�hEtn thee Architect .12 Servic .13 Service ne sitated 1,,,thy,O . s delay i o gagi. ,he Cons free ion\Aa.,ateF Estimate and Estimate. Additions and Deletions Report for AIA Document B133—2019 Copyright O 2014,and 2019>.All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 11 16:58:18 ET on 01/04/2024 under Order No.4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com User Notes: (1917531733) by the Architect; ..do nation; ` e Service; • fev- 1.. ef Se .It: the e r Services. Whew-t4e-44filits-below-afe-reaehed;-tirie-Areh-iteet-shall- tify4he-OWIrteFi Construction Manager ett+++► b PAGE 13 § 5.5 The Owner shall furnish surveys to describe physical characteristics,legal limitations and utility locations for the site of the a ... ben hmark.Proiect. § 5.6 The Owner shall furnish services of geotechnical engineers if the Owner determines they arc needed for the Project.. § 5.7 The Owner shall . 4-1-1-coordinatc the services of its own consultants(if any)with those services provided by the Architect.The Owner shall require that its consultants(if any)and contractors(if any)maintain insurance. including professional liability insurance.as appropriate to the services or work provided. § 5.8 If I n is if a Sesta ableOb:ect: . n.aiele i the Owner•-sha . Additions and Deletions Report for AIA Document B133—2019.Copyright©2014,and 2019> All rights reserved "The American Institute of Architects,"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This draft was produced at 12 16:58:18 ET on 01/04/2024 under Order No 4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts.com User Notes: (1917531733) The Owner shall furnish tests,inspections and reports required by law or the Contract Documents not otherwise being provided by the Architect. § 5.9 The Owner shall liabilittipstwaReer furnish all legal,insurance and accounting services. including auditing services.that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.10 The Owner shall ,' , rp ovtde prompt written notice to the Architect and Construction Manager if the Owner becomes aware of any fault or defect in the Project.including errors.omissions or inconsistencies in the Architect's Instruments of Service. § 5.11 The Owner shall ' include the Architect in all communications with the Construction Manager that relate to or affect the Architect's services or professional responsibilities.The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Construction Manager otherwise relating to the Proiect.Communications by and with the Architect's consultants shall be through the Architect. § 5.12 The Owner shall Instruments of Service.coordinate the Architect's duties and responsibilities set forth in the Agreement between the Owner and the Construction Manager with the Architect's services set forth in this Agreement.The Owner shall provide the Architect a copy of the executed agreement between the Owner and Construction Manager.including the General Conditions of the Contract for Construction. § 5.13 The Owner shall ' provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Construction Manager to provide the Architect access to the Work wherever it is in preparation or progress. § 5.14 .Within a reasonable time after receipt of a written request from the Architect.the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate.give notice of claims. iteet,eeess-to-the-allies . . rilfevaiat-ierr,.r progress. § 6.1 For purposes of this Agreement,the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the crude-the Construction Manage ral 4 .Architect.The Cost of the Work also includes the reasonable value of labor, Additions and Deletions Report for AIA Document B133—2019.Copyright©2014,and 2019>.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 13 16:58:18 ET on 01/04/2024 under Order No.4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts corn User Notes: (1917531733) materials,and equipment,donated to,or otherwise furnished by,the Owner.The Cost of the Work does not include the compensation of the Architect;the compensation of the Construction Manager;the costs of the land,rights-of-way,financing,or contingencies for changes in the Work;or other costs that are the responsibility of the Owner. PAGE 14 § 6.3.1 If here is a discrepancy between the Construction Manager's cost estimates and the Architect's cost estimates,the Architect and the Construction Manager shall work together to reconcile the cost estimates. § 6.7 After incorporation of modifications under Section 6.6,the Architect. • ,shall make any required revisions to the Drawings,Specifications or other documents necessitated by the Construction Manager's subsequent cost estimates,the Guaranteed Maximum Price proposal,or Control Estimate that exceed the Owner's budget for the Cost of the Work,except when the excess is due to changes initiated by the Architect in scope,basic systems,or the kinds and quality of materials,finishes or equipment. PAGE 15 § 7.1 The-Unless expressly covered by Section 7.2.the Architect and the Owner warrant that in transmitting Instruments of Service,or any other information,the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. § 7.2 The ' work product of Architect's services, including results.and all ideas developments.and inventions which the Architect conceives or reduces to practice during the course of its performance under this Agreement and subsequently reimbursed for by the Owner for such work product shall be the exclusive property of the Owner.This information,and material.and any such inventions shall be deemed the Owner's proprietary information and shall not be disclosed to anyone outside of the Owner or used by the Architect or others without the prior written consent of the Owner. Provided.however,the Architect has the right to reuse such information and material in the normal course of its business and retains all rights in its standard drawing details and specifications.and in all field data.notes and databases. Other than reuse or modification by the Architect,the Owner waives all claims against the Architect resulting from any changes or reuse of such information and material. The Architect will furnish the Owner with electronic data versions of certain drawings or other written documents("Digital Data")compatible with the Owner's software(to the extent possible)unless otherwise agreed upon and/or provided in hard copy form. In the event of any conflict between a hard copy document and the Digital Data.the hard copy document governs. The Digital Data shall be prepared in the current software in use by the Architect and is not warranted to be compatible with other systems or software. Any Digital Data submitted by the Architect to the Owner is submitted for an acceptance period of 60 days("Acceptance Period"). Any defects that the Owner discovers during this period and reports to the Architect will be corrected by the Architect at no extra charge. For corrections of defects reported to the Architect after the Acceptance Period.the Owner shall compensate Architect on an hourly basis at Architect's billing rates set forth at Exhibit A. ..this gecko.7 2 shall Additions and Deletions Report for AIA Document B133—2019 Copyright©2014,and 2019> All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 14 16:58:18 ET on 01/04/2024 under Order No 4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1917531733) terminatesthi A g nt f .tiler Sect: A A C consultants. Agreement. § 8.1.2 To the extent damages are covered by property insurance,the Owner and Architect waive all rights against each other and against the contractors,consultants,agents and employees of the other for damages,except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201-2017,General Conditions of the Contract for GefrstfttetionrConstruction,as amended by Owner.The Owner or the Architect,as appropriate,shall require of the Construction Manager,contractors,consultants,agents and employees of arty of them,similar waivers in favor of the other parties enumerated herein. § 8.2.1 Any claim,dispute,or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution.If such matter relates to or is the subject of a lien arising out of the Architect's serNices.the Architect However.the parties may proceed in accordance with applicable law to comply with filing deadlines.such as statutes of limitations.prior to resolution of,the matter by mediation. § 8.2.2 The Owner and Architect shall endeavor to resolve claims,disputes and other matters in question between them by medi. ric14 ..less the.. all.. a „.herwise shall be admin-ist ?ent-mediation. .A request for mediation shall be made in writing,delivered to the other party to this .Agreement.The request may be made concurrently with the filing of a complaint or other e.demand for binding dispute- ••lu'ion but,in such event,mediation shall proceed in advance of binding dispute resolution proceedings,which shall be stayed pending mediation for a period of 60 days from the date of filing,unless stayed for a longer period by agreement of the parties or court order.if en-afbitfatiewpreeeedifig-is-steyedterstient-te445-seetion-Ahetaftiesifray-nenetheless-pfeeeed-te-the § 8.2.3 The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the place where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. PAGE 16 Additions and Deletions Report for AIA Document B133—2019.Copyright m 2014,and 2019>.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 15 16:58:18 ET on 01/04/2024 under Order No.4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts corn User Notes: (1917531733) [ J Litigation in a court of competent jurisdiction located in Dakota County.Minnesota Intentionally deleted. §--8.3.1 lithe ie but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim. consented to by parties to this Agreement.shall be specifically enforceable in accordance with applicable law in any r person-or-en Architect nate this ng e..t. § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement,such failure shall be considered substantial nonperformance and cause for suspension of performance of services under this Agreement.If the Architect elects to suspend services,the Architect shall give seven days'written notice to the Owner before suspending services.In the event of a suspension of services,the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services.Before resuming services,the Owner shall pay the Architect all sums due prior to suspension and any Additions and Deletions Report for AIA Document B133—2019.Copyright©2014,and 2019>.All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 16 16:58:18 ET on 01/04/2024 under Order No 4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts com User Notes: (1917531733) suspension.The Architect's time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project,the Architect shall be compensated for services performed prior to notice of A h' ec hall be eempo d for... suchsuspension.When the Project is resumed,the..,c,,;=.�; s,8.,-���R,sa�--.o,-�hpenses+neur-red in the interruption and re pt: orthe A_ch: T" Architect's fees r tho o nd th„time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect,the Architect may terminate this Agreement by giving not less than seven thirty(30)days'written notice. § 9.4 Either party may terminate this Agreement upon not less than seven-thirty(30)days'written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.7 licensing fee.) .1 Termination Fee: Except as otherwise expressly provided herein.this Agreement shall terminate two years from the date of Final Completion of the Project. § 9.8 _. fhc Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7. t forth:. Article 7 and cootion n-r § 10.1 This Agreement shall be governed by the law of the place where the Project is located,excluding that jurisdiction's choice of law the Federal Arbit_ ti Act .hall S 8.3.rules § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2017,General Conditions of the Contract for Construction.Construction as amended by Owner,except as modified in this Agreement.The term"Contractor"as used in A201-2017 shall mean the Construction Manager. § 10.3 The Owner and Architect,respectively,bind themselves,their agents,successors,assigns,and legal representatives to this Agreement.Neither th`•Owner no_th' A_chiteet shall The Architect shall not assign this Agreement without the written consent of the other ept that-the O• this A l a iding;;n:;ems.. f r the Project i fthe lender Owner,The Owner may assign this Agreement if the assignee agrees I.,r.... .. S.vr-z==c to assume the Owner's rights and obligations under this Agreement,including any payments due to the Architect by the Owner prior to the assignment. PAGE 17 Additions and Deletions Report for AIA Document B133—2019 Copyright©2014,and 2019>.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 17 16:58:18 ET on 01/04/2024 under Order No.4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1917531733) § 10.8ff-the-Afehiteet-er--OwneF-ceeeives-informatien-speeifteally-desigoaterkas-meonf-Kkotialecbusiness " The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions.If it is determined that any provision of the Agreement violates any law.or is otherwise invalid or unenforceable,then that provision shall be revised to the extent necessary to make that provision legal and enforceable.In such case the Agreement shall be construed,to the fullest extent permitted by law.to give effect to the parties' intentions and purposes in executing the Agreement. § 10.9 The i paFties' ' Architect shall pay any subcontractor/consultant within ten days of the Architect's receipt of payment from Owner for undisputed services provided by the subcontractor/consultant. § 10.10 Pursuant to Minnesota Statutes$ 13.05.subd. 11,all of the data created,collected,received,stored,used, maintained.or disseminated by the Architect in performing an owner's function under this Agreement is subject to the requirements of the Minnesota Government Data Practices Act.Minnesota Statutes Chapter 13,and the Architect must comply with those requirements as if it were a government entity. § 10.11 As the Architect is not the Owner's employee,the Architect is responsible for paying all required state and federal taxes. In particular.the Owner will not withhold FICA(Social Security) from the Architect's payments:will not make state or federal unemployment insurance contributions on the Architect's behalf;will not withhold state or federal income tax frompavment to the Architect:will not make disability insurance contributions on behalf of the Architect:or will not obtain workers' compensation insurance on behalf of the Architect. PAGE 18 .2 Percentage Basis (Insert percentage value) .3 Other Six Hundred Thirty Seven Thousand Five Hundred Dollars and Zero Cents(5637.500.00) Which includes compensation of Architect's consultants. eempernsat+an+-apply.) Additions and Deletions Report for AIA Document B133—2019 Copyright©2014,and 2019>.All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 18 16:58:18 ET on 01/04/2024 under Order No.4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts.com User Notes: (1917531733) § 1�a Compensation r r Su Sections 11-a-er 11.3,shall be the armoun oiced a Architect s—percent' %) � s ,o"o„ N+nertamou Services.) ., for., eh phase„f serice:;shall be follows.• Schematic Design Phase percent ( Vie) percent ( 444 [ .,: n ,,, e nt e p -( %) Construction Phase percent-( %) Tetal••Bafrie-Gen+pensattien one hundred percent-( 4-00 %) r1 Pro:ee deli,e ultiple bid p ckage r Construction B § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants are set forth below.The See attached Exhibit A for hourly rates Employee-Of-Category Rate Q) § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic,Supplemental and r dditional Services ,d : ..h ae e e e,i h;.the Architect and the n r„hitec t-as follows: and extranets; .3 Permitting and other f es required b,.authorities having jurisdiction over the Project: Additions and Deletions Report for AIA Document B133—2019.Copyright©2014,and 2019> All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 19 16:58:18 ET on 01/04/2024 under Order No 4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts com. User Notes: (1917531733) a consultants; .10 Site office expenses; 42 h .., mi lar Project _elated eNpentritures:and Additional Services and are those types of expenses identified in Exhibit A. § 11.9 Architect's Insurance. -. 4' h d it al c t forth below: - A hi Seetien-2,6,6%416Y-44-,hich t ' Intentionally deleted. §- 10.1 Initial-Payments § 11.10.1 Progress Payments § 11.10.1.1 . Unless otherwise agreed. payments for services shall be made monthly in proportion to services performed.Payments are due and payable upon presentation of the Architect's invoice. Monthly payments shall be based on(1)the percentage of Basic Services completed.(2)Additional Services performed(if any),and(3) Reimbursable Expenses incurred. Payments are due and payable 45 days from the date of the invoice.Amounts unpaid ( 45 )days after the invoice date shall hear interest at the rate of 1.5%monthly. (Insert rate of monthly or annual interest agreed upon.) Payment to he submitted to the following address: JLG Architects Attn:Accounting 323 Demers Ave 2nd Floor Grand Forks.ND 58201 § 11.10.1.2 t to the Architect of Atitl ,J h' the Su .,bilit. Certifi do The Architect's.. the Ce.•tifying The Owner shall provide a schedule of•values that allocates the stipulated sum identified in*1 1.1.1 among the scope of Architect's Basic Services identified in Article 3 herein.The schedule of values will he used by the parties to evaluate the Architect's invoices. Additions and Deletions Report for AIA Document B133—2019.Copyright©2014,and 2019> All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This draft was produced at 20 16:58:18 ET on 01/04/2024 under Order No.4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts com User Notes: (1917531733) g Work.unless the Arc ' ..to Supplemental and A dditienal C......:...... ...d $ 11.10..2 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect.or to offset sums requested by or paid to contractors for the cost of changes in the Work. unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. S 11.10..3 Records of Reimbursable Expenses.expenses pertaining to Additional Services performed on the basis of hourly rates shall he available to the Owner at mutually convenient times. Intentionally deleted. PAGE 19 .1 AIA Document B 133TM-2019,Standard Form Agreement Between Owner and Architect,Construction Manager as Constructor Edition Edition.as amended by Owner. Exhibits: [ ) AIA Document E234T'" 2019,Sustainable Projects Exhibit,Construction Manager as (Clearly identify any ether exhibits it _. Exhibit "A":JLG Hourly Compensation and Reimbursable Expenses. Exhibit"I3":JLG Image Release Clint Hooppaw.Mayor Thomas Bettis Principal Additions and Deletions Report for AIA Document B133—2019.Copyright©2014,and 2019>.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 21 16:58:18 ET on 01/04/2024 under Order No.4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com User Notes: (1917531733) OWNER(Signature) Pamela Gackstetter.City Clerk (Printed name and title) Additions and Deletions Report for AIA Document B133—2019.Copynght©2014,and 2019>.All rights reserved.'The American Institute of Architects,"American Institute of Architects,'AIA,'the AIA Logo,and"AIA Contract Documents'are trademarks of The American Institute of Architects.This draft was produced at 22 16:58:18 ET on 01/04/2024 under Order No.4164246954 which expires on 11/13/2024.is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents5 Terms of Service.To report copynght violations,e-mail docinfo@aiacontracts corn. User Notes: (1917531733) Certification of Documents Authenticity AIA®Document D401 TM —2003 I,Thomas Betti,hereby certify,to the best of my knowledge,information and belief,that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 16:58:18 ET on 01/04/2024 under Order No.4104246954 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA®Document B 133TM—2019,Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition,other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D401—2003.Copyright©1992 and 2003.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:58:18 ET on 01/04/2024 under Order No.4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1917531733) • ITEM: 4.S. ••••• • ••• COUNCIL MEETING DATE: January 11, 2024 Apple Valley SECTION: Consent Agenda Description: Approve Professional Services Agreement with Johnson Laffen Galloway Architects, Ltd., d/b/a JLG Architects, for Design and Development of Apple Valley Family Aquatic Center Associated with 2023 Parks Bond Referendum Staff Contact: Department/ Division: Eric Carlson, Parks & Recreation Director Parks and Recreation Department ACTION REQUESTED: Approve Professional Services agreement with Johnson Laffen Galloway Architects, Ltd., d/b/a JLG Architects, for design and development of Apple Valley Family Aquatic Center associated with the 2023 Parks Bond Referendum, in the amount of $492,000 plus reimbursable expenses estimated at $20,000. SUMMARY: Staff is seeking authorization to enter into an Agreement with Johnson Laffen Galloway, Ltd., d/b/a JLG Architects, to lead the planning and design of the proposed improvements to the Apple Valley Family Aquatic Center associated with the 2023 Parks Bond Referendum. Proposed improvements include: • Updated mechanical systems • Refurbished slides and pool shell • Additional shade structures and play features • Re-theming and renaming the facility • Updated concession stand, admission gate, and bathhouse • Technology and landscaping improvements • Explore options for energy efficiency (such as solar) We anticipate the following tentative schedule: 1. Design and public engagement - Spring and Summer 2024 2. Construction - Fall 2024 through Spring 2025 3. Grand re-opening - Summer 2025 We anticipate some public engagement from the entire community on the theming and renaming of the facility. Please note that this proposal was reviewed by the Parks and Recreation Advisory Committee at their December 7, 2023, meeting, and the Committee is recommending approval. A standard AIA contract will be used for this Agreement, which has been reviewed and approved by the City Attorney's office and is attached for reference. BACKGROUND: For the last several years, the City of Apple Valley has worked with the community to determine the future needs and desires residents have for parks and recreation services. On Tuesday, November 7, Apple Valley voters approved two separate questions in a special election, authorizing a total of $73.25 million to invest in parks, trails, natural resources, Kelley Park, Redwood Park, Hayes Arena, the Apple Valley Family Aquatic Center, the Apple Valley Community Center and Senior Center, a youth baseball/softball complex at Hayes Park, and a community pool at Redwood Park. It will take four to six years to implement the improvements approved by voters. As we develop projects, we will involve residents in the planning process. Information on plans and construction progress will be provided on our website so residents can see what work is planned for each location and how the referendum dollars are being spent. Staff is currently working on the selection of a Construction Manager. We anticipate hiring the same firm to manage the construction of Kelley Park, Redwood Park, AVFAC, AVCC/AVSC, and the youth baseball/softball complex at Hayes Park. Staff is still determining the best method for delivering the hundreds of smaller projects proposed in the referendum. BUDGET IMPACT: Funding for this Agreement comes from the successful 2023 Parks Bond Referendum. The project budget for the Apple Valley Family Aquatic Center is $8,200,000. ATTACHMENTS: Proposal Agreement JL architects November 28, 2023 (Revised 12/2/2023) Mr. Eric Carlson Parks and Recreation Director,CPRE 14603 Hayes Rd Apple Valley,MN 55124 Via Email: eric.carlson@applevallevmn.gov RE: Professional Services Fee Proposal for Apple Valley Family Aquatic Center Dear Eric: Per our discussions and as requested,JLG Architects is pleased to submit a fee proposal for architectural and engineering services for the addition and renovation projects for the Apple Valley Family Aquatic Center. It is understood that the project budget is $8.2M based on the previous study 292/JLG completed in 2023.The construction budget is estimated at$6.56M(80%of$8.2M). Professional Architectural and Engineering Services JLG will lead the project for architectural and engineering design and coordination. Project scope includes: • Asset protection o Mechanical equipment replacement: Filtration,pumps,chemical feed,electrical panels/switchgear, remote monitoring o Pool shell-separate zero depth from diving-end o Slide refurbishment o Bath-house/restroom modifications: unisex and adult changing table • Shade structures for patrons and lifeguards • Theming • Landscaping upgrades • Volleyball court/lawn games • Technology upgrades:Safety,Wifi,fiber,cameras,programmable locks/card readers • Sound system • Lighting upgrades • Solar panels • Concessions modifications • Entry modifications • Plus,items as outlined on Attachment A, attached hereto Apple Valley Family Aquatic Center Services • Stakeholder engagement to consist of meeting with stakeholders as identified by the City of Apple Valley.The meetings can be virtual or in-person.JLG anticipates 2 to 3 groups and staff meetings to cover the engagement part of the project. Also,JLG will provide all materials required for posting on Social Pinpoint and the city's website. • Traditional Schematic Design, Design Development,and Construction Documents for Apple Valley Family Aquatic Center Improvements. • Cost estimates and engineering estimates for the work. • Bidding and construction administration services. Including pre-construction meetings, review shop drawings, process payment applications and process field administration items. • Prepare a punch-list and assist with closing out the project. • Prepare final as-builts based on the general contractors marked up field drawings. Schedule: The anticipated schedule for the projects is as follows: Project planning will happen in early 2024 with construction anticipated in fall of 2024.The schedule will be refined as further conversations are held between the city,design-team,and construction management team (CM TBD). Compensation: JLG will provide Architectural services, Nelson-Rudie and Associates will provide Structural and MEP engineering services, Reengineered will provide aquatic engineering services,and Confluence will provide civil engineering and landscape architecture services. JLG recommends a percentage-based compensation approach based on the budget estimate established during the study phase of the project that was completed in 2023. JLG proposes a 7.5%fee.The fee will be converted to a fixed fee after an approved Design Development budget by the City. Utilizing the construction cost budget of$6.56M this equates to a fee of $492,000.The fee per discipline is as follows: JLG Architects $262,000.00" Nelson-Rudie and Associates $115,000.00" Reengineered 60,000.00* Branding Consultant(TBD) 20,000.00* Confluence $35,000.00" Total Phase 1 B Compensation $492,000.00 *The fee split between firms are estimates until final scope of each discipline is determined during the schematic design phase The above fees do not include other specialty consultants,reimbursable expenses,special inspections,and permit fees. Reimbursable expenses for travel, postage,reproductions are estimated at$20,000. The city should anticipate additional fees will be incurred for the following services that are not a part of the services outlined above: • Site Survey of outdoor areas. Fee is estimated at$20,000.00 • Soil borings for improvements will be required • Special inspections. Fee is estimated at$10,000.00 The JLG Architects Team believes the above noted fee is a competitive fee for the scope of services being provided. If you have any questions, please feel free to call me to discuss. JLG would convert this proposal into an industry standard AIA B133 or B101 contract based on the delivery method used for construction. Our team is ready to start on this important project,and each of the team members are committed to providing the City of Apple Valley with the personal dedication it deserves. We know our team's relevant experience and passion for this project type will make this project a true success.We appreciate the opportunity to submit our fee and look forward to discussing how we can assist you in this significant effort. Sincerely, —f-dell Thomas J. Betti,AIA, NCARB Senior Principal APPROVED BY: By: Its: Date: Attachment A Apple Valley Family Aquatic Center 1) Highlights a) Solar Panels b) Theming c) Mechanical Equipment i) Filtration ii) Pumps iii) Chemical Feed iv) Electrical Panels/Switch Gear v) Remote Monitoring d) Pool Shell e) Slide Refurbishment f) Bath House/Restroom Modifications i) Unisex ii) Adult Changing Station g) Shade h) Technology i) Programable Locks/Card Reader ii) WiFi iii) Fiber iv) Cameras v) System to help lifeguards vi) Safety vii) Chemicals i) Modifications to reduce staffing j) Sound system k) Lighting i) LED ii) Colors I) Landscape m) VB Courts n) Lawn Games o) Lifeguard Shade p) Entrance Modifications q) Concessions Modifications 2) Miscellaneous a) JLG proposes using Rengineered. Reengineered performed the study of the existing aquatic center systems b) Emergency Exit Gates c) Irrigation iAIA ) Document B133® - 2019 Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition AGREEMENT made as of the Eleventh day of January in the year Two Thousand and Twenty Four ADDITIONS AND DELETIONS: (In words, indicate day, month and year.) The author of this document has added information needed for its BETWEEN the Architect's client identified as the Owner: completion.The author may also (Name, legal status, address, and other information) have revised the text of the original AIA standard form.An Additions and City of Apple Valley Deletions Report that notes added 7100 147th Street W Apple Valley,MN 55124 information as well as revisions to the 952-953-2500 standard form text is available from the author and should be reviewed.A vertical line in the left margin of this and the Architect: document indicates where the author (Name, legal status, address, and other information) has added necessary information and where the author has added to or Johnson Laffen Galloway Architects,Ltd.d/b/a JLG Architects deleted from the original AIA text. 710 South 2nd Street This document has important legal 8th Floor consequences.Consultation with an Minneapolis,MN 55401 attorney is encouraged with respect to its completion or modification. for the following Project: This document is intended to be used (Name, location, and detailed description) in conjunction with AIA Documents A201-2017Tm,General Conditions of Apple Valley Family Aquatics Center the Contract for Construction; 14421 Johnny Cake Ridge Road,Apple Valley,MN A133-2019TM Standard Form of Agreement Between Owner and The Construction Manager(if known): Construction Manager as (Name, legal status, address, and other information) Constructor where the basis of payment is the Cost of the Work Plus To be determined a Fee with a Guaranteed Maximum Price;and A134-2019TM Standard The Owner and Architect agree as follows. Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee without a Guaranteed Maximum Price.AIA Document A201 TM-2017 is adopted in this document by reference.Do not use with other general conditions unless this document is modified. Init. AIA Document B133—2019.Copyright©2014,and 2019 All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This document was produced at 15:56:09 ET on 01/04/2024 under Order No.4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com User Notes: (1249343799) The Project is located at 14421 Johnny Cake Ridge Road,Apple Valley MN 55124. § 1.1.3 The Owner's budget: (Provide total and, if known, a line item breakdown.) Eight Million and Two Hundred Thousand and no/100 Dollars($8,200,000.00)is the total budget for the Project,which includes an estimated Six Million Five Hundred Sixty Thousand and no/100 Dollars($6,560,000.00)for the Cost of Work defined in Section 6.1 plus compensation of the Architect;plus the compensation of the Construction Manager;plus contingencies for changes in the Work;and plus any costs that are the responsibility of the Owner. § 1.1.4 The Owner's anticipated design and construction milestone dates: .1 Design phase milestone dates,if any: January—May 2024 .2 Construction commencement date: August/September 2024 .3 Substantial Completion date or dates: April2025 .4 Other milestone dates: § 1.1.5 The Owner intends to retain a Construction Manager pursuant to one of the following agreements: (Indicate agreement type.) AIA Document A133-2019,Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price,as amended by Owner.OR AIA Document A134-2019,Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee without a Guaranteed Maximum Price,as amended by Owner. § 1.1.6 (Paragraphs deleted) Intentionally deleted. § 1.1.7 (Paragraphs deleted) Intentionally deleted. § 1.1.7.1 Intentionally deleted. § 1.1.8 The Owner identifies the following representative in accordance with Section 5.4: (List name, address, and other contact information.) Eric Carlson 7100 147th Street W Apple Valley,MN 55124 952-953-2310 Eric.Carlson@applevalleymn.gov Init. AIA Document B133-2019.Copyright©2014,and 2019 All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 15 56:09 ET on 01/04/2024 under 3 Order No.4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents'Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts com User Notes: (1249343799) Minneapolis,MN 55401 Telephone Number:612-398-7450 Mobile Number:612-819-4088 ameyerring@j1garchitects.com § 1.1.12 The Architect shall retain the consultants identified in Sections 1.1.12.1 and 1.1.12.2: (List name, legal status, address, and other contact information.) § 1.1.12.1 Consultants retained under Basic Services: .1 Architect: .2 Civil Engineer: Confluence,Inc. 901 North Third Street,Suite 225,Minneapolis,MN 55401 .3 Structural Engineer: Nelson-Rudie&Associates,Inc. 9100 49th Ave N Minneapolis,Minnesota 55428 .4 Mechanical Engineer: Nelson-Rudie&Associates,Inc. 9100 49th Ave N Minneapolis,Minnesota 55428 .5 Electrical Engineer: Nelson-Rudie&Associates,Inc. 9100 49th Ave N Minneapolis,Minnesota 55428 .6 Aquatic Engineer: reengineered,inc. 8621 Edmonson Ave NE,Monticello,Minnesota 55362 .7 Branding Consultant: To be determined. § 1.1.12.2 Intentionally deleted. § 1.1.13 Intentionally deleted. § 1.2 The Owner and Architect may rely on the Initial Information.Both parties,however,recognize that the Initial Information may materially change and,in that event,the Owner and the Architect shall appropriately adjust the Architect's services,schedule for the Architect's services,and the Architect's compensation.The Owner shall adjust the Owner's budget for the Cost of the Work and the Owner's anticipated design and construction milestones,as necessary,to accommodate material changes in the Initial Information. § 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. (Paragraph deleted) Init. AIA Document B133—2019.Copyright C 2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AlA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 15.56:09 ET on 01/04/2024 uncer 5 Order No.4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo©aiacontracts.com. User Notes: (1249343799) ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in this Article 3 and include usual and customary structural,mechanical,civil,aquatic and electrical engineering and landscape services. Services not set forth in this Article 3 are Additional Services. § 3.1.1 The Architect shall manage the Architect's services,research applicable design criteria,attend Project meetings, communicate with members of the Project team,and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services and its consultants'services with those services provided by the Owner, the Construction Manager,and the Owner's consultants(if any).The Architect shall be entitled to rely on,and shall not be responsible for,the accuracy,completeness,and timeliness of,services and information furnished by the Owner,the Construction Manager,and the Owner's consultants(if any).The Owner,shall be entitled to rely on,and shall not be responsible for the accuracy,completeness,and timeliness of the services and information furnished by the Architect and Architect's consultants.The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error,omission,or inconsistency in such services or information furnished by the Owner,the Construction Manager, and the Owner's consultants(if any).The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any error,omission,or inconsistency in such services and information furnished by the Architect or the Architect's consultants. § 3.1.3 As soon as practicable after the date of this Agreement,the Architect shall submit,for the Owner's review and approval,a schedule for the performance of the Architect's services.The schedule shall include design phase milestone dates,as well as the anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information.The schedule shall include allowances for periods of time required for the Owner's selection of a Construction Manager,the Owner's review of the schedule,for the Construction Manager's review of the schedule,for the performance of the Construction Manager's Preconstruction Phase services,for the performance of the Architect's consultants,for the performance of the Owner's consultants(if any),and for approval of submissions by authorities having jurisdiction over the Project.Once reviewed by both the Owner and Construction Manager and approved by the Owner after receipt of the Construction Manager's recommendation/comments,time limits established by the schedule shall not,except for reasonable cause,be exceeded by the Architect or Owner.With the Owner's approval,the Architect shall adjust the schedule,if necessary,as the Project proceeds until the commencement of construction. § 3.1.4 The Architect shall submit information to the Construction Manager and participate in developing and revising the Project schedule as it relates to the Architect's services.The Architect shall review and approve,or take other appropriate action upon,the portion of the Project schedule relating to the performance of the Architect's services. §3.1.5 The Architect shall not be responsible for an Owner's directive or substitution,or for the Owner's acceptance of non-conforming work,made or given without the Architect's written approval. § 3.1.6 The Architect shall,in coordination with the Construction Manager,contact governmental authorities required to approve the Construction Documents and entities providing utility services to the Project.The Architect shall respond to applicable design requirements imposed by those authorities and entities. § 3.1.7 The Architect shall assist the Owner and Construction Manager in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.1.8 Prior to the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal,or the Owner's approval of the Construction Manager's Control Estimate,as applicable,the Architect shall consider the Construction Manager's requests for substitutions and,upon written request of the Construction Manager,provide clarification or interpretations pertaining to the Drawings,Specifications,and other documents submitted by the Architect.The Architect and Construction Manager shall include the Owner in communications related to substitution requests,clarifications,and interpretations. §3.2 Review of the Construction Manager's Guaranteed Maximum Price Proposal or Control Estimate § 3.2.1 At a time to be mutually agreed upon by the Owner and the Construction Manager,the Construction Manager shall prepare,for review by the Owner and Architect,and for the Owner's acceptance or approval,a Guaranteed Maximum Price proposal or Control Estimate.The Architect shall assist the Owner in reviewing the Construction Manager's Init. AIA Document B133—2019 Copyright 02014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This document was produced at 15:56:09 ET on 01/04/2024 under 7 Order No.4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts com User Notes: (1249343799) § 3.3.8 In the further development of the Drawings and Specifications during this and subsequent phases of design,the Architect shall be entitled to rely on the accuracy of the estimates of the Cost of the Work,which are to be provided by the Construction Manager under the Construction Manager's agreement with the Owner. § 3.4 Design Development Phase Services § 3.4.1 Based on the Owner's approval of the Schematic Design Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Design Development Documents for the Owner and Construction Manager's review and the Owner's approval.The Design Development Documents shall be based upon information provided,and estimates prepared by,the Construction Manager and shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans,sections,elevations,typical construction details,and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural,structural, mechanical and electrical systems,and other appropriate elements.The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. § 3.4.2 A public engagement process will occur during the Design Development Phase,which will include focus group meetings and public online and in person open houses with key stakeholders including,but not limited to the Apple Valley Arts Foundation,residents,city council,staff,boards and commissions.Public engagement will include up to 5 focus groups meetings and 2 to 3 in person open house events. Council and commission presentations will be done as necessary throughout the design process and public input will be made available on the Apple Valley Parks Social Pinpoint website. § 3.4.3 Prior to the conclusion of the Design Development Phase,the Architect shall submit the Design Development Documents to the Owner and the Construction Manager.The Architect shall meet with the Owner and Construction Manager to review the Design Development Documents.The Architect and Owner's staff shall meet in the Design Development Phase process as needed upon the request of either the Architect or the Owner's staff.Any Owner directed changes that significantly modify the Project design after the completion of the Design Development Phase,shall be deemed additional services billed at an hourly rate(See exhibit A)or on negotiated sum basis upon the Architect providing written notice to the Owner of any perceived additional services and the Owner's written approval thereof. § 3.4.4 The Architect shall provide the Owner with two design resubmittals as required by the Owner. § 3.4.5 The Architect shall provide the Owner with probable costs opinions through the Construction Documents Phase. Upon receipt of the Construction Manager's information and estimate at the conclusion of the Design Development Phase,the Architect shall take action as required under Sections 6.5 and 6.6 and request the Owner's approval of the Design Development Documents. § 3.5 Construction Documents Phase Services § 3.5.1 Based on the Owner's approval of the Design Development Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Construction Documents for the Owner and Construction Manager's review and the Owner's approval.The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Plans and Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that,in order to perform the Work,the Construction Manager will provide additional information,including Shop Drawings,Product Data, Samples and other similar submittals,which the Architect shall review in accordance with Section 3.6.4. § 3.5.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the Project into the Construction Documents. § 3.5.3 During the development of the Construction Documents,if requested by the Owner,the Architect shall assist the Owner and Construction Manager in the development and preparation of(1)the Conditions of the Contract for Construction(General,Supplementary and other Conditions)and(2)a project manual that includes the Conditions of the Contract for Construction and Specifications and may include sample forms. Init. AIA Document B133—2019 Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 15:56:09 ET on 01/04/2024 under g Order No 4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1249343799) § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents.Whenever the Architect considers it necessary or advisable,the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents,whether or not the Work is fabricated,installed or completed.However,neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Construction Manager, Subcontractors,suppliers,their agents or employees,or other persons or entities performing portions of the Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under,and requirements of,the Contract Documents on written request of either the Owner or Construction Manager.The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of,and reasonably inferable from,the Contract Documents and shall be in writing or in the form of drawings.When making such interpretations and decisions,the Architect shall endeavor to secure faithful performance by both Owner and Construction Manager,shall not show partiality to either,and shall not be liable for results of interpretations or decisions rendered in good faith.The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 3.6.2.5 The Architect shall prepare final as-builts based on the Construction Manager and its contractors marked-up field drawings. § 3.6.3 Certificates for Payment to Construction Manager § 3.6.3.1 The Architect shall review and certify the amounts due the Construction Manager and shall issue certificates in such amounts.The Architect's certification for payment shall constitute a representation to the Owner,based on the Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Construction Manager's Application for Payment,that,to the best of the Architect's knowledge,information and belief,the Work has progressed to the point indicated,the quality of the Work is in accordance with the Contract Documents,and that the Construction Manager is entitled to payment in the amount certified.The foregoing representations are subject to(1)an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion,(2)results of subsequent tests and inspections,(3)correction of minor deviations from the Contract Documents prior to completion,and(4)specific qualifications expressed by the Architect. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has(1)made exhaustive or continuous on-site inspections to check the quality or quantity of the Work,(2)reviewed construction means,methods, techniques,sequences or procedures,(3)reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Construction Manager's right to payment,or(4)ascertained how or for what purpose the Construction Manager has used money previously paid on account of the Contract Sum. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.4 Submittals § 3.6.4.1 The Architect shall review the Construction Manager's submittal schedule and shall not unreasonably delay or withhold approval of the schedule.The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or,in the absence of an approved submittal schedule,with reasonable promptness while allowing sufficient time,in the Architect's professional judgment,to permit adequate review. § 3.6.4.2 The Architect shall review and approve,or take other appropriate action upon,the Construction Manager's submittals such as Shop Drawings,Product Data and Samples,but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities,and installation or performance of equipment or systems,which are the Construction Manager's responsibility. The Architect's review shall not constitute approval of safety precautions or construction means,methods,techniques, sequences or procedures.The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 3.6.4.3 If the Contract Documents specifically require the Construction Manager to provide professional design services or certifications by a design professional related to systems,materials,or equipment,the Architect shall specify the Init. AIA Document B133—2019.Copyright©2014,and 2019.All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AlA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 15:56.09 ET on 01/04/2024 under 11 Order No 4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts corn. User Notes: (1249343799) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) § 4.2 Architect's Additional Services The Architect may provide Additional Services as outlined in this Agreement upon receipt of written approval from the Owner. (Paragraphs deleted) ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement,the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project,including a written program which shall set forth the Owner's objectives;schedule;constraints and criteria,including space requirements and relationships;flexibility;expandability; special equipment;systems;and site requirements. § 5.2 The Owner shall retain a Construction Manager to provide services,duties,and responsibilities as described in the agreement selected in Section 1.1.5. § 5.3 The Owner shall establish the Owner's budget for the Project,including(1)the budget for the Cost of the Work as defined in Section 6.1;(2)the Owner's other costs;and,(3)reasonable contingencies related to all of these costs.The Owner shall update the Owner's budget for the Project as necessary throughout the duration of the Project until final completion.If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work,the Owner shall notify the Architect and Construction Manager.The Owner and the Architect,in consultation with the Construction Manager,shall thereafter agree to a corresponding change in the Project's scope and quality. § 5.3.1 The Owner acknowledges that accelerated,phased or fast-track scheduling provides a benefit,but also carries with it associated risks.Such risks include the Owner incurring costs for the Architect to coordinate and redesign portions of the Project affected by procuring or installing elements of the Project prior to the completion of all relevant Construction Documents,and costs for the Construction Manager to remove and replace previously installed Work.If the Owner selects accelerated,phased or fast-track scheduling,the Owner agrees to include in the budget for the Project sufficient contingencies to cover such costs. § 5.4 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project.The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 5.5 The Owner shall furnish surveys to describe physical characteristics,legal limitations and utility locations for the site of the Project. § 5.6 The Owner shall furnish services of geotechnical engineers if the Owner determines they are needed for the Project,. § 5.7 The Owner shall coordinate the services of its own consultants(if any)with those services provided by the Architect.The Owner shall require that its consultants(if any)and contractors(if any)maintain insurance,including professional liability insurance,as appropriate to the services or work provided. § 5.8 The Owner shall furnish tests,inspections and reports required by law or the Contract Documents not otherwise being provided by the Architect. § 5.9 The Owner shall furnish all legal,insurance and accounting services,including auditing services,that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.10 The Owner shall provide prompt written notice to the Architect and Construction Manager if the Owner becomes aware of any fault or defect in the Project,including errors,omissions or inconsistencies in the Architect's Instruments of Service. § 5.11 The Owner shall include the Architect in all communications with the Construction Manager that relate to or affect the Architect's services or professional responsibilities.The Owner shall promptly notify the Architect of the substance of Init. AIA Document B133—2019 Copyright©2014,and 2019.All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This document was produced at 15:56:09 ET on 01/04/2024 under 13 Order No.4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts corn. User Notes: (1249343799) § 6.7 After incorporation of modifications under Section 6.6,the Architect shall make any required revisions to the Drawings,Specifications or other documents necessitated by the Construction Manager's subsequent cost estimates,the Guaranteed Maximum Price proposal,or Control Estimate that exceed the Owner's budget for the Cost of the Work,due to changes initiated by the Architect in scope,basic systems,or the kinds and quality of materials,finishes or equipment. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 Unless expressly covered by Section 7.2,the Architect and the Owner warrant that in transmitting Instruments of Service,or any other information,the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. § 7.2 The work product of Architect's services,including results,and all ideas,developments,and inventions which the Architect conceives or reduces to practice during the course of its performance under this Agreement and subsequently reimbursed for by the Owner for such work product shall be the exclusive property of the Owner.This information,and material,and any such inventions shall be deemed the Owner's proprietary information and shall not be disclosed to anyone outside of the Owner or used by the Architect or others without the prior written consent of the Owner. Provided, however,the Architect has the right to reuse such information and material in the normal course of its business and retains all rights in its standard drawing details and specifications,and in all field data,notes and databases. Other than reuse or modification by the Architect,the Owner waives all claims against the Architect resulting from any changes or reuse of such information and material. The Architect will furnish the Owner with electronic data versions of certain drawings or other written documents("Digital Data")compatible with the Owner's software(to the extent possible)unless otherwise agreed upon and/or provided in hard copy form. In the event of any conflict between a hard copy document and the Digital Data,the hard copy document governs. The Digital Data shall be prepared in the current software in use by the Architect and is not warranted to be compatible with other systems or software. Any Digital Data submitted by the Architect to the Owner is submitted for an acceptance period of 60 days("Acceptance Period"). Any defects that the Owner discovers during this period and reports to the Architect will be corrected by the Architect at no extra charge. For corrections of defects reported to the Architect after the Acceptance Period,the Owner shall compensate Architect on an hourly basis at Architect's billing rates set forth at Exhibit A. (Paragraphs deleted) ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to this Agreement,whether in contract,tort,or otherwise,in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law,but in any case not more than 10 years after the date of Substantial Completion of the Work.The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance,the Owner and Architect waive all rights against each other and against the contractors,consultants,agents and employees of the other for damages,except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201-2017,General Conditions of the Contract for Construction,as amended by Owner.The Owner or the Architect,as appropriate,shall require of the Construction Manager,contractors,consultants,agents and employees of any of them,similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect shall indemnify and hold the Owner and the Owner's officers and employees harmless from and against damages,losses and judgments arising from claims by third parties,including reasonable attorneys'fees and expenses recoverable under applicable law,but only to the extent they are caused by the negligent acts or omissions of the Architect,its employees and its consultants in the performance of professional services under this Agreement.The Architect's obligation to indemnify and hold the Owner and the Owner's officers and employees harmless does not include a duty to defend.The Architect's duty to indemnify the Owner under this Section 8.1.3 shall be limited to the available proceeds of the insurance coverage required by this Agreement. (Paragraph deleted) § 8.2 Mediation § 8.2.1 Any claim,dispute,or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution.However,the parties may proceed in accordance with Init. AIA Document B133—2019.Copyright©2014,and 2019.All rights reserved,"The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 15 56:09 ET on 01/04/2024 under 5 Order No 4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used,n accordance with the AIA Contract Documents'Terms of Service To report copyright violations,e-mail docinfo@aiacontracts.com User Notes: (1249343799) § 9.7 (Paragraphs deleted) Except as otherwise expressly provided herein,this Agreement shall terminate two years from the date of Final Completion of the Project. § 9.8 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7. (Paragraph deleted) ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located,excluding that jurisdiction's choice of law rules § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2017,General Conditions of the Contract for Construction as amended by Owner,except as modified in this Agreement.The term"Contractor" as used in A201-2017 shall mean the Construction Manager. § 10.3 The Owner and Architect,respectively,bind themselves,their agents,successors,assigns,and legal representatives to this Agreement.The Architect shall not assign this Agreement without the written consent of the Owner.The Owner may assign this Agreement if the assignee agrees to assume the Owner's rights and obligations under this Agreement, including any payments due to the Architect by the Owner prior to the assignment. § 10.4 If the Owner requests the Architect to execute certificates,the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution.If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender,the Architect shall execute all such consents that are consistent with this Agreement,provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution.The Architect shall not be required to execute certificates or consents that would require knowledge,services,or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with,or a cause of action in favor of,a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement,the Architect shall have no responsibility for the discovery,presence, handling,removal or disposal of,or exposure of persons to,hazardous materials or toxic substances in any form at the Project site. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials.The Architect shall be given reasonable access to the completed Project to make such representations.However,the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary.The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project.This Section 10.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4. § 10.8 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions.If it is determined that any provision of the Agreement violates any law,or is otherwise invalid or unenforceable,then that provision shall be revised to the extent necessary to make that provision legal and enforceable.In such case the Agreement Init. AIA Document B133—2019.Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 15.56:09 ET on 01/04/2024 under 17 Order No 4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documentse Terms of Service To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1249343799) Payment to be submitted to the following address: JLG Architects Attn:Accounting 323 Demers Ave 2nd Floor Grand Forks,ND 58201 § 11.10.1.2 The Owner shall provide a schedule of values that allocates the stipulated sum identified in§11.1.1 among the scope of Architect's Basic Services identified in Article 3 herein.The schedule of values will be used by the parties to evaluate the Architect's invoices. (Paragraphs deleted) § 11.10..2 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect,or to offset sums requested by or paid to contractors for the cost of changes in the Work,unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10..3 Records of Reimbursable Expenses,expenses pertaining to Additional Services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS (Paragraphs deleted) Intentionally deleted. ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations,representations or agreements,either written or oral.This Agreement may be amended only by written instrument signed by both the Owner and Architect. § 13.2 This Agreement is comprised of the following documents identified below: .1 AIA Document B 133TM._2019,Standard Form Agreement Between Owner and Architect,Construction Manager as Constructor (Paragraphs deleted) Edition,as amended by Owner. (Paragraph deleted) .2 Exhibits: (Paragraphs deleted) Exhibit"A":JLG Hourly Compensation and Reimbursable Expenses. Exhibit"B":JLG Image Release .4 Other documents: (List other documents, if any,forming part of the Agreement.) This Agreement entered into as of the day and year first written above. OWNER(Signature) ARCHITECT(Signature) Clint Hooppaw,Mayor Thomas Betti,Principal (Printed name and title) (Printed name, title, and license number, if required) OWNER(Signature) Init. AIA Document B133-2019 Copyright 02014,and 2019.All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This document was produced at 15.56:09 ET on 01/04/2024 under 19 Order No 4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts com. User Notes: (1249343799) Additions and Deletions Report for AIA®Document B133® —2019 This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added to the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from the original AIA text.Added text is shown underlined.Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 15:56:09 ET on 01/04/2024. PAGE 1 AGREEMENT made as of the Eleventh day of January in the year Two"Thousand and Twenty Four City of Apple Valley 7100 147th Street W Apple Valley.MN 55124 952-953-2500 Johnson Laffen Galloway Architects.Ltd.d/b/a JLG Architects 710 South 2nd Street 8th Floor Minneapolis.MN 55401 Apple Valley Family Aquatics Center 14421 Johnny Cake Ridge Road.Apple Valley.MN To be determined PAGE 2 § 1.1.1 The Owner's program overview for the Project: The Project includes professional design services,construction,and implementation of improvements to the Apple Valley Family Aquatic Center.The process will involve community engagement.city approvals,council and committee meetings.and cost estimating.The Architect's project team will include Architecture.Civil Engineering, Electrical Engineering. Structural Engineering.and Mechanical Engineering and Aquatic Engineering,design and coordination services,as well as branding consultation. The Project includes preliminary evaluation and preliminary design(concept design)and the preparation of Schematic Design.Design Development.and Construction Documentation for all improvements as identified in the approved concept design.The Project may include mechanical equipment replacement,including filtration,pumps,chemical feed,electrical panels/switch gear.remote monitoring,pool shell(separate zero depth from diving-end),slide refurbishment.bath-house/restroom modifications(unisex and adult changing station).shade structures for patrons and lifeguards,theming.landscaping upgrades.volleyball court/lawn games.technology upgrades(safety.Wi-Fi. fiber.cameras,programmable locks/card readers,chemicals.system to help lifeguards).sound system. lighting Additions and Deletions Report for AIA Document B133—2019.Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 15:56:09 ET on 01/04/2024 under Order No 4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1249343799) the .Intentionally deleted. Eric Carlson 7100 147th Street W Apple Valley.MN 55124 952-953-2310 Eric.Carlson@applevallevmn.gov PAGE 4 Kayla Hechsel 7100 147th St W Apple Valley.MN 55124 952-953-2304 Kayla.hechsel@applevalleymn.gov To be determined. To be determined(if needed) Adam Meyerring JLG Architects 710 South 2nd Street 8th Floor Minneapolis.MN 55401 Telephone Number:612-398-7450 Mobile Number:612-819-4088 ameyerring(al i I garch i tects.com PAGE 5 .1 Structural Architect: .2 Civil Engineer: Confluence. Inc. 901 North Third Street,Suite 225.Minneapolis.MN 55401 .3 Structural Engineer: Nelson-Rudie&Associates.Inc. 9100 49'h Ave N Minneapolis,Minnesota 55428 2.4 Mechanical Engineer: Nelson-Rudie&Associates.Inc. 9100 49th Ave N Minneapolis,Minnesota 55428 .5 Electrical Engineer: Nelson-Rudie&Associates. Inc. 9100 49'h Ave N Minneapolis.Minnesota 55428 Additions and Deletions Report for AIA Document B133—2019.Copyright 0 2014,and 2019> All rights reserved.'The American Institute of Architects,"American Institute of Architects;'AIA,'the AIA Logo,and'AIA Contract Documents'are trademarks of The American Institute of Architects.This draft was produced at 3 15:56:09 ET on 01/04/2024 under Order No.4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts corn. User Notes: (1249343799) § 2.6.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability and Employers Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.6.1 and 2 .2,2.6.2 and 2.6.5,and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. § 2.6.5 Employers' Liability with policy limits not less than(S )($2,000.000.00Zeach accident,($- ($2.000,000.00)each employee,and(S—)-($2,000,000.00)policy limit. § 2.6.6 Professional Liability covering negligent acts,errors and omissions in the performance of professional services,with policy limits of not less than . 5 00.000.00 er claim d ($5,000,000.00)in the aggregate.The Architect agrees that the deductible within its Professional Liability policy shall not exceed$200.000.00. § 2.6.7 Additional Insured Obligations.To the fullest extent permitted by law,the Architect shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Architect's negligent acts or omissions.The additional insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations.The Architect shall cause the primary and excess or umbrella policies for Commercial General Liability and Automobile Liability and Professional Liability policy to include a statement that such insurance cannot be cancelled until thirty(30)days after the Owner has received written notice of the insured's intention to cancel the insurance.except of 10 days notice of cancellation due to non-payment. § 2.6.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.6.Section 2.6 prior to commencement of Architect's Basic Services hereunder and prior to the expiration of the term dates identified on the certificates for the insurance listed thereon. PAGE 7 § 3.1 The Architect's Basic Services consist of those described in this Article 3 and include usual and customary structural,mechanical,civil.aquatic and electrical engineering and landscape services.Services not set forth in this Article 3 are Supplemental-of-Additional Services. § 3.1.2 The Architect shall coordinate its services and its consultants'services with those services provided by the Owner,the Construction Manager,and the Owner's eensoltants:consultants(if any).The Architect shall be entitled to rely on,and shall not be responsible for,the accuracy,completeness,and timeliness of,services and information furnished by the Owner,the Construction Manager,and the Owner's consultants(if any).The Owner,shall be entitled to rely on,and shall not be responsible for the accuracy.completeness.and timeliness of the services and information furnished by the Architect and Architect's consultants.The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error.omission.or inconsistency in such services or information furnished by the Owner.the Construction Manager.and the Owner's consultants(if any).The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any error,omission,or inconsistency in such services Of infor ►ation.and information furnished by the Architect or the Architect's consultants. § 3.1.3 As soon as practicable after the date of this Agreement,the Architect shall submit,for the Genstfuetien i mer's review and the Owner's approval,a schedule for the performance of the Architect's services.The schedule shall include design phase milestone dates,as well as the anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information.The schedule shall include allowances for periods of time required for the Owner's , selection of a Construction Manager.the Owner's review of the schedule.for the Construction Manager's review of the schedule.for the performance of the Construction Manager's Preconstruction Phase services,for the performance of the Architect's consultants,for the performance of the Owner's consultants(if any),and for approval of submissions by authorities having jurisdiction over the Project.Once _ Additions and Deletions Report for AIA Document B133—2019 Copyright©2014,and 2019>.All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This draft was produced at 5 15:56:09 ET on 01/04/2024 under Order No.4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com User Notes: (1249343799) Development Documents shall be based upon information provided,and estimates prepared by,the Construction Manager and shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans,sections,elevations,typical construction details,and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural,mechanical and electrical systems,and other appropriate elements.The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. § 3.4.2 A public engagement process will occur during the Design Development Phase,which will include focus group meetings and public online and in person open houses with key stakeholders including,but not limited to the Apple Valley Arts Foundation,residents,city council.staff.boards and commissions. Public engagement will include up to 5 focus groups meetings and 2 to 3 in person open house events. Council and commission presentations will be done as necessary throughout the design process and public input will be made available on the Apple Valley Parks Social Pinpoint website. § 3.4.3 Prior to the conclusion of the Design Development Phase,the Architect shall submit the Design Development Documents to the Owner and the Construction Manager.The Architect shall meet with the Owner and Construction Manager to review the Design Development Documents.The Architect and Owner's staff shall meet in the Design Development Phase process as needed upon the request of either the Architect or the Owner's staff.Any Owner directed changes that significantly modify the Project design after the completion of the Design Development Phase.shall be deemed additional services billed at an hourly rate(See exhibit A)or on negotiated sum basis upon the Architect providing written notice to the Owner of any perceived additional services and the Owner's written approval thereof. § 3.4.4 The Architect shall provide the Owner with two design resubmittals as required by the Owner. 4 3.4.5 The Architect shall provide the Owner with probable costs opinions through the Construction Documents Phase. Upon receipt of the Construction Manager's information and estimate at the conclusion of the Design Development Phase.the Architect shall take action as required under Sections 6.5 and 6.6 and request the Owner's approval of the Design Development Documents. § 3.5.1 Based on the Owner's approval of the Design Development Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Construction Documents for the Owner and Construction Manager's review and the Owner's approval.The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Plans and Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work. § 3.5.3 During the development of the Construction Documents,if requested by the Owner,the Architect shall assist the Owner and Construction Manager in the development and preparation of(1)the Conditions of the Contract for Construction(General,Supplementary and other Conditions)and(2)a project manual that includes the Conditions of the Contract for Construction and Speei€+cations,Specifications and may include sample forms. § 3.5.4 .During the development of the Construction Documents.the Architect shall:(a) conduct Building Code review with building officials and State Officials;(b)review all Project site circulation and access with JOP.Inc..a consultant of the Owner.related to ADA issues;(c)prepare documents suitable for review for compliance with applicable governmental requirements and assist the Owner with submission to government Additions and Deletions Report for AIA Document B133—2019.Copyright©2014,and 2019>.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This draft was produced at 7 15:56:09 ET on 01/04/2024 under Order No.4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com User Notes: (1249343799) recent construction schedule submitted by the Construction Manager,and(3)defects and deficiencies observed in the Work. PAGE 11 § 3.6.2.5 r i ie, he Owner and Constructi... e,.nager designate ther pe .,t„ o ,�tnit .The Architect shall prepare final as-builts based on the Construction Manager and its contractors marked-up field drawings. PAGE 12 § 3.6.4.4 SubjectSeetio n 4.2,the The Architect shall review and respond to requests for information about the Contract Documents.The Architect shall set forth,in the Contract Documents,the requirements for requests for information.Requests for information shall include,at a minimum,a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested.The Architect's response to such requests shall be made in writing within any time limits agreed upon,or otherwise with reasonable promptness.If appropriate,the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for information. § 3.6.5.1 The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time.Subject to Section 4.2.the The Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. Intentionally deleted. at44e Additions and Deletions Report for AIA Document B133—2019 Copyright O 2014,and 2019>.All rights reserved The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This draft was produced at 9 15:56:09 ET on 01/04/2024 under Order No 4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo©aiacontracts com User Notes: (1249343799) us provided in Section 11.2. The Architect may provide Additional Services as outlined in this Agreement upon receipt of written approval from the Owner. .1 Ser ices necessitated by a c11 given by the Constructs where-sti€4-exc-ef&-is--doe-to-ehafte&--i•Ritiated-- -tbe-Afehitee4414-seope,eapaeities-o-f-Isesie-systemsr Of •off t#he efist+44ati-t:-Or contractors; a n.. a: it i odels • ' eedi r le „I eed: o ept ,d,ere al r r r n r r- 'r tti Shan the rcmac,. n-agei-OFeen-ver. Estimate: d inc-luiled-i-R44e-Guttranteed-Max-itiltru:14-44-ic-e-A-utenielffieRt-of-C-offtfol-Estiinate §-4.-2,24e-awkiii-delay--ita--the-Geosif+tet-ien--1Thaser4ke--Afel+i4e€4-54a1-1-previde-the-fal-lowingAdititional-Ser4eesr notify Additions and Deletions Report for AIA Document B133—2019.Copyright O 2014,and 2019>.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This draft was produced at 11 15:56:09 ET on 01/04/2024 under Order No 4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts com. User Notes: (1249343799) The Owner shall furnish tests. inspections and reports required by law or the Contract Documents not otherwise being provided by the Architect. § 5.9 The Owner shall al furnish all legal.insurance and accounting services. including auditing services.that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.10 The Owner shall ' ..provide prompt written notice to the Architect and Construction Manager if the Owner becomes aware of any fault or defect in the Project.including errors.omissions or inconsistencies in the Architect's Instruments of Service. § 5.11 The Owner shall ' : ..include the Architect in all communications with the Construction Manager that relate to or affect the Architect's services or professional responsibilities.The Owner shall promptly notifv the Architect of the substance of any direct communications between the Owner and the Construction Manager otherwise relating to the Project.Communications by and with the Architect's consultants shall he through the Architect. § 5.12 The Owner shall Instruments efSen.:ce coordinate the Architect's duties and responsibilities set forth in the Agreement between the Owner and the Construction Manager with the Architect's services set forth in this Agreement.The Owner shall provide the Architect a copy of the executed agreement between the Owner and Construction Manager. including the General Conditions of the Contract for Construction. § 5.13 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Construction Manager to provide the Architect access to the Work wherever it is in preparation or progress. § 5.14 ' GeneFal--Conditions-4-tlie-Centfaet-fer—Cens4r-uetion-Mithin a reasonable time after receipt of a written request from the Architect.the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate.give notice of claims. pis. § 5.16 Within 15 da e requested in-f ' t for the ^rchitect' evaluate.give notice of.or enforce lien rights. § 6.1 For purposes of this Agreement,the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the " h' d.' ll ' ' de'•-cent Manager's' al Architect.The Cost of the Work also includes the reasonable value of labor, Additions and Deletions Report for AIA Document B133—2019.Copyright CO 2014,and 2019>.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This draft was produced at 13 15:56:09 ET on 01/04/2024 under Order No.4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts con User Notes: (1249343799) terminates this,Agreement f r n nder Section_Q 4. consultants. Agreement. § 8.1.2 To the extent damages are covered by property insurance,the Owner and Architect waive all rights against each other and against the contractors,consultants,agents and employees of the other for damages,except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201-2017,General Conditions of the Contract for Genstfuetion,Construction.as amended by Owner.i'he Owner or the Architect,as appropriate,shall require of the Construction Manager,contractors,consultants,agents and employees of any of them,similar waivers in favor of the other parties enumerated herein. § 8.2.1 Any claim,dispute,or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. `out ofth, ^rchito se _ the h+tee-1 Iowever.the parties may proceed in accordance with applicable law to comply with the lien notice or filing deadlines liline deadlines.such as statutes of limitations.prior to resolution of the matter by mediation or b-, binding disputer el-a4e•'.mediation. § 8.2.2 The Owner and Architect shall endeavor to resolve claims,disputes and other matters in question between them by Agreement.mediation.A request for mediation shall be made in writing,delivered to the other party to this Ag nd filed th the it. .,d n stering-the medii, ion. Agreement.The request may be made concurrently with the filing of a complaint hut,in such event,mediation shall proceed in advance of binding dispute resolution proceedings,which shall be stayed pending mediation for a period of 60 days from the date of filing,unless stayed for a longer period by agreement of the parties or court order. . seleetieR-424-the-4oiaitfa4er-H-aftil-agfee-utmi-a-sehedul-e-fer--l-ater—pFeeeedi-H-gs,s § 8.2.3 The parties shall share the mediator's fee and n•• fi ling fees equally.The mediation shall be held in the place where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. PAGE 16 Additions and Deletions Report for AIA Document B133—2019 Copyright©2014,and 2019> All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 15 15:56:09 ET on 01/04/2024 under Order No 4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts com. User Notes: (1249343799) and the suspension.The Architect's time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project,the Architect shall be compensated for services performed prior to notice of such suspension.When the Project is resumed,the Architect shag be ed f r e u. he Architect'sfees f_the- o ndthe time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect,the Architect may terminate this Agreement by giving not less than seven thirty (31))days'written notice. § 9.4 Either party may terminate this Agreement upon not less than seven-thirty (30)days'written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. PAGE 17 § 9.7 pursuant-to Section 9.5.or the A " thi A g` `o nt Sect: hall p ytothe Architect the following foes. licensing fee.) .1 Termination Fee: e: Except as otherwise expressly provided herein.this Agreement shall terminate two years from the date of Final Completion of the Project. § 9.8 .. The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7. §-49-4:44e4-3vinerLs-Fights--to-nse-tneAfeniteetls-1-nstruments-of-Serv-i-ee-in4he-event-ukt-termination-elLthis-A-greement § 10.1 This Agreement shall be governed by the law of the place where the Project is located,excluding that jurisdiction's choice of law n: the Federal Arbitration Act sh„ll o n-Section 8..rules § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2017,General Conditions of the Contract for Construction.Construction as amended by Owner.except as modified in this Agreement.The term"Contractor"as used in A201-2017 shall mean the Construction Manager. § 10.3 The Owner and Architect,respectively,bind themselves,their agents,successors,assigns,and legal representatives to this Agreement. The Architect shall not assign this Agreement without the written consent of the then t that the O..~ n this Agreement to a l,u lendernder Owner.The Owner may assign this Agreement if the assignee agrees to assume the Owner's rights and obligations under this Agreement,including any payments due to the Architect by the Owner prior to the assignment. Additions and Deletions Report for AIA Document B133—2019.Copyright 0 2014,and 2019>All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 17 15:56:09 ET on 01/04/2024 under Order No 4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts corn. User Notes: (1249343799) Serviees) percent ( 144 u�.� Design Develop t nh se percent ( 44) percent ( 444 percent ( 44e4 red percent ( 4-440 444 The Owner acknowledges that ith a elerated P e e h rtt.ase o f Ser ice. iate § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants are set forth below.The See attached Exhibit A for hourly rates § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic,Supplemental and Additie al Services follows: ' ubsisteneei 9 1 e .,distance ,Iedieated data and,. z nde s; Additions and Deletions Report for AIA Document B133—2019 Copyright©2014,and 2019>.All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This draft was produced at 19 15:56:09 ET on 01/04/2024 under Order No.4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts com. User Notes: (1249343799) r th. al pla, of bu ,ter thdN 1, § 11.10..2 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect.or to offset sums requested by or paid to contractors for the cost of'changes in the Work. unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding, 11.10..3 Records of Reimbursable Expenses.expenses pertaining to Additional Services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. Intentionally deleted. PAGE 19 .1 AIA Document B 133TM-2019,Standard Form Agreement Between Owner and Architect,Construction Manager as Constructor Edition .2 AlAi-Document v3TM 201 Z Building In iwim ., Aodeling and Digital Daata E=*hibif dated. . Edition,as amended by Owner. —.2 Exhibits: ( ] AIA Document[234TM 2019.Sustainable Projects Exhibit.Construction Manager as (Insert the date oft _ H- . ._. Exhibit "A":JLG Hourly Compensation and Reimbursable Expenses. Exhibit"B":JIG Image Release Clint Hooppaw,Mayor Thomas Betti.Principal Additions and Deletions Report for AIA Document B133—2019.Copyright©2014,and 2019>.All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 21 15:56:09 ET on 01/04/2024 under Order No.4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts com User Notes: (1249343799) Certification of Documents Authenticity AIA®Document D401 —2003 I,Thomas Betti,hereby certify,to the best of my knowledge,information and belief,that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 15:56:09 ET on 01/04/2024 under Order No.4104246954 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA®Document B 133TM—2019,Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition,other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D401—2003.Copyright©1992 and 2003.All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 15:56 09 ET on 01/04/2024 under Order No.4104246954 which expires on 11/13/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail dodnfo@aiacontracts.com. User Notes: (1249343799) • ITEM: 4.T. ••••• • ••• COUNCIL MEETING DATE: January 11, 2024 Apple Valley SECTION: Consent Agenda Description: Approve Professional Services Agreement with Confluence, Inc., for Design and Development of Youth Baseball/Softball Complex Associated with 2023 Parks Bond Referendum Staff Contact: Department/ Division: Eric Carlson, Parks & Recreation Director Parks and Recreation Department ACTION REQUESTED: Approve Professional Services agreement with Confluence, Inc., for design and development of youth baseball/softball complex associated with the 2023 Parks Bond Referendum, in the amount of$312,000 plus reimbursable expenses. SUMMARY: Staff is seeking authorization to enter into an Agreement with Confluence, Inc., to lead the planning and design of a youth baseball/softball complex associated with the 2023 Parks Bond Referendum. ISD 196 has agreed to consider construction of the complex on the Westview Elementary School property (adjacent to Hayes Park) and will be involved in the process. The City of Apple Valley and ISD 196 will enter into a Joint Powers Agreement (JPA) that will help identify construction, maintenance, and use expectations. Proposed improvements include: • Four-field youth baseball/softball complex designed in a wheel to be located on Westview Elementary School property • Athletic lighting, scoreboards, fencing, irrigation, etc., for the complex • Review of the layout of all of Hayes Park for potential redevelopment opportunities • Potential outdoor pickleball court construction We anticipate the following tentative schedule: 1. Design and public engagement - Spring 2024 through Fall 2024 2. Construction - Fall 2024 through Fall 2025 3. Grand opening - Spring 2026 We anticipate working closely with ISD 196, EVAA, VAA, and the neighborhood surrounding Hayes Park along with the entire community as we develop plans for the youth baseball/softball complex. Please note that this proposal was reviewed by the Parks and Recreation Advisory Committee at their December 7, 2023, meeting, and the Committee is recommending approval. A standard AIA contract will be used for this Agreement, which has been reviewed and approved by the City Attorney's office and is attached for reference. BACKGROUND: For the last several years, the City of Apple Valley has worked with the community to determine the future needs and desires residents have for parks and recreation services. On Tuesday, November 7, Apple Valley voters approved two separate questions in a special election, authorizing a total of $73.25 million to invest in parks, trails, natural resources, Kelley Park, Redwood Park, Hayes Arena, the Apple Valley Family Aquatic Center, the Apple Valley Community Center and Senior Center, a youth baseball/softball complex at Hayes Park, and a community pool at Redwood Park. It will take four to six years to implement the improvements approved by voters. As we develop projects, we will involve residents in the planning process. Information on plans and construction progress will be provided on our website so residents can see what work is planned for each location and how the referendum dollars are being spent. Staff is currently working on the selection of a Construction Manager. We anticipate hiring the same firm to manage the construction of Kelley Park, Redwood Park, AVFAC, AVCC/AVSC, and the youth baseball/softball complex at Hayes Park. Staff is still determining the best method for delivering the hundreds of smaller projects proposed in the referendum. BUDGET IMPACT: Funding for this Agreement comes from the successful 2023 Parks Bond Referendum. The project budget for the youth baseball/softball complex is $5,200,000. ATTACHMENTS: Proposal Agreement con FLlUEf10E January 2, 2024 City of Apple Valley Attention: Eric Carlson, Parks and Recreation Director Apple Valley Parks & Recreation Department 14603 Hayes Road Apple Valley, MN 55124 RE: An Agreement for Provision of Professional Services Apple Valley Hayes Fields Project Eric: We are pleased to submit this professional services agreement for Schematic Design, Design Development through Construction Documentation and Construction Administration Design Services as provided herein between the City of Apple Valley(Client)and Confluence(Consultant), project lead. We are looking forward to working on your project! Project The Project for the City of Apple Valley includes professional design services, construction, and implementation of improvements to Hayes Park and the creation of the Hayes Fields as part of a successful Parks Bond Referendum.The process will involve community engagement, city approvals, council and parks committee meetings, and cost estimating.The project team will include Landscape Architecture, Civil Engineering, Electrical Engineering, Geotechnical Engineering, and Structural Engineering. Article 1: Design Services Project: Hayes Sports Fields Improvements Professional Services for Hayes Sports Fields • Schematic Design, Design Development and Construction Documentation for all park improvements as identified in the concept design with a project budget of $5,200,000.This will include a new four field youth baseball and softball complex, with covered dugouts, scoreboards, site furnishings, stormwater, integrated turf, fencing and lighting. • Cost estimating for the improvements. • Bidding and construction administration services. Including construction meetings, review shop drawings, process payment applications and process of field administration items. • Preparation of a punch-list and assist with closing out the project. • Prepare final as-builts based on the general contractors marked up field drawings. thinkconfluence.com Professional Team Confluence landscape architecture, Stantec engineering for electrical, structural and civil, and Braun for Geotechnical. Construction Timeline and Schedule • Design and Public Engagement for Hayes Park will begin in Spring of 2024 • Approvals and Bidding of Hayes Park will be completed in Fall of 2024 • Construction of Redwood Park will begin in Fall of 2025 and conclude in the summer of 2025. 1 Part One: Schematic Design - City Approval and Review 1.0 Schematic Design Services to be provided under this agreement include Landscape Architecture, Civil Engineering, Electrical Engineering and Structural Engineering and scope refinement as needed from the preferred concept design. 1.2 Based on the Concept Design Development phase submission approved by the City, the Consultant shall prepare Schematic Design Documents suitable for City of Apple Valley Planned Approvals. Develop as required by City of Apple Valley Site Plan, entitlement, and approval submittal requirements. 1.3 Identify,with the Client, needs such as, but not limited to: 1.3.1 Development of landscape and hardscape areas in park. 1.3.2 Development of Ball Fields, structures and required services for practice areas, seating,gathering, maintenance and storage facilities. 1.3.3 Utilities and Infrastructure. 1.3.4 Plazas, lawns and open space,w/access to parking, circulation, and restrooms. 1.3.5 Relationship to existing adjacent building, school and park development. 1.3.6 Site furnishings and specialty features. 1.3.7 Irrigation 1.3.8 Stormwater and green infrastructure. 1.3.9 Site, lighting and electrical needs. 1.3.10 Site grading. 1.3.11 Fencing, access, and security. 1.3.12 Pollinator and natural areas. 1.3.13 Park signage and wayfinding. 1.4 The Public Engagement process will include focus group meetings and public online and in person open houses with key stakeholders including but not limited to the Apple Valley and Eastview Athletic Associations,Apple Valley residents, city council, staff, boards, and commissions. Public engagement will include up to 8 focus group meetings and 2-3 in person open house events. Council and commission presentations will be done as necessary throughout the process. Information throughout the design process and public input will also be available on the Apple Valley Parks Social Pinpoint website. APPLE VALLEY PARKS HAYES FIELDS IMPLEMENTATION/23487 Page 2 of 11 thinkconfluence.com 1.5 Develop plans for approvals and SD level costing, needs such as, but not limited to: 1.5.1 Existing Conditions plan 1.5.2 Site Grading and Utility plans 1.5.3 Stormwater Management plan 1.5.4 Site and Landscape plan with certificate of survey as the base 1.5.5 Planting Plans 1.5.6 Site and Planting Details as needed. 1.5.7 Hardscape Plans 1.5.8 Ball Field Plans 1.5.8.1 Field and infield layout plans 1.5.8.1 Fencing, gates and backstops 1.5.8.1 irrigation 1.5.8.1 Bull pens, batting cages and warm up areas 1.5.8.1 Schematic Level Models 1.5.9 Walkways and trails 1.5.10 Site Furnishings and amenities 1.5.11 Electrical and technology requirements 1.5.12 Proposed materials 1.5.13 Outline Specifications 1.5.14 Site Lighting Photometrics concepts 1.6 The final product shall be graphic illustrations, drawings and renderings necessary to communicate the Schematic Site Design for costing and the city and state approval process needed. 1.7 Existing Utility Coordination will be coordinated with the City and State on all site development and its relationship to current site utilities and access. 1.4 Meetings and coordination with the City, Staff, Construction Manager(CM), Consultant Team, and their representatives, as needed. 1.5 The Consultant Team Coordination: We will coordinate internally with all disciplines throughout the design and implementation process. 1.6 Consultant will provide the Client with probable cost opinions. 1.7 These documents shall be reviewed by the Client,with any comments and minor revisions occurring in this phase.Any City directed changes that significantly modify approved direction from the design,this would be deemed extra services and billed on an hourly basis. Consultant will identify any perceived extra services prior to proceeding with work. 1.8 Provide up to two design resubmittals as required by City Approvals APPLE VALLEY PARKS HAYES FIELDS IMPLEMENTATION/23487 Page 3 of 11 thinkconfluence.com 2 Part Two: Design Development 2.1 Design Development Services to be provided under this agreement include Landscape Architecture, Civil Engineering, Electrical and Structural Engineering are detailed below. 2.2 Based on the Schematic Design phase submission approved by the Client,the Consultant shall prepare Design Development Documents suitable for bidding or contract negotiations and for construction of the Project. Develop as required by City of Apple Valley needs such as, but not limited to: 2.2.1 Construction plans and documents including: 2.2.1.1 Site preparation/demolition plan 2.2.1.2 Layout plan(s) 2.2.1.3 Site Grading and drainage plans 2.1.1.3.1 Final Subdivision Plan 2.1.1.3.2 Existing Conditions Plan 2.1.1.3.3 Preliminary and Final Grading/Drainage and Stormwater Pollution Prevention Plans 2.1.1.3.4 Preliminary and Final Utility Plan 2.1.1.3.5 Stormwater Management Plan 3.1.1.4 Fields and structures plans 2.1.1.4.1 Field and infield Plans 2.1.1.4.2 Dugouts, shade and storage structures 2.1.1.4.3 Practice areas including bull pens, batting cages and warm up areas. 2.1.1.4.4 Fencing, backstops, and gates. 3.2.2.5 Electrical and Technology Plans 3.2.2.5 Site Furnishings &amenities plans 3.2.2.5 Landscape and Hardscape plans 3.2.2.5 Site Circulation and maintenance access plans 3.2.2.5 Detail Drawings 2.1.1.10.1 Prepare construction details to describe the materials, spatial relationships, connections, and finished suitable for constructing the proposed improvements. 3.2.2.5 Specifications 2.1.1.12.1 Prepare specifications for the proposed improvements. 2.1.1.12 Lighting and Photometric plans 2.2.2 Conduct Code review with building officials and State officials. 2.2.3 Review all site circulation and access with JQP Inc., a subconsultant of the city of Apple Valley as related to ADA issues. 2.2.4 Update opinion of probable costs of the proposed improvements. 2.2.5 Prepare documents suitable for review for compliance with applicable governmental requirements and assist the Client in the submission to governmental agencies. APPLE VALLEY PARKS HAYES FIELDS IMPLEMENTATION/23487 Page 4 of 11 thinkconfluence.com 2.2.6 Address timely and applicable review comments received from agencies and revise Design Development Documents for compliance when required. 2.2.7 Submit one electronic pdf set of the Design Development Documents. Printed copies will be Reimbursable Expense. 2.2.8 Meetings and coordination with Client, CM, Consultant and Sub Consultants throughout process. 2.3 These documents shall be reviewed by the Client,with any comments and minor revisions occurring in this phase. Any Client or CM directed changes that significantly modify the approved direction from site plan submittal will be deemed extra services and billed on an hourly basis. The Consultant will identify any perceived extra services prior to proceeding with work, whenever possible. 3 Part Three: Construction Documents 3.1 Construction Document Services to be provided under this agreement include Landscape Architecture, Civil Engineering, Electrical Engineering and Structural Engineering and are detailed below. 3.2 Based on the Schematic Design Development phase submission approved by the Client, the Consultant shall prepare Construction Documents suitable for bidding or contract negotiations and for construction of the Project. Develop as required by City of Apple Valley needs such as, but not limited to: 3.2.2 Construction plans and documents including: 3.2.2.1 Site preparation/demolition plan 3.2.2.2 Layout plan(s) 3.2.2.3 Site Grading and drainage plans 3.2.2.3.1 Final Subdivision Plan 3.2.2.3.2 Existing Conditions Plan 3.2.2.3.3 Preliminary and Final Grading/Drainage and Stormwater Pollution Prevention Plans 3.2.2.3.4 Preliminary and Final Utility Plan 3.2.2.3.5 Stormwater Management Plan 3.2.2.4 Fields and structures plans 3.2.2.4.1 Field and infield Plans 3.2.2.4.2 Dugouts, shade and storage structures 3.2.2.4.3 Practice areas including bull pens, batting cages and warm up areas. 3.2.2.4.4 Fencing, backstops, and gates. 3.2.2.5 Electrical and Technology Plans 3.2.2.6 Site Furnishings &amenities plans 3.2.2.7 Landscape and Hardscape plans 3.2.2.8 Site Circulation and maintenance access plans 3.2.2.9 Specifications 3.2.2.9.1 Prepare specifications for the proposed improvements. APPLE VALLEY PARKS HAYES FIELDS IMPLEMENTATION/23487 Page 5 of 11 thinkconfluence.com 3.2.2.10 Lighting and Photometric plans 3.2.2.11 Irrigation performance specifications 3.2.2.12 Detail Drawings 3.2.2.10.1 Prepare construction details to describe the materials, spatial relationships, connections, and finished suitable for constructing the proposed improvements. 3.2.3 Conduct Code review with building officials and State officials. 3.2.4 Review all site circulation and access with JQP Inc., a subconsultant of the city of Apple Valley as related to ADA issues. 3.2.5 Coordinate with Dakota County on Tunnel placement and location and how it integrates into the construction documents. 3.2.6 Update opinion of probable costs of the proposed improvements. 3.2.7 Prepare documents suitable for review for compliance with applicable governmental requirements and assist the Client in the submission to governmental agencies. 3.2.8 Address timely and applicable review comments received from agencies and revise Construction Documents for compliance when required. 3.2.9 Submit one electronic pdf set of the Construction Documents. Printed copies will be Reimbursable Expense. 3.2.10 Meetings and coordination with Client, CM, Consultant and Sub Consultants throughout process. 