Kenyon City Council, February 13, 2024

The meeting opened with the Pledge of Allegiance.

Citizen Comment

Adopt Agenda

Addition: / X / Old Business / B / Request to amend Zoning Ordinance to allow apartments on the rear ½ of the first floor of buildings in the C-1 district. –Zoning Ordinance Section 515.15 Subd. 3

Consent Agenda

Presentations / Public Hearings / Recognitions / Prolamations

Police Chief Sjoblom read the "School Bus Driver Appreciation Day" proclamation.

Engineering

2024 Asphalt Rejuvenator Project Engineer Olinger stated that one quote from Corrective Asphalt Materials was received for the 2024 asphalt rejuvenator project. The quote was lower than the engineer's estimate.

Parks Board Discussion – Depot Park

City Engineer Olinger stated that the park board is working on prioritizing the improvements to Depot Park. Once that is completed, a funding plan will be created. A trail committee has been established. The first meeting will be on Tuesday, February 27th.

Legal

Old Business

Discuss Status of Payroll Processing Service

Finance director Kyllo provided an update on the payroll processing with Paycom. There continue to be issues with their service. Other payroll options are being explored.

Request to amend Zoning Ordinance to allow apartments on the rear ½ of the first floor of buildings in the C-1 district. –Zoning Ordinance Section 515.15 Subd. 3 a) - Stephanie Brezina Administrator Vahlsing stated that this item was tabled last month. Stephanie Brezina explained the plan for the building she owns. Vahlsing stated the ordinance could be revised to require a conditional use permit which would be issued on a case-by-case basis with a public hearing being held for each case. 7

Schedule Spring Clean-Up Day April 13 or 27

Administrator Vahlsing stated that the Park Board requested that the Council check out holding a Spring Clean-up Day in April. Flom Disposal indicated that they would participate in the clean-up day again this year. Kim Helgeson is willing to work that day.

Purchase Lawn Mower – Wayne Ehrich – Public Works Superintendent

Director Ehrich stated that two quotes were received to replace the 72" Cub Cadet mower. The quotes varied in price by approximately $2,500. The mower purchase is on a three-year rotation schedule and was included in the 2024 budget.

Review Quotes for replacement of Council Room Sound System

Administrator Vahlsing stated that two quotes were obtained to replace the sound system in the council room. Sim Sound at $17,026.29 and EPA Audio Visual at $23,246.00.

Update Personnel Policy - Grievance Policy

Administrator Vahlsing recommended adopting a new grievance policy. The policy will be reviewed by the personnel committee, then presented at a council work session.

Review 2024 Pool Rates

Administrator Vahlsing stated that he and Pool Manager Brandi Kyllo looked at the pool rates and recommended increases for the upcoming season.

Approve Transfer of Park & Rec 5K Run Remaining Funds of $4,594.59 as of January 31, 2024 to Park & Rec Depot Park Fund Administrator Vahlsing stated that the Park and Rec Committee had approved transferring the remaining 5K Run Funds to the Depot Park Fund.

Approve Transfer of Park & Rec Carriage & Cutter Remaining Funds of $2,750.41 as of January

31, 2024 to Park & Rec Depot Park Fund Administrator Vahlsing stated that the Park and Rec Committee had approved transferring the remaining Carriage and Cutter Funds to the Depot Park Fund.

Fire Relief Association Request for Approval of Raffle at Hall in 2024 Resolution 2024-06: Approving the Lawful Gambling Premises Permit Application for the Kenyon Firemen's Relief Association to Conduct Lawful Gambling at the Kenyon Fire Hall Located at 620 Centennial Drive, Kenyon, Mn 55946

Muni Furnace Replacement Quotes

Administrator Vahlsing stated that the Liquor Store manager requested council approval to replace the HVAC and Mini Split Systems. Two quotes were received. Action Plumbing and Heating quoted $11,485 for the heating and air conditioning and Luikens quoted $6,995 for the mini split. The 2023 budget included $10,000 for the mini-slit and the 2024 budget included $10,000 for the HVAC.

