07-14-2025 City Council Agenda and PacketA.5:00 P.M. - WORK SESSION
Note: Unless otherwise noted, work sessions are held in the Fountain Conference Room in the
lower level of City Hall and are open to the public. If the City Council does not complete the work
session items in the time allotted, the remaining items will be considered after the regular agenda.
Public comment is not allowed at the work session.
A.1 Chanhassen Bluffs Community Center Workshop #3
A.2 West 78th Street (East) Clocktower Discussion
A.3 Discuss Highway 5 Joint Powers Agreement and Pedestrian Underpass
A.4 Future Work Session Schedule
B.7:00 P.M. - CALL TO ORDER (Pledge of Allegiance)
C.PUBLIC ANNOUNCEMENTS
D.CONSENT AGENDA
All items listed under the Consent Agenda are considered to be routine by the city council and will
be considered as one motion. There will be no separate discussion of these items. If discussion is
desired, that item will be removed from the Consent Agenda and considered separately. City
council action is based on the staff recommendation for each item. Refer to the council packet for
each staff report.
D.1 Approve City Council Meeting Minutes dated June 23, 2025
D.2 Approve City Council Work Session Minutes dated June 23, 2025
D.3 Approve Claims Paid dated July 14, 2025
D.4 Approve Temporary Modification of the Licensed Premises to serve Beer in the Hackamore
Brewing Company Parking Lot Area
AGENDA
CHANHASSEN CITY COUNCIL
MONDAY, JULY 14, 2025
CITY COUNCIL CHAMBERS, 7700 MARKET BOULEVARD
1
D.5 Approve Contract with Jeff Martin Auctioneers
D.6 Award Contract for Geotechnical Services for the 2026 City Pavement Rehabilitation Project
(#26-01).
D.7 Authorize Contract for Geotechnical Services for the Great Plains-Lake Drive East
Rehabilitation Project (#26-02)
D.8 Approve Contract for Annual Sanitary and Storm Sewer Televising
D.9 Resolution 2025-XX: Authorize Contract for Engineering Design and Construction Services
for the 2026 City Pavement Rehabilitation Project (26-01)
E.VISITOR PRESENTATIONS
Visitor Presentations requesting a response or action from the City Council must complete and
submit the Citizen Action Request Form (see VISITOR GUIDELINES at the end of this agenda).
E.1 McKenna Ewen Citizen Action Request
F.FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE
G.PUBLIC HEARINGS
H.GENERAL BUSINESS
H.1 Ordinance XXX: Amending Chapter 10 Regulating Short-Term Rentals
I.COUNCIL PRESENTATIONS
J.ADMINISTRATIVE PRESENTATIONS
K.CORRESPONDENCE DISCUSSION
L.ADJOURNMENT
GUIDELINES FOR VISITOR PRESENTATIONS
Welcome to the Chanhassen City Council Meeting. In the interest of open communications, the
Chanhassen City Council wishes to provide an opportunity for the public to address the City Council.
That opportunity is provided at every regular City Council meeting during Visitor Presentations.
Anyone seeking a response or action from the City Council following their presentation is
required to complete and submit a Citizen Action Request Form. An online form is available at
https://www.chanhassenmn.gov/action or paper forms are available in the city council chambers
prior to the meeting.
A total of thirty minutes is alloted for Visitor Presentations. Priority is given to Chanhassen
residents. An additional thirty minutes may be provided after General Business items are
complete at the discretion of the City Council.
Anyone indicating a desire to speak during Visitor Presentations will be acknowledged by the
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Mayor. When called upon to speak, state your name, address, and topic. All remarks shall be
addressed to the City Council as a whole, not to any specific member(s) or to any person who is
not a member of the City Council.
If there are a number of individuals present to speak on the same topic, please designate a
spokesperson that can summarize the issue.
Limit your comments to five minutes. Additional time may be granted at the discretion of the
Mayor. If you have written comments, provide a copy to the Council. Comments may also be
emailed to the City Council at council@chanhassenmn.gov.
During Visitor Presentations, the Council and staff listen to comments and will not engage in
discussion. Council members or the City Manager may ask questions of you in order to gain a
thorough understanding of your concern, suggestion or request.
Please be aware that disrespectful comments or comments of a personal nature, directed at an
individual either by name or inference, will not be allowed. Personnel concerns should be
directed to the City Manager.
Members of the City Council and some staff members may gather at Tequila Butcher, 590 West
79th Street in Chanhassen immediately after the meeting for a purely social event. All members of the
public are welcome.
3
City Council Item
July 14, 2025
Item Chanhassen Bluffs Community Center Workshop #3
File No.Item No: A.1
Agenda Section 5:00 P.M. - WORK SESSION
Prepared By Laurie Hokkanen, City Manager
Reviewed By
SUGGESTED ACTION
Discussion
Motion Type N/A
Strategic
Priority Development & Redevelopment
SUMMARY
Representatives from the project team will join the City Council to provide an update on site planning,
floorplans, and cost estimating.
BACKGROUND
Since voters approved funding for the Chanhassen Bluffs Community Center last November, significant
progress has been made to bring this project to life:
Design Team Selected
In March, the Chanhassen City Council approved a Letter of Intent and later a formal contract with
architectural firm BKV Group, following a competitive interview process. BKV will lead the design of
the new community center. Additionally, the Council brought on The Sports Facilities Companies to
assist with venue planning and financial modeling.
4
Tours and Early Design Discussions
To help shape the vision for our facility, Council and staff toured several nearby community centers in
April. On May 5, they met with BKV to discuss takeaways and review early concepts for the site.
Site Secured
On May 5, the City Council approved the acquisition of 13.1 acres at Powers Boulevard and Highway
212 for the future community center. The site also includes a 1.8-acre stormwater pond donated at no
cost. Construction is anticipated to begin in spring 2026.
We remain committed to keeping residents informed and involved throughout the design and
construction phases. You can send your ideas and feedback by emailing feedback@chanhassenmn.gov.
In addition, we will soon share public opportunities for you to add your input.
Visit the project page to subscribe to this newsletter by clicking here and selecting “Chanhassen Bluffs
Community Center” under the Projects category.
DISCUSSION
BUDGET
RECOMMENDATION
ATTACHMENTS
Chan Bluffs Council Presentation
5
CHANHASSEN
BLUFFS
COMMUNITY
CENTER
City Council Work Session
July 14, 2025
6
PROJECT
PILLARS
CHANHASSEN BLUFFS COMMUNITY CENTER 7
Community Focused
Mixed -use Destination
Fitness & Wellness
Connection to Nature
PROJECT PILLARS
Every age. Every Stage.
8
PROJECT SCHEDULE
CHANHASSEN BLUFFS COMMUNITY CENTER 9
CHANHASSEN BLUFFS COMMUNITY CENTER |BKV GROUP
TECHNICAL DESIGN
AND
DOCUMENTATION
PLANNING &
VISIONING
COLLABORATION •QUALITY ASSURANCE •COST CONTROL •SCHEDULE MANAGMENT
SCHEMATIC
DESIGN
DESIGN
DEVELOPMENT
CONSTRUCTION
DOCUMENTS
CONSTRUCTION
ADMIN
EXECUTION
REFINED
DESIGN
FUNCTION &
OPERATIONS MEETS
FORM & EXPERIENCE
DISCOVER YOUR
STORY & PLAN FOR
THE FUTURE
PROJECT SCHEDULE
WE ARE
HERE
10
COST
ESTIMATE
CHANHASSEN BLUFFS COMMUNITY CENTER 11
CHANHASSEN BLUFFS COMMUNITY CENTER |BKV GROUP
STAFF RECOMMENDED VALUE ENGINEERING
1.Refinements to roof design / slopes
2.Refinements to exterior finishes / wall
assemblies / glazing
3.Site retaining wall material change
4.Reduction in interior finishes cost
5.Reprogram restaurant space for community
room function resulting in space savings
6.Reductions in overall building square
footage at select areas
7.Adjustment to ice plant refrigerant type
8.Omit outdoor terrace at walking track
9.Refined HVAC systems & ductwork
10.Reduction in emergency generator size
11.Reduction in mezzanine at ice rinks
12.Refinements to FF&E and AV systems
Total Applied Value Engineering:
($12,525,467)
Total Project Estimate:
$105,906,152
Resulting Project Estimate:
$93,380,685
12
CHANHASSEN BLUFFS COMMUNITY CENTER |BKV GROUP
ADDITIONAL VALUE ENGINEERING CONSIDERATIONS
Option No. 1: Remove smaller ice rink; while
including provisions for a future addition
(Staff & Consultant Team Recommended)
Estimated Value: ($12,224,269)
Option No. 2: Remove outdoor terrace at
restaurant/ community room
Estimated Value: ($217,860)
Option No. 3: Remove turf portion of
building at field house
Estimated Value: ($6,015,095)
Total Project Estimate:
$105,906,152
Total Value Engineering including Option No. 1:
($24,749,736)
Resulting Project Estimate:
$81,156,416
13
CHANHASSEN BLUFFS COMMUNITY CENTER |BKV GROUP
FACILITY UPDATES -FINANCIAL IMPACT
Removal of Ice Rink
•Decreases number of Tournaments, F&B Revenue, and Program Registration
•Reduces facility size, lowers facility and operational costs
Turf Space Consolidation
•Reduce turf space to 7,200 sf to maintain ability for sports performance training,
creates additional revenue driver and added membership fitness value
Community Room Expansion
•Increase space from 2,800 sf to 4,950 sf allows for room rentals for small group
meetings, leading to increase in revenue of $90k annually
Financial Performance Summary
•Strong model that serves the community and meets the goals of sustainability
•Operationally self sustaining by full maturity
14
CURRENT
FLOOR PLANS
CHANHASSEN BLUFFS COMMUNITY CENTER 15
SITE PLAN
CH AN H AS S EN B L U F F S
CO M M U N I T Y CE N T E R
A P P R O X .
5 5 0 S T A L L S
F U T U R E
D E V E L O P M E N T
16
REVISED | LOWER -LEVEL FLOOR PLAN
17
REVISED | UPPER -LEVEL FLOOR PLAN
18
FIELD HOUSE
44,000SF
SERVICE/RECEIVINGSTAIRBENCHES
UP
UP
UPUP
UPUP
UP
TROPHY
BENCHES LOCKERS
5012 SF
FITNESS
TRAINING
6
6488 SF
LOBBY
11
SIMULATOR
13
460 SF
583 SF
15
OFFICE
EQUIPMENT
16
167 SF
SERVICE /
RECEIVING
18
756 SF
TRASH
19
258 SF
TRAINING
21
676 SF
LOCKER
34
388 SF
LOCKER
31
388 SF
LOCKER
29
388 SF
LOCKER
26
386 SF
LOCKER
24
388 SF
LOCKER
23
388 SF
JV
33
371 SF
WET
32
392 SF
WET
25
392 SF
JV
22
387 SF
VARSITY
30
392 SF
VARSITY
27
392 SF
COACH
35
227 SF
PLAYER FLEX
36
262 SF
COACH
37
212 SF
PLAYER FLEX
38
286 SF
143 SF
BROOMS /
MOPS MAINT.
39
389 SF
LOCKER
40
189 SF
REF
41124SF
STORAGE
42
EVENT EQUIP.
43
1122 SF
282 SF
MAIN.EQUIP.
44
2000 SF
ICE PLANT
45
295 SF
PLAYER FLEX
46
216 SF
COACH
47 320 SF
STORAGE
48
216 SF
COACH
49
292 SF
PLAYER FLEX
50
402 SF
LOCKER
51402SF
JV
52
402 SF
WET
53
402 SF
VARSITY
54
402 SF
VARSITY
55
402 SF
WET
56
402 SF
JV
57
402 SF
LOCKER
58
845 SF
PARTIAL
MAIIN.EQUP
59
508 SF
STAKE
RENTAL
60
1029 SF
MEDICAL
PARTNER
61
STORAGE
62
319 SF
281 SF
SKATE
STORAGE
63
DANCE /
AEROBICS
9
2255 SFSTOR.1220 SF
21751 SF
Room
97
RINK2
RINK1
965 SF
PRIVATE
CHANGING
107
722 SF
CHANGING
110
SERVICE /
RECEIVING
111
640 SF
2598 SF
MEP
114
168 SF
MEN'S
117
168 SF
WOMEN'S
118
88 SF
ELEV.SERVICE
120 CORRIDOR
MEN'S
121
212 SF 212 SF
WOMEN'S
122
ELEVATOR
123
203 SF528SF
THE HUB
124
REF
125
207 SF
1010 SF
STORAGE
126
302 SF
STAIR
133
1328 SF
ZAMBONI
134
1625 SF
MECH
132
422 SF
STAGE
EQUIP.
135
LOOSE
ATHLETIC
EQUIP.
136
1088 SF
377 SF
HOCKEY
EQUIP.
138
PREVIOUS | LOWER -LEVEL FLOOR PLAN (FOR REFERENCE)
19
DN DN
DN
DN
DN
INDOOR
PLAYGROUND
91
3867 SF
PARTY ROOM
79
309 SF
PARTY ROOM
80
277 SF
WALKING
TRACK
96
11166 SF
MEN'S
78
436 SF
CONCESSION
102
471 SF
SUPPORT
101
325 SF
OFFICE
100
137 SF
OFFICE
99
140 SF
ELEVATOR
93
223 SF
288 SF
VEST.
103
COMMUNITY
ROOM
75
3969 SF
MEN'S
73
322 SF
WOMEN'S
65
321 SF
ELEV
95
104 SF
CORRIDOR
83
293 SF
VIEWING BOX
109
255 SF
VIEWING BOX
66
251 SF
VIEWING BOX
67
280 SFVIEWINGBOX
108
339 SF
VIEWING BOX
69
338 SF
VIEWING BOX
70
328 SF
RESTAURANT
129
4104 SF
LOBBY
131
11111 SF
WOMEN'S
77
483 SF
KITCHEN
81
749 SFBAR
82
239 SF
FIELD HOUSE
44,000SF
RINK 2
RINK 1
WELCOME
139
166 SF
SUPPORT
90
197 SF
FMLY RR
140
75 SF
FMLY RR
141
101 SF
VEST.
142
126 SF
PREVIOUS | UPPER -LEVEL FLOOR PLA N (FOR REFERENCE)
20
CONCEPTUAL
RENDERINGS
CHANHASSEN BLUFFS COMMUNITY CENTER 21
Chanhassen City |Chan Bluffs |BKV GROUP |21
EXTERIOR VISIONING RENDERING
22
Chanhassen City |Chan Bluffs |BKV GROUP |21
EXTERIOR VISIONING RENDERING
23
Chanhassen City |Chan Bluffs |BKV GROUP |25
EXTERIOR VISIONING RENDERING
24
Chanhassen City |Chan Bluffs |BKV GROUP |20 25
Chanhassen City |Chan Bluffs |BKV GROUP |22
EXTERIOR VISIONING RENDERING
26
Chanhassen City |Chan Bluffs |BKV GROUP |22
EXTERIOR VISIONING RENDERING
27
Chanhassen City |Chan Bluffs |BKV GROUP |13 28
Chanhassen City |Chan Bluffs |BKV GROUP |13 29
Chanhassen City |Chan Bluffs |BKV GROUP |13 30
Chanhassen City |Chan Bluffs |BKV GROUP |13 31
Chanhassen City |Chan Bluffs |BKV GROUP |13 32
NEXT
STEPS
CHANHASSEN BLUFFS COMMUNITY CENTER 33
CHANHASSEN BLUFFS COMMUNITY CENTER |BKV GROUP
NEXT STEPS
•Confirm Value Engineering Option(s) Selected To Align
Project Scope Within The Established Budget
•Early August -60% Schematic Design Owner Review Package
•Geotechnical Report -To Be Scheduled
•Schematic Design Cost Estimate -End of August
•Identify Community Engagement Opportunities
•Council Work Session Mid -September
34
THANK
YOU
35
City Council Item
July 14, 2025
Item West 78th Street (East) Clocktower Discussion
File No.Item No: A.2
Agenda Section 5:00 P.M. - WORK SESSION
Prepared By Jerry Ruegemer, Park and Recreation Director
Reviewed By
SUGGESTED ACTION
Discuss needed repairs and future function.
Motion Type N/A
Strategic
Priority N/A
SUMMARY
The existing clock tower on the east side of town (located by Colonial Square) was originally
constructed in 1988 as part of the overall downtown Chanhassen redevelopment plan. Over time, the
structure has aged with ongoing maintenance, specifically with the clocks located on four sides of the
clock tower. The technology is aging, and mechanical failure for the clocks is routine, causing them to
often not function.
With the new clock tower being built as part of our new city hall, now is the perfect time to discuss the
future of our existing clock tower. Should the city continue to repair and maintain the four clocks, or
should the city consider removing the clocks/structure, as the new city hall clock is nearing
completion?
While the clock tower may hold some historical value, its clock functionality is limited and costs to
repair are increasing annually. Staff look forward to discussing the options and future of the clock tower
located on the east side of town.
36
BACKGROUND
DISCUSSION
BUDGET
RECOMMENDATION
ATTACHMENTS
37
City Council Item
July 14, 2025
Item Discuss Highway 5 Joint Powers Agreement and Pedestrian Underpass
File No.ENG 25-03 Item No: A.3
Agenda Section 5:00 P.M. - WORK SESSION
Prepared By Charlie Howley, Director of Public Works/City Engineer
Reviewed By Matt Unmacht
SUGGESTED ACTION
N/A
Motion Type N/A
Strategic
Priority Communications
SUMMARY
This is a follow up to the work session discussion on May 19, 2025.
BACKGROUND
N/A
DISCUSSION
The Highway 5 Improvement Project is close to going out for bids. The project is fully funded, and
outside of the contemplated trail underpass of Highway 41 north of West 78th Street, the City of
Chanhassen's cost share is $0. The underpass is technically a separate project from the main Highway 5
project, but it is intended to be done in conjunction with the larger project.
The latest concept design and cost estimate for the underpass are attached.
38
The main decision point for the city is whether or not to proceed with the underpass, which has an
estimated city cost share in the range of $800k and $1.1M.
The inclusion of this separate underpass project would be rolled into the overall Joint Powers
Agreement between the City and the County, which is scheduled to come back to the city for approval
in the next few months.
BUDGET
N/A
RECOMMENDATION
N/A
ATTACHMENTS
TH 41 Underpass Concept (2025-07-07)
TH 41 Underpass Concept Cost Estimate (2025-07-07)
39
????UM30" R
CP 18" RCP24" RCP
MM
M
18" RCP
M
M
M
U
T 10152054154204 2 5
415420425
510500505bmi.tblH:\CACO\25X139354000\CAD\ORD\CAC0-25X139354000\Layouts\cd1008XXX_lo1.dgn9:47:08 AMpdf-color.pltcfgalexanderre7/2/2025PRELIMINARY LAYOUT
TH 41 UNDERPASS
100
SCALE IN FEET
PROPOSED BRIDGE/BOX CULVERT
14'X10' BOX CULVERT
A/L W 78TH ST EB
A/L W 78TH ST WB
A/L TH 41 TRAIL UNDERPASS
10' TRAIL1 0 ' T RAIL
10' TRAILA/L TH 41 TRAIL
A/L TH 41 NB
A/L TH 41 SB 75'R20'R20'R
7
5'R700
'
R
7
5'R965
9
7
0
975
980
985
990
995
1000975
9
8
0
9
7
0
970
975
9
8
0
9
8
5
9
9
0
99099510001000
1005
1010
1010
990
9951000
9 7 5980 970975960965965
LAYOUT LEGEND
PED/BIKE PATH
EXISTING RIGHT OF WAY
PARCEL LINES
BOULEVARD/GRASS AREA
CONSTRUCTION (BY OTHERS)
CONSTRUCTION LIMITS
1:2.5
1:4
1
:4
1:2.5
1:2.5
1:2.51:41.6
%2.4%
2.0
%4.8%4.8%4.8%97598098599
0975
980
980
985
990980985990
9959951000100510009953.3%3.3%2.1%6.1%2.7%5%4
%40
CLEARING & GRUBBING ACRE 1.3 12,000.00$ 15,600$
EXCAVATION / EMBANKMENT CY 19,000 15.00$ 285,000$
AGGREGATE BASE (CV) CLASS 5 CY 200 40.00$ 8,000$
WEARING COURSE MIXTURE TON 200 95.00$ 19,000$
VINYL COATED BLACK CHAIN LINK FENCING LF 200 150.00$ 30,000$
DRAINAGE LS 1 100,000.00$ 100,000$
CITY WATERMAIN RELOCATION LS 1 50,000.00$ 50,000$
LIGHTING LS 1 30,000.00$ 30,000$
Subtotal 538,000$
14' x 10' Box Culvert LF 120 4,100.00$ 492,000$
CIP Wing Walls EA 4 70,000.00$ 280,000$
Subtotal Structural 772,000$
All Major Construction Subtotal 1,310,000$
MOBILIZATION of all major 65,500$
CONTINGENCY FOR UNKNOWNS OR MISC. ITEMS of all major 262,000$
Subtotal 328,000$
1,638,000$
Project Development Fees (Per Contract) 370,565$
147,420$
2,155,985$ 50% 1,080,000$
Notes:
1) Upgrading retaining walls, ornamental railing, or other aesthetic treatments will increase cost. This estimate assumes same treatments as the proposed underpass east of TH 41.
2) Contingency is for unknowns or miscellaneous items that are not itemized in the estimate (removals, alternate pedestrian route, turf, erosion, etc.)
3) Estimate assumes no traffic control needs/costs. Construction planned to occur when TH 41 is closed.
4) Estimate assumes stand-alone estimate and no economies the agency may get if the main project's contractor agressively bid on this.
20%
Construction Cost ( Dollars)
Total Cost ( Dollars)
Construction Engineering Fees (9% of Construction)
Concept Level Cost Estimate
14' x 10' Box Culvert
TH 41 Underpass and Trail
7/7/2025
5%
Item Unit
PRECENTAGE ITEMS
Total Qty Unit Price Total Cost
MAJOR ITEMS
STRUCTURAL ITEMS
41
City Council Item
July 14, 2025
Item Future Work Session Schedule
File No.Item No: A.4
Agenda Section 5:00 P.M. - WORK SESSION
Prepared By Laurie Hokkanen, City Manager
Reviewed By Laurie Hokkanen
SUGGESTED ACTION
N/A
Motion Type N/A
Strategic
Priority N/A
SUMMARY
The City Council is tentatively scheduled to hold the following work sessions:
July 28, 2025
Hwy 5 discussion (Pedestrian underpass at Hwy 41)
Commercial Vehicle Parking
City Council Roundtable
2026 Budget items
August 11, 2025
Budget and Levy workshop #2
Pending items:
Sign Code updates
Chanhassen Bluffs Community Center planning workshops
42
Elections
Pleasantview Rd. project planning
BACKGROUND
Staff or the City Council may suggest topics for work sessions. Dates are tentative until the meeting
agenda is published. Work sessions are typically held at 5:30 p.m. in conjunction with the regular City
Council meeting, but may be scheduled for other times as needed.
DISCUSSION
BUDGET
RECOMMENDATION
ATTACHMENTS
43
City Council Item
July 14, 2025
Item Approve City Council Meeting Minutes dated June 23, 2025
File No.Item No: D.1
Agenda Section CONSENT AGENDA
Prepared By Jenny Potter, City Clerk
Reviewed By
SUGGESTED ACTION
"The Chanhassen City Council approves the City Council Meeting minutes dated June 23, 2025."
Motion Type Simple Majority Vote of members present
Strategic
Priority N/A
SUMMARY
BACKGROUND
DISCUSSION
BUDGET
RECOMMENDATION
Staff recommends that the Chanhassen City Council approves the City Council Meeting minutes dated
June 23, 2025.
44
ATTACHMENTS
City Council Meeting Minutes dated June 23, 2025
45
CHANHASSEN CITY COUNCIL
REGULAR MEETING
MINUTES
JUNE 23, 2025
Mayor Ryan called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge of
Allegiance.
COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilmember McDonald,
Councilmember von Oven, and Councilmember Kimber
COUNCIL MEMBERS ABSENT: Councilmember Schubert
STAFF PRESENT: Laurie Hokkanen, City Manager; Matt Unmacht, Assistant City Manager;
Charlie Howley, Public Works Director/City Engineer; Jerry Ruegemer, Parks and Recreation
Director; Patrick Gavin, Communications Manager; Breanne Rothstein, Planning Consultant;
Rachel Arsenault, Associate Planner; Kelly Grinnell, Finance Director; Samantha DiMaggio,
Economic Development Manager; and Jenny Potter, City Clerk
PUBLIC PRESENT:
Jacquel Hajder, Inland Development Partners
Theo Grothe, ESG Architecture
PUBLIC ANNOUNCEMENTS:
1. Moment of Silence in Honor of Melissa and Mark Hortman
Mayor Ryan extended the city’s deepest condolences to the families impacted by the
tragic events that occurred last week.
2. Invitation to the Annual 4th of July Celebration
Mayor Ryan invited all to the 42nd Annual 4th of July Celebration on July 2-4, 2025, at
City Center Park and Lake Ann Park and discussed highlights for the celebration that can
be found on the city website.
3. Xfinity Sponsorship Recognition
Mayor Ryan recognized Xfinity for their generous support of the 4th of July Celebration
and discussed the brand new Movie in the Park event on July 1, 2025, that Xfinity will be
hosting.
46
City Council Minutes – June 23, 2025
2
CONSENT AGENDA: Councilmember McDonald moved, Councilmember von Oven
seconded that the City Council approve the following consent agenda items 1 through 9
pursuant to the City Manager’s recommendations:
1. Approve City Council Meeting Minutes dated June 9, 2025
2. Approve City Council Work Session Minutes dated June 9, 2025
3. Receive Economic Development Commission Minutes dated April 8, 2025
4. Approve Claims Paid dated June 23, 2025
5. Fire Station Needs Study
6. Amendment to existing Easement Agreement and Construction License between Chanhassen
and the University of Minnesota related to the Crimson Bay Road Improvement project
7. Approve a Massage Therapy Business License for Spalon Montage – New Manager
8. Appointment to the Commission on Aging
9. Approve a $75,000 grant to Carver County CDA to acquire and rehab 6721 Hopi Road
10. Award design contract for the 2026 Lake Drive Rehabilitation Project
11. Approve an Encroachment Agreement between the City of Chanhassen and the property
owner at 9101 River Rock Drive North
12. Approve an Encroachment Agreement and Access Easement and Parking Agreement
between the City of Chanhassen and the property owner at 225 79th Street West
13. Resolution 2025-49: Authorizing Continued Participation in the Office of State Auditor
(OSA) Performance Measurement Program
14. Resolution 2025-50: Accept a $15,000 Donation from Xfinity
15. Resolution 2025-51: Abandoning condemnation related to Highway 41 MMSW Roundabout
Project
All voted in favor, and the motion carried unanimously with a vote of 4 to 0.
VISITOR PRESENTATIONS. None.
FIRE DEPARTMENT/LAW ENFORCEMENT UPDATES. None.
47
City Council Minutes – June 23, 2025
3
PUBLIC HEARINGS.
1. Resolution #2025-52, Approving the Right-of-Way, Drainage and Utility Easement
Vacations necessary for the new Pleasant View Pointe Plat
Charlie Howley, Public Works Director/City Engineer, explained the background information on
the request, including the existing easements and ROW on the property, Pleasant View Pointe
Plat, Plat status, and discussed the requirement for this Public Hearing.
Mayor Ryan opened the public hearing. There were no public comments.
Mayor Ryan closed the public hearing.
Councilmember von Oven moved, Councilmember Kimber seconded that the Chanhassen
City Council approve the request for the Right-of-Way, Drainage and Utility Easement
Vacations necessary for the new Pleasant View Pointe Plat. All voted in favor, and the
motion carried unanimously with a vote of 4 to 0.
GENERAL BUSINESS.
1. Consider Avienda Apartments Preliminary Plan and Site Plan Review (Planning Case
25-08)
Rachel Arsenault, Associate Planner, explained that the applicant is proposing the subdivision of
a 35.34-acre property to plat an 11-acre lot for the construction of a 412-unit multi-family
apartment building. She presented the Avienda Apartments, including information regarding
location, communications thus far, Avienda PUD, subdivision review, site plan review, staff
findings, planting schedule, stormwater management, parking requirements for the project,
architecture for floor plan and courtyard, architectural elevations, renderings of the project,
Avienda Design guidelines, and proposed materials for the project.
Jacquel Hajder, Inland Development Partners stated that they are excited to be a part of the
Avienda development project and are open to any questions.
Mayor Ryan asked if every unit has a balcony, even the interior of the courtyard. Ms. Hajder
stated that every unit will have a balcony unless it faces the clubhouse or is limited in depth. She
also added that any ground-level units have a patio.
Mayor Ryan asked about the color palette for the project. Ms. Hajder stated that they have a
variety of materials, including wood, stone, and decorative precast, and presented to the Council
the proposed materials.
48
City Council Minutes – June 23, 2025
4
Ms. Hajder discussed their landscape plan and the proposed trees to soften the aesthetic of the
western elevation.
Mayor Ryan asked how they can ensure that the latest design will not be a wet/dry pond. Mr.
Howley stated that this project has to come up with a stormwater solution that meets the existing
watershed district and the Master Stormwater Permit. He stated that from their understanding,
the Avienda apartment has a stormwater plan that does work, but should a revised concept come
before the city for consideration, it would have to match the existing permits.
Mayor Ryan clarified that the approval tonight goes to the far East stormwater pond. Mr. Howley
stated that it is correct.
Councilmember Kimber moved, Councilmember McDonald seconded that the Chanhassen
City Council approves the requested preliminary plat and site plan review for Avienda
Apartments subject to the conditions of approval and adopts the attached Findings of Fact
and Decision. All voted in favor, and the motion carried unanimously with a vote of 4 to 0.
COUNCIL PRESENTATIONS. None.
ADMINISTRATIVE PRESENTATIONS.
1. Receive Commission on Aging Annual Report
Mayor Ryan thanked Mary Blazanin for all the work on projects, programs, recruiting, etc
that she does for the Seniors and the city.
CORRESPONDENCE DISCUSSION.
1. Carver County CDA Down Payment and Closing Cost Assistance Program
ADJOURNMENT.
Councilmember von Oven moved, Councilmember Kimber seconded to adjourn the
meeting. All voted in favor, and the motion carried unanimously with a vote of 4 to 0. The
City Council meeting was adjourned at 7:39 p.m.
Submitted by Laurie Hokkanen
City Manager
Prepared by Jenny Potter
City Clerk
49
City Council Item
July 14, 2025
Item Approve City Council Work Session Minutes dated June 23, 2025
File No.Item No: D.2
Agenda Section CONSENT AGENDA
Prepared By Jenny Potter, City Clerk
Reviewed By
SUGGESTED ACTION
"The Chanhassen City Council approves the City Council Work Session Minutes dated June 23,
2025."
Motion Type Simple Majority Vote of members present
Strategic
Priority N/A
SUMMARY
BACKGROUND
DISCUSSION
BUDGET
RECOMMENDATION
Staff recommends that the Chanhassen City Council approves the City Council Work Session minutes
dated June 23, 2025.
50
ATTACHMENTS
City Council Work Session Minutes dated June 23, 2025
51
1
CHANHASSEN CITY COUNCIL
WORK SESSION
MINUTES
June 23, 2025
Mayor Ryan called the work session to order at 5:30 p.m.
COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilmember von Oven, Councilmember
Kimber, Councilmember Schubert, Councilmember McDonald
COUNCIL MEMBERS ABSENT:
STAFF PRESENT: Laurie Hokkanen, City Manager; Matt Unmacht, Assistant City Manager;
Charlie Howley, Public Works Director/City Engineer; Patrick Gavin, Communications Manager;
Jerry Ruegemer, Parks Director; Breanne Rothstein, Planning Consultant; Rachel Arsenault,
Associate Planner; Jenny Potter, City Clerk; Samantha DiMaggio, Economic Development
Manager; Kelly Grinnell, Finance Director
PUBLIC PRESENT: Faith Xiong, MnDOT Project Manager; Veronica Richfield, KLJ
Engineering Project Manager; Josh McKinney, MeasureGroup; Ryan Sailer, Headwaters
Development; Melodie Bridgeman, Carver County CDA
Highway 7 Corridor Update
Charlie Howley, Public Works Director/City Engineer, introduced Faith Xiong, MnDOT Project
Manager, and Veronica Richfield, KLJ Engineering Project Manager, to give an overview of the
Highway 7 Corridor Study. The study focuses on the 18-mile stretch between Hopkins Crossroad
and the western Hennepin County line in St. Bonifacius. Prompted by a 2021–2022 road safety
audit, the study aims to identify long-term transportation needs and explore improvement options
for all users. Council members received an overview of the project’s progress, goals, and risks,
particularly the challenge of aligning future improvements with an FY2029 MnDOT pavement
project.
Two leading alternatives for Segment 1 (St. Bonifacius to TH 41) were presented: a roundabout
corridor with raised medians and intersection upgrades and an “improved intersections only”
approach using a mix of designs like ¾ intersections, signalized RCIs and a Green T (a modified
T-intersection that prioritizes mainline traffic flow while still allowing side-road access). Each
alternative was evaluated for traffic flow, crash reduction, cost and pedestrian safety.
Roundabouts, for example, showed strong safety benefits but raised concerns about travel
distance and public acceptance.
MnDOT is also evaluating options for a continuous bike/pedestrian trail along Segment 1, with a
preliminary recommendation to offset the trail from the roadway where feasible. Segment 2 (TH
41 to I-494) focuses on safer pedestrian crossings, including potential grade separations near
Minnetonka High School.
Chanhassen City Council feedback will help shape MnDOT’s upcoming implementation plan
and final recommendations, expected later this summer following additional public engagement.
52
City Council Work Session Minutes – June23, 2025
2
6440 Hazeltine Blvd Development Proposal Discussion
Rachel Arsenault, Associate Planner, gave an overview of the 5.5-acre site where Headwaters
Development is exploring the possibility of a multi-family residential project. The site is
currently zoned Residential Single Family (RSF) but is guided for Residential Medium Density
in the city’s 2040 Comprehensive Plan, which supports a net density of 4–8 units per acre.
Rezoning would be required, with potential zoning districts including R-4 Mixed Low Density,
RLM Residential Low & Medium Density, or R-8 Mixed Medium Density. The developer’s
proposed concept includes 44 units, which aligns with the density range supported by the Comp
Plan.
Josh McKinney from MeasureGroup, and Ryan Sailer from Headwaters Development shared
their initial thoughts and ambitions for the site, which is located near Lake Minnewashta and
directly across Highway 41 from Minnetonka Middle School West. While no formal action was
taken, the City Council emphasized that traffic flow and access management would need to be a
major consideration as the concept moves forward.
Discuss 75,000 grant to Carver County CDA to acquire and rehab 6721 Hopi Road
The City Council discussed a funding request from the Carver County Community Development
Agency (CDA) for $75,000 in Local Affordable Housing Aid (LAHA) to support the acquisition
and rehabilitation of a single-family home at 6721 Hopi Road. The proposal represents a
partnership between the city, Habitat for Humanity, the CDA, and private donors to establish
Chanhassen’s first Community Land Trust (CLT) home.
The 1926-built, three-bedroom home would undergo approximately $95,000 in renovations.
With all funding sources secured—including $75,000 from the city—the home could be sold to a
low-to-moderate-income household (earning at or below 80% of the Area Median Income) for
$235,000, well below market value. The home would enter the Carver County CLT and remain
affordable for at least 99 years through a ground lease.
This was the first formal presentation of the project to the council. Melodie Bridgeman from the
CDA attended to provide additional information and answer questions. Councilmembers voiced
support for this project while also emphasizing the need to consider how future LAHA funds can
be used strategically to expand housing affordability across a broader range of neighborhoods in
Chanhassen.
Excess ROW at Lyman Blvd and Hwy 101
Laurie Hokkanen, City Manager, gave information to the City Council regarding a potential
acquisition of excess right-of-way (ROW) on the north side of Lyman Boulevard, west of
Highway 101. Kraus-Anderson, who is the property owner of the Crossroads development
immediately adjacent, has expressed interest in purchasing the excess ROW currently owned by
53
City Council Work Session Minutes – June23, 2025
3
Carver County to support the development of a specialty grocery store and accompanying
parking at the Crossroads Shopping Center. Because Carver County can sell the land directly to
the city, the process is more efficient if the city acts as the intermediary.
Mayor Ryan recessed the work session at 6:54 P.M.
Mayor Ryan reconvened the work session at 7:44 P.M.
Councilmember Schubert was absent for this part of the Work Session.
Preliminary 2026 Budget & Levy Discussion #1
The City Council held a work session to begin its first discussion of the City’s preliminary 2026
budget and property tax levy. This marks the beginning of the annual budgeting process, which
will continue through the fall and culminate in final adoption in December. No formal action was
taken, but staff sought early feedback from the City Council as departments begin preparing their
detailed budget requests.
Initial projections for the General Fund indicate an anticipated expenditure increase of 4–5%,
primarily driven by labor-related costs. The preliminary budget includes a 3% cost-of-living
adjustment for employees, a 3% step increase for eligible staff, and estimates a 15% increase in
maximum health insurance premiums. The budget also accounts for new state mandates,
including the implementation of the Minnesota Paid Leave Law, and results from the recent
staffing study.
Other notable cost drivers include a 6.1% increase in the Sheriff’s contract, $33,000 for the 2026
elections, and $10,000 for wildlife population management. The operating impact of the new
City Hall and Senior Center is also being factored in; however, staff expects no overall cost
increase. No major changes to other city service levels are expected.
Looking ahead, the Council was reminded that the next work session on the budget will be held
on August 11, 2025. At that point, staff will present a more detailed draft budget and levy based
on department submissions and Council direction.
Mayor Ryan adjourned the work session at 8:13 P.M.
Submitted by Laurie Hokkanen
City Manager
Prepared by Jenny Potter
City Clerk
54
City Council Item
July 14, 2025
Item Approve Claims Paid dated July 14, 2025
File No.Item No: D.3
Agenda Section CONSENT AGENDA
Prepared By Danielle Washburn, Assistant Finance Director
Reviewed By Kelly Grinnell
SUGGESTED ACTION
"The Chanhassen City Council Approves Claims Paid dated July 14, 2025."