3.3 These documents shall be reviewed by the Client,with any comments and minor revisions occurring in this phase. Any Client or CM directed changes that significantly modify the approved direction from site plan submittal will be deemed extra services and billed on an hourly basis. The Consultant will identify any perceived extra services prior to proceeding with work,whenever possible. 4 Part Four: Construction Administration 4.2 Meetings with the Client, Consultant, Sub Consultants, CM and Contractors, as needed. 4.3 Assist with Bidding Process and bid review as needed. 4.4 Site visits, (resident services will be charged hourly) preparation of progress reports, responses to RFI's and generation of project completion punch lists as needed. APPLE VALLEY PARKS HAYES FIELDS IMPLEMENTATION/23487 Page 6 of 11 thinkconfluence.com 4.5 Coordinate funding dollar requirements with CM to see if prevailing wage is required on federal money allocated to the playground. 4.6 Weekly coordination meetings, pre-construction meetings, site inspections, punch, substantial completion, and warranty inspections. Article 2: Fees and Expenses: 2.1 Compensation for Hayes Park: We recommend a percentage of construction cost approach based on the budget estimate established during the concept design phase of the project completed in 2025. It is understood that the project budget is set at$5.2M. 2.2 The construction budget is estimated at$4.16M (80% of$4.16M).We propose a 7.5%fee. Utilizing the construction cost budget this equates to a fee of$312,000. 2.3 Reimbursable Expenses are expenditures made by the Design Teams,their employees, and consultants in the interest of the Project plus an administrative fee of 15%. Reimbursable Expenses include but are not limited to travel expenses, costs of reproduction of documents, postage, services of professional consultants which cannot be quantified at the time of contracting, and other, similar, direct Project related expenditures. See Exhibit A for Confluence standard Reimbursable Expenses. 2.4 If the project is suspended for more than three (3) months, or abandoned in whole or in part, this firm shall be paid their compensation for services performed prior to receipt of written notice from the Client of such suspension or abandonment,together with reimbursable expenses then due and all terminal expenses resulting from such suspension or abandonment. Article 3: Standard Services 3.1 Supplemental Services. Supplemental Services are beyond the basic Scope of Services, and when requested in writing by the Client, shall entitle the Consultant to additional compensation (either on the hourly basis stated in"Exhibit A"or the basis of a negotiated sum) beyond the Compensation stated in Article 6 Consultant Compensation. 3.2 Standard of Care. The Consultant Services shall be performed with care and diligence in accordance with the professional standards applicable at the time and in the location of the Project and appropriate for a project of the nature and scope of this Project. 3.3 Changes to Approved Services. Revisions to drawings or other documents shall constitute Supplemental Services made necessary because of Client-requested changes to previously approved drawings or other documents, or because of Client changes to previous Project budget parameters or Project requirements. 3.4 Schedule of Performance. The Client's signature on this Agreement shall be the basis for the Consultant to begin providing services for the Project. The Consultant shall perform the APPLE VALLEY PARKS HAYES FIELDS IMPLEMENTATION/23487 Page 7 of 11 thinkconfluence.com services per the Client's proposed schedule and complete the project by August 2026 or as agreed 200 days from the date of execution of this agreement by the City. Article 4: Client's Responsibilities 4.1 Information. The Client shall provide data about the site and other information on which the design is to be based as well as Client's budget parameters for the Project. Some data for the site may be provided as part of the Scope of Services.The Consultant shall be entitled to rely on the accuracy and completeness of information provided by the Client. 4.2 Budget. The Consultant shall reasonably strive to propose designs and prepare documents consistent with the Client's budget parameters. If provided by the Consultant as a part of the Scope of Services, opinions of probable construction costs are based on the Consultant's familiarity with the construction industry and are provided only to assist the Client's budget planning. Such opinions shall not be construed to provide a guarantee or warranty that the actual construction costs will be within the Project budget parameters at the time construction bids are solicited or construction contracts negotiated. 4.3 Approvals. The Client's decisions, approvals, reviews, and responses shall be communicated to the Consultant in a timely manner so as not to delay the performance of the Consultant Services. 4.4 Project Permit and Review Fees. The Client shall pay all fees required to secure jurisdictional approvals for the Project. Article 5: Ownership of Documents 5.1 The Consultant shall be deemed the author and owner of all document's deliverables developed pursuant to this Agreement and provided to the Client by the Consultant (collectively,the "Design Materials"). Subject to payment by the Client of all fees and Reimbursable Expenses owed to the Consultant,the Consultant grants the Client an irrevocable, non-exclusive license to reproduce the Design Materials solely for to the construction of the Project and for information and reference with respect to the use of the Project. Article 6: Consultant Compensation 6.1 Monthly payments to the Consultant shall be based on (1)the percentage of Scope of Services completed and shall include payments for(2) Supplemental Services performed, and (3) Reimbursable Expenses incurred. 6.2 Payments are due and payable 45 days from the date of the Consultant's invoice. Invoiced amounts unpaid 60 days after the invoice date shall be determined overdue and shall accrue 1.5% simple interest per month.At the Consultant's option, overdue payments may be grounds for termination or suspension of services. In the event any portion or all of an account remains unpaid 120 days after billing, the Client shall pay all costs of collection, including reasonable attorney's fees. APPLE VALLEY PARKS HAYES FIELDS IMPLEMENTATION/23487 Page 8 of 11 thinkconfluence.com Article 7: Insurance, Indemnification, Consequential Damages& Limitation of Liability 6.1 Insurance. The Consultant shall secure and maintain insurance coverages indicated as follows: Coverage: Liability Limits: Professional Liability: $2,000,000 per claim/$4,000,000 aggregate Commercial General Liability: $1,000,000 per claim/$2,000,000 aggregate Comprehensive Automobile Liability: $1,000,000 combined single limit Umbrella Liability: $3,000,000 each occurrence/$3,000,000 aggregate Drone Aviation Liability: $1,000,000 per claim Workers Compensation: $2,000,000 per claim/$2,000,000 policy limit 6.2 Indemnification: Client and Consultant each agree to indemnify and hold harmless the other, and their respective officers, employees, and representatives,from and against liability for losses, damages, and expenses, including reasonable attorney's fees, to the extent such losses, damages or expenses are caused by the indemnifying party's negligent acts, errors, or omissions. In the event losses, damages or expenses are caused by the joint or concurrent negligence of the Client and Consultant, they shall be borne by each party in proportion to its negligence. 6.3 Consequential Damages. The Consultant and the Client waive consequential damages for claims, disputes, or other matters in question which arise of or are related to this Agreement, including but not limited to consequential damages due to the termination of this Agreement by either party in accordance with the provisions of Article 7 thereof. 6.4 Limitation of Liability. To the maximum extent permitted by law,the Client agrees to limit the Consultant's liability for the Client's damages to the sum of$50,000.00. This limitation shall apply regardless of the cause of action or legal theory pled or asserted. Article 8: Dispute Resolution 7.1 If a dispute arises out of or relates to this agreement,the parties shall endeavor to resolve their differences first through direct discussions. If the dispute has not been settled within 14 days of the initial discussions,the parties shall submit the dispute to mediation,the cost of which shall be shared equally by both parties. 7.2 For any claim subject to, but not resolved by, mediation pursuant to 6.1,the method of binding dispute resolution shall be as follows: ❑ Arbitration pursuant to the Construction Industry Mediation Rules of the American Arbitration Association ❑X Litigation in a court of competent jurisdiction 7.3 Nothing in these provisions shall limit rights or remedies not expressly waived under applicable lien laws. APPLE VALLEY PARKS HAYES FIELDS IMPLEMENTATION/23487 Page 9 of 11 thinkconfluence.com Article 9: Termination 8.1 This agreement may be terminated by either party on seven (7) days'written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination, provided the defaulting party has not cured or in good faith diligently commenced to cure the breach during the 7-day notice period. If the project is terminated,the Consultant shall be paid their compensation for services performed prior to receipt of written notice from the Client,together with reimbursable expenses and applicable taxes then due. Article 10: Other Terms&Conditions 10.1 Promotional Materials & Images. The Consultant shall have the right to include photographic or artistic representations of the design of the Project among the Consultant's promotional and professional materials. The Consultant shall be given reasonable access to the completed Project to make such representations. However,the Consultant's materials shall not include the Client's confidential or proprietary information if the Client has previously advised the Consultant in writing of the specific information considered by the Client to be confidential or proprietary. The Client shall provide professional credit for the Consultant in the Client's promotional materials for the Project. 10.2 Assignment. Neither party shall assign their interest in this Agreement without the expressed written consent of the other, except as to the assignment of the proceeds. 10.3 Governing Law. The laws of the State of Minnesota shall govern this agreement. 10.4 Complete Agreement. This Agreement represents the entire understanding between the Client and Consultant and supersedes all prior negotiations, representations, or agreements, whether written or oral with respect to its subject matter. The person(s)signing this Agreement on behalf of the parties hereby individually warrant that they have full legal power to execute this Agreement on behalf of the respective parties and to bind and obligate the parties with respect to all provisions contained herein.This Agreement may be amended only in writing signed by both the Client and Consultant. Offered by: Accepted By: Confluence, Inc. City of Apple Valley 1-2-2023 Signature& Date Signature& Date Terry Minarik - Principal Printed Name&Title Printed Name&Title Confluence 901 North Third Street Suite 225 Minneapolis, Minnesota 55401 APPLE VALLEY PARKS HAYES FIELDS IMPLEMENTATION/23487 Page 10 of 11 thinkconfluence.com Exhibit"A": Landscape Architect's Standard Hourly Rates & Reimbursable Expenses STANDARD HOURLY RATES Senior Principal $160.00 - $230.00 per hour Principal $140.00 - $195.00 per hour Associate Principal $130.00 - $170.00 per hour Associate $110.00 - $160.00 per hour Senior Project Manager $100.00 - $150.00 per hour Project Manager $90.00- $120.00 per hour Senior Landscape Architect $90.00-$120.00 per hour Landscape Architect $80.00 - $110.00 per hour Senior Project Planner $90.00 -$120.00 per hour Planner II $80.00 - $110.00 per hour Planner I $70.00 - $100.00 per hour Landscape Architect-In-Training $70.00 - $100.00 per hour Landscape Architect Intern / Landscape Designer $60.00- $85.00 per hour Draftsperson $50.00 - $85.00 per hour Graphic Designer $70.00 - $100.00 per hour Clerical /System Staff $42.00 - $80.00 per hour REIMBURSABLE EXPENSES Social Pinpoint Public Engagement Tool $1,500.00 Filing Fees 1.15 x cost Materials and Supplies 1.15 x cost Meals and Lodging 1.15 x cost Mileage $.56 per mile Postage 1.15 x cost Printing by Vendor 1.15 x cost B/W Photocopies/Prints 81/2 x 11 $.05 each B/W Photocopies/Prints 11 x17 $.09 each Color Photocopies/Prints 81 x 11 $.65 each Color Photocopies/Prints 1lx17 $1.50 each Large Format Plotting- Bond $2.50/SF Large Format Plotting- Mylar $4.50/SF Large Format Plotting- Photo $5.00/SF Flash Drives $10.00 each Booklet Binding(cover, coil, back) $4.50 each Foam Core $8.00 each Easel Pads $32.75 each Electronic Files $50.00 Each Online Meeting Service $35.00 Each Effective 1/1/2023 End of Exhibit"A" APPLE VALLEY PARKS HAYES FIELDS IMPLEMENTATION/23487 Page 11 of 11 thinkconfluence.com Z. !AIi-V Document B133® - 2019 Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition AGREEMENT made as of the 11th day of January in the year 2024 (In words, indicate day, month and year.) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Architect's client identified as the Owner: added information needed for its (Name, legal status, address, and other information) completion.The author may also have revised the text of the original City of Apple Valley AIA standard form.An Additions and 7100 147th Street W Apple Valley,MN 55124 Deletions Report that notes added Telephone Number:952-953-2500 information as well as revisions to the standard form text is available from the author and should be reviewed.A and the Architect: vertical line in the left margin of this (Name, legal status, address, and other information) document indicates where the author has added necessary information Confluence,Inc. and where the author has added to or 901 North Third Street deleted from the original AIA text. Suite 225 This document has important legal 612-333-3702 consequences.Consultation with an attorney is encouraged with respect for the following Project: to its completion or modification (Name, location, and detailed description) This document is intended to be used in conjunction with AIA Documents Apple Valley Youth BB/SB A201-2017TM,General Conditions of 14601 Hayes Rd,Apple Valley,MN the Contract for Construction; A133-2019TM Standard Form of Agreement Between Owner and The Construction Manager(if known): Construction Manager as (Name, legal status, address, and other information) Constructor where the basis of payment is the Cost of the Work Plus To be determined a Fee with a Guaranteed Maximum Price;and A134_2019TM Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of The Owner and Architect agree as follows. payment is the Cost of the Work Plus a Fee without a Guaranteed Maximum Price AIA Document A201 TM-2017 is adopted in this document by reference.Do not use with other general conditions unless this document is modified. Init. AIA Document B133—2019.Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:05:58 ET on 01/04/2024 under Order No 2114498324 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts corn. User Notes: (1685410649) TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (For each item in this section, insert the information or a statement such as "not applicable"or "unknown at time of execution.") § 1.1.1 The Owner's Project Overview: (Insert the Owner's program, identify documentation that establishes the Owner's program, or state the manner in which the program will be developed.) The Project includes professional design services,construction,and implementation of improvements to Hayes Fields. The process will involve community engagement,city approvals,council and parks committee meetings and cost estimating.The Architect's project team will include Landscape Architecture,Architecture,Civil Engineering,Electrical and Mechanical Engineering,Geotechnical Engineering,Structural Engineering and Aquatic Engineering. The Project includes preliminary evaluation and preliminary design(concept design)and the preparation of Schematic Design,Design Development,and Construction Documentation for all park improvements as identified in the approved concept design.The Project may include a new four field youth baseball and softball complex with covered dugouts, scoreboards,site furnishings,stormwater,integrated turf,fencing and lighting. § 1.1.2 The Project's physical characteristics: (Ident(or describe pertinent information about the Project's physical characteristics, such as size; location; dimensions;geotechnical reports;site boundaries; topographic surveys; traffic and utility studies;availability of public and private utilities and services; legal description of the site, etc.) This project is located at 14601 Hayes Rd.Apple Valley MN 55124 § 1.1.3 The Owner's budget for the Cost of the Work,as defined in Section 6.1: (Provide total and, if known, a line item breakdown.) Init. AIA Document B133—2019.Copyright©2014,and 2019 All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:05:58 ET on 01/04/2024 under 2 Order No 2114498324 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail dodnfo@aiacontracts corn. User Notes: (1685410649) Five Million,Two Hundred Thousand and no/100 Dollars($5,200,000.00)is the total budget for the Project,which includes an estimated Four Million One Hundred Sixty Thousand and no/100 Dollars($4,160,000.00)for the Cost of the Work defined in section 6.1 plus compensation of the Architect,plus the compensation of the construction Manager,plus contingencies for changes in the Work,and plus any costs that are the responsibility of the Owner. § 1.1.4 The Owner's anticipated design and construction milestone dates: .1 Design phase,if any: January 2024—August 2024 .2 Construction dates: September 2024—August 2025 .3 Substantial Completion date or dates: May 2026 .4 Other milestone dates: § 1.1.5 The Owner intends to retain a Construction Manager pursuant to the following agreement: (Indicate agreement type.) [ ] AIA Document A133-2019,Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price,as amended by Owner. [ ] AIA Document A134-2019,Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee without a Guaranteed Maximum Price,as amended by Owner. § 1.1.6 (Paragraphs deleted) Intentionally deleted. § 1.1.7 Intentionally deleted. (Paragraph deleted) § 1.1.8 The Owner identifies the following representative in accordance with Section 5.4: (List name, address, and other contact information.) Eric Carlson 7100 147th Street W Apple Valley,MN 55124 952-953-2310 Eric.Carlson@applevalleymn.gov § 1.1.9 The persons or entities,in addition to the Owner's representative,who are required to review the Architect's submittals to the Owner are as follows: (List name, address, and other contact information.) Init. AIA Document B133—2019 Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:05:58 ET on 01/04/2024 under 3 Order No 2114498324 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts.com User Notes: (1685410649) Kayla Hechsel 7100 147th St W Apple Valley,MN 55124 952-953-2304 Kayla.hechsel@applevalleymn.gov § 1.1.10 The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information.) .1 Construction Manager: (The Construction Manager is identified on the cover page. pea Construction Manager has not been retained as of the date of this Agreement,state the anticipated date of retention.If the Architect is to assist the Owner in selecting the Construction Manager, complete Section 4.1.1.1) (Paragraphs deleted) To be determined. (Paragraphs deleted) § 1.1.11 The Architect identifies the following representative in accordance with Section 2.4: (List name, address, and other contact information.) Terry Minarik 901 North Third Street Suite 225 612-333-3702 Mobile Number:952-451-0144 tminarik@thinkconfluence.com § 1.1.12 The Architect shall retain the consultants identified in Sections 1.1.12.1 and 1.1.12.2: (List name, legal status, address, and other contact information.) § 1.1.12.1 Consultants retained under Basic Services: .1 Civil Engineer: Stantec 733 Marquette Avenue,Suite 1000,Minneapolis,Minnesota,55402 .2 Structural Engineer: Stantec 733 Marquette Avenue,Suite 1000,Minneapolis,Minnesota,55402 .3 Electrical Engineer: Stantec 733 Marquette Avenue,Suite 1000,Minneapolis,Minnesota,55402 .4 Geotechnical Engineer(as needed): Braun Intertec Corporation 11001 Hampshire Avenue South,Minneapolis,Minnesota 55438 Init. AIA Document B133—2019.Copyright©2014,and 2019.All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AlA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:05:58 ET on 01/04/2024 under 4 Order No 2114498324 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1685410649) (Paragraphs deleted) § 1.2 The Owner and Architect may rely on the Initial Information.Both parties,however,recognize that the Initial Information may materially change,and,in that event,the Owner and the Architect shall appropriately adjust the Architect's services,schedule for the Architect's services,and the Architect's compensation.The Owner shall adjust the Owner's budget for the Cost of the Work and the Owner's anticipated design and construction milestones,as necessary,to accommodate material changes in the Initial Information. § 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. (Paragraph deleted) ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide professional services as set forth in this Agreement and the Construction Documents for the Project.The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement or shall cause such services to be performed by appropriately licensed design professionals. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances.The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 The Architect shall provide its services in conjunction with the services of a Construction Manager as described in the agreement between the Owner and Construction Manager and Contract Documents for Project.The Architect shall not be responsible for actions taken by the Construction Manager. § 2.4 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.5 Except with the Owner's knowledge and consent,the Architect shall not engage in any activity,or accept any employment,interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 2.6 Insurance.The Architect shall maintain the following insurance until termination of this Agreement. § 2.6.1 Commercial General Liability with policy limits of not less than one million dollars ($ 1,000,000.00 )for each occurrence and two million dollars ($ 2,000,000.00 )in the aggregate for bodily injury and property damage. § 2.6.2 Automobile Liability covering vehicles owned,and non-owned vehicles used,by the Architect with policy limits of not less than one million dollars ($ 1,000,000.00 )per accident for bodily injury,death of any person,and property damage arising out of the ownership,maintenance and use of those motor vehicles,along with any other statutorily required automobile coverage. § 2.6.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance,provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.6.1 and 2.6.2,and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy.The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers.Umbrella Liability:$3,000,000.00 each occurrence/$3,000,000.00 aggregate. § 2.6.4 Workers'Compensation at statutory limits. Init. AIA Document B133—2019 Copyright©2014,and 2019 All rights reserved.'The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:05:58 ET on 01/04/2024 under 5 Order No 2114498324 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract / Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1685410649) § 2.6.5 Employers'Liability with policy limits not less than two million dollars ($2,000,000.00 )each accident, two million dollars($2,000,000.00 )each employee,and two million dollars ($2,000,000.00 )policy limit. § 2.6.6 Professional Liability covering negligent acts,errors and omissions in the performance of professional services, with policy limits of not less than five million dollars ($5,000,000.00 )per claim and five million dollars ($ 5,000,000.00 )in the aggregate.The Architect agrees that the deductible within its Professional Liability policy shall not exceed$200,000.00. § 2.6.7 Additional Insured Obligations.To the fullest extent permitted by law,the Architect shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Architect's negligent acts or omissions.The additional insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations.The Architect shall cause the primary and excess or umbrella policies for Commercial General Liability and Automobile Liability and Professional Liability policy to include a statement that such insurance cannot be cancelled until thirty(30)days after the Owner has received written notice of the insured's intention to cancel the insurance. § 2.6.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.6 prior to commencement of Architect's Basic Services hereunder and prior to the expiration of the term dates identified on the certificates for the insurance listed thereon. ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in this Article 3 and include usual and customary landscape,structural,civil,and electrical engineering services. Services not set forth in this Article 3 are Additional Services. § 3.1.1 The Architect shall manage the Architect's services,research applicable design criteria,attend Project meetings, communicate with members of the Project team,and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services and its consultants services with those services provided by the Owner, the Construction Manager,and the Owner's consultants(if any).The Architect shall be entitled to rely on,and shall not be responsible for,the accuracy,completeness,and timeliness of,services and information furnished by the Owner,the Construction Manager,and the Owner's consultants(if any).The Owner,the Owner's consultants(if any),and Construction Manager shall be entitled to rely on,and shall not be responsible for the accuracy,completeness,and timeliness of the services and information furnished by the Architect and Architect's consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error,omission,or inconsistency in such services or information furnished by the Owner,the Construction Manager,and the Owner's consultants(if any). The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any error,omission,or inconsistency in such services and information furnished by the Architect or the Architect's consultants. § 3.1.3 As soon as practicable after the date of this Agreement,the Architect shall submit,for the and the Owner's review and approval,a schedule for the performance of the Architect's services.The schedule shall include design phase milestone dates,as well as the anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information.The schedule shall include allowances for periods of time required for the Owner's selection of a Construction Manager,the Owners review of the schedule,for the performance of the Construction Manager's Preconstruction Phase services,for the performance of the Architect's consultants,for the performance of the Owner's consultants(if any),and for approval of submissions by authorities having jurisdiction over the Project.Once reviewed by both the Owner and Construction Manager and approved by the Owner after receipt of the Construction Manager's recommendation/comments,time limits established by the schedule shall not,except for reasonable cause,be exceeded by the Architect or Owner.With the Owner's approval,the Architect shall adjust the schedule,if necessary,as the Project proceeds until the commencement of construction. § 3.1.4 The Architect shall submit information to the Construction Manager and participate in developing and revising the Project schedule as it relates to the Architect's services.The Architect shall review and approve,or take other appropriate action upon,the portion of the Project schedule relating to the performance of the Architect's services. Init. AIA Document B133—2019 Copyright©2014,and 2019.All rights reserved "The American Institute of Architects,""American Institute of Architects,'"AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:05:58 ET on 01/04/2024 under 6 Order No.2114498324 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts com. User Notes: (1685410649) §3.1.5 The Architect shall not be responsible for an Owner's directive or substitution,or for the Owner's acceptance of non-conforming work,made or given without the Architect's written approval. § 3.1.6 The Architect shall,in coordination with the Construction Manager,contact governmental authorities required to approve the Construction Documents and entities providing utility services to the Project.The Architect shall respond to applicable design requirements imposed by those authorities and entities. § 3.1.7 The Architect shall assist the Owner and Construction Manager in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.1.8 Prior to the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal,or the Owner's approval of the Construction Manager's Control Estimate,as applicable,the Architect shall consider the Construction Manager's requests for substitutions and,upon written request of the Construction Manager,provide clarification or interpretations pertaining to the Drawings,Specifications,and other documents submitted by the Architect.The Architect and Construction Manager shall include the Owner in communications related to substitution requests,clarifications,and interpretations. §3.2 Review of the Construction Manager's Guaranteed Maximum Price Proposal or Control Estimate § 3.2.1 At a time to be mutually agreed upon by the Owner and the Construction Manager,the Construction Manager shall prepare,for review by the Owner and Architect,and for the Owner's acceptance or approval,a Guaranteed Maximum Price proposal or Control Estimate.The Architect shall assist the Owner in reviewing the Construction Manager's proposal or estimate.The Architect's review is not for the purpose of discovering errors,omissions,or inconsistencies;for the assumption of any responsibility for the Construction Manager's proposed means,methods,sequences,techniques,or procedures;or for the verification of any estimates of cost or estimated cost proposals.In the event that the Architect discovers any inconsistencies or inaccuracies in the information presented,the Architect shall promptly notify the Owner and Construction Manager. § 3.2.2 Upon authorization by the Owner,the Architect shall update the Drawings,Specifications,and other documents to incorporate the agreed upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment or Control Estimate. § 3.3 Schematic Design Phase Services § 3.3.1 The Architect shall review the project overview,and other information furnished by the Owner and Construction Manager,and shall review laws,codes,and regulations applicable to the Architect's services. § 3.3.2 The Architect shall prepare a preliminary evaluation of the Owner's project overview,schedule,budget for the Cost of the Work,Project site,and other Initial Information,each in terms of the other,to ascertain the requirements of the Project.The Architect shall notify the Owner of(1)any inconsistencies discovered in the information,and(2)other information or consulting services that may be reasonably needed for the Project. § 3.3.2.1 The Architect shall identify needs such as,but not limited to: .1 Development of landscape and hardscape areas in project. .2 Development of buildings,structures and required services for dugouts,sun shelters and storage facilities. .3 Utilities and infrastructure. .4 Technology includes Wi-Fi,fiber,and cameras as needed. .5 Fields,infields,plazas,lawns and open space,circulation,and pedestrian access. .6 Relationship to existing adjacent development and trails. .7 Site furnishings. .8 Stormwater and green infrastructure. .9 Site lighting and electrical needs. .10 Site grading and wall structures. .11 Fencing,back stops,access,and security. .12 Field signage .13 Irrigation plan Init. AIA Document B133—2019 Copyright©2014,and 2019 All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This document was produced at 16:05:58 ET on 01/04/2024 under 7 Order No.2114498324 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts com User Notes: (1685410649) § 3.3.3 The Architect shall present its preliminary evaluation to the Owner and Construction Manager and shall discuss with the Owner and Construction Manager alternative approaches to design and construction of the Project.This shall include,but not be limited to,a preliminary concept meeting with the Owner's planning,engineering,and inspections staff.The Architect shall reach an understanding with the Owner regarding the requirements of the Project.The Architect and the Owner's staff shall meet in the preliminary evaluation process as needed upon the request of either the Architect or the Owner's staff. § 3.3.4 Based on the Project requirements agreed upon with the Owner,the Architect shall prepare and present,to the Owner and Construction Manager,for the Owner's approval,at least two preliminary design/concept design options illustrating the scale and relationship of the Project components.The Architect and the Owner's shall meet staff in the preliminary design/concept design process as needed upon the request of either the Architect or the Owner's staff § 3.3.5 Based on the Owner's approval of the preliminary design,the Architect shall prepare Schematic Design Documents for Construction Manager's review and the Owner's approval.The Schematic Design Documents shall consist of drawings and other documents including a site plan,if appropriate,and preliminary building plans,sections and elevations;and may include some combination of study models,perspective sketches,or digital representations. The plans shall include,but not limited to: .1 Existing Conditions plan. .2 Site Grading and Utility plans. .3 Stormwater Management plan. .4 Site and Landscape plan with certificate of survey as the base. .5 Planting plans. .6 Site and Planting Details as needed. .7. Hardscape and surfacing plans. .8 Field and Infield plans. .9 Irrigation Concepts .10 Site Furnishing and amenities. .12 Mechanical,electrical and technology requirements. .13 Proposed materials. .14 Outline Specifications. .15 Site Lighting Photometrics concepts. .16 Structures and shelters plans and details. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.3.5.1 The Architect shall consider sustainable design alternatives,such as material choices and building orientation, together with other considerations based on program and aesthetics,in developing a design that is consistent with the Owner's program,schedule and budget for the Cost of the Work. § 3.3.5.2 The Architect shall consider with the Owner and the Construction Manager the value of alternative materials, building systems and equipment,together with other considerations based on program and aesthetics,in developing a design for the Project that is consistent with the Owner's program,schedule,and budget for the Cost of the Work. § 3.3.6 The Architect shall submit the Schematic Design Documents to the Owner and the Construction Manager.The Architect shall meet with the Construction Manager to review the Schematic Design Documents.The Architect and the Owner's staff shall meet in the Schematic Design Documents process as needed upon the request of either the Architect or the Owner's staff. § 3.3.7 Upon receipt of the Construction Manager's review comments and cost estimate at the conclusion of the Schematic Design Phase,the Architect shall take action as required under Section 6.4,and request the Owner's approval of the Schematic Design Documents.If revisions to the Schematic Design Documents are required to comply with the Owner's budget for the Cost of the Work at the conclusion of the Schematic Design Phase,the Architect shall incorporate the required revisions in the Design Development Phase. § 3.3.8 In the further development of the Drawings and Specifications during this and subsequent phases of design,the Architect shall be entitled to rely on the accuracy of the estimates of the Cost of the Work,which are to be provided by the Construction Manager under the Construction Manager's agreement with the Owner. Init. AIA Document B133-2019.Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This document was produced at 16:05:58 ET on 01/04/2024 under 8 Order No 2114498324 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1685410649) § 3.4 Design Development Phase Services § 3.4.1 Based on the Owner's approval of the Schematic Design Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Design Development Documents for the Owner and Construction Manager's review and the Owner's approval.The Design Development Documents shall be based upon information provided,and estimates prepared by,the Construction Manager and shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans,sections,elevations,typical construction details,and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural,structural, mechanical and electrical systems,and other appropriate elements.The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. § 3.4.2 A public engagement process will occur during the Design Development Phase,which will include focus group meetings and public online and in person open houses with key stakeholders including,but not limited to the Apple Valley and Eastview Sports Associations,residents,ISD 196,city council,staff,boards,and commissions.Public engagement will include up to 5 focus groups meetings and 2 to 3 in person open house events. Council and commission presentations will be done as necessary throughout the design process and public input will be made available on the Apple Valley Parks Social Pinpoint website. § 14.3 Prior to the conclusion of the Design Development Phase,the Architect shall submit the Design Development Documents to the Owner and the Construction Manager.The Architect shall meet with the Construction Manager to review the Design Development Documents.The Architect and Owner's staff shall meet in the Design Development Phase process as needed upon the request of either the Architect or the Owner's staff.Any Owner directed changes that significantly modify the Project design after the completion of the Design Development Phase,shall be deemed additional services billed at an hourly rate(See exhibit A)or on negotiated sum basis upon the Architect providing written notice to the Owner of any perceived additional services and the Owner's written approval thereof. § 3.4.4 The Architect shall provide the Owner with two design resubmittals as required by the Owner. § 3.4.5 The Architect shall provide the Owner with probable costs opinions through the Construction Documents Phase. Upon receipt of the Construction Manager's information and estimate at the conclusion of the Design Development Phase,the Architect shall take action as required under Sections 6.5 and 6.6 and request the Owner's approval of the Design Development Documents. § 3.5 Construction Documents Phase Services § 3.5.1 Based on the Owner's approval of the Design Development Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Construction Documents for the Owner and Construction Manager's review and the Owner's approval.The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Plans,Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work. The plans shall include,but not limited to: .1 Existing Conditions and Demolition plans. .2 Site Grading and Utility plans. .3 Stormwater Management plans. .4 Site and Landscape plans. .5 Planting plans. .6 Site and Planting Details as needed. .7. Hardscape and surfacing plans. .8 Field and Infield plans. .9 Irrigation Plans and Details. .10 Site Furnishing and amenities. .12 Mechanical,electrical and technology plans. .13 Signage and wayfinding. .14 Specifications. .15 Site Lighting plans and details. Init. AIA Document B133—2019.Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:05:58 ET on 01/04/2024 under s Order No.2114498324 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1685410649) .16 Site Structural plans and details. • .17 Structures and shelters plans and details. The Owner and Architect acknowledge that,in order to perform the Work,the Construction Manager will provide additional information,including Shop Drawings,Product Data,Samples and other similar submittals,which the Architect shall review in accordance with Section 3.6.4. § 3.5.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the Project into the Construction Documents. § 3.5.3 During the development of the Construction Documents,if requested by the Owner,the Architect shall assist the Owner and Construction Manager in the development and preparation of(1)the Conditions of the Contract for Construction(General,Supplementary and other Conditions)and(2)a project manual that includes the Conditions of the Contract for Construction and Specifications and may include sample forms. § 3.5.4 During the development of the Construction Documents,the Architect shall:(a)conduct Building Code review with building officials and State Officials;(b)review all Project site circulation and access with JQP,Inc.,a consultant of the Owner,related to ADA issues;(c)prepare documents suitable for review for compliance with applicable governmental requirements and assist the Owner with submission to government agencies;and(d)address timely and applicable review comments received from government agencies and revise Contract Documents for compliance when required. § 3.5.5 Prior to the conclusion of the Construction Documents Phase,the Architect shall submit the Construction Documents to the Owner and the Construction Manager.The Architect shall meet with the Owner and Construction Manager to review the Construction Documents.The Architect and the Owner's shall meet staff in the Construction Documents Phase as needed upon the request of either the Architect or the Owner's staff.Any Owner directed changes that significantly modify the Project design after the completion of the Construction Documents Phase,shall be deemed additional services billed at an hourly rate(See exhibit A)or on negotiated sum basis upon the Architect providing written notice to the Owner of any perceived additional services and the Owner's written approval thereof. § 3.5.6 Upon receipt of the Construction Manager's information and estimate at the conclusion of the Construction Documents Phase,the Architect shall take action as required under Section 6.7,and request the Owner's approval of the Construction Documents. § 3.6 Construction Phase Services § 3.6.1 General § 3.6.1.1 The Architect will assist the Owner and Construction Manager with the bidding process and bid review as needed.The Architect shall provide administration of the Contract between the Owner and the Construction Manager as set forth below and in AIA Document A201 TM-2017,General Conditions of the Contract for Construction as amended by the Owner. § 3.6.1.2 The Architect's responsibility to provide Construction Phase Services commences upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal,the Owner's approval of the Construction Manager's Control Estimate,or by a written agreement between the Owner and Construction Manager which sets forth a description of the Work to be performed by the Construction Manager prior to such acceptance or approval.Except as provided in Section 3.6.6.5,the Architect's responsibility to provide Construction Phase Services terminates on the date the Architect issues the final Certificate for Payment. § 3.6.1.3 The Architect shall advise and consult with the Owner and Construction Manager during the Construction Phase Services.The Architect shall attend and participate in pre-construction meeting(s)and weekly coordination meetings.The Architect shall meet with the Owner,Construction Manager and contractors as needed.The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement.The Architect shall not have control over, charge of,or responsibility for the construction means,methods,techniques,sequences or procedures,or for safety precautions and programs in connection with the Work,nor shall the Architect be responsible for the Construction Manager's failure to perform the Work in accordance with the requirements of the Contract Documents.The Architect shall be responsible for the Architect's negligent acts or omissions,but shall not have control over or charge of,and shall Init. AIA Document B133—2019 Copyright 02014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:05:58 ET on 01/04/2024 under 10 Order No 2114498324 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts corn User Notes: (1685410649) not be responsible for,acts or omissions of the Construction Manager or of any other persons or entities performing portions of the Work. § 3.6.2 Evaluations of the Work § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction,to become generally familiar with the progress and quality of the portion of the Work completed,and to determine,in general,if the Work observed is being performed in a manner indicating that the Work,when fully completed,will be in accordance with the Contract Documents.The Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.The Architect shall visit the site for the purpose of conducting inspections related to the generation of a punchlist(s),substantial completion,final completion and warranty inspections.On the basis of the site visits,the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed,and promptly report to the Owner(1)known deviations from the Contract Documents,(2)known deviations from the most recent construction schedule submitted by the Construction Manager,and(3)defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents.Whenever the Architect considers it necessary or advisable,the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents,whether or not the Work is fabricated,installed or completed.However,neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Construction Manager, Subcontractors,suppliers,their agents or employees,or other persons or entities performing portions of the Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under,and requirements of,the Contract Documents on written request of either the Owner or Construction Manager.The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of,and reasonably inferable from,the Contract Documents and shall be in writing or in the form of drawings.When making such interpretations and decisions,the Architect shall endeavor to secure faithful performance by both Owner and Construction Manager,shall not show partiality to either,and shall not be liable for results of interpretations or decisions rendered in good faith.The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. (Paragraph deleted) § 3.6.3 Certificates for Payment to Construction Manager § 3.6.3.1 The Architect shall review and certify the amounts due the Construction Manager and shall issue certificates in such amounts.The Architect's certification for payment shall constitute a representation to the Owner,based on the Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Construction Manager's Application for Payment,that,to the best of the Architect's knowledge,information and belief,the Work has progressed to the point indicated,the quality of the Work is in accordance with the Contract Documents,and that the Construction Manager is entitled to payment in the amount certified.The foregoing representations are subject to(1)an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion,(2)results of subsequent tests and inspections,(3)correction of minor deviations from the Contract Documents prior to completion,and(4)specific qualifications expressed by the Architect. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has(1)made exhaustive or continuous on-site inspections to check the quality or quantity of the Work,(2)reviewed construction means,methods, techniques,sequences or procedures,(3)reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Construction Manager's right to payment,or(4)ascertained how or for what purpose the Construction Manager has used money previously paid on account of the Contract Sum. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.4 Submittals § 3.6.4.1 The Architect shall review the Construction Manager's submittal schedule and shall not unreasonably delay or withhold approval of the schedule.The Architect's action in reviewing submittals shall be taken in accordance with the Init. AIA Document B133—2019 Copyright©2014,and 2019.All rights reserved "The American Institute of Architects,""American Institute of Architects""AlA,"the AlA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This document was produced at 16:05:58 ET on 01/04/2024 under 11 Order No.2114498324 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts com User Notes: (1685410649) approved submittal schedule or,in the absence of an approved submittal schedule,with reasonable promptness while allowing sufficient time,in the Architect's professional judgment,to permit adequate review. § 3.6.4.2 The Architect shall review and approve,or take other appropriate action upon,the Construction Manager's submittals such as Shop Drawings,Product Data and Samples,but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities,and installation or performance of equipment or systems,which are the Construction Manager's responsibility. The Architect's review shall not constitute approval of safety precautions or construction means,methods,techniques, sequences or procedures.The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 3.6.4.3 If the Contract Documents specifically require the Construction Manager to provide professional design services or certifications by a design professional related to systems,materials,or equipment,the Architect shall specify the appropriate performance and design criteria that such services must satisfy.The Architect shall review and take appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Construction Manager's design professional,provided the submittals bear such professional's seal and signature when submitted to the Architect.The Architect's review shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.The Architect shall be entitled to rely upon,and shall not be responsible for,the adequacy and accuracy of the services,certifications,and approvals performed or provided by such design professionals. § 3.6.4.4 The Architect shall review and respond to requests for information about the Contract Documents.The Architect shall set forth,in the Contract Documents,the requirements for requests for information.Requests for information shall include,at a minimum,a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested.The Architect's response to such requests shall be made in writing within any time limits agreed upon,or otherwise with reasonable promptness.If appropriate,the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for information. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Construction Manager in accordance with the requirements of the Contract Documents. § 3.6.5 Changes in the Work § 3.6.5.1 The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time.The Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. § 3.6.5.2 The Architect shall maintain records relative to changes in the Work. § 3.6.6 Project Completion § 3.6.6.1 The Architect shall: .1 conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; .2 issue Certificates of Substantial Completion; .3 forward to the Owner,for the Owner's review and records,written warranties and related documents required by the Contract Documents and received from the Construction Manager;and .4 issue a final Certificate for Payment based upon a final inspection indicating that,to the best of the Architect's knowledge,information,and belief,the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect's inspections shall be conducted with the Owner to(1)check conformance of the Work with the requirements of the Contract Documents and(2)verify the accuracy and completeness of the list submitted by the Construction Manager of Work to be completed or corrected. Init. AIA Document 0133-2019.Copyright©2014,and 2019 All rights reserved The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:05:58 ET on 01/04/2024 under 12 Order No 2114498324 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract / Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts com User Notes: (1685410649) § 3.6.6.3 When Substantial Completion has been achieved,the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Construction Manager,including the amount to be retained from the Contract Sum, if any,for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Construction Manager:(1) consent of surety or sureties,if any,to reduction in or partial release of retainage or the making of final payment;(2) affidavits,receipts,releases and waivers of liens,or bonds indemnifying the Owner against liens;and(3)any other documentation required of the Construction Manager under the Contract Documents. § 3.6.6.5 Upon request of the Owner,and prior to the expiration of one year from the date of Substantial Completion,the Architect shall,without additional compensation,conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES § 4.1 Supplemental Services § 4.1.1 The services listed below are not included in Basic Services but may be required for the Project.The Architect shall provide the listed Supplemental Services only if specifically designated in the table below as the Architect's responsibility,and the Owner shall compensate the Architect as provided in Section 11.2.Unless otherwise specifically addressed in this Agreement,if neither the Owner nor the Architect is designated,the parties agree that the listed Supplemental Service is not being provided for the Project. (Designate the Architect's Supplemental Services and the Owner's Supplemental Services required for the Project by indicating whether the Architect or Owner shall be responsible for providing the identified Supplemental Service.Insert a description of the Supplemental Services in Section 4.1.2 below or attach the description of services as an exhibit to this Agreement.) Supplemental Services Responsibility (Architect, Owner, or not provided) NA (Row deleted) Init. AIA Document B133—2019.Copyright ID 2014,and 2019 All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:05:58 ET on 01/04/2024 under 3 Order No.2114498324 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts com. User Notes: (1685410649) § 4.1.2 Description of Supplemental Services § 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Architect's responsibility is provided below. (Describe in detail the Architect's Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit, identify the exhibit. The AIA publishes a number of Standard Form of Architect's Services documents that can be included as an exhibit to describe the Architect's Supplemental Services.) NA § 4.1.2.2 A description of each Supplemental Service identified in Section 4.1.1 as the Owner's responsibility is provided below. (Describe in detail the Owner's Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit, identify the exhibit.) NA § 4.1.3 If the Owner identified a Sustainable Objective in Article 1,the Architect shall provide,as a Supplemental Service, the Sustainability Services required in AIA Document E234TM-2019,Sustainable Projects Exhibit,Construction Manager as Constructor Edition,attached to this Agreement.The Owner shall compensate the Architect as provided in Section 11.2. Init. AIA Document B133—2019 Copyright©2014,and 2019.All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16 05 58 ET on 01/04/2024 under 14 Order No 2114498324 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used In accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts.com User Notes: (1685410649) § 4.2 Architect's Additional Services The Architect may provide Additional Services as outlined in this Agreement upon receipt of written approval from the Owner. (Paragraphs deleted) ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement,the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project,including a written program which shall set forth the Owner's objectives;schedule;constraints and criteria,including space requirements and relationships;flexibility;expandability; special equipment;systems;and site requirements. § 5.2 The Owner shall retain a Construction Manager to provide services,duties,and responsibilities as described in the agreement selected in Section 1.1.5. § 5.3 The Owner shall establish the Owner's budget for the Project,including(1)the budget for the Cost of the Work as defined in Section 6.1;(2)the Owner's other costs;and,(3)reasonable contingencies related to all of these costs.The Owner shall update the Owner's budget for the Project as necessary throughout the duration of the Project until final completion.If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work,the Owner shall notify the Architect and Construction Manager.The Owner and the Architect,in consultation with the Construction Manager,shall thereafter agree to a corresponding change in the Project's scope and quality. (Paragraph deleted) § 5.4 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project.The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 5.5 The Owner shall furnish surveys to describe physical characteristics,legal limitations and utility locations for the site of the Project,and a written legal description of the site.The surveys and legal information shall include,as applicable,grades and lines of streets,alleys,pavements and adjoining property and structures;designated wetlands; adjacent drainage;rights-of-way,restrictions,easements,encroachments,zoning,deed restrictions,boundaries and contours of the site;locations,dimensions,and other necessary data with respect to existing buildings,other improvements and trees;and information concerning available utility services and lines,both public and private,above and below grade,including inverts and depths.All the information on the survey shall be referenced to a Project benchmark. § 5.6 The Owner shall coordinate the services of its own consultants(if any)with those services provided by the Architect.The Owner shall require that its consultants(if any)and contractors(if any)maintain insurance,including professional liability insurance,as appropriate to the services or work provided. § 5.7 The Owner shall furnish tests,inspections and reports required by law or the Contract Documents,such as structural, mechanical,and chemical tests,tests for air and water pollution,and tests for hazardous materials. § 5.8 The Owner shall furnish all legal,insurance and accounting services,including auditing services,that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.9 The Owner shall provide prompt written notice to the Architect and Construction Manager if the Owner becomes aware of any fault or defect in the Project,including errors,omissions or inconsistencies in the Architect's Instruments of Service. Init. AIA Document B133—2019 Copyright©2014,and 2019 All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AlA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This document was produced at 16:05:58 ET on 01/04/2024 under 15 Order No 2114498324 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1685410649) § 5.10 The Owner shall include the Architect in all communications with the Construction Manager that relate to or affect the Architect's services or professional responsibilities.The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Construction Manager otherwise relating to the Project. Communications by and with the Architect's consultants shall be through the Architect. § 5.11 The Owner shall coordinate the Architect's duties and responsibilities set forth in the Agreement between the Owner and the Construction Manager with the Architect's services set forth in this Agreement.The Owner shall provide the Architect a copy of the executed agreement between the Owner and Construction Manager,including the General Conditions of the Contract for Construction. § 5.12 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Construction Manager to provide the Architect access to the Work wherever it is in preparation or progress. § 5.13 Within a reasonable time after receipt of a written request from the Architect,the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate,give notice of,claims. (Paragraphs deleted) ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement,the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect,The Cost of the Work also includes the reasonable value of labor, materials,and equipment,donated to,or otherwise furnished by,the Owner.The Cost of the Work does not include the compensation of the Architect;the compensation of the Construction Manager,the costs of the land,rights-of-way, financing,or contingencies for changes in the Work;or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in the Initial Information,and shall be adjusted throughout the Project as required under Sections 5.3 and 6.4.Evaluations of the Owner's budget for the Cost of the Work represent the Architect's judgment as a design professional. § 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design,bidding or negotiating,price escalation,and market conditions in estimates of the Cost of the Work.The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work the Construction Manager prepares as the Architect progresses with its Basic Services.The Architect shall prepare,as an Additional Service,revisions to the Drawings,Specifications or other documents required due to the Construction Manager's inaccuracies or incompleteness in preparing cost estimates,or due to market conditions the Architect could not reasonably anticipate.The Architect may review the Construction Manager's estimates solely for the Architect's guidance in completion of its services,however, the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review. § 6.3.1 If there is a discrepancy exists between the Construction Manager's cost estimates and the Architect's cost estimates,the Architect and the Construction Manager shall work together to reconcile the cost estimates. § 6.4 If,prior to the conclusion of the Design Development Phase,the Construction Manager's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work,the Architect,in consultation with the Construction Manager, shall make appropriate recommendations to the Owner to adjust the Project's size,quality or budget for the Cost of the Work,and the Owner shall cooperate with the Architect in making such adjustments. § 6.5 If the Construction Manager's estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner's budget for the Cost of the Work,the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Architect and Construction Manager,revise the Project program,scope,or quality as required to reduce the Cost of the Work;or .4 implement any other mutually acceptable alternative. § 6.6 If the Owner chooses to proceed under Section 6.5.3,the Architect,without additional compensation,shall incorporate the revisions in the Construction Documents Phase as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Design Development Phase Services,or the budget as adjusted under Section Init. AIA Document B133-2019 Copyright©2014,and 2019 All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:05:58 ET on 01/04/2024 under 16 Order No.2114498324 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1685410649) 6.5.1.The Architect's revisions in the Construction Documents Phase shall be the limit of the Architect's responsibility under this Article 6. § 6.7 After incorporation of modifications under Section 6.6,the Architect shall,make any required revisions to the Drawings,Specifications or other documents necessitated by the Construction Manager's subsequent cost estimates,the Guaranteed Maximum Price proposal,or Control Estimate that exceed the Owner's budget for the Cost of the Work,due to changes initiated by the Architect in scope,basic systems,or the kinds and quality of materials,finishes or equipment. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 Unless expressly covered by Section 7.2,the Architect and the Owner warrant that in transmitting Instruments of Service,or any other information,the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. § 7.2 The work product of Architect's services,including results,and all ideas,developments,and inventions which the Architect conceives or reduces to practice during the course of its performance under this Agreement and subsequently reimbursed for by the Owner for such work product shall be the exclusive property of the Owner.This information,and material,and any such inventions shall be deemed the Owner's proprietary information and shall not be disclosed to anyone outside of the Owner or used by the Architect or others without the prior written consent of the Owner. Provided, however,the Architect has the right to reuse such information and material in the normal course of its business and retains all rights in its standard drawing details and specifications,and in all field data,notes and databases. Other than reuse or modification by the Architect,the Owner waives all claims against the Architect resulting from any changes or reuse of such information and material. The Architect will furnish the Owner with electronic data versions of certain drawings or other written documents("Digital Data")compatible with the Owner's software(to the extent possible)unless otherwise agreed upon and/or provided in hard copy form. In the event of any conflict between a hard copy document and the Digital Data,the hard copy document governs. The Digital Data shall be prepared in the current software in use by the Architect and is not warranted to be compatible with other systems or software. Any Digital Data submitted by the Architect to the Owner is submitted for an acceptance period of 60 days("Acceptance Period"). Any defects that the Owner discovers during this period and reports to the Architect will be corrected by the Architect at no extra charge. For corrections of defects reported to the Architect after the Acceptance Period,the Owner shall compensate Architect on an hourly basis at Architect's billing rates set forth at Exhibit A. (Paragraphs deleted) ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to this Agreement,whether in contract,tort,or otherwise,in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law,but in any case not more than 10 years after the date of Substantial Completion of the Work.The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance,the Owner and Architect waive all rights against each other and against the contractors,consultants,agents and employees of the other for damages,except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201-2017,General Conditions of the Contract for Construction,as amended by the Owner.The Owner or the Architect,as appropriate,shall require of the Construction Manager,contractors,consultants,agents and employees of any of them,similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect shall indemnify and hold the Owner and the Owner's officers and employees harmless from and against damages,losses and judgments arising from claims by third parties,including reasonable attorneys'fees and expenses recoverable under applicable law,but only to the extent they are caused by the negligent acts or omissions of the Architect,its employees and its consultants in the performance of professional services under this Agreement.The Architect's obligation to indemnify and hold the Owner and the Owner's officers and employees harmless does not include a duty to defend.The Architect's duty to indemnify the Owner under this Section 8.1.3 shall be limited to the available proceeds of the insurance coverage required by this Agreement. AIA Document B133—2019.Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Init. Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This document was produced at 16:05:58 ET on 01/04/2024 under 17 Order No 2114498324 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documentse Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com User Notes: (1685410649) (Paragraph deleted) § 8.2 Mediation § 8.2.1 Any claim,dispute,or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution.However,the parties may proceed in accordance with applicable law to comply with filing deadlines such as statues of limitations,prior to resolution of the matter by mediation. § 8.2.2 The Owner and Architect shall endeavor to resolve claims,disputes and other matters in question between them by mediation..A request for mediation shall be made in writing,delivered to the other party to this Agreement..The request may be made concurrently with the filing of a complaint but,in such event,mediation shall proceed in advance of binding dispute resolution proceedings,which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. § 8.2.3 The parties shall share the mediator's fee equally.The mediation shall be held in the place where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2,the method of binding dispute resolution shall be the following: (Check the appropriate box.) [ ] Arbitration pursuant to Section 8.3 of this Agreement [ X ] Litigation in a court of competent jurisdiction located in Dakota County Minnesota [ ] Other: (Specify) § 8.3 Arbitration (Paragraphs deleted) ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement,such failure shall be considered substantial nonperformance and cause for suspension of performance of services under this Agreement.If the Architect elects to suspend services,the Architect shall give seven days'written notice to the Owner before suspending services.In the event of a suspension of services,the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services.Before resuming services,the Owner shall pay the Architect all . sums due prior to suspension.The Architect's time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project,the Architect shall be compensated for services performed prior to notice of such suspension.When the Project is resumed,the Architect's time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days'written notice. § 9.4 Either party may terminate this Agreement upon not less than thirty(30)days'written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than thirty(30)days'written notice to the Architect for the Owner's convenience and without cause. Init. AIA Document B133-2019.Copyright©2014,and 2019 All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16 05'58 ET on 01/04/2024 under 18 Order No.2114498324 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts corn. User Notes: (1685410649) § 9.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5,or the Architect terminates this Agreement pursuant to Section 9.3,the Owner shall compensate the Architect for services performed prior to termination, Reimbursable Expenses incurred,and costs attributable to termination,including the costs attributable to the Architect's termination of consultant agreements. § 9.7 (Paragraphs deleted) Except as otherwise expressly provided herein,this Agreement shall terminate two years from the date of Final Completion of the Project. § 9.8 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7. (Paragraph deleted) ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located,excluding that jurisdiction's choice of law rules. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2017,General Conditions of the Contract for Construction as amended by the Owner,except as modified in this Agreement.The term"Contractor" as used in A201-2017 shall mean the Construction Manager. § 10.3 The Owner and Architect,respectively,bind themselves,their agents,successors,assigns,and legal representatives to this Agreement.The Architect shall not assign this Agreement without the written consent of the Owner.The Owner may assign this Agreement if the assignee agrees to assume the Owner's rights and obligations under this Agreement, including any payments due to the Architect by the Owner prior to the assignment. § 10.4 If the Owner requests the Architect to execute certificates,the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution.If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender,the Architect shall execute all such consents that are consistent with this Agreement,provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution.The Architect shall not be required to execute certificates or consents that would require knowledge,services,or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with,or a cause of action in favor of,a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement,the Architect shall have no responsibility for the discovery,presence, handling,removal or disposal of,or exposure of persons to,hazardous materials or toxic substances in any form at the Project site. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials.The Architect shall be given reasonable access to the completed Project to make such representations.However,the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary.The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project.This Section 10.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4. § 10.8 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions.If it is determined that any provision of the Agreement violates any law,or is otherwise invalid or unenforceable,then that provision shall be revised to the extent necessary to make that provision legal and enforceable.In such case the Agreement shall be construed,to the fullest extent permitted by law,to give effect to the parties' intentions and purposes in executing the Agreement. Init. AIA Document B133—2019 Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:05:58 ET on 01/04/2024 under 19 Order No.2114498324 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts corm User Notes: (1685410649) (Paragraph deleted) § 10.9 The Architect shall pay any subcontractor/consultant within ten days of the Architect's receipt of payment from Owner for undisputed services provided by the subcontractor/consultant. The Architect shall pay interest of one and one-half(1-1/2%)percent per month or any part of a month to the subcontractor/consultant on any undisputed amount not paid on time pursuant to this provision to the subcontractor/consultant. The minimum monthly interest penalty payment for an unpaid balance of one hundred($100.00)dollars or more shall be ten($10.00)dollars. For an unpaid balance of less than one hundred($100.00)dollars,the Architect shall pay the actual penalty due under this provision to the subcontractor/consultant. A subcontractor/consultant who prevails in a civil action to collect interest penalties from the Architect shall be awarded its costs and disbursements,including attorney's fees,incurred in bringing the action. § 10.10 Pursuant to Minnesota Statutes§ 13.05,subd. 11,all of the data created,collected,received,stored,used, maintained,or disseminated by the Architect in performing an owner's function under this Agreement is subject to the requirements of the Minnesota Government Data Practices Act,Minnesota Statutes Chapter 13,and the Architect must comply with those requirements as if it were a government entity. § 10.11 As the Architect is not the Owner's employee,the Architect is responsible for paying all required state and federal taxes. In particular,the Owner will not withhold FICA(Social Security)from the Architect's payments;will not make state or federal unemployment insurance contributions on the Architect's behalf;will not withhold state or federal income tax from payment to the Architect;will not make disability insurance contributions on behalf of the Architect;or will not obtain workers' compensation insurance on behalf of the Architect. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3,the Owner shall compensate the Architect as follows: .1 Stipulated Sum (Insert amount) $312,000.00 (Paragraphs deleted) (Table deleted) (Paragraphs deleted) § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants are set forth below. (If applicable, attach an exhibit of hourly billing rates or insert them below.) See attached Exhibit A for hourly rates. § 11.8 Compensation for Reimbursable Expenses § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic, (Paragraphs deleted) and Additional Services and are those types of expenses identified in Exhibit A. Init. AIA Document B133—2019 Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:05:58 ET on 01/04/2024 under 20 Order No.2114498324 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts corn User Notes: (1685410649) (Paragraphs deleted) § 11.10 Payments to the Architect § 11.10.1 Progress Payments § 11.10.1.1 Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice.Monthly payments shall be based on(1)the percentage of Basic Services completed,(2)Additional Services performed(if any),and(3)Reimbursable Expenses incurred.Payments are due and payable 45 days from the date of the invoice.Invoiced amounts unpaid 60 days after the invoice date shall be determined overdue and shall accrue 1.5%simple interest per month. § 11.10.1.2 The Architect shall provide a schedule of values that allocates the stipulated sum identified in§ 11.1.1 among the scope of Architect's basic services identified in Article 3 herein.The schedule of values will be held by the parties to evaluate the Architect's invoices. (Paragraphs deleted) § 11.10.2The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect,or to offset sums requested by or paid to contractors for the cost of changes in the Work,unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.3 Records of Reimbursable Expenses,expenses pertaining to Additional Services,performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS (Paragraphs deleted) ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations,representations or agreements,either written or oral.This Agreement may be amended only by written instrument signed by both the Owner and Architect. § 13.2 This Agreement is comprised of the following documents identified below: .1 AIA Document B 133TM-2019,Standard Form Agreement Between Owner and Architect,Construction Manager as Constructor Edition (Paragraphs deleted) as amended by Owner .2 Exhibits: Exhibit"A":Landscape Architect's Standard Hourly Rates&Reimbursable Expenses. (Check the appropriate box for any exhibits incorporated into this Agreement.) (Paragraphs deleted) .4 Other documents: (List other documents, if any,forming part of the Agreement.) This Agreement entered into as of the day and year first written above. OWNER(Signature) ARCHITECT(Signature) Clint Hooppaw,Mayor Terry Minarik.Principal (Printed name and title) (Printed name, title, and license number, if required) Init. AIA Document B133—2019.Copyright©2014,and 2019 All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This document was produced at 16:05 58 ET on 01/04/2024 under 21 Order No 2114498324 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com User Notes: (1685410649) OWNER(Signature) Pamela P.Gackstetter,City Clerk (Printed name and title) Init. AIA Document B133-2019.Copyright 02014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This document was produced at 16:05:58 ET on 01/04/2024 under 22 Order No.2114498324 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail dodnfo@aiacontracts.com. User Notes: (1685410649) Additions and Deletions Report for AIA®Document B133® -2019 This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added to the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from the original AIA text.Added text is shown underlined.Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document.This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 16:05:58 ET on 01/04/2024. PAGE 1 AGREEMENT made as of the 11th day of January in the year 2024 City of Apple Valley 7100 147th Street W Apple Valley.MN 55124 Telephone Number:952-953-2500 Confluence,Inc. 901 North Third Street Suite 225 612-333-3702 Apple Valley Youth BB/SB 14601 Hayes Rd.Apple Valley.MN To be determined PAGE 2 § 1.1.1 The Owner's -for the Project:Project Overview: The Project includes professional design services.construction,and implementation of improvements to Hayes Fields. The process will involve community engagement.city approvals.council and parks committee meetings and cost estimating.The Architect's project team will include Landscape Architecture.Architecture,Civil Engineering. Electrical and Mechanical Engineering,Geotechnical Engineering,Structural Engineering and Aquatic Engineering. The Project includes preliminary evaluation and preliminary design(concept design)and the preparation of Schematic Design.Design Development,and Construction Documentation for all park improvements as identified in the approved concept design.The Project may include a new four field youth baseball and softball complex with covered dugouts.scoreboards.site furnishings.stormwater.integrated turf,fencing and lighting. Additions and Deletions Report for AIA Document B133—2019.Copyright©2014,and 2019 All rights reserved The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 1 16:05:58 ET on 01/04/2024 under Order No 2114498324 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents'Terms of Service To report copyright violations,e-mail docinfo@aiacontracts com. User Notes: (1685410649) This project is located at 14601 Haves Rd.Apple Valley MN 55124 PAGE 3 Five Million.Two Hundred Thousand and no/100 Dollars($5.200.000.00)is the total budget for the Project.which includes an estimated Four Million One Hundred Sixty Thousand and no/100 Dollars($4,160,000.00)for the Cost of the Work defined in section 6.1 plus compensation of the Architect,plus the compensation of the construction Manager,plus contingencies for changes in the Work.and plus any costs that are the responsibility of the Owner. .1 Design , hase.if any: January 2024—August 2024 .2 Construction :dates: September 2024—August 2025 May 2026 [ ] AIA Document A133-2019,Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price.Price,as amended by Owner. [ ] AIA Document A134-2019,Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee without a Guaranteed Maximum Price.Price,as amended by Owner. § 1.1.6 forth below: Intentionally deleted. § 1.1.7 :Intentionally deleted. Sustainable Ob:ectivo Eric Carlson 7100 147th Street W Apple Valley,MN 55124 Additions and Deletions Report for AIA Document B133—2019.Copyright 02014,and 2019>.All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This draft was produced at 2 16:05:58 ET on 01/04/2024 under Order No.2114498324 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1685410649) 952-953-2310 Eric.Carlson gapplevalleymn.gov PAGE 4 Kayla Hechsel 7100 147'h St W Apple Valley.MN 55124 952-953-2304 Kay Ia.hechselhaiapplevalleymn.gov .2 Land Surveyor: To be determined. .4 Civil Engineer: Terry Minarik 901 North Third Street Suite 225 612-333-3702 Mobile Number:952-451-0144 tminariknthinkconfluence.com .1 Structural Civil Engineer: Stantec 733 Marquette Avenue.Suite 1000.Minneapolis.Minnesota.55402 Additions and Deletions Report for AIA Document B133—2019 Copyright©2014,and 2019> All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 3 16:05:58 ET on 01/04/2024 under Order No.2114498324 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts com. User Notes: (1685410649) .2 Structural Engineer: Stantec .2 `ie al733 Marquette Avenue.Suite 1000. Minneapolis.Minnesota.55402 .3 Electrical Engineer: Stantec 733 Marquette Avenue.Suite 1000.Minneapolis. Minnesota.55402 .4 Geotechnical Engineer(as needed): Braun Intcrtec Corporation 11001 Hampshire Avenue South.Minneapolis.Minnesota 55438 .3 Electrical Engineer: PAGE 5 § , , ,9 2 Consultants ed. ..der Supplemental Se § 1.1.13 Other Initial Information on which theAgreemen. ;.base,: § 1.2 The Owner and Architect may rely on the Initial Information.Both parties,however,recognize that the Initial Information may materially change change,and,in that event,the Owner and the Architect shall appropriately adjust the Architect's services,schedule for the Architect's services,and the Architect's compensation.The Owner shall adjust the Owner's budget for the Cost of the Work and the Owner's anticipated design and construction milestones,as necessary,to accommodate material changes in the Initial Information. § 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. ..hange!fdigital data ,. foctli-inAh4-Dfroofient-ti-14ing-1-n-fewnietion-Meclel-i-ng-and-Ditita-1-13ata-Ez*Iiibitr and-the-requisite A1.1 Document 62021m 2013.Project--iltfikii.ng-1-n-fennation-Model-ing-Pfoteeel-izernir shal-l-be-at-the-using-or-relyint § 2.1 The Architect shall provide professional services as set forth in this AgFeeme#-Agreement and the Construction Documents for the Project.The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agrcemci -Aei cement or shall cause such services to be performed by appropriately licensed design professionals. § 2.3 The Architect shall provide its services in conjunction with the services of a Construction Manager as described in the agreement identified in Section 1.1.5.between the Owner and Construction Manager and Contract Documents for Project.The Architect shall not be responsible for actions taken by the Construction Manager. Additions and Deletions Report for AIA Document B133—2019 Copyright©2014,and 2019>.All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 4 16:05:58 ET on 01/04/2024 under Order No.2114498324 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com User Notes: (1685410649) § 2.6 Insurance.The Architect shall maintain the following insurance until termination of this Agreement.If any of the § 2.6.1 Commercial General Liability with policy limits of not less than one million dollars ($ 1,000,000.00 )for • each occurrence and two million dollars ($ 2,000,000.00 )in the aggregate for bodily injury and property damage. § 2.6.2 Automobile Liability covering vehicles owned,and non-owned vehicles used,by the Architect with policy limits of not less than one million dollars ($ 1,000,000.00 )per accident for bodily injury,death of any person,and property damage arising out of the ownership,maintenance and use of those motor vehicles,along with any other statutorily required automobile coverage. § 2.6.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance,provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.6.1 and 2.6.2,and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy.The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers.Umbrella Liability:$3.000,000.00 each occurrence/$3.000.000.00 aggregate. PAGE 6 § 2.6.5 Employers' Liability with policy limits not less than two million dollars ($2,000,000.00 )each accident, two million dollars($2.000.000.00 )each employee,and two million dollars ($2,000,000.00 )policy limit. § 2.6.6 Professional Liability covering negligent acts,errors and omissions in the performance of professional services,with policy limits of not less than($ )p_r claim and re )in the agg_e_tee. five million dollars ($5.000.000.00 )per claim and five million dollars ($ 5.000.000.00 )in the aggregate.The Architect agrees that the deductible within its Professional Liability policy shall not exceed$200,000.00. § 2.6.7 Additional Insured Obligations.To the fullest extent permitted by law,the Architect shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Architect's negligent acts or omissions.The additional insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations.The Architect shall cause the primary and excess or umbrella policies for Commercial General Liability and Automobile Liability and Professional Liability policy to include a statement that such insurance cannot be cancelled until thirty(30)days after the Owner has received written notice of the insured's intention to cancel the insurance. § 2.6.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Seetien 4:6:Section 2.6 prior to commencement of Architect's Basic Services hereunder and prior to the expiration of the term dates identified on the certificates for the insurance listed thereon. § 3.1 The Architect's Basic Services consist of those described in this Article 3 and include usual and customary structura' mechanical,landscape.structural,civil,and electrical engineering services.Services not set forth in this Article 3 are Supplemental or Additional Services. § 3.1.2 The Architect shall coordinate its services and its consultants services with those services provided by the Owner,the Construction Manager,and the Owner's sane s-consultants(if any).The Architect shall be entitled to rely on,and shall not be responsible for,the accuracy,completeness,and timeliness of,services and information furnished by the Owner,the Construction Manager,and the Owner's consultants(if any).The Owner,the Owner's consultants(if any),and Construction Manager shall be entitled to rely on.and shall not be responsible for the accuracy.completeness.and timeliness of the services and information furnished by the Architect and Architect's consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any Additions and Deletions Report for AIA Document B133—2019.Copyright©2014,and 2019>.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 5 16:05:58 ET on 01/04/2024 under Order No.2114498324 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts corn User Notes: (1685410649) error,omission,or inconsistency in such services or inferration.information furnished by the Owner,the Construction Manager.and the Owner's consultants(if any).The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any error,omission,or inconsistency in such services and information furnished by the Architect or the Architect's consultants. § 3.1.3 As soon as practicable after the date of this Agreement,the Architect shall submit,for the Construction and the Owner's review and approval,a schedule for the performance of the Architect's services. The schedule shall include design phase milestone dates,as well as the anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information.The schedule shall include allowances for periods of time required for the Owner's ' selection of a Construction Manager,the Owners review of the schedule,for the performance of the Construction Manager's Preconstruction Phase services,for the performance of ,the Architect's consultants. for the performance of the Owner's consultants(if any),and for approval of submissions by authorities having jurisdiction over the Project.Once ,reviewed by both the Owner and Construction Manager and approved by the Owner after receipt of the Construction Manager's recommendation/comments,time limits established by the schedule shall not,except for reasonable cause,be exceeded by the Architect or Owner.With the Owner's approval,the Architect shall adjust the schedule,if necessary,as the Project proceeds until the commencement of construction. PAGE 7 § 3.2.2 Upon authorization by the Owner,and subject to Section 1.2.1.11,the Architect shall update the Drawings, Specifications,and other documents to incorporate the agreed upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment or Control Estimate. § 3.3.1 The Architect shall review the pregrafn;project overview,and other information furnished by the Owner and Construction Manager,and shall review laws,codes,and regulations applicable to the Architect's services. § 3.3.2 The Architect shall prepare a preliminary evaluation of the Owner's pregmirmject overview,schedule, budget for the Cost of the Work,Project site,and other Initial Information,each in terms of the other,to ascertain the requirements of the Project.The Architect shall notify the Owner of(1)any inconsistencies discovered in the information,and(2)other information or consulting services that may be reasonably needed for the Project. $ 3.3.2.1 I he Architect shall identify needs such as.hut not limited to: .1 Development of landscape and hardscane areas in project. .2 Development of buildings.structures and required services for dugouts.sun shelters and storage facilities. .3 Utilities and infrastructure. .4 Technology includes Wi-Fi.fiber.and cameras as needed. .5 Fields,infields,plazas.lawns and open space.circulation,and pedestrian access. .6 Relationship to existing adjacent development and trails. .7 Site furnishings. .8 Stormwater and green infrastructure. .9 Site lighting and electrical needs. .10 Site grading and wall structures. .11 Fencing.back stops.access.and security. .12 Field signage .13 Irrigation plan § 3.3.3 The Architect shall present its preliminary evaluation to the Owner and Construction Manager and shall discuss with the Owner and Construction Manager alternative approaches to design and construction of the Project. This shall include.but not be limited to,a preliminary concept meeting with the Owner's planning,engineering,and inspections staff.The Architect shall reach an understanding with the Owner regarding the requirements of the Project.The Architect and the Owner's staff shall meet in the preliminary evaluation process as needed upon the request of either the Architect or the Owner's staff. Additions and Deletions Report for AIA Document B133—2019 Copyright©2014,and 2019>.All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This draft was produced at 6 16:05:58 ET on 01/04/2024 under Order No.2114498324 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1685410649) § 3.3.4 Based on the Project requirements agreed upon with the Owner,the Architect shall prepare and present,to the Owner and Construction Manager,for the Owner's approval,a-p at least two preliminary design/concept design options illustrating the scale and relationship of the Project components.The Architect and the Owner's shall meet staff in the preliminary design/concept design process as needed upon the request of either the Architect or the Owner's staff. § 3.3.5 Based on the Owner's approval of the preliminary design,the Architect shall prepare Schematic Design Documents for Construction Manager's review and the Owner's approval.The Schematic Design Documents shall consist of drawings and other documents including a site plan,if appropriate,and preliminary building plans,sections and elevations;and may include some combination of study models,perspective sketches,or digital representations. The plans shall include,but not limited to: .1 Existing Conditions plan. .2 Site Grading and Utility plans. .3 Stormwater Management plan. .4 Site and Landscape plan with certificate of survey as the base. .5 Planting plans. .6 Site and Planting Details as needed. .7. Hardscape and surfacing plans. .8 Field and Infield plans. .9 Irrigation Concepts .10 Site Furnishing and amenities. .12 Mechanical,electrical and technology requirements. .13 Proposed materials. .14 Outline Specifications. .15 Site Lighting Photometrics concepts. .16 Structures and shelters plans and details. § 3.3.5.1 The Architect shall consider sustainable design alternatives,such as material choices and building orientation,together with other considerations based on program and aesthetics,in developing a design that is consistent with the Owner's program,schedule and budget for the Cost of the Work. PAGE 8 § 3.3.6 The Architect shall submit the Schematic Design Documents to the Owner and the Construction Manager.The Architect shall meet with the Construction Manager to review the Schematic Design Documents.The Architect and the Owner's staff shall meet in the Schematic Design Documents process as needed upon the request of either the Architect or the Owner's staff. PAGE 9 § 3.4.1 Based on the Owner's approval of the Schematic Design Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Design Development Documents for the Owner and Construction Manager's review and the Owner's approval.The Design Development Documents shall be based upon information provided,and estimates prepared by,the Construction Manager and shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans,sections,elevations,typical construction details,and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural,mechanical and electrical systems,and other appropriate elements.The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. § 3.4.2 , A public engagement process will occur during the Design Development Phase.which will include focus group meetings and public online and in person open houses with key stakeholders including,but not limited to the Apple Valley and Eastview Sports Associations.residents.ISD 196,city council, staff.boards.and commissions.Public engagement will include up to 5 focus groups meetings and 2 to 3 in person Additions and Deletions Report for AIA Document B133—2019 Copyright©2014,and 2019>.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 7 16:05:58 ET on 01/04/2024 under Order No.2114498324 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1685410649) open house events. Council and commission presentations will be done as necessary throughout the design process and public input will be made available on the Apple Valley Parks Social Pinpoint website. § 3.4.3 Prior to the conclusion of the Design Development Phase,the Architect shall Ownerls-appfevel-ef--the-Design-Develepffiefft-Deekiments:submit the Design Development Documents to the Owner and the Construction Manager.The Architect shall meet with the Construction Manager to review the Design Development Documents.The Architect and Owner's staff shall meet in the Design Development Phase process as needed upon the request of either the Architect or the Owner's staff.Any Owner directed changes that significantly modify the Project design after the completion of the Design Development Phase,shall be deemed additional services billed at an hourly rate(See exhibit A)or on negotiated sum basis upon the Architect providing written notice to the Owner of any perceived additional services and the Owner's written approval thereof. § 3.4.4 The Architect shall provide the Owner with two design resubmittals as required by the Owner. § 3.4.5 The Architect shall provide the Owner with probable costs opinions through the Construction Documents Phase.Upon receipt of the Construction Manager's information and estimate at the conclusion of the Design Development Phase,the Architect shall take action as required under Sections 6.5 and 6.6 and request the Owner's approval of the Design Development Documents. § 3.5.1 Based on the Owner's approval of the Design Development Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Construction Documents for the Owner and Construction Manager's review and the Owner's approval.The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Plans.Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work. The plans shall include,but not limited to: .1 Existing Conditions and Demolition plans. .2 Site Grading and Utility plans. .3 Stormwater Management plans. .4 Site and Landscape plans. .5 Planting plans. .6 Site and Planting Details as needed. .7. Hardscape and surfacing plans. .8 Field and Infield plans. .9 Irrigation Plans and Details. .10 Site Furnishing and amenities. .12 Mechanical.electrical and technology plans. .13 Signage and wavfinding. .14 Specifications. .15 Site Lighting plans and details. .16 Site Structural plans and details. .17 Structures and shelters plans and details. PAGE 10 § 3.5.3 During the development of the Construction Documents,if requested by the Owner,the Architect shall assist the Owner and Construction Manager in the development and preparation of(1)the Conditions of the Contract for Construction(General,Supplementary and other Conditions)and(2)a project manual that includes the Conditions of the Contract for Construction and Speei€cations,5xecifications and may include sample forms. § 3.5.4 .During the development of the Construction Documents,the Architect shall:(a) Additions and Deletions Report for AIA Document B133—2019.Copyright©2014,and 2019>.All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 8 16:05:58 ET on 01/04/2024 under Order No 2114498324 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1685410649) conduct Building Code review with building officials and State Officials;(b)review all Project site circulation and access with JOP,Inc..a consultant of the Owner,related to ADA issues;(c)prepare documents suitable for review for compliance with applicable governmental requirements and assist the Owner with submission to government agencies:and(d)address timely and applicable review comments received from government agencies and revise Contract Documents for compliance when required. § 3.5.5 ' Prior to the conclusion of the Construction Documents Phase.the Architect shall submit the Construction Documents to the Owner and the Construction Manager.The Architect shall meet with the Owner and Construction Manager to review the Construction Documents.The Architect and the Owner's shall meet staff in the Construction Documents Phase as needed upon the request of either the Architect or the Owner's staff.Any Owner directed changes that significantly modify the Project design after the completion of the Construction Documents Phase,shall be deemed additional services billed at an hourly rate(See exhibit A)or on negotiated sum basis upon the Architectproviding written notice to the Owner of any perceived additional services and the Owner's written approval thereof. § 3.5.6 Upon receipt of the Construction Manager's information and estimate at the conclusion of the Construction Documents Phase.the Architect shall take action as required under Section 6.7.and request the Owner's approval of the Construction Documents. § 3.6.1.1 The Architect will assist the Owner and Construction Manager with the bidding process and bid review as needed.The Architect shall provide administration of the Contract between the Owner and the Construction Manager as set forth below and in AIA Document A201TM-2017,General Conditions of the Contract for Construction.If the Construction as amended by the Owner. § 3.6.1.2 The Architect's responsibility to provide Construction Phase Services commences upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal,the Owner's approval of the Construction Manager's Control Estimate,or by a written agreement between the Owner and Construction Manager which sets forth a description of the Work to be performed by the Construction Manager prior to such acceptance or approval. Except as provided in Section 3.6.6.5,the Architect's responsibility to provide Construction Phase Services terminates on the date the Architect issues the final Certificate for Payment. § 3.6.1.3 The Architect shall advise and consult with the Owner and Construction Manager during the Construction Phase Services.The Architect shall attend and participate in pre-construction meetina(s)and weekly coordination meetings.The Architect shall meet with the Owner.Construction Manager and contractors as needed.The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement.The Architect shall not have control over,charge of,or responsibility for the construction means,methods,techniques,sequences or procedures,or for safety precautions and programs in connection with the Work,nor shall the Architect be responsible for the Construction Manager's failure to perform the Work in accordance with the requirements of the Contract Documents.The Architect shall be responsible for the Architect's negligent acts or omissions,but shall not have control over or charge of,and shall not be responsible for,acts or omissions of the Construction Manager or of any other persons or entities performing portions of the Work. PAGE 11 § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, in Section 1.2.3,to become generally familiar with the progress and quality of the portion of the Work completed,and to determine,in general,if the Work observed is being performed in a manner indicating that the Work,when fully completed,will be in accordance with the Contract Documents.However,the The Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.The Architect shall visit the site for the purpose of conducting inspections related to the generation of a punchlist(s),substantial completion.final completion and warranty inspections.On the basis of the site visits,the Architect shall keep the Additions and Deletions Report for AIA Document B133—2019 Copyright©2014,and 2019>All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This draft was produced at 9 16:05:58 ET on 01/04/2024 under Order No 2114498324 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com User Notes: (1685410649) Owner reasonably informed about the progress and quality of the portion of the Work completed,and promptly report to the Owner(1)known deviations from the Contract Documents,(2)known deviations from the most recent construction schedule submitted by the Construction Manager,and(3)defects and deficiencies observed in the Work. PAGE 12 § 3.6.4.4 The Architect shall review and respond to requests for information about the Contract Documents.The Architect shall set forth,in the Contract Documents,the requirements for requests for information.Requests for information shall include,at a minimum,a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested.The Architect's response to such requests shall be made in writing within any time limits agreed upon,or otherwise with reasonable promptness.If appropriate,the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for information. § 3.6.5.1 The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time.Subject to Section 1.2,the The Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. PAGE 13 Additions and Deletions Report for AIA Document 8133—2019 Copyright 02014,and 2019>.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 10 16:05:58 ET on 01/04/2024 under Order No.2114498324 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1685410649) NA § 4.1.1.2 Programming § 4.1.1.3 Multi §-4-1..4 Measured drawings § 4.1.1.6 § A 9 1 7 I] •ldi g Int' rma,_.,., -m en, r -nsibili-ties §-4. . . construction use § 4.1.1.9 Civil engineering § A 1 1 1n I a,dscape esign § A 1 1 11 A rchitect. r..l r design § 4.1.1.12 Value analysis § 4.1.1.13 Cost-estimating § 4.1.1.14- On site project representatien § 1.1.1.16 As designed record drawings § 4.1.1.17 As constructed record drawings §-1.1.1.19 Facilit\ support services A 1 1 �n To of ted §--44,-1-.-22—T-eleecRim+mications4data-tiesign § A 1 1 26 I ist„ric p .,tio., § 4.1.1.27 Furniture, furnishings,and equipment design § A 1 1 29 rater t Suppleme„ta S�Rl Se,-.-r... : es PAGE 14 NA NA PAGE 15 The Architect may provide Additional Services Architect's schedulc.as outlined in this Agreement upon receipt of written approval from the Owner. Additions and Deletions Report for AIA Document B133—2019 Copyright©2014,and 2019> All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This draft was produced at 11 16:05:58 ET on 01/04/2024 under Order No 2114498324 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts com User Notes: (1685410649) or-bid-paeliages-in-addi+ion-te4hose-lisled-iet-Seetion-1,4,6i where-sue-h-exeerss-is-flue-te-ehanges-in-itiated- the-Afehiteet-in-seope,eapeeities-of-basit-systemsreF editing p .sly p e.l st ru Inm nts of Se,•..ice• .. .. .. cont of the In of Ce .,he th., a In „tsof Qe e .5 Services-necessitated decisions-o€-tke fneF a San contractors; .6 Prepa4n the Architect the Fetei 11 A rcht : ..�.�fStanee tEl the-lnitiai�nee+s+c�n-�Ialcer�-Ht�TeF-than-thr-r„A -rimrectCrr Estimate;and ,.hide 1 i,th,Guar.,. e. hiteet shall p ide the f flowing Addition l Ser,.:ces it• y fe r the se .ided the A r„hitect's. of'the O. _ .1 Reviewing a Construct' _ . by the Architect; in-i-i+fmation:--C or documentation; Service; .4 Evaluating-an- ctensive-n ber C-!aims-as t e T, Decision-Maker;or . there#fern Additions and Deletions Report for AIA Document B133—2019.Copyright©2014,and 2019> All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This draft was produced at 12 16:05:58 ET on 01/04/2024 under Order No.2114498324 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1685410649) § A 9 4 The A rchite., Construction Manager .2 ( th, e b the Arch: d st.• ct: .I. h duline the Owner a to : elude in the_budget_for_the § 5.6 The Owner shall ' :.coordinate the services of its own consultants(if any)with those services provided by the Architect.The Owner shall require that its consultants(if any)and contractors(if am)maintain insurance. including professional liability insurance.as appropriate to the services or work provided. § 5.7 The Owner shall '-r-'.furnish tests.inspections and reports required by law or the Contract Documents.such as structural.mechanical. and chemical tests.tests for air and water pollution.and tests for hazardous materials. § 5.8 ' te-this-AgfeemeilbThe Owner shall furnish all legal.insurance and accounting services.including auditing services. that may he reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.9 The Owner shall OwfieFaft4-the-Owftefls-.eimisultacits,-The-OwneFsha4-1-14Ki-if,h4he-servic-es-of-eensti-ltat4s-et.litsr--thati-those-Eiesignated-as provide prompt written notice to the Architect and Additions and Deletions Report for AlA Document B133-2019.Copyright 0 2014,and 2019> All rights reserved The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 13 16:05:58 ET on 01/04/2024 under Order No.2114498324 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com User Notes: (1685410649) Construction Manager if the Owner becomes aware of any fault or defect in the Project,including errors,omissions or inconsistencies in the Architect's Instruments of Service. § 5.10 The Owner shall ,' , .include the Architect in all communications with the Construction Manager that relate to or affect the Architect's services or professional responsibilities.The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Construction Manager otherwise relating to the Project.Communications by and with the Architect's consultants shall be through the Architect. § 5.11 The Owner shall ,' , coordinate the Architect's duties and responsibilities set forth in the Agreement between the Owner and the Construction Manager with the Architect's services set forth in this Agreement.The Owner shall provide the Architect a copy of the executed agreement between the Owner and Construction Manager.including the General Conditions of the Contract for Construction. § 5.12 The Owner shall provide Instruments of Service.the Architect access to the Project site prior to commencement of the Work and shall obligate the Construction Manager to provide the Architect access to the Work wherever it is in preparation or progress, § 5.13 Within a reasonable time atter receipt of a written request from the Architect,the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate,give notice of claims. progress. § 6.1 For purposes of this Agreement,the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the ' .Architect,The Cost of the Work also includes the reasonable value of labor, materials,and equipment,donated to,or otherwise furnished by,the Owner.The Cost of the Work does not include the compensation of the Architect;the compensation of the Construction Manager,the costs of the land,rights-of-way,financing,or contingencies for changes in the Work;or other costs that are the responsibility of the Owner. PAGE 16 § 6.3.1 If there is a discrepancy exists between the Construction Manager's cost estimates and the Architect's cost estimates,the Architect and the Construction Manager shall work together to reconcile the cost estimates. PAGE 17 Additions and Deletions Report for AIA Document B133—2019 Copyright©2014,and 2019>All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 14 16:05:58 ET on 01/04/2024 under Order No.2114498324 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1685410649) § 6.7 After incorporation of modifications under Section 6.6,the Architect shall, ,make any required revisions to the Drawings,Specifications or other documents necessitated by the Construction Manager's subsequent cost estimates,the Guaranteed Maximum Price proposal,or Control Estimate that exceed the Owner's budget for the Cost of the Work,except when the excess is due to changes initiated by the Architect in scope,basic systems,or the kinds and quality of materials,finishes or equipment. § 7.1 The-Unless expressly covered by Section 7.2.the Architect and the Owner warrant that in transmitting Instruments of Service,or any other information,the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. § 7.2 The ' work product of Architect's services. including results.and all ideas.developments,and inventions which the Architect conceives or reduces to practice during the course of its performance under this Agreement and subsequently reimbursed for by the Owner for such work product shall be the exclusive property of the Owner.This information.and material,and any such inventions shall be deemed the Owner's proprietary information and shall not be disclosed to anyone outside of the Owner or used by the Architect or others without the prior written consent of the Owner. Provided,however,the Architect has the right to reuse such information and material in the normal course of its business and retains all rights in its standard drawing details and specifications,and in all field data,notes and databases. Other than reuse or modification by the Architect.the Owner waives all claims against the Architect resulting from any changes or reuse of such information and material. The Architect will furnish the Owner with electronic data versions of certain drawings or other written documents("Digital Data")compatible with the Owner's software(to the extent possible)unless otherwise agreed upon and/or provided in hard copy form. In the event of any conflict between a hard copy document and the Digital Data,the hard copy document governs. The Digital Data shall be prepared in the current software in use by the Architect and is not warranted to be compatible with other systems or software. Any Digital Data submitted by the Architect to the Owner is submitted for an acceptance period of 60 days("Acceptance Period"). Any defects that the Owner discovers during this period and reports to the Architect will be corrected by the Architect at no extra charge. For corrections of defects reported to the Architect after the Acceptance Period,the Owner shall compensate Architect on an hourly basis at Architect's billing rates set forth at Exhibit A. Additions and Deletions Report for AIA Document B133—2019.Copyright CO 2014,and 2019> All rights reserved. The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 15 16:05:58 ET on 01/04/2024 under Order No.2114498324 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1685410649) § 7 A Except for the licenses g d hi• A 1 ate .. r itte..-.. of the Ar„hit A.. 1, f h e Agreement. § 8.1.2 To the extent damages are covered by property insurance,the Owner and Architect waive all rights against each other and against the contractors,consultants,agents and employees of the other for damages,except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201-2017,General Conditions of the Contract for Construetirfr-Construction.as amended by the Owner.The Owner or the Architect,as appropriate, shall require of the Construction Manager,contractors,consultants,agents and employees of any of them,similar waivers in favor of the other parties enumerated herein. PAGE 18 § 8.2.1 Any claim,dispute,or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution.I„=site;-;;;a:-ter relate; of the Architect s h hit t l-lowever.the parties may proceed in accordance with applicable law to comply with ;filing deadlines such as statues of limitations.prior to resolution of the matter by mediation. § 8.2.2 The Owner and Architect shall endeavor to resolve claims,disputes and other matters in question between them by .. ofthi A t.mediation..A request for mediation shall be made in writing,delivered to the other party to this Ag, exent.and filed with the adm nisterifi the edi .Agreement..The request may be made concurrently with the filing of a complaint but,in such event,mediation shall proceed in advance of binding dispute resolution proceedings,which shall be stayed pending mediation for a period of 60 days from the date of filing,unless stayed for a longer period by agreement of the parties or court order.:f:...ar bit ed' e,l § 8.2.3 The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the place where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. [ X ] Litigation in a court of competent jurisdiction located in Dakota County Minnesota jurisdiction. Additions and Deletions Report for AIA Document B133—2019.Copyright©2014,and 2019>.All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 16 16:05:58 ET on 01/04/2024 under Order No.2114498324 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts com User Notes: (1685410649) claim.dispute or other matter in question arising out of or related to this Agreement subject to,but not resolved by. mediation shall be subjec , da 1 , teb:, . ial-1 t - §--8 3:4--GGonseli ation-ems-Joity other-arbitr § 8.3.4.2 Either party.at its sole discretion,may include by joinder persons or entities substantially involved in a n-additional described i.,the w Section 8.3.whether by joinder or consolidation,the same rights of joinder and consolidation as the Owner and A 1 der this A greemen § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement,such failure shall be considered substantial nonperformance and cause for* " " hitect's option. f..-suspension of performance of services under this Agreement.If the Architect elects to suspend services,the Architect shall give seven days'written notice to the Owner before suspending services.In the event of a suspension of services,the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services.Before resuming services,the Owner shall pay the Architect all sums due prior to suspension and any and a suspension.The Architect's time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project,the Architect shall be compensated for services performed prior to notice of such suspension.When the Project is resumed,the Architect's' r f or t" nd the time schedules shall be equitably adjusted. Additions and Deletions Report for AIA Document B133—2019 Copyright©2014,and 2019>.All rights reserved."The American Institute of Architects,"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 17 16:05:58 ET on 01/04/2024 under Order No 2114498324 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts corn User Notes: (1685410649) § 9.4 Either party may terminate this Agreement upon not less than seven thirty(30)days'written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven thirty(30)days'written notice to the Architect for the Owner's convenience and without cause. PAGE 19 § 9.7 r h • oenience ",chkee4•he f flowing f ...a.n.aa.az one_.. licensing,fee.} .1 Termination Fee: .2 Licensing Fee if the Owner intends to continue using the Ar-h•a In •�menu fSe ^ • Except as otherwise expressly provided herein-this Aereement shall terminate two years from the date of Final Completion of the Project. § 9.8 :. The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7. § 10.1 This Agreement shall be governed by the law of the place where the Project is located,excluding that jurisdiction's choice of law rules. Ifineh.,parties have selected arbitr. •he r ederal rbitration ct shall g S p § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2017,General Conditions of the Contract for Gen.sfridetion,Construction as amended by the Owner.except as modified in this Agreement.The term"Contractor"as used in A201-2017 shall mean the Construction Manager. § 10.3 The Owner and Architect,respectively,bind themselves,their agents,successors,assigns,and legal representatives to this Agreement.Neither the Owner no_th " hi• • h 11 The Architect shall not assign this Agreement without the written consent of the thi;„greeni ent to-a-lender providingpfEwid-i-ftg-Cin-anein-e-fo-Fthe-Pfejeet-i-f-the-IenfleFOwner.The Owner may assign this Aereement if the assienee agrees to assume the Owner's rights and obligations under this Agreement,including any payments due to the Architect by the Owner prior to the assignment. § 10.8 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions.If it is determined that any provision of the Agreement violates any law.or is otherwise invalid or unenforceable,then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Agreement shall he Additions and Deletions Report for AIA Document B133—2019.Copyright©2014,and 2019>.All rights reserved. The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 18 16:05:58 ET on 01/04/2024 under Order No.2114498324 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts com. User Notes: (1685410649) construed,to the fullest extent permitted by law,to give effect to the parties' intentions and purposes in executing the Agreement. § 10.9 The i Architect shall pay any subcontractor/consultant within ten days of the Architect's receipt of payment from Owner for undisputed services provided by the subcontractor/consultant. The Architect shall pay interest of one and one-half(1-1/2%)percent per month or any part of a month to the subcontractor/consultant on any undisputed amount not paid on time pursuant to this provision to the subcontractor/consultant. The minimum monthly interest penalty payment for an unpaid balance of one hundred ($100.00)dollars or more shall be ten($10.00)dollars. For an unpaid balance of less than one hundred($100.00) dollars.the Architect shall pay the actual penalty due under this provision to the subcontractor/consultant. A subcontractor/consultant who prevails in a civil action to collect interest penalties from the Architect shall be awarded its costs and disbursements,including attorney's fees,incurred in bringing the action. § 10.10 Pursuant to Minnesota Statutes✓i 13.05,subd. II.all of the data created,collected,received,stored,used, maintained.or disseminated by the Architect in performing an owner's function under this Agreement is subject to the requirements of the Minnesota Government Data Practices Act.Minnesota Statutes Chapter 13,and the Architect must comply with those requirements as if it were a government entity. § 10.11 As the Architect is not the Owner's employee.the Architect is responsible for paying all required state and federal taxes. In particular.the Owner will not withhold FICA(Social Security)from the Architect's payments;will not make state or federal unemployment insurance contributions on the Architect's behalf;will not withhold state or federal income tax from payment to the Architect;will not make disability insurance contributions on behalf of the Architect:or will not obtain workers'compensation insurance on behalf of the Architect. PAGE 20 $312,000.00 .2 Percentage Basis {Insert percentage value) o . .3 Other cemperstien-apply) Additions and Deletions Report for AIA Document B133—2019.Copyright 0 2014,and 2019> All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 19 16:05:58 ET on 01/04/2024 under Order No.2114498324 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts corn. User Notes: (1685410649) n shall c the Architect as f 11 ., .`•ewsi [1. 0 Services.) compensation--for e' _ 81lews= Schematic Design Phase percent ( %) ase p —( 0/u) pereent—( %) Construction Phase pereent—( %) Tetal-Basie-Eempensation one-hundred percent ( -1-00 %) sin+u-ltaneetishefeti+re,the-Arel4teet-shel-1-14e-per-ni-itted-te-inveiee-tnenth42,=-in-pr-epectien4e-ser-N:iees-peFfe.Fnied-in ea,.h Dh..se of Se...-ice.- . es f4: § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants are set forth below.The See attached Exhibit A for hourly rates. Category § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic,. and-in•lude expenses i red b: .I.e Architect and tth c fellewsi Additions and Deletions Report for AIA Document B133—2019.Copyright©2014,and 2019> All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 20 16:05:58 ET on 01/04/2024 under Order No 2114498324 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts.com User Notes: (1685410649) and extrancts; •, g p) -and sentatic aterials t.or the expense of y consultants; ; .10 Site office expenses; .11 Registration fees ar hi r .c ble Objective; nd 12 Ot' ' it P- t relate''expenditures and Additional Services and arc those types of expenses identified in Exhibit A. ants plus percent( %)of the expenses incurred. §- 1-14-Architect' - 1 $r.Setrsl § 11.10�- -Init l—Pay^eats § 11.10.1 Progress Payments § 11.10.1.1 An initial p unt4e rt 11+ ai a G th l- fwelee Unless otherwise agreed. payments for services shall he made monthly in proportion to services performed.Payments are due and payable upon presentation of the Architect's invoice. Monthly payments shall he based on(1)the percentage of Basic Services completed.(2)Additional Services performed(if any).and(3)Reimbursable Expenses incurred. Payments are due and payable 45 days from the date of the invoice. Invoiced amounts unpaid 60 days after the invoice date shall be determined overdue and shall accrue 1.5%simple interest per month. § 11.10.1.2 n , a tti c .,bile,.,Ceri fic . .The Architect shall provide a schedule of values that allocates the stipulated sum identified in k; 11.1.1 among the scope of Architect's basic services identified in Article 3 herein.The schedule of values will be held by the parties to evaluate the Architect's invoices. te€ l--i —% Additions and Deletions Report for AIA Document B133—2019 Copyright©2014,and 2019> All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 21 16:05:58 ET on 01/04/2024 under Order No.2114498324 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts com. User Notes: (1685410649) i § 11.10.2The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect.or to offset sums requested by or paid to contractors for the cost of changes in the Work, unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.3 Records of Reimbursable Expenses,expenses pertaining to Additional Services,performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. PAGE 21 .1 AIA Document B 133TM-2019,Standard Form Agreement Between Owner and Architect,Construction Manager as Constructor Edition A!�Be6amenE£�A3�-2A13,�tlicaii�S:P�svrienstivercnvecmT�aiia-cir6nscr-rsvm-c—ic�rrvcr-veccau+ as amended by Owner .2 Exhibits: Exhibit"A":Landscape Architect's Standard Hourly Rates&Reimbursable Expenses. .3 Exhibits: (Check the appropriate box for any exhibits incorporated into this Agreement.) {—}— Clint I looppaw+. Mayor Terry Minarik.Princinal OWNER(Si vulture) Pamela J.Gackstetter.City Clerk IPrinted name and title) Additions and Deletions Report for AIA Document B133—2019.Copyright©2014,and 2019>.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 22 16:05:58 ET on 01/04/2024 under Order No 2114498324 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com User Notes: (1685410649) Certification of Documents Authenticity AIA® Document D401 TM —2003 I,Terry Minarik,hereby certify,to the best of my knowledge,information and belief,that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 16:05:58 ET on 01/04/2024 under Order No.2114498324 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA®Document B133TM—2019,Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition,other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) • (Dated) AIA Document D401—2003.Copyright©1992 and 2003.All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:05:58 ET on 01/04/2024 under Order No.2114498324 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts.com User Notes: (1685410649) • ITEM: 4.U. ••••• • ••• COUNCIL MEETING DATE: January 11, 2024 Apple Valley SECTION: Consent Agenda Description: Approve Professional Services Agreement with Confluence, Inc., for Design and Development of Redwood Park Associated with 2023 Parks Bond Referendum Staff Contact: Department/ Division: Eric Carlson, Parks & Recreation Director Parks and Recreation Department ACTION REQUESTED: Approve Professional Services agreement with Confluence, Inc., for design and development of Redwood Park associated with the 2023 Parks Bond Referendum, in the amount of $966,000 plus reimbursable expenses. SUMMARY: Staff is seeking authorization to enter into an Agreement with Confluence, Inc., to lead the planning and design of the proposed improvements to Redwood Park associated with the 2023 Parks Bond Referendum. Proposed improvements include: • Apple Valley's first inclusive playground • New community pool • New building/shelter to support the playground and pool • New courts and parking • Landscaping • Explore options for energy efficiency (such as solar) • Coordination with Dakota County on a future pedestrian tunnel under County Road 42 (not funded by referendum dollars) We anticipate the following tentative schedule: 1. Design and public engagement - Spring through Winter 2024 2. Construction - Spring 2025 through Spring 2026 3. Grand re-opening - Spring 2026 We anticipate working closely with the Save Redwood Pool group and the Inclusive Playground Advocates along with the entire community as we develop plans for Redwood Park. Please note that this proposal was reviewed by the Parks and Recreation Advisory Committee at their December 7, 2023, meeting, and the Committee is recommending approval. A standard AIA contract will be used for this Agreement, which has been reviewed and approved by the City Attorney's office and is attached for reference. BACKGROUND: For the last several years, the City of Apple Valley has worked with the community to determine the future needs and desires residents have for parks and recreation services. On Tuesday, November 7, Apple Valley voters approved two separate questions in a special election, authorizing a total of $73.25 million to invest in parks, trails, natural resources, Kelley Park, Redwood Park, Hayes Arena, the Apple Valley Family Aquatic Center, the Apple Valley Community Center and Senior Center, a youth baseball/softball complex at Hayes Park, and a community pool at Redwood Park. It will take four to six years to implement the improvements approved by voters. As we develop projects, we will involve residents in the planning process. Information on plans and construction progress will be provided on our website so residents can see what work is planned for each location and how the referendum dollars are being spent. Staff is currently working on the selection of a Construction Manager. We anticipate hiring the same firm to manage the construction of Kelley Park, Redwood Park, AVFAC, AVCC/AVSC, and the youth baseball/softball complex at Hayes Park. Staff is still determining the best method for delivering the hundreds of smaller projects proposed in the referendum. BUDGET IMPACT: Funding for this Agreement comes from the successful 2023 Parks Bond Referendum. Funding will/may also come from two additional sources: 1. The City of Apple Valley has received a 2023 State of MN Bonding allocation in the amount of $1,410,000. A sincere thank you goes to State of MN Representatives Robert Bierman (56A) and John Huot (56B) and State of MN Senator Erin Maye Quade (56) for their support. Staff is currently working on the application. 2. The City of Apple Valley has also been notified by US Congresswoman Angie Craig and US Senators Tina Smith and Amy Klobuchar that we may receive $500,000 of federal funding from the Community Project Fund. We appreciate their support. The project budget for Redwood Park is $16,100,000. ATTACHMENTS: Proposal Agreement con FLlUEf10E January 2, 2024 City of Apple Valley Attention: Eric Carlson, Parks and Recreation Director Apple Valley Parks & Recreation Department 14603 Hayes Road Apple Valley, MN 55124 RE: An Agreement for Provision of Professional Services Apple Valley Redwood Park Eric: We are pleased to submit this professional services agreement for Schematic Design, Design Development through Construction Documentation and Construction Administration Design Services as provided herein between the City of Apple Valley(Client)and Confluence(Consultant), project lead. We are looking forward to working on your project! Project The Project for the City of Apple Valley includes professional design services, construction, and implementation of improvements to Redwood Park as part of a successful Parks Bond Referendum. The process will involve community engagement, city approvals, council and parks committee meetings, and cost estimating.The project team will include Landscape Architecture,Architecture, Civil Engineering, Mechanical and Electrical Engineering, Structural Engineering,Aquatic Engineering and Geotechnical Engineering as needed. Article 1: Design Services Project: Redwood Park Improvements Professional Services for Redwood Park • Schematic Design, Design Development and Construction Documentation for all park improvements as identified in the approved concept design with a project budget of$9,600,000.This will include a new custom inclusive playground with structures, amenities and a PIP surfacing, new aquatics facility with pool and park building(including kitchen, restrooms, changerooms, showers, administration space, meeting space, storage, mechanical equipment room, Lifeguard room, solar roof), pickleball,tennis, equa volley and basketball courts, baseball field, park shelters, lawns, trails, landscape, hardscape, site furnishing, irrigation,fire feature,fencing, lighting, power stations,Technology(including programmable locks,Wi-Fi,fiber, and cameras), expanded parking, stairs, walls and coordinate with County on pedestrian tunnel. • Cost estimating for the improvements. thinkconfluence.com • Bidding and construction administration services. Including construction meetings, review shop drawings, process payment applications and process of field administration items. • Preparation of a punch-list and assist with closing out the project. • Prepare final as-builts based on the general contractors marked up field drawings. Professional Team Confluence- landscape architecture,JLG - architecture, Nelson-Rudie and Associates-structural and MEP engineering, EVS - civil engineering, Re-engineered -Aquatics, and Braun - Geotechnical as needed. Construction Timeline and Schedule • Design and Public Engagement for Redwood Park will begin in Spring of 2024 • Approvals and Bidding of Redwood Park will be completed in March of 2025 • Construction of Redwood Park will begin in April of 2025 and conclude in the summer of 2026. 1 Part One: Schematic Design - City Approval and Review 1.1 Schematic Design Services to be provided under this agreement include Landscape Architecture,Architecture, Civil Engineering, Mechanical and Electrical Engineering and Aquatic Engineering and scope refinement as needed from the preferred concept design. 1.2 Based on the Concept Design Development phase submission approved by the City, the Consultant shall prepare Schematic Design Documents suitable for City of Apple Valley Planned Approvals. Develop as required by City of Apple Valley Site Plan, entitlement, and approval submittal requirements. 1.3 Identify,with the Client, needs such as, but not limited to: 1.3.1 Development of landscape and hardscape areas in park. 1.3.2 Development of Park Pool Building, structures and required services for restrooms, changerooms, showers, admin space, lifeguard room, meeting space, kitchen, mechanical and storage facilities. 1.3.3 Utilities and Infrastructure. 1.3.4 Technology includes Wi-Fi,fiber, cameras, programmable locks and card readers. 1.3.5 Plazas, patios, lawns and open space, Parking, circulation, and gathering. 1.3.6 Develop ideas related to programming outdoor activities. 1.3.7 Relationship to existing adjacent restroom, development,tunnel and trails. 1.3.8 Site furnishings and specialty features. 1.3.9 Inclusive play structures with PIP surfacing. 1.3.10 Pool(s) and mechanical infrastructure. 1.3.11 Basketball court, pickelball and tennis courts, equa volley courts, baseball field. 1.3.12 Irrigation 1.3.13 Stormwater and green infrastructure. 1.3.14 Site and building mechanical, lighting and electrical needs. 1.3.15 Site grading, steps, ramps and wall structures. APPLE VALLEY REDWOOD PARK IMPLEMENTATION/23485 Page 2 of 12 thinkconfluence.com 1.3.16 Fencing, access, and security. 1.3.17 Pollinator and natural areas. 1.3.18 Park signage 1.4 The Public Engagement process will include focus group meetings and public online and in person open houses with key stakeholders including but not limited to the Save Redwood neighborhood groups, Inclusive play groups and specialists, residents, city council, staff, boards, and commissions. Public engagement will include up to 8 focus group meetings and 2-3 in person open house events. Council and commission presentations will be done as necessary throughout the process. Information throughout the design process and public input will also be available on the Apple Valley Parks Social Pinpoint website. 1.5 Develop plans for approvals and SD level costing, needs such as, but not limited to: 1.5.1 Existing Conditions plan 1.5.2 Site Grading and Utility plans 1.5.3 Stormwater Management plan 1.5.4 Site and Landscape plan with certificate of survey as the base 1.5.5 Planting Plans 1.5.6 Site and Planting Details as needed. 1.5.7 Hardscape Plans 1.5.8 Architectural plans and elevations 1.5.8.1 Architectural Plans for Park/Pool Building 1.5.8.1 Including, Bathrooms, changing rooms, admin, meeting space, lifeguard room, mechanical and electrical rooms, showers, kitchen, and storage. 1.5.8.1 Overall Floor Plan (1/4"scale) 1.5.8.1 Overall Roof Plan (1/4"scale) 1.5.8.1 Colored Exterior Elevations and a total of two (2)3D Concept Renderings to describe the schematic design. 1.5.8.1 Representative Building Sections to describe the overall project construction approach. 1.5.8.1 Schematic Level Revit Models 1.5.9 Aquatic design for pools and other aquatics for state review 1.5.10 Inclusive playground and surfacing 1.5.11 Site Furnishings and amenities 1.5.12 Mechanical, electrical and technology requirements 1.5.13 Proposed materials 1.5.14 Outline Specifications 1.5.15 Site Lighting Photometrics concepts 1.6 The final product shall be graphic illustrations, drawings and renderings necessary to communicate the Schematic Site Design for costing and the city and state approval process needed. 1.7 Existing Utility Coordination will be coordinated with the City and State on all site development and its relationship to current site utilities and access. APPLE VALLEY REDWOOD PARK IMPLEMENTATION/23485 Page 3 of 12 thinkconfluence.com 1.4 Meetings and coordination with the City, Staff, Construction Manager(CM), Consultant Team, and their representatives, as needed. 1.5 The Consultant Team Coordination: We will coordinate internally with all disciplines throughout the design and implementation process. 1.6 Consultant will provide the Client with probable cost opinions. 1.7 These documents shall be reviewed by the Client,with any comments and minor revisions occurring in this phase.Any City directed changes that significantly modify approved direction from the design,this would be deemed extra services and billed on an hourly basis. Consultant will identify any perceived extra services prior to proceeding with work. 1.8 Provide up to two design resubmittals as required by City Approvals 2 Part Two: Design Development 2.1 Design Development Services to be provided under this agreement include Landscape Architecture,Architecture, Civil Engineering, Mechanical and Electrical Engineering and Aquatic Engineering and are detailed below. 2.2 Based on the Schematic Design phase submission approved by the Client,the Consultant shall prepare Design Development Documents suitable for bidding or contract negotiations and for construction of the Project. Develop as required by City of Apple Valley needs such as, but not limited to: 2.2.1 Construction plans and documents including: 2.2.1.1 Site preparation/demolition plan 2.2.1.2 Layout plan(s) 2.2.1.3 Site Grading and drainage plans 2.1.1.3.1 Final Subdivision Plan 2.1.1.3.2 Existing Conditions Plan 2.1.1.3.3 Preliminary and Final Grading/Drainage and Stormwater Pollution Prevention Plans 2.1.1.3.4 Preliminary and Final Utility Plan 2.1.1.3.5 Stormwater Management Plan 2.1.1.4 Building and structures plans 2.1.1.4.1 Full,four(4) part project specifications 2.1.1.4.2 Building Plans 2.1.1.4.3 Life Safety and Exiting Diagrams 2.1.1.4.4 Reflected Ceiling Plans 2.1.1.4.5 Typical Wall Type Details 2.1.1.4.6 Exterior Building Elevations 2.1.1.4.7 Typical Wall Sections and Key Details Enlarged 2.1.1.4.8 Roof Plan 2.1.1.4.9 Assistance with updating permits. 2.1.1.5 Mechanical Electrical and Technology Plans 2.1.1.6 Interactive Water Feature Plans APPLE VALLEY REDWOOD PARK IMPLEMENTATION/23485 Page 4 of 12 thinkconfluence.com 2.1.1.7 Site Furnishings &amenities plans 2.1.1.8 Landscape and Hardscape plans 2.1.1.9 Detail Drawings 2.1.1.10.1 Prepare construction details to describe the materials, spatial relationships, connections, and finished suitable for constructing the proposed improvements. 2.1.1.10 Specifications 2.1.1.12.1 Prepare specifications for the proposed improvements. 2.1.1.12 Lighting and Photometric plans 2.2.2 Conduct Code review with building officials and State officials. 2.2.3 Review all site circulation and access with JQP Inc., a subconsultant of the city of Apple Valley as related to ADA issues. 2.2.4 Update opinion of probable costs of the proposed improvements. 2.2.5 Prepare documents suitable for review for compliance with applicable governmental requirements and assist the Client in the submission to governmental agencies. 2.2.6 Address timely and applicable review comments received from agencies and revise Design Development Documents for compliance when required. 2.2.7 Submit one electronic pdf set of the Design Development Documents. Printed copies will be Reimbursable Expense. 2.2.8 Meetings and coordination with Client, CM, Consultant and Sub Consultants throughout process. 2.3 These documents shall be reviewed by the Client,with any comments and minor revisions occurring in this phase. Any Client or CM directed changes that significantly modify the approved direction from site plan submittal will be deemed extra services and billed on an hourly basis. The Consultant will identify any perceived extra services prior to proceeding with work, whenever possible. 3 Part Three: Construction Documents 3.1 Construction Document Services to be provided under this agreement include Landscape Architecture,Architecture, Civil Engineering, Mechanical and Electrical Engineering and Aquatic Engineering and are detailed below. 3.2 Based on the Schematic Design Development phase submission approved by the Client, the Consultant shall prepare Construction Documents suitable for bidding or contract APPLE VALLEY REDWOOD PARK IMPLEMENTATION/23485 Page 5 of 12 thinkconfluence.com negotiations and for construction of the Project. Develop as required by City of Apple Valley needs such as, but not limited to: 3.2.2 Construction plans and documents including: 3.2.2.1 Site preparation/demolition plan 3.2.2.2 Layout plan(s) 3.2.2.3 Site Grading and drainage plans 3.2.2.3.1 Final Subdivision Plan 3.2.2.3.2 Existing Conditions Plan 3.2.2.3.3 Preliminary and Final Grading/Drainage and Stormwater Pollution Prevention Plans 3.2.2.3.4 Preliminary and Final Utility Plan 3.2.2.3.5 Stormwater Management Plan 3.2.2.4 Pool Building and structures plans 3.2.2.4.1 Full,four(4) part project specifications 3.2.2.4.2 Building Plans 3.2.2.4.3 Life Safety and Exiting Diagrams 3.2.2.4.4 Kitchen Facility plan 3.2.2.4.5 Reflected Ceiling Plans 3.2.2.4.6 Typical Wall Type Details 3.2.2.4.7 Exterior Building Elevations 3.2.2.4.8 Typical Wall Sections and Key Details Enlarged 3.2.2.4.9 Roof Plan 3.2.2.4.10 Assistance with updating permits. 3.2.2.5 Mechanical Electrical and Technology Plans 3.2.2.6 Pool and aquatics plans and specifications 3.2.2.7 Site Furnishings &amenities plans 3.2.2.8 Landscape and Hardscape plans 3.2.2.9 Irrigation performance specifications 3.2.2.10 Detail Drawings 3.2.2.10.1 Prepare construction details to describe the materials, spatial relationships, connections, and finished suitable for constructing the proposed improvements. 3.2.2.11 Solar array and specifications 3.2.2.12 Specifications 3.2.2.12.1 Prepare construction specifications for the proposed improvements. 3.2.2.13 Lighting and Photometric plans 3.2.3 Conduct Code review with building officials and State officials. 3.2.4 Review all site circulation and access with JQP Inc., a subconsultant of the city of Apple Valley as related to ADA issues. 3.2.5 Coordinate with Dakota County on Tunnel placement and location and how it integrates into the construction documents. 3.2.6 Update opinion of probable costs of the proposed improvements. APPLE VALLEY REDWOOD PARK IMPLEMENTATION/23485 Page 6 of 12 thinkconfluence.com 3.2.7 Prepare documents suitable for review for compliance with applicable governmental requirements and assist the Client in the submission to governmental agencies. 3.2.8 Address timely and applicable review comments received from agencies and revise Construction Documents for compliance when required. 3.2.9 Submit one electronic pdf set of the Construction Documents. Printed copies will be Reimbursable Expense. 3.2.10 Meetings and coordination with Client, CM, Consultant and Sub Consultants throughout process. 3.3 These documents shall be reviewed by the Client,with any comments and minor revisions occurring in this phase. Any Client or CM directed changes that significantly modify the approved direction from site plan submittal will be deemed extra services and billed on an hourly basis. The Consultant will identify any perceived extra services prior to proceeding with work,whenever possible. 4 Part Four: Construction Administration 4.2 Meetings with the Client, Consultant, Sub Consultants, CM and Contractors, as needed. 4.3 Assist with Bidding Process and bid review as needed. 4.4 Site visits, (resident services will be charged hourly) preparation of progress reports, responses to RFI's and generation of project completion punch lists as needed. 4.5 Coordinate funding dollar requirements with CM to see if prevailing wage is required on federal money allocated to the playground. 4.6 Weekly coordination meetings, pre-construction meetings, site inspections, punch, substantial completion, and warranty inspections. Article 2: Fees and Expenses: 2.1 Compensation for Redwood Park: We recommend a percentage of construction cost approach based on the budget estimate established during the concept design phase of the project completed in 2026. It is understood that the project budget is set at $16.1 M. 2.2 The construction budget is estimated at $12.88M (80% of$16.1 M).We propose a 7.5%fee. Utilizing the construction cost budget this equates to a fee of$966,000. APPLE VALLEY REDWOOD PARK IMPLEMENTATION/23485 Page 7 of 12 thinkconfluence.com 2.3 Reimbursable Expenses are expenditures made by the Design Teams,their employees, and consultants in the interest of the Project plus an administrative fee of 15%. Reimbursable Expenses include but are not limited to travel expenses, costs of reproduction of documents, postage, services of professional consultants which cannot be quantified at the time of contracting, and other, similar, direct Project related expenditures. See Exhibit A for Confluence standard Reimbursable Expenses. 2.4 If the project is suspended for more than three (3) months, or abandoned in whole or in part, this firm shall be paid their compensation for services performed prior to receipt of written notice from the Client of such suspension or abandonment,together with reimbursable expenses then due and all terminal expenses resulting from such suspension or abandonment. Article 3: Standard Services 3.1 Supplemental Services. Supplemental Services are beyond the basic Scope of Services, and when requested in writing by the Client, shall entitle the Consultant to additional compensation (either on the hourly basis stated in"Exhibit A"or the basis of a negotiated sum) beyond the Compensation stated in Article 6 Consultant Compensation. 3.2 Standard of Care. The Consultant Services shall be performed with care and diligence in accordance with the professional standards applicable at the time and in the location of the Project and appropriate for a project of the nature and scope of this Project. 3.3 Changes to Approved Services. Revisions to drawings or other documents shall constitute Supplemental Services made necessary because of Client-requested changes to previously approved drawings or other documents, or because of Client changes to previous Project budget parameters or Project requirements. 3.4 Schedule of Performance. The Client's signature on this Agreement shall be the basis for the Consultant to begin providing services for the Project. The Consultant shall perform the services per the Client's proposed schedule and complete the project by August 2026 or as agreed 200 days from the date of execution of this agreement by the City. Article 4: Client's Responsibilities 4.1 Information. The Client shall provide data about the site and other information on which the design is to be based as well as Client's budget parameters for the Project. Some data for the site may be provided as part of the Scope of Services.The Consultant shall be entitled to rely on the accuracy and completeness of information provided by the Client. 4.2 Budget. The Consultant shall reasonably strive to propose designs and prepare documents consistent with the Client's budget parameters. If provided by the Consultant as a part of the Scope of Services, opinions of probable construction costs are based on the Consultant's familiarity with the construction industry and are provided only to assist the Client's budget planning. Such opinions shall not be construed to provide a guarantee or warranty that the APPLE VALLEY REDWOOD PARK IMPLEMENTATION/23485 Page 8 of 12 thinkconfluence.com actual construction costs will be within the Project budget parameters at the time construction bids are solicited or construction contracts negotiated. 4.3 Approvals. The Client's decisions, approvals, reviews, and responses shall be communicated to the Consultant in a timely manner so as not to delay the performance of the Consultant Services. 4.4 Project Permit and Review Fees. The Client shall pay all fees required to secure jurisdictional approvals for the Project. Article 5: Ownership of Documents 5.1 The Consultant shall be deemed the author and owner of all document's deliverables developed pursuant to this Agreement and provided to the Client by the Consultant (collectively,the "Design Materials"). Subject to payment by the Client of all fees and Reimbursable Expenses owed to the Consultant,the Consultant grants the Client an irrevocable, non-exclusive license to reproduce the Design Materials solely for to the construction of the Project and for information and reference with respect to the use of the Project. Article 6: Consultant Compensation 6.1 Monthly payments to the Consultant shall be based on (1)the percentage of Scope of Services completed and shall include payments for(2) Supplemental Services performed, and (3) Reimbursable Expenses incurred. 6.2 Payments are due and payable 45 days from the date of the Consultant's invoice. Invoiced amounts unpaid 60 days after the invoice date shall be determined overdue and shall accrue 1.5% simple interest per month.At the Consultant's option, overdue payments may be grounds for termination or suspension of services. In the event any portion or all of an account remains unpaid 120 days after billing, the Client shall pay all costs of collection, including reasonable attorney's fees. Article 7: Insurance, Indemnification, Consequential Damages& Limitation of Liability 7.1 Insurance. The Consultant shall secure and maintain insurance coverages indicated as follows: Coverage: Liability Limits: Professional Liability: $2,000,000 per claim/$4,000,000 aggregate Commercial General Liability: $1,000,000 per claim/$2,000,000 aggregate Comprehensive Automobile Liability: $1,000,000 combined single limit Umbrella Liability: $3,000,000 each occurrence/$3,000,000 aggregate Drone Aviation Liability: $1,000,000 per claim Workers Compensation: $2,000,000 per claim/$2,000,000 policy limit APPLE VALLEY REDWOOD PARK IMPLEMENTATION/23485 Page 9 of 12 thinkconfluence.com 7.2 Indemnification: Client and Consultant each agree to indemnify and hold harmless the other, and their respective officers, employees, and representatives,from and against liability for losses, damages, and expenses, including reasonable attorney's fees, to the extent such losses, damages or expenses are caused by the indemnifying party's negligent acts, errors, or omissions. In the event losses, damages or expenses are caused by the joint or concurrent negligence of the Client and Consultant, they shall be borne by each party in proportion to its negligence. 7.3 Consequential Damages. The Consultant and the Client waive consequential damages for claims, disputes, or other matters in question which arise of or are related to this Agreement, including but not limited to consequential damages due to the termination of this Agreement by either party in accordance with the provisions of Article 7 thereof. 7.4 Limitation of Liability. To the maximum extent permitted by law,the Client agrees to limit the Consultant's liability for the Client's damages to the sum of$50,000.00. This limitation shall apply regardless of the cause of action or legal theory pled or asserted. Article 8: Dispute Resolution 8.1 If a dispute arises out of or relates to this agreement,the parties shall endeavor to resolve their differences first through direct discussions. If the dispute has not been settled within 14 days of the initial discussions,the parties shall submit the dispute to mediation,the cost of which shall be shared equally by both parties. 8.2 For any claim subject to, but not resolved by, mediation pursuant to 6.1,the method of binding dispute resolution shall be as follows: ❑ Arbitration pursuant to the Construction Industry Mediation Rules of the American Arbitration Association ❑X Litigation in a court of competent jurisdiction 8.3 Nothing in these provisions shall limit rights or remedies not expressly waived under applicable lien laws. Article 9: Termination 9.1 This agreement may be terminated by either party on seven (7) days'written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination, provided the defaulting party has not cured or in good faith diligently commenced to cure the breach during the 7-day notice period. If the project is terminated,the Consultant shall be paid their compensation for services performed prior to receipt of written notice from the Client,together with reimbursable expenses and applicable taxes then due. APPLE VALLEY REDWOOD PARK IMPLEMENTATION/23485 Page 10 of 12 thinkconfluence.com Article 10: Other Terms& Conditions 10.1 Promotional Materials & Images. The Consultant shall have the right to include photographic or artistic representations of the design of the Project among the Consultant's promotional and professional materials. The Consultant shall be given reasonable access to the completed Project to make such representations. However,the Consultant's materials shall not include the Client's confidential or proprietary information if the Client has previously advised the Consultant in writing of the specific information considered by the Client to be confidential or proprietary. The Client shall provide professional credit for the Consultant in the Client's promotional materials for the Project. 10.2 Assignment. Neither party shall assign their interest in this Agreement without the expressed written consent of the other, except as to the assignment of the proceeds. 10.3 Governing Law. The laws of the State of Minnesota shall govern this agreement. 10.4 Complete Agreement. This Agreement represents the entire understanding between the Client and Consultant and supersedes all prior negotiations, representations, or agreements, whether written or oral with respect to its subject matter. The person(s)signing this Agreement on behalf of the parties hereby individually warrant that they have full legal power to execute this Agreement on behalf of the respective parties and to bind and obligate the parties with respect to all provisions contained herein.This Agreement may be amended only in writing signed by both the Client and Consultant. Offered by: Consultant Accepted By: Client Confluence, Inc. City of Apple Valley 1-2-2024 Signature& Date Signature&Date Terry Minarik - Principal Printed Name&Title Printed Name&Title Confluence 901 North Third Street Suite 225 Minneapolis, Minnesota 55401 APPLE VALLEY REDWOOD PARK IMPLEMENTATION/23485 Page 11 of 12 thinkconfluence.com Exhibit"A": Landscape Architect's Standard Hourly Rates & Reimbursable Expenses STANDARD HOURLY RATES Senior Principal $160.00 - $230.00 per hour Principal $140.00 - $195.00 per hour Associate Principal $130.00 - $170.00 per hour Associate $110.00 - $160.00 per hour Senior Project Manager $100.00 - $150.00 per hour Project Manager $90.00- $120.00 per hour Senior Landscape Architect $90.00-$120.00 per hour Landscape Architect $80.00 - $110.00 per hour Senior Project Planner $90.00 -$120.00 per hour Planner II $80.00 - $110.00 per hour Planner I $70.00 - $100.00 per hour Landscape Architect-In-Training $70.00 - $100.00 per hour Landscape Architect Intern / Landscape Designer $60.00- $85.00 per hour Draftsperson $50.00 - $85.00 per hour Graphic Designer $70.00 - $100.00 per hour Clerical /System Staff $42.00 - $80.00 per hour REIMBURSABLE EXPENSES Social Pinpoint Public Engagement Tool $1,500.00 Filing Fees 1.15 x cost Materials and Supplies 1.15 x cost Meals and Lodging 1.15 x cost Mileage $.56 per mile Postage 1.15 x cost Printing by Vendor 1.15 x cost B/W Photocopies/Prints 81/2 x 11 $.05 each B/W Photocopies/Prints 11 x17 $.09 each Color Photocopies/Prints 81 x 11 $.65 each Color Photocopies/Prints 1lx17 $1.50 each Large Format Plotting- Bond $2.50/SF Large Format Plotting- Mylar $4.50/SF Large Format Plotting- Photo $5.00/SF Flash Drives $10.00 each Booklet Binding(cover, coil, back) $4.50 each Foam Core $8.00 each Easel Pads $32.75 each Electronic Files $50.00 Each Online Meeting Service $35.00 Each Effective 1/1/2023 End of Exhibit"A" APPLE VALLEY REDWOOD PARK IMPLEMENTATION/23485 Page 12 of 12 thinkconfluence.com �lnip AIA Document B133® - 2019 Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition AGREEMENT made as of the 11th day of January in the year 2024 (In words, indicate day, month and year.) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Architect's client identified as the Owner: added information needed for its (Name, legal status, address, and other information) completion.The author may also have revised the text of the original City of Apple Valley AIA standard form.An Additions and 7100 147th Street W Apple Valley,MN 55124 Deletions Report that notes added Telephone Number:952-953-2500 information as well as revisions to the standard form text is available from the author and should be reviewed.A and the Architect: vertical line in the left margin of this (Name, legal status, address, and other information) document indicates where the author has added necessary information Confluence,Inc. and where the author has added to or 901 North Third Street deleted from the original AIA text. Suite 225 This document has important legal 612-333-3702 consequences.Consultation with an attorney is encouraged with respect for the following Project: to its completion or modification. (Name, location, and detailed description) This document is intended to be used Apple ValleyRedwood Park in conjunction with AIA Documents Pp A201-2017 ,General Conditions of 311 150th St W,Apple Valley,MN the Contract for Construction; A133-2019TM'Standard Form of Agreement Between Owner and The Construction Manager(if known): Construction Manager as (Name, legal status, address, and other information) Constructor where the basis of payment is the Cost of the Work Plus To be determined a Fee with a Guaranteed Maximum Price;and A134_2019TM Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of The Owner and Architect agree as follows. payment is the Cost of the Work Plus a Fee without a Guaranteed Maximum Price.AIA Document A201 TM-2017 is adopted in this document by reference.Do not use with other general conditions unless this document is modified. Init. AIA Document B133-2019 Copyright 02014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This document was produced at 16 04 07 ET on 01/04/2024 under Order No 2114490867 which expires on 11/29/2024,is not for resale,is licensed for one-time use only,and may only be used in accoycance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts.com User Notes: (2037075809) TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (For each item in this section, insert the information or a statement such as "not applicable"or"unknown at time of execution.') § 1.1.1 Project Overview: (Insert the Owner's program, identify documentation that establishes the Owner's program, or state the manner in which the program will be developed.) The Project includes professional design services,construction,and implementation of improvements to Redwood Park. The process will involve community engagement,city approvals,council and parks committee meetings and cost estimating.The Architect's project team will include Landscape Architecture,Architecture,Civil Engineering,Electrical and Mechanical Engineering,Geotechnical Engineering,Structural Engineering and Aquatic Engineering. The Project includes preliminary evaluation and preliminary design(concept design)and the preparation of Schematic Design,Design Development,and Construction Documentation for all park improvements as identified in the approved concept design.The Project may include a new custom inclusive playground with structures,amenities and PIP surfacing, new aquatics facility with pool and park building(including kitchen,restrooms,changerooms,showers,administration space,meeting space,storage,mechanical equipment room,Lifeguard room,solar room),pickleball,tennis,equa volley and basketball courts,baseball field,park shelters,lawns,trails,landscape,hardscape,site furnishing,irrigation,fire feature,fencing,lighting,poser stations,technology(including programmable locks,Wi-Fi,fiber,and cameras), expanded parking,stairs,walls and coordination with the County on a new pedestrian tunnel. § 1.1.2 The Project's physical characteristics: (Identify or describe pertinent information about the Project's physical characteristics, such as size; location; dimensions;geotechnical reports;site boundaries; topographic surveys; traffic and utility studies;availability of public and private utilities and services; legal description of the site, etc.) This project is located at 311 150th St W.Apple Valley MN 55124. Init. AIA Document B133—2019 Copyright©2014,and 2019.All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:07 ET on 01/04/2024 under 2 Order No 2114490867 which expires on 11/29/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2037075809) § 1.1.3 The Owner's budget for the Cost of the Work,as defined in Section 6.1: (Provide total and, if known, a line item breakdown.) Sixteen Million,One Hundred Thousand and no/100 Dollars($16,100,000.00)is the total budget for the Project,which includes an estimated Twelve Million Eight Hundred Eighty Thousand and no/100 Dollars($12,880,000.00)for the Cost of the Work defined in section 6.1 plus compensation of the Architect,plus the compensation of the Construction Manager,plus contingencies for changes in the Work,and plus any costs that are the responsibility of the Owner. § 1.1.4 The Owner's anticipated design and construction milestone dates: .1 Design phase,if any: January 2024—December 2024 .2 Construction dates: March 2025—April 2026 .3 Substantial Completion date or dates: May 2026 .4 Other milestone dates: § 1.1.5 The Owner intends to retain a Construction Manager pursuant to the following agreement: (Indicate agreement type.) [ ] AIA Document A133-2019,Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price,as amended by Owner. or [ ] AIA Document A134-2019,Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee without a Guaranteed Maximum Price,as amended by Owner. § 1.1.6 (Paragraphs deleted) Intentionally deleted. § 1.1.7 Intentionally deleted. (Paragraph deleted) § 1.1.8 The Owner identifies the following representative in accordance with Section 5.4: (List name, address, and other contact information.) Eric Carlson 7100 147th Street W Apple Valley,MN 55124 952-953-2310 Eric.Carlson@applevalleymn.gov Init. AIA Document B133-2019.Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This document was produced at 16:04:07 ET on 01/04/2024 under 3 Order No.2114490867 which expires on 11/29/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2037075809) § 1.1.9 The persons or entities,in addition to the Owner's representative,who are required to review the Architect's submittals to the Owner are as follows: (List name, address, and other contact information.) Kayla Hechsel 7100 147th St W Apple Valley,MN 55124 952-953-2304 Kayla.hechsel@applevalleymn.gov § 1.1.10 The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information.) .1 Construction Manager: (The Construction Manager is identified on the cover page. If a Construction Manager has not been retained as of the date of this Agreement,state the anticipated date of retention.If the Architect is to assist the Owner in selecting the Construction Manager, complete Section 4.1.1.1) (Paragraphs deleted) To be determined. § 1.1.11 The Architect identifies the following representative in accordance with Section 2.4: (List name, address, and other contact information.) Terry Minarik 901 North Third Street Suite 225 612-333-3702 Mobile Number:952-451-0144 tminarik@thinkconfluence.com § 1.1.12 The Architect shall retain the consultants identified in Sections 1.1.12.1 and 1.1.12.2: (List name, legal status, address, and other contact information.) § 1.1.12.1 Consultants retained under Basic Services: .1 Architect: Johnson Laffen Galloway Architects,LTD.d/b/a JLG Architects 710 S 2nd St 8th Floor,Minneapolis,Minnesota,55401 .2 Civil Engineer: EVS Inc. 10025 Valley View RD#140,Eden Prairie,Minnesota,55344 .3 Structural Engineer: Nelson Rudie and Associates 9100 49th Ave N Minneapolis,Minnesota 55428 .4 Mechanical Engineer: Nelson Rudie&Associates,Inc. 9100 49th Ave N Minneapolis,Minnesota 55428 Init. AIA Document B133—2019.Copyright©2014,and 2019 All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:07 ET on 01/04/2024 under 4 Order No 2114490867 which expires on 11/29/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2037075809) .5 Electrical Engineer: Nelson Rudie&Associates,Inc. 9100 49th Ave N Minneapolis,Minnesota 55428 .6 Aquatic Engineer: reengineered inc. 8621 Edmonson Ave NE,Monticello,Minnesota 55362 .7 Geotechnical Engineer(as needed): Braun Intertec Corporation 11001 Hampshire Avenue South,Minneapolis,Minnesota 55438 (Paragraphs deleted) § 1.2 The Owner and Architect may rely on the Initial Information.Both parties,however,recognize that the Initial Information may materially change and,in that event,the Owner and the Architect shall appropriately adjust the Architect's services,schedule for the Architect's services,and the Architect's compensation.The Owner shall adjust the Owner's budget for the Cost of the Work and the Owner's anticipated design and construction milestones,as necessary,to accommodate material changes in the Initial Information. § 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. (Paragraph deleted) ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide professional services as set forth in this Agreement and the Construction Documents for the Project.The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement,or shall cause such services to be performed by appropriately licensed design professionals. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances.The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 The Architect shall provide its services in conjunction with the services of a Construction Manager as described in the agreement between the Owner and Construction Manager and Contract Documents for Project.The Architect shall not be responsible for actions taken by the Construction Manager. § 2.4 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.5 Except with the Owner's knowledge and consent,the Architect shall not engage in any activity,or accept any employment,interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 2.6 Insurance.The Architect shall maintain the following insurance until termination of this Agreement. Init. AIA Document B133—2019.Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:07 ET on 01/04/2024 under 5 Order No.2114490867 which expires on 11/29/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2037075809) § 2.6.1 Commercial General Liability with policy limits of not less than one million dollars ($ 1,000,000.00 )for each occurrence and two million dollars ($ 2,000,000.00 )in the aggregate for bodily injury and property damage. § 2.6.2 Automobile Liability covering vehicles owned,and non-owned vehicles used,by the Architect with policy limits of not less than one million dollars ($ 1,000,000.00 )per accident for bodily injury,death of any person,and property damage arising out of the ownership,maintenance and use of those motor vehicles,along with any other statutorily required automobile coverage. § 2.6.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance,provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.6.1 and 2.6.2,and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy.The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers.Umbrella Liability: $3,000,000.00 each occurrence/$3,000,000.00 aggregate. § 2.6.4 Workers'Compensation at statutory limits. § 2.6.5 Employers'Liability with policy limits not less than two million dollars ($2,000,000.00 )each accident, two million dollars($2,000,000.00 )each employee,and two million dollars ($2,000,000.00 )policy limit. § 2.6.6 Professional Liability covering negligent acts,errors and omissions in the performance of professional services, with policy limits of not less than five million dollars ($5,000,000.00 )per claim and five million dollars ($ 5,000,000.00 )in the aggregate.The Architect agrees that the deductible within its Professional Liability policy shall not exceed$200,000.00. § 2.6.7 Additional Insured Obligations.To the fullest extent permitted by law,the Architect shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Architect's negligent acts or omissions.The additional insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations.The Architect shall cause the primary and excess or umbrella policies for Commercial General Liability and Automobile Liability and Professional Liability policy to include a statement that such insurance cannot be cancelled until thirty(30)days after the Owner has received written notice of the insured's intention to cancel the insurance. § 2.6.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.6 prior to commencement of Architect's Basic Services hereunder and prior to the expiration of the term dates identified on the certificates for the insurance listed thereon. ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in this Article 3 and include usual and customary landscape,structural,civil,mechanical,aquatic and electrical engineering services.Services not set forth in this Article 3 are Additional Services. § 3.1.1 The Architect shall manage the Architect's services,research applicable design criteria,attend Project meetings, communicate with members of the Project team,and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services and its consultants'services with those services provided by the Owner, the Construction Manager,and the Owner's consultants(if any).The Architect shall be entitled to rely on,and shall not be responsible for,the accuracy,completeness,and timeliness of,services and information furnished by the Owner,the Construction Manager,and the Owner's consultants(if any).The Owner,the Owner's consultants(if any),and Construction Manager shall be entitled to rely on,and shall not be responsible for the accuracy,completeness,and timeliness of the services and information furnished by the Architect and Architect's consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error,omission,or inconsistency in such services or information furnished by the Owner,the Construction Manager,and the Owner's consultants(if any). The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any error,omission,or inconsistency in such services and information furnished by the Architect or the Architect's consultants. Init. AIA Document B133-2019 Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This document was produced at 16:04:07 ET on 01/04/2024 under 6 Order No.2114490867 which expires on 11/29/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2037075809) § 3.1.3 As soon as practicable after the date of this Agreement,the Architect shall submit,for the and the Owner's review and approval,a schedule for the performance of the Architect's services.The schedule shall include design phase milestone dates,as well as the anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information.The schedule shall include allowances for periods of time required for the Owner's selection of a Construction Manager,the Owners review of the schedule,for the performance of the Construction Manager's Preconstruction Phase services,for the performance of the Architect's consultants,for the performance of the Owner's consultants(if any),and for approval of submissions by authorities having jurisdiction over the Project.Once reviewed by both the Owner and Construction Manager and approved by the Owner after receipt of the Construction Manager's recommendation/comments,time limits established by the schedule shall not,except for reasonable cause,be exceeded by the Architect or Owner.With the Owner's approval,the Architect shall adjust the schedule,if necessary,as the Project proceeds until the commencement of construction. § 3.1.4 The Architect shall submit information to the Construction Manager and participate in developing and revising the Project schedule as it relates to the Architect's services.The Architect shall review and approve,or take other appropriate action upon,the portion of the Project schedule relating to the performance of the Architect's services. §3.1.5 The Architect shall not be responsible for an Owner's directive or substitution,or for the Owner's acceptance of non-conforming work,made or given without the Architect's written approval. § 3.1.6 The Architect shall,in coordination with the Construction Manager,contact governmental authorities required to approve the Construction Documents and entities providing utility services to the Project.The Architect shall respond to applicable design requirements imposed by those authorities and entities. § 3.1.7 The Architect shall assist the Owner and Construction Manager in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.1.8 Prior to the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal,or the Owner's approval of the Construction Manager's Control Estimate,as applicable,the Architect shall consider the Construction Manager's requests for substitutions and,upon written request of the Construction Manager,provide clarification or interpretations pertaining to the Drawings,Specifications,and other documents submitted by the Architect.The Architect and Construction Manager shall include the Owner in communications related to substitution requests,clarifications,and interpretations. §3.2 Review of the Construction Manager's Guaranteed Maximum Price Proposal or Control Estimate § 3.2.1 At a time to be mutually agreed upon by the Owner and the Construction Manager,the Construction Manager shall prepare,for review by the Owner and Architect,and for the Owner's acceptance or approval,a Guaranteed Maximum Price proposal or Control Estimate.The Architect shall assist the Owner in reviewing the Construction Manager's proposal or estimate.The Architect's review is not for the purpose of discovering errors,omissions,or inconsistencies;for the assumption of any responsibility for the Construction Manager's proposed means,methods,sequences,techniques,or procedures;or for the verification of any estimates of cost or estimated cost proposals.In the event that the Architect discovers any inconsistencies or inaccuracies in the information presented,the Architect shall promptly notify the Owner and Construction Manager. § 3.2.2 Upon authorization by the Owner, the Architect shall update the Drawings,Specifications,and other documents to incorporate the agreed upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment or Control Estimate. § 3.3 Schematic Design Phase Services § 3.3.1 The Architect shall review the project overview,and other information furnished by the Owner and Construction Manager,and shall review laws,codes,and regulations applicable to the Architect's services. § 3.3.2 The Architect shall prepare a preliminary evaluation of the Owner's project overview,schedule,budget for the Cost of the Work,Project site,and other Initial Information,each in terms of the other,to ascertain the requirements of the Project.The Architect shall notify the Owner of(1)any inconsistencies discovered in the information,and(2)other information or consulting services that may be reasonably needed for the Project. § 3.3.2.1 The Architect shall identify needs such as,but not limited to: Init. AIA Document B133—2019 Copyright©2014,and 2019 All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This document was produced at 16:04:07 ET on 01/04/2024 under 7 Order No 2114490867 which expires on 11/29/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com User Notes: (2037075809) .1 Development of landscape and hardscape areas in park. .2 Development of buildings,structures and required services for Pool Building,restrooms,pergolas, mechanical and storage facilities. .3 Utilities and infrastructure. .4 Technology including video screen,Wi-Fi,fiber,cameras,cable tv and programmable locks and card readers. .5 Plazas,patios,lawns and open space,circulation,and pedestrian access. .6 Develop ideas related to programming outdoor activities. .7 Relationship to existing adjacent development and trails. .8 Site furnishings. .9 Play structures with PIP surfacing. .10 Interactive water play and mechanical infrastructure(if needed). .11 Basketball,Pickleball,Tennis and games courts. .12 Site drainage,stormwater and green infrastructure. .13 Site and building lighting and electrical needs. .14 Site grading and wall structures. .15 Fencing,access,and security. .16 Pollinator and natural areas. .17 Park signage,wayfinding and monument sign with reader board for upcoming events. .18 Irrigation Concepts § 3.3.3 The Architect shall present its preliminary evaluation to the Owner and Construction Manager and shall discuss with the Owner and Construction Manager alternative approaches to design and construction of the Project.This shall include,but not be limited to,a preliminary concept meeting with the Owner's planning,engineering,and inspections staff.The Architect shall reach an understanding with the Owner regarding the requirements of the Project.The Architect and the Owner's staff shall meet in the preliminary evaluation process as needed upon the request of either the Architect or the Owner's staff. § 3.3.4 Based on the Project requirements agreed upon with the Owner,the Architect shall prepare and present,to the Owner and Construction Manager,for the Owner's approval,at least two preliminary design/concept design options illustrating the scale and relationship of the Project components.The Architect and the Owner's shall meet staff in the preliminary design/concept design process as needed upon the request of either the Architect or the Owner's staff. § 3.3.5 Based on the Owner's approval of the preliminary design,the Architect shall prepare Schematic Design Documents for Construction Manager's review and the Owner's approval.The Schematic Design Documents shall consist of drawings and other documents including a site plan,if appropriate,and preliminary building plans,sections and elevations;and may include some combination of study models,perspective sketches,or digital representations. The plans shall include,but not limited to: .1 Existing Conditions plan. .2 Site Grading and Utility plans. .3 Stormwater Management plan. .4 Site and Landscape plan with certificate of survey as the base. .5 Planting plans. .6 Site and Planting Details as needed. .7. Hardscape plans. .8 Architectural plans and elevations. a. Architectural Plans for restroom pavilion and bandshell. b. Overall Floor Plan(1/4"scale) c. Overall Roof Plan(1/4"scale) d. Colored Exterior Elevations and a total of two(2)3D Concept Renderings to describe the schematic design. .9 Aquatic design for interactive water feature and splash pad for state review. .10 Playground and surfacing. .11 Site Furnishing and amenities. .12 Mechanical,electrical and technology requirements. .13 Proposed materials. .14 Outline Specifications. Init. AIA Document B133-2019.Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This document was produced at 16:04:07 ET on 01/04/2024 under $ Order No 2114490867 which expires on 11/29/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2037075809) .15 Site Lighting Photometrics concepts. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.3.5.1 The Architect shall consider sustainable design alternatives,such as material choices and building orientation, together with other considerations based on program and aesthetics,in developing a design that is consistent with the Owner's program,schedule and budget for the Cost of the Work. § 3.3.5.2 The Architect shall consider with the Owner and the Construction Manager the value of alternative materials, building systems and equipment,together with other considerations based on program and aesthetics,in developing a design for the Project that is consistent with the Owner's program,schedule,and budget for the Cost of the Work. § 3.3.6 The Architect shall submit the Schematic Design Documents to the Owner and the Construction Manager.The Architect shall meet with the Construction Manager to review the Schematic Design Documents.The Architect and the Owner's staff shall meet in the Schematic Design Documents process as needed upon the request of either the Architect or the Owner's staff. § 3.3.7 Upon receipt of the Construction Manager's review comments and cost estimate at the conclusion of the Schematic Design Phase,the Architect shall take action as required under Section 6.4,and request the Owner's approval of the Schematic Design Documents.If revisions to the Schematic Design Documents are required to comply with the Owner's budget for the Cost of the Work at the conclusion of the Schematic Design Phase,the Architect shall incorporate the required revisions in the Design Development Phase. § 3.3.8 In the further development of the Drawings and Specifications during this and subsequent phases of design,the Architect shall be entitled to rely on the accuracy of the estimates of the Cost of the Work,which are to be provided by the Construction Manager under the Construction Manager's agreement with the Owner. § 3.4 Design Development Phase Services § 3.4.1 Based on the Owner's approval of the Schematic Design Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Design Development Documents for the Owner and Construction Manager's review and the Owner's approval.The Design Development Documents shall be based upon information provided,and estimates prepared by,the Construction Manager and shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans,sections,elevations,typical construction details,and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural,structural, mechanical and electrical systems,and other appropriate elements.The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. § 3.4.2 A public engagement process will occur during the Design Development Phase,which will include focus group meetings and public online and in person open houses with key stakeholders including,but not limited to the Apple Valley residents,Redwood Park supporters,Play groups and organizations,city council,staff,boards,and commissions.Public engagement will include up to 5 focus groups meetings and 2 to 3 in person open house events. Council and commission presentations will be done as necessary throughout the design process and public input will be made available on the Apple Valley Parks Social Pinpoint website. § 3.4.3 Prior to the conclusion of the Design Development Phase,the Architect shall submit the Design Development Documents to the Owner and the Construction Manager.The Architect shall meet with the Construction Manager to review the Design Development Documents.The Architect and Owner's staff shall meet in the Design Development Phase process as needed upon the request of either the Architect or the Owner's staff.Any Owner directed changes that significantly modify the Project design after the completion of the Design Development Phase,shall be deemed additional services billed at an hourly rate(See exhibit A)or on negotiated sum basis upon the Architect providing written notice to the Owner of any perceived additional services and the Owner's written approval thereof § 3.4.4 The Architect shall provide the Owner with two design resubmittals as required by the Owner. Init. AIA Document B133—2019 Copyright©2014,and 2019.All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16 04 07 ET on 01/04/2024 under 9 Order No.2114490867 which expires on 11/29/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts corn User Notes: (2037075809) § 3.4.5 The Architect shall provide the Owner with probable costs opinions through the Construction Documents Phase. Upon receipt of the Construction Manager's information and estimate at the conclusion of the Design Development Phase,the Architect shall take action as required under Sections 6.5 and 6.6 and request the Owner's approval of the Design Development Documents. § 3.5 Construction Documents Phase Services § 3.5.1 Based on the Owner's approval of the Design Development Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Construction Documents for the Owner and Construction Manager's review and the Owner's approval.The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Plans,Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work. The Plans and Drawings shall include: .1 Site preparation/demolition plan. .2 Layout plan(s). .3 Site grading and drainage plans,including: a. Final subdivision plan; b. Existing conditions plan; c. Preliminary and final grading/drainage and stormwater pollution prevention plans. d. Preliminary and final utility plan;and e. Stormwater management plan. .4 Building and structures plans,including: a. Full,four(4)part project specifications; b. Building plans; c. Life safety and exiting diagrams; d. Reflected ceiling plans; e. Typical wall sections and key details enlarged; f. Roof plan;and g. Assistance with updating permits. .5 Mechanical,electrical and technology plans. .6 Interactive water feature plans and specifications. .7 Site furnishings&amenities plans. .8 Landscape and hardscape plans. .9 Irrigation performance specifications. .10 Detail drawings,including: a. Construction details describing the materials,spatial relationships,connections,and finished suitable for constructing the Work; b. Specifications;and c. Lighting and photometric plans. The Owner and Architect acknowledge that,in order to perform the Work,the Construction Manager will provide additional information,including Shop Drawings,Product Data,Samples and other similar submittals,which the Architect shall review in accordance with Section 3.6.4. § 3.5.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the Project into the Construction Documents. § 3.5.3 During the development of the Construction Documents,if requested by the Owner,the Architect shall assist the Owner and Construction Manager in the development and preparation of(1)the Conditions of the Contract for Construction(General,Supplementary and other Conditions)and(2)a project manual that includes the Conditions of the Contract for Construction and Specifications and may include sample forms. § 3.5.4 During the development of the Construction Documents,the Architect shall:(a)conduct Building Code review with building officials and State Officials;(b)review all Project site circulation and access with JQP,Inc.,a consultant of the Owner,related to ADA issues;(c)prepare documents suitable for review for compliance with applicable governmental requirements and assist the Owner with submission to government agencies;and(d)address timely and applicable review comments received from government agencies and revise Contract Documents for compliance when required. Init. AIA Document B133-2019 Copyright©2014,and 2019.All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This document was produced at 16:04:07 ET on 01/04/2024 under 10 Order No.2114490867 which expires on 11/29/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2037075809) § 3.5.5 Prior to the conclusion of the Construction Documents Phase,the Architect shall submit the Construction Documents to the Owner and the Construction Manager.The Architect shall meet with the Owner and Construction Manager to review the Construction Documents.The Architect and the Owner's shall meet staff in the Construction Documents Phase as needed upon the request of either the Architect or the Owner's staff.Any Owner directed changes that significantly modify the Project design after the completion of the Construction Documents Phase,shall be deemed additional services billed at an hourly rate(See exhibit A)or on negotiated sum basis upon the Architect providing written notice to the Owner of any perceived additional services and the Owner's written approval thereof. § 3.5.6 Upon receipt of the Construction Manager's information and estimate at the conclusion of the Construction Documents Phase,the Architect shall take action as required under Section 6.7,and request the Owner's approval of the Construction Documents. § 3.6 Construction Phase Services § 3.6.1 General § 3.6.1.1 The Architect will assist the Owner and Construction Manager with the bidding process and bid review as needed.The Architect shall provide administration of the Contract between the Owner and the Construction Manager as set forth below and in AIA Document A201 TM-2017,General Conditions of the Contract for Construction as amended by the Owner. § 3.6.1.2 The Architect's responsibility to provide Construction Phase Services commences upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal,the Owner's approval of the Construction Manager's Control Estimate,or by a written agreement between the Owner and Construction Manager which sets forth a description of the Work to be performed by the Construction Manager prior to such acceptance or approval.Except as provided in Section 3.6.6.5,the Architect's responsibility to provide Construction Phase Services terminates on the date the Architect issues the final Certificate for Payment. § 3.6.1.3 The Architect shall advise and consult with the Owner and Construction Manager during the Construction Phase Services.The Architect shall attend and participate in pre-construction meeting(s)and weekly coordination meetings.The Architect shall meet with the Owner,Construction Manager and contractors as needed.The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement.The Architect shall not have control over, charge of,or responsibility for the construction means,methods,techniques,sequences or procedures,or for safety precautions and programs in connection with the Work,nor shall the Architect be responsible for the Construction Manager's failure to perform the Work in accordance with the requirements of the Contract Documents.The Architect shall be responsible for the Architect's negligent acts or omissions,but shall not have control over or charge of,and shall not be responsible for,acts or omissions of the Construction Manager or of any other persons or entities performing portions of the Work. § 3.6.2 Evaluations of the Work § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction,to become generally familiar with the progress and quality of the portion of the Work completed,and to determine,in general,if the Work observed is being performed in a manner indicating that the Work,when fully completed,will be in accordance with the Contract Documents.The Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.The Architect shall visit the site for the purpose of conducting inspections related to the generation of a punchlist(s),substantial completion,final completion and warranty inspections.On the basis of the site visits,the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed,and promptly report to the Owner(1)known deviations from the Contract Documents,(2)known deviations from the most recent construction schedule submitted by the Construction Manager,and(3)defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents.Whenever the Architect considers it necessary or advisable,the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents,whether or not the Work is fabricated,installed or completed.However,neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Construction Manager, Subcontractors,suppliers,their agents or employees,or other persons or entities performing portions of the Work. Init. AIA Document B133-2019 Copyright©2014,and 2019 All rights reserved The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04 07 ET on 01/04/2024 under 11 Order No.2114490867 which expires on 11/29/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts com User Notes: (2037075809) § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under,and requirements of,the Contract Documents on written request of either the Owner or Construction Manager.The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of,and reasonably inferable from,the Contract Documents and shall be in writing or in the form of drawings.When making such interpretations and decisions,the Architect shall endeavor to secure faithful performance by both Owner and Construction Manager,shall not show partiality to either,and shall not be liable for results of interpretations or decisions rendered in good faith.The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. (Paragraph deleted) § 3.6.3 Certificates for Payment to Construction Manager § 3.6.3.1 The Architect shall review and certify the amounts due the Construction Manager and shall issue certificates in such amounts.The Architect's certification for payment shall constitute a representation to the Owner,based on the Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Construction Manager's Application for Payment,that,to the best of the Architect's knowledge,information and belief,the Work has progressed to the point indicated,the quality of the Work is in accordance with the Contract Documents,and that the Construction Manager is entitled to payment in the amount certified.The foregoing representations are subject to(1)an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion,(2)results of subsequent tests and inspections,(3)correction of minor deviations from the Contract Documents prior to completion,and(4)specific qualifications expressed by the Architect. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has(1)made exhaustive or continuous on-site inspections to check the quality or quantity of the Work,(2)reviewed construction means,methods, techniques,sequences or procedures,(3)reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Construction Manager's right to payment,or(4)ascertained how or for what purpose the Construction Manager has used money previously paid on account of the Contract Sum. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.4 Submittals § 3.6.4.1 The Architect shall review the Construction Manager's submittal schedule and shall not unreasonably delay or withhold approval of the schedule.The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or,in the absence of an approved submittal schedule,with reasonable promptness while allowing sufficient time,in the Architect's professional judgment,to permit adequate review. § 3.6.4.2 The Architect shall review and approve,or take other appropriate action upon,the Construction Manager's submittals such as Shop Drawings,Product Data and Samples,but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities,and installation or performance of equipment or systems,which are the Construction Manager's responsibility. The Architect's review shall not constitute approval of safety precautions or construction means,methods,techniques, sequences or procedures.The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 3.6.4.3 If the Contract Documents specifically require the Construction Manager to provide professional design services or certifications by a design professional related to systems,materials,or equipment,the Architect shall specify the appropriate performance and design criteria that such services must satisfy.The Architect shall review and take appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Construction Manager's design professional,provided the submittals bear such professional's seal and signature when submitted to the Architect.The Architect's review shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.The Architect shall be entitled to rely upon,and shall not be responsible for,the adequacy and accuracy of the services,certifications,and approvals performed or provided by such design professionals. Init. AIA Document B133—2019 Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:07 ET on 01/04/2024 under 12 Order No.2114490867 which expires on 11/29/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts corn. User Notes: (2037075809) § 3.6.4.4 The Architect shall review and respond to requests for information about the Contract Documents.The Architect shall set forth,in the Contract Documents,the requirements for requests for information.Requests for information shall include,at a minimum,a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested.The Architect's response to such requests shall be made in writing within any time limits agreed upon,or otherwise with reasonable promptness.If appropriate,the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for information. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Construction Manager in accordance with the requirements of the Contract Documents. § 3.6.5 Changes in the Work § 3.6.5.1 The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time.The Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. § 3.6.5.2 The Architect shall maintain records relative to changes in the Work. § 3.6.6 Project Completion § 3.6.6.1 The Architect shall: .1 conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; .2 issue Certificates of Substantial Completion; .3 forward to the Owner,for the Owner's review and records,written warranties and related documents required by the Contract Documents and received from the Construction Manager;and .4 issue a final Certificate for Payment based upon a final inspection indicating that,to the best of the Architect's knowledge,information,and belief,the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect's inspections shall be conducted with the Owner to(1)check conformance of the Work with the requirements of the Contract Documents and(2)verify the accuracy and completeness of the list submitted by the Construction Manager of Work to be completed or corrected. § 3.6.6.3 When Substantial Completion has been achieved,the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Construction Manager,including the amount to be retained from the Contract Sum, if any,for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Construction Manager:(1) consent of surety or sureties,if any,to reduction in or partial release of retainage or the making of final payment;(2) affidavits,receipts,releases and waivers of liens,or bonds indemnifying the Owner against liens;and(3)any other documentation required of the Construction Manager under the Contract Documents. § 3.6.6.5 Upon request of the Owner,and prior to the expiration of one year from the date of Substantial Completion,the Architect shall,without additional compensation,conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES § 4.1 Supplemental Services § 4.1.1 The services listed below are not included in Basic Services but may be required for the Project.The Architect shall provide the listed Supplemental Services only if specifically designated in the table below as the Architect's responsibility,and the Owner shall compensate the Architect as provided in Section 11.2.Unless otherwise specifically addressed in this Agreement,if neither the Owner nor the Architect is designated,the parties agree that the listed Supplemental Service is not being provided for the Project. (Designate the Architect's Supplemental Services and the Owner's Supplemental Services required for the Project by indicating whether the Architect or Owner shall be responsible for providing the identified Supplemental Service.Insert a description of the Supplemental Services in Section 4.1.2 below or attach the description of services as an exhibit to this Agreement.) Init. AIA Document B133—2019.Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:07 ET on 01/04/2024 under 13 Order No.2114490867 which expires on 11/29/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts.com User Notes: (2037075809) Supplemental Services Responsibility (Architect, Owner, or not provided) NA (Row deleted) § 4.1.2 Description of Supplemental Services § 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Architect's responsibility is provided below. (Describe in detail the Architect's Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit, identify the exhibit. The AIA publishes a number of Standard Form of Architect's Services documents that can be included as an exhibit to describe the Architect's Supplemental Services.) NA § 4.1.2.2 A description of each Supplemental Service identified in Section 4.1.1 as the Owner's responsibility is provided below. (Describe in detail the Owner's Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit, identify the exhibit.) Init. AIA Document B133—2019.Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:07 ET on 01/04/2024 under 14 Order No.2114490867 which expires on 11/29/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts corn. User Notes: (2037075809) NA § 4.1.3 If the Owner identified a Sustainable Objective in Article 1,the Architect shall provide,as a Supplemental Service, the Sustainability Services required in AIA Document E234TM-2019,Sustainable Projects Exhibit,Construction Manager as Constructor Edition,attached to this Agreement.The Owner shall compensate the Architect as provided in Section 11.2. § 4.2 Architect's Additional Services The Architect may provide Additional Services as outlined in this Agreement upon receipt of written approval from the Owner. (Paragraphs deleted) ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement,the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project,including a written program which shall set forth the Owner's objectives;schedule;constraints and criteria,including space requirements and relationships;flexibility;expandability; special equipment;systems;and site requirements. § 5.2 The Owner shall retain a Construction Manager to provide services,duties,and responsibilities as described in the agreement selected in Section 1.1.5. § 5.3 The Owner shall establish the Owner's budget for the Project,including(1)the budget for the Cost of the Work as defined in Section 6.1;(2)the Owner's other costs;and,(3)reasonable contingencies related to all of these costs.The Owner shall update the Owner's budget for the Project as necessary throughout the duration of the Project until final completion.If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work,the Owner shall notify the Architect and Construction Manager.The Owner and the Architect,in consultation with the Construction Manager,shall thereafter agree to a corresponding change in the Project's scope and quality. (Paragraph deleted) § 5.4 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project.The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 5.5 The Owner shall furnish surveys to describe physical characteristics,legal limitations and utility locations for the site of the Project,and a written legal description of the site. § 5.6 The Owner shall coordinate the services of its own consultants(if any)with those services provided by the Architect.The Owner shall require that its consultants(if any)and contractors(if any)maintain insurance,including professional liability insurance,as appropriate to the services or work provided. § 5.7 The Owner shall furnish tests,inspections and reports required by law or the Contract Documents,such as structural, mechanical,and chemical tests,tests for air and water pollution,and tests for hazardous materials. § 5.8 The Owner shall furnish all legal,insurance and accounting services,including auditing services,that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.9 The Owner shall provide prompt written notice to the Architect and Construction Manager if the Owner becomes aware of any fault or defect in the Project,including errors,omissions or inconsistencies in the Architect's Instruments of Service. § 5.10 The Owner shall include the Architect in all communications with the Construction Manager that relate to or affect the Architect's services or professional responsibilities.The Owner shall promptly notify the Architect of the substance of Init. AIA Document B133—2019.Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:07 ET on 01/04/2024 under 15 Order No.2114490867 which expires on 11/29/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts corn. User Notes: (2037075809) any direct communications between the Owner and the Construction Manager otherwise relating to the Project. Communications by and with the Architect's consultants shall be through the Architect. § 5.11 The Owner shall coordinate the Architect's duties and responsibilities set forth in the Agreement between the Owner and the Construction Manager with the Architect's services set forth in this Agreement.The Owner shall provide the Architect a copy of the executed agreement between the Owner and Construction Manager,including the General Conditions of the Contract for Construction. § 5.12 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Construction Manager to provide the Architect access to the Work wherever it is in preparation or progress. § 5.13 Within a reasonable time after receipt of a written request from the Architect,the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate,give notice of,claims. (Paragraphs deleted) ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement,the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect,The Cost of the Work also includes the reasonable value of labor, materials,and equipment,donated to,or otherwise furnished by,the Owner.The Cost of the Work does not include the compensation of the Architect;the compensation of the Construction Manager,the costs of the land,rights-of-way, financing,or contingencies for changes in the Work;or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in the Initial Information,and shall be adjusted throughout the Project as required under Sections 5.3 and 6.4.Evaluations of the Owner's budget for the Cost of the Work represent the Architect's judgment as a design professional. § 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design,bidding or negotiating,price escalation,and market conditions in estimates of the Cost of the Work.The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work the Construction Manager prepares as the Architect progresses with its Basic Services.The Architect shall prepare,as an Additional Service,revisions to the Drawings,Specifications or other documents required due to the Construction Manager's inaccuracies or incompleteness in preparing cost estimates,or due to market conditions the Architect could not reasonably anticipate.The Architect may review the Construction Manager's estimates solely for the Architect's guidance in completion of its services,however, the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review. § 6.3.1 If there is a discrepancy exists between the Construction Manager's cost estimates and the Architect's cost estimates,the Architect and the Construction Manager shall work together to reconcile the cost estimates. § 6.4 If,prior to the conclusion of the Design Development Phase,the Construction Manager's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work,the Architect,in consultation with the Construction Manager, shall make appropriate recommendations to the Owner to adjust the Project's size,quality or budget for the Cost of the Work,and the Owner shall cooperate with the Architect in making such adjustments. § 6.5 If the Construction Manager's estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner's budget for the Cost of the Work,the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Architect and Construction Manager,revise the Project program,scope,or quality as required to reduce the Cost of the Work;or .4 implement any other mutually acceptable alternative. § 6.6 If the Owner chooses to proceed under Section 6.5.3,the Architect,without additional compensation,shall incorporate the revisions in the Construction Documents Phase as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Design Development Phase Services,or the budget as adjusted under Section 6.5.1.The Architect's revisions in the Construction Documents Phase shall be the limit of the Architect's responsibility under this Article 6. Init. AIA Document B133-2019.Copyright©2014,and 2019.All rights reserved The American Institute of Architects,""American Institute of Architects,""AIA,"the AlA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This document was produced at 16:04:07 ET on 01/04/2024 under 16 Order No 2114490867 which expires on 11/29/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts com. User Notes: (2037075809) § 6.7 After incorporation of modifications under Section 6.6,the Architect shall,make any required revisions to the Drawings,Specifications or other documents necessitated by the Construction Manager's subsequent cost estimates,the Guaranteed Maximum Price proposal,or Control Estimate that exceed the Owner's budget for the Cost of the Work,due to changes initiated by the Architect in scope,basic systems,or the kinds and quality of materials,finishes or equipment. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 Unless expressly covered by Section 7.2,the Architect and the Owner warrant that in transmitting Instruments of Service,or any other information,the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. § 7.2 The work product of Architect's services,including results,and all ideas,developments,and inventions which the Architect conceives or reduces to practice during the course of its performance under this Agreement and subsequently reimbursed for by the Owner for such work product shall be the exclusive property of the Owner.This information,and material,and any such inventions shall be deemed the Owner's proprietary information and shall not be disclosed to anyone outside of the Owner or used by the Architect or others without the prior written consent of the Owner. Provided, however,the Architect has the right to reuse such information and material in the normal course of its business and retains all rights in its standard drawing details and specifications,and in all field data,notes and databases. Other than reuse or modification by the Architect,the Owner waives all claims against the Architect resulting from any changes or reuse of such information and material. The Architect will furnish the Owner with electronic data versions of certain drawings or other written documents("Digital Data")compatible with the Owner's software(to the extent possible)unless otherwise agreed upon and/or provided in hard copy form. In the event of any conflict between a hard copy document and the Digital Data,the hard copy document governs. The Digital Data shall be prepared in the current software in use by the Architect and is not warranted to be compatible with other systems or software. Any Digital Data submitted by the Architect to the Owner is submitted for an acceptance period of 60 days("Acceptance Period"). Any defects that the Owner discovers during this period and reports to the Architect will be corrected by the Architect at no extra charge. For corrections of defects reported to the Architect after the Acceptance Period,the Owner shall compensate Architect on an hourly basis at Architect's billing rates set forth at Exhibit A. (Paragraphs deleted) ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to this Agreement,whether in contract,tort,or otherwise,in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law,but in any case not more than 10 years after the date of Substantial Completion of the Work.The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance,the Owner and Architect waive all rights against each other and against the contractors,consultants,agents and employees of the other for damages,except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201-2017,General Conditions of the Contract for Construction,as amended by the Owner.The Owner or the Architect,as appropriate,shall require of the Construction Manager,contractors,consultants,agents and employees of any of them,similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect shall indemnify and hold the Owner and the Owner's officers and employees harmless from and against damages,losses and judgments arising from claims by third parties,including reasonable attorneys' fees and expenses recoverable under applicable law,but only to the extent they are caused by the negligent acts or omissions of the Architect,its employees and its consultants in the performance of professional services under this Agreement.The Architect's obligation to indemnify and hold the Owner and the Owner's officers and employees harmless does not include a duty to defend.The Architect's duty to indemnify the Owner under this Section 8.1.3 shall be limited to the available proceeds of the insurance coverage required by this Agreement. Init. AIA Document B133-2019.Copyright©2014,and 2019.All rights reserved,"The American Institute of Architects,""American Institute of Architects,""AIA,"the AlA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16 04 07 ET on 01/04/2024 under 17 Order No 2114490867 which expires on 11/29/2024,is not for resale,is licensed for one-time use only,and may only be used,n accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts.com User Notes: (2037075809) (Paragraph deleted) § 8.2 Mediation § 8.2.1 Any claim,dispute,or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution.However,the parties may proceed in accordance with applicable law to comply with filing deadlines such as statues of limitations,prior to resolution of the matter by mediation. § 8.2.2 The Owner and Architect shall endeavor to resolve claims,disputes and other matters in question between them by mediation..A request for mediation shall be made in writing,delivered to the other party to this Agreement..The request may be made concurrently with the filing of a complaint but,in such event,mediation shall proceed in advance of binding dispute resolution proceedings,which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. § 8.2.3 The parties shall share the mediator's fee equally.The mediation shall be held in the place where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2,the method of binding dispute resolution shall be the following: (Check the appropriate box.) [ ] Arbitration pursuant to Section 8.3 of this Agreement [ X ] Litigation in a court of competent jurisdiction located in Dakota County Minnesota [ ] Other: (Specify) § 8.3 Arbitration (Paragraphs deleted) ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement,such failure shall be considered substantial nonperformance and cause for suspension of performance of services under this Agreement.If the Architect elects to suspend services,the Architect shall give seven days'written notice to the Owner before suspending services.In the event of a suspension of services,the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services.Before resuming services,the Owner shall pay the Architect all sums due prior to suspension.The Architect's time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project,the Architect shall be compensated for services performed prior to notice of such suspension.When the Project is resumed,the Architect's time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days'written notice. § 9.4 Either party may terminate this Agreement upon not less than thirty(30)days'written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than thirty(30)days'written notice to the Architect for the Owner's convenience and without cause. § 9.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5,or the Architect terminates this Agreement pursuant to Section 9.3,the Owner shall compensate the Architect for services performed prior to termination, Init. AIA Document B133-2019 Copyright©2014,and 2019 All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AlA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:07 ET on 01/04/2024 under 18 Order No.2114490867 which expires on 11/29/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2037075809) Reimbursable Expenses incurred,and costs attributable to termination,including the costs attributable to the Architect's termination of consultant agreements. § 9.7 (Paragraphs deleted) Except as otherwise expressly provided herein,this Agreement shall terminate two years from the date of Final Completion of the Project. § 9.8 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7. (Paragraph deleted) ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located,excluding that jurisdiction's choice of law rules. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2017,General Conditions of the Contract for Construction as amended by the Owner,except as modified in this Agreement.The term"Contractor" as used in A201-2017 shall mean the Construction Manager. § 10.3 The Owner and Architect,respectively,bind themselves,their agents,successors,assigns,and legal representatives to this Agreement.The Architect shall not assign this Agreement without the written consent of the Owner.The Owner may assign this Agreement if the assignee agrees to assume the Owner's rights and obligations under this Agreement, including any payments due to the Architect by the Owner prior to the assignment. § 10.4 If the Owner requests the Architect to execute certificates,the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution.If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender,the Architect shall execute all such consents that are consistent with this Agreement,provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution.The Architect shall not be required to execute certificates or consents that would require knowledge,services,or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with,or a cause of action in favor of,a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement,the Architect shall have no responsibility for the discovery,presence, handling,removal or disposal of,or exposure of persons to,hazardous materials or toxic substances in any form at the Project site. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials.The Architect shall be given reasonable access to the completed Project to make such representations.However,the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary.The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project.This Section 10.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4. § 10.8 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions.If it is determined that any provision of the Agreement violates any law,or is otherwise invalid or unenforceable,then that provision shall be revised to the extent necessary to make that provision legal and enforceable.In such case the Agreement shall be construed,to the fullest extent permitted by law,to give effect to the parties'intentions and purposes in executing the Agreement. (Paragraph deleted) Init. AIA Document B133—2019 Copyright©2014,and 2019.All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AlA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:07 ET on 01/04/2024 under 19 Order No.2114490867 which expires on 11/29/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts.com User Notes: (2037075809) § 10.9 The Architect shall pay any subcontractor/consultant within ten days of the Architect's receipt of payment from Owner for undisputed services provided by the subcontractor/consultant. The Architect shall pay interest of one and one-half(1-1/2%)percent per month or any part of a month to the subcontractor/consultant on any undisputed amount not paid on time pursuant to this provision to the subcontractor/consultant. The minimum monthly interest penalty payment for an unpaid balance of one hundred($100.00) dollars or more shall be ten($10.00)dollars. For an unpaid balance of less than one hundred($100.00)dollars,the Architect shall pay the actual penalty due under this provision to the subcontractor/consultant. A subcontractor/consultant who prevails in a civil action to collect interest penalties from the Architect shall be awarded its costs and disbursements,including attorney's fees,incurred in bringing the action. § 10.10 Pursuant to Minnesota Statutes§13.05,subd. 11,all of the data created,collected,received,stored,used,maintained,or disseminated by the Architect in performing an owner's function under this Agreement is subject to the requirements of the Minnesota Government Data Practices Act,Minnesota Statutes Chapter 13,and the Architect must comply with those requirements as if it were a government entity. § 10.11 As the Architect is not the Owner's employee,the Architect is responsible for paying all required state and federal taxes. In particular,the Owner will not withhold FICA(Social Security)from the Architect's payments;will not make state or federal unemployment insurance contributions on the Architect's behalf;will not withhold state or federal income tax from payment to the Architect;will not make disability insurance contributions on behalf of the Architect;or will not obtain workers'compensation insurance on behalf of the Architect. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3,the Owner shall compensate the Architect as follows: .1 Stipulated Sum (Insert amount) $966,000.00 (Paragraphs deleted) (Table deleted) (Paragraphs deleted) § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants are set forth below. (If applicable, attach an exhibit of hourly billing rates or insert them below.) See attached Exhibit A for hourly rates. § 11.8 Compensation for Reimbursable Expenses § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic, (Paragraphs deleted) and Additional Services and are those types of expenses identified in Exhibit A. Init. AIA Document B133—2019 Copyright 02014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:07 ET on 01/04/2024 under 20 Order No.2114490867 which expires on 11/29/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2037075809) (Paragraphs deleted) § 11.10 Payments to the Architect § 11.10.1 Progress Payments § 11.10.1.1 Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice.Monthly payments shall be based on(1)the percentage of Basic Services completed,(2)Additional Services performed(if any),and(3)Reimbursable Expenses incurred.Payments are due and payable 45 days from the date of the invoice.Invoiced amounts unpaid 60 days after the invoice date shall be determined overdue and shall accrue 1.5%simple interest per month. § 11.10.1.2 The Architect shall provide a schedule of values that allocates the stipulated sum identified in§11.1.1 among the scope of Architects basic services identified in Article 3 herein.The schedule of values will be held by the parties to evaluate the Architect's invoices. (Paragraphs deleted) § 11.10.2The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect,or to offset sums requested by or paid to contractors for the cost of changes in the Work,unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.3 Records of Reimbursable Expenses,expenses pertaining to Additional Services,performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS (Paragraphs deleted) ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations,representations or agreements,either written or oral.This Agreement may be amended only by written instrument signed by both the Owner and Architect. § 13.2 This Agreement is comprised of the following documents identified below: .1 AIA Document B 133TM-2019,Standard Form Agreement Between Owner and Architect,Construction Manager as Constructor Edition (Paragraphs deleted) as amended by Owner. .2 Exhibits: Exhibit"A":Landscape Architect's Standard Hourly Rates&Reimbursable Expenses. (Check the appropriate box for any exhibits incorporated into this Agreement.) (Paragraphs deleted) .4 Other documents: (List other documents, if any,forming part of the Agreement.) This Agreement entered into as of the day and year first written above. OWNER(Signature) ARCHITECT(Signature) Clint Hooppaw,Mayor Terry Minarik,Principal (Printed name and title) (Printed name, title, and license number, if required) Init. AIA Document B133-2019.Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AlA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:07 ET on 01/04/2024 under 21 Order No 2114490867 which expires on 11/29/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com User Notes: (2037075809) OWNER(Signature) Pamela J.Gackstetter,City Clerk (Printed name and title) Init. AIA Document B133-2019 Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16 0.0 i ET on 01/04/2024 under 22 Order No 2114490867 which expires on 11/29/2024,is not for resale,is licensed for one-time use only,and may only be used n a co,dance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2037075809) Additions and Deletions Report for AIA®Document B133® —2019 This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added to the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from the original AIA text Added text is shown underlined.Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document.This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 16:04:07 ET on 01/04/2024. PAGE 1 AGREEMENT made as of the 11th day of January in the year 2024 City of Apple Valley 7100 147th Street W Apple Valley,MN 55124 Telephone Number:952-953-2500 Confluence.Inc. 901 North Third Street Suite 225 612-333-3702 Apple Valley Redwood Park 311 1501h St W.Apple Valley.MN To be determined PAGE 2 § 1.1.1 " :Project Overview: (Insert the Owner's program, identify documentation that establishes the Owner's program, or state the manner in which the program will be developed.) The Project includes professional design services,construction,and implementation of improvements to Redwood Park.The process will involve community engagement.city approvals.council and parks committee meetings and cost estimating.The Architect's project team will include Landscape Architecture,Architecture.Civil Engineering_ Electrical and Mechanical Engineering,Geotechnical Engineering,Structural Engineering and Aquatic Engineering. The Project includes preliminary evaluation and preliminary design(concept design)and the preparation of Schematic Design.Design Development.and Construction Documentation for all park improvements as identified in the approved concept design.The Project may include a new custom inclusive playground with structures,amenities and PIP surfacing.new aquatics facility with pool and park building(including kitchen,restrooms.changerooms.showers. administration space.meeting space.storage.mechanical equipment room.Lifeguard room,solar room),pickleball, tennis.equa volley and basketball courts.baseball field,park shelters.lawns,trails,landscape.hardscape.site Additions and Deletions Report for AIA Document B133—2019.Copyright O 2014,and 2019.All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 1 16:04:07 ET on 01/04/2024 under Order No 2114490867 which expires on 11/2912024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts com. User Notes: (2037075809) furnishing.irrigation.fire feature,fencing,lighting,poser stations,technology(including programmable locks. fiber.and cameras).expanded parking,stairs,walls and coordination with the County on a new pedestrian tunnel. This project is located at 311 I50'h St W.Apple Valley MN 55124. PAGE 3 Sixteen Million.One Hundred Thousand and no/100 Dollars($16.100.000.00)is the total budget for the Project, which includes an estimated Twelve Million Eight Hundred Eighty Thousand and no/100 Dollars($12,880,000.00) for the Cost of the Work defined in section 6.1 plus compensation of the Architect,plus the compensation of the Construction Manager,plus contingencies for changes in the Work,and plus any costs that are the responsibility of the Owner. .1 Design ,phase.if any: January 2024-December 2024 .2 Construction :dates: March 2025-April 2026 May 2026 [ I AIA Document A133-2019,Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price.Price.as amended by Owner. or [ J AIA Document A134-2019,Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee without a Guaranteed Maximum Priee:Price.as amended by Owner. § 1.1.6" ' f rthzvrih belev Intentionally deleted. § 1.1.7 :intentionally deleted. Additions and Deletions Report for AIA Document B133—2019.Copyright©2014,and 2019> All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This draft was produced at 2 16:04:07 ET on 01/04/2024 under Order No.2114490867 which expires on 11/29/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts com User Notes: (2037075809) Eric Carlson 7100 I47th Street W Apple Valley,MN 55124 952-953-2310 Eric.Carl son(?.appleval levmn.Rov PAGE 4 Kayla Hechsel 7100 147'h St W Apple Valley,MN 55124 952-953-2304 Kayla.hechsel(u';appleval levmn.gov .2 Land Surveyor: .3 Geotee#nical Engineer .4 Civil Engineer: • • To be determined. Terry Minarik 901 North Third Street Suite 225 612-333-3702 Mobile Number:952-451-0144 Additions and Deletions Report for AIA Document B133—2019.Copyright©2014,and 2019>.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This draft was produced at 3 16:04:07 ET on 01/04/2024 under Order No.2114490867 which expires on 11/29/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documentse Terms of Service To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2037075809) tminarik(uiithinkcon fluence.com .1Architect: Johnson Laffen Galloway Architects.LTD.d/b/a JLG Architects 710 S 2nd St 8th Floor.Minneapolis.Minnesota.55401 .2 Civil Engineer: EVS Inc. 10025 Valley View RD#140.Eden Prairie,Minnesota.55344 .3 Structural Engineer: Nelson Rudie and Associates 9100 49'h Ave N Minneapolis,Minnesota 55428 :2.4 Mechanical Engineer: Nelson Rudie&Associates,Inc. 9100 49th Ave N Minneapolis.Minnesota 55428 .5 Electrical Engineer: Nelson Rudie&Associates, Inc. 9100 49th Ave N Minneapolis.Minnesota 55428 3 Electrical Engineer:.6 Aquatic Engineer: reengineered inc. 8621 Edmonson Ave NE.Monticello,Minnesota 55362 .7 Geotechnical Engineer(as needed): Braun Intertec Corporation 11001 Hampshire Avenue South.Minneapolis,Minnesota 55438 PAGE 5 § 1 1 19 9 Consul ants r cd. ..der Supplemental Services- § 1 1 14 Other I„itial Information o .which the Agree ment is based• § 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form.The-roafties-will-we-A4A-Doeufnen4-ruiklifig , Additions and Deletions Report for AIA Document B133—2019.Copyright©2014,and 2019> All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 4 16:04:07 ET on 01/04/2024 under Order No.2114490867 which expires on 11/29/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2037075809) § 2.1 The Architect shall provide professional services as set forth in this Agreemeo Agreement and the Construction Documents for the Project.The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement,or shall cause such services to be performed by appropriately licensed design professionals. § 2.3 The Architect shall provide its services in conjunction with the services of a Construction Manager as described in the agreement iden':ficd in Section between the Owner and Construction Manager and Contract Documents for Project.The Architect shall not be responsible for actions taken by the Construction Manager. § 2.6 Insurance.The Architect shall maintain the following insurance until termination of this Agreement.If any of the § 2.6.1 Commercial General Liability with policy limits of not less than one million dollars ($ 1,000,000.00 )for each occurrence and two million dollars ($ 2,000,000.00 )in the aggregate for bodily injury and property damage. § 2.6.2 Automobile Liability covering vehicles owned,and non-owned vehicles used,by the Architect with policy limits of not less than one million dollars ($ 1,000,000.00 )per accident for bodily injury,death of any person,and property damage arising out of the ownership,maintenance and use of those motor vehicles,along with any other statutorily required automobile coverage. § 2.6.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance,provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.6.1 and 2.6.2,and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy.The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers.Umbrella Liability:$3,000.000.00 each occurrence/$3,000.000.00 aggregate. PAGE 6 § 2.6.5 Employers'Liability with policy limits not less than two million dollars ($2,000,000.00 )each accident, two million dollars($2,000,000.00 )each employee,and two million dollars ($2,000,000.00 )policy limit. § 2.6.6 Professional Liability covering negligent acts,errors and omissions in the performance of professional services,with policy limits of not less than($ )per claim and ($ )in the aggregate. five million dollars ($5,000,000.00 )per claim and five million dollars ($ 5.000.000.00 )in the aggregate.The Architect agrees that the deductible within its Professional Liability policy shall not exceed S200.000.00. § 2.6.7 Additional Insured Obligations.To the fullest extent permitted by law,the Architect shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Architect's negligent acts or omissions.The additional insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations.The Architect shall cause the primary and excess or umbrella policies for Commercial General Liability and Automobile Liability and Professional Liability policy to include a statement that such insurance cannot be cancelled until thirty(30)days after the Owner has received written notice of the insured's intention to cancel the insurance. Additions and Deletions Report for AIA Document B133—2019.Copyright©2014,and 2019>All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 5 16:04:07 ET on 01/04/2024 under Order No.2114490867 which expires on 11/29/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2037075809) § 2.6.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section-24:Section 2.6 prior to commencement of Architect's Basic Services hereunder and prior to the expiration of the term dates identified on the certificates for the insurance listed thereon. § 3.1 The Architect's Basic Services consist of those described in this Article 3 and include usual and customary landscape,structural,civil,mechanical,aquatic and electrical engineering services. Services not set forth in this Article 3 are Supplemental or Additional Services. § 3.1.2 The Architect shall coordinate its services and its consultants' services with those services provided by the Owner,the Construction Manager,and the Owner's eels.consultants(if any).The Architect shall be entitled to rely on,and shall not be responsible for,the accuracy,completeness,and timeliness of,services and information furnished by the Owner,the Construction Manager,and the Owner's consultants(if any).The Owner,the Owner's consultants(if any).and Construction Manager shall be entitled to rely on,and shall not be responsible for the accuracy.completeness.and timeliness of the services and information furnished by the Architect and Architect's consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error,omission,or inconsistency in such services or in€ormatien:infonmation furnished by the Owner,the Construction Manager,and the Owner's consultants(if any).The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any error,omission,or inconsistency in such services and information furnished by the Architect or the Architect's consultants. § 3.1.3 As soon as practicable after the date of this Agreement,the Architect shall submit,for the Construction Manager's review and the Owner's review and approval,a schedule for the performance of the Architect's services. The schedule shall include design phase milestone dates,as well as the anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information.The schedule shall include allowances for periods of time required for the Owner's , , selection of a Construction Manager,the Owners review of the schedule,for the performance of the Construction Manager's Preconstruction Phase services,for the performance of ,the Architect's consultants,for the performance of the Owner's consultants(if any),and for approval of submissions by authorities having jurisdiction over the Project.Once ,reviewed by both the Owner and Construction Manager and approved by the Owner after receipt of the Construction Manager's recommendation/comments,time limits established by the schedule shall not,except for reasonable cause,be exceeded by the Architect or Owner.With the Owner's approval,the Architect shall adjust the schedule,if necessary,as the Project proceeds until the commencement of construction. PAGE 7 § 3.2.2 Upon authorization by the Owner, and subject to Section '1.2.1.11.the Architect shall update the Drawings, Specifications,and other documents to incorporate the agreed upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment or Control Estimate. § 3.3.1 The Architect shall review the program,project overview,and other information furnished by the Owner and Construction Manager,and shall review laws,codes,and regulations applicable to the Architect's services. § 3.3.2 The Architect shall prepare a preliminary evaluation of the Owner's program,project overview,schedule, budget for the Cost of the Work,Project site,and other Initial Information,each in terms of the other,to ascertain the requirements of the Project.The Architect shall notify the Owner of(1)any inconsistencies discovered in the information,and(2)other information or consulting services that may be reasonably needed for the Project. § 3.3.2.1 The Architect shall identify needs such as.but not limited to: .1 Development of landscape and hardscape areas in park. .2 Development of buildings.structures and required services for Pool Buildine,restrooms.pergolas. mechanical and storage facilities. Additions and Deletions Report for AIA Document B133—2019.Copyright©2014,and 2019> All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This draft was produced at 6 16:04:07 ET on 01/04/2024 under Order No.2114490867 which expires on 11/29/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com User Notes: (2037075809) .3 Utilities and infrastructure. .4 Technology including video screen.Wi-Fi,fiber.cameras.cable tv and programmable locks and card readers. .5 Plazas.patios,lawns and open space.circulation.and pedestrian access. .6 Develop ideas related to programming outdoor activities. .7 Relationship to existing adjacent development and trails. .8 Site furnishings. .9 Play structures with PIP surfacing, .10 Interactive water play and mechanical infrastructure(if needed). .11 Basketball.Pickleball,Tennis and games courts. .12 Site drainage.stormwater and green infrastructure. .13 Site and building lighting and electrical needs. .14 Site grading and wall structures. .15 Fencing.access.and security. .16 Pollinator and natural areas. .17 Park signage.wavfinding and monument sign with reader board for upcoming events. .18 Irrigation Concepts § 3.3.3 The Architect shall present its preliminary evaluation to the Owner and Construction Manager and shall discuss with the Owner and Construction Manager alternative approaches to design and construction of the Project. This shall include,but not be limited to,a preliminary concept meeting with the Owner's planning.engineering,and inspections staff.The Architect shall reach an understanding with the Owner regarding the requirements of the Project.The Architect and the Owner's staff shall meet in the preliminary evaluation process as needed upon the request of either the Architect or the Owner's staff. § 3.3.4 Based on the Project requirements agreed upon with the Owner,the Architect shall prepare and present,to the Owner and Construction Manager,for the Owner's approval,a-prekniinefy-elesign-at least two preliminary design/concept design options illustrating the scale and relationship of the Project components.The Architect and the Owner's shall meet staff in the preliminary design/concept design process as needed upon the request of either the Architect or the Owner's staff. § 3.3.5 Based on the Owner's approval of the preliminary design,the Architect shall prepare Schematic Design Documents for Construction Manager's review and the Owner's approval.The Schematic Design Documents shall consist of drawings and other documents including a site plan,if appropriate,and preliminary building plans,sections and elevations;and may include some combination of study models,perspective sketches,or digital representations. The plans shall include,but not limited to: .1 Existing Conditions plan. .2 Site Grading and Utility plans. .3 Stormwater Management plan. .4 Site and Landscape plan with certificate of survey as the base. .5 Planting plans. .6 Site and Planting Details as needed. .7. Hardscape clans. .8 Architectural plans and elevations. a. Architectural Plans for restroom pavilion and bandshell. b. Overall Floor Plan(1/4"scale) c. Overall Roof Plan(1/4"scale) d. Colored Exterior Elevations and a total of two(2)3D Concept Renderings to describe the schematic design. .9 Aquatic design for interactive water feature and splash pad for state review. .10 Playground and surfacing, .11 Site Furnishing and amenities. .12 Mechanical,electrical and technology requirements. .13 Proposed materials. .14 Outline Specifications. .15 Site Lighting Photometrics concepts. Additions and Deletions Report for AIA Document B133—2019 Copyright O 2014,and 2019> All rights reserved. The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This draft was produced at 7 16:04:07 ET on 01/04/2024 under Order No 2114490867 which expires on 11/29/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts corn User Notes: (2037075809) § 3.3.5.1 The Architect shall consider sustainable design alternatives,such as material choices and building orientation,together with other considerations based on program and aesthetics,in developing a design that is consistent with the Owner's program,schedule and budget for the Cost of the Work. PAGE 9 § 3.3.6 The Architect shall submit the Schematic Design Documents to the Owner and the Construction Manager.The Architect shall meet with the Construction Manager to review the Schematic Design Documents.The Architect and the Owner's staff shall meet in the Schematic Design Documents process as needed upon the request of either the Architect or the Owner's staff. § 3.4.1 Based on the Owner's approval of the Schematic Design Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Design Development Documents for the Owner and Construction Manager's review and the Owner's approval.The Design Development Documents shall be based upon information provided,and estimates prepared by,the Construction Manager and shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans,sections,elevations,typical construction details,and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural,mechanical and electrical systems,and other appropriate elements.The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. § 3.4.2 A public engagement process will occur during the Design Development Phase,which will include focus group meetings and public online and in person open houses with key stakeholders including.but not limited to the Apple Valley residents.Redwood Park supporters.Play groups and organizations,city council.staff.boards.and commissions. Public engagement will include up to 5 focus groups meetings and 2 to 3 in person open house events. Council and commission presentations will be done as necessary throughout the design process and public input will be made available on the Apple Valley Parks Social Pinpoint website. § 3.4.3 Prior to the conclusion of the Design Development Phase,the Architect shall submit the Design Development Documents to the Owner and the Construction Manager.The Architect shall meet with the Construction Manager to review the Design Development Documents.The Architect and Owner's staff shall meet in the Design Development Phase process as needed upon the request of either the Architect or the Owner's staff.Any Owner directed changes that significantly modify the Project design after the completion of the Design Development Phase.shall be deemed additional services billed at an hourly rate(See exhibit A)or on negotiated sum basis upon the Architect providing written notice to the Owner of any perceived additional services and the Owner's written approval thereof. § 3.4.4 The Architect shall provide the Owner with two design resubmittals as required by the Owner. § 3.4.5 The Architect shall provide the Owner with probable costs opinions through the Construction Documents Phase.Upon receipt of the Construction Manager's information and estimate at the conclusion of the Design Development Phase.the Architect shall take action as required under Sections 6.5 and 6.6 and request the Owner's approval of the Design Development Documents. PAGE 10 § 3.5.1 Based on the Owner's approval of the Design Development Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Construction Documents for the Owner and Construction Manager's review and the Owner's approval.The Construction Documents shall illustrate and describe the further development of the approved Design Development Additions and Deletions Report for AlA Document B133-2019.Copyright 0 2014,and 2019> All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 8 16:04:07 ET on 01/04/2024 under Order No.2114490867 which expires on 11/29/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts corn. User Notes: (2037075809) Documents and shall consist of Plan1Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work. The Plans and Drawings shall include: .1 Site preparation/demolition plan. .2 Layout plan(s). .3 Site grading and drainage plans,including_ a. Final subdivision plan; b. Existing conditions plan: c. Preliminary and final grading/drainage and stormwater pollution prevention plans. d. Preliminary and final utility plan:and e. Stormwater management plan. .4 Building and structures plans.including: a. Full,four(4)part project specifications; b. Building plans; c. Life safety and exiting diagrams; d. Reflected ceiling plans; e. Typical wall sections and key details enlarged; f. Roof plan;and g. Assistance with updating permits. .5 Mechanical.electrical and technology plans. .6 Interactive water feature plans and specifications. .7 Site furnishings&amenities plans. .8 Landscape and hardscape plans. .9 Irrigation performance specifications. .10 Detail drawings.including: a. Construction details describing the materials,spatial relationships.connections.and finished suitable for constructing the Work; b. Specifications:and c. Lighting and photometric plans. § 3.5.3 During the development of the Construction Documents,if requested by the Owner,the Architect shall assist the Owner and Construction Manager in the development and preparation of(1)the Conditions of the Contract for Construction(General,Supplementary and other Conditions)and(2)a project manual that includes the Conditions of the Contract for Construction and Speeifieatiens Specifications and may include sample forms. § 3.5.4 During the development of the Construction Documents,the Architect shall:(a) conduct Building Code review with building officials and State Officials;(b)review all Project site circulation and access with JOP,Inc..a consultant of the Owner.related to ADA issues;(c)prepare documents suitable for review for compliance with applicable governmental requirements and assist the Owner with submission to government agencies:and(d)address timely and applicable review comments received from government agencies and revise Contract Documents for compliance when required. § 3.5.5 Prior to the conclusion of the Construction Documents Phase,the Architect shall submit the Construction Documents to the Owner and the Construction Manager.The Architect shall meet with the Owner and Construction Manager to review the Construction Documents.The Architect and the Owner's shall meet staff in the Construction Documents Phase as needed upon the request of either the Architect or the Owner's staff.Any Owner directed changes that significantly modify the Project design after the completion of the Construction Documents Phase,shall be deemed additional services billed at an hourly rate(See exhibit A)or on negotiated sum basis upon the Architect providing written notice to the Owner of any perceived additional services and the Owner's written approval thereof. Additions and Deletions Report for AIA Document B133—2019.Copyright©2014,and 2019> All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This draft was produced at 9 16:04:07 ET on 01/04/2024 under Order No.2114490867 which expires on 11/29/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts corn User Notes: (2037075809) 4 3.5.6 Upon receipt of the Construction Manager's information and estimate at the conclusion of the Construction Documents Phase,the Architect shall take action as required under Section 6.7,and request the Owner's approval of the Construction Documents. PAGE 11 § 3.6.1.1 The Architect will assist the Owner and Construction Manager with the bidding process and bid review as needed.The Architect shall provide administration of the Contract between the Owner and the Construction Manager as set forth below and in AIA Document A201TM-2017,General Conditions of the Contract for Construction.If the onstruction as amended by the Owner. § 3.6.1.2 Subject to Section 1.2.the The Architect's responsibility to provide Construction Phase Services commences upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal,the Owner's approval of the Construction Manager's Control Estimate,or by a written agreement between the Owner and Construction Manager which sets forth a description of the Work to be performed by the Construction Manager prior to such acceptance or approval. Except as provided in Section 3.6.6.5,the Architect's responsibility to provide Construction Phase Services terminates on the date the Architect issues the final Certificate for Payment. § 3.6.1.3 The Architect shall advise and consult with the Owner and Construction Manager during the Construction Phase Services.The Architect shall attend and participate in pre-construction meeting(s)and weekly coordination meetings.The Architect shall meet with the Owner,Construction Manager and contractors as needed.The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement.The Architect shall not have control over,charge of,or responsibility for the construction means,methods,techniques,sequences or procedures,or for safety precautions and programs in connection with the Work,nor shall the Architect be responsible for the Construction Manager's failure to perform the Work in accordance with the requirements of the Contract Documents.The Architect shall be responsible for the Architect's negligent acts or omissions,but shall not have control over or charge of,and shall not be responsible for,acts or omissions of the Construction Manager or of any other persons or entities performing portions of the Work. § 3.6,2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, in Section 4.2.3,to become generally familiar with the progress and quality of the portion of the Work completed,and to determine,in general,if the Work observed is being performed in a manner indicating that the Work,when fully completed,will be in accordance with the Contract Documents.However,the The Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.The Architect shall visit the site for the purpose of conducting inspections related to the generation of a punchlist(s),substantial completion,final completion and warranty inspections.On the basis of the site visits,the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed,and promptly report to the Owner(1)known deviations from the Contract Documents,(2)known deviations from the most recent construction schedule submitted by the Construction Manager,and(3)defects and deficiencies observed in the Work. PAGE 12 PAGE 13 § 3.6.4.4 ' The Architect shall review and respond to requests for information about the Contract Documents.The Architect shall set forth,in the Contract Documents,the requirements for requests for information.Requests for information shall include,at a minimum,a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested.The Architect's response to such requests shall be made in writing within any time limits agreed upon,or otherwise with Additions and Deletions Report for AIA Document B133—2019.Copyright O 2014,and 2019> All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This draft was produced at 10 16:04:07 ET on 01/04/2024 under Order No 2114490867 which expires on 11/29/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail dodnfo@aiacontracts corn User Notes: (2037075809) reasonable promptness.If appropriate,the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for information. § 3.6.5.1 The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time.Subject-to Section 4.2,the The Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. PAGE 14 NA -4.1.1.2 Programming § 4.1.1.5 Existing facilities surveys construction use § 4.1.1.9 Civil engineer4n § 4.1.1.11 Architectural interior design § 4.1.1.12 Value analysis § 4.1.1.13 Cost estimating §- 1 1 1A On ite _ epresentation § AMC A s designed r ord drawings § 4.1.1.19 Facility support services §-4.1.1.20 "Tenant related services § A 1 1 22 Teieco„,mu. ations/data defrig; it g § 4.1.1.24 Commissioning §4.1.1...225 nable-Project Services pursuant to Section 4.1.3 § A 1 1 28 Other ser.ices NA PAGE 15 NA Additions and Deletions Report for AIA Document B133—2019 Copyright©2014,and 2019>.All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 11 16:04:07 ET on 01/04/2024 under Order No.2114490867 which expires on 11/29/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts corn. User Notes: (2037075809) The Architect may provide Additional Services _ . e . Architect's schedule.as outlined in this Agreement upon receipt of written approval from the Owner. § 4.2.1 Upon reco '_ ,he need ..hall n c where such excess is due to i ha„ a igated b the A rchitec, .i ie of basic r .3 Seri . V.4 Ch atiens prepared-in-aceoFdanee witI,the a plicable nd„rd.fear.. .5 Services necessitated b, theeisi -of'the Ow r C M. ends ed 1. contractors; .7 Pret..rat+knrtta 4 -i-e„d•-doe• .te+ ' r Construction Manager• .bl: n,.. r-he afingi ceding er Ie.al pr os;eding pt where the A r,hit the Fetei- •41 Assistance he Initi I r� h A r ` .c c .t��i.rca cc t'o'ttr r roar eEIS1E3n ti'�aiief,Ifet�ief-that?�13e-rxrElfilteEt; .12 Services necessitated by replae er,h Construction Manager or a of•the Construction 44—t%olali-ing-Fek4f,ion•s-to4be-13fawi-ngs7Frpeeifieetions,--and-other--doetimen-ts-Fes.u4-tint-from-agreed-upon Estimate;and t for-tbe-sepi-iees-provided-pfier-to4he-A-rehiteet•Ls-reeeipt-ef-the-Owiler-ls-netieei by the Architect; erdance b Additions and Deletions Report for AIA Document B133-2019.Copyright O 2014,and 2019> All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 12 16:04:07 ET on 01/04/2024 under Order No.2114490867 which expires on 11/29/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2037075809) or documentation; Service; Construction Manager .2 ( )s isits to the site by the Architect during construction - . ._ pletion-of ase Services. arries ..ith; a re ee § 5.5 The Owner shall furnish surveys to describe physical characteristics,legal limitations and utility locations for the site of the Project,and a written legal description of the site.The nd legal info _hal l i ncludo eet .,. - .benchma § 5.6 The Owner shall f " ofgeo echn`cal hick .. nelude test burin ienocoordinate the services of its own consultants(if any)with those services provided by the Architect.The Owner shall require that its consultants(if any)and contractors(if any)maintain insurance.includine professional liability insurance.as appropriate to the services or work provided. Additions and Deletions Report for AIA Document B133—2019.Copyright©2014,and 2019>.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 13 16:04:07 ET on 01/04/2024 under Order No 2114490867 which expires on 11/29/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2037075809) § 5.7 The Owner shall ' 4-k4,furnish tests.inspections and reports required by law or the Contract Documents,such as structural,mechanical. and chemical tests,tests for air and water pollution,and tests for hazardous materials. § 5.8 te-this-ftfeement.The Owner shall furnish all legal,insurance and accounting services,including auditing services. that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.9 The Owner shall provide prompt written notice to the Architect and Construction Manager if the Owner becomes aware of any fault or defect in the Project.including errors.omissions or inconsistencies in the Architect's Instruments of Service. § 5.10 The Owner shall , include the Architect in all communications with the Construction Manager that relate to or affect the Architect's services or professional responsibilities.The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Construction Manager otherwise relating to the Project.Communications by and with the Architect's consultants shall be through the Architect. § 5.11 The Owner shall ,' , feasoftalatif coordinate the Architect's duties and responsibilities set forth in the Agreement between the Owner and the Construction Manager with the Architect's services set forth in this Agreement.The Owner shall provide the Architect a copy of the executed agreement between the Owner and Construction Manager,including the General Conditions of the Contract for Construction. § 5.12 The Owner shall provide Instruments of Service.the Architect access to the Project site prior to commencement of the Work and shall obligate the Construction Manager to provide the Architect access to the Work wherever it is in preparation or progress. § 5.13 Within a reasonable time after receipt of a written request from the Architect,the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate,give notice of._claims. progress. Additions and Deletions Report for AIA Document B133—2019.Copyright©2014,and 2019>.All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This draft was produced at 14 16:04:07 ET on 01/04/2024 under Order No 2114490867 which expires on 11/29/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com User Notes: (2037075809) § 6.1 For purposes of this Agreement,the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the ! .Architect,The Cost of the Work also includes the reasonable value of labor, materials,and equipment,donated to,or otherwise furnished by,the Owner.The Cost of the Work does not include the compensation of the Architect;the compensation of the Construction n Phase services; Manager,the costs of the land,rights-of-way,financing,or contingencies for changes in the Work;or other costs that are the responsibility of the Owner. PAGE 16 § 6.3.1 If there is a discrepancy exists between the Construction Manager's cost estimates and the Architect's cost estimates,the Architect and the Construction Manager shall work together to reconcile the cost estimates. PAGE 17 § 6.7 After incorporation of modifications under Section 6.6,the Architect shall,es Additional Service,make any required revisions to the Drawings,Specifications or other documents necessitated by the Construction Manager's subsequent cost estimates,the Guaranteed Maximum Price proposal,or Control Estimate that exceed the Owner's budget for the Cost of the Work,except when the excess is due to changes initiated by the Architect in scope,basic systems,or the kinds and quality of materials,finishes or equipment. § 7.1 The-Unless expressly covered by Section 7.2.the Architect and the Owner warrant that in transmitting Instruments of Service,or any other information,the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. § 7.2 The work product of Architect's services. including results.and all ideas.developments,and inventions which the Architect conceives or reduces to practice during the course of its performance under this Agreement and subsequently reimbursed for by the Owner for such work product shall be the exclusive property of the Owner.This information,and material,and any such inventions shall be deemed the Owner's proprietary information and shall not be disclosed to anyone outside of the Owner or used by the Architect or others without the prior written consent of the Owner. Provided,however.the Architect has the right to reuse such information and material in the normal course of its business and retains all rights in its standard drawing details and specifications.and in all field data.notes and databases. Other than reuse or modification by the Architect,the Owner waives all claims against the Architect resulting from any changes or reuse of such information and material. The Architect will furnish the Owner with electronic data versions of certain drawings or other written documents("Digital Data")compatible with the Owner's software(to the extent possible)unless otherwise agreed upon and/or provided in hard copy form. In the event of any conflict between a hard copy document and the Digital Data,the hard copy document governs. The Digital Data shall be prepared in the current software in use by the Architect and is not warranted to be compatible with other systems or software. Any Digital Data submitted by the Architect to the Owner is submitted for an acceptance period of 60 days("Acceptance Period"). Any defects that the Owner discovers during this period and reports to the Architect will be corrected by the Architect at no extra charge. For corrections of defects reported to the Architect after the Acceptance Period,the Owner shall compensate Architect on an hourly basis at Architect's billing rates set forth at Exhibit A. , Additions and Deletions Report for AIA Document B133—2019 Copyright©2014,and 2019>All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This draft was produced at 15 16:04:07 ET on 01/04/2024 under Order No.2114490867 which expires on 11/29/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents"Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts com User Notes: (2037075809) sepoafate-eentfaE thisn„ nt P meter Sec on 9_9_ §--7. consultants. § . Agreement. § 8.1.2 To the extent damages are covered by property insurance,the Owner and Architect waive all rights against each other and against the contractors,consultants,agents and employees of the other for damages,except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201-2017,General Conditions of the Contract for Cocvrast-ruction--Construction.as amended by the( oner.The Owner or the Architect,as appropriate, shall require of the Construction Manager,contractors,consultants,agents and employees of any of them,similar waivers in favor of the other parties enumerated herein. PAGE 18 § 8.2.1 Any claim,dispute,or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. rrsuch matt relate.. to the s .bjeet..ra lien However.the parties may proceed in accordance with applicable law to comply with the lien notice or fling deadlines filing deadlines such as statues of limitations.prior to resolution of the matter by .mediation. § 8.2.2 The Owner and Architect shall endeavor to resolve claims,disputes and other matters in question between them by Arbitrat' Agreement. mediation..A request for mediation shall be made in writing,delivered to the other party to this . c Agreement..The request may be made concurrently with the filing of a complaint or other apprc but,in such event,mediation shall proceed in advance of binding dispute resolution proceedings,which shall be stayed pending mediation for a period of 60 days from the date of filing,unless stayed for a longer period by agreement of the parties Additions and Deletions Report for AIA Document B133—2019 Copyright©2014,and 2019> All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 16 16:04:07 ET on 01/04/2024 under Order No.2114490867 which expires on 11/29/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts corn. User Notes: (2037075809) or court order.' § 8.2.3 The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the place where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. [ Litigation in a court of competent jurisdiction located in Dakota County Minnesota jurisdiction. hall 1.,.... de delivered t,the other p to this Ag nd filed ith the ad.,, ste _tho rbitration. if9Rs y '"' ha ng ' sdictio`n thereof. y § 8.3.4.1 E#13rr §--8. . . A rchite rider thi Ate. ent_ Additions and Deletions Report for AIA Document B133—2019.Copyright©2014,and 2019> All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 17 16:04:07 ET on 01/04/2024 under Order No.2114490867 which expires on 11/29/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts com. User Notes: (2037075809) § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement,such failure shall be considered substantial nonperformance and cause for suspension of performance of services under this Agreement.If the Architect elects to suspend services,the Architect shall give seven days'written notice to the Owner before suspending services.In the event of a suspension of services,the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services.Before resuming services,the Owner shall pay the Architect all sums due prior to suspension and any suspension.The Architect's time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project,the Architect shall be compensated for services performed prior to notice of such suspension.When the Project is resumed,the Architect's time schedules shall be equitably adjusted. § 9.4 Either party may terminate this Agreement upon not less than seven thirty(30)days'written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than ccvcn thirty(30)days'written notice to the Architect for the Owner's convenience and without cause. PAGE 19 § 9.7 licensing fcc.) .1 Termination Fcc: Except as otherwise expressly provided herein,this Agreement shall terminate two years from the date of Final Completion of the Project. § 9.8 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7. § 10.1 This Agreement shall be governed by the law of the place where the Project is located,excluding that jurisdiction's choice of law rules. , § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2017,General Conditions of the Contract for Constreetion.Construction as amended by the Owner,except as modified in this Agreement.The term"Contractor"as used in A201-2017 shall mean the Construction Manager. Additions and Deletions Report for AIA Document B133—2019.Copyright©2014,and 2019>.All rights reserved The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 18 16:04:07 ET on 01/04/2024 under Order No.2114490867 which expires on 11/29/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2037075809) § 10.3 The Owner and Architect,respectively,bind themselves,their agents,successors,assigns,and legal representatives to this Agreement.Neither the Owner nor the Architect shall The Architect shall not assign this Agreement without the written consent of the .. . . Owner.The Owner may assign this Agreement if the assignee agrees to assume the Owner's rights and obligations under this Agreement,including any payments due to the Architect by the Owner prior to the assignment. § 10.8 l'he invalidity of any provision of the Agreement shall not invalidate the Agreement or its remainingprovisions.If it is determined that any provision of the Agreement violates any law.or is otherwise invalid or unenforceable.then that provision shall be revised to the extent necessan to make that provision legal and enforceable. In such case the Agreement shall be construed.to the fullest extent permitted by law.togive effect to the parties' intentions and purposes in executing the Agreement. tote § 10.9 The i Agreement shall be construed,to the fullest extent permitted by law.to give effect to the p trues int•Mien: are' ng the ^greem,Tt-Architect shall pay any subcontractor/consultant within ten days of the Architect's receipt of payment from Owner for undisputed services provided by the subcontractor/consultant. The Architect shall pay interest of one and one-half j1_1/2%)percent per month or any part of a month to the subcontractor/consultant on any undisputed amount not paid on time pursuant to this provision to the subcontractor/consultant. The minimum monthly interest penalty payment for an unpaid balance of one hundred($100.00)dollars or more shall be ten($10.00)dollars. For an unpaid balance of less than one hundred (S100.00)dollars,the Architect shall pay the actual penalty due under this provision to the subcontractor/consultant. A subcontractoriconsultant who prevails in a civil action to collect interest penalties from the Architect shall be awarded its costs and disbursements.including attorney's fees.incurred in bringing the action. § 10.10 Pursuant to Minnesota Statutes§13.05.subd. 11,all of the data created.collected,received.stored,used,maintained,or disseminated by the Architect in performing an owner's function under this Agreement is subject to the requirements of the Minnesota Government Data Practices Act,Minnesota Statutes Chapter 13.and the Architect must comply with those requirements as if it were a government entity. § 10.11 As the Architect is not the Owner's employee,the Architect is responsible for paying all required state and federal taxes. In particular.the Owner will not withhold FICA(Social Security)from the Architect's payments:will not make state or federal unemployment insurance contributions on the Architect's behalf:will not withhold state or federal income tax from payment to the Architect;will not make disability insurance contributions on behalf of the Architect:or will not obtain workers'compensation insurance on behalf of the Architect. PAGE 20 S966.000.00 Additions and Deletions Report for AIA Document B133—2019 Copyright©2014,and 2019>.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This draft was produced at 19 16:04:07 ET on 01/04/2024 under Order No.2114490867 which expires on 11/29/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts corn User Notes: (2037075809) .2 Percentage Basis {Insert percentage value) .3 Other r-the,4-rekiteet-Is-Stipplemen+al-SeR4c-es-desigftated-i-n-SeetiefF1-fer--aily-Suslaiees f-InsEFt-amount . _.the • Services.) Schematic ram, Phase pereent—E %) Design Development Phase pereent—( %) percent( %) Construction Phase percent{ %) one-hundred percent-4 09 %) Additions and Deletions Report for AIA Document B133-2019.Copyright 02014,and 2019> All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This draft was produced at 20 16:04:07 ET on 01/04/2024 under Order No.2114490867 which expires on 11/29/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts corn. User Notes: (2037075809) § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants are set forth below.The See attached Exhibit A for hourly rates. Employee-Or-Category 0) § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic, follows: and extrancts; .6 Expense of overtime work requiring higher than regular rates.it authorized: advance by the Owner: ested by the Own ed for the Project; consultants; .10 Site office expenses; .11 Registration fees . . ieve the Susta able Ob:ective;,nd Other similar Protect related expenditures-and Additional Services and are those types of expenses identified in Exhibit A. • A-rchitect's consultant: cent' °�)of the e e .red. limits the Arc ffed-hy—the • 9 § 11.10.1 Initial Payments § 11.10.1 Progress Payments § 11.10.1.1 An initial-pay. t (a )shall be made t•thi n„ e t and is the t tree Unless otherwise agreed. paN ments for services shall be made monthl in proportion to services performed.Payments are due and payable upon presentation of the Architect's invoice. Monthly payments shall be based on(l)the percentage of Basic Services completed.(2)Additional Services performed(ifany).and(3)Reimbursable Expenses incurred. Payments are due and payable 45 days from the date of the invoice. Invoiced amounts unpaid 60 days after the invoice date shall be determined overdue and shall accrue 1.5%simple interest per month. Additions and Deletions Report for AIA Document B133—2019.Copyright©2014,and 2019> All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 21 16:04:07 ET on 01/04/2024 under Order No.2114490867 which expires on 11/29/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts.com User Notes: (2037075809) § 11.10.1.2 .The Architect shall provide a schedule of values that allocates the stipulated sum identified in§ 11.1.1 among the scope of Architect's basic services identified in Article 3 herein.The schedule of values will be held by the parties to evaluate the Architect's invoices. PAGE 21 § 11.18. -*day5 § 11.10.2The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect.or to offset sums requested by orpaid to contractors for the cost of changes in the Work. unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.3 Records of Reimbursable Expenses.expenses pertaining to Additional Services.performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ems: .1 AIA Document B 133Tm-2019,Standard Form Agreement Between Owner and Architect,Construction Manager as Constructor Edition as amended b_yOwner. .2 Exhibits: Exhibit"A": Landscape Architect's Standard Hourly Rates&Reimbursable Expenses. .3 Exhibits: (Check the appropriate box for any exhibits incorporated into this Agreement.) ( J AIA Document E23•IT" 2019.Sustainable Projects Exhibit,Construction Manager as Additions and Deletions Report for AIA Document B133—2019 Copyright 02014,and 2019>.All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 22 16:04:07 ET on 01/04/2024 under Order No.2114490867 which expires on 11/29/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2037075809) t---1--AtheF-E-xhibits-ineeiTefated-ime-this-Agfeementi Clint I Iooppa‘v. Mayor _Terry Minarik.Princinal OWNER(Signature) Pamela J.Gackstetter.City Clerk IPrinted name and title) Additions and Deletions Report for AIA Document B133—2019 Copyright©2014,and 2019>.All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 23 16:04:07 ET on 01/04/2024 under Order No.2114490867 which expires on 11/29/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2037075809) Certification of Documents Authenticity AIA®Document D401 TM —2003 I,Terry Minarik,hereby certify,to the best of my knowledge,information and belief,that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 16:04:07 ET on 01/04/2024 under Order No.2114490867 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA®Document B 133TM—2019,Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition,other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D401—2003.Copyright©1992 and 2003.All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:07 ET on 01/04/2024 under Order No.2114490867 which expires on 11/29/2024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (2037075809) • ITEM: 4.V. ••••• • ••• COUNCIL MEETING DATE: January 11, 2024 Apple Valley SECTION: Consent Agenda Description: Approve Professional Services Agreement with Confluence, Inc., for Design and Development of Kelley Park Associated with 2023 Parks Bond Referendum Staff Contact: Department/ Division: Eric Carlson, Parks & Recreation Director Parks and Recreation Department ACTION REQUESTED: Approve Professional Services agreement with Confluence, Inc., for design and development of Kelley Park associated with the 2023 Parks Bond Referendum, in the amount of$516,000 plus reimbursable expenses. SUMMARY: Staff is seeking authorization to enter into an Agreement with Confluence, Inc., to lead the planning and design of the proposed improvements to Kelley Park associated with the 2023 Parks Referendum. Proposed improvements include: • New outdoor performance stage • New playground and interactive splash pad • Additional restroom facilities and shelters • Additional on-site parking • Landscaping and public art • Explore options for energy efficiency (such as solar) We anticipate the following tentative schedule: 1. Design and public engagement - Late Summer 2024 through Spring 2025 2. Phased construction- Spring 2025 through Summer 2026 3. Grand re-opening - Summer 2026 We anticipate working closely with the Apple Valley Arts Foundation and the surrounding multi-family housing buildings along with the entire community as we develop plans for Kelley Park. Please note that this proposal was reviewed by the Parks and Recreation Advisory Committee at their December 7, 2023, meeting, and the Committee is recommending approval. A standard AIA contract will be used for this Agreement, which has been review and approved by the City Attorney's office and is attached for reference. BACKGROUND: For the last several years, the City of Apple Valley has worked with the community to determine the future needs and desires residents have for parks and recreation services. On Tuesday, November 7, Apple Valley voters approved two separate questions in a special election, authorizing a total of $73.25 million to invest in parks, trails, natural resources, Kelley Park, Redwood Park, Hayes Arena, the Apple Valley Family Aquatic Center, the Apple Valley Community Center and Senior Center, a youth baseball/softball complex at Hayes Park, and a community pool at Redwood Park. It will take four to six years to implement the improvements approved by voters. As we develop projects, we will involve residents in the planning process. Information on plans and construction progress will be provided on our website so residents can see what work is planned for each location and how the referendum dollars are being spent. Staff is currently working on the selection of a Construction Manager. We anticipate hiring the same firm to manage the construction of Kelley Park, Redwood Park, AVFAC, AVCC/AVSC, and the youth baseball/softball complex at Hayes Park. Staff is still determining the best method for delivering the hundreds of smaller projects proposed in the referendum. BUDGET IMPACT: Funding for this Agreement comes from the successful 2023 Parks Bond Referendum. The project budget for Kelley Park is $8,600,000. ATTACHMENTS: Proposal Agreement con FLlUEf10E January 2, 2024 City of Apple Valley Attention: Eric Carlson, Parks and Recreation Director Apple Valley Parks & Recreation Department 14603 Hayes Road Apple Valley, MN 55124 RE: An Agreement for Provision of Professional Services Apple Valley Kelley Park Eric: We are pleased to submit this professional services agreement for Schematic Design, Design Development through Construction Documentation and Construction Administration Design Services as provided herein between the City of Apple Valley(Client)and Confluence(Consultant), project lead. We are looking forward to working on your project! Project The Project for the City of Apple Valley includes professional design services, construction, and implementation of improvements to Kelley Park as part of a successful Parks Bond Referendum. The process will involve community engagement, city approvals, council and parks committee meetings, and cost estimating.The project team will include Landscape Architecture,Architecture, Civil Engineering, Electrical Engineering, Geotechnical Engineering, Structural Engineering, and Mechanical and Aquatic Engineering as needed. Article 1: Design Services Project: Kelley Park Improvements Professional Services for Kelley Park • Schematic Design, Design Development and Construction Documentation for all park improvements as identified in the approved concept design with a project budget of$8,600,000. This will include a new performance area with stage and bandshell (including greenroom, sound system, storage space and video screen), new expanded playground structures and equipment with PIP surfacing, new expanded interactive splashpad, park building with storage and restrooms,food truck area with power and parking, basketball court, shelters, lawns,trails, landscape, hardscape, site furnishing, irrigation, lighting, power stations, Technology(including programmable locks,Wi-Fi,fiber, cameras and cable tv), expanded parking, stairs,walls and public art. • Cost estimating for the improvements. • Bidding and construction administration services. Including construction meetings, review shop drawings, process payment applications and process of field administration items. thinkconfluence.com • Preparation of a punch-list and assist with closing out the project. • Prepare final as-builts based on the general contractors marked up field drawings. Professional Team Confluence- landscape architecture,JLG - architecture, Nelson-Rudie and Associates -structural and MEP engineering, EVS - civil engineering, Re-engineered -Aquatics, and Braun - Geotechnical as needed. Construction Timeline and Schedule • Design and Public Engagement for Kelley Park will begin in Spring of 2024 • Approvals and Bidding of Kelley Park will be completed in March of 2025 • Construction of Kelley Park will begin in April of 2025 and conclude in the summer of 2026. 1 Part One: Schematic Design - City Approval and Review 1.1 Schematic Design Services to be provided under this agreement include Landscape Architecture,Architecture, Civil Engineering, Mechanical and Electrical Engineering and Aquatic Engineering and scope refinement as needed from the preferred concept design. 1.2 Based on the Concept Design Development phase submission approved by the City, the Consultant shall prepare Schematic Design Documents suitable for City of Apple Valley Planned Approvals. Develop as required by City of Apple Valley Site Plan, entitlement, and approval submittal requirements. 1.3 Identify,with the Client, needs such as, but not limited to: 1.3.1 Development of landscape and hardscape areas in park. 1.3.2 Development of buildings, structures and required services for bandshell and stage, restrooms, pergolas, mechanical and storage facilities. 1.3.3 Utilities and Infrastructure. 1.3.4 Technology includes video screen, Wi-Fi, fiber, cameras, cable tv and programmable locks and card readers. 1.3.5 Plazas, patios, lawns and open space, circulation, and pedestrian access. 1.3.6 Develop ideas related to programming outdoor activities. 1.3.7 Relationship to existing adjacent development and trails. 1.3.8 Site furnishings 1.3.9 Play structures with PIP surfacing. 1.3.10 Interactive water features and mechanical infrastructure. 1.3.11 Basketball court. 1.3.12 Stormwater and green infrastructure. 1.3.13 Site and building lighting and electrical needs. 1.3.14 Site grading and wall structures. 1.3.15 Fencing, access, and security. 1.3.16 Pollinator and natural areas. 1.3.17 Park signage and monument sign with reader board for upcoming events APPLE VALLEY KELLEY PARK IMPLEMENTATION/23485 Page 2 of 12 thinkconfluence.com 1.4 The Public Engagement process will include focus group meetings and public online and in person open houses with key stakeholders including but not limited to the Apple Valley Arts Foundation, residents, city council, staff, boards, and commissions. Public engagement will include up to 5 focus group meetings and 2-3 in person open house events. Council and commission presentations will be done as necessary throughout the process. Information throughout the design process and public input will also be available on the Apple Valley Parks Social Pinpoint website. 1.5 Develop plans for approvals and SD level costing, needs such as, but not limited to: 1.5.1 Existing Conditions plan 1.5.2 Site Grading and Utility plans 1.5.3 Stormwater Management plan 1.5.4 Site and Landscape plan with certificate of survey as the base 1.5.5 Planting Plans 1.5.6 Site and Planting Details as needed. 1.5.7 Hardscape Plans 1.5.8 Architectural plans and elevations 1.5.8.1 Architectural Plans for restroom pavilion and bandshell 1.5.8.1 Overall Floor Plan (1/4"scale) 1.5.8.1 Overall Roof Plan (1/4"scale) 1.5.8.1 Colored Exterior Elevations and a total of two (2)3D Concept Renderings to describe the schematic design. 1.5.8.1 Representative Building Sections to describe the overall project construction approach. 1.5.8.1 Schematic Level Revit Models 1.5.9 Aquatic design for interactive water feature and splash pad for state review 1.5.10 Playground and surfacing 1.5.11 Site Furnishings and amenities 1.5.12 Mechanical, electrical and technology requirements 1.5.13 Proposed materials 1.5.14 Outline Specifications 1.5.15 Site Lighting Photometrics concepts 1.6 The final product shall be graphic illustrations, drawings and renderings necessary to communicate the Schematic Site Design for costing and the city and state approval process needed. 1.7 Existing Utility Coordination will be coordinated with the City and State on all site development and its relationship to current site utilities and access. 1.4 Meetings and coordination with the City, Staff, Construction Manager(CM), Consultant Team, and their representatives, as needed. 1.5 The Consultant Team Coordination: We will coordinate internally with all disciplines throughout the design and implementation process. 1.6 Consultant will provide the Client with probable cost opinions. APPLE VALLEY KELLEY PARK IMPLEMENTATION/23485 Page 3 of 12 thinkconfluence.com 1.7 These documents shall be reviewed by the Client,with any comments and minor revisions occurring in this phase.Any City directed changes that significantly modify approved direction from the design,this would be deemed extra services and billed on an hourly basis. Consultant will identify any perceived extra services prior to proceeding with work. 1.8 Provide up to two design resubmittals as required by City Approvals 2 Part Two: Design Development 2.1 Design Development Services to be provided under this agreement include Landscape Architecture,Architecture, Civil Engineering, Mechanical and Electrical Engineering and Aquatic Engineering and are detailed below. 2.2 Based on the Schematic Design phase submission approved by the Client,the Consultant shall prepare Design Development Documents suitable for bidding or contract negotiations and for construction of the Project. Develop as required by City of Apple Valley needs such as, but not limited to: 2.2.1 Construction plans and documents including: 2.2.1.1 Site preparation/demolition plan 2.2.1.2 Layout plan(s) 2.2.1.3 Site Grading and drainage plans 2.1.1.3.1 Final Subdivision Plan 2.1.1.3.2 Existing Conditions Plan 2.1.1.3.3 Preliminary and Final Grading/Drainage and Stormwater Pollution Prevention Plans 2.1.1.3.4 Preliminary and Final Utility Plan 2.1.1.3.5 Stormwater Management Plan 2.2.2.4 Building and structures plans 2.1.1.4.1 Full,four(4) part project specifications 2.1.1.4.2 Building Plans 2.1.1.4.3 Life Safety and Exiting Diagrams 2.1.1.4.4 Reflected Ceiling Plans 2.1.1.4.5 Typical Wall Type Details 2.1.1.4.6 Exterior Building Elevations 2.1.1.4.7 Typical Wall Sections and Key Details Enlarged 3.2.2.4.8 Roof Plan 3.2.2.4.9 Assistance with updating permits. 2.1.1.5 Mechanical Electrical and Technology Plans 2.1.1.6 Interactive Water Feature Plans 2.1.1.7 Site Furnishings &amenities plans 2.1.1.8 Landscape and Hardscape plans 2.1.1.9 Detail Drawings 2.1.1.10.1 Prepare construction details to describe the materials, spatial relationships, connections, and finished suitable for constructing the proposed improvements. APPLE VALLEY KELLEY PARK IMPLEMENTATION/23485 Page 4 of 12 thinkconfluence.com 2.1.1.10 Specifications 2.1.1.11.1 Prepare specifications for the proposed improvements. 2.1.1.12 Lighting and Photometric plans 2.2.3 Conduct Code review with building officials and State officials. 2.2.3 Review all site circulation and access with JQP Inc., a subconsultant of the city of Apple Valley as related to ADA issues. 2.2.3 Update opinion of probable costs of the proposed improvements. 2.2.3 Prepare documents suitable for review for compliance with applicable governmental requirements and assist the Client in the submission to governmental agencies. 2.2.3 Address timely and applicable review comments received from agencies and revise Design Development Documents for compliance when required. 2.2.3 Submit one electronic pdf set of the Design Development Documents. Printed copies will be Reimbursable Expense. 2.2.3 Meetings and coordination with Client, CM, Consultant and Sub Consultants throughout process. 2.3 These documents shall be reviewed by the Client,with any comments and minor revisions occurring in this phase. Any Client or CM directed changes that significantly modify the approved direction from site plan submittal will be deemed extra services and billed on an hourly basis. The Consultant will identify any perceived extra services prior to proceeding with work, whenever possible. 3 Part Three: Construction Documents 3.1 Construction Document Services to be provided under this agreement include Landscape Architecture,Architecture, Civil Engineering, Mechanical and Electrical Engineering and Aquatic Engineering and are detailed below. 3.2 Based on the Schematic Design Development phase submission approved by the Client, the Consultant shall prepare Construction Documents suitable for bidding or contract negotiations and for construction of the Project. Develop as required by City of Apple Valley needs such as, but not limited to: 2.2.2 Construction plans and documents including: 2.2.2.1 Site preparation/demolition plan 2.2.2.2 Layout plan(s) 2.2.2.3 Site Grading and drainage plans 3.1.1.3.1 Final Subdivision Plan 3.1.1.3.2 Existing Conditions Plan APPLE VALLEY KELLEY PARK IMPLEMENTATION/23485 Page 5 of 12 thinkconfluence.com 3.1.1.3.3 Preliminary and Final Grading/Drainage and Stormwater Pollution Prevention Plans 3.1.1.3.4 Preliminary and Final Utility Plan 3.1.1.3.5 Stormwater Management Plan 2.2.2.4 Building and structures plans 3.2.2.4.1 Full,four(4) part project specifications 3.2.2.4.2 Building Plans 3.2.2.4.3 Life Safety and Exiting Diagrams 3.2.2.4.4 Reflected Ceiling Plans 3.2.2.4.5 Typical Wall Type Details 3.2.2.4.6 Exterior Building Elevations 3.2.2.4.7 Typical Wall Sections and Key Details Enlarged 3.2.2.4.8 Roof Plan 3.2.2.4.9 Assistance with updating permits. 3.2.2.5 Mechanical Electrical and Technology Plans 3.2.2.6 Interactive Water Feature Plans and Specifications 3.2.2.7 Site Furnishings &amenities plans 3.2.2.8 Landscape and Hardscape plans 3.2.2.9 Irrigation performance specifications 3.2.2.10 Detail Drawings 3.2.2.10.1 Prepare construction details to describe the materials, spatial relationships, connections, and finished suitable for constructing the proposed improvements. 3.2.2.11 Specifications 3.2.2.11.1 Prepare construction specifications for the proposed improvements. 3.2.2.12 Lighting and Photometric plans 3.2.3 Conduct Code review with building officials and State officials. 3.2.4 Review all site circulation and access with JQP Inc., a subconsultant of the city of Apple Valley as related to ADA issues. 3.2.5 Update opinion of probable costs of the proposed improvements. 3.2.6 Prepare documents suitable for review for compliance with applicable governmental requirements and assist the Client in the submission to governmental agencies. 3.2.7 Address timely and applicable review comments received from agencies and revise Construction Documents for compliance when required. 3.2.8 Submit one electronic pdf set of the Construction Documents. Printed copies will be Reimbursable Expense. APPLE VALLEY KELLEY PARK IMPLEMENTATION/23485 Page 6 of 12 thinkconfluence.com 3.2.9 Meetings and coordination with Client, CM, Consultant and Sub Consultants throughout process. 3.3 These documents shall be reviewed by the Client,with any comments and minor revisions occurring in this phase. Any Client or CM directed changes that significantly modify the approved direction from site plan submittal will be deemed extra services and billed on an hourly basis. The Consultant will identify any perceived extra services prior to proceeding with work,whenever possible. 4 Part Three: Construction Administration 4.1 Meetings with the Client, Consultant, Sub Consultants, CM and Contractors, as needed. 4.2 Assist with Bidding Process and bid review as needed. 4.3 Site visits, (resident services will be charged hourly) preparation of progress reports, responses to RFI's and generation of project completion punch lists as needed. 4.4 Weekly coordination meetings, pre-construction meetings, site inspections, punch, substantial completion, and warranty inspections. Article 2: Fees and Expenses: 2.1 We recommend a percentage of construction cost approach based on the budget estimate established during the concept design phase of the project completed in 2026. It is understood that the project budget is set at$8.6M. 2.2 The construction budget is estimated at$6.88M (80% of$8.6M).We propose a 7.5% design fee. Utilizing the construction cost budget this equates to a fee of$516,000. 2.3 Reimbursable Expenses are expenditures made by the Design Teams,their employees, and consultants in the interest of the Project plus an administrative fee of 15%. Reimbursable Expenses include but are not limited to travel expenses, costs of reproduction of documents, postage, services of professional consultants which cannot be quantified at the time of contracting, and other, similar, direct Project related expenditures. See Exhibit A for Confluence standard Reimbursable Expenses 2.4 If the project is suspended for more than three (3) months, or abandoned in whole or in part, this firm shall be paid their compensation for services performed prior to receipt of written notice from the Client of such suspension or abandonment,together with reimbursable expenses then due and all terminal expenses resulting from such suspension or abandonment. APPLE VALLEY KELLEY PARK IMPLEMENTATION/23485 Page 7 of 12 thinkconfluence.com Article 3: Standard Services 3.1 Supplemental Services. Supplemental Services are beyond the basic Scope of Services, and when requested in writing by the Client, shall entitle the Consultant to additional compensation (either on the hourly basis stated in"Exhibit A"or the basis of a negotiated sum) beyond the Compensation stated in Article 6 Consultant Compensation. 3.2 Standard of Care. The Consultant Services shall be performed with care and diligence in accordance with the professional standards applicable at the time and in the location of the Project and appropriate for a project of the nature and scope of this Project. 3.3 Changes to Approved Services. Revisions to drawings or other documents shall constitute Supplemental Services made necessary because of Client-requested changes to previously approved drawings or other documents, or because of Client changes to previous Project budget parameters or Project requirements. 3.4 Schedule of Performance. The Client's signature on this Agreement shall be the basis for the Consultant to begin providing services for the Project. The Consultant shall perform the services per the Client's proposed schedule and complete the project by August 2026 or as agreed 200 days from the date of execution of this agreement by the City. Article 4: Client's Responsibilities 4.1 Information. The Client shall provide data about the site and other information on which the design is to be based as well as Client's budget parameters for the Project. Some data for the site may be provided as part of the Scope of Services.The Consultant shall be entitled to rely on the accuracy and completeness of information provided by the Client. 4.2 Budget. The Consultant shall reasonably strive to propose designs and prepare documents consistent with the Client's budget parameters. If provided by the Consultant as a part of the Scope of Services, opinions of probable construction costs are based on the Consultant's familiarity with the construction industry and are provided only to assist the Client's budget planning. Such opinions shall not be construed to provide a guarantee or warranty that the actual construction costs will be within the Project budget parameters at the time construction bids are solicited or construction contracts negotiated. 4.3 Approvals. The Client's decisions, approvals, reviews, and responses shall be communicated to the Consultant in a timely manner so as not to delay the performance of the Consultant Services. 4.4 Project Permit and Review Fees. The Client shall pay all fees required to secure jurisdictional approvals for the Project. Article 5: Ownership of Documents 5.1 The Consultant shall be deemed the author and owner of all document's deliverables developed pursuant to this Agreement and provided to the Client by the Consultant APPLE VALLEY KELLEY PARK IMPLEMENTATION/23485 Page 8 of 12 thinkconfluence.com (collectively,the "Design Materials"). Subject to payment by the Client of all fees and Reimbursable Expenses owed to the Consultant,the Consultant grants the Client an irrevocable, non-exclusive license to reproduce the Design Materials solely for to the construction of the Project and for information and reference with respect to the use of the Project. Article 6: Consultant Compensation 6.1 Monthly payments to the Consultant shall be based on (1)the percentage of Scope of Services completed and shall include payments for(2) Supplemental Services performed, and (3) Reimbursable Expenses incurred. 6.2 Payments are due and payable 45 days from the date of the Consultant's invoice. Invoiced amounts unpaid 60 days after the invoice date shall be determined overdue and shall accrue 1.5% simple interest per month.At the Consultant's option, overdue payments may be grounds for termination or suspension of services. In the event any portion or all of an account remains unpaid 120 days after billing, the Client shall pay all costs of collection, including reasonable attorney's fees. Article 7: Insurance, Indemnification, Consequential Damages& Limitation of Liability 7.1 Insurance. The Consultant shall secure and maintain insurance coverages indicated as follows: Coverage: Liability Limits: Professional Liability: $2,000,000 per claim/$4,000,000 aggregate Commercial General Liability: $1,000,000 per claim/$2,000,000 aggregate Comprehensive Automobile Liability: $1,000,000 combined single limit Umbrella Liability: $3,000,000 each occurrence/$3,000,000 aggregate Drone Aviation Liability: $1,000,000 per claim Workers Compensation: $2,000,000 per claim/$2,000,000 policy limit 7.2 Indemnification: Client and Consultant each agree to indemnify and hold harmless the other, and their respective officers, employees, and representatives,from and against liability for losses, damages, and expenses, including reasonable attorney's fees, to the extent such losses, damages or expenses are caused by the indemnifying party's negligent acts, errors, or omissions. In the event losses, damages or expenses are caused by the joint or concurrent negligence of the Client and Consultant, they shall be borne by each party in proportion to its negligence. 7.3 Consequential Damages. The Consultant and the Client waive consequential damages for claims, disputes, or other matters in question which arise of or are related to this Agreement, including but not limited to consequential damages due to the termination of this Agreement by either party in accordance with the provisions of Article 7 thereof. 7.4 Limitation of Liability. To the maximum extent permitted by law,the Client agrees to limit the Consultant's liability for the Client's damages to the sum of$50,000.00. This limitation shall apply regardless of the cause of action or legal theory pled or asserted. APPLE VALLEY KELLEY PARK IMPLEMENTATION/23485 Page 9 of 12 thinkconfluence.com Article 8: Dispute Resolution 8.1 If a dispute arises out of or relates to this agreement,the parties shall endeavor to resolve their differences first through direct discussions. If the dispute has not been settled within 14 days of the initial discussions,the parties shall submit the dispute to mediation,the cost of which shall be shared equally by both parties. 