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HomeMy WebLinkAbout_10 04 2021 City Council Agenda PacketCHECK REGISTER FOR CITY OF PRIOR LAKE 1/6Page: 09/27/2021 02:00 PM User: Janet DB: Prior Lake CHECK DATE FROM 09/11/2021 - 09/24/2021 AmountDescriptionVendor NameVendorCheckBankCheck Date Bank 1 General Bank 1,351.42 2021 Dental ClaimsDELTA DENTAL000272137654(E)109/13/2021 46.00 Filing Fee - Easement Cardinal Overlook SCOTT COUNTY000192127655(E)109/13/2021 46.00 Filing Fee - Easement Cardinal Overlook 92.00 344.00 Platting of City Hall & Adjoining LotsBOLTON & MENK INC000026377656(A)109/17/2021 1,840.00 Sep 2021 Office 365COMPUTER INTEGRATION TECH000037607657(A)109/17/2021 161.40 Adobe Acrobat 1,762.50 Oct 2021 Managed Services 1,125.00 Oct 2021 CIT Managed Backup 4,888.90 84.15 Magnetic Mic ClipEMERGENCY AUTOMOTIVE TECH INC000054807658(A)109/17/2021 1,611.55 BootsFIRE EQUIPMENT SPECIALTIES INC000064557659(A)109/17/2021 121.05 Pathfinder SystermFLEXIBLE PIPE TOOL CO000066607660(A)109/17/2021 747.90 Aug 2021 LocatesGOPHER STATE ONE-CALL INC000075257661(A)109/17/2021 829.26 Jul 2021 UniformsHUEBSCH000275367662(A)109/17/2021 306.44 Letterhead, NotecardsINNOVATIVE OFFICE SOLUTIONS LLC000271497663(A)109/17/2021 506.92 Misc Office Supplies 1,098.39 Paper Shredder 1,911.75 515.28 503 Hydraulic oilKATH FUEL OIL SERVICE000024107664(A)109/17/2021 204.95 Ground Fault - LibraryMETRO ALARM CONTRACTORS INC000133547665(A)109/17/2021 125.00 Blue Card Cert Continuing EdMICHAEL PRIBBLE000274797666(A)109/17/2021 35.52 5910 Mower deck belt MTI DISTRIBUTING INC000139517667(A)109/17/2021 35.11 9220 Extraction tool holder NOVAK COMPANIES000149007668(A)109/17/2021 1,111.96 Aug 2021 Repair PartsO'REILLY AUTO PARTS000150887669(A)109/17/2021 440.18 PD Evidence Rm Card Reader ReplacementPRO-TEC DESIGN INC000274297670(A)109/17/2021 72.97 452 Work LightRIGID HITCH INC000184757671(A)109/17/2021 664.64 Roof Leak - FS #1SCHWICKERT'S TECTA AMERICA LLC000279117672(A)109/17/2021 384.90 548 and 758 seat covers WOLF MOTOR CO INC000236757673(A)109/17/2021 87.70 Medical SuppliesZEE MEDICAL SERVICE000263507674(A)109/17/2021 21.55 Medical Supplies 109.25 1,147.21 Sep 2021 Electric BillsSHAKOPEE PUBLIC UTILITIES000193887675(E)109/15/2021 68.00 Aug 2021 COBRA Admin FeeALERUS000013757676(E)109/20/2021 234.09 2021 Dental ClaimsDELTA DENTAL000272137677(E)109/20/2021 259.35 Aug 2021 Fuel TaxMN DEPT OF REVENUE000136127678(E)109/20/2021 5,051.00 Aug 2021 Sales Tax 5,310.35 3.00 Aug 2021 Transaction FeesPOINT & PAY000276217679(E)109/23/2021 1,124.16 Aug 2021 Admin FeesDELTA DENTAL000272137680(E)109/21/2021 1,870.48 Sep 2021 Phone BillsNUVERA000193047681(E)109/21/2021 54.60 Sep 2021 Admin FeesFURTHER000135047682(E)109/22/2021 20,260.52 Sep 2021 Electric BillsMN VALLEY ELECTRIC000137387683(E)109/22/2021 32.48 MileageANN SCHROEDER000270357684(A)109/24/2021 3,000.00 Tree Removal - Sand Pt BeachCOLLINS TREE 000036707685(A)109/24/2021 599.00 PL FlagDISPLAY SALES COMPANY000044937686(A)109/24/2021 CHECK REGISTER FOR CITY OF PRIOR LAKE 2/6Page: 09/27/2021 02:00 PM User: Janet DB: Prior Lake CHECK DATE FROM 09/11/2021 - 09/24/2021 AmountDescriptionVendor NameVendorCheckBankCheck Date 527.22 521 Traffic advisor bar EMERGENCY AUTOMOTIVE TECH INC000054807687(A)109/24/2021 113.99 Prom - Uniform PantsGALLS LLC000070757688(A)109/24/2021 144.99 Rozga - Sgt Uniform 258.98 435.00 2015 Ford F150 Number ChangeGRAFIX SHOPPE000076157689(A)109/24/2021 35.68 Office SuppliesINNOVATIVE OFFICE SOLUTIONS LLC000271497690(A)109/24/2021 23.96 Misc Office Supplies 150.32 Toner 209.96 123.98 Club Prior SuppliesLESLEY YOUNG000272407691(A)109/24/2021 159.00 Rekey - FS #1LOCKSAFE 000108557692(A)109/24/2021 168.66 503 Hydraulic filter MTI DISTRIBUTING INC000139517693(A)109/24/2021 231.00 PartsNOVAK COMPANIES000149007694(A)109/24/2021 318.00 Mower tires ROYAL TIRE INC000187327695(A)109/24/2021 444.00 E Coli TestingUC LABORATORY000212357696(A)109/24/2021 417.10 AsphaltWM MUELLER & SONS INC000236457697(A)109/24/2021 73,404.17 Oct 2021 Health Insurance PremiumsMN PEIP000279097698(E)109/24/2021 209.78 UB REFUND #4-06084-01AARON SERVAISREFUND-UB108786109/17/2021 8.19 UB REFUND #3-06421-00AARON SEVERSONREFUND-UB108787109/17/2021 9.56 UB REFUND #1-08412-01ALICIA HILLREFUND-UB108788109/17/2021 89.72 UB REFUND #1-02757-04ALLISON FRALICHREFUND-UB108789109/17/2021 120.00 Pager RepairANCOM TECHNICAL CENTER00001655108790109/17/2021 28.57 UB REFUND #1-06604-01ASHLEY SHAWREFUND-UB108791109/17/2021 320.11 Gould - UniformASPEN MILLS00001891108792109/17/2021 432.80 Summit Booster RepairAUTOMATIC SYSTEMS CO00001975108793109/17/2021 41.71 UB REFUND #4-05286-98AZM SELIM AHMEDREFUND-UB108794109/17/2021 202.34 UB REFUND #1-02003-00BARBARA MARSCHALLREFUND-UB108795109/17/2021 864.17 UB REFUND #4-07367-00BENJAMIN STOUTREFUND-UB108796109/17/2021 31.59 UB REFUND #2-06003-01BETH GANFIELDREFUND-UB108797109/17/2021 798.86 Airway Intubation TrayBOUND TREE MEDICAL LLC00002695108798109/17/2021 212.04 UB REFUND #1-03780-02BRENT BACHMEIERREFUND-UB108799109/17/2021 93.70 UB REFUND #1-00896-01BRUCE SHEEHAN REFUND-UB108800109/17/2021 105.00 Aug 2021 Parking Meter CALE AMERICA INC00027637108801109/17/2021 32.80 Power washer couplers CAPITAL ONE TRADE CREDIT00027963108802109/17/2021 315.00 Jul 2021 Tai Chi InstructorCHRISTINE T MORGAN00027316108803109/17/2021 52.90 UB REFUND #1-08206-02CLARENCE BETHEAREFUND-UB108804109/17/2021 51.62 UB REFUND #1-0481-01CLAYTON HEUCKENDORFREFUND-UB108805109/17/2021 68.52 UB REFUND #3-03570-01CRISTINA MUELKENREFUND-UB108806109/17/2021 27.27 UB REFUND #2-07877-01DAN & KATHY FREEMANREFUND-UB108807109/17/2021 210.86 UB REFUND #4-03504-00DANIEL & CAROLY YAGLAREFUND-UB108808109/17/2021 1,022.28 UB REFUND #1-03512-00DARLENE MOLINEREFUND-UB108809109/17/2021 146.83 UB REFUND #1-06847-02DEBORAH FLESNESREFUND-UB108810109/17/2021 25.00 Title - #7130 2021 Ford #30581DEPUTY REGISTRAR #16000004400108811109/17/2021 26.00 #7105 Tax Exempt Plates 51.00 42.64 UB REFUND #3-03536-02DIVYA PERUMANDLAREFUND-UB108812109/17/2021 47.28 UB REFUND #4-07684-02ELIZABETH LIETZREFUND-UB108813109/17/2021 2,000.00 Club Prior LogoFACTOR3 DIGITAL LLC00027539108814109/17/2021 489.97 Water MeterFERGUSON WATERWORKS #251600006231108815109/17/2021 51.16 9222 Rear axle sealFLEETPRIDE00003260108816109/17/2021 420.00 Jul 2021 Foot Care SessionsHEALING HANDS FOR FEET00027618108817109/17/2021 420.00 Aug 2021 Foot Care Sessions CHECK REGISTER FOR CITY OF PRIOR LAKE 3/6Page: 09/27/2021 02:00 PM User: Janet DB: Prior Lake CHECK DATE FROM 09/11/2021 - 09/24/2021 AmountDescriptionVendor NameVendorCheckBankCheck Date 840.00 29.12 UB REFUND #1-01882-03HILLARY GOEBELREFUND-UB108818109/17/2021 56.14 UB REFUND #4-06431-03HOA NGUYENREFUND-UB108819109/17/2021 144.42 Aug 2021 Misc SuppliesHOME DEPOT CREDIT SERVICES00008865108820109/17/2021 179.86 UB REFUND #2-07921-01JANICE DALYREFUND-UB108821109/17/2021 75.56 UB REFUND #2-08387-01JASON HYVELEYREFUND-UB108822109/17/2021 V112.80 UB REFUND #1-00344-07JAYCE KISZEWSKIREFUND-UB108823109/17/2021 21.70 UB REFUND #4-07150-00JEFF ASPENWALL REFUND-UB108824109/17/2021 201.36 UB REFUND #2-04128-00JEFF JOHNSONREFUND-UB108825109/17/2021 689.65 UB REFUND #4-0330-00JEFF SILKEYREFUND-UB108826109/17/2021 451.88 UB REFUND #2-08151-01JOHN & NATALIE MCCONKEYREFUND-UB108827109/17/2021 194.20 UB REFUND #4-05450-00JOHN HOGIEREFUND-UB108828109/17/2021 81.90 UB REFUND #1-00024-98JULIE WESTMANREFUND-UB108829109/17/2021 96.24 UB REFUND #2-04828-01KATHERINE SMITHREFUND-UB108830109/17/2021 24.09 UB REFUND #3-00139-00KEITH RANDAREFUND-UB108831109/17/2021 48.79 UB REFUND 31-01866-01KELLY OVERGARDREFUND-UB108832109/17/2021 49.35 UB REFUND #1-06185-02KIM WALKERREFUND-UB108833109/17/2021 2,737.00 ValvesKODRU MOONEY00027064108834109/17/2021 413.42 UB REFUND #3-05041-00LARRY STIVERREFUND-UB108835109/17/2021 93.62 UB REFUND #1-07107-00LEANN MESERVYREFUND-UB108836109/17/2021 26.38 UB REFUND #1-02860-01LUCAS SCHEELREFUND-UB108837109/17/2021 32.02 UB REFUND #2-02947-01MARK & DAWN KESREFUND-UB108838109/17/2021 100.62 UB REFUND #3-06202-06MATTHEW ADELMANNREFUND-UB108839109/17/2021 33.19 UBS REFUND #3-05079-00MELISSA ENGERREFUND-UB108840109/17/2021 279.01 FiltersMETRO AIR00013352108841109/17/2021 22,141.35 Aug 2021 SAC FeesMETROPOLITAN COUNCIL-SAC00013406108842109/17/2021 29.21 UB REFUND #1-03380-00MICHAEL & DEBRA LUDWIGREFUND-UB108843109/17/2021 265.22 UB REFUND #3-08432-01MICHAEL ZASLAVSKYREFUND-UB108844109/17/2021 33,276.02 #8394 2021 Ford F-150MIDWAY FORD00013464108845109/17/2021 35,321.92 #7130 2021 Ford F-150 (CSO Truck) 68,597.94 7.15 UB REFUND #1-00653-00MIKE DEMPSEYREFUND-UB108846109/17/2021 25.00 Young - Annual Membership DuesMN RECREATION & PARK ASSN00013670108847109/17/2021 135.57 PartsMONNENS SUPPLY INC00013909108848109/17/2021 479.80 UB REFUND #4-06931-01MYRLENE SCHENCKREFUND-UB108849109/17/2021 192.00 Tank RentalO'CONNELL OIL CO00015054108850109/17/2021 1,064.00 UB Temp w/e 9/10/2021OFFICE TEAM00028044108851109/17/2021 149.07 UB REFUND #2-04964-01PATRICK ROSEREFUND-UB108852109/17/2021 170.89 Petty Cash ReimbursementsPETTY CASH00016300108853109/17/2021 2,500.00 20-1918 4962 Trillium Cove NEPULTE HOMES OF MINNESOTAMISC-CD108854109/17/2021 2,500.00 20-1548 5024 Trillium Covwe NE 5,000.00 63.95 UB REFUND #3-00534-02RADHAKRISHNAN JAYARAMANREFUND-UB108855109/17/2021 1,715.70 Baseball, Pickleball CampsREVOLUTIONARY SPORTS LLC00027855108856109/17/2021 100.61 UB REFUND #3-04257-00RICK SORENSENREFUND-UB108857109/17/2021 1,161.00 Fawn Meadow & Fish Pt RdRIVERS EDGE CONCRETE INC00018496108858109/17/2021 5.97 UB REFUND #1-05664-00ROBERT & SUSAN GRINDEREFUND-UB108859109/17/2021 163.32 UB REFUND #1-01847-98RONALD BUCKEYEREFUND-UB108860109/17/2021 V22.32 UB REFUND #4-07088-04SCOTT MCPHEEREFUND-UB108861109/17/2021 470.98 526 Deck repair parts SEMA EQUIPMENT INC00026973108862109/17/2021 90.70 UB REFUND #3-08979-01SHARI CASEREFUND-UB108863109/17/2021 208.59 Aug 2021 Legal AdsSOUTHWEST NEWS MEDIA00019676108864109/17/2021 1,205.82 Bags - Community FestSPARTAN PROMOTIONAL GROUP INC00019706108865109/17/2021 27.93 UB REFUND #1-02563-00STEVEN STULBERGREFUND-UB108866109/17/2021 29.24 UB REFUND #1-05892-02TAMARA MCLARTYREFUND-UB108867109/17/2021 CHECK REGISTER FOR CITY OF PRIOR LAKE 4/6Page: 09/27/2021 02:00 PM User: Janet DB: Prior Lake CHECK DATE FROM 09/11/2021 - 09/24/2021 AmountDescriptionVendor NameVendorCheckBankCheck Date 140.65 UB REFUND #3-00453-00TED FRISTEDREFUND-UB108868109/17/2021 11.10 UB REFUND 1-05841-01TIM & LORI ALBRIGHTREFUND-UB108869109/17/2021 24.99 Steel Hip Roof Tool BoxTRACTOR SUPPLY CREDIT PLAN00020663108870109/17/2021 606.38 2021 Software Maintenance TYLER TECHNOLOGIES00003765108871109/17/2021 88.27 UB REFUND #3-06832-00VERA & VASILY PEREPELITSAREFUND-UB108872109/17/2021 31.25 UB REFUND #1-04551-03VIET TRANREFUND-UB108873109/17/2021 34.83 UB REFUND #2-07878-01VIRGINIA WINBERGREFUND-UB108874109/17/2021 27,345.00 Crash AttenuatorWARNING LITES OF MINNESOTA00023196108875109/17/2021 10.47 UB REFUND #2-02246-04WENDY LEMKEREFUND-UB108876109/17/2021 94.00 UB REFUND #1-01051-00WILLIAM & SUZANNE BRANTLYREFUND-UB108877109/17/2021 137.65 UB REFUND #4-05719-01WILLIAM SLATERREFUND-UB108878109/17/2021 2,625.00 MySeniorCenter System - 50% BalanceXAVUS SOLUTIONS LLC00027999108879109/17/2021 190.25 UB REFUND #2-06030-00YVONNE MAREKREFUND-UB108880109/17/2021 150.00 Evidence.com Basic LicenseAXON ENTERPRISE INC00027347108881109/24/2021 256.29 Taser Batteries 180.00 Evidence.com Basic Licenses 586.29 252.90 Nitrile GlovesBOUND TREE MEDICAL LLC00002695108882109/24/2021 798.86 Intubation Tray, Megamover Transport Uni 1,051.76 689.00 Sign MaterialEARL F ANDERSEN INC00005175108883109/24/2021 4,680.26 Water MeterFERGUSON WATERWORKS #251600006231108884109/24/2021 193.40 Water Meter 4,873.66 180.00 Aug 2021 Yoga InstructorGWENDOLYN SCHMID00027984108885109/24/2021 418.79 CSO's - Rain Jackets, CapsJACK'S UNIFORMS & EQUIPMENT00027636108886109/24/2021 112.80 UB REFUND #1-00344-07JADEN MILNERREFUND-UB108887109/24/2021 V112.80 UB REFUND #1-00344-07JAYCE KISZEWSKIREFUND-UB108888109/24/2021 53,898.48 CSAH 21/Revere KIMLEY-HORN & ASSOCIATES INC00011372108889109/24/2021 22,167.62 CSAH 21/Revere 76,066.10 1,735.00 Chiller Parts - City HallKLAMM MECHANICAL CONTRACTORS INC00026904108890109/24/2021 62.14 9222 Axle gasket LARSON COMPANIES00012320108891109/24/2021 84.50 PartsMENARDS LUMBER CO00013318108892109/24/2021 14.39 Cedartone 98.89 32.00 Hartman - Water Operator Exam ApplicatioMN DEPT OF HEALTH00013618108893109/24/2021 32.00 Ryan - Water Operator Exam ApplicationMN DEPT OF HEALTH00013618108894109/24/2021 23.00 Wastewater Cert RenewalMN POLLUTION CONTROL AGCY00013850108895109/24/2021 23.00 Wastewater Cert Renewal 46.00 125.00 Park & Rec Mgr Job PostingMN RECREATION & PARK ASSN00013670108896109/24/2021 48.00 Youth Program RefundNick BaumgardREFUND-REC108897109/24/2021 1,330.00 UB Temp w/e 9/17/2021OFFICE TEAM00028044108898109/24/2021 10,009.20 #5 Pickleball Court ConstructionPETERSON COMPANIES INC00027860108899109/24/2021 125.00 Club Prior Sawbucks #3PETTY CASH00016300108900109/24/2021 724.34 1/8 DIN Proces Digital Panel MeterPRECISION DIGITAL CORPORATION00026964108901109/24/2021 CHECK REGISTER FOR CITY OF PRIOR LAKE 5/6Page: 09/27/2021 02:00 PM User: Janet DB: Prior Lake CHECK DATE FROM 09/11/2021 - 09/24/2021 AmountDescriptionVendor NameVendorCheckBankCheck Date 635.12 Staging - ChalkfestPRIOR LAKE RENTAL CENTER00016700108902109/24/2021 618.00 ConcreteRIVERS EDGE CONCRETE INC00018496108903109/24/2021 270.76 Misc SuppliesSAM'S CLUB00019036108904109/24/2021 369.00 Metal Signs; Chalkfest & PickleballSDDI SIGNS00027585108905109/24/2021 740.00 Sprinkler RepairSUMMIT FIRE PROTECTION CO00019949108906109/24/2021 49.20 Sep 2021 Phone BillT-MOBILE00026962108907109/24/2021 144.47 Epson Powerlite Bulb - ParkviewUS BANK00002105108908109/24/2021 59.99 Wireless Earbuds 489.00 HP Laserjet Pro M454dw 16.99 Computer Bluetooth Aadapter 53.80 5 iPhone Chargers 64.37 Face Masks 296.60 Wellness Room Posters 