Motion Type Simple Majority Vote of members present
Strategic
Priority Financial Sustainability
SUMMARY
BACKGROUND
DISCUSSION
The following claims are submitted for review and approval on July 14, 2025:
Total Claims $5,665,494.95
BUDGET
RECOMMENDATION
55
ATTACHMENTS
Payment Summary
Payment Detail
56
Accounts Payable
Checks by Date - Summary
Vendor Name Check Date Void Checks Check Amount
ASSOC OF MINN VOLUNTEER FIREFIGHTERS BENEFIT 06/18/2025
0.00 1,463.00
Brainwave Tech Solutions Inc 06/18/2025
0.00 4,370.90
CARVER COUNTY LICENSE CENTER 06/18/2025
0.00 4,058.73
CENTERPOINT ENERGY MINNEGASCO 06/18/2025
0.00 2,702.49
D. Milton Owens 06/18/2025
0.00 600.00
ESQUIRE TITLE SERVICE LLC 06/18/2025
0.00 170.17
GREAT LAKES COCA-COLA DISTRIBUTION LLC 06/18/2025
0.00 1,472.79
Gregory Fast 06/18/2025
0.00 450.00
Matt Unmacht 06/18/2025
0.00 296.96
MCFOA 06/18/2025
0.00 95.00
Metronet Holdings, LLC 06/18/2025
0.00 116.35
MN DEPT OF HEALTH 06/18/2025
21,207.00 0.00
MN VALLEY ELECTRIC COOP 06/18/2025
0.00 261.20
NOVEL SOLAR THREE, LLC 06/18/2025
0.00 10,435.44
THOMAS & JEANNIE BENNETT 06/18/2025
0.00 15.39
XCEL ENERGY INC 06/18/2025
0.00 7,167.88
AMERICAN TEST CENTER 06/20/2025
0.00 3,396.00
ARAMARK Refreshment Services, LLC 06/20/2025
0.00 96.17
Boarman Kroos Vogel Group Inc 06/20/2025
0.00 15,486.98
Brett Thorn 06/20/2025
0.00 150.00
CAMPBELL KNUTSON 06/20/2025
0.00 19,399.40
CHAN-O-LAIRES 06/20/2025
0.00 100.00
Cheryl Thiele 06/20/2025
0.00 150.00
Cintas Corporation No. 2 06/20/2025
0.00 321.51
CITY OF CHASKA 06/20/2025
0.00 1,193.78
Curtis Hanson 06/20/2025
0.00 150.00
David Lepper 06/20/2025
0.00 150.00
Deirdre Doane 06/20/2025
0.00 150.00
DEM-CON LANDFILL 06/20/2025
0.00 2,082.58
ECM PUBLISHERS INC 06/20/2025
0.00 68.51
Engel Water Testing Inc 06/20/2025
0.00 1,160.00
EPIC EVENT RENTAL 06/20/2025
0.00 730.30
FACTORY MOTOR PARTS COMPANY 06/20/2025
0.00 543.40
Ferguson Enterprises, Inc. #1657 06/20/2025
0.00 127.98
Ferguson Waterworks #2518 06/20/2025
0.00 846.18
GOPHER STATE ONE-CALL INC 06/20/2025
0.00 1,479.60
Great Plains Fire 06/20/2025
0.00 322.76
HealthPartners, Inc. 06/20/2025
0.00 84,937.09
Indoor Landscapes Inc 06/20/2025
0.00 187.00
Jesse Naab 06/20/2025
0.00 150.00
Juli Al-Hilwani 06/20/2025
0.00 468.75
KAYE L BENSON 06/20/2025
0.00 588.00
KIMLEY HORN AND ASSOCIATES INC 06/20/2025
0.00 1,083.84
Lake States Evergreen Company, LLC 06/20/2025
0.00 188.21
Page 1 of 5 57
Vendor Name Check Date Void Checks Check Amount
LEAGUE OF MN CITIES INS TRUST 06/20/2025
0.00 115,433.00
Lennar 06/20/2025
0.00 2,250.00
Lockridge Grindal Nauen P.L.L.P 06/20/2025
0.00 3,333.33
MERLINS ACE HARDWARE 06/20/2025
0.00 897.01
METROPOLITAN COUNCIL 06/20/2025
0.00 241,707.34
Midwest Aqua Care, Inc 06/20/2025
0.00 4,090.00
Minnesota Equipment 06/20/2025
0.00 258.50
MN DEPT OF LABOR AND INDUSTRY 06/20/2025
0.00 2,069.23
MN RECREATION & PARK ASSOC. 06/20/2025
0.00 175.00
NAPA AUTO & TRUCK PARTS 06/20/2025
0.00 223.45
NvoicePay 06/20/2025
0.00 702.90
OTTO ASSOCIATES 06/20/2025
0.00 1,033.25
Paul Scanlon 06/20/2025
0.00 150.00
Precision Driving Center 06/20/2025
0.00 1,359.00
Premium Waters, Inc 06/20/2025
0.00 51.05
Pro-Tree Outdoor Services 06/20/2025
0.00 8,928.15
Rain for Rent 06/20/2025
0.00 5,365.34
Ready Watt Electric 06/20/2025
0.00 4,905.00
Robert Skubic 06/20/2025
0.00 119.98
Safe-Fast, Inc. 06/20/2025
0.00 39.96
SCOTT NELSON COACHING INC 06/20/2025
0.00 1,200.00
SHERWIN WILLIAMS 06/20/2025
0.00 174.16
Sr Mechanical 06/20/2025
0.00 21,750.00
SRF CONSULTING GROUP INC 06/20/2025
0.00 3,855.06
Storms Welding & Mfg, Inc. 06/20/2025
0.00 91.50
Thrive Consultancy, LLC 06/20/2025
0.00 9,750.00
TimeSaver Off Site Secretarial, Inc 06/20/2025
0.00 1,113.00
US Home Corporation 06/20/2025
0.00 4,500.00
USA BLUE BOOK 06/20/2025
0.00 596.64
VALLEY-RICH CO INC 06/20/2025
0.00 15,719.18
W.L. Hall Co. 06/20/2025
0.00 603.75
Waste Management of Minnesota, Inc 06/20/2025
0.00 1,874.75
WM MUELLER & SONS INC 06/20/2025
0.00 1,336.72
WSB & ASSOCIATES INC 06/20/2025
0.00 7,512.00
ALAN M. WHALEN 06/25/2025
0.00 43.10
ALL AMERICAN TITLE COMPANY 06/25/2025
0.00 26.67
ANCONA TITLE & ESCROW 06/25/2025
0.00 20.63
Annie Springer 06/25/2025
0.00 275.00
Apres, Inc. 06/25/2025
0.00 12,495.00
BARBARA KINGSTON 06/25/2025
0.00 141.83
BCA 06/25/2025
0.00 32.00
BRIAN & COURTNEY RIEGER 06/25/2025
0.00 69.63
BRITTANY BERGS 06/25/2025
0.00 49.38
BURNET TITLE 06/25/2025
0.00 144.09
BURNET TITLE 06/25/2025
0.00 20.31
BURNET TITLE 06/25/2025
0.00 107.48
Carver County 06/25/2025
0.00 1,251,828.50
CenturyLink 06/25/2025
0.00 62.57
CHERYL & KENNETH NORMAN 06/25/2025
0.00 34.09
DANIEL & KATHRYN O'CONNOR 06/25/2025
0.00 5.09
DeeAnn Triethart 06/25/2025
0.00 59.63
Eric Maass 06/25/2025
0.00 823.52
FLEX TITLE COMPANY LLC 06/25/2025
0.00 72.08
Page 2 of 5 58
Vendor Name Check Date Void Checks Check Amount
JAMES & KARI VEASAW 06/25/2025
0.00 38.95
John Holm Inc 06/25/2025
0.00 9,500.00
Laurie A. Hokkanen 06/25/2025
0.00 375.48
Marc S. Mutchler 06/25/2025
0.00 500.00
Marco Inc 06/25/2025
0.00 635.00
Metronet Holdings, LLC 06/25/2025
0.00 116.35
Michael Edward John Villalva 06/25/2025
0.00 700.00
MN VALLEY ELECTRIC COOP 06/25/2025
0.00 297.81
PATRICIA L. ADAMS 06/25/2025
0.00 29.89
SCOTT PHARIS 06/25/2025
0.00 73.13
Shai Hayo 06/25/2025
0.00 1,600.00
STEVEN BEDDOR 06/25/2025
0.00 165.78
SYDNEY & TREVOR GRUIS 06/25/2025
0.00 47.19
TITLE CHOICE LLC 06/25/2025
0.00 13.31
TITLESMART INC 06/25/2025
0.00 13.05
Todd Millenacker 06/25/2025
0.00 325.00
TROY & JOANN WERK 06/25/2025
0.00 11.49
VERIZON WIRELESS 06/25/2025
0.00 4,531.50
VERIZON WIRELESS 06/25/2025
0.00 190.16
WATERMARK TITLE AGENCY 06/25/2025
0.00 83.41
XCEL ENERGY INC 06/25/2025
0.00 13,637.73
XCEL ENERGY INC 06/25/2025
0.00 1,618.09
XCEL ENERGY INC 06/25/2025
0.00 946.96
American Family Life Assurance Company of Columbus 06/26/2025
0.00 85.02
Blackstone Contractors, LLC 06/26/2025
0.00 16,500.00
Boarman Kroos Vogel Group Inc 06/26/2025
0.00 81,649.06
BOLTON & MENK INC 06/26/2025
0.00 10,678.30
BOUND TREE MEDICAL LLC 06/26/2025
0.00 385.03
BRAUN INTERTEC CORPORATION 06/26/2025
0.00 3,590.50
Brent Carron 06/26/2025
0.00 87.25
Cyclone Construction 06/26/2025
0.00 8,500.00
Dorsey and Whitney, LLP 06/26/2025
0.00 245.50
ECM PUBLISHERS INC 06/26/2025
0.00 124.93
Ferguson Enterprises, Inc. #1657 06/26/2025
0.00 191.24
Ferguson Waterworks #2518 06/26/2025
0.00 267.84
Gerten Greenhouse & Garden Center, Inc 06/26/2025
0.00 1,565.00
Guard Guys, LLC 06/26/2025
0.00 85.00
Houston Engineering Inc 06/26/2025
0.00 701.50
Infosend, Inc 06/26/2025
0.00 3,471.16
Innovative Office Solutions LLC 06/26/2025
0.00 170.77
Jesse & Andrea Naab 06/26/2025
0.00 1,000.00
Kerry Maus 06/26/2025
0.00 780.00
KIMLEY HORN AND ASSOCIATES INC 06/26/2025
0.00 2,107.50
Kraus-Anderson Construction Company 06/26/2025
0.00 106,439.42
KUSSKE CONSTRUCTION COMPANY 06/26/2025
0.00 4,862.80
Megan Larson 06/26/2025
0.00 3,136.05
Metro Garage Door Company 06/26/2025
0.00 260.00
METROPOLITAN FORD 06/26/2025
0.00 145.86
Minnesota Pump Works 06/26/2025
0.00 2,737.33
MN DEPT OF HEALTH 06/26/2025
0.00 23.00
MN DEPT OF HEALTH 06/26/2025
0.00 21,184.00
MN DEPT OF TRANSPORTATION 06/26/2025
0.00 553.29
NYSTROM PUBLISHING COMPANY INC 06/26/2025
0.00 4,930.16
Page 3 of 5 59
Vendor Name Check Date Void Checks Check Amount
PATCHIN MESSNER 06/26/2025
0.00 3,500.00
Pinnacle Pest Control 06/26/2025
0.00 730.00
POWERPLAN OIB 06/26/2025
0.00 56.86
Pro-Tree Outdoor Services 06/26/2025
0.00 32,430.00
Reem Danial 06/26/2025
0.00 483.00
Shwaders Landscaping 06/26/2025
0.00 1,000.00
SiteOne Landscape Supply 06/26/2025
0.00 1,542.49
Sports Facilities Companies LLC 06/26/2025
0.00 15,245.64
SUMMIT FIRE PROTECTION 06/26/2025
0.00 2,255.00
TWIN CITIES & WESTERN RR CO 06/26/2025
0.00 869.04
USA BLUE BOOK 06/26/2025
0.00 5,035.90
WM MUELLER & SONS INC 06/26/2025
0.00 843.05
WSB & ASSOCIATES INC 06/26/2025
0.00 18,309.00
BCA 07/02/2025
0.00 32.00
CENTURYLINK 07/02/2025
0.00 1,485.38
Luke Kegley 07/02/2025
0.00 300.00
MN VALLEY ELECTRIC COOP 07/02/2025
0.00 7,482.74
Nokomis Energy, LLC 07/02/2025
0.00 9,046.15
Payton Olson 07/02/2025
0.00 225.00
Scott Prescott 07/02/2025
0.00 200.00
XCEL ENERGY INC 07/02/2025
0.00 102.88
Advanced Engineering & Environmental Services, LLC 07/03/2025
0.00 5,211.00
American Structural Metal Inc 07/03/2025
0.00 5,190.80
Apres, Inc. 07/03/2025
0.00 56.00
Assured Asphalt Corporation 07/03/2025
0.00 2,580.00
Barr Engineering Company 07/03/2025
0.00 3,687.00
BERGERSON CASWELL INC 07/03/2025
0.00 124,960.00
Boarman Kroos Vogel Group Inc 07/03/2025
0.00 13,011.24
BOLTON & MENK INC 07/03/2025
0.00 14,906.50
BRAUN INTERTEC CORPORATION 07/03/2025
0.00 8,914.00
Carciofini Company 07/03/2025
0.00 64,006.25
CEMSTONE PRODUCTS CO 07/03/2025
0.00 395.00
Chappell Central Inc 07/03/2025
0.00 896,118.70
Cleaning Solutions Services 07/03/2025
0.00 8,610.42
Colonial Life & Accident Insurance Co 07/03/2025
0.00 152.34
COMPUTER INTEGRATION TECHN. 07/03/2025
0.00 517.40
Crawford Door Sales Company 07/03/2025
0.00 13,613.50
DAYCO CONCRETE COMPANY 07/03/2025
0.00 312,169.05
Earl F Andersen Inc 07/03/2025
0.00 457.50
ECM PUBLISHERS INC 07/03/2025
0.00 918.84
Edina Heating & Cooling Inc 07/03/2025
0.00 1,459.00
EHLERS & ASSOCIATES INC 07/03/2025
0.00 1,610.00
Ferguson Waterworks #2518 07/03/2025
0.00 958.47
Fobbe Electric Inc 07/03/2025
0.00 207,100.00
GONYEA HOMES 07/03/2025
0.00 2,500.00
Grazzini Brothers & Company 07/03/2025
0.00 54,815.00
GS DIRECT INC 07/03/2025
0.00 407.45
Guard Guys, LLC 07/03/2025
0.00 167.70
HAWKINS CHEMICAL 07/03/2025
0.00 10.00
HOISINGTON KOEGLER GROUP 07/03/2025
0.00 3,680.00
Ideal Service Inc. 07/03/2025
0.00 240.00
Jeffrey Schrader 07/03/2025
0.00 58.72
Juli Al-Hilwani 07/03/2025
0.00 300.00
Page 4 of 5 60
Vendor Name Check Date Void Checks Check Amount
K2 Electrical Services Inc 07/03/2025
0.00 735.00
Kelleher Construction, Inc 07/03/2025
0.00 60,990.00
KELLINGTON CONSTRUCTION 07/03/2025
0.00 96,415.50
KIMLEY HORN AND ASSOCIATES INC 07/03/2025
0.00 67,145.07
LAKETOWN ELECTRIC CORPORATION 07/03/2025
0.00 261,250.00
LYMAN LUMBER 07/03/2025
0.00 250.86
Minnkota Architectural Products Co, Inc 07/03/2025
0.00 103,275.47
Mulcahy Nickolaus LLC 07/03/2025
0.00 481,533.61
Northern Glass & Glazing Inc 07/03/2025
0.00 90,250.00
PATCHIN MESSNER 07/03/2025
0.00 12,910.00
POMP'S TIRE SERVICE INC 07/03/2025
0.00 2,271.50
POWERPLAN OIB 07/03/2025
0.00 633.44
Pro-Tree Outdoor Services 07/03/2025
0.00 6,975.10
Ryan Contracting Company 07/03/2025
0.00 131,890.87
SEH 07/03/2025
0.00 8,770.43
Senja Inc 07/03/2025
0.00 160.00
SiteOne Landscape Supply 07/03/2025
0.00 873.51
Sports Facilities Companies LLC 07/03/2025
0.00 9,000.00
SUMMIT FIRE PROTECTION 07/03/2025
0.00 134,414.50
Swanson & Youngdale Inc 07/03/2025
0.00 5,700.00
Tammy Zywotko 07/03/2025
0.00 2,500.00
TK Elevator Corporation 07/03/2025
0.00 50,362.68
Top Line Steel Corporation 07/03/2025
0.00 32,222.10
TOWMASTER INC 07/03/2025
0.00 38,544.00
TWIN CITY HARDWARE 07/03/2025
0.00 2,105.58
USA BLUE BOOK 07/03/2025
0.00 595.25
Vehicle Response Training LLC 07/03/2025
0.00 2,436.00
WM MUELLER & SONS INC 07/03/2025
0.00 419.51
WW GRAINGER INC 07/03/2025
0.00 37.98
Zachary Wittl 07/03/2025
0.00 100.00
Report Total: 21,207.00 5,665,494.95
Page 5 of 5 61
AP
Check Detail
User: dwashburn@chanhassenmn.gov
Printed: 7/3/2025 12:24:40 PM
Last Name Acct 1 Amount Check Date Description
ADAMS PATRICIA L.701-0000-2020 14.96 6/25/2025 Refund Check 099302-000, 8521 MAYFIELD COURT
ADAMS PATRICIA L.700-0000-2020 0.79 6/25/2025 Refund Check 099302-000, 8521 MAYFIELD COURT
ADAMS PATRICIA L.700-0000-2020 11.24 6/25/2025 Refund Check 099302-000, 8521 MAYFIELD COURT
ADAMS PATRICIA L.720-0000-2020 2.90 6/25/2025 Refund Check 099302-000, 8521 MAYFIELD COURT
29.89 6/25/2025
ADAMS PATRICIA L. 29.89
Advanced Engineering & Environmental Services, LLC 701-0000-4300 2,605.50 7/3/2025 consultant support west plant and PW shop
Advanced Engineering & Environmental Services, LLC 700-0000-4300 2,605.50 7/3/2025 consultant support LS
5,211.00 7/3/2025
Advanced Engineering & Environmental Services, LLC 5,211.00
Al-Hilwani Juli 101-1530-4347 468.75 6/20/2025 Blackmun 10 Windmuller 5
468.75 6/20/2025
Al-Hilwani Juli 101-1530-4347 300.00 7/3/2025 Koestler 10 Training
300.00 7/3/2025
Al-Hilwani Juli 768.75
ALL AMERICAN TITLE COMPANY 700-0000-2020 0.31 6/25/2025 Refund Check 100792-000, 6291 BLUE JAY CIRCLE
ALL AMERICAN TITLE COMPANY 720-0000-2020 4.36 6/25/2025 Refund Check 100792-000, 6291 BLUE JAY CIRCLE
ALL AMERICAN TITLE COMPANY 700-0000-2020 7.44 6/25/2025 Refund Check 100792-000, 6291 BLUE JAY CIRCLE
ALL AMERICAN TITLE COMPANY 701-0000-2020 14.56 6/25/2025 Refund Check 100792-000, 6291 BLUE JAY CIRCLE
AP - Check Detail (7/3/2025)Page 1 of 43
62
Last Name Acct 1 Amount Check Date Description
26.67 6/25/2025
ALL AMERICAN TITLE COMPANY 26.67
American Family Life Assurance Company of Columbus 101-0000-2008 85.02 6/26/2025 June premium
85.02 6/26/2025
American Family Life Assurance Company of Columbus 85.02
American Structural Metal Inc 414-4010-4702 5,190.80 7/3/2025 Pay App #3 Civic Campus
5,190.80 7/3/2025
American Structural Metal Inc 5,190.80
AMERICAN TEST CENTER 700-0000-4530 1,225.00 6/20/2025 annual testing
AMERICAN TEST CENTER 101-1370-4530 500.00 6/20/2025 annual testing
AMERICAN TEST CENTER 101-1320-4530 520.00 6/20/2025 annual testing
AMERICAN TEST CENTER 101-1220-4530 1,151.00 6/20/2025 Ladder Testing
3,396.00 6/20/2025
AMERICAN TEST CENTER 3,396.00
ANCONA TITLE & ESCROW 700-0000-2020 5.32 6/25/2025 Refund Check 015057-000, 2117 MAJESTIC WAY
ANCONA TITLE & ESCROW 720-0000-2020 15.31 6/25/2025 Refund Check 015057-000, 2117 MAJESTIC WAY
20.63 6/25/2025
ANCONA TITLE & ESCROW 20.63
Apres, Inc.101-1613-4402 12,495.00 6/25/2025 4th of July tent payment #2
12,495.00 6/25/2025
Apres, Inc.101-1613-4402 56.00 7/3/2025 Extra tent weights 4th of July
AP - Check Detail (7/3/2025)Page 2 of 43
63
Last Name Acct 1 Amount Check Date Description
56.00 7/3/2025
Apres, Inc. 12,551.00
ARAMARK Refreshment Services, LLC 101-1120-4110 96.17 6/20/2025 Water Filter Fire Station
96.17 6/20/2025
ARAMARK Refreshment Services, LLC 96.17
Assured Asphalt Corporation 701-0000-4553 2,580.00 7/3/2025 asphalt driveway side sewer repair
2,580.00 7/3/2025
Assured Asphalt Corporation 2,580.00
Barr Engineering Company 700-7025-4300 3,687.00 7/3/2025 Well 10 & 12 Rehab Project
3,687.00 7/3/2025
Barr Engineering Company 3,687.00
BCA 101-1220-4352 32.00 6/25/2025 Background Check
32.00 6/25/2025
BCA 101-1220-4352 32.00 7/2/2025 Background check
32.00 7/2/2025
BCA 64.00
BEDDOR STEVEN 700-0000-2020 38.94 6/25/2025 Refund Check 009632-000, 1010 PLEASANT VIEW RD
BEDDOR STEVEN 720-0000-2020 55.46 6/25/2025 Refund Check 009632-000, 1010 PLEASANT VIEW RD
BEDDOR STEVEN 700-0000-2020 3.93 6/25/2025 Refund Check 009632-000, 1010 PLEASANT VIEW RD
BEDDOR STEVEN 701-0000-2020 67.45 6/25/2025 Refund Check 009632-000, 1010 PLEASANT VIEW RD
AP - Check Detail (7/3/2025)Page 3 of 43
64
Last Name Acct 1 Amount Check Date Description
165.78 6/25/2025
BEDDOR STEVEN 165.78
BENNETT THOMAS & JEANNIE 720-0000-2020 1.37 6/18/2025 UB Refund Check 911 Santa Vera Drive
BENNETT THOMAS & JEANNIE 700-0000-2020 6.29 6/18/2025 UB Refund Check 911 Santa Vera Drive
BENNETT THOMAS & JEANNIE 701-0000-2020 7.73 6/18/2025 UB Refund Check 911 Santa Vera Drive
15.39 6/18/2025
BENNETT THOMAS & JEANNIE 15.39
BENSON KAYE L 101-1539-4343 588.00 6/20/2025 Fit for Life instruction 4252.120
588.00 6/20/2025
BENSON KAYE L 588.00
BERGERSON CASWELL INC 700-7025-4751 124,960.00 7/3/2025 Well Rehab Project
124,960.00 7/3/2025
BERGERSON CASWELL INC 124,960.00
BERGS BRITTANY 720-0000-2020 18.40 6/25/2025 Refund Check 104425-000, 752 BUCKINGWOOD COURT
BERGS BRITTANY 700-0000-2020 1.30 6/25/2025 Refund Check 104425-000, 752 BUCKINGWOOD COURT
BERGS BRITTANY 700-0000-2020 12.74 6/25/2025 Refund Check 104425-000, 752 BUCKINGWOOD COURT
BERGS BRITTANY 701-0000-2020 16.94 6/25/2025 Refund Check 104425-000, 752 BUCKINGWOOD COURT
49.38 6/25/2025
BERGS BRITTANY 49.38
Blackstone Contractors, LLC 101-0000-2076 16,500.00 6/26/2025 Draintile/Swale at Glendale Homes
16,500.00 6/26/2025
AP - Check Detail (7/3/2025)Page 4 of 43
65
Last Name Acct 1 Amount Check Date Description
Blackstone Contractors, LLC 16,500.00
Boarman Kroos Vogel Group Inc 414-4010-4300 15,486.98 6/20/2025 Civic Campus A/E services
15,486.98 6/20/2025
Boarman Kroos Vogel Group Inc 416-0000-4300 51,573.84 6/26/2025 Chan Bluffs professional services
Boarman Kroos Vogel Group Inc 416-0000-4300 30,075.22 6/26/2025 Chan Bluffs professional services
81,649.06 6/26/2025
Boarman Kroos Vogel Group Inc 414-4010-4300 13,011.24 7/3/2025 Civic Campus A/E Services
13,011.24 7/3/2025
Boarman Kroos Vogel Group Inc 110,147.28
BOLTON & MENK INC 720-6048-4300 747.48 6/26/2025 Crimson Bay Imp Storm @ 7%
BOLTON & MENK INC 601-6048-4300 7,154.46 6/26/2025 Crimson Bay Imp PMP @ 67%
BOLTON & MENK INC 700-6048-4300 1,388.18 6/26/2025 Crimson Bay Imp Water @ 13%
BOLTON & MENK INC 701-6048-4300 1,388.18 6/26/2025 Crimson Bay Imp Sanitary @ 13%
10,678.30 6/26/2025
BOLTON & MENK INC 720-6053-4303 3,279.43 7/3/2025 Storm @ 22%
BOLTON & MENK INC 601-6053-4303 8,943.90 7/3/2025 PMP @ 60%
BOLTON & MENK INC 701-6053-4303 1,192.52 7/3/2025 Sanitary @ 8%
BOLTON & MENK INC 700-6053-4303 1,490.65 7/3/2025 Water @ 10%
14,906.50 7/3/2025
BOLTON & MENK INC 25,584.80
BOUND TREE MEDICAL LLC 101-1220-4142 385.03 6/26/2025 Medical supplies-narcan gloves suction
385.03 6/26/2025
BOUND TREE MEDICAL LLC 385.03
AP - Check Detail (7/3/2025)Page 5 of 43
66
Last Name Acct 1 Amount Check Date Description
Brainwave Tech Solutions Inc 701-0000-4300 78.68 6/18/2025 Consulting Services-Bhavya Bellala
Brainwave Tech Solutions Inc 700-0000-4300 78.68 6/18/2025 Consulting Services-Bhavya Bellala
Brainwave Tech Solutions Inc 700-0000-4300 576.98 6/18/2025 Consulting Services-Bhavya Bellala
Brainwave Tech Solutions Inc 101-1311-4300 288.47 6/18/2025 Consulting Services-Bhavya Bellala
Brainwave Tech Solutions Inc 720-0000-4300 576.98 6/18/2025 Consulting Services-Bhavya Bellala
Brainwave Tech Solutions Inc 720-0000-4300 78.68 6/18/2025 Consulting Services-Bhavya Bellala
Brainwave Tech Solutions Inc 101-1311-4300 2,115.45 6/18/2025 Consulting Services-Bhavya Bellala
Brainwave Tech Solutions Inc 701-0000-4300 576.98 6/18/2025 Consulting Services-Bhavya Bellala
4,370.90 6/18/2025
Brainwave Tech Solutions Inc 4,370.90
BRAUN INTERTEC CORPORATION 414-4010-4303 3,590.50 6/26/2025 Civic Campus CMT
3,590.50 6/26/2025
BRAUN INTERTEC CORPORATION 601-6040-4300 2,228.50 7/3/2025 Galpin Blvd Imp-City @ 25%
BRAUN INTERTEC CORPORATION 601-6140-4300 6,685.50 7/3/2025 Galpin Blvd Imp-County @ 75%
8,914.00 7/3/2025
BRAUN INTERTEC CORPORATION 12,504.50
BURNET TITLE 701-0000-2020 49.92 6/25/2025 Refund Check 019998-000, 3842 MEADOW COURT
BURNET TITLE 700-0000-2020 1.77 6/25/2025 Refund Check 019998-000, 3842 MEADOW COURT
BURNET TITLE 720-0000-2020 24.93 6/25/2025 Refund Check 019998-000, 3842 MEADOW COURT
BURNET TITLE 700-0000-2020 30.86 6/25/2025 Refund Check 019998-000, 3842 MEADOW COURT
BURNET TITLE 720-0000-2020 49.00 6/25/2025 Refund Check 100998-000, 3621 LANDINGS DRIVE
BURNET TITLE 700-0000-2020 26.19 6/25/2025 Refund Check 100998-000, 3621 LANDINGS DRIVE
BURNET TITLE 701-0000-2020 65.43 6/25/2025 Refund Check 100998-000, 3621 LANDINGS DRIVE
BURNET TITLE 700-0000-2020 3.47 6/25/2025 Refund Check 100998-000, 3621 LANDINGS DRIVE
BURNET TITLE 700-0000-2020 2.66 6/25/2025 Refund Check 020820-000, 8567 POWERS PLACE
BURNET TITLE 720-0000-2020 3.23 6/25/2025 Refund Check 020820-000, 8567 POWERS PLACE
BURNET TITLE 700-0000-2020 1.06 6/25/2025 Refund Check 020820-000, 8567 POWERS PLACE
BURNET TITLE 701-0000-2020 13.36 6/25/2025 Refund Check 020820-000, 8567 POWERS PLACE
271.88 6/25/2025
AP - Check Detail (7/3/2025)Page 6 of 43
67
Last Name Acct 1 Amount Check Date Description
BURNET TITLE 271.88
CAMPBELL KNUTSON 101-1140-4302 19,399.40 6/20/2025 Legal services-May 2025
19,399.40 6/20/2025
CAMPBELL KNUTSON 19,399.40
Carciofini Company 414-4010-4702 64,006.25 7/3/2025 Pay App #1 Civic Campus
64,006.25 7/3/2025
Carciofini Company 64,006.25
Carron Brent 101-1250-3306 86.75 6/26/2025 Permit Refund-7059 Highover Drive
Carron Brent 101-0000-2022 0.50 6/26/2025 Permit Refund-7059 Highover Drive
87.25 6/26/2025
Carron Brent 87.25
Carver County 101-1210-4504 1,168,966.50 6/25/2025 1st half Police Contract
Carver County 101-1210-4505 82,862.00 6/25/2025 1st half Police Contract
1,251,828.50 6/25/2025
Carver County 1,251,828.50
CARVER COUNTY LICENSE CENTER 400-4153-4704 4,058.73 6/18/2025 license & registration
4,058.73 6/18/2025
CARVER COUNTY LICENSE CENTER 4,058.73
CEMSTONE PRODUCTS CO 720-7207-4150 395.00 7/3/2025 CB repair 903 lake drive
AP - Check Detail (7/3/2025)Page 7 of 43
68
Last Name Acct 1 Amount Check Date Description
395.00 7/3/2025
CEMSTONE PRODUCTS CO 395.00
CENTERPOINT ENERGY MINNEGASCO 701-0000-4321 56.97 6/18/2025 Gas Charges
CENTERPOINT ENERGY MINNEGASCO 101-1190-4321 564.28 6/18/2025 Gas Charges
CENTERPOINT ENERGY MINNEGASCO 101-1220-4321 281.47 6/18/2025 Gas Charges
CENTERPOINT ENERGY MINNEGASCO 700-7019-4321 300.84 6/18/2025 Gas Charges
CENTERPOINT ENERGY MINNEGASCO 101-1312-4321 234.98 6/18/2025 Gas Charges
CENTERPOINT ENERGY MINNEGASCO 101-1530-4321 66.76 6/18/2025 Gas Charges
CENTERPOINT ENERGY MINNEGASCO 101-1600-4321 21.91 6/18/2025 Gas Charges
CENTERPOINT ENERGY MINNEGASCO 101-1170-4321 285.96 6/18/2025 Gas Charges
CENTERPOINT ENERGY MINNEGASCO 101-1550-4321 138.42 6/18/2025 Gas Charges
CENTERPOINT ENERGY MINNEGASCO 700-0000-4321 51.28 6/18/2025 Gas Charges
CENTERPOINT ENERGY MINNEGASCO 700-7043-4321 699.62 6/18/2025 Gas Charges
2,702.49 6/18/2025
CENTERPOINT ENERGY MINNEGASCO 2,702.49
CenturyLink 700-7043-4310 62.57 6/25/2025 Telephone & Communication Charges
62.57 6/25/2025
CENTURYLINK 101-1170-4310 800.90 7/2/2025 Telephone & Communication Charges
CENTURYLINK 700-0000-4310 6.20 7/2/2025 Telephone & Communication Charges
CENTURYLINK 701-0000-4310 15.56 7/2/2025 Telephone & Communication Charges
CENTURYLINK 101-1312-4310 49.63 7/2/2025 Telephone & Communication Charges
CENTURYLINK 700-7019-4310 216.38 7/2/2025 Telephone & Communication Charges
CENTURYLINK 101-1550-4310 31.02 7/2/2025 Telephone & Communication Charges
CENTURYLINK 701-0000-4310 6.20 7/2/2025 Telephone & Communication Charges
CENTURYLINK 700-0000-4310 15.56 7/2/2025 Telephone & Communication Charges
CENTURYLINK 101-1350-4310 31.02 7/2/2025 Telephone & Communication Charges
CENTURYLINK 101-1540-4310 62.04 7/2/2025 Telephone & Communication Charges
CENTURYLINK 101-1160-4325 250.87 7/2/2025 Telephone & Communication Charges
1,485.38 7/2/2025
AP - Check Detail (7/3/2025)Page 8 of 43
69
Last Name Acct 1 Amount Check Date Description
CENTURYLINK 1,547.95
CHAN-O-LAIRES 101-1560-4130 100.00 6/20/2025 program supplies/luncheon
100.00 6/20/2025
CHAN-O-LAIRES 100.00
Chappell Central Inc 414-4010-4702 896,118.70 7/3/2025 Pay App #8 Civic Campus
896,118.70 7/3/2025
Chappell Central Inc 896,118.70
Cintas Corporation No. 2 101-1312-4510 149.94 6/20/2025 first aid kits
Cintas Corporation No. 2 101-1550-4120 171.57 6/20/2025 Safety supplies
321.51 6/20/2025
Cintas Corporation No. 2 321.51
CITY OF CHASKA 101-1560-4349 529.74 6/20/2025 Bus Transportation
CITY OF CHASKA 101-1560-4342 664.04 6/20/2025 Admission Tickets
1,193.78 6/20/2025
CITY OF CHASKA 1,193.78
Cleaning Solutions Services 700-0000-4511 95.52 7/3/2025 Cleaning Services-June
Cleaning Solutions Services 101-1190-4511 4,190.95 7/3/2025 cleaning services-June
Cleaning Solutions Services 701-0000-4511 95.52 7/3/2025 Cleaning Services-June
Cleaning Solutions Services 101-1312-4511 764.19 7/3/2025 Cleaning Services-June
Cleaning Solutions Services 101-1170-4511 3,198.15 7/3/2025 cleaning services-June
Cleaning Solutions Services 101-1220-4511 266.09 7/3/2025 cleaning services-June
8,610.42 7/3/2025
AP - Check Detail (7/3/2025)Page 9 of 43
70
Last Name Acct 1 Amount Check Date Description
Cleaning Solutions Services 8,610.42
Colonial Life & Accident Insurance Co 700-0000-2008 106.50 7/3/2025 June premium
Colonial Life & Accident Insurance Co 701-0000-2008 45.84 7/3/2025 June premium
152.34 7/3/2025
Colonial Life & Accident Insurance Co 152.34
COMPUTER INTEGRATION TECHN.101-1160-4211 517.40 7/3/2025 Datto O365 Backup Service - July
517.40 7/3/2025
COMPUTER INTEGRATION TECHN. 517.40
Crawford Door Sales Company 414-4010-4702 13,613.50 7/3/2025 Pay App #1 Civic Campus
13,613.50 7/3/2025
Crawford Door Sales Company 13,613.50
Cyclone Construction 101-0000-2073 1,000.00 6/26/2025 Erosion escrow 1601 Lyman Blvd #511432
Cyclone Construction 101-0000-2073 7,500.00 6/26/2025 Erosion escrow 1601 Lyman Blvd #523007
8,500.00 6/26/2025
Cyclone Construction 8,500.00
Danial Reem 101-1539-4343 483.00 6/26/2025 Zumba 4253.127 and 6/11 6/18
483.00 6/26/2025
Danial Reem 483.00
DAYCO CONCRETE COMPANY 414-4010-4702 312,169.05 7/3/2025 Pay App #6 Civic Campus
AP - Check Detail (7/3/2025)Page 10 of 43
71
Last Name Acct 1 Amount Check Date Description
312,169.05 7/3/2025
DAYCO CONCRETE COMPANY 312,169.05
DEM-CON LANDFILL 101-1320-4150 2,082.58 6/20/2025 street sweeping
2,082.58 6/20/2025
DEM-CON LANDFILL 2,082.58
Doane Deirdre 101-1425-4906 150.00 6/20/2025 Tree Rebate Program- 2 trees
150.00 6/20/2025
Doane Deirdre 150.00
Dorsey and Whitney, LLP 416-0000-4300 245.50 6/26/2025 Legal fees-property acquisition
245.50 6/26/2025
Dorsey and Whitney, LLP 245.50
Earl F Andersen Inc 101-1320-4150 336.00 7/3/2025 cones
Earl F Andersen Inc 101-1320-4155 121.50 7/3/2025 channel post
457.50 7/3/2025
Earl F Andersen Inc 457.50
ECM PUBLISHERS INC 101-1110-4336 36.27 6/20/2025 Publication of ORD 745
ECM PUBLISHERS INC 101-1110-4336 32.24 6/20/2025 Publication of ORD 746
68.51 6/20/2025
ECM PUBLISHERS INC 101-1420-4336 44.33 6/26/2025 Publication of Public Hearing Planning 2025-10
ECM PUBLISHERS INC 101-1310-4336 80.60 6/26/2025 PH Frontier Trl Vacation
AP - Check Detail (7/3/2025)Page 11 of 43
72
Last Name Acct 1 Amount Check Date Description
124.93 6/26/2025
ECM PUBLISHERS INC 101-1130-4340 556.14 7/3/2025 2024 Financial Report - Pt 1
ECM PUBLISHERS INC 101-1130-4340 274.04 7/3/2025 2024 Financial Stmt Pt 2
ECM PUBLISHERS INC 101-1310-4336 88.66 7/3/2025 Sealcoat Project #25-10 Ad for Bids
918.84 7/3/2025
ECM PUBLISHERS INC 1,112.28
Edina Heating & Cooling Inc 101-1170-4510 559.00 7/3/2025 Rooftop Maintenance
Edina Heating & Cooling Inc 101-1312-4510 900.00 7/3/2025 preventative maintenance
1,459.00 7/3/2025
Edina Heating & Cooling Inc 1,459.00
EHLERS & ASSOCIATES INC 101-0000-2076 1,610.00 7/3/2025 Professional Services-Santa Vera Apartments
1,610.00 7/3/2025
EHLERS & ASSOCIATES INC 1,610.00
Engel Water Testing Inc 700-0000-4300 1,160.00 6/20/2025 month water samples
1,160.00 6/20/2025
Engel Water Testing Inc 1,160.00
EPIC EVENT RENTAL 101-1620-4345 730.30 6/20/2025 Concert Series kickoff stage
730.30 6/20/2025
EPIC EVENT RENTAL 730.30
ESQUIRE TITLE SERVICE LLC 720-0000-2020 60.72 6/18/2025 Utility Refund- 9185 Eagle Ridge Road
ESQUIRE TITLE SERVICE LLC 701-0000-2020 77.00 6/18/2025 Utility Refund- 9185 Eagle Ridge Road
AP - Check Detail (7/3/2025)Page 12 of 43
73
Last Name Acct 1 Amount Check Date Description
ESQUIRE TITLE SERVICE LLC 700-0000-2020 32.45 6/18/2025 Utility Refund- 9185 Eagle Ridge Road
170.17 6/18/2025
ESQUIRE TITLE SERVICE LLC 170.17
FACTORY MOTOR PARTS COMPANY 101-1220-4140 543.40 6/20/2025 batterys
543.40 6/20/2025
FACTORY MOTOR PARTS COMPANY 543.40
Fast Gregory 101-1620-4345 450.00 6/18/2025 6/26 Concert Series performance
450.00 6/18/2025
Fast Gregory 450.00
Ferguson Enterprises, Inc. #1657 101-1312-4510 37.99 6/20/2025 faucet repair kit
Ferguson Enterprises, Inc. #1657 101-1550-4120 89.99 6/20/2025 Lion Drinking Fountain (Repair)
127.98 6/20/2025
Ferguson Enterprises, Inc. #1657 701-0000-4551 191.24 6/26/2025 sewer repair lake Susan
191.24 6/26/2025
Ferguson Enterprises, Inc. #1657 319.22
Ferguson Waterworks #2518 700-0000-4250 549.98 6/20/2025 5/8 meters
Ferguson Waterworks #2518 700-0000-4550 296.20 6/20/2025 fire hrdrant
846.18 6/20/2025
Ferguson Waterworks #2518 701-0000-4551 267.84 6/26/2025 lake Susan side sewer repair
267.84 6/26/2025
Ferguson Waterworks #2518 700-0000-4260 529.47 7/3/2025 water tools
AP - Check Detail (7/3/2025)Page 13 of 43
74
Last Name Acct 1 Amount Check Date Description
Ferguson Waterworks #2518 700-0000-4550 429.00 7/3/2025 hydrant repair
958.47 7/3/2025
Ferguson Waterworks #2518 2,072.49
FLEX TITLE COMPANY LLC 701-0000-2020 35.74 6/25/2025 Refund Check 105114-000, 1320 STRATTON COURT
FLEX TITLE COMPANY LLC 700-0000-2020 0.93 6/25/2025 Refund Check 105114-000, 1320 STRATTON COURT
FLEX TITLE COMPANY LLC 720-0000-2020 13.08 6/25/2025 Refund Check 105114-000, 1320 STRATTON COURT
FLEX TITLE COMPANY LLC 700-0000-2020 22.33 6/25/2025 Refund Check 105114-000, 1320 STRATTON COURT
72.08 6/25/2025
FLEX TITLE COMPANY LLC 72.08
Fobbe Electric Inc 414-4010-4702 207,100.00 7/3/2025 Pay App #2 Civic Campus
207,100.00 7/3/2025
Fobbe Electric Inc 207,100.00
Gerten Greenhouse & Garden Center, Inc 101-1550-4150 1,565.00 6/26/2025 Downtown 78th islands plant replacement
1,565.00 6/26/2025
Gerten Greenhouse & Garden Center, Inc 1,565.00
GONYEA HOMES 101-0000-2072 2,500.00 7/3/2025 As Built escrow 7030 Lucy Ridge Lane #605173
2,500.00 7/3/2025
GONYEA HOMES 2,500.00
GOPHER STATE ONE-CALL INC 701-0000-4300 739.80 6/20/2025 Utility locates-May
GOPHER STATE ONE-CALL INC 700-0000-4300 739.80 6/20/2025 Utility locates-May
1,479.60 6/20/2025
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Last Name Acct 1 Amount Check Date Description
GOPHER STATE ONE-CALL INC 1,479.60
Grazzini Brothers & Company 414-4010-4702 54,815.00 7/3/2025 Pay App #5 Civic Campus
54,815.00 7/3/2025
Grazzini Brothers & Company 54,815.00
GREAT LAKES COCA-COLA DISTRIBUTION LLC 101-1540-4130 679.60 6/18/2025 Concessions Beverages - Start Up
GREAT LAKES COCA-COLA DISTRIBUTION LLC 101-1540-4130 369.60 6/18/2025 Concession Beverages - Restock
GREAT LAKES COCA-COLA DISTRIBUTION LLC 101-1540-4130 423.59 6/18/2025 Concession Beverages - Restock
1,472.79 6/18/2025
GREAT LAKES COCA-COLA DISTRIBUTION LLC 1,472.79
Great Plains Fire 201-0000-4705 322.76 6/20/2025 Structural firefighting boots
322.76 6/20/2025
Great Plains Fire 322.76
GRUIS SYDNEY & TREVOR 720-0000-2020 5.52 6/25/2025 Refund Check 101421-000, 758 STONEGATE ROAD
GRUIS SYDNEY & TREVOR 700-0000-2020 1.52 6/25/2025 Refund Check 101421-000, 758 STONEGATE ROAD
GRUIS SYDNEY & TREVOR 701-0000-2020 28.67 6/25/2025 Refund Check 101421-000, 758 STONEGATE ROAD
GRUIS SYDNEY & TREVOR 700-0000-2020 11.48 6/25/2025 Refund Check 101421-000, 758 STONEGATE ROAD
47.19 6/25/2025
GRUIS SYDNEY & TREVOR 47.19
GS DIRECT INC 101-1120-4110 407.45 7/3/2025 Plotter Supplies
407.45 7/3/2025
GS DIRECT INC 407.45
AP - Check Detail (7/3/2025)Page 15 of 43
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Last Name Acct 1 Amount Check Date Description
Guard Guys, LLC 101-1120-4352 85.00 6/26/2025 Pre-employment drug screen
85.00 6/26/2025
Guard Guys, LLC 101-1120-4352 167.70 7/3/2025 background checks
167.70 7/3/2025
Guard Guys, LLC 252.70
Hanson Curtis 101-1425-4906 150.00 6/20/2025 Tree Rebate Program- 2 trees
150.00 6/20/2025
Hanson Curtis 150.00
HAWKINS CHEMICAL 700-7043-4160 10.00 7/3/2025 1 ton chlorine cylinders
10.00 7/3/2025
HAWKINS CHEMICAL 10.00
Hayo Shai 101-1620-4345 1,600.00 6/25/2025 7/10 Concert Series performance
1,600.00 6/25/2025
Hayo Shai 1,600.00
HealthPartners, Inc.101-0000-2013 288.33 6/20/2025 Dental Insurance-July 2025
HealthPartners, Inc.701-0000-2012 4,119.74 6/20/2025 Health Insurance-July 2025
HealthPartners, Inc.101-0000-2012 3,827.79 6/20/2025 Health Insurance-July 2025
HealthPartners, Inc.700-0000-2012 6,001.18 6/20/2025 Health Insurance-July 2025
HealthPartners, Inc.101-0000-2012 64,741.53 6/20/2025 Health Insurance-July 2025
HealthPartners, Inc.720-0000-2013 96.08 6/20/2025 Dental Insurance-July 2025
HealthPartners, Inc.700-0000-2013 384.44 6/20/2025 Dental Insurance-July 2025
HealthPartners, Inc.701-0000-2013 336.40 6/20/2025 Dental Insurance-July 2025
HealthPartners, Inc.720-0000-2012 1,297.56 6/20/2025 Health Insurance-July 2025
HealthPartners, Inc.101-0000-2013 3,844.04 6/20/2025 Dental Insurance-July 2025
AP - Check Detail (7/3/2025)Page 16 of 43
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Last Name Acct 1 Amount Check Date Description
84,937.09 6/20/2025
HealthPartners, Inc. 84,937.09
HOISINGTON KOEGLER GROUP 414-4010-4303 3,680.00 7/3/2025 Civic Campus Improvements
3,680.00 7/3/2025
HOISINGTON KOEGLER GROUP 3,680.00
Hokkanen Laurie A.101-1120-4381 375.48 6/25/2025 Mileage
375.48 6/25/2025
Hokkanen Laurie A. 375.48
Houston Engineering Inc 400-0000-1155 701.50 6/26/2025 Audubon Business Park
701.50 6/26/2025
Houston Engineering Inc 701.50
Ideal Service Inc.700-0000-4550 240.00 7/3/2025 troubleshot well 13
240.00 7/3/2025
Ideal Service Inc. 240.00
Indoor Landscapes Inc 101-1170-4300 187.00 6/20/2025 plant maintenance
187.00 6/20/2025
Indoor Landscapes Inc 187.00
Infosend, Inc 700-1130-4330 888.81 6/26/2025 May Postage
Infosend, Inc 701-1130-4330 888.80 6/26/2025 May Postage
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Last Name Acct 1 Amount Check Date Description
Infosend, Inc 701-1130-4111 268.25 6/26/2025 May Statement
Infosend, Inc 700-1130-4111 268.25 6/26/2025 May Statement
Infosend, Inc 720-1130-4330 888.80 6/26/2025 May Postage
Infosend, Inc 720-1130-4111 268.25 6/26/2025 May Statement
3,471.16 6/26/2025
Infosend, Inc 3,471.16
Innovative Office Solutions LLC 101-1120-4110 113.03 6/26/2025 Paper and Post It Notes
Innovative Office Solutions LLC 101-1120-4110 57.74 6/26/2025 office supplies all pw and parks
170.77 6/26/2025
Innovative Office Solutions LLC 170.77
John Holm Inc 101-1613-4345 9,500.00 6/25/2025 July 3 Street Dance performance 2025
9,500.00 6/25/2025
John Holm Inc 9,500.00
K2 Electrical Services Inc 101-1550-4300 735.00 7/3/2025 Rec. Center parking lot light replacements
735.00 7/3/2025
K2 Electrical Services Inc 735.00
Kegley Luke 101-0000-1027 300.00 7/2/2025 4th of July - Extra Cash for Concessions
300.00 7/2/2025
Kegley Luke 300.00
Kelleher Construction, Inc 414-4010-4702 60,990.00 7/3/2025 Pay App #11 Civic Campus
60,990.00 7/3/2025
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Last Name Acct 1 Amount Check Date Description
Kelleher Construction, Inc 60,990.00
KELLINGTON CONSTRUCTION 414-4010-4702 96,415.50 7/3/2025 Pay App #7 Civic Campus
96,415.50 7/3/2025
KELLINGTON CONSTRUCTION 96,415.50
KIMLEY HORN AND ASSOCIATES INC 605-6502-4300 1,083.84 6/20/2025 TH 101 Reconstruction
1,083.84 6/20/2025
KIMLEY HORN AND ASSOCIATES INC 400-0000-1155 2,107.50 6/26/2025 Waterview Development
2,107.50 6/26/2025
KIMLEY HORN AND ASSOCIATES INC 210-0000-4300 1,305.00 7/3/2025 Metronet Support Services
KIMLEY HORN AND ASSOCIATES INC 210-0000-4300 51,890.50 7/3/2025 Comcast Support Services
KIMLEY HORN AND ASSOCIATES INC 210-0000-4300 4,099.01 7/3/2025 GigaPower Support Services
KIMLEY HORN AND ASSOCIATES INC 601-6057-4303 2,102.00 7/3/2025 Great Plains Study
KIMLEY HORN AND ASSOCIATES INC 210-0000-4300 563.92 7/3/2025 Gigapower Support Services
KIMLEY HORN AND ASSOCIATES INC 605-6502-4300 996.40 7/3/2025 TH 101 Construction
KIMLEY HORN AND ASSOCIATES INC 601-6059-4300 3,512.50 7/3/2025 Pleasant View Rd
KIMLEY HORN AND ASSOCIATES INC 601-6057-4303 2,530.74 7/3/2025 Market Blvd
KIMLEY HORN AND ASSOCIATES INC 210-0000-4300 145.00 7/3/2025 Metronet Support Services
67,145.07 7/3/2025
KIMLEY HORN AND ASSOCIATES INC 70,336.41
KINGSTON BARBARA 700-0000-2020 41.74 6/25/2025 Refund Check 013721-000, 7393 TRISTAN KNOLL
KINGSTON BARBARA 701-0000-2020 55.54 6/25/2025 Refund Check 013721-000, 7393 TRISTAN KNOLL
KINGSTON BARBARA 720-0000-2020 41.60 6/25/2025 Refund Check 013721-000, 7393 TRISTAN KNOLL
KINGSTON BARBARA 700-0000-2020 2.95 6/25/2025 Refund Check 013721-000, 7393 TRISTAN KNOLL
141.83 6/25/2025
KINGSTON BARBARA 141.83
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Last Name Acct 1 Amount Check Date Description
Kraus-Anderson Construction Company 414-4010-4702 106,439.42 6/26/2025 Civic Campus
106,439.42 6/26/2025
Kraus-Anderson Construction Company 106,439.42
KUSSKE CONSTRUCTION COMPANY 420-4229-4751 4,862.80 6/26/2025 Galpin Blvd retaining wall Improvements
4,862.80 6/26/2025
KUSSKE CONSTRUCTION COMPANY 4,862.80
Lake States Evergreen Company, LLC 101-1425-4573 188.21 6/20/2025 50 Black Hills Spruce trees
188.21 6/20/2025
Lake States Evergreen Company, LLC 188.21
LAKETOWN ELECTRIC CORPORATION 414-4010-4702 261,250.00 7/3/2025 Pay App #10 Civic Campus
261,250.00 7/3/2025
LAKETOWN ELECTRIC CORPORATION 261,250.00
Larson Megan 601-6060-4901 3,136.05 6/26/2025 Tree Replacement for #24-01 project
3,136.05 6/26/2025
Larson Megan 3,136.05
LEAGUE OF MN CITIES INS TRUST 101-1170-4483 57,200.00 6/20/2025 general liablity insurance-10002587
LEAGUE OF MN CITIES INS TRUST 101-0000-2017 58,233.00 6/20/2025 work comp premium-40003072
115,433.00 6/20/2025
LEAGUE OF MN CITIES INS TRUST 115,433.00
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Last Name Acct 1 Amount Check Date Description
Lennar 101-0000-2075 750.00 6/20/2025 Landscape Escrow - 7184 Pearl Dr
Lennar 101-0000-2075 750.00 6/20/2025 Landscape Escrow - 7148 Pearl Drive
Lennar 101-0000-2075 750.00 6/20/2025 Landscape escrow-7172 Pearl Dr
2,250.00 6/20/2025
Lennar 2,250.00
Lepper David 101-1425-4906 150.00 6/20/2025 Tree Rebate Program- 2 trees
150.00 6/20/2025
Lepper David 150.00
Lockridge Grindal Nauen P.L.L.P 101-1110-4312 3,333.33 6/20/2025 Lobbying expenses-June
3,333.33 6/20/2025
Lockridge Grindal Nauen P.L.L.P 3,333.33
LYMAN LUMBER 101-1550-4150 250.86 7/3/2025 Fishing pier board repairs
250.86 7/3/2025
LYMAN LUMBER 250.86
Maass Eric 101-1420-4381 823.52 6/25/2025 Lodging for Rachel A and Rachel J at EDAM Conference
823.52 6/25/2025
Maass Eric 823.52
Marco Inc 101-1160-4411 635.00 6/25/2025 Copier Lease
635.00 6/25/2025
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Last Name Acct 1 Amount Check Date Description
Marco Inc 635.00
Maus Kerry 101-1539-4343 780.00 6/26/2025 Line Dancing instruction
780.00 6/26/2025
Maus Kerry 780.00
MCFOA 101-1120-4360 95.00 6/18/2025 Fee for MCMC Certification
95.00 6/18/2025
MCFOA 95.00
MERLINS ACE HARDWARE 720-7207-4150 59.99 6/20/2025 Cord Reel Rope Twisted
MERLINS ACE HARDWARE 700-7019-4510 30.99 6/20/2025 Outlet 20a Fasteners
MERLINS ACE HARDWARE 700-0000-4120 18.39 6/20/2025 Chain Loop
MERLINS ACE HARDWARE 101-1370-4120 5.50 6/20/2025 Fasteners
MERLINS ACE HARDWARE 101-1120-4110 37.98 6/20/2025 Squeeges
MERLINS ACE HARDWARE 101-1550-4120 519.06 6/20/2025 Valve Chain Grass Seed Duct Tape Cleaner
MERLINS ACE HARDWARE 101-1320-4120 21.36 6/20/2025 Fasteners
MERLINS ACE HARDWARE 700-7043-4150 67.86 6/20/2025 Wire Srv Cord Connector Shovel long handle
MERLINS ACE HARDWARE 101-1320-4260 27.98 6/20/2025 Chainsaw Tool
MERLINS ACE HARDWARE 700-0000-4150 33.98 6/20/2025 Contractor Bag 55G
MERLINS ACE HARDWARE 101-1320-4150 10.18 6/20/2025 Utility Knife U Bolt
MERLINS ACE HARDWARE 701-0000-4150 12.77 6/20/2025 Plastic Foam Paintbrushes
MERLINS ACE HARDWARE 101-1550-4151 50.97 6/20/2025 Battery 4pk Cement Rain-R-Shine
897.01 6/20/2025
MERLINS ACE HARDWARE 897.01
Metro Garage Door Company 101-1312-4510 260.00 6/26/2025 PW service overhead door truck bay
260.00 6/26/2025
Metro Garage Door Company 260.00
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83
Last Name Acct 1 Amount Check Date Description
Metronet Holdings, LLC 101-1190-4310 116.35 6/18/2025 Telephone & Communication Charges
116.35 6/18/2025
Metronet Holdings, LLC 101-1190-4310 116.35 6/25/2025 Telephone & Communication Charges
116.35 6/25/2025
Metronet Holdings, LLC 232.70
METROPOLITAN COUNCIL 701-0000-4509 241,707.34 6/20/2025 Wastewater services-July
241,707.34 6/20/2025
METROPOLITAN COUNCIL 241,707.34
METROPOLITAN FORD 101-1220-4140 145.86 6/26/2025 oil separator 213
145.86 6/26/2025
METROPOLITAN FORD 145.86
Midwest Aqua Care, Inc 101-1550-4300 1,345.00 6/20/2025 Lake Weed Treatments
Midwest Aqua Care, Inc 101-1550-4300 2,745.00 6/20/2025 Lake Weed Treatments
4,090.00 6/20/2025
Midwest Aqua Care, Inc 4,090.00
Millenacker Todd 101-1613-4345 325.00 6/25/2025 July 2 performance 2025
325.00 6/25/2025
Millenacker Todd 325.00
Minnesota Equipment 101-1550-4120 258.50 6/20/2025 mirrors
AP - Check Detail (7/3/2025)Page 23 of 43
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Last Name Acct 1 Amount Check Date Description
258.50 6/20/2025
Minnesota Equipment 258.50
Minnesota Pump Works 700-7043-4550 61.00 6/26/2025 gasket for the clean water at west water treatment
Minnesota Pump Works 701-7025-4705 2,676.33 6/26/2025 update float system LS 2
2,737.33 6/26/2025
Minnesota Pump Works 2,737.33
Minnkota Architectural Products Co, Inc 414-4010-4702 103,275.47 7/3/2025 Pay App #3 Civic Campus
103,275.47 7/3/2025
Minnkota Architectural Products Co, Inc 103,275.47
MN DEPT OF HEALTH 700-0000-4509 21,184.00 6/26/2025 water supply connection fee
MN DEPT OF HEALTH 700-0000-4370 23.00 6/26/2025 Water Supply System Operator Renewal Application
21,207.00 6/26/2025
MN DEPT OF HEALTH 21,207.00
MN DEPT OF LABOR AND INDUSTRY 101-1250-3818 -42.38 6/20/2025 May 2025 Surcharge
MN DEPT OF LABOR AND INDUSTRY 101-0000-2022 2,111.61 6/20/2025 May 2025 Surcharge
2,069.23 6/20/2025
MN DEPT OF LABOR AND INDUSTRY 2,069.23
MN DEPT OF TRANSPORTATION 601-6140-4300 414.97 6/26/2025 Material/Concrete testing-County @ 75%
MN DEPT OF TRANSPORTATION 601-6040-4300 138.32 6/26/2025 Material/Concrete testing-City @ 25%
553.29 6/26/2025
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Last Name Acct 1 Amount Check Date Description
MN DEPT OF TRANSPORTATION 553.29
MN RECREATION & PARK ASSOC.101-1766-4356 175.00 6/20/2025 MRPA - USSSA Softball Sanctioning
175.00 6/20/2025
MN RECREATION & PARK ASSOC. 175.00
MN VALLEY ELECTRIC COOP 101-1350-4320 261.20 6/18/2025 Electric Charges
261.20 6/18/2025
MN VALLEY ELECTRIC COOP 101-1350-4320 123.20 6/25/2025 Electric Charges
MN VALLEY ELECTRIC COOP 101-1350-4320 43.92 6/25/2025 Electric Charges
MN VALLEY ELECTRIC COOP 101-1350-4320 130.69 6/25/2025 Electric Charges
297.81 6/25/2025
MN VALLEY ELECTRIC COOP 101-1350-4320 40.62 7/2/2025 Electric Charges
MN VALLEY ELECTRIC COOP 101-1350-4320 98.32 7/2/2025 Electric Charges
MN VALLEY ELECTRIC COOP 101-1350-4320 53.66 7/2/2025 Electric Charges
MN VALLEY ELECTRIC COOP 101-1350-4320 214.90 7/2/2025 Electric Charges
MN VALLEY ELECTRIC COOP 101-1600-4320 50.69 7/2/2025 Electric Charges
MN VALLEY ELECTRIC COOP 700-0000-4320 165.60 7/2/2025 Electric Charges
MN VALLEY ELECTRIC COOP 701-0000-4320 1,061.39 7/2/2025 Electric Charges
MN VALLEY ELECTRIC COOP 101-1350-4320 5,797.56 7/2/2025 Electric Charges
7,482.74 7/2/2025
MN VALLEY ELECTRIC COOP 8,041.75
Mulcahy Nickolaus LLC 414-4010-4702 481,533.61 7/3/2025 Pay App #7 Civic Campus
481,533.61 7/3/2025
Mulcahy Nickolaus LLC 481,533.61
Mutchler Marc S.101-1613-4345 500.00 6/25/2025 July 4 performance 2025
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Last Name Acct 1 Amount Check Date Description
500.00 6/25/2025
Mutchler Marc S. 500.00
Naab Jesse 101-1425-4906 150.00 6/20/2025 Tree Rebate Application-
150.00 6/20/2025
Naab Jesse 150.00
Naab Jesse & Andrea 101-0000-2073 1,000.00 6/26/2025 Erosion escrow 7264 Rogers Ct #593147
1,000.00 6/26/2025
Naab Jesse & Andrea 1,000.00
NAPA AUTO & TRUCK PARTS 101-1320-4120 34.74 6/20/2025 bearing
NAPA AUTO & TRUCK PARTS 101-1550-4120 113.72 6/20/2025 filters
NAPA AUTO & TRUCK PARTS 101-1220-4140 74.99 6/20/2025 filter
223.45 6/20/2025
NAPA AUTO & TRUCK PARTS 223.45
Nokomis Energy, LLC 101-1312-4320 735.58 7/2/2025 Electric Charges
Nokomis Energy, LLC 700-7019-4320 1,490.57 7/2/2025 Electric Charges
Nokomis Energy, LLC 700-0000-4320 625.41 7/2/2025 Electric Charges
Nokomis Energy, LLC 700-7043-4320 6,102.64 7/2/2025 Electric Charges
Nokomis Energy, LLC 701-0000-4320 91.95 7/2/2025 Electric Charges
9,046.15 7/2/2025
Nokomis Energy, LLC 9,046.15
NORMAN CHERYL & KENNETH 720-0000-2020 2.00 6/25/2025 Refund Check 096987-000, 1952 ANDREW COURT
NORMAN CHERYL & KENNETH 700-0000-2020 0.83 6/25/2025 Refund Check 096987-000, 1952 ANDREW COURT
NORMAN CHERYL & KENNETH 701-0000-2020 23.27 6/25/2025 Refund Check 096987-000, 1952 ANDREW COURT
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Last Name Acct 1 Amount Check Date Description
NORMAN CHERYL & KENNETH 700-0000-2020 7.99 6/25/2025 Refund Check 096987-000, 1952 ANDREW COURT
34.09 6/25/2025
NORMAN CHERYL & KENNETH 34.09
Northern Glass & Glazing Inc 414-4010-4702 90,250.00 7/3/2025 Pay App #2 Civic Campus
90,250.00 7/3/2025
Northern Glass & Glazing Inc 90,250.00
NOVEL SOLAR THREE, LLC 700-0000-4320 6,648.30 6/18/2025 Electric Charges
NOVEL SOLAR THREE, LLC 101-1350-4320 138.93 6/18/2025 Electric Charges
NOVEL SOLAR THREE, LLC 701-0000-4320 3,648.21 6/18/2025 Electric Charges
10,435.44 6/18/2025
NOVEL SOLAR THREE, LLC 10,435.44
NvoicePay 101-1130-4300 702.90 6/20/2025 Payment processing-May
702.90 6/20/2025
NvoicePay 702.90
NYSTROM PUBLISHING COMPANY INC 101-1613-4340 4,930.16 6/26/2025 4th of July magazine 2025
4,930.16 6/26/2025
NYSTROM PUBLISHING COMPANY INC 4,930.16
O'CONNOR DANIEL & KATHRYN 701-0000-2020 1.33 6/25/2025 Refund Check 008881-000, 7124 NORTHWOOD COURT
O'CONNOR DANIEL & KATHRYN 720-0000-2020 3.76 6/25/2025 Refund Check 008881-000, 7124 NORTHWOOD COURT
5.09 6/25/2025
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Last Name Acct 1 Amount Check Date Description
O'CONNOR DANIEL & KATHRYN 5.09
Olson Payton 720-0000-4370 225.00 7/2/2025 Training for Erosion Control Inspection-Payton Olson
225.00 7/2/2025
Olson Payton 225.00
OTTO ASSOCIATES 101-1310-4303 1,033.25 6/20/2025 #23-02 Vacate ROW along Dogwood Rd/78th St
1,033.25 6/20/2025
OTTO ASSOCIATES 1,033.25
Owens D. Milton 101-1620-4345 600.00 6/18/2025 6/19 Concert Series performance
600.00 6/18/2025
Owens D. Milton 600.00
PATCHIN MESSNER 101-1120-4300 3,500.00 6/26/2025 Property Value Appraisal-NW Corner HWY 101 & Lyman Blvd
3,500.00 6/26/2025
PATCHIN MESSNER 601-6057-4701 12,910.00 7/3/2025 Property Value Appraisal-Market Blvd & Laredo Dr
12,910.00 7/3/2025
PATCHIN MESSNER 16,410.00
PHARIS SCOTT 700-0000-2020 1.32 6/25/2025 Refund Check 007960-000, 1815 VALLEY RIDGE TR S
PHARIS SCOTT 701-0000-2020 36.91 6/25/2025 Refund Check 007960-000, 1815 VALLEY RIDGE TR S
PHARIS SCOTT 720-0000-2020 18.70 6/25/2025 Refund Check 007960-000, 1815 VALLEY RIDGE TR S
PHARIS SCOTT 700-0000-2020 16.20 6/25/2025 Refund Check 007960-000, 1815 VALLEY RIDGE TR S
73.13 6/25/2025
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Last Name Acct 1 Amount Check Date Description
PHARIS SCOTT 73.13
Pinnacle Pest Control 700-0000-4510 290.00 6/26/2025 pest control
Pinnacle Pest Control 101-1170-4510 200.00 6/26/2025 pest control
Pinnacle Pest Control 101-1550-4510 160.00 6/26/2025 pest control
Pinnacle Pest Control 101-1530-4510 80.00 6/26/2025 pest control
730.00 6/26/2025
Pinnacle Pest Control 730.00
POMP'S TIRE SERVICE INC 101-1320-4140 610.60 7/3/2025 tires
POMP'S TIRE SERVICE INC 101-1320-4140 270.00 7/3/2025 paint wheels
POMP'S TIRE SERVICE INC 101-1320-4140 1,390.90 7/3/2025 tires
2,271.50 7/3/2025
POMP'S TIRE SERVICE INC 2,271.50
POWERPLAN OIB 101-1320-4120 -50.00 6/26/2025 water pump core return
POWERPLAN OIB 101-1320-4120 106.86 6/26/2025 clutch switch
56.86 6/26/2025
POWERPLAN OIB 101-1320-4120 633.44 7/3/2025 chipper parts
633.44 7/3/2025
POWERPLAN OIB 690.30
Precision Driving Center 101-1560-4343 612.00 6/20/2025 Driver Safety Class instructor fees
Precision Driving Center 101-1560-4343 747.00 6/20/2025 Driver Safety Class instructor fees
1,359.00 6/20/2025
Precision Driving Center 1,359.00
Premium Waters, Inc 101-1550-4120 4.38 6/20/2025 Lake Ann Water
AP - Check Detail (7/3/2025)Page 29 of 43
90
Last Name Acct 1 Amount Check Date Description
Premium Waters, Inc 101-1550-4120 46.67 6/20/2025 Lake Ann Water
51.05 6/20/2025
Premium Waters, Inc 51.05
Prescott Scott 101-1620-4345 200.00 7/2/2025 7/17 Concert Series performance
200.00 7/2/2025
Prescott Scott 200.00
Pro-Tree Outdoor Services 101-1550-4359 72.00 6/20/2025 LC Per MN Statute 471.425
Pro-Tree Outdoor Services 101-1550-4571 2,400.00 6/20/2025 Tree pruning on property line
Pro-Tree Outdoor Services 101-1550-4359 19.35 6/20/2025 LC Per MN Statute 471.425
Pro-Tree Outdoor Services 101-1550-4572 1,290.00 6/20/2025 Ash tree removal in ROW
Pro-Tree Outdoor Services 101-1550-4572 660.00 6/20/2025 Elm tree removal
Pro-Tree Outdoor Services 101-1550-4572 660.00 6/20/2025 Boxelder Tree Removal
Pro-Tree Outdoor Services 101-1550-4572 3,120.00 6/20/2025 Boxelder removal
Pro-Tree Outdoor Services 101-1550-4359 46.80 6/20/2025 LC Per MN Statute 471.425
Pro-Tree Outdoor Services 101-1550-4571 660.00 6/20/2025 Red oak pruning
8,928.15 6/20/2025
Pro-Tree Outdoor Services 601-6048-4300 32,430.00 6/26/2025 Tree Removal for Crimson Bay Rd project
32,430.00 6/26/2025
Pro-Tree Outdoor Services 101-1550-4572 1,290.00 7/3/2025 Tree Removal- 6614 Horseshoe Curve
Pro-Tree Outdoor Services 101-1420-4359 38.70 7/3/2025 Late Fee per MN Statute 471.425
Pro-Tree Outdoor Services 101-1550-4572 4,986.40 7/3/2025 Tree Removal- 760 Carver Beach Rd.