8.2 For any claim subject to, but not resolved by, mediation pursuant to 6.1,the method of binding dispute resolution shall be as follows: ❑ Arbitration pursuant to the Construction Industry Mediation Rules of the American Arbitration Association ❑X Litigation in a court of competent jurisdiction 8.3 Nothing in these provisions shall limit rights or remedies not expressly waived under applicable lien laws. Article 9: Termination 9.1 This agreement may be terminated by either party on seven (7) days'written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination, provided the defaulting party has not cured or in good faith diligently commenced to cure the breach during the 7-day notice period. If the project is terminated,the Consultant shall be paid their compensation for services performed prior to receipt of written notice from the Client,together with reimbursable expenses and applicable taxes then due. Article 10: Other Terms&Conditions 10.1 Promotional Materials & Images. The Consultant shall have the right to include photographic or artistic representations of the design of the Project among the Consultant's promotional and professional materials. The Consultant shall be given reasonable access to the completed Project to make such representations. However,the Consultant's materials shall not include the Client's confidential or proprietary information if the Client has previously advised the Consultant in writing of the specific information considered by the Client to be confidential or proprietary. The Client shall provide professional credit for the Consultant in the Client's promotional materials for the Project. 10.2 Assignment. Neither party shall assign their interest in this Agreement without the expressed written consent of the other, except as to the assignment of the proceeds. 10.3 Governing Law. The laws of the State of Minnesota shall govern this agreement. 10.4 Complete Agreement. This Agreement represents the entire understanding between the Client and Consultant and supersedes all prior negotiations, representations, or agreements, whether written or oral with respect to its subject matter. The person(s)signing this Agreement on behalf of the parties hereby individually warrant that they have full legal power APPLE VALLEY KELLEY PARK IMPLEMENTATION/23485 Page 10 of 12 thinkconfluence.com to execute this Agreement on behalf of the respective parties and to bind and obligate the parties with respect to all provisions contained herein.This Agreement may be amended only in writing signed by both the Client and Consultant. Offered by: Consultant Accepted By: Client Confluence, Inc. City of Apple Valley 1-2-2024 Signature&Date Signature& Date Terry Minarik - Principal Printed Name&Title Printed Name&Title Confluence 901 North Third Street Suite 225 Minneapolis, Minnesota 55401 APPLE VALLEY KELLEY PARK IMPLEMENTATION/23485 Page 11 of 12 thinkconfluence.com Exhibit"A": Landscape Architect's Standard Hourly Rates & Reimbursable Expenses STANDARD HOURLY RATES Senior Principal $160.00 - $230.00 per hour Principal $140.00 - $195.00 per hour Associate Principal $130.00 - $170.00 per hour Associate $110.00 - $160.00 per hour Senior Project Manager $100.00 - $150.00 per hour Project Manager $90.00- $120.00 per hour Senior Landscape Architect $90.00-$120.00 per hour Landscape Architect $80.00 - $110.00 per hour Senior Project Planner $90.00 -$120.00 per hour Planner II $80.00 - $110.00 per hour Planner I $70.00 - $100.00 per hour Landscape Architect-In-Training $70.00 - $100.00 per hour Landscape Architect Intern / Landscape Designer $60.00- $85.00 per hour Draftsperson $50.00 - $85.00 per hour Graphic Designer $70.00 - $100.00 per hour Clerical /System Staff $42.00 - $80.00 per hour REIMBURSABLE EXPENSES Social Pinpoint Public Engagement Tool $1,500.00 Filing Fees 1.15 x cost Materials and Supplies 1.15 x cost Meals and Lodging 1.15 x cost Mileage $.56 per mile Postage 1.15 x cost Printing by Vendor 1.15 x cost B/W Photocopies/Prints 81/2 x 11 $.05 each B/W Photocopies/Prints 11 x17 $.09 each Color Photocopies/Prints 81 x 11 $.65 each Color Photocopies/Prints 1lx17 $1.50 each Large Format Plotting- Bond $2.50/SF Large Format Plotting- Mylar $4.50/SF Large Format Plotting- Photo $5.00/SF Flash Drives $10.00 each Booklet Binding(cover, coil, back) $4.50 each Foam Core $8.00 each Easel Pads $32.75 each Electronic Files $50.00 Each Online Meeting Service $35.00 Each Effective 1/1/2023 End of Exhibit"A" APPLE VALLEY KELLEY PARK IMPLEMENTATION/23485 Page 12 of 12 thinkconfluence.com tAIiV Document B133® - 2019 Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition AGREEMENT made as of the 11th day of January in the year 2024 (In words, indicate day, month and year.) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Architect's client identified as the Owner: added information needed for its (Name, legal status, address, and other information) completion.The author may also have revised the text of the original City of Apple Valley AIA standard form.An Additions and 7100 147th Street W Apple Valley,MN 55124 Deletions Report that notes added Telephone Number:952-953-2500 information as well as revisions to the standard form text is available from the author and should be reviewed.A and the Architect: vertical line in the left margin of this (Name, legal status, address, and other information) document indicates where the author has added necessary information Confluence,Inc. and where the author has added to or 901 North Third Street deleted from the original AIA text. Suite 225 This document has important legal 612-333-3702 consequences.Consultation with an attorney is encouraged with respect for the following Project: to its completion or modification (Name, location, and detailed description) This document is intended to be used in conjunction with AIA Documents Apple Valley Kelley Park A201-2017TM,General Conditions of 6855 Fortina St,Apple Valley,MN the Contract for Construction; • A133-2019TM Standard Form of Agreement Between Owner and The Construction Manager(if known): Construction Manager as (Name, legal status, address, and other information) Constructor where the basis of payment is the Cost of the Work Plus To be determined a Fee with a Guaranteed Maximum Price;and A134-2019TM Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of The Owner and Architect agree as follows. payment is the Cost of the Work Plus a Fee without a Guaranteed Maximum Price.AIA Document A201 Tm-2017 is adopted in this document by reference.Do not use with other general conditions unless this document is modified. Init. AIA Document B133—2019 Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:50 ET on 01/04/2024 under Order No.2114498321 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1699573815) TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (For each item in this section, insert the information or a statement such as "not applicable"or"unknown at time of execution.') § 1.1.1 Project Overview: (Insert the Owner's program, identifydocumentation that establishes the Owner's program, or state the manner in which the program will be developed.) The Project includes professional design services,construction,and implementation of improvements to Kelley Park.The process will involve community engagement,city approvals,council and parks committee meetings and cost estimating. The Architect's project team will include Landscape Architecture,Architecture,Civil Engineering,Electrical and Mechanical Engineering,Geotechnical Engineering,Structural Engineering and Aquatic Engineering. The Project includes preliminary evaluation and preliminary design(concept design)and the preparation of Schematic Design,Design Development,and Construction Documentation for all park improvements as identified in the approved concept design.The Project may include a new performance area with stage and bandshell(including greenroom,sound system,storage space and video screen),new expanded playground structures and equipment with PIP surfacing,new expanded interactive splashpad,park building with storage and restrooms,food truck area with power and parking, basketball court,shelters,lawns,trails,landscape,hardscape,site furnishing,irrigation,lighting,power stations, Technology(including programmable locks,Wi-Fi,fiber,cameras and cable tv),expanded parking,stairs,walls and public art § 1.1.2 The Project's physical characteristics: (Identify or describe pertinent information about the Project's physical characteristics, such as size; location; dimensions;geotechnical reports;site boundaries; topographic surveys; traffic and utility studies; availability of public and private utilities and services; legal description of the site, etc.) This project is located at 6855 Fortino St.Apple Valley MN 55124. Init. AIA Document B133-2019 Copyright 02014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:50 ET on 01/04/2024 under 2 Order No 2114498321 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts corn. User Notes: (1699573815) § 1.1.3 The Owner's budget for the Cost of the Work,as defined in Section 6.1: (Provide total and, if known, a line item breakdown.) Eight Million,Six Hundred Thousand and no/100 Dollars($8,6000,000.00)is the total budget for the Project,which includes an estimated Six Million Eight Hundred Eighty Thousand and no/100 Dollars($6,880,000.00)for the Cost of the Work defined in section 6.1 plus compensation of the Architect,plus the compensation of the Construction Manager,plus contingencies for changes in the Work,and plus any costs that are the responsibility of the Owner. § 1.1.4 The Owner's anticipated design and construction milestone dates: .1 Design phase,if any: July 2024—March 2025 .2 Construction date: May 2025—June 2026 .3 Substantial Completion date or dates: July 2026 .4 Other milestone dates: § 1.1.5 The Owner intends to retain a Construction Manager pursuant to the following agreement: (Indicate agreement type.) [ ] AIA Document A133-2019,Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price,as amended by Owner. or [ J AIA Document A134-2019,Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee without a Guaranteed Maximum Price,as amended by Owner. § 1.1.6 (Paragraphs deleted) Intentionally deleted. § 1.1.7 Intentionally deleted. (Paragraph deleted) § 1.1.8 The Owner identifies the following representative in accordance with Section 5.4: (List name, address, and other contact information.) Eric Carlson 7100 147th Street W Apple Valley,MN 55124 952-953-2310 Eric.Carlson@applevalleymn.gov Init. AIA Document B133-2019.Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:50 ET on 01/04/2024 under Order No 2114498321 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documentse Terms of Service.To report copyright violations,e-mail dodnfo@aiacontracts.com. User Notes: (1699573815) § 1.1.9 The persons or entities,in addition to the Owner's representative,who are required to review the Architect's submittals to the Owner are as follows: (List name, address, and other contact information.) Kayla Hechsel 7100 147th St W Apple Valley,MN 55124 952-953-2304 Kayla.hechsel@applevalleymn.gov § 1.1.10 The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information.) .1 Construction Manager: (The Construction Manager is identified on the cover page. If a Construction Manager has not been retained as of the date of this Agreement,state the anticipated date of retention.If the Architect is to assist the Owner in selecting the Construction Manager, complete Section 4.1.1.1) (Paragraphs deleted) To be determined. § 1.1.11 The Architect identifies the following representative in accordance with Section 2.4: (List name, address, and other contact information.) Terry Minarik 901 North Third Street Suite 225 612-333-3702 Mobile Number:952-451-0144 tminarik@thinkconfluence.com § 1.1.12 The Architect shall retain the consultants identified in Sections 1.1.12.1 and 1.1.12.2: (List name, legal status, address, and other contact information.) § 1.1.12.1 Consultants retained under Basic Services: .1 Architect: Johnson Laffen Galloway Architects,LTD.d/b/a JLG Architects 710 S 2nd St 8th Floor,Minneapolis,Minnesota,55401 .2 Civil Engineer: EVS Inc. 10025 Valley View RD#140,Eden Prairie,Minnesota,55344 .3 Structural Engineer: Nelson Rudie and Associates 9100 49th Ave N Minneapolis,Minnesota 55428 .4 Mechanical Engineer: Init. AIA Document B133-2019.Copyright©2014,and 2019.All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:50 ET on 01/04/2024 under 4 Order No 2114498321 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo©aiacontracts corn User Notes: (1699573815) Nelson Rudie&Associates,Inc. 9100 49th Ave N Minneapolis,Minnesota 55428 .5 Electrical Engineer: Nelson Rudie&Associates,Inc. 9100 49th Ave N Minneapolis,Minnesota 55428 .6 Aquatic Engineer: reengineered inc. 8621 Edmonson Ave NE,Monticello,Minnesota 55362 .7 Geotechnical Engineer(as needed): Braun Intertec Corporation 11001 Hampshire Avenue South,Minneapolis,Minnesota 55438 • (Paragraphs deleted) § 1.2 The Owner and Architect may rely on the Initial Information.Both parties,however,recognize that the Initial Information may materially change and,in that event,the Owner and the Architect shall appropriately adjust the Architect's services,schedule for the Architect's services,and the Architect's compensation.The Owner shall adjust the Owner's budget for the Cost of the Work and the Owner's anticipated design and construction milestones,as necessary,to accommodate material changes in the Initial Information. § 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. (Paragraph deleted) ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide professional services as set forth in this Agreement and the Construction Documents for the Project.The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement,or shall cause such services to be performed by appropriately licensed design professionals. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances.The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 The Architect shall provide its services in conjunction with the services of a Construction Manager as described in the agreement between the Owner and Construction Manager and Contract Documents for Project.The Architect shall not be responsible for actions taken by the Construction Manager. § 2.4 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.5 Except with the Owner's knowledge and consent,the Architect shall not engage in any activity,or accept any employment,interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. Init. AIA Document B133-2019 Copyright©2014,and 2019 All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:50 ET on 01/04/2024 under 5 Order No 2114498321 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1699573815) § 2.6 Insurance.The Architect shall maintain the following insurance until termination of this Agreement. § 2.6.1 Commercial General Liability with policy limits of not less than one million dollars ($ 1,000,000.00 )for each occurrence and two million dollars ($ 2,000,000.00 )in the aggregate for bodily injury and property damage. § 2.6.2 Automobile Liability covering vehicles owned,and non-owned vehicles used,by the Architect with policy limits of not less than one million dollars ($ 1,000,000.00 )per accident for bodily injury,death of any person,and property damage arising out of the ownership,maintenance and use of those motor vehicles,along with any other statutorily required automobile coverage. § 2.6.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance,provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.6.1 and 2.6.2,and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy.The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers.Umbrella Liability:$3,000,000.00 each occurrence/$3,000,000.00 aggregate. § 2.6.4 Workers' Compensation at statutory limits. § 2.6.5 Employers' Liability with policy limits not less than two million dollars ($2,000,000.00 )each accident, two million dollars($2,000,000.00 )each employee,and two million dollars ($2,000,000.00 )policy limit. § 2.6.6 Professional Liability covering negligent acts,errors and omissions in the performance of professional services, with policy limits of not less than five million dollars ($5,000,000.00 )per claim and five million dollars ($ 5,000,000.00 )in the aggregate.The Architect agrees that the deductible within its Professional Liability policy shall not exceed$200,000.00. § 2.6.7 Additional Insured Obligations.To the fullest extent permitted by law,the Architect shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Architect's negligent acts or omissions.The additional insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations.The Architect shall cause the primary and excess or umbrella policies for Commercial General Liability and Automobile Liability and Professional Liability policy to include a statement that such insurance cannot be cancelled until thirty(30)days after the Owner has received written notice of the intention to cancel the insurance. § 2.6.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.6 prior to commencement of Architect's Basic Services hereunder and prior to the expiration of the term dates identified on the certificates for the insurance listed thereon. ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in this Article 3 and include usual and customary landscape,structural,civil,mechanical,aquatic and electrical engineering services.Services not set forth in this Article 3 are Additional Services. § 3.1.1 The Architect shall manage the Architect's services,research applicable design criteria,attend Project meetings, communicate with members of the Project team,and report progress to the Owner. • § 3.1.2 The Architect shall coordinate its services and its consultants'services with those services provided by the Owner, the Construction Manager,and the Owner's consultants(if any).The Architect shall be entitled to rely on,and shall not be responsible for,the accuracy,completeness,and timeliness of,services and information furnished by the Owner,the Construction Manager,and the Owner's consultants(if any).The Owner,the Owner's consultants(if any),and Construction Manager shall be entitled to rely on,and shall not be responsible for the accuracy,completeness,and timeliness of the services and information furnished by the Architect and Architect's consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error,omission,or inconsistency in such services or information furnished by the Owner,the Construction Manager,and the Owner's consultants(if any). The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any error,omission,or inconsistency in such services and information furnished by the Architect or the Architect's consultants. Init. AIA Document B133—2019.Copyright©2014,and 2019.All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04.50 ET on 01/04/2024 under 6 Order No 2114498321 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts corn. User Notes: (1699573815) § 3.1.3 As soon as practicable after the date of this Agreement,the Architect shall submit,for the and the Owner's review and approval,a schedule for the performance of the Architect's services.The schedule shall include design phase milestone dates,as well as the anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information.The schedule shall include allowances for periods of time required for the Owner's selection of a Construction Manager,the Owners review of the schedule,for the performance of the Construction Manager's Preconstruction Phase services,for the performance of the Architect's consultants,for the performance of the Owner's consultants(if any),and for approval of submissions by authorities having jurisdiction over the Project.Once reviewed by both the Owner and Construction Manager and approved by the Owner after receipt of the Construction Manager's recommendation/comments,time limits established by the schedule shall not,except for reasonable cause,be exceeded by the Architect or Owner.With the Owner's approval,the Architect shall adjust the schedule,if necessary,as the Project proceeds until the commencement of construction. § 3.1.4 The Architect shall submit information to the Construction Manager and participate in developing and revising the Project schedule as it relates to the Architect's services.The Architect shall review and approve,or take other appropriate action upon,the portion of the Project schedule relating to the performance of the Architect's services. §3.1.5 The Architect shall not be responsible for an Owner's directive or substitution,or for the Owner's acceptance of non-conforming work,made or given without the Architect's written approval. § 3.1.6 The Architect shall,in coordination with the Construction Manager,contact governmental authorities required to approve the Construction Documents and entities providing utility services to the Project.The Architect shall respond to applicable design requirements imposed by those authorities and entities. § 3.1.7 The Architect shall assist the Owner and Construction Manager in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.1.8 Prior to the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal,or the Owner's approval of the Construction Manager's Control Estimate,as applicable,the Architect shall consider the Construction Manager's requests for substitutions and,upon written request of the Construction Manager,provide clarification or interpretations pertaining to the Drawings,Specifications,and other documents submitted by the Architect.The Architect and Construction Manager shall include the Owner in communications related to substitution requests,clarifications,and interpretations. §3.2 Review of the Construction Manager's Guaranteed Maximum Price Proposal or Control Estimate § 3.2.1 At a time to be mutually agreed upon by the Owner and the Construction Manager,the Construction Manager shall prepare,for review by the Owner and Architect,and for the Owner's acceptance or approval,a Guaranteed Maximum Price proposal or Control Estimate.The Architect shall assist the Owner in reviewing the Construction Manager's proposal or estimate.The Architect's review is not for the purpose of discovering errors,omissions,or inconsistencies;for the assumption of any responsibility for the Construction Manager's proposed means,methods,sequences,techniques,or procedures;or for the verification of any estimates of cost or estimated cost proposals.In the event that the Architect discovers any inconsistencies or inaccuracies in the information presented,the Architect shall promptly notify the Owner and Construction Manager. § 3.2.2 Upon authorization by the Owner, the Architect shall update the Drawings,Specifications,and other documents to incorporate the agreed upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment or Control Estimate. § 3.3 Schematic Design Phase Services § 3.3.1 The Architect shall review the project overview,and other information furnished by the Owner and Construction Manager,and shall review laws,codes,and regulations applicable to the Architect's services. § 3.3.2 The Architect shall prepare a preliminary evaluation of the Owner's project overview,schedule,budget for the Cost of the Work,Project site,and other Initial Information,each in terms of the other,to ascertain the requirements of the Project.The Architect shall notify the Owner of(1)any inconsistencies discovered in the information,and(2)other information or consulting services that may be reasonably needed for the Project. Init. AIA Document B133—2019 Copyright©2014,and 2019 All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This document was produced at 16:04:50 ET on 01/04/2024 under 7 Order No.2114498321 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documentss Terms of Service.To report copyright violations,e-mail dodnfo@aiacontracts corn User Notes: (1699573815) § 3.3.2.1 The Architect shall identify needs such as,but not limited to: .1 Development of landscape and hardscape areas in park. .2 Development of buildings,structures and required services for Pool Building,restrooms,pergolas, mechanical and storage facilities. .3 Utilities and infrastructure. .4 Technology including video screen,Wi-Fi,fiber,cameras,cable tv and programmable locks and card readers. .5 Plazas,patios,lawns and open space,circulation,and pedestrian access. .6 Develop ideas related to programming outdoor activities. .7 Relationship to existing adjacent development and trails. .8 Site furnishings. .9 Play structures with PIP surfacing. .10 Interactive water play and mechanical infrastructure(if needed). .11 Basketball,Pickleball,Tennis and games courts. .12 Site drainage,stormwater and green infrastructure. .13 Site and building lighting and electrical needs. .14 Site grading and wall structures. .15 Fencing,access,and security. .16 Pollinator and natural areas. .17 Park signage,wayfinding and monument sign with reader board for upcoming events. .18 Irrigation Concepts § 3.3.3 The Architect shall present its preliminary evaluation to the Owner and Construction Manager and shall discuss with the Owner and Construction Manager alternative approaches to design and construction of the Project.This shall include,but not be limited to,a preliminary concept meeting with the Owner's planning,engineering,and inspections staff.The Architect shall reach an understanding with the Owner regarding the requirements of the Project.The Architect and the Owner's staff shall meet in the preliminary evaluation process as needed upon the request of either the Architect or the Owner's staff. § 3.3.4 Based on the Project requirements agreed upon with the Owner,the Architect shall prepare and present,to the Owner and Construction Manager,for the Owner's approval,at least two preliminary design/concept design options illustrating the scale and relationship of the Project components.The Architect and the Owner's shall meet staff in the preliminary design/concept design process as needed upon the request of either the Architect or the Owner's staff. § 3.3.5 Based on the Owner's approval of the preliminary design,the Architect shall prepare Schematic Design Documents for Construction Manager's review and the Owner's approval.The Schematic Design Documents shall consist of drawings and other documents including a site plan,if appropriate,and preliminary building plans,sections and elevations;and may include some combination of study models,perspective sketches,or digital representations. The plans shall include,but not limited to: .1 Existing Conditions plan. .2 Site Grading and Utility plans. .3 Stormwater Management plan. .4 Site and Landscape plan with certificate of survey as the base. .5 Planting plans. .6 Site and Planting Details as needed. .7. Hardscape plans. .8 Architectural plans and elevations. a. Architectural Plans for restroom pavilion and bandshell. b. Overall Floor Plan(1/4" scale) c. Overall,Roof Plan(1/4" scale) d. Colored Exterior Elevations and a total of two(2)3D Concept Renderings to describe the schematic design. .9 Aquatic design for interactive water feature and splash pad for state review. .10 Playground and surfacing. .11 Site Furnishing and amenities. .12 Mechanical,electrical and technology requirements. .13 Proposed materials. Init. AIA Document B133-2019.Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This document was produced at 16:04:50 ET on 01/04/2024 under 8 Order No.2114498321 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1699573815) .14 Outline Specifications. .15 Site Lighting Photometrics concepts. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.3.5.1 The Architect shall consider sustainable design alternatives,such as material choices and building orientation, together with other considerations based on program and aesthetics,in developing a design that is consistent with the Owner's program,schedule and budget for the Cost of the Work. § 3.3.5.2 The Architect shall consider with the Owner and the Construction Manager the value of alternative materials, building systems and equipment,together with other considerations based on program and aesthetics,in developing a design for the Project that is consistent with the Owner's program,schedule,and budget for the Cost of the Work. § 3.3.6 The Architect shall submit the Schematic Design Documents to the Owner and the Construction Manager.The Architect shall meet with the Construction Manager to review the Schematic Design Documents.The Architect and the Owner's staff shall meet in the Schematic Design Documents process as needed upon the request of either the Architect or the Owner's staff. § 3.3.7 Upon receipt of the Construction Manager's review comments and cost estimate at the conclusion of the Schematic Design Phase,the Architect shall take action as required under Section 6.4,and request the Owner's approval of the Schematic Design Documents.If revisions to the Schematic Design Documents are required to comply with the Owner's budget for the Cost of the Work at the conclusion of the Schematic Design Phase,the Architect shall incorporate the required revisions in the Design Development Phase. § 3.3.8 In the further development of the Drawings and Specifications during this and subsequent phases of design,the Architect shall be entitled to rely on the accuracy of the estimates of the Cost of the Work,which are to be provided by the Construction Manager under the Construction Manager's agreement with the Owner. § 3.4 Design Development Phase Services § 3.4.1 Based on the Owner's approval of the Schematic Design Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Design Development Documents for the Owner and Construction Manager's review and the Owner's approval.The Design Development Documents shall be based upon information provided,and estimates prepared by,the Construction Manager and shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans,sections,elevations,typical construction details,and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural,structural, mechanical and electrical systems,and other appropriate elements.The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. § 3.4.2 A public engagement process will occur during the Design Development Phase,which will include focus group meetings and public online and in person open houses with key stakeholders including,but not limited to the Apple Valley residents,Apple Valley Arts Foundation,Play groups and organizations,city council,staff,boards,and commissions. Public engagement will include up to 5 focus groups meetings and 2 to 3 in person open house events. Council and commission presentations will be done as necessary throughout the design process and public input will be made available on the Apple Valley Parks Social Pinpoint website. § 3.4.3 Prior to the conclusion of the Design Development Phase,the Architect shall submit the Design Development Documents to the Owner and the Construction Manager.The Architect shall meet with the Construction Manager to review the Design Development Documents.The Architect and Owner's staff shall meet in the Design Development Phase process as needed upon the request of either the Architect or the Owner's staff.Any Owner directed changes that significantly modify the Project design after the completion of the Design Development Phase,shall be deemed additional services billed at an hourly rate(See exhibit A)or on negotiated sum basis upon the Architect providing written notice to the Owner of any perceived additional services and the Owner's written approval thereof § 3.4.4 The Architect shall provide the Owner with two design resubmittals as required by the Owner. Init. AIA Document B133—2019.Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:50 ET on 01/04/2024 under a Order No.2114498321 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents'Terms of Service To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1699573815) § 3.4.5 The Architect shall provide the Owner with probable costs opinions through the Construction Documents Phase. Upon receipt of the Construction Manager's information and estimate at the conclusion of the Design Development Phase,the Architect shall take action as required under Sections 6.5 and 6.6 and request the Owner's approval of the Design Development Documents. § 3.5 Construction Documents Phase Services § 3.5.1 Based on the Owner's approval of the Design Development Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Construction Documents for the Owner and Construction Manager's review and the Owner's approval.The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Plans,Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work. The Plans and Drawings shall include: .1 Site preparation/demolition plan. .2 Layout plan(s). .3 Site grading and drainage plans,including: a. Final subdivision plan; b. Existing conditions plan; c. Preliminary and final grading/drainage and stormwater pollution prevention plans. d. Preliminary and final utility plan;and e. Stormwater management plan. .4 Building and structures plans,including: a. Full,four(4)part project specifications; b. Building plans; c. Life safety and exiting diagrams; d. Reflected ceiling plans; e. Typical wall sections and key details enlarged; f. Roof plan;and g. Assistance with updating permits. .5 Mechanical,electrical and technology plans. .6 Interactive water feature plans and specifications. .7 Site furnishings&amenities plans. .8 Landscape and hardscape plans. .9 Irrigation performance specifications. .10 Detail drawings,including: a. Construction details describing the materials,spatial relationships,connections,and finished suitable for constructing the Work; b. Specifications;and c. Lighting and photometric plans. The Owner and Architect acknowledge that,in order to perform the Work,the Construction Manager will provide additional information,including Shop Drawings,Product Data,Samples and other similar submittals,which the Architect shall review in accordance with Section 3.6.4. § 3.5.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the Project into the Construction Documents. § 3.5.3 During the development of the Construction Documents,if requested by the Owner,the Architect shall assist the Owner and Construction Manager in the development and preparation of(1)the Conditions of the Contract for Construction(General,Supplementary and other Conditions)and(2)a project manual that includes the Conditions of the Contract for Construction and Specifications and may include sample forms. § 3.5.4 During the development of the Construction Documents,the Architect shall:(a)conduct Building Code review with building officials and State Officials;(b)review all Project site circulation and access with JQP,Inc.,a consultant of the Owner,related to ADA issues;(c)prepare documents suitable for review for compliance with applicable governmental requirements and assist the Owner with submission to government agencies;and(d)address timely and Init. AIA Document B133—2019.Copyright 02014,and 2019 All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AlA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:50 ET on 01/04/2024 under 10 Order No.2114498321 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts com. User Notes: (1699573815) applicable review comments received from government agencies and revise Contract Documents for compliance when required. § 3.5.5 Prior to the conclusion of the Construction Documents Phase,the Architect shall submit the Construction Documents to the Owner and the Construction Manager.The Architect shall meet with the Owner and Construction Manager to review the Construction Documents.The Architect and the Owner's shall meet staff in the Construction Documents Phase as needed upon the request of either the Architect or the Owner's staff.Any Owner directed changes that significantly modify the Project design after the completion of the Construction Documents Phase,shall be deemed additional services billed at an hourly rate(See exhibit A)or on negotiated sum basis upon the Architect providing written notice to the Owner of any perceived additional services and the Owner's written approval thereof. § 3.5.6 Upon receipt of the Construction Manager's information and estimate at the conclusion of the Construction Documents Phase,the Architect shall take action as required under Section 6.7,and request the Owner's approval of the Construction Documents. § 3.6 Construction Phase Services § 3.6.1 General § 3.6.1.1 The Architect will assist the Owner and Construction Manager with the bidding process and bid review as needed.The Architect shall provide administration of the Contract between the Owner and the Construction Manager as set forth below and in AIA Document A201TM-2017,General Conditions of the Contract for Construction as amended by the Owner. § 3.6.1.2 The Architect's responsibility to provide Construction Phase Services commences upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal,the Owner's approval of the Construction Manager's Control Estimate,or by a written agreement between the Owner and Construction Manager which sets forth a description of the Work to be performed by the Construction Manager prior to such acceptance or approval.Except as provided in Section 3.6.6.5,the Architect's responsibility to provide Construction Phase Services terminates on the date the Architect issues the final Certificate for Payment. § 3.6.1.3 The Architect shall advise and consult with the Owner and Construction Manager during the Construction Phase Services.The Architect shall attend and participate in pre-construction meeting(s)and weekly coordination meetings.The Architect shall meet with the Owner,Construction Manager and contractors as needed.The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement.The Architect shall not have control over, charge of,or responsibility for the construction means,methods,techniques,sequences or procedures,or for safety precautions and programs in connection with the Work,nor shall the Architect be responsible for the Construction Manager's failure to perform the Work in accordance with the requirements of the Contract Documents.The Architect shall be responsible for the Architect's negligent acts or omissions,but shall not have control over or charge of,and shall not be responsible for,acts or omissions of the Construction Manager or of any other persons or entities performing portions of the Work. § 3.6.2 Evaluations of the Work § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction,to become generally familiar with the progress and quality of the portion of the Work completed,and to determine,in general,if the Work observed is being performed in a manner indicating that the Work,when fully completed,will be in accordance with the Contract Documents.The Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.The Architect shall visit the site for the purpose of conducting inspections related to the generation of a punchlist(s),substantial completion,final completion and warranty inspections.On the basis of the site visits,the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed,and promptly report to the Owner(1)known deviations from the Contract Documents,(2)known deviations from the most recent construction schedule submitted by the Construction Manager,and(3)defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents.Whenever the Architect considers it necessary or advisable,the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents,whether or not the Work is fabricated,installed or completed.However,neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Construction Manager, Subcontractors,suppliers,their agents or employees,or other persons or entities performing portions of the Work. Init. AIA Document B133—2019.Copyright©2014,and 2019 All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:50 ET on 01/04/2024 under 11 Order No 2114498321 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts com User Notes: (1699573815) § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under,and requirements of,the Contract Documents on written request of either the Owner or Construction Manager.The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of,and reasonably inferable from,the Contract Documents and shall be in writing or in the form of drawings.When making such interpretations and decisions,the Architect shall endeavor to secure faithful performance by both Owner and Construction Manager,shall not show partiality to either,and shall not be liable for results of interpretations or decisions rendered in good faith.The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. (Paragraph deleted) § 3.6.3 Certificates for Payment to Construction Manager § 3.6.3.1 The Architect shall review and certify the amounts due the Construction Manager and shall issue certificates in such amounts.The Architect's certification for payment shall constitute a representation to the Owner,based on the Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Construction Manager's Application for Payment,that,to the best of the Architect's knowledge,information and belief,the Work has progressed to the point indicated,the quality of the Work is in accordance with the Contract Documents,and that the Construction Manager is entitled to payment in the amount certified.The foregoing representations are subject to(1)an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion,(2)results of subsequent tests and inspections,(3)correction of minor deviations from the Contract Documents prior to completion,and(4)specific qualifications expressed by the Architect. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has(1)made exhaustive or continuous on-site inspections to check the quality or quantity of the Work,(2)reviewed construction means,methods, techniques,sequences or procedures,(3)reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Construction Manager's right to payment,or(4)ascertained how or for what purpose the Construction Manager has used money previously paid on account of the Contract Sum. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.4 Submittals § 3.6.4.1 The Architect shall review the Construction Manager's submittal schedule and shall not unreasonably delay or withhold approval of the schedule.The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or,in the absence of an approved submittal schedule,with reasonable promptness while allowing sufficient time,in the Architect's professional judgment,to permit adequate review. § 3.6.4.2 The Architect shall review and approve,or take other appropriate action upon,the Construction Manager's submittals such as Shop Drawings,Product Data and Samples,but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities,and installation or performance of equipment or systems,which are the Construction Manager's responsibility. The Architect's review shall not constitute approval of safety precautions or construction means,methods,techniques, sequences or procedures.The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 3.6.4.3 If the Contract Documents specifically require the Construction Manager to provide professional design services or certifications by a design professional related to systems,materials,or equipment,the Architect shall specify the appropriate performance and design criteria that such services must satisfy.The Architect shall review and take appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Construction Manager's design professional,provided the submittals bear such professional's seal and signature when submitted to the Architect.The Architect's review shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.The Architect shall be entitled to rely upon,and shall not be responsible for,the adequacy and accuracy of the services,certifications,and approvals performed or provided by such design professionals. Init. AIA Document B133—2019 Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:50 ET on 01/04/2024 under 12 Order No.2114498321 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1699573815) § 3.6.4.4 The Architect shall review and respond to requests for information about the Contract Documents.The Architect shall set forth,in the Contract Documents,the requirements for requests for information.Requests for information shall include,at a minimum,a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested.The Architect's response to such requests shall be made in writing within any time limits agreed upon,or otherwise with reasonable promptness.If appropriate,the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for information. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Construction Manager in accordance with the requirements of the Contract Documents. § 3.6.5 Changes in the Work § 3.6.5.1 The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time.The Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. § 3.6.5.2 The Architect shall maintain records relative to changes in the Work. § 3.6.6 Project Completion § 3.6.6.1 The Architect shall: .1 conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; .2 issue Certificates of Substantial Completion; .3 forward to the Owner,for the Owner's review and records,written warranties and related documents required by the Contract Documents and received from the Construction Manager;and .4 issue a final Certificate for Payment based upon a final inspection indicating that,to the best of the Architect's knowledge,information,and belief,the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect's inspections shall be conducted with the Owner to(1)check conformance of the Work with the requirements of the Contract Documents and(2)verify the accuracy and completeness of the list submitted by the Construction Manager of Work to be completed or corrected. § 3.6.6.3 When Substantial Completion has been achieved,the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Construction Manager,including the amount to be retained from the Contract Sum, if any,for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Construction Manager:(1) consent of surety or sureties,if any,to reduction in or partial release of retainage or the making of final payment;(2) affidavits,receipts,releases and waivers of liens,or bonds indemnifying the Owner against liens;and(3)any other documentation required of the Construction Manager under the Contract Documents. § 3.6.6.5 Upon request of the Owner,and prior to the expiration of one year from the date of Substantial Completion,the Architect shall,without additional compensation,conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES § 4.1 Supplemental Services § 4.1.1 The services listed below are not included in Basic Services but may be required for the Project.The Architect shall provide the listed Supplemental Services only if specifically designated in the table below as the Architect's responsibility,and the Owner shall compensate the Architect as provided in Section 11.2.Unless otherwise specifically addressed in this Agreement,if neither the Owner nor the Architect is designated,the parties agree that the listed Supplemental Service is not being provided for the Project. (Designate the Architect's Supplemental Services and the Owner's Supplemental Services required for the Project by indicating whether the Architect or Owner shall be responsible for providing the identified Supplemental Service.Insert a Init. AIA Document B133—2019 Copyright 02014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:50 ET on 01/04/2024 under 13 Order No.2114498321 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts corn User Notes: (1699573815) description of the Supplemental Services in Section 4.1.2 below or attach the description of services as an exhibit to this Agreement.) Supplemental Services Responsibility (Architect, Owner, or not provided) NA (Row deleted) § 4.1.2 Description of Supplemental Services § 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Architect's responsibility is provided below. (Describe in detail the Architect's Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit, identify the exhibit. The AIA publishes a number of Standard Form of Architect's Services documents that can be included as an exhibit to describe the Architect's Supplemental Services.) NA § 4.1.2.2 A description of each Supplemental Service identified in Section 4.1.1 as the Owner's responsibility is provided below. Init. AIA Document B133—2019.Copyright©2014,and 2019 All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16.04:50 ET on 01/04/2024 under 14 Order No.2114498321 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts corn. User Notes: (1699573815) (Describe in detail the Owner's Supplemental Services identified in Section 9.1.1 or, if set forth in an exhibit, identify the exhibit.) NA § 4.1.3 If the Owner identified a Sustainable Objective in Article 1,the Architect shall provide,as a Supplemental Service, the Sustainability Services required in AIA Document E234TM-2019,Sustainable Projects Exhibit,Construction Manager as Constructor Edition,attached to this Agreement.The Owner shall compensate the Architect as provided in Section 11.2. § 4.2 Architect's Additional Services The Architect may provide Additional Services as outlined in this Agreement upon receipt of written approval from the Owner. (Paragraphs deleted) ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement,the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project,including a written program which shall set forth the Owner's objectives;schedule;constraints and criteria,including space requirements and relationships;flexibility;expandability; special equipment;systems;and site requirements. § 5.2 The Owner shall retain a Construction Manager to provide services,duties,and responsibilities as described in the agreement selected in Section 1.1.5. § 5.3 The Owner shall establish the Owner's budget for the Project,including(1)the budget for the Cost of the Work as defined in Section 6.1;(2)the Owner's other costs;and,(3)reasonable contingencies related to all of these costs.The Owner shall update the Owner's budget for the Project as necessary throughout the duration of the Project until final completion.If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work,the Owner shall notify the Architect and Construction Manager.The Owner and the Architect,in consultation with the Construction Manager,shall thereafter agree to a corresponding change in the Project's scope and quality. (Paragraph deleted) § 5.4 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project.The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 5.5 The Owner shall furnish surveys to describe physical characteristics,legal limitations and utility locations for the site of the Project,and a written legal description of the site. § 5.6 The Owner shall coordinate the services of its own consultants(if any)with those services provided by the Architect.The Owner shall require that its consultants(if any)and contractors(if any)maintain insurance,including professional liability insurance,as appropriate to the services or work provided. § 5.7 The Owner shall furnish tests,inspections and reports required by law or the Contract Documents,such as structural, mechanical,and chemical tests,tests for air and water pollution,and tests for hazardous materials. § 5.8 The Owner shall furnish all legal,insurance and accounting services,including auditing services,that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. Init. AIA Document B133-2019.Copyright©2014,and 2019 All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AlA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This document was produced at 16:04:50 ET on 01/04/2024 under 15 Order No.2114498321 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1699573815) § 5.9 The Owner shall provide prompt written notice to the Architect and Construction Manager if the Owner becomes aware of any fault or defect in the Project,including errors,omissions or inconsistencies in the Architect's Instruments of Service. § 5.10 The Owner shall include the Architect in all communications with the Construction Manager that relate to or affect the Architect's services or professional responsibilities.The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Construction Manager otherwise relating to the Project. Communications by and with the Architect's consultants shall be through the Architect. § 5.11 The Owner shall coordinate the Architect's duties and responsibilities set forth in the Agreement between the Owner and the Construction Manager with the Architect's services set forth in this Agreement.The Owner shall provide the Architect a copy of the executed agreement between the Owner and Construction Manager,including the General Conditions of the Contract for Construction. § 5.12 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Construction Manager to provide the Architect access to the Work wherever it is in preparation or progress. § 5.13 Within a reasonable time after receipt of a written request from the Architect,the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate,give notice of,claims. (Paragraphs deleted) ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement,the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect,The Cost of the Work also includes the reasonable value of labor, materials,and equipment,donated to,or otherwise furnished by,the Owner.The Cost of the Work does not include the compensation of the Architect;the compensation of the Construction Manager,the costs of the land,rights-of-way, financing,or contingencies for changes in the Work;or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in the Initial Information,and shall be adjusted throughout the Project as required under Sections 5.3 and 6.4.Evaluations of the Owner's budget for the Cost of the Work represent the Architect's judgment as a design professional. § 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design,bidding or negotiating,price escalation,and market conditions in estimates of the Cost of the Work.The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work the Construction Manager prepares as the Architect progresses with its Basic Services.The Architect shall prepare,as an Additional Service,revisions to the Drawings,Specifications or other documents required due to the Construction Manager's inaccuracies or incompleteness in preparing cost estimates,or due to market conditions the Architect could not reasonably anticipate.The Architect may review the Construction Manager's estimates solely for the Architect's guidance in completion of its services,however, the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review. § 6.3.1 If there is a discrepancy exists between the Construction Manager's cost estimates and the Architect's cost estimates,the Architect and the Construction Manager shall work together to reconcile the cost estimates. § 6.4 If,prior to the conclusion of the Design Development Phase,the Construction Manager's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work,the Architect,in consultation with the Construction Manager, shall make appropriate recommendations to the Owner to adjust the Project's size,quality or budget for the Cost of the Work,and the Owner shall cooperate with the Architect in making such adjustments. § 6.5 If the Construction Manager's estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner's budget for the Cost of the Work,the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 terminate in accordance with Section 9.5; .3 in consultation with the Architect and Construction Manager,revise the Project program,scope,or quality as required to reduce the Cost of the Work;or .4 implement any other mutually acceptable alternative. Init. AIA Document B133—2019 Copyright©2014,and 2019 All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:50 ET on 01/04/2024 under 16 Order No 2114498321 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com User Notes: (1699573815) § 6.6 If the Owner chooses to proceed under Section 6.5.3,the Architect,without additional compensation,shall incorporate the revisions in the Construction Documents Phase as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Design Development Phase Services,or the budget as adjusted under Section 6.5.1.The Architect's revisions in the Construction Documents Phase shall be the limit of the Architect's responsibility under this Article 6. § 6.7 After incorporation of modifications under Section 6.6,the Architect shall,make any required revisions to the Drawings,Specifications or other documents necessitated by the Construction Manager's subsequent cost estimates,the Guaranteed Maximum Price proposal,or Control Estimate that exceed the Owner's budget for the Cost of the Work,due to changes initiated by the Architect in scope,basic systems,or the kinds and quality of materials,finishes or equipment. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 Unless expressly covered by Section 7.2,the Architect and the Owner warrant that in transmitting Instruments of Service,or any other information,the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. § 7.2 The work product of Architect's services,including results,and all ideas,developments,and inventions which the Architect conceives or reduces to practice during the course of its performance under this Agreement and subsequently reimbursed for by the Owner for such work product shall be the exclusive property of the Owner.This information,and material,and any such inventions shall be deemed the Owner's proprietary information and shall not be disclosed to anyone outside of the Owner or used by the Architect or others without the prior written consent of the Owner. Provided, however,the Architect has the right to reuse such information and material in the normal course of its business and retains all rights in its standard drawing details and specifications,and in all field data,notes and databases. Other than reuse or modification by the Architect,the Owner waives all claims against the Architect resulting from any changes or reuse of such information and material. The Architect will furnish the Owner with electronic data versions of certain drawings or other written documents("Digital Data")compatible with the Owner's software(to the extent possible)unless otherwise agreed upon and/or provided in hard copy form. In the event of any conflict between a hard copy document and the Digital Data,the hard copy document governs. The Digital Data shall be prepared in the current software in use by the Architect and is not warranted to be compatible with other systems or software. Any Digital Data submitted by the Architect to the Owner is submitted for an acceptance period of 60 days("Acceptance Period"). Any defects that the Owner discovers during this period and reports to the Architect will be corrected by the Architect at no extra charge. For corrections of defects reported to the Architect after the Acceptance Period,the Owner shall compensate Architect on an hourly basis at Architect's billing rates set forth at Exhibit A. (Paragraphs deleted) ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to this Agreement,whether in contract,tort,or otherwise,in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law,but in any case not more than 10 years after the date of Substantial Completion of the Work.The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance,the Owner and Architect waive all rights against each other and against the contractors,consultants,agents and employees of the other for damages,except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201-2017,General Conditions of the Contract for Construction,as amended by the Owner.The Owner or the Architect,as appropriate,shall require of the Construction Manager,contractors,consultants,agents and employees of any of them,similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect shall indemnify and hold the Owner and the Owner's officers and employees harmless from and against damages,losses and judgments arising from claims by third parties,including reasonable attorneys' fees and expenses recoverable under applicable law,but only to the extent they are caused by the negligent acts or omissions of the Init. AIA Document B133-2019.Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:50 ET on 01/04/2024 under 17 Order No.2114498321 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documentse Terms of Service To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1699573815) Architect,its employees and its consultants in the performance of professional services under this Agreement.The Architect's obligation to indemnify and hold the Owner and the Owner's officers and employees harmless does not include a duty to defend.The Architect's duty to indemnify the Owner under this Section 8.1.3 shall be limited to the available proceeds of the insurance coverage required by this Agreement. (Paragraph deleted) § 8.2 Mediation § 8.2.1 Any claim,dispute,or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution.However,the parties may proceed in accordance with applicable law to comply with filing deadlines such as statues of limitations,prior to resolution of the matter by mediation. § 8.2.2 The Owner and Architect shall endeavor to resolve claims,disputes and other matters in question between them by mediation..A request for mediation shall be made in writing,delivered to the other party to this Agreement..The request may be made concurrently with the filing of a complaint but,in such event,mediation shall proceed in advance of binding dispute resolution proceedings,which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. § 8.2.3 The parties shall share the mediator's fee equally.The mediation shall be held in the place where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2,the method of binding dispute resolution shall be the following: (Check the appropriate box.) [ ] Arbitration pursuant to Section 8.3 of this Agreement [ X ] Litigation in a court of competent jurisdiction located in Dakota County Minnesota [ ] Other: (Specify) § 8.3 Arbitration (Paragraphs deleted) ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement,such failure shall be considered substantial nonperformance and cause for suspension of performance of services under this Agreement.If the Architect elects to suspend services,the Architect shall give seven days'written notice to the Owner before suspending services.In the event of a suspension of services,the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services.Before resuming services,the Owner shall pay the Architect all sums due prior to suspension.The Architect's time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project,the Architect shall be compensated for services performed prior to notice of such suspension.When the Project is resumed,the Architect's time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days'written notice. § 9.4 Either party may terminate this Agreement upon not less than thirty(30)days'written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. Init. AIA Document B133-2019 Copyright©2014,and 2019 All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This document was produced at 16:04:50 ET on 01/04/2024 under 18 Order No 2114498321 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1699573815) § 9.5 The Owner may terminate this Agreement upon not less than thirty(30)days'written notice to the Architect for the Owner's convenience and without cause. § 9.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5,or the Architect terminates this Agreement pursuant to Section 9.3,the Owner shall compensate the Architect for services performed prior to termination, Reimbursable Expenses incurred,and costs attributable to termination,including the costs attributable to the Architect's termination of consultant agreements. § 9.7 (Paragraphs deleted) Except as otherwise expressly provided herein,this Agreement shall terminate two years from the date of Final Completion of the Project. § 9.8 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7. (Paragraph deleted) ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located,excluding that jurisdiction's choice of law rules. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2017,General Conditions of the Contract for Construction as amended by the Owner,except as modified in this Agreement.The term"Contractor" as used in A201-2017 shall mean the Construction Manager. § 10.3 The Owner and Architect,respectively,bind themselves,their agents,successors,assigns,and legal representatives to this Agreement.The Architect shall not assign this Agreement without the written consent of the Owner.The Owner may assign this Agreement if the assignee agrees to assume the Owner's rights and obligations under this Agreement, including any payments due to the Architect by the Owner prior to the assignment. § 10.4 If the Owner requests the Architect to execute certificates,the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution.If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender,the Architect shall execute all such consents that are consistent with this Agreement,provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution.The Architect shall not be required to execute certificates or consents that would require knowledge,services,or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with,or a cause of action in favor of,a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement,the Architect shall have no responsibility for the discovery,presence, handling,removal or disposal of,or exposure of persons to,hazardous materials or toxic substances in any form at the Project site. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials.The Architect shall be given reasonable access to the completed Project to make such representations.However,the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary.The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project.This Section 10.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4. § 10.8 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions.If it is determined that any provision of the Agreement violates any law,or is otherwise invalid or unenforceable,then that provision shall be revised to the extent necessary to make that provision legal and enforceable.In such case the Agreement Init. AIA Document B133—2019.Copyright©2014,and 2019.All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AlA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:50 ET on 01/04/2024 under 19 Order No.2114498321 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail dodnfo@aiacontracts corn. User Notes: (1699573815) shall be construed,to the fullest extent permitted by law,to give effect to the parties' intentions and purposes in executing the Agreement. (Paragraph deleted) § 10.9 The Architect shall pay any subcontractor/consultant within ten days of the Architect's receipt of payment from Owner for undisputed services provided by the subcontractor/consultant. The Architect shall pay interest of one and one-half(1-1/2%)percent per month or any part of a month to the subcontractor/consultant on any undisputed amount not paid on time pursuant to this provision to the subcontractor/consultant. The minimum monthly interest penalty payment for an unpaid balance of one hundred($100.00) dollars or more shall be ten($10.00)dollars. For an unpaid balance of less than one hundred($100.00)dollars,the Architect shall pay the actual penalty due under this provision to the subcontractor/consultant. A subcontractor/consultant who prevails in a civil action to collect interest penalties from the Architect shall be awarded its costs and disbursements,including attorney's fees,incurred in bringing the action. § 10.10 Pursuant to Minnesota Statutes§13.05,subd. 11,all of the data created,collected,received,stored,used,maintained,or disseminated by the Architect in performing an owner's function under this Agreement is subject to the requirements of the Minnesota Government Data Practices Act,Minnesota Statutes Chapter 13,and the Architect must comply with those requirements as if it were a government entity. § 10.11 As the Architect is not the Owner's employee,the Architect is responsible for paying all required state and federal taxes. In particular,the Owner will not withhold FICA(Social Security)from the Architect's payments;will not make state or federal unemployment insurance contributions on the Architect's behalf;will not withhold state or federal income tax from payment to the Architect;will not make disability insurance contributions on behalf of the Architect;or will not obtain workers'compensation insurance on behalf of the Architect. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3,the Owner shall compensate the Architect as follows: .1 Stipulated Sum (Insert amount) $516,000.00 (Paragraphs deleted) (Table deleted) (Paragraphs deleted) § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants are set forth below. (If applicable, attach an exhibit of hourly billing rates or insert them below.) See attached Exhibit A for hourly rates. Init. AIA Document B133—2019.Copyright 02014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:50 ET on 01/04/2024 under 20 Order No.2114498321 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1699573815) § 11.8 Compensation for Reimbursable Expenses § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic, (Paragraphs deleted) and Additional Services and are those types of expenses identified in Exhibit A. (Paragraphs deleted) § 11.10 Payments to the Architect § 11.10.1 Progress Payments § 11.10.1.1 Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice.Monthly payments shall be based on(1)the percentage of Basic Services completed,(2)Additional Services performed(if any),and(3)Reimbursable Expenses incurred.Payments are due and payable 45 days from the date of the invoice.Invoiced amounts unpaid 60 days after the invoice date shall be determined overdue and shall accrue 1.5%simple interest per month. § 11.10.1.2 The Architect shall provide a schedule of values that allocates the stipulated sum identified in§ 11.1.1 among the scope of Architect's basic services identified in Article 3 herein.The schedule of values will be held by the parties to evaluate the Architect's invoices. (Paragraphs deleted) § 11.10.2The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect,or to offset sums requested by or paid to contractors for the cost of changes in the Work,unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.3 Records of Reimbursable Expenses,expenses pertaining to Additional Services,performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS (Paragraphs deleted) ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations,representations or agreements,either written or oral.This Agreement may be amended only by written instrument signed by both the Owner and Architect. § 13.2 This Agreement is comprised of the following documents identified below: .1 AIA Document B 133TM-2019,Standard Form Agreement Between Owner and Architect,Construction Manager as Constructor Edition (Paragraphs deleted) as amended by Owner. .2 Exhibits: Exhibit"A":Landscape Architect's Standard Hourly Rates&Reimbursable Expenses. (Check the appropriate box for any exhibits incorporated into this Agreement.) (Paragraphs deleted) .4 Other documents: (List other documents, if any,forming part of the Agreement.) This Agreement entered into as of the day and year first written above. OWNER(Signature) ARCHITECT(Signature) Init. AIA Document B133—2019.Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This document was produced at 16:04:50 ET on 01/04/2024 under 21 Order No.2114498321 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1699573815) Clint Hooppaw,Mayor Terry Minarik.Principal (Printed name and title) (Printed name, title, and license number, if required) OWNER(Signature) Pamela J.Gackstetter,City Clerk (Printed name and title) Init. AIA DocumentB133-2019 Copyright 02014,and 2019.All rights reserved The American Institute of Architects,""American Institute of Architects,""AIA,"the AlA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:50 ET on 01/04/2024 under 22 Order No.2114498321 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1699573815) Additions and Deletions Report for AIA®Document B133® —2019 This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added to the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from the original AIA text.Added text is shown underlined.Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document.This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 16:04:50 ET on 01/04/2024. PAGE 1 AGREEMENT made as of the l lth day of January in the year 2024 City of Apple Valley 7100 I47th Street W Apple Valley.MN 55124 Telephone Number:952-953-2500 Confluence,Inc. 901 North Third Street Suite 225 612-333-3702 Apple Valley Kelley Park 6855 Fortina St.Apple Valley.MN To be determined PAGE 2 § 1.1.1 _ :Project Overview: (Insert the Owner's program, identify documentation that establishes the Owner's program, or state the manner in which the program will be developed.) The Project includes professional design services,construction,and implementation of improvements to Kelley Park. The process will involve community engagement.city approvals,council and parks committee meetings and cost estimating.The Architect's project team will include Landscape Architecture.Architecture.Civil Engineering, Electrical and Mechanical Engineering.Geotechnical Engineering,Structural Engineering and Aquatic Engineering. The Project includes preliminary evaluation and preliminary design(concept design)and the preparation of Schematic Design.Design Development.and Construction Documentation for all park improvements as identified in the approved concept design.The Project may include a new performance area with stage and bandshell(including greenroom.sound system.storage space and video screen),new expanded playground structures and equipment with PIP surfacing,new expanded interactive splashpad.park building with storage and restrooms.food truck area with power andparking,basketball court,shelters,lawns,trails.landscape.hardscape.site furnishing,irrigation,lighting, Additions and Deletions Report for AIA Document B133—2019.Copyright©2014,and 2019 All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:50 ET on 01/04/2024 under Order No.2114498321 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts corn. User Notes: (1699573815) power stations.Technology(including programmable locks. Wi-Fi. fiber.cameras and cable tv),expanded parking. stairs.walls and public art This project is located at 6855 Fortino St.Apple Valley MN 55124. PAGE 3 Eight Million.Six I lundred Thousand and no/100 Dollars($8.6000.000.00)is the total budget for the Project.which includes an estimated Six Million Eight I lundred Eighty Thousand and no/100 Dollars($6.880.000.00)for the Cost of the Work defined in section 6.1 plus compensation of the Architect,plus the compensation of the Construction Manager.plus contingencies for changes in the Work,and plus any costs that are the responsibility of the Owner. .1 Design phase.if any: July 2024—March 2025 .2 Construction commencement date: May 2025—June 2026 July 2026 [ ] AIA Document A133-2019,Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price.Price.as amended by Owner. or [ ] AIA Document A134-2019,Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee without a Guaranteed Maximum Price.Price.as amended by Owner. § 1.1.6 f rtlxvrch below: Intentionally deleted. § 1.1.7 :Intentionally deleted. (Identify and describe the Owner's Suste cable Objective for the Projec. if any greement,rye Owner and A rchiteet shall : e the completed E234 2019 into the Sustainable Objective. Additions and Deletions Report for AIA Document B133—2019.Copyright©2014,and 2019> All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 2 16:04:50 ET on 01/04/2024 under Order No 2114498321 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1699573815) Eric Carlson 7100 147th Street W Apple Valley. MN 55124 952-953-2310 Eric.Carlson(u,appleval levm n.gov PAGE 4 Kayla Hechsel 7100 147th St W Apple Valley.MN 55124 952-953-2304 Kayla.hechsel@applevalleymn.gov .2 Land Surveyor: i Geotee cal Engineer: .4 Civil Engineer: • • To be determined. Ten-y Minarik 901 North Third Street Suite 225 612-333-3702 Mobile Number:952-451-0144 tminarik@thinkconfluence.com Additions and Deletions Report for AIA Document B133—2019 Copyright©2014,and 2019>.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 3 16:04:50 ET on 01/04/2024 under Order No 2114498321 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1699573815) .1 Structural Architect: Johnson Laffen Galloway Architects.LTD.d/b/a JLG Architects 710 S 2nd St 8'h Floor.Minneapolis.Minnesota.55401 .2 Civil Engineer: EVS Inc. 10025 Vallee View RD#140. Eden Prairie. Minnesota.55344 .3 Structural Eneincer: Nelson Rudie and Associates 9100 491'Ave N Minneapolis.Minnesota 55428 :2—.4 Mechanical Engineer: Nelson Rudie&Associates.Inc. 9100 49'1'Ave N Minneapolis,Minnesota 55428 .5 Electrical Engineer: Nelson Rudie&Associates. Inc. 9100 49'h Ave N Minneapolis.Minnesota 55428 .3 Electrical ERgineer:.6 Aquatic Eneinccr: reengineered inc. 8621 Edmonson Ave NE.Monticello.Minnesota 55362 .7 Geotechnical Engineer(as needed): Braun Intertee Corporation 11001 Hampshire Avenue South.Minneapolis.Minnesota 55438 PAGE 5 § 1.142,2-Ceftsulteats-Fetained-ofieleF-S-uppleineritai-SerNieresi § 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form."l he parties will use AlA Document E203T" 201 Building l+i-#o :. el, e d c Additions and Deletions Report for AIA Document B133—2019 Copyright m 2014,and 2019>.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 4 16:04:50 ET on 01/04/2024 under Order No.2114498321 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts corn User Notes: (1699573815) § 2.1 The Architect shall provide professional services as set forth in this AgfeereeptAgreement and the Construction Documents for the Project.The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement,or shall cause such services to be performed by appropriately licensed design professionals. § 2.3 The Architect shall provide its services in conjunction with the services of a Construction Manager as described in the agreement identified in Section 1.1.5.between the Owner and Construction Manager and Contract Documents for Project.The Architect shall not be responsible for actions taken by the Construction Manager. PAGE 6 § 2.6 Insurance.The Architect shall maintain the following insurance until termination of this Agreement.If any of the A rchiteet., set f..,1, i..Secti pay.theon 1 19 § 2.6.1 Commercial General Liability with policy limits of not less than one million dollars ($ 1,000,000.00 )for each occurrence and two million dollars ($ 2,000,000.00 )in the aggregate for bodily injury and property damage. § 2.6.2 Automobile Liability covering vehicles owned,and non-owned vehicles used,by the Architect with policy limits of not less than one million dollars ($ 1,000,000.00 )per accident for bodily injury,death of any person,and property damage arising out of the ownership,maintenance and use of those motor vehicles,along with any other statutorily required automobile coverage. § 2.6.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance,provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.6.1 and 2.6.2,and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy.The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers.Umbrella Liability:$3.000,000.00 each occurrenccl$3.000,000.00 aggregate. § 2.6.5 Employers' Liability with policy limits not less than two million dollars ($2,000,000.00 )each accident, two million dollars($2,000,000.00 )each employee,and two million dollars ($2,000,000.00 )policy limit. § 2.6.6 Professional Liability covering negligent acts,errors and omissions in the performance of professional services,with policy limits of not less than($)per-claim and—($ )`-the aggr five million dollars ($5,000,000.00 )per claim and five million dollars ($ 5,000,000.00 )in the aggregate.The Architect agrees that the deductible within its Professional Liability policy shall not exceed$200.000.00. § 2.6.7 Additional Insured Obligations.To the fullest extent permitted by law,the Architect shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Architect's negligent acts or omissions.The additional insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations.The Architect shall cause the primary and excess or umbrella policies for Commercial General Liability and Automobile Liability and Professional Liability policy to include a statement that such insurance cannot be cancelled until thirty(30)days after the Owner has received written notice of the intention to cancel the insurance. § 2.6.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section?6:Section 2.6 prior to commencement of Architect's Basic Services hereunder and prior to the expiration of the term dates identified on the certificates for the insurance listed thereon. Additions and Deletions Report for AIA Document B133—2019.Copyright©2014,and 2019> All rights reserved The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 5 16:04:50 ET on 01/04/2024 under Order No.2114498321 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts corn User Notes: (1699573815) § 3.1 The Architect's Basic Services consist of those described in this Article 3 and include usual and customary landscape,structural,civil,mechanical,aquatic and electrical engineering services. Services not set forth in this Article 3 are Supplemental or Additional Services. § 3.1.2 The Architect shall coordinate its services and its consultants'services with those services provided by the Owner,the Construction Manager,and the Owner's eensultants,consultants(if any).The Architect shall be entitled to rely on,and shall not be responsible for,the accuracy,completeness,and timeliness of,services and information furnished by the Owner,the Construction Manager,and the Owner's consultants(if any).The Owner,the Owner's consultants(if any),and Construction Manager shall be entitled to rely on.and shall not be responsible for the accuracy.completeness.and timeliness of the services and information furnished by the Architect and Architect's consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error,omission,or inconsistency in such services or infermatief.information furnished by the Owner,the Construction Manager.and the Owner's consultants(if any).The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any error,omission.or inconsistency in such services and information furnished by the Architect or the Architect's consultants. § 3.1.3 As soon as practicable after the date of this Agreement,the Architect shall submit,for the Construction and the Owner's review and approval,a schedule for the performance of the Architect's services. The schedule shall include design phase milestone dates,as well as the anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information.The schedule shall include allowances for periods of time required for the Owner's , selection of a Construction Manager.the Owners review of the schedule,for the performance of the Construction Manager's Preconstruction Phase services,for the performance of ' ,the Architect's consultants.for the performance of the Owner's consultants(if any).and for approval of submissions by authorities having jurisdiction over the Project.Once ,reviewed by both the Owner and Construction Manager and approved by the Owner after receipt of the Construction Manager's recommendation/comments,time limits established by the schedule shall not,except for reasonable cause,be exceeded by the Architect or Owner.With the Owner's approval,the Architect shall adjust the schedule,if necessary,as the Project proceeds until the commencement of construction. PAGE 7 § 3.2.2 Upon authorization by the Owner, .-. . .the Architect shall update the Drawings, Specifications,and other documents to incorporate the agreed upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment or Control Estimate. § 3.3.1 The Architect shall review the pfegramrproject overview,and other information furnished by the Owner and Construction Manager,and shall review laws,codes,and regulations applicable to the Architect's services. § 3.3.2 The Architect shall prepare a preliminary evaluation of the Owner's program,project overview,schedule, budget for the Cost of the Work,Project site,and other Initial Information,each in terms of the other,to ascertain the requirements of the Project.The Architect shall notify the Owner of(1)any inconsistencies discovered in the information,and(2)other information or consulting services that may be reasonably needed for the Project. 4 3.3.2.1 The Architect shall identify needs such as.but not limited to: .1 Development of landscape and hardscape areas in park. .2 Development of buildings.structures and required services for Pool Building.restrooms,pergolas, mechanical and storage facilities. .3 Utilities and infrastructure. .4 Technology including video screen,Wi-Fi,fiber,cameras,cable tv and programmable locks and card readers. Additions and Deletions Report for AIA Document B133—2019.Copyright©2014,and 2019>.All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 6 16:04:50 ET on 01/04/2024 under Order No 2114498321 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1699573815) .5 Plazas.patios.lawns and open space.circulation.and pedestrian access. .6 Develop ideas related to programming outdoor activities. .7 Relationship to existing adjacent development and trails. .8 Site furnishings. .9 Play structures with PIP surfacing. .10 Interactive water play and mechanical infrastructure(if needed). .11 Basketball.Pickleball.Tennis and games courts. .12 Site drainage.stormwater and green infrastructure. .13 Site and building lighting and electrical needs. .14 Site grading and wall structures. .15 Fencing,access,and security. .16 Pollinator and natural areas. .17 Park signage.wavfindina and monument sian with reader board for upcoming events. .18 Irrigation Concepts § 3.3.3 The Architect shall present its preliminary evaluation to the Owner and Construction Manager and shall discuss with the Owner and Construction Manager alternative approaches to design and construction of the Project. This shall include.but not be limited to,a preliminary concept meeting with the Owner's planning,engineering,and inspections staff.The Architect shall reach an understanding with the Owner regarding the requirements of the Project.The Architect and the Owner's staff shall meet in the preliminary evaluation process as needed upon the request of either the Architect or the Owner's staff. § 3.3.4 Based on the Project requirements agreed upon with the Owner,the Architect shall prepare and present,to the Owner and Construction Manager,for the Owner's approval,sari-design at least two preliminary design/concept design options illustrating the scale and relationship of the Project components.The Architect and the Owner's shall meet staff in the preliminary design/concept design process as needed upon the request of either the Architect or the Owner's staff. § 3.3.5 Based on the Owner's approval of the preliminary design,the Architect shall prepare Schematic Design Documents for Construction Manager's review and the Owner's approval.The Schematic Design Documents shall consist of drawings and other documents including a site plan,if appropriate,and preliminary building plans,sections and elevations;and may include some combination of study models,perspective sketches,or digital representations. The plans shall include,but not limited to: .1 Existing Conditions plan. .2 Site Grading and Utility plans. .3 Stormwater Management plan. .4 Site and Landscape plan with certificate of survey as the base. .5 Planting plans. .6 Site and Planting Details as needed. .7. Hardscape plans. .8 Architectural plans and elevations. a. Architectural Plans for restroom pavilion and bandshell. b. Overall Floor Plan(1/4"scale) c. Overall,Roof Plan(1/4"scalel d. Colored Exterior Elevations and a total of two(2)3D Concept Renderings to describe the schematic design. .9 Aquatic design for interactive water feature and splash pad for state review. .10 Playground and surfacing, .11 Site Furnishing and amenities. .12 Mechanical.electrical and technology requirements. .13 Proposed materials. .14 Outline Specifications. .15 Site Lighting Photometrics concepts. § 3.3.5.1 The Architect shall consider sustainable design alternatives,such as material choices and building orientation,together with other considerations based on program and aesthetics,in developing a design that is Additions and Deletions Report for AIA Document B133-2019.Copyright 0 2014,and 2019>.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This draft was produced at 7 16:04:50 ET on 01/04/2024 under Order No.2114498321 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts com User Notes: (1699573815) consistent with the Owner's program,schedule and budget for the Cost of the Work. PAGE 9 § 3.3.6 The Architect shall submit the Schematic Design Documents to the Owner and the Construction Manager.The Architect shall meet with the Construction Manager to review the Schematic Design Documents.The Architect and the Owner's staff shall meet in the Schematic Design Documents process as needed upon the request of either the Architect or the Owner's staff. § 3.4.1 Based on the Owner's approval of the Schematic Design Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Design Development Documents for the Owner and Construction Manager's review and the Owner's approval.The Design Development Documents shall be based upon information provided,and estimates prepared by,the Construction Manager and shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans,sections,elevations,typical construction details,and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural,mechanical and electrical systems,and other appropriate elements.The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. § 3.4.2 A public engagement process will occur during the Design Development Phase.which will include focus group meetings and public online and in person open houses with key stakeholders including.but not limited to the Apple Valley residents,Apple Valley Arts Foundation,Play groups and organizations, city council.staff,boards.and commissions.Public engagement will include up to 5 focus groups meetings and 2 to 3 in person open house events. Council and commission presentations will be done as necessary throughout the design process and public input will be made available on the Apple Valley Parks Social Pinpoint website. § 3.4.3 Prior to the conclusion of the Design Development Phase,the Architect shall submit the Design Development Documents to the Owner and the Construction Manager.The Architect shall meet with the Construction Manager to review the Design Development Documents.The Architect and Owner's staff shall meet in the Design Development Phase process as needed upon the request of either the Architect or the Owner's staff.Any Owner directed changes that significantly modify the Project design after the completion of the Design Development Phase.shall be deemed additional services billed at an hourly rate(See exhibit A)or on negotiated sum basis upon the Architect providing written notice to the Owner of any perceived additional services and the Owner's written approval thereof. 4 3.4.4 The Architect shall provide the Owner with two design resubmittals as required by the Owner. $ 3.4.5 The Architect shall provide the Owner with probable costs opinions through the Construction Documents Phase.Upon receipt of the Construction Manager's information and estimate at the conclusion of the Design Development Phase.the Architect shall take action as required under Sections 6.5 and 6.6 and request the Owner's approval of the Design Development Documents. PAGE 10 § 3.5.1 Based on the Owner's approval of the Design Development Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Construction Documents for the Owner and Construction Manager's review and the Owner's approval.The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Plans,Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work. l he Plans and Drawings shall include: Additions and Deletions Report for AIA Document B133—2019.Copyright©2014,and 2019>.All rights reserved. The American Institute of Architects,""American Institute of Architects,""AIA;'the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This draft was produced at 8 16:04:50 ET on 01/04/2024 under Order No.2114498321 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts com. User Notes: (1699573815) .1 Site preparation/demolition plan. .2 Layout plan(s). .3 Site grading and drainage plans,including a. Final subdivision plan; b. Existing conditions plan: c. Preliminary and final grading/drainage and stormwater pollution prevention plans. d. Preliminary and final utility plan:and e. Stormwater management plan. .4 Building and structures plans,including: a. Full,four(4)part project specifications; b. Building plans; c. Life safety and exiting diagrams: d. Reflected ceiling plans; e. Typical wall sections and key details enlarged: f. Roof plan;and e. Assistance with updating permits. .5 Mechanical.electrical and technology plans. .6 Interactive water feature plans and specifications. .7 Site furnishings&amenities plans. .8 Landscape and hardscape plans. .9 Irrigation performance specifications. .10 Detail drawings.includingj a. Construction details describing the materials,spatial relationships.connections,and finished suitable for constructing the Work; b. Specifications:and c. Lighting and photometric plans. § 3.5.3 During the development of the Construction Documents,if requested by the Owner,the Architect shall assist the Owner and Construction Manager in the development and preparation of(1)the Conditions of the Contract for Construction(General,Supplementary and other Conditions)and(2)a project manual that includes the Conditions of the Contract for Construction and Speeifieatien ,Specifications and may include sample forms. § 3.5.4 During the development of the Construction Documents,the Architect shall:(a)conduct Building Code review with building officials and State Officials:(b)review all Project site circulation and access with JOP.Inc..a consultant of the Owner,related to ADA issues:(c)prepare documents suitable for review for compliance with applicable governmental requirements and assist the Owner with submission to government agencies:and(d)address timely and applicable review comments received from government agencies and revise Contract Documents for compliance when required. § 3.5.5 Prior to the conclusion of the Construction Documents Phase.the Architect shall submit the Construction Documents to the Owner and the Construction Manager.The Architect shall meet with the Owner and Construction Manager to review the Construction Documents.The Architect and the Owner's shall meet staff in the Construction Documents Phase as needed upon the request of either the Architect or the Owner's staff.Any Owner directed changes that significantly modify the Project design after the completion of the Construction Documents Phase.shall be deemed additional services billed at an hourly rate(See exhibit A)or on negotiated sum basis upon the Architect providing written notice to the Owner of any perceived additional services and the Owner's written approval thereof. § 3.5.6 Upon receipt of the Construction Manager's information and estimate at the conclusion of the Construction Documents Phase,the Architect shall take action as required under Section 6.7.and request the Owner's approval of the Construction Documents. Additions and Deletions Report for AIA Document B133—2019.Copyright©2014,and 2019>.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 9 16:04:50 ET on 01/04/2024 under Order No.2114498321 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts corn. User Notes: (1699573815) PAGE 11 § 3.6.1.1 The Architect will assist the Owner and Construction Manager with the bidding process and bid review as needed.The Architect shall provide administration of the Contract between the Owner and the Construction Manager as set forth below and in AIA Document A201TM-2017,General Conditions of the Contract for Contruction 1 f the Construction as amended by the Owner. § 3.6.1.2 The Architect's responsibility to provide Construction Phase Services commences upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal,the Owner's approval of the Construction Manager's Control Estimate,or by a written agreement between the Owner and Construction Manager which sets forth a description of the Work to be performed by the Construction Manager prior to such acceptance or approval.Subject to Section" and pt Except as provided in Section 3.6.6.5,the Architect's responsibility to provide Construction Phase Services terminates on the date the Architect issues the final Certificate for Payment. § 3.6.1.3 The Architect shall advise and consult with the Owner and Construction Manager during the Construction Phase Services.The Architect shall attend and participate in pre-construction meeting(s)and weekly coordination meetings.The Architect shall meet with the Owner.Construction Manager and contractors as needed.The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement.The Architect shall not have control over,charge of,or responsibility for the construction means,methods,techniques,sequences or procedures,or for safety precautions and programs in connection with the Work,nor shall the Architect be responsible for the Construction Manager's failure to perform the Work in accordance with the requirements of the Contract Documents.The Architect shall be responsible for the Architect's negligent acts or omissions,but shall not have control over or charge of,and shall not be responsible for,acts or omissions of the Construction Manager or of any other persons or entities performing portions of the Work. § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, in Section 1.2.3,to become generally familiar with the progress and quality of the portion of the Work completed,and to determine,in general,if the Work observed is being performed in a manner indicating that the Work,when fully completed,will be in accordance with the Contract Documents.However,the The Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.The Architect shall visit the site for the purpose of conducting inspections related to the generation of a punchlist(s).substantial completion. final completion and warranty inspections.On the basis of the site visits,the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed,and promptly report to the Owner(1)known deviations from the Contract Documents,(2)known deviations from the most recent construction schedule submitted by the Construction Manager,and(3)defects and deficiencies observed in the Work. PAGE 12 , PAGE 13 § 3.6.4.4 SubjectSection" 2,the The Architect shall review and respond to requests for information about the Contract Documents.The Architect shall set forth,in the Contract Documents,the requirements for requests for information.Requests for information shall include,at a minimum,a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested.The Architect's response to such requests shall be made in writing within any time limits agreed upon,or otherwise with reasonable promptness.If appropriate,the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for information. Additions and Deletions Report for AIA Document B133—2019.Copyright©2014,and 2019>.