Fire Department 2024 Freightliner Chassis Quotes

Attorney Sathe pulled this item from the agenda due to not following the public bidding rule. Mayor Henke tabled this item.

Schedule of Upcoming Meetings

KMU Meeting: Tuesday, February 20th @ 4:00 p.m. Trail Committee – Tuesday February 27, 2024 @ 5:00 pm City Council Meeting: Tuesday, March 12th @ 7 p.m.

Council And Staff General Comments

Council Member Sjolander stated that the city has amazing staff. He commended Mr. Ehrich for doing a wonderful job with what he has to work with, thanked Officer Homeier for delivering a message to him, thanked KMU for their work, and thanked Mr. Bartel for doing a good job with pricing and stocking in the Muni.

Council Members Helgeson noted that Park and Rec are sponsoring a "Paint and Sip" on Friday, March 8.

Mayor Henke stated he doesn't understand the meaning of the new state flag except for the star. He stated that other cities are looking at running the cannabis business in the city, maybe this is something we could look into then we would have control and be making the money.

Holli Gudknecht, Administrative Assistant Douglas Henke, Mayor

9 10 AGENDA ITEM NO. VI.A

Agenda Item Summary

CITY COUNCIL AGENDA ITEM REPORT

DATE: March 12, 2024

SUBMITTED BY: Holli Gudknecht, Administration

ITEM TYPE: Miscellaneous

Agenda Section: Presentations / Public Hearings

RECOGNITIONS/PROCLAMATIONS

SUBJECT: KW School's Habitat for Humanity House – Superintendent

Beth Giese

SUGGESTED ACTION: Superintendent Beth Giese will provide an update on a Habitat for

Humanity house project that the High Scholl will be constructing. The house would be located in the Countryside Meadows development south of the high School.

Attachments:

AGENDA ITEM NO. VI.B

Agenda Item Summary

CITY COUNCIL AGENDA ITEM REPORT

DATE: March 12, 2024

SUBMITTED BY: Holli Gudknecht, Administration

ITEM TYPE: Miscellaneous

Agenda Section: Presentations / Public Hearings

RECOGNITIONS/PROCLAMATIONS

SUBJECT: Earl Merchlewitz – Emergency Management Director

SUGGESTED ACTION: The Director of the Goodhue County Emergency Management office

will provide an update on the activities his office has been involved with over the last year.

Attachments:

AGENDA ITEM NO. VII.A

Agenda Item Summary

CITY COUNCIL AGENDA ITEM REPORT

DATE: March 12, 2024

SUBMITTED BY: Holli Gudknecht, Engineering

ITEM TYPE: Engineering

Agenda Section: Engineering

SUBJECT: Trail Committee Summary

SUGGESTED ACTION: The City Engineer will provide an update on the first rail committee meeting. See attached summary below.

Attachments:

02.1_Trail Committee Summary.pdf

Trail Committee Summary

The inaugural meeting for the Kenyon Trail Committee was held on February 27 th.

The focus of the committee will include oversight of the movement to create a citywide network of trails. At this point there are many ideas amongst the group regarding potential trail locations and connection points or type(s) of trails desired. These decisions will not me made for some time.

Before moving on to those details, the committee and other volunteers will begin to post content about a potential trail and will also be gathering community support and feedback. Over this coming spring and summer, these efforts will come in the form of pop-up event stands, surveys and other activities.

CEDA and Bolton & Menk are currently preparing surveys, maps and other informational materials for use over the next year. The next meeting is scheduled for April 9th at 5PM.

The public's involvement is needed. Community members are asked to watch for these engagement activities and participate. Anyone who'd like to be more actively involved with the trail Committee should contact City Hall.