Pro-Tree Outdoor Services 101-1550-4572 660.00 7/3/2025 Ash Tree Removal- 6681 Galpin Blvd.
6,975.10 7/3/2025
Pro-Tree Outdoor Services 48,333.25
Rain for Rent 701-0000-4405 5,365.34 6/20/2025 FOG disposal/ rental box
AP - Check Detail (7/3/2025)Page 30 of 43
91
Last Name Acct 1 Amount Check Date Description
5,365.34 6/20/2025
Rain for Rent 5,365.34
Ready Watt Electric 101-1220-4533 4,905.00 6/20/2025 Annual Maintenance on City Sirens
4,905.00 6/20/2025
Ready Watt Electric 4,905.00
RIEGER BRIAN & COURTNEY 700-0000-2020 2.06 6/25/2025 Refund Check 103390-000, 729 MAGGIE WAY
RIEGER BRIAN & COURTNEY 720-0000-2020 7.50 6/25/2025 Refund Check 103390-000, 729 MAGGIE WAY
RIEGER BRIAN & COURTNEY 701-0000-2020 32.25 6/25/2025 Refund Check 103390-000, 729 MAGGIE WAY
RIEGER BRIAN & COURTNEY 700-0000-2020 27.82 6/25/2025 Refund Check 103390-000, 729 MAGGIE WAY
69.63 6/25/2025
RIEGER BRIAN & COURTNEY 69.63
Ryan Contracting Company 601-6053-4751 55,890.87 7/3/2025 2025 Pavement Rehab-PMP
Ryan Contracting Company 700-6053-4751 76,000.00 7/3/2025 2025 Pavement Rehab-Water
131,890.87 7/3/2025
Ryan Contracting Company 131,890.87
Safe-Fast, Inc.101-1320-4240 39.96 6/20/2025 hard hat
39.96 6/20/2025
Safe-Fast, Inc. 39.96
Scanlon Paul 101-1425-4906 150.00 6/20/2025 Tree Rebate Application- 2 trees
150.00 6/20/2025
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Last Name Acct 1 Amount Check Date Description
Scanlon Paul 150.00
Schrader Jeffrey 101-1766-4341 58.72 7/3/2025 Softball Umpire Payment - 2 Games
58.72 7/3/2025
Schrader Jeffrey 58.72
SCOTT NELSON COACHING INC 101-1220-4370 1,200.00 6/20/2025 Leadership coaching sessions
1,200.00 6/20/2025
SCOTT NELSON COACHING INC 1,200.00
SEH 410-4410-4300 8,770.43 7/3/2025 Lake Ann Park Preserve
8,770.43 7/3/2025
SEH 8,770.43
Senja Inc 101-1539-4343 160.00 7/3/2025 Tai Chi Instruction
160.00 7/3/2025
Senja Inc 160.00
SHERWIN WILLIAMS 701-0000-4150 174.16 6/20/2025 Lift station 24 paint
174.16 6/20/2025
SHERWIN WILLIAMS 174.16
Shwaders Landscaping 101-0000-2073 1,000.00 6/26/2025 Erosion escrow 1601 Lyman Blvd #539381
1,000.00 6/26/2025
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93
Last Name Acct 1 Amount Check Date Description
Shwaders Landscaping 1,000.00
SiteOne Landscape Supply 701-0000-4551 28.68 6/26/2025 lake susan park sidesewer/lateral repair
SiteOne Landscape Supply 701-0000-4150 28.68 6/26/2025 topsoil for sewer repair
SiteOne Landscape Supply 701-0000-4150 57.35 6/26/2025 topsoil for sewer repair
SiteOne Landscape Supply 101-1550-4151 26.48 6/26/2025 PVC Pipe (City Center repair)
SiteOne Landscape Supply 101-1550-4150 1,401.30 6/26/2025 Goose Repellent (Restock)
1,542.49 6/26/2025
SiteOne Landscape Supply 101-1550-4151 816.16 7/3/2025 Sprinkler Heads (Restock)
SiteOne Landscape Supply 700-0000-4150 57.35 7/3/2025 topsoil
873.51 7/3/2025
SiteOne Landscape Supply 2,416.00
Skubic Robert 101-1425-4906 119.98 6/20/2025 Tree Rebate- 2 trees
119.98 6/20/2025
Skubic Robert 119.98
Sports Facilities Companies LLC 416-0000-4300 15,000.00 6/26/2025 Advisory contract-Chan Bluffs
Sports Facilities Companies LLC 416-0000-4300 245.64 6/26/2025 Travel expenses-Dylan Lowdermilk
15,245.64 6/26/2025
Sports Facilities Companies LLC 416-0000-4300 9,000.00 7/3/2025 Advisory contract-Chan Bluffs
9,000.00 7/3/2025
Sports Facilities Companies LLC 24,245.64
Springer Annie 101-0000-1027 275.00 6/25/2025 Kiddie Games change 2025
275.00 6/25/2025
AP - Check Detail (7/3/2025)Page 33 of 43
94
Last Name Acct 1 Amount Check Date Description
Springer Annie 275.00
Sr Mechanical 402-1220-4702 21,750.00 6/20/2025 CIP #MBFire_Fire Station RTU replacement
21,750.00 6/20/2025
Sr Mechanical 21,750.00
SRF CONSULTING GROUP INC 601-6058-4303 3,855.06 6/20/2025 TH41/MMSW Roundabout
3,855.06 6/20/2025
SRF CONSULTING GROUP INC 3,855.06
Storms Welding & Mfg, Inc.101-1320-4120 91.50 6/20/2025 bucket truck certified weld
91.50 6/20/2025
Storms Welding & Mfg, Inc. 91.50
SUMMIT FIRE PROTECTION 101-1170-4510 386.00 6/26/2025 City Hall fire alarm monitoring
SUMMIT FIRE PROTECTION 101-1312-4510 623.00 6/26/2025 PW fire alarm monitoring
SUMMIT FIRE PROTECTION 700-7019-4510 623.00 6/26/2025 EWTP fire alarm monitoring
SUMMIT FIRE PROTECTION 101-1220-4510 623.00 6/26/2025 Fire Station fire alarm monitoring
2,255.00 6/26/2025
SUMMIT FIRE PROTECTION 101-1190-4510 485.00 7/3/2025 Library fire alarm monitoring
SUMMIT FIRE PROTECTION 414-4010-4702 133,047.50 7/3/2025 Pay App #3 Civic Campus
SUMMIT FIRE PROTECTION 101-1550-4510 579.00 7/3/2025 Lake Ann Park Shed fire alarm monitoring
SUMMIT FIRE PROTECTION 101-1550-4510 303.00 7/3/2025 Lake Ann Pavillion fire alarm monitoring
134,414.50 7/3/2025
SUMMIT FIRE PROTECTION 136,669.50
Swanson & Youngdale Inc 414-4010-4702 5,700.00 7/3/2025 Pay App #5 Civic Campus
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95
Last Name Acct 1 Amount Check Date Description
5,700.00 7/3/2025
Swanson & Youngdale Inc 5,700.00
Thiele Cheryl 101-1550-4573 150.00 6/20/2025 Tree Rebate Program- 2 trees
150.00 6/20/2025
Thiele Cheryl 150.00
Thorn Brett 101-1425-4906 150.00 6/20/2025 Tree Rebate- 2 Trees
150.00 6/20/2025
Thorn Brett 150.00
Thrive Consultancy, LLC 101-1420-4300 9,750.00 6/20/2025 Interim CD Director contract
9,750.00 6/20/2025
Thrive Consultancy, LLC 9,750.00
TimeSaver Off Site Secretarial, Inc 101-1125-4300 212.50 6/20/2025 City Council Meeting minutes 5.12.25
TimeSaver Off Site Secretarial, Inc 101-1125-4300 172.00 6/20/2025 Planning Commission minutes 5.20.25
TimeSaver Off Site Secretarial, Inc 101-1125-4300 172.00 6/20/2025 City Council Meeting minutes 5.19.25
TimeSaver Off Site Secretarial, Inc 101-1125-4300 212.50 6/20/2025 Park and Rec Minutes
TimeSaver Off Site Secretarial, Inc 101-1125-4300 172.00 6/20/2025 Planning Commission Minutes
TimeSaver Off Site Secretarial, Inc 101-1125-4300 172.00 6/20/2025 City Council Mintues
1,113.00 6/20/2025
TimeSaver Off Site Secretarial, Inc 1,113.00
TITLE CHOICE LLC 700-0000-2020 5.85 6/25/2025 Refund Check 104879-000, 719 MAGGIE WAY
TITLE CHOICE LLC 701-0000-2020 4.69 6/25/2025 Refund Check 104879-000, 719 MAGGIE WAY
TITLE CHOICE LLC 700-0000-2020 0.59 6/25/2025 Refund Check 104879-000, 719 MAGGIE WAY
TITLE CHOICE LLC 720-0000-2020 2.18 6/25/2025 Refund Check 104879-000, 719 MAGGIE WAY
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96
Last Name Acct 1 Amount Check Date Description
13.31 6/25/2025
TITLE CHOICE LLC 13.31
TITLESMART INC 700-0000-2020 4.44 6/25/2025 Refund Check 100233-000, 7875 HARVEST LANE
TITLESMART INC 700-0000-2020 0.41 6/25/2025 Refund Check 100233-000, 7875 HARVEST LANE
TITLESMART INC 720-0000-2020 0.50 6/25/2025 Refund Check 100233-000, 7875 HARVEST LANE
TITLESMART INC 701-0000-2020 7.70 6/25/2025 Refund Check 100233-000, 7875 HARVEST LANE
13.05 6/25/2025
TITLESMART INC 13.05
TK Elevator Corporation 414-4010-4702 50,362.68 7/3/2025 Pay App #2 Civic Campus
50,362.68 7/3/2025
TK Elevator Corporation 50,362.68
Top Line Steel Corporation 414-4010-4702 32,222.10 7/3/2025 Pay App #7 Civic Campus
32,222.10 7/3/2025
Top Line Steel Corporation 32,222.10
TOWMASTER INC 400-0000-4704 38,544.00 7/3/2025 #406 new truck box and sander
38,544.00 7/3/2025
TOWMASTER INC 38,544.00
Triethart DeeAnn 101-1120-4110 59.63 6/25/2025 Plates & Forks
59.63 6/25/2025
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97
Last Name Acct 1 Amount Check Date Description
Triethart DeeAnn 59.63
TWIN CITIES & WESTERN RR CO 700-0000-4509 869.04 6/26/2025 Annual Fee for Utility Crossing #438.6-20050601
869.04 6/26/2025
TWIN CITIES & WESTERN RR CO 869.04
TWIN CITY HARDWARE 414-4010-4702 2,105.58 7/3/2025 Pay App #3 Civic Campus
2,105.58 7/3/2025
TWIN CITY HARDWARE 2,105.58
Unmacht Matt 101-1120-4381 296.96 6/18/2025 Flight to Tampa and return
296.96 6/18/2025
Unmacht Matt 296.96
US Home Corporation 101-0000-2075 750.00 6/20/2025 Landscape Escrow - 2190 Paisley Path
US Home Corporation 101-0000-2075 750.00 6/20/2025 Landscape Escrow - 7124 Pearl Dr
US Home Corporation 101-0000-2075 750.00 6/20/2025 Landscape Escrow - 7205 Purple Pkwy
US Home Corporation 101-0000-2075 750.00 6/20/2025 Landscape Escrow - 1939 Visionary Ct
US Home Corporation 101-0000-2075 750.00 6/20/2025 Landscape Escrow - 7160 Pearl Dr
US Home Corporation 101-0000-2075 750.00 6/20/2025 Landscape Escrow - 7113 Pearl Dr
4,500.00 6/20/2025
US Home Corporation 4,500.00
USA BLUE BOOK 700-0000-4550 596.64 6/20/2025 hydrant supplies
596.64 6/20/2025
USA BLUE BOOK 700-7043-4550 3,529.32 6/26/2025 pumps for chemicals
USA BLUE BOOK 700-7019-4160 575.16 6/26/2025 chemicals supplies
USA BLUE BOOK 700-7043-4550 465.71 6/26/2025 transmitter for west plant
AP - Check Detail (7/3/2025)Page 37 of 43
98
Last Name Acct 1 Amount Check Date Description
USA BLUE BOOK 700-7019-4550 465.71 6/26/2025 transmitter for east plant
5,035.90 6/26/2025
USA BLUE BOOK 700-7043-4160 595.25 7/3/2025 chemicals supplies
595.25 7/3/2025
USA BLUE BOOK 6,227.79
VALLEY-RICH CO INC 700-0000-4552 8,750.18 6/20/2025 curb box leak 8715 chanhassen hill dr
VALLEY-RICH CO INC 700-0000-4552 6,969.00 6/20/2025 water main break 7025 Cheyenne trail
15,719.18 6/20/2025
VALLEY-RICH CO INC 15,719.18
VEASAW JAMES & KARI 701-0000-2020 17.89 6/25/2025 Refund Check 095870-000, 2012 BLUE SAGE LANE E
VEASAW JAMES & KARI 700-0000-2020 17.38 6/25/2025 Refund Check 095870-000, 2012 BLUE SAGE LANE E
VEASAW JAMES & KARI 700-0000-2020 1.30 6/25/2025 Refund Check 095870-000, 2012 BLUE SAGE LANE E
VEASAW JAMES & KARI 720-0000-2020 2.38 6/25/2025 Refund Check 095870-000, 2012 BLUE SAGE LANE E
38.95 6/25/2025
VEASAW JAMES & KARI 38.95
Vehicle Response Training LLC 101-1220-4359 36.00 7/3/2025 Late Fee per MN Statute 471.425
Vehicle Response Training LLC 101-1220-4120 2,400.00 7/3/2025 EV Fire Blanket
2,436.00 7/3/2025
Vehicle Response Training LLC 2,436.00
VERIZON WIRELESS 101-1220-4310 756.52 6/25/2025 Telephone & Communication Charges
VERIZON WIRELESS 101-1312-4310 129.17 6/25/2025 Telephone & Communication Charges
VERIZON WIRELESS 101-1420-4310 190.58 6/25/2025 Telephone & Communication Charges
VERIZON WIRELESS 101-1320-4310 278.91 6/25/2025 Telephone & Communication Charges
VERIZON WIRELESS 101-1110-4310 40.01 6/25/2025 Telephone & Communication Charges
VERIZON WIRELESS 101-1310-4310 277.97 6/25/2025 Telephone & Communication Charges
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99
Last Name Acct 1 Amount Check Date Description
VERIZON WIRELESS 700-0000-4310 511.40 6/25/2025 Telephone & Communication Charges
VERIZON WIRELESS 701-0000-4310 95.08 6/25/2025 Telephone & Communication Charges
VERIZON WIRELESS 700-0000-4310 95.08 6/25/2025 Telephone & Communication Charges
VERIZON WIRELESS 101-1550-4310 593.42 6/25/2025 Telephone & Communication Charges
VERIZON WIRELESS 101-1160-4310 139.17 6/25/2025 Telephone & Communication Charges
VERIZON WIRELESS 101-1170-4310 87.78 6/25/2025 Telephone & Communication Charges
VERIZON WIRELESS 101-1540-4310 40.01 6/25/2025 Telephone & Communication Charges
VERIZON WIRELESS 101-1600-4310 250.62 6/25/2025 Telephone & Communication Charges
VERIZON WIRELESS 101-1530-4310 41.39 6/25/2025 Telephone & Communication Charges
VERIZON WIRELESS 101-1120-4310 137.81 6/25/2025 Telephone & Communication Charges
VERIZON WIRELESS 101-1250-4310 312.05 6/25/2025 Telephone & Communication Charges
VERIZON WIRELESS 101-1520-4310 52.16 6/25/2025 Telephone & Communication Charges
VERIZON WIRELESS 101-1370-4310 107.07 6/25/2025 Telephone & Communication Charges
VERIZON WIRELESS 701-0000-4310 366.33 6/25/2025 Telephone & Communication Charges
VERIZON WIRELESS 720-0000-4310 219.13 6/25/2025 Telephone & Communication Charges
4,721.66 6/25/2025
VERIZON WIRELESS 4,721.66
Villalva Michael Edward John 101-1613-4345 700.00 6/25/2025 July 3 performance 2025
700.00 6/25/2025
Villalva Michael Edward John 700.00
VOLUNTEER FIREFIGHTERS BENEFIT ASSOC OF MINN 101-1220-4352 1,463.00 6/18/2025 FF Benefit for Injury/Illness
1,463.00 6/18/2025
VOLUNTEER FIREFIGHTERS BENEFIT ASSOC OF MINN 1,463.00
W.L. Hall Co.101-1530-4510 603.75 6/20/2025 Wall repair
603.75 6/20/2025
W.L. Hall Co. 603.75
Waste Management of Minnesota, Inc 101-1220-4329 117.58 6/20/2025 Garbage Service-June
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Last Name Acct 1 Amount Check Date Description
Waste Management of Minnesota, Inc 700-0000-4329 18.81 6/20/2025 Garbage Service-June
Waste Management of Minnesota, Inc 101-1190-4329 396.59 6/20/2025 Garbage Service-June
Waste Management of Minnesota, Inc 101-1550-4329 713.40 6/20/2025 Garbage Service-June
Waste Management of Minnesota, Inc 101-1312-4329 150.53 6/20/2025 Garbage Service-June
Waste Management of Minnesota, Inc 101-1170-4329 459.03 6/20/2025 Garbage service-June
Waste Management of Minnesota, Inc 701-0000-4329 18.81 6/20/2025 Garbage Service-June
1,874.75 6/20/2025
Waste Management of Minnesota, Inc 1,874.75
WATERMARK TITLE AGENCY 701-0000-2020 48.40 6/25/2025 Refund Check 098214-000, 4100 LAKERIDGE ROAD
WATERMARK TITLE AGENCY 700-0000-2020 25.30 6/25/2025 Refund Check 098214-000, 4100 LAKERIDGE ROAD
WATERMARK TITLE AGENCY 700-0000-2020 0.64 6/25/2025 Refund Check 098214-000, 4100 LAKERIDGE ROAD
WATERMARK TITLE AGENCY 720-0000-2020 9.07 6/25/2025 Refund Check 098214-000, 4100 LAKERIDGE ROAD
83.41 6/25/2025
WATERMARK TITLE AGENCY 83.41
WERK TROY & JOANN 720-0000-2020 2.20 6/25/2025 Refund Check 101656-000, 7510 FAWN HILL ROAD
WERK TROY & JOANN 700-0000-2020 3.25 6/25/2025 Refund Check 101656-000, 7510 FAWN HILL ROAD
WERK TROY & JOANN 701-0000-2020 5.88 6/25/2025 Refund Check 101656-000, 7510 FAWN HILL ROAD
WERK TROY & JOANN 700-0000-2020 0.16 6/25/2025 Refund Check 101656-000, 7510 FAWN HILL ROAD
11.49 6/25/2025
WERK TROY & JOANN 11.49
WHALEN ALAN M.700-0000-2020 0.42 6/25/2025 Refund Check 104250-000, 2063 BLUE SAGE LANE W
WHALEN ALAN M.700-0000-2020 17.04 6/25/2025 Refund Check 104250-000, 2063 BLUE SAGE LANE W
WHALEN ALAN M.701-0000-2020 25.12 6/25/2025 Refund Check 104250-000, 2063 BLUE SAGE LANE W
WHALEN ALAN M.720-0000-2020 0.52 6/25/2025 Refund Check 104250-000, 2063 BLUE SAGE LANE W
43.10 6/25/2025
WHALEN ALAN M. 43.10
Wittl Zachary 700-7204-4901 100.00 7/3/2025 Water Wise Rebate- Clothes Washer
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101
Last Name Acct 1 Amount Check Date Description
100.00 7/3/2025
Wittl Zachary 100.00
WM MUELLER & SONS INC 101-1320-4150 267.04 6/20/2025 granite rock
WM MUELLER & SONS INC 700-0000-4150 389.07 6/20/2025 sand for backfill
WM MUELLER & SONS INC 700-0000-4550 680.61 6/20/2025 asphalt for water repair
1,336.72 6/20/2025
WM MUELLER & SONS INC 700-0000-4150 748.23 6/26/2025 asphalt for water repair
WM MUELLER & SONS INC 700-0000-4150 94.82 6/26/2025 water repair
843.05 6/26/2025
WM MUELLER & SONS INC 101-1320-4157 419.51 7/3/2025 pothole patching
419.51 7/3/2025
WM MUELLER & SONS INC 2,599.28
WSB & ASSOCIATES INC 416-0000-4303 1,853.00 6/20/2025 Chan Bluffs Community Center Platting
WSB & ASSOCIATES INC 101-1311-4229 1,140.00 6/20/2025 Datafi Subscription
WSB & ASSOCIATES INC 700-0000-4300 4,146.50 6/20/2025 EWTP Biological Water Treatment Pilot Study
WSB & ASSOCIATES INC 101-1311-4306 372.50 6/20/2025 GIS Support Services
7,512.00 6/20/2025
WSB & ASSOCIATES INC 720-7025-4300 626.00 6/26/2025 2023 Pond Maintenance Project
WSB & ASSOCIATES INC 720-7025-4300 5,430.75 6/26/2025 2024 Pond Maintenance Project
WSB & ASSOCIATES INC 720-0000-4300 1,060.00 6/26/2025 Water Resources Support Services
WSB & ASSOCIATES INC 720-0000-4300 360.00 6/26/2025 WCA Support Services
WSB & ASSOCIATES INC 720-0000-4300 1,980.00 6/26/2025 WCA Support Services
WSB & ASSOCIATES INC 720-7025-4300 4,591.00 6/26/2025 2024 Pond Maintenance Project
WSB & ASSOCIATES INC 720-7025-4300 262.00 6/26/2025 2023 Pond Maintenance Project
WSB & ASSOCIATES INC 720-0000-4300 3,999.25 6/26/2025 Water Resources Support Services
18,309.00 6/26/2025
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102
Last Name Acct 1 Amount Check Date Description
WSB & ASSOCIATES INC 25,821.00
WW GRAINGER INC 101-1550-4510 37.98 7/3/2025 Lake Susan restroom signage
37.98 7/3/2025
WW GRAINGER INC 37.98
XCEL ENERGY INC 700-0000-4320 1,783.64 6/18/2025 Electric Charges
XCEL ENERGY INC 101-1550-4320 -90.61 6/18/2025 Electric Charges
XCEL ENERGY INC 101-1540-4320 4,987.07 6/18/2025 Electric Charges
XCEL ENERGY INC 101-1600-4320 487.78 6/18/2025 Electric Charges
7,167.88 6/18/2025
XCEL ENERGY INC 700-7043-4320 -631.97 6/25/2025 Electric Charges
XCEL ENERGY INC 700-0000-4320 9,587.26 6/25/2025 Electric Charges
XCEL ENERGY INC 101-1170-4320 30.55 6/25/2025 Electric Charges
XCEL ENERGY INC 101-1220-4320 1,033.39 6/25/2025 Electric Charges
XCEL ENERGY INC 101-1190-4320 770.07 6/25/2025 Electric Charges
XCEL ENERGY INC 701-0000-4320 -29.12 6/25/2025 Electric Charges
XCEL ENERGY INC 101-1120-1193 75.26 6/25/2025 Electric Charges
XCEL ENERGY INC 700-7043-4320 1,578.93 6/25/2025 Electric Charges
XCEL ENERGY INC 101-1600-4320 34.33 6/25/2025 Electric Charges
XCEL ENERGY INC 700-7019-4320 3,915.31 6/25/2025 Electric Charges
XCEL ENERGY INC 700-0000-4320 100.83 6/25/2025 Electric Charges
XCEL ENERGY INC 700-0000-4320 -29.12 6/25/2025 Electric Charges
XCEL ENERGY INC 101-1312-4320 -232.94 6/25/2025 Electric Charges
16,202.78 6/25/2025
XCEL ENERGY INC 101-1600-4320 102.88 7/2/2025 Electric Charges
102.88 7/2/2025
XCEL ENERGY INC 23,473.54
Zywotko Tammy 101-0000-2072 2,500.00 7/3/2025 As built escrow 6681 Galpin Blvd #650259
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Last Name Acct 1 Amount Check Date Description
2,500.00 7/3/2025
Zywotko Tammy 2,500.00
5,665,494.95
AP - Check Detail (7/3/2025)Page 43 of 43
104
City Council Item
July 14, 2025
Item Approve Temporary Modification of the Licensed Premises to serve Beer in the
Hackamore Brewing Company Parking Lot Area
File No.Item No: D.4
Agenda Section CONSENT AGENDA
Prepared By Jenny Potter, City Clerk
Reviewed By Laurie Hokkanen
SUGGESTED ACTION
“The Chanhassen City Council approves a temporary modification to the licensed premises of
Hackamore Brewing Company to include the parking lot area on the east side of the building as
shown in the attached map, for the purpose of serving beer during their special events."
Motion Type Simple Majority Vote of members present
Strategic
Priority N/A
SUMMARY
Hackamore Brewing Company has submitted an application to host several special events this year.
They will be on July 19, August 9 & 16, September 20 & 27, 2025. As part of the events, the Brewery is
requesting the expansion of their licensed premises to include the parking lot area on the east side of the
building. City Council approval is required for this request. The Brewery must still submit applications
for temporary events to the city for each event.
BACKGROUND
Hackamore Brewing Company currently holds a Brewer off-sale and an on-sale and Sunday Brewer
Taproom liquor license. In order to provide an outdoor area for the special events to serve alcohol in the
parking lot, Hackamore Brewing Company is requesting that the City Council grant a temporary
modification to expand the licensed premises to include the east parking lot area as shown in the
105
attached map for July 19, August 9 & 16, September 20 & 27, 2025.
DISCUSSION
In order to expand liquor service beyond the current licensed premises to include the east parking lot,
Hackamore Brewing Company is requesting the City Council grant a temporary modification to the
licensed premises to include the east parking lot as shown on the attached map with the following
conditions:
1. The applicant must apply for and receive a permit through the temporary outdoor event ordinance
from the City for the expanded seating area.
2. The applicant must provide a specific diagram of the area in which the temporary modification to
the licensed premises is to occur. The diagram must indicate how the area will be physically
enclosed and the location of tables, chairs, food and beverage stations, and any other important
features.
3. The applicant must submit proof of the necessary liquor liability insurance coverage for the
expanded serving area.
The applicant has met all of the requirements except applying for the temporary event permits. This will
be required before each event.
BUDGET
RECOMMENDATION
Staff recommends that the City Council approve Hackamore Brewing Company's request to expand the
licensed premises to include the east portion of the parking lot as shown on the attached map.
ATTACHMENTS
Location Map
Certificate of Liquor Liability Insurance
106
107
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
A/C, No):
FAX
E-MAILADDRESS:
PRODUCER
A/C, No, Ext):
PHONE
INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
Per accident)
Ea accident)
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOSONLY
NON-OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
EROTH-STATUTEPER
LIMITS(MM/DD/YYYY)
POLICY EXP(
MM/DD/YYYY)
POLICYEFFPOLICYNUMBERTYPEOFINSURANCELTRINSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
AGGREGATE
OCCUR
CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG
GENERAL AGGREGATE
PERSONAL & ADV INJURY
MED EXP (Any one person)
EACH OCCURRENCE
DAMAGE TO RENTED $
PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO-
JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
3/4/2025
Miller-Hartwig Insurance
PO Box 1177
Lakeville MN 55044
Josh Havlik
952-469-5502 952-469-1881
JHavlik@millerhartwig.com
Cincinnati Insurance Co 10677
HACKBRE-01 SFM Mutual Insurance Co11347HackamoreBrewingCoLLC
18651 Lake Dr E
Chanhassen MN 55317
407121252
A X 1,000,000
X 500,000
5,000
1,000,000
2,000,000
X
Y Y ETD 0658673 7/1/2024 7/1/2025
2,000,000
A 1,000,000
X X
ETD 0658673 7/1/2024 7/1/2025
A X X 4,000,000YETD06586737/1/2024Y 7/1/2025
B X189468.201 2/1/2025 2/1/2026
1,000,000
1,000,000
1,000,000
A Liquor Liability ETD 0658673 7/1/2024 7/1/2025 occ/agg 1000000/2000000
Brewery and Taproom-18651 Lake Dr E Chanhassen MN 55317
Liquor Liability is continuous until cancelled meaning notice will be given for any cancellation,non-renewal,failure to pick up a renewal,or any other policy
interruption.Liquor liability coverage is not location specific and covers any patios and off-premises events provided a valid liquor license is in-force.Additional
Insured status,waiver,and primary non-contributory language are extended by endorsement "as required by written contract or agreement"to specified
relationships.Forms are available upon request.
City of Chanhassen
7700 Market Blvd
PO Box 147
Chanhassen 55317
108
City Council Item
July 14, 2025
Item Approve Contract with Jeff Martin Auctioneers
File No.Item No: D.5
Agenda Section CONSENT AGENDA
Prepared By Matt Unmacht, Assistant City Manager
Reviewed By
SUGGESTED ACTION
"The City Council approves the contract with Jeff Martin Auctioneers for the sale of furniture items
not being moved out of old City Hall."
Motion Type Simple Majority Vote of members present
Strategic
Priority Asset Management
SUMMARY
As the city prepares to move into the new city hall building, staff felt that it was important that the city
properly dispose of any assets in the old city hall building that are not being moved to the new building.
Many items are being moved, including most of the technology such as laptops, monitors, TVs, along
with some furniture, such as staff chairs, small tables, bookshelves, etc.
The city's demolition contract for the old city hall building includes any items that are structurally
attached to the walls and framework of the building. As such, any items that do not fall into that
category must be disposed of properly. These items include staff desks, conference room tables, chairs,
wall posters, etc.
Staff explored many options for the removal of these items. Some items have been individually sold or
repurposed, such as the appliances in the senior center and items in the commercial kitchen.
The city has partnered with Jeff Martin Auctioneers, who will provide auction services on any items not
109
moved or that won't be demolished. Jeff Martin Auctioneers will coordinate the inventory, photography,
marketing, sale, and removal of all items sold in the auction. The proposed contract grants Jeff Martin
Auctioneers exclusive rights to conduct auctions on behalf of the city for the specified term, with
provisions for both live and online auction formats, and includes detailed procedures for title transfer,
payment, and dispute resolution. The purpose of this report is to present the contract for Council
approval and to outline the framework under which these auction services will be delivered to the City
of Chanhassen.
BACKGROUND
DISCUSSION
BUDGET
Coordination of the auction is at no cost to the city. Jeff Martin Auctioneers will take a 15%
commission on any items or lots that are sold.
RECOMMENDATION
Staff recommends the Chanhassen City Council approve the contract with Jeff Martin Auctioneers.
ATTACHMENTS
Auction Agreement - City of Chanhassen and Jeff Martin Auctioneers
110
AUCTION AGREEMENT
This Agreement is made and entered into as of by and between:
JEFF MARTIN AUCTIONEERS, INC. (“AUCTIONEER”) AND
Company / Name
Address: (“Seller”)
1.Seller’s Information. ***Payment will be made to the name below. Payment will be mailed to the above address***
(i)Seller’s Status: Corporation Limited Liability Company Partnership Sole Proprietor
Individual or Joint Owners State of Incorporation: _____________________________________
(ii)Name to Appear on Check: ____________________________________________________
(iii)Seller’s Designated Contact Person: _____________________________________________
(iv)Seller’s Fed. ID# / Resale Certificate #. / Driver’s License #: ____________________________
(v)Seller’s Contact Numbers: Phone 1: ____________________ Phone 2: ______________________
(vi)Seller’s Email Address: ________________________________________Fax: _________________
(vii)Length of Contract: Annual Contract – Expires: ___________________ Non – Annual Contract
(viii)Preferred Method of Payment: ACH (Direct Deposit) Wire (Fee $20.00) Paper Check
(Includes $25 Processing Fee)
Initial if information is this section is correct: __________________
2.Commission
2.1 Commission. Auctioneer will receive a Commission for Auctioneer’s services. Auctioneer’s Commission will be
calculated on each Lot based on the following schedule:
Commission Scale
$75 Minimum Lien Search Fee $10 Title Search Fee per Titled Item
$50 Late Title Fee for titles not received within 24 hrs. prior to auction
1.15.000% of sales price per item of Property selling above $0.00. Any unsold items will be removed by Jeff
Martin Auctioneers and taken into the auctioneers possession.
2.$0.00 No Sale or Buy Back fee per item of Property will be charged to each item that is not sold in auction.
3.$50.00 Minimum commission will be charged on each item sold in auction over a value of $50.00 or the
percentage stated above whichever is the greater amount.
CITY OF CHANHASSEN
MATT UNMACHT
6/25/2025
MUNMACHT@CHANHASSENMN.GOV
CITY OF CHANHASSEN
(952) 227-1118
HOUSE UPPER MIDWEST
7700 MARKET BLVD CHANHASSEN, MN 55317
A Minnesota Municipal Corportation
41-0885331
111
3.Auction Location/Format.
The Auction will be held at
The Auction will be conducted online in addition to being conducted live at the Auction Site.
The Auction will be conducted online only.
4.Buyer’s Premium. Auctioneer may charge a Buyer’s Premium for Auctioneer’s own account. The Buyer’s Premium is earned
at the Fall of the Hammer and will not be refunded by Auctioneer.
5.Document Preparation Fee; Expenses. Seller will be responsible for all expenses that are allocable to the preparation and
offering of the Consigned Property at the Auction and for the transfer of title of Consigned Property having a certificate of title.
5.1. Document Preparation Fees. The seller will pay document preparation expenses if assistance is required to
obtain a replacement title or documents for any titled consigned item.
Other:
Unless prepaid by Seller, expenses may be deducted immediately from the Auction proceeds and retained by Auctioneer.
6.Auction Date. Auctioneer will offer the Consigned Property at one or more auction(s) on unless (i)
extended by the mutual agreement of the parties, or (ii) extended, in the sole discretion of Auctioneer, to a date not more than 60
(Sixty) days after the date indicated in this Section. Auctioneer will have sole and absolute discretion to determine the number of
auction(s) at which the Consigned Property, and any of it, will be offered, and to determine the items of Consigned Property that will be
offered at each such auction(s). Consigned Property that is not put up on a scheduled date due to time constraints or other factors may
be carried forward to a subsequent date determined by Auctioneer.
7.Auctioneer Retained. Seller engages and retains Auctioneer to offer the Consigned Property for sale at Auction. For the
periods described in this Agreement, Auctioneer will have the exclusive right and authority to offer the Consigned Property f or sale at
auction, and the exclusive right to affect the sale of the Consigned Property in accordance with this Agreement and Auctioneer’s
Bidder Terms and Conditions. Auctioneer may, in Auctioneer’s discretion, and on notice to Seller, negotiate and effect the sa le of the
Consigned Property, or any of it, in a non-action transaction, and will be compensated in the same manner as if sold at Auction.
8.Auctioneer’s Services. Auctioneer will market the Consigned Property and offer it for sale at the Auction. Auctioneer may
select and utilize the services of such auctioneers or apprentice auctioneers as Auctioneer determines to be reasonably necessary or
appropriate. Auctioneer has absolute discretion to determine the order of sale at the Auction, including the Consigned Proper ty and
items consigned by others. Auctioneer also has absolute discretion to determine the lotting, grouping, re-lotting, or re-grouping of the
Consigned Property. Auctioneer may determine not to offer all or any of the Consigned Property at the Auction if (i) Auctione er
considers it to be unsaleable, (ii) there is a question as to title or authenticity, or (iii) there exists some other legal or practical
impediment to offering such Consigned Property at the Auction.
9.Bidder Registration; Bidder Qualification. Auctioneer will register Bidders for the Auction and may require each potential
Bidder to provide identifying information and meet Bidder qualifications established by Auctioneer. Auctioneer may refuse to accept a
Bidder Registration from any potential Bidder, may refuse to grant bidding privileges to any potential Bidder, and may revoke the
Bidder Registration or bidding privileges of any Bidder. In Auctioneer’s discretion, bids may be received from a person who has not
registered to bid, and/or who has not satisfied all requirements for Bidder R egistration, and/or who has not previously been granted
bidding privileges. Bidder qualification provisions (which may include proof of the availability of funds) create no rights o r interests in
any competing Bidders. Auctioneer and/or Seller may (but will not be required to) waive any Bidder qualifications, either globally or on
a case-by-case basis.
10.Conduct of the Auction. Auctioneer will regulate all matters relating to the conduct of the Auction and Auctioneer’s
decisions will be final and binding. Auctioneer will have control over bidding, may establish and may modify bid increments, and will
resolve any and all disputes. If (i) a bid is made while the hammer is falling in acceptance of a prior bid or while bidding is otherwise
being terminated, or (ii) after the Fall of the Hammer or other termination of the bidding Auctioneer is made aware of a bi d that was
unnoticed prior to the Fall of the Hammer or other termination of the bidding, or (iii) after the Fall of the Hammer or other termination of
the bidding Auctioneer is made aware that Auctioneer and a bid assistant or ring man, or multiple bid assistants or ring men, have
acknowledged bids in the same amount bid from different bidders, or (iv) some other error occurs or bid dispute arises, Au ctioneer
may, in Auctioneer’s sole and absolute discretion (but will not be required to), reopen the bidding, ex tend the bidding, sus pend the
bidding, cancel the sale, and/or resell the Lot(s) at issue. Any contract formed with the Fall of the Hammer will be subject to the
conditions set forth in this Section. If bidding is reopened pursuant to this Section, the bid recognized by Auctioneer prior to the
reopening of the bidding will be held, and may not be retracted, and, if no further bids are received, such bid will be the Winning Bid.
Seller Initial:
2910 9TH STREET GLENCOE, MN 55336
Jeff Martin Auctioneers may, at their discretion, offer for sale fixtures that are mechanically fastened to the building—such as doors—or other items they deem valuable and removable with basic tools. If these items do not sell, they will remain the property of the City of Chanhassen and will be demolished along with the building.
09/11/2025
112
11. Absentee Bids; Remote Bidding. In Auctioneer’s discretion, Auctioneer may receive Absentee Bids and/or bids tendered by
remote Bidders (whether telephonically or otherwise). Absentee Bids may be initiated at an amount less than the Absentee Bidder’s
maximum bid amount (typically a percentage of the maximum bid amount) and will be executed competitively up to (i) the Fall o f the
Hammer (or other termination of the bidding) or (ii) the Absentee Bidder’s maximum bid amount, whichever occurs first. Auctioneer will
make reasonable efforts to execute Absentee Bids, but Auctioneer will have no liability to Seller for the failure to execute any Absentee
Bids for any reason whatsoever. The receipt and execution of Absentee Bids will not create an agency relationship between Auctioneer
and any Absentee Bidder
12. Online Auction. The following terms and conditions apply if the Auction is conducted, in whole or in part, online:
12.1. Bidder Terms and Conditions; Notices and Announcements. The Auction will be conducted in accordance with
Auctioneer’s Bidder Terms and Conditions and any notices or announcements by Auctioneer and/or posted on Auctioneer’s website.
12.2. Posted Times. All times are based on the local time zone at the Auction Site unless stated otherwise. Posted
closing times and time displays are approximate. Auctioneer reserves the right to close early or extend the Auction at any ti me at
Auctioneer’s sole and absolute discretion.
12.3. Records of Online Activity. Absent clerical errors, Auctioneer’s records will be final and conclusive.
12.4. Technology Disruptions. Auctioneer will not be responsible for technology disruptions, errors, or failures (including
disruptions to bidding or the failure to execute, recognize, or record online bids), whether caused by (i) loss of connectivity, breakdown,
disruption, or failure of the Online Auction Platform, (ii) breakdown, disruption, or failure of a Bidder’s internet connection, computer, or
system, or (iii) otherwise. Auctioneer may, but will not be required to, continue, suspend, delay, extend, reschedule, or clo se the
Auction because of disruptions caused by technology failures, even after bidding has commenced.
12.5. Failures by Online Auction Platform Provider and its Affiliates or Contractors. Auctioneer may use an Online
Auction Platform Provider to facilitate the Auction. Under no circumstances will Auctioneer be liable for any failure of the Online
Auction Platform Provider to perform all or any of its obligations, or for the failure of any affiliates, employees, agents, representatives,
or contractors of the Online Auction Platform Provider to perform their obligations regardless of whether such obligations ar e owing,
directly or indirectly, to Auctioneer, or to Seller, or otherwise.
12.6. Auto Extend Feature. Any Online Bidding Period may include an auto-extend feature. This means that, if an online
bid is entered within a set time period approaching the end of the established Online Bidding Period, the Online Bidding Period will
automatically be extended for an additional amount of time in increments established by Auctioneer and will continue to be so
extended until there is a set period of time that lapses during which no onl ine bids are received, after which bidding will close.
12.7. Disclaimer. Auctioneer makes no representations or warranties, and disclaims any representations or warranties,
(i) that the Online Auction Platform or any related website or technology will be uninterrupted, error free or virus free, (ii) as to the
results that may be obtained by using the Online Auction Platform or any related website or technology, or (iii) as to the ac curacy,
completeness, reliability, security, or current nature of the Onlin e Auction Platform or any related website technology.
13. Payments to Auctioneer. Monies due and owing to Auctioneer will be paid, as follows:
13.1. Sale at Auction. In addition to reimbursable costs and expenses, Auctioneer is entitled to Auctioneer’s Commission
and Buyer’s Premium for all Consigned Property sold pursuant to this Agreement. Should Seller default on Seller’s obligations to any
Buyer, Seller will pay Auctioneer an amount equal to Auctioneer’s Commission, Buyer’s Premium, costs, and expenses.
13.2. Private Sale. Seller will pay Auctioneer an amount equal to Auctioneer’s Commission and Buyer’s Premium
(calculated as a percentage of the private sale price), plus reimbursable costs and expenses, if at any time from the date of this
Agreement until date of auction any of the Consigned Property is sold at a Private Sale, or (ii) Seller enters into an Agreement to sell
any of the Consigned Property at a Private Sale.
13.3. Withdrawal of Consigned Property Without a Private Sale. Seller will pay Auctioneer an amount equal to
Auctioneer’s Commission and Buyer’s Premium (calculated as a percentage of the fair market value or the Reserve Price, whichever is
greater), plus reimbursable costs and expenses, if at any time from the date of this Agreement through and including the date of the
Auction the Consigned Property is Withdrawn by Seller without there being a Private Sale.
13.4. Reputation Damages. Seller acknowledges and agrees that Seller's Withdrawal of Lot(s) prior to or during the
Auction will have an adverse impact on Auctioneer's reputation and market share in the auction industry, and that, in additio n to, and
not in lieu of, an amount equal to Auctioneer's Commission and Buyer's Premium on Lot(s) Withdrawn from the Auction, with or without
Auctioneer’s consent, Auctioneer will be entitled to an amount equal to twenty -five percent (25%) of the sum of Auctioneer's
Commission plus Buyer's Premium as liquidated Reputation Damages, and not as a penalty.
Seller Initial:
113
14.Seller Interference or Breach. If any Consigned Property is not sold due to Seller’s interference or other breach of this
Agreement, such event will not be treated as a No Sale and Seller will pay Auctioneer an amount equal to Auctioneer’s
Commission and Buyer’s Premium (calculated as a percentage of the fair market value or the Reserve Price, whichever is greater),
plus reimbursable costs and expenses.
14.1. Disputes Over Value of Consigned Property Withdrawn, Sold at Private Sale, or Gifted. If there is a dispute
over the fair market value of the Consigned Property, the fair market value of such Consigned Property will be determined by (i)
Auctioneer, or (ii) a qualified appraiser selected by Auctioneer, with the cost of such appraisal being paid by Seller.
14.2. Auctioneer’s Right of Set-Off. Auctioneer may apply any proceeds from the Auction against any outstanding
amounts due and owing to Auctioneer from Seller.
15.Auctioneer’s Right to Establish Fair Market Value by Buying Back Withdrawn Lot(s) on Seller’s Behalf. If Seller
Withdraws any of the Consigned Property prior to the Auction, Auctioneer may, in Auctioneer’s discretion, (i) keep the affected Lot(s) in
the sale catalog, and (ii) execute bids against such Lot(s) until the Seller is the Winning Bidder. The Hammer Price thus determined will
provide the basis for calculating Auctioneer’s Commission and Buyer’s Premium that will be due and payable to Auctioneer by Seller. If
Auctioneer elects to proceed under this Section, the Hammer Price determined pursuant to this Section will control and will supersede
any other provisions of this Agreement for determining the fair market value of the Withdrawn Lot(s).
16.Seller’s Representations and Warranties. Seller represents and warrants, as follows:
16.1. Seller’s Solvency. Except as otherwise disclosed to Auctioneer in writing: (i) Seller is currently solvent; (ii) neither
Seller nor the Consigned Property is the subject of proceedings in bankruptcy or receivership, and Seller has not received any notice
of the possible or planned commencement of proceedings in bankruptcy or receivership; (iii) Seller has not made any assignment(s)
for the benefit of creditors; and (iv) Seller is not more than ninety (90) days in arrears on any payment obligation, whether or not
secured by the Consigned Property.