722.61 Sofa - Wellness Room 35.00 Wedel Dues 85.00 Wedel - Dues 121.00 Wedel - Meals 20.00 Wedel - Bridge the Divide Seminar 50.67 Meeting w/JW, KB, ZB 58.30 Meeting w JW,KB,SC 12.00 Parking - Team Outing 93.95 Pants 394.00 SWAT - Winter Shirt 181.98 Road Flares 72.00 Scheduling Software 25.00 Trail Camera Subscription 282.20 Anti-Theft Labels 380.00 Barstad - Annual Conference 28.27 Camera Battery Charger 598.43 Chalkfest Work Lights 27.47 Lunch - Officer Panel 15.98 Resfreshments - EDA Meeting 16.09 Aug 2021 Video Conferencing 16.09 Aug 2021 Video Conferencing 635.95 Tac Leadership Class 395.65 Mager - Sgt Uniform 62.21 2021 ILET Summit VIP Pass 22.94 Lunch - Karfa, Prom 293.62 SWAT Lights, CArabiners, Pouches 626.85 Search & Seizure Training 394.00 SWAT Winter Shirts 6,792.48 150.00 Horn - Annual DuesUS BANK00002105108909109/24/2021 116.08 Lunch - Finance Dept Training 11.98 Ice - Officer Interviews 17.39 Beverages for Officer Interviews 178.24 Lunch - Interview Panel 27.11 Name Plates 292.34 Nitrile Gloves 39.99 Mouse 105.98 Tourniquets 111.00 Flowers - Lyle Anderson 0.99 50GB iCloud Storage 42.91 Cookies - Season Staff Appreciation 740.00 Annual Conference 400.00 Mesenbrink - Training & Tech Conference 600.00 20 Expo Registrations CHECK REGISTER FOR CITY OF PRIOR LAKE 6/6Page: 09/27/2021 02:00 PM User: Janet DB: Prior Lake CHECK DATE FROM 09/11/2021 - 09/24/2021 AmountDescriptionVendor NameVendorCheckBankCheck Date 426.36 Sewer Truck Harness 36.64 Flash Drives 58.36 7299 Sienna van 39.99 Laptop Backpack 129.95 506 Radio 48.38 Misc Office Supplies 20.95 Tire Repair Tool 20.05 Pens 65.03 Pens, Post-It Notes 367.37 Floor Cord Protector 30.38 Address Labels 4,195.99 Recycle Cans 198.41 Interface Cable 261.54 521 Tanker Truck Hose Nozzle 61.30 Post Pounder Parts 29.99 Vacumm Belt Kit 60.99 Mylar Stencils 3,375.00 Archery Targets 223.04 LED Park Lights 380.00 Coy - Annual Conference 12,863.73 44.18 Summer Wrap Up MeetingUS BANK00002105108910109/24/2021 53.10 Chalk Fest Paint 279.65 Chalkfest Signs 5.09 Ice - Music in the Park 15.00 Young - MASS Conference Lunch 84.96 Jigsaw Puzzle Contest 1,020.00 Anastasia - Club Prior Trip 106.41 Plants - Wellness Room 40.68 Council Work Session 10.73 Coffee Pot Cleaner 32.21 Planter - Wellness Room (96.56)Return Power Strips (23.33)Refund - Camera Battery Charger (929.00)Refund Watson - Nat'l Conference Regista 643.12 1 TOTALS: 397,328.72 Total of 167 Disbursements: 247.92 Less 3 Void Checks: 397,576.64 Total of 170 Checks: City of Prior Lake Treasurers Report August 2021 Fund 8/1/2021 8/31/2021 Fund Type & Name No. Balance Receipts Disbursements Balance Business-Type Funds Water Fund 601 4,235,453.62$ 1,539,377.91$ 291,029.00$ 5,483,802.53$ Sewer Fund 604 2,384,577.78 756,469.24 210,435.08 2,930,611.94 Water Quality Fund 602 1,740,320.48 188,099.46 33,501.92 1,894,918.02 Total Business-Type Funds 8,360,351.88$ 2,483,946.61$ 534,966.00$ 10,309,332.49$ Governmental-Type Funds General Fund 101 10,957,707.18$ 671,256.65$ 1,950,758.79$ 9,678,205.04$ Special Revenue Funds Cable Franchise Fund 210 105,043.21$ 122.71$ -$ 105,165.92$ Capital Park Fund 225 1,470,335.42 210,277.46 114,412.42 1,566,200.46 Police Forfeiture Fund 235 172,567.27 701.45 616.00 172,652.72 EDA Special Revenue 240 547,997.02 626.99 11,268.28 537,355.73 Econ Dev Federal Revolving Loan Fund 250 132,704.46 155.02 - 132,859.48 Econ Dev MN Revolving Loan Fund 255 175.51 - - 175.51 Developer Agreement Fund 260 1,449,653.91 201,017.00 43,293.87 1,607,377.04 Federal ARPA Fiscal Recovery Fund 265 1,441,280.74 11.70 - 1,441,292.44 Total Special Revenue Funds 5,319,757.54$ 412,912.33$ 169,590.57$ 5,563,079.30$ Capital Project Funds Tax Increment 402 15,840.88$ 4,978.00$ -$ 20,818.88$ TIF #1-3 413 126,858.18 148.19 - 127,006.37 TIF #3-1 414 314,758.10 367.69 - 315,125.79 TIF #5-1 416 10,469.95 12.23 - 10,482.18 TIF #6-1 417 447,085.57 522.27 - 447,607.84 TIF #1-4 418 2,633.94 2.16 788.95 1,847.15 TIF #1-5 419 30,857.21 36.05 - 30,893.26 Revolving Equipment Fund 410 912,336.90 1,008.92 48,666.19 864,679.63 Revolving Park Equipment Fund 430 1,391,004.85 1,624.02 781.25 1,391,847.62 Facilities Management Fund 440 561,877.20 801,590.91 - 1,363,468.11 Permanent Impr Revolving Fund 450 469,713.77 4,800.47 - 474,514.24 Construction Fund 501 3,729,982.96 2,009.21 274,240.87 3,457,751.30 Trunk Reserve Fund 502 4,231,565.83 301,837.07 5,543.10 4,527,859.80 Street Oversize Fund 503 1,404,463.75 105,186.58 - 1,509,650.33 Water Storage Fund 505 640,627.80 1,038.64 - 641,666.44 Total Capital Project Funds 14,290,076.89$ 1,225,162.41$ 330,020.36$ 15,185,218.94$ Debt Service Funds 314-351 & 549-573 $ 4,267,638.98 19,050.47$ -$ 4,286,689.45$ Agency Fund 801 753,572.50$ 22,500.00$ 72,500.00$ 703,572.50$ Total Governmental Type Funds 35,588,753.09$ 2,350,881.86$ 2,522,869.72$ 35,416,765.23$ Internal Service Funds 7xx 552,430.14$ 3,850.68$ -$ 556,280.82$ Total All Funds 44,501,535.11$ 4,838,679.15$ 3,057,835.72$ 46,282,378.54$ Investment Pool & Ratio as of 8/31/2021 94.76% 43,858,925.92$ This report does not reflect financial obligations from contracts, agreements, purchases, services received, etc. TREASURER’S REPORT FUND DESCRIPTIONS General Fund - Represents the resources to support general operating budget expenditures of the City. The year- end fund balance represents dollars that have accumulated over a period of time. The City Council has designated a minimum of 45% of the current operating budget, for working capital to finance city operations. Water Fund - For the collection of water billing utility revenue. This enterprise fund balance is allocated for the operational costs of the Water departments and normally reserved for large capital municipal system expenses. Sewer Fund - For the collection of sewer billing utility revenue. This enterprise fund balance is allocated for the operational costs of the Sewer department and normally reserved for large capital municipal system expenses. Water Quality Fund - An enterprise account funded by the storm water charge that is generated on the bi-monthly water and sewer utility bills. The funds in the account are dedicated to finance water quality improvements including departmental administration, storm water maintenance operations and improvement projects related to water quality. Cable Franchise Fund - Acts as a clearing house for funds received from the cable franchise company as specified by ordinance. Capital Park Fund - Dedicated funds received from developers in accordance with the City’s Park Dedication requirement when land is platted. Funds are collected for the purpose of developing the City’s neighborhood park and trail system. These dollars are programmed throughout the course of the City’s Capital Improvement Program. Police Forfeiture Fund – Special revenue fund created to track criminal and DWI forfeiture revenues and expenditures. ED Special Revenue – Reserved and expended at the direction of the Prior Lake Economic Development Authority for specific economic development activity as allowed by MN Statute. The purpose is to provide economic incentives for new business expansion within the community. ED Fed/MN Loan Funds - Accounts for the proceeds of economic development grants received either from the federal government or the State of Minnesota to provide seed money for a revolving loan account. This provides economic incentive for new business expansion within the community. DAG Special Revenue Fund - Special revenue fund related to costs the City incurs in connection with a subdivision. Fees are paid to the City by the developer when the Development Contract and Final Plat are approved by City Council. Revenues are used to pay for legal expenses incurred with review and approval of the plat and inspection services on developer installed-utilities for newly approved subdivisions within Prior Lake. Water Revenue Bond Fund – PW Bldg - Debt service fund to pay bonds issued to construct the public works maintenance building. The capital facility charge generated on the utility bill provides the funding for the bond payments which occur semi-annually. Funds are transferred from Sewer and Water Fund. Water Revenue Bond Fund – WT Plant - Debt service fund to pay bonds issued to construct the water treatment plant. Revenue from the utility bills provides the funding for the bond payments which occur semi-annually. Funds are transferred from Sewer and Water Fund. Tax Increment Funds - Represents an accumulation of funds such as bond proceeds and project administration fees charged to companies requesting project write-downs in the form of tax increment financing for new and/or redevelopment. The TIF district property taxes are then deposited in a number of tax increment funds established to track their respective revenue. Revolving Equipment Fund - A regular replacement schedule for equipment needs of the City in excess of $5,000 has been adopted. Periodic fund transfers are appropriated to provide a funding source for the acquisition and purchase of new and replacement vehicles and equipment. Revolving Park Equipment Fund – Consists of funds reserved for the replacement of park equipment. Facilities Management Fund – Established in conjunction with the Facilities Management Plan (FMP). The FMP provides a schedule of major repairs, replacements and upgrades to all of the City facilities. Permanent Improvement Revolving Fund – Consists of funds available for annual street mill and overlay projects with any remaining funds to be used to provide upfront funding for future improvements. Construction Fund - Represent unexpended bond proceeds that are reserved to pay for improvement projects approved by the City Council on an annual basis. These dollars are necessary to complete outstanding construction contracts and related engineering and professional services. Street Oversize Fund - Consists of dedicated revenue generated by fees associated with new development and new construction building permits for the funding of pedestrian related improvements i.e., bikeways, sidewalks, trails plus right of way acquisition along collector streets and occasional collector street links. Trunk Reserve Fund - Consists of dedicated revenue generated from utility connection permits and acreage fees assessed at time of sewer and water installation for the recovering of trunk oversizing costs and central municipal system improvements i.e., wells lift stations, force mains, etc. These dollars are programmed throughout the course of the City’s capital improvement plan. Water Storage Fund - Accounts for the water tower fee that is charged and collected on building permits. This fund balance is 100% reserved for the construction of elevated and ground water storage facilities. Debt Service Funds - Represents prepayments of special assessments, property tax collections and special levies needed to pay the outstanding bonded indebtedness of the City. This fund balance is 100% reserved for the payment of bond principal and interest. Agency Fund - Accounts for the residential building permit deposit that is refunded to the building contractor upon final inspection. This provides financial assurance that the property site will be adequately cleaned up and debris free before an occupancy permit is granted. Severance Compensation Fund – Internal Service Fund established to partially fund the City’s compensated absence liability associated with the accrued vacation and sick leave for employees upon termination as recommended by the State Auditor’s Office. Insurance Fund – Internal Service Fund established to track revenues and expenditures related to insurance funds. City of Prior Lake Treasurers Report August 2021 Fund Type & Name Fund Balance Classification Constraints Business-Type Funds Water Fund Unrestricted Identified on utility bill for this purpose Sewer Fund Unrestricted Identified on utility bill for this purpose Water Quality Fund Unrestricted Identified on utility bill for this purpose Governmental-Type Funds General Fund Unassigned Cash flow, emergencies, one-time opportunities Special Revenue Funds Cable Franchise Fund Assigned for communications Statutory obligation to use for PEG access Capital Park Fund Assigned for capital improvements Contractually obligated; park dedication fees EDA Special Revenue Assigned for development Economic Development Econ Dev Federal Revolving Loan Fund Restricted for economic development Economic Development Econ Dev MN Revolving Loan Fund Restricted for economic development Economic Development Developer Agreement Fund Assigned for development Contractually obligated; Capital Project Funds Tax Increment Restricted for tax increment Contractually obligated by tax increment agreements TIF #1-3 Restricted for tax increment Contractually obligated by tax increment agreements TIF #1-4 Restricted for tax increment Contractually obligated by tax increment agreements TIF #3-1 Restricted for tax increment Contractually obligated by tax increment agreements TIF #4-1 Restricted for tax increment Contractually obligated by tax increment agreements TIF #5-1 Restricted for tax increment Contractually obligated by tax increment agreements TIF #6-1 Restricted for tax increment Contractually obligated by tax increment agreements Revolving Equipment Fund Assigned for capital improvements Identified for equipment replacement Revolving Park Equipment Fund Assigned for capital improvements Identified for park equipment replacement Facilities Management Fund Assigned for capital improvements Identified for funding Facilities Management Plan Permanent Improvement Revolving Fund Assigned for capital improvements Identified for funding street improvement projects Construction Fund Restricted for capital improvements Construction projects in progress Trunk Reserve Fund Assigned for capital improvements Contractually obligated by developer agreements Street Oversize Fund Assigned for capital improvements Contractually obligated by developer agreements Water Storage Fund Assigned for capital improvements Contractually obligated by developer agreements Debt Service Funds Restricted for Debt Service Reserved for contractually obligated debt service Agency Fund N/A Escrows to be reimbursed to depositors Internal Service Funds Unrestricted Identified as payment for severance compensation and insurance SY/COM, Inc. 6710 Penn Ave. S. Minneapolis, MN 55423 612 861-3451 FAX 612 861-0969 E-MAIL: TJK@SYCOM.US SY/COM, Inc. Quotation # PL210825A 08/25/21 Andy Per our conversation I am providing you with a quote to modify Breezy Point and Flint lift station to update the control system to match what is being installed in Centex. I have broken this quote into two parts. Option 1 is for updating the controller and control equipment. Option 2 is for replacing the drives. Option 1 includes all labor, travel, and documentation. Also includes some parts that were not upgraded in Watzl 1) Rewire Fleetzoom to match alarms at Centex. 