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This draft was produced at 10 16:04:50 ET on 01/04/2024 under Order No.2114498321 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts corn User Notes: (1699573815) § 3.6.5.1 The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time.Subject-to Section 4.2,the The Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. PAGE 14 NA • § 4.1.1.1 Assistance with § 4.1.1.2 Programminc §-4.i,,.1.,3 Multiple Preliminar,'-Designs § 4.1.1.4 Measured drawings § 4.1.1.5 Existing facilities surveys construction use § 4.1.1.9 Civil engineering § A 1 i 10 t andscape design § A 1 1 11 Architectural interior_desi e § 4.1.1.12 Value analysis § 4.1.1.13 Cost estimating § 4.1.144 O o o e entatien §. Aii 16 As designed rd drawings § Aii 17 A s c ed record drawin n-..,,,magc_,s v ices § 4.1.1.20 Tenant related services § A i 1 22 11:e4e,.,, im- eutions/datzd ;^n T4,171.23 Securit_.o aluation and planni g §4.1.1.25 Sustainable Project Services o Seetio. " ' 3 §--4.1.1.26 Historic § 4.1.1.27 Furniture. furnishing and en' design 1 1 28 Other� idcd by ally Consulta is f: A 1 1 29 Other Supplemental S,n Service _: s NA PAGE 15 NA Additions and Deletions Report for AIA Document B133—2019.Copyright 0 2014,and 2019>.All rights reserved."The American Institute of Architects,""American Institute of Architects,'"AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 11 16:04:50 ET on 01/04/2024 under Order No.2114498321 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts corn. User Notes: (1699573815) The Architect may provide Additional Services s Section 1.2 shall Architect's schedule.as outlined in this Agreement upon receipt of written approval from the Owner. contractors; a the_Archit a.w.,thereto; .13 Servic Estimate;and ludea i,the n...ranteed�,axi .r Pric A..,....l merit „r Control r_stimat� by the Architect; Additions and Deletions Report for AIA Document B133—2019 Copyright©2014,and 2019>.All rights reserved "The American Institute of Architects,""American Institute of Architects,"AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 12 16:04:50 ET on 01/04/2024 under Order No 2114498321 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts com. User Notes: (1699573815) in-torm at ion. ...7o 0 ntation; Sefvieet --1. Construction Manager .2 ( )visits to the site by the Architect during construction sul 4 ( )i c ions f of the Work to determine fi al eo pletion § 5.5 The Owner shall furnish surveys to describe physical characteristics,legal limitations and utility locations for the site of the Project,and a written legal description of the site.The nd legal infarmat shall elu e benchmark ` § 5.6 The Owner shall oordinate the services of its own consultants(if any)with those services provided by the Architect.The Owner shall require that its consultants(if any)and contractors(if any)maintain insurance. including professional liability insurance.as appropriate to the services or work provided. Additions and Deletions Report for AIA Document B133—2019 Copyright©2014,and 2019> All rights reserved."The American Institute of Architects,""American Institute of Architects,'"AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This draft was produced at 13 16:04:50 ET on 01/04/2024 under Order No.2114498321 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts corn User Notes: (1699573815) § 5.7 The Owner shall 4-I:-,furnish tests.inspections and reports required by law or the Contract Documents,such as structural.mechanical. and chemical tests.tests for air and water pollution.and tests for hazardous materials. § 5.8 ' to-this-Areement.The Owner shall furnish all legal. insurance and accounting services. including auditing services. that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.9 The Owner shall . they Ser ice ..hen the Architect .ch na de provide prompt written notice to the Architect and Construction Manager if the Owner becomes aware of any fault or defect in the Project.including errors,omissions or inconsistencies in the Architect's Instruments of Service. § 5.10 The Owner shall include the Architect in all communications with the Construction Manager that relate to or affect the Architect's services or professional responsibilities.The Owner shall promptly notify the Architect of the substance of anv direct communications between the Owner and the Construction Manager otherwise relating to the Project.Communications hP, and w ith the Architect's consultants shall be through the Architect. § 5.11 The Owner shall coordinate the Architect's duties and responsibilities set forth in the Agreement between the Owner and the Construction Manager with the Architect's services set forth in this Agreement.The Owner shall provide the Architect a copy of the executed agreement between the Owner and Construction Manager.including the General Conditions of the Contract for Construction. § 5.12 The Owner shall provide Ceding the A rchitect•s Instruments of Service.the Architect access to the Project site prior to commencement of the Work and shall obligate the Construction Manager to provide the Architect access to the Work wherever it is in preparation or progress. § 5.13 . affect the Architect's .- efessional retif }' hitnrsectof the _Within a reasonable time after receipt of a written request from the Architect,the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate.give notice of.claims. copy of the executed agreemen, between the Owner and Construction Manage. including the a progress. Additions and Deletions Report for AIA Document B133—2019.Copyright©2014,and 2019>.All rights reserved The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 14 16:04:50 ET on 01/04/2024 under Order No.2114498321 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1699573815) § 6.1 For purposes of this Agreement,the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the A rch:teet and shall i efwle the Construction Mannager's a eral Architect.The Cost of the Work also includes the reasonable value of labor, materials,and equipment,donated to,or otherwise furnished by,the Owner.The Cost of the Work does not include the compensation of the Architect;the compensation of the Construction Manager,the costs of the land,rights-of-way,financing,or contingencies for changes in the Work;or other costs that are the responsibility of the Owner. PAGE 16 § 6.3.1 If ere is a discrepancy exists between the Construction Manager's cost estimates and the Architect's cost estimates,the Architect and the Construction Manager shall work together to reconcile the cost estimates. PAGE 17 § 6.7 After incorporation of modifications under Section 6.6,the Architect shall,af,-ari-A-Eiffitienal-Sewieer make any required revisions to the Drawings,Specifications or other documents necessitated by the Construction Manager's subsequent cost estimates,the Guaranteed Maximum Price proposal,or Control Estimate that exceed the Owner's budget for the Cost of the Work,except when the excess is due to changes initiated by the Architect in scope,basic systems,or the kinds and quality of materials,finishes or equipment. § 7.1 The-Unless expressly covered by Section 7.2,the Architect and the Owner warrant that in transmitting Instruments of Service,or any other information,the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. § 7.2 The ' work product of Architect's services, including results.and all ideas,developments,and inventions which the Architect conceives or reduces to practice during the course of its performance under this Agreement and subsequently reimbursed for by the Owner for such work product shall be the exclusive property of the Owner.This information.and material,and any such inventions shall be deemed the Owner's proprietary information and shall not be disclosed to anyone outside of the Owner or used by the Architect or others without the prior written consent of the Owner. Provided,however,the Architect has the right to reuse such information and material in the normal course of its business and retains all rights in its standard drawing details and specifications,and in all field data,notes and databases. Other than reuse or modification by the Architect,the Owner waives all claims against the Architect resulting from any changes or reuse of such information and material. The Architect will furnish the Owner with electronic data versions of certain drawings or other written documents("Digital Data")compatible with the Owner's software(to the extent possible)unless otherwise agreed upon and/or provided in hard copy form. In the event of any conflict between a hard copy document and the Digital Data,the hard copy document governs. The Digital Data shall be prepared in the current software in use by the Architect and is not warranted to be compatible with other systems or software. Any Digital Data submitted by the Architect to the Owner is submitted for an acceptance period of 60 days("Acceptance Period"). Any defects that the Owner discovers during this period and reports to the Architect will be corrected by the Architect at no extra charge. For corrections of defects reported to the Architect after the Acceptance Period,the Owner shall compensate Architect on an hourly basis at Architect's billing rates set forth at Exhibit A. §--74-Tlie-Afelliteet-gfant&443-theOwner-44--nerlexelusive-tieeRse-te-use-the-Arehiteetls-instfuments-ef-Sewiee-selel.f and Additions and Deletions Report for AIA Document B133—2019.Copyright©2014,and 2019> All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This draft was produced at 15 16:04:50 ET on 01/04/2024 under Order No 2114498321 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com User Notes: (1699573815) § 7.3.1 In the event the Ow s tion arising te the extent n fitted b., law f trther a s to indemnif„and hold harmless the . . . lion 7.3.1 shall not apply if the Owner rightfully terminates this Agreement f r c nder Section n.t consultants. Agreement. § 8.1.2 To the extent damages are covered by property insurance,the Owner and Architect waive all rights against each other and against the contractors,consultants,agents and employees of the other for damages,except such rights as they may have to the proceeds of such insurance as set forth in AlA Document A201-2017,General Conditions of the Contract for Construction.Construction.as amended by the Owner.The Owner or the Architect,as appropriate, shall require of the Construction Manager,contractors,consultants,agents and employees of any of them,similar waivers in favor of the other parties enumerated herein. PAGE 18 § 8.2.1 Any claim,dispute,or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. ' However,the parties may proceed in accordance with applicable law to comply with the lien notiee or filing deadline:• filing deadlines such as statues of limitations.prior to resolution of the matter by .mediation. § 8.2.2 The Owner and Architect shall endeavor to resolve claims,disputes and other matters in question between them by .. Agreement-mediation..A request for mediation shall be made in writing,delivered to the other party to this A gneement.and filed. ith the. ntity•administer ionAgreement..The request may be made concurrently with the filing of a complaint hut,in such event,mediation shall proceed in advance of binding dispute resolution proceedings,which shall be stayed pending mediation for a period of 60 days from the date of filing,unless stayed for a longer period by agreement of the parties or court order. ' Additions and Deletions Report for AIA Document B133—2019 Copyright©2014,and 2019>.All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 16 16:04:50 ET on 01/04/2024 under Order No 2114498321 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com User Notes: (1699573815) § 8.2.3 The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the place where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof [ X ] Litigation in a court of competent jurisdiction located in Dakota County, Minnesota C jurisdiction. hall be administered by .. c o . §--&3 6ensolidation--er-Joinnder Additions and Deletions Report for AIA Document B133—2019.Copyright©2014,and 2019> All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 17 16:04:50 ET on 01/04/2024 under Order No 2114498321 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts com. User Notes: (1699573815) § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement,such failure shall be considered substantial nonperformance and cause for suspension of performance of services under this Agreement.If the Architect elects to suspend services,the Architect shall give seven days'written notice to the Owner before suspending services.In the event of a suspension of services,the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services.Before resuming services,the Owner shall pay the Architect all sums due prior to pension and any end the suspension.The Architect's time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project,the Architect shall be compensated for services performed prior to notice of such suspension.When the Project is resumed,the Archi.ect shall be a sated f r fred in the into ruption and-resu,:p of the fehite he Architect's time schedules shall be equitably adjusted. § 9.4 Either party may terminate this Agreement upon not less than seven thirty(30)days'written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven thirty(30)days'written notice to the Architect for the Owner's convenience and without cause. PAGE 19 § 9.7 plostiont-te-Seet•ion-94--. licensing fee.} .1 Termination Fee: Except as otherwise expressly provided herein.this Agreement shall terminate two years from the date of Final Completion of the Project. § 9.8 ramxce II tt e e es ided r ., ei th; r • The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7. arc set forth in Article 7 and Section 9.7. § 10.1 This Agreement shall be governed by the law of the place where the Project is located,excluding that jurisdiction's choice of law rules. the Federal A rbi ratio. Act shall , rn Section o § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2017,General Conditions of the Contract for Cefistfeetienr Construction as amended by the Owner.except as modified in this Agreement.The term"Contractor"as used in A201-2017 shall mean the Construction Manager. Additions and Deletions Report for AIA Document B133—2019.Copyright©2014,and 2019> All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects This draft was produced at 18 16:04:50 ET on 01/04/2024 under Order No 2114498321 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents"'Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1699573815) § 10.3 The Owner and Architect,respectively,bind themselves,their agents,successors,assigns,and legal representatives to this Agreement.Ne The Architect shall not assign this Agreement without the written consent of the Fr di••^ fnanci g f'er the Pr i'''"e-lend'^ Owner.The Owner may assign this Agreement if the assignee agrees to assume the Owner's rights and obligations under this Agreement,including any payments due to the Architect by the Owner prior to the assignment. § 10.8 "or"business ion-ef-this-The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. If it is determined that any provision of the Agreement violates any law.or is otherwise invalid or unenforceable.then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Agreement shall be construed.to the fullest extent permitted by law.to give effect to the parties' intentions and purposes in executing the Agreement. C' ` ae -r4 f t, ' ,et f rth : h tis Section o 10 § 10.9 The i if it is d ,r i „r',he "g_eee ent , ol. that-pftwision-Fkia11--ne-r-eyiseel-40-.the-eNtent-necessapp-te--nialit=41+at-prov-ision-legal-and-enfereeable1n-s+teli-ease-the tose -in executing the.Agreement.Architect shall pay any subcontractor/consultant within ten days of the Architect's receipt of payment from Owner for undisputed services provided by the subcontractor/consultant. The Architect shall pay interest of one and one-half(1-1/2%)percent per month or any part of a month to the subcontractor/consultant on any undisputed amount not paid on time pursuant to this provision to the subcontractor/consultant. The minimum monthly interest penalty payment for an unpaid balance of one hundred(S100.00)dollars or more shall be ten(S10.00)dollars. For an unpaid balance of less than one hundred (S100 00)dollars.the Architect shall pay the actual penalty due under this provision to the subcontractor/consultant. A subcontractor/consultant who prevails in a civil action to collect interest penalties from the Architect shall be awarded its costs and disbursements,including attorney's fees.incurred in bringing the action. § 10.10 Pursuant to Minnesota Statutes§13.05,subd. 11,all of the data created,collected,received.stored.used,maintained.or disseminated by the Architect in performing an owner's function under this Agreement is subject to the requirements of the Minnesota Government Data Practices Act. Minnesota Statutes Chapter 13,and the Architect must comply with those requirements as if it were a government entity. § 10.11 As the Architect is not the Owner's employee.the Architect is responsible for paying all required state and federal taxes. In particular.the Owner will not withhold FICA(Social Security)from the Architect's payments:will not make state or federal unemployment insurance contributions on the Architect's behalf;will not withhold state or federal income tax from payment to the Architect;will not make disability insurance contributions on behalf of the Architect:or will not obtain workers compensation insurance on behalf of the Architect. PAGE 20 $516,000.00 .2 Percentage Basis Additions and Deletions Report for AIA Document B133—2019 Copyright©2014,and 2019> All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 19 16:04:50 ET on 01/04/2024 under Order No.2114498321 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts.com User Notes: (1699573815) {Insert percentage value) .3 Other +rsation) • •ed ..f to Sect: A 1 the O. shall th A rehi ,1 f llo compensation a�+..) . O Services.) ei+m-peftsiition-fef-eaeli-phese-of-sefviees-sha44-be-as-fo-l-lowsi Schematic Design Phase percent ( 444 percent ( C Do P a percent ( 444 Construction Phase percent ( one hundred percent ( 4-00 pio eae-h-12hese-e-f-Sen4eesas-appropfiate: performed.:hether„ the Construction Phase: e.1 § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants are set forth below.The Additions and Deletions Report for AIA Document B133—2019 Copyright©2014,and 2019> All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 20 16:04:50 ET on 01/04/2024 under Order No.2114498321 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com User Notes: (1699573815) See attached Exhibit A for hourly rates. 0) PAGE 21 § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic, and-inel-ude-ex-pen-ses-ineufred-by-theAfel+itee-t-and-theA-Fehiteetzs-eensultants-diFee. Felated4e-the-Pfejec+-as fellewsi . ; and extranets; iediction over the Project: Pr mod, ct; plo nd: dard f rm doc ^ntss: .5 Postage.handling,and delivery; expen. ems; .10 Site office expenses; . neeessapf achieve the Sustainable :Ob:ective and .12 Other sir,n„ilar r-;Tjeet-related expenditures.and Additional Services and arc those types of expenses identified in Exhibit A. e Architec s-e sultants pl . ercent 9 fz § 11.10.1 Initial-Payments $ 11.10.1 Progress Payments § 11.10.1.1. . . .Unless otherwise aereed. payments for services shall be made monthly in proportion to services performed.Payments are due and payable upon presentation of the Architect's invoice. Monthly payments shall be based on(1)the percentage of Basic Services completed.(2)Additional Services performed(if any),and(3)Reimbursable Expenses incurred. Payments are due and payable 45 days from the date of the invoice. Invoiced amounts unpaid 60 days after the invoice date shall be determined overdue and shall accrue 1.5%simple interest per month. § 11.10.1.2 (S )sha Authorit The Architect shall provide a Additions and Deletions Report for AIA Document B133—2019.Copyright©2014,and 2019>.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 21 16:04:50 ET on 01/04/2024 under Order No 2114498321 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts.com User Notes: (1699573815) schedule of values that allocates the stipulated sum identified icd in§ 11.1.1 among the scope of Architect's basic services identified in Article 3 herein.The schedule of values will be held by the parties to evaluate the Architect's invoices. after-the-inveie . ate ai- g f-Inse+t-rate w an ,e _r rd seFY-iees -• § 11.10.2The Owner shall not withhold amounts from the Architect's compensation to impose apenalt\ or liquidated damages on the Architect.or to offset sums requested by or paid to contractors for the cost of changes in the Work, unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.3 Records of Reimbursable Expenses.expenses pertaining to Additional Services.performed on the basis of hourly rates shall be available to the Owner at mutuall\ convenient times. .1 AIA Document B 133TM-2019,Standard Form Agreement Between Owner and Architect,Construction Manager as Constructor Edition as amended by Owner. .2 Exhibits: Exhibit"A": Landscape Architect's Standard Hourly Rates& Reimbursable Expenses. .3 Exhibits: (Check the appropriate box for any exhibits incorporated into this Agreement.) { ] AlA Document E234T„ 2019.Sustainable Projects Ex ' (Insert tt.., l e orhe r. 3_t 0to :neon.,..,,a ,ta. r {— A—Other Exhibits incorporated into this Agreement: rto-this-1 r ement-into PAGE 22 Additions and Deletions Report for AIA Document B133—2019 Copyright O 2014,and 2019>.All rights reserved "The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 22 16:04:50 ET on 01/04/2024 under Order No.2114498321 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1699573815) Clint Hooppaw,Mayor Terry Minarik,Principal OWNER(Signature) Pamela J.Gackstetter.City Clerk (Printed name and title) Additions and Deletions Report for AIA Document B133—2019.Copyright©2014,and 2019> All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This draft was produced at 23 16:04:50 ET on 01/04/2024 under Order No.2114498321 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1699573815) Certification of Documents Authenticity AIA®Document D401 TM —2003 I,Terry Minarik,hereby certify,to the best of my knowledge,information and belief,that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 16:04:50 ET on 01/04/2024 under Order No.2114498321 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA®Document B 133TM—2019,Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition,other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D401—2003.Copyright©1992 and 2003.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:50 ET on 01/04/2024 under Order No 2114498321 which expires on 01/02/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (1699573815) • ITEM: 4.W. ••••• • ••• COUNCIL MEETING DATE: January 11, 2024 Apple Valley SECTION: Consent Agenda Description: Approve Third Amendment to Antenna Lease Agreement with Dakota County for Palomino Lattice Tower Staff Contact: Department/ Division: Brian Skok, Public Works Superintendent- Utilities Utilities Division ACTION REQUESTED: Approve third amendment to Antenna Lease Agreement with Dakota County for Palomino Lattice Tower. SUMMARY: The attached lease amendment is for Dakota County to replace and maintain their 800 MHz Countywide public safety radio communication system. The work includes the removal of and replacement of four (4) existing antenna, in their same location. The amendment has been approved by the City Attorney. The replacement plans have been reviewed and approved by KLM Engineering. BACKGROUND: On December 19, 2006, an antenna lease agreement was approved with Dakota County, for ground equipment and antennas on the Palomino Lattice Tower site located at 7738 128th St W. The first lease amendment was approved on July 14, 2011, the second amendment was approved on, March 25, 2021. BUDGET IMPACT: N/A ATTACHMENTS: Agreement THIRD AMENDMENT TO THE ANTENNA LEASE AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF APPLE VALLEY WHEREAS,on December 19,2006,the City of Apple Valley("City")and the County of Dakota ("County")executed an Antenna Lease Agreement("Lease");and WHEREAS,on September 2,2011,the City and the County executed the First Amendment to the Lease to install Communications Equipment as identified and described in Exhibit Clthereto;and WHEREAS,on March 25,2021,the City and the County executed the Second Amendment to the Lease to install and reposition Communication Equipment as identified and described in Exhibit C2 thereto;and WHEREAS,the County desires to replace certain existing Communication Equipment on the Property, which are identified and described on Exhibit A,attached hereto and incorporated herein,with new Communication Equipment identified and described on Exhibits B and C,attached hereto and incorporated herein,at the same locations and positions of their predecessor;and WHEREAS,the City and the County desire to amend the terms of the above entitled Lease to identify the new Communication Equipment identified and described in Exhibits B—C herein;and WHEREAS,the Lease provides that any alterations,variations,modifications,or waivers of provisions of the Lease shall only be valid when they have been reduced to writing as an amendment to this Lease and signed by the parties;and NOW,THEREFORE,in consideration of the mutual covenants contained herein the parties agree as follows: 1. The City approves the County's removal of the four antennas identified in Exhibit A hereto and one tower top amplifier housing from the Reservoir space and ground space,and install the four new antennas and one tower top amplifier housing identified and/or described in Exhibits B-C hereto in the same locations as the equipment removed. The County may take all actions reasonably necessary or advisable to install and maintain the new antennas and tower top amplifier housing in a manner consistent with the terms of the Lease.This includes,without limitation,the ability to test the County's Communication Equipment on the Property and ensure that they are functioning as intended. 2. The County shall coordinate the removals and installations identified herein in advance with the City and shall not interfere with other users or the City's use of the Property. 3. To the extent that any of the above described actions have already taken place,the parties hereby ratify those actions and grant that they were expressly authorized and allowed. 4. All other terms of the Lease shall remain in full force and effect. 5. In any case where this Amendment conflicts with the Lease,this Amendment shall prevail. Approved by the City Council CITY OF APPLE VALLEY Date By: Resolution No. Clint Hooppaw,Mayor Date of Signature Attest: By: Pamela J.Gackstetter,Clerk Date of Signature 1 Approved by Dakota County Board COUNT OF lA AKKAA:t , Resolution No. By Matt Smith County Manager Date of Signature December 18,2023 Dakota County Attorney's Office Approved as to Form Dakota County Judicial Center 1560 Highway 55 By /s/ William M. Topka 12/18/23 Hastings,MN 55033 Assistant Dakota County Attorney 651-438-4438 KS-23-674 2 EXHIBIT A BROADBAND ANTENNA 9 tiJ.:an1 MINIMUM GAIN BdBd 746 MHz ..© ' VON el/W • ` ,���illieleiff �� 101-83B-09-0-03/03N ♦ Electrical Specifications �; ��.0l�,,z t�� ,,��� '�� Frequency Range 746-869 MHz •�1` `�1 ,.7 •�!�_�• Gain 9 dBd ±1 dB Power Rating 1000 W # — �� 1 � �7•= Operating Bandwidth 123 MHz .014r1;� MI „ ii VSWR,full BW 123 M ♦ �j��j 4411104.4117. ,_� ♦ Impedance 50 ohms '•.��"�a.la ��.•. Vertical Beamwidth 9°+1° ''..:�:.... Downtilt 0°Consult Factory for Downtilt Options ''.■.. Pattern Omnidirectional Lightning Protection Direct low-Z ground with isolated center conductor 8.5 dBd Connector 7/16 DIN Female(-03N-N Female) 806 MHz .. eg ♦♦1111101e/it ,�0 , a,.. Quantity (4) antennas for removal wk_♦ O, sWi ♦ , ' 101-838-09-0-03/03N :> Mechanical Specifications ii4 Sr,t I � Rated Wind Velocity 225 mph � ,.�� �.� RWV with rh in. Ice 200 mph ���:►� ��� � �.� Equivalent Flat Plate Area 2.0 ftz �* /M���� �����. Lateral Thrust @ 100 mph 74.5 Ibf ♦'.�Q:���=:v�:®®.. Overall Length 10 ft '...♦._.♦... Weight 45 Ibs '� :. Radome Diameter 3.57 in. 9 dBd 869 MHz .. 4dBd .' 6 dBd _, ..„-___-__iiiiiiiatioannt.-A—0 sty 1.,,,,?Agri $1k#11:.# 1 '4' ' i..•. so. TX RX Systems Inc. iniAR ''� :.. A Member of Bird Technologies Group r P 8625 Industrial Parkway,Angola,NY 14006 Tel:716-549-4700 Fax:716-549-4772 D5006G02V2.1 E-mail:sales@txrx.com or techsupport@lxrx.com 7/29/0415:00 Website:http:uwww.ixrx.com EXHIBIT A p. 1 of 2 4• �f t. • .4 `+�+ \�, .1 % ',t 4 • 11111.. -t{ ' S r +Y/ j, ze.k. .�'..- '. I/'4. :jT _• •M® .��.. till f.. a jA! .`�""`'n3,'s ,� ._�........,.p,a, ,--_ �ff1� _-._. i SY, _ " '� I ! 7. vs• 7 �K R.Y I -.. t - ,* -,f. 5'4 4.- 2 -4:-, t -, ,•,' - f ' -_ •v . •4'. • •fly p ` i f z x - _ •,•w,,'. ''' • _... .4`._ __ - ,`..1I,- Il I. }'_x 44 ..Y . .b, tr M - - ,1V t,; ..P.'''.tr''' - \-. :Itar-.-v ' - ' '''-. . - sa ' „_ ,a +.? ._, *ki;A z Nr,- .' 1. IL ' _ i„.:, Ai w 4: .,,..: .1' r1 ri n co , P a 0 C ; n _,i OD <;I_ ii , i ... , ,. .„ ; CO - tY s Y.'.•at,Y_ EXHIBIT A p. 2 of 2 • y" EXHIBIT B "'• ANTENNA SITE APPLICATION Applell City of Apple Valley 7100 147' Street W. Valley Apple Valley, MN 55124 This is a lifecycle preventative maintenance request to replace four (4) antennas and one (1) Tower Top amplifier housing at the Palomino tower site with new equipment having smaller footprint and reduced weight. Site/Location: ❑ Longridge Reservoir ❑ Nordic Reservoir ❑ Valleywood Reservoir 8351 —160th Street W. 13099 Foliage Avenue 4863 McAndrews Road ❑ Palomino Site ❑ Quarry Point Site ❑ CMF Monopole 7738— 128th Street W. 5551 —160th Street W. 6440— 140th Street W. ►5 Lattice Tower ❑ Reservoir ❑ Water Tower ❑ Monopole Wireless Carrier: Dakota, County of (Complete corporate name of Lessee) 1. Name of Applicant: Dakota, County of 2. Address of Applicant: 1590 Highway 55, Hastings, MN 3. Contact person for Applicant: Telephone: Mobile: Email: 4. Technical Advisor (A&E firm): Telephone: Mobile: Email: 5. Proposed Radio Band: VHF & 800 MHz (both existing) 6. Propose Radio Frequency(s): Separate list attached (Specify or attach a separate list) 7. Type of Service (SMR, ESMR, PCS, Cellular, Two-Way Paging, Microwave, Wi-Fi, WiMAX, etc.) Local and regional public safety trunked and VHF conventional public safety 8. Unlicensed spectrum? Y/ N (Circle One) If yes, identify in detail the portions of the project to use an unlicensed spectrum. Designate this as an Attachment. Initial here to indicate Attachment has been included. EXHIBIT B p. 1 of 4 If utilizing a Distributed Antenna System (DAS), provide Radio Frequency Coverage Maps prepared by the FCC Licensee(s). Not applicable 9. Will this site be interconnected via radio frequency transmissions to any other site or sites now constructed, proposed or anticipated Y/ N (Circle One) Two (2) existing microwave links are presently installed and will remain unchanged. Interconnection includes one or more radio frequency links for the purpose to provide for"back- haul" from this site to a switching center or centralized node location. If yes, what will the method of interconnection be? If yes, attach details and specifications. 10.Antenna equipment—Attach applicable specifications. Lifecyle (one-for-one) replacement of 800 MHz antennas and TTA (tower top amplifier) as permitted by County's lease. A. Number of antennas Current _4 New _4 (remove 4 then install 4 replacements in same locations) B. Number of zones All LMR antennas are omni pattern. 3 Transmit & 1 Receive antenna C. Antenna dimensions_See attached CC807 cut sheet D. Antenna type, manufacture & model no. RFI Americas CC807 cut sheet E. Number of Radio Units Current 16 New F. Radio Unit dimensions_inside shelter G. Radio Unit type, manufacture & model no. Motorola GTR8000 H. Transmission line or cable manufacture & model no. CommScope (no change) I. Size of cables Number of cables J. Antenna location on the tower: See attached exhibit 0 - 360° (N, S, E, W, NE etc. or specify the exact antenna azimuths) K. GPS Antenna Y/ N (Circle One) System utilizes Qty (2) GPS antennas attached to County's feedline "ice bridge". No change If yes, provide size, Dimensions and Weight: 11. Dish equipment—Attach applicable specifications No change to existing dishes or waveguide. A. Number of dishes Dish dimension . Microwave? Y/ N (Circle One) Satellite? Y/ N (Circle One) B. Dish type, manufacture & model no. C. Transmission line or cable manufacture & model no. D. Size of cables Number of cables E. Dish location on tower: Initial here to indicate specifications are attached. 12. Ground equipment—Attach applicable specifications No change to existing ground lease. A. Square feet required B. Inside Tower? Y/ N (Circle One) Inside Lessee building? Y/ N (Circle One) Outside? Y/ N (Circle One) EXHIBIT B p. 2 of 4 Antenna Site Application 2 of 4 C. Number of cabinets Cabinet dimensions D. Number of air conditioners _2 Air conditioner description Bard (no change) E. Generator on site? Y/ N (Circle One) If yes, provide type, size and where to be located. F. Isolator manufacturer & model no. G. Duplexer manufacture & model no. H. Filters manufacturer & model no. I. Controls used in addition to the transmitter/receiver cabinet(s)? Y/ N (Circle One) If yes, how many? manufacture & model no. Initial here to indicate specifications are attached. J. Enclosure around cabinet Type 13. Desired date of operation: System is in current operation; lifecycle maintenance activity requested ASAP to facilitate reliable public safety radio communications for City, County, and regional users. 14. Description of scope of Work (Example:_lnstall 3 new radio units, relocate 3 antenna, add new power plant, remove equipment) This is a one-for-one lifecycle maintenance replacement of Qty (4) 800 MHz omni antennas and Qty (1) outdoor TTA (tower top amplifier) housing. These antennas are used by County and City's public safety responders in day-to-day radio communication. Both the replacement antennas and the TTA have a reduced footprint and lighter weight (wind load) from existing equipment operated by the County. Old antennas and TTA cabinet will be removed from the tower. New antennas and equipment will be installed in its place, in the same positions, as anticipated and permitted by the lease between City and County. Similar lifecycle maintenance replacements have already been performed by the County on municipal structures in Burnsville, Eagan, Lakeville, West St. Paul, and on State owned towers in Rosemount and Hastings. EXHIBIT B p. 3 of 4 Antenna Site Application 3 of 4 READ CAREFULLY BEFORE SIGNING The undersigned agrees and acknowledges that in addition to the Antenna Site Application Fee, the applicant is responsible for all costs associated with the applicant's proposed system that is to be installed on City property, whether or not the application results in a lease or lease agreement. Costs may include, but are not limited to the following: 1. Interference analysis and inter-modulation study by the Engineering/Communications Consultant of the City. 2. Review of construction plans by the Engineering/Communications Consultant of the City. 3. Review of lease agreement by the City's Attorney. 4. Inspection time by the Engineering/Communications Consultant of the City. 5. Site Coordination of any items (examples: antennas or utilities) performed by the City or its Engineering/Communications Consultant. 6. Surveying, if required. 7. Utility Service by local utilities to bring or upgrade electrical or telephone service to the property for the use by the applicant. 8. All required permitting and licensing fees. A certified check in the amount determined by the City will be required at the time of submittal of the installation plans. These escrow funds will be utilized by the landlord to pay expenses related to professional services necessary for the review of the installation plans and construction (Items 1-6 of the list above) by the Engineering/ Communications Consultant and City Admin Fee. Unused escrow funds will be returned to tenant at the completion of the antenna installation. Signature of Wireless Carrier: Date: 8/1/2023 (Futur sgbe, not Applicant) Name and Title of Signer: Name: Jeff Nelson Title: President (Please Print Clearly) Checks are to be made payable to: City of Apple Valley 7100 - 147th Street W. Apple Valley, MN 55124 Contact: Brian Skok - (952) 953-2400 THIS APPLICATION AND SUPPORTING DOCUMENTS WILL BE REFERENCED AS EXHIBITS TO THE SITE LEASE AGREEMENT. EXHIBIT B p.4 of 4 Antenna Site Application 4 of 4 EXHIBIT C CC807 Series 7/800 MHz Corporate Collinear Antennas 746-870 MHz R F I These industry leading PIM and PIP rated collinear arrays allow site operators to combine,with complete integrity, a large number of communications services into a single, low profile collinear antenna array. The true corporate feed of these arrays maintains total pattern integrity over a very broad operating bandwidth, similar to that previously available only in exposed dipole configurations.This is now achieved in the preferred form factor of a fully enclosed fiberglass radome.The corporate collinears employ a unique corporate phasing system enabling precision control of the element placements ensuring phase purity resulting in exceptional bandwidth and electrical performance . Gain is maximized and side lobes reduced dramatically. In a patent pending design approach the individual dipole elements including matching network are fabricated entirely of a flexible circuit board.The dipole elements are soldered to a brass support tube which is directly connected to the mounting tube and the lightning spike at the top of the antenna. The result of this unique, incredibly strong design is: • Peak Instantaneous Power rating (PIP)25 kW • Passive Intermodulation rating (PIM) -150 dBc • High continuous power rating • Extraordinary bandwidth characteristics with superior pattern control • Field invertible(most models) USA patent:7,365,698 AC Australia patent:2005904524 • v.0146 EXHIBIT C p. 1 of 2 RFI 2023 Case Parkway North Twinsburg,OH 44087 Phone:330 486 0706 Fax: 330 486 0705 Copyright RF Industries Pty Ltd 2013.Subject to change without notice. P-41334-1 1 rfiamericas.com CC807 Series I& 7/800 MHz Corporate Collinear Antennas ( ..- 746-870 MHz R F I Electrical Specifications Model Number CC807-03 CC807-06 CC807-08 CC807-11 Nominal Gain dBd(dBi) 3(5.1) 6(8.1) 8(10.1) 10.5(12.6) Frequency MHz 746-870 Tuned Bandwidth MHz 124 VSWR <1.5:1 Nominal Impedance 0 50 Downtilt N/A 0°Std-5°(1) 0°Std-5°(1) 0°Std-5°(1) Vertical Beamwidth° 28 17 9 4.5 Horizontal Beamwidth Omni+/-0.5dB Input Power Watts 250 500 500 500 Passive IM 3rd order(2x20W)dBc -150 Peak Instantaneous Power kW 25 Mechanical Specifications Model Number CC807-03 CC807-06 CC807-08 CC807-11 Construction Composite fiberglass sky blue radome aluminum mounting tube Length inches 48 69 114 206 Weight lbs 9 16 27 49 Radome Diameter inches 3 Shipping Weight lbs 18 25 40 88 H 6 Shipping Dimensions W 6 inches L 56 75 119 220 Termination 7/16"DIN fixed female Invertible Mounting Yes(2) Suggested Clamps(not included) UC1143 No ice 0.9 1.4 2.5 4.9 Projected area M with ice 1.2 1.7 3.1 6.2 Lateral(Thrust)@ 100mph lbs 22 34 62 121 Wind Gust Rating mph >150 Torque @ 100mph ft-lbs 15 54 205 761 Note(1)Pre-set downtilt variations of 5 degrees are available in the following models CC807-08,CC807-11.Simply add-T5 at the end of the model being ordered.E.g.CC807-08-T5,CC807-11-T5 (2)Downtilt versions can not be field inverted. Typical VSWR Response Typical-E Plane leit 1 40 —•1111, iii* AP �3 ,.e ,63 na ,a3 �a av �a av �a ,� -�4�:_ �1 C Frequency MHz '°° �° RFI EXHIBIT C p. 2 of 2 2023 Case Parkway North Twinsburg,OH 44087 Phone:330 486 0706 Fax: 330 486 0705 Copyright RF Industries Pty Ltd 2013.Subject to change without notice. P-41334-1 2 rfiamericas.com Board of Commissioners Request for Board Action Item Number: DC-2804 Agenda#: 9.4 Meeting Date: 11/28/2023 DEPARTMENT: Office Of Risk Management FILE TYPE: Consent Action TITLE Authorization To Amend Lease Agreement With City Of Apple Valley On Palomino Antenna Tower Site For 800 MHz Radio Subsystem PURPOSE/ACTION REQUESTED Authorize amendment to the existing lease agreement with the City of Apple Valley for the radio shelter, equipment, and antennas at the Palomino radio site as part of the Dakota County 800 MHz subsystem. SUMMARY There are ten radio sites that comprise the Dakota County 800 MHz subsystem. Dakota County has partnered with several cities and the Minnesota Department of Transportation to locate the sites on existing water tanks or towers. Six of the ten sites are owned by cities, two sites are owned by the Minnesota Department of Transportation as part of the statewide 800WHz radio network and two sites are privately owned. Agreements are in place for the use of these radio sites as part of the Dakota County 800 MHz Radio Subsystem. The Palomino antenna tower agreement is an agreement in place between the City of Apple Valley and Dakota County. The co-locating radio equipment at the Palomino antenna site, located at 7738 128th Street West in Apple Valley, provides coverage for a central portion of Dakota County 800 MHz system. The antenna lease agreement requires pre-approval by the City of Apple Valley for any changes to equipment located at the radio site. Dakota County is preparing to replace the antennas located at the site. The City of Apple Valley has approved the replacement, however, requires an amendment to the existing lease agreement with Dakota County. The amendment references the changes to equipment located at the Palomino Site and there are no other changes to the lease agreement. The co-location of 800 MHz radio equipment at the Palomino site continues to be provided at no cost to the County. Use of an existing radio tower saves Dakota County approximately $400,000 in capital equipment costs. RECOMMENDATION Staff recommends that the Dakota County Board of Commissioners authorize the County Manager to approve the amended lease agreement with the City of Apple Valley as there are no other changes to the terms of the licensing document which was previously finalized and approved by the County Attorney's Office as to form. EXPLANATION OF FISCAL/FTE IMPACTS Dakota County Page 1 of 3 Printed on 11/21/2023 powered by LegistarTM Item Number: DC-2804 Agenda#: 9.4 Meeting Date: 11/28/2023 There is no change in the annual costs because of this Amendment to the Lease Agreement. Lease and operating costs are contained in the Office of Risk Management 2023 800MHz operating budget. o None ❑ Current budget ❑ Other ❑ Amendment Requested ❑ New FTE(s) requested RESOLUTION WHEREAS, the Dakota County Board of Commissioners has promoted partnerships to facilitate the construction of the Dakota County 800 MHz Radio Subsystem to minimize the overall operating costs; and WHEREAS, the County has installed and operates an 800 MHz radio site on an antenna tower adjacent to the City of Apple Valley water tower to provide radio coverage in the central portion of Dakota County in Apple Valley; and WHEREAS, the County has an existing lease with the City of Apple Valley to utilize the City's antenna tower to operate an 800 MHz radio site; and WHEREAS, the City of Apple Valley has requested an amendment to the lease agreement previously approved by the Dakota County Board of Commissioners for the co-location of 800 MHz radio equipment at the Palomino site; and WHEREAS, the amendment reflects changes in antenna equipment and updated site and equipment specifications; and WHEREAS, the remaining terms of the existing lease agreement remain unchanged; and WHEREAS, the Dakota County Board of Commissioners must review and approve all leases before they can be executed. NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Dakota County Manager to execute an Amendment to the lease agreement with The City of Apple Valley, subject to approval by the County Attorney's Office as to form. PREVIOUS BOARD ACTION 06-326; 8/22/06 18-521;10/09/18 ATTACHMENTS Attachment: None. BOARD GOALS ❑ A Great Place to Live ❑ A Healthy Environment ❑ A Successful Place for Business and Jobs ® Excellence in Public Service PUBLIC ENGAGEMENT LEVEL ❑ Inform and Listen 0 Discuss ❑ Involve Z N/A Dakota County Page 2 of 3 Printed on 11/21/2023 powered by LegistarTM Item Number: DC-2804 Agenda#: 9.4 Meeting Date: 11/28/2023 CONTACT Department Head: Jenny Groskopf Author: Jenny Groskopf Dakota County Page 3 of 3 Printed on 11/21/2023 powered by LegistarTM • ITEM: 4.X. • •• ••• ••• COUNCIL MEETING DATE: January 11, 2024 Apple Valley SECTION: Consent Agenda Description: Approve Change Order No. 13 for Apple Valley Fire Station#2 and Improvements to #1 & #3 Staff Contact: Department/ Division: Charles Grawe, Assistant City Administrator Administration/ Information Technologies ACTION REQUESTED: Approve Change Order No. 13 for Apple Valley Fire Station #2 and Improvements to #1 & #3 to various contractors in various amounts, and authorize the Mayor and City Clerk to sign contract documents. SUMMARY: The Apple Valley Fire Station#2 and Improvements to #1 & #3 project is using construction management services. As a result, the bid specification created 29 separate bid categories and 29 separate contracts. In addition, the City has a construction management contract with Terra. Attached is a proposal for Change Order No. 13 to the project contracts. The change order covers two issues summarized below. These issues result in changes to five of the contracts. The resulting changes to each contract are line itemized on the attached summary sheet. The total budget impact for the entire change is an addition of$2,086.70. The changes to the individual contract sums prior to the approval of the change and after the approval of the change order are detailed on the attached summary sheet. The project is under budget. Due to timing and scheduling, staff may grant prior approval of some of these items to keep the project moving on schedule. If prior staff approval is given, an explanation will be noted with the issue description. BACKGROUND: Item 1: Fire Station 2 Additional Room Identification Signage. Signage is found throughout the building to help both employees and public guests navigate around the building. There were a few areas in the training mezzanine that are not generally publicly accessible, but where Fire staff believed additional signage could be of benefit, such as the door to access the roof training area. Item 2: Fire Station 2 Second Floor Hallway Ceiling Revision. Multiple mechanical, electrical, and other systems pass through the plenum area above the hallway on the second floor. Due to conflicts with some of these systems in a relatively confined space, the solution was to lower the ceiling height by a few inches. While this change would have a minimal impact on the feel of the hallway itself, it would have a bigger impact on the second floor lobby area outside of the elevator, where lowering the ceiling in such a broad space could create an uncomfortable confining feeling. This change would create a bulkhead to retain the higher ceiling level outside the elevator space, very similar to what was designed in the Municipal Center hallways. As work on both of these issues was occurring this week, staff grant approval to proceed with both items to keep the project moving on schedule. BUDGET IMPACT: The total budget impact for the entire change is an addition of $2,086.70. See the attached summary for the list of cost changes by issue and by contract. ATTACHMENTS: Change Order Document(s) Apple Valley Fire Station #2 & Improvements to #1 & #3 Change Order Budget Impact Summary Sheet Change Order Number: 13 Council Meeting Date: 11-Jan-24 Costs by Construction Issue Prior Staff Item(s) Change Amount Summary Approval? 1 Addition $ 454.57 FS 2 Additional room identification signage yes 2 Addition $ 1,632.13 FS 2 Second floor hallway ceiling revision yes Total Cost Changes $ 2,086.70 Costs by Contract Contract Change Information Costs by Contract Contractor Previous Amount Change New Amount CO# 6A Carpentry Ebert, Inc. $ 451,334.85 $ 447.85 $ 451,782.70 6 9A Gypsum board RTL Construction, Inc. $ 340,832.08 $ 1,030.01 $ 341,862.09 2 9F Painting Mulcahy Nickolaus LLC $ 194,410.65 $ 228.00 $ 194,638.65 6 21A Fire Sprinkler Nova Fire Protection, Inc. $ 139,000.00 $ 350.00 $ 139,350.00 1 Const. Man. Fee Terra General Contractors LLC $ 205,856.18 $ 30.84 $ 205,887.02 13 Const. Man. Bill. Hours Terra General Contractors LLC $ 2,593.76 $ - $ 2,593.76 13 Total Cost Changes $ 2,086.70 • ITEM: 4.Y. ••••• • ••• COUNCIL MEETING DATE: January 11, 2024 Apple Valley SECTION: Consent Agenda Description: Approve Personnel Report Staff Contact: Department/ Division: Melissa Haas, Human Resources Manager Human Resources Division ACTION REQUESTED: Approve the personnel report. SUMMARY: The employment actions attached to this memo are recommended for City Council approval. BACKGROUND: The City Council's approval of the Personnel Report includes the ratification of the City Administrator's actions in carrying out the terms and conditions of the employment of the City personnel. BUDGET IMPACT: Budgeted positions. ATTACHMENTS: Personnel Report PERSONNEL REPORT City of Apple Valley January 11,2024 Human Resources EMPLOYMENT ACTIONS The following employment actions are recommended for City Council approval: First Last Base Pay Pay Pay Date Name Name Action Position Status Dept. Rate Type Scale (on or about) Casual, Collin Beane Rehire Facility Attendant Seasonal 1800 $ 15.00 Hourly C-01 1/15/2024 Acting Full-Time, Payton Hill Assignment Fleet Mechanic Regular 1530 $ 39.15 Hourly UFM 1/13/2024 Casual, Meghan Keating Hire Facility Attendant Seasonal 1800 $ 13.25 Hourly C-01 1/15/2024 Part-Time, Darrell Lindquist Hire Custodian Regular 1060 $ 22.00 Hourly PTMKT 1/16/2024 Acting Full-Time, Evan Lundeen Assignment Fleet Mechanic Regular 1530 $ 33.50 Hourly UFM 1/13/2024 Casual, Jacob Olsen Rehire Facility Attendant Seasonal 1800 $ 15.00 Hourly C-01 1/15/2024 Casual, Annelise Pamos Hire Facility Attendant Seasonal 1800 $ 15.00 Hourly C-01 1/15/2024 Casual, Daphne Smoley Hire Facility Attendant Seasonal 1800 $ 13.25 Hourly C-01 1/15/2024 Casual, Samuel Weinhaus Rehire Facility Attendant Seasonal 1800 $ 15.00 Hourly C-01 1/15/2024 Casual, Jeff Zimmerman Hire Seasonal Maintenance I Seasonal 1710 $ 18.50 Hourly SMI 1/8/2024 The Council's approval of the Personnel Report includes the ratification of the City Administrator's actions in carrying out the terms and conditions of the employment of the City personnel. Page 1 of 1 • ITEM: 4.Z. ••••• • ••• COUNCIL MEETING DATE: January 11, 2024 Apple Valley SECTION: Consent Agenda Description: Approve Claims and Bills Staff Contact: Department/ Division: Ron Hedberg, Finance Director Finance Department ACTION REQUESTED: Approve claims and bills. SUMMARY: Attached for City Council review and approval are check registers for recent claims and bills. BACKGROUND: N/A BUDGET IMPACT: Check registers dated December 20, 2023, and December 28, 2023, in the amounts of $1,689,908.69, and $1,663,923.40, respectively. ATTACHMENTS: Claims and Bills Claims and Bills R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/20/202310:23:27 Council Check Register by GL Page- 1 Council Check Register by Invoice&Summary 9/25/2023 -- 12/22/2023 Check# Dale Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 30548 12/22/2023 101557 AAA CREDIT SCREENING SVCS LLC 66.00 CREDIT CHECK FOR BACKGROUND 455280 216579 1210.6235 CONSULTANT SERVICES POLICE FIELD OPERATIONS/PATRO 66.00 30549 12/22/2023 150442 ADVANCED ENGINEERING&ENVIRO 822.50 WATER MODELING 455500 91403 2027.6235 2023108R CONSULTANT SERVICES ROAD ESCROW 2,613.33 SCADA SYSTEM REPAIRS 455395 91582 5365.6249 OTHER CONTRACTUAL SERVICES SEWER MGMT/REPORTS/DATA ENT 2,613.34 SCADA SYSTEM REPAIRS 455395 91582 5305.6249 OTHER CONTRACTUAL SERVICES WATER MGMT/REPORT/DATA ENTR' 2,613.33 SCADA SYSTEM REPAIRS 455395 91582 5505.6249 OTHER CONTRACTUAL SERVICES STORM DRAIN MNTC/RPR/SUMPS 8,662.50 30550 12/22/2023 100389 ALPHAGRAPHICS 10.25- LIQ USE TAX 455412 126136 5000.2330 DUE TO OTHER GOVERNMENT LIQUOR BALANCE SHEET 10.25 LIQ USE TAX 455412 126136 5005.6229 GENERAL SUPPLIES LIQUOR GENERAL OPERATIONS 64.70 BUSINESS CARDS 455412 126136 5005.6239 PRINTING LIQUOR GENERAL OPERATIONS 84.38 NAME BADGES 455412 126136 5005.6229 GENERAL SUPPLIES LIQUOR GENERAL OPERATIONS 149.08 30551 12/22/2023 153995 AMAZON CAPITAL SERVICES 90.83 FILTER FOR COFFEE MAKER 455127 1CKJR4QJYGKF 2270.6215 EQUIPMENT-PARTS GOLF FOOD&BEVERAGE 50.38- CREDIT MEMO-RETURNED ITEM 455403 1JGLXD6YV1FK 1030.6211 SMALL TOOLS&EQUIPMENT INFORMATION TECHNOLOGY 499,00 VACUUM CLEANER CMF 455481 1LWKPR3Y79Q1 1540.6211 SMALL TOOLS&EQUIPMENT CMF BUILDINGS&GROUNDS MNTC 250.14 CELL PHONE CASES 455454 1 LWKPR3YFFJ4 1210.6211 SMALL TOOLS&EQUIPMENT POLICE FIELD OPERATIONS/PATRO 28.66 JCRPE OFFICE SUPPLIES 455525 1MRMX7HDJ6GF 1715,6210 OFFICE SUPPLIES PARK ATHLETIC FIELD MAINTENAN( 141.68 DEGREASER AND SPRAYER 455128 1QF9NXL3QJCN 2240.6229 GENERAL SUPPLIES GOLF EQUIPMENT MAINTENANCE 65.44 WHITE BOARD COAT RACK 455114 1T6TPFYMR3M6 5365.6229 GENERAL SUPPLIES SEWER MGMT/REPORTS/DATA ENT 225.90 SAFETY EQUIP-CHAINSAW CHAPS 455392 1Y17WDHTQ9YL 1610.6229 GENERAL SUPPLIES STREET/BOULEVARD REPAIR&MN' 1,251.27 30552 12/22/2023 100709 BATTERIES PLUS BULBS 435.70 MONITORING WELL BATTERIES 455318 P68039773 5320.6215 EQUIPMENT-PARTS WATER WELL/BOOSTER STN MNT/F 704.58 SECURITY REPLACEMENT BATTERIES 455175 P68252037 5325,6215 EQUIPMENT-PARTS WATER TREATMENT FCLTY MNTC/R 1,140.28 30553 12/22/2023 100054 BAUER BUILT INC 541.44 SQUAD TIRES 455139 180297149 1210.6216 VEHICLES-TIRES/BATTERIES POLICE FIELD OPERATIONS/PATRO 483.45 DRIVE TIRE INSTALL#301 455317 518023979 1630.6265 REPAIRS-EQUIPMENT STREET EQUIPMENT MAINTENANCI 1,024.89 30554 12/22/2023 145553 BENCO EQUIPMENT 1,580 12 PORTABLE LIFT ANTENNAS 455316 406006926 1530.6215 EQUIPMENT-PARTS FLEET&BUILDINGS-CMF R55CKR2 LOGIS101 CITY OF APPLE VALLEY 1 2/2 0/2 0 2 31 0:23:27 Council Check Register by GL Page- 2 Council Check Register by Invoice&Summary 9/25/2023 -- 12/22/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 30554 12/22/2023 145553 BENCO EQUIPMENT Continued... 1,580.12 30555 12/22/2023 121014 BUCKEYE CLEANING CENTER 189.86 AVSA CLEANING SUPPLIES 455450 90547651 5210.6229 GENERAL SUPPLIES ARENA 1 BUILDING MAINTENANCE 189.86 HAYES CLEANING SUPPLIES 455450 90547651 5265.6229 GENERAL SUPPLIES ARENA 2 BLDG MAINTENANCE-HAY 379.72 30556 12/22/2023 158313 CITY WIDE FACILITY SOLUTIONS 2,895.00 MC CLEANING SERVICE NOV 455148 42009009824 1060.6240 CLEANING SERVICE/GARBAGE REMOVMUNICIPAL BLDG&GROUNDS MN] 2,895,00 30557 12/22/2023 150664 CLUB PROPHET SOFTWARE LLC . 248.00 CPS FOOD AND BEVERAGE DEC 455373 INV1880993 2270.6249 OTHER CONTRACTUAL SERVICES GOLF FOOD&BEVERAGE 546.00 CPS GOLF SERVICES DEC 455373 INV1880993 2210,6249 OTHER CONTRACTUAL SERVICES GOLF PRO SHOP 794.00 30558 12/22/2023 100100 CNH ARCHITECTS 6,045.81 FS 2 ARCHITECT FEES 455478 3013 4422.6235 2021170G CONSULTANT SERVICES '21 FACILITIES CIP 6,045.81 30559 12/22/2023 141474 COLE PAPERS INC. 462.65 TRIFLOD WHT TOWELSTP PLATES 455147 10371660 1060.6229 GENERAL SUPPLIES MUNICIPAL BLDG&GROUNDS MN] 707.30 PAPER TOWELS FORKS CUPS 455330 10377549 1540.6229 GENERAL SUPPLIES CMF BUILDINGS&GROUNDS MNTC 1,169.95 30560 12/22/2023 161046 COMMERCIAL FURNITURE SERVICES INC 24.51- AVCC SALES TAX ADJUST 455306 948440 1900.6229 GENERAL SUPPLIES AV COMMUNITY CENTER 24.51 AVCC SALES TAX ADJUST 455306 948440 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 368.51 OFFICE CHAIR 455306 948440 1900.6229 GENERAL SUPPLIES AV COMMUNITY CENTER 368.51 30561 12/22/2023 123296 CTM SERVICES 456.24 AVSA OLYMPIA PARTS 455470 6574 5215,6215 EQUIPMENT-PARTS ARENA 1 EQUIPMENT MAINTENANC 456.24 30562 12/22/2023 119052 CUSTOM HOSE TECH INC 289.31 SNOW PLOW REPAIR 455524 119485 1765.6229 GENERAL SUPPLIES PARK EQUIPMENT MAINTENANCE 289.31 30563 12122/2023 122849 DAKOTA 911 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/20/202310:23:27 Council Check Register by GL Page- 3 Council Check Register by Invoice&Summary 9/25/2023 -- 12/22/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 30563 12/22/2023 122849 DAKOTA 911 Continued... 73,281.00 POL DAKOTA 911 FEE-JAN24 455174 AV202401 1000.1560 PREPAID EXPENSES GENERAL FUND BALANCE SHEET 73,281.00 30564 12/22/2023 100128 DAKOTA ELECTRIC ASSOCIATION 54.44 COBBLESTONE LK PKY LIGHTS NOV 455264 200001029347NOV 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 23 215.35 QUARRY POINT TOWER NOV 455265 200001036888NOV 5320,6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/F 23 298.48 VALLEYWOOD MAINT BLDG NOV 455266 200001348960NOV 2230.6255 UTILITIES-ELECTRIC GOLF SHOP BUILDING MAINTENAN1 23 138.31 VALLEYWOOD RESERVOIR NOV 455267 200002244242NOV 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/F 23 12,436.86 FS 2 CONSTRUCTION COST 455468 200002442135OCT 4422.6810 2021170G CONSTRUCTION IN PROGRESS '21 FACILITIES CIP 23B 185.47 15298 153RD ST LIGHTS NOV 455268 200003155579NOV 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 23 71.18 15850 DRAWSTONE TRL LIGHTS NOV 455269 200003472842NOV 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 23 62.93 15750 DIAMOND WAY LIGHTS NOV 455270 200003472859NOV 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 23 43.51 15745 COBBLESTONE LK PKWY LIGH 455271 200003472867NOV 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 23 20.24 158TH/DIAMOND PATH MOONLIGHT N 455272 200003472875'NO 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND V23 95.22 COBBLESTONE LK PKWY LIGHTS NOV 455277 200003571957NOV 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 23 51.62 FOUNDERS/GALAXIE SIGNAL NOV 455260 200003777430NOV 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 23 37,46 GALAXIE/FOUNDER LN SPKLR NOV 455261 200003919925NOV 1610.6255 UTILITIES-ELECTRIC STREET/BOULEVARD REPAIR&MN 23 385.26 15281 FOUNDERS BLVD LIGHTS NOV 455262 200004198750NOV 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 23 245.07 LIFT STN STRM SWR GALAXIE NOV 455263 200004229209NOV 5505.6255 UTILITIES-ELECTRIC STORM DRAIN MNTC/RPR/SUMPS 23 2,000.89 VALLEYWOOD CLUBHOUSE NOV 455273 200004985206NOV 2215.6255 UTILITIES-ELECTRIC GOLF CLUBHOUSE BUILDING 23 27.42 COBBLESTONE N 2ND ADDITION NOV 455274 200005663463NOV 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 23 42.05 COBBLESTONE N 2ND ADDITION NOV 455275 200005663471 NOV 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 23 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/20/202310:23:27 Council Check Register by GL Page- 4 Council Check Register by Invoice&Summary 9/25/2023 -- 12/22/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 30564 12/22/2023 100128 DAKOTA ELECTRIC ASSOCIATION Continued... 16,411 76 30565 12/22/2023 154565 DAKOTA SUPPLY GROUP 610.19 PRESSURE REDUCING STATION PART 455487 S103312178001 5320.6215 EQUIPMENT-PARTS WATER WELL/BOOSTER STN MNT/F 16,37 GASKETS FOR PRESSURE STATION 455406 S103312178002 5320.6215 EQUIPMENT-PARTS WATER WELL/BOOSTER STN MNT/F 626,56 30566 12/22/2023 142830 DYNAMIC BRANDS 26.00 GOLF FREIGHT 455117 INV1684214 2260.6424 GOLF FREIGHT ON RESALE MDSE GOLF PRO SHOP MERCH SALES 51.50 GOLF TRAVEL BAG 455117 INV1684214 2260.6418 GOLF-PRO SHOP OTHER GOLF PRO SHOP MERCH SALES 77.50 30567 12/22/2023 101365 ECM PUBLISHERS INC 35.40 PH-AMEND FEE SCHEDULE 455409 975781 1015.6239 PRINTING CITY CLERK/ELECTIONS 44.25 PH-ZONING AMENDMENTS 455408 975782 1015.6239 PRINTING CITY CLERK/ELECTIONS 79.65 30568 12/22/2023 100176 FLEXIBLE PIPE TOOL COMPANY 563.90 RE-TERMINATE CORD CAMERA VAN 455486 29467 5375.6265 REPAIRS-EQUIPMENT SEWER MAINTENANCE AND REPAIF 563.90 30569 12/22/2023 156110 GOODPOINTE TECHNOLOGY,LLC 6,750.00 PAVEMENT MANAGEMENT SURVEY 455136 4444 1510,6235 CONSULTANT SERVICES PW ENGINEERING&TECHNICAL 6,750.00 30570 12/22/2023 100209 GOPHER STATE ONE-CALL 160.20 GOPHER STATE ONE CALL NOV 455381 3110186 5305.6399 OTHER CHARGES WATER MGMT/REPORT/DATA ENTR' 160.20 GOPHER STATE ONE CALL NOV 455381 3110186 5365.6399 OTHER CHARGES SEWER MGMT/REPORTS/DATA ENT 160.20 GOPHER STATE ONE CALL NOV 455381 3110186 5505.6399 OTHER CHARGES STORM DRAIN MNTC/RPR/SUMPS 480.60 30571 12/22/2023 100217 GRAINGER,INC. 109.92 SPACE HEATER FOR TYLER 455383 9928990671 1030,6211 SMALL TOOLS&EQUIPMENT INFORMATION TECHNOLOGY 109.92 30572 12/22/2023 101090 GRENDAHL,RUTH A 638.16 NLC SUMMIT ATLANTA-GRENDAHL 455144 20231118 1005.6276 SCHOOLS/CONFERENCES/EXP OTHERMAYOR/CITY COUNCIL 638.16 30573 12/22/2023 142085 HOOPPAW,CLINT R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/20/202310:23:27 Council Check Register by GL Page- 5 Council Check Register by Invoice&Summary 9/25/2023 -- 12/22/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 30573 12/22/2023 142085 HOOPPAW,CLINT Continued... 1,374.51 NLC SUMMIT-ATLANTA-HOOPPAW 455333 20231123 1005.6276 SCHOOLS/CONFERENCES/EXP OTHERMAYOR/CITY COUNCIL 1,374.51 30574 12/22/2023 136639 IMPACT PROVEN SOLUTIONS 707,00 UB PRINT/MAIL BILLS NOV 455177 208766 5305.6249 OTHER CONTRACTUAL SERVICES WATER MGMT/REPORT/DATA ENTR' 707.00 UB PRINT/MAIL BILLS NOV 455177 208766 5365.6249 OTHER CONTRACTUAL SERVICES SEWER MGMT/REPORTS/DATA ENT 1,370.11 UB POSTAGE NOV 455177 208766 5305.6238 POSTAGE/UPS/FEDEX WATER MGMT/REPORT/DATA ENTR' 1,370.11 UB POSTAGE NOV 455177 208766 5365,6238 POSTAGE/UPS/FEDEX SEWER MGMT/REPORTS/DATA ENT 4,154.22 30575 12/22/2023 103314 INNOVATIVE OFFICE SOLUTIONS 23.09 AVSA LAPTOP STAND 455298 IN4397144 5205.6229 GENERAL SUPPLIES ARENA 1 MANAGEMENT 3.63 DESK CALENDAR 455490 IN4400539 5005.6229 GENERAL SUPPLIES LIQUOR GENERAL OPERATIONS 19.01 BREAK ROOM SUPPLIES 455490 IN4400539 5095.6229 GENERAL SUPPLIES LIQUOR#3 OPERATIONS 50.20 TOWELS 455490 IN4400539 5095.6229 GENERAL SUPPLIES LIQUOR#3 OPERATIONS 94.75 PAPER/CLIPS/PADS 455490 IN4400539 5095.6210 OFFICE SUPPLIES LIQUOR#3 OPERATIONS 183.42 CLEANING/DISINFECTANT 455295 IN4401049 1920.6229 GENERAL SUPPLIES SENIOR CENTER 136.35 GARBAGE BAGS 455294 IN4401100 1920.6229 GENERAL SUPPLIES SENIOR CENTER 18.20 KRAZY GLUE PENS TABS 455841 IN4403336 1540.6210 OFFICE SUPPLIES CMF BUILDINGS&GROUNDS MNTC 105.63 KLEENEX 455841 IN4403336 1540.6229 GENERAL SUPPLIES CMF BUILDINGS&GROUNDS MNTC 634.28 30576 12/22/2023 150659 JOHNSON LITHO GRAPHICS OF EAU 10,624.00 WINTER 2023-4 NEWSLETTER 455307 108955 1010,6239 PRINTING ADMINISTRATION 10,624.00 30577 12/22/2023 156007 MACQUEEN EMERGENCY 652.50 SCBA#29 REGULATOR HOSE 455308 P22839 1330.6215 EQUIPMENT-PARTS FIRE OPERATIONS 652.50 30578 12/22/2023 100293 MACQUEEN EQUIPMENT 532.56 SWEEPER PARTS 455320 P54254 5505.6215 EQUIPMENT-PARTS STORM DRAIN MNTC/RPR/SUMPS 532.56 30579 12/22/2023 101433 MARTIN-MCALLISTER 1,875.00 PSYCHS FOR NEW HIRES 455469 15748 1200.6249 OTHER CONTRACTUAL SERVICES POLICE MANAGEMENT 1,875.00 30580 12/22/2023 100299 MASTER ELECTRIC CO 1,222.62 HAGEMEISTER HOCKEY LIGHTING 455167 SD48875 1730.6249 OTHER CONTRACTUAL SERVICES PARK BUILDING MAINTENANCE R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/20/202310:23:27 Council Check Register by GL Page- • 6 Council Check Register by Invoice&Summary 9/25/2023 -- 12/22/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 30580 12/22/2023 100299 MASTER ELECTRIC CO Continued... 221.10 REPLACE PHASE FAIL RELAY 455483 SD48876 5320,6215 EQUIPMENT-PARTS WATER WELL/BOOSTER STN MNT/F 260,00 REPLACE PHASE FAIL RELAY 455483 SD48876 5320.6265 REPAIRS-EQUIPMENT WATER WELL/BOOSTER STN MNT/F 918.93 REWIRING OF PUMP ROOM 455332 SD48877 2230.6266 REPAIRS-BUILDING GOLF SHOP BUILDING MAINTENANC 180.00 INSTALL DOORBELL 455180 SD48879 5065.6266 REPAIRS-BUILDING LIQUOR#2 OPERATIONS 113.80 WTP VFD&BLOWER REPAIR 455484 SD48880 5325.6215 EQUIPMENT-PARTS WATER TREATMENT FCLTY MNTC/F 520.00 WTP VFD&BLOWER REPAIR 455484 SD48880 5325,6265 REPAIRS-EQUIPMENT WATER TREATMENT FCLTY MNTC/R 318.25 WATER FILL STATION HEATER 455485 SD48881 5330.6215 EQUIPMENT-PARTS WTR MAIN/HYDRANT/CURB STOP N 390.00 WATER FILL STATION HEATER 455485 SD48881 5330.6265 REPAIRS-EQUIPMENT WTR MAIN/HYDRANT/CURB STOP N 706.96 REPLACE 2 LIGHTS IN AVCC GYM 455474 SD48882 1920.6266 REPAIRS-BUILDING SENIOR CENTER 4,851.66 30581 12/22/2023 100302 MCNAMARA CONTRACTING INC 1,075.55 ASPHALT REPAIRS MIX 455393 5587 1610.6229 GENERAL SUPPLIES STREET/BOULEVARD REPAIR&MN' 1,075.55 30582 12/22/2023 100311 METRO COUNCIL ENVIRONMENTAL SV 332,335.32 WASTEWATER SVC-JAN24 455176 1165542 5300.1560 PREPAID EXPENSES WATER&SEWER FUND BAL SHEET 99.40- RETAINED%NOVEMBER 455489 20231130 5301.4999 MISC UTILITY REVENUE WATER&SEWER FUND REVENUE 9,940,00 SAC COLLECTION NOVEMBER 455489 20231130 5301.4922 SAC COLLECTIONS WATER&SEWER FUND REVENUE 342,175.92 30583 12/22/2023 100348 MTI DISTRIBUTING CO 426.30 MOWER BLADES 455379 141218300 2240.6215 EQUIPMENT-PARTS GOLF EQUIPMENT MAINTENANCE 969.56 HYD FLUID 455379 141218300 2240.6212 MOTOR FUELS/OILS GOLF EQUIPMENT MAINTENANCE 1,395.86 30584 12/22/2023 154297 NITTI SANITATION 623.81 CH TRASH DEC 455502 30182001DEC23 1060.6240 CLEANING SERVICE/GARBAGE REMOVMUNICIPAL BLDG&GROUNDS MN1 640.50 CMF ORGANICS BIN 455517 30182002DEC23 1540.6240 2023171G CLEANING SERVICE/GARBAGE REMOVCMF BUILDINGS&GROUNDS MNTC 1,404.08 CMF TRASH DEC 455517 30182002DEC23 1540.6240 CLEANING SERVICE/GARBAGE REMOVCMF BUILDINGS&GROUNDS MNTC 191.91 FIRE STA 1 TRASH DEC 455503 30182003DEC23 1340.6240 CLEANING SERVICE/GARBAGE REMOVFIRE BLDG&GROUNDS MNTC 53,29 FIRE STA 3 TRASH DEC 455511 301820050EC23 1340.6240 CLEANING SERVICE/GARBAGE REMOVFIRE BLDG&GROUNDS MNTC 191.91 LIQ 1 TRASH DEC 455504 30182006DEC23 5025.6240 CLEANING SERVICE/GARBAGE REMOVLIQUOR#1 OPERATIONS 112.15 LIQ 2 TRASH DEC 455505 30182007DEC23 5065.6240 CLEANING SERVICE/GARBAGE REMOVLIQUOR#2 OPERATIONS 53,29 LIQ 3 TRASH DEC 455516 30182008DEC23 5095.6240 CLEANING SERVICE/GARBAGE REMOVLIQUOR#3 OPERATIONS 190.25 OLD CH TRASH DEC 455506 301820090EC23 2092.6240 CLEANING SERVICE/GARBAGE EUUCAI ION BUILDING FUND 276.06 HCSC TRASH DEC 455508 30182010DEC23 1920.6240 CLEANING SERVICE/GARBAGE REMOVSENIOR CENTER 409.63 AVCC TRASH DEC 455508 30182010DEC23 1900,6240 CLEANING SERVICE/GARBAGE REMOVAV COMMUNITY CENTER 204.82 IA2 TRASH DEC 455508 30182010DEC23 5265.6240 CLEANING SERVICE/GARBAGE REMOVARENA 2 BLDG MAINTENANCE-HAY 253.47 REDWOOD TRASH DEC 455509 30182011DEC23 1730.6240 CLEANING SERVICE/GARBAGE REMOVPARK BUILDING MAINTENANCE R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/20/202310:23:27 Council Check Register by GL Page- 7 Council Check Register by Invoice&Summary 9/25/2023 -- 12/22/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 30584 12/22/2023 154297 NITTI SANITATION Continued... 115.12 JC ACTIVITY CTR TRASH DEC 455510 30182013DEC23 1730.6240 CLEANING SERVICE/GARBAGE REMOVPARK BUILDING MAINTENANCE 259.57 JCR PK TRASH DEC 455512 30182014DEC23 1730.6240 CLEANING SERVICE/GARBAGE REMOVPARK BUILDING MAINTENANCE 129.30 QP TRASH DEC 455513 30182015DEC23 1945.6240 CLEANING SERVICE/GARBAGE REMOVQUARRY POINTE 129,05 VM PK TRASH DEC 455514 30182016DEC23 1730.6240 CLEANING SERVICE/GARBAGE REMOVPARK BUILDING MAINTENANCE 915,52 GOLF TRASH DEC 455515 30182017DEC23 2230.6240 CLEANING SERVICE/GARBAGE REMOVGOLF SHOP BUILDING MAINTENAN' 6,153.73 30585 12/22/2023 146279 NORDIC MECHANICAL SERVICES,I 635.00 REDWOOD FURNACE CHECKS 455151 71935 1730.6266 REPAIRS-BUILDING PARK BUILDING MAINTENANCE 350.00 EDUBLDG-HVAC BOILER CHECK 455292 72019 2092.6266 REPAIRS-BUILDING EDUCATION BUILDING FUND 985.00 30586 12/22/2023 119604 OLSEN CHAIN&CABLE 10.46 HOIST CLIPS 455451 709682 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 10.46 30587 12/22/2023 141723 PRECISE MRM LLC 630.00 PLOW TRUCK GPS SERVICES(30) 455309 IN2001045792 1665.6249 OTHER CONTRACTUAL SERVICES STREET SNOW&ICE MATERIALS 630.00 30588 12/22/2023 120496 RENT N'SAVE PORTABLE SERVICES 250.30 JCRPW BIFFS OCT 455166 75935 1780.6310 RENTAL EXPENSE PARK HIGH SCHOOL#4 FIELDS 3,000.78 PARK BIFF SERVICE OCT 455166 75935 1770.6310 RENTAL EXPENSE PARK GENERAL MAINTENANCE 3,251.08 30589 12/22/2023 103269 RHOMAR INDUSTRIES INC 427.76 SIDEWALK LIQUID DEICER 455326 105187 1060.6229 GENERAL SUPPLIES MUNICIPAL BLDG&GROUNDS MN1 427.76 30590 12/22/2023 144815 RIHM KEN WORTH 460.07 MOTOR MOUNT#319(1 OF 2) 455472 2160805A 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCI 460.07 MOTOR MOUNT#319(2 OF2) 455473 2161017A 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCI 39,52 U-BOLT NUTS#310 455521 2161525A 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCI 86.22 TORQUE ROD#310 455523 2161593A 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCI 1,045.88 30591 12/22/2023 143628 SCHWICKERT'S TECTA AMERICA 680.00 SET BOILER SETTING @ WTP 455135 S510119140 5325.6266 REPAIRS-BUILDING WATER TREATMENT FCLTY MNTC/F 680.00 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/20/202310:23:27 Council Check Register by GL Page- 8 Council Check Register by Invoice&Summary 9/25/2023 -- 12/22/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 30592 12/22/2023 100524 SOUTHERN GLAZERS WINE AND SPIRITS OF MN Continued.., 373.15- CMLIQ#3 PAID INVOICE TWICE 00050756 455815 2408742A 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 16,530.20 LIQ#1 00050756 455804 2417741 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 1,225.98 WINE#1 00050756 455825 2417742 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 7,265.28 LIQ#2 00050756 455810 2417746 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 27.00 TAX#2 00050756 455811 2417747 5055.6540 TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 1,616.41 WINE#2 00050756 455831 2417748 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 6,642.12 LIQ#3 00050756 455816 2417766 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 2,335.92 WINE#3 00050756 455837 2417767 5085,6520 WINE LIQUOR#3 STOCK PURCHASES 2,650.60 LIQ#1 00050756 455805 2420291 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 667.00 WINE#1 00050756 455828 2420292 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 1,056.62 LIQ#2 00050756 455812 2420295 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 294.00 WINE#2 00050756 455832 2420296 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 2,027.65 LIQ#3 00050756 455817 2420312 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 102.90 LIQ#3 00050756' 455818 2420314 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 1,363.25 WINE#3 00050756 455819 2420314 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 2,382.86 LIQ#1 00050756 455806 2422876 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 102.90 LIQ#1 00050756 455807 2422877 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 788.96 WINE#1 00050756 455808 2422877 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 884.60 LIQ#1 00050756 455809 2422878 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 2,143.85 LIQ#2 00050756 455814 2422879 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 354.00 WINE#2 00050756 455836 2422881 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 3,207.11 LIQ#3 00050756 455823 2422895 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 230.00 TAX#3 00050756 455824 2422896 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 1,061.00 WINE#3 00050756 455840 2422897 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 768.00 WINE#1 00050756 455829 5105080 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 768,00 WINE#2 00050756 455833 5105081 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 80.00 WINE#2 00050756 455834 5105082 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 768.00 WINE#3 00050756 455838 5105108 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 156.00 WINE#1 00050756 455830 5105607 5015,6520 WINE LIQUOR#1 STOCK PURCHASES 336.00 LIQ#2 00050756 455813 5105608 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 44.00 WINE#2 00050756 455835 5105609 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 8.67- CMWINE#1 00050756 455826 9553155 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 8.67- CMWINE#1 00050756 455827 9553156 5015,6520 WINE LIQUOR#1 STOCK PURCHASES 160.00- CMWINE#3 00050756 455839 9554965 5085.6520 WINE LIQUOR#3 STOCK PURCHASES ' 319.00- CMLIQ#3 00050756 455820 9554966 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 319.00- CMLIQ#3 00050756 455821 9554967 5085,6510 LIQUOR LIQUOR#3 STOCK PURCHASES 319.00- CMLIQ#3 00050756 455822 9554968 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 56,372.72 30593 12/22/2023 139811 SRF CONSULTING GROUP R55CKR2 LOGIS101 CITY OF APPLE VALLEY 1 2/2 0/2 0 2 31 0:2327 Council Check Register by GL Page- 9 Council Check Register by Invoice&Summary 9/25/2023 -- 12/22/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 30593 12/22/2023 139811 SRF CONSULTING GROUP Continued... 2,035.08 FEASIBILITY STUDY 455322 118540037 3262.6235 2019106R CONSULTANT SERVICES TIF DOWNTOWN REDEVELOPMENT 2,035.08 30594 12/22/2023 100457 STREICHERS INC 1,110.00 HOLSTERS 455172 11665125 1210.6211 SMALL TOOLS&EQUIPMENT POLICE FIELD OPERATIONS/PATRO 480,95 FUENTES-GOMEZ UNIFORMS 455170 11665948 1295.6281 UNIFORM/CLOTHING ALLOWANCE COMMUN SERVICE OFFICERS(CSC 427.80 BATONS AND STOPPERS 455171 11666360 1210.6229 GENERAL SUPPLIES POLICE FIELD OPERATIONS/PATRO 2,800.00 HOLSTERS NEW GUNS 455464 11667164 1210.6211 SMALL TOOLS&EQUIPMENT POLICE FIELD OPERATIONS/PATRO 2,317.68 LAM UNIFORMS 455461 11667296 1210.6281 UNIFORM/CLOTHING ALLOWANCE POLICE FIELD OPERATIONS/PATRO 2,072.34 KURSCHNER UNIFORMS 455462 11667307 1210.6281 UNIFORM/CLOTHING ALLOWANCE POLICE FIELD OPERATIONS/PATRO 2,014.34 SWANSON UNIFORMS 455460 11667309 1210,6281 UNIFORM/CLOTHING ALLOWANCE POLICE FIELD OPERATIONS/PATRO 65.60 NEW HIRE UNIFORMS 455283 11667310 1210,6281 UNIFORM/CLOTHING ALLOWANCE POLICE FIELD OPERATIONS/PATRO 3,675.00 HOLSTERS FOR NEW GUNS 455459 11667520 1210.6211 SMALL TOOLS&EQUIPMENT POLICE FIELD OPERATIONS/PATRO 23.98 UNIFORMS KURSCHNER 455284 11667546 1210.6281 UNIFORM/CLOTHING ALLOWANCE POLICE FIELD OPERATIONS/PATRO 23,98 LAM UNIFORMS 455282 11667547 1210.6281 UNIFORM/CLOTHING ALLOWANCE POLICE FIELD OPERATIONS/PATRO 23.98 SWANSON UNIFORMS 455281 11667548 1210.6281 UNIFORM/CLOTHING ALLOWANCE POLICE FIELD OPERATIONS/PATRO 525.00 HOLSTERS FOR NEW GUNS 455463 11667601 1210.6211 SMALL TOOLS&EQUIPMENT POLICE FIELD OPERATIONS/PATRO 224.99 RELLER UNIFORMS 455286 11667969 1210.6281 UNIFORM/CLOTHING ALLOWANCE POLICE FIELD OPERATIONS/PATRO 159.97 CSO UNIFORMS 455287 11668195 1295.6281 UNIFORM/CLOTHING ALLOWANCE COMMUN SERVICE OFFICERS(CSC 329.97 NEW HIRE UNIFORMS 455288 11668694 1210.6281 UNIFORM/CLOTHING ALLOWANCE POLICE FIELD OPERATIONS/PATRO 109.98 CSO UNIFORMS 455285 11668871 1295.6281 UNIFORM/CLOTHING ALLOWANCE COMMUN SERVICE OFFICERS(CSC 284.97 KURSCHNER UNIFORMS 455456 11670155 1210.6281 UNIFORM/CLOTHING ALLOWANCE POLICE FIELD OPERATIONS/PATRO 39.00 SWANSON UNIFORMS 455458 11670182 1210.6281 UNIFORM/CLOTHING ALLOWANCE POLICE FIELD OPERATIONS/PATRO 39.00 UNIFORMS-KIRSHCNER 455457 11670184 1210.6281 UNIFORM/CLOTHING ALLOWANCE POLICE FIELD OPERATIONS/PATRO 16,748.53 30595 12/22/2023 142499 TITAN MACHINERY 1,462.10 SNOW BLOWER EDGES 455150 19067956GP 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 1,462.10 30596 12/22/2023 100471 TOLL GAS&WELDING SUPPLY .85- GOLF USE TAX 455116 40185499 2200.2330 DUE TO OTHER GOVERNMENT VALLEY WOOD GOLF .85 GOLF USE TAX 455116 40185499 2240.6229 GENERAL SUPPLIES GOLF EQUIPMENT MAINTENANCE 12.30 WELDING SUPPLIES 455116 40185499 2240.6229 GENERAL SUPPLIES GOLF EQUIPMENT MAINTENANCE 12.30 30597 12/22/2023 100481 TRI-STATE BOBCAT INC 487.22 MOWER BLADES 455314 P09094 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCI 490.69 HARNESS#334 455496 P09095 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCI 977.91 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/20/202310:23:27 Council Check Register by GL Page- 10 Council Check Register by Invoice&Summary 9/25/2023 -- 12/22/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 30597 12/22/2023 100481 TRI-STATE BOBCAT INC Continued... 30598 12/22/2023 100486 TWIN CITY GARAGE DOOR CO 596 81 ROLLERS FOR GARAGE DOORS CMF 455323 722653 1540.6229 GENERAL SUPPLIES CMF BUILDINGS&GROUNDS MNTC 596 81 30599 12/22/2023 155941 UTILITY CONSULTANTS INC 693.00 WATER SYSTEM TESTING NOV 455329 118428 5325.6249 OTHER CONTRACTUAL SERVICES WATER TREATMENT FCLTY MNTC/R 693.00 30600 12/22/2023 100498 VIKING INDUSTRIAL CENTER 435.40 WTP REPLACEMENT RESPIRATORS 455173 3279244 5325.6215 EQUIPMENT-PARTS WATER TREATMENT FCLTY MNTC/R 435.40 30601 12/22/2023 100081 WASTE MANAGEMENT-BURNSVILLE LANDFILL 397.08 PK TRASH REMOVAL 455137 3712702913 1720.6240 CLEANING SERVICE/GARBAGE REMOVPARK GROUNDS MAINTENANCE 397.08 30602 12/22/2023 101003 WINZER FRANCHISE COMPANY 1 39 GRADE 8 BOLT 455522 1716865 1530.6229 GENERAL SUPPLIES FLEET&BUILDINGS-CMF 1.39 30603 12/22/2023 158346 WOYCHICK DESIGN 1,300.00 KELLER LAKE EDUCATION PROJECT 455153 4081 5505,6249 2023116D OTHER CONTRACTUAL SERVICES STORM DRAIN MNTC/RPR/SUMPS 1,300.00 318220 12/20/2023 101939 SHEPHERD OF THE VALLEY LUTHERAN CHURCH 1,800.00 2024 POLLING PLACE-P7 455374 20231208 1000.1560 PREPAID EXPENSES GENERAL FUND BALANCE SHEET 1,800.00 318221 12/20/2023 160992 GIERTSEN COMPANY 6,485.22 EDUBLDG VEHICLE IMPACT REPAIR 455466 M03605STR 7205.6399 OTHER CHARGES INSURANCE CLAIMS 6,485.22 318222 12/20/2023 100023 ANDERSEN INC,EARL F 857.64 SIGN BREAKAWAYS 455327 1349151N 1680.6229 GENERAL SUPPLIES TRAFFIC SIGNS/SIGNALS/MARKER; 857.64 318223 12/20/2023 154253 APPLE FORD LINCOLN 396.36 POL VEHICLE LEASE-DEC 455449 20231213 1215.6310 RENTAL EXPENSE POLICE DETECTIVE UNIT 521.39 CATALYTIC CONVERTER#922 455319 644777 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATRO R55CKR2 LOGIS101 CITY OF APPLE VALLEY 1 2/2 0/2 0 2 31 0:23:27 Council Check Register by GL Page- 11 Council Check Register by Invoice&Summary 9/25/2023 -- 12/22/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 318223 12/20/2023 154253 APPLE FORD LINCOLN Continued... 917.75 318224 12/20/2023 118892 ASPEN MILLS 220.00 AVPD LETTERING 455455 320809 1210.6281 UNIFORM/CLOTHING ALLOWANCE POLICE FIELD OPERATIONS/PATRO 1,452.50 BROUGHTEN VEST 455158 323617 1210.6281 UNIFORM/CLOTHING ALLOWANCE POLICE FIELD OPERATIONS/PATRO 1,702.50 DAHLSTROM VEST 455164 323618 1210,6281 UNIFORM/CLOTHING ALLOWANCE POLICE FIELD OPERATIONS/PATRO 1,452,50 KEELER VEST 455157 323619 1210.6281 UNIFORM/CLOTHING ALLOWANCE POLICE FIELD OPERATIONS/PATRO 1,377.50 HORAZUK VEST 455156 323620 1210.6281 UNIFORM/CLOTHING ALLOWANCE POLICE FIELD OPERATIONS/PATRO 1,377.50 KLOKONOS VEST 455163 323621 1210.6281 UNIFORM/CLOTHING ALLOWANCE POLICE FIELD OPERATIONS/PATRO 1,377.50 SPILLERS VEST 455159 323622 1210.6281 UNIFORM/CLOTHING ALLOWANCE POLICE FIELD OPERATIONS/PATRO 1,377.50 WOLF VEST 455160 323623 1210.6281 UNIFORM/CLOTHING ALLOWANCE POLICE FIELD OPERATIONS/PATRO 1,627.50 MACK VEST 455169 323624 1210.6281 UNIFORM/CLOTHING ALLOWANCE POLICE FIELD OPERATIONS/PATRO 11,965.00 318225 12/20/2023 100820 AT&T MOBILITY 38.23 INSP WIRELESS DATA 455397 287318957082X12 1400.6237 TELEPHONE/PAGERS INSPECTIONS MANAGEMENT 032023 181.00 FIRE CELL PHONE 455397 287318957082X12 1330.6237 TELEPHONE/PAGERS FIRE OPERATIONS 032023 500.24 FIRE WIRELESS DATA 455397 287318957082X12 1330.6237 TELEPHONE/PAGERS FIRE OPERATIONS 032023 1,353.40 POL WIRELESS DATA 455397 287318957082X12 1205.6237 TELEPHONE/PAGERS POLICE RECORDS UNIT 032023 38.23 IT WIRELESS DATA 455842 287325474621X12 1030.6237 TELEPHONE/PAGERS INFORMATION TECHNOLOGY 032023 38.23 PW WIRELESS DATA 455842 287325474621X12 1500.6237 TELEPHONE/PAGERS PW MANAGEMENT 032023 44.73 PK CELL PHONE 455842 287325474621X12 1600,6237 TELEPHONE/PAGERS STREET MANAGEMENT 032023 67.23 PK CELL PHONE 455842 287325474621X12 1710.6237 TELEPHONE/PAGERS PARK MAINTENANCE MANAGEMEN 032023 82.94 STR WIRELESS DATA 455842 287325474621X12 1600.6237 TELEPHONE/PAGERS STREET MANAGEMENT 032023 117.69 GOLF WIRELESS DATA 455842 287325474621X12 2205.6237 TELEPHONE/PAGERS GOLF MANAGEMENT 032023 267.61 UTIL WIRELESS DATA 455842 287325474621X12 5305.6237 TELEPHONE/PAGERS WATER MGMT/REPORT/DATA ENTR' 032023 1,299.98 IPADS FOR NEW EMPLOYEES(2) 455843 558110000078906 1610.6211 SMALL TOOLS&EQUIPMENT STREET/BOULEVARD REPAIR&MN' 51 4,029.51 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/20/202310:23:27 Council Check Register by GL Page- 12 Council Check Register by Invoice&Summary 9/25/2023 -- 12/22/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 318225 12/20/2023 100820 AT&T MOBILITY Continued... 318226 12/20/2023 149274 B&H PHOTO-VIDEO 4,830.30 PRESS BOX,MAGEWELL&ACCESSOR 455471 219015764 4812.6740 CAPITAL OUTLAY-MACH/EQ/OTHER PEG-CABLE CAPITAL EQUIPMENT 4,830.30 318227 12/20/2023 161049 BLAINE BROTHERS INC 5,331.89 4983 REAR SPRINGS REPLACEMENT 455467 80001818849 1350.6265 REPAIRS-EQUIPMENT FIRE VEHICLE MAINTENANCE 5,331.89 318228 12/20/2023 100072 BRAUN INTERTEC CORPORATION 451.40 PH.2 ESA FOR POLICE PROPERTY 455149 B367185 4422.6235 2021172G CONSULTANT SERVICES '21 FACILITIES CIP 8,710.00 GEOTECHNICAL EVALUATION 455321 B367457 4422.6235 2021172G CONSULTANT SERVICES '21 FACILITIES CIP 7,184.50 MATERIALS TESTING 455497 B367853 2027.6235 2023107R CONSULTANT SERVICES ROAD ESCROW 2,311,25 MATERIALS TESTING 455498 B368436 4502.6235 2022158G CONSULTANT SERVICES IMPROVEMENTS-ASSESSED 4,649,00 MATERIALS TESTING 455499 B368456 4502.6235 2021119G CONSULTANT SERVICES IMPROVEMENTS-ASSESSED 186.75 MATERIALS TESTING 455386 B368670 4502.6235 2022146G CONSULTANT SERVICES IMPROVEMENTS-ASSESSED 23,492.90 318229 12/20/2023 100296 BREAKTHRU BEVERAGE MIN-BEER 177.00 BEER#1 00000105 455526 112709069 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 12,756.40 BEER#3 00000105 455563 112923136 5085,6530 BEER LIQUOR#3 STOCK PURCHASES 402.10 LIQ#3 00000105 455566 112923137 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 280,70 TAX#3 00000105 455567 112923138 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 23,686.70 BEER#1 00000105 455528 112923440 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 10,132.05 BEER#3 00000105 455574 113030493 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 52.40- CMBEER#3 00000105 455575 113030493 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 111.10 TAX#3 00000105 455573 113030494 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 114.85 TAX#1 00000105 455529 113030495 5015,6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 6,231.32 BEER#1 00000105 455530 113030496 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 235.00 LIQ#1 00000105 455531 113030497 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 11,358.30 BEER#2 00000105 455550 113030854 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 30.80 TAX#2 00000105 455551 113030854 5055.6540 TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 12,476.15 BEER#3 00000105 455568 113135234 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 222.00 BEER#3 00000105 455569 113135235 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 17,734.10 BEER#1 00000105 455536 113135238 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 3,839.00 BEER#2 00000105 455554 113135903 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 61.60 TAX#2 00000105 455555 113135903 5055.6540 TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 472.50 LIQ#2 00000105 455552 113135904 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 15,581,85 BEER#3 00000105 455576 113229061 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 403.30 BEER#3 00000105 455577 113229062 5085.6530 BEER LIQUOR#3 STOCK PURCHASES R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/20/202310:23:27 Council Check Register by GL Page- 13 Council Check Register by Invoice&Summary 9/25/2023 -- 12/22/2023 • Check.# Dale Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unil 318229 12/20/2023 100296 BREAKTHRU BEVERAGE MIN-BEER Continued... 470.00 LIQ#3 00000105 455578 113229063 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 8,786.80 BEER#2 00000105 455558 113229064 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 19,082.62 BEER#1 00000105 455539 113229065 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 340,20 BEER#1 00000105 455540 113229066 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 744.00 BEER#1 00000105 455541 113229540 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 7,084,15 BEER#3 00000105 455580 113340022 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 147.80 TAX#3 00000105 455581 113340023 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 1,484.00 BEER#2 00000105 455560 113340024 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 6,187.85 BEER#1 00000105 455544 113340025 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 13,629.92 BEER#1 00000105 455548 113451593 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 453.85 TAX#1 00000105 455549 113451594 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 30.00- CMBEER#1 00000105 455527 411594313 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 30.75- CMBEER#1 00000105 455532 411639598 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 24.00- CMBEER#1 00000105 455533 411639599 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 1,534.00- CMBEER#2 00000105 455553 411657445 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 146.50- CMBEER#1 00000105 455537 411657446 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 89.10- CMBEER#2 00000105 455557 411679240 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 12.30- CMBEER#2 00000105 455556 411679241 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 24.30- CMBEER#1 00000105 455534 411679242 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 146.50- CMBEER#1 00000105 455535 411679243 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 146.50- CMBEER#1 00000105 455538 411679243 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 120.00- CMBEER#1 00000105 455542 411679824 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 485.20- CMBEER#3 00000105 455565 411683124 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 12.80- CMBEER#3 00000105 455572 411683126 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 81.60- CMBEER#3 00000105 455570 411683127 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 73.80- CMBEER#3 00000105 455579 411686988 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 42.40- CMBEER#3 00000105 455584 411686989 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 27.20- CMBEER#2 00000105 455559 411686990 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 71.45- CMBEER#1 00000105 455543 411686991 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 27.70- CMBEER#3 00000105 455564 411715674 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 39.20- CMBEER#3 00000105 455571 411715675 5085,6530 BEER LIQUOR#3 STOCK PURCHASES 173.60- CMBEER#3 00000105 455582 411717928 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 8.07- CMBEER#3 00000105 455583 411717929 5085,6530 BEER LIQUOR#3 STOCK PURCHASES 19.20- CMBEER#3 00000105 455585 411717930 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 5,20- CMBEER#2 00000105 455561 411717931 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 120.00- CMBEER#2 00000105 455562 411728077 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 27.70- CMBEER#1 00000105 455545 411728079 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 12.40- CMBEER#1 00000105 455546 411728080 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 33.80- CMBEER#1 00000105 455547 411728081 5015.6530 BEER LIQUOR#1 STOCK PURCHASES R55CKR2 LOGIS101 CITY OF APPLE VALLEY 1 2/2 0/2 0 2 31 0:23:27 Council Check Register by GL Page- 14 Council Check Registerrnby Invoice&Summary 9/25/2023 -- 12/22/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 318229 12/20/2023 100296 BREAKTHRU BEVERAGE MIN-BEER Continued... 25,60- CMBEER#3 00000105 455586 411732207 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 12.80- CMBEER#3 00000105 455587 411732208 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 171,061.94 318230 12/2012023 100282 CINTAS CORPORATION 10.02 COVERALLS 455303 4166003210 1710.6281 UNIFORM/CLOTHING ALLOWANCE PARK MAINTENANCE MANAGEMEN 16.55 COVERALLS 455303 4166003210 1530.6281 UNIFORM/CLOTHING ALLOWANCE FLEET&BUILDINGS-CMF 32.13 COVERALLS 455303 4166003210 1600.6281 UNIFORM/CLOTHING ALLOWANCE STREET MANAGEMENT .46- LIQ1 USE TAX 455401 4166331116 5000.2330 DUE TO OTHER GOVERNMENT LIQUOR BALANCE SHEET .46 LIQ1 USE TAX 455401 4166331116 5025.6240 CLEANING SERVICE/GARBAGE REMOVLIQUOR#1 OPERATIONS 6.72 RUGS 455401 4166331116 5025.6240 CLEANING SERVICE/GARBAGE REMOVLIQUOR#1 OPERATIONS 9.55 PARKS COVERALLS 455304 4173226939 1710.6281 UNIFORM/CLOTHING ALLOWANCE PARK MAINTENANCE MANAGEMEN' 15.75 SHOP COVERALLS 455304 4173226939 1530.6281 UNIFORM/CLOTHING ALLOWANCE FLEET&BUILDINGS-CMF 36.74 STREETS COVERALLS 455304 4173226939 1600.6281 UNIFORM/CLOTHING ALLOWANCE STREET MANAGEMENT 192.75 CINTAS-LINENS 455118 4175305486 2215.6240 CLEANING SERVICE/GARBAGE REMOVGOLF CLUBHOUSE BUILDING 124.64 CINTAS-LINENS 455119 4175973915 2270..6240 CLEANING SERVICE/GARBAGE GOLF FOOD&BEVERAGE .62- IA2 SALES TAX ADJUST 455299 4176248248 5265.6240 CLEANING SERVICE/GARBAGE REMOVARENA 2 BLDG MAINTENANCE-HAY .62 IA2 SALES TAX ADJUST 455299 4176248248 5200.2330 DUE TO OTHER GOVERNMENT ARENA FUND BALANCE SHEET 8,30 HAYES ENTRANCE MATS 455299 4176248248 5265.6240 CLEANING SERVICE/GARBAGE REMOVARENA 2 BLDG MAINTENANCE-HAY 3.84 ENTRY RUG REPLACEMENT 455296 4176248253 1920.6240 CLEANING SERVICE/GARBAGE REMOVSENIOR CENTER .82- IA1 SALES TAX ADJUST 455300 4176249538 5210.6240 CLEANING SERVICE/GARBAGE REMOVARENA 1 BUILDING MAINTENANCE .82 IA1 SALES TAX ADJUST 455300 4176249538 5200.2330 DUE TO OTHER GOVERNMENT ARENA FUND BALANCE SHEET 10.90 AVSA ENTRANCE MATS 455300 4176249538 5210.6240 CLEANING SERVICE/GARBAGE REMOVARENA 1 BUILDING MAINTENANCE 79.56 AVCC RUG SERVICE 455290 4176249562 1900.6240 CLEANING SERVICE/GARBAGE REMOVAV COMMUNITY CENTER 158.70 CINTAS-LINENS 455411 4176693926 2215.6240 CLEANING SERVICE/GARBAGE REMOVGOLF CLUBHOUSE BUILDING 9.55 PARKS COVERALLS 455519 4176806551 1710.6281 UNIFORM/CLOTHING ALLOWANCE PARK MAINTENANCE MANAGEMEN 15.75 SHOP COVERALLS 455519 4176806551 1530.6281 UNIFORM/CLOTHING ALLOWANCE FLEET&BUILDINGS-CMF 36.74 STREETS COVERALLS 455519 4176806551 1600.6281 UNIFORM/CLOTHING ALLOWANCE STREET MANAGEMENT 2.13- LIQ3 USE TAX 455493 4176809199 5000.2330 DUE TO OTHER GOVERNMENT LIQUOR BALANCE SHEET 2.13 LIQ3 USE TAX 455493 4176809199 5095.6240 CLEANING SERVICE/GARBAGE REMOVLIQUOR#3 OPERATIONS 31.04 MATS&MOPS 455493 4176809199 5095.6240 CLEANING SERVICE/GARBAGE REMOVLIQUOR#3 OPERATIONS 799.23 318231 12/20/2023 101344 CIT GROUP,THE 30.84 STAFF UNIFORM SHIRTS 455378 70901638 5095.6281 UNIFORM/CLOTHING ALLOWANCE LIQUOR#3 OPERATIONS 61.68 STAFF UNIFORM SHIRTS 455378 70901638 5065.6281 UNIFORM/CLOTHING ALLOWANCE LIQUOR#2 OPERATIONS 276.72 STAFF UNIFORM SHIRTS 455378 70901638 5025.6281 UNIFORM/CLOTHING ALLOWANCE LIQUOR#1 OPERATIONS 399.92 STAFF UNIFORM SHIRTS 455378 70901638 5095.6281 UNIFORM/CLOTHING ALLOWANCE LIQUOR#3 OPERATIONS 769.16 I R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/20/202310:23:27 Council Check Register by GL Page- 15 Council Check Register by Invoice&Summary 9/25/2023 -- 12/22/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 318232 12/20/2023 100096 CITY WIDE WINDOW SERVICES Continued... 32.44 WINDOW CLEANING 455181 727005 5095.6240 CLEANING SERVICE/GARBAGE REMOVLIQUOR#3 OPERATIONS 27.03 WINDOW CLEANING 455279 727006 5025.6240 CLEANING SERVICE/GARBAGE REMOVLIQUOR#1 OPERATIONS 59.47 318233 12/20/2023 100510 CORE&MAIN 153.74 GATE VALVE TOP SECTION 455384 T888636 5330.6215 EQUIPMENT-PARTS WTR MAIN/HYDRANT/CURB STOP IV 153.74 318234 12/20/2023 159127 CREATIVE RESOURCES AGENCY LLC 239,14 FEATHER FLAG 455297 IN0006179 1860.6229 GENERAL SUPPLIES REC VOLLEYBALL 239,14 318235 12/20/2023 122019 CROWN RENTAL-BURNSVILLE 30.00 PROPANE 455390 4007325 5215.6212 MOTOR FUELS/OILS ARENA 1 EQUIPMENT MAINTENANC 45.17 SAW PARTS 455452 W146651 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 75.17 318236 12/20/2023 143882 CULLIGAN 263.90 AVSA WATER SOFTENING 455501 157985539939NOV 5210.6229 GENERAL SUPPLIES ARENA 1 BUILDING MAINTENANCE 23 263.90 318237 12/20/2023 156145 CYBER ADVISORS INC 2,250.00 VCISO MONTHLY SERVICES 455310 105869 2112.6235 2022141G CONSULTANT SERVICES CARES ACT 2020 2,250.00 318238 12/20/2023 123765 DAKOTA COUNTY TECHNICAL COLLEGE 1,600.00 SNOW PLOW DEFENSIVE DRIVING(8) 455145 194355 1665.6275 SCHOOLS/CONFERENCES/EXP LOCAL STREET SNOW&ICE MATERIALS 1,600.00 318239 12/20/2023 140324 DAKOTA UNLIMITED 1,696.50 CLAIM#300767 FENCE @ ED BLDG 455146 145002 7205.6399 OTHER CHARGES INSURANCE CLAIMS .15- FAC SALES TAX ADJUST 455293 145644 1940.6229 GENERAL SUPPLIES AQUATIC SWIM CENTER .15 FAC SALES TAX ADJUST 455293 145644 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 32.37 FENCE TIES FOR FAC 455293 145644 1940,6229 GENERAL SUPPLIES AQUATIC SWIM CENTER 1,728.87 318240 12/20/2023 161065 DARNAUER,CAROL 16.22 UB REFUND 14314 GLENDA DR 455448 20231214C 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 16.22 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/20/202310:23:27 Council Check Register by GL Page. 16 Council Check Register by Invoice&Summary 9/25/2023 -- 12/22/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 318240 12/20/2023 161065 DARNAUER,CAROL Continued... 318241 12/20/2023 100137 DELEGARD TOOL CO 442.92 BATTERY CHARGER REPAIR 455143 318423 1630.6265 REPAIRS-EQUIPMENT STREET EQUIPMENT MAINTENANCI 442.92 318242 12/20/2023 100151 EAGAN,CITY OF 14,769.36 SAN SEWER USER FEES 4TH QTR 455154 20231205 5365.6318 BURNSVILLE/EAGAN SWR REIMBURSESEWER MGMT/REPORTS/DATA ENT 14,769.36 318243 12/20/2023 100168 FERRELLGAS 568.38 PROPANE STREETS FORKLIFT 455396 1124732928 1630.6212 MOTOR FUELS/OILS STREET EQUIPMENT MAINTENANCI 568.38 318244 12/20/2023 143578 FLEETPRIDE 140.61 BACKUP ALARMS 455302 113067550 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCI 140.61 318245 12/20/2023 161043 FRERICHS CONSTRUCTION CO 1,000.00 NRMP-12685 GERMANE AVE 455155 20231121 4900.2420 NRMP FIN GUAR-DEVELOPER DEP PHYSICAL IMPROV ESCROW BAL SI 1,000.00 318246 12/20/2023 150163 GALLS 66.84- CREDIT MEMO-TRU-SPEC PANTS 453332 26081407 1210,6229 GENERAL SUPPLIES POLICE FIELD OPERATIONS/PATRO 86.68 CHAPLAINS UNIFORMS 455453 26323230 1210.6281 UNIFORM/CLOTHING ALLOWANCE POLICE FIELD OPERATIONS/PATRO 19.84 318247 12/20/2023 161064 GREENLEAF IV 79.48 UB REFUND 7785 1/2 WHITNEY DR 455405 20231214B 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 79.48 318248 12/20/2023 100222 HACH COMPANY 2,132.17 TESTING CHEMICALS FOR WTP 455488 13797359 5325.6214 CHEMICALS WATER TREATMENT FCLTY MNTC/R 2,132.17 318249 12/20/2023 154334 HIGHMARK BUILDERS 1.00 SURCHARG REFUND 4901 DOMINICA 455480 20231206 1001.4072 STATE SURTAX COLLECTED GENERAL FUND REVENUE 526.33 PARTIAL REFUND 4901 DOMINICA 455480 20231206 1001.4060 PERMIT-BUILDING PERMIT GENERAL FUND REVENUE 527.33 318250 12/20/2023 140867 HOCHSPRUNG,ROBERT R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/20/202310:23:27 Council Check Register by GL Page- 17 Council Check Register by Invoice&Summary 9/25/2023 -- 12/22/2023 ICheck# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 318250 12/20/2023 140867 HOCHSPRUNG,ROBERT Continued... 200.00 BOOTS-R HOCHSPRUNG 455115 20231206 1600.6281 UNIFORM/CLOTHING ALLOWANCE STREET MANAGEMENT 200.00 318251 12/20/2023 100255 JOHNSON BROTHERS LIQUOR 492.96 WINE#1 00000109 455679 2431010 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 8.75 FREIGHT#1 00000109 455680 2431010 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 6,771.50 LIQ#1 00000109 455588 2434354 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 58.75 FREIGHT#1 00000109 455589 2434354 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 6,000.00 WINE#1 00000109 455681 2434355 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 85.00 FREIGHT#1 00000109 455682 2434355 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 522.66 LIQ#3 00000109 455647 2434357 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 3.75 FREIGHT#3 00000109 455648 2434357 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 705,88 LIQ#1 00000109 455590 2434358 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 5.00 FREIGHT#1 00000109 455591 2434358 5015,6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 664.53 WINE#1 00000109 455683 2434359 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 12.50 FREIGHT#1 00000109 455684 2434359 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 4,892.65 LIQ#1 00000109 455592 2434360 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 57.50 FREIGHT#1 00000109 455593 2434360 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 2,031,50 LIQ#2 00000109 455625 2434361 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 30.00 FREIGHT#2 00000109 455626 2434361 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 3,232.30 LIQ#3 00000109 455649 2434362 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 37.50 FREIGHT#3 00000109 455650 2434362 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 1,131.33 WINE#1 00000109 455685 2434363 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 22.50 FREIGHT#1 00000109 455686 2434363 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 5,493.18 LIQ#1 00000109 455594 2434364 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 55.00- CMLIQ#1 00000109 455595 2434364 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 30.42 FREIGHT#1 00000109 455596 2434364 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 5,519.07 LIQ#2 00000109 455627 2434365 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 41.25 FREIGHT#2 00000109 455628 2434365 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 12,297.06 LIQ#3 00000109 455651 2434366 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 80.84 FREIGHT#3 00000109 455652 2434366 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 1,881.00 LIQ#1 00000109 455597 2434367 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 26.89 FREIGHT#1 00000109 455598 2434367 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 316.75 WINE#1 00000109 455687 2434368 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 5.00 FREIGHT#1 00000109 455688 2434368 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 626.92 WINE#2 00000109 455707 2434370 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 8.75 FREIGHT#2 00000109 455708 2434370 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 1,062.00 LIQ#3 00000109 455653 2434371 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 5.00 FREIGHT#3 00000109 455654 2434371 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 812.73 WINE#3 00000109 455727 2434372 5085,6520 WINE LIQUOR#3 STOCK PURCHASES R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/20/202310:23:27 Council Check Register by GL Page- 18 Council Check Register by Invoice&Summary 9/25/2023 -- 12/22/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 318251 12/20/2023 100255 JOHNSON BROTHERS LIQUOR Continued... 11.25 FREIGHT#3 00000109 455728 2434372 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES ' 1,219,30 WINE#2 00000109 455709 2434373 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 18.75 FREIGHT#2 00000109 455710 2434373 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 3,552.66 WINE#3 00000109 455729 2434374 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 46.25 FREIGHT#3 00000109 455730 2434374 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 730.00 LIQ#1 00000109 455599 2434375 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 12.50 FREIGHT#1 00000109 455600 2434375 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 1,080.00 WINE#1 00000109 455689 2434376 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 22.50 FREIGHT#1 00000109 455690 2434376 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 432.00 LIQ#2 00000109 455629 2434377 5055,6510 LIQUOR LIQUOR#2 STOCK PURCHASES 10.00 FREIGHT#2 00000109 455630 2434377 5055,6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 2,448.00 WINE#2 00000109 455711 2434378 5055,6520 WINE LIQUOR#2 STOCK PURCHASES 37.50 FREIGHT#2 00000109 455712 2434378 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 6.25 FREIGHT#3 00000109 455731 2434379 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 4,168.00 WINE#2 00000109 455713 2434380 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 53.75 FREIGHT#2 00000109 455714 2434380 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 1,350.00 LIQ#3 00000109 455655 2434381 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 31.25 FREIGHT#3 00000109 455656 2434381 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 2,188.00 WINE#3 00000109 455732 2434382 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 38.75 FREIGHT#3 00000109 455733 2434382 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 1,162.08 LIQ#3 00000109 455657 2439221 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 7.71 FREIGHT#3 00000109 455658 2439221 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 166.00 WINE#3 00000109 455734 2439222 5085.6520 WINE LIQUOR#3 STOCK PURCHASES .42 FREIGHT#3 00000109 455735 2439222 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 1,264.80 LIQ#1 00000109 455601 2439223 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 6.25 FREIGHT#1 00000109 455602 2439223 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 1.25 FREIGHT#1 00000109 455693 2439224 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 119.58 LIQ#2 00000109 455631 2439225 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 1.25 FREIGHT#2 00000109 455632 2439225 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 6,318.78 LIQ#1 00000109 455603 2439226 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 42.71 FREIGHT#1 00000109 455604 2439226 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 2,280.09 LIQ#2 00000109 455633 2439227 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES • 19.09 FREIGHT#2 00000109 455634 2439227 5055,6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 3,087.50 LIQ#3 00000109 455659 2439228 5085,6510 LIQUOR LIQUOR#3 STOCK PURCHASES 17.17 FREIGHT#3 00000109 455660 2439228 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 375.00 LIQ#1 00000109 455605 2439229 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 5.00 FREIGHT#1 00000109 455606 2439229 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 860.00 WINE#1 00000109 455694 2439230 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 20.00 FREIGHT#1 00000109 455695 2439230 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/20/202310:23:27 Council Check Register by GL Page- 19 Council Check Register by Invoice&Summary 9/25/2023 -- 12/22/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 318251 12/20/2023 100255 JOHNSON BROTHERS LIQUOR Continued... 