16.2. Good Title; Encumbrances. Seller (i) owns the Consigned Property in fee simple absolute, or (ii) is legally
authorized to sell or make other disposition of the Consigned Property, all of which is free from any liens and encumbrances other than
those liens and encumbrances identified by Seller, in writing, that will be discharged at or prior to the Auction, or with the proceeds from
the Auction after deducting Auctioneer’s Commission, Buyer’s Premium, and reimbursable costs and expenses. The names,
addresses, and current amounts owing to lien holders, if any, are shown on an attached addendum.
16.3. No Infringement. Neither Seller’s use or sale of the Consigned Property, or any of it, nor the advertisement for sale
of the Consigned Property infringes on the rights or interests of any other person or entity, including, without being limite d to, (i)
ownership or joint ownership, (ii) security interests, (iii) statutory liens, and/or (iv) intellectual property inte rests.
16.4. Description and Condition of the Consigned Property. Any and all descriptions of the Consigned Property
provided by Seller are true and accurate to the best of Seller’s knowledge; and there are no defects or irregularities in, or damage to,
the Consigned Property, or any of it, of which Seller is aware but has failed to disclose. Without limiting the generality of the foregoing
sentence, except as disclosed to Auctioneer in writing, the Consigned Property is in good operating condition and none of the
Consigned Property has been rebuilt or salvaged.
16.5. Labels and Marks. To the best of Seller’s knowledge, the Consigned Property is authentic, and any branding,
labeling, makers’ marks, signatures, trademarks, trade names, certifications, and/or indicia of origin are true, accurate, and correct.
The auctioneer is not responsible, or any damages related to personal, or company decals, information or license numbers left on
or in an item sold at auction. It is the seller’s responsibility to remove all personal items. The auctioneer STRONGLY
RECOMMENDS that all decals, numbers, and information are removed from consigned items before delivery to auction site.
16.6. Hours and Miles Correct. Unless otherwise disclosed to Auctioneer in writing, to the best of Seller’s knowledge, all
hours and/or miles shown on equipment and/or vehicles are true, correct, and accurate, and no meters, gauges, odometers, or c locks
have been altered, modified, disconnected, reset, turned-back or changed.
16.7. Manufacturer’s Warranty; Extended Warranty. Seller has not modified the physical condition or electronics or
software of any equipment or vehicle, including original manufacturers’ codes, in any way that would have the effect of voiding or
impairing an unexpired manufacturer’s warranty or extended warranty, and, to the best of Seller’s knowledge, no such modifications
have been made by any other person or entity.
16.8. Seller’s Authority. Seller has the legal authority to enter into and perform under this Agreement.
16.9. No Conflicts. This Agreement and Seller’s performance under this Agreement do not conflict with, violate, or result
in a breach of, the terms, conditions or provisions of, or constitute a default under, any law, rule, regulation, judgment, order, decree,
agreement, document or instrument to which Seller is a party, or by which Seller or the Consigned Property, or any of it, may be
subject or bound, and there are no suits or judgments pending or threatened against Seller, or regarding the Consigned Property, or
any of it, affecting Seller’s ability to enter into, or perform under, this Agreement.
Seller Initial:
114
16.10. No Inducement Based on Statements or Opinions of Value. Seller has not been induced to enter into this
Agreement by any statements or opinions of Auctioneer regarding (i) the value of the Consigned Property, or any of it, or (ii) the bids
that the Consigned Property, or any of it, might bring at the Auction.
17.Seller’s Obligations. Seller acknowledges, covenants, and agrees:
17.1. No Withdrawal of Consigned Property. During the periods covered by this Agreement, Seller will not Withdraw,
sell, or attempt to sell the Consigned Property, or any of it, without Auctioneer’s prior written consent.
17.3. Evidence of Title. For all Consigned Property with certificates of title or similar indicia of ownership, Seller will
deliver, prior to the Auction, all documents evidencing the Seller’s title and sufficient to transfer title (including, without being limited to
certificate(s) of title and bill(s) of sale), all of which will be properly endorsed in blank. The foregoing notwithstanding, Seller’s failure to
deliver all documentation as provided for above, does not prevent Auctioneer, at Auctioneer’s his sole and absolute discretion, from
removing or including the Consigned Property in the Auction.
17.4. Seller Responsible for Repairs, Improvements, Repairs, Etc. Seller is responsible for all repairs, improvements,
cleaning and/or painting of the Consigned Property until the Consigned Property is sold.
17.6. Execution of Documents. Seller will execute and deliver any and all documents as may be reasonably necessary
to affect the sale of the Consigned Property, or any of it.
17.7. Taxes, Liens, and Encumbrances. Seller acknowledges and agrees that any and all taxes, liens, and
encumbrances against the Consigned Property, and any of it, will be paid and discharged prior to the Auction, or from gross a uction
revenues after deduction of Auctioneer’s Commission, Buyer’s Premium, and costs and reimbursable expenses. As soon as
practicable after the execution of this Agreement, Seller will provide Auctioneer with any and all records or materials evidencing taxes,
liens, or encumbrances against the Consigned Property, or any of it.
17.8. Delivery of Good Title to Buyer(s). Seller will deliver good title to the Buyer(s) of the Consigned Property, free and
clear of any and all liens and encumbrances. Further to the foregoing, Seller authorizes Auctioneer to satisfy any and all liens against
the Consigned Property from the proceeds of sale prior to making any distribution to Seller.
17.9. Tax Clearance Certificates. If necessary, to pass clear title, the Seller will obtain a tax clearance certificate, or
similar such certification, from each applicable taxing authority.
17.10. Care, Handling, and Preservation of Consigned Property. From and after the execution of this Agreement, Seller
will safeguard and maintain all Consigned Property that remains in Seller’s possession, care, custody, or control in its current condition,
and will take any and all steps as may be reasonably necessary to preserve the Consigned Property from loss or damage.
17.11. Insurance; Risk of Loss. Seller will maintain insurance on the Consigned Property as is reasonably necessary to
insure against risk of loss to the Consigned Property, or any of it, and against liability for property loss, personal injury, or death. All
risk of loss or damage to the Consigned Property will remain with the Seller until proceeds from its sale are received by Seller.
18.Authorization to Search Liens and Titles. In Auctioneer’s sole and absolute discretion, Auctioneer may, but will not be
required to, (i) conduct searches and take such other actions as may be reasonably necessary to identify any liens and
encumbrances against the Consigned Property, (ii) contact creditors to verify amounts claimed or otherwise necessary to clear title,
and (iii) negotiate any compromise necessary to clear title. Any such searches conducted by Auctioneer shall be at Seller’s expense.
Seller Initial: 115
19.LIMITED POWER OF ATTORNEY. Seller appoints Auctioneer, and any agent or representative of Auctioneer, as
Seller’s attorney-in-fact for the express and limited purposes, on Seller’s behalf and at Seller’s expense, (i) to obtain any and
all certificate(s) of title or other indicia of ownership as may be necessary to demonstrate Seller’s ownership in the
Consigned Property, and (ii) to execute and deliver any and all documents or certificates as may be necessary to transfer title
to the Buyer(s). If Auctioneer obtains certificate(s) of title, Seller will reimburse Auction for the costs and expenses incurred,
plus an administrative fee of One Hundred Dollars ($100.00) per certificate.
20.Security Interest. Seller hereby grants Auctioneer a valid, enforceable, and continuing security interest in, and lien
against, the Consigned Property, to secure the payment of any and all amounts due and owing, or that may become due and owing, to
Auctioneer. Seller also authorizes Auctioneer to prepare, execute on Seller’s behalf, and file with the appropriate office, any and
all documents and certificates as may be necessary to effectuate or perfect Auctioneer’s security interest and lien, including, without
being limited to, financing statements on form UCC-1 and continuation statements on form UCC-3.
21.Indemnification. Seller will defend, indemnify and hold Auctioneer harmless from and against any and all claims, demands,
suits, actions, causes of action, damages, costs or charges whatsoever arising from, or in any way related to, the Auction and/or the
Consigned Property, including, without being limited to: (i) any breach of the representations, warranties, or covenants set forth in this
Agreement; (ii) any hazardous materials contained in the Consigned Property or environmental contamination resulting from leakage,
spills, or malfunction of the Consigned Property; (iii) deficiencies in the documents required to transfer title of the Consigned Property, or
any of it; (iv) any violation of federal, state, or local laws; (v) any negligence, recklessness, willful misconduct, or unlawful act of Seller
involving, or in any way related to, the Auction, the Consigned Property, or this Agreement; and (vi) any infringement on the intellectual
property of any third-party involving, or in any way related to the Consigned Property.
22.Risk of Theft, Damage, or Destruction of the Consigned Property. Seller acknowledges and agrees that there is a risk of
theft, damage, or destruction of property consigned to auction. Auctioneer will not be liable for the conduct of third parties.
23.Collection of Payments. Auctioneer will receive payment for all Consigned Property sold. Payments may be made in the
form of cash, personal or business check, certified funds, credit or debit card, or wire transfer. Auctioneer will make reasonable and
customary efforts to collect payment on any checks made payable to Auctioneer that are returned for insufficient funds, or that have
otherwise been dishonored by the drawee bank, but Auctioneer is not a guarantor of any such payments.
24.Accounting. Auctioneer shall provide an accounting and will pay Seller the net proceeds from the Auction on or before
twenty-one (21) banking days after Auction proceeds are collected and liens are released. Net proceeds mean the sum of the Hammer
Prices for all Lots of the Consigned Property, less (i) Auctioneer’s Commission, (ii) reimbursable costs and expenses, (iii) any other
amounts due and owing to Auctioneer under this Agreement, or otherwise, and (iv) any and all amounts necessary to satisfy liens or
encumbrances against the Consigned Property and to deliver clear title to the Buyer(s). Auctioneer will only pay net proceeds on
Property where proceeds have actually been collected, and Auctioneer will owe nothing to Seller if for any reason Auctioneer
is not able to collect proceeds from a sale. If applicable, Auctioneer reserves the right to withhold the payment of the net proceeds of
the Property sold by Seller until Seller pays in full any amount due to Auctioneer on items purchased by Seller. Unless required by law
or Court Order, Auctioneer is not obligated to disclose the identity of Buyer(s) to Seller. Notwithstanding anything in this Section 25 or
elsewhere in this Agreement to the contrary, Auctioneer reserves the right in its exclusive discretion to pay the net proceeds jointly to
Seller and any third party reasonably believed by Auctioneer to be in possession of a lien, security interest or other encumbrance on
the subject Consigned Property.
25.Use of Escrow Account. Notwithstanding anything in Section 25 to the contrary, Auctioneer will deposit Auction proceeds
into an Escrow Account (which may earn interest) from which net proceeds, if any, shall be paid to Seller and if applicable jointly to any
third party reasonably believed by Auctioneer to be in possession of a lien, security interest or other encumbrance on the subject
Consigned Property. By initialing below, Seller hereby consents to the payment of Auction net proceeds, as described in this Section
26.Initials: ________
27.Direct Deposit Banking. Auctioneer uses a process by which net proceeds will be direct deposited into a Seller designated
bank account. By initialing below, and by providing the electronic transfer information, Seller hereby consents to Auctioneer
transferring Seller’s net proceeds from Auctioneer’s Escrow account to the account as identified by the seller with the information
provided to the auctioneer by the seller or their designated representative. Initials: ________
28.Auction Prices; Fair Market Value. Seller understands, acknowledges, and agrees that: (i) Auctioneer has made no
representations, promises, or warranties as to the amounts that may be bid for the Consigned Property, or any of it, at the A uction; and
(ii)the Hammer Price establishes the fair market value for each Lot as of the time, date, and location of the Auction.
Seller Initial:
116
29.Unsold Consigned Property. Any Consigned Property not sold at the Auction due to non-performing bidder that remains in
Auctioneer’s possession after the Auction must be retrieved by Seller within ten (10) days after the Auction. Seller’s failure to remove any
unsold Consigned Property will be deemed to be Seller’s consent for Auctioneer to sell such Lot(s) at Auctioneer’s next available Auction
or by retail sale on such terms as Auctioneer deems appropriate. Any and all amounts due and owing to Auctioneer must be paid in full
before any unsold Consigned Property is removed from the Auction Site; and Auctioneer will maintain a lien against such unsold
Consigned Property until all such amounts have been paid. Notwithstanding the foregoing, any unsold items that remain at the Auction
Site for more than sixty days (60) after written notice from Auctioneer to Seller to remove such items, will be deemed to have been
abandoned by Seller and may, in Auctioneer’s sole and absolute discretion, be (i) discarded, (ii) otherwise disposed of, (iii) retained by
the Auctioneer for Auctioneer’s own account, or (iv) sold by Auctioneer for Auctioneer’s own account. Auctioneer may charge storage
fees in an amount determined by Auctioneer, not to exceed One Hundred Dollars ($100.00) per day. Seller will be responsible for any
and all storage costs and disposal costs of unsold items not retrieved by Seller in the time provided in this Section.
30.Auctioneer’s Additional Remedies. If Seller breaches of any of Seller’s obligations under this Agreement, Auctioneer may, at
Auctioneer’s sole and absolute discretion, remove any or all of the Consigned Property from the Auction, and collect from Seller any and
all applicable fees, including an amount equal to Auctioneer’s Commission, Buyer’s Premium, and reimbursable expenses. The inclusion
or removal of any Consigned Property by Auctioneer will not limit, modify, or waive any other rights Auctioneer may have under this
Agreement or under applicable law, all of which are cumulative.
31.Advertising; Sale Bills; Posting; Listing of Auction Results. Auctioneer may: (i) advertise the Auction through any means
determined reasonable and appropriate by Auctioneer, including online and print media; (ii) print and distribute sale bills; (iii) post the
Auction Site with signs and other information; and (iv) include the Consigned Property or any of it (including photographs and prices
realized) on Auctioneer’s website or otherwise in publicized lists of auction results achieved by Auctioneer. All advertising and all online
and print media related to the Auction or the Consigned Property that is produced by or on behalf of Auctioneer will be the exclusive
property of Auctioneer.
32.Promotional Materials. Seller agrees that Auctioneer may send Seller promotional materials via direct mail, email, telephone
call and/or text message. Standard data rates may apply. Seller has the right to unsubscribe from such notices and the receipt of such
materials at any time on written notice to Auctioneer. Seller’s contact information will not be sold.
33.Auctioneer’s Proprietary Information and Bidder Contacts. Auctioneer’s proprietary information, including, without being
limited to, mailing lists, emails lists, and bidder or buyer contact information is the property of Auctioneer. Unless required by law, or
necessary to facilitate collection of monies owed by non-paying Bidders, or otherwise necessary for litigation purposes, or directed by a
court or administrative body of competent jurisdiction, Auctioneer has no obligation to provide Seller with any of Auctioneer’s proprietary
information, including, without being limited to, mailing lists, emails lists, and bidder or buyer contact information. Seller may not
distribute or otherwise disseminate this Agreement (or its terms) to any third parties; except that Seller may share this Agreement with
Seller’s attorneys, accountants, and other professionals providing services to Seller.
34.Force Majeure. Neither party will be held liable or responsible to the other party, or be deemed to have defaulted under or
breached, this Agreement, for failure or delay in fulfilling or performing any term of this Agreement when such failure or delay is
caused by or results from causes beyond the reasonable control of the affected party, including, without being limited to, fires, strikes,
floods, adverse weather, acts of war, terrorism, riot, or public disorder, acts of God, lawful acts of public authorities, electronic failures,
communication failures, and internet service disruptions.
35.Relationship of the Parties. Auctioneer is acting solely as Seller’s agent, and nothing in this Agreement, or otherwise, is
intended to create, or will be construed as creating, any other relationship between Auctioneer and Seller, including, without limitation, a
partnership or joint venture.
36.Governing Law; Jurisdiction; Venue; Dispute Resolution. This Agreement will be governed by and construed in accordance
with the laws of the State of Minnesota, including its statutes of limitations, but without regard to its rules governing conflict of laws. Any
controversy or claim arising out of or relating to this Agreement, or any breach hereof will be settled by binding arbitration in accordance
with the Minnesota Uniform Arbitration Laws and will be instituted and maintained in Carver County, Minnesota. It is also the expressed
intent of the parties that any and all suits for any and every claim arising out of or connected to a breach of this Agreement or challenge
to the arbitration proceedings or award will be instituted and maintained in Carver County, Minnesota or any other place to which
Auctioneer expressly consents in writing. SELLER WAIVES THE RIGHT TO TRIAL BY JURY.
37.Binding Effect. This Agreement will be binding on, and will inure to the benefit of, the parties and their respective heirs,
personal representatives, successors, and assigns, as the case may be.
Seller Initial:
117
38.Headings; Definitions. The Section headings used in this Agreement are for the convenience of reference only and do not
control or affect the meaning, construction, scope, or intent, of this Agreement or any of its provisions. Capitalized terms are defined in
Appendix D, attached hereto and incorporated herein by this reference.
39.Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes any and all prior written or
oral understandings or agreements and any and all contemporaneous oral understandings or agreements with respect to the subject
matter of this Agreement.
40.Amendment. This Agreement may only be modified or amended by writing signed by both parties.
41.Signatures; Counterparts. This Agreement may be executed manually, electronically, digitally, or by any other means intended
to represent the signature of a party and may be executed in one or more counterparts.
INTENDING TO BE LEGALLY BOUND, the parties have executed this Agreement as of the date first written above
Seller:
(Entity Name)
Auctioneer:
Jeff Martin Auctioneers, Inc.
BY:
Its: Authorized Representative
Signature:
BY:
Its: Authorized Representative
Signature:
Date: Date:
CITY OF CHANHASSEN
Laurie Hokkanen, City Manager & Elise Ryan, Mayor
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City Council Item
July 14, 2025
Item Award Contract for Geotechnical Services for the 2026 City Pavement
Rehabilitation Project (#26-01).
File No.ENG project number 26-01 Item No: D.6
Agenda Section CONSENT AGENDA
Prepared By Ben Phillips, Engineering Technician III
Reviewed By Charlie Howley
SUGGESTED ACTION
"The Chanhassen City Council approves awarding a professional services agreement with Braun
Intertec for geotechnical exploration and engineering services for the 2026 City Pavement
Rehabilitation Project."
Motion Type Simple Majority Vote of members present
Strategic
Priority Asset Management
SUMMARY
The 2026-01 pavement rehabilitation project requires geotechnical exploratory services in preparation
for the design phase of the project. A consulting services contract is needed to facilitate the geotechnical
scope of work for the project.
BACKGROUND
On June 20, 2025, the Engineering Department released a Request for Proposals (RFP) for the
geotechnical services required for the 26-01 project.
DISCUSSION
The Engineering Department prepared an RFP and solicited proposals from American Engineering
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Testing and Braun Intertec for the pavement and support aggregates/soil exploration, sample testing,
and geotechnical engineering services required for the project. Maps of the project areas are attached
and were included in the RFP.
Both firms submitted proposals for the following amounts:
Braun Intertec - $25,000.00
American Engineering Testing (AET) - $32,659.00
The proposals were reviewed to compare the proposed work scope, sequencing, schedule and estimated
costs. Each of the firms is capable of completing the required work and has successfully completed
similar work in the past for the city. Based on the review of the proposals, the Engineering staff
recommends that Braun Intertec be selected for the work.
As with all engineering contracts, the consultant will submit periodic invoices that staff will review
before processing. Staff will review the invoices for accuracy and conformance with the contract.
Funding for the geotechnical services is programmed within the overall project budget.
BUDGET
The fee proposed is within the overall project budget for geotechnical services.
RECOMMENDATION
Staff recommends the City Council award a contract with Braun Intertec for the 2026 City Pavement
Rehabilitation Project geotechnical services.
ATTACHMENTS
PROFESSIONAL SERVICES AGREEMENT
26-01 Geotech RFP
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PROFESSIONAL SERVICES AGREEMENT
AGREEMENT made this 14th day of July, 2025, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation ("City") and Braun Intertec Corporation
("Consultant").
IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES
AGREE AS FOLLOWS:
1. SCOPE OF SERVICES. The City retains Consultant for pavement and geotechnical
evaluation for the 2026 City Pavement Rehabilitation Project # 26-01.
2. CONTRACT DOCUMENTS. The following documents shall be referred to as the
"Contract Documents," all of which shall be taken together as a whole as the contract between the
parties as if they were set verbatim and in full herein:
A. This Professional Services Agreement;
B. Request for quote – Geotechnical Services dated June 20, 2025;
C. Insurance Certificate;
D. Consultant’s July 2, 2025 proposal for $25,000.00 (“Proposal”).
In the event of conflict among the provisions of the Contract Documents, the order in which they are
listed above shall control in resolving any such conflicts, with Contract Document “A” having the
first priority and Contract Document “D” having the last priority.
3. COMPENSATION. Consultant shall be paid by the City for the services described
in the Proposal a not to exceed fee of Twenty-Five Thousand Dollars ($25,000.00, inclusive of
expenses. Services performed directly by Consultant shall be paid at an hourly rate in accordance with
the Proposal, subject to the not to exceed fee. The not to exceed fees and expenses shall not be
adjusted if the estimated hours to perform a task, the number of required meetings, or any other
estimate or assumption is exceeded. Consultant shall bill the City as the work progresses. Payment
shall be made by the City within thirty-five (35) days of receipt of an invoice.
4. DOCUMENT OWNERSHIP. All reports, plans, models, diagrams, analyses, and
information generated in connection with performance of this Agreement shall be the property of
the City. The City may use the information for its purposes.
5. CHANGE ORDERS. All change orders, regardless of amount, must be approved
in advance and in writing by the City. No payment will be due or made for work done in advance
of such approval.
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6. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services
hereunder, Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the
provisions of services to be provided.
7. STANDARD OF CARE. Consultant shall exercise the same degree of care, skill,
and diligence in the performance of the services as is ordinarily possessed and exercised by a
professional consultant under similar circumstances. No other warranty, expressed or implied, is
included in this Agreement. City shall not be responsible for discovering deficiencies in the
accuracy of Consultant’s services.
8. INDEMNIFICATION. Consultant shall indemnify and hold harmless the City, its
officers, agents, and employees, of and from any and all claims, demands, actions, causes of action,
including costs and attorney's fees, arising out of or by reason of the execution or performance of the
services provided for herein and further agrees to defend at its sole cost and expense any action or
proceeding commenced for the purpose of asserting any claim of whatsoever character arising
hereunder.
9. INSURANCE. Consultant shall secure and maintain such insurance as will protect
Consultant from claims under the Worker’s Compensation Acts, automobile liability, and from claims
for bodily injury, death, or property damage which may arise from the performance of services under
this Agreement. Such insurance shall be written for amounts not less than:
Commercial General Liability $2,000,000 each occurrence/aggregate
Automobile Liability $2,000,000 combined single limit
Professional Liability $2,000,000 each occurrence/aggregate
The City shall be named as an additional insured on the general liability policy on a primary and non-
contributory basis. Before commencing work, the Consultant shall provide the City a certificate of
insurance evidencing the required insurance coverage in a form acceptable to City.
10. INDEPENDENT CONTRACTOR. The City hereby retains Consultant as an
independent contractor upon the terms and conditions set forth in this Agreement. Consultant is not
an employee of the City and is free to contract with other entities as provided herein. Consultant shall
be responsible for selecting the means and methods of performing the work. Consultant shall furnish
any and all supplies, equipment, and incidentals necessary for Consultant’s performance under this
Agreement. City and Consultant agree that Consultant shall not at any time or in any manner represent
that Consultant or any of Consultant's agents or employees are in any manner agents or employees of
the City. Consultant shall be exclusively responsible under this Agreement for Consultant’s own
FICA payments, workers compensation payments, unemployment compensation payments,
withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are
required to be paid by law or regulation.
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11. SUBCONTRACTORS. Consultant shall not enter into subcontracts for services
provided under this Agreement without the express written consent of the City. Consultant shall
comply with Minnesota Statutes § 471.425. Consultant must pay subcontractors for all undisputed
services provided by subcontractors within ten (10) days of Consultant’s receipt of payment from
City. Consultant must pay interest of one and five-tenths percent (1.5%) per month or any part of
a month to subcontractors on any undisputed amount not paid on time to subcontractors. The
minimum monthly interest penalty payment for an unpaid balance of One Hundred Dollars
($100.00) or more is Ten Dollars ($10.00).
12. CONTROLLING LAW/VENUE. This Agreement shall be governed by and
construed in accordance with the laws of the State of Minnesota. In the event of litigation, the
exclusive venue shall be in the District Court of the State of Minnesota for Carver County
Minnesota.
13. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Consultant must
comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it
applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created,
collected, received, stored, used, maintained, or disseminated by Consultant pursuant to this
Agreement. Consultant is subject to all the provisions of the Minnesota Government Data Practices
Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were
a government entity. In the event Consultant receives a request to release data, Consultant must
immediately notify City. City will give Consultant instructions concerning the release of the data to
the requesting party before the data is released. Consultant agrees to defend, indemnify, and hold
City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from
Consultant’s officers’, agents’, city’s, partners’, employees’, volunteers’, assignees’ or
subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall
survive the cancellation or termination of this Agreement.
14. COPYRIGHT. Consultant shall defend actions or claims charging infringement
of any copyright or software license by reason of the use or adoption of any software, designs,
drawings or specifications supplied by it, and it shall hold harmless the City from loss or damage
resulting therefrom.
15. PATENTED DEVICES, MATERIALS AND PROCESSES. If the Contract
requires, or the Consultant desires, the use of any design, devise, material or process covered by
letters, patent or copyright, trademark or trade name, the Consultant shall provide for such use by
suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed
with the City. If no such agreement is made or filed as noted, the Consultant shall indemnify and
hold harmless the City from any and all claims for infringement by reason of the use of any such
patented designed, device, material or process, or any trademark or trade name or copyright in
connection with the services agreed to be performed under the Contract, and shall indemnify and
defend the City for any costs, liability, expenses and attorney's fees that result from any such
infringement.
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16. RECORDS. Consultant shall maintain complete and accurate records of hours
worked and expenses involved in the performance of services.
17. ASSIGNMENT. Neither party shall assign this Agreement, or any interest arising
herein, without the written consent of the other party.
18. WAIVER. Any waiver by either party of a breach of any provisions of this
Agreement shall not affect, in any respect, the validity of the remainder of this Agreement.
19. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein.
This Agreement supersedes all oral agreements and negotiations between the parties relating to the
subject matter hereof, as well as any previous agreements presently in effect between the parties
relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the
provisions of this Agreement shall be valid only when expressed in writing and duly signed by the
parties, unless otherwise provided herein.
20. TERMINATION. This Agreement may be terminated by the City for any reason
or for convenience upon written notice to the Consultant. In the event of termination, the City shall
be obligated to the Consultant for payment of amounts due and owing including payment for
services performed or furnished to the date and time of termination.
Dated: _________________. CITY OF CHANHASSEN
BY: _____________________________________________
Elise Ryan, Mayor
BY: _____________________________________________
Laurie Hokkanen, City Manager
Dated: _________________. ________________________________________________
BY: _____________________________________________
Its
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REQUEST FOR PROPOSALS
2026 CITY PAVEMENT REHAB PROJECT (#26-01)
Distributed: November 6th, 2025
I. INTRODUCTION
The City of Chanhassen is issuing this Request for Proposals (RFP) for professional services
necessary to obtain geotechnical reports to allow the City to successfully scope and design the
2025 City Pavement Rehabilitation Project. In general, the RFP’s scope of work includes
pavement cores and soil borings, gradations, soil classifications, and geotechnical evaluations
and recommendations for road design and utility trenching and backfill. As-built construction
record drawings associated with the project areas are available upon request to assist in the
preparation of proposals.
A. RFP Content. This RFP contains the following sections:
I. Introduction
II. Project Information
III. Proposal
B. Addenda/Clarifications. Any changes to this RFP will be made by written addendum.
Verbal modification will not be binding.
C. Pre-Contractual Expenses. The City will not be responsible for any pre-contractual
expenses. Pre-contractual expenses are defined as expenses incurred by the Consultant in:
1. Preparing its proposal in response to this RFP;
2. Submitting that proposal to the City of Chanhassen;
3. Negotiating with the City of Chanhassen any matter related to this proposal; or
4. Any other expenses incurred by the Consultant prior to the date of execution of
the Professional Services Agreement.
D. Contract Award. Issuance of this RFP and receipt of proposals does not commit the City of
Chanhassen to award a contract. The City of Chanhassen reserves the right to postpone the
opening for its own convenience, to accept or reject any or all proposals received in response to
this RFP, to negotiate with other than the selected Consultant should negotiations with the
selected be terminated, to negotiate with more than one Consultant simultaneously, or to
cancel all or part of this RFP. The Consultant must sign the City of Chanhassen’s Professional
Services Agreement (PSA) and this will be used as the contract agreement. The PSA is attached
to this RFP.
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E. Contact Person. The Consultant's contact for specific questions regarding information in
this proposal is:
Ben Phillips
Construction Manager
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
(952) 227-1166
bphillips@chanhassenmn.gov
II. PROJECT INFORMATION
A. Project Area and Identified Improvements.
Approximately 2.2 miles of roadway is proposed to be rehabilitated or reconstructed within
two residential areas within Chanhassen. The areas proposed for improvements is shown
in the attached Figures.
• The Vasserman Ridge development was originally constructed between 2002 and
2004. It was last seal-coated in 2009. This ~4750-foot (0.90 mile) total street length
within the neighborhood is initially programmed to be rehabilitated via mill and
overlay but this technique will need to be analyzed and verified by the consultant
as the correct approach.
• The Fox Hollow development was originally constructed between 1985 and 1988
except for Fox Dr which was constructed in 2005 and seal-coated in 2015. The
neighborhood has not been rehabilitated but it was seal-coated in 2006. It is
currently programmed to be rehabilitated via a full depth reclamation from TH 5 to
the intersection with Lake Dr E.
• A portion of Fox Hollow Dr between Pleasant Park Dr and the cul-de-sac on Fox
Hollow Dr is within North Lotus Lake Park and off-set within the existing right-of-
way. The City’s 2040 Comprehensive Plan identifies this segment to be re-aligned.
Additional analysis will likely be needed for this segment and it is expected to be
discussed in detail within the open house meetings and City Council meetings as it
will most likely be ‘political’ in nature. It is expected that alternatives will need to
be developed and an emphasis on communication will be needed regarding any
proposed re-alignment.
• Fox Hollow Ct is a private street constructed in 2007 and is not planned to be part
of the project except where planned work along Fox Hollow Dr interacts with this
minor development.
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B. Project Scope. The objective is to sample soil borings, cores, and provide geotechnical
evaluations and recommendations for roadway reconstruction and rehabilitation design.
Temporary traffic control as needed shall be paid as a lump sum item. This project shall provide
the following:
1. Quality photo documentation for cores. Photos must show dimensions and
characteristics clearly and legibly.
2. Pavement cores and soil borings. Preferred locations for the work shall be
coordinated with the City as the locations indicated in Section II. (A) of this RFP
are conceptual in nature.
• Nine (9) flight auger soil borings to 14.5-foot depth (to include pavement
cores), and
• Three (3) flight auger soil boring to 20-foot depth (to include pavement
cores), and
• Six (6) flight auger soil boring to 5-foot depth (to include pavement cores),
and
• Cores (12) additional pavement cores.
All borings and pavement cores shall be centered within vehicle wheel paths in
the travel lanes.
3. Gradation and depth of aggregate base section in all of the soil boring locations.
Include the following additional testing to evaluate frost susceptibility and
suitability for full depth reclamation in the Great Plains south of Hwy 5 to the
intersection of Lake Dr E, and Lake Dr. E from Great plains east to the northern
property line of Discovery United Methodist Church.
• Up to 15 moisture content tests (D2216) for use on wetter samples
• Up to 3 sieve-hydrometer analysis (D422, or recommended method)
• Propose other tests per Section III. (F) of this RFP
4. Classification of the sub-soils in the soil borings.
5. Provide draft and final reports. Provide street section evaluation and design
recommendations for each area and if necessary for specific street segments,
and utility trenching and backfill recommendations in the Frontier Trail, Kiowa
Circle, Del Rio Drive, and Iroquois Circle, based on the geotechnical information
obtained per the scope of this RFP. It is the City’s expectation that the draft
memo will be of quality and form as near as possible to the final memo for
review the City’s review.
6. Respond to questions regarding the final report during the design of the street
project. Include four (4) hours for this coordination.
7. Separate out the gradations and moisture content.
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C. Project Schedule. The City would prefer this work completed as soon as possible to allow
for substantial design time for the project, including unforeseen complications. This contract is
anticipated to be awarded at the city council meeting on July 14th, 2025. Include a schedule of
when all the work would be completed, including submission of a draft report by 4:00 pm,
Friday, September 12, 2025, and for delivering a final product to the City by 4:00 pm, Friday,
September 26, 2025. This work shall be completed by Friday, October 3rd, 2025. Plan for one
(1) week of review time and coordination for the City to review the draft report.
III. PROPOSAL
A. Submission of Proposal. All proposals must be e-mailed to Ben Phillips at:
bphillips@chanhassenmn.gov
Proposals shall be received by 4:00 pm (central time), Friday July 7th, 2025, Proposals
received after this time will not be accepted.
B. Proposal Format. Proposals shall be formatted for 8½" x 11" paper, with all text clear of
binding. Use of 11" x 17" format for large tables, charts or diagrams is permissible but shall
be limited. The proposal shall be clear and understandable when reproduced in black and
white.
Include, at a minimum, the following:
1. Identification of the offering firm(s), including name, address, and telephone
number of each firm.
2. Acknowledgement of receipt of RFP addenda, if any.
3. Name, title, address, email address and telephone numbers of the primary
contact person to use during period of proposal evaluation.
C. Consultant Team. Identify all team members and areas of responsibility. Resumes may be
included in the proposal.
D. Understanding of the Project. The Consultant shall provide a brief, concise description that
demonstrates the Consultant's understanding of the project and what needs to be done to
successfully complete the work scope and meet the overall project schedule. Discuss
familiarity of the consultant team members with respect to previous efforts in working with
the City.
E. Consultant Fee. A Not-To-Exceed fee shall be broken out per the fee estimate template
attached to this RFP. The estimate shall clearly identify any additions and reimbursable
expenses. Include cost for up to four (4) hours to coordinate with the selected design
consultant for any questions regarding the geotechnical report and data. A lump sum or
another contract type is not preferable.
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F. Additional Services. Other services outside the scope of this proposal that the firm feels
may be needed, if any, may be proposed. The firm also may propose cost-savings items.
Any modifications shall be noted separately in the proposal and not part of the overall not-
to-exceed fee.
G. Exceptions and Deviations. Any exceptions to the requirements in this RFP, including the
language in the contractual terms, must be included in the proposal. If the Consultant
proposes changes to the scope of work, include a description, reason for the change and
added/deducted engineering costs. Segregate all exceptions as a separate element of the
proposal under the heading "Exceptions and Deviations".
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20' boring & Core
14.5' boring & Core
Core
130
Core
5' boring & Core
131
$__________________13 Temporary Traffic
Control LS 1 $______________
$__________________TOTAL
14 Reimbursable Expenses Allowance 1 $__________________$______________
$__________________
12 Consultant Coordination HR 4
3 Staking and Utility
Clearance LS 1 $______________
$__________________10 Sieve-Hydrometer
Analysis EA 3 $______________
8 Gradation Test EA
Project Management LS
4 Core EA
Bore (including Core) - 5
foot depth
5 Bore (including Core) -
20 foot depth EA
Moisture Content Test EA 15 $______________ $__________________
TOTAL PRICE
2 Mobilization LS 1 $______________ $__________________
1 1 $______________ $__________________
ITEM NO. ITEM UNITS QUANTITY UNIT PRICE
$______________ $__________________
EA 6 $______________ $__________________
12 $______________ $__________________
18 $______________ $__________________
3 $______________ $__________________
9
9 $______________ $__________________
11 Evaluation, Reporting, &
Analysis LS 1 $______________ $__________________
6 Bore (including Core) -
14.5 foot depth EA
7
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City Council Item
July 14, 2025
Item Authorize Contract for Geotechnical Services for the Great Plains-Lake Drive
East Rehabilitation Project (#26-02)
File No.ENG project number 26-02 Item No: D.7
Agenda Section CONSENT AGENDA
Prepared By Ben Phillips, Engineering Technician III
Reviewed By Charlie Howley
SUGGESTED ACTION
"The Chanhassen City Council approves a professional services agreement with Braun Intertec for
geotechnical exploration and engineering services for the Great Plains-Lake Drive East
Rehabilitation Project."
Motion Type Simple Majority Vote of members present
Strategic
Priority Asset Management
SUMMARY
The Great Plains-Lake Drive East rehabilitation project requires geotechnical exploratory services in
preparation for the design phase of the project. A consulting services contract is needed to facilitate the
geotechnical scope of work for the project.
BACKGROUND
On June 20, 2025, the Engineering Department released a Request for Proposals (RFP) for the
geotechnical services required for the 26-02 project.
DISCUSSION
The Engineering Department prepared an RFP and solicited proposals from American Engineering
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Testing and Braun Intertec for the pavement and support aggregates/soil exploration, sample testing,
and geotechnical engineering services required for the project. Maps of the project areas are attached
and were included in the RFP.
Both firms submitted proposals for the following amounts:
Braun Intertec - $17,000.00
American Engineering Testing (AET) - $21,000.00
The proposals were reviewed to compare the proposed work scope, sequencing, schedule and estimated
costs. Each of the firms is capable of completing the required work and has successfully completed
similar work in the past for the city. Based on the review of the proposals, the Engineering staff
recommends that Braun Intertec be selected for the work.
As with all engineering contracts, the consultant will submit periodic invoices that staff will review
before processing. Staff will review the invoices for accuracy and conformance with the contract.
Funding for the geotechnical services is programmed within the overall project budget.
BUDGET
The fee proposed is within the overall project budget for geotechnical services.
RECOMMENDATION
Staff recommends the City Council awards a contract with Braun Intertec for the Great Plains-Lake
Drive East Rehabilitation Project geotechnical services.
ATTACHMENTS
PROFESSIONAL SERVICES AGREEMENT
26-02 Geotech RFP
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1
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PROFESSIONAL SERVICES AGREEMENT
AGREEMENT made this 14th day of July, 2025, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation ("City") and Braun Intertec Corporation
("Consultant").
IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES
AGREE AS FOLLOWS:
1. SCOPE OF SERVICES. The City retains Consultant for pavement and geotechnical
evaluation for the Lake Drive East /Great Plains Boulevard Project # 26-02.
2. CONTRACT DOCUMENTS. The following documents shall be referred to as the
"Contract Documents," all of which shall be taken together as a whole as the contract between the
parties as if they were set verbatim and in full herein:
A. This Professional Services Agreement;
B. Request for quote – Geotechnical Services dated June 20, 2025;
C. Insurance Certificate;
D. Consultant’s July 2, 2025 proposal for $17,000.00 (“Proposal”).
In the event of conflict among the provisions of the Contract Documents, the order in which they are
listed above shall control in resolving any such conflicts, with Contract Document “A” having the
first priority and Contract Document “D” having the last priority.
3. COMPENSATION. Consultant shall be paid by the City for the services described
in the Proposal a not to exceed fee of Seventeen Thousand Dollars ($17,000.00, inclusive of expenses.
Services performed directly by Consultant shall be paid at an hourly rate in accordance with the
Proposal, subject to the not to exceed fee. The not to exceed fees and expenses shall not be adjusted
if the estimated hours to perform a task, the number of required meetings, or any other estimate or
assumption is exceeded. Consultant shall bill the City as the work progresses. Payment shall be
made by the City within thirty-five (35) days of receipt of an invoice.
4. DOCUMENT OWNERSHIP. All reports, plans, models, diagrams, analyses, and
information generated in connection with performance of this Agreement shall be the property of
the City. The City may use the information for its purposes.
5. CHANGE ORDERS. All change orders, regardless of amount, must be approved
in advance and in writing by the City. No payment will be due or made for work done in advance
of such approval.
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6. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services
hereunder, Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the
provisions of services to be provided.
7. STANDARD OF CARE. Consultant shall exercise the same degree of care, skill,
and diligence in the performance of the services as is ordinarily possessed and exercised by a
professional consultant under similar circumstances. No other warranty, expressed or implied, is
included in this Agreement. City shall not be responsible for discovering deficiencies in the
accuracy of Consultant’s services.
8. INDEMNIFICATION. Consultant shall indemnify and hold harmless the City, its
officers, agents, and employees, of and from any and all claims, demands, actions, causes of action,
including costs and attorney's fees, arising out of or by reason of the execution or performance of the
services provided for herein and further agrees to defend at its sole cost and expense any action or
proceeding commenced for the purpose of asserting any claim of whatsoever character arising
hereunder.
9. INSURANCE. Consultant shall secure and maintain such insurance as will protect
Consultant from claims under the Worker’s Compensation Acts, automobile liability, and from claims
for bodily injury, death, or property damage which may arise from the performance of services under
this Agreement. Such insurance shall be written for amounts not less than:
Commercial General Liability $2,000,000 each occurrence/aggregate
Automobile Liability $2,000,000 combined single limit
Professional Liability $2,000,000 each occurrence/aggregate
The City shall be named as an additional insured on the general liability policy on a primary and non-
contributory basis. Before commencing work, the Consultant shall provide the City a certificate of
insurance evidencing the required insurance coverage in a form acceptable to City.
10. INDEPENDENT CONTRACTOR. The City hereby retains Consultant as an
independent contractor upon the terms and conditions set forth in this Agreement. Consultant is not
an employee of the City and is free to contract with other entities as provided herein. Consultant shall
be responsible for selecting the means and methods of performing the work. Consultant shall furnish
any and all supplies, equipment, and incidentals necessary for Consultant’s performance under this
Agreement. City and Consultant agree that Consultant shall not at any time or in any manner represent
that Consultant or any of Consultant's agents or employees are in any manner agents or employees of
the City. Consultant shall be exclusively responsible under this Agreement for Consultant’s own
FICA payments, workers compensation payments, unemployment compensation payments,
withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are
required to be paid by law or regulation.
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11. SUBCONTRACTORS. Consultant shall not enter into subcontracts for services
provided under this Agreement without the express written consent of the City. Consultant shall
comply with Minnesota Statutes § 471.425. Consultant must pay subcontractors for all undisputed
services provided by subcontractors within ten (10) days of Consultant’s receipt of payment from
City. Consultant must pay interest of one and five-tenths percent (1.5%) per month or any part of
a month to subcontractors on any undisputed amount not paid on time to subcontractors. The
minimum monthly interest penalty payment for an unpaid balance of One Hundred Dollars
($100.00) or more is Ten Dollars ($10.00).
12. CONTROLLING LAW/VENUE. This Agreement shall be governed by and
construed in accordance with the laws of the State of Minnesota. In the event of litigation, the
exclusive venue shall be in the District Court of the State of Minnesota for Carver County
Minnesota.
13. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Consultant must
comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it
applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created,
collected, received, stored, used, maintained, or disseminated by Consultant pursuant to this
Agreement. Consultant is subject to all the provisions of the Minnesota Government Data Practices
Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were
a government entity. In the event Consultant receives a request to release data, Consultant must
immediately notify City. City will give Consultant instructions concerning the release of the data to
the requesting party before the data is released. Consultant agrees to defend, indemnify, and hold
City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from
Consultant’s officers’, agents’, city’s, partners’, employees’, volunteers’, assignees’ or
subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall
survive the cancellation or termination of this Agreement.
14. COPYRIGHT. Consultant shall defend actions or claims charging infringement
of any copyright or software license by reason of the use or adoption of any software, designs,
drawings or specifications supplied by it, and it shall hold harmless the City from loss or damage
resulting therefrom.
15. PATENTED DEVICES, MATERIALS AND PROCESSES. If the Contract
requires, or the Consultant desires, the use of any design, devise, material or process covered by
letters, patent or copyright, trademark or trade name, the Consultant shall provide for such use by
suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed
with the City. If no such agreement is made or filed as noted, the Consultant shall indemnify and
hold harmless the City from any and all claims for infringement by reason of the use of any such
patented designed, device, material or process, or any trademark or trade name or copyright in
connection with the services agreed to be performed under the Contract, and shall indemnify and
defend the City for any costs, liability, expenses and attorney's fees that result from any such
infringement.
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16. RECORDS. Consultant shall maintain complete and accurate records of hours
worked and expenses involved in the performance of services.
17. ASSIGNMENT. Neither party shall assign this Agreement, or any interest arising
herein, without the written consent of the other party.
18. WAIVER. Any waiver by either party of a breach of any provisions of this
Agreement shall not affect, in any respect, the validity of the remainder of this Agreement.
19. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein.
This Agreement supersedes all oral agreements and negotiations between the parties relating to the
subject matter hereof, as well as any previous agreements presently in effect between the parties
relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the
provisions of this Agreement shall be valid only when expressed in writing and duly signed by the
parties, unless otherwise provided herein.
20. TERMINATION. This Agreement may be terminated by the City for any reason
or for convenience upon written notice to the Consultant. In the event of termination, the City shall
be obligated to the Consultant for payment of amounts due and owing including payment for
services performed or furnished to the date and time of termination.
Dated: _________________. CITY OF CHANHASSEN
BY: _____________________________________________
Elise Ryan, Mayor
BY: _____________________________________________
Laurie Hokkanen, City Manager
Dated: _________________. ________________________________________________
BY: _____________________________________________
Its
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REQUEST FOR PROPOSALS
2026 CITY PAVEMENT REHAB PROJECT (#26-02)
Distributed: November 6th, 2025
I. INTRODUCTION
The City of Chanhassen is issuing this Request for Proposals (RFP) for professional services
necessary to obtain geotechnical reports to allow the City to successfully scope and design the
2025 City Pavement Rehabilitation Project. In general, the RFP’s scope of work includes
pavement cores and soil borings, gradations, soil classifications, and geotechnical evaluations
and recommendations for road design and utility trenching and backfill. As-built construction
record drawings associated with the project areas are available upon request to assist in the
preparation of proposals.
A. RFP Content. This RFP contains the following sections:
I. Introduction
II. Project Information
III. Proposal
B. Addenda/Clarifications. Any changes to this RFP will be made by written addendum.
Verbal modification will not be binding.
C. Pre-Contractual Expenses. The City will not be responsible for any pre-contractual
expenses. Pre-contractual expenses are defined as expenses incurred by the Consultant in:
1. Preparing its proposal in response to this RFP;
2. Submitting that proposal to the City of Chanhassen;
3. Negotiating with the City of Chanhassen any matter related to this proposal; or
4. Any other expenses incurred by the Consultant prior to the date of execution of
the Professional Services Agreement.
D. Contract Award. Issuance of this RFP and receipt of proposals does not commit the City of
Chanhassen to award a contract. The City of Chanhassen reserves the right to postpone the
opening for its own convenience, to accept or reject any or all proposals received in response to
this RFP, to negotiate with other than the selected Consultant should negotiations with the
selected be terminated, to negotiate with more than one Consultant simultaneously, or to
cancel all or part of this RFP. The Consultant must sign the City of Chanhassen’s Professional
Services Agreement (PSA) and this will be used as the contract agreement. The PSA is attached
to this RFP.
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E. Contact Person. The Consultant's contact for specific questions regarding information in this
proposal is:
Ben Phillips
Construction Manager
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
(952) 227-1166
bphillips@chanhassenmn.gov
II. PROJECT INFORMATION
A. Project Area and Identified Improvements.
Approximately a half (0.5) mile of roadway is proposed to be rehabilitated or reconstructed
within a commercial area which also provides access to a residential area of Chanhassen.
The project area consists of two primary MSA streets: Lake Dr E between Great Plains
Blvd and Dakota Ave plus Great Plains Blvd between TH 5 and Lake Dr E. Both segments
have been designated by the city as municipal state aid segments. The area proposed for
improvements is shown in the attached Figures.
• Lake Dr E was originally constructed between 1983 and 1987. It was last seal-
coated in 2012. This ~1450-foot street segment is currently programmed to be
rehabilitated via a full depth reclamation from the tie in point on the east end near
Dakota Ave to the intersection with Great Plains Blvd.
• This ~550-foot segment of Great Plains Blvd was originally constructed in 1973,
last reconstructed in 1991, and last rehabilitated in 2001. It was seal-coated in 2013.
It is currently programmed to be rehabilitated via a full depth reclamation from TH
5 to the intersection with Lake Dr E.
• The intersection of Great Plains Blvd and Lake Dr E is expected to either be
rehabilitated via a full depth reclamation or reconstructed and reconfigured after a
full intersection analysis has been completed and the City has selected the preferred
configuration. It is expected the preliminary design include an intersection control
evaluation report including performing traffic counts.
B. Project Scope. The objective is to sample soil borings, cores, and provide geotechnical
evaluations and recommendations for roadway reconstruction and rehabilitation design.
Temporary traffic control as needed shall be paid as a lump sum item. This project shall provide
the following:
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1. Quality photo documentation for cores. Photos must show dimensions and
characteristics clearly and legibly.
2. Pavement cores and soil borings. Preferred locations for the work shall be
coordinated with the City as the locations indicated in Section II. (A) of this RFP
are conceptual in nature.
• Six (6) flight auger soil borings to 14.5-foot depth (to include pavement
cores), and
• Three (3) additional pavement cores.
All borings and pavement cores shall be centered within vehicle wheel paths in
the travel lanes.
3. Gradation and depth of aggregate base section in all of the soil boring locations.
Include the following additional testing to evaluate frost susceptibility and
suitability for full depth reclamation in the Great Plains south of Hwy 5 to the
intersection of Lake Dr E, and Lake Dr. E from Great plains east to the northern
property line of Discovery United Methodist Church.
• Up to 5 moisture content tests (D2216) for use on wetter samples
• Up to 2 sieve-hydrometer analysis (D422, or recommended method)
• Propose other tests per Section III. (F) of this RFP
4. Classification of the sub-soils in the soil borings.
5. Provide draft and final reports. Provide street section evaluation and design
recommendations for each area and if necessary for specific street segments,
and utility trenching and backfill recommendations in the Frontier Trail, Kiowa
Circle, Del Rio Drive, and Iroquois Circle, based on the geotechnical information
obtained per the scope of this RFP. It is the City’s expectation that the draft
memo will be of quality and form as near as possible to the final memo for
review the City’s review.
6. Respond to questions regarding the final report during the design of the street
project. Include four (4) hours for this coordination.
7. Separate out the gradations and moisture content.
C. Project Schedule. The City would prefer this work completed as soon as possible to allow
for substantial design time for the project, including unforeseen complications. This contract is
anticipated to be awarded at the city council meeting on July 14th, 2025. Include a schedule of
when all the work would be completed, including submission of a draft report by 4:00 pm,
Friday, September 12, 2025, and for delivering a final product to the City by 4:00 pm, Friday,
September 26, 2025. This work shall be completed by Friday, October 3rd, 2025. Plan for one
(1) week of review time and coordination for the City to review the draft report.
III. PROPOSAL
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A. Submission of Proposal. All proposals must be e-mailed to Ben Phillips at:
bphillips@chanhassenmn.gov
Proposals shall be received by 4:00 pm (central time), on Friday July 7th, 2025, Proposals
received after this time will not be accepted.