2) Replace/Rewire the following items (all items to be kept for spares by the City of Prior Lake) Main controller Backup controller (installed with new software same as Centex) UPS IS barriers for High and Low float IS barrier for pressure transducer Replace existing 24VDC Power Supply Replace existing 24VAC Power supply Add new 24VDC Power supply to match setup at Centex Add new 12VDC Power supply Install and wire 4 new floats Install new transducer 0-10psi 4-20ma Install new transducer IS Barrier Replace all 120VAC/24 VDC/12VDC control relays (sockets remain) Install new phase monitor Add new Seal fail Pilot lights Add new IS barriers for backup float and for Lead float Heater Time delay relay to delay backup alarm Please note all the Fleetzoom relays and the Fleetzoom power supply will remain the same as it was recently installed. Option 2 includes all labor, travel, and documentation (both drives are to be kept for spares by the City of Prior Lake) 1) Replace/rewire the VFD Our cost for option 1 is: $7989.00/each station Our cost for option 2 (valid only at the time of the control system install) is: $2751.00/each station Please note this quote does not include: 1) installation (other than included above) 2) permits 3)necessary sales or use taxes if any applicable. 4)any equipment or parts located remotely to these cabinets unless specifically stated as part of this proposal 5)any equipment, parts, software, or necessary changes which are due to changes to the requirements as stated above. The time frame for this quote would be 2-8 weeks after receipt of order and based on weather conditions, incoming order scheduling and receipt of go ahead from Prior Lake. Even though I would love to sell you more vfd’s, I feel it is more cost effective for you to just update one stations vfd’s as then you would have two spares for the other station, but just let me know what you wish to do. Should you have any questions on the quote please feel free to call me at any time at the office 612 861-3451 or on my cell at 612 269-2366. Respectfully Submitted, Tim Kamrath SY/COM, Inc. 800 6th St. N.W. New Prague, MN 56071 Office: (952) 758-9445 Fax: (952) 758-9661 Re: Prior Lake, MN; Breezy Point LS #10 Lift Station Wet Well Upgrade Quality Flow Systems is pleased to provide a quotation in accordance with your request and as follows: Item A Lift Station; Duplex Wet Well Upgrade; This will consist of replacing both pumps, along with the pump guide systems and discharge piping. The new pumps will be equipped with vortex impellers sized for the application. We will also be supplying and installing new guide systems and discharge piping. Please see my itemized parts and labor breakdown below. To include: Qty Description 2 KSB, model KRT F80-250/74XG-S, 10hp, 230/460/3, 1750rpm submersible pumps to include: • Vortex impellers capable of passing 3 1/8” solids, 9.331 • Double mechanical seals in tandem • 2-part epoxy paint • 50’ of power cable • Class 1 Div.1 explosion proof motors, inverter duty rated • Stainless steel pump lifting handles • 20’ of stainless-steel lifting chain per pump • Seal fail / over temp sensors built into pumps • KSB pump safe module • 5 Year pump warranty 2 KSB, Guide claws 2 KSB, Base elbows 2 Stainless steel upper brackets 2 4” x 14’ long, flange by plain end riser pipes, concrete lined ductile iron 2 4” flange coupling adapters 2 4” 90-degree elbows, flange by flange 1 Stainless steel cable rack 2 4” flange by flange swing flex check valves A/R Bolt and gasket kits, 4” 1 Re-use existing guide pipe A/R Onsite start-up / training of pumps A/R Installation of all above listed equipment Total Sell Price for Item A is $34,450.00 (plus any applicable taxes) Adder: Add $1,850.00 to the above listed price for a 39” x 41” wet well entrance safety grate. This price includes all necessary SS fasteners, installation and freight. Quotation To: Prior Lake, MN Attn: Andy Stephes Date: 09/23/2021 From: Cory Malay Phone: (952) 758-9445 800 6th St. N.W. New Prague, MN 56071 Office: (952) 758-9445 Fax: (952) 758-9661 Re: Prior Lake, MN; Breezy Point LS #10 Lift Station Control Panel Modifications Quality Flow Systems Inc. is pleased to provide a quotation in accordance with your request and as follows: Item A Lift Station; Duplex; Control Panel Modifications; This will consist of suppling and installing the requested control components into your existing cabinet. Qty Description 1 Rr-wire Fleet Zoom to match Centex alarms 1 1500CT PLC, includes 5.7” color touchscreen controller, I/O board with removable terminals, retro fit bezel, and power supply 1 Float controller, 5-channel with intrinsically safe circuit extensions 1 Intrinsically safe barrier for transducer 1 Replace existing power supply’s 4 N.O. weighted float switches, 60’ cables 1 A1000 Transducer Assembly to include: 60’ cable, stainless steel mounting pipe with 20’ of aircraft cable and clamps, 4-20ma 5lb removable sensor, and breather bag (panel mounted) 8 2-Pole Idec relays (6) 120VAC, (2) 12VDC 1 Phase Monitor A/R Pilot lights, 30mm, LED push to test 1 Time delay relay 2 Mitsubishi variable frequency drives for phase conversion, 49FLA 1 Cooling Fan System; Thermostatically controlled; with filtered make-up air vent, and stainless-steel shroud kits 1 Installation of above listed equipment Total Sell Price for Item A - $12,971.00 (plus any applicable taxes) Terms: Quotation is based upon Quality Flow Systems Inc. Standard Terms and Conditions of Sale; copy provided upon request. Proposed Delivery Schedule: Delivery: 3 to 4 weeks after approval. Delivery and Storage: Freight allowed to job site. Thank you for this opportunity to be of service to you. If you have any questions, please don’t hesitate to call. Sincerely, Cory Malay Cory Malay Quotation To: Prior Lake, MN Attn: Andy Stephes Date: 09/23/2021 From: Cory Malay Phone: (952) 758-9445 800 6th St. N.W. ▪ New Prague, MN 56071 Web: www.qfsi.com ▪ Page: 2 of 2 Exclusions: • Vac. truck for initial lift station clean out and bypass will be provided by city. Terms: Quotation is valid for 30 days. Based upon Quality Flow Systems Standard Terms and Conditions of Sale; copy provided upon request. Proposed Delivery Schedule: 4 – 6 Weeks Delivery and Storage: Freight allowed to job site. Thank you for this opportunity to be of service to you. If you have any questions, please don’t hesitate to call.952-221-9800 Sincerely, Cory Malay Cory Malay 800 6th St. N.W. New Prague, MN 56071 Office: (952) 758-9445 Fax: (952) 758-9661 Re: Prior Lake, MN; Flint Trail LS #16 Lift Station Wet Well Upgrade Quality Flow Systems is pleased to provide a quotation in accordance with your request and as follows: Item A Lift Station; Duplex Wet Well Upgrade; This will consist of replacing both pumps, along with the pump guide systems and discharge piping. The new pumps will be equipped with vortex impellers sized for the application. We will also be supplying and installing new guide systems and discharge piping. Please see my itemized parts and labor breakdown below. To include: Qty Description 2 KSB, model KRT F80-250/74XG-S, 10hp, 230/460/3, 1750rpm submersible pumps to include: • Vortex impellers capable of passing 3 1/8” solids, 8.268 • Double mechanical seals in tandem • 2-part epoxy paint • 50’ of power cable • Class 1 Div.1 explosion proof motors, inverter duty rated • Stainless steel pump lifting handles • 20’ of stainless-steel lifting chain per pump • Seal fail / over temp sensors built into pumps • KSB pump safe module • 5 Year pump warranty 1 Mix Flush Valve (Pump 1) 2 KSB, Guide claws 2 KSB, Base elbows 2 Stainless steel upper brackets 2 4” x 6’ long, flange by plain end riser pipes, concrete lined ductile iron 2 4” x 8” Long flange by flange spool piece 2 4” flange coupling adapters 2 4” 90-degree elbows, flange by flange 1 Stainless steel cable rack 2 4” flange by flange swing flex check valves A/R Bolt and gasket kits, 4” 1 Re-use existing guide pipe A/R Onsite start-up / training of pumps A/R Installation of all above listed equipment Total Sell Price for Item A is $36,380.00 (plus any applicable taxes) Adder: Add $1,850.00 to the above listed price for a 39” x 41” wet well entrance safety grate. This price includes all necessary SS fasteners, installation and freight. Quotation To: Prior Lake, MN Attn: Andy Stephes Date: 09/23/2021 From: Cory Malay Phone: (952) 758-9445 800 6th St. N.W. New Prague, MN 56071 Office: (952) 758-9445 Fax: (952) 758-9661 Re: Prior Lake, MN; Flint Trail LS #16 Lift Station Control Panel Modifications Quality Flow Systems Inc. is pleased to provide a quotation in accordance with your request and as follows: Item A Lift Station; Duplex; Control Panel Modifications; This will consist of suppling and installing the requested control components into your existing cabinet. Qty Description 1 Rr-wire Fleet Zoom to match Centex alarms 1 1500CT PLC, includes 5.7” color touchscreen controller, I/O board with removable terminals, retro fit bezel, and power supply 1 Float controller, 5-channel with intrinsically safe circuit extensions 1 Intrinsically safe barrier for transducer 1 Replace existing power supply’s 4 N.O. weighted float switches, 60’ cables 1 A1000 Transducer Assembly to include: 60’ cable, stainless steel mounting pipe with 20’ of aircraft cable and clamps, 4-20ma 5lb removable sensor, and breather bag (panel mounted) 8 2-Pole Idec relays (6) 120VAC, (2) 12VDC 1 Phase Monitor A/R Pilot lights, 30mm, LED push to test 1 Time delay relay 2 Mitsubishi variable frequency drives for phase conversion, 49FLA 1 Cooling Fan System; Thermostatically controlled; with filtered make-up air vent, and stainless-steel shroud kits 1 Installation of above listed equipment Total Sell Price for Item A - $12,971.00 (plus any applicable taxes) Terms: Quotation is based upon Quality Flow Systems Inc. Standard Terms and Conditions of Sale; copy provided upon request. Proposed Delivery Schedule: Delivery: 3 to 4 weeks after approval. Delivery and Storage: Freight allowed to job site. Thank you for this opportunity to be of service to you. If you have any questions, please don’t hesitate to call. Sincerely, Cory Malay Cory Malay Quotation To: Prior Lake, MN Attn: Andy Stephes Date: 09/23/2021 From: Cory Malay Phone: (952) 758-9445 800 6th St. N.W. ▪ New Prague, MN 56071 Web: www.qfsi.com ▪ Page: 2 of 2 Exclusions: • Vac. truck for initial lift station clean out and bypass will be provided by city. Terms: Quotation is valid for 30 days. Based upon Quality Flow Systems Standard Terms and Conditions of Sale; copy provided upon request. Proposed Delivery Schedule: 4 – 6 Weeks Delivery and Storage: Freight allowed to job site. Thank you for this opportunity to be of service to you. If you have any questions, please don’t hesitate to call.952-221-9800 Sincerely, Cory Malay Cory Malay Standard Construction Contract This Contract (“Contract”) is made this 4th day of October, 2021, between the City of Prior Lake, Minnesota (hereinafter "City"), whose business address is 4646 Dakota Street SE, Prior Lake, MN 55372, and Electric Pump (hereinafter "Contractor") whose business address is 201 4th Ave SW, New Prague, MN 56071. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of work by the Contractor as described in Exhibit A, hereinafter referred to as the "Work”: The City and Contractor agree as follows: 1. Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. The terms of this Contract shall take precedence over any provisions of the Contractor’s proposal and/or general conditions. 2. Time of Commencement and Completion. The Work to be performed under this Contract shall be commenced immediately after execution of this Contract. The Work shall be completed by December 31, 2021. 3. Compensation for Services. City agrees to pay the Contractor a total fixed sum of $73,511.80 ($36,846.40 for Breezy Point and $36,665.40 for Flint) as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. Method of Payment. The Contractor shall submit to the City, an itemized invoice for services performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. a. Invoices. Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Contractor shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the Page 2 of 11 S:\Sanitary\lift stations\2021 LS Rehab\STANDARD CONTRACT - Electric Pump.docx contract. Each invoice shall be accompanied by general lien waiver and further lien waivers from all subcontractors on the project waiving liens for work for which payment was requested by Contractor and paid for by City on the preceding invoice. b. Claims. To receive any payment on this Contract, pursuant to Minn. Stat. 471.38, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” c. Final Payment. Contractor’s request for final payment shall be accompanied by Contractor’s affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or its property might in any way be responsible, have been paid or otherwise satisfied. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work in writing. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for Final Payment. d. Income Tax Withholding. No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Scott County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 6. Project Manager. The Contractor has designated Adam Thoreson to manage the Work. He/she shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the designated manager without the approval of the City. 7. Condition and Inspection. All goods and other materials furnished under this Contract shall be new and in current manufacture, unless otherwise specified, and all goods and work shall be of good quality, free from faults and defects and in conformance with this Contract. All goods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor’s expense. 8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. Page 3 of 11 S:\Sanitary\lift stations\2021 LS Rehab\STANDARD CONTRACT - Electric Pump.docx 9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 10. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, 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. 11. Removal of Construction Equipment, Tools and Supplies. At the termination of this Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor’s equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor. 12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City’s suspension of all or part of the Work causes additional expenses not due to the fault or negligence of the Contractor, the City shall reimburse the Contractor for the additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the City within ten (10) days after the date of 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 Page 4 of 11 S:\Sanitary\lift stations\2021 LS Rehab\STANDARD CONTRACT - Electric Pump.docx weather, failure to furnish additional surety or sureties specified herein, for suspension made at the request of the Contractor, or for any other delay provided for in this Contract. 13. City’s Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the City may, after ten (10) days written notice to the Contractor and without prejudice to any other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City. 14. City’s Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract 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 workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor; d. Any disregard of laws, ordinances or proper instructions of the City; e. Assignment or work without permission of the City; f. Abandonment of the work by Contractor; g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time. Termination of the Contract shall be preceded by ten (10) days written notice by the City to the Contractor and its surety stating the grounds 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 ten (10) day period unless the City Council shall withdraw its notice of termination. Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the 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 City. In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. 15. Contractor’s Right to Terminate Contract. The Contractor may terminate this Contract upon ten (10) days written notice to the City for any of the following reasons: Page 5 of 11 S:\Sanitary\lift stations\2021 LS Rehab\STANDARD CONTRACT - Electric Pump.docx 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 or fault of the Contractor or its employees. b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due. 16. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City. The Contractor shall pay any subcontractor involved in the performance of this Contract within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest 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. 17. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 18. Notice. Required notices to the Contractor shall be in writing, and shall be either hand- delivered to the Contractor, its employees or agents, or mailed to the Contractor by certified mail at the following address: 201 4th Ave SW New Prague, MN 56071 Notices to the City shall be in writing and shall be either hand-delivered or mailed to the City by certified mail at the following address: Andy Stephes, Utilities Foreman City of Prior Lake 4646 Dakota Street SE Prior Lake, MN 55372 Notices shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 19. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of Page 6 of 11 S:\Sanitary\lift stations\2021 LS Rehab\STANDARD CONTRACT - Electric Pump.docx them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, required by law, or the insurance coverage actually obtained by Contractor, whichever is greater. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Prior Lake” as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. f. All policies shall apply on a “per project” basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies shall be primary and non-contributory. Page 7 of 11 S:\Sanitary\lift stations\2021 LS Rehab\STANDARD CONTRACT - Electric Pump.docx i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract. j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverages required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that Page 8 of 11 S:\Sanitary\lift stations\2021 LS Rehab\STANDARD CONTRACT - Electric Pump.docx applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 20. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract (“Information”) shall become the property of the City, but Contractor may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 22. Non-Discrimination. During the performance of this Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 23. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the Page 9 of 11 S:\Sanitary\lift stations\2021 LS Rehab\STANDARD CONTRACT - Electric Pump.docx American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Prior Lake unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 24. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract shall contain similar Data Practices Act compliance language. 25. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 26. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 27. Damages. In the event of a breach of the Contract by City, the Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 28. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 29. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 30. Entire Agreement. The entire agreement of the parties is contained herein. This Contract 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 Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 31. Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or Page 10 of 11 S:\Sanitary\lift stations\2021 LS Rehab\STANDARD CONTRACT - Electric Pump.docx failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 32. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 33. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 34. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 35. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of Work to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the Work to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 36. Responsible Contractor Contractor warrants under oath that Contractor is in compliance with the minimum criteria required of a “responsible contractor” as that term is defined in Minnesota Statutes § 16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors and motor carriers that it intends to retain for work on the project. The Contractor has obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If Contractor retains additional subcontractors or motor carriers on the project after submitting its verification of compliance, the Contractor shall obtain verification of compliance from each additional subcontractor and motor carrier with which it has a direct contractual relationship and shall submit to the City a supplemental verification confirming the subcontractor’s and motor carrier’s compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors or motor carriers. Contractor shall submit to the City upon request copies of the signed verifications of compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance with any of the minimum criteria may result in termination of the Contract. Page 11 of 11 S:\Sanitary\lift stations\2021 LS Rehab\STANDARD CONTRACT - Electric Pump.docx Executed as of the day and year first written above. CITY OF PRIOR LAKE __________________________________ Mayor ___________________________________ City Manager ELECTRIC PUMP By: ________________________________ Its: _______________________________ Standard Construction Contract This Contract (“Contract”) is made this 4th day of October, 2021, between the City of Prior Lake, Minnesota (hereinafter "City"), whose business address is 4646 Dakota Street SE, Prior Lake, MN 55372, and Sy/Com, Inc. (hereinafter "Contractor") whose business address is 6710 Penn Ave S, Minneapolis, MN 55423. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of work by the Contractor as described in Exhibit A, hereinafter referred to as the "Work”: The City and Contractor agree as follows: 1. Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A (SyCom quote PL210825A dated August 25, 2021). The terms of this Contract shall take precedence over any provisions of the Contractor’s proposal and/or general conditions. 2. Time of Commencement and Completion. The Work to be performed under this Contract shall be commenced immediately after execution of this Contract. The control panel shall be delivered to the work site by December 31, 2021. 3. Compensation for Services. City agrees to pay the Contractor a total fixed sum of $18,729 as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. Method of Payment. The Contractor shall submit to the City, an itemized invoice for services performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. a. Invoices. Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Contractor shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the Page 2 of 11 S:\Sanitary\lift stations\2021 LS Rehab\STANDARD CONTRACT - SyCom.docx contract. Each invoice shall be accompanied by general lien waiver and further lien waivers from all subcontractors on the project waiving liens for work for which payment was requested by Contractor and paid for by City on the preceding invoice. b. Claims. To receive any payment on this Contract, pursuant to Minn. Stat. 471.38, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” c. Final Payment. Contractor’s request for final payment shall be accompanied by Contractor’s affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or its property might in any way be responsible, have been paid or otherwise satisfied. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work in writing. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for Final Payment. d. Income Tax Withholding. No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Scott County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 6. Project Manager. The Contractor has designated Tim Kamrath to manage the Work. He/she shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the designated manager without the approval of the City. 7. Condition and Inspection. All goods and other materials furnished under this Contract shall be new and in current manufacture, unless otherwise specified, and all goods and work shall be of good quality, free from faults and defects and in conformance with this Contract. All goods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor’s expense. 8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. Page 3 of 11 S:\Sanitary\lift stations\2021 LS Rehab\STANDARD CONTRACT - SyCom.docx 9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 10. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, 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. 11. Removal of Construction Equipment, Tools and Supplies. At the termination of this Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor’s equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor. 12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City’s suspension of all or part of the Work causes additional expenses not due to the fault or negligence of the Contractor, the City shall reimburse the Contractor for the additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the City within ten (10) days after the date of 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 Page 4 of 11 S:\Sanitary\lift stations\2021 LS Rehab\STANDARD CONTRACT - SyCom.docx weather, failure to furnish additional surety or sureties specified herein, for suspension made at the request of the Contractor, or for any other delay provided for in this Contract. 13. City’s Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the City may, after ten (10) days written notice to the Contractor and without prejudice to any other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City. 14. City’s Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract 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 workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor; d. Any disregard of laws, ordinances or proper instructions of the City; e. Assignment or work without permission of the City; f. Abandonment of the work by Contractor; g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time. Termination of the Contract shall be preceded by ten (10) days written notice by the City to the Contractor and its surety stating the grounds 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 ten (10) day period unless the City Council shall withdraw its notice of termination. Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the 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 City. In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. 