1,280.60 LIQ#1 00000109 455607 2439231 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 13.75 FREIGHT#1 00000109 455608 2439231 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 3,756.40 WINE#1 00000109 455696 2439232 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 48.85 FREIGHT#1 00000109 455697 2439232 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 698.95 LIQ#2 00000109 455635 2439233 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 11.67 FREIGHT#2 00000109 455636 2439233 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 839.50 WINE#2 00000109 455715 2439234 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 15.00 FREIGHT#2 00000109 455716 2439234 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 484.40 LIQ#3 00000109 455661 2439235 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 3.75 FREIGHT#3 00000109 455662 2439235 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 529.16 WINE#3 00000109 455736 2439236 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 11.25 FREIGHT#3 00000109 455737 2439236 5085,6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 1,003.95 LIQ#1 00000109 455609 2439237 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 2.50 FREIGHT#1 00000109 455610 2439237 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 700.00 WINE#1 00000109 455698 2439238 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 12.50 FREIGHT#1 00000109 455699 2439238 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 2,107.50 LIQ#2 00000109 455637 2439239 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 36.26 FREIGHT#2 00000109 455638 2439239 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 64.00 WINE#2 00000109 455717 2439240 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 1.25 FREIGHT#2 00000109 455718 2439240 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 515.00 LIQ#3 00000109 455663 2439241 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 3.75 FREIGHT#3 00000109 455664 2439241 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 476.00 WINE#3 00000109 455738 2439242 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 7.50 FREIGHT#3 00000109 455739 2439242 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 1,268.27 WINE#2 00000109 455719 2439244 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 30.00 FREIGHT#2 00000109 455720 2439244 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 678.00 LIQ#3 00000109 455665 2439245 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 5.03 FREIGHT#3 00000109 455666 2439245 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 689.35 WINE#3 00000109 455740 2439246 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 13.75 FREIGHT#3 00000109 455741 2439246 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 220.00 WINE#1 00000109 455691 2439537 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 2.50 FREIGHT#1 00000109 455692 2439537 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 523.00 LIQ#2 00000109 455639 2444450 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 6.25 FREIGHT#2 00000109 455640 2444450 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 1,260.33 WINE#2 00000109 455721 2444451 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 16.46 FREIGHT#2 00000109 455722 2444451 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 319.10 LIQ#1 00000109 455611 2444452 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 3.75 FREIGHT#1 00000109 455612 2444452 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 1,123.30 WINE#1 00000109 455700 2444453 5015.6520 WINE LIQUOR#1 STOCK PURCHASES R55CKR2 LOGIS101 CITY OF APPLE VALLEY 1 2/2 0/2 0 2 31 0:23:27 Council Check Register by GL Page- 20 Council Check Register by Invoice&Summary 9/25/2023 -- 12/22/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 318251 12/20/2023 100255 JOHNSON BROTHERS LIQUOR Continued... 23.96 FREIGHT#1 00000109 455701 2444453 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 135.00 LIQ#1 00000109 455613 2444454 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 1.25 FREIGHT#1 00000109 455614 2444454 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 2,342.90 LIQ#1 00000109 455615 2444455 5015,6510 LIQUOR LIQUOR#1 STOCK PURCHASES 18.80 FREIGHT#1 00000109 455616 2444455 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 548.50 LIQ#2 00000109 455641 2444456 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 3,97 FREIGHT#2 00000109 455642 2444456 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 847.70 LIQ#3 00000109 455669 2444457 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 7.50 FREIGHT#3 00000109 455670 2444457 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 339.44 LIQ#1 00000109 455617 2444458 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 2.50 FREIGHT#1 00000109 455618 2444458 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 1.26 FREIGHT#1 00000109 455702 2444459 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 1,015.00 LIQ#1 00000109 455619 2444460 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES • 15.00 FREIGHT#1 00000109 455620 2444460 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 765.08 WINE#1 00000109 455703 2444461 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 15.00 FREIGHT#1 00000109 455704 2444461 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 672.50 LIQ#2 00000109 455643 2444462 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 11.25 FREIGHT#2 00000109 455644 2444462 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 484.00 WINE#2 00000109 455723 2444463 5055,6520 WINE LIQUOR#2 STOCK PURCHASES 8.75 FREIGHT#2 00000109 455724 2444463 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 644.00 LIQ#3 00000109 455671 2444464 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 7.50 FREIGHT#3 00000109 455672 2444464 5085,6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 92.00 WINE#3 00000109 455742 2444465 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 2.50 FREIGHT#3 00000109 455743 2444465 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 848.60 LIQ#3 00000109 455673 2444466 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 6.25 FREIGHT#3 00000109 455674 2444466 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 1,296.00 WINE#3 00000109 455744 2444467 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 17.50 FREIGHT#3 00000109 455745 2444467 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 744.50 LIQ#3 00000109 455675 2444468 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 5.00 FREIGHT#3 00000109 455676 2444468 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 4,467.96 WINE#3 00000109 455746 2444469 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 53.13 FREIGHT#3 00000109 455747 2444469 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES • 1,132.50 LIQ#1 00000109 455621 2444470 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 16.56 FREIGHT#1 00000109 455622 2444470 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 48.00 WINE#1 00000109 455705 2444471 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 1.25 FREIGHT#1 00000109 455706 2444471 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 47.95 TAX#1 00000109 455623 2444472 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 1.25 FREIGHT#1 00000109 455624 2444472 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 1,949,50 LIQ#2 00000109 455645 2444473 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/20/202310:23:27 Council Check Register by GL Page- 21 Council Check Register by Invoice&Summary 9/25/2023 -- 12/22/2023 Check# Dale Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 318251 12/20/2023 100255 JOHNSON BROTHERS LIQUOR Continued... 41.57 FREIGHT#2 00000109 455646 2444473 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 120.00 WINE#2 00000109 455725 2444474 5055.6520 WINE LIQUOR#2 STOCK PURCHASES . 3.75 FREIGHT#2 00000109 455726 2444474 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 1,809,50 LIQ#3 00000109 455677 2444475 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 30.32 FREIGHT#3 00000109 455678 2444475 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 136,00 WINE#3 00000109 455748 2444476 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 3.75 FREIGHT#3 00000109 455749 2444476 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 230.00 LIQ#3 00000109 455667 2444776 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 1.25 FREIGHT#3 00000109 455668 2444776 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 127,929.84 318252 12/20/2023 147085 JOHNSON,CAROL 499.24 RAINWATER REWARD REIMBURSEMENT 455313 20231129 5505.6249 OTHER CONTRACTUAL SERVICES STORM DRAIN MNTC/RPR/SUMPS 499.24 318253 12/20/2023 113594 JR'S ADVANCED RECYCLERS 193 75 APPLIANCES DROPED IN PARKS 455129 111825 1720.6240 CLEANING SERVICE/GARBAGE REMOVPARK GROUNDS MAINTENANCE 193.75 318254 12/20/2023 111148 KREMER SPRING&ALIGNMENT INC 433.96 ALIGNMENT#307 455140 88274 1630.6265 REPAIRS-EQUIPMENT STREET EQUIPMENT MAINTENANCI 433.96 318255 12/20/2023 154955 KWIK TRIP 3,362.00 NRMP-7545 145TH ST W 455161 20231121 4900.2420 NRMP FIN GUAR-DEVELOPER DEP PHYSICAL IMPROV ESCROW BAL SI 3,362.00 318256 12/20/2023 101616 LMC INSURANCE TRUST 335.19 WC DED BOBADILLA DECEMBER 455291 21774 7205.6315 WORKERS COMP-DEDUCTIBLE INSURANCE CLAIMS 6,172.98 WC DED VIRDEN DECEMBER 455475 21860 7205.6315 WORKERS COMP-DEDUCTIBLE INSURANCE CLAIMS 713.04 WC DED MORRIS DECEMBER 455476 21906 7205.6315 WORKERS COMP-DEDUCTIBLE INSURANCE CLAIMS 7,221.21 318257 12/20/2023 116371 LOFFLER COMPANIES INC(CONT I 8.32- LIQ1 SALES TAX ADJUST 455311 4549896 5025.6265 REPAIRS-EQUIPMENT LIQUOR#1 OPERATIONS 8.32 LIQ1 SALES TAX ADJUST 455311 4549896 5000.2330 DUE TO OTHER GOVERNMENT LIQUOR BALANCE SHEET 720.11 PRINTER TONER&MAINTENANCE 455311 4549896 5025.6265 REPAIRS-EQUIPMENT LIQUOR#1 OPERATIONS 720.11 318258 12/20/2023 156765 MAGNET FORENSICS LLC R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/20/202310:23:27 Council Check Register by GL Page- 22 Council Check Register by Invoice&Summary 9/25/2023 -- 12/22/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 318258 12/20/2023 156765 MAGNET FORENSICS LLC Continued... 3,630.00 AXIOM LICENSE 455138 SIN063610 1200.6280 DUES&SUBSCRIPTIONS POLICE MANAGEMENT 3,630.00 318259 12/20/2023 138342 MANSFIELD OIL COMPANY 14,076.50 DIESEL FUEL (5257 GA) 455325 24854983 1000.1525 INVENTORY-DIESEL FUEL GENERAL FUND BALANCE SHEET 7,063.06 DIESEL FUEL (2254.5 GA) 455324 24854984 1000.1525 INVENTORY-DIESEL FUEL GENERAL FUND BALANCE SHEET 21,139.56 318260 12/20/2023 100309 MENARDS 794.61 AVSA STORAGE GARAGE DOOR REPLA 455152 64798 5210.6266 REPAIRS-BUILDING ARENA 1 BUILDING MAINTENANCE 14.48 WATER TREATMENT PLANT PROJECT 455399 64799 5325.6229 GENERAL SUPPLIES WATER TREATMENT FCLTY MNTC/R 26.32 BUILDING WINTERIZATION 455132 65120 1730.6229 GENERAL SUPPLIES PARK BUILDING MAINTENANCE 5.96 PLUG LINE AT PLANT 455400 65128 5325.6229 GENERAL SUPPLIES WATER TREATMENT FCLTY MNTC/R 38.95 WATER HEATER REPAIRS 455387 65387 1730.6229 GENERAL SUPPLIES PARK BUILDING MAINTENANCE 23.33 TAPE 455305 65434 1060.6229 GENERAL SUPPLIES MUNICIPAL BLDG&GROUNDS MN1 21.98 TREE WRAP 455133 65436 1720.6229 GENERAL SUPPLIES PARK GROUNDS MAINTENANCE 15.87 BUILDING SUPPLIES/GLUE,GREASE 455518 65439 1060.6229 GENERAL SUPPLIES MUNICIPAL BLDG&GROUNDS MN1 6.66- GOLF USE TAX 455131 65449 2200.2330 DUE TO OTHER GOVERNMENT VALLEYWOOD GOLF 6.66 GOLF USE TAX 455131 65449 2230.6229 GENERAL SUPPLIES GOLF SHOP BUILDING MAINTENANi 96.81 CLEANING SUPPLIES,MISC 455131 65449 2230.6229 GENERAL SUPPLIES GOLF SHOP BUILDING MAINTENANI 26.99 SHOP STRETCH WRAP 455391 65486 1720.6229 GENERAL SUPPLIES PARK GROUNDS MAINTENANCE 21.96 PLOW SUPPLIES 455134 65501 1765,6229 GENERAL SUPPLIES PARK EQUIPMENT MAINTENANCE 27.95 SANITARY LIFT 2 455410 65510 5380.6229 GENERAL SUPPLIES SEWER LIFT STN REPAIR&MNTC 1,115.21 318261 12/20/2023 161063 MINNESOTA HOLDING COMPANY LLC 115.10 UB REFUND 7836 142ND ST W 455404 20231214A 5301.4997 WATER/SEWER ACCT REFUNDS WATER&SEWER FUND REVENUE 115.10 318262 12/20/2023 161048 MSP METALS INC 155.03 HOCKEY RINK REPAIR 455389 88380 1725.6229 GENERAL SUPPLIES PARK ICE RINK MAINTENANCE 155.03 318263 12/20/2023 101199 NCPERS MINNESOTA 448.00 NCPERS DECEMBER 2023 455372 314900122023 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 448 00 318264 12/20/2023 103094 NORTHERN ROOFING&CONSTRUCTION 779.90 EDUBLDG-ROOF CLEANING 455165 202390 2092.6266 REPAIRS-BUILDING EDUCATION BUILDING FUND 779 90 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/20/202310:23:27 Council Check Register by GL Page- 23 Council Check Register by Invoice&Summary 9/25/2023 -- 12/22/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 318264 12/20/2023 103094 NORTHERN ROOFING&CONSTRUCTION Continued... 318265 12/20/2023 114052 NOVACARE REHABILITATION 120.00 PRE EMPLOYMENT TESTING 455385 847012425 1600.6235 CONSULTANT SERVICES STREET MANAGEMENT 120.00 318266 12/2012023 127905 OFFICE OF MN.IT SERVICES 347.55 LANGUAGE LINE-NOV 455495 W23110556 1200.6237 TELEPHONE/PAGERS POLICE MANAGEMENT 347.55 318267 12/20/2023 151819 PERSONNEL EVALUATION INC 1,000.00 SERGEANT EVALUATIONS 455465 49664 1210.6235 CONSULTANT SERVICES POLICE FIELD OPERATIONS/PATRO 70.00 NEW HIRE PEP TEST 455289 49693 1210.6249 OTHER CONTRACTUAL SERVICES POLICE FIELD OPERATIONS/PATRO 1,070.00 318268 12/20/2023 100751 PHILLIPS WINE&SPIRITS INC 325,32 WINE#1 00000106 455789 6695987 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 73.32- CMWINE#1 00000106 455790 6695987 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 4.38 FREIGHT#1 00000106 455791 6695987 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 1,137.21 LIQ#1 00000106 455750 6697747 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 22.48- CMLIQ#1 00000106 455751 6697747 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 7.50 FREIGHT#1 00000106 455752 6697747 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 948.70 WINE#1 00000106 455787 6697748 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 21.25 FREIGHT#1 00000106 455788 6697748 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 943.65 LIQ#3 00000106 455776 6697749 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 7.50 FREIGHT#3 00000106 455777 6697749 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 91.00 LIQ#3 00000106 455778 6697750 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 160.00 WINE#3 00000106 455779 6697750 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 3.75 FREIGHT#3 00000106 455780 6697750 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 225.00 LIQ#2 00000106 455764 6697751 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 1.25 FREIGHT#2 00000106 455765 6697751 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 1,401.05 WINE#2 00000106 455794 6697752 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 28.75 FREIGHT#2 00000106 455795 6697752 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 72.00 TAX#2 00000106 455766 6697753 5055.6540 TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 1.25 FREIGHT#2 00000106 455767 6697753 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 1,463.35 LIQ#3 00000106 455781 6701337 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 15.21 FREIGHT#3 00000106 455782 6701337 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 1,511.20 WINE#3 00000106 455800 6701338 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 33.75 FREIGHT#3 00000106 455801 6701338 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 37.80 NTAX#3 00000106 455783 6701339 5085.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 1.25 FREIGHT#3 00000106 455784 6701339 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/20/202310:23:27 Council Check Register by GL Page- 24 Council Check Register by Invoice&Summary 9/25/2023 -- 12/22/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 318268 12/20/2023 100751 PHILLIPS WINE&SPIRITS INC Continued... 3,607.88 LIQ#1 00000106 455753 6701340 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 30.00 FREIGHT#1 00000106 455754 6701340 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 4,044.83 WINE#1 00000106 455792 6701341 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 96.56 FREIGHT#1 00000106 455793 6701341 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 102,00 TAX#1 00000106 455755 6701342 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 2.50 FREIGHT#1 00000106 455756 6701342 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 1,194.40 LIQ#2 00000106 455768 6701343 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 10.63 FREIGHT#2 00000106 455769 6701343 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 1,982.30 WINE#2 00000106 455796 6701344 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 34.06 FREIGHT#2 00000106 455797 6701344 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 88.00 TAX#2 00000106 455770 6701345 5055.6540 TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 1.25 FREIGHT#2 00000106 455771 6701345 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 1,666.22 LIQ#2 00000106 455772 6706963 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 17.51 FREIGHT#2 00000106 455773 6706963 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 561.25 WINE#2 00000106 455798 6706964 5055.6520 WINE LIQUOR#2 STOCK PURCHASES 13.75 FREIGHT#2 00000106 455799 6706964 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 75.50 LIQ#2 00000106 455774 6706965 5055.6510 LIQUOR LIQUOR#2 STOCK PURCHASES 1,25 FREIGHT#2 00000106 455775 6706965 5055.6550 FREIGHT ON RESALE MDSE LIQUOR#2 STOCK PURCHASES 3,749.28 LIQ#1 00000106 455757 6706966 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 56.47 FREIGHT#1 00000106 455758 6706966 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 99.25 LIQ#1 00000106 455759 6706967 5015.6510 LIQUOR LIQUOR#1 STOCK PURCHASES 1,854.77 WINE#1 00000106 455760 6706967 5015.6520 WINE LIQUOR#1 STOCK PURCHASES 41.25 FREIGHT#1 00000106 455761 6706967 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 52.00 TAX#1 00000106 455762 6706968 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 2.50 FREIGHT#1 00000106 455763 6706968 5015,6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 2,895.78 LIQ#3 00000106 455785 6706969 5085.6510 LIQUOR LIQUOR#3 STOCK PURCHASES 31.47 FREIGHT#3 00000106 455786 6706969 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 2,719.30 WINE#3 00000106 455802 6706970 5085.6520 WINE LIQUOR#3 STOCK PURCHASES 55.00 FREIGHT#3 00000106 455803 6706970 5085.6550 FREIGHT ON RESALE MDSE LIQUOR#3 STOCK PURCHASES 33,433.28 318269 12/20/2023 100383 PITNEY BOWES INC 1,415.34 POSTAGE MACH LEASE-4TH QTR 455178 3106398353 1035.6310 RENTAL EXPENSE FINANCE 1,415.34 318270 12/20/2023 100387 POSTMASTER ST PAUL 5,000.00 CITY NEWSLETTERS 455179 20231211 1010.6238 POSTAGE/UPS/FEDEX ADMINISTRATION 5,000.00 318271 12/20/2023 143336 PREMIER LOCATING INC R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/20/202310:23:27 Council Check Register by GL Page- 25 Council Check Register by Invoice&Summary 9/25/2023 -- 12/22/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 318271 12/20/2023 143336 PREMIER LOCATING INC Continued... 718.20 PREMIER LOCATES 11/1 -11/15 455141 42370 5805.6249 OTHER CONTRACTUAL SERVICES STREET LIGHT UTILITY FUND 718.20 318272 12/20/2023 101500 PREMIUM WATERS INC 2.01- BUILDING WATER 454114 319771261 2215.6229 GENERAL SUPPLIES GOLF CLUBHOUSE BUILDING 23.79 BUILDING WATER 455126 319793776 2215.6229 GENERAL SUPPLIES GOLF CLUBHOUSE BUILDING 21.78 318273 12/20/2023 100856 RASCALS CATERING 2,759.73 SENIOR HOLIDAY PARTY LUNCH 455162 1074 1920.6249 OTHER CONTRACTUAL SERVICES SENIOR CENTER 2,759.73 318274 12/20/2023 151358 RLS CONSTRUCTION SUPPLY 779.98 CUTOFF SAW BLADES 455315 121086 1610,6215 EQUIPMENT-PARTS STREET/BOULEVARD REPAIR&MN' 779.98 318275 12/20/2023 160888 SAFEBUILT LLC 12,600.00 MN SPECT TEMP INSPECTOR NOV 455494 152696 1400.6120 EMPLOYMENT AGENCIES INSPECTIONS MANAGEMENT 12,600.00 318276 12/20/2023 101939 SHEPHERD OF THE VALLEY LUTHERAN CHURCH 600.00 POLLING PLACE SECURITY DEPOSIT 455375 20231208A 1000.1560 PREPAID EXPENSES GENERAL FUND BALANCE SHEET 600,00 318277 12/20/2023 118355 SHI INTERNATIONAL CORP 566.14 FIBER AT WELL 17 455331 B17659406 2012.6235 2022143G CONSULTANT SERVICES CABLE TV JOINT POWERS 566.14 318278 12/20/2023 101940 SPIRIT OF LIFE PRESBYTERIAN CHURCH 1,425 00 2024 POLLING PLACE-P12 455376 20231208 1000.1560 PREPAID EXPENSES GENERAL FUND BALANCE SHEET 1,425.00 318279 12/20/2023 140021 ST PAUL,CITY OF 488.70 ASPHALT REPAIRS MIX 455380 IN56461 1610.6229 GENERAL SUPPLIES STREET/BOULEVARD REPAIR&MN 488.70 318280 12/20/2023 142722 STANTEC CONSULTING SERVICES,INC. 1,489.50 PEAS MITIGATION 455394 2163266 5305.6235 2023159W CONSULTANT SERVICES WATER MGMT/REPORT/DATA ENTR' 1,489.50 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/20/202310:23:27 Council Check Register by GL Pager 26 Council Check Register by Invoice&Summary 9/25/2023 -- 12/22/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 318281 12/2012023 161026 TEMPO HOMES Continued... 1,142.50 RETURN APP ESCROW TEMPO HOMES 455377 20231208 4501.5078 2020157G ESCROW-PROJECT COSTS CONSTRUCTION PROJECTS REV 6,622.84 RETURN APP ESCROW TEMPO HOMES 455377 20231208 4501.5078 2020153G ESCROW-PROJECT COSTS CONSTRUCTION PROJECTS REV 327.66 RETURN APP ESCROW TEMPO HOMES 455377 20231208 4901,5078 2020153G ESCROW-PROJECT COSTS PHYSICAL IMPROV ESCROW REVEL 8,093.00 318282 12/20/2023 161047 THE WINDOW BROTHERS LLC 3.10- GOLF SALES TAX ADJUST 455130 129 2215.6249 OTHER CONTRACTUAL SERVICES GOLF CLUBHOUSE BUILDING 3.10 GOLF SALES TAX ADJUST 455130 129 2200.2330 DUE TO OTHER GOVERNMENT VALLEYWOOD GOLF 381.44 WINDOW CLEANING 455130 129 2215.6249 OTHER CONTRACTUAL SERVICES GOLF CLUBHOUSE BUILDING 381,44 318283 12/20/2023 101342 THOMSON REUTERS-WEST 370.47 CLEAR FEES-NOV 455278 849366159 1215.6308 SOFTWARE SUBSCRIPTIONS POLICE DETECTIVE UNIT 370.47 318284 12/20/2023 100777 THRYV 29.00 YELLOW PAGE AD-DEC 455111 110115110120323 2205.6239 PRINTING GOLF MANAGEMENT DEC23 29.00 318285 12/20/2023 100780 TK ELEVATOR CORPORATION 2,268.40 ELEV MAINT PD/MC-DEC23-FEB24 455398 3007608691 1060,6266 REPAIRS-BUILDING MUNICIPAL BLDG&GROUNDS MN1 2,268.40 318286 12/20/2023 100476 TOWN&COUNTRY GLASS 340.90 WINDSHIELD REPLACEMENT#344 455520 65374 1630.6265 REPAIRS-EQUIPMENT STREET EQUIPMENT MAINTENANCI 340.90 318287 12/20/2023 152888 TRI COUNTY WATER CONDITIONING 1.00 SURCHAR REFUND 15250 FLORIST C 455402 20231208 1001.4072 STATE SURTAX COLLECTED GENERAL FUND REVENUE 50.69 PARTIAL REFUND 15250 FLORIST C 455402 20231208 1001.4065 PERMIT-PLUMBING GENERAL FUND REVENUE 51.69 318288 12/20/2023 161062 UNITED PROPERTIES DEVELOPMENT LLC 20,000.00 APPLEWOOD PT.RETURN FIN GUAR. 455492 20231215 4501.5078 2022149G ESCROW-PROJECT COSTS CONSTRUCTION PROJECTS REV 1,172.00 APPLEWOOD PT.RETURN ENG ESCROW 455491 20231215A 4501.5078 2022149G ESCROW-PROJECT COSTS CONSTRUCTION PROJECTS REV 21,172,00 318289 12/20/2023 100490 UNITED STATES GOLF ASSOCIATION 150.00 USGA MEMBERSHIP 455407 20231212 2205.6280 DUES&SUBSCRIPTIONS GOLF MANAGEMENT R55CKR2 LOGIS101 CITY OF APPLE VALLEY 1 2/2 0/2 0 2 31 0:23:27 Council Check Register by GL Page- 27 Council Check Register by Invoice&Summary 9/25/2023 -- 12/22/2023 Check# Dale Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 318289 12/20/2023 100490 UNITED STATES GOLF ASSOCIATION Continued... 150.00 318290 12/20/2023 100493 VALLEY BUICK GMC INC 80.32- RISK MGMT SALES TAX ADJUST 455312 1CBDDAB9 7205.6399 OTHER CHARGES INSURANCE CLAIMS 80.32 RISK MGMT SALES TAX ADJUST 455312 1CBDDAB9 7200.2330 DUE TO OTHER GOVERNMENT RISK MGMT/INSUR BALANCE SHEE 3,045.47 CLM#284489 REPAIR#907 455312 1CBDDAB9 7205.6399 OTHER CHARGES INSURANCE CLAIMS 3,045.47 318291 12/20/2023 100839 VALLEY-RICH COMPANY INC 6,641.00 13929 GALWAY CT WM REPAIR 455482 32752 5330.6269 REPAIRS-OTHER WTR MAIN/HYDRANT/CURB STOP N 6,641.00 318292 12/20/2023 152720 VERIZON 1,440.20 GPS FOR FLEET(76)NOV 455142 350000048782 1530.6237 TELEPHONE/PAGERS FLEET&BUILDINGS-CMF 1,440.20 318293 12/20/2023 100631 VERIZON WIRELESS 2,724.70 CELL SERVICE POLICE 455477 9950725857 1200:6237 TELEPHONE/PAGERS POLICE MANAGEMENT 16.02 PW CELL PHONE DEC 455507 9950953717 1500.6237 TELEPHONE/PAGERS PW MANAGEMENT 16.02 POOL WIRELESS DATA 455507 9950953717 1930.6237 TELEPHONE/PAGERS REDWOOD CC 40.01 IT WIRELESS DATA 455507 9950953717 1030.6237 TELEPHONE/PAGERS INFORMATION TECHNOLOGY 41.47 PK CELL PHONE DEC 455507 9950953717 1710.6237 TELEPHONE/PAGERS PARK MAINTENANCE MANAGEMEN' 41.47 HCSC CELL PHONE DEC 455507 9950953717 1920.6237 TELEPHONE/PAGERS SENIOR CENTER 41.47 SHOP CELL PHONE DEC 455507 9950953717 1530.6237 TELEPHONE/PAGERS FLEET&BUILDINGS-CMF 56.03 CODE WIRELESS DATA 455507 9950953717 1013.6237 TELEPHONE/PAGERS CODE ENFORCEMENT 80.02 PK WIRELESS DATA 455507 9950953717 1710.6237 TELEPHONE/PAGERS PARK MAINTENANCE MANAGEMEN' 82.94 ADM CELL PHONE DEC 455507 9950953717 1010.6237 TELEPHONE/PAGERS ADMINISTRATION 82.94 CODE CELL PHONE DEC 455507 9950953717 1013.6237 TELEPHONE/PAGERS CODE ENFORCEMENT 88.86 FIRE WIRELESS DATA 455507 9950953717 1330.6237 TELEPHONE/PAGERS FIRE OPERATIONS 124,41 STR CELL PHONE DEC 455507 9950953717 1600,6237 TELEPHONE/PAGERS STREET MANAGEMENT 124.41 INSP CELL PHONE DEC 455507 9950953717 1400.6237 TELEPHONE/PAGERS INSPECTIONS MANAGEMENT 160.04 INSP WIRELESS DATA 455507 9950953717 1400.6237 TELEPHONE/PAGERS INSPECTIONS MANAGEMENT 165.88 ENG CELL PHONE DEC 455507 9950953717 1510.6237 TELEPHONE/PAGERS PW ENGINEERING&TECHNICAL 216.45 REC CELL PHONE DEC 455507 9950953717 1700.6237 TELEPHONE/PAGERS PARK&RECREATION MANAGEMEN 240.06 ENG WIRELESS DATA 455507 9950953717 1510.6237 TELEPHONE/PAGERS PW ENGINEERING&TECHNICAL 400.10 REC WIRELESS DATA 455507 9950953717 1700.6237 TELEPHONE/PAGERS PARK&RECREATION MANAGEMEN 416.12 POL WIRELESS DATA 455507 9950953717 1205.6237 TELEPHONE/PAGERS POLICE RECORDS UNIT 776.21 STR WIRELESS DATA 455507 9950953717 1600.6237 TELEPHONE/PAGERS STREET MANAGEMENT 150.06 GOLF WIRELESS DATA 455507 9950953717 2205.6237 TELEPHONE/PAGERS GOLF MANAGEMENT 20.73 UTIL ON-CALL CELL PHONE DEC 455507 9950953717 5365.6237 TELEPHONE/PAGERS SEWER MGMT/REPORTS/DATA ENT R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/20/202310:23:27 Council Check Register by GL Page- 28 Council Check Register by Invoice&Summary 9/25/2023 -- 12/22/2023 Check# Dale Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 318293 12/20/2023 100631 VERIZON WIRELESS Continued... 20.74 UTIL ON-CALL CELL PHONE DEC 455507 9950953717 5305.6237 TELEPHONE/PAGERS WATER MGMT/REPORT/DATA ENTR' 82.94 UTIL CELL PHONE DEC 455507 9950953717 5305.6237 TELEPHONE/PAGERS WATER MGMT/REPORT/DATA ENTR' 82.94 UTIL CELL PHONE DEC 455507 9950953717 5365.6237 TELEPHONE/PAGERS SEWER MGMT/REPORTS/DATA ENT 941.70 UTIL WIRELESS DATA 455507 9950953717 5305.6237 TELEPHONE/PAGERS WATER MGMT/REPORT/DATA ENTR' 40.01 STORM WIRELESS DATA 455507 9950953717 5505.6237 TELEPHONE/PAGERS STORM DRAIN MNTC/RPR/SUMPS 124.41 STORM CELL PHONE DEC 455507 9950953717 5505.6237 TELEPHONE/PAGERS STORM DRAIN MNTC/RPR/SUMPS 40.01 IA1 WIRELESS DATA(PADS 455382 9950953718 5250.6237 TELEPHONE/PAGERS ARENA 1 CONCESSIONS 40.01 UTIL WIRELESS DATA IPADS 455382 9950953718 5305.6237 TELEPHONE/PAGERS WATER MGMT/REPORT/DATA ENTR' 7,479.18 318294 12/20/2023 161055 VERTICAL LIMITS LLC 2,000.00 REFUND-NORDIC ANTENNA ESCROW 455479 20231212 1000.2430 20053010 ANTENNA LEASE ESCROWS GENERAL FUND BALANCE SHEET 2,000.00 318295 12/20/2023 100497 VIKING ELECTRIC SUPPLY INC 134.18 QP LIGHT REPAIR 455388 S007479879001 1730.6229 GENERAL SUPPLIES PARK BUILDING MAINTENANCE 134.18 318296 12/20/2023 100363 XCEL ENERGY 332.30 STREET LIGHTS ELECTRIC 455276 5168727942DEC23 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 332.30 318297 12/20/2023 102620 ZARNOTH BRUSH WORKS INC 2,284,00 SWEEPER BROOMS 455328 196328 5505.6215 EQUIPMENT-PARTS STORM DRAIN MNTC/RPR/SUMPS 2,284.00 20230950 9/25/2023 120679 U S BANK P CARD 298.00 APA MEMBERSHIP JH 453210 240095832563007 1020.6280 DUES&SUBSCRIPTIONS HUMAN RESOURCES 07060530 Supplier 159164 PAYROLLORG(PCARD) 108.43 ACCIDENTAL PURCHASE-REMIBURSED 453170 240113432520000 1200.6399 OTHER CHARGES POLICE MANAGEMENT 14993832 Supplier 159166 XENDURANCE(PCARD) 58.38- AVCC SALES TAX ADJUST 453204 240113432550000 1900.6229 GENERAL SUPPLIES AV COMMUNITY CENTER 29400408 58.38 AVCC SALES TAX ADJUST 453204 240113432550000 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 29400408 876.90 HVAC AIR FILTERS 453204 240113432550000 1900.6229 GENERAL SUPPLIES AV COMMUNITY CENTER 29400408 Supplier 157614 FILTERBUY.COM(PCARD) R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/20/202310:23:27 Council Check Register by GL Page- 29 Council Check Register by Invoice&Summary 9/25/2023 -- 12/22/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20230950 9/25/2023 120679 U S BANK P CARD Continued... 35.00 SEPT MONTHLY MTG-JH 453211 240113432560000 1020.6275 SCHOOLS/CONFERENCES/EXP LOCAL HUMAN RESOURCES 46403731 Supplier 158531 NSAPA(PCARD) 42.90 CRISIS MGMT-LOS ANGELES-(4) 453251 240133932630021 1225,6276 SCHOOLS/CONFERENCES/EXP OTHERPOLICE TRAINING 52207439 Supplier 159159 IN N OUT BURGER(PCARD) 46.14 CRISIS-LOS ANGELES CA-ZAUHAR 453266 240345432640022 1225.6276 SCHOOLS/CONFERENCES/EXP OTHERPOLICE TRAINING 45965245 Supplier 145769 SPEEDWAY(PCARD) 3.99 KITCHEN FOOD 453168 241374632530012 2270.6420 GOLF-FOOD GOLF FOOD&BEVERAGE 54134354 Supplier 149661 HY VEE(PCARD) .43- REC SALES TAX ADJUST 453169 241374632532001 1875.6229 GENERAL SUPPLIES REC PRESCHOOL PROGRAMS 07423184 .43 REC SALES TAX ADJUST 453169 241374632532001 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 07423184 6.41 LO SEPTERMBER FALL 453169 241374632532001 1875.6229 GENERAL SUPPLIES REC PRESCHOOL PROGRAMS 07423184 Supplier 155916 HOBBY LOBBY(PCARD) 1.56- POL SALES TAX ADJUST 453217 241374632571004 1275.6229 GENERAL SUPPLIES POL COMMUN OUTREACH/CRIME P 48132500 1.56 POL SALES TAX ADJUST 453217 241374632571004 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 48132500 23.42 COMMUNITY PICNIC 453217 241374632571004 1275,6229 GENERAL SUPPLIES POL COMMUN OUTREACH/CRIME P 48132500 Supplier 148085 MENARDS(PCARD) 58.05 NON OXY FUEL 453223 241374632580013 1630.6212 MOTOR FUELS/OILS STREET EQUIPMENT MAINTENANCI 81661290 Supplier 145769 SPEEDWAY(PCARD) 1.89- ENG SALES TAX ADJUST 453232 241374632595008 1510.6210 OFFICE SUPPLIES PW ENGINEERING&TECHNICAL 45147159 1.89 ENG SALES TAX ADJUST 453232 241374632595008 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 45147159 28.38 CARD STOCK PAPER 453232 241374632595008 1510.6210 OFFICE SUPPLIES PW ENGINEERING&TECHNICAL 45147159 1.99- POL SALES TAX ADJUST 453249 241374632621004 1200.6239 PRINTING POLICE MANAGEMENT 46232792 1.99 POL SALES TAX ADJUST 453249 241374632621004 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 46232792 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/20/202310:23:27 Council Check Register by GL Page- 30 Council Check Register by Invoice&Summary 9/25/2023 -- 12/22/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20230950 9/25/2023 120679 U S BANK P CARD Continued... 21 58 BUSINESS CARDS 453249 241374632621004 1200.6239 PRINTING POLICE MANAGEMENT 46232792 Supplier 100577 OFFICE MAX(PCARD) 325.00 WATER RESOURCES CNF BERGER 453233 241382932590269 5505.6275 SCHOOLS/CONFERENCES/EXP LOCAL STORM DRAIN MNTC/RPR/SUMPS 64620701 325.00 WATER RESOURCES CNF SCHAUM 453233 241382932590269 5505.6275 SCHOOLS/CONFERENCES/EXP LOCAL STORM DRAIN MNTC/RPR/SUMPS 64620701 Supplier 148118 U OF M CCE(PCARD) 20.96 REFRESHMENTS FOR TRAINING 453202 241640732566910 5305.6399 OTHER CHARGES WATER MGMT/REPORT/DATA ENTR' 01464730 Supplier 103023 KWIK TRIP INC(PCARD) 31.71 KITCHEN FOOD 453226 241640732580910 2270.6420 GOLF-FOOD GOLF FOOD&BEVERAGE 16198266 21.72 CRISIS MGMT-LOS ANGELES-(4) 453241 241640732600910 1225.6276 SCHOOLS/CONFERENCES/EXP OTHERPOLICE TRAINING 17247506 Supplier 100463 TARGET STORES(PCARD) 13.77 4995 NON-OXY FUEL 453234 241640732606910 1330 6212 MOTOR FUELS/OILS FIRE OPERATIONS 01814433 Supplier 103023 KWIK TRIP INC(PCARD) 1.98- AVCC SALES TAX ADJUST 453261 241640732631050 1900.6210 OFFICE SUPPLIES AV COMMUNITY CENTER 77089983 1.98 AVCC SALES TAX ADJUST 453261 241640732631050 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 77089983 29.75 CALENDAR 453261 241640732631050 1900.6210 OFFICE SUPPLIES AV COMMUNITY CENTER 77089983 Supplier 132732 STAPLES(PCARD) 14.11 FBI CONF-ALEXANDRIA-FRANCIS 453713 241861632624004 1225.6276 SCHOOLS/CONFERENCES/EXP OTHERPOLICE TRAINING 56000246 Supplier 156147 BURGER KING(PCARD) 175.00 AWWA DETROIT LAKES-GALLAGHER 453711 242029832570300 5315.6276 SCHOOLS/CONFERENCES/EXP OTHERWATER TRAINING/SCHOOL/MEETIN 36288017 175.00 AWWA-DETROIT LAKES-GALLAGHER 453230 242029832600300 5315.6276 SCHOOLS/CONFERENCES/EXP OTHERWATER TRAINING/SCHOOL/MEETIN 83059027 Supplier 141518 MN AWWA(PCARD) 849.90 BLUE CARD-PHOENIX-KARNICK 453225 242078532591711 1310.6276 SCHOOLS/CONFERENCES/EXP OTHERFIRE TRAINING 01469153 Supplier 150170 EMBASSY SUITES(PCARD) 123.76 COMMUNITY PICNIC 453207 242263832564000 1275,6229 GENERAL SUPPLIES POL COMMUN OUTREACH/CRIME P 08324742 Supplier R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/20/202310:23:27 Council Check Register by GL Page- 31 Council Check Register by Invoice&Summary 9/25/2023 -- 12/22/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20230950 9/25/2023 120679 U S BANK P CARD Continued... 149714 SAMS CLUB(PCARD) 231.23 CLEAN UP DAY STAFF LUNCH 453259 242697932640009 2042.6229 GENERAL SUPPLIES SOLID WASTE GRANT 81097964 Supplier 137112 JIMMY JOHNS(PCARD) 26.77 CABLE FOR RADIO 454056 243990032582950 1210.6229 GENERAL SUPPLIES POLICE FIELD OPERATIONS/PATRO 40067439 Supplier 113057 BEST BUY(PCARD) 12.98 BREAK ROOM WATER REFILL 453166 244273332517302 5095.6229 GENERAL SUPPLIES LIQUOR#3 OPERATIONS 73594380 13.97 OPEN HOUSE MEETING SUPPLIES 453209 244273332557302 4422,6399 2021172G OTHER CHARGES '21 FACILITIES CIP 60226364 Supplier 148071 CUB FOODS(PCARD) 11.47 SENIOR ACADEMY CAKE 453216 244273332577100 1275.6229 GENERAL SUPPLIES POL COMMUN OUTREACH/CRIME P 39123256 Supplier 150796 ALDI(PCARD) 8.11 LO SEPTEMBER APPLES 453238 244273332607302 1875.6229 GENERAL SUPPLIES REC PRESCHOOL PROGRAMS 56460590 Supplier 148071 CUB FOODS(PCARD) 115.02 K9 FOOD 453205 244310632557001 1281.6229 GENERAL SUPPLIES POLICE K-9 28372293 Supplier 148838 ROYAL CANIN(PCARD) 204.94 LOU OTTO EMPL RECOG 453203 244450032564001 1025.6399 OTHER CHARGES EMPLOYEE RECOGNITION PARTY 77215787 Supplier 102101 WAL-MART(PCARD) 143.79 RETIREE SHOOT FOOD/SUPPLIES 453206 244450032564001 1200.6229 GENERAL SUPPLIES POLICE MANAGEMENT 77234598 Supplier 149714 SAMS CLUB(PCARD) 104.40 COMMUNITY ENGAGEMENT T.CENTER 453215 244450032570008 1200.6275 SCHOOLS/CONFERENCES/EXP LOCAL POLICE MANAGEMENT 31957276 Supplier 101368 PAPA JOHNS PIZZA(PCARD) 95.96 PUBLIC SAFETY NIGHT AT THE PAR 454059 244450032574001 1210.6229 GENERAL SUPPLIES POLICE FIELD OPERATIONS/PATRO 78204045 Supplier 149714 SAMS CLUB(PCARD) 112.95- IA1 SALES TAX ADJUST 453231 244450032583006 5205.6310 RENTAL EXPENSE ARENA 1 MANAGEMENT 49717709 112.95 IA1 SALES TAX ADJUST 453231 244450032583006 5200.2330 DUE TO OTHER GOVERNMENT ARENA FUND BALANCE SHEET 49717709 848.58 AVSA FUN FEST JUMPERS 453231 244450032583006 5205.6310 RENTAL EXPENSE ARENA 1 MANAGEMENT 49717709 Supplier R55CKR2 LOGIS101 CITY OF APPLE VALLEY 1 2/2 0/2 0 2 31 0:23:27 Council Check Register by GL Page= 32 Council Check Register by Invoice&Summary 9/25/2023 -- 12/22/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20230950 9/25/2023 120679 U S BANK P CARD Continued... 159136 JUMP CITY(PCARD) 11.94 ADULTS WITH DISABILITIES ACAD 453221 244450032584001 1275.6229 GENERAL SUPPLIES POL COMMON OUTREACH/CRIME P 79696156 .66- EE REC SALES TAX ADJUST 453243 244450032624001 1025.6399 OTHER CHARGES EMPLOYEE RECOGNITION PARTY 82313462 .66 EE REC SALES TAX ADJUST 453243 244450032624001 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 82313462 233.57 FOOD-EE APPRECIATION GOLF EVNT 453243 244450032624001 1025.6399 OTHER CHARGES EMPLOYEE RECOGNITION PARTY 82313462 Supplier 102101 WAL-MART(PCARD) 329,28 FBINAA-ALEXANDRIA-FRANCIS 453246 244450032625004 1225.6276 SCHOOLS/CONFERENCES/EXP OTHERPOLICE TRAINING 19601918 329.28 FBINAA-ALEXANDRIA-SPILLERS 453247 244450032625004 1225.6276 SCHOOLS/CONFERENCES/EXP OTHERPOLICE TRAINING 19602098 Supplier 103257 ARROWWOOD(PCARD) 22.84 ADULTS WITH DISABILITIES ACAD 453255 244450032634001 1275,6229 GENERAL SUPPLIES POL COMMUN OUTREACH/CRIME P 77271617 Supplier 102101 WAL-MART(PCARD) 50.00 GC DOOR PRZES EE GOLF EVENT 453244 244681632620000 1025,6399 OTHER CHARGES EMPLOYEE RECOGNITION PARTY 01602717 Supplier 137805 APPLE VALLEY LIQUOR(PCARD) 47 24 ACCIDENTAL PURCHASE 453208 244921632550000 1200.6399 OTHER CHARGES POLICE MANAGEMENT 12178672 47.24- ACCIDENTAL PURCHASE 453220 244921632570000 1200.6399 OTHER CHARGES POLICE MANAGEMENT 21230819 Supplier 159165 ME GEAR CO(PCARD) 300.00 CO-RESPONSE-TOLLEFSON 453222 244921632570000 1225.6275 SCHOOLS/CONFERENCES/EXP LOCAL POLICE TRAINING 30405972 Supplier 159139 MARIE RIDGEWAY(PCARD) 96.89 CRISIS MGMT-LOS ANGELES-(4) 453248 244939832622066 1225.6276 SCHOOLS/CONFERENCES/EXP OTHERPOLICE TRAINING 99001605 Supplier 159158 DUKES HUNTINGTON BEACH(PCARD) 625.00 GIS/LIS CONF-DULUTH-SOLBERG 453175 245593032549000 1510.6276 SCHOOLS/CONFERENCES/EXP OTHERPW ENGINEERING&TECHNICAL 10919402 191.66 GIS/LIS CNF DULUTH RUMON 453174 245593032549000 5365.6276 SCHOOLS/CONFERENCES/EXP OTHERSEWER MGMT/REPORTS/DATA ENT 10919477 191.66 GIS/LIS CNF DULUTH RUMON 453174 245593032549000 5305.6276 SCHOOLS/CONFERENCES/EXP OTHERWATER MGMT/REPORT/DATA ENTR' 10919477 191,68 GIS/LIS CNF DULUTH RUMON 453174 245593032549000 5505.6276 SCHOOLS/CONFERENCES/EXP OTHERSTORM DRAIN MNTC/RPR/SUMPS R55CKR2 LOGIS101 CITY OF APPLE VALLEY 1 2/2 0/2 0 231 0:23:27 Council Check Register by GL Page- 33 Council Check Register by Invoice&Summary 9/25/2023 -- 12/22/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20230950 9/25/2023 120679 U S BANK P CARD Continued... 10919477 Supplier 148742 MN GIS/LIS CONSORTIUM(PCARD) 36.91 PERSONAL PURCHASE-REMIBURSED 453165 246921632511032 1035.6399 OTHER CHARGES FINANCE 08329562 1.33- IA2 SALES TAX ADJUST 453167 246921632521040 5265.6229 GENERAL SUPPLIES ARENA 2 BLDG MAINTENANCE-HAY 17645031 1.33 IA2 SALES TAX ADJUST 453167 246921632521040 5200.2330 DUE TO OTHER GOVERNMENT ARENA FUND BALANCE SHEET 17645031 19,92 IA2 SMOKE DETECT SAFETY POLE 453167 246921632521040 5265.6229 GENERAL SUPPLIES ARENA 2 BLDG MAINTENANCE-HAY 17645031 Supplier 140339 AMAZON.COM(PCARD) 119.99 BIBOVERALLS-A MACHACEK 453172 246921632531046 1600.6281 UNIFORM/CLOTHING ALLOWANCE STREET MANAGEMENT 79374127 Supplier 151951 CARHARTT(PCARD) 1.50- IA2 SALES TAX ADJUST 453171 246921632531049 5265.6229 GENERAL SUPPLIES ARENA 2 BLDG MAINTENANCE-HAY 68049562 1.50 IA2 SALES TAX ADJUST 453171 246921632531049 5200.2330 DUE TO OTHER GOVERNMENT ARENA FUND BALANCE SHEET 68049562 22,44 IA2 AED INSP TAGS 453171 246921632531049 5265.6229 GENERAL SUPPLIES ARENA 2 BLDG MAINTENANCE-HAY 68049562 Supplier 140339 AMAZON.COM(PCARD) 450.00 MN FALL EXPO-STREETS STAFF(14) 453173 246921632541058 1610.6276 SCHOOLS/CONFERENCES/EXP OTHERSTREET/BOULEVARD REPAIR&MN' 47594271 Supplier 156708 MINNESOTA FALL MAINTE(PCARD) 55.86 SENIOR TIE DYE CLASS SUPPLIES 453176 246921632551067 1920.6229 GENERAL SUPPLIES SENIOR CENTER 07532061 Supplier 100748 MICHAELS(PCARD) 7.70- WQ SALES TAX ADJUST 453213 246921632561071 5505.6229 GENERAL SUPPLIES STORM DRAIN MNTC/RPR/SUMPS 99753289 7.70 WQ SALES TAX ADJUST 453213 246921632561071 5500.2330 DUE TO OTHER GOVERNMENT STORM DRAIN UTIL BALANCE SHEE 99753289 115.70 STRAW BLANKET HUNTERS WOODS 453213 246921632561071 5505.6229 GENERAL SUPPLIES STORM DRAIN MNTC/RPR/SUMPS 99753289 Supplier 159167 AGASSIZ SEED&SUPPLY(PCARD) 6.64- UTIL SALES TAX ADJUST 453218 246921632561072 5390.6265 REPAIRS-EQUIPMENT SWR EQUIP/VEHICLE MISC MNTC/R 97342407 6.64 UTIL SALES TAX ADJUST 453218 246921632561072 5300,2330 DUE TO OTHER GOVERNMENT WATER&SEWER FUND BAL SHEET 97342407 296.58 CAMERA VAN GENERATOR REPAIR 453218 246921632561072 5390,6265 REPAIRS-EQUIPMENT SWR EQUIP/VEHICLE MISC MNTC/R R55CKR2 LOGIS101 CITY OF APPLE VALLEY 1 2/2 0/2 0 2 31 0:2327 Council Check Register by GL Page• 34 Council Check Register by Invoice&Summary 9/25/2023 -- 12/22/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20230950 9/25/2023 120679 U S BANK P CARD Continued... 97342407 Supplier 159169 JWS POWERSPORTS AND(PCARD) 2.15- IA2 SALES TAX ADJUST 453212 246921632561073 5265.6210 OFFICE SUPPLIES ARENA 2 BLDG MAINTENANCE-HAY 14086573 2.15 IA2 SALES TAX ADJUST 453212 246921632561073 5200.2330 DUE TO OTHER GOVERNMENT ARENA FUND BALANCE SHEET 14086573 32.38 IA2 PRINTER PAPER 453212 246921632561073 5265.6210 OFFICE SUPPLIES ARENA 2 BLDG MAINTENANCE-HAY 14086573 2.44- IA2 SALES TAX ADJUST 453219 246921632571077 5265.6229 GENERAL SUPPLIES ARENA 2 BLDG MAINTENANCE-HAY 10273279 2.44 IA2 SALES TAX ADJUST 453219 246921632571077 5200.2330 DUE TO OTHER GOVERNMENT ARENA FUND BALANCE SHEET 10273279 36.80 IA2 CABINET LOCK 453219 246921632571077 5265.6229 GENERAL SUPPLIES ARENA 2 BLDG MAINTENANCE-HAY 10273279 Supplier 140339 AMAZON.COM(PCARD) 17.25 CRISIS-LOS ANGELES CA-ZAUHAR 454057 246921632611012 1225.6276 SCHOOLS/CONFERENCES/EXP OTHERPOLICE TRAINING 38842784 Supplier 159170 TIERRA MIA COFFEE COM(PCARD) 49.03 CRISIS MGMT-LOS ANGELES-(2) 453240 246921632611012 1225.6276 SCHOOLS/CONFERENCES/EXP OTHERPOLICE TRAINING 48802372 30.40 CRISIS-LOS ANGELES CA-ZAUHAR 453239 246921632611012 1225,6276 SCHOOLS/CONFERENCES/EXP OTHERPOLICE TRAINING 48802380 24.58 CRISIS MGMT-LOS ANGELES-FRY 453236 246921632611012 1225,6276 SCHOOLS/CONFERENCES/EXP OTHERPOLICE TRAINING 48802398 Supplier 159155 BJS RESTAURANTS(PCARD) 286.00 MILWAUKEE DRILL 453242 246921632611014 1610.6211 SMALL TOOLS&EQUIPMENT STREET/BOULEVARD REPAIR&MN' 57937067 Supplier 100362 NORTHERN TOOL&EQUIPMENT(PCARD) 15.75 CRISIS-LOS ANGELES CA-ZAUHAR 454058 246921632621020 1225.6276 SCHOOLS/CONFERENCES/EXP OTHERPOLICE TRAINING 08131134 Supplier 159170 TIERRA MIA COFFEE COM(PCARD) 30.43 CRISIS MGMT-LOS ANGELES-(4) 453252 246921632631024 1225.6276 SCHOOLS/CONFERENCES/EXP OTHERPOLICE TRAINING 89691142 64.19 CRISIS MGMT-LOS ANGELES-(4) 453257 246921632631024 1225.6276 SCHOOLS/CONFERENCES/EXP OTHERPOLICE TRAINING 89701693 23.82 CRISIS-LOS ANGELES CA-ZAUHAR 453256 246921632631024 1225.6276 SCHOOLS/CONFERENCES/EXP OTHERPOLICE I RAINING 97029020 Supplier 159168 GUISADOS(PCARD) 86.18 CRISIS MGMT-LOS ANGELES-(3) 453260 246921632641035 1225.6276 SCHOOLS/CONFERENCES/EXP OTHERPOLICE TRAINING R55CKR2 LOGIS101 CITY OF APPLE VALLEY 1 2/2 0/2 0 2 31 0:23:27 Council Check Register by GL Page- 35 • Council Check Register by Invoice&Summary 9/25/2023 -- 12/22/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20230950 9/25/2023 120679 U S BANK P CARD Continued... 92428587 69.13 CRISIS MGMT-LOS ANGELES-(4) 453263 246921632641035 1225.6276 SCHOOLS/CONFERENCES/EXP OTHERPOLICE TRAINING 92429106 Supplier 159163 PACIFIC PALMS RESORT(PCARD) 18,52 CRISIS MGMT-LOS ANGELES-FRY 453262 246921632641037 1225.6276 SCHOOLS/CONFERENCES/EXP OTHERPOLICE TRAINING 80352359 15.28 CRISIS MGMT-LOS ANGELES-TSCHID 453264 246921632641037 1225.6276 SCHOOLS/CONFERENCES/EXP OTHERPOLICE TRAINING 80353746 Supplier 140339 AMAZON.COM(PCARD) 25.00 BCA POR TRNG-MARBEN 453258 247170532631226 1000.1560 PREPAID EXPENSES GENERAL FUND BALANCE SHEET 33699415 Supplier 150045 BCA TRAINING EDUCATION(PCARD) 5.70- UTIL SALES TAX ADJUST 453229 247554232582825 5390.6215 EQUIPMENT-PARTS SWR EQUIP/VEHICLE MISC MNTC/R 83639202 5.70 UTIL$ALES TAX ADJUST 453229 247554232582825 5300.2330 DUE TO OTHER GOVERNMENT WATER&SEWER FUND BAL SHEET 83639202 85.70 CAMERA VAN 422 EXHAUST 453229 247554232582825 5390.6215 EQUIPMENT-PARTS SWR EQUIP/VEHICLE MISC MNTC/R 83639202 Supplier 159160 MIDAS(PCARD) 42.51 FBI CONF-ALEXANDRIA-FRANCIS 453712 247554232621726 1225,6276 SCHOOLS/CONFERENCES/EXP OTHERPOLICE TRAINING 22173442 Supplier 103257 ARROWWOOD(PCARD) 67.21 CRISIS MGMT-LOS ANGELES-(3) 453267 247554232641526 1225.6276 SCHOOLS/CONFERENCES/EXP OTHERPOLICE TRAINING 40828837 21.20 CRISIS-LOS ANGELES CA-ZAUHAR 453265 247554232641526 1225.6276 SCHOOLS/CONFERENCES/EXP OTHERPOLICE TRAINING 40829033 50,03 CRISIS MGMT-LOS ANGELES-(2) 453268 247554232641526 1225.6276 SCHOOLS/CONFERENCES/EXP OTHERPOLICE TRAINING 40829041 Supplier 159157 CHOP TERIYAKI(PCARD) 17.18 FBI CONF-ALEXANDRIA-FRANCIS 453245 247650132620100 1225.6276 SCHOOLS/CONFERENCES/EXP OTHERPOLICE TRAINING 00956359 Supplier 159156 CHINA BUFFET(PCARD) 2.20- CEMETERY SALES TAX ADJUST 453228 247933832580046 5605.6229 GENERAL SUPPLIES CEMETERY 82363074 2.20 CEMETERY SALES TAX ADJUST 453228 247933832580046 5600.2330 DUE TO OTHER GOVERNMENT CEMETERY BALANCE SHEET 82363074 34.58 FENCE REPAIR-CEMETERY 453228 247933832580046 5605.6229 GENERAL SUPPLIES CEMETERY 82363074 Supplier 159162 NTE 5425(PCARD) R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/20/202310:23:27 Council Check Register by GL Page- 36 Council Check Register by Invoice&Summary 9/25/2023 -- 12/22/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20230950 9/25/2023 120679 U S BANK P CARD Continued... 135.00 GUADALAJARA WEBINAR 453235 247933832590006 1225.6275 SCHOOLS/CONFERENCES/EXP LOCAL POLICE TRAINING 71355856 Supplier 159161 MINNESOTA CORONERS(PCARD) 47.00 EMAIL CAMPAIGN MONTHLY 453237 247933832600000 1200.6308 SOFTWARE SUBSCRIPTIONS POLICE MANAGEMENT 03954076 Supplier 141272 MAILCHIMP(PCARD) 155.25 JOURNEYMAN PLUMBER CEU'S-KRING 453224 248019732582864 5370.6275 SCHOOLS/CONFERENCES/EXP LOCAL SEWER TRAINING/SCHOOL/MEETIN 74000018 155.25 JOURNEYMAN PLUMBER CEU'S-KRING 453224 248019732582864 5315.6275 SCHOOLS/CONFERENCES/EXP LOCAL WATER TRAINING/SCHOOL/MEETIN 74000018 Supplier 156611 METRO TESTING(PCARD) 6.93- AVCC SALES TAX ADJUST 453250 248019732622062 1900.6229 GENERAL SUPPLIES AV COMMUNITY CENTER 94800482 6.93 AVCC SALES TAX ADJUST 453250 248019732622062 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 94800482 104.15 AVCC GARAGE DOOR WEATHER STRIP 453250 248019732622062 1900.6229 GENERAL SUPPLIES AV COMMUNITY CENTER 94800482 Supplier 157954 NORTHSHOREDOORPARTS(PCARD) .25- GOLF SALES TAX ADJUST 453269 248019732648727 2205.6229 GENERAL SUPPLIES GOLF MANAGEMENT 02523848 .25 GOLF SALES TAX ADJUST 453269 248019732648727 2200.2330 DUE TO OTHER GOVERNMENT VALLEYWOOD GOLF 02523848 110.87 WOMEN'S CLUB CHAMP AWARDS 453269 248019732648727 2205.6229 GENERAL SUPPLIES GOLF MANAGEMENT 02523848 Supplier 148072 DAKOTA AWARDS&ENG(PCARD) 55.99 AVCC BATTERIES 453214 249430032572070 1900.6215 EQUIPMENT-PARTS AV COMMUNITY CENTER 21800045 118,25 AVCC EMERGENCY EXIT BATTERIES 453253 249430032632070 1900.6215 EQUIPMENT-PARTS AV COMMUNITY CENTER 21400038 47.97 AVCC BATTERIES 453254 249430032632070 1900.6215 EQUIPMENT-PARTS AV COMMUNITY CENTER 21400137 Supplier 148066 BATTERIES PLUS BULBS(PCARD) 478.96- HOTEL REFUND-RAQUEL AND BEN 453201 746921632551066 1013.6276 SCHOOLS/CONFERENCES/EXP OTHERCODE ENFORCEMENT 17373981 Supplier 151472 HOTEL RESERVATIONS.COM(PCARD) 10,757.22 20231050 10/23/2023 120679 U S BANK P CARD 72.24- POL SALES TAX ADJUST 455241 240113432850000 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATRO 31255364 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/20/202310:23:27 Council Check Register by GL Page- 37 Council Check Register by Invoice&Summary 9/25/2023 -- 12/22/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20231050 10/23/2023 120679 U S BANK P CARD Continued... 72.24 POL SALES TAX ADJUST 455241 240113432850000 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 31255364 1.787.94 DIAGNOSTIC TOOL-DODGE 455241 240113432850000 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATRO 31255364 Supplier 160879 MOPARWITECHSOLVIT(PCARD) 998.00 RED DOT INST.TRAINING-WOLF 455255 240113432860000 1225,6275 SCHOOLS/CONFERENCES/EXP LOCAL POLICE TRAINING 32747624 Supplier 156535 STORM TRAINING GROUP(PCARD) 150.00 QR CODE CREATOR-10/23-10/24 455200 240113432860000 1700.6249 OTHER CONTRACTUAL SERVICES PARK&RECREATION MANAGEMEN 40813954 Supplier 156830 BEACONSTAC LITE(PCARD) 75.00 WHEN I WORK SCHEDULING.APP 455218 240113432900000 1930.6249 OTHER CONTRACTUAL SERVICES REDWOOD CC 37099512 150.00 WHEN I WORK SCHEDULING.APP 455218 240113432900000 1710.6280 DUES&SUBSCRIPTIONS PARK MAINTENANCE MANAGEMEN• 37099512 225.76 WHEN I WORK SCHEDULING.APP 455218 240113432900000 1900.6249 OTHER CONTRACTUAL SERVICES AV COMMUNITY CENTER 37099512 500.00 WHEN I WORK SCHEDULING.APP 455218 240113432900000 1940.6249 OTHER CONTRACTUAL SERVICES AQUATIC SWIM CENTER 37099512 350.00 WHEN I WORK SCHEDULING.APP 455218 240113432900000 2205.6249 OTHER CONTRACTUAL SERVICES GOLF MANAGEMENT 37099512 100.00 WHEN I WORK SCHEDULING.APP 455218 240113432900000 5205.6229 GENERAL SUPPLIES ARENA 1 MANAGEMENT 37099512 Supplier 150804 WHENIWORK.COM(PCARD) 75.00 ZOLA ONLINE AD 455207 240113432920000 2205.6239 PRINTING GOLF MANAGEMENT 40152488 Supplier 160884 ZOLA.COM VENDORS(PCARD) 42.16 NAME TAG-TIM KLAUSLER 455199 240133932830010 2012.6229 GENERAL SUPPLIES CABLE TV JOINT POWERS 88743067 Supplier 160880 NAAG TAG ENGRAVING(PCARD) 26.00 PARKING FOR COURT MINNEAPOLIS 455249 240345432910020 1210.6399 OTHER CHARGES POLICE FIELD OPERATIONS/PATRO 35762718 Supplier 151257 32239 225 SOUTH SIXTH(PCARD) 263.80 FOOD FOR STATION 3 OPEN HOUSE 455235 240552432869702 1320.6229 GENERAL SUPPLIES FIRE PREVENTION 99856863 Supplier 101471 BUFFALO WILD WINGS GRILL&BAR(PCARD) 1.30- HCSC SALES TAX ADJUST 455197 240728032820830 1920.6229 GENERAL SUPPLIES SENIOR CENTER 20280728 1.30 HCSC SALES TAX ADJUST 455197 240728032820830 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/20/202310:23:27 Council Check Register by GL Page. 38 Council Check Register by Invoice&Summary 9/25/2023 -- 12/22/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20231050 10/23/2023 120679 U S BANK P CARD Continued... 20280728 17.29 FLEECE BLANKET CRAFT 455197 240728032820830 1920.6229 GENERAL SUPPLIES SENIOR CENTER 20280728 11.69- HCSC SALES TAX ADJUST 455198 240728032820830 1920.6229 GENERAL SUPPLIES SENIOR CENTER 28275522 11.69 HCSC SALES TAX ADJUST 455198 240728032820830 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 28275522 155.60 FLEECE BLANKET CRAFT 455198 240728032820830 1920.6229 GENERAL SUPPLIES SENIOR CENTER 28275522 Supplier 120823 JOANN ETC#1952(PCARD) 1.03- POL SALES TAX ADJUST 455203 241374632791004 1200.6210 OFFICE SUPPLIES POLICE MANAGEMENT 77267494 1.03 POL SALES TAX ADJUST 455203 241374632791004 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 77267494 13.72 AWARDS PAPER 455203 241374632791004 1200.6210 OFFICE SUPPLIES POLICE MANAGEMENT 77267494 27.99 BUSINESS CARDS 455222 241374632801005 1200.6239 PRINTING POLICE MANAGEMENT 66035080 4.55- POL SALES TAX ADJUST 455221 241374632871005 1200.6239 PRINTING POLICE MANAGEMENT 60783217 4.55 POL SALES TAX ADJUST 455221 241374632871005 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 60783217 56.65 BUSINESS CARDS 455221 241374632871005 1200.6239 PRINTING POLICE MANAGEMENT 60783217 3.25- STR SALES TAX ADJUST 455234 241374632911004 1610.6211 SMALL TOOLS&EQUIPMENT STREET/BOULEVARD REPAIR&MN 47299514 3.25 STR SALES TAX ADJUST 455234 241374632911004 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 47299514 43.23 SERVICE MANUAL#332/#346 455234 241374632911004 1610.6211 SMALL TOOLS&EQUIPMENT STREET/BOULEVARD REPAIR&MN' 47299514 Supplier 100577 OFFICE MAX(PCARD) 10.22- GOLF SALES TAX ADJUST 455240 241374632911004 2230.6229 GENERAL SUPPLIES GOLF SHOP BUILDING MAINTENAN1 47365844 10.22 GOLF SALES TAX ADJUST 455240 241374632911004 2200.2330 DUE TO OTHER GOVERNMENT VALLEYWOOD GOLF 47365844 884.46 NEW DOOR 455240 241374632911004 2230.6229 GENERAL SUPPLIES GOLF SHOP BUILDING MAINTENAN' 47365844 Supplier 148085 MENARDS(PCARD) 125.00 TZD-ROCHESTER-WALTER 455226 241382932870269 1275.6276 SCHOOLS/CONFERENCES/EXP OTHERPOL COMMUN OUTREACH/CRIME P R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/20/202310:23:27 Council Check Register by GL Page- 39 Council Check Register by Invoice&Summary 9/25/2023 -- 12/22/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20231050 10/23/2023 120679 U S BANK P CARD Continued... 73317279 290.00 PESTICIDE LICENSE-BROWNING 455212 241382932900269 2205.6280 DUES&SUBSCRIPTIONS GOLF MANAGEMENT 96479424 Supplier 148118 U OF M CCE(PCARD) 43.91 SWAT TRNG-FORT MCCOY-TSCHIDA 455246 241640732806910 1225.6276 SCHOOLS/CONFERENCES/EXP OTHERPOLICE TRAINING 00190476 54.82 NONOXYGENATED FUEL GENERATOR 455213 241640732806910 5390.6212 MOTOR FUELS/OILS SWR EQUIP/VEHICLE MISC MNTC/R 03853856 4.98 BREAD 455182 241640732816910 2270.6420 GOLF-FOOD GOLF FOOD&BEVERAGE 04150830 14.2E CIGARETTE FOR SUICIDAL PARTY 455233 241640732826910 1210.6229 GENERAL SUPPLIES POLICE FIELD OPERATIONS/PATRO 03245697 Supplier 103023 KWIK TRIP INC(PCARD) 1.79- REDWOOD SALES TAX ADJUST 455185 241640732860910 1930.6229 GENERAL SUPPLIES REDWOOD CC 17677751 1.79 REDWOOD SALES TAX ADJUST 455185 241640732860910 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 17677751 23.78 CARPET CLEANING SOLUTION 455185 241640732860910 1930.6229 GENERAL SUPPLIES REDWOOD CC 17677751 2.99 PUMPKIN PS OCT 455209 241640732880910 1875.6229 GENERAL SUPPLIES REC PRESCHOOL PROGRAMS 07807796 7,78 PS PIZZA PARTY 455208 241640732920910 1875.6229 GENERAL SUPPLIES REC PRESCHOOL PROGRAMS 07469252 28.63 PS GENERAL 455208 241640732920910 1875.6229 GENERAL SUPPLIES REC PRESCHOOL PROGRAMS 07469252 Supplier 100463 TARGET STORES(PCARD) 5,94 FEDEX EQUIP.REPAIR 455224 241640732927418 1200.6229 GENERAL SUPPLIES POLICE MANAGEMENT 06848029 Supplier 143773 FEDEX OFFICE(PCARD) 40.00 FACEBOOK AD 455211 242042932800004 2205.6239 PRINTING GOLF MANAGEMENT 16274070 Supplier 148619 FACEBOOK INC(PCARD) 15,00 WATER RESOURCES CONF-SCHAUM 455204 242078532911666 5505.6275 SCHOOLS/CONFERENCES/EXP LOCAL STORM DRAIN MNTC/RPR/SUMPS 01580517 Supplier 153010 IMPARK(PCARD) 19.99 STOCK FLANNEL SHIRTS 455195 242316832900837 1600.6281 UNIFORM/CLOTHING ALLOWANCE STREET MANAGEMENT 09850506 19.99 STOCK FLANNEL SHIRTS 455195 242316832900837 1710.6281 UNIFORM/CLOTHING ALLOWANCE PARK MAINTENANCE MANAGEMEN 09850506 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 1 2/2 0/2 0 2 31 0:23:27 Council Check Register by GL Page- 40 Council Check Register by Invoice&Summary 9/25/2023 -- 12/22/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20231050 10/23/2023 120679 U S BANK P CARD Continued... 19.99 STOCK FLANNEL SHIRTS 455195 242316832900837 1530.6281 UNIFORM/CLOTHING ALLOWANCE FLEET&BUILDINGS-CMF 09850506 19.99 STOCK FLANNEL SHIRTS 455195 242316832900837 1900.6281 UNIFORM/CLOTHING ALLOWANCE AV COMMUNITY CENTER 09850506 19 99 STOCK FLANNEL SHIRTS 455195 242316832900837 5305.6281 UNIFORM/CLOTHING ALLOWANCE WATER MGMT/REPORT/DATA ENTR' 09850506 Supplier 102220 CABELA'S RETAIL INC(PCARD) 600.00 IACP SAN DIEGO CNF FEE-FRANCIS 455192 242580232880170 1225.6276 SCHOOLS/CONFERENCES/EXP OTHERPOLICE TRAINING 97466963 Supplier 111734 IACP(PCARD) 264.00 HARVEST MUGS(12) 455196 242753932919000 1920.6229 GENERAL SUPPLIES SENIOR CENTER 11524903 Supplier 158178 COLOR ME MINE(PCARD) 60.95 TRAINING-FOOD FOR RANGE 455259 244273332837302 1255.6275 SCHOOLS/CONFERENCES/EXP LOCAL POLICE GUN RANGE 61146088 Supplier 148071 CUB FOODS(PCARD) 8.37- REDWOOD SALES TAX ADJUST 455186 244310632830830 1930.6229 GENERAL SUPPLIES REDWOOD CC 13757118 8.37 REDWOOD SALES TAX ADJUST 455186 244310632830830 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 13757118 108.36 HOOVER CARPET CLEANER 455186 244310632830830 1930.6229 GENERAL SUPPLIES REDWOOD CC 13757118 Supplier 100463 TARGET STORES(PCARD) 115.02 POL DOG FOOD 455247 244310632907001 1281.6229 GENERAL SUPPLIES POLICE K-9 30715569 Supplier 148838 ROYAL CANIN(PCARD) 2.84- IA1 SALES TAX ADJUST 455237 244310632920833 5245.6229 GENERAL SUPPLIES ARENA 1 LEARN TO SKATE 31985150 2.84 IA1 SALES TAX ADJUST 455237 244310632920833 5200.2330 DUE TO OTHER GOVERNMENT ARENA FUND BALANCE SHEET 31985150 37.82 LTS CARDSTOCK,BADGE HOLDERS 455237 244310632920833 5245.6229 GENERAL SUPPLIES ARENA 1 LEARN TO SKATE 31985150 3.90- IA1 SALES TAX ADJUST 455236 244310632920837 5245.6229 GENERAL SUPPLIES ARENA 1 LEARN TO SKATE 41747414 3.90 IA1 SALES TAX ADJUST 455236 244310632920837 5200.2330 DUE TO OTHER GOVERNMENT ARENA FUND BALANCE SHEET 41747414 51.82 LTS STICKERS AND LANYARDS 455236 244310632920837 5245.6229 GENERAL SUPPLIES ARENA 1 LEARN TO SKATE 41747414 Supplier 140339 AMAZON.COM(PCARD) R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/20/202310:23:27 Council Check Register by GL Page- 41 Council Check Register by Invoice&Summary 9/25/2023 -- 12/22/2023 - Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20231050 10/23/2023 120679 U S BANK P CARD Continued... 230.00 2023 SOC OF ARB DUES STOCKERT 455206 244310632932008 1520.6280 DUES&SUBSCRIPTIONS NATURAL RESOURCES 75050808 Supplier 154694 ISA(PCARD) 321.94 BESKE UNIFORMS 455220 244356532917623 1200.6281 UNIFORM/CLOTHING ALLOWANCE POLICE MANAGEMENT 88382750 Supplier 100190 GALLS,LLC(PCARD) 17.92 TRUNK OR TREAT 455230 244450032844001 1275.6229 GENERAL SUPPLIES POL COMMUN OUTREACH/CRIME P 79093634 Supplier 102101 WAL-MART(PCARD) 67.66 ELECTION JUDGE TRAININGS 455187 244450032914001 1015.6229 GENERAL SUPPLIES CITY CLERK/ELECTIONS 80992635 Supplier 149714 SAMS CLUB(PCARD) 2.34- POL SALES TAX ADJUST 455301 244450032920008 1275.6229 GENERAL SUPPLIES POL COMMUN OUTREACH/CRIME P 67653937 2.34 POL SALES TAX ADJUST 455301 244450032920008 1000,2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 67653937 31.09 TRUNK OR TREAKT 455301 244450032920008 1275.6229 GENERAL SUPPLIES POL COMMON OUTREACH/CRIME P 67653937 Supplier 120473 DOLLAR TREE STORES,INC.(PCARD) 3.71- POL SALES TAX ADJUST 455229 244550132901410 1275,6229 GENERAL SUPPLIES POL COMMUN OUTREACH/CRIME P 05414481 3.71 POL SALES TAX ADJUST 455229 244550132901410 1000,2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 05414481 321.09 TRUNK OR TREAT CANDY 455229 244550132901410 1275.6229 GENERAL SUPPLIES POL COMMUN OUTREACH/CRIME P 05414481 Supplier 149714 SAMS CLUB(PCARD) 1,379.85 PICKLEBALL NETS(3) 455216 244921532797456 1900,6229 GENERAL SUPPLIES AV COMMUNITY CENTER 41775644 Supplier 143791 PICKLEBALL CENTRAL(PCARD) 44.93 NRPA CONF-DALLAS TX-ROSA 455183 244921532867198 1705.6276 SCHOOLS/CONFERENCES/EXP OTHERPARK&RECREATION MGMT TRAIN( 07218773 Supplier 150670 UBER(PCARD) 41.89 NRPA CONF-DALLAS TX-ROSA 455184 244921532867437 1705.6276 SCHOOLS/CONFERENCES/EXP OTHERPARK&RECREATION MGMT TRAIN( 25654919 Supplier 148551 LYFT(PCARD) 24.06 IACP CONF-SAN DIEGO-FRANCIS 455189 244921532877179 1225.6276 SCHOOLS/CONFERENCES/EXP OTHERPOLICE 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244921632860000 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 37931637 63.16 HOLSTER PARTS 455253 244921632860000 1210.6281 UNIFORM/CLOTHING ALLOWANCE POLICE FIELD OPERATIONS/PATRO 37931637 Supplier 160883 BLADETECH HOLSTER(PCARD) 65.00 ONLINE AD GRAND FALL TASTING 455201 244921632890000 5005.6239 PRINTING LIQUOR GENERAL OPERATIONS 47323343 Supplier 153315 LOCALWINEEVENTS.COM(PCARD) • 167.52 DUTY BELT 455252 244921632920000 1210.6281 UNIFORM/CLOTHING ALLOWANCE POLICE FIELD OPERATIONS/PATRO 32797506 Supplier 160882 B3CK&COMPANY(PCARD) 350.00 HOTEL AD 455245 244939832842005 2205.6239 PRINTING GOLF MANAGEMENT 65700154 Supplier 141722 TDS MEDIA DIRECT INC(PCARD) 93.86 RANGE SUPPLIES AND EQUIPMENT 455188 246921632821083 1255.6229 GENERAL SUPPLIES POLICE GUN RANGE 22055228 Supplier 143525 HOME DEPOT STORE#2833(PCARD) 349.00 NTOA-SCOTTSDALE-HORAZUK 455223 246921632821084 1225.6276 SCHOOLS/CONFERENCES/EXP OTHERPOLICE TRAINING 64578318 Supplier 157025 NATIONAL TACTICAL(PCARD) 366.90 MN FALL EXPO-WERNER 455254 246921632841000 1600.6275 SCHOOLS/CONFERENCES/EXP LOCAL STREET MANAGEMENT 55040541 366.90 MN FALL EXPO-LATHROP 455254 246921632841000 1600.6275 SCHOOLS/CONFERENCES/EXP LOCAL STREET MANAGEMENT 55040541 Supplier 148062 AMERICAN PUBLIC WORKS ASSN(PCARD) 214.54 STATION 1 OPEN HOUSE FOOD 455242 246921632841099 1320.6229 GENERAL SUPPLIES FIRE PREVENTION 14887810 Supplier 126248 RAISING CANE'S(PCARD) .93- WQ SALES TAX ADJUST 455214 246921632851004 5506.6229 GENERAL SUPPLIES STORM LIFT STN MNTC/RPR R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/20/202310:23:27 Council Check Register by GL Page- 43 Council Check Register by Invoice&Summary 9/25/2023 -- 12/22/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20231050 10/23/2023 120679 U S BANK P CARD Continued... 27743144 .93 WQ SALES TAX ADJUST 455214 246921632851004 5500.2330 DUE TO OTHER GOVERNMENT STORM DRAIN UTIL BALANCE SHEE 27743144 12.32 CEDAR KNOLLS FUSES 455214 246921632851004 5506.6229 GENERAL SUPPLIES STORM LIFT STN MNTC/RPR 27743144 Supplier 140339 AMAZON.COM(PCARD) 5.00 TEMP SIGN PERMIT-TRUNK OR THE 455228 246921632861013 1275.6399 OTHER CHARGES POL COMMUN OUTREACH/CRIME P 85376900 Supplier 149588 APPLE VALLEY,CITY OF(PCARD) 866.83 VOLLEYBALLS 455217 246921632861018 1860.6229 GENERAL SUPPLIES REC VOLLEYBALL 51408740 Supplier 102822 MIDWEST VOLLEYBALL WAREHOUSE(PCARD) 28.74 TRAINING-MEALS 455257 246921632881031 1225.6275 SCHOOLS/CONFERENCES/EXP LOCAL POLICE TRAINING 80678462 Supplier 146424 POTBELLY(PCARD) 1.22- POL SALES TAX ADJUST 455227 246921632911057 1275.6229 GENERAL SUPPLIES POL COMMUN OUTREACH/CRIME P 61716525 1.22 POL SALES TAX ADJUST 455227 246921632911057 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 61716525 16.19 TRUNK OR TREAT 455227 246921632911057 1275.6229 GENERAL SUPPLIES POL COMMUN OUTREACH/CRIME P 61716525 Supplier 140339 AMAZON.COM(PCARD) 45.70 2 CARHARTT SWEATSHIRT R ZELLME 455194 246921632921063 1600.6281 UNIFORM/CLOTHING ALLOWANCE STREET MANAGEMENT 41557149 45.68 2 CARHARTT SWEATSHIRT P ELWAIL 455194 246921632921063 5305.6281 UNIFORM/CLOTHING ALLOWANCE WATER MGMT/REPORT/DATA ENTR' 41557149 45.70 2 CARHARTT SWEATSHIRT R KRINGS 455194 246921632921063 5365,6281 UNIFORM/CLOTHING ALLOWANCE SEWER MGMT/REPORTS/DATA ENT 41557149 22.85 SWEATSHIRT-T MCWILLIAMS 455194 246921632921063 5505.6281 UNIFORM/CLOTHING ALLOWANCE STORM DRAIN MNTC/RPR/SUMPS 41557149 Supplier 151951 CARHARTT(PCARD) 15.00 WATER RESOURCES CONF-SCHAUM 455205 246921632921064 5505.6275 SCHOOLS/CONFERENCES/EXP LOCAL STORM DRAIN MNTC/RPR/SUMPS 20220916 Supplier 153010 IMPARK(PCARD) 250.00 EMPLOYEE WELLNESS-STROHMAYER 455239 247170532831228 1000.1560 PREPAID EXPENSES GENERAL FUND BALANCE SHEET 32628716 315.00 PHOTOGRAPHY-STROHMAYER 455239 247170532831228 1225.6275 SCHOOLS/CONFERENCES/EXP LOCAL POLICE TRAINING 32628716 375.00 DMT CERT-STROHMAYER 455239 247170532831228 1000.1560 PREPAID EXPENSES GENERAL FUND BALANCE SHEET R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/20/202310:23:27 Council Check Register by GL Page= 44 Council Check Register by Invoice&Summary 9/25/2023 -- 12/22/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20231050 10/23/2023 120679 U S BANK P CARD Continued... 32628716 75.00 DMT REFRESHER-SCHULTZ 455248 247170532857328 1225.6275 SCHOOLS/CONFERENCES/EXP LOCAL POLICE TRAINING 55082258 75.00 DMT REFRESHER EHMKE 455231 247170532857328 1225.6275 SCHOOLS/CONFERENCES/EXP LOCAL POLICE TRAINING 55082324 75.00 DMT CERTIFICATION-HOLLE 455225 247170532931229 1225.6275 SCHOOLS/CONFERENCES/EXP LOCAL POLICE TRAINING 33595069 Supplier 150045 BCA TRAINING EDUCATION(PCARD) 25.71- UTIL SALES TAX ADJUST 455215 247445532854500 5310.6229 GENERAL SUPPLIES WATER METER RPR/REPLACE/REAI 00563397 25.71 UTIL SALES TAX ADJUST 455215 247445532854500 5300,2330 DUE TO OTHER GOVERNMENT WATER&SEWER FUND BAL SHEET 00563397 342.19 BOOT COVERS FOR METER REPAIR 455215 247445532854500 5310.6229 GENERAL SUPPLIES WATER METER RPR/REPLACE/REAI 00563397 Supplier 148308 SHUBEE(PCARD) 290.58 APA CONF-ST CLOUD-BENETTI 455191 247554232801628 1100,6276 SCHOOLS/CONFERENCES/EXP OTHERDEV MANAGEMENT 06811337 Supplier 137328 BEST WESTERN PLUS(PCARD) 47.00 EMAIL CAMPAIGN MONTHLY 455210 247933832900008 1200.6308 SOFTWARE SUBSCRIPTIONS POLICE MANAGEMENT 03277078 Supplier 141272 MAILCHIMP(PCARD) 1,386.52 IACP SAN DIEGO-HOTEL-FRANCIS 455193 248019732922003 1225.6276 SCHOOLS/CONFERENCES/EXP OTHERPOLICE TRAINING 49200263 Supplier 137328 BEST WESTERN PLUS(PCARD) 368.43 NTOA-SCOTTSDALE-HORAZUK 455219 249413532917004 1225.6276 SCHOOLS/CONFERENCES/EXP OTHERPOLICE TRAINING 04732594 Supplier 154581 BUDGET.COM(PCARD) 4.87- POL SALES TAX ADJUST 455258 249416632828380 1255.6229 GENERAL SUPPLIES POLICE GUN RANGE 01168037 4.87 POL SALES TAX ADJUST 455258 249416632828380 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 01168037 64.86 PIZZA OVEN FOR RANGE 455258 249416632828380 1255.6229 GENERAL SUPPLIES POLICE GUN RANGE 01168037 Supplier 100640 FLEET FARM(PCARD) 239.11 TURNIQUETS 455251 249416632850837 1210.6229 GENERAL SUPPLIES POLICE FIELD OPERATIONS/PATRO 11841410 Supplier 150173 N AMERICAN RESCUE PRODUCT(PCARD) 91.14 SUPPLIES FOR SFST TRAINING 455232 249416632928380 1225.6275 SCHOOLS/CONFERENCES/EXP LOCAL POLICE TRAINING 00453958 Supplier R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/20/202310:23:27 Council Check Register by GL Page- 45 Council Check Register by Invoice&Summary 9/25/2023 -- 12/22/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20231050 10/23/2023 120679 U S BANK P CARD Continued... 129038 HOLIDAY STATIONSTORES#316(PCARD) 32.04 TRAINING-MEALS 455256 249430032909709 1225.6275 SCHOOLS/CONFERENCES/EXP LOCAL POLICE TRAINING 77400487 Supplier 160881 PORTILLOS HOT DOGS(PCARD) 13.98 BREAK ROOM WATER REFILL 455202 249430132790101 5095.6229 GENERAL SUPPLIES LIQUOR#3 OPERATIONS 86478570 156.47 HOSE REEL FOR FS3 455243 249430132790101 1340.6211 SMALL TOOLS&EQUIPMENT FIRE BLDG&GROUNDS MNTC 86479602 28.38 CONCRETE WALL ANCHORS FOR FS3 455244 249430132800101 1340.6229 GENERAL SUPPLIES FIRE BLDG&GROUNDS MNTC 93471821 Supplier 143525 HOME DEPOT STORE#2833(PCARD) 18,469.70 20231051 11/13/2023 100319 CENTERPOINT ENERGY 69.63 SWIM GAS OCT 455443 110055472OCT23 1940.6256 UTILITIES-NATURAL GAS AQUATIC SWIM CENTER 1,612.59 CH GAS OCT 455442 110055563OCT23 1060.6256 UTILITIES-NATURAL GAS MUNICIPAL BLDG&GROUNDS MN1 270.49 IA1 GAS OCT 455413 110060944OCT23 5210.6256 UTILITIES-NATURAL GAS ARENA 1 BUILDING MAINTENANCE 232.92 CMF GAS OCT 455414 110061900OCT23 1540.6256 UTILITIES-NATURAL GAS CMF BUILDINGS&GROUNDS MNTC 15.00 DELANEY PK GAS OCT 455415 55372148OCT23 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 48.02 FIRE STA 3 GAS OCT 455416 55533657OCT23 1340.6256 UTILITIES-NATURAL GAS FIRE BLDG&GROUNDS MNTC 44.60 LIQ 2 GAS OCT 455417 55533673OCT23 5065.6256 UTILITIES-NATURAL GAS LIQUOR#2 OPERATIONS 33.87 VALLEY MID PK GAS OCT 455418 55611420OCT23 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 79.86 REDWOOD PK GAS OCT 455419 55612972OCT23 1930.6256 UTILITIES-NATURAL GAS REDWOOD CC 15.00 WELL 2 GAS OCT 455420 55675664OCT23 5320.6256 UTILITIES-NATURAL GAS WATER WELL/BOOSTER STN MNT/F 154.99 AVCC GAS OCT 455421 55686299OCT23 1900.6256 UTILITIES-NATURAL GAS AV COMMUNITY CENTER 520.62 OLD CH GAS OCT 455441 55710289OCT23 2092.6256 UTILITIES-NATURAL GAS EDUCATION BUILDING FUND 65.71 CMF STRG BLD 2 GAS OCT 455422 55793483OCT23 1540.6256 UTILITIES-NATURAL GAS CMF BUILDINGS&GROUNDS MNTC 15.93 GALAXIE PK GAS OCT 455445 55848238OCT23 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 18.71 AV EAST PK GAS OCT 455423 55851521OCT23 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 524.16 WELL 5 GAS OCT 455424 55851562OCT23 5320.6256 UTILITIES-NATURAL GAS WATER WELL/BOOSTER STN MNT/F 15.00 WELL 4 GAS OCT 455425 55851604OCT23 5320.6256 UTILITIES-NATURAL GAS WATER WELL/BOOSTER STN MNT/F 505.03 WTP GAS OCT 455426 55877872OCT23 5325.6256 UTILITIES-NATURAL GAS WATER TREATMENT FCLTY MNTC/R 21.46 WELL 1 GAS OCT 455427 55887046OCT23 5320.6256 UTILITIES-NATURAL GAS WATER WELL/BOOSTER STN MNT/F 120.97 FIRE STA 1 GAS OCT 455428 55888184OCT23 1340.6256 UTILITIES-NATURAL GAS FIRE BLDG&GROUNDS MNTC 1,290.18 IA 2 GAS OCT 455429 55978928OCT23 5265.6256 UTILITIES-NATURAL GAS ARENA 2 BLDG MAINTENANCE-HAY 73.51 CMF STRG BLD 1 GAS OCT 455430 56034416OCT23 1540.6256 UTILITIES-NATURAL GAS CMF BUILDINGS&GROUNDS MNTC 15.00 HAGEMEISTER PK GAS OCT 455431 56100324OCT23 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 47.98 LIQ 1 GAS OCT 455432 56265598OCT23 5025.6256 UTILITIES-NATURAL GAS LIQUOR#1 OPERATIONS 15.00 JC ACTIVITY CTR GAS OCT 455434 56281637OCT23 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 26.00 AQUATIC CTR GAS OCT 455433 56284078OCT23 1940.6256 UTILITIES-NATURAL GAS AQUATIC SWIM CENTER R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/20/202310:23:27 Council Check Register by GL Page- 46 Council Check Register by Invoice&Summary 9/25/2023 -- 12/22/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20231051 11/13/2023 100319 CENTERPOINT ENERGY Continued... 15.93 HUNTINGTON PK GAS OCT 455435 56346620OCT23 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 71,37 CMF STRG BLD 3 GAS OCT 455436 56696487OCT23 1540.6256 UTILITIES-NATURAL GAS CMF BUILDINGS&GROUNDS MNTC 29,79 460 REFLECTION RD GAS OCT 455437 75761361OCT23 5380.6256 UTILITIES-NATURAL GAS SEWER LIFT STN REPAIR&MNTC 65.00 SWIM UNIT D GAS OCT 455438 78955218OCT23 1940.6256 UTILITIES-NATURAL GAS AQUATIC SWIM CENTER 26,00 SWIM PK GAS OCT 455439 79512695OCT23 1940.6256 UTILITIES-NATURAL GAS AQUATIC SWIM CENTER 174.12 HCSC GAS OCT 455440 79615332OCT23 1920.6256 UTILITIES-NATURAL GAS SENIOR CENTER 36.27 UTIL SAN LIFT 2 GEN GAS OCT 455444 91747147OCT23 5380.6256 UTILITIES-NATURAL GAS SEWER LIFT STN REPAIR&MNTC 432.20 GOLF GAS OCT 455446 96338967OCT23 2215.6256 UTILITIES-NATURAL GAS GOLF CLUBHOUSE BUILDING 6,702.91 20231127 11/22/2023 148015 EMPOWER 215.00 MNDCP-ROTH 457 CONTRIBUTIONS 453725 1121231047489 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 1,985.00 MNDCP-457 CONTRIBUTIONS 453725 1121231047489 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 2,200.00 20231128 11/22/2023 148869 EMPOWER(HCSP) 324.69 SERGEANT HCSP FUNDING-GROSS WA 453716 11212310474811 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 1,135,46 ADMIN HCSP FUNDING-GROSS WAGES 453716 11212310474811 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 1,335,74 SCH 2 HCSP FUNDING-GROSS WAGES 453716 11212310474811 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 1,597.27 POLICE HCSP FUNDING-GROSS WAGE 453716 11212310474811 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 2,228.67 HCSP FUNDING-ANN LV/COMP 453716 11212310474811 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 6,621.83 20231129 11/24/2023 102664 US BANK 10,981.07 EMPLOYEE MEDICARE 453723 1121231047487 9000.2111 ACCRUED FEDERAL/FICA PAYROLL CLEARING BAL SHEET 10,981.07 CITY SHARE MEDICARE 453723 1121231047487 9000.2111 ACCRUED FEDERAL/FICA PAYROLL CLEARING BAL SHEET 31,530.51 EMPLOYEE FICA 453723 1121231047487 9000.2111 ACCRUED FEDERAL/FICA PAYROLL CLEARING BAL SHEET 31,530.51 CITY SHARE FICA 453723 1121231047487 9000.2111 ACCRUED FEDERAL/FICA PAYROLL CLEARING BAL SHEET 72,609.50 FEDERAL TAXES PR 453723 1121231047487 9000.2111 ACCRUED FEDERAL/FICA PAYROLL CLEARING BAL SHEET 157,632.66 20231130 11/22/2023 101238 MINNESOTA CHILD SUPPORT PAYMEN 138.00 CHILD SUPPORT DEDUCTIONS 453721 1121231047485 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 443.00 CHILD SUPPORT DEDUCTIONS 453722 1121231047486 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 581,00 20231131 11/24/2023 100657 MN DEPT OF REVENUE 32,963.09 STATE TAX WITHHOLDING 453720 1121231047484 9000.2112 ACCRUED STATE W/H PAYROLL CLEARING BAL SHEET 32,963.09 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/20/202310:23:27 Council Check Register by GL Page- 47 Council Check Register by Invoice&Summary 9/25/2023 -- 12/22/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20231132 11/24/2023 100392 PUBLIC EMPLOYEES RETIREMENT AS Continued... 63,335.07 EMPLOYEE SHARE PERA 453719 1121231047483 9000.2114 ACCRUED PERA PAYROLL CLEARING BAL SHEET 83,546.27 CITY SHARE PERA 453719 1121231047483 9000.2114 ACCRUED PERA PAYROLL CLEARING BAL SHEET 146,881.34 20231133 11/24/2023 148841 FURTHER 7,108.26 HSA EMPLOYEE FUNDING 453715 11212310474810 9000.2125 ACCRUED HSA/HRA BENEFIT PAYROLL CLEARING BAL SHEET 7,108.26 20231134 11/13/2023 157977 WEX HEALTH INC 1,188.21 FLEX SPENDING DAYCARE 2023 455168 20231113 9000.2119 ACCRUED FLEX SPENDING PAYROLL CLEARING BAL SHEET 1,188.21 20231135 11/30/2023 100009 AFSCME COUNCIL#5 1,393.83 UNION DUES 453078 1108231034361 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 1,393.83 UNION DUES 453714 1121231047481 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 2,787.66 20231136 11/22/2023 151440 VANTAGEPOINT TRANSFER AGENTS 2,863.50 ROTH 457-PLAN#301171-FIRE TOO 453717 11212310474812 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 2,863.50 20231137 11/22/2023 100240 VANTAGEPOINT TRANSFER AGENTS-457 FT 27,163.55 ICMA-PLAN#301171-FIRE TOO 453718 1121231047482 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 27,163,55 20231138 11/22/2023 126459 VANTAGEPOINT TRANSFER AGENTS-ROTH 2,441.47 ROTH IRA-PLAN#705481 453724 1121231047488 9000.212D ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 2,441.47 20231139 11/24/2023 157977 WEX HEALTH INC 302.50 HSA MONTHLY 455370 20231031 7205.6235 CONSULTANT SERVICES INSURANCE CLAIMS 333.75 BENEFITS SOLUTION 455370 20231031 7205.6235 CONSULTANT SERVICES INSURANCE CLAIMS 636.25 20231216 12/22/2023 102664 US BANK 844.02 EMPLOYEE MEDICARE 455124 1214231457495 9000.2111 ACCRUED FEDERAL/FICA PAYROLL CLEARING BAL SHEET 844.02 CITY SHARE MEDICARE 455124 1214231457495 9000.2111 ACCRUED FEDERAL/FICA PAYROLL CLEARING BAL SHEET 3,248.27 FEDERAL TAXES PR 455124 1214231457495 9000.2111 ACCRUED FEDERAL/FICA PAYROLL CLEARING BAL SHEET 4,936.31 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/20/202310:23:27 Council Check Register by GL Page- 48 Council Check Register by Invoice&Summary 9/25/2023 -- 12/22/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20231217 12/22/2023 100657 MN DEPT OF REVENUE Continued... 1,927.16 STATE TAX WITHHOLDING 455123 1214231457494 9000.2112 ACCRUED STATE W/H PAYROLL CLEARING BAL SHEET 1,927.16 20231218 12/21/2023 100038 APPLE VALLEY FIREFIGHTERS RELI(EFT) 1,302.00 455120 1214231457491 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 1,302 00 20231219 12/21/2023 151440 VANTAGEPOINT TRANSFER AGENTS 250.00 ROTH 457-PLAN#301171-FIRE TOO 455125 1214231457496 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 250.00 20231220 12/21/2023 100240 VANTAGEPOINT TRANSFER AGENTS-457 FT 1,700.00 ICMA-PLAN#301171-FIRE TOO 455121 1214231457492 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 1.700.00 20231221 12/2112023 100241 VANTAGEPOINT TRANSFER AGENTS-457 PT 2,551.69 ICMA-PLAN#306561-FIRE ONLY 455122 1214231457493 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 2,551.69 20231222 12/14/2023 100319 CENTERPOINT ENERGY 70.28 SWIM GAS NOV 455364 110055472NOV23 1940.6256 UTILITIES-NATURAL GAS AQUATIC SWIM CENTER 1,896.18 CH GAS NOV 455363 110055563NOV23 1060.6256 UTILITIES-NATURAL GAS MUNICIPAL BLDG&GROUNDS MN] 2,780.77 IA1 GAS NOV 455334 110060944NOV23 5210.6256 UTILITIES-NATURAL GAS ARENA 1 BUILDING MAINTENANCE 1,031.39 CMF GAS NOV 455335 110061900NOV23 1540.6256 UTILITIES-NATURAL GAS CMF BUILDINGS&GROUNDS MNTC 38.65 DELANEY PK GAS NOV 455336 55372148NOV23 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 89.46 FIRE STA 3 GAS NOV 455337 55533657NOV23 1340.6256 UTILITIES-NATURAL GAS FIRE BLDG&GROUNDS MNTC 131.09 LIQ 2 GAS NOV 455338 55533673NOV23 5065.6256 UTILITIES-NATURAL GAS LIQUOR#2 OPERATIONS 90.19 VALLEY MID PK GAS NOV 455339 55611420NOV23 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 217.38 REDWOOD PK GAS NOV 455340 55612972NOV23 1930.6256 UTILITIES-NATURAL GAS REDWOOD CC 15.87 WELL 2 GAS NOV 455341 55675664NOV23 5320.6256 UTILITIES-NATURAL GAS WATER WELL/BOOSTER STN MNT/F 1,065,70 AVCC GAS NOV 455342 55686299NOV23 1900.6256 UTILITIES-NATURAL GAS AV COMMUNITY CENTER 448.24 OLD CH GAS NOV 455362 55710289NOV23 2092.6256 UTILITIES-NATURAL GAS EDUCATION BUILDING FUND i 442.34 CMF STRG BLD 2 GAS NOV 455343 55793483NOV23 1540.6256 UTILITIES-NATURAL GAS CMF BUILDINGS&GROUNDS MNTC 43.92 GALAXIE PK GAS NOV 455366 55848238NOV23 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 34.30 AV EAST PK GAS NOV 455344 55851521 NOV23 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 125.70 WELL 5 GAS NOV 455345 55851562NOV23 5320,6256 UTILITIES-NATURAL GAS WATER WELL/BOOSTER STN MNT/F 35.15 WELL 4 GAS NOV 455346 55851604NOV23 5320.6256 UTILITIES-NATURAL GAS WATER WELL/BOOSTER STN MNT/F 665.94 WTP GAS NOV 455347 55877872NOV23 5325.6256 UTILITIES-NATURAL GAS WATER TREATMENT FCLTY MNTC/R 52.67 WELL 1 GAS NOV 455348 55887046NOV23 5320.6256 UTILITIES-NATURAL GAS WATER WELL/BOOSTER STN MNT/F 398.78 FIRE STA 1 GAS NOV 455349 55888184NOV23 1340.6256 UTILITIES-NATURAL GAS FIRE BLDG&GROUNDS MNTC R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/20/202310:23:27 Council Check Register by GL Page- 49 Council Check Register by Invoice&Summary 9/25/2023 -- 12/22/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20231222 12/14/2023 100319 CENTERPOINT ENERGY Continued... 1,830.90 IA 2 GAS NOV 455350 55978928NOV23 5265.6256 UTILITIES-NATURAL GAS ARENA 2 BLDG MAINTENANCE-HAY 705.51 CMF STRG BLD 1 GAS NOV 455351 56034416NOV23 1540.6256 UTILITIES-NATURAL GAS CMF BUILDINGS&GROUNDS MNTC 37.79 HAGEMEISTER PK GAS NOV 455352 56100324NOV23 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 388.17 LID 1 GAS NOV 455353 56265598NOV23 5025.6256 UTILITIES-NATURAL GAS LIQUOR#1 OPERATIONS 61.45 JC ACTIVITY CTR GAS NOV 455355 56281637NOV23 1730,6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 37.80 AQUATIC CTR GAS NOV 455354 56284078NOV23 1940.6256 UTILITIES-NATURAL GAS AQUATIC SWIM CENTER 25.52 HUNTINGTON PK GAS NOV 455356 56346620NOV23 1730.6256 UTILITIES-NATURAL GAS PARK BUILDING MAINTENANCE 118.41 CMF STRG BLD 3 GAS NOV 455357 56696487NOV23 1540.6256 UTILITIES-NATURAL GAS CMF BUILDINGS&GROUNDS MNTC 21.12 460 REFLECTION RD GAS NOV 455358 75761361NOV23 5380.6256 UTILITIES-NATURAL GAS SEWER LIFT STN REPAIR&MNTC 65,00 SWIM UNIT D GAS NOV 455359 78955218NOV23 1940.6256 UTILITIES-NATURAL GAS AQUATIC SWIM CENTER 57.72 SWIM PK GAS NOV 455360 79512695NOV23 1940,6256 UTILITIES-NATURAL GAS AQUATIC SWIM CENTER 342.04 HCSC GAS NOV 455361 79615332NOV23 1920.6256 UTILITIES-NATURAL GAS SENIOR CENTER 34.30 UTIL SAN LIFT 2 GEN GAS NOV 455365 91747147NOV23 5380.6256 UTILITIES-NATURAL GAS SEWER LIFT STN REPAIR&MNTC 856,97 GOLF GAS NOV 455367 96338967NOV23 2215.6256 UTILITIES-NATURAL GAS GOLF CLUBHOUSE BUILDING 14,256.70 20231223 12/15/2023 100000 MN DEPT OF REVENUE 1,992.00 SALES/USE TAX-GENERAL FUND 455368 20231215 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 224.00 SALES/USE TAX-GOLF 455368 20231215 2200.2330 DUE TO OTHER GOVERNMENT VALLEY WOOD GOLF 17,150.00 SALES/USE TAX-LIQUOR#2 455368 20231215 5000.2330 DUE TO OTHER GOVERNMENT LIQUOR BALANCE SHEET 38,531.00 SALES/USE TAX-LIQUOR#1 455368 20231215 5000.2330 DUE TO OTHER GOVERNMENT LIQUOR BALANCE SHEET 38,925.00 SALES/USE TAX-LIQUOR#3 455368 20231215 5000.2330 DUE TO OTHER GOVERNMENT LIQUOR BALANCE SHEET 19.00 SALES/USE TAX-ARENA 455368 20231215 5200.2330 DUE TO OTHER GOVERNMENT ARENA FUND BALANCE SHEET 2,403.00 SALES/USE TAX-WATER&SWR 455368 20231215 5300.2330 DUE TO OTHER GOVERNMENT WATER&SEWER FUND BAL SHEET 8,00- SALES/USE TAX-STORM DRAIN 455368 20231215 5500.2330 DUE TO OTHER GOVERNMENT STORM DRAIN UTIL BALANCE SHEE 2.00- SALES/USE TAX-CEMETERY 455368 20231215 5600.2330 DUE TO OTHER GOVERNMENT CEMETERY BALANCE SHEET 16.00 SALES/USE TAX-RISK MGMT 455368 20231215 7200.2330 DUE TO OTHER GOVERNMENT RISK MGMT/INSUR BALANCE SHEE' 99,250.00 20231225 12/18/2023 100331 MN DEPT OF LABOR&INDUSTRY(EFT) 39.33- LESS 2%SURCHARGE NOV 455371 20231130 1001.4099 PERMIT-OTHER GENERAL FUND REVENUE 1.00- PERMIT SURCHARGE ADJ 455371 20231130 1001.4072 STATE SURTAX COLLECTED GENERAL FUND REVENUE 1,966.26 PERMIT SURCHARGE NOV 455371 20231130 1001.4072 STATE SURTAX COLLECTED GENERAL FUND REVENUE 1,925.93 20231227 12/14/2023 101671 MN DEPT OF REVENUE 22.70 DIESEL TAX-TRAFFIC SIGNS 455369 20231214 1680.6212 MOTOR FUELS/OILS TRAFFIC SIGNS/SIGNALS/MARKER; 34.09 DIESEL TAX-PARKS 455369 20231214 1765.6212 MOTOR FUELS/OILS PARK EQUIPMENT MAINTENANCE 217.62 DIESEL TAX-STREETS 455369 20231214 1630.6212 MOTOR FUELS/OILS STREET EQUIPMENT MAINTENANCI 15.54 DIESEL TAX-WATER 455369 20231214 5345.6212 MOTOR FUELS/OILS WATER EQUIP/VEHICLE/MISC MNTC R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/20/202310:23:27 Council Check Register by GL Page- 50 Council Check Register by Invoice&Summary 9/25/2023 -- 12/22/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 20231227 12/14/2023 101671 MN DEPT OF REVENUE Continued... 22.95 DIESEL TAX-SEWER 455369 20231214 5390.6212 MOTOR FUELS/OILS SWR EQUIPNEHICLE MISC MNTC/R 244.85 DIESEL TAX-STORM 455369 20231214 5505.6212 MOTOR FUELS/OILS STORM DRAIN MNTC/RPR/SUMPS 557.75 1,689,908.69 Grand Total Payment Instrument Totals Checks 545,398.48 EFT Payments 555,656.19 A/P ACH Payment 588,854.02 Total Payments 1,689,908.69 \94, 49,4\A �23 Z4 R55CKS2 LOGIS100 CITY OF APPLE VALLEY 12/20/202310:23:36 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 1 9/25/2023 - 12/22/2023 Company Amount 01000 GENERAL FUND 267,918.26 02010 CABLE TV RESERVE FUND 608.30 02025 ROAD ESCROW FUND 8,007.00 02040 SOLID WASTE GRANT 231.23 02090 PARTNERS IN EDUCATION 2,289.01 02110 CARES ACT 2020 2,250.00 02200 VALLEYWOOD GOLF FUND 11,723.04 03260 TIF DOWNTOWN REDEVELOPMENT 2,035.08 04420 '21 FACILITIES CIP 27,658.04 04500 CONSTRUCTION PROJECTS 36,084.34 04810 PEG-CABLE CAPITAL EQUIP 4,830.30 04900 PHYSICAL IMPROVEMENTS ESCROW F 4,689.66 05000 LIQUOR FUND 486,548.10 05200 ARENA FUND 9,552.69 05300 WATER&SEWER FUND 391,654.62 05500 STORM DRAINAGE UTILITY FUND 9,058.22 05600 CEMETERY FUND LEVEL PROGRAM 32.58 05800 STREET LIGHT UTIL FUND 2,089.84 07200 RISK MANAGEMENT/INSURANCE FUND 19,100.65 09000 PAYROLL CLEARING FUND 403,547.73 • Report Totals 1,689,908.69 I n I 11 1 • li R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/28/2023 8:22:29 Council Check Register by GL Page- 1 Council Check Register by Invoice&Summary 7/24/2023 -- 12/29/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 30604 12/22/2023 158627 APPLE VALLEY FIREFIGHTERS RELIEF(ACH) 348,000.00 2023 CITY FIRE RELIEF CONTRIB. 455856 20231218 1365.6319 REIMBURSEMENT OF REV COLL FOR FIRE RELIEF 348,000.00 30605 12/29/2023 155911 5 STAR INSPECTIONS INC 7,310.68 ELECTRICAL INSP.FEES-NOV 455925 20231211 1400.6243 ELECTRICAL PERMIT FEES INSPECTIONS MANAGEMENT 7,310.68 30606 12/29/2023 100101 ACE HARDWARE 2.27- DISCOUNT 455908 101310986251 1330.6333 GENERAL-CASH DISCOUNTS FIRE OPERATIONS 22.77 CLEANING SUPPLIES FOR STATIONS 455908 101310986251 1330.6229 GENERAL SUPPLIES FIRE OPERATIONS 1.09- DISCOUNT 455909 101350986061 1200,6333 GENERAL-CASH DISCOUNTS POLICE MANAGEMENT 10.99 POL BATTERIES 455909 101350986061 1200.6215 EQUIPMENT-PARTS POLICE MANAGEMENT 2.99- DISCOUNT 456064 101360986571 1765.6333 GENERAL-CASH DISCOUNTS PARK EQUIPMENT MAINTENANCE 29.99 SHOP DRILL BIT 456064 101360986571 1765.6211 SMALL TOOLS&EQUIPMENT PARK EQUIPMENT MAINTENANCE 20.99- DISCOUNT 455907 101390985241 5605.6333 GENERAL-CASH DISCOUNTS CEMETERY 209.99 CEMETERY FLAG POLE ROPE 455907 101390985241 5605.6229 GENERAL SUPPLIES CEMETERY .69- DISCOUNT 455910 101390986071 1610.6333 GENERAL-CASH DISCOUNTS STREET/BOULEVARD REPAIR&MN' 6.99 SHOP TENSION ROD 455910 101390986071 1610.6229 GENERAL SUPPLIES STREET/BOULEVARD REPAIR&MN' 252.70 30607 12/29/2023 150442 ADVANCED ENGINEERING&ENVIRO 5,405.00 WATER SYSTEM PSI STUDY 455928 91633 5305.6235 2023142W CONSULTANT SERVICES WATER MGMT/REPORT/DATA ENTR' 5,405 00 30608 12/29/2023 144685 AM CRAFT SPIRITS INC 25.25 TAX#1 00051504 455960 18029 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 1.00 FREIGHT#1 00051504 455961 18029 5015.6550 FREIGHT ON RESALE MDSE LIQUOR#1 STOCK PURCHASES 26.25 30609 12/29/2023 153995 AMAZON CAPITAL SERVICES 63.96 BASKETBALL 455891 166G9KRRQ791 1870.6229 GENERAL SUPPLIES REC BASKETBALL 63.96 30610 12/29/2023 156688 ANGRY INCH BREWING 288.00 BEER#1 00052796 455962 1173 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 288.00 30611 12/29/2023 137136 APPLE AWARDS INC 122.18 RETIREMENT APPLE/KEY DINGMAN 455882 73120 1025.6399 OTHER CHARGES EMPLOYEE RECOGNITION PARTY 122.18 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/28/2023 8:22:29 Council Check Register by GL Page- 2 Council Check Register by Invoice&Summary 7/24/2023 -- 12/29/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 30611 12/29/2023 137136 APPLE AWARDS INC Continued... 30612 12/29/2023 150791 BALD MAN BREWING 283.60 BEER#1 00052212 455976 7841 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 283.60 30613 12/29/2023 155342 BARREL THEORY BEER CO 159.00 BEER#3 00052690 455978 3582 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 388.00 BEER#3 00052690 455977 3623 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 547.00 30614 12/29/2023 152535 BIRCH TREE CARE 2,892.75 TREE REMOVAL-POST CONSTRUCT! 455927 46100 2027.6810 2021101R CONSTRUCTION IN PROGRESS ROAD ESCROW 2,892.75 30615 12/29/2023 151877 BLACK STACK BREWING,INC. 200 00 THC/CBD#1 00052297 455979 25311 5015.6515 THC/CBD LIQUOR#1 STOCK PURCHASES 200.00 30616 12/29/2023 157178 BLUE CLOUD DISTRIBUTION OF MINNESOTA 311.20 BEER#2 00052855 455981 100961645 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 506.95 BEER#1 00052855 455980 100961698 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 818.15 30617 12/29/2023 100634 C L BENSEN CO INC 122.88 FILTERS 455901 144278 1920.6229 GENERAL SUPPLIES SENIOR CENTER 122.88 30618 12/29/2023 156829 CARRS TREE SERVICE,INC 120,531.25 2023 ASH TREE REMOVAL-PMT#1 455938 20231208 1520.6249 2023165G OTHER CONTRACTUAL SERVICES NATURAL RESOURCES 120,531.25 30619 12/29/2023 148990 CASPERSON,JULIE 228.80 XA BEAT INSTRUCTOR 456061 20231221 1920.6249 OTHER CONTRACTUAL SERVICES SENIOR CENTER 228.80 30620 12/29/2023 100630 CASPERSON,PATRICK S 66.81 10/3-12/18 MILEAGE-CASPERSON 456062 20231218 1700.6277 MILEAGE/AUTO ALLOWANCE PARK&RECREATION MANAGEMEN 66.81 30621 12/2912023 143314 CLEAR RIVER BEVERAGE R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/28/2023 8:22:29 Council Check Register by GL Page- 3 Council Check Register by Invoice&Summary 7/24/2023 -- 12/29/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 30621 12/29/2023 143314 CLEAR RIVER BEVERAGE Continued... 38.00 THC#1 00051160 455982 722486 5015.6515 THC/CBD LIQUOR#1 STOCK PURCHASES 174.00 BEER#1 00051160 455983 722486 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 140.00- CMBEER#1 00051160 455984 722493 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 238.25 BEER#3 00051160 455988 722529 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 22.50- CMBEER#3 00051160 455989 722530 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 188.60 BEER#2 00051160 455986 723516 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 60.00 TAX#2 00051160 455987 723516 5055.6540 TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 129.00 BEER#3 00051160 455990 723610 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 140.00 TAX#3 00051160 455991 723610 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 605.00 BEER#3 00051160 455992 724749 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 176.50 TAX#3 00051160 455993 724749 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 752.75 BEER#1 00051160 455985 724759 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 2,339.60 30622 12/29/2023 148717 COVERT TRACK GROUP INC 1,213.30 COVERT TRACK SERVICES 455860 INVCT004483 1210.6249 OTHER CONTRACTUAL SERVICES POLICE FIELD OPERATIONS/PATRO 1,213.30 30623 12/29/2023 100116 CUSHMAN MOTOR CO INC 16,025.05 HOLDER REPAIR#209 455868 209182 1765.6265 REPAIRS-EQUIPMENT PARK EQUIPMENT MAINTENANCE 2,304.93 HOLDER JOYSTICK#222 455857 209203 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 298.43 PLOW PARTS 455945 209218 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 18,628.41 30624 12/29/2023 100128 DAKOTA ELECTRIC ASSOCIATION 5.00 CD SIREN-PILOT KNOB#394930-2 455892 200010000089DEC 1290.6255 UTILITIES-ELECTRIC CIVIL DEFENSE MANAGEMENT 23 5.10 CD SIREN-CHAPARRAL#2010833 455892 200010000089DEC 1290.6255 UTILITIES-ELECTRIC CIVIL DEFENSE MANAGEMENT 23 5.10 CD SIREN-WILDWOOD#2010825 455892 200010000089DEC 1290.6255 UTILITIES-ELECTRIC CIVIL DEFENSE MANAGEMENT 23 5.10 CD SIREN-CED KNOLLS#2010817 455892 200010000089DEC 1290.6255 UTILITIES-ELECTRIC CIVIL DEFENSE MANAGEMENT 23 5.10 CD SIREN-GALAXIE&42#2010809 455892 200010000089DEC 1290.6255 UTILITIES-ELECTRIC CIVIL DEFENSE MANAGEMENT 23 5.10 CD SIREN-DUCHESS#2010791 455892 200010000089DEC 1290.6255 UTILITIES-ELECTRIC CIVIL DEFENSE MANAGEMENT 23 5.10 CD SIREN-DELANEY#2010783 455892 2000100000B9DEC 1290.6255 UTILITIES-ELECTRIC CIVIL DEFENSE MANAGEMENT 23 5.10 CD SIREN-HUNTINGTON#2010775 455892 200010000089DEC 1290,6255 UTILITIES-ELECTRIC CIVIL DEFENSE MANAGEMENT R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/28/2023 8:22:29 Council Check Register by GL Page- 4 Council Check Register by Invoice&Summary 7/24/2023 -- 12/29/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 30624 12/29/2023 100128 DAKOTA ELECTRIC ASSOCIATION Continued... 23 5.10 CD SIREN-CMF#2010767 455892 200010000089DEC 1290.6255 UTILITIES-ELECTRIC CIVIL DEFENSE MANAGEMENT 23 16.12 PK-BELMT PD AER/FOUNT#325093-3 455892 200010000089DEC 1720.6255 UTILITIES-ELECTRIC PARK GROUNDS MAINTENANCE 23 16.24 LEGION FLD PRESS BX#310081-5 455892 200010000089DEC 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 23 17.01 FOUNDER PK LT#366449-7 455892 200010000089DEC 1740.6255 UTILITIES-ELECTRIC PARK SIDEWALK/PATH MAINTENANi 23 19.20 ALIMAGNET PK RESTRM#144117-9 455892 200010000089DEC 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 23 21.51 HAGEMEISTER TENNIS LTS#1804087 455892 200010000089DEC 1745.6255 UTILITIES-ELECTRIC PARK CRT/GAME AREA MAINTENAN 23 27.56 KELLEY PD PK/SPKLR#405066-2 455892 200010000089DEC 1720.6255 UTILITIES-ELECTRIC PARK GROUNDS MAINTENANCE 23 28.20 GALAXIE PK WMHSE#481583-3 455892 200010000089DEC 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 23 36.69 SALT BLDG#310219-1 455892 200010000089DEC 1540.6255 UTILITIES-ELECTRIC CMF BUILDINGS&GROUNDS MNTC 23 36.95 EASTVIEW PRESS BOX#2079408 455892 200010000089DEC 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 23 43.86 COBBLESTONE PAVILLION 455892 200010000089DEC 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 23 44.33 PW RADIO EQUIP#215383-1 455892 200010000089DEC 1540.6255 UTILITIES-ELECTRIC CMF BUILDINGS&GROUNDS MNTC 23 45.57 AV EAST PK WMHSE#2148484 455892 200010000089DEC 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 23 47.89 SCOTT TENNIS LTS#1804079 455892 200010000089DEC 1745.6255 UTILITIES-ELECTRIC PARK CRT/GAME AREA MAINTENAN 23 62.87 PARK HS#4 FIELDS#224529-8 455892 200010000089DEC 1780.6255 UTILITIES-ELECTRIC PARK HIGH SCHOOL#4 FIELDS 23 69.88 HAGEMEISTER PK SHLTR#151256-5 455892 200010000089DEC 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 23 70.39 FARO PK RESTROOMS#1617653 455892 200010000089DEC 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 23 70.61 VALLEY MID PK SHLTR#1247824 455892 200010000089DEC 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 23 73.52 DELANEY PK SHLTR#151247-4 455892 200010000089DEC 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 23 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/28/2023 8:22:29 Council Check Register by GL Page- 5 Council Check Register by Invoice&Summary 7/24/2023 -- 12/29/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 30624 12/29/2023 100128 DAKOTA ELECTRIC ASSOCIATION Continued... 115.28 HUNTINGTON PK SHLTR#2014926 455892 200010000089DEC 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 23 197,73 CMF STORAGE#2009652 455892 200010000089DEC 1540.6255 UTILITIES-ELECTRIC CMF BUILDINGS&GROUNDS MNTC 23 207.64 AQUATIC CENTER#273061-2 455892 200010000089DEC 1940.6255 UTILITIES-ELECTRIC AQUATIC SWIM CENTER 23 212.57 REDWOOD/POOL#108328-6 455892 200010000089DEC 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 23 407.07 AVFAC EXPANSION#443065-8 455892 200010000089DEC 1940.6255 UTILITIES-ELECTRIC AQUATIC SWIM CENTER 23 587.49 EASTVIEW-HIGHLAND#1889047 455892 200010000089DEC 1715.6255 UTILITIES-ELECTRIC PARK ATHLETIC FIELD MAINTENAN( 23 613.45 TEEN CENTER#268335-7 455892 200010000089DEC 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 23 1,090.28 HAYES COMM&SR CTR#451229-9 455892 200010000089DEC 1920.6255 UTILITIES-ELECTRIC SENIOR CENTER 23 1,114.04 QUARRY PT ATHLCPLX#456933-1 455892 200010000089DEC 1715.6255 UTILITIES-ELECTRIC PARK ATHLETIC FIELD MAINTENAN( 23 1,377.34 FIRE STATION#3#146046-8 455892 200010000089DEC 1340.6255 UTILITIES-ELECTRIC FIRE BLDG&GROUNDS MNTC 23 1,387.35 FIRE STATION#1#111343-0 455892 200010000089DEC 1340.6255 UTILITIES-ELECTRIC FIRE BLDG&GROUNDS MNTC 23 1,484.60 PARK PATHWAY LTS#2053296 455892 200010000089DEC 1740.6255 UTILITIES-ELECTRIC PARK SIDEWALK/PATH MAINTENAN, 23 1,707.40 CENTRAL MAINT FAC#511870-8 455892 200010000089DEC 1540.6255 UTILITIES-ELECTRIC CMF BUILDINGS&GROUNDS MNTC 23 1,933.45 AV COMM CTR#1883305 455892 200010000089DEC 1900.6255 UTILITIES-ELECTRIC AV COMMUNITY CENTER 23 4,046.02 MUNICIPAL CENTER#288247-0 455892 200010000089DEC 1060.6255 UTILITIES-ELECTRIC MUNICIPAL BLDG&GROUNDS MN1 23 1,028.94 OLD CITY HALL#517541-9 - 455892 200010000089DEC 2092.6255 UTILITIES-ELECTRIC EDUCATION BUILDING FUND 23 85.97 CENTRAL VILLAGE P-LOT 455892 200010000089DEC 2097.6255 UTILITIES-ELECTRIC CENTRAL VILLAGE PARKING LOT 23 53.80 VLLYWD GOLF SPRINK-134893-7 455892 200010000089DEC 2235.6255 UTILITIES-ELECTRIC GOLF COURSE MAINTENANCE 23 563.62 LIQUOR STORE 2#138678-8 455892 200010000089DEC 5065.6255 UTILITIES-ELECTRIC LIQUOR#2 OPERATIONS 23 1,243.00 LIQUOR STORE 1#145003-0 455892 200010000089DEC 5025.6255 UTILITIES-ELECTRIC LIQUOR#1 OPERATIONS R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/28/2023 8:22:29 Council Check Register by GL Page- 6 Council Check Register by Invoice&Summary 7/24/2023 -- 12/29/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 30624 12/29/2023 100128 DAKOTA ELECTRIC ASSOCIATION Continued... 23 1,777.54 LIQUOR STORE 3#444140-8 455892 200010000089DEC 5095.6255 UTILITIES-ELECTRIC LIQUOR#3 OPERATIONS 23 5,406.63 HAYES PK ICE ARENA#222230-5 455892 200010000089DEC 5265.6255 UTILITIES-ELECTRIC ARENA 2 BLDG MAINTENANCE-HAY 23 6,696.33 ICE ARENA#1#136723-4 455892 200010000089DEC 5210.6255 UTILITIES-ELECTRIC ARENA 1 BUILDING MAINTENANCE 23 16.12 PUMPHOUSE 15#2121093 455892 200010000089DEC 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/F 23 19.16 PALOMINO RESERVOIR#103546-8 455892 200010000089DEC 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/F 23 20.88 HERALD WY PRESS STN#103686-2 455892 200010000089DEC 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/F 23 37.60 PUMPHOUSE#5#135486-9 455892 200010000089DEC 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/F 23 42.35 PUMPHOUSE#1#106890-7 455892 200010000089DEC 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/F 23 50.58 LS 11-HIGHLAND PT CT#2021699 455892 200010000089DEC 5380.6255 UTILITIES-ELECTRIC SEWER LIFT STN REPAIR&MNTC 23 53.42 LS 10 NORDIC WOODS#1830835 455892 200010000089DEC 5380.6255 UTILITIES-ELECTRIC SEWER LIFT STN REPAIR&MNTC 23 59.20 LS 7 HERITAGE HILLS#144109-6 455892 200010000089DEC 5380.6255 UTILITIES-ELECTRIC SEWER LIFT STN REPAIR&MNTC 23 65.51 PUMPHOUSE 08#1468404 455892 200010000089DEC 5320,6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/F 23 65.51 PUMPHOUSE#2#108018-3 455892 200010000089DEC 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/F 23 90.21 PUMPHOUSE 14#2008852 455892 200010000089DEC 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/F 23 102.54 PUMPHOUSE#4#121151-5 455892 200010000089DEC 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/F 23 115,93 WTRTWR RESERV-LONGRDG#144881- 455892 200010000089DEC 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/F 23 133.80 LS 9 4771 DOMINICA WY#525977- 455892 200010000089DEC 5380.6255 UTILITIES-ELECTRIC SEWER LIFT STN REPAIR&MNTC 23 139.59 PUMPHOUSE#3#106099-5 455892 200010000089DEC 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/F 23 147.95 PUMPHOUSE 17#307438-2 455892 200010000089DEC 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/F 23 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/28/2023 8:22:29 Council Check Register by GL Page- 7 Council Check Register by Invoice&Summary 7/24/2023 -- 12/29/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 30624 12/29/2023 100128 DAKOTA ELECTRIC ASSOCIATION Continued... 158.73 PUMPHOUSE 12#2023273 455892 200010000089DEC 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/F 23 172.73 PUMPHOUSE 20#484299 455892 200010000089DEC 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/F 23 173.81 LIFT STN 4 PH LKSHR#1030667 455892 200010000089DEC 5380.6255 UTILITIES-ELECTRIC SEWER LIFT STN REPAIR&MNTC 23 181.72 PUMPHOUSE#7#126394-6 455892 200010000089DEC 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/F 23 193.77 LIFT#5#580685-6 455892 200010000089DEC 5380.6255 UTILITIES-ELECTRIC SEWER LIFT STN REPAIR&MNTC 23 295.35 LFT STN3 133 CHAPARRAL 546943 455892 200010000089DEC 5380.6255 UTILITIES-ELECTRIC SEWER LIFT STN REPAIR&MNTC 23 579.82 AV BOOSTER-NORDIC#138075-7 455892 200010000089DEC 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/F 23 721.55 PUMPHOUSE#10#155867-5 455892 200010000089DEC 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/F 23 757.38 PUMPHOUSE 18#1078310 455892 200010000089DEC 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/F 23 1,024.73 LIFT STN 1 ELLICE#131715-5 455892 200010000089DEC 5380.6255 UTILITIES-ELECTRIC SEWER LIFT STN REPAIR&MNTC 23 1,307.32 PUMPHOUSE 09#1526292 455892 200010000089DEC 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/F 23 2,100.36 PUMPHOUSE#11#174395-4 455892 200010000089DEC 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/F 23 2,748.64 PUMPHOUSE 13#2023265 455892 200010000089DEC 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/F 23 3,587.44 PUMPHOUSE 19#415728-5 455892 200010000089DEC 5320.6255 UTILITIES-ELECTRIC WATER WELL/BOOSTER STN MNT/F 23 11,319.26 WTR TREATMENT PLANT#511870-8 455892 200010000089DEC 5325.6255 UTILITIES-ELECTRIC WATER TREATMENT FCLTY MNTC/R 23 16.76 LS STM SWR HGHWD#1586924 455892 200010000089DEC 5505.6255 UTILITIES-ELECTRIC STORM DRAIN MNTC/RPR/SUMPS 23 30.26 LS STM SWR-BELMONT PK#2011021 455892 200010000089DEC 5505.6255 UTILITIES-ELECTRIC STORM DRAIN MNTC/RPR/SUMPS 23 32.20 LS-WHEATON PONDS#443438-7 455892 200010000089DEC 5505.6255 UTILITIES-ELECTRIC STORM DRAIN MNTC/RPR/SUMPS 23 61.14 LS STM SWR BRIAR OAKS#1827781 455892 200010000089DEC 5505.6255 UTILITIES-ELECTRIC STORM DRAIN MNTC/RPR/SUMPS 23 96.43 LS STN COBB LK#306511-7 455892 200010000089DEC 5505.6255 UTILITIES-ELECTRIC STORM DRAIN MNTC/RPR/SUMPS R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/28/2023 8:22:29 Council Check Register by GL Page- 8 Council Check Register by Invoice&Summary 7/24/2023 -- 12/29/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 30624 12/29/2023 100128 DAKOTA ELECTRIC ASSOCIATION Continued... 23 120.64 LS STM SWR PENNOCK SHR#135489 455892 200010000089DEC 5505.6255 UTILITIES-ELECTRIC STORM DRAIN MNTC/RPR/SUMPS 23 160.52 LS STM SWR-HANNOVER#19860009 455892 200010000089DEC 5505.6255 UTILITIES-ELECTRIC STORM DRAIN MNTC/RPR/SUMPS 23 615.70 LS STM SWR ALIMAGNET#144134-4 455892 200010000089DEC 5505.6255 UTILITIES-ELECTRIC STORM DRAIN MNTCIRPR/SUMPS 23 1,100.49 LS 2 7698 128TH ST W#490873-7 455892 200010000089DEC 5505.6255 UTILITIES-ELECTRIC STORM DRAIN MNTC/RPR/SUMPS 23 2,686.67 LS STM SWR FARQUAR#137184-8 455892 200010000089DEC 5505.6255 UTILITIES-ELECTRIC STORM DRAIN MNTC/RPR/SUMPS 23 52.13 CEMETERY LTS#339637-1 455892 200010000089DEC 5605.6255 UTILITIES-ELECTRIC CEMETERY 23 73.87 CEMETERY LTS FLAGPOLE#318998-2 455892 200010000089DEC 5605.6255 UTILITIES-ELECTRIC CEMETERY 23 17.43 964 GARDENVIEW DR SLSIGN 455892 200010000089DEC 5805.6255 UTILITIES-ELECTRIC STREET LIGHT UTILITY FUND 23 32.56 GREEN WAY TUNNEL#563183-3 455892 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 23 39.65 SIGNAL-GARRETT&150TH#1802081 455892 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 23 42.74 SIGNAL-147TH/PENNOCK#103448-7 455892 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 23 42.74 SIGNAL-GALAXIE&140TH#2053858 455892 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 23 43.13 SIGNAL-140TH/FLAGSTAFF#2750370 455892 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 23 44.03 TUNNEL STREET LT#279581-3 455892 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 23 44.33 UTIL RADIO EQUIP#215383-1 455892 200010000089DEC 5805.6255 UTILITIES-ELECTRIC STREET LIGHT UTILITY FUND 23 45.06 SIGNAL-149TH/PENNOCK#103448-7 455892 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 23 45.19 SIGNAL-GALAXIE&147TH#1022698 455892 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 23 46.34 SIGNAL 153RD&CUB#2013084 455892 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 23 46.73 SIGNAL-140TH/PENNOCK#303778-5 455892 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 23 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/28/2023 8:22:29 Council Check Register by GL Page- 9 Council Check Register by Invoice&Summary 7/24/2023 -- 12/29/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 30624 12/29/2023 100128 DAKOTA ELECTRIC ASSOCIATION Continued... 