B. Proposal Format. Proposals shall be formatted for 8½" x 11" paper, with all text clear of
binding. Use of 11" x 17" format for large tables, charts or diagrams is permissible but shall
be limited. The proposal shall be clear and understandable when reproduced in black and
white.
Include, at a minimum, the following:
1. Identification of the offering firm(s), including name, address, and telephone
number of each firm.
2. Acknowledgement of receipt of RFP addenda, if any.
3. Name, title, address, email address and telephone numbers of the primary
contact person to use during period of proposal evaluation.
C. Consultant Team. Identify all team members and areas of responsibility. Resumes may be
included in the proposal.
D. Understanding of the Project. The Consultant shall provide a brief, concise description that
demonstrates the Consultant's understanding of the project and what needs to be done to
successfully complete the work scope and meet the overall project schedule. Discuss
familiarity of the consultant team members with respect to previous efforts in working with
the City.
E. Consultant Fee. A Not-To-Exceed fee shall be broken out per the fee estimate template
attached to this RFP. The estimate shall clearly identify any additions and reimbursable
expenses. Include cost for up to four (4) hours to coordinate with the selected design
consultant for any questions regarding the geotechnical report and data. A lump sum or
another contract type is not preferable.
F. Additional Services. Other services outside the scope of this proposal that the firm feels
may be needed, if any, may be proposed. The firm also may propose cost-savings items.
Any modifications shall be noted separately in the proposal and not part of the overall not-
to-exceed fee.
G. Exceptions and Deviations. Any exceptions to the requirements in this RFP, including the
language in the contractual terms, must be included in the proposal. If the Consultant
proposes changes to the scope of work, include a description, reason for the change and
142
added/deducted engineering costs. Segregate all exceptions as a separate element of the
proposal under the heading "Exceptions and Deviations".
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||||||||Lake
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As-Built: 85-08-005
Cartegraph Installation: 6/1/1987
Inspection PCI: 69.96
Inspection Date: 2024-08-02
As-Built: 1002-51
Cartegraph Installation: 6/1/1991
Inspection PCI: 68.76
Inspection Date: 2024-08-02
As-Built: 83-08-006
Cartegraph Installation: 6/1/1987
Inspection PCI: 45.8
Inspection Date: 2024-08-02
As-Built: 85-08-005
Cartegraph Installation: 6/1/1987
Inspection PCI: 47.72
Inspection Date: 2024-08-02
Document Path: K:\Departments\Engineering\Projects\26-02 Great Plains-Lake Drive East Rehab Project\26-02 Rehab.aprxStreet Details: Lake Dr
City of Chanhassen
Legend
||Pavement Segment
µ0 0.03
Mile
0 150
Feet
Date Created: 3/11/2025
Created By: City of Chanhassen - Engineering Department
14.5' boring & Core
Core
5' boring & Core
144
8
4 $______________ $__________________
10 Evaluation, Reporting, &
Analysis LS 1 $______________ $__________________
5 Bore (including Core) -
15 foot depth EA
6
4 $______________ $__________________
4 $______________ $__________________
$______________ $__________________
EA 2 $______________ $__________________
TOTAL PRICE
2 Mobilization LS 1 $______________ $__________________
1 1 $______________ $__________________
ITEM NO. ITEM UNITS QUANTITY UNIT PRICE
Moisture Content Test EA 5 $______________ $__________________
7 Gradation Test EA
Project Management LS
4 Core EA
Bore (including Core) - 5
foot depth
$__________________
11 Consultant Coordination HR 4
3 Staking and Utility
Clearance LS 1 $______________
$__________________9 Sieve-Hydrometer
Analysis EA 2 $______________
$__________________TOTAL
12 Reimbursable Expenses Allowance 1 $__________________$______________
145
City Council Item
July 14, 2025
Item Approve Contract for Annual Sanitary and Storm Sewer Televising
File No.26-04 Item No: D.8
Agenda Section CONSENT AGENDA
Prepared By Mackenze Grunig, Project Engineer
Reviewed By Charlie Howley
SUGGESTED ACTION
"The Chanhassen City Council approves a contract for Sanitary and Storm Sewer Televising Project
No. 26-04 with Pipe Services for a not-to-exceed amount of $38,242.40."
Motion Type Simple Majority Vote of members present
Strategic
Priority Asset Management
SUMMARY
BACKGROUND
DISCUSSION
Sanitary sewer televising consists of cleaning out the sanitary sewer and recording video of the lengths
of pipe in the upcoming city project areas. Storm sewer televising will only consist of cleaning
operations when the pipe has sufficient debris that inhibits the camera from continuing down the line
being inspected. The contractor will report the deficiencies observed during the video examination of
the pipes.
The City of Chanhassen put out a request for quotes to seven contractors on June 27, 2025. Five quotes
were received. Quotes were reviewed based on the total amount for mobilization, sanitary sewer
146
televising and cleaning, and storm sewer televising. Based on the unit prices from the quotes received,
staff finds the quotes to be reasonable given the work to be completed. The low bidder, Pipe Services,
has completed similar work for the City of Chanhassen previously and their work was acceptable.
BUDGET
Funding for this work has been budgeted for in the Capital Improvement Plan (CIP), Project SS-012,
and Project ST-012. $25,939.33 of the funding will come from SS-012 for the portion of sanitary sewer
televising and cleaning associated with the contract, and $12,485.07 of the funding will come from ST-
012 for the portion of the storm sewer televising.
Staff is proposing a not-to-exceed contract for 110% of the low bid, or $38,424.40, in the event
unexpected emergency services or quantity overruns are required.
RECOMMENDATION
Staff recommends approving the sewer televising contract.
ATTACHMENTS
2026-04 Form of Agreement
2026 General Conditions 2025
2026-04 RFQ
2026 Sanitary Areas - Maps
2026 Storm Areas - Maps
Pipe Services Quote
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FORM OF AGREEMENT
BETWEEN CITY OF CHANHASSEN AND CONTRACTOR
FOR
2026 SANITARY SEWER I&I PROJECT NO 26-04
THIS AGREEMENT, made this 14th day of July, 2025, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation (“Owner”) and THE FATHER SOLANUS
CASEY MISSION LLC, a Minnesota limited liability company, dba Pipe Services
(“Contractor”). Owner and Contractor, in consideration of the mutual covenants set forth herein,
agree as follows:
1. CONTRACT DOCUMENTS. The following documents shall be referred to as
the “Contract Documents”, all of which shall be taken together as a whole as the contract
between the parties as if they were set verbatim and in full herein:
A. This Agreement;
B. Request for Quote dated June 27, 2025;
C. 2025 General Conditions;
D. 2025 Sanitary and Storm Sewer Construction Specifications – Section
19.00.
E. Quote/Bid dated July 3rd, 2025.
In the event of a conflict among the provisions of the Contract Documents, the order in which
they are listed above shall control in resolving any such conflicts with Contract Document “A”
having the first priority and Contract Document “E” having the last priority.
2. OBLIGATIONS OF THE CONTRACTOR. The contractor shall provide the
goods, services, and perform the work in accordance with the Contract Documents.
3. CONTRACT PRICE. Owner shall pay Contractor for completion of the Work
in accordance with the Contract Documents the amount of Thirty-eight thousand two hundred
eighty-four dollars 40/100 ($38,284.40).
4. PAYMENT PROCEDURES.
A. Contractor shall submit Applications for Payment. Applications for
Payment will be processed by Engineer as provided in the General
Conditions.
B. Progress Payments; Retainage. Owner shall make 95% progress payments
on account of the Contract Price on the basis of Contractor’s Applications
for Payment during performance of the Work.
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C. Payments to Subcontractor.
(1) Prompt Payment to Subcontractors. Pursuant to Minn. Stat. §
471.25, Subd. 4a, the Contractor must pay any subcontractor
within ten (10) days of the Contractor’s receipt of payment from
the City for undisputed services provided by the subcontractor.
The Contractor must pay interest of 1 ½ percent per month or any
part of a month to the Subcontractor on any undisputed amount not
paid on time to the subcontractor. The minimum monthly interest
penalty payment for an unpaid balance of $100.00 or more is
$10.00. For an unpaid balance of less than $100.00, the Contractor
shall pay the actual penalty due to the subcontractor.
(2) Form IC-134 (attached) required from general contractor. Minn.
Stat. § 290.92 requires that the City of Chanhassen obtain a
Withholding Affidavit for Contractors, Form IC-134, before
making final payments to Contractors. This form needs to be
submitted by the Contractor to the Minnesota Department of
Revenue for approval.
The form is used to receive certification from the state that the
vendor has complied with the requirement to withhold and remit
state withholding taxes for employee salaries paid.
D. Final Payment. Upon final completion of the Work, Owner shall pay the
remainder of the Contract Price as recommended by Engineer.
5. COMPLETION DATE/LIQUIDATED DAMAGES.
A. The Work associated with the Project must be completed and ready for
final payment in accordance with the General Conditions by August 29,
2025.
B. Contract and Owner recognize that time is of the essence of this
Agreement and that Owner will suffer financial loss if the Work is not
completed within the times specified in Paragraph 5.A. above, plus any
extensions thereof allowed. The parties also recognize the delays,
expense, and difficulties involved in proving in a legal or arbitration
proceeding the actual loss suffered by Owner if the Work is not completed
on time. Accordingly, instead of requiring any such proof, Owner and
Contractor agree that as liquidated damages for delay (but not as a
penalty), Contractor shall pay Owner $400.00 for each calendar day that
expires after the time specified in Paragraph 5.A. for Completion until the
Work is complete.
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Daily costs are based on MnDOT Table 1807.1-1, "Schedule of Liquidated
Damages as follows:
TABLE 1807.1-1
SCHEDULE OF LIQUIDATED DAMAGES
Original Contract Amount Charge Per
Cal. Day, ($)
From More Than ($) To and Including ($)
0 25,000 300
25,000 100,000 400
100,000 500,000 900
500,000 1,000,000 1,200
1,000,000 2,000,000 1,500
2,000,000 5,000,000 2,500
5,000,000 10,000,000 3,000
10,000,000 --- 3,500
6. CONTRACTOR’S REPRESENTATIONS.
A. Contractor has examined and carefully studied the Contract Documents
and other related data identified in the Contract Documents.
B. Contractor has visited the Site and become familiar with and is satisfied as
to the general, local, and Site conditions that may affect cost, progress, and
performance of the Work.
C. Contractor is familiar with and is satisfied as to all federal, state, and local
Laws and Regulations that may affect cost, progress, and performance of
the Work.
D. Contractor has carefully studied all: (1) reports of explorations and tests
of subsurface conditions at or contiguous to the Site and all drawings of
physical conditions in or relating to existing surface or subsurface
structures at or contiguous to the Site (except Underground Facilities)
which have been identified in the General Conditions and (2) reports and
drawings of a Hazardous Environmental Condition, if any, at the site.
E. Contractor has obtained and carefully studied (or assumes responsibility
for doing so) all additional or supplementary examinations, investigations,
explorations, tests, studies, and data concerning conditions (surface,
subsurface, and Underground Facilities) at or contiguous to the Site which
may affect cost, progress, or performance of the Work or which relate to
any aspect of the means, methods, techniques, sequences, and procedures
of construction to be employed by Contractor, including any specific
means, methods, techniques, sequences, and procedures of construction
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expressly required by the Bidding Documents, and safety precautions and
programs incident thereto.
F. Contractor does not consider that any further examinations, investigations,
explorations, tests, studies, or data are necessary for the performance of
the Work at the Contract Price, within the Contract Times, and in
accordance with the other terms and conditions of the Contract
Documents.
G. Contractor is aware of the general nature of work to be performed by
Owner and others at the Site that relates to the Work as indicated in the
Contract Documents.
H. Contractor has correlated the information known to Contractor,
information and observations obtained from visits to the Site, reports and
drawings identified in the Contract Documents, and all additional
examinations, investigations, explorations, tests, studies, and data with the
Contract Documents.
I. Contractor has given Engineer written notice of all conflicts, errors,
ambiguities, or discrepancies that Contractor has discovered in the
Contract Documents, and the written resolution thereof by Engineer is
acceptable to Contractor.
J. The Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performance and furnishing
of the Work.
K. Subcontracts:
(1) Unless otherwise specified in the Contract Documents, the
Contractor shall, upon receipt of the executed Contract Documents,
submit in writing to the Owner the names of the Subcontractors
proposed for the work. Subcontractors may not be changed except
at the request or with the consent of the Owner.
(2) The Contractor is responsible to the Owner for the acts and
omissions of the Contractor's subcontractors, and of their direct
and indirect employees, to the same extent as the Contractor is
responsible for the acts and omissions of the Contractor's
employees.
(3) The Contract Documents shall not be construed as creating any
contractual relation between the Owner, the Engineer, and any
Subcontractor.
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(4) The Contractor shall bind every Subcontractor by the terms of the
Contract Documents.
7. WORKER’S COMPENSATION. The Contractor shall obtain and maintain for
the duration of this Contract, statutory Worker’s Compensation Insurance and Employer’s
Liability Insurance as required under the laws of the State of Minnesota.
8. COMPREHENSIVE GENERAL LIABILITY. Contractor shall obtain the
following minimum insurance coverage and maintain it at all times throughout the life of the
Contract, with the City included as an additional name insured on a primary and non-
contributory basis. The Contractor shall furnish the City a certificate of insurance satisfactory to
the City evidencing the required coverage:
Bodily Injury: $2,000,000 each occurrence
$2,000,000 aggregate products and
completed operations
Property Damage: $2,000,000 each occurrence
$2,000,000 aggregate
Contractual Liability (identifying the contract):
Bodily Injury: $2,000,000 each occurrence
Property Damage: $2,000,000 each occurrence
$2,000,000 aggregate
Personal Injury, with Employment Exclusion deleted:
$2,000,000 aggregate
Comprehensive Automobile Liability (owned, non-owned, hired):
Bodily Injury: $2,000,000 each occurrence
$2,000,000 each accident
Property Damage: $2,000,000 each occurrence
9. WARRANTY. The Contractor guarantees that all new equipment warranties as
specified within the quote shall be in full force and transferred to the City upon payment by the
City. The Contractor shall be held responsible for any and all defects in workmanship, materials,
and equipment which may develop in any part of the contracted service, and upon proper
notification by the City shall immediately replace, without cost to the City, any such faulty part
or parts and damage done by reason of the same in accordance with the bid specifications.
10. INDEMNITY. The Contractor agrees to indemnify and hold the City harmless
from any claim made by third parties as a result of the services performed by it. In addition, the
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Contractor shall reimburse the City for any cost of reasonable attorney’s fees it may incur as a
result of any such claims.
11. MISCELLANEOUS.
A. Terms used in this Agreement have the meanings stated in the General
Conditions.
B. Owner and Contractor each binds itself, its partners, successors, assigns
and legal representatives to the other party hereto, its partners, successors,
assigns and legal representatives in respect to all covenants, agreements,
and obligations contained in the Contract Documents.
C. Any provision or part of the Contract Documents held to be void or
unenforceable under any Law or Regulation shall be deemed stricken, and
all remaining provisions shall continue to be valid and binding upon
Owner and Contractor, who agree that the Contract Documents shall be
reformed to replace such stricken provision or part thereof with a valid and
enforceable provision that comes as close as possible to expressing the
intention of the stricken provisions.
D. Data Practices/Records.
(1) All data created, collected, received, maintained or disseminated
for any purpose in the course of this Contract is governed by the
Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any
other applicable state statute, or any state rules adopted to
implement the act, as well as federal regulations on data privacy.
(2) All books, records, documents and accounting procedures and
practices to the Contractor and its subcontractors, if any, relative to
this Contract are subject to examination by the City.
E. Software License. If the equipment provided by the Contractor pursuant
to this Contract contains software, including that which the manufacturer
may have embedded into the hardware as an integral part of the
equipment, the Contractor shall pay all software licensing fees. The
Contractor shall also pay for all software updating fees for a period of one
year following cutover. The Contractor shall have no obligation to pay for
such fees thereafter. Nothing in the software license or licensing
agreement shall obligate the City to pay any additional fees as a condition
for continuing to use the software.
F. Patented devices, materials and processes. If the Contract requires, or the
Contractor desires, the use of any design, devise, material or process
covered by letters, patent or copyright, trademark or trade name, the
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Contractor shall provide for such use by suitable legal agreement with the
patentee or owner and a copy of said agreement shall be filed with the
Owner. If no such agreement is made or filed as noted, the Contractor
shall indemnify and hold harmless the Owner from any and all claims for
infringement by reason of the use of any such patented designed, device,
material or process, or any trademark or trade name or copyright in
connection with the Project agreed to be performed under the Contract,
and shall indemnify and defend the Owner for any costs, liability,
expenses and attorney's fees that result from any such infringement
G. Assignment. Neither party may assign, sublet, or transfer any interest or
obligation in this Contract without the prior written consent of the other
party, and then only upon such terms and conditions as both parties may
agree to and set forth in writing.
H. Waiver. In the particular event that either party shall at any time or times
waive any breach of this Contract by the other, such waiver shall not
constitute a waiver of any other or any succeeding breach of this Contract
by either party, whether of the same or any other covenant, condition or
obligation.
I. Governing Law/Venue. The laws of the State of Minnesota govern the
interpretation of this Contract. In the event of litigation, the exclusive
venue shall be in the District Court of the State of Minnesota for Carver
County.
J. Severability. If any provision, term or condition of this Contract is found
to be or become unenforceable or invalid, it shall not affect the remaining
provisions, terms and conditions of this Contract, unless such invalid or
unenforceable provision, term or condition renders this Contract
impossible to perform. Such remaining terms and conditions of the
Contract shall continue in full force and effect and shall continue to
operate as the parties’ entire contract.
K. Entire Agreement. This Contract represents the entire agreement of the
parties and is a final, complete and all inclusive statement of the terms
thereof, and supersedes and terminates any prior agreement(s),
understandings or written or verbal representations made between the
parties with respect thereto.
L. Permits and Licenses; Rights-of-Way and Easements. The Contractor
shall procure all permits and licenses, pay all charges and fees therefore,
and give all notices necessary and incidental to the construction and
completion of the Project. The City will obtain all necessary rights-of-
way and easements. The Contractor shall not be entitled to any additional
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compensation for any construction delay resulting from the City’s not
timely obtaining rights-of-way or easements.
M. If the work is delayed or the sequencing of work is altered because of the
action or inaction of the Owner, the Contractor shall be allowed a time
extension to complete the work but shall not be entitled to any other
compensation.
CITY OF CHANHASSEN CONTRACTOR:
THE FATHER SOLANUS CASEY
MISSION LLC
DBA PIPE SERVICES
BY: BY:
Elise Ryan, Mayor
Print Name: __________________
BY: Its _________________
Laurie Hokkanen, City Manager
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GENERAL CONDITIONS
Table of Contents
SECTION 1.00 - DEFINITIONS .................................................................................................... 4
SECTION 2.00 - BIDDING REQUIREMENTS AND CONDITIONS ...................................... 8
2.01 QUALIFICATIONS OF BIDDERS ............................................................................. 8
2.02 CONTRACT DOCUMENT INTERPRETATIONS .................................................... 9
2.03 INTERPRETATION OF QUANTITIES IN BID SCHEDULE ................................ 10
2.04 SITE INVESTIGATION ............................................................................................ 10
2.05 SUBMISSION OF PROPOSAL ................................................................................. 10
2.06 PROPOSAL GUARANTY ........................................................................................ 11
2.07 AFFIDAVIT OF NON-COLLUSION ....................................................................... 11
2.08 WITHDRAWAL OF PROPOSALS .......................................................................... 11
SECTION 3.00 - AWARD AND EXECUTION OF CONTRACT ........................................... 12
3.01 EVALUATION OF PROPOSALS ............................................................................ 12
3.02 CONTRACT AWARD AND EXECUTION ............................................................ 12
3.03 PROPOSAL ALTERNATES ...................................................................................... 13
3.04 CONTRACT SECURITY & GUARANTY ............................................................... 13
3.05 PRECONSTRUCTION CONFERENCE .................................................................... 14
3.06 FAILURE TO EXECUTE CONTRACT .................................................................... 14
SECTION 4.00 - SCOPE OF WORK .......................................................................................... 15
4.01 ADDITIONAL INSTRUCTIONS .............................................................................. 15
4.02 CHANGES OR ALTERATIONS IN THE WORK .................................................... 15
4.03 ORAL AGREEMENTS ............................................................................................... 15
4.04 INTERPRETATIONS AND CHANGE ORDERS ..................................................... 16
4.05 SALVAGE .................................................................................................................. 16
4.06 FOSSILS ...................................................................................................................... 16
4.07 CLEANUP ................................................................................................................... 16
SECTION 5.00 - CONTROL OF WORK ................................................................................... 17
5.01 ENGINEER'S RESPONSIBILITY AND AUTHORITY ........................................... 17
5.02 INTENT OF PLANS AND SPECIFICATIONS ........................................................ 18
5.03 SHOP DRAWINGS ..................................................................................................... 18
5.04 DIMENSIONS ............................................................................................................ 18
5.05 MODELS ..................................................................................................................... 18
5.06 ADEQUACY OF PLANS AND SPECIFICATIONS ................................................. 18
5.07 CONFLICT .................................................................................................................. 19
5.08 DISCREPANCIES IN PLANS ................................................................................... 19
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5.09 SEPARATE CONTRACTS ........................................................................................ 19
5.10 PLANS AND SPECIFICATIONS AT JOB SITE ....................................................... 20
5.11 MOVING OF PUBLIC AND PRIVATE UTILITIES ................................................ 20
5.12 PROTECTION OF EXISTING IMPROVEMENTS AND UTILITIES ..................... 20
5.13 DAMAGE TO EXISTING IMPROVEMENTS OR UTILITIES ............................... 21
5.14 MONUMENTS AND STAKES .................................................................................. 23
5.15 INSPECTORS ............................................................................................................. 23
5.16 EXAMINATION OF COMPLETED WORK ............................................................ 23
5.17 OWNER'S RIGHT TO CORRECT DEFICIENCIES ................................................. 24
5.18 TRAFFIC CONTROL AND MAINTENANCE ......................................................... 24
5.19 TRAFFIC CONTROL WITHIN AND ABUTTING THE PROJECT .................... 25
5.20 REMOVAL OF CONSTRUCTION EQUIPMENT, TOOLS AND SUPPLIES ........ 25
5.21 SUSPENSION OF WORK BY ENGINEER ............................................................ 25
5.22 SUSPENSION OF WORK BY OWNER ................................................................... 26
SECTION 6.00 - CONTROL OF MATERIALS AND WORKMANSHIP .............................. 27
6.01 QUALITY OF EQUIPMENT AND MATERIALS .................................................... 27
6.02 TESTING .................................................................................................................... 28
6.03 USE OF PREMISES .................................................................................................... 28
6.04 STORAGE OF MATERIALS ..................................................................................... 28
6.05 MANUFACTURER'S DIRECTIONS ........................................................................ 28
6.06 REJECTED WORK AND MATERIALS ................................................................... 28
6.07 MATERIALS FURNISHED BY THE OWNER ........................................................ 29
6.08 MATERIALS FURNISHED BY THE CONTRACTOR ............................................ 29
6.09 UNACCEPTABLE WORK & MATERIALS ............................................................ 29
SECTION 7.00 - LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC .................. 31
7.01 COMPREHENSIVE GENERAL LIABILITY ........................................................... 31
7.02 CONSTRUCTION DAYS AND HOURS ................................................................... 31
7.03 DRUG AND ALCOHOL TESTING ........................................................................... 32
7.04 WATER ....................................................................................................................... 32
7.05 NOISE ELIMINATION .............................................................................................. 32
7.06 PATENTS .................................................................................................................... 32
7.07 PRIVILEGES OF CONTRACTOR IN STREETS, RIGHTS-OF-WAY AND
EASEMENTS .............................................................................................................. 32
7.08 DISCRIMINATION ON ACCOUNT OF RACE, CREED, OR COLOR .................. 33
7.09 SAFETY ...................................................................................................................... 33
7.10 SANITARY PROVISIONS ........................................................................................ 34
7.11 RAILROAD CROSSINGS ......................................................................................... 34
7.12 USE OF EXPLOSIVES ............................................................................................... 34
7.13 PRIVATE PROPERTY ............................................................................................... 34
7.14 RIGHT TO USE IMPROVEMENT ............................................................................ 35
7.15 CONTRACTOR'S RESPONSIBILITIES ................................................................... 35
7.16 LANDS BY OWNER .................................................................................................. 36
7.17 LANDS BY CONTRACTOR ..................................................................................... 36
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SECTION 8.00 - PROSECUTION AND PROGRESS ............................................................... 37
8.01 SUBCONTRACTS ...................................................................................................... 37
8.02 CONTRACTOR'S SUPERINTENDENT ................................................................... 37
8.03 CONTRACTOR'S EMPLOYEES ............................................................................... 37
8.04 INJUNCTIONS ........................................................................................................... 38
8.05 RIGHTS OF VARIOUS INTEREST .......................................................................... 38
8.06 WORK DURING AN EMERGENCY ........................................................................ 38
8.07 DELAYS AND EXTENSION OF CONTRACT TIME ............................................. 38
8.08 CONSTRUCTION SCHEDULE & LIQUIDATED DAMAGES .............................. 39
8.09 OWNER'S RIGHT TO TERMINATE CONTRACT & COMPLETE THE WORK . 40
8.10 CONTRACTOR'S RIGHT TO TERMINATE CONTRACT ..................................... 41
SECTION 9.00 - MEASUREMENT AND PAYMENT ............................................................. 42
9.01 MEASUREMENT ....................................................................................................... 42
9.02 SCOPE OF PAYMENT .............................................................................................. 42
9.03 PAYMENT FOR EXTRA WORK .............................................................................. 42
9.04 PROGRESS PAYMENTS, RETAINED PERCENTAGE ......................................... 44
9.05 ENGINEER'S ACTION ON REQUEST FOR PAYMENT ....................................... 45
9.06 OWNER'S ACTION ON AN APPROVED REQUEST FOR PAYMENT ............... 46
9.07 PAYMENT FOR WORK BY THE OWNER ............................................................. 46
9.08 PAYMENT FOR UNCORRECTED WORK ............................................................. 46
9.09 PAYMENT FOR REJECTED WORK AND MATERIALS ...................................... 46
9.10 PAYMENT FOR WORK SUSPENDED BY THE OWNER ..................................... 46
9.11 PAYMENT FOR WORK FOLLOWING OWNER'S TERMINATION OF THE
CONTRACT ................................................................................................................ 47
9.12 PAYMENT FOR WORK TERMINATED BY THE CONTRACTOR ................... 47
9.13 RELEASE OF LIENS ................................................................................................. 47
9.14 ACCEPTANCE AND FINAL PAYMENT ................................................................ 47
9.15 TERMINATION OF CONTRACTOR'S RESPONSIBILITY ................................... 48
9.16 CORRECTION OF FAULTY WORK AFTER FINAL PAYMENT ......................... 48
9.17 FAILURE TO PAY FOR LABOR AND MATERIALS ............................................. 48
9.18 CONTRACT DOCUMENTS: ..................................................................................... 48
9.19 AS-BUILT REQUIREMENTS .................................................................................. 73
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SECTION 1.00 - DEFINITIONS
1.01 GENERAL: For the purposes of the Contract Documents and any documents or
instruments dealing with the construction, operations governed by these documents,
the terms defined in this section have the meanings given them.
1.02 ADDENDUM: A supplement to the proposal form as originally issued or printed,
covering additions, corrections, or changes in the bidding conditions for the
advertised work, that is issued by the Contracting Authority to prospective bidders
prior to the date set for opening of proposals.
1.03 BID: The written offer or copy thereof of a bidder to perform the work described by
the Contract Documents when made out and submitted on the prescribed bid form
properly signed and guaranteed.
1.04 BIDDER: An individual, firm, partnership or corporation, or combination thereof,
submitting a bid for the work contemplated and acting directly or through a duly
authorized representative.
1.05 CALENDAR DAY: Every day shown on the calendar.
1.06 CHANGE ORDER: A written order to the Contractor authorizing an addition, deletion
or revision in the work within the general scope of the Contract Documents, or
authorizing an adjustment in the contract price or time of completion.
1.07 CONTRACT: The written agreement between the Contracting Authority and the
Contractor setting forth their obligations, including, but not limited to, the
performance of the work, the furnishing of labor and materials, the basis of payment,
and other requirements contained in the Contract Documents.
The Contract Documents consist of the following:
(1) Legal and Procedural Documents
(a) Advertisement for Bids
(b) Information for Bidders
(c) Bid
(d) Proposal Guaranty
(e) Contract
(f) Performance Bond
(g) Payment Bond
(h) Affidavit of Non-Collusion
(i) Contractor Verification of Compliance
(j) Responsible Contractor Verification Of Compliance
(k) Certificate of Insurance
(l) Notice of Award
(m) Notice to Proceed
(2) Special Provisions
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(3) Specifications
(4) General Conditions
(5) Plans
(6) Addenda
(7) Supplemental Agreements & Change Orders
1.08 PERFORMANCE BOND: The Contractor's Performance Bond required by the
Contract Documents.
1.09 PAYMENT BOND: The Contractor’s Payment Bond required by the Contract
Documents.
1.10 CONTRACT PRICE: The total moneys payable to the Contractor under the terms and
conditions of the Contract Documents.
1.11 CONTRACTOR: The person, firm or corporation with whom the Owner has
executed the contract agreement.
1.12 DRUG AND ALCOHOL TESTING: Refers to the Federal Highway Administration
(FHWA) drug use and alcohol testing rules published February 15, 1994, which apply
to persons required to have a commercial driver's license (CDL).
1.13 CITY ENGINEER: The City of Chanhassen’s employee in charge of overseeing all
capital projects and engineering matters.
1.14 ENGINEER: The duly authorized engineering representative of the Owner, acting
directly or through his/her designated representatives who have been delegated the
responsibility for engineering project administration.
1.15 FIELD ORDER: A written order affecting a change in the work not involving an
adjustment in the contract price or an extension of the contract time, issued by the
Engineer to the Contractor during construction.
1.16 GOVERNMENTAL AGENCY: A governmental unit other than the Owner having
jurisdiction of the premises.
1.17 INSPECTOR: An authorized representative of the Engineer, assigned to make any or
all necessary inspections of the work performed and the materials furnished by the
Contractor.
1.18 LABORATORY: The testing laboratory of the Owner or any other testing laboratory
which may be designated by the Owner.
1.19 NOTICE OF AWARD: The written notice of the acceptance of the bid issued by the
Owner to the successful bidder.
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1.20 NOTICE TO PROCEED: The written notice issued by the Owner to the Contractor
authorizing him to proceed with the work and establishing the date of commencement
of the work.
1.21 OWNER: A private, public or quasi-public body or authority, corporation,
association, partnership, or individual for whom the work is to be performed.
1.22 PLANS: The official drawings, plans, profiles, typical cross sections and
supplemental drawings, or reproductions thereof, prepared by the Engineer, which
show the location, character, dimensions and details of work to be performed. All such
drawings, as listed elsewhere in the Contract Documents, are a part of the plans
whether attached to the Contract Documents or separate therefrom.
1.23 PROJECT: The undertaking to be performed as provided in the Contract
Documents.
1.24 PROPOSAL FORM: The approved form on which the contracting authority
requires bids to be prepared and submitted for the work.
1.25 PROPOSAL GUARANTY: The security furnished with a bid to guarantee that the
bidder will enter into the Contract if the bid is accepted.
1.26 SHOP DRAWINGS: All drawings, diagrams, framework plans, falsework plans,
erection plans, illustrations, brochures, schedules and other data which are prepared by
the Contractor, a subcontractor, manufacturer, supplier or distributor, which illustrate
how specific portions of the work shall be fabricated or installed.
1.27 SPECIAL PROVISIONS: Contract requirements specific to the project which are
not otherwise thoroughly or satisfactorily detailed and set forth in the detail
specifications or plans.
1.28 SPECIFICATIONS: The directions, provisions, and requirements contained herein,
together with all written agreements made or to be made pertaining to the method and
manner of performing the work, or to the quantities and qualities of materials to be
furnished under the contract.
1.29 SUBCONTRACTOR: An individual, firm, or corporation to whom the contractor
sublets part of the Contract.
1.30 SUBSTANTIAL COMPLETION: That date as certified by the Engineer when the
construction of the project or a specified part thereof is sufficiently completed, in
accordance with the Contract Documents, so that the project or specified part can be
utilized for the purposes for which it is intended.
1.31 SUPPLEMENTAL GENERAL CONDITIONS: Modifications to generate conditions
required by a local, state or federal agency for participation in the project and approved
by the agency in writing prior to inclusion in the Contract Documents.
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1.32 SUPPLIER: Any person, or organization who supplies materials or equipment for
the work, including that fabricated to a special design, but who does not perform labor
at the site.
1.33 SURETY: The person, firm, or corporation who executes the proposal guaranty or
the contract bond.
1.34 TIME OF COMPLETION: The date set in Contract Documents for completion of
the work; or number of working or calendar days after notice to proceed set out in
Contract Documents (See also Section 8.07 of the General Conditions).
1.35 WORK: The furnishing of all labor, materials, equipment, and other incidentals
necessary or convenient to the successful completion of the project and the carrying
out of all duties and obligations imposed by the contract upon the Contractor.
1.36 WORKING DAYS: Any day, excluding Saturday, Sunday or State recognized Legal
Holidays, when weather conditions or the results of weather conditions will allow the
Contractor to pursue, for two hours between 8:00 a.m. and 4:30 p.m. with the normal
working force, any item or items of work which would be in progress at that time.
1.37 DETAIL PLATE: A supplemental drawing that provides specific details to standard
components, assemblies, or construction methods specific to the City of Chanhassen.
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SECTION 2.00 - BIDDING REQUIREMENTS AND CONDITIONS
2.01 QUALIFICATIONS OF BIDDERS
If requested, bidders must present satisfactory evidence that they are familiar with the class of work
specified, and that they are provided with the necessary capital, tools, machinery and other
equipment necessary to conduct the work and complete the improvement within the time specified
in the proposal, in a good and workmanlike manner and to the entire satisfaction of the Owner.
The Owner will review the qualifications and experience of bidders after bids are
opened and before a contract is awarded, to determine if the bidder is "responsible." A
"responsible" bidder is a bidder qualified to do the work. This will be determined by
assessing the bidder's skill, resources, experience, successful performance of similar
contracts (on time and on budget), and all other matters bearing upon the likelihood
that the contract will be successfully completed. In all cases where a bidder is
unknown or where there are any questions about the qualifications of the bidder, the
following information may be required of the apparent low bidder:
A. Identify all similar public projects in which you were the contractor. If you have
had more than five such contracts, list only the last five contracts, and as to each
contract identified, provide the following information:
Project Description: Date:
Contact Person at City/County/State:
Were change orders in excess of 5% requested? If yes, explain the circumstances.
Were liquidated damages assessed? If yes, explain the circumstances. Was the project
completed on schedule? If no, explain the circumstances.
B. Describe all construction arbitration claims and any construction or project
litigation in which you have been a party in the last five years.
C. Identify all public projects you have had with the City of Chanhassen in the
last five years.
D. In the last five years, has a bonding company ever refused to issue you a
performance bond? If yes, explain the circumstances.
E. In the last five years, have any claims been filed against a performance or
payment bond that you have provided a public entity? If yes, explain the
circumstances.
F. In the last five years, has your firm or any of its owners or employees been
fined by a federal or state agency for a contract or workplace matter (such as
wage or hour or safety violations), or debarred under Part 29, Title 49 CFR or
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any other law from submitting bids on public projects? If yes, explain the
circumstances.
G. In the last five years, has your firm or any of its owners or employees been
charged or convicted of a crime involving the awarding, bidding or
performance of a government contract? If yes, provide full details.
The bidder agrees that they are fully responsible to the Owner for the acts and
omissions of any proposed subcontractors and of persons either directly or indirectly
employed by them, as they are for the acts and omissions of persons directly
employed by them.
Failure on the part of any bidder to carry out previous contracts satisfactorily, or lack
of experience or equipment necessary for the satisfactory completion of the project,
may be deemed sufficient cause for disqualification.
2.02 CONTRACT DOCUMENT INTERPRETATIONS
All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction
over construction of the project shall apply to the contract throughout, and the Contractor shall be
responsible for familiarizing themselves with all permits, bond and other requirements for the work
to be performed.
All work shall be performed in accordance with the most recent version of the City of
Chanhassen Standard Specifications and Detail Plates. In the event a work item is not
addressed in the Chanhassen Standard Specifications and Detail Plates, the most
recent version of the Minnesota Department of Transportation Standard Specifications
shall govern. Whenever reference is made to the Minnesota Department of
Transportation Standard Specifications, the word “Owner” shall be substituted for
“State” and “Department” where appropriate and the word “Engineer” is understood
to refer to the engineer for the Owner.
The City of Chanhassen Standard Plates included as part of these Specifications take
precedence over the Minnesota Department of Transportation Standard Plates in all
instances of conflict.
If any person contemplating the submitting of a bid for a proposed contract is in
doubt as to the true meaning of any part of the plans, specifications or other proposed
Contract Documents, they may submit to the Engineer a written request for an
interpretation thereof at least three days prior to the scheduled bid opening. The
persons submitting the request will be responsible for prompt delivery to the Engineer.
Any interpretation of the proposed documents shall be made by addendum, duly
numbered and dated. A copy of such addendum will be posted to QuestCDN, and
each bidder shall acknowledge receipt of that addendum on their proposal form.
Such addendum will be attached to all documents issued after the date of the
addendum and shall remain a part thereof. The Owner and Engineer will not be
responsible for any other explanation or interpretation.
The Owner reserves the right to modify the plans, specifications, special provisions,
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or proposal at any time prior to bids being opened, in accordance with the procedures
for issuance of an addendum.
All proposals shall be made and received with the express understanding that the
Bidder accepts the terms and conditions contained in these instructions and the plans
and specifications, forms of contract and bond, and any other Contract Documents
referred to herein.
If, after the bids have been delivered to the Owner, any difference of opinion shall
arise as to the true intent or meaning of any part of the specifications, the decision of
the Engineer shall be final, conclusive, and binding on all parties.
2.03 INTERPRETATION OF QUANTITIES IN BID SCHEDULE
The schedule of quantities is approximate only and is assumed solely for the purpose of comparing
bids. The quantities on which payment will be made to the Contractor are to be determined by
measurements of the work actually performed by the Contractor as specified in the Contract
Documents.
2.04 SITE INVESTIGATION
Each bidder must satisfy themselves and form their own opinions by personal examination of the
location and ground of the proposed work, and by such other means as they may desire, as to the
actual conditions and requirements of the work, including the materials to be excavated; must make
their own interpretations and satisfy themselves by their own investigations and research regarding
all conditions affecting the work to be done and the labor and materials needed, and shall make their
sole reliance thereon. Any information or data furnished by the Owner or its representatives is for
the convenience of any bidder and is not guaranteed. The bidder shall thoroughly examine and
familiarize themselves with the Drawings, Special Provisions, and all other Contract Documents.
The Contractor, by the execution of the contract, shall accept all responsibility for having examined
the site and acquainted themselves with the conditions there existing and the conditions of the
contract. The Owner will be justified in rejecting any claim based upon the Contractor’s lack of
proper examination of the site conditions and legal obligations of the contract after execution of the
contract.
2.05 SUBMISSION OF PROPOSAL
Sealed bids will be received by the Owner up to the date and hour as specified in the Advertisement
for Bids at the office of the Owner or as otherwise specified. Bids received after the time specified
shall be returned unopened.
All bids must be in ink upon the bid form included in the Specifications with a given
price for each item and aggregate amount for the work, and must be signed and
acknowledged by the bidder in accordance with the directions on the bid form. If a
separate proposal form is provided, this separate form is to be submitted, not the form
bound into the specification book. In order to ensure consideration, the bid shall be
enclosed in a sealed envelope addressed to the Owner and clearly marked as to the
time and date of bid opening, the name of the project, and name and address of bidder.
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2.06 PROPOSAL GUARANTY
Each bid shall be accompanied by a Proposal Guaranty in the form of a money order, certified
check or bid bond, payable to the order of the owner in an amount not less than five percent (5%)
of the total amount of the bid. No bid will be considered unless accompanied by the Proposal
Guaranty.
In case alternate bids are called for, one Proposal Guaranty in the amount of five
percent (5%) of the total amount of the highest bid alternative will be sufficient for all
bids.
As soon as the bids have been tabulated, all Proposal Guarantees shall be returned to
the bidders, except those of the three lowest responsible bidders, which shall be
returned after the agreement is executed and the required bonds and insurance
received, approved, and accepted by the Owner.
2.07 AFFIDAVIT OF NON-COLLUSION
Each bidder shall submit with his/her proposal, an affidavit of non-collusion, signed by one of the
officers of the firm and notarized. The Affidavit to be used is bound into these Contract
Documents. A sample affidavit is included in the attachments.
2.08 WITHDRAWAL OF PROPOSALS
Any bid may be withdrawn or modified prior to the schedule time for the opening of bids or
authorized postponement thereof.
After the time set for opening of the bids, no bidder may, without the consent of the
Owner, withdraw their bid or claim extra compensation or damages for any error or
omission made by said bidder in preparing their bid, for a period of 60 days. Bid
guarantees may be held by the Owner for said 60 days until all of the bids submitted
have been canvassed, a contract awarded and executed, and the required bonds and
insurance furnished and approved. Should there be reasons why the contract cannot
be awarded within the specified period, the time may be extended by mutual
agreement between the Owner and the bidder.
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SECTION 3.00 - AWARD AND EXECUTION OF CONTRACT
3.01 EVALUATION OF PROPOSALS
The bids from each responsible bidder will be considered on the basis of the amounts as shown on
the bid form, and awarded to the lowest bidder determined by correctly adding the products resulting
from correctly multiplying the quantities stated by the unit prices bid therefore, and as otherwise
described in the Special Provisions when alternate bids are included in the proposal form.
The prices are to include the furnishing of all materials; all labor and services
necessary or proper for the completion of work, except such as may be otherwise
expressly provided in the Contract Documents.
The Owner reserves the right to reject any or all bids or to accept the bid deemed in
the best interest of the Owner. Without limiting the generality of the foregoing, any
bid which is incomplete, obscure, or irregular may be rejected; any bid having
erasures or corrections in the price sheet may be rejected; any bid which omits an
amount on any one or more items in the price sheet may be rejected; any bid in which
unit prices are obviously unbalanced may be rejected; any bid accompanied by an
insufficient or irregular bid bond may be rejected; any bid which omits
acknowledgment of the receipt of addenda may be rejected.
The Owner may make such investigations as deemed necessary to determine the
ability of the bidder to perform the work, and the bidder shall furnish to the Owner all
such information and data for this purpose as the Owner may request. The Owner
reserves the right to reject any bid if the evidence submitted by, or investigation of,
such bidder fails to satisfy the Owner that such bidder is properly qualified to carry
out the obligations of the Agreement and to complete the work contemplated therein.
All bids shall be subject to review and approval of the Owner.
3.02 CONTRACT AWARD AND EXECUTION
Following acceptance of the bid by the Owner, a “Notice of Award” letter will be mailed to the
Contractor together with the prepared contract agreements for signature and return. The Notice of
Award letter will specify that the Contractor also submit affidavits or copies of insurance coverage,
a payment bond and a performance bond. No contract will be executed until the required affidavits
and bonds are submitted and have been approved as to form by the Owner.
The performance bond and payment bond shall each be in the amount of 100 percent
of the contract price with a corporate surety approved by the Owner. Attorneys-in-
fact who sign bid bonds or performance bonds must file with each bond a certified and
effective dated copy of their power of attorney.
For purposes of the agreement, affidavit of insurance, the payment bond, and
performance bond, the contract amount is the bid amount accepted by the Owner. The
final amount of the contract shall be determined by summation of multiplying and
summing the resulting product of the final measured quantities of the various items
actually constructed and installed by the unit prices stated therefore, in the manner
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prescribed in the specification.
The party to whom the contract is awarded will be required to execute the
Agreement, obtain the affidavits, the payment bond, and the performance bond, and
return them to the Engineer within 10 calendar days from the date when Notice of
Award is delivered to the bidder. In case of failure of the bidder to complete these
items, the Owner may at their option consider the bidder in default, in which case the
bid guaranty accompanying the proposal shall become the property of the Owner.
The Owner within 10 calendar days of receipt of acceptable performance and payment
bonds, affidavits and Agreement signed by the bidder to whom the Agreement was
awarded shall sign the Agreement and return to the bidder an executed duplicate of
the Agreement. Should the Owner not execute the Agreement within such period, the
bidder may by written notice withdraw their signed Agreement. Such notice of
withdrawal shall be effective upon receipt of the notice by the Owner.
A notice to proceed shall be issued within 10 calendar days of the execution of the
Agreement by the Owner. Should there be reasons why the Notice to Proceed cannot
be issued within such period, the time may be extended by mutual agreement between
the Owner and Contractor. If the Notice to Proceed has not been issued within the 10
calendar day period or within the period mutually agreed upon, the Contractor may
terminate the Agreement without further liability on the part of either party.
The Notice of Award letter is not an order to proceed. The Contractor will have no
authority to perform work under this contract until all Contract Documents as
indicated above are properly completed and placed on file at the Owner’s Offices and
a Notice to Proceed is issued by the Owner.
A Notice to Proceed with the work under this project will be sent to the Contractor
upon satisfaction of the above-indicated requirements and after a preconstruction
conference is held.
3.03 PROPOSAL ALTERNATES
When a project includes a bid alternate, all bidders are required to submit pricing for said alternate
as a part of their bid. The Owner reserves the right to accept or reject any or all of the individual
items included as a part of the bid alternate. The Owner-accepted bid alternate items’ prices will
be considered as part of the low bid determination for contract award. If all alternates are rejected,
the lowest base bid submitted will be considered the low bid for purposes of contract award.
3.04 CONTRACT SECURITY & GUARANTY
The successful bidder shall be required to furnish the Owner with a performance bond and payment
bond in the form required by law, each in an amount of one hundred (100%) percent of the contract
amount, based on the lump sum or the anticipated quantities and unit prices, as determined by the
Engineer.
The bonds shall guarantee the proper prosecution and completion of the work by the
successful bidder; and shall further guarantee the prompt payment by the successful
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bidder or all persons or firms furnishing labor, tools, materials and supplies for the
work.
Upon completion of said work, an acceptable and separate 100% maintenance bond
shall be furnished to guarantee the quality of material and workmanship of said work
for a period of two years from the date of final acceptance by the City. The Contractor
may not release the surety company on this 100% maintenance bond until a written
release of said 100% maintenance bond is given by the Owner.
When a period of two years has elapsed after the date of the acceptance of the work
by the Owner and if upon inspection by the Owner the work is found in good
condition the maintenance bond shall be released.
If it is found by the inspection after two years use that some of the work and some of
the materials are defective, such work or materials shall be replaced or repaired by the
Contractor, and only when the Contractor has properly replaced and repaired such
defective work and/or materials will the Owner then release the 100% maintenance
bond. In the event that the Contractor fails to meet the time obligations of the initial
maintenance bond and requests an extension of time, a $1,000 escrow will be required
to offset additional costs incurred by the Owner to administrate the maintenance bond
extension.
3.05 PRECONSTRUCTION CONFERENCE
Prior to the start of any work there shall be a pre-construction conference arranged by the Engineer.
Representatives of the Owner, Engineer, Developer, Contractor, Subcontractor, Project Foreman,
and Utility Companies shall be notified to be present at this meeting.
The Contractor's project superintendent shall be familiar with all phases of the work
to be executed and shall oversee the work during its progress. The project
superintendent shall represent the Contractor, and communications and directions
given to the superintendent shall be as binding as if given to the Contractor.
The Contractor's list of subcontractors and suppliers shall be submitted and reviewed
along with scheduling, materials (including bituminous mix design), material sources,
proposed haul routes, construction methods, desired materials substitutions, and any
other information necessary for the orderly execution of the work.
The specifications and certifications for all products, materials and supplies furnished
shall be submitted for review prior to the preconstruction conference.
3.06 FAILURE TO EXECUTE CONTRACT
Failure on the part of the successful bidder to execute the Contract, furnish an acceptable bond, or
comply with any other requirements imposed precedent to the Contract, within the time allowed,
shall be considered just cause for cancellation of the award and forfeiture of the Proposal Guaranty,
not as a penalty, but in liquidation of damages sustained. Award may then be made to the next
lowest responsible bidder, or the work may be re-advertised or otherwise performed at the discretion
of the Owner.
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SECTION 4.00 - SCOPE OF WORK
4.01 ADDITIONAL INSTRUCTIONS
If the instructions and plans are not sufficiently clear to permit the Contractor to proceed with the
work, the Engineer shall, upon the request of the Contractor, furnish additional written instruction,
together with additional drawings as may be necessary. When such request is made by the
Contractor, it must be in ample time to permit the preparation of the instructions and drawings by
the Engineer before the construction of the work covered by them is undertaken. Such additional
instructions and drawings shall be consistent with the Contract Documents and shall have the same
force and effect as if contained in the original Contract Documents.
For the purpose of avoiding delays in the preparation of such additional instructions
and drawings, the Engineer and the Contractor shall jointly prepare a schedule
showing the time for the commencement of the work to be included in them and the
time the Contractor shall furnish the necessary shop drawings which may be necessary
for their preparation. The Contractor shall do no work without proper drawings or
instructions and shall replace any work not in accordance with such drawings and
instructions at no additional cost.
4.02 CHANGES OR ALTERATIONS IN THE WORK
The Owner, without invalidating the contract, may order extra work or make changes by altering,
adding to or deducting from the work; the contract sum being adjusted according to the respective
unit bid prices. All such work shall be executed under the conditions of the original contract, except
that any claim for extension of time caused thereby shall be adjusted at the time of ordering such
change.
If the Contractor claims that any instructions by drawings or otherwise issued after the
date of the contract involved extra cost under the contract, the Engineer shall be given
written notice thereof within seven days, after the receipt of such instructions, and in
any event before proceeding to execute the work, except emergency endangering life
or property, and the procedure shall then be as provided for elsewhere herein for
changes in the work. No such claim shall be valid unless so made.
In giving instructions, the Engineer shall have authority to make minor changes in the
work, not involving extra cost, and not inconsistent with the purposes of the work but
otherwise (except in an emergency endangering life or property) no extra work or
change shall be made unless in pursuance of a written order by the Engineer.
4.03 ORAL AGREEMENTS
No oral order, objection, claim or notice by any party to the others shall affect or modify any of the
terms or obligations contained in any of the contract documents, and none of the provisions of the
Contract Documents shall be held to be waived or modified by reason of any act whatsoever, other
than by a definitely agreed waiver or modification thereof in writing, signed by the parties to be
bound or by the representatives of the parties authorized to enter into such a waiver or modification,
and no evidence shall be introduced in any proceeding of any other waiver or modification.
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4.04 INTERPRETATIONS AND CHANGE ORDERS
No oral interpretation shall be made to the Contractor as to the meaning of any of the Contract
Documents or to modify any of the provisions of the Contract Documents. Every request for an
interpretation shall be made in writing and addressed and forwarded to the Engineer. The Owner
will not be responsible for any other explanation or interpretation of the plans and specifications.