15. Contractor’s Right to Terminate Contract. The Contractor may terminate this Contract upon ten (10) days written notice to the City for any of the following reasons: Page 5 of 11 S:\Sanitary\lift stations\2021 LS Rehab\STANDARD CONTRACT - SyCom.docx 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 or fault of the Contractor or its employees. b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due. 16. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City. The Contractor shall pay any subcontractor involved in the performance of this Contract within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest 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. 17. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 18. Notice. Required notices to the Contractor shall be in writing, and shall be either hand- delivered to the Contractor, its employees or agents, or mailed to the Contractor by certified mail at the following address: 6710 Penn Ave S Minneapolis, MN 55423 Notices to the City shall be in writing and shall be either hand-delivered or mailed to the City by certified mail at the following address: Andy Stephes, Utilities Foreman City of Prior Lake 4646 Dakota Street SE Prior Lake, MN 55372 Notices shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 19. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of Page 6 of 11 S:\Sanitary\lift stations\2021 LS Rehab\STANDARD CONTRACT - SyCom.docx them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, required by law, or the insurance coverage actually obtained by Contractor, whichever is greater. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Prior Lake” as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. f. All policies shall apply on a “per project” basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies shall be primary and non-contributory. Page 7 of 11 S:\Sanitary\lift stations\2021 LS Rehab\STANDARD CONTRACT - SyCom.docx i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract. j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverages required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that Page 8 of 11 S:\Sanitary\lift stations\2021 LS Rehab\STANDARD CONTRACT - SyCom.docx applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 20. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract (“Information”) shall become the property of the City, but Contractor may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 22. Non-Discrimination. During the performance of this Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 23. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the Page 9 of 11 S:\Sanitary\lift stations\2021 LS Rehab\STANDARD CONTRACT - SyCom.docx American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Prior Lake unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 24. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract shall contain similar Data Practices Act compliance language. 25. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 26. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 27. Damages. In the event of a breach of the Contract by City, the Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 28. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 29. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 30. Entire Agreement. The entire agreement of the parties is contained herein. This Contract 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 Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 31. Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or Page 10 of 11 S:\Sanitary\lift stations\2021 LS Rehab\STANDARD CONTRACT - SyCom.docx failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 32. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 33. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 34. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 35. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of Work to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the Work to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 36. Responsible Contractor Contractor warrants under oath that Contractor is in compliance with the minimum criteria required of a “responsible contractor” as that term is defined in Minnesota Statutes § 16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors and motor carriers that it intends to retain for work on the project. The Contractor has obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If Contractor retains additional subcontractors or motor carriers on the project after submitting its verification of compliance, the Contractor shall obtain verification of compliance from each additional subcontractor and motor carrier with which it has a direct contractual relationship and shall submit to the City a supplemental verification confirming the subcontractor’s and motor carrier’s compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors or motor carriers. Contractor shall submit to the City upon request copies of the signed verifications of compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance with any of the minimum criteria may result in termination of the Contract. Page 11 of 11 S:\Sanitary\lift stations\2021 LS Rehab\STANDARD CONTRACT - SyCom.docx Executed as of the day and year first written above. CITY OF PRIOR LAKE __________________________________ Mayor ___________________________________ City Manager SY/COM, INC. By: ________________________________ Its: _______________________________ 13605 1st Avenue North #100, Plymouth, MN 55441 P 763.412.4000 F 763.412.4090 ae-mn.com WETLAND REPLACEMENT PLAN DISTINCTIVE LAND DEVELOPMENT, LLC REVERE PLACE 17944 REVERE WAY PRIOR LAKE, MINNESOTA SCOTT COUNTY (PID: 259120080) AUGUST 17, 2021 AE JOB NO. 16614 Distinctive Land Development, LLC – Revere Place (USACE Reg File No: 2019-02767-SSC and Scott SWCD: WCA-21-013) PART ONE: Applicant Information If applicant is an entity (company, government entity, partnership, etc.), an authorized contact person must be identified. If the applicant is using an agent (consultant, lawyer, or other third party) and has authorized them to act on their behalf , the agent’s contact information must also be provided. Applicant/Landowner Name: Distinctive Land Development, LLC/Matt Odenthal Mailing Address: 17645 Juniper Path #200, Lakeville, MN 55044 Phone: (651) 344-7151 E-mail Address: mj.odenthal@yahoo.com Agent Name: Anderson Engineering of Minnesota, LLC, Ben Hodapp Mailing Address: 13605 1st Avenue North, Suite 100, Plymouth, MN 55441 Phone: (763) 412-4000 E-mail Address: bhodapp@ae-mn.com PART TWO: Site Location Information County: Scott City/Township: Prior Lake Parcel ID and/or Address: PID: 259120080 Legal Description (Section, Township, Range): S12, T114N, R22W Lat/Long (decimal degrees): 44.689416, -93.405307 Attach a map showing the location of the site in relation to local streets, roads, highways. See Figures, Attachment A Approximate size of site (acres) or if a linear project, length (feet): 10.04-acre If you know that your proposal will require an individual Permit from the U.S. Army Corps of Engineers, you must provide the names and addresses of all property owners adjacent to the project site. This information may be provided by attaching a list to your application or by using block 25 of the Application for Department of the Army permit which can be obtained at: http://www.mvp.usace.army.mil/Portals/57/docs/regulatory/RegulatoryDocs/engform_4345_2012oct.pdf PART THREE: General Project/Site Information If this application is related to a delineation approval, exemption determination, jurisdictional determination, or other correspondence submitted prior to this application then describe that here and provide the Corps of Engineers project number. • Scott County Soil and Water Conservation District (SWCD) Project Number: WCA-21-013 o MN WCA Boundary/Type NOD: 6/25/2021 • USACE Regulatory File No. 2019-02767-SSC o USACE Concurrence: 6/11/2020 Describe the project that is being proposed, the project purpose and need, and schedule for implementation and completion. The project description must fully describe the nature and scope of the proposed activity including a description of all project elements that effect aquatic resources (wetland, lake, tributary, etc.) and must also include plans and cross section or profile drawings showing the location, character, and dimensions of all proposed activities and aquatic resource impacts. BACKGROUND The site consists of approximately 10.04-acres of homestead with agricultural fields and wooded areas. There is an existing house, a separate building with adjacent recreational court, and bituminous driveway. A wetland delineation was conducted by Braun Intertec Corporation on August 23, 2019 at the parcel (PID: 259120080) located northwest of the intersection of Revere Way and 180th Street East in Prior Lake, Scott County, Minnesota. A total of two wetlands and one perennial stream were identified and delineated on-site. At this time, the region received above normal precipitation. A complete delineation report and WCA application were submitted to the Scott County SWCD on May 20, 2021. The wetland boundary/type at the parcel was reviewed and approved by Scott County SWCD as documented in a Notice of Decision dated June 25, 2021. A copy of the NOD is included in Appendix B. Historically the parcel was located within the Spring Lake Township, Scott County and identified as PID: 119120042. It was later annexed within the limits of the City of Prior Lake in 2021 as PID: 259120080. PROJECT DESCRIPTION Distinctive Land Development, LLC is proposing to construct 20 new single-family residential homes located west of Revere Way and north of 180th Street East, near Cleary Lake in Prior Lake, Scott County, Minnesota (Appendix B, Drawing 1.10). The development will consist of removing the existing house, adjacent structures, utilities, driveway, septic tank, and filling the swale in the southeast quadrant that provides storm water drainage off-site. The project proposes to install housing infrastructure, utilities, a cul-de-sac that will connect to Prairie Way, and install a storm sewer network that will provide drain tile at all low points across the Revere Way along both sides of storm sewer pipe (Appendix B, Drawing 4.10). RESOURCE IMPACT WETLAND 1 As depicted on Drawing 8.10 in Appendix A, wetland one is located in the northern portion of the southeast quadrant of the parcel. Wetland one includes an ephemeral feature and a small wetland basin that is present where the topography of the channel flattens. Vegetation within the wetland includes reed canary grass (Phalaris arundinacea), narrowleaf cattail (Typha Angustifolia), palmer’s pigweed (Amaranthus palmeri), Canada goldenrod (Solidago canadensis), and Canada thistle (Cirsium arvense). EPHEMERAL FEATURE Based on field validation and desktop review on August 11, 2021, the ephemeral feature (drainage swale) flows only in direct response to precipitation (Figure 2). This feature is not mapped by MnDNR Public Waters or National Wetlands Inventory Map and is located in non-hydric mapped soils. The drainage swale collects overland flow from adjacent parcels to the south and gathers in a small wetland basin off-site that connects to the drainage swale on-site via culvert (See Figure 1 and Drawing 8.10 in Appendix A). The drainage swale also collects stormwater runoff via a storm water line from residential development to the west. The drainage swale begins under 180th Street East via culvert that abuts a small wetland basin in a roadside ditch off-site. It then travels northeast along the southeastern portion of the site through the drainage swale and continues to the eastern site boundary under Revere Way via culvert. The drainage swale then continues off-site to the east. Distinctive Land Development, LLC is proposing to fill approximately 540-linear feet of the drainage swale and 0.047-acre of wetland one in the southeast quadrant for the construction of 20 new single-family residential homes. Figure 1. Drainage swale connecting via culvert from the south. Figure 2. Drainage swale flows only in direct response to precipitation. Distinctive Land Development, LLC – Revere Place (USACE Reg File No: 2019-02767-SSC and Scott SWCD: WCA-21-013) Attachment C Avoidance and Minimization Project Purpose, Need, and Requirements. Clearly state the purpose of your project and need for your project. Also include a description of any specific requirements of the project as they relate to project location, project footprint, water management, and any other applicable requirements. Attach an overhead plan sheet showing all relevan t features of the project (buildings, roads, etc.), aquatic resource features (impact areas noted) and construction details (grading plans, storm water management plans, etc.), referencing these as necessary: The purpose of this project is to construct 20 new single-family residential homes in Prior Lake, Scott County, Minnesota. The project is needed to address the demand for and deficit in available housing in the area according to the City of Prior Lake 2040 Comprehensive Plan. Avoidance. Both the CWA and the WCA require that impacts to aquatic resources be avoided if practicable alternatives exist. Clearly describe all on-site measures considered to avoid impacts to aquatic resources and discuss at least two project alternatives that avoid all impacts to aquatic resources on the site. These alternatives may include alternative site plans, alternate sites, and/or not doing the project. Alternatives should be feasible and prudent (see MN Rules 8420.0520 Subp. 2 C). Applicants are encouraged to attach drawings and plans to support their analysis: The preferred alternative for the 20 new single-family residential homes would be to install the housing infrastructure, utilities, a cul-de-sac that will connect to Prairie Way, and install a storm sewer network. The preferred alternative