Requested Actions:  None – Information Only

H:\KENYON_CI_MN\_General\Council Meetings\2024\03 Mar 24\02.1_Trail Committee Summary.docx

AGENDA ITEM NO. VII.B

Agenda Item Summary

CITY COUNCIL AGENDA ITEM REPORT

DATE: March 12, 2024

SUBMITTED BY: Holli Gudknecht, Engineering

ITEM TYPE: Engineering

Agenda Section: Engineering

SUBJECT: CSAH 12 Project update.

SUGGESTED ACTION: The City Engineer will provide an update on planning for the CSAH 12 project on east side of Kenyon. See attached memo with more information below.

Attachments:

01.1_CSAH 12 Project Update.pdf

CSAH 12 Project Update

CSAH 12 Project

In this past month, we've been discussing the details of a partnership agreement with the county engineer for the reconstruction of County Road 12. The agreement will define roles and responsibilities as well as cost shares.

We currently plan to have an agreement ready for review and consideration by the April meeting.

On a related note, we also plan to discuss the initial steps for the 2025 reconstruction projects during the April meeting. Initial steps typically include selection of the project area and starting a feasibility study, which is required for special assessments.

Requested Action:  None – Information Only

H:\KENYON_CI_MN\_General\Council Meetings\2024\03 Mar 24\01.1_CSAH 12 Project Update.docx

Page: 2

CSAH 13 Concept Figure

Page: 3

Infrastructure Project Map – as approved August 2022

Projects areas and years subject to Change

AGENDA ITEM NO. VIII.A

Agenda Item Summary

CITY COUNCIL AGENDA ITEM REPORT

DATE: March 12, 2024

SUBMITTED BY: Holli Gudknecht, Legal

ITEM TYPE: Legal

Agenda Section: Legal

SUBJECT: 2024 Agreement with Luis Tellez – Taco Express

SUGGESTED ACTION: Mr. Tellez is again seeking Council approval to lease City owned land east of the Muni to operate a food trailer. A copy of the lease is included is attached below. The proposed rent is $450 for 2024. The City will also request a schedule of when they will be operating the food truck on the City property this year. MOTION NEEDED

Attachments:

DOC030824-002.pdf

19 20 21 22 AGENDA ITEM NO. VIII.B

Agenda Item Summary

CITY COUNCIL AGENDA ITEM REPORT

DATE: March 12, 2024

SUBMITTED BY: Holli Gudknecht, Administration

ITEM TYPE: Legal

Agenda Section: Legal

SUBJECT: Lot Combination – Kevin Maring

1. Resolution 2024-07: Approving Lot Combination (Maring)

SUGGESTED ACTION: Kevn Maring is seeking Council approval of Resolution 2024-07 to

combine two lots 201 and 203 Bergen Street. See attached survey and resolution below. MOTION NEEDED.

Attachments:

Resolution 2024-07 Approving_Lot_Combination_Maring.doc

DOC030824.pdf

Member introduced the following resolution and moved its adoption:

Resolution No. 2024-07

CITY OF KENYON

COUNTY OF GOODHUE STATE OF MINNESOTA

Resolution Granting Approval Of A

LOT COMBINATION FOR KEVIN MARING

WHEREAS, Kevin Maring (collectively the "Applicant") is the fee owner of the properties as legally described and depicted in Exhibit A (collectively, the "Property"); and

WHEREAS, the Applicant has applied to the City to combine the lots constituting the Property into one lot; and

WHEREAS, a Surveyor's Certificate from Rapp Land Surveying has been provided by the

Applicant and placed on record setting forth the legal description for the proposed lot combination, which is attached as Exhibit A; and

WHEREAS, such lot combination can be accomplished as a minor subdivision pursuant to the Kenyon City Code Section 565.17; and

WHEREAS, such lot combination is subject to the requirement that appropriate easements for street right-of-way and utilities are executed and dedicated to the City of Kenyon, if necessary; and

WHEREAS, the City Council, at a meeting, duly held on March 12, 2024, approved said lot combination, subject to the foregoing condition; and

WHEREAS, it appears that it will be in the