If unforeseen conditions require a change in the dimensions of a structure, location of
underground pipes, or major variations of a similar nature from the original plans,
necessitating exceeding the reasonable limits defined above, or being of the nature of
a substantial departure from the original plans, such change shall be covered by a
change order. The change order is to set forth in complete detail the nature of the
change and reasons therefore. The compensation to be paid the Contractor and
whether it is an addition or a reduction with respect to the original contract costs is
also to be covered in detail. Should additional or supplemental drawings be required,
they will be furnished by the Engineer.
4.05 SALVAGE
Unless otherwise indicated on the plans or in the Special Provisions, all castings, pipe and any other
material taken from the work shall be the property of the Contractor.
4.06 FOSSILS
If any fossils, treasure or other unusual or valuable geological formations are found in the progress
of excavating, such fossils, treasure or samples of geological formations shall be carefully
preserved by the Contractor and the Contractor shall restrict or suspend operations in the immediate
area of the discovery and shall immediately notify the Engineer of the discovery. The suspension
of work for a period not to exceed 72 hours shall be allowed without claim by the Contractor for
any damages as a result thereof. These items shall become the property of the state or federal agency
concerned with their preservation and study.
4.07 CLEANUP
The Contractor shall, at no cost to the Owner, clean up and remove all refuse and unused materials
of any kind resulting from the work. Upon failure to do so within 72 hours after request by the
Engineer, the work may be done by the Owner and cost thereof be charged to the Contractor and
deducted from the final estimate.
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SECTION 5.00 - CONTROL OF WORK
5.01 ENGINEER'S RESPONSIBILITY AND AUTHORITY
The Engineer is responsible for the general supervision and direction of the inspection. The
Engineer will decide all questions regarding:
· Quality and acceptability of materials furnished and work performed.
· Manner of performance and rate of progress of the work.
· Interpretation of the Plans, Specifications, and Special Provisions.
· Measurement, control of quantities, and the amount of any deductions or adjustments
to be made in payment.
· Acceptable fulfillment of all Contract Provisions on the part of the Contractor.
The Engineer is not responsible for the acts or omissions of the Contractor's
superintendent or employees.
The Engineer shall, within a reasonable time after receiving written notification, make
decisions in writing on all claims of the Owner or the Contractor and on all other
matters relating to the execution and progress of the work or the interpretation of the
Contract Documents.
All such decisions of the Engineer shall be final, except where time or financial
considerations are involved, in which case, the decision is subject to arbitration (if
less than $10,000) as per these general conditions. Any dispute over $10,000 shall be
settled in Carver County District Court.
Failure to condemn any inferior material or work at the time of its use or construction
shall not be construed as an acceptance of the same, but the Contractor shall upon
notice from the Engineer at any time prior to the final acceptance of the improvement
immediately tear out, remove and properly reconstruct, at no cost to the Owner, any
portion of this improvement which the Engineer may decide to be defective and the
Contractor will be held wholly responsible for the safety, proper construction and
perfection of the entire improvement until the same has been finally accepted and paid
for by the Owner.
The Engineer will make final inspection of all work included in the contract or any
portion thereof, as soon as practicable after notification by the Contractor that such
work is nearing completion. If such work is not acceptable to the Engineer at the time
of the inspection, the Contractor will be advised in writing as to the particular defects
to be remedied before such work can be accepted. If, within a period of ten days after
such notification, the Contractor has not taken steps to speedily complete the work as
directed, the Engineer may, without further notice and without in any way impairing
the contract, make such other arrangements as deemed necessary to have such work
completed in a satisfactory manner without regard to remaining contract completion
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time. The cost of completing such work shall be deducted from any moneys due, or
which may become due the Contractor on the contract.
5.02 INTENT OF PLANS AND SPECIFICATIONS
The intent of the plans and specifications is that the Contractor furnishes all labor and materials,
equipment and transportation necessary for the proper execution of the work unless specifically
noted otherwise. The Contractor shall do all the work shown on the plans and described in the
specifications and all incidental work necessary to complete the project in an acceptable manner
and to fully complete the work or project, ready for use, occupancy and operation of the Owner.
It is further the intention of the plans and specifications to set forth requirements of
performance, type of equipment and structures, and standards of materials and
construction, to require new material and equipment unless otherwise indicated and to
require complete performance of the work without specific reference to any minor
component part. It is not intended, however, that materials or work not covered by the
specifications shall be supplied unless distinctly so noted. Materials or work described
in words, which so applied have a well-known technical or trade meaning, shall be
held to refer to such recognized standards.
All work shall be completed in accordance with the specifications and plans, and in
compliance with applicable laws of Federal, State and local governments.
5.03 SHOP DRAWINGS
The Contractor shall, upon request, submit shop drawings in quadruplicate for the approval of the
Engineer.
5.04 DIMENSIONS
Figured dimensions on the plans will be used in preference to scaling the drawings. Where the
work of the Contractor is affected by finish dimensions or manufacturer's equipment, these shall
be determined by the Contractor at the site, and s/he shall assume the responsibility therefore.
5.05 MODELS
All models prepared for this work, in accordance with requirements of plans and specifications,
shall become the property of the Owner at the completion of the work.
5.06 ADEQUACY OF PLANS AND SPECIFICATIONS
The complete requirements of the work to be performed under the contract shall be set forth in plans
and specifications to be supplied by the Owner through the Engineer or by the Engineer as
representative of the Owner.
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5.07 CONFLICT
In the case of a conflict of meaning between any of the terms of the Contract Documents, the
provisions of the document listed first below over those of a document listed later:
1. Contract Agreement Form
2. Special Provisions
3. Plans
4. Specifications
5. General Conditions
6. Bid
7. Bid Form
Special provisions and detail plans are intended to modify and prevail over standard
plans and specifications.
5.08 DISCREPANCIES IN PLANS
The drawings, specifications, and other parts of the plans are intended to complement one another.
Anything shown on the drawings but not mentioned in the specifications, or vice versa, or anything
not expressly set forth in either but which is reasonably implied, shall be furnished as though
specifically shown and mentioned in both without any extra charge. Should anything be omitted
from the drawings and necessary to the proper construction of the work herein described, it shall
be the duty of the Contractor to notify the Engineer prior to beginning work; and in the event of
the Contractor failing to give such notice, the Contractor shall make good any damage or defect in
work caused thereby, without extra charge to the owner.
Questions as to meaning of plans and specifications shall be interpreted by the
Engineer, whose decisions shall be final and binding on all parties concerned. (See
also Section 5.01 of these General Conditions.) The Engineer will provide the
Contractor with such information as may be required to show revised or additional
details of construction. The Engineer will provide full information when errors or
omissions in the plans and specifications are discovered. Any work done by the
Contractor, after discovery of such discrepancies, errors or omissions and prior to a
decision by the Engineer, shall be done at the Contractor's risk.
5.09 SEPARATE CONTRACTS
The Owner reserves the right to let other contracts in connection with this work. The Contractor
shall afford other Contractors reasonable opportunity for the introduction and storage of their
materials and the execution of their work and shall properly connect and coordinate the work with
that of other contractors.
If any part of the Contractor's work depends for proper execution or results upon the
work of any other Contractor, the Contractor shall inspect and promptly report to the
Engineer any defects in such work that render it unsuitable for such proper execution
and results. Failure to so inspect and report shall constitute an acceptance of the other
Contractor's work.
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To insure the proper execution of the work, the Contractor shall measure work
already in place and shall at once report to the Engineer any discrepancy between the
executed work and the drawings.
5.10 PLANS AND SPECIFICATIONS AT JOB SITE
One complete set of all plans and specifications shall be maintained by the Contractor at the job
site and shall be available to the Engineer at all times.
The Owner retains the right of access to all plans, specifications and drawings.
5.11 MOVING OF PUBLIC AND PRIVATE UTILITIES
The Owner will give reasonable notice to all affected utility companies of the potential necessity
of movement of their installations prior to commencement of the work. It shall be the responsibility
of the Contractor to coordinate the work with the utility companies.
It is provided that no utility, private or public, shall be moved to accommodate the
Contractor's equipment or the method of operation when such utility does not conflict
with the installation of the improvement under construction unless the costs of such
removal shall be at the expense of the Contractor.
The Contractor shall notify the proper representatives of any public utility,
corporation, and company or individual, not less than 48 hours in advance of any
work which might damage or interfere with the operation of their or his/her property
along or adjacent to the work.
5.12 PROTECTION OF EXISTING IMPROVEMENTS AND UTILITIES
Prior to construction, the Contractor shall obtain field locations or other assistance as may be
required to determine the existence and location of gas main and other private utilities as well as
public utilities of the City, County, or State which may be underground or overhead within street
and highway right of way or within easements and which may be interfered with under this contract.
In cases where the alignment, as shown on the plans, coincides with the existing
location of either an overhead or underground privately owned utility so that, in the
opinion of the Engineer, the relocation of said utility is required to complete the
installation, the Owner shall provide for such relocation unless specified otherwise in
the Special Provisions.
Existing underground, surface or overhead structures are not necessarily shown on the
plans. Those shown are only approximate and no responsibility is assumed by the
Owner or the Engineer for the accuracy of location. The Contractor shall make such
investigations as are necessary to determine the extent to which existing structures
may interfere with the work contemplated under this contract.
The sizes, locations and depths of such structures as are shown on the plans and
profiles are only approximate and the Contractor shall verify the accuracy of the
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information given.
The Contractor shall support and protect by timbers or otherwise, all pipes, conduits,
poles, wires or other apparatus which may be in any way affected by the work.
At all shaft sites and on all open cut work, the Contractor shall provide and maintain
free access to fire hydrants, water and gas valves, manholes and similar facilities.
Gutters and waterways shall be kept open or other satisfactory provisions made for the
removal of the storm water.
The Contractor shall provide as incidental to the work all methods for adequately
draining the work and shall assume full responsibility and liability for damage to any
persons or property resulting from such damage.
No trees shall be cut except upon the specific authority of the Engineer. Trees
adjacent to the work shall be protected from all damage by the construction
operations. Measures taken to protect trees can include but are not limited to tree
protection fencing, tree guards and signs indicating protected trees.
Storm and sanitary sewers must be carefully protected from any sand or debris and
any such deposition caused by the Contractor's operations must be removed from the
manholes and pipes by the Contractor.
Prior to construction commencement, the Contractor shall notify the Owner and
conduct an inspection of potentially affected existing public utilities noting
conditions such as sand in manholes or damaged valve boxes prior to the
Contractor's construction. Once construction has commenced it will be assumed that
all damage to surface and underground installations not previously noted has been
caused by the Contractor's operations. The Contractor will be responsible to make
the necessary corrections and/or repairs.
5.13 DAMAGE TO EXISTING IMPROVEMENTS OR UTILITIES
If, through the Contractor's operations, any of said pipes, conduits, poles, wires, or apparatus should
be damaged, they shall be repaired by the authorities having control of same, and the expense of
such repairs shall be charged to the Contractor.
The Contractor shall indemnify and save the Owner and Engineer harmless from
claims for any damage done to any street or other public property; or to any private
property by reason of breaking of any water pipe, sewer or gas pipe, electric conduit,
or other utility by or through the Contractor’s negligence.
The Contractor shall restore, or have restored at his/her own cost and expense, such
property to a condition similar or equal to that existing before such damage or injury
was done, by repairing, rebuilding, or otherwise restoring as may be directed, or shall
make good such damage from injury in a manner acceptable to the Owner or the
Engineer. In case of failure on the part of the Contractor to restore such property or
make good such damage or injury, the Engineer may, upon 48 hours written notice
under ordinary circumstances and without notice when a nuisance or hazardous
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condition results, proceed to repair, rebuild, or otherwise restore such property as may
be determined necessary, and the cost thereof will be deducted from any moneys due
to the Contractor under this contract and if not so deducted, the Contractor will be
obligated to forth with reimburse the Owner for the cost thereof.
The Contractor shall indemnify and save the Owner and Engineer harmless from
claims brought for or on account of any damage, maintenance, removal or
replacement, or relocation of mains, conduits, pipes, wires, cables or other such
structures of private utility firms or corporations, whether underground or overhead,
that may be caused or required by the Contractor during the time the work is in
progress.
The Contractor shall not claim or be entitled to receive compensation for any damages
sustained by reason of the inaccuracy or the omission of any of the information given
on the drawings, relative to the surface, overhead, or underground structures or by
reason of the Contractor’s failure to properly protect and to maintain such structures.
The Contractor is to exercise extreme care in crossing or working adjacent to all
utilities and shall be responsible to protect and maintain their operation during the
time the work is in progress. The Contractor shall restore, at no cost to the Owner, any
public structures such as water mains, water connections and appurtenances, sewers,
manholes, catch basins and sewer connections which are damaged or injured in any
way by his/her acts.
No trees shall be removed without permission of the Engineer. No compensation will
be paid for cutting down, removing and disposing of shrubs. Any trees or shrubs
deemed savable will be field located by the Engineer and shall be fully protected by
this Contractor during construction. All necessary measures will be taken to protect
existing desirable vegetation. Any trees removed or damaged by the Contractor,
which were deemed savable by the Engineer, will be replaced at the Contractor's
expense with a new tree as near in size and kind as possible, but never larger than 6"
caliper as measured six inches (6”) above the ground surface.
Significant trees (trees greater than 10” dbh) that are removed or damaged must be
replaced at a rate of two diameter inches per each inch of dbh of the removed, killed
or lost trees due to damage.
Contractors will be fined for significant trees that are damaged during construction at
a rate of up to $150 per inch with a not to exceed amount of $3,000 per tree.
Damage to desirable species includes but is not limited to damage to tree limbs, trunk
and bark as well as damage to roots by cutting or excessive soil compaction within the
trees’ drip line and chemical damage.
All trimming of trees has to be approved by the Engineer. All trees damaged during
construction shall be trimmed and repaired. Oak trees that are damaged when the risk
of oak wilt exists, would must be immediately (within 15 minutes) covered with water
based paint or shellac.
The following procedures shall be adhered to when constructing utilities near trees.
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A. Cut roots cleanly.
B. Backfill trench as soon as possible; do not leave the roots exposed to air.
C. No equipment or construction materials shall be stored beneath a tree's drip line.
D. Clean up around trees immediately after construction.
5.14 MONUMENTS AND STAKES
The Contractor shall not disturb any monuments or stakes found on the line of this improvement
until ordered by the Engineer. The Engineer will furnish and set all new monuments or stakes
required along the line of this improvement, but the Contractor will be responsible for their
protection.
In case any monument or stake is disturbed by the Contractor without orders from the
Engineer, the Contractor will be charged with cost of the survey and other work
required to relocate the same.
Prior to the start of construction, the Contractor shall give the Engineer five working
days written notice when s/he requires the services of the Engineer for laying out any
portion of the work is required. After the start of construction, the Contractor shall
give the Engineer 48 hours’ notice, not including Saturday or Sunday, when s/he
requires the services of the Engineer for laying out any portion of the work is required.
5.15 INSPECTORS
Inspectors may be appointed by the Engineer or Owner subject to approval by the City Engineer to
see that the work is performed in accordance with the plans and specifications. Inspector
qualifications shall be submitted in writing to the City Engineer.
5.16 EXAMINATION OF COMPLETED WORK
At the request of the Engineer, the Contractor at any time before acceptance of the work shall
remove or uncover such portions of the finished work as requested. After examination, the
Contractor shall restore said portions of the work to the standard required by the specifications.
Should the work thus exposed or examined prove acceptable, the uncovering or removing, and the
replacing of the covering or making good of the parts removed shall be paid for as extra work, in
accordance with requirements of Section 9.03 of the General Conditions; but should the work so
exposed or examined prove unacceptable, the uncovering, removing and replacing shall be at the
Contractor's expense.
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5.17 OWNER'S RIGHT TO CORRECT DEFICIENCIES
If the Contractor should neglect to execute the work properly or fail to perform any provision of
this contract, the Owner after ten days' written notice to the Contractor may, without prejudice to
any other remedy, make good such deficiencies and may deduct the cost thereof from the payment
then or thereafter due the Contractor.
5.18 TRAFFIC CONTROL AND MAINTENANCE
(A) Maintenance of Traffic
The Contractor is responsible for maintenance, control, and safeguarding of traffic within
and immediately abutting the project as further outlined herein, and as may otherwise be
provided in the Special Provisions. The Contractor is responsible for maintenance, control,
and safeguarding of traffic on all detours. The Owner reserves the right to select any detour
routes and will coordinate with other governmental agencies.
(B) Street Closures or Partial Closures
Streets may be closed to through traffic but shall not be closed to traffic until such closure
has been approved by the Owner. Street closures shall be made in such a manner as to
provide for maximum public safety and public convenience. They shall be opened to
through traffic at such times as the work has been completed, or as the Owner may direct.
(C) Existing Traffic Signs and Facilities
The Contractor will make all necessary adjustments to traffic signals and traffic signal
activators at no cost to the Owner. Existing traffic and street name signs which will
interfere with construction will be removed by the Contractor as required by the
construction schedule. Upon completion of the project, the Contractor shall reset all such
signs.
(D) Detours & Haul Routes
Contractors shall plan haul routes utilizing State Trunk Highways and County State Aid
Highways. Any requests to use City streets as haul routes shall be made in writing to the
Engineer. The Engineer shall have the final decision to approve or disapprove haul route
requests and impose road damage penalties as necessary.
(E) Local and Emergency Traffic
Local traffic shall be provided access to private properties at the end of each day, except
during some urgent stages of construction when it is impracticable to carry on the
construction and maintain access simultaneously, such as for the placing of bituminous
pavement, placing and curing of Portland cement concrete, and utility excavations which
prohibit safe travel of vehicular traffic. Emergency traffic such as police, fire and disaster
units shall be provided reasonable access at all times.
The Contractor shall notify the Owner 48 hours prior to proposed partial blockage or
closure of any street or public right of way and shall place all necessary warning signs
and provide all necessary flaggers. The Contractor shall notify the police/fire
department 48 hours prior to the proposed blockage or closure of any street or public
right of way.
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(F) Protection of Pedestrian and Vehicular Traffic
The Contractor shall take every precaution to protect pedestrian and vehicular traffic.
(G) Restriction of Parking
Where parking is a hazard to through traffic or to the construction work, it shall be restricted
either entirely or during the time when it creates a hazard. Signs for this purpose will be
furnished and placed by the Contractor. The Contractor shall be responsible for and shall
maintain the signs if they are used on any street which is directly involved in the
construction work. If the no parking signs are to be used beyond the confines of the work
area, such as another street being used as a detour, the signs will be the responsibility of the
Contractor.
(H) Flaggers
The Contractor shall furnish at his/her own expense all flaggers.
(I) Violations
In the event the Contractor performing work violates any part this Section, the Contractor
will be provided written notice to remediate the violation. If after a reasonable amount of
time, which will be outlined in the written notice, has passed with no correction, the
Contractor shall be charged an administrative penalty of $500.00 per day. If the violation
is not remediated within 72-hours, all work associated with the violation must cease at
once until traffic control is erected, inspected, and approved by the City Engineer.
5.19 TRAFFIC CONTROL WITHIN AND ABUTTING THE PROJECT
The Contractor shall place and maintain all signs, barricades and warning lights within the limits
of the project on all streets, alleys and driveways entering the project so that approaching traffic
will turn right or left on existing undisturbed streets before reaching the warning signs and barriers
immediately abutting the project.
Barricades shall be furnished by the Contractor. The Contractor shall assume
responsibility for signs and traffic control devices beyond the limits herein before
described.
5.20 REMOVAL OF CONSTRUCTION EQUIPMENT, TOOLS AND SUPPLIES
At the termination of this contract, before acceptance of the work by the Owner, the
Contractor shall remove all equipment, tools and supplies from the property of the
Owner. Should the Contractor fail to remove such equipment, tools and supplies, the
Owner shall have the right to remove them.
5.21 SUSPENSION OF WORK BY ENGINEER
When, in the judgment of the Engineer, unfavorable weather or any other condition makes it
impractical to perform work in accordance with the contract, or should the Contractor fail to comply
with the provisions of the contract or the requirements of the specifications, the Engineer may issue
to the Contractor a written order to immediately suspend work and upon receipt of such notice, on
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that part of the contract work specified in said written order. When conditions are again favorable
for prosecution of the work, the Engineer will issue to the Contractor a written order to resume the
suspended work. Orders to suspend work will not be written for intermittent shutdowns due to
weather conditions unless the suspension of work is to be for a period of time exceeding five
working days. The Contractor shall be responsible for preventing any damage or unreasonable
deterioration of the work during the time it is closed down.
Suspension of the work by the Engineer is not grounds for claims by the Contractor
for damages or extra compensation.
Inspectors shall have authority to suspend all or a portion of the work which is not
being properly performed and, subject to the final decision of the Engineer, to
condemn and reject defective work and materials.
Inspectors shall have authority to permit deviation from the plans and specifications
and to suspend work as required for conformance with the plans and specifications.
If requested by the Contractor, the suspension order will be given in writing.
Inspectors shall not act as foremen or perform other duties for the Contractor.
5.22 SUSPENSION OF WORK BY OWNER
The Owner may at any time suspend the work, or any part thereof, by giving ten days’ notice to
the Contractor in writing. This work shall be resumed by the Contractor within ten days after the
date fixed in a supplemental written notice from the Owner to the Contractor to do so.
If the work, or any part thereof, shall be stopped by the notice in writing aforesaid, and
if the Owner does not give a supplemental notice in writing to the Contractor to
resume work at a date within a year of the date fixed in the written notice to suspend,
then the Contractor may abandon that portion of the work so suspended, and s/he will
be entitled to the estimates and payments for all work done on the portions so
abandoned, if any.
If suspension of all or part of the work, which is subsequently resumed, causes
additional expenses not due to the fault or negligence of the Contractor, the Owner
shall reimburse the Contractor for additional expense incurred due to suspension of
the work. Claims for such compensation, with complete substantiating records, shall
be filed with the Owner within ten days after the date or order to resume work in
order to receive consideration. This paragraph shall not be construed as entitling the
Contractor to compensation for delays due to inclement weather, failure to furnish
additional surety or sureties specified herein, for supervision made at the request of
the Contractor, or for any other delay provided for in the Contract Documents.
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SECTION 6.00 - CONTROL OF MATERIALS AND WORKMANSHIP
6.01 QUALITY OF EQUIPMENT AND MATERIALS
In order to establish standards of quality, the Engineer has, in the detailed specifications, referred
to certain products by name and catalog number. This procedure is not to be construed as
eliminating from competition other products of equal or better quality by other manufacturers where
fully suitable in design.
Whenever in these specifications, a material or article is specified by using the
specific description or name of proprietary product, or name of a manufacturer or
vendor, rather than by using descriptive detail or substance and function, any article
which will perform the duties imposed adequately and to the same effectiveness as
determined by the Engineer will be acceptable as a substitute in lieu of the material or
articles so specified.
Only materials conforming to the requirements of these specifications shall be used in
the work. The source of any material shall not be changed at any time without the
written approval of the Engineer. The Contractor may be required at any time to
furnish a complete statement of the original, composition and manufacturer of any or
all materials required in the work, or to submit samples of the same.
Unless otherwise specified, all materials shall be new and both workmanship and
material shall be of good quality. The Contractor shall, if required, furnish
satisfactory evidence as to the kind and quality of materials or tools used in the work.
All materials, supplies and articles furnished shall, whenever so specified, and
otherwise wherever practicable, be the standard stock products of recognized
reputable manufacturers.
The specifications and certifications for all products, materials and supplies furnished
shall be submitted for review prior to the preconstruction conference.
The Contractor shall furnish a complete list of proposed desired substitutions,
together with such engineering and catalog data as the Engineer may require. List and
information must be submitted prior to submittal of first progress payment estimate.
The Contractor shall abide by the Engineer's judgment when proposed substitute
materials or items of equipment are judged to be unacceptable and shall furnish the
specified material or item of equipment in such case. All proposals for substitutions
shall be submitted in writing by the Contractor and not by individual trades or
material suppliers. The Engineer will approve or disapprove proposed substitutions
in writing within a reasonable time. No substitute materials shall be used unless so
approved in writing.
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6.02 TESTING
All testing of materials and workmanship shall be conducted by a reputable and qualified firm
totally independent of the contractor and owner.
6.03 USE OF PREMISES
The Contractor shall confine equipment, storage of materials and operation of work to the limits
indicated by law, ordinances, permits, easements or direction of the Engineer, and shall not
unreasonably encumber the premises with said equipment and materials.
6.04 STORAGE OF MATERIALS
Materials shall be stored so as to insure the preservation of their quality and fitness for the work
and such materials, even though approved before storage, shall be subject to testing and must meet
the requirement of these specifications at the time it is proposed to use them in the work. Materials
shall be stored per the manufacturer’s recommendations in a safe manner that will facilitate
inspection and be in compliance with all applicable permits and regulations. The portion of the
right of way not required for public travel may, with the consent of the Engineer, be used for storage
purposes and for the placing of the Contractor's plant and equipment; but any additional space
required; unless otherwise stipulated, shall be provided by the Contractor at no cost to the owner.
From the commencement of the work until the completion of the same, the Contractor
shall be solely responsible for the care of the work covered by this contract and for
the materials delivered at the site intended to be used in the work and all injury or
damage to the same from whatever cause, shall be made good at the Contractor’s
expense before the final estimate is made. The Contractor shall provide suitable
means of protection for and shall protect all material intended to be used in the work
and all work in progress as well as completed work. All necessary precautions shall
be taken to prevent injury or damage to work in progress of construction by flood,
freezing or from inclemency’s of the weather at any and all times and only approved
methods shall be used for this purpose.
6.05 MANUFACTURER'S DIRECTIONS
Manufactured articles, material and equipment shall be applied, installed, connected, erected,
used, cleaned and conditioned as directed by the manufacturer unless herein specified to the
contrary.
6.06 REJECTED WORK AND MATERIALS
All materials which do not conform to the requirements of the Contract Documents are not equal
to samples approved by the Engineer, or are in any way unsatisfactory or unsuited to the purpose
for which they are intended, shall be rejected and shall be removed immediately from the Project,
unless otherwise permitted. No materials which have been rejected - the defects on which have
been corrected or removed - shall be used until approval has been given. If the Contractor does
not remove such condemned work and materials within a reasonable time fixed by written notice,
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the Owner may remove them and may store the materials at the expense of the Contractor. If the
Contractor does not pay the expense of such removal within ten days thereafter, the Owner may,
upon ten days' written notice, sell such materials at auction or at private sale and shall account for
the net proceeds thereof, after deducting all the costs and expenses that should have been borne by
the Contractor.
The Contractor shall promptly remove from the premises all materials condemned by
the Engineer as failing to conform to the contract, whether incorporated in the work
or not and the Contractor shall promptly replace and re-execute the work in
accordance with the Contract Documents without expense to the Owner and shall
bear the expense of making good all work of the other contractors destroyed or
damaged by such removal or replacement.
Work done contrary to or regardless of the instructions of the Engineer, work done
without lines, grade or cross stakes and grades shown on the plans or as given by the
Engineer, or any deviation made from the plans and specifications without written
authority will be considered unauthorized and at the expense of the Contractor and
will not be measured or paid for by the Owner. Any and all work so done may be
ordered removed and replaced immediately at the Contractor's expense.
6.07 MATERIALS FURNISHED BY THE OWNER
Materials specifically indicated will be furnished by the Owner. The fact that the Owner is to
furnish material is conclusive evidence of its acceptability for the purpose intended and the
Contractor may continue to use it until otherwise directed. The Contractor shall notify the Engineer
upon discovering any defect in materials furnished by the Owner. Materials furnished by the
Owner, which are not of local occurrence, will be provided at locations listed on plans or in
specifications. After receipt of the material the Contractor shall be responsible for material loss or
damage, including that caused by third parties.
6.08 MATERIALS FURNISHED BY THE CONTRACTOR
All materials used in the work shall meet the requirements of the respective plans and
specifications. All materials not otherwise specifically indicated shall be furnished by the
Contractor.
6.09 UNACCEPTABLE WORK & MATERIALS
The Owner will consider all Work and Materials that do not meet the Contract requirements, or
do not meet generally accepted industry standards if the Contract does not provide specific
standards, to be unacceptable.
For unacceptable Work resulting from poor workmanship, use of nonconforming Materials,
damage through carelessness, or any other cause existing before final acceptance of the Work,
the Owner will take one of the following actions, at the Engineer’s sole discretion:
(1) Require the Contractor to acceptably correct the Work and Materials, immediately upon
receipt of written order to do so
(2) Allow the Work to remain in place and apply a monetary deduction to the Contract Unit
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Price
(3) Decide the extent of acceptance for the Work to remain in place if a Contract Item fails
to meet Contract requirements but is adequate to serve the design purpose, and
document the basis of acceptance by Change Order to adjust the Contract Unit Price; the
adjusted Contract Unit Price will be determined at the Engineer’s sole discretion
(4) Require the Contractor to remove and replace the unacceptable Work at the Engineer’s
sole discretion
The Owner may provide notice of default after the Contractor has been given proper notice to
acceptably correct the Work and Materials, and has failed to do so.
The Contractor shall remove and replace the unacceptable Work, or correct the Work, at no
additional cost to the Owner if a Contract Item does not meet specified requirements and results in
Work that does not serve the design purpose.
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SECTION 7.00 - LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC
7.01 COMPREHENSIVE GENERAL LIABILITY
Contractor shall obtain the following minimum insurance coverage and maintain it at all times
throughout the life of the Contract, with the City included as an additional name insured on a
primary and non-contributory basis. The Contractor shall furnish the City a certificate of
insurance satisfactory to the City evidencing the required coverage:
Bodily Injury: $2,000,000 each occurrence
$2,000,000 aggregate products and completed operations
Property Damage: $2,000,000 each occurrence
$2,000,000 aggregate Contractual Liability (identifying the contract):
Bodily Injury: $2,000,000 each occurrence
Property Damage: $2,000,000 each occurrence
$2,000,000 aggregate
Personal Injury, with Employment Exclusion deleted:
$2,000,000 aggregate Comprehensive Automobile Liability (owned, non-owned,
hired):
Bodily Injury: $2,000,000 each occurrence
$2,000,000 each accident
Property Damage: $2,000,000 each occurrence
7.02 CONSTRUCTION DAYS AND HOURS
Construction hours, including pick-up and deliveries of material and equipment and the operation
of any internal combustion engine, may only occur from 7:00 a.m. to 6:00 p.m. on weekdays, from
9:00 a.m. to 5:00 p.m. on Saturdays with no such activity allowed on Sundays or on legal holidays.
In addition to the aforementioned construction hours, on October 31st operations must cease by 3:00
p.m. (no construction activities are allowed on Sundays). Contractors must require their
subcontractors, agents and supplies to comply with these requirements and the Contractor is
responsible for their failure to do so. Under emergency conditions, this limitation may be waived
by the written consent of the City Engineer. If construction occurs outside of the permitted
construction hours, the Contractor shall pay the following administrative penalties:
First Violation Written Warning
Second Violation $ 500.00
Third and Subsequent Violations $1,000.00
The Contractor expressly agrees to be responsible for, and to pay the Owner for the Inspector's
hours and expenses for all inspection work required past the daily working hours, on weekends
and legal holidays. The hourly rates will be in conformance with Engineer's current fee schedule.
Overtime work is 1.5 times the hourly rate. Payment to the owner shall be made by deductions to
the contractor's progress or final payments.
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7.03 DRUG AND ALCOHOL TESTING
All contractors and their subcontractors shall provide the City, prior to conducting any work, written
verification of compliance with the Federal Highway Administration (FHWA) drug use and alcohol
testing rules published February 15, 1994, which apply to persons required to have a commercial
driver’s license (CDL).
7.04 WATER
The Contractor shall make all arrangements with the City's Public Works Department for obtaining
any water which may be needed for the construction. No water may be taken from any City
hydrants unless authorized in writing by the City. Failure to obtain City authorization will result in
prosecution and fines within the limits of city ordinance.
7.05 NOISE ELIMINATION
The Contractor shall eliminate noise to as great an extent as possible at all times. Air compressing
plants shall be equipped with silencers and the exhausts of all gasoline motors or other power
equipment shall be provided with mufflers.
7.06 PATENTS
All fees or royalties for patented invention, equipment, or arrangements that may be used in any
manner connected with the construction or erection of the work, or any part thereof, shall be
included in the price mentioned in the contract.
7.07 PRIVILEGES OF CONTRACTOR IN STREETS, RIGHTS-OF-WAY AND
EASEMENTS
For the performance of the contract, the Contractor will be permitted to occupy such portions of
streets or alleys, or other public places, or other rights-of-way, as shown on the plans or as permitted
by the Engineer. A reasonable amount of tools, materials and equipment for construction purposes
may be stored in such space, but not more than is necessary to avoid delays in construction.
Excavated and waste materials shall be piled or stacked in such a way as not to interfere with spaces
that may be designated to be left free and unobstructed, nor inconvenience occupants of adjoining
property. Other Contractors of the Owner may, for all purposes required by their contracts, enter
upon the work and premises used by the Contractor, and the Contractor shall give to other
Contractors of the Owner all reasonable facilities and assistance for the completion of adjoining
work. Any additional ground desired by the Contractor for sole use shall be acquired by the
Contractor at no cost to the Owner. Also, all maintenance and restoration costs shall be the
responsibility of the Contractor.
Where the work encroaches upon any right of way of any railway or state or county
highway, the Owner shall apply for the necessary permits and the Contractor shall
secure, pay the cost of all fees and provide bonds as required at no additional
compensation. Where railway tracks or such highway are to be crossed, the
Contractor shall observe all the regulations and instructions of the railway company
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and highway department as to methods of doing the work, or precautions for safety of
property and the public. All negotiations with the railway company and highway
department, except the right-of-way, shall be made by the Contractor at no cost to the
Owner. The Contractor will not be paid direct compensation for such railway or
highway crossing, unless so provided in the Special Provisions and Proposal.
7.08 DISCRIMINATION ON ACCOUNT OF RACE, CREED, OR COLOR
The Contractor agrees that the provisions of State Statutes are as much a part of this contract as if
fully set forth herein.
7.09 SAFETY
Precautions shall be exercised at all times by the Contractor for the protection of persons, employees
and property. The safety provisions of applicable laws and local building and construction codes
shall be observed.
The Contractor is solely responsible for the safety, proper construction and
protection of the entire work until the same has been finally accepted and paid for by
the Owner. The Contractor is responsible for conducting all work in compliance with
the requirements of applicable state and federal laws, and the rules and regulations of
such governmental agencies having jurisdiction over such operations.
The Contractor shall be solely responsible for providing and maintaining at no
additional cost to the Owner and on a 24-hour basis, all necessary safeguards such as
temporary ladders, guard rails, protective fencing, shoring, bracing, dewatering,
watchpersons, warning signs or signals, barricades and night lights at all unsafe places
at or near the work. Provisions shall be made to prevent vehicles, pedestrians, and
livestock from falling into open trenches or being otherwise harmed as a result of the
work.
Excavation in or adjacent to public streets or alleys in which water stands more than
one foot deep shall be securely barricaded with snow fence so as to prevent access by
small children at all times work is not being carried on at the site of excavation.
Barricades shall be painted in a color that will be visible at night. From sunset to
sunrise, the Contractor shall furnish and maintain at least two lights at each barricade.
A sufficient number of barricades shall be erected to keep vehicles from being driven
on or into any work under construction. The Contractor shall furnish watchpersons in
sufficient numbers to protect the work. The Contractor shall in all cases maintain safe
passageways at all road crossings, crosswalks and street intersections, and shall do all
other things necessary to prevent accident or loss of any kind.
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7.10 SANITARY PROVISIONS
The Contractor shall provide and maintain in a neat and sanitary condition such accommodations
for the use of employees as may be necessary to comply with the requirements and regulations of
the governmental agency having jurisdiction there over. No public nuisance shall be permitted.
Suitable sanitary conveniences for the use of all persons employed on the work,
properly screened from public observation, shall be provided and maintained by the
Contractor.
7.11 RAILROAD CROSSINGS
Wherever a project is being constructed beneath, at grade or above railroad track, it shall be the
Contractor's responsibility to contact the railroad company prior to constructing such crossings and
to proceed with the construction as approved by the railroad company. The Contractor shall comply
with all construction and additional insurance requirements of the railroad company. The
Contractor shall hold the Owner and Engineer harmless from any and all damages resulting from
operations in the construction at such crossings.
7.12 USE OF EXPLOSIVES
Blasting will not be permitted in any case without specific authorization by the Owner, and then
only under such restrictions as may be required by the proper authorities.
If it is necessary to use explosives in the performance of the work, the Contractor
shall take out permits and comply with all the laws, ordinances and regulations
governing same. The Contractor shall fully protect all completed works as well as all
overhead, surface or underground structures and shall be liable for any damage done
to the work or to other structures on public or private property and injuries sustained
by persons, by reason of the use of explosives in the operations. Explosives shall be
handled, used and fired only by qualified people. All firing shall be done by
electricity. All explosive supplies shall be safely stored and protected in an approved
manner. All such storage places shall be marked clearly "DANGEROUS
EXPLOSIVES". Caps or other exploders shall not be stored at the place where
dynamite or other explosives are stored.
7.13 PRIVATE PROPERTY
The Contractor shall not enter upon private property for any purpose without having previously
obtained written permission from the property owner. The Contractor shall be responsible for the
preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants,
lawns, sprinkler systems, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water,
sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other
public or private property along or adjacent to the work.
Access to private property shall be maintained/provided after 5:00 PM. Temporary
mailboxes must be installed when the Contractor anticipates or the plans show as
such. The Contractor must furnish, install, and remove temporary mailboxes.
Temporary mailbox locations must be approved by the Engineer.
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7.14 RIGHT TO USE IMPROVEMENT
The Owner shall have the right to open to traffic or public use any portion of this improvement prior
to the final completion of the whole work, but the use of any part or portion of this improvement by
the Owner, by the public, or by any person or party, shall not be construed as acceptance of any
portion of the work prior to the time of final completion and acceptance of the entire improvement.
7.15 CONTRACTOR'S RESPONSIBILITIES
The Contractor shall furnish all necessary machinery, tools, labor and material for every character
required, and shall fully complete the work in accordance with the plan, specifications, and detail
drawings, for the prices bid. The Contractor shall perform the entire work under the contract
and assume the responsibility for and risk of all damages to the work or to property adjacent to or
on the line of said work. The Contractor shall have charge of and be responsible for the entire
project until its completion and acceptance. This includes the responsibility to maintain all stages
of work in a safe and suitable condition at all times, including nights, weekends, and holidays. The
Contractor shall make observations of the work during such periods as are necessary to insure
proper care of the work. The Contractor is liable for any defects which may appear or be discovered
before the final payment herein specified.
The Contractor shall designate one person who shall have charge of the job and to
whom the inspector may communicate. Whenever the Contractor is not present on
the work, communications will be given to the superintendent or foreman in
immediate charge of the work. Communications received shall be strictly obeyed.
The Contractor shall be knowledgeable of and comply with the requirements of all
pertinent permits and programs including, but not limited to, General Permit
Authorization to Discharge Stormwater Associated With Construction Activity Under
the National Pollution Discharge Elimination System, other provisions of the Clean
Water Act, MN Rules Chapters 7001 and 7090, MN Wetland Conservation Act,
DNR Public Waters Program, and others.
The Contractor shall submit, at such times as may reasonably be requested by the
Engineer, schedules which shall show the order in which the Contractor proposes to
carry on the work, with dates at which the Contractor will start the several parts of the
work, and estimated dates of completion of the several parts.
In accordance with the contract agreement, the Contractor and associated sureties shall
indemnify the Owner and any and all of its officers, Engineers, and employees from
any claims and demands or losses, damages, costs, charges and expenses of every
nature and description, whether direct or indirect, because of the performance of this
contract, including all injuries to workers or persons other than workers and for all
property damages. The Contractor shall indemnify the Owner against any such loss or
any liability of any nature, whether direct or indirect, and the Owner reserves the right
to deduct from any money due the Contractor the amount of any judgment or claims
therefore.
The obligations of the Contractor do not extend to the liability of the consultant or
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Engineer, the consultant’s agents or employees arising out of the preparation or
approval of maps, drawings, opinions, reports, surveys, change orders, designs or
specifications which are certified by the Engineer. The approval of the above
documents by the Engineer shall be subject to the conditions, limitations and
exceptions stated on such documents and in contract documents. No approval of any
document by the Engineer shall be implied. The Engineer shall not be deemed to have
approved any document unless such document bears the Engineer's certificate or seal.
7.16 LANDS BY OWNER
Where the work passes over or through private property, the Owner will secure right of way or
easement. The Contractor shall not receive any extra compensation or be entitled to any extra
payment because of delay on the part of the Owner in obtaining right of way or easement.
7.17 LANDS BY CONTRACTOR
Any additional land and access thereto that may be required for temporary construction facilities
or for storage of materials shall be provided by the Contractor with no liability to the Owner. The
Contractor shall confine equipment and storage of materials and activities of workers to those areas
described in the plans and specifications and such additional areas which may be provided as
approved by the Engineer.
7.18 GARBAGE ACCESS COORDINATION
Contractor is responsible for coordinating access at all times for local garbage pickup. Contractor
must require their subcontractors, agents to comply with these requirements and the Contractor is
responsible for their failure to do so. If the project is notified of a violation, the Contractor shall pay
the following administrative penalties:
First Violation Written Warning
Second Violation $ 500.00
Third and Subsequent Violations $1,000.00
Payment to the owner shall be made by deductions to the contractor's progress or final payments.
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SECTION 8.00 - PROSECUTION AND PROGRESS
8.01 SUBCONTRACTS
At the time specified by the Contract Documents or when requested by the Engineer, the Contractor
shall submit-in writing to the Owner for approval the names of the subcontractors proposed for the
work. Subcontractors may not be changed except at the request of and with the approval of the
Owner. The Contractor is responsible to the Owner for the acts and omissions of all employees and
subcontractors hired by the Contractor. The Contract documents shall not be construed as creating
any contractual relation between any subcontractor and the Owner.
The Contractor agrees to bind every subcontractor and every subcontractor agrees to
be bound by the terms of the Contract Documents as far as applicable to the
subcontractor’s portion of the work; including the following provisions of this section.
The Contractor agrees to be bound to the subcontractor by all the obligations that the
Owner assumes to the Contractor under the terms of said documents, and by all the
provisions thereof affording remedies and redress to the Contractor from the Owner.
The Contractor shall not assign, sublet, subcontract or transfer more than 50% of the
total contract cost excluding "specialty items" without the written consent of the
Owner. Any such assignment, subletting, or transfer shall not in any way relieve the
Contractor of the responsibilities assumed under the contract, bonds, and guaranty.
For convenience of reference and to facilitate the letting of contracts and
subcontracts, the specifications are separated into title sections. Such separations
shall not, however, operate to make the Engineer an arbiter to establish limits to the
contracts between Contractor and subcontractor.
8.02 CONTRACTOR'S SUPERINTENDENT
A qualified superintendent shall be in control of the work at all times and give efficient supervision
to the work until its completion. The superintendent shall have full authority to act in behalf of the
Contractor, and all directions given to the superintendent shall be considered given to the
Contractor. The Engineer's instructions may be confirmed in writing and shall be so confirmed
upon written request of the Contractor.z
8.03 CONTRACTOR'S EMPLOYEES
Incompetent or incorrigible employees shall be dismissed from the project by the Contractor or
his/her representative when requested by the Engineer, and such persons shall not again be
permitted to return to the project without the written consent of the Engineer.
The foreman or other persons directing the work shall be competent, sober, and
reliable, and shall extend every facility to the Engineer to enable to proper execution
of the Engineer’s duties, and shall furnish such help as may be necessary to facilitate
the inspection of materials.
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8.04 INJUNCTIONS
If by reason of any court proceedings, instituted by any third party or by the Owner affecting,
directly or indirectly, the construction or completion of any portion or portions of this improvement,
the Contractor or the Owner shall be unable to construct or complete any other portion or portions
thereof, the Contractor shall, and does hereby waive any and all claims for damages because of such
inability to complete the improvement as completed and file the final estimate thereon as provided
for in the full completion of other improvements in the Owner, and the Contractor shall accept in
full payment of the work upon said improvement, and as a cancellation of the contract thereof, a
sum of money determined in strict accordance with the Contractor’s proposal for the contract, on
the basis of the work actually completed up to the time of stopping thereof.
8.05 RIGHTS OF VARIOUS INTEREST
Wherever work being done by the Owner's forces or by other Contractors is contiguous to work
covered by this contract, the respective rights of the various interests involved shall be established
by the Engineer, to secure the completion of the various portions of the work in general harmony.
8.06 WORK DURING AN EMERGENCY
The Contractor shall perform any work and shall furnish and install any materials and equipment
necessary during an emergency endangering life or property. In all cases, the Contractor shall notify
the Engineer of the emergency as soon as practicable, but shall not wait for instructions before
proceeding to properly protect both life and property. In cases where the Contractor cannot or does
not meet the emergency, the Owner may take appropriate action to protect life and safety.
8.07 DELAYS AND EXTENSION OF CONTRACT TIME
The Contractor herewith specifically waives claims for damages for any hindrance, delay, or change
of sequencing. The Contractor will, in lieu thereof, be granted extensions of time for which
liquidated damages will not be claimed by the Owner for the following causes: A delay caused the
Contractor by any suit or other legal action against the Owner will entitle the Contractor to an
equivalent extension of time unless the period of such delay exceeds 90 days.
When such period is exceeded, the Owner will, upon request by the Contractor in
writing, either terminate the contract, or grant a further extension of time, whichever
as may at that time appear most desirable to both parties.
If the Contractor is delayed at any time in the progress of the work by any act of
neglect of the Owner or the Engineer or any employees of either, or by any other
Contractor employed by the Owner, or by strike, fire, unusual delay in transportation,
unavoidable casualties, or other causes beyond the Contractor's control, or by any
cause which, in the opinion of the Engineer, shall justify the delay, then the time of
completion shall be extended for such reasonable time as the Engineer may decide.
No such extension shall be made for delay occurring more than seven days before
claim therefore is made in writing to the Engineer.
Shutdowns due to improper work, or otherwise due the Contractor's operation, are not
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cause for extension of time.
If during the term of this contract, the volume of the specified work, measured in
dollars, is increased over the total value shown in the Contractor's proposal at the time
the award of contract is made, the Contractor will be granted an extension
proportionately equal to the increase in the total value. Should unforeseen conditions
require the performance under an extra work order, the work more complex or
difficult than that originally specified and shown on the plans, and such work, in the
Contractor's opinion, requires more time to execute than the proportional increase in
dollar value, the Contractor shall state to the Engineer, in writing, prior to the
performance of such work, his/her estimate of the added time required for such work.
The Owner will, if such estimate be reasonable, allow an added extension of time
equal to the difference between the total time required and the proportional increase
in the dollar value of the work.
8.08 CONSTRUCTION SCHEDULE & LIQUIDATED DAMAGES
Contract and Owner recognize that time is of the essence of this Agreement and that Owner will
suffer financial loss if the Work is not completed within the times specified in the Contract,
plus any extensions thereof allowed. The parties also recognize the delays, expense, and
difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by
Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof,
Owner and Contractor agree that as liquidated damages for delay (but not as a penalty),
Contractor shall pay Owner a set charge based off the table below for each calendar day that
expires after the time specified in the Contract for Completion until the Work is complete.
Daily costs are based on MnDOT Table 1807.1-1, "Schedule of Liquidated Damages
as follows:
TABLE 1807.1-1
SCHEDULE OF
LIQUIDATED
Original Contract Amount Charge
Per
Cal.
Day
From More Than
($)
To and Including
($)
0 25,000 300
25,000 100,000 400
100,000 500,000 900
500,000 1,000,000 1,200
1,000,000 2,000,000 1,500
2,000,000 5,000,000 2,500
5,000,000 10,000,000 3,000
10,000,000 ---- 3,500
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8.09 OWNER'S RIGHT TO TERMINATE CONTRACT & COMPLETE THE WORK
The Owner has the right to terminate the employment of the Contractor for any of the following
reasons:
A. The Contractor is adjudged bankrupt, makes a general assignment for the
benefit of creditors, or becomes insolvent;
B. Failure of Contractor to supply adequate properly skilled workers or proper
materials;
C. Failure of Contractor to make prompt payment to subcontractor for material
or labor;
D. Persistent and continuing disregard of laws, ordinances, or proper
instructions of the Engineer;
E. Assignment of work without permission of the Owner;
F. Abandonment of the work by Contractor;
G. Failure to meet the work progress schedule set forth in the contract;
Termination of the contract shall be preceded by seven days written notice by the
Owner to the Contractor and the surety stating the ground for termination and the
measures if any which must be taken to assure compliance with the contract. The
contract shall be terminated at the expiration of such seven day period unless the
Owner shall withdraw its notice of termination.
Upon termination of the contract by the Owner, the Owner may complete the work
required by the contract by whatever means deemed expedient, including requiring the
Contractor's surety to complete the work.
The taking over of the work by the Owner upon contract termination shall not affect
the right of the Owner to recover liquidated damages from the Contractor or the
surety for failure to complete contract.
In the event that the Contractor involuntarily abandons the work, fails or refuses to
complete the work embodied in the contract or fails to pay just claims for labor or
material, the Owner reserves the right to charge against the Contractor all extra legal,
engineering, or other costs resulting from such abandonment, failure or refusal. Legal
costs will include the Owner's cost of prosecuting or defending any suit in connection
with such abandonment, failure or refusal, and nonpayment of claims wherein the
Owner is made codefendant, and the Contractor agrees to pay all such costs, including
reasonable attorney's fees.
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When the Owner assumes control of the work under the contract pursuant to
termination, the Owner may take possession of the work and all material, tools, and
equipment therein belonging to the Contractor and may use the same to complete the
work at Contractor's expense.
Upon contract termination, the Contractor shall not be entitled to receive any further
payment until the work is finished. If the unpaid balance of the contract price exceeds
the expense of finishing the work, including compensation for additional managerial
and administrative services, the excess shall be paid to the Contractor. If such
expense exceeds the unpaid balance, the Contractor shall pay the difference to the
Owner. The expenses incurred by the Owner as herein provided and the damages
incurred through the Contractor's default shall be certified by the Engineer and Owner.
8.10 CONTRACTOR'S RIGHT TO TERMINATE CONTRACT
The Contractor may terminate contract upon ten days' written notice to the Owner and the Engineer
for any of the following reasons:
A. If an order of any court or other public authority caused the work to be stopped or suspended
for a period of 90 days through no act of fault of the Contractor or his/her employees;
B. If the Owner should fail to act upon any request for payment, in the manner set forth in the
General Conditions, within 45 days after its approval by the Engineer;
C. If the Owner should fail to pay the Contractor any sum within 45 days after its award by
arbitrators.
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SECTION 9.00 - MEASUREMENT AND PAYMENT
9.01 MEASUREMENT
The determination of pay quantities or work performed under this contract will be made by the
Engineer based upon the lines, grades, and cross sections given, or measurements made by
designated Inspectors. All items will be computed based upon the units in the bid forms.