would have no impacts to wetland two; however, it is not practicable to entirely avoid impacts to wetland one. Complete avoidance of wetland one would not meet the project purpose. An earlier alternative design layout was contemplated but later dismissed because it would result in wetland two impacts. This was due to the alignment of the proposed cul-de-sac and position of the single-family residential home needing to meet city planning and zoning requirements. The “no build” alternative was discussed and later dismissed because it does not meet the stated project purpose or need. Complete avoidance of wetland one would result in future degradation of the wetland’s ability to function due to residential development encircling the basin. Minimization. Both the CWA and the WCA require that all unavoidable impacts to aquatic resources be minimized to the greatest extent practicable. Discuss all features of the proposed project that have been modified to minimize the impacts to water resources (see MN Rules 8420.0520 Subp. 4): The project minimized unavoidable wetland impacts to the greatest practicable extent. Wetland impacts have been minimized to the greatest extent necessary for the project to meet the city planning and zoning design requirements for lots, streets, sidewalks, utilities, maintain safety, and to support the project purpose and need. The filling of the drainage swale and installation of a storm sewer network along the south and eastern portion of the parcel would result in severe degradation of wetland one’s ability to function and provide public value. Therefore, the replacement of the wetland with a 2:1 replacement ratio would result in a certain gain in function and public value. Any temporary impacts will be minimized through the installation of silt fences and erosion control BMP’s during construction, as appropriate. Off-Site Alternatives. An off-site alternatives analysis is not required for all permit applications. If you know that your proposal will require an individual permit (standard permit or letter of permission) from the U.S. Army Corps of Engineers, you may be required to provide an off-site alternatives analysis. The alternatives analysis is not required for a complete application but must be provided during the review process in order for the Corps to complete the evaluation of your application and reach a final decision. Applicants with questions about when an off-site alternatives analysis is required should contact their Corps Project Manager. The applicant conducted a lengthy search of alternative sites within the vicinity and could not find any available to meet the space, access, and city planning and zoning requirements. The proposed project is adjacent to a low-density residential use zone and is consistent with the City of Prior Lake 2040 Comprehensive Plan. Distinctive Land Development, LLC – Revere Place (USACE Reg File No: 2019-02767-SSC and Scott SWCD: WCA-21-013) Attachment D Replacement/Compensatory Mitigation Complete this part if your application involves wetland replacement/compensatory mitigation not associated with the local road wetland replacement program. Applicants should consult Corps mitigation guidelines and WCA rules for requirements. Replacement/Compensatory Mitigation via Wetland Banking. Complete this section if you are proposing to use credits from an existing wetland bank (with an account number in the State wetland banking system) for all or part of your replacement/compensatory mitigation requirements. Wetland Bank Account # County Major Watershed # Bank Service Area # Credit Type (if applicable) Number of Credits 1468 Le Sueur 33 9 2 0.094 Applicants should attach documentation indicating that they have contacted the wetland bank account owner and reached at least a tentative agreement to utilize the identified credits for the project. This documentation could be a signed purchase agreement, signed application for withdrawal of credits or some other correspondence indicating an agreement between the applicant and the bank owner. However, applicants are advised not to enter into a binding agreement to purchase credits until the mitigation plan is approved by the Corps and LGU. The project has reserved up to 0.094-acre of credit from Wetland Bank Account Number: 1468. The applicant will execute purchase of the actual credit quantity necessary to meet replacement requirements. For proof of adequate reserved wetland bank credits, see Appendix C for Wetland Bank Credit Reservation Agreement. Appendix A FIGURES THE MEADOWS OF CLEARY LAKEREGISTERED PROFESSIONAL CIVIL ENGINEER PREPARED BY PIONEER ENGINEERING, P.A. REGISTERED PROFESSIONAL LAND SURVEYOR DEVELOPER REG. NO. 42299 BRIAN N. MOLINARO PETER J. HAWKINSON REG. NO. 47504 DISTINCTIVE DESIGN BUILD, LLC 17645 JUNIPER PATH #200 LAKEVILLE, MINNESOTA 55044 00-ENG-121006-SHEET-CVR 1.10COVER I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 22OFREVERE PLACE PRIOR LAKE, MINNESOTA DISTINCTIVE DESIGN BUILD, LLC 17645 JUNIPER PATH #200 07-23-2021 NAP/BNM PDS/BNM Name Reg. No.Date Revisions 1. XX-XX-XXXX City Comments Date Designed Drawn 2021 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 47504 07-23-2021 Brian N. Molinaro LAKEVILLE, MINNESOTA 55044 SHEET INDEX COVER SHEET 1.10 LEGEND SHEET 1.20 PRELIMINARY SITE PLAN 5.10 PRELIMINARY GRADING PLAN 7.10 PRELIMINARY EROSION CONTROL PLAN 7.20 PRELIMINARY SANITARY & WATERMAIN PLAN 6.10 XXXXXX XX-XX PRELIMINARY STORM PLAN 6.20 PRELIMINARY LANDSCAPE PLAN L1 PRELIMINARY PLAT 3.10 EXISTING CONDITIONS 2.10 PRELIMINARY SEEDING PLAN 7.30 GRADING DETAILS 7.40-7.42 REVERE PLACE PRELIMINARY PLAT PRIOR LAKE, MINNESOTA CITY DETAILS 9.10-9.14 LOCATION MAP PRELIMINARY WETLAND IMPACT & BUFFER PLAN 8.10 PRELIMINARY TREE PRESERVATION PLAN T1 PRELIMINARY SITE DETAILS 5.20 PRELIMINARY LIGHT & SIGNAGE PLAN 6.30 PRELIMINARY REMOVALS PLAN 4.10 I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 22OFREVERE PLACE PRIOR LAKE, MINNESOTA DISTINCTIVE DESIGN BUILD, LLC 17645 JUNIPER PATH #200 07-23-2021 NAP/BNM PDS/BNM Name Reg. No.Date Revisions 1. XX-XX-XXXX City Comments Date Designed Drawn 2021 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 47504 07-23-2021 Brian N. Molinaro LAKEVILLE, MINNESOTA 55044 00-ENG-121006-SHEET-DEMO 4.10PRELIMINARY REMOVALS PLAN I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 22OFREVERE PLACE PRIOR LAKE, MINNESOTA DISTINCTIVE DESIGN BUILD, LLC 17645 JUNIPER PATH #200 07-23-2021 NAP/BNM PDS/BNM Name Reg. No.Date Revisions 1. XX-XX-XXXX City Comments Date Designed Drawn 2021 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 47504 07-23-2021 Brian N. Molinaro LAKEVILLE, MINNESOTA 55044 00-ENG-121006-SHEET-WETL 8.10PRELIMINARY WETLAND IMPACT & BUFFER PLAN Denotes Existing Storm Sewer Line Denotes Proposed Storm Sewer Line Fill Existing Drainage Swale Appendix B WCA NOTICE OF DECISION Minnesota Wetland Conservation Act Notice of Decision BWSR NOA Form – November 12, 2019 1 Local Government Unit: Scott SWCD (delegated) County: Scott Applicant Name: Distinctive Land Development LLC Applicant Rep: Ben Ruhme, Braun Intertec Project Name: PID 119120042 LGU Project No. (if any): WCA-21-013 Date Complete Application Received by LGU: 5/20/2021 Date of LGU Decision: 6/25/2021 Date this Notice was Sent: 6/25/2021 WCA Decision Type - check all that apply ☒Wetland Boundary/Type ☐ Sequencing ☐ Replacement Plan ☐ Bank Plan (not credit purchase) ☐No-Loss (8420.0415)☐Exemption (8420.0420) Part: ☐ A ☐ B ☐ C ☐ D ☐ E ☐ F ☐ G ☐ H Subpart: ☐ 2 ☐ 3 ☐ 4 ☐ 5 ☐ 6 ☐ 7 ☐ 8 ☐ 9 Replacement Plan Impacts (replacement plan decisions only) Total WCA Impact Area Proposed: N/A Wetland Replacement Type: ☐ Project Specific Credits: ☐Bank Credits: Bank Account Number(s): Technical Evaluation Panel Findings and Recommendations (attach if any) ☒Approve ☐ Approve w/Conditions ☐ Deny ☐ No TEP Recommendation The TEP met onsite on May 20 and concurred with the boundaries as marked. LGU Decision ☐Approved with Conditions (specify below)1 ☒ Approved1 ☐Denied List Conditions: This approval does not authorize any wetland impacts. Decision-Maker for this Application: ☒ Staff ☐ Governing Board/Council ☐ Other: Decision is valid for: ☒ 5 years (default) ☐ Other (specify): 1 Wetland Replacement Plan approval is not valid until BWSR confirms the withdrawal of any required wetland bank credits. For project-specific replacement a financial assurance per MN Rule 8420.0522, Subp. 9 and evidence that all required forms have been recorded on the title of the property on which the replacement wetland is located must be provided to the LGU for the approval to be valid. LGU Findings – Attach document(s) and/or insert narrative providing the basis for the LGU decision1. ☐Attachment(s) (specify): ☒Summary: The LGU concurs with TEP findings that wetlands on the subject property have been accurately depicted and described in the Wetland Delineation Report dated Nov 7, 2019, in conformance with 8420.0405, Minnesota Rules. Note this NOD approves the delineation of wetlands on PID 119120042 only. 1 Findings must consider any TEP recommendations. Attached Project Documents ☒Site Location Map ☐ Project Plan(s)/Descriptions/Reports (specify): BWSR NOD Form – November 12, 2019 Appeals of LGU Decisions If you wish to appeal this decision, you must provide a written request within 30 calendar days of the date you received the notice. All appeals must be submitted to the Board of Water and Soil Resources Executive Director along with a check payable to BWSR for $500 unless the LGU has adopted a local appeal process as identified below. The check must be sent by mail and the written request to appeal can be submitted by mail or e-mail. The appeal should include a copy of this notice, name and contact information of appellant(s) and their representatives (if applicable), a statement clarifying the intent to appeal and supporting information as to why the decision is in error. Send to: Appeals & Regulatory Compliance Coordinator Minnesota Board of Water & Soils Resources 520 Lafayette Road North St. Paul, MN 55155 travis.germundson@state.mn.us Local Appeals Does the LGU have a local appeal process applicable to this decision? ☐Yes1 ☐ No 1If yes, all appeals must first be considered via the local appeals process. Submittal Requirements - describe how to appeal, submittal requirements, fees, etc. as applicable Notice Distribution (include name) Required on all notices: ☒SWCD TEP Member: Collin Schoenecker ☒BWSR TEP Member: Ben Carlson ☒LGU TEP Member (if different than LGU contact): Troy Kuphal, Jon Utecht ☒County: Greg Wagner ☒City: Pete Young ☒Watershed District or WMO Representative: Ryan Holzer Holzerarchnia☒Applicant: Matt Odenthal, Distinctive Land Development LLC ☒ Applicant Rep: Ben Ruhme, Braun Intertec Optional or As Applicable: ☐Corps of Engineers: ☐BWSR Wetland Mitigation Coordinator (required for bank plan applications only): ☐Members of the Public (notice only):☒Other: Melissa Hanson, Spring Lake Twp Signature: Date: This notice and accompanying application materials may be sent electronically or by mail. The LGU may opt to send a summary of the application to members of the public upon request per 8420.0255, Subp. 3. 6/25/2021 Appendix C WETLAND BANK CREDIT RESERVATION AGREEMENT 6010 170th Street East Preliminary Plat, Preliminary Planned Unit Development and Rezone 170th St E GraystoneCtSECre d i t R i v e r R d S EIndustrial Cir SEWelcomeAveSE87 21 Three Rivers Park District, Esri, HERE, Garmin, INCREMENT P, NGA, USGS, Scott County GIS 12 77 44 42 27 21 87 16 23 15 18 82 78 17 79 83 14 70 X:\Planning\Location Map\Location Map Template\6010 170th Street.aprx 0 340 680 1,020 1,360 Feet Subject Properties Subject Property 237.26MB960.29PP961.04CP961.81POST960.97POST960.28CULVERT 10''957.91CULVERT 10''954.81CULVERT 10''954.69POST 957.60 POST 957.74 MB958.07CP950.52CP950.64WELL952.71GUY WIRE957.07GUY WIRE957.06GUY WIRE957.26GUY WIRE957.36GUY WIRE956.84CP952.50CP948.92CP952.50CP948.92FES 15955.18FES 15955.89FES 15956.65FES 15956.69957956959962961960959958958959 960 957958959960961962SANINV940.3TNHCPCPPOSTPOSTPOSTPOSTPOSTRW B 957.6 RW 957.2 RW 957.2RW E 956.7 RW B 955.3 RW 955.1 RW E 955.9 9529 5 1 95 0 95 1952953954 95295195094994995095195295395495595595695 7 9499 5 0 9 4 8 947947948949950951952953949 948947946945 944943943944945946946947948948947946945944944945946945945944943943944945946947 943942941959 958 957 956 95 4 95 3 952 95 1 96 1 96 0 959 958 957 956 956 957 958 957962957 956 955 956957 958 959 959 959 958957956 955960960 959 958 957956GATEBITUMINOUS SURFACEBITUMINOUS SURFACEBITUMINOUS SURFACEACCESS EASEMENT OVER THE WEST 20 FEET OF THESOUTH 294.55 FEET OF THE SOUTHWEST QUARTER,PER DOC. NO. 266394945944943942946947948949950951952947 945944944 945 944943942943 944945944946947947B-04B-03B-02B-01B-05B-06B-07B-08BITUMINOUSBITUMINOUS94794894995095195295 3 953954955954946945950951950952953958 957956 960 961960957 BUILDINGHOUSEBUILDING170TH STREET EASTBENCHMARK -CONTROL MON.