47.38 SIGNAL 42&PENNOCK#1033836 455892 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 23 47.89 GASLIGHT STREET LT#267358-0 455892 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 23 49.55 SIGNAL-CEDAR& 145TH#2047702 455892 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 23 50.58 SIGNAL-140TH/JOHNNY CK#2750412 455892 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 23 50.71 SIGNAL-GALAXIE&153RD#3128204 455892 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 23 52.90 SIGNAL CEDAR&147TH#1033901 455892 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 23 54.83 SIGNAL GALAXIE&150TH#1821115 455892 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 23 58.05 SIGNAL CEDAR&140TH#1577386 455892 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 23 60.62 SIGNAL 42&GARDENVW#124646-1 455892 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 23 101.91 SIGNAL-GALAXIE&38#2146678 455892 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 23 • 131.88 CO RD 42/CEDAR LTS#501516-9 455892 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 23 138.69 CEDAR/147TH LTS#501520-1 455892 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 23 183.83 147TH ST W LTS#498760-8 455892 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 23 207.90 CEDAR/145TH LTS#501526-8 455892 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 23 223.72 CEDAR/140TH LTS#501536-7 455892 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 23 228.72 CEDAR&153RD LT#487980-5 455892 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 23 262.81 CEDAR&157RD LT#487985-4 455892 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 23 36,487.44 UTILITY STREET LTS#1109149 455892 200010000089DEC 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 23 104,590.85 30625 12/29/2023 100157 FACTORY MOTOR PARTS CO 177.69 REAR BRAKE PADS#323 455888 19256581 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCI R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/28/2023 8:22:29 Council Check Register by GL Page- 10 Council Check Register by Invoice&Summary 7/24/2023 -- 12/29/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 30625 12/29/2023 100157 FACTORY MOTOR PARTS CO Continued... 15.86 SQUAD CABIN FILTERS 455889 19261466 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATRO 178.11 FRONT BRAKE PADS#323 455887 75483914 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCI 34.92 ENGINE CLEANER 456024 75484661 1530.6229 GENERAL SUPPLIES FLEET&BUILDINGS-CMF 406.58 30626 12/29/2023 137297 HUMERATECH 412.50 AVSA RADIANT HEAT REAPAIR 455878 230857A 5210.6266 REPAIRS-BUILDING ARENA 1 BUILDING MAINTENANCE 412.50 30627 12/29/2023 151467 INBOUND BREWCO 678.00 THC#1 00052257 456095 17455 5015.6515 THC/CBD LIQUOR#1 STOCK PURCHASES 180.00 THC#2 00052257 456096 17506 5055.6515 THC/CBD LIQUOR#2 STOCK PURCHASES 102.00 BEER#2 00052257 456097 17506 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 960.00 30628 12/2912023 103314 INNOVATIVE OFFICE SOLUTIONS 14.58 AVCC 2 MOP HEADS 455894 IN4409406 1900.6229 GENERAL SUPPLIES AV COMMUNITY CENTER 30.29 POSTS ITS,WIPES,PENS,TAPE 455906 IN4413492 1035.6210 OFFICE SUPPLIES FINANCE 32.76 PARCH PAPER-BARB IN FIRE 455906 IN4413492 1300.6210 OFFICE SUPPLIES FIRE MANAGEMENT 2.28 WHITE OUT FOR SUPPLY ROOM 456059 IN4414290 1035.6210 OFFICE SUPPLIES FINANCE 79.91 30629 12/29/2023 120821 INTEREUM 4,132.10 REPLACEMENT DESK FOR MSAAM 455956 204177 1500.6725 CAPITAL OUTLAY-OFFICE EQUIP PW MANAGEMENT 4,132.10 30630 12/29/2023 101796 INTERSTATE BATTERY SYSTEM OF M 257 50 BATTERIES#234 456021 220072105 1765.6216 VEHICLES-TIRES/BATTERIES PARK EQUIPMENT MAINTENANCE 257.50 30631 12/29/2023 151539 JUNKYARD BREWING CO.LLC 115.00 BEER#3 00052261 456035 6274 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 115.00 30632 12/29/2023 157336 KING,JOEL 45.00 COLLECTIONS LICENSE RENEW 455867 20231018 5365.6280 DUES&SUBSCRIPTIONS SEWER MGMT/REPORTS/DATA ENT 45.00 30633 12/29/2023 148457 LEGACY COMPANIES INC 830-00 FALL QUARTER MAINTENANCE 456020 6210 5095.6249 OTHER CONTRACTUAL SERVICES LIQUOR#3 OPERATIONS R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/28/2023 8:22:29 Council Check Register by GL Page- 11 Council Check Register by Invoice&Summary 7/24/2023 -- 12/29/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 30633 12/29/2023 148457 LEGACY COMPANIES INC Continued... 930.00 HVAC REPAIRS 456020 6210 5095.6266 REPAIRS-BUILDING LIQUOR#3 OPERATIONS 1,760,00 30634 12/29/2023 154223 LIGHTNING DISPOSAL,INC. 1,289.40 COB VOLUNTEER WILLOWS 455874 513167 1720.6240 CLEANING SERVICE/GARBAGE REMOVPARK GROUNDS MAINTENANCE 243.98 STREETS YARD DUMPSTER 455875 513168 1600.6240 CLEANING SERVICE/GARBAGE REMOVSTREET MANAGEMENT 755.20 PARK YARD DUMPSTER&COMPOST 455875 513168 1600.6240 CLEANING SERVICE/GARBAGE REMOVSTREET MANAGEMENT 405.07 PAKS YARD DUMPSTER 455876 539591 1720.6240 CLEANING SERVICE/GARBAGE REMOVPARK GROUNDS MAINTENANCE 405.08 STREETS YARD DUMPSTER 455876 539591 1600.6240 CLEANING SERVICE/GARBAGE REMOVSTREET MANAGEMENT 3,098.73 30635 12/29/2023 100021 M AMUNDSON LLP 157 26 TAX#2 00044390 456038 373541 5055.6540 TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 1,115.91 NTAX#2 00044390 456039 373541 5055.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 1,273.17 30636 12/29/2023 152514 MEGA BEER LLC 141.70 THC#3 00052423 456108 6238 5085.6515 THC/CBD LIQUOR#3 STOCK PURCHASES 387.75 BEER#3 00052423 456109 6238 5085..6530 BEER LIQUOR#3 STOCK PURCHASES 48.00 BEER#1 00052423 456107 6290 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 627.75 BEER#3 00052423 456110 6511 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 1,205.20 30637 12/29/2023 151869 MODIST BREWING CO LLC 39.00- CMTHC#2 00052303 456043 46579 5055.6515 THC/CBD LIQUOR#2 STOCK PURCHASES 177.00 BEER#2 00052303 456044 46579 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 62.00 BEER#1 00052303 456040 46619 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 742.00 BEER#3 00052303 456045 46924 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 81.00 THC/CBD#1 00052303 456041 46956 5015.6515 THC/CBD LIQUOR#1 STOCK PURCHASES 112.00 BEER#1 00052303 456042 46956 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 1,135.00 30638 12/29/2023 100348 MTI DISTRIBUTING CO 147.50 RADIATOR SCREEN 455870 141374400 2240.6215 EQUIPMENT-PARTS GOLF EQUIPMENT MAINTENANCE 147.50 30639 12/29/2023 158480 NEW LINE MECHANICAL INC 224,200.00 FIRE STN RECONFIG-PMT#11 455918 20231130 4422 6810 2021170G CONSTRUCTION IN PROGRESS '21 FACILITIES CIP 224,200.00 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/28/2023 8:22:29 Council Check Register by GL Page- 12 Council Check Register by Invoice&Summary 7/24/2023 -- 12/29/2023 • Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 30640 12/29/2023 146279 NORDIC MECHANICAL SERVICES,I Continued... 519.92 DELANEY FURNACE CHECK 455877 72011 1730.6266 REPAIRS-BUILDING PARK BUILDING MAINTENANCE 2,340.41 LAZY RIVER UNIT HEATER 455873 72069 1940.6265 REPAIRS-EQUIPMENT AQUATIC SWIM CENTER 2,860.33 30641 12/29/2023 150632 OERTEL ARCHITECTS 1,040.00 AE DESIGN FEE FOR COLUMBARIUM 455957 22365 5605.6235 2022150G CONSULTANT SERVICES CEMETERY 1,040.00 30642 12/2912023 158907 PARK CONSTRUCTION COMPANY 9,014 55 FIRE STN RECONFIG-PMT#7 455921 20231130 4422.6810 2021170G CONSTRUCTION IN PROGRESS '21 FACILITIES CIP 9,014.55 30643 12/29/2023 100385 PLUNKETT'S PEST CONTROL INC 91.14 RWD DEC 23 PEST CONTROL 455893 8343970 1930.6249 OTHER CONTRACTUAL SERVICES REDWOOD CC 91.14 30644 12/29/2023 100395 R&R SPECIALTIES OF WISCONSIN INC 47.00 AVSA OLY BLADE SHARPENING 455902 807631N 5215.6265 REPAIRS-EQUIPMENT ARENA 1 EQUIPMENT MAINTENANC 47.00 30645 12/29/2023 100829 SHAMROCK GROUP INC 50.08 NO TAX#2 00052880 456054 2966389 5055.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 91.71 NO TAX#3 00052880 456056 2966390 5085.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 110.22 NO TAX#1 00052880 456053 2968312 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 53.98 NO TAX#1 00052880 456052 2970191 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 74.30 NO TAX#2 00052880 456055 2970192 5055.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 118.74 NO TAX#3 00052880 456057 2970193 5085.6545 NON-TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 499.03 30646 12/29/2023 145118 STEEL TOE BREWING,LLC 101.00 BEER#2 00051551 456103 52991 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 105.00 BEER#1 00051551 456102 53103 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 206.00 30647 12/29/2023 130206 STEPHANIE SIDDIQUI 265.60 TAI CHI INSTRUCTOR 456060 20231221 1920.6249 OTHER CONTRACTUAL SERVICES SENIOR CENTER 265.60 30648 12/29/2023 145210 STEPP MFG 235.00 336 BLOWER MOTOR 455880 63725 1610.6215 EQUIPMENT-PARTS STREET/BOULEVARD REPAIR&MN' R55CKR2 LOGIS101 CITY OF APPLE VALLEY ,12/28/2023 8:22:29 Council Check Register by GL Page- 13 Council Check Register by Invoice&Summary 7/24/2023 -- 12/29/2023 I Check# Date Amount Supplier/Explanation PO# Doc No Inv No 1 Account No Subledger Account Description Business Unit 30648 12/29/2023 145210 STEPP MFG Continued... 235.00 30649 12/29/2023 100457 STREICHERS INC 2,920.00 2024 AMMO ORDER 455914 11668669 1210.6229 GENERAL SUPPLIES POLICE FIELD OPERATIONS/PATRO 420.00 HOLSTERS 455865 11670239 1210.6211 SMALL TOOLS&EQUIPMENT POLICE FIELD OPERATIONS/PATRO 3,340.00 30650 12/29/2023 158145 TERRA CONSTRUCTION 69,222.43 FS 2 CONSTRUCTION MANAGER NOV 455858 2174520231130 4422.6235 2021170G CONSULTANT SERVICES '21 FACILITIES CIP 69,222.43 30651 12/29/2023 137686 TOWMASTER LLC 232.68 PLOW HYDRAULICPARKING STATIONS 456025 465544 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCI 232.68 30652 12/29/2023 100481 TRI-STATE BOBCAT INC 59.96 SKID STEER TRACK TENSIONER 455899 P09508 5375.6215 EQUIPMENT-PARTS SEWER MAINTENANCE AND REPAIF 59.96 30653 12/29/2023 118830 UHL COMPANY,INC. 773.00 RPR RTU CMF 455929 58049A 1540.6266 REPAIRS-BUILDING CMF BUILDINGS&GROUNDS MNTC 773.00 30654 12/29/2023 158620 VENN BREWING COMPANY 460.00 THC/CBD#3 00052964 456105 5442 5085.6515 THC/CBD LIQUOR#3 STOCK PURCHASES 144.00 BEER#3 00052964 456106 5442 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 604.00 30655 12/29/2023 158483 VINCO INC 85,500.00 FIRE STN RECONFIG-PMT#9 455924 20231130 4422.6810 2021170G CONSTRUCTION IN PROGRESS '21 FACILITIES CIP 85,500.00 30656 12/29/2023 101003 WINZER FRANCHISE COMPANY 47.74 GRADE 8 BOLTS&FITTINGS 455890 1723248 1530.6229 GENERAL SUPPLIES FLEET&BUILDINGS-CMF 47.74 30657 12/29/2023 100528 ZIEGLER INC 1,012.14 REPLACEMENT PARTS GENERATOR 455930 IN001275321 5320.6215 EQUIPMENT-PARTS WATER WELL/BOOSTER STN MNT/F 1,012.14 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/28/2023 8:22:29 Council Check Register by GL Page- 14 Council Check Register by Invoice&Summary 7/24/2023 -- 12/29/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 318298 12/27/2023 153409 56 BREWING LLC Continued... 164.00 BEER#1 00052517 455958 5624768 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 53.00 BEER#2 00052517 455959 5624794 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 217.00 318299 12/27/2023 157965 9525 BLACK OAKS PARTNERS LLC 1,779.84 LIQ1 TAX ESCROW-JAN 2024 455955 20231222 5000.1560 PREPAID EXPENSES LIQUOR BALANCE SHEET 3,454.10 LIQ1 CAM ESCROW-JAN 2024 455955 20231222 5000.1560 PREPAID EXPENSES LIQUOR BALANCE SHEET 12,000.00 LIQ1 LEASE-JAN 2024 455955 20231222 5000.1560 PREPAID EXPENSES LIQUOR BALANCE SHEET 1,779.84 LIQ1 TAX ESCROW-DEC 455941 20231222A 5025.6310 RENTAL EXPENSE LIQUOR#1 OPERATIONS 3,454.10 LIQ1 CAM ESCROW-DEC 455941 20231222A 5025.6310 RENTAL EXPENSE LIQUOR#1 OPERATIONS 12,000.00 LIQ1 LEASE-DEC 455941 20231222A 5025.6310 RENTAL EXPENSE LIQUOR#1 OPERATIONS 34,467.88 318300 12/27/2023 161068 AHRENS,NICHOLAS 140.00 4 PR JEANS-N AHRENS 455897 20231211 1600.6281 UNIFORM/CLOTHING ALLOWANCE STREET MANAGEMENT 140.00 318301 12/27/2023 154253 APPLE FORD LINCOLN 20.10 POWER WINDOW SWITCH#910 455886 646736 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATRO 57.96 SPARK PLUGS#910 455884 646764 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATRO 78.06 318302 12/27/2023 125174 ARTISAN BEER COMPANY 2,290.40 BEER#2 00047806 455967 34645581 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 1,093.10 BEER#1 00047806 455963 3645244 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 1,881.00 BEER#3 00047806 455971 3645245 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 623.25 BEER#1 00047806 455965 3646651 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 646.00 THC#1 00047806 455964 3646653 5015.6515 THC/CBD LIQUOR#1 STOCK PURCHASES 646.60 BEER#2 00047806 455969 3646654 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 909.60 BEER#3 00047806 455972 3646655 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 27.70 TAX#3 00047806 455973 3646656 5085,6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 864,90 BEER#1 00047806 455966 3648108 ' 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 392.85 BEER#2 00047806 455970 3648109 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 2,073.20 BEER#3 00047806 455975 3648110 5085,6530 BEER LIQUOR#3 STOCK PURCHASES 107.65 TAX#3 00047806 455974 3648111 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 64.60- CMBEER#2 00047806 455968 379230 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 11,491.65 318303 12/27/2023 118892 ASPEN MILLS 1,311.69 FRANCIS-VEST 455864 324559 1210.6281 UNIFORM/CLOTHING ALLOWANCE POLICE FIELD OPERATIONS/PATRO R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/28/2023 8:22:29 Council Check Register by GL Page- 15 Council Check Register by Invoice&Summary 7/24/2023 -- 12/29/2023 Check# Dale Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 318303 12/27/2023 118892 ASPEN MILLS Continued... 1,221.74 ATHMANN VEST 455863 324560 1210.6281 UNIFORM/CLOTHING ALLOWANCE POLICE FIELD OPERATIONS/PATRO 1,565.44 NEW HIRE VESTS-LUNDER 455861 324561 1210.6281 UNIFORM/CLOTHING ALLOWANCE POLICE FIELD OPERATIONS/PATRO 1,555.44 VEST-RELLER 455862 324562 1210.6281 UNIFORM/CLOTHING ALLOWANCE POLICE FIELD OPERATIONS/PATRO 5,654.31 318304 12/27/2023 118330 BERWALD ROOFING CO INC 195,700.00 FIRE STN RECONFIG-PMT#1 455937 20231130 4422.6810 2021170G CONSTRUCTION IN PROGRESS '21 FACILITIES CIP 195,700.00 318305 12/27/2023 100296 BREAKTHRU BEVERAGE MIN-BEER 146,50 BEER#1 USED CR TWICE 00000105 456066 112923440A 5015,6530 BEER LIQUOR#1 STOCK PURCHASES 6,469.45 BEER#3 00000105 456086 113451590 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 61.60 TAX#3 00000105 456087 113451590 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 416.65 TAX#3 00000105 456088 113451591 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 5,833.65 BEER#2 00000105 456081 113451592 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 100.00 BEER#1 00000105 456067 113453416 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 138.50 TAX#2 00000105 456083 113559324 5055.6540 TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 16,151.55 BEER#1 00000105 456073 113559325 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 61.60- CMBEER#1 00000105 456074 113559325 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 218.80 TAX#1 00000105 456072 113559326 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 124.00 TAX#3 00000105 456089 113567330 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 9,258.35 BEER#3 00000105 456090 113567655 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 377.15- CMBEER#3 00000105 456091 113567655 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 19.20- CMBEER#1 00000105 456065 411290919 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 72.00- CMBEER#2 00000105 456082 411757137 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 17.60- CMBEER#1 00000105 456068 411757141 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 19.33- CMBEER#1 00000105 456069 411757142 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 22.60- CMBEER#1 00000105 456070 411764653 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 56.83- CMBEER#1 00000105 456071 411764654 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 90.00- CMBEER#1 00000105 456075 411773218 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 12.30- CMBEER#3 00000105 456092 411779014 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 192.00- CMBEER#3 00000105 456093 411779015 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 20.80- CMBEER#2 00000105 456084 411779018 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 10.80- CMBEER#2 00000105 456085 411779019 5055,6530 BEER LIQUOR#2 STOCK PURCHASES 5.20- CMBEER#1 00000105 456076 411779020 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 13.10- CMBEER#1 00000105 456077 411779021 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 30.75- CMBEER#1 00000105 456078 411779022 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 177,00- CMBEER#1 00000105 456079 411779023 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 19.60- CMBEER#1 00000105 456080 411781971 5015,6530 BEER LIQUOR#1 STOCK PURCHASES 63.60- CMBEER#3 00000105 456094 411788054 5085.6530 BEER LIQUOR#3 STOCK PURCHASES R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/28/2023 8:22:29 Council Check Register by GL Page- 16 Council Check Register by Invoice&Summary 7/24/2023 -- 12/29/2023 Check# Dale Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 318305 12/27/2023 100296 BREAKTHRU BEVERAGE MIN-BEER Continued... 37,637.59 318306 12/27/2023 100282 CINTAS CORPORATION 26.40 CH MAT SVC 455869 4176973989 1060.6240 CLEANING SERVICE/GARBAGE REMOVMUNICIPAL BLDG&GROUNDS MN] 24.72 CARPET RUNNERS 455859 4176974065 1060.6240 CLEANING SERVICE/GARBAGE REMOVMUNICIPAL BLDG&GROUNDS MN1 .83- LIQ2 USE TAX 455942 4177119760 5000.2330 DUE TO OTHER GOVERNMENT LIQUOR BALANCE SHEET .83 LIQ2 USE TAX 455942 4177119760 5065.6240 CLEANING SERVICE/GARBAGE REMOVLIQUOR#2 OPERATIONS 12.00 FLOOR MAT 455942 4177119760 5065.6240 CLEANING SERVICE/GARBAGE REMOVLIQUOR#2 OPERATIONS 79.56 AVCC RUG SERVICE 455944 4177382609 1900.6240 CLEANING SERVICE/GARBAGE REMOVAV COMMUNITY CENTER .46- LIQ1 USE TAX 455943 4177382663 5000.2330 DUE TO OTHER GOVERNMENT LIQUOR BALANCE SHEET .46 LIQ1 USE TAX 455943 4177382663 5025.6240 CLEANING SERVICE/GARBAGE REMOVLIQUOR#1 OPERATIONS 6.72 RUGS 455943 4177382663 5025.6240 CLEANING SERVICE/GARBAGE REMOVLIQUOR#1 OPERATIONS 149.40 318307 12/27/2023 100114 CUB FOODS 19.47 ANNUAL OSHA SAFETY TRAINING 455900 202309280556 1500.6229 GENERAL SUPPLIES PW MANAGEMENT 19.49 ANNUAL OSHA SAFETY TRAINING 455900 202309280556 1710.6229 GENERAL SUPPLIES PARK MAINTENANCE MANAGEMEN' 19.49 ANNUAL OSHA SAFETY TRAINING 455900 202309280556 1600.6229 GENERAL SUPPLIES STREET MANAGEMENT 19.49 ANNUAL OSHA SAFETY TRAINING 455900 202309280556 5305.6229 GENERAL SUPPLIES WATER MGMT/REPORT/DATA ENTR' 17.37 REHAB SUPPLIES 455911 202310050405 1330.6229 GENERAL SUPPLIES FIRE OPERATIONS 95.31 318308 12/27/2023 143882 CULLIGAN 165.00 HAYES WATER SOFTENER LEASE 455872 157985475324NOV 5265.6249 OTHER CONTRACTUAL SERVICES ARENA 2 BLDG MAINTENANCE-HAY 23 300.50 HAYES WATER SOFTENER SALT 455872 157985475324NOV 5265.6229 GENERAL SUPPLIES ARENA 2 BLDG MAINTENANCE-HAY 23 465.50 318309 12/2712023 123765 DAKOTA COUNTY TECHNICAL COLLEGE 650.00 PURSUIT DRIVING HOOPER 455954 1184012 1225.6275 SCHOOLS/CONFERENCES/EXP LOCAL POLICE TRAINING 650.00 PURSUIT DRIVING SCHULTZ 455954 1184012 1225.6275 SCHOOLS/CONFERENCES/EXP LOCAL POLICE TRAINING 1,300.00 318310 12/27/2023 159121 DANGEROUS MAN BREWING CO 300.00 BEER#1 00052995 454342 1777 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 583.00 BEER#3 00052995 454344 1856 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 279.00 BEER#1 00052995 454343 1922 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 350.00 THC/CBD#3 00052995 454345 1953 5085.6515 THC/CBD LIQUOR#3 STOCK PURCHASES 415.00 BEER#3 ' 00052995 454346 1953 5085.6530 BEER LIQUOR#3 STOCK PURCHASES R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/28/2023 8:22:29 Council Check Register by GL Page- 17 Council Check Register by Invoice&Summary 7/24/2023 -- 12/29/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 318310 12/27/2023 159121 DANGEROUS MAN BREWING CO Continued... 567,00 THC/CBD#1 00052995 455994 2143 5015.6515 THC/CBD LIQUOR#1 STOCK PURCHASES 385.00 BEER#3 00052995 455995 2231 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 2,879.00 318311 12/27/2023 145240 ECOLAB PEST ELIM DIV 72.07 EDUBLDG-PEST CONTROL 455903 4136615 2092.6249 OTHER CONTRACTUAL SERVICES EDUCATION BUILDING FUND 72.07 318312 12/27/2023 157140 ELM CREEK BREWING COMPANY 588.00 THC#2 00052850 455998 5705 5055.6515 THC/CBD LIQUOR#2 STOCK PURCHASES 205.00 BEER#2 00052850 455999 5749 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 264,00 BEER#1 00052850 455996 5754 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 70,00 BEER#2 00052850 456000 5771 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 132.00 BEER#1 00052850 455997 5781 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 1,259.00 318313 12/27/2023 101298 FERGUSON ENTERPRISES 532.25 ADDITIONAL CURB BOX PARTS 455932 520910 5330.6215 EQUIPMENT-PARTS WTR MAIN/HYDRANT/CURB STOP N 565.80 CURB BOX PARTS 455931 521193 5330.6215 EQUIPMENT-PARTS WTR MAIN/HYDRANT/CURB STOP N 1,098.05 318314 12/27/2023 101328 GOVCONNECTION INC 46.66 WIRELESS MOUSE/KEYBOARD SETS 456063 74823543 1030.6211 SMALL TOOLS&EQUIPMENT INFORMATION TECHNOLOGY 104.25 USB HEADSETS 456063 74823543 1030.6211 SMALL TOOLS&EQUIPMENT INFORMATION TECHNOLOGY 150.91 318315 12/27/2023 100314 GREAT LAKES COCA-COLA DISTRIBU 797.08 TAX#1 00000122 456001 38906849024 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 888.76 TAX#3 00000122 456003 38969899021 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 693.15 TAX#2 00000122 456002 38969915019 5055.6540 TAXABLE MISC FOR RESALE LIQUOR#2 STOCK PURCHASES 2,378.99 318316 12/27/2023 159119 GROUP HEALTH NON PATIENT AR 614.40 EAP NOV 2023 455940 9064042 9000,2115 ACCRUED MEDICAL INSURANCE PAYROLL CLEARING BAL SHEET 614.40 318317 12/27/2023 100231 HOHENSTEINS INC 415.50 THC/CBD#2 00005574 456010 669670 5055.6515 THC/CBD LIQUOR#2 STOCK PURCHASES 1,117.35 BEER#2 00005574 456011 669670 5055,6530 BEER LIQUOR#2 STOCK PURCHASES 782.30 BEER#1 00005574 456004 669778 5015.6530 BEER LIQUOR#1 STOCK PURCHASES R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/28/2023 8:22:29 Council Check Register by GL Page- 18 Council Check Register by Invoice&Summary 7/24/2023 -- 12/29/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 318317 12/2712023 100231 HOHENSTEINS INC Continued... 54.00 TAX#1 00005574 456005 669778 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 1,182.00 BEER#3 00005574 456014 669779 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 30.00- CMBEER#3 00005574 456015 669785 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 192.00 THC#1 00005574 456006 671811 5015.6515 THC/CBD LIQUOR#1 STOCK PURCHASES 736.55 BEER#1 00005574 456007 671811 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 531.25 BEER#3 00005574 456016 671812 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 409.50 THC/CBD#2 00005574 456012 673800 5055.6515 THC/CBD LIQUOR#2 STOCK PURCHASES 1,407.15 BEER#2 00005574 456013 673800 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 1,776,00 THC#3 00005574 456017 673855 5085.6515 THC/CBD LIQUOR#3 STOCK PURCHASES 1,625.30 BEER#3 00005574 456018 673855 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 67.75 TAX#3 00005574 456019 673855 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES 2,407.65 BEER#1 00005574 456008 673923 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 80.50 TAX#1 00005574 456009 673923 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 12,754.80 318318 12/27/2023 158334 INSIGHT BREWING CO 243.95 BEER#3 00052942 456033 10000 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 129.20 BEER#3 00052942 456032 10015 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 64,60 BEER#2 00052942 456029 10016 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 119.90 BEER#3 00052942 456034 10126 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 225.00 THC/CBD#3 00052942 456030 9801 5085.6515 THC/CBD LIQUOR#3 STOCK PURCHASES 69.20 BEER#3 00052942 456031 9801 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 206.20 BEER#1 00052942 456026 9802 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 30.54 BEER#2 00052942 456027 9891 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 156.95 BEER#2 00052942 456028 9893 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 1,245.54 318319 12/27/2023 158500 J&K MASONRY 148,200.00 FIRE STN RECONFIG-PMT#9 455916 54347 4422.6810 2021170G CONSTRUCTION IN PROGRESS '21 FACILITIES CIP 148,200.00 i 318320 12/27/2023 151870 LUPULIN BREWING 842.00 THC/CBD#3 00052304 456037 57399 5085.6515 THC/CBD LIQUOR#3 STOCK PURCHASES 421.00 THC/CBD#2 00052304 456036 57400 5055.6515 THC/CBD LIQUOR#2 STOCK PURCHASES 1,263.00 318321 12/27/2023 100942 MADDEN GALANTER HANSEN,LLP 38.00 LEGAL-LABOR RELATIONS NOV'23 455881 20231208 1020.6235 CONSULTANT SERVICES HUMAN RESOURCES 38.00 R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/28/2023 8:22:29 Council Check Register by GL Page- 19 Council Check Register by Invoice&Summary 7/24/2023 -- 12/29/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 318322 12/27/2023 100309 MENARDS Continued... 39.97 MISC REPL TOOLS 455871 65485 5375.6211 SMALL TOOLS&EQUIPMENT SEWER MAINTENANCE AND REPAIF 115.97 WINTERIZING CONTROL PANELS 455898 65569 5380.6229 GENERAL SUPPLIES SEWER LIFT STN REPAIR&MNTC 3.99 SHOP LOCK NUT 455896 65757 . 1730.6229 GENERAL SUPPLIES PARK BUILDING MAINTENANCE 34,97 SHOP RECIP BLADES 455895 65954 1730.6211 SMALL TOOLS&EQUIPMENT PARK BUILDING MAINTENANCE 194,90 318323 12/27/2023 142418 MN DIRT WORKS,INC. 2,307.40 LAC LAVON PK STORM IMP-FINAL 455915 20231130 5505.6249 2021120D OTHER CONTRACTUAL SERVICES STORM DRAIN MNTC/RPR/SUMPS 2,307.40 318324 12/27/2023 158120 MY PICKLEBALL COACH 528.00 PICKLEBALL INSTR.FALL OCT/NOV 455939 113023 1855.6249 OTHER CONTRACTUAL SERVICES REC FOOTBALL&SOCCER 528.00 318325 12/27/2023 100995 NAPA AUTO PARTS 26.76 FUEL FILTER#232 455883 5763912707 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 49.32 CONTACT CLEANER 456023 5763919547 1530.6229 GENERAL SUPPLIES FLEET&BUILDINGS-CMF 22.92 SQUAD OIL FILTERS 456022 5763920379 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATRO 99.00 318326 12/27/2023 158927 NORTH METRO COMPANIES LLC 7,315.00 FIRE STN RECONFIG-PMT#2 455917 LS232335 4422.6810 2021170G CONSTRUCTION IN PROGRESS '21 FACILITIES CIP 7,315.00 318327 12/27/2023 100865 NORTHLAND BUSINESS SYSTEMS 2,111.41 WINSCRIBE SERVICE 2024 455866 IN107576 1000.1560 PREPAID EXPENSES GENERAL FUND BALANCE SHEET 2,111.41 318328 12/27/2023 158622 NOVA FIRE PROTECTION INC 7,924.90 FIRE STN RECONFIG-PMT#4 455919 20230930 4422.6810 2021170G CONSTRUCTION IN PROGRESS '21 FACILITIES CIP 5,413.10 FIRE STN RECONFIG-PMT#5 455920 20231130 4422.6810 2021170G CONSTRUCTION IN PROGRESS '21 FACILITIES CIP 13,338.00 318329 12/27/2023 160904 PALE BLUE DOT LLC 732.00 EECBG PLANNING FOR CMF PROJECT 455912 1295 4422.6235 2021172G CONSULTANT SERVICES '21 FACILITIES CIP 732.00 318330 12/27/2023 100374 PEPSI-COLA COMPANY 535.00 TAX#1 00002171 456046 81125507 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 385.00 TAX#3 00002171 456047 82432762 5085.6540 TAXABLE MISC FOR RESALE LIQUOR#3 STOCK PURCHASES R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/28/2023 8:22:29 Council Check Register by GL Page- 20 Council Check Register by Invoice&Summary 7/24/2023 -- 12/29/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 318330 12/27/2023 100374 PEPSI-COLA COMPANY Continued... 920.00 318331 12/27/2023 153484 PRYES BREWING COMPANY LLC 142.00 BEER#2 00052530 456049 65914 5055.6530 BEER LIQUOR#2 STOCK PURCHASES 271 00 BEER#1 00052530 456048 66431 5015.6530 BEER LIQUOR#1 STOCK PURCHASES 413.00 318332 12/27/2023 149126 RED BULL DISTRIBUTION COMPANY 324.22 TAX#1 00052064 456050 5008787941 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 343,73 TAX#1 00052064 456051 5008976524 5015.6540 TAXABLE MISC FOR RESALE LIQUOR#1 STOCK PURCHASES 667.95 318333 12/27/2023 145293 RTL CONSTRUCTION,INC 27,470.39 FIRE STN RECONFIG-PAY APP#2 455934 223322 4422.6810 2021170G CONSTRUCTION IN PROGRESS '21 FACILITIES CIP 27,470.39 318334 12/27/2023 157162 SCHWAB VOLLHABER LUBRATT SERVICE CORP 1,187.23 HAYES DEHUMIDIFICATION REPAIR 455879 INV191208 5265.6266 REPAIRS-BUILDING ARENA 2 BLDG MAINTENANCE-HAY 1,187.23 318335 12/27/2023 137382 SET MULCH 48.00 SWEEPINGS-LEAVES 455952 103111108 1610.6240 CLEANING SERVICE/GARBAGE REMOVSTREET/BOULEVARD REPAIR&MN' 80.00 SWEEPINGS-LEAVES 455953 103111290 1610.6240 CLEANING SERVICE/GARBAGE REMOVSTREET/BOULEVARD REPAIR&MN' 48.00 SWEEPINGS-LEAVES 455946 103111878 1610.6240 CLEANING SERVICE/GARBAGE REMOVSTREET/BOULEVARD REPAIR&MN' 48.00 SWEEPINGS-LEAVES 455947 103111906 1610.6240 CLEANING SERVICE/GARBAGE REMOVSTREET/BOULEVARD REPAIR&MN' 48.00 SWEEPINGS-LEAVES 455948 103111945 1610.6240 CLEANING SERVICE/GARBAGE REMOVSTREET/BOULEVARD REPAIR&MN' 48.00 SWEEPINGS-LEAVES 455949 103111975 1610.6240 CLEANING SERVICE/GARBAGE REMOVSTREET/BOULEVARD REPAIR&MN' 48.00 SWEEPINGS-LEAVES 455950 103112042 1610.6240 CLEANING SERVICE/GARBAGE REMOVSTREET/BOULEVARD REPAIR&MN' 48.00 SWEEPINGS-LEAVES 455951 103112069 1610.6240 CLEANING SERVICE/GARBAGE REMOVSTREET/BOULEVARD REPAIR&MN' 416,00 318336 12/27/2023 155816 SHELLBACK TACTICAL LLC 9,549.45 REPLACEMENT PLATES AND HELMETS 455913 IN128058 1210.6229 GENERAL SUPPLIES POLICE FIELD OPERATIONS/PATRO 9,549.45 318337 12/27/2023 148739 SOCIABLE CIDER WERKS 345.00 THC/CBD#2 00052003 456058 4932 5055.6515 THC/CBD LIQUOR#2 STOCK PURCHASES 345.00 318338 12/27/2023 154912 SP3 LLC R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/28/2023 8:22:29 Council Check Register by GL Page- 21 Council Check Register by Invoice&Summary 7/24/2023 -- 12/29/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 318338 12/27/2023 154912 SP3 LLC Continued... 870.70 BEER#3 00052668 456099 212749 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 307.00 BEER#1 00052668 456098 212886 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 468.76 BEER#3 00052668 456100 213446 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 732.44 BEER#3 00052668 456101 214190 5085.6530 BEER LIQUOR#3 STOCK PURCHASES 2,378.90 318339 12/27/2023 100453 STANDARD SPRING PARTS 257.66 AXLE SEAT#310 455885 402105 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCI 257.66 318340 12/27/2023 118281 STAPF CONCRETE CONSTRUCTION INC 24,868,33 FIRE STN RECONFIG-PMT#2 455923 20231024 4422.6810 2021170G CONSTRUCTION IN PROGRESS '21 FACILITIES CIP 24,868.33 318341 12/27/2023 149359 STRUCTURAL GLASS PRODUCTS INC 16,910.00 FIRE STN RECONFIG-PMT#3 455935 22362084 4422.6810 2021170G CONSTRUCTION IN PROGRESS '21 FACILITIES CIP 16,910.00 318342 12/27/2023 159022 SWANSON&YOUNGDALE INC 27,360.00 FIRE STN RECONFIG-PMT#4 455936 23110054 4422.6810 2021170G CONSTRUCTION IN PROGRESS '21 FACILITIES CIP 27,360.00 318343 12/27/2023 158459 TERRACON CONSULTANTS INC 3,973.75 FS 2 SPECIAL INSPECTIONS 455933 TK46263 4422.6235 2021170G CONSULTANT SERVICES '21 FACILITIES CIP 3,973.75 318344 12/27/2023 100476 TOWN&COUNTRY GLASS 412.49 WINDSHIELD REPLACEMENT#231 455926 65373 1765.6265 REPAIRS-EQUIPMENT PARK EQUIPMENT MAINTENANCE 412.49 318345 12/27/2023 155430 UPS FREIGHT 14.48 AVSA OLY PART SHIP FROM CANADA 455905 1726464841 5215.6238 POSTAGE/UPS/FEDEX ARENA 1 EQUIPMENT MAINTENANC 14.48 318346 12/27/2023 161061 UTEPILS BREWING CO 276,00 THC/CBD#1 00053010 456104 10520 5015.6515 THC/CBD LIQUOR#1 STOCK PURCHASES 276.00 318347 12/27/2023 158484 WOODSIDE INDUSTRIES 18,761.57 FIRE STN RECONFIG-PMT#2 455922 JC222452 4422.6810 2021170G CONSTRUCTION IN PROGRESS '21 FACILITIES CIP R55CKR2 LOGIS101 CITY OF APPLE VALLEY 12/28/2023 8:22:29 Council Check Register by GL Page- 22 Council Check Register by Invoice&Summary 7/24/2023 -- 12/29/2023 Check# Date Amount Supplier/Explanation PO# Doc No Inv No Account No Subledger Account Description Business Unit 318347 12/27/2023 158484 WOODSIDE INDUSTRIES Continued... 18,761.57 318348 12/27/2023 159096 ZELMER,KATHY 22.00 CHRISTMAS PARTY REFUND 455904 63342653 1001.4360 REC-SENIOR PROGRAM REVENUE GENERAL FUND REVENUE 22.00 20230746 7/24/2023 100331 MN DEPT OF LABOR&INDUSTRY(EFT) 221.65- LESS 2%RETENTION JUN 456113 20230630 1001.4099 PERMIT-OTHER GENERAL FUND REVENUE 1.00- PERMIT SURCHARGE ADJ 456113 20230630 1001,4072 STATE SURTAX COLLECTED GENERAL FUND REVENUE 5,622.80 PERMIT SURCHARGE JUN 456113 20230630 1001.4072 STATE SURTAX COLLECTED GENERAL FUND REVENUE 5,400.15 20231228 12/12/2023 100873 HEALTHPARTNERS(DENTAL CLAIMS 4,920.40 DENTAL CLAIMS 11/30-12/6/23 456112 20231206 7105.6146 DENTAL INSURANCE INSURANCE TRUST DENTAL 4,920.40 20231229 12/18/2023 100873 HEALTHPARTNERS(DENTAL CLAIMS 3,211.52 DENTAL CLAIMS 12/7-12/13/23 456111 20231213 7105.6146 DENTAL INSURANCE INSURANCE TRUST DENTAL 3,211.52 1,663,923.40 Grand Total Payment Instrument Totals Checks 622,180.37 EFT Payments 13,532.07 A/PACH Payment 1,028,210.96 Total Payments 1,663,923.40 R55CKS2 LOGIS100 CITY OF APPLE VALLEY 12/28/2023 8:22:33 Note: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. Council Check Summary Page- 1 7/24/2023 - 12/29/2023 Company Amount 01000 GENERAL FUND 555,851.09 02025 ROAD ESCROW FUND 2,892.75 02090 PARTNERS IN EDUCATION 1,101.01 02095 CENTRAL VILLAGE PARKING LOT 85.97 02200 VALLEYWOOD GOLF FUND 201.30 04420 '21 FACILITIES CIP 872,566.02 05000 LIQUOR FUND 126,458.18 05200 ARENA FUND 14,229.67 05300 WATER&SEWER FUND 34,278.54 05500 STORM DRAINAGE UTILITY FUND 7,228.21 05600 CEMETERY FUND LEVEL PROGRAM 1,355.00 05800 STREET LIGHT UTIL FUND 38,929.34 07100 INSURANCE TRUST DENTAL FUND 8,131.92 09000 PAYROLL CLEARING FUND 614.40 Report Totals 1,663,923.40 i i -�, • ITEM: 5.A. • •• ••• ••• COUNCIL MEETING DATE: January 11, 2024 Apple Valley SECTION: Regular Agenda Description: Pass Ordinance Amending Chapter 154 of the City Code, Regulating Signs (Recommend waiving second reading) Staff Contact: Department/ Division: Alex Sharpe, AICP, Planning and Economic Dev. Spec. Community Development Department ACTION REQUESTED: Pass the ordinance amending Chapter 154 of the City Code, regulating signs. (Recommend waiving second reading.) SUMMARY: During the review of sign permit applications, staff is often required to make interpretations of the ordinance to fit the current situation. However, when the code is overly explicit or was created to address a single item, it can present conflicting issues during permit review. As with variances, if an issue begins to become a common occurrence, the best practice is to amend the ordinance to clarify. Three amendments to the sign ordinance are proposed due to the frequency of issues staff encounters while reviewing and processing various sign permits. A summary of each issue is included below, with actual ordinance language included in the background of the report and the draft ordinance attached for reference. Multi-Story Buildings Current sign ordinance provides specific language when regulating signs on multi-story buildings. The current ordinance for multi-story buildings is overly explicit in stating that signs must be on the fourth floor or above. Apple Valley has three buildings that are four stories or greater, but also has a number of two- and three-story buildings scattered throughout the community. Under the current ordinance, staff is not authorized to issue a sign permit to allow a two- or three-story building to install a sign on their top floor. Most, if not all, of the City's three-story buildings have signs on their top floor, some of which have been issued permits determining that they are a "reface" of an existing sign. Recently, two separate sign applications did not fit the staff interpretations. In the first instance, the building previously had signs installed on the third story; however, these signs had been removed for over a year. Due to this situation, staff was unable to make the interpretation that these signs are "replacements" of existing signs. In the second instance, a new two-story medical building is under construction for Health Partners. Health Partners is requesting to install their signs on the uppermost story of the building, or the second floor. As stated previously, the ordinance only allows this on buildings four stories or more. Under the current ordinance, Health Partners would be permitted to install the signs on the first story only. The proposed ordinance language will achieve the following: • Allow signs to be on the uppermost story of a multi-story building. • Prohibit signs from being installed on multiple stories of a building. For example: on a three-story building the primary signage must be placed on the third story even if the tenant is located on the second story. This creates a consistent sign band on the third story. • Allow pedestrian oriented signage on floor one. o Allow building users to direct customers/visitors to the correct entrance for their business. This signage is limited in size to 8 sq. ft. and signs must be within 10' of the entrance. Directional Signage Staff has regularly fielded signage concerns from industrial users, specifically that the City's directional sign regulations are too restrictive. Current ordinance allows a site with up to four directional signs at a maximum of 2 sq. ft. each. The language also includes a provision that prohibits any advertisement on the sign. For many of the City's industrial users, a 2 sq. ft. sign is simply not large enough for their delivery vehicles to see when navigating the site. Research of other communities found directional sign size varied between 2 sq. ft. and 10 sq. ft. Users have also expressed concern on the number of signs when they are not intended for view or not visible from off site. In many recent developments, signage has been installed behind walls, berms, and other screening that is not intended for view for the general public. The intent is to ensure delivery drivers, staff, and customer pickup areas can be found. Due to an earlier Supreme Court ruling, sign regulations must be "content neutral". This means a city must not base their regulation of a sign upon what the sign says. The current ordinance states that no advertising may occur on directional signs, this does not meet "content neutrality" requirements. Proposed ordinance language achieves the following: • Amend the total size of directional signage from 2 sq. ft. to 8 sq. ft. • Continue to allow up to 4 visible directional signs per site. • Add a provision that directional signs for on-site operational direction only, and which are not visible or intended to be visible from off-site, are not subject to a number of location regulations in the ordinance. Sign Variances When reviewing variances, the ordinance states that (a) and (b) shall be referenced. The following language begins with a (1) and a (2). This is a clear clerical error but should be corrected while amending other Sign Ordinance sections. This error was likely created in the conversion of the ordinance to American Legal Publishing in the early 2000's. The ordinance will be amended to achieve the following: • Correction to a consistent numbering format. Planning Commission The Planning Commission is not required to review sign ordinance amendments. However, it has been best practices for staff to bring substantive amendments before the Commission for review. The Commission unanimously recommended approval of the proposed amendments. BACKGROUND: Multi-Story Building Signs An excerpt of the current ordinance text is included for reference below. As stated, the goal is to allow signs on buildings with multiple stories to place the primary building signage on the uppermost/top story. 154.04 Signs Requiring a Permit: (C) Multi-story building signs. For multi-story buildings, in all zoning districts, no signs attached to the building, temporary or permanent, shall be permitted above the first floor except for the following: (1) Building of four stories or more, located in a commercial or industrial district shall be permitted additional building signs in addition to any signs otherwise permitted by this chapter. Directional Signs An excerpt of the sign ordinance text is included for reference below. The stated goal is to allow signs to increase in size for legibility and include a provision that signs not visible or not intended for off-site view not be subject to number of location requirements of the ordinance. 154.03 Signs Allowed Without a Permit: (C) Directional signs. (1) On-site directional signs, not exceeding a maximum of two square feet per sign and a maximum number of four signs per site, shall be permitted in any commercial, industrial or institutional zoning district for the purpose of directing vehicular or pedestrian traffic in a safe and convenient manner. (2) Off-site directional signs may be permitted by the City Council to direct the public to emergency facilities. DEFINITIONS: DIRECTIONAL SIGN. A sign erected upon private property to provide pedestrian or traffic directions and which bears no advertising information. Sign Variances An excerpt of the sign ordinance text is included below for reference. The stated goal is to correct the clerical error in numbering vs. lettering of sections. The draft ordinance amends the (a) and (b) below to read: (1) and (2). 154.07 Sign Administration: (F) Variance; conditions to granting. No variance shall be granted unless the Council shall find that either condition(a) or (b) hereinafter set forth exists: (1) All of the following requirements must be met: (a) Special conditions exist which are peculiar to the land, structure, building involved and which are not applicable to other lands, structures or buildings in the same district; (b) The special conditions and circumstances do not result from the actions of the applicant; (c) A literal interpretation of the provisions of these regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district and the terms of these sign regulations; (d) That granting the variance requested would not confer on the applicant any special privilege for a use not common to other lands, structures or buildings in the same district; and (e) The proposed use of the property shall have an appearance that will not have an adverse effect upon adjacent properties and there will be no deterrence to development of vacant land. (2) Any proposed signage beyond the maximum square footage permitted would have the primary function of providing a public service. BUDGET IMPACT: N/A ATTACHMENTS: Ordinance Ordinance Presentation CITY OF APPLE VALLEY ORDINANCE NO. AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING CHAPTER 154 OF THE CITY CODE REGULATING SIGNS WITHIN THE CITY The City Council of Apple Valley ordains: Section 1. Chapter 154 of the Apple Valley City Code is amended by revising the following definition in Section 154.02 to read as follows: DIRECTIONAL SIGN. A sign erected upon private property to provide pedestrian or traffic directions and which bears no advertising information. Section 2. Chapter 154 of the Apple Valley City Code is amended by revising Section 154.03(C) to read as follows: § 154.03 SIGNS ALLOWED WITHOUT A PERMIT. The following outdoor signs are permissible without a permit or payment of permit fees provided the standards and restrictions in this section are met. * (C) Directional signs. (1) On-site directional signs, not exceeding a maximum of twe eight (8) square feet per sign and a maximum number of four signs per site except as provided herein, shall be permitted in any commercial, industrial or institutional zoning district for the purpose of directing vehicular or pedestrian traffic in a safe and convenient manner. Directional signs located on a site for internal operational purposes only and not for general public directional information shall not be subject to the number and location regulations set forth in this Chapter. (2) Off-site directional signs may be permitted by the City Council to direct the public to emergency facilities. * * * Section 3. Chapter 154 of the Apple Valley City Code is amended by revising Section 154.04(B)(1)(d)to read as follows: §154.04 SIGNS REQUIRING A PERMIT. The following signs may be erected or maintained, as shown for each zoning district or land use, only after obtaining a permit from the city and payment of permit fees,providing the standards and restrictions in this section are met. * * (B) Building signs; location on building. (1) Building signs shall be affixed to buildings according to the following requirements: * * * (d) Primary signs shall be placed on the side of the 'ng where the main entrance is located. Ift For multi-tenant buildings with individual public ent s directly from the outside, business identification signs shall be placed within ten feet of the m trance to each business. Signs on the exterior of an enclosed mall retail shopping building sha ocated near entrances closest to the business location. Sign locations for each tena hall be as d and identified in the signage plan. * Section 4. Chapter 154 of the A Va • Co amended by revising Section 154.04(C)to read as follow §154.04 SIGNS REQUIRING A PERMIT. q The following signs may be erected or maintained, as shown for each zoning district or land use, only after obtaining a permit from the city and payment of permit fees, providing the standards and restrictions in this section are met. N* (C) Multi-story ing signs. For multi-story buildings; in all zoning districts, i39 building business signs ,temporary or permanent,shall be are permitted to be placed above the ceiling of the first highest floor only except for and subject to the following requirements: (1) A multi-story building of four stories or more,not located in a commercial,or industrial agricultural, sand and gravel, residential, or multi-family residential districts, shall be permitted additional building signs in addition to any signs otherwise permitted by this chapter. (2) The additional building signs shall be a maximum of two four signs with each sign not to exceed two square feet of sign area for each 1,000 square feet of gross floor area of the building. 2 (3) The two four additional building signs shall not be located upon the same side of the building (one additional building sign on a single side of the building). (4) The two four additional building signs shall be identical in all respects. (5) The two four additional building signs shall not extend above the highest outside wall or below the fourth floor of the highest story of the building. (6) The two four additional building signs shall not extend across more than 40% of the width of the side of the building upon which it is located or 40% of the height for vertical signs. (7) The additional building signs shall only be permitt= er review by the city Planning Commission and approval by the City Council. (7) Identification signs may be attached to - bu ' ', subject to the following: (a) Identification signs shall be located no furt' g an 10 feet from the public entrance to which patrons of the identified occ ant on the sign sha . - as primary access to the occupant. (b) Identification signs shall be located no higlr than 4 fee 'ye the top frame of the public entrance door to which patrons of the identified occupant on th- ign shall use as primary access to the occupant. The height of the sign is measured from exterior grade to the top edge of the sign. (c) Each identification sign shall be no larger than square feet. Section 5. Chapter 154 of the Apple Vall ity Code is amended by revising Section 154.07 (F) read as follows: li‘ § 154.07 ADMINISTRATIO * * (F) Variance; condi ns to gran g. No variance shall be granted unless the Council shall find that either condition(a) or(b) (1) and(2)hereinafter set forth exists: r (1) All of the following requirements must be met: (a) Special conditions exist which are peculiar to the land, structure, building involved and which are not applicable to other lands, structures or buildings in the same district; (b) The special conditions and circumstances do not result from the actions of the applicant; 3 (c) A literal interpretation of the provisions of these regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district and the terms of these sign regulations; (d) That granting the variance requested would not confer on the applicant any special privilege for a use not common to other lands, structures or buildings in the same district; and (e) The proposed use of the property shall have an appearance that will not have an adverse effect upon adjacent properties and there will be no deterrence to development of vacant land. (2) Any proposed signage beyond the maximum square footage permitted would have the primary function of providing a public service. * * Section 6. Summary approved. The Ci suncil h; -by determ that the text of the summary marked "Official Summary Qf Ordinance . copy of wh ' attached hereto_ clearly informs the public of the intent and effect o dinance. The Ci Council further determines that publication of the title grid such summary learly inform the public of the intent and effect of the ordinance. Section 7. Filing. A copy of the ordinance shall b files the office of the City Clerk. This copy shall be av4lable for inspection by any person d egular office hours. k Section 8. Publication. The City Clerk shall publish the title of this ordinance and the official summary inthe official newspaper of the City with notice that a printed copy of the ordinance is available or inspection by any person during regular office hours at the Office of the City Clerk. S ction 9. Effective date. This ordinance shall take effect upon its passage and the publication o ' title and the official summy. PASSED b the City Council this day of , 2024. Or Clint Hooppaw, Mayor ATTEST: 4 Pamela J. Gackstetter, City Clerk 5 CITY OF APPLE VALLEY ORDINANCE NO. AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING CHAPTER 154 OF THE CITY CODE REGULATING SIGNS WITHIN THE CITY The following is the official summary of Ordinance No. passed by the City Council of Apple Valley on ,2024: Chapter 154 of the City Code is to amend the definition ' ectional signs to remove reference to sign content, to increase size of on-sit ctional signs, to remove number and location restrictions of on-site directional signs uses placed solely for occupant's internal operations, to remove the restriction of top story building signs for 4 or more story buildings and add further regulations thereof, and correct typographical error in sign variance prov'sions. A printed copy of the ordinance is available for ction by any person • regular office hours in the office of the City Clerk at the Apple ley Municipal Center, 47th Street W., Apple Valley, Minnesota 55124. 1 killi16- 6 CITY OF APPLE VALLEY ORDINANCE NO. AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING CHAPTER 154 OF THE CITY CODE REGULATING SIGNS WITHIN THE CITY The City Council of Apple Valley ordains: Section 1. Chapter 154 of the Apple Valley City Code is amended by revising the following definition in Section 154.02 to read as follows: DIRECTIONAL SIGN. A sign erected upon private property to provide pedestrian or traffic directions. Section 2. Chapter 154 of the Apple Valley City Code is amended by revising Section 154.03(C) to read as follows: § 154.03 SIGNS ALLOWED WITHOUT A PERMIT. The following outdoor signs are permissible without a permit or payment of permit fees provided the standards and restrictions in this section are met. * (C) Directional signs. (1) On-site directional signs, not exceeding a maximum of eight (8) square feet per sign and a maximum number of four signs per site except as provided herein,shall be permitted in any commercial, industrial or institutional zoning district for the purpose of directing vehicular or pedestrian traffic in a safe and convenient manner. Directional signs located on a site for internal operational purposes only and not for general public directional information shall not be subject to the number and location regulations set forth in this Chapter. (2) Off-site directional signs may be permitted by the City Council to direct the public to emergency facilities. * * * Section 3. Chapter 154 of the Apple Valley City Code is amended by revising Section 154.04(B)(1)(d)to read as follows: §154.04 SIGNS REQUIRING A PERMIT. The following signs may be erected or maintained, as shown for each zoning district or land use, only after obtaining a permit from the city and payment of permit fees,providing the standards and restrictions in this section are met. * (B) Building signs; location on building. (1) Building signs shall be affixed to buildings according to the following requirements: * * * (d) Primary signs shall be placed on the side of the ' g where the main entrance is located. For multi-tenant buildings with individual public entr. . directly from the outside, business identification signs shall be placed w' s in ten feet of the m. • trance to each business. Signs on the exterior of an enclosed retail sho• • building shall be to . • near entrances closest to the business location. Sign locations for ea ant sh. be assign- q d identified in the signage plan. * Section 4. Chapter 154 of the A Va • Co I amended by revising Section 154.04(C)to read as follow §154.04 SIGNS REQUIRING A PERMIT. q The following signs may be erected or maintained, as shown for each zoning district or land use, only after obtaining a permit from the city and payment of permit fees, providing the standards and restrictions in this section are met. (C) Multi-story ing signs. For multi-story buildings; in all zoning districts, building business signs,temp or permanent, are permitted to be placed above the ceiling of the highest floor only and subject t e following requirements: (1) A multi-story building of four stories or more, not located in a agricultural, sand and gravel,residential, or multi-family residential districts, shall be permitted additional building signs in addition to any signs otherwise permitted by this chapter. (2) The additional building signs shall be a maximum of four signs with each sign not to exceed two square feet of sign area for each 1,000 square feet of gross floor area of the building. (3) The four additional building signs shall not be located upon the same side of the building (one additional building sign on a single side of the building). 2 (4) The four additional building signs shall be identical in all respects. (5) The four additional building signs shall not extend above the highest outside wall or below the floor of the highest story of the building. (6) The four additional building signs shall not extend across more than 40%of the width of the side of the building upon which it is located or 40% of the height for vertical signs. (7) Identification signs may be attached to the building, subject to the following: (a) Identification signs shall be located no r than 10 feet from the public entrance to which patrons of the identified occupant on th shall use as primary access to the occupant. (b) Identification signs shall be located no highe 4 feet above the top frame of the public entrance door to which patrons the identified occ on the sign shall use as primary access to the occupant. The height o sign is measured fro terior grade to the top edge of the sign. (c) Each identification sign shall be no lar han 8 square feet. Section 5. Cha. •f the Apple Valley City Code is amended by revising Section 154.07 (F)to read as ' ' s: § 154.07 SIGN ADMI ' TION. (F) Van • conditions to granting. No variance shall be granted unless the Council shall find that either c ' 'on (1) and(2)hereinafter set forth exists: (1) All o ollowing equirements must be met: (a) Spe 1 conditions exist which are peculiar to the land, structure, building involved and which are not applicable to other lands, structures or buildings in the same district; (b) The special conditions and circumstances do not result from the actions of the applicant; (c) A literal interpretation of the provisions of these regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district and the terms of these sign regulations; 3 (d) That granting the variance requested would not confer on the applicant any special privilege for a use not common to other lands, structures or buildings in the same district; and (e) The proposed use of the property shall have an appearance that will not have an adverse effect upon adjacent properties and there will be no deterrence to development of vacant land. (2) Any proposed signage beyond the maximum square footage permitted would have the primary function of providing a public service. * Section 6. Summary approved. The City Council hereb determines that the text of the summary marked "Official Summary of Ordinance No. " a of which is attached hereto clearly informs the public of the intent and effect of the ordinan he City Council further determines that publication of the title and such summary will clearly in the public of the intent and effect of the ordinance. Section 7. Filing. A copy of the ordinance s all be filed in the office the City Clerk. This copy shall be available for inspection by y person during regular office hours. Section 8. Publication. The City Clerk sha pu lish the title f this ordinance and the official summary in the official newspaper of the City with notice that a ppted copy of the ordinance is available for inspecti by any person during regular office hours at the Office of the City Clerk. Section 9. Effective date. This ordinance shall take effect upon its passage and the publication and the official summ ill‘ ED by the City Council this day of , 2024. Clint Hooppaw, Mayor ATTEST: Pamela J. Gackstetter, City Clerk 4 CITY OF APPLE VALLEY ORDINANCE NO. AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING CHAPTER 154 OF THE CITY CODE REGULATING SIGNS WITHIN THE CITY The following is the official summary of Ordinance No. passed by the City Council of Apple Valley on , 2024: Chapter 154 of the City Code is to amend the definition ► " ' ectional signs to remove reference to sign content, to increase size of on-s' ctional signs, to remove number and location restrictions of on-site direct'. 'gns uses placed solely for occupant's internal operations, to remove the restricti• top story building signs for 4 or more story buildings and add further regula' thereof, and correct typographical error in sign variance prov'sions. A printed copy of the ordinance is available for ection by any person . ring regular office hours in the office of the City Clerk at the Apple ley Municipal Center, 710‘47th Street W., Apple Valley, Minnesota 55124. killi16- 5 1/11/2024 Sign Ordinance Amendments City Council 1-11-2024 AppVaIIey 1 Actions Requested Pass the ordinance amending Chapter 154 of the City Code, regulating signs. (Recommend waiving second reading.) A Vappllley 2 1 1/11/2024 Existing Code (C) Multi-story building signs. For multi-story buildings, in all zoning districts, no signs attached to the building, temporary or permanent, shall be permitted above the first floor except for the following: (1) Building of four stories or more, located in a commercial or industrial district shall be permitted additional building signs in addition to any signs otherwise permitted by this chapter The City has several 2-3 story buildings that have signs along the top story wall. Apple„ Valley 3 Proposed Amendments • C) Multi-story building signs. For multi-story buildings; in all zoning districts, building business signs, temporary or permanent, are permitted to be placed above the ceiling of the highest floor only and subject to the following requirements: • Up to four signs per building • Signs may not be placed on the same side • Signs may not cover more than 40% of the width of the side A 'Valley 4 2 1/11/2024 Existing Code (C) Directional signs. (1) On-site directional signs, not exceeding a maximum of two square feet per sign and a maximum number of four signs per site, shall be permitted in any commercial, industrial or institutional zoning district for the purpose of directing vehicular or pedestrian traffic in a safe and convenient manner. (2) Off-site directional signs may be permitted by the City Council to direct the public to emergency facilities. DEFINITIONS: DIRECTIONAL SIGN. A sign erected upon private property to provide pedestrian or traffic directions and which bears no advertising information. Apple„ Valley 5 Proposed Amendments • (1) On-site directional signs, not exceeding a maximum of eight (8) square feet per sign and a maximum number of four signs per site except as provided herein, shall be permitted in any commercial, industrial or institutional zoning district for the purpose of directing vehicular or pedestrian traffic in a safe and convenient manner. Directional signs located on a site for internal operational purposes only and not for general public directional information shall not be subject to the number and location regulations set forth in this Chapter. A 'Val . lley 6 3 1/11/2024 Existing Code (F) Variance; conditions to granting. No variance shall be granted unless the Council shall find that either condition (a) or(b) hereinafter set forth exists: (1) All of the following requirements must be met: (a) Special conditions exist which are peculiar to the land, structure, building involved and which are not applicable to other lands, structures or buildings in the same district; (b) The special conditions and circumstances do not result from the actions of the applicant; (c) A literal interpretation of the provisions of these regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district and the terms of these sign regulations; (d) That granting the variance requested would not confer on the applicant any special privilege for a use not common to other lands,structures or buildings in the same district; and (e) The proposed use of the property shall have an appearance that will not have an adverse effect upon adjacent properties and there will be no deterrence to development of vacant land. (2) Any proposed signage beyond the maximum square footage permitted would have the Apple„ valley primary function of providing a public service. 7 Proposed Amendment (F) Variance; conditions to granting. No variance shall be granted unless the Council shall find that either condition (1)or(2) hereinafter set forth exists: (1) All of the following requirements must be met: (a) Special conditions exist which are peculiar to the land, structure, building involved and which are not applicable to other lands, structures or buildings in the same district; (b) The special conditions and circumstances do not result from the actions of the applicant; (c) A literal interpretation of the provisions of these regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district and the terms of these sign regulations; (d) That granting the variance requested would not confer on the applicant any special privilege for a use not common to other lands,structures or buildings in the same district; and (e) The proposed use of the property shall have an appearance that will not have an adverse effect upon adjacent properties and there will be no deterrence to development of vacant land. (2) Any proposed signage beyond the maximum square footage permitted would have the Ap'valley primary function of providing a public service. 8 4 1/11/2024 Actions Requested Pass the ordinance amending Chapter 154 of the City Code, regulating signs. (Recommend waiving second reading.) APValley 9 5 • ITEM: 5.B. ••••• • ••• COUNCIL MEETING DATE: January 11, 2024 Apple Valley SECTION: Regular Agenda Description: Action on Ordinance Amending Chapter 155 of the City Code, Regulating Signs in Planned Development 290, Zone 3 (Recommend waiving second reading) Staff Contact: Department/ Division: Alex Sharpe,AICP, Planning and Economic Dev. Spec. Community Development Department Applicant: Project Number: Wings Credit Union PC23-28V Applicant Date: 10/3/2023 60 Days: 12/2/2023 120 Days: 1/31/2024 ACTION REQUESTED: The City Council is asked to approve or deny the ordinance amendment to Chapter 155, Appendix F-Article 2 of the Apple Valley City Code revising Section A2-5 (A)(6) to allow the installation of a freestanding ground sign with a maximum height of 20' and total sign area not to exceed 80 sq. ft. (Recommend waiving second reading.) SUMMARY: Wings Credit Union at 14985 Glazier Ave applied to amend Planned Development 290, Zone 3, to allow a 20' tall 80 sq. ft. sign. Recently, Wings applied for a variance to allow this sign to be installed. Due to the requirements to grant a variance, the Planning Commission was unable to recommend approval. Wings withdrew their variance application and applied for the ordinance amendment. The site is zoned "PD-290 Zone 3" and the underlying zoning is Limited Business, which is a primarily office use zoning district. The sign ordinance allows Limited Business zones to have monument signs at a total height of 8' and max area of 60 sq. ft. The ordinance amendment as proposed would include additional text specific to Zone 3 allowing a 20' high, 80 sq. ft. sign. Zone 3 includes six parcels, but only three buildings; Wings Credit Union, Wings Mortgage (Wings II) and Commons I (Nystrom). Staff and the City Attorney have drafted an ordinance that meets the applicant's request for a sign in Zone 3 to be permitted at 20' high and 80 sq. ft. in area. The Planning Commission reviewed this request on December 20, 2023. Four of seven Commissioners were present. The Commission voted unanimously (4-0) to recommend denial of the ordinance as presented. The Commission sought to support Wings Credit Union by recommending to City Council that the maximum height be increased from 8' to 14' and the maximum sign area be increased from 60 sq. ft. to 80 sq. ft. These alterations would still only apply to Zone 3 and not any other Limited Business zoned parcels. The Planning Commission stated that a 20' sign was out of character with the area but sought to recognize the Wings Credit Union campus. The City has not issued any permits for signs which exceed 8' in height within Planned Development 290, Zone 3 and the only sign which exceeds 8' in height is the Americlnn Sign which is located in Planned Development 290, Zone 1. The maximum sign height in the City is 24', which is permitted in Retail Business and Industrial Zones. These zones are traditionally adjacent to major roadways such as Cedar Ave, CSAH 42, Pilot Knob, and Galaxie. BACKGROUND: Comprehensive Guiding and Zoning The site is guided for commercial uses and is zoned "PD-290 Zone 3" which is one of the City's first planned developments. PD-290 Zone 3 was specifically created for large office users, Wings, Commons I and Commons II. These buildings are some of the tallest in the community and are prominent along the major roadways of Cedar Ave and CSAH 42. The sign ordinance allows for significant building signage on the upper story faces of these structures. Monument signs are permitted to be 8' in height and 60 sq. ft. Monument signs are permitted along lower speed and volume roadways. Zone 3, the area where the site is located, is circled by 147th St. and Glazier Ave. Both roadways have a speed limit at 30 mph and are lower volume. Other businesses within the Planned Development, namely the retail/office across the street from the subject property that includes Aspen Dental, Jersey Mike's, Panchero's, etc. have sought retail sized signage in the past and been denied. Aspen Dental applied for and was denied a variance for additional sign area on the building. As stated, PD-290 was created as the City's primary office park. The zone is the northeast quadrant of Cedar Ave and CSAH 42 and over the years has seen significant pressure to convert to retail uses, including big-box retail and drive through restaurants. The Planning Commission and City Council have held the guiding and zoning of the area to maintain the office land use in a key location within the community. PD-290 Zone 5, the location of the Aspen Dental, Jersey Mike's, Panchero's, etc. building was created in 2018 as a mix between office and retail uses but the majority of PD-290 has remained office despite development pressures and office trends occurring since 2020. Sign Types Apple Valley's ordinance includes two free-standing sign types. Monument signs, which are allowed to be 8' in height and either 40 or 60 sq. ft. depending on whether the site is a single user or multi-tenant. Monument signs are at a pedestrian scale, and typically adjacent to lower speed, lower volume roadways. The second sign type are pylon signs. Pylon signs are permitted to be 24' in height and up to 110 sq. ft. in area. These signs are permitted in retail and industrial zones and are typically adjacent to higher speed, higher volume roadways. Guiding Sign Principles The American Planning Association has compiled a nationally accepted guide for signage that includes a best practices and fmdings report that staff utilizes when evaluating sign ordinance amendments. This document provides general guidance and shares the basic intent behind sign ordinance provisions. There are some basic rules to signage which explain the purpose behind regulations. The purpose of signage is for wayfinding, helping users fmd the business/service they are seeking. The purpose behind regulating signs is to preserve the community's character, prevent visual clutter, and in many cases, to enhance the sign's ability to share its message. When signs are too prevalent, overlapping, cluttered, or out of scale with the area, they lose their effectiveness. The purpose of relating the sign size and height to the adjacent roadway speed is to ensure the sign meets its purpose to the driver. Some communities base their sign code solely on the speed of the roadway rather than the zoning. At greater speeds a user must view a sign from a greater distance in order to respond appropriately. For example, when a user is going 65 mph, they need to view a sign to know which highway exit to use. In contrast, a sign adjacent to a lower speed roadway must be readable to a user at a closer distance, these signs are intended to assist the driver in finding the correct driveway or site entrance. Apple Valley's ordinance for office uses allows wall signage a higher maximum size, but less sq. ft. of signage per sq. ft. of floor area than a retail use. This means that large office buildings with significant sq. ft. of floor area are permitted larger building signs than typically seen in retail spaces. Smaller offices, such as Aspen Dental, are permitted smaller signage than a retail user. The purpose of this is to allow larger and taller buildings, such as Wings and Nystrom large signs on their buildings. These buildings become landmarks due to their height and visibility. The building itself serves the purpose of wayfinding for the business. Users typically see these landmarks from larger roadways and then navigate to the site using lower volume roadways. Monument signs are at a pedestrian scale and are intended to be installed adjacent to lower volume roadways that are pedestrian oriented. Smaller offices are typically along lower volume roadways and are destinations rather than businesses that rely on drive-by traffic. Retail is typically a single story, relies on drive-by traffic, and along major roadways. Apple Valley's ordinance allows retails uses more signage based on their sq. ft. of floor area than for office uses. Signage for retail also serves as advertising and attracts the drive-by user and as such is larger and taller per sq. ft. An example is the Apple Valley Liquor store vs. a destination such as a dental office. Apple Valley's ordinance generally follows the principles set forth in the American Planning Association Guide. Comparison with Neighboring Communities Staff has compiled a table of neighboring communities allowances for sign area and height which is attached to this report. The intent of the table is to provide the Commission and City Council context to the applicant's request. Staff would like to note that when reviewing the table, the "Retail Zoning" section was compiled from zones which were either in downtowns or retail that is not adjacent to 65+mph highways. Apple Valley does not have any retail adjacent to a 65-mph roadway and therefore these sign regulations would not be applicable. The table shows that Apple Valley's sign regulations are in line with other communities. The table also demonstrates the principle outlined previously. Regulations for freestanding signs in office areas tend to be more restrictive than in retail uses. Wings Credit Union is a mix. The primary purpose of the site is their headquarters, but the site also includes a branch for customers. Many financial institutions locate branches in retail zones to offer convenience to customers/members and as such, have larger/taller signs in these locations. BUDGET IMPACT: N/A ATTACHMENTS: Area Map Plan Set Elevations Exhibit Ordinance Presentation Presentation Imo" 1 - r. ra �; < ` W, �` a 'I .1 I• �(:�F f -f:_. f.!i w Q $tom:., ,> . ! a, `e. r� < . . r , - - 147TH ST�— _ j ttyyyy ' — 411 ., 44, r. „,,f ® 1 3y'. �.y� .. I � '� ® Vie' , f g , a: _ 4 �. i - I�- ter rr- .14 � ,�. 11 .i4 .111 � � T i :TSI1E . —' 11 'r ' . 1 :1 il ..-.— - • . or 1 0 ,: 1- ---- - ' ''' ''' gilIN ' , ' .,.(__ ......, ..._. . . ;. ..._ -_ ., :. . ./.. GLtAZIER AVE \`•. I i_17 L.J‘ U-. �' 4 c — — 1- W -150TH!ST VW - a. T 150TH Ng — , ,A , „el itin,4 • i, -,.. r„ , _:: ,..t.,7 rr Wings Credit Union N m� ,-4,_` 14985 Glazier Ave � ' ► ;.' : Sign Height Variancedelmo-' !Apr r f,,f %'. ti�,11-C rvg`G.��/.i1 Via ! o mr4rwa „ rmin• m- ki �1 hiliti `�� � o,41i ��e� } A F..rnRn r� I.r^.�1 u:; ••••• e�►�Ir9�^L�1 Yrl it 0i �7r Apple 0 10I 20I 300 Feet L.- i.,r J1[ r7=4. b fii1l, ValleyI w _) _---_ /_ 1 -{- _�_ S 1 G N S �" —�l j—'—' j —( "—"—"—" 6325 WELCOME AVE,N. D-7=_- ,- ,/ , ' _ - _---_ - _ -_ - MINNEAPOLIS,MN 55429 0 ,' � Phone:763-535-0080 a� — I — —i.i I _ $g ww.leroysigns.com rT _F, / �/ I Customer / Sw wig Nf/1.f� R // l\ % Wings Financial / I / _ ,� 1 I I I Location / r // .. "-' ��� . , , I Apple Valley,MN ---� / "" �� I If R ;1 �.r 1 T - ..--- 34o oo . J Description _ MI - II L :n i � b �� :• freestanding monument / �, r - QS 1 / n sign "`� b ■1 V' t t % I) : I / / \ ,.. � itI. - 85.00iii. p _ 4. / S� I 4hi 1 fl n i 1 Rj / _ h __ &� — / Y/ t U FFE-957.0 I [::, 11141141411 / / / ��1 a —• ———,- -- — t t i Sales Person /� /, � ^ Re �• :.•.4, I1 I Chris Clark .„:„..-, r • u/ �/ Date �i0 ►o. r. / - ,, �,, t . I t /;�/ / 09-26-2023 iEo WM /c �, .�.� U ,■�// !.I 1, s Scale / TOP.. 1,___I_'_ °1 \ 11 ��* .:,SLOPES / 1 ..���,'', Scale: NTS / / \, ���, jinni ,I �� ':/ / File/Rev {'' 1 pu.,,i —r- !� °'°'3v WNGS_AV1_SLM_V1A.ai �_� 8 • roo•. som'r PRIMARY ELECTRICAL POWER TO SIGN ¢' .:, oyes —� TO BE BY OTHERS.ALL POWER TO BE " GLAZIER AVENUE w...w 120 VOLT UNLESS OTHERWISE STATED TOP 95- TOP f..A. ........, �.-.. _ / W` ELECTRICAL USE o U.L.LISTED COMPONENTS nec AND SHALL MEET ALL N.E.C.STANDARDS f SIGN LOCATION AI 9- Z nor h SIGN MUST BE GROUNDED IN COMPLIANCE WITH ARTICLE 600 OF THE NATIONAL ELECTRIC CODE AV-1 3 • • • , , . rietary design of Leroy• ..ns,nc.,designed specifically for this to PROPOSED PYLON SIGN SITE PLAN distnbutct.letol any other entity and lfor lcopy or use.This design cannot be used without the written consent of Leroy Signs,Inc. S 1 G N S 6325 WELCOME AVE,N. ;. MINNEAPOLIS,MN 55429 Phone:763 535 0080 ' '; =„ ww.leroysigns.com till , . . • ,. . ti ,l F •Ir .' • A, Customer �' r SIDE VIEW FRONT VIEW Wings Financial : � _*' ;; Location 'rt + Apple Valley,MN — _ - 10'-0" Description r- 1 •,......7. '- 7-1 1° routed push thru LED backlit copy freestanding monument Nu Existing Sign _ sign ~ 7328 WHITE 1/2"THICK ACRYLIC(LETTERS,LOGO) i s ■PMS 287C(CABINET) v'5' 0" in zo TOP M Credit Union ELECTRICAL REQUIREMENTS: 1 QTY 120 VOLT 20 AMP CIRCUIT Apple Valley 3'-0" , 4th of July Parade full color EMC y This Weekend, j sign area=80sgft ` = Sales Person y` 11gS 20' 0" - - Chris Clark z _ l l` decorative slats '..'r . , q ple I.r "� open air flow I Date • 08 18 2023 x eta:• . _ . 1' r 'r, �� o � _ = Scale t .M1 , us t Scale: 3/16"=1' ` — .-; ' _•'A P File/Rev ' y I WNGS AV1 PS V1A.ai r __-— _ _ I aluminum base 4 3' O° PRIMARY ELECTRICAL POWER TO SIGN TO E BY OTHERS.ALL POWER TO BE Proposed Sign --___, -.r + ,,.. OA. 120VOLLT UNLESS OTHERWISE STATED _ �; ,.- -Z. , ,, wx grade .r_J,,: '� ". .t .:; ...�. y,� -cam. ' .:!... ELECTRICAL TO USE ® U.L.LISTED COMPONENTS nec AND SHALL MEET ALL f N.E.C.STANDARDS SIGN MUST BE GROUNDED IN COMPLIANCE WITH ARTICLE 600 OF THE NATIONAL ELECTRIC CODE IMPORTANT NOTICE: REPLACE EXISTING MONUMENT WITH PROPOSED NEW LED BACKLIT PUSH THRU ACRYLIC SIGN .rietary design of Leroy ..ns,nc.,designed specifically for this project.It is illegal and unethical to distribute to any other entity for copy or use.This design cannot be used without the written consent of Leroy Signs,Inc. Free-Standing Sign Height and Size Comparisons City Retail Zoning Office Zoning Notes Max Sign Max Area Max Sign Max Area Height (ft.) (sq. ft.) Height (ft.) (sq. ft.) Apple Valley 24 110 8 60 * Sign size is based on the speed of the adjacent roadway and Burnsville *16 25 6 25 classification. The sign provisions shown are for a 30 mph collec- tor vs local. Sites adjacent to 65 mph+ are permitted 32' tall 200 sq. ft. Eagan 27 125 7 None Office zones generally require monument signs. All signs over 7' require a CUP. Edina 20 100 8 80 Lakeville 20 100 10 100 Richfield 20 100 15 60 _ Rosemount *10 *40 10 100 * Downtown regulations. Signs adjacent to arterial roadways may be 20' tall and 80 sq. ft. West St. Paul 20 200 10 50 Pylon signs prohibited in all but business districts. Woodbury 20 80 20 80 Additional height and size permitted if within 100' of a highway (65 mph). CITY OF APPLE VALLEY ORDINANCE NO. AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING CHAPTER 155 APPENDIX F, ARTICLE 2 OF THE CITY CODE REGULATING GROUND SIGNS WITHIN PLANNED DEVELOPMENT DISTRICT 290, ZONE 3 The City Council of Apple Valley ordains: Section 1. Chapter 155, Appendix F-Article 2 of the Apple Valley City Code is amended by revising Section A2-5 (A)(6) to read as follows: (6) Signs. Except as provided herein, Signage shall be in accordance with Chapter 154 of the City Code except that the foundation or support structure of a freestanding sign must be completely enclosed and such enclosure shall have an exterior facing consisting of materials which shall match the exterior construction materials of the primary building with which it is associated and serves to identify. In Zone 3 of this Planned Development, freestanding ground signs shall comply with the sign regulation in Chapter 154 and the above foundation structure requirement, except the following height and sign area restrictions shall apply: (1) the height of the sign shall not exceed 20 feet; and (2) the total sign area shall not exceed 80 square feet. Section 2. Effective date. This ordinance shall take effect upon its passage and the publication of its title and the official summary. PASSED by the City Council this 11th day of January, 2024. Clint Hooppaw, Mayor ATTEST: Pamela J. Gackstetter, City Clerk CITY OF APPLE VALLEY ORDINANCE NO. AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING CHAPTER 155 APPENDIX F, ARTICLE 2 OF THE CITY CODE REGULATING GROUND SIGNS WITHIN PLANNED DEVELOPMENT DISTRICT 290, ZONE 3 The following is the official summary of Ordinance No. passed by the City Council of Apple Valley on January 11, 2024: Chapter 155 Appendix F,Article 2, Section A2-5 (A)(6)of the City Code,regulating signs within Planned Development District 290, is amended by revising height and sign area regulations for freestanding ground signs in Zone 3. A printed copy of the ordinance is available for inspection by any person during regular office hours in the office of the City Clerk at the Apple Valley Municipal Center, 7100 147th Street W., Apple Valley, Minnesota 55124. 2 1/11/2024 Wings Credit Union Ordinance Amendment to PD -290 14985 Glazier Avenue City Council 1-11-2024 ""`valley 1 Actions Requested The City Council is asked to approve or deny the ordinance amendment to Chapter 155, Appendix F-Article 2 of the Apple Valley City Code revising Section A2-5 (A)(6) to allow the installation of a freestanding ground sign with a maximum height of 20' and total sign area not to exceed 80 sq. ft. (Recommend waiving second reading.) A 'a Vlley 2 1 1/11/2024 Site Location , _ ____. ,,....,,..„.4..•......,. ,....,,,,,,„,;,,,c ,- .., __...., - ..1 iT-.-'1 .41:.,:?-r!, '. ,,,4 ,r.,• ..-,, -----1--- ' -- iik...- -, .14' ,'....',•,,',•, ';'f! 1 , , 411 ir. - .7 ' '., :.a, , 1.' .: ---4-,.., -; _1-01.'7;1-Ff.--:;.=-. .- -. -. *__- ',-t"H' °, .Z'', --L''t- .t,' . ''`•-•-' -"7,..,41- L.,'t - , 00,___-. _____-_ . .- _,_---. - -7 -_-. - -,. !. ,t!.......-.. -:. ..,11 /,„// --/ 'I`^:±',1i,,11,14-• Ilk :'.-', i ''./ / / " '' ,.,Iq , 1_1, , If /11014A/f4/- - I --to-7,- -- i •-;,' " '. ... ,t,•,., ,,,-,t4 .. ,„.1,.... . :,...„ ir",... L,,;.!..„:."___,il,i;.:,...' ,:'''.,, ' '1 ill LI' 1 2' ''• ' '-._. ..., •/z ri : „fA ,......,,s-. .,... .. "3'1-..4r• ' 1-- 1.-.; '' : lun ; rt!-.-,..1.-4 , , 1 ,, • _ : ,,,, ....0, Irt ‘ ...-' I',.:"----_=,,., , ,,..: ._',„.. • S': -,•:., ,'T _ 6 @ ,1 ii :• IA I .a:474t p 14 II,- „„.., Ili' ,,: /_ ., e_ , . . II eg 'I: — • A2 . . Iv- 'ffiliks,:t ,V, i.,*,'.'. f , 1, '.. 1 e, I' ..,_.,A- -- , . . ti ;.' . . - 11 •I ' 1 i• ''•- •"•'r ,riV‘. 'ilir • ' . .''. • •• I'A. ' ....- • ' 1 r ' r l''• I ',. ..•••'-,.. ..., .100,40. • 1 ,‘• ..,1'.If . -.., , 11111,1 . , 11!.• -A.. 1 1 - .., ,,, •,,i •‘.,..- . h ,i?''„..•; , ., . - I . 1 1; rr„,;er:7,_.„„..,--- ‘410,.,., 4),, 7. . . I 'r,,,';'1°''' ''•-14i i'l'+"•14:::1, i •••••• *::•:*•7 .,.1 ' t'.'. .:f,,.r r• '1- ,‘ , ' Or,„„ir A..,,,,, .„,..-.;:-.:,..., .1-. Apple ..,. ,,,, GLAZIER AVE. s _ Valley N , i ;I %oh. 3 Sign Location MI le i r 14:i Ste'la 1...- • - - •. -4, t, ...2..‘113GidZieraMZE' , ---- .1 ".-.11"j111°411,1"..miL AwArrraM...016 —. W g!i al 147 ,„ C ,.., . - Gl t akIrAvSE ' " , /,' '°'' ''',2''''- - * . ...ilk • - • • • 0," - . IlL -,. 3. • • i ?4. tttisiF - • '-- '';',„:i', ,., p ,..c io...,.• ,a,'.n.;v•,. •.- ,'L._ .'. trii•n- — '— ,,t . 4 . . - I..A.. ..,. ,.., •••••• - 0--- 1 1 1 - 11,5 SA ..0 . . - . ....,, , , Apple ' -,.' , • V Valley r .,•-• . _ , , I :-.... .','..,_ ,., ‘2,,• .."-Aem''"1 4 2 1/11/2024 3 PD-290 I M-8C 1 W . Site 1 1 2 3 5 1 Zoning PD-290 J2 2 Q 3 P 0 GLAZIER AVE Subject 1 J L Property PD- H k 7 7dd 5 Apple. Valley 5 Existing Sign . • • k. _ _ • .. k ,-kk., Nl r •,A 9, .- -5- :. . - -:� s - . 'fit. .ay• W T,- '=me -- —riot• ,�,.•.•air i ..' _.-___ `., Apple.I ,Valley s_ 6 3 1/11/2024 Amended Elevati..4 ..._._ .„ .,, , . . on II Lill I, q 5 FRONT VIEW 1. k r ,r 711" I `.i l ,^ \ ,4 roar d push thin LED backlit copy k i �! 0• w.n�a n.K.MwrYn wings pus zax toe., �� : 11•V: . 5.-0"m wings • Credit Union TOO ELECTRICAL aInra aIS I gn 120 f trees to be cleared Uh pp I.Vol ley Apple around sign site Apple Valley. full color Emc n+r y,MM,enel 3'-0" 4th of July Parade This Weekend .]sign area=ff0 sq f[ 20'-0" = decorative slats ' open air flow : k rii. 4 1 .-ram 1 i yy. I aIummum base 1 V:e: Proposed Sign -r - .'`. r"�r_`—"- 3-0 grade ""Valley 7 Applicant Site Plan _._______ N ___________________ Ala 11;111 4-__._________ ,.."'; pi. s ‘1/4 44 __ 13 OFFSET FROM ROW J I IIIIIII1 tifig *4 44 F m w itl ItAr, . f x A Walley a 8 4 1/11/2024 City Comparisons City Retail Zoning Office Zoning Notes Max Sign Max Area Max Sign Max Area Height(ft.) (sq.ft.) Height(ft.) (sq.ft.) Apple Valley 24 110 8 60 *Sign size is based on the speed of the adjacent roadway and Burnsville *16 25 6 25 classification.The sign provisions shown are for a 30 mph collector vs local.Sites adjacent to 65 mph+are permitted 32' tall 200 sq.ft. Eagan 27 125 7 None Office zones generally require monument signs.All signs over 7'require a CUP. Edina 20 100 8 80 Lakeville 20 100 10 100 Richfield 20 100 15 60 Rosemount *10 *40 10 100 *Downtown regulations.Signs adjacent to arterial roadways may be 20'tall and 80 sq.ft. West St.Paul 20 200 10 50 Pylon signs prohibited in all but business districts. Apple Woodbury 20 80 20 80 Additional height and size permitted if within 100'of a Valley highway(65 mph). 9 Proposed Amendment (6) Signs. Except as provided herein, signage shall be in accordance with Chapter 154 of the City Code except that the foundation or support structure of a freestanding sign must be completely enclosed and such enclosure shall have an exterior facing consisting of materials which shall match the exterior construction materials of the primary building with which it is associated and serves to identify. In Zone 3 of this Planned Development, freestanding ground signs shall comply with the sign regulation in Chapter 154 and the above foundation structure requirement, except the following height and sign area restrictions shall apply: (1) the height of the sign shall not exceed 20 feet; and (2) the total sign area shall not exceed 80 square feet. A Valley 10 5 1/11/2024 Actions Requested The City Council is asked to approve or deny the ordinance amendment to Chapter 155, Appendix F-Article 2 of the Apple Valley City Code revising Section A2-5 (A)(6) to allow the installation of a freestanding ground sign with a maximum height of 20' and total sign area not to exceed 80 sq. ft. (Recommend waiving second reading.) AppValley 11 Other Signs in the District : . A' mwins ._. . ....-zr_. is __ a. 4,=‘ z • 4 A 'Valley 12 6 1/11/2024 Other Signs in the District 1 ,., A.,...._ ,. 1� lit RI W.ANDE�t50N�1 ........ T^u , _ ,...._ ..._ 1410j1 IF IF �— IA )FFE ACADEMY — y. ., m_ ....._ _AA I ...„. Illiwhhihhli... ,.....--------- ApPlen Valley 13 Other Si g ns in the District . „...,,,„:„..•,„)„,. .•_ . .E*AA- 1 __4 � , _ PIP � ®_� + r ...--"" A�VaIIey 14 7 1/11/2024 Sign Com parisons 21'-105%4 •I 16'-O" 'l 4'-106%4' ALL PAI iv DOVE Menards — M ENA RD S 4100E 23' Height a MENF �1 102 sq. ft. ALUM I PAIN 1' h 7"A N III a PREI n IL. of"' A vall h 20-0" .I ALUMI �' MODEL PYLON SIGN 15 Sign Com parisons .._ mmars, ill :11 ......... ,-----z. k`' 'c Abdallah — `; 1���I/ ITHs 309 1. 15' Height �'ONSAE.tcream ,I' � _ asst.w ipVf^9 i 108 sq. ft. III` -_ ��TRUFFLES ;,-- _ r�,`MF106SATIOA R _ ..`....i;X. 4.,-1111.....1. ---%. .,,. . ,.:0 , 1/1 i ' ' 'r 4 ''''t, _. -!!:kj..,_ A A „till • A 'Valley 16 8 1/11/2024 Sign Comparisons ' tz'-01/2 ® Mister CAR WASH 8 ® FREE Vacuums -zo'-o• I - - P. tr-a• Mster FREE Vacuums • t, 1 I • I - - Mister Car Wash - 20 Height - '�` APP IIey 12' Width `4"1" Approx. 85 sq. ft. -- pp 17 Sign Comparisons iniir Starbucks - r tic{ 22' Height {'t 1ip ,. , 7' Width Approx 50 sq. ft - t imiiiIIIN mt A 1 4 7 .a, 1 t . F— ii1IL! lliimlluI pu le ..., . ._ .:,:::,:. G Apple Valley 18 9 1/11/2024 Sign Comparisons *** *** "— Americlnn AmericInn B Y W Y N D H A M *4M � BY WYNDHAM 4 F+, „ Americlnn a.. Ale '= r - I \, (existing) - �a291,B.- 44 26' 4" Height , _ dry 4, a�-— o Americlnn 11 4" Width "' _ 149 sq. ft. 11--4x 4-6,8 b PROPOSED AT 26'-4'OAH R Y GRAPHIC l ft` Apple. pp . iiey I-11 CUSTOMERAPPROJAL 19 Sign Comparisons sole ve-� 13h-Oh 156 In 133In I )RN torn Niln h-Om ' illn r— LB 3R Sin 3R-` 'li LUNDSs 6V�KLVS Lunds and Byerlys - l,n LUNDS&BYERI1 1 th< Y BA 20' Height HmnnS 1%; CalYw6014COFF6E lh t —. . 13' Width ]9 ,I, KITCHEN 1h-I _ 2iji B 0In ® Ill 65 sq. ft. Ial1 a. _I bh-Oln ``\' )l In tah-I1 In 129 In W We A Vaiiey 20 10 1/11/2024 Sign Comparisons UPDATE(I) l er DIP PYLON SIGN . Pr' 1 31' Think Bank- — 24' Height • th111k 14' Width -f think 1. BA 36 sq. ft. BANK � ` ��► z� ioi � 15751 11 61 15751 .MPO.o..,ENUE navall 21 Sign Comparisons - __ _ w....._ . --r Pennock Center - 16' 56 sq. ft. -.g - -=-1t, II l ' Ill 1 kll _ i' -,�. _ `_-_`" _` _iiimiiiiiiiiiiiim...__ - ApplValley 22 11 1/11/2024 Sign Comparisons .5.. ,..0. nr I 4 pplen ( TTn 1 AV Liquor- '81,2 Valley � „ llll;1 Ildi'J ilk.(I I,, '� I 20 Height BOLO 12' Width SELECT ,..,,, 95 Sq. ft. BOX WINES! 12. .0800 ADDED -- 150. BEAN i za° d :_ � Apple„ BROKEN 51ONE BASE BY DEEP i l IN 10'OEEP �� P 9 a. 23 12 .`.4.tiriereZVIC qUilirt. coirt. ,,,... a to 6440* k i LI?. goer • i c/1t.9f NUM 0- 0011111,11111111111111111.41.1.- A, 41li or f i 1 LIIT SI1: 1;11 •:" qcl .. :: . rI ; : ;! ..: 4.•, dED , / 4,AM. 0... , :: . . . __ ______ ----ia....---- --------""i-- - imr_mik__ Joilifookue.- Ar. " Maple Grove, MN AIR ir. Pit •-a.. if . , • V of .. •1 l'olikrogyr • lif . - - . 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Jo .1 411riiIN 4 ii r' 4•IiiiikiH.. t...... .. r 1 Existing Sign - SIGNSI. M , MINNEAPOLIS6325WELCO,MNEAVE 5542N.9 Phone:763-535-0080 1 t; ', ,,H '] ww.leroysigns.com F• .. ' Customer , _ Wings „. 1 . Wings Financial ,Ittt of PPe Valley 41Y?araee - �, ° Z epkena .�..aE a F __ Location Apple Valley,MN �.su a.zirw.n.oE -2 --".a -' _ -. Description r° = _-- SIDE VIEW FRONT VIEW freestanding pylon sign Proposed Sign _ s ROUTED PUSH THRU LED BACKLIT COPY 7'-11' ❑7328 WHITE 12'THICK ACRYLIC(LETTERS,LOGO) ■PMS 287C(CABINET) TOP ELECTRICAL REQUIREMENTS: M1- _ IN I n g S 1 OTY 120 VOLT 20 AMP CIRCUIT I■ Credit Union full color EMC Sales Person Apple Valley J sign area=80sgft Chris Clark 3'-0" 4th of July Parade This Weekend Date 16'-0" 01 09 2024 decorative slats Scale `ram open air flow dimensional or Scale: 3/16"=1' cut vinyl address 14985 GLAZIER AVENUE aluminum base File/Rev WNGS_AV1_PS_V2B.ai 5'0 PRIMARY ELECTRICAL POWER TO SIGN TO BE BY OTHERS.ALL POWER TO BE Jo;: ;A'e - grade 120 VOLT UNLESS OTHERWISE STATED .- • } s4 '''fs S n .S•- ®0 U.LUCMMP0E TOU ALLENT S nec a N.E.0 STANDARDS SIGN MUST BE GROUNDED IN COMPLIANCE WITH ARTICLE 600 OF THE NATIONAL ELECTRIC CODE IM•0'TA T NOTIC : REPLACE EXISTING MONUMENT WITH PROPOSED NEW LED BACKLIT PUSH THRU ACRYLIC SIGN f Leroy Signs,Inc.,desgnedspecfically for this project.It is illegal and unethical to distribute to any other entity for copy or use.This design cannot be used without the written consent of Leroy Signs,Inc. .,,-;,;.,1, -„,..,,,,.:,„- ,, ..., ,.... , ............. ............ _ _ . _. .. . , . , . ....,... , .... , ... - _. ... .... . . ... i . :,-7,1-.... ..,. - , - 11* . „..... _ ... ..,_. ,,.. , .. ....„ ... .._ , . .,.. --K,,,, , .., .,,, - . ......, ` ---At-.'-',.' ...... , .. .. alk .... , . ,... NEW ROW . , _ - , .. ..-, • .' . . . .. . .,:..., ..... ,. . .. ... . . .. • , - .f.i''''' 4.:.*. .:: .. . 41 , — -' ' ..,...- R'j./. fc. - ..-,`'-'00 - ' 13'OFFSET FROM ROW;,... ..,-;;;;,-',-- . . ,.. .. , ..., . _ . . ..._.. ..: -.. Ilk ..-_,.= . ... . , , ,.....„.„ ...,,..... . .., . . ,-,:..;.'4 ,„.. -., , • ; .. . . .., , . , . , . .... 0, . , .._ -... , ; •,-,,,,„-- . ;. i - /3; ;- ..,•;. , ---- ,;,-.. ,,..• vo it _ . , -; •.- -.. ,,.., _ ..: , ••-.-:,--, * „, , .-. .6,,,-,..ry.-. -, * ,,...... ' . .44.--..,., . . . .,. .. ...., WV iqr 6325 WELCOME AVE,N. MINNEAPOLIS,MN 55429 �J. Phone:763-535-0080 4 #! ww.leroysigns.com n:: 0 4 `• i �' . - t a! la Customer ' ` SIDE VIEW FRONT VIEW Wings Financial - �t- Location w * + L .e .. Apple Valley,MN of - 10'-0" Description pi p- — freestandingmonument —s' - 7 1 routed push thru LED backlit copy Existing Sign sign _� 1_ 1 \A ❑7328 WHITE 1/2"THICK ACRYLIC(LETTERS,LOGO) I I� S ■PMS 287C(CABINET) , 15'-0" �' n , TOP Credit Union ELECTRICAL REQUIREMENTS. 1 QTY 120 VOLT 20 AMP CIRCUIT Apple Valley 3'-0" 4th of July Parade full color EMC PP' This Weekend. sign area' Sales Person • Wings 20'-0" Chris Clark . decorative slats Date < Lim open air flow ti_ 08-18-2023 Scale •`f Scale: 3/16"=1' File/Rev F - I WNGS_AV1_PS_V1A.ai .y; J_' Alp aluminum base PRIMARY ELECTRICAL POWER TO SIGN Pro posed Sin ` 3'0" TO BE BY OTHERS.ALL POWER TO BE P g _..o,w li I? Jam grade 120 VOLT UNLESS OTHERWISE STATED _ '_ ® ELECTRICAL TO USE S ,a _ U.L.USTED COMPONENTS nec AND SHALL MEET ALL 0 N.E.C.STANDARDS S SIGN MUST BE GROUNDED IN COMPLIANCE WITH ARTICLE 600 OF THE NATIONAL ELECTRIC CODE REPLACE EXISTING MONUMENT WITH PROPOSED NEW LED BACKLIT PUSH THRU ACRYLIC SIGN Siglnss Inc.,designed s I a proprietaryspecfically for this project.It is illegal and unethical to distribute to any other entity for copy or use.This design cannot be used without the written consent of Leroy Signs,Inc. • ITEM: 5.C. ••••• • ••• COUNCIL MEETING DATE: January 11, 2024 Apple Valley SECTION: Regular Agenda Description: Accept Resignation of Planning Commissioner Keith Diekmann and Authorize Receipt of Applications through February 15, 2024, to Fill the Vacancy Staff Contact: Department/ Division: Pamela J. Gackstetter, City Clerk City Clerk's Office ACTION REQUESTED: Accept the resignation of Planning Commissioner Keith Diekmann and authorize receipt of applications through February 16, 2024, to fill the vacancy. SUMMARY: Commissioner Keith Diekmann notified the City of his resignation from the Planning Commission. Staff suggests formal acceptance of his resignation at this time. The City Council may also wish to extend an invitation to individuals interested in serving on the Planning Commission to submit an application to the City Clerk by February 16, 2024. A draft announcement regarding the vacancy is attached for your review. Once the applications have been received and the Council has had the opportunity to review them, an appointment can be scheduled. BACKGROUND: The seven-member Planning Commission is a standing committee with the responsibility to investigate issues relating to planning and land use. The Planning Commission discusses and evaluates development and building proposals, conditional use permit applications, variance requests, proposed changes to the Comprehensive Plan or zoning map, and related planning issues. The Planning Commission conducts public hearings, when necessary, and votes on recommendations, which are then sent to the City Council. The Planning Commission meets the first and third Wednesdays of the month, beginning at 7:00 p.m., at the Municipal Center. BUDGET IMPACT: N/A ATTACHMENTS: Notice ..• .... ..... ... City of Apple., Valley MEMO City Clerk's Office CITY OF APPLE VALLEY ANNOUNCEMENT OF PLANNING COMMISSION VACANCY A vacancy currently exists on the City of Apple Valley's Planning Commission with a three-year term expiring March 1, 2026. The seven-member Planning Commission is a standing committee with the full power and responsibility to investigate issues relating to planning and land use on behalf of the City Council. The Planning Commission discusses and evaluates development and building proposals, conditional use permit applications, variance requests, proposed changes to the Comprehensive Plan or zoning map, and related planning issues. The Planning Commission conducts public hearings, when necessary, and votes on recommendations, which are then sent to the City Council. The Planning Commission meets the first and third Wednesdays of the month, beginning at 7:00 p.m., at the Municipal Center. The City Council will fill this vacancy by appointment. Persons interested in submitting their names for consideration must file an application with the City Clerk by 4:30 p.m., Friday, February 16, 2024. Application forms are available on the City's website at www.cityofapplevalley.org or may be obtained at the office of the Apple Valley City Clerk, at 7100 147th Street W., Apple Valley, Minnesota 55124, or by calling 952-953-2506. DATED this 11 th day of January, 2024. Pamela J. Gackstetter City Clerk • ITEM: 5.D. ••••• • ••• COUNCIL MEETING DATE: January 11, 2024 Apple Valley SECTION: Regular Agenda Description: Adopt Resolution Appointing Acting Mayor for 2024 Staff Contact: Department/ Division: Pamela J. Gackstetter, City Clerk City Clerk's Office ACTION REQUESTED: Adopt the resolution appointing the Acting Mayor for the year 2024. SUMMARY: The Acting Mayor shall perform the duties of Mayor during the disability or absence of the Mayor from the City, or in the case of vacancy in the office of Mayor, until a successor has been appointed and qualifies. The City Council is requested to appoint the Acting Mayor for 2024. The attached resolution will be completed according to the Council's decision. BACKGROUND: Minnesota Statutes §412.121 requires that the City Council, at its first meeting of each year, choose an Acting Mayor from the Council Members. BUDGET IMPACT: N/A ATTACHMENTS: Resolution CITY OF APPLE VALLEY RESOLUTION NO. 2024- RESOLUTION APPOINTING THE ACTING MAYOR FOR 2024 BE IT RESOLVED, that the City of Apple Valley, Dakota County, Minnesota, that Councilmember be appointed as Acting Mayor for the year 2024. BE IT FURTHER RESOLVED, that the Acting Mayor shall perform the duties of the Mayor during the disability or absence of the Mayor from the City. Absence of the Mayor from the City is defined as a continuous period of over 24 hours. ADOPTED this 11th day of January, 2024. Clint Hooppaw, Mayor ATTEST: Pamela J. Gackstetter, City Clerk •••• ITEM: 7. ..... .... Apple COUNCIL MEETING DATE: January 11, 2024 Valley SECTION: Calendar of Upcoming Events Description: Approve Calendar of Upcoming Events Staff Contact: Department/ Division: Stephanie Marschall, Deputy City Clerk City Clerk's Office ACTION REQUESTED: Approve the calendar of upcoming events as listed in the summary below, and noting each event listed is hereby deemed a Special Meeting of the City Council. SUMMARY: Day/Date Time Location Event Wed./Jan. 10 7:00 p.m. Municipal Center Traffic Safety Advisory Committee Meeting Thur./Jan. 11 5:30 p.m. Municipal Center Informal City Council Meeting Thur./Jan. 11 7:00p.m. Municipal Center Regular City Council p Meeting* Fri./Jan. 12 7:45 a.m. Eagan Community MLC Legislative Breakfast Center Meeting Mon./Jan. 15 City Offices Closed Martin Luther King Jr. Day Tue./Jan. 16 2:00 p.m. Municipal Center Cemetery Advisory Committee Meeting Wed./Jan. 17 7:00 p.m. Municipal Center Planning Commission Meeting Bogart's AV Arts Foundation- Frozen Sat./Jan. 20 1:00-3:45 p.m. Entertainment Apple Concert Series Center Wed./Jan. 24 9:00 a.m. Municipal Center Firefighters Relief Association Board Meeting Thur./Jan. 25 8:00 a.m. Thompson County Dakota County Legislative Park Breakfast Meeting Thur./Jan 25 11:00 a.m. Wings Credit Union Chamber Ribbon Cutting Ceremony Thur./Jan. 25 6:00 p.m. Municipal Center EDA Meeting Thur./Jan. 25 7:00Municipal Center Regular City Council p.m. p Meeting* Thur./Feb. 1 6:00 p.m. Municipal Center Informal Parks & Recreation Advisory Committee Meeting Thur./Feb. 1 7:00 p.m. Municipal Center Regular Parks & Recreation Advisory Committee Meeting Chamber Ribbon Cutting Fri./Feb. 2 10:00 a.m. Pet Supplies Plus Ceremony Sat./Feb. 3 Johnny Cake Ridge Mid-Winter Fest Park Wed./Feb. 7 8:00 — 9:00 a.m. 360 Communities Chamber Joint Coffee Connection Wed./Feb. 7 7:00 p.m. Municipal Center Planning Commission Meeting Thur./Feb. 8 5:30 p.m. Municipal Center Informal City Council Meeting Regular City Council Thur./Feb. 8 7:00 p.m. Municipal Center Meeting* BACKGROUND: Each event is hereby deemed a Special Meeting of the City Council, the purpose being informational or social gathering. Only events marked with an asterisk (*) will any action of the Council take place. BUDGET IMPACT: N/A • ITEM: 8.A. ••••• • ••• COUNCIL MEETING DATE: January 11, 2024 Apple Valley SECTION: Closed Session Description: Convene in Closed Session, Under the Labor Negotiations Exception to the Open Meeting Law, to Discuss AFSCME Union Negotiations Staff Contact: Department/ Division: Melissa Haas, Human Resources Manager Human Resources Division ACTION REQUESTED: Motion to convene into a closed session to discuss AFSCME union labor negotiations. SUMMARY: Update on current status of negotiations with AFSCME for 2024. BACKGROUND: Staff and labor union representatives have been meeting to negotiate for a 2024 labor agreement. Staff will provide an update and request direction and parameters for continuing negotiations. Minnesota Statutes §13D.03 provides that the City Council may, by majority vote, convene into closed session to consider strategy for labor negotiations and to discuss and review labor negotiations proposals. BUDGET IMPACT: N/A