9.02 SCOPE OF PAYMENT
The Contractor shall accept the compensation, as provided in the contract, in full payment for
furnishing all materials, labor, tools and equipment necessary to the completed work and for
performing all work contemplated and embraced under the contract; also for loss or damage arising
from the nature of the work, or from the action of the elements, or from any unforeseen difficulties
which may be encountered during the prosecution of the work until the final acceptance by the
Owner, and for all risks of every description connected with the prosecution of the work; also for
all expenses incurred in consequence of the suspension or discontinuance of the work as herein
specified; and for completing the work according to the plans and specifications.
Neither the payment of any estimate nor of any retained percentage shall relieve the
Contractor of any obligation to make good any defective work or material.
The unit contract prices for the various bid items of the contract shall be full
compensation for all labor, materials, supplies, equipment, tools and all things of
whatsoever nature required for the complete incorporation of the item into the work
the same as though the item were to read "In Place", unless the plans and Special
Provisions shall provide otherwise.
9.03 PAYMENT FOR EXTRA WORK
Adjustments, if any, in the amounts to be paid the Contractor by reason of any change, addition,
or deduction, shall be determined by one or more of the following methods:
(A) FOR ITEMS COVERED BY THE PLANS AND SPECIFICATIONS: The Owner reserves
the right to increase or decrease any of the quantities shown. In the event the actual
quantities differ more than 25% of the original contract amount, an equitable revision of the
unit price shall be made when requested by either the Owner or the Contractor.
This 25 percent (25%) limit does not apply to items specifically excluded or listed as
optional by the Owner, or to minor contract items, (items amounting to ten percent or
less of the total contract).
(B) FOR ITEMS NOT COVERED BY THE PLANS AND SPECIFICATIONS: If the
Engineer orders, in writing, the performance of any work not covered by the plans or
included in the specifications, and for which no item in the contract is provided, and for
which no unit price or lump sum basis can be agreed upon, then such extra work shall be
done on a cost-plus-percentage basis of payment as follows:
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1. The Contractor shall be reimbursed for all costs incurred in doing the work and
shall receive an additional payment of 5% of all such cost to cover his indirect
overhead costs, plus 10% of all cost, including indirect overhead as his/her fee.
2. The term "Cost" shall mean the total sum of the labor, materials and equipment
costs as defined in the following.
a. LABOR – The Contractor shall be compensated for the actual rate
of wages paid and health and welfare benefits documented on the
payroll for the actual time spent by the laborers and the foreman in
performing the Force Account work. Unless already included in the
wage rates paid, the Contractor shall also receive the actual labor-
related costs incurred by reason of subsistence and travel
allowance, pension funds, or other fringe benefits provided those
payments are required through an employment contract or
collective bargaining agreement applicable to the classes of labor
employed in the work.
b. MATERIALS – For all materials accepted by the Engineer and
permanently installed in the work, the actual cost of the material
(including transportation charges paid by the Contractor) will be
paid.
c. EQUIPMENT – Rental rates for equipment to be used in the force
account work shall be established prior to use of the equipment in
the work. The rental rates will be paid for the actual time the
machinery and equipment are in operation on the Force Account
work.
3. Each day the Contractor’s representative and the Engineer shall compare
and reconcile the records of labor, materials and equipment used in the
Force Account Work.
4. The Contractor shall furnish the Engineer with duplicate itemized
statements of the cost for Force Account work, consisting of the following.
a. Payroll for laborers and foreman.
b. Quantities of materials, prices, extensions and transportation costs
paid by the Contractor.
Statements shall be accompanied by paid receipted invoices for
materials used, including transportation charges paid by the
contractor. If materials used in the Force Account work are not
specifically purchased but are taken from the Contractor’s stock, and
affidavit shall be furnished certifying that the materials were taken from
stock, that the quantity claimed was actually used, and that the price and
transportation costs claimed are the Contractor’s actual costs. After
receipt of statements and invoices, the Engineer will prepare a change
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order which will be submitted to the Contractor for verification and
signature.
5. Monthly payments for force account work will be issued once each
month for all work completed to the end of the preceding month.
Claims for extra work not ordered in writing by the Engineer will not
be allowed.
9.04 PROGRESS PAYMENTS, RETAINED PERCENTAGE
Monthly payment will be issued once each month for all work completed to the end of the preceding
month. Progress estimates shall be prepared by the Engineer as accurately as the available
information will permit but the only estimate that is binding will be the final estimate. Before the
final estimate is prepared, all quantities will be reviewed and rechecked. Progress payments will be
made in cash or equivalent. The Owner will retain 5% of the total amount owing the Contractor
until 90% or more of the contract has been completed. At that time such portions of the retained
percentage will be released in an amount which the Engineer determines is not required to protect
the Owner's interest in completion of the contract.
The Contractor may request partial payments for the value of “Materials on hand,”
defined as acceptable Materials produced for or provided to the Project, but not yet
incorporated into the Work. The Owner may pay for Materials on hand in an amount
not greater than the delivered cost of the Material as verified by Contractor-provided-
invoices and not greater than the Contract Unit Price for the Material complete in
place.
The Owner may pay for materials on hand when the Contractor meets the following:
1. Requests payment for at least $5,000
2. Provides Materials specifically manufactured, produced, or supplied for permanent
incorporation into the Project
3. When storage provided by the Contractor is accepted by the Engineer for Materials
delivered to, or adjacent to, the Project Site and is in accordance with Section 6.04
4. When the Contractor irrevocably assigns the Materials to the Project, stores the Materials
separately from other similar Materials, and ensures the Materials are not available for use
on other projects, and makes the Materials available for inspection by the Owner at the
Material storage location for Materials not yet delivered to, or adjacent to, the Project Site
5. Provides Materials as shown on the Plans and in accordance with the Specifications
The Contractor must also provide the following actual, authentic, customary, and
auditable documents, produced in the normal course of business, to receive payment
for Materials on hand:
6. Paid invoices or receipts for delivery of Materials
7. An itemized list detailing the cost of Contractor-produced Material
8. Documents containing complete Material description and identification
Such materials when so paid for by the Owner shall become the property of the
Owner, and in the event of the default on the part of the Contractor, the Owner may
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use or cause to be used such materials in construction of the work provided for in the
contract. The amount paid by the Owner for materials shall reduce estimates due the
Contractor as the material is used in the work. The Owner will not make partial
payments for living plant or perishable Materials as Materials on hand.
The Owner may withhold, in addition to retained percentages, from payment to the
Contractor such an amount or amounts as may be necessary to cover:
A. Defective work not remedied;
B. Claims for labor or materials furnished the Contractor or subcontractor, or reasonable
evidence indicating probable filing of such claims;
C. Failure of the Contractor to make payments properly to subcontractors or for material or
labor;
D. Amounts necessary to insure that an overpayment on the total contract amount will not
occur;
E. Evidence of damage to another contractor or private property.
The Owner may disburse and shall have the right to act as agent for the Contractor in
disbursing such funds as have been withheld pursuant to this paragraph to the party or
parties who are entitled to payment therefrom but the Owner assumes no obligation to
make such disbursement. The Owner will render to the Contractor a proper
accounting of all such funds disbursed.
9.05 ENGINEER'S ACTION ON REQUEST FOR PAYMENT
Within ten days of sub- mission of any request for payment by the Contractor, the Engineer shall:
A. Approve the request for payment as submitted; or
B. Approve such other amount as the Engineer shall decide is due the Contractor, informing
the Contractor in writing of the reasons for approving the amended amount; or
C. Withhold the request for payment, informing the Contractor in writing of the reasons for
withholding it.
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9.06 OWNER'S ACTION ON AN APPROVED REQUEST FOR PAYMENT
Within 30 days from the date of approval of a request for payment by the Engineer, the Owner shall:
A. Pay the request for payment as approved; or
B. Pay such other amount as the Owner shall decide is due the Contractor, informing the
Contractor and the Engineer in writing of the reasons for paying the amended amount; or
C. Withhold payment informing the Contractor and the Engineer of the reasons for withholding
payment.
9.07 PAYMENT FOR WORK BY THE OWNER
The cost of the work performed by the Owner in removing construction equipment, tools and
supplies and correcting deficiencies in accordance with the General Conditions shall be paid by the
Contractor.
9.08 PAYMENT FOR UNCORRECTED WORK
Should the Engineer direct the Contractor not to correct work that has been damaged or that was
not performed in accordance with the contract documents, an equitable deduction from the contract
amount shall be made to compensate the Owner for the uncorrected work.
9.09 PAYMENT FOR REJECTED WORK AND MATERIALS
The removal of work and materials rejected and the re-execution of acceptable work by the
Contractor shall be at the expense of the Contractor. The Contractor shall pay the cost of replacing
the work of other contractors destroyed or damaged by the removal of the rejected work or
materials and the subsequent replacement of acceptable work.
Removal of the rejected work or materials and storage of materials by the Owner in
accordance with the General Conditions shall be paid by the Contractor within 30
days after written notice to pay is given by the Owner. If the Contractor does not pay
the expenses of such removal and after ten day's written notice being given of the
Owner’s intent to sell the materials, the Owner may sell the materials at auction or at
private sale and shall pay to the Contractor the net proceeds therefrom after deducting
all the costs and expenses that should have been borne by the Contractor.
9.10 PAYMENT FOR WORK SUSPENDED BY THE OWNER
If the work or any part thereof shall be suspended by the Owner and abandoned by the Contractor
as provided in the General Conditions, the Contractor will then be entitled to payment for all work
performed on the portions so abandoned and nothing additional for the uncompleted portion of the
work such as overhead, expenses, and anticipated profit.
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9.11 PAYMENT FOR WORK FOLLOWING OWNER'S TERMINATION OF THE
CONTRACT
Upon termination of the contract by the Owner no further payments shall be due the Contractor
until the work is completed. If the unpaid balance of the contract amount shall exceed the cost of
completing the work including all overhead costs, the excess shall exceed the unpaid balance, the
Contractor shall pay the difference to the Owner. The cost incurred by the Owner as herein
provided, and the damage incurred through the Contractor's default, shall be certified by the Owner
and approved by the Engineer.
9.12 PAYMENT FOR WORK TERMINATED BY THE CONTRACTOR
Upon termination of the contract by the Contractor, the Contractor shall recover payment from the
Owner for work performed.
9.13 RELEASE OF LIENS
Before final payment is made to the Contractor for the work, the Contractor shall deliver to the
Owner a complete release of all liens arising out of this contract or in receipt in full in lieu thereof
and in either case, an affidavit that the releases and receipt include all the labor and material for
which a lien could be filed; but the Contractor may, if any subcontractor refuses to furnish a release,
a lien or receipt in full, furnish a bond satisfactory to the Owner which will indemnify the Owner
against any lien.
If any lien remains unsatisfied after all payments are made to the Contractor, the
Contractor shall refund to the Owner all money that the latter may be compelled to
pay in discharging such a lien, including all costs and a reasonable attorney's fee.
9.14 ACCEPTANCE AND FINAL PAYMENT
When the Contractor shall have completed the work in accordance with the terms of the contract
documents, the Engineer shall certify acceptance to the Owner and approval of the Contractor’s
final request for payment, which shall be the contract amount minus previous payments made. The
Contractor shall furnish a two-year maintenance bond and a notarized certificate that all debts for
labor, materials, and equipment incurred in connection with the work, have been fully paid,
following which the Owner shall accept the work and release the Contractor except as to the
conditions of the Maintenance Bond and legal rights of the Owner, requiring guaranties, and
correction of faulty work after final payment, and shall authorize payment of the Contractor's final
request for payment. The Contractor must allow sufficient time between time of completion of the
work and approval of the final request for payment for the Engineer to assemble and check the
necessary data.
The approval of a request for a final progress payment by the Engineer and the
making of a final or progress payment to the Contractor does not relieve the
Contractor of responsibility for faulty material or workmanship and the Owner by
such payment does not waive any claims of overpayment resulting from
mathematical error, unauthorized work, or from any other cause. Final payment will
not be made until the Contractor furnishes a certificate showing compliance with State
Statutes requiring withholding of State Income Taxes.
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9.15 TERMINATION OF CONTRACTOR'S RESPONSIBILITY
The contract will be considered complete when all work has been finished, the final inspection made
by the Engineer, and the project accepted in writing by the Owner. The Contractor's responsibility
shall then cease, except as set forth in the maintenance bond, as required by the guaranty period.
9.16 CORRECTION OF FAULTY WORK AFTER FINAL PAYMENT
The Contractor shall be held responsible for any and all defects in workmanship and materials
which may develop in any part of the entire installation furnished by the Contractor. Upon written
notice by the Engineer the Contractor shall immediately replace and make good without expense to
the Owner any such faulty part of the parts and damage done by reason of same, during the
guarantee period of two years, or as specified, from the date of final payment approval or the
installation of all work.
Should the Contractor fail to make good the defective parts within a period of 30 days
of such notification, after written notice has been given, the Owner may replace these
parts, charging the expense of same to the Contractor.
9.17 FAILURE TO PAY FOR LABOR AND MATERIALS
Pursuant to Minn. Stat. § 471.425, Subd. 4a, the contractor must pay any subcontractor within ten
(10) days of the contractor's receipt of payment from the City for undisputed services provided by
the subcontractor. The contractor must pay interest of 1½ percent per month or any part of a month
to the subcontractor on any undisputed amount not paid on time to the subcontractor. The
minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00.
For an unpaid balance of less than $100.00, the contractor shall pay the actual penalty due to the
subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the
contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in
bringing the action.
If, at any time, the Contractor fails to pay the subcontractor or the laborers employed
upon the work, or fails to pay for the material used herein, the Owner may withhold
from the money which may be due the Contractor under this agreement such amount
or amounts as may be necessary for the payment of the subcontractors, laborers, or
materials, and may, acting as agent for the Contractor, apply the same to such
payments and deduct the same from the final estimate of the Contractor.
9.18 CONTRACT DOCUMENTS:
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INFORMATION FOR BIDDERS
1. COPIES OF BIDDING DOCUMENTS.
1.1 Complete sets of the Bidding Documents in the number and for the deposit sum stated in the
Advertisement for Bids may be obtained from
.
1.2 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor
Engineer assumes any responsibility for errors or misinterpretations resulting from the use of
incomplete sets of Bidding Documents.
1.3 Owner and Engineer in making copies of Bidding Documents available on the above terms do
so only for the purpose of obtaining Bids on the work and do not confer a license or grant for
any other use.
2. QUALIFICATIONS OF BIDDERS. To demonstrate qualifications to perform the work, each Bidder must
be prepared to submit within five days of Owner’s request written evidence of financial data, and previous
experience. Each Bid must contain evidence of Bidder’s qualification to do business in the State where the
Project is located, or covenant to obtain such qualification prior to award of the Contract.
3. EXAMINATION OF CONTRACT DOCUMENTS AND SITE.
3.1 Before submitting a Bid, each Bidder must (a) examine the Contract Documents thoroughly,
(b) visit the site to familiarize himself/herself with local conditions that may in any manner
affect cost, progress or performance of the work, (c) familiarize himself/herself with Federal,
State, and Local laws, ordinances, rules, and regulations that may in any manner affect cost,
progress or performance of the work, and (d) study and carefully correlate Bidder’s observations
with the Contract Documents.
3.2 Reference is made to the Special Provisions for the identification of those reports of
investigations and tests of subsurface and latent physical conditions at the site or otherwise
affecting cost, progress or performance of the work which have been relied upon by Engineer
in preparing the Drawings and Specifications. Copies of such reports are bound with the
Specifications. These reports are not guaranteed as to accuracy or completeness, nor are they a
part of the Contract Documents. Before submitting his/her Bid, each Bidder will, at his/her own
expense, make such additional investigations and tests as the Bidder may deem necessary to
determine his/her Bid for performance of the work in accordance with the time, price, and other
terms and conditions of the Contract Documents.
3.3 On request, Owner will provide each Bidder access to the site to conduct such investigations
and tests as each Bidder deems necessary for submission of his/her Bid.
3.4 The submission of a Bid will constitute an incontrovertible representation by the Bidder that
he/she has complied with every requirement of this Article 3 and that the Contract Documents
are sufficient in scope and detail to indicate and convey understanding of all terms and
conditions for performance of the work.
4. INTERPRETATIONS. All questions about the meaning or intent of the Contract Documents shall be
submitted to Engineer in writing. Replies will be issued by Addenda mailed or delivered to all parties
recorded by Engineer as having received the Bidding Documents. Questions received less than four days
prior to the date for opening of Bids will not be answered. Only questions answered by formal written
Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.
5. BID SECURITY.
5.1 Bid security shall be made payable to the Owner, in an amount as stated in the Advertisement
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for Bids of the Bidder’s maximum Bid price, and in the form of a certified or bank check or a
Bid Bond, issued by a Surety, meeting the requirements of paragraph 2.06 of the General
Conditions.
5.2 The Bid Security of the three lowest Bidders will be retained until the successful Bidder has
executed the Agreement and furnished the required Contract Security, whereupon it will be
returned; if the successful Bidder fails to execute and deliver the Agreement and furnish the
required Contract Security within 15 days of the Notice of Award. Owner may annul the Notice
of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of any Bidder
whom Owner believes to have a reasonable chance of receiving the award (generally the second
and third low Bidder) may be retained by the Owner until the earlier of the seventh day after
the “effective date of the Agreement” (which term is defined in the General Conditions) by
Owner to Contractor and the required Contract Security is furnished or the sixty-first day after
the Bid opening. Bid security of other Bidders will be returned within seven days of the Bid
opening.
6. CONTRACT TIME. The number of days within which, or the date by which, the work is to be completed
(the Contract time) is set forth in the Bid Form and will be included in the Special Provisions.
7. LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the General Conditions,
Paragraph 8.08.
8. SUBCONTRACTORS, ETC.
8.1 If the Bid Proposal or Special Provisions require the identity of certain subcontractors and other
persons and organizations to be submitted to Owner in advance of the Notice of Award, the
apparent Successful Bidder, and any other Bidder so requests, will within seven days after the
day of the Bid Opening submit to Owner a list of all subcontractors and other persons and
organizations (including those who are to furnish the principal items of material and equipment)
proposed for those portions of the work as to which such identification is so required. Such list
shall be accompanied by an experience statement with pertinent information as to similar
projects and other evidence of qualification of each such subcontractor, person and organization
if requested by Owner. If Owner or Engineer after due investigation has reasonable objection
to any proposed subcontractor, other person or organization, either may before giving the Notice
of Award request the apparent Successful Bidder to submit an acceptable substitute without an
increase in Bid price. If the apparent successful Bidder declines to make any such substitution,
the Contract shall not be awarded to such Bidder, but his/her declining to make any such
substitution will not constitute grounds for sacrificing his/her Bid Security. Any subcontractor,
other person or organization so listed and to whom Owner or Engineer does not make written
objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and
Engineer.
8.2 In contracts where the Contract Price is on the basis of Cost-of-the-Work Plus a Fee, the
apparent Successful Bidder, prior to the Notice of Award shall identify in writing to Owner
those portions of the work that such Bidder proposes to subcontract and after the Notice of
Award may only subcontract other portions of the work with Owner’s written consent.
8.3 No Contractor shall be required to employ any subcontractor, other person or organization
against whom he/she has reasonable objection.
9. BID FORM.
9.1 One Bid Form is attached hereto and is provided to each Bidder requesting Bid Documents.
Additional copies may be obtained from the Engineer.
9.2 Bid Forms must be completed in ink or by typewriter. The Bid Price of each item on the form
must be stated in words and numerals; in case of a conflict, words will take precedence.
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9.3 Bids by corporations must be executed in the corporate name by the president or a vice-
president (or other corporate officer accompanied by evidence of authority to sign) and the
corporate seal must be affixed and attested by the secretary or an assistant secretary. The
corporate address and state of incorporation shall be shown below the signature.
9.4 Bids by partnerships must be executed in the partnership name and be signed by a partner,
whose title must appear under the signature and the official address of the partnership must be
shown below the signature.
9.5 All names must be typed or printed below the signature.
9.6 The Bid shall contain an acknowledgement of receipt of all Addenda (the number of which
shall be filled in on the Bid Form).
9.7 The address to which communications regarding the Bid are to be directed must be shown.
10. SUBMISSION OF BIDS. Bids shall be submitted at the time and place indicated in the Invitation to Bid or
Advertisement for Bids and shall be included in an opaque sealed envelope, marked with the Project title and
name and address of the Bidder and accompanied by the Bid Security and other required documents. If the
Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate
envelope with the notation “BID ENCLOSED” on the face thereof. Bids arriving at the designated place
after the designated time will be returned to the Bidder unopened.
11. MODIFICATION AND WITHDRAWAL OF BIDS.
11.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner
that a Bid must be executed) and delivered to the place where Bids are to be submitted at any
time prior to the opening of Bids.
11.2 If, within twenty-four (24) hours after Bids are opened, any Bidder files a duly signed written
notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner
that there was a material and substantial mistake in the preparation of his/her Bid, that Bidder
may withdraw his/her Bid and the Bid Security will be returned. Thereafter, that Bidder will
be disqualified from further bidding on the work.
12. OPENING OF BIDS. When Bids are opened publicly, they will be read aloud and an abstract of the
amounts of the base Bids and major alternates (if any) will be made available after the opening of Bids
13. BIDS TO REMAIN OPEN. All Bids shall remain open for sixty days after the day of the Bid opening, but
Owner may, in his/her sole discretion, release any Bid and return the Bid Security prior to that date.
14. AWARD OF CONTRACT.
14.1 Owner reserves the right to reject any and all Bids, to waive any and all informalities and to
negotiate Contract terms with the Successful Bidder, and the right to disregard all
nonconforming, non-responsive or conditional Bids. The quantities shown on the Bid Form are
estimated and are furnished only as a basis to prepare a Bid and to determine the lowest Bidder.
The Bid Price shall be determined by multiplying the unit price bid per item times the estimated
quantity per item. The sum total of all Bid Prices shall be the Contract Price and the basis for
determining the lowest Bid. Discrepancies between words and figures in a unit price bid will be
resolved to harmonize with the Bid Price. If neither the words nor figures in the unit price
harmonize with the Bid Price, the words will be used as the unit price bid.
14.2 In evaluating Bids, Owner shall consider the qualifications of the Bidders, whether or not the
Bids comply with the prescribed requirements, and alternates and unit prices if requested in
the Bid Forms. It is Owner’s intent to accept alternates (if any are accepted) in the order in
which they are listed in the Bid form but Owner may accept them in any order or combination.
14.3 Owner may consider the qualifications and experience of subcontractors and other persons and
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organizations (including those who are to furnish the principal items of material or equipment)
proposed for those portions of the work as to which the identity of subcontractors and other
persons and organizations must be submitted as provided in the Special Provisions. Operating
costs, maintenance considerations, performance data and guarantee of materials and equipment
may also be considered by Owner.
14.4 Owner may conduct such investigations as he/she deems necessary to assist in the evaluation of
any Bid and to establish the responsibility, qualifications and financial ability of the Bidders,
proposed subcontractors and other persons and organizations to do the work in accordance with
the Contract Documents to Owner’s satisfaction within the prescribed time.
14.5 Owner reserves the right to reject the Bid of any Bidder who does not pass any such evaluation
to Owner’s satisfaction.
14.6 If the Contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation by
Owner indicates to Owner that the award will be in the best interests of the Project.
14.7 If the Contract is to be awarded, Owner will give the Successful Bidder a Notice of Award
within sixty days after the date of the Bid opening or other specified date.
15. PERFORMANCE AND OTHER BONDS. Paragraph 3.04 of the General Conditions set forth Owner’s
requirements as to performance and other Bonds. When the Successful Bidder delivers the executed
Agreement to Owner, it shall be accompanied by the required Contract Security.
16. SIGNING OF AGREEMENT. When Owner gives a Notice of Award to the Successful Bidder, it will be
accompanied by at least three unsigned counterparts of the Agreement and all other Contract Documents.
Within fifteen days thereafter, Contractor shall sign and deliver at least three counterparts of the Agreement
to Owner with all other Contract Documents attached. Within ten days thereafter, Owner will deliver all
fully signed counterparts to Contractor. Engineer will identify those portions of the Contract Documents not
fully signed by Owner and Contractor and such identification shall be binding on all parties.
17. SPECIAL LEGAL REQUIREMENTS. Special Legal Requirements, if any, will be included in the Special
Provisions.
END OF DOCUMENT
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FORM OF AGREEMENT
BETWEEN CITY OF CHANHASSEN AND CONTRACTOR
THIS AGREEMENT, made this day of , 20 , by and
between the CITY OF CHANHASSEN, a Minnesota municipal corporation
(“Owner”) and _______________ (“Contractor”). Owner and Contractor,
in consideration of the mutual covenants set forth herein, agree as follows:
1. CONTRACT DOCUMENTS. The following documents shall be referred to as
the “Contract Documents”, all of which shall be taken together as a whole as the contract between
the parties as if they were set verbatim and in full herein:
A. This Agreement;
B. Specifications dated ;
C. City of Chanhassen General Conditions of the Construction Contract;
D. Quote/Bid dated .
In the event of a conflict among the provisions of the Contract Documents, the order
in which they are listed above shall control in resolving any such conflicts with
Contract Document “A” having the first priority and Contract Document “D” having
the last priority.
2. OBLIGATIONS OF THE CONTRACTOR. The contractor shall provide the
goods, services, and perform the work in accordance with the Contract Documents.
3. CONTRACT PRICE. Owner shall pay Contractor for completion of the Work in
accordance with the Contract Documents .
4. PAYMENT PROCEDURES.
A. Contractor shall submit Applications for Payment. Applications for
Payment will be processed by Engineer as provided in the General
Conditions.
B. Progress Payments; Retainage. Owner shall make 95% progress payments
on account of the Contract Price on the basis of Contractor’s Applications
for Payment during performance of the Work.
C. Payments to Subcontractor.
(1) Prompt Payment to Subcontractors. Pursuant to Minn. Stat. §
471.425, Subd. 4a, the Contractor must pay any subcontractor within
ten (10) days of the Contractor’s receipt of payment from the City
for undisputed services provided by the subcontractor. The
Contractor must pay interest of 1½ percent per month or any
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part of a month to the Subcontractor on any undisputed amount not paid on time to
the subcontractor. The minimum monthly interest penalty payment for an unpaid
balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00,
the Contractor shall pay the actual penalty due to the subcontractor.
(2) Form IC-134 (attached) required from general contractor. Minn. Stat. §
290.92 requires that the City of Chanhassen obtain a Withholding
Affidavit for Contractors, Form IC-134, before making final payments
to Contractors. This form needs to be submitted by the Contractor to the
Minnesota Department of Revenue for approval.
The form is used to receive certification from the state that the vendor has complied
with the requirement to withhold and remit state withholding taxes for employee
salaries paid.
D. Final Payment. Upon final completion of the Work, Owner shall pay the
remainder of the Contract Price as recommended by Engineer.
5. COMPLETION DATE/LIQUIDATED DAMAGES.
A. The Work must be completed within ( ) days after the date the Contract
Times commence to run, and completed and ready for final payment in
accordance with the General Conditions within ( ) days after the
date when the Contract Times commence to run.
B. Contractor and Owner recognize that time is of the essence of this Agreement
and that Owner will suffer financial loss if the Work is not completed within the
times specified in Paragraph 5.A. above, plus any extensions thereof allowed.
The parties also recognize the delays, expense, and difficulties involved in
proving in a legal or arbitration proceeding the actual loss suffered by Owner if
the Work is not completed on time. Accordingly, instead of requiring any such
proof, Owner and Contractor agree that as liquidated damages for delay (but
not as a penalty), Contractor shall pay Owner $ for each calendar
day that expires after the time specified in Paragraph 5.A. for Completion until
the Work is complete.
Daily costs are based on MnDOT Table 1807-1, "Schedule of Liquidated
Damages as follows:
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TABLE 1807-1
SCHEDULE OF LIQUIDATED
DAMAGES
Original Contract Amount Charge
Per
Cal.
Day
From More Than
($)
To and Including
($)
0 25,000 300
25,000 100,000 400
100,000 500,000 900
500,000 1,000,000 1,200
1,000,000 2,000,000 1,500
2,000,000 5,000,000 2,500
5,000,000 10,000,000 3,000
10,000,000 ---- 3,500
6. CONTRACTOR’S REPRESENTATIONS.
A. Contractor has examined and carefully studied the Contract Documents and
other related data identified in the Contract Documents.
B. Contractor has visited the Site and become familiar with and is satisfied as to
the general, local, and Site conditions that may affect cost, progress, and
performance of the Work.
C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws
and Regulations that may affect cost, progress, and performance of the Work.
D. Contractor has carefully studied all: (1) reports of explorations and tests of
subsurface conditions at or contiguous to the Site and all drawings of physical
conditions in or relating to existing surface or subsurface structures at or
contiguous to the Site (except Underground Facilities) which have been
identified in the General Conditions and (2) reports and drawings of a
Hazardous Environmental Condition, if any, at the site.
E. Contractor has obtained and carefully studied (or assumes responsibility for
doing so) all additional or supplementary examinations, investigations,
explorations, tests, studies, and data concerning conditions (surface, subsurface,
and Underground Facilities) at or contiguous to the Site which may affect cost,
progress, or performance of the Work or which relate to any aspect of the means,
methods, techniques, sequences, and procedures of construction to be employed
by Contractor, including any specific means, methods, techniques, sequences,
and procedures of construction expressly required by the Bidding Documents,
and safety precautions and programs incident thereto.
F. Contractor does not consider that any further examinations, investigations,
explorations, tests, studies, or data are necessary for the performance of the
Work at the Contract Price, within the Contract Times, and in
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accordance with the other terms and conditions of the Contract Documents.
G. Contractor is aware of the general nature of work to be performed by Owner
and others at the Site that relates to the Work as indicated in the Contract
Documents.
H. Contractor has correlated the information known to Contractor, information and
observations obtained from visits to the Site, reports and drawings identified in
the Contract Documents, and all additional examinations, investigations,
explorations, tests, studies, and data with the Contract Documents.
I. Contractor has given Engineer written notice of all conflicts, errors,
ambiguities, or discrepancies that Contractor has discovered in the Contract
Documents, and the written resolution thereof by Engineer is acceptable to
Contractor.
J. The Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performance and furnishing of the
Work.
K. Subcontracts:
(1) Unless otherwise specified in the Contract Documents, the
Contractor shall, upon receipt of the executed Contract Documents,
submit in writing to the Owner the names of the Subcontractors
proposed for the work. Subcontractors may not be changed except at
the request or with the consent of the Owner.
(2) The Contractor is responsible to the Owner for the acts and
omissions of the Contractor's subcontractors, and of their direct and
indirect employees, to the same extent as the Contractor is responsible
for the acts and omissions of the Contractor's employees.
(3) The Contract Documents shall not be construed as creating any
contractual relation between the Owner, the Engineer, and any
Subcontractor.
(4) The Contractor shall bind every Subcontractor by the terms of the
Contract Documents.
7. WORKER’S COMPENSATION. The Contractor shall obtain and maintain for
the duration of this Contract, statutory Worker’s Compensation Insurance and Employer’s
Liability Insurance as required under the laws of the State of Minnesota.
8. COMPREHENSIVE GENERAL LIABILITY. Contractor shall obtain the
following minimum insurance coverage and maintain it at all times throughout the life of the
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Contract, with the City included as an additional name insured on a primary and non-
contributory basis. The Contractor shall furnish the City a certificate of insurance
satisfactory to the City evidencing the required coverage:
Bodily Injury: $2,000,000 each occurrence
$2,000,000 aggregate products and completed operations
Property Damage: $2,000,000 each occurrence
$2,000,000 aggregate Contractual Liability (identifying the contract):
Bodily Injury: $2,000,000 each occurrence
Property Damage: $2,000,000 each occurrence
$2,000,000 aggregate
Personal Injury, with Employment Exclusion deleted:
$2,000,000 aggregate Comprehensive Automobile Liability (owned, non-owned,
hired):
Bodily Injury: $2,000,000 each occurrence
$2,000,000 each accident
Property Damage: $2,000,000 each occurrence
9. WARRANTY. The Contractor guarantees that all new equipment warranties as
specified within the quote shall be in full force and transferred to the City upon payment by the
City. The Contractor shall be held responsible for any and all defects in workmanship, materials,
and equipment which may develop in any part of the contracted service, and upon proper
notification by the City shall immediately replace, without cost to the City, any such faulty part or
parts and damage done by reason of the same in accordance with the bid specifications.
10. INDEMNITY. The Contractor agrees to indemnify and hold the City harmless
from any claim made by third parties as a result of the services performed by it. In addition, the
Contractor shall reimburse the City for any cost of reasonable attorney’s fees it may incur as a
result of any such claims.
11. MISCELLANEOUS.
A. Terms used in this Agreement have the meanings stated in the General
Conditions.
B. Owner and Contractor each binds itself, its partners, successors, assigns
and legal representatives to the other party hereto, its partners, successors,
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assigns and legal representatives in respect to all covenants, agreements, and
obligations contained in the Contract Documents.
C. Any provision or part of the Contract Documents held to be void or
unenforceable under any Law or Regulation shall be deemed stricken, and
all remaining provisions shall continue to be valid and binding upon Owner
and Contractor, who agree that the Contract Documents shall be reformed
to replace such stricken provision or part thereof with a valid and
enforceable provision that comes as close as possible to expressing the
intention of the stricken provisions.
D. Data Practices/Records.
(1) All data created, collected, received, maintained or disseminated for
any purpose in the course of this Contract is governed by the
Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any
other applicable state statute, or any state rules adopted to implement
the act, as well as federal regulations on data privacy.
(2) All books, records, documents and accounting procedures and
practices to the Contractor and its subcontractors, if any, relative to
this Contract are subject to examination by the City.
E. Software License. If the equipment provided by the Contractor pursuant to
this Contract contains software, including that which the manufacturer may
have embedded into the hardware as an integral part of the equipment, the
Contractor shall pay all software licensing fees. The Contractor shall also
pay for all software updating fees for a period of one year following cutover.
The Contractor shall have no obligation to pay for such fees thereafter.
Nothing in the software license or licensing agreement shall obligate the
City to pay any additional fees as a condition for continuing to use the
software.
F. Patented devices, materials and processes. If the Contract requires, or the
Contractor desires, the use of any design, devise, material or process
covered by letters, patent or copyright, trademark or trade name, the
Contractor shall provide for such use by suitable legal agreement with the
patentee or owner and a copy of said agreement shall be filed with the
Owner. If no such agreement is made or filed as noted, the Contractor shall
indemnify and hold harmless the Owner from any and all claims for
infringement by reason of the use of any such patented designed, device,
material or process, or any trademark or trade name or copyright in
connection with the Project agreed to be performed under the Contract, and
shall indemnify and defend the Owner for any costs, liability, expenses and
attorney's fees that result from any such infringement
G. Assignment. Neither party may assign, sublet, or transfer any interest or
obligation in this Contract without the prior written consent of the other
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party, and then only upon such terms and conditions as both parties may agree to and
set forth in writing.
H. Waiver. In the particular event that either party shall at any time or times
waive any breach of this Contract by the other, such waiver shall not
constitute a waiver of any other or any succeeding breach of this Contract
by either party, whether of the same or any other covenant, condition or
obligation.
I. Governing Law/Venue. The laws of the State of Minnesota govern the
interpretation of this Contract. In the event of litigation, the exclusive venue
shall be in the District Court of the State of Minnesota for Carver County.
J. Severability. If any provision, term or condition of this Contract is found
to be or become unenforceable or invalid, it shall not affect the remaining
provisions, terms and conditions of this Contract, unless such invalid or
unenforceable provision, term or condition renders this Contract impossible
to perform. Such remaining terms and conditions of the Contract shall
continue in full force and effect and shall continue to operate as the parties’
entire contract.
K. Entire Agreement. This Contract represents the entire agreement of the
parties and is a final, complete and all inclusive statement of the terms
thereof, and supersedes and terminates any prior agreement(s),
understandings or written or verbal representations made between the
parties with respect thereto.
L. Permits and Licenses; Rights-of-Way and Easements. The Contractor shall
procure all permits and licenses, pay all charges and fees therefore, and give
all notices necessary and incidental to the construction and completion of
the Project. The City will obtain all necessary rights-of-way and easements.
The Contractor shall not be entitled to any additional compensation for any
construction delay resulting from the City’s not timely obtaining rights-of-
way or easements.
M. If the work is delayed or the sequencing of work is altered because of the
action or inaction of the Owner, the Contractor shall be allowed a time
extension to complete the work but shall not be entitled to any other
compensation.
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CITY OF CHANHASSEN CONTRACTOR
BY: _______________________________
Elise Ryan, Mayor
________________________________
BY: _______________________________
Laurie Hokkanen, City Manager
BY: ____________________________
Its ____________
END OF DOCUMENT
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PERFORMANCE BOND
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
SURETY (Name and Address of Principal Place of Business):
OWNER (Name and Address)
CONSTRUCTION CONTRACT
Date:
Amount:
Description (Name and Location):
BOND
Date (Not earlier than Construction Contract Date):
Amount:
Modification to this Bond Form: None.
CONTRACTOR AS PRINCIPAL SURETY
(Seal) (Seal)
Bidder's Name and Corporate Seal Surety's Name and Corporate Seal
By:
Signature and Title
By:
Signature and Title
CONTRACTOR AS PRINCIPAL SURETY
(Seal) (Seal)
Bidder's Name and Corporate Seal Surety's Name and Corporate Seal
By:
Signature and Title
By:
Signature and Title
CONTRACTOR (Name and Address):
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1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and
assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference.
2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond,
except to participate in conferences as provided in Subparagraph 3.1.
3. If there is no Owner Default, the Surety's obligation under this Bond shall arise after:
3.1. The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below, that the Owner is
considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor
and the Surety to be held not later than fifteen days after receipts of such notice to discuss methods of performing the
Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable
time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently
to declare a Contractor Default; and
3.2. The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract.
Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received
notice as provided in Subparagraph 3.1; and
3.3. The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the
Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of
the contract with the Owner.
4. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one
of the following actions:
4.1. Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or
4.2. Undertake to perform and complete the Construction Contract itself; through its agents or through independent
contractors; or
4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance
and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the
contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a
qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of
damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the resulting from the
Contractor's default; or
4.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable
promptness under the circumstances:
1. After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after
the amount is determined, tender payment therefore to the Owner; or
2. Deny liability in whole or in part and notify the Owner citing reasons therefore.
5. If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in
default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that
the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the
Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety
has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to
the Owner.
6. After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elected to act
under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those
of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater
than those of the Owner under the Construction Contract.. To the limit of the amount of this Bond, but subject to
commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction
Contract, the Surety is obligated without duplication for:
6.1. The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract:
6.2. Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the
actions or failure to act of the Surety under Paragraph 4; and
6.3. Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by
delayed performance or non-performance of the Contractor.
7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction
Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.
No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors,
administrators, or successors.
8. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related
subcontractors, purchase orders and other obligations.
9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in
which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two
years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of
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this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the
jurisdiction of the suit shall be applicable.
10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page.
11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the
construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be
deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law
bond.
12. DEFINITIONS
12.1. Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction
Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or
to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,
reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract.
12.2. Construction Contract: The agreement between the Owner and the Contractor identified on the signature page,
including all Contract Documents and changes thereto.
12.3. Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or
otherwise to comply with the terms of the Construction Contract.
12.4. Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as
required by the Construction Contract or to perform and complete or comply with the other terms thereof.
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GC-64
PAYMENT BOND
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place
Of Business):
OWNER (Name and Address):
CONTRACT
Date:
Amount:
Description (Name and Location):
BOND
Date (Not earlier than Contract Date):
Amount:
Modifications to this Bond Form:
Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof,
do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or
representative.
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature: Signature:
Name and Title: Name and Title:
(Attach Power of Attorney)
(Space is provided below for signatures of additional parties, if required.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature: Signature:
Name and Title: Name and Title:
EJCDE No. 1910-28-A (1996 Edition)
Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the
Associated General Contractors of America, and the American Institute of Architects.
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1. The CONTRACTOR and the Surety, jointly and severally, bind themselves,
their heirs, executors, administrator, successors and assigns to the OWNER to
pay for labor, materials and equipment furnished for use in the performance of
the Contract, which is incorporated herein by reference.
2. With respect to the OWNER, this obligation shall be null and void if the
CONTRACTOR:
2.1 Promptly makes payment, directly or indirectly, for all sums due
Claimants, and
2.2 Defends, indemnifies and holds harmless the OWNER from all claims,
demands, liens or suits by any person or entity who furnished labor, materials or
equipment for use in the performance of the Contract, provided the OWNER has
promptly notified the CONTRACTOR and the Surety (at the addresses described
in paragraph 12) of any claims, demands, liens or suits and tendered defense of
such claims, demands, liens or suits to the CONTRACTOR and the Surety, and
provided there is no OWNER Default.
3. With respect to Claimants, this obligation shall be null and void if the
CONTRACTOR promptly makes payment, directly or indirectly, for all sums
due.
4. The Surety shall have no obligation to Claimants under this bond until:
4.1 Claimants who are employed by or have a direct contract with the
CONTRACTOR have given notice to the Surety (at the addresses described in
paragraph 12) and sent a copy, of notice thereof, to the OWNER, stating that a
claim is being made under this Bond and, with substantial accuracy, the amount
of the claim.
4.2 Claimants who do not have a direct contract with the CONTRACTOR:
1. Have furnished written notice to the CONTRACTOR and sent a copy,
or notice thereof, to the OWNER, within 90 days after having last performed
labor or last furnished materials or equipment included in the claim stating, with
substantial accuracy, the amount of the claim and the name of the party to who
the materials are furnished or supplied or for whom the labor was done or
formed; and
2. Have either received a rejection in whole or in part from the
CONTRACTOR, or not received within 30 days of furnishing the above notice
any communication from the CONTRACTOR by which the CONTRACTOR
had indicated the claim will be paid directly or indirectly; and
3. Not having been paid within the above 30 days, have sent a written
notice to the Surety and sent a copy, or notice thereof, to the OWNER, stating
that a claim is being made under this Bond and enclosing a copy of the previous
written notice furnished to the CONTRACTOR.
5. If a notice required by paragraph 4 is given by the OWNER to the
CONTRACTOR or to the Surety, that is sufficient compliance.
6. When the Claimant has satisfied the conditions of paragraph 4, the Surety
shall promptly and at the Surety's expense take the following actions:
6.1 Send an answer to the Claimant, with a copy to the OWNER, within 45
days after receipt of the claim, stating the amounts that are undisputed and the
basis for challenging any amounts that are disputed.
6.2 Pay or arrange for payment of any undisputed amounts.
7. The Surety's total obligation shall not exceed the amount of this Bond, and the
amount of this Bond shall be credited for any payments made in good faith by the
Surety.
8. Amounts owed by the OWNER to the CONTRACTOR under the Contract
shall be used for the performance of the Contract and to satisfy claims, if any,
under any Performance Bond. By the CONTRACTOR furnishing and the
OWNER accepting this Bond, they agree that all funds earned by the
CONTRACTOR in the performance of the Contract are dedicated to satisfy
obligations of the CONTRACTOR and the Surety under this Bond, subject to the
OWNER's priority to use the funds for the completion of the Work.
(FOR INFORMATION ONLY—Name, Address, and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (ENGINEER or
other party)
9. The Surety shall not be liable to the OWNER, Claimants or others for
obligations of the CONTRACTOR that are unrelated to the Contract. The
OWNER shall not be liable for payment of any costs or expenses of any
Claimant under this Bond, and shall have under this Bond no obligations to
make payments to, give notices on behalf of, or otherwise have obligations
to Claimants under this Bond.
10. The Surety hereby waives notice of any change, including changes of
time, to the Contract or to related Subcontracts, purchase orders and other
obligations.
11. No suit or action shall be commenced by the Claimant under this Bond
other than in a court of competent jurisdiction in the location in which the
Work or part of the Work is located or after the expiration of one year from
the date (1) on which the Claimant gave the notice required by paragraph
4.1 or paragraph 4.2.3, or (2) on which the last labor or service was
performed by anyone or the last materials or equipment were furnished by
anyone under the Construction Contract, whichever of (1) or (2) first
occurs. If the provisions of this paragraph are void or prohibited by law,
the minimum period of limitation available to sureties as a defense in the
jurisdiction of the suit shall be applicable.
12. Notice to the Surety, the OWNER or the CONTRACTOR shall be
mailed or delivered to the addresses shown on the signature page. Actual
receipt of notice by Surety, the OWNER or the CONTRACTOR, however
accomplished, shall be sufficient compliance as of the date received at the
address shown on the signature page.
13. When this bond has been furnished to comply with a statutory or other
legal requirement in the location where the Contract was to be performed,
any provision in this Bond conflicting with said statutory or legal
requirement shall be deemed deleted here from and provisions confirming
to such statutory or other legal requirement shall be deemed incorporated
herein. The intent is, that this Bond shall be construed as a statutory Bond
and not as a common law bond.
14. Upon request of any person or entity appearing to be a potential
beneficiary of this Bond, the CONTRACTOR shall promptly furnish a
copy of this Bond or shall permit a copy to be made.
15. DEFINITIONS
15.1 Claimant: An individual or entity having a direct contract with
the CONTRACTOR or with a Subcontractor of the CONTRACTOR to
furnish labor, materials or equipment for use in the performance of the
Contract. The intent of this Bond shall be to include within limitation in
the terms "labor, materials or equipment" that part of water, gas, power,
light, heat, oil, gasoline, telephone service or rental equipment used in the
Contract, architectural and engineering services required for performance
of the Work of the CONTRACTOR and the CONTRACTOR's
Subcontractors, and all other items for which a mechanic's lien may be
asserted in the jurisdiction where the labor, materials or equipment were
furnished.
15.2 Contract: The agreement between the OWNER and the
CONTRACTOR identified on the signature page, including all Contract
Documents and changes thereto.
15.3 OWNER Default: Failure of the OWNER, which has neither
been remedied nor waived, to pay the CONTRACTOR as required by the
Contractor or to perform and complete or comply with the other terms
thereof.
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GC-66
FORM OF NON-COLLUSION AFFIDAVIT
(MUST BE SUBMITTED WITH BID PROPOSAL)
Affidavit of Non-Collusion:
I hereby swear (or affirm) under the penalty for perjury:
1. That I am the bidder (if the bidder is an individual), a partner in the bidder
partnership (if the bidder is a partnership), or an officer or employee of
the bidding corporation having authority to sign on its behalf (if the
bidder is a corporation).
2. That the attached bid or bids have been arrived at by the bidder
independently, and have been submitted without collusion with, and
without, any other vendor of materials, supplies, equipment, or other
services described in the invitation to bid, designed to limit independent
bidding or competition.
3. That the contents of the bid or bids have not been communicated by the
bidder or its employees or agents to any person not an employee or agent
of the bidder or its surety on any bond furnished with the bid or bids, and
will not be communicated to any such person prior to the official opening
of the bids or bids; and
4. That I have fully informed myself regarding the accuracy of the
statements made in this affidavit.
Signed _____________________________________
Firm _______________________________________
Name ______________________________________
Address_____________________________________
____________________________________________
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CONTRACTOR VERIFICATION OF COMPLIANCE
The undersigned, being first duly sworn, as a responding contractor on the Project,
represents and swears as follows:
Now, and at all times during the duration of the Project, the undersigned complies
with each of the minimum criteria in Minn. Stat. § 16C.285, subd. 3, the Responsible
Contractor statute.
The undersigned understands that a failure to meet or verify compliance with the
minimum criteria established for a "responsible contractor" as defined in Minn. Stat. §
16C.285, subd. 3, renders a bidder ineligible to be awarded a construction contract for the
Project or to perform work on the Project.
Upon request, the undersigned will submit copies of the signed verifications of
compliance from all subcontractors.
The undersigned understands that a false statement under oath verifying compliance
with any of the minimum criteria shall make the undersigned, or its subcontractor that makes
the false statement, ineligible to be awarded a construction project and may result in
termination of a contract awarded to the undersigned or its subcontractor that submits a false
statement.
CONTRACTOR:
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GC-68
RESPONSIBLE CONTRACTOR VERIFICATION OF COMPLIANCE
Minnesota Statutes, Section 16C.285, subdivision 3. Responsible Contractor, Minimum
Criteria. “Responsible Contractor” means a contractor that conforms to the responsibility
requirements in the solicitation document for its portion of the work on the project and verifies that
it meets the minimum criteria set forth below. Each contractor or subcontractor shall obtain from all
subcontractors with which it will have a direct contractual relationship a signed statement under
oath by an owner or officer verifying that they meet all of the minimum criteria in subdivision 3
prior to execution of a construction contract with each subcontractor.
1. The Contractor:
i. is in compliance with workers' compensation and unemployment insurance
requirements;
ii. is in compliance with the Department of Revenue and the Department of
Employment and Economic Development registration requirements if it has
employees;
iii. has a valid federal tax identification number or a valid Social Security number if an
individual; and
iv. has filed a certificate of authority to transact business in Minnesota with the
secretary of state if a foreign corporation or cooperative.
2. The contractor or related entity is in compliance with and, during the three-year period
before submitting verification, has not violated section 177.24, 177.25, 177.41 to 177.44,
181.13, 181.14, or 181.722, and has not violated United States Code, title 29, sections 201
to 219, or United States Code, title 40, section 3141 to 3148. For purposes of this clause, a
violation occurs when a contractor or related entity:
i. repeatedly fails to pay statutorily required wages or penalties on one or more
separate projects for a total underpayment of $25,000 or more within the three-year
period, provided that a failure to pay is “repeated” only if it involves two or more
separate and distinct occurrences of underpayment during the three-year period;
ii. has been issued an order to comply by the commissioner of labor and industry that
has become final;
iii. has been issued at least two determination letters within the three-year period by the
Department of Transportation finding an underpayment by the contractor or related
entity to its own employees;
iv. has been found by the commissioner of labor and industry to have repeatedly or
willfully violated any of the sections referenced in this clause pursuant to section
177.27;
v. has been issued a ruling or findings of underpayment by the administrator of the
Wage and Hour Division of the United States Department of Labor that have
become final or have been upheld by an administrative law judge or the
Administrative Review Board; or
vi. has been found liable for underpayment of wages or penalties or misrepresenting a
construction worker as an independent contractor in an action brought in a court
having jurisdiction.
Provided that, if the contractor or related entity contests a determination of
underpayment by the Department of Transportation in a contested case proceeding, a
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GC-69
violation does not occur until the contested case proceeding has concluded with a
determination that the contractor or related entity underpaid wages or penalties;*
3. The contractor or related entity is in compliance with and, during the three-year period
before submitting the verification, has not violated section 181.723 or chapter 326B. For
purposes of this clause, a violation occurs when a contractor or related entity has been
issued a final administrative or licensing order;*
4. The contractor or related entity has not, more than twice during the three-year period before
submitting the verification, had a certificate of compliance under section 363A.36 revoked
or suspended based on the provisions of section 363A.36, with the revocation or suspension
becoming final because it was upheld by the Office of Administrative Hearings or was not
appealed to the office;*
5. The contractor or related entity has not received a final determination assessing a monetary
sanction from the Department of Administration or Transportation for failure to meet
targeted group business, disadvantaged business enterprise, or veteran-owned business
goals, due to a lack of good faith effort, more than once during the three-year period before
submitting the verification; and*
6. The contractor or related entity is not currently suspended or debarred by the federal
government or the state of Minnesota or any of its departments, commissions, agencies, or
political subdivisions that have authority to debar a contractor.
*Any violations, suspensions, revocations, or sanctions, as defined in clauses 2 to 5
occurring prior to July 1, 2014, shall not be considered in determining whether a contractor
or related entity meets the minimum criteria.
Certification
By signing this document, I am certifying that I am an owner or officer of the contractor and
am verifying under oath that:
1. Contractor is in compliance with Minnesota Statutes, Section 16C.285, and
2. I have included Attachment A-1.
Contractor Company Name Date
Authorized Signature of Owner or Officer Printed Name
Title
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ATTACHMENT A-1: FIRST-TIER SUBCONTRACTORS LIST
(Initial List)
Minnesota Statutes, Section 16C.285, subdivision 5. A prime contractor or subcontractor shall
include in its verification of compliance . . . a list of all of its first-tier subcontractors that it intends
to retain for work on the project.
SUBMIT WITH CONTACTOR SOLICITATION RESPONSE
NAME OF FIRST TIER SUBCONTRACTORS
(Legal name of company as registered with the
Secretary of State)
Company Address Work to be
Performed
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NOTICE OF AWARD
Dated , 20
TO:
(BIDDER)
ADDRESS:
PROJECT
OWNER’S CONTRACT NO.
CONTRACT FOR
You are notified that your Bid dated , 20 or the above Contract has
been considered. You are the apparent Successful Bidder and have been awarded a contract for
The Contract Price of your contract is
and xx/100......................................................................................... Dollars ($ ).
copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award.
sets of the Drawings will be delivered separately or otherwise made available to you immediately.
You must comply with the following conditions precedent within fifteen days of the date of this Notice of
Award, that is by , 20 .
1. You must deliver to the OWNER fully executed counterparts of the
Agreement including all the Contract Documents. Each of the Contract Documents must bear
your signature.
2. You must deliver with the executed Agreement the Performance Bond and Payment Bond as
specified in the General Conditions.
3. You must deliver with the executed Agreement a Certificate of Insurance as specified in the
General Conditions.
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NOTICE TO PROCEED
Dated , 20
TO:
(CONTRACTOR)
ADDRESS:
PROJECT
OWNER’S CONTRACT NO.
CONTRACT FOR
You are notified that the Contract Times under the above contract will commence to run on
, 20 . By that date, you are to start performing your obligations under Contract
Documents. In accordance with Article 3 of the Agreement, the dates of Substantial Completion and completion and
readiness for final payment are , 20 , and , 20 .
Before you may start any Work at the site, you must
CITY OF CHANHASSEN
(OWNER)
By:
(AUTHORIZED SIGNATURE)
(TITLE)
ACCEPTANCE OF AWARD
(CONTRACTOR)
By:
(AUTHORIZED SIGNATURE)
(TITLE)
(DATE)
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9.19 AS-BUILT REQUIREMENTS
Upon completion of construction and acceptance of the final punchlist, all elements of
the project shall be remeasured with an as-built field survey. The as-built plans shall
be corrected and modified to show correct distances, elevations, dimensions, and any
other change in the specific detail of the plans. All changes shall be drawn to scale to
accurately represent the work constructed. All elevation/length changes shall be
crossed out and correct information added and all locations updated on the as-built
plans.
Upon completion of all public utility and street improvement projects and within 60
days of acceptance of the final punchlist, the project engineer shall supply a set of as-
built drawings and tie-cards in .pdf format to the City for review. If changes or
corrections are required, the as-built plans and tie cards will be returned to the project
engineer showing any corrections to be made as marked in red.
Once all changes to the as-built plans have been made and approved by the City, the
project engineer shall supply the City with all submittals required under Section 2.
Electronic Documents, below.
1. As-built Requirements:
A. Indicate on the cover sheet of the as-built drawings the benchmark system, the
contractor(s) that performed the street and/or utility improvements, the Engineer of
Record, and if applicable the Developer. The top nut on each fire hydrant shall be noted
and used as a benchmark.
B. All curb boxes, gate valves, and draintile clean-outs shall be located by swing ties shown
on the as-built plans and shall be measured in the field at the time of installation.
1. Curb box swing ties are to be supplied on the City of Chanhassen's standard
tie card (Detail Plate No. 5221). Only the curb box swing tie applicable for
the lot it is servicing shall be shown on the tie card.
2. Swing ties to permanent structures such as manholes, catch basins, fire
hydrants, etc. shall be no longer than 100 feet in length.
3. Utility boxes, trees, property corners are not acceptable swing tie points.
4. If a permanent structure is not available within the 100-foot length, or there is
no sanitary sewer to properly reference a station of the curb stop at the
property line from a downstream manhole, a third tie point of not more than
150 feet is to be supplied or tied between curb boxes.
C. The water main profile shall be shown with the appropriate information as to size, type
of pipe, depth of cover, location of vertical bends, and any insulation.
D. All sanitary and storm sewer lines shall be shown in plan and profile with the appropriate
information as to size, type of material, length, class of pipe, vertical separation (in feet)
of utility crossings, grade and elevations.
E. All manholes shall be numbered in both plan and profile view utilizing the approved
City’s nomenclature. All inverts, top of casting or rim elevations, depth of manhole and
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stationing shall be provided. Stationing of sanitary sewer wyes shall be provided from
the downstream manhole.
F. If water and sewer services are not located in the same trench, it shall be noted on the
as-built plans.
G. If sanitary sewer service risers are constructed, the elevation (z) and coordinates (x, y)
of the riser shall be provided and shown on the profile view to scale.
H. The storm sewer as-built plans shall provide the limits of all ponding (normal and high
water elevations), acres-feet of storage, outlet control structure details (including all
invert elevations), and typical sections for each stormwater BMP.
I. Prior to acceptance, all stormwater BMPs shall be field surveyed. The
Engineer of Record shall confirm the BMPs have been constructed per the
approved design.
1. The most recent Stormwater BMP Compliance and Acceptance Form
shall be provided for each stormwater BMP installed in conjunction
with the project prior to acceptance.
J. The grading as-built plan must have spot elevations on all lot corners, building pads,
swales/berms, emergency overflows and all other critical drainage areas.
K. The storm sewer as-built plans shall include all drainage culverts, original and final
grade of cover over pipe on the profile view if not indicated on street grade profile.
L. The street as-built plans shall indicate the original and final grades as constructed, type
of curb/gutter, sidewalk, draintile and associated clean-outs, manhole castings, hydrants,
street width (back of curb to back of curb), right-of-way width, and curve data.
1. Any sub-base excavation performed in efforts to correct unstable soil
conditions shall be shown on the as-built plans indicating depth of sub-cut,
sub-cut from station to station, type of backfill (select granular, size of rock,
etc.), and location by center line station of any fabric that may have been used.
2. The most recent MnDOT ADA Compliance Checklist (Curb Ramp) shall be
provided for each curb ramp installed in conjunction with the project.
M. All draintile used on the project shall be shown on the as-built street and storm drainage
plans. The as-built plans shall also provide the size of pipe and depth installed.
N. The lot and block numbers from the approved final plat and any easements which exist
shall be shown on the as-built plans.
O. Each as-built plan sheet shall indicate the date of installation, labeled as as-built or
record plan, and the contractor who performed the work for the associated street and/or
utility improvements.
P. All trace wire access boxes shall be shown on the as-built plan. A note shall be added
next to each box labeling the utility that it locates.
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2. Electronic Format
A. All construction plans must be submitted electronically to the City in AutoCAD .DWG
or .DXF format in Carver County Coordinates within 120 days after completion of
construction and acceptance of the final punchlist. In AutoCAD combine the XREFs to
the layout drawings. All survey GPS data collected for the as-built plans must be
delivered as a text file (.CSV) or GIS dataset (shapefile, Esri geodatabse). The data must
include corresponding as-built structure reference numbers/ids for each corresponding
GPS record. Each GPS record must include X, Y coordinates and Z elevation values.
Data delivered must adhere to the horizontal control and vertical control requirements
as defined in requirements found under subsection D. and E., below.
B. The electronic plans shall be submitted within three folders. The first folder should
contain .DWG or .DXF drawings.
1. AS-BUILT PLAN SET (DWG): This folder should contain the entire as-built
plan set and any drawings or pictures referenced to the plan set. It should also
contain drawings related to the existing utilities and the proposed utilities
submitted as construction drawings.
2. AS-BUILT PLAN SET (PDF): This folder should contain signed, full size
copies of the plan set and final plat in .pdf format.
3. TIE CARDS: This folder should contain the tie cards submitted in .pdf format.
Refer to City Detail Plate 5221 for tie card requirements.
C. All electronic files must be accompanied by a “layer description list” which defines what
each layer name represents within the drawing (e.g. “E-SAN is the existing sanitary
sewer”, etc.). Only active layers need to be defined.
D. Horizontal Control of the Construction Record Drawings and Final Plat must be on the
Carver County Coordinate System.
E. Vertical Control of the Construction Record Drawings must be on the City’s Benchmark
System. The vertical control loop tying the project to the City’s benchmark must be
submitted with the record drawings.
230
Request for Quotes
2026 City Televising Project
City Project N. 26-04
Distribution Date: June 27, 2025
I. INTRODUCTION
The City of Chanhassen (City) is issuing this Request for Quote (RFQ) for sanitary
sewer and storm sewer televising. In general, the project includes cleaning and
televising sanitary sewer mainlines, televising storm sewer mainlines and submitting
electronic and paper reports to the City.
A. RFQ Content. This RFQ contains the following sections:
I. Introduction
II. Project Information
III. Quotes
IV. Project Tabulations and Project Maps
B. Addenda/Clarifications. Any changes to this RFQ will be made by written
addendum.
C. Contract Award. Issuance of this RFQ and receipt of quotes does not commit the
City to award a contract. The City reserves the right to postpone opening for its own
convenience, to accept or reject any or all quotes received in response to this RFQ,
to negotiate with other than the selected Contractor should negotiations with the
selected be terminated, to negotiate with more than one Contractor simultaneously,
or to cancel all or part of this RFQ.
D. Contact Person. The contact for specific questions regarding information in this
proposal is:
Mackenze Grunig
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1165, Fax (952) 227-1170
mgrunig@chanhassenmn.gov
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II. PROJECT INFORMATION
A. Project Areas. It is mandatory to do a site visit prior to supplying a quote to become
familiar with and satisfied as to the general, local and site conditions that may affect
cost, progress, and performance of the Work.
The City is interested in receiving quotes for sanitary sewer televising and cleaning and
storm sewer televising in the areas shown on the attached maps.
Since some of the work is in rear-yard easements, a special condition for entering rear
yards (i.e. different equipment and property owner notification) may be needed. The
cost of this shall be incorporated into the quote submittal.
B. Project Specifications. Sewer televising and cleaning shall be performed in
accordance with Section 19.00 of Chanhassen’s 2025 Sanitary and Storm Sewer
Specifications and is attached to the RFQ. Storm sewer televising shall be performed in
accordance with Section 19.00 as well, however cleaning is only necessary if debris is
encountered that prevents televising of the storm sewer mainline from upstream to
downstream structures. As such, the contractor shall supply two bid schedules, one for
sanitary sewer televising and one for storm sewer televising.
The Contractor performing the television inspection shall be certified by the NASSCO
Pipeline Assessment and Certification Program (PACP). All pipe inspections should
adhere to the NASSCO PACP standard codes and ratings.
Digital record drawings of the sanitary sewer and storm sewer in the project will be
made available upon request. The approximate depth of sewers ranges from 3’ to 25’,
sanitary pipe sizes range from 8-12” and storm pipe sizes range from 12” to 48”. The
total footage of sanitary sewer lines and storm sewer lines are approximately 11,500 LF
and 7,100 LF, respectively.
The scope of this work will require all cleaning and televising to be done by the
contractor. Upon review of the televising work, if it is not deemed acceptable,
determined solely by the City, when cleaned or televised the first time will be re-cleaned
and re-televised at the contractor’s expense.
Reports for each segment of televised pipe will be submitted with televising data
following completion of the Work. One digital copy report must be provided that includes
all televising sections within the Project. Reports and digital files shall include the
following report types and information as required by PACP standards including but not
limited to:
1. Pipe Graphic Report:
a. Asset ID (Pipe segment reference number)
b. Date Inspected/Televised
c. Plan Sheet/Map Number (as shown in the plans)
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d. Upstream Manhole ID
e. Downstream Manhole ID
f. Street Name (or neighborhood/area if not near street)
g. Pipe Type
h. Pipe Size
i. Pipe Length
j. Cleaning Performed (Jetting, Root Cutting, etc.)
k. Location of Service Connections
l. Locations of Leaks or Joint Separation
m. Location of Damaged Section (including nature of damage and
location with respect to pipe axis)
n. Deflection in alignment or grade of pipe
o. Location of any repairs
p. Comments indicating conditions, visual inspection items, areas
of concern, and other pertinent information
2. Tabular Report:
a. Same requirements as Pipe Graphic Report
b. PACP pipeline condition ratings
i. Structural
ii. O & M
iii. Overall
3. PACP Pipeline Condition Ratings tabular file (Excel or CSV):
a. Pipe segment reference number
b. Quick Structural Rating
c. Quick O&M Rating
d. Quick Overall Rating
e. Structural Rating
f. O&M Rating
g. Overall Rating
h. Structural Rating Index
i. O&M Rating Index
j. Overall Rating Index
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6/26/2025
Digital copies of the reports will be submitted in Adobe PDF, Microsoft Word, Microsoft
Excel, or other compatible format as approved by the City. Digital copies will be
submitted on the same media device as the digital video recordings, and be labeled by
the Asset ID number.
The Contractor is required to deliver a NASSCO PACP Standard Database in Microsoft
Access format that references the manhole and pipe segment numbers provided by the
City.
Digital video recordings will be made by the Contractor. Video will be submitted to meet
the following formats:
a) MPEG-4 (*.mp4, *.m4a, *.m4v)
b) Video size will be a minimum of 320 pixels by 240 pixels.
c) The minimum video frame rate will be 30 frames/second (fps)
d) Video will include the following data for each pipe segment:
1. Asset ID/Report Number
2. Date of Inspection
3. Direction of inspection (upstream, downstream, north, south, etc.)
4. Upstream and downstream manhole numbers
5. Current/progressive distance along pipe length (tape counter footage)
e) Video will include the following audio for each pipe segment:
1. Date and time of video inspection
2. Inspection company
3. Name of street or (neighborhood/area if not near street)
4. Upstream and downstream manhole numbers
5. Description of pipe size, type, and joint length.
6. Description of direction of video (upstream, downstream, north, south,
etc.)
Upon completion of the project, the Contractor will supply the digital data (televising
videos, reports, database, maps, etc.) on either a USB flash drive or external hard drive.
Also attached to this RFQ is the general Form of Agreement along with the City of
Chanhassen’s 2025 General Conditions which are incorporated as part of the
Agreement.
234
RFQ Sanitary Sewer and Storm Sewer Televising
Page 5
6/26/2025
C. Project Schedule. The following is the anticipated project schedule:
Quotes Received
Award Contract
July 9, 2025
July 14, 2025
Notice to Proceed
Project Complete
July 15, 2025
September 12, 2025
III. QUOTES
A. Submission of Quotes. Submit the quotes via email to:
Mackenze Grunig, Project Engineer
mgrunig@chanhassenmn.gov
Emailed quotes shall be received by 10:00 a.m. CDT, Wednesday, July 9, 2025.
Quotes received after this time will not be accepted.
Include, at a minimum, the following:
1. Identification of the offering contractor(s), including name, address and
telephone number of each firm,
2. Acknowledgement of receipt of RFQ addenda, if any.
3. Samples of a video and inspection log and proof of PACP certification.
4. Name, title, address, email address and telephone and fax numbers of
contact person during period of proposal evaluation.
5. Bid Tabulation.
6. No bid bond required.
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Document Path: \\cfs4\GIS Data\Departments\Engineering\I&I\2026\Consolidated Televising Data - 2026.aprx2026 Sanitary Televising - Fox Hollow
City of Chanhassen
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Date Created: 4/17/2025
Created By: City of Chanhassen - Engineering Department
236
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Legend
Lift Stations
Manholes
76 Mains
Other Features
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Date Created: 4/17/2025
Created By: City of Chanhassen - Engineering Department
237
Document Path: \\cfs4\GIS Data\Departments\Engineering\I&I\2026\Consolidated Televising Data - 2026.aprx2026 Storm Televising - Fox Hollow
City of Chanhassen
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Date Created: 4/17/2025
Created By: City of Chanhassen - Engineering Department
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Document Path: \\cfs4\GIS Data\Departments\Engineering\I&I\2026\Consolidated Televising Data - 2026.aprx2026 Storm Televising - Lake Dr
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76 Mains
Other Features
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µ0 0.2
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Date Created: 4/23/2025
Created By: City of Chanhassen - Engineering Department
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Document Path: \\cfs4\GIS Data\Departments\Engineering\I&I\2026\Consolidated Televising Data - 2026.aprx2026 Storm Televising - Vasserman
City of Chanhassen
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Other Features
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Date Created: 4/17/2025
Created By: City of Chanhassen - Engineering Department
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1
QUOTATION – SEWER TELEVISING/CLEANING
July 3th, 2025
Mackenze Grunig, PE
Project Engineer
City of Chanhassen
7901 Park PL
Chanhassen, MN 55317
Dear Mr. Mackenze Grunig,
As requested, below is a bid proposal for the Chanhassen storm televising only and sanitary
cleaning and televising project according to the indicated linear footages and pipe sizes.
City of Chanhassen Cost Distribution:
Confirmed Linear Footages, Pipe Sizes, and Activities
Pipe Size/Type Pipe Length/Qty Activity Cost/Linear Foot/Qty
Sanitary – Right of Way 9,977 TV/CLN $1.75/LF
Storm – Right of Way 5,486 TV $1.49/LF
Sanitary – Easement 5,105 TV/CLN $2.98/LF
Storm – Easement 1,540 TV $1.98/LF
Total $ 33,211.27
Change Order Pre- Approved
Pipe Size/Type Pipe Length/Qty Activity Cost/Linear Foot/Qty
Heavy Cleaning – Roots 5 CLN $344.00/hr
Total $ TBD
16281 Baseline Ave. Shakopee, MN 55379
952.445.3173 │ info@pipe-services.com
Website: pipe-services.com
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2
CITY Official, all change order activities require CITY consent prior to initiation. Change order
activities below $500.00 are authorized via verbal CITY directive/consent. Change order
activities exceeding $500.00 require written approval via email or memorandum letter.
Upon City Approval - Change Order Rates
Activity / Vehicle Unit Cost Per Unit
T.V. Vehicle Support Per Hour $ 337.00
Hydrovac Vehicle Support Per Hour $ 357.00
T.V. Vehicle Emergency Mobilization Per Day $ 1,200.00
Hydrovac Vehicle Emergency Mobilization Per Day $ 1,400.00
Water By-Pass Operations Per Hour $ 350.00
CITY Official, please be cognizant of the below provisions. These provisions exist to help
ensure clarity of project scope and expectations relating to contingency efforts. The spirit of
these provisions is meant to enhance communication during project execution in order to align
Pipe Service's decisions with CITY officials' interests: quality work, cost management, and
situational awareness.
Change Order Contingencies:
All change order activities will first involve CITY/FIRM approval. The Pipe Services project
lead will contact the designated CITY/FIRM official, explain the situation, advise the associated
pros and cons, and implement a course of action according to the CITY/FIRM official's
directive.
1. Work outside of the aforementioned project scope will require a per hour charge rate of : $337/hour for CCTV
support and $357/hour for Hydrovac support. All change orders will require CITY/FIRM approval prior to
execution.
2. In the event the CITY/FIRM requests plugging services at an hourly rate to stem high water levels, Pipe
Services will assess water flow rates. If prior to or during plugging operations Pipe Services assess that the
combination of high-water levels and high flow rates excessively risks flooding residential or public
infrastructure, Pipe Services will request that CITY/FIRM conducts the plugging operations or authorize a
pump bypass change order. CITY/FIRM provided plugging operations will incur an hourly rate charge
according to associated Pipe Services vehicles.
3. In the event the CITY/FIRM requests Pipe Services conduct water bypass operations under high water level and
high flow rate conditions, the CITY/FIRM will incur an hourly pump rate charge of $350.00 per hour and a
bypass equipment mobilization fee.
4. During emergency mobilization requests outside of project scope, CITY will incur a mobilization charge
according to vehicle usage and the mobilization rate quoted within the aforementioned change order price
disbursement chart. Emergency work is generally charged by the hour according to half -day and full-day
activity. In the event the emergency mobilization request involves extensive work, Pipe Services will work
with the CITY official to identify an affordable price structure outside of the hourly rate and associated daily
emergency mobilization charges. Non-emergency out-of-scope mobilization charges are agreed upon on a case-
by-case basis depending on vehicle availability and the customers requested timeline.
Our bid is based on the following provisions and understandings:
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3
The below provisions and understandings are standard expectations. Any project irregularities
that do not allow for these provisions can be negotiated but will likely change the associated bid
amount.
1.) Pipe Services will honor this bid for up to 45 days from the date of submission/document creation date. We
will make every effort to honor the bid past the 45-day mark.
2.) Pipe Services will receive payment within 30 days of completing the aforementioned described project activities
to the satisfaction of the CITY.
3.) Pipe Services to provide 1 typed reports and portable hard drive for televised services. All inspections will be
done in certified PACP format. Reporting system will provide color stills of major incidents and a summary
report of all “significant findings". Along with a importable database for GIS.
4.) All inspections to be completed with a color pan & tilt TV camera.
5.) CITY/FIRM to provide sewer maps, manhole numbering and pipe identification system.
6.) CITY/FIRM to locate and expose all man-holes (MH) and to make them accessible. In the event a MH cannot
be identified or requires exposure, Pipe Services will coordinate with the CITY to identify a course of action.
During the interim, Pipe Services will skip the MH in question and continue planned inspections. If the city
chooses to utilize Pipe Services for location or exposure of a MH, an hourly rate will apply according to
associated vehicle usage
7.) Pipe Services is allowed to draw water from CITY fire hydrants at no additional cost.
8.) Pipe Services assumes that all dumping will take place at CITY location free of charge. If a dump location is
not provided free of charge, Pipe Services will charge a Hyrdovac vehicle hourly rate according to dump site
location and any associated dump fees. Does not apply to Chanhassen bid.
9.) If during the course of vacuuming operations Pipe Services discovers that environmentally hazardous materials
exists and special disposal procedures are necessary (for example large amounts of oil), CITY will incur
charges associated with the dump fees and drive time to the special dump site location according to associated
vehicle usage.
10.) During televising only operations not associated with cleaning, Pipe Services will make every attempt to bypass
obstacles within the pipe. If bypass operations endanger the camera system or if bypassing is not an option,
Pipe Services will utilize a reverse set-up operation and charge accordingly. All reverse set-up operations incur
full footage charge for that pipe segment length for the initial attempt and the reverse operation effort. If a pipe
line presents multiple reverse set-up requirements, Pipe Services will contact the CITY/FIRM to consult o n a
course of action in an effort to avoid unnecessary charges.
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4
Acceptance of Proposal
The above prices, specifications and conditions are satisfactory and are hereby accepted. Pipe
Services Corporation is authorized to do the work as specified.
By: ______________________________ City/Legal Entity of:______________
Signature: _________________________ Date: ___________________________
We would like to thank you again for the opportunity to work with the city of Chanhassen.
Sincerely,
Pipe Services Corporation
Ryan R. Mergen
CEO ▪ Pipe Services
16281 Baseline Avenue ▪ Shakopee, MN 55379
(O) 952-445-3173 ▪ info@pipe-services.com
http://pipe-services.com/
244
City Council Item
July 14, 2025
Item
Resolution 2025-XX: Authorize Contract for Engineering Design and
Construction Services for the 2026 City Pavement Rehabilitation Project (26-
01)
File No.ENG Project No. 26-01
CIP Project No. ST-012 Item No: D.9
Agenda Section CONSENT AGENDA
Prepared By George Bender, Assistant City Engineer
Reviewed By Charlie Howley
SUGGESTED ACTION
"The Chanhassen City Council adopts a resolution authorizing a Professional Services Agreement
with Houston Engineering for engineering design and construction services related to the 2026 City
Pavement Rehabilitation Project."
Motion Type Simple Majority Vote of members present
Strategic
Priority Asset Management
SUMMARY
Consider authorizing a professional services agreement with Houston Engineering for engineering
design and construction administration services for the 2026 City Pavement Rehabilitation Project.
BACKGROUND
As part of the overall Pavement Management Program (PMP), the city annually plans to rehabilitate a
section or sections of public streets across the city. The 5-year Capital Improvement Plan identifies the
near-term streets to be rehabilitated.
Key dates and items relative to this project:
245
On June 13, 2025, the Engineering Department released a Request for Proposals (RFP) for
engineering design and construction services for the 26-01 project.
On July 1, 2025, the Engineering Department received 5 proposals for professional services
related to the 26-01 project.
DISCUSSION
One of the early steps in the overall project development process for our street projects is to engage
design consultants regarding the project and establish an agreement with a consultant to support city
staff from a workload management perspective. Staff developed a Request for Proposals (RFP) and
distributed it to six (6) qualified consulting firms. Five (5) firms submitted responsive proposals. Staff
evaluated the proposals based on the requirements of the RFP, which established the following criteria:
Completeness and overall quality of the Proposal, including demonstrating an understanding of
the scope and process (30%)
Experience and resources of the firm and personnel, including the ability to meet the project
schedule (35%)
Fee (35%)
Comprehensive scores were developed through the review process for each proposal, and a summary of
the results of the evaluation are shown in the table below. The overall scoring spreadsheet has also been
attached for reference.
Firm Fee Overall Score
Houston Engineering $703,794.00 86.5%
Stantec $808,464.00 82.2%
WSB $674,182.00 79.8%
Bolton & Menk $816,426.00 78.9%
SEH $960,443.00 77.3%
A cost of $703,794 represents 7.7% of the $9,105,000 project budget. The city will need to issue
engineering contracts for geotechnical and construction materials testing but this is a very fair
percentage for engineering design and construction professional services.
The overall schedule for the project is as follows:
Milestone Task Date
Award Consultant Contract July 14, 2025
Accept Feasibility Report; Call Public Hearing October 13, 2025
Neighborhood Project Open House #1 October 22, 2025
Public Hearing regarding Feasibility; Order Project October 27, 2025
Approve Plans and Specifications; Authorize Ad
for Bid January 12, 2026
Bid Opening February 10, 2026
Call Assessment Hearing February 23, 2026
246
Neighborhood Project Open House #2 February 25, 2026
Public Hearing regarding Assessments; Award
Construction Contract March 9, 2026
Start Construction May 4, 2026
Substantial Completion October 30, 2026
Final Completion & Begin 2-year warranty period June 11, 2027
BUDGET
The overall project budget approved with the 2025-29 Capital Improvement Plan is shown in the table
below, and the CIP budgetary sheet from FY 2025 has been attached for reference. Mapping has been
attached that identifies the streets proposed to be rehabilitated and/or reconstructed with the 26-01
project.
Fund Budget
PMP (Street)$4,930,000
Surface Water $1,760,000
Sanitary Sewer $665,000
Watermain $1,750,000
Total $9,105,000
RECOMMENDATION
Staff recommends authorizing a contract with Houston Engineering in a not-to-exceed amount of
$703,794 for engineering design and construction administration services for the 2026 City Pavement
Rehabilitation Project.
ATTACHMENTS
Resolution 2025-XX Authorize Design Contract for 26-01
PROFESSIONAL SERVICES AGREEMENT Chanhassen-Houston 26-01 City Pavement Rehab Project
RFP Evaluations 26-01 Final
Streets 5-Year CIP 2025-2029
247
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: July 14, 2025 RESOLUTION NO: 2025-XX
MOTION BY: SECONDED BY:
A RESOLUTION AUTHORIZING ENTERING INTO A PROFESSIONAL SERVICES
AGREEMENT WITH HOUSTON ENGINEERING FOR ENGINEERING DESIGN AND
CONSTRUCTION SERVICES RELATED TO THE 2026 CITY PAVEMENT
REHABILITATION PROJECT
WHEREAS, the City has a Pavement Management Program (PMP) that is supported by
the 5-yr Capital Improvement Plan (CIP); and
WHEREAS, part of the PMP and CIP is to perform annual rehabilitation of various public
streets and related infrastructure; and
WHEREAS, the annual City Pavement Rehabilitation Project requires professional design
services; and
WHEREAS, the City solicited proposals from multiple qualified design consulting firms;
and
WHEREAS, multiple responsive proposals were received and evaluated by City Staff; and
WHEREAS, the fee proposed by the highest ranked proposal fits within the established
project budget.
NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby
authorizes entering into a Professional Services Agreement with Houston Engineering for
engineering design and construction services related to the 2026 City Pavement Rehabilitation
Project.
Passed and adopted by the Chanhassen City Council this 14th day of July, 2025.
ATTEST:
Jenny Potter, City Clerk Elise Ryan, Mayor
YES NO ABSENT
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PROFESSIONAL SERVICES AGREEMENT
AGREEMENT made this 14th day of July, 2025, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation ("City") and Houston Engineering, Inc.,
("Consultant").
IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES
AGREE AS FOLLOWS:
1. SCOPE OF SERVICES. The City retains Consultant for engineering design and
construction phase professional services for the 2026 City Pavement Rehabilitation Project, City
Project No. 26-01.
2. CONTRACT DOCUMENTS. The following documents shall be referred to as the
"Contract Documents," all of which shall be taken together as a whole as the contract between the
parties as if they were set verbatim and in full herein:
A. This Professional Services Agreement;
B. Request for Proposal – 2026 City Pavement Rehabilitation Project dated June
13, 2025 (“RFP”);
C. Insurance Certificate;
D. Consultant’s July 1, 2025 proposal for 2026 City Pavement Rehabilitation
Project (“Proposal”).
In the event of conflict among the provisions of the Contract Documents, the order in which they are
listed above shall control in resolving any such conflicts, with Contract Document “A” having the
first priority and Contract Document “D” having the last priority.
3. COMPENSATION. Consultant shall be paid by the City for the services described
in the Proposal a not to exceed fee of seven hundred three thousand and seven hundred ninety-four
Dollars ($703,794.00), inclusive of expenses. Services performed directly by Consultant shall be paid
at an hourly rate in accordance with the Proposal, subject to the not to exceed fee. The not to exceed
fees and expenses shall not be adjusted if the estimated hours to perform a task, the number of
required meetings, or any other estimate or assumption is exceeded. Consultant shall bill the City
as the work progresses. Payment shall be made by the City within thirty-five (35) days of receipt
of an invoice.
4. DOCUMENT OWNERSHIP. All reports, plans, models, diagrams, analyses, and
information generated in connection with performance of this Agreement shall be the property of
the City. The City may use the information for its purposes.
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5. CHANGE ORDERS. All change orders, regardless of amount, must be approved
in advance and in writing by the City. No payment will be due or made for work done in advance
of such approval.
6. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services
hereunder, Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the
provisions of services to be provided.
7. STANDARD OF CARE. Consultant shall exercise the same degree of care, skill,
and diligence in the performance of the services as is ordinarily possessed and exercised by a
professional consultant under similar circumstances. No other warranty, expressed or implied, is
included in this Agreement. City shall not be responsible for discovering deficiencies in the
accuracy of Consultant’s services.
8. INDEMNIFICATION. Consultant shall indemnify and hold harmless the City, its
officers, agents, and employees, of and from any and all claims, demands, actions, causes of action,
including costs and attorney's fees, arising out of or by reason of the execution or performance of the
services provided for herein and further agrees to defend at its sole cost and expense any action or
proceeding commenced for the purpose of asserting any claim of whatsoever character arising
hereunder.
9. INSURANCE. Consultant shall secure and maintain such insurance as will protect
Consultant from claims under the Worker’s Compensation Acts, automobile liability, and from claims
for bodily injury, death, or property damage which may arise from the performance of services under
this Agreement. Such insurance shall be written for amounts not less than:
Commercial General Liability $2,000,000 each occurrence/aggregate
Automobile Liability $2,000,000 combined single limit
Professional Liability $2,000,000 each occurrence/aggregate
The City shall be named as an additional insured on the general liability policy on a primary and non-
contributory basis. Before commencing work, the Consultant shall provide the City a certificate of
insurance evidencing the required insurance coverage in a form acceptable to City.
10. INDEPENDENT CONTRACTOR. The City hereby retains Consultant as an
independent contractor upon the terms and conditions set forth in this Agreement. Consultant is not
an employee of the City and is free to contract with other entities as provided herein. Consultant shall
be responsible for selecting the means and methods of performing the work. Consultant shall furnish
any and all supplies, equipment, and incidentals necessary for Consultant’s performance under this
Agreement. City and Consultant agree that Consultant shall not at any time or in any manner represent
that Consultant or any of Consultant's agents or employees are in any manner agents or employees of
the City. Consultant shall be exclusively responsible under this Agreement for Consultant’s own
FICA payments, workers compensation payments, unemployment compensation payments,
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201749v1
withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are
required to be paid by law or regulation.
11. SUBCONTRACTORS. Consultant shall not enter into subcontracts for services
provided under this Agreement without the express written consent of the City. Consultant shall
comply with Minnesota Statutes § 471.425. Consultant must pay subcontractors for all undisputed
services provided by subcontractors within ten (10) days of Consultant’s receipt of payment from
City. Consultant must pay interest of one and five-tenths percent (1.5%) per month or any part of
a month to subcontractors on any undisputed amount not paid on time to subcontractors. The
minimum monthly interest penalty payment for an unpaid balance of One Hundred Dollars
($100.00) or more is Ten Dollars ($10.00).
12. CONTROLLING LAW/VENUE. This Agreement shall be governed by and
construed in accordance with the laws of the State of Minnesota. In the event of litigation, the
exclusive venue shall be in the District Court of the State of Minnesota for Carver County
Minnesota.
13. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Consultant must
comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it
applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created,
collected, received, stored, used, maintained, or disseminated by Consultant pursuant to this
Agreement. Consultant is subject to all the provisions of the Minnesota Government Data Practices
Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were
a government entity. In the event Consultant receives a request to release data, Consultant must
immediately notify City. City will give Consultant instructions concerning the release of the data to
the requesting party before the data is released. Consultant agrees to defend, indemnify, and hold
City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from
Consultant’s officers’, agents’, city’s, partners’, employees’, volunteers’, assignees’ or
subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall
survive the cancellation or termination of this Agreement.
14. COPYRIGHT. Consultant shall defend actions or claims charging infringement
of any copyright or software license by reason of the use or adoption of any software, designs,
drawings or specifications supplied by it, and it shall hold harmless the City from loss or damage
resulting therefrom.
15. PATENTED DEVICES, MATERIALS AND PROCESSES. If the Contract
requires, or the Consultant desires, the use of any design, devise, material or process covered by
letters, patent or copyright, trademark or trade name, the Consultant shall provide for such use by
suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed
with the City. If no such agreement is made or filed as noted, the Consultant shall indemnify and
hold harmless the City from any and all claims for infringement by reason of the use of any such
patented designed, device, material or process, or any trademark or trade name or copyright in
connection with the services agreed to be performed under the Contract, and shall indemnify and
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defend the City for any costs, liability, expenses and attorney's fees that result from any such
infringement.
16. RECORDS. Consultant shall maintain complete and accurate records of hours
worked and expenses involved in the performance of services.
17. ASSIGNMENT. Neither party shall assign this Agreement, or any interest arising
herein, without the written consent of the other party.
18. WAIVER. Any waiver by either party of a breach of any provisions of this
Agreement shall not affect, in any respect, the validity of the remainder of this Agreement.
19. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein.
This Agreement supersedes all oral agreements and negotiations between the parties relating to the
subject matter hereof, as well as any previous agreements presently in effect between the parties
relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the
provisions of this Agreement shall be valid only when expressed in writing and duly signed by the
parties, unless otherwise provided herein.
20. TERMINATION. This Agreement may be terminated by the City for any reason
or for convenience upon written notice to the Consultant. In the event of termination, the City shall
be obligated to the Consultant for payment of amounts due and owing including payment for
services performed or furnished to the date and time of termination.
Dated: _______________, 2025. CITY OF CHANHASSEN
BY: _____________________________________________
Elise Ryan, Mayor
BY: _____________________________________________
Laurie Hokkanen, City Manager
Dated: _______________, 2025. _______________________
BY: _____________________________________________
Its
252
Completeness
Resources
Fee
Reviewer #1
Completeness/Quality of
Proposal Resources/Personnel Total Cost Fees Overall Score
30%35%35.0%100.0%
SEH 28%26%960,443.00$ 24.6%78.6%
Bolton & Menk 22%30%816,426.00$ 28.9%80.9%
WSB 22%28%674,182.00$ 35.0%85.0%
Houston 26%28%703,794.00$ 33.5%87.5%
Stantec 24%26%808,464.00$ 29.2%79.2%
Reviewer #2
Completeness/Quality of
Proposal Resources/Personnel Total Cost Fees Overall Score
30%35%35.0%100.0%
SEH 29%25%960,443.00$ 24.6%78.6%
Bolton & Menk 22%30%816,426.00$ 28.9%80.9%
WSB 24%22%674,182.00$ 35.0%81.0%
Houston 30%22%703,794.00$ 33.5%85.5%
Stantec 28%20%808,464.00$ 29.2%77.2%
Reviewer #3
Completeness/Quality of
Proposal Resources/Personnel Total Cost Fees Overall Score
30%35%35.0%100.0%
SEH 27%31%960,443.00$ 24.6%82.6%
Bolton & Menk 25%31%816,426.00$ 28.9%84.9%
WSB 23%25%674,182.00$ 35.0%83.0%
Houston 28%26%703,794.00$ 33.5%87.5%
Stantec 28%31%808,464.00$ 29.2%88.2%
Reviewer #4
Completeness/Quality of
Proposal Resources/Personnel Total Cost Fees Overall Score
30%35%35.0%100.0%
SEH 25%20%960,443.00$ 24.6%69.6%
Bolton & Menk 20%20%816,426.00$ 28.9%68.9%
WSB 15%20%674,182.00$ 35.0%70.0%
Houston 27%25%703,794.00$ 33.5%85.5%
Stantec 25%30%808,464.00$ 29.2%84.2%
Average
between all
reviewers
Completeness/Quality of
Proposal Resources/Personnel Total Cost Fees
Overall Score
30%35%35.0%100.0%
SEH 27%26%960,443.00$ 24.6%77.3%
Bolton & Menk 22%28%816,426.00$ 28.9%78.9%
WSB 21%24%674,182.00$ 35.0%79.8%
Houston 28%25%703,794.00$ 33.5%86.5%
Stantec 26%27%808,464.00$ 29.2%82.2%
Notes:Houston's fee was adjusted up by $38,958 to include watermain scoping based on their proposal
2026 City Pavement Rehabilitation Project (Project No. 26-01)
Completeness and quality of the proposal including a demonstrated understanding of the scope as it relates
to the stated goals of the project and conformance with the RFP. This includes separation from other
proposals by identifying specific items important to this City project. (30%)
Resources of firm and experience of key personnel identified to perform the scope of services and the firm's
ability to meet the project schedule. This includes past performance on similar projects and experience on
previous City of Chanhassen projects. (35%)
Cost to perform all items identified to be completed within the RFP. (35%)
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Date Created: 10/23/2024
Document Path: K:\Departments\Engineering\CIP\2025-2029\CIP_5Year_2025-2029.aprxCreated By: City of Chanhassen - Engineering Department µ0 3,000
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254
City Council Item
July 14, 2025
Item McKenna Ewen Citizen Action Request
File No.Item No: E.1
Agenda Section VISITOR PRESENTATIONS
Prepared By Jenny Potter, City Clerk
Reviewed By
SUGGESTED ACTION
N/A
Motion Type N/A
Strategic
Priority N/A
SUMMARY
BACKGROUND
DISCUSSION
BUDGET
RECOMMENDATION
ATTACHMENTS
McKenna Ewan Citizen Action Request
255
Complete this form and submit it prior to the City Council meeting date you wish to present your request.
The City of Chanhassen invites citizens to submit a request in their native or preferred language. Upon doing so, the city will utilize its resources and do everything in its
power to translate the request appropriately.
Select City Council Meeting date you would like to attend:
07/14/2025
In 2024, the Chanhassen City Council meets on the second and fourth Mondays of each month.
Printable Meeting Calendar
View and/or print this calendar to assist with determining when city council meetings are held in order to make your date selection above.
Resident Information
* Name
McKenna Ewen
* Address
3850 Glendale Drive
Chanhassen MN 55331
* Phone
* Email
Council Action Requested
* Provide a brief description of the action you are requesting from the City Council.
On behalf of more than 100 individuals, we are collectively requesting an amendment to raise the no-wake limit on Lake Minnewashta to 945.9 ft.
Summary of Information
* Provide a narrative of the request including need, costs, timetable, background, etc.
Minnewashta’s original no-wake limit was proposed using FEMA’s 100-year flood level. In 2019, the city modified the proposal to use a rounded 10-year average instead of
FEMA's Base Flood Elevation (BFE) of 945.9 ft. This amendment restores the ordinance to its original language using an established hydrologic benchmark. This request
aligns with federal and state standards. Chanhassen uses this benchmark to establish its no-wake limit on Lake Lucy, which the Minnesota DNR approved in May 2020. The
current no-wake limit of 945.0 ft falls within Lake Minnewashta’s typical water-level range. The lake has exceeded its no-wake limit in 17 of the past 25 years. As a result,
this ordinance has limited lake use on Lake Minnewashta far more often than other Chanhassen lakes.
What Happens Next?
Immediately upon submission of this form, staff will be notified by email and will provide copies to the City Council prior to the selected meeting date.
Contact
Questions? Contact City Clerk Jenny Potter at 952-227-1107 or by email.
Page | 1 256
City Council Item
July 14, 2025
Item Ordinance XXX: Amending Chapter 10 Regulating Short-Term Rentals
File No.Item No: H.1
Agenda Section GENERAL BUSINESS
Prepared By Rachel Jeske, Planner
Reviewed By Laurie Hokkanen
SUGGESTED ACTION
"Motion to adopt the Ordinance Amending Chapter 10 and approve the summary ordinance for
publication regulating short term rentals within the City of Chanhassen."
Motion Type Simple Majority Vote of members present
Strategic
Priority Operational Excellence
SUMMARY
The purpose of this ordinance is to consider amending Chapter 10 of the Chanhassen City Code
regulating short-term rentals to align with state lodging license requirements and to clarify procedures
for handling short-term rentals operating without licenses.
BACKGROUND
On October, 10, 2022, the City Council adopted the city's first short-term rental ordinance. This
ordinance was amended on May 13, 2024 to streamline the annual license renewal process and to
clarify licensing requirements and standards. Staff is recommending the approval of a new ordinance
amendment that clarifies the Minnesota Department of Health licensing requirements and clarifies
procedures for short-term rentals operating without a license.
DISCUSSION
257
BUDGET
RECOMMENDATION
Staff recommends that the City Council adopts the attached ordinance amending Chapter 10 of
Chanhassen City Code regarding the regulation of short-term rentals as proposed and approves the
Summary Ordinance for publication.
ATTACHMENTS
Redlined Ordinance
Summary Ordinance - Short Term Rentals
258
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. XXX
AN ORDINANCE AMENDING CHAPTER 10
CHANHASSEN CITY CODE
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. Section 10-230 of the City Code, City of Chanhassen, Minnesota, is hereby amended
to read as follows:
Sec 10-230 Short Term Rental Licensing
(a) License Required. No property shall be used as a short-term rental without a license issued
by the City. Licenses shall expire on February 1 of each year. Licenses must be renewed
annually. Applications for the renewal of an existing license shall be made at least 45 days
prior to the date of the expiration of the license, and shall state that everything in the prior
applications remains true and correct except as otherwise indicated. The procedure for
receiving a license shall be as follows:
(1) Application for a license shall be made to the city upon a form furnished by the
City. A nonrefundable fee in the amount imposed in accordance with the fee
schedule established by the city council. If a license application is made during the
license year, the license shall be issued for the remainder of the year and the license
fee shall be pro-rated, with any unexpired fraction of a month being counted as one
month.
(2) In order to be issued a license the applicant must:
a. Provide an approved State of Minnesota Lodging License as required to by
Minnesota State Statute Chapter 157.
b. Provide the name and contact information, including a 24-hour telephone
number, for the party responsible for managing the property.
b. State the maximum occupancy of the short-term rental.
1. The maximum occupancy shall be two adults per bedroom plus an
additional two adults.
2. Accompanying children shall not count towards the occupancy
limit.
259
3. A property owner may request a higher occupancy limit in writing
at the time of application. The City may approve or deny a higher
occupancy limit after considering factors such as home size, number
of beds, and distance from neighboring properties, and previous
violation status. Increased occupancy limits may be revoked if the
City determines that a violation of this section has occurred related
to the increased occupancy limit authorized.
c. State the maximum number of vehicles that may be parked overnight on the
property. The maximum number of vehicles that may be parked overnight
on the property shall be four vehicles. Vehicles parked in garages shall not
be counted towards total number of allowable vehicles.
1. A property owner may request a higher overnight parking limit in
writing at the time of application. The City may approve or deny a
higher parking limit after considering factors such as the presence
of off-street parking pads, driveway length and width, and
availability of street parking, and previous violation status.
Increased parking limits may be revoked if the City determines that
a violation of this section has occurred related to the increased
overnight parking limit authorized.
d. Agree that the City has permission to access exterior areas of the property
when responding to a reported violation of the standards in this section in
order to ascertain if a violation has occurred.
e. Must be in compliance with all federal, state, and local regulations. Not have
any unresolved code enforcement or property maintenance cases.
f. Not have had a short-term rental license revoked by the City of Chanhassen
within the prior 365 days from the date of the short-term rental license
application.
(b) Standards. The following standards apply to all short-term rentals:
(1) Listings advertising the property’s availability for rent must state the license
number, maximum occupancy permitted by the State of Minnesota Lodging Code
license, and the maximum number of vehicles that may be parked overnight on the
property
(2) An appropriate number of waste containers must be present to accommodate the
amount of trash generated by the short-term rental. Waste may not be stored outside
of approved containers. All waste containers must be stored outside of public view,
except on day of collection.
260
(3) Between 10:00 p.m. and 7:00 a.m. no more than the maximum number of overnight
guests stipulated in the license may be present on the property.
(3) Between 10:00 p.m. and 7:00 a.m. parking is limited to the maximum number of
vehicles stipulated in the license.
(4) At no time may vehicles be parked on grass or so as to completely obstruct access
to neighboring residences such that ingress or egress is not possible, or obstruct the
public right-of way, or emergency vehicle access.
(5) The Good Neighbor Brochure provided by the city must be posted on the inside of
the front door and the primary door to the backyard, or in a conspicuous location
near each such door.
(6) Property must have working smoke and carbon monoxide detectors in each
bedroom or sleeping area and the owner must provide any transient renting the
property with information regarding emergency egress.
(7) Property must be in compliance with all state and local laws and regulations.
(c) Violations
(1) Unlawful Acts: It shall be unlawful for a person, firm or corporation to be in conflict
with or in violation of any of the provisions of this Section or other provisions of
this code. Failure to obtain a license shall be considered an Unlawful Act and a
violation of this Section.
(2) Complaints shall be submitted to the city in a timely manner for review by city staff
who will assess whether or not the activity which generated the complaint
constituted a violation of city code.
(3) Notice of Violation: The code official shall serve a notice of violation to the
property owner of the property where the violation has occurred. on the licensee.
(4) Prosecution Of Violation: If the notice of violation is not complied with, the code
official shall institute the appropriate proceeding at law or in equality to restrain,
correct or abate such violation, or to require the termination of the unlawful
occupancy of the structure in violation of the provisions of this chapter or of the
order or direction made pursuant thereto.
(5) Violation Penalties: Any person who violates a provision of this section, or fails to
comply therewith, or with any of the requirements thereof is guilty of a
misdemeanor. Each day that a violation continues after due notice has been served
shall be deemed a separate offense. Licenses may be revoked or suspended for
violations of this section. An unlicensed property will be ineligible to receive a
license if violations are not remedied in accordance with the violation letter.
261
(6) Abatement of Violation: The imposition of the penalties herein prescribed shall not
preclude the city attorney from instituting appropriate action to restrain, correct or
abate a violation, or to prevent illegal occupancy of a building in violation of this
section, structure or premises, or to stop an illegal act, conduct, business or
utilization of the building, structure or premises.
(7) Fees and Charges: The property owner of record shall be responsible for any city
costs in enforcing the provisions of this chapter including inspection fees, or other
fees, charges or penalties that are imposed as permitted by law.
(d) Suspension and Revocation
(1) In the event of any potential health or safety violations, the City Manager may
suspend the license or halt the occupancy of an unlicensed unit, until the violation
is corrected, and/or take immediate corrective action to remove the occupants.
(2) If a property with a licensed short-term rental receives three notices of violation
within a 365-day period, its short-term rental license shall be revoked. The license
may be revoked after a single violation if the violation is not corrected within 30
days of the date of the violation letter.
(3) If a property is found to be operating a short-term rental without a license, a license
must be applied for within 30 days of violation notice or the property shall not be
eligible to be used as a short-term rental for a period of one year from date of
violation notice.
(f) Licensee Appeal. The licensee may appeal the occupancy limit, parking limit, denial,
suspension, or revocation to the city council. The licensee must file with the city clerk a
notice of appeal within ten days of an issuance, denial, suspension, or revocation. The
council shall consider the appeal at a regularly or specially scheduled council meeting on
or after 15 days from service of the notice of appeal upon the city clerk by the licensee.
Hearing on the appeal shall be open to the public and the licensee shall have the right to
appear and be represented by legal counsel and to offer evidence in behalf of licensure. At
the conclusion of the hearing, or as soon thereafter as practicable, the council may order:
(1) The denial, suspension, or revocation of the license.
(2) The denial, suspension, or revocation by the city manager be lifted and the license
be returned to the licensee.
(3) Additional terms, conditions and stipulations to be imposed on the licensee to
mitigate problems.
(4) A higher occupancy or parking limit than approved by the City.
262
Section 2. This ordinance shall be effective immediately upon its passage and publication.
PASSED AND ADOPTED this ___day of _______, 2025, by the City Council of the
City of Chanhassen, Minnesota
______________________________ ________________________________
Jenny Potter, City Clerk Elise Ryan, Mayor
(Published in the ______________________________ on ______________________________)
263
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
SUMMARY OF ORDINANCE NO. XXX
AN ORDINANCE AMENDING CHAPTER 10 OF THE CHANHASSEN CITY CODE
REGULATING SHORT TERM RENTALS
The purpose of these Code amendments are as follows:
Amend Section 10-230 to revise licensing requirements to abide by state lodging requirements
and administrative enforcement actions within the City of Chanhassen.
This ordinance shall go into effect upon passage of the ordinance by City Council.
A printed copy of Ordinance No. ____ is available for inspection by any person during
regular office hours at the office of the City Manager/Clerk.
PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this 14th day of July,
2025, by the City Council of the City of Chanhassen.
(Publish in the ___________________ on [__________________])
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