=954.81EXIST. SAN MHTC=956.1INV=940.3Kiehm Construction, Inc.8415 220th Street WestLakeville, MN 55044952-469-5600TOPOGRAPHIC SURVEYAND SITE REMOVALSPL 170TH STREET, LLCPRIOR LAKE, MNPROPERTY DESCRIPTION:The south 1391.13 feet of the west half of the Southwest Quarter of Section 6, Township114, Range 21, Scott County, Minnesota, lying west of the east 366 feet thereof, Exceptthe west 375.75 feet of the east 741.75 feet of the south 1391.13 feet of the west half ofthe Southwest Quarter of Section 6, Township 114, Range 21, Scott County, Minnesota.FUTURE REVEREEXTENSIONREMOVE BITUMINOUS PAVEMENTNORTH OF THIS POINTREMOVE STRUCTURESREMOVE OVERHEADPOWER AND POLESREMOVE BRUSH AND TREESSEAL AND CAP WELLPAVEMENTREMOVAL LIMITES(HATCHED AREA)PAVEMENT TOREMAIN MB960.29CULVERT 10''957.91CULVERT 10''954.81CULVERT 10''954.69MB958.07GUY WIRE957.07GUY WIRE957.06GUY WIRE957.26GUY WIRE957.36GUY WIRE956.84FES 15955.89FES 15956.65FES 15956.69SANINV940.3TNHRW B 957.6 RW 957.2 RW 957.2RW E 956.7 RW B 955.3 RW 955.1 RW E 955.9 ACCESS EASEMENT OVER THE WEST 20 FEET OF THESOUTH 294.55 FEET OF THE SOUTHWEST QUARTER,PER DOC. NO. 26639420' GATE6' DECORATIVE FENCEBITUMINOUSBITUMINOUSVALLEY GUTTER AT 0.40% SLOPEVALLEY GUTTER AT 0.40% SLOPE170TH STREET EAST6' HIGH CHAIN LINK FENCE ONPROPERTY LINE5OUTLOT ALOT 1BLOCK 1DRAINAGE AND UTILITY EASEMENTEXIST. SAN MHTC=956.1INV=940.332.150.0 50.0 50.0 50.0 30.030.057.2 37.2 41.9DRAINAGE AND UTILITY EASEMENT5 PARALLEL PARKING STALLS6' HIGH CHAIN LINK FENCE ONPROPERTY LINE AROUND BASINSEXISTING PAVEDENTRANCE TO REMAIN6' DECORATIVE FENCEREPAIR DRIVE AND REPLACECULVERT AFTER UTILITYINSTALLATIONB612 CURBB612 CURBB612 CURBB612 CURB20' SLIDING GATEVEHICLE TURNING MOVEMENT30.6BEGIN CURBEND CURBEND CURBKiehm Construction, Inc.8415 220th Street WestLakeville, MN 55044952-469-5600SITE LAYOUT PLANPL 170TH STREET, LLCPRIOR LAKE, MN MB 960.29 PP 963.13 PP 961.04 CP 961.81 POST 960.97 POST 960.28 CULVERT 10'' 957.91 CULVERT 10'' 954.81 CULVERT 10'' 954.69POST 957.60POST957.74MB 958.07 CP 950.52 CP 950.64 GUY WIRE 957.07GUY WIRE 957.06GUY WIRE 957.26 GUY WIRE 957.36 GUY WIRE 956.84 CP 952.50 CP 948.92 CP 952.50 CP 948.92 FES 15 955.18 FES 15 955.89 FES 15 956.65 FES 15 956.69 9609599589579 5 6 95 9 9629619609599 5 8 9589599609 5 7 9 5 8 959 96 0 96 1 96 2 SAN INV 940.3 TNH CP CP POST POST POST POSTPOST RW B957.6RW957.2RW957.2RW E956.7RW B955.3RW955.1RW E955.9952 951950951952 95 3 954 9 5 2 9 5 1 9 5 0 9 4 9 949 9 5 0 951 9 5 2 953 95 4 95 5 955 956 957949 950948947 94 7 94 8 94 9 95 0 951 952 953 949948947946945944 943 943 944 945 946 946 947 948 948 947 946 945 944944945946 94 5 945 944943 943 944 94 5 946 947943 942 941 9599589579569549539529519619609599589579569569579589 5 7 962957956955956957958959959959958957956955960960959958957956ACCESS EASEMENT OVER THE WEST 20 FEET OF THE SOUTH 294.55 FEET OF THE SOUTHWEST QUARTER, PER DOC. NO. 266394 20' GATE FF=955.0 FF=955.0 FF=954.5FF=954.0FF=953.5FF=953.0FF=952.5FF=952.0FF=951.5 955.0950.5FF=954.5FF=954.0FF=953.5FF=953.0FF=952.5FF=952.0FF=951.5 FF=951.5 FF=952.0 FF=952.5 FF=953.0 FF=953.5 FF=954 FF=954.5 FF=955.0 954.2955.0950.2954.5950.2950.5950.8950.86' DECORATIVE FENCE EXIST. GRADE AT PROPERTY LINE = 942.5 945 944 943 942 946 947 948949950951952947 945 944 944945944 943942 943944 945 944 946 947 947SHALLOW WETLAND BOTT. = 941.0 HWL=944.4 NWL=943.0 WETLAND BOTT. = 940.0 NWL=943.0 HWL=946.1 DETENTION/SEDIMENTATION BASIN BOTTOM = 938.0 NWL=943.0 HWL=946.5 FE=943.0FE=942.5 FE=943.0 B-04 B-03 B-02 B-01 B-05 B-06 B-07 B-08 BITUMINOUS BITUMINOUS SKIMMER STRUCTURE OVERFLOW=948.0 15" INV=943.0 FE=943.0 12" CULVERT 12" CULVERT TOP OF DETENTION BASIN=948.5 TOP OF INFILTRATION BASIN=945.0 9479489499509519 5 2 953953 954 95 5 9 5 4 946945 950 9519 5 0 952 95 3 9589579 5 6 960961960957 TOP OF WETLAND BASIN=948.5 VALLEY GUTTER AT 0.40% SLOPE VALLEY GUTTER AT 0.40% SLOPE 170TH STREET EASTFE=943.0 6' HIGH CHAIN LINK FENCE ON PROPERTY LINE FE=943.0 5 OUTLOT A LOT 1 BLOCK 1 DRAINAGE AND UTILITY EASEMENT BENCHMARK - CONTROL MON.=954.81 EXIST. SAN MH TC=956.1 INV=940.3952.5952.0950.0953.5951.0949.741.9 954.3954.6954.3955.0954.7954.8954.0953.0B612 CURB AT 0.46% SLOPE DRAINAGE AND UTILITY EASEMENT FE=943.0 FE=942.0 5 PARALLEL PARKING STALLS 6' HIGH CHAIN LINK FENCE ON PROPERTY LINE AROUND BASINS EXISTING PAVED ENTRANCE TO REMAIN 6' DECORATIVE FENCE SILT FENCE ALONG PROPERTY LINES 5 C.Y. RIP-RAP 5 C.Y. RIP-RAP 4 C.Y. RIP-RAP 3 C.Y. RIP-RAP REPAIR DRIVE AND REPLACE CULVERT AFTER UTILITY INSTALLATION B612 CURB B612 CURB B612 CURB B612 CURB ALL SLOPES AROUND PONDS AND WETLANDS ARE 3:1 OR LESS EOF=947.5 EOF=947.5 EOF=946.5 BASIN TO BE EXCAVATED FOR TEMPORARY SEDIMENT BASIN DURING MASS GRADING THE ENTIRE SITE WITHIN THE PROPERTY LINE WILL BE CLEARED OF ALL VEGETATION AND RE-GRADED. FUTURE CONTOURS WHEN 170TH STREET IS UPGRADED EOF=950.7 EOF=950.7 EOF=950.2 BEGIN CURB END CURB END CURB Kiehm Construction, Inc. 8415 220th Street West Lakeville, MN 55044 952-469-5600 GRADING AND DRAINAGE PLAN PL 170TH STREET, LLC PRIOR LAKE, MN SITE DISCHARGE: DESIGN OF STORM DRAINAGE SYSTEM IS TO DRASTICALLY LOWER POST FLOWS: EXISTING FLOW PROPOSED FLOW HWL (RETENTION)HWL (WETLAND)HWL (SHALLOW WETLAND) 2-YR 3.13 CFS 1.31 CFS 10-YR 8.89 CFS 2.06 CFS 100-YR 27.04 CFS 3.17 CFS 946.5 946.1 944.4 FUTURE REVERE EXTENSION MB 960.29 PP 963.13 PP 961.04 CP 961.81 POST 960.97 POST 960.28 CULVERT 10'' 957.91 CULVERT 10'' 954.81 CULVERT 10'' 954.69POST 957.60POST957.74MB 958.07 CP 950.52 CP 950.64 GUY WIRE 957.07GUY WIRE 957.06GUY WIRE 957.26 GUY WIRE 957.36 GUY WIRE 956.84 CP 952.50 CP 948.92 CP 952.50 CP 948.92 FES 15 955.18 FES 15 955.89 FES 15 956.65 FES 15 956.69 9609599589579 5 6 95 9 9629619609599 5 8 9589599609 5 7 9 5 8 959 96 0 96 1 96 2 SAN INV 940.3 TNH CP CP POST POST POST POSTPOST RW B957.6RW957.2RW957.2RW E956.7RW B955.3RW955.1RW E955.9952 951950951952 95 3 954 9 5 2 9 5 1 9 5 0 9 4 9 949 9 5 0 951 9 5 2 953 95 4 95 5 955 956 957949 950948947 94 7 94 8 94 9 95 0 951 952 953 949948947946945944 943 943 944 945 946 946 947 948 948 947 946 945 944944945946 94 5 945 944943 943 944 94 5 946 947943 942 941 9599589579569549539529519619609599589579569569579589 5 7 962957956955956957958959959959958957956955960960959958957956ACCESS EASEMENT OVER THE WEST 20 FEET OF THE SOUTH 294.55 FEET OF THE SOUTHWEST QUARTER, PER DOC. NO. 266394 20' GATE FF=955.0 FF=955.0 FF=954.5FF=954.0FF=953.5FF=953.0FF=952.5FF=952.0FF=951.5 955.0950.5FF=954.5FF=954.0FF=953.5FF=953.0FF=952.5FF=952.0FF=951.5 FF=951.5 FF=952.0 FF=952.5 FF=953.0 FF=953.5 FF=954 FF=954.5 FF=955.0 954.2955.0950.2954.5950.2950.5950.8950.86' DECORATIVE FENCE EXIST. GRADE AT PROPERTY LINE = 942.5 945 944 943 942 946 947 948949950951952947 945 944 944945944 943942 943944 945 944 946 947 947SHALLOW WETLAND BOTT. = 941.0 HWL=944.6 NWL=943.0 INFIL. BASIN BOTT. = 945.0 HWL=947.5 DETENTION/SEDIMENTATION BASIN BOTTOM = 938.0 NWL=945.0 HWL=947.9 FE=943.0FE=942.5 FE=945.0 B-04 B-03 B-02 B-01 B-05 B-06 B-07 B-08 BITUMINOUS BITUMINOUS SKIMMER STRUCTURE OVERFLOW=948.0 24" INV=944.0 18" CULVERT TOP OF DETENTION BASIN=948.5 TOP OF INFILTRATION BASIN=945.0 9479489499509519 5 2 953953 954 95 5 9 5 4 946945 950 9519 5 0 952 95 3 9589579 5 6 960961960957 TOP OF WETLAND BASIN=948.5 VALLEY GUTTER AT 0.40% SLOPE VALLEY GUTTER AT 0.40% SLOPE 170TH STREET EAST6' HIGH CHAIN LINK FENCE ON PROPERTY LINE FE=945.0 5 OUTLOT A LOT 1 BLOCK 1 DRAINAGE AND UTILITY EASEMENT BENCHMARK - CONTROL MON.=954.81 EXIST. SAN MH TC=956.1 INV=940.3952.5952.0950.0953.5951.0949.741.9 954.3954.6954.3955.0954.7954.8954.0953.0B612 CURB AT 0.46% SLOPE DRAINAGE AND UTILITY EASEMENT FE=945.0 FE=943.0 5 PARALLEL PARKING STALLS 6' HIGH CHAIN LINK FENCE ON PROPERTY LINE AROUND BASINS EXISTING PAVED ENTRANCE TO REMAIN 6' DECORATIVE FENCE SILT FENCE ALONG PROPERTY LINES 5 C.Y. RIP-RAP 5 C.Y. RIP-RAP 4 C.Y. RIP-RAP REPAIR DRIVE AND REPLACE CULVERT AFTER UTILITY INSTALLATION B612 CURB B612 CURB B612 CURB B612 CURB ALL SLOPES AROUND PONDS AND WETLANDS ARE 3:1 OR LESS EOF=948.0 RIP-RAP OVERFLOW = 947.0 EOF=946.5 BASIN TO BE EXCAVATED FOR TEMPORARY SEDIMENT BASIN DURING MASS GRADING THE ENTIRE SITE WITHIN THE PROPERTY LINE WILL BE CLEARED OF ALL VEGETATION AND RE-GRADED. FUTURE CONTOURS WHEN 170TH STREET IS UPGRADED EOF=950.7 EOF=950.7 EOF=950.2 BEGIN CURB END CURB END CURB DTDTDTDTDTDTDTDTDTDTDTDTDTDTDTDTDTDTDTDTDTDT TOP OF INFILTRATION BASIN=948.5 INFILTRATION BASIN TO HAVE 3' OF AMENDED SOIL (70% SAND/30% COMPOST) Kiehm Construction, Inc. 8415 220th Street West Lakeville, MN 55044 952-469-5600 GRADING AND DRAINAGE PLAN PL 170TH STREET, LLC PRIOR LAKE, MN SITE DISCHARGE: DESIGN OF STORM DRAINAGE SYSTEM IS TO DRASTICALLY LOWER POST FLOWS AND VOLUME: EXISTING FLOW PROPOSED FLOW HWL (RETENTION)HWL (INFILTRATION)HWL (SHALLOW WETLAND) 2-YR 3.13 CFS 0.21 CFS 10-YR 8.89 CFS 0.66 CFS 100-YR 27.04 CFS 7.12 CFS 947.9 947.5 944.6 FUTURE REVERE EXTENSION L:\21 FILES\21 SUBDIVISIONS\PRELIMINARY PLAT\6010 170th Street PDEV21-000002\01 PC Report 09.27.21\6010 170th Street Report_Attach5.docx 701 XENIA AVENUE S | SUITE 300 | MINNEAPOLIS, MN | 55416 | 763.541.4800 | WSBENG.COM Memorandum To: Nick Monserud, Project Engineer Pete Young, Water Resources Engineer From: Kris Keller, Dustin Simonson, Laura Kivisto - WSB Date: September 16, 2021 Re: PL 170th Street City Project No. DEV21-000007 WSB Project No. 10704-000 We have reviewed the updated preliminary plat documents submitted for the PL 170th Street site dated September 13, 2021 as prepared by Jacobson Engineering and Surveyors. The following documents were received: • 220049 CIVIL SET 9121.pdf • HYDROCAD REPORT 9121.pdf • DRAINAGE NARRATIVE 9121.pdf Comments are provided within this Memorandum and in the corresponding redlined plan set. Please note that not all comments within the plan set are in the Memorandum. We have the following comments with regards to stormwater management and engineering. General 1. Submit for and provide copies to the City of all required permits from regulatory agencies (MCES, Minnesota Pollution Control Agency, Minnesota Department of Health, NPDES, etc.) Applicant acknowledged 2. An NPDES permit is required as the site exceeds 1 acre of disturbance Applicant acknowledged Plat 1. Additional right of way and easements may be necessary as part of the 170th Street reconstruction project which may impact the extents of the proposed site and parking area on the south side. a. The City will provide additional information regarding needed right of way and easements when it is known later this month. i. Provide temporary construction easement abutting 170th Street/Credit River Road to accommodate proposed grading b. Additional discussions may be needed regarding the elevation of the site and how it will match into the proposed 170th Street project profile and cross sections at that time. PL 170th Street September 16, 2021 Page 2 Stormwater Management Abstraction volume credits may not be claimed from the wetlands as currently designed. Reasons include the presence of D soils and a depth from the bottom of the basins to the outlet elevation that exceeds 1-foot and would therefore not draw down within 48-hours as required for soils with an infiltration rate of 0.25 in/hr. 1. Rate Control a. Adherence to the rate control requirement may not be verified until all drainage area and modeling comments are completed. 2. Volume Control a. Because this area is tributary to landlocked Markley Lake, the following restricted volume control is required for that tributary area: i. Volume shall be reduced in the proposed conditions by a volume equal to or greater than 1.0 inches over all new impervious surfaces. 1. Can claim volume reduction credit for the approximate 29,475 cubic feet of impervious surface area routed to the proposed basins. Routing the impervious area on the east side of the site to the basins is recommended to meet the volume control requirement. ii. Extended duration detention is required such that the volume discharging offsite in the proposed condition not exceed the volume discharging offsite in the existing conditions in the 24-hour period following the peak of the 100-year, 24-hour rainfall event. iii. The City of Prior Lake design manual states that constructed wetlands may be used to abstract volume. The applicant must work with the City to determine the amount of volume control credit to be applied. 1. Requirements and recommendations laid out in the Minnesota Stormwater Manual shall be followed. iv. Provide documentation of all modeling and credits claimed. 3. Water Quality a. Provide modeling to show that the ponds and wetlands will result in a 60% reduction in TP and a 90% reduction in TSS from the proposed development area draining to the pond. 4. Drainage Areas a. Update the drainage area maps to include the additional offsite drainage from the east and west that enters the site. b. The eastern building and impervious area will drain east and off the site. Modify the drainage areas to reflect this. Consider adding storm sewer to pick up the water and route it to the detention basin. c. Will additional drainage be routed to the 27” pipe on the south end of the site in the future? Clarify the use of a stub and ensure all future proposed drainage is considered. 5. HydroCAD Modeling PL 170th Street September 16, 2021 Page 3 a. Update the areas to reflect the drainage area map updates. b. The total modeled existing drainage area must be equal to the proposed modeled drainage area for an accurate comparison. c. The minimum allowable time of concentration value is 7 minutes (update 2P). d. The net new impervious area in the modeling (proposed minus existing) is 8.3 acres which is different from the value listed in the stormwater management report. Modify the modeling and stormwater management report to have a consistent net new impervious area value. e. Modify the outlet pipe from the detention pond to match the pipe size, slope, and length shown in the plans. f. Modify the outlet pipe from the wetland to match the pipe size, slope, and length shown in the plans. g. The starting elevations of the wetland and shallow wetland must be set at the outlet pipe elevations because the basins will function as ponds with dead storage (unless soil amendments are provided to facilitate infiltration and the basins can drawdown within 48-hours to function as an infiltration or filtration basin). h. Ensure that the HWL does not exceed the provided storage in the HydroCAD model. i. Account for the preexisting swale through the site in the existing conditions model. j. Exfiltration from the HydroCAD model shall be routed downstream and not discarded from the system because drain tile is proposed. 6. Basin Design a. Provide Walker calculations to show that the basin has been designed with an adequate permanent pool volume (Public Works Design Manual, Section 7). b. A 10-foot wide aquatic bench with a slope of 10:1 is required below the outlet elevation of the pond. Provide cross section details to illustrate. c. The top of the berm must be 2 feet higher than the 100 -year HWL and must be modified for the basins. d. The EOF elevations must be 1 foot higher than the 100-year HWL of the basin. e. Provide pond cross section details. f. Outlet control structures are required from ponding areas. Add an outlet control structure to the filtration basin to control the HWL elevation and provide a point of connection for the drain tile and outlet pipe. g. Label the size, slope, and elevation of the drain tile. h. Provide rip rap at all pond outlet pipe locations. i. Provide a final stabilization and planting plan for the basins /site. 7. General Drainage a. The maximum allowable length of a drainage swale is 200-feet. Modify site to meet requirements. b. Define maintenance access routes to all stormwater infrastructure and ponding areas (maximum grade of 8%, maximum 2% cross slope, minimum of 10’ wide). 8. Freeboard a. Low openings shall be 2 feet above the EOFs. General Comments 1. Show wetland buffer, buffer signage, and tree preservation signage on the grading plan. [PWDM PII.2.18] Grading PL 170th Street September 16, 2021 Page 4 1. Provide inlet or rim elevations for all catch basins on grading plan a. Provide associated EOFs 2. Verify drainage on the southern side of the westernmost building (955.0 to 955.0) a. Modify spot elevations as necessary 3. Note EOFs for the northern curbline catch basins will overflow to each other first before overflowing the curb of the westernmost catch basin. Utilities 1. Maintenance agreements between the property owner and the City will need to be provided that define the ownership and responsibilities of the utility services from the utility mains to the buildings. a. Owner would be responsible for the sanitary sewer service from the connection with SAN MH-S1 and for the water service from the connection with the 8” gate valve in the front drainage and utility easement. 2. Provide why the bulkheaded 15” storm sewer pipe in the eastern aisle is not terminated at the same point as the bulkheaded 27” storm sewer pipe in the center aisle. The 15” pipe is terminated at the last storm lead while the 27” is extended to the southern curb line before being bulkheaded. a. Consider using CBs or cleanouts for access, maintenance, and flushing of proposed storm sewer pipes 3. Fire official to review revised hydrant spacing for fire coverage of the buildings. a. Provide additional hydrants (maximum 300’ spacing for commercial) 4. The nearest soil boring (B-08) reports groundwater at ~944. Public sanitary sewer is proposed to be installed from around 940 to 941. a. Dewatering may be necessary and will need to follow the requirements of any water appropriation permits from the DNR. Applicant acknowledged 5. Provide all invert elevations to MH-S1 a. Label stub pipe in profile b. Label invert and plug end of stub in profile Roadway/Parking Area 1. Fire official to review revised emergency access. a. Provide turning movements for southeast corner of site. b. Show how vehicles can achieve a counter-clockwise turning direction after entering the site to be able to exit. i. The vehicle turning movement provided entering the gate does not match the type of vehicle shown in turning movements around the buildings ii. Applicant indicated that any large vehicle will have to traverse the site and exit from north going south PL 170th Street September 16, 2021 Page 5 2. Label all curb beginnings/ends on the plan a. Provide where D412 (surmountable) curb is used on the plan or remove detail 3. Identify areas of proposed/replaced bituminous and existing bituminous to remai n due to site and utility construction. a. Show full pavement removals on Site Removals Sheet (C-1) and limits on utility sheets. The full width of the road will need to be removed where disturbed. b. Update areas of existing bituminous to remain based on the additional areas to be removed due to utility installation. c. Street restoration in the 170th Street right of way will need to match the existing street section. d. Note, the geotechnical report recommends 10” aggregate base under 4” bituminous for the pavement design. The proposed bituminous pavement section has 8” aggregate base under 4”. 4. Note, typical sliding gates are 1.5 times the span they are blocking and require additional anchored posts to support the gate in the fully opened and closed positio ns causing potential conflicts with turning movements and traffic flow. Applicant acknowledged 5. Include concrete area around buildings and existing sanitary facilities as part of removals. SWPPP 1. Include the location of the following BMPs on the ESC plan: a. Inlet protection b. Rock construction entrance c. Perimeter control around basins Wetland 1. The development has an approved wetland delineation boundary. Based on the approved wetland delineation, the site has type 2 and 3 wetlands present within OUTLOT A. Wetlands also occur within the building site. Wetland alteration within OUTLOT A, including but not limited to grading and/or additional water will need to be approved under WCA. Wetland impacts will need to be approved under WCA prior to impacts. a. Applicant indicated that this was in process. At this time, no application has been received by the City as the LGU. The City will need to see a proposed wetland impact application that can reasonably meet WCA requirements prior to approving any overall site, grading or utility plans. 2. 7/16/21 Wetland Meeting Notes/Comments a. Meeting Attendees: Tony Kaster (Wenck/Stantec), Garry Tupy, Marty Keihm (Keihm Construction), Collin Schonecker (SWCD), Pete Young (City of Prior Lake), Nick Monserud (City of Prior Lake), Alison Harwood (WSB) b. Purpose of Project: i. Provide economic development opportunities in area ii. Provide flood storage benefit PL 170th Street September 16, 2021 Page 6 1. Data provided does not show that there is any flood reduction benefit – no volume data provided. c. Sequencing flexibility request i. Not supported for this project as a whole 1. Wetlands are not degraded enough. 2. Future offsite development can’t be assumed to substantially degrade the wetlands – parcel to east no longer available for annexation to City of Prior Lake; any future offsite development would also need to provide sequencing for wetlands. 3. May be able to request sequencing flexibility for individual wetlands in the site – provide more information to support request. d. No Loss requests i. Not applicable for wetland #3 – swale being created through the wetland, which will remove hydrology. ii. Provide more information to support the No Loss request for wetland #1 1. Proposal shows this area as an infiltration basin. How will hydrology be maintained? 2. How will area be restored (provide exhibit) 3. How will area be maintained into the future to ensure the functions/values are improved over the current conditions? 4. Meeting from December 2020 discussed regional stormwater BMPs, providing benefit to this site and also accounting for stormwater from surrounding areas – this current proposal is site-specific. Below were the TEP comments from December 2020 with regard to applicability of the No Loss: a. Excavation is allowed in Type 2, 5, and the semi- permanently flooded areas of Type 3. b. Pretreatment would be required for it to fall into the No Loss category (2-cell system) c. Still need to show avoidance/minimization d. Design should also include elements that would make it more natural (gradual slopes, undulating bottom, native seeding, etc.) 5. Avoidance/minimization has not been shown – the plan involves the grading of the entire wetland. e. Consider offsite impacts i. Will there be secondary impacts to the offsite portions of Wetlands 1, 3, or 4? If so, those areas need to be mitigated for. ii. Show those areas on impact exhibit and provide a discussion. f. Provide alternatives that reduce impacts/impact minimization efforts: PL 170th Street September 16, 2021 Page 7 i. Can sedimentation basin/unit layout be revised to avoid or minimize impacts to wetland #2? ii. Can infiltration methods be provided in an alternative location to minimize impacts to wetland #1? Infiltration will not be allowed on type D soils within existing wetlands – this comment has been provided multiple times during our engineering review. Find a more suitable location for infiltration BMPs on the site. City will work with applicant/engineer to look at alternatives to meet stormwater requirements. g. Next steps: i. Provide additional information to TEP related to the items discussed above: 1. Flood reduction benefit a. Volume requirements need to be met as it relates to stormwater design. Unless the proposed design is going above and beyond the stormwater requirements, this is not a benefit. b. Rate control reduction is not a flood reduction benefit. 2. Inclusion of No Loss impacts in purchased mitigation calculation 3. Provide more information regarding the applicability of the No Loss for wetland 1, or if not feasible add those impacts to purchased mitigation calculation 4. Account for offsite impacts or provide data supporting that offsite impacts will not occur (wetlands 1, 3, and 4) 5. Avoidance/impact minimization alternatives ii. City will notice the application (expected week of 7/19) 1. Note: replacement plans require Council approval Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com Memo The Community Development Department has reviewed the Preliminary Plat and PUD plans for the subject project with a Professional Engineer and Land Surveyor signature date of July 12, 2021 and we have the following comments. General ➢ Development Fees – The following development fees, based on a total net acreage of 10.06 acres, are to be collected prior to recording of any approved 2021 final plat application: o Park Dedication ($9,000/net acre) = $90,540 o Trunk Water ($3,840/net acre) = $38,630.40 o Trunk Sanitary Sewer ($4,700/net acre) = $47,282 o Trunk Storm Sewer ($8,615/net acre) = $86,666.90 o 6% administrative fee and 8% construction observation escrow amounts are unknown currently. These costs will be based on public construction costs (which include landscaping, streets, public trails, and public utilities) ➢ Warranty Deeds – Submit draft warranty deeds for any future public ownership Outlots with Final Plat application. Preliminary Plat / PUD Plan ➢ Zoning Modifications – Applicant requested PUD zoning modification to the typical I-1, General Industrial zoning requirement in the following area: o Building setback adjacent to residentially zoned property: ▪ Minimum required – 60 feet ▪ Minimum proposed – 20 feet ➢ Self-Service Storage is a use permitted with conditions in the I -1, General Industrial district. Conditions include: a. No compartment doors shall be allowed on a building façade which faces property in a residential zoning district. b. No areas on site shall be utilized as residential living units c. Maximum building height shall be two (2) stories or 35 feet, whichever is less. d. If the proposed building(s) are within 100 feet of an abutting property which is used or zoned residential, a minimum six (6) foot tall fence, wall, or berm shall screen the buildings from the adjacent residential use. Screening shall be 100% opacity in the form of a fence, wall, or berm along any area visible from any property in a residential Zoning District. Privacy slats, wind screening or other fence inserts, commonly used with chain link fencing, shall not be used to achieve this screening requirement. Date: August 5, 2021 To: Kiehm Construction, Inc. - Marty Kiehm, Pat Pollard From: Casey McCabe, Community Development Director Subject: 6010 170th Street East Preliminary Plat, PUD, and Rezoning City Project #PDEV21-000002 e. No outdoor storage is permitted on site, including but not limited to vehicles, recreational vehicles, portable storage units, and construction materials. f. No storage of hazardous, explosive, of flammable materials is permitted. g. No servicing of motor vehicles, boats, lawn mowers, or similar equipment is permitted on site. h. Amplified music/sound, auctions, wholesale, retail sales and garage sales are not permitted. i. Exterior materials shall be in accordance with the design requirements of the Zoning Code. Building colors shall consist of subtle, neutral, muted colors with low reflectance which complement the principal materials. No more than five (5) percent of each building façade can consist of bright or franchise colors. j. All self-service storage facility buildings must be located a minimum of 300 feet from a state highway or county-state aid highway. Grading Plan • The developer shall obtain a grading permit from the City Engineering Department prior to any grading or tree removal on the site. The developer shall address all grading, stormwater and wetland comments in the July 19, 2021 City Engineering & Public Works Department Memorandum to the satisfaction of the City Engineer prior to any site work or issuance of a grading permit for the property. • Proposed pavement within drainage and utility easement on west side of the property will need to be further evaluated related to parking setback and drainage path. Tree Preservation / Landscape Plan ➢ A landscaping plan, which conforms to Section 1145.300 (Landscaping and Screening) of Prior Lake City Code shall be prepared and certified by a registered landscape architect and submitted with the Final Plat and Final PUD application. ➢ A Tree Preservation and Restoration Plan, which conforms to Section 1145.500 (Tree Preservation and Restoration) of Prior Lake City Code shall be prepared and submitted with the Final Plat and Final PUD application. Building Elevations ➢ Building design and materials will need to conform with Multi-Family, Commercial and Industrial Standards in Subsection 1144.200 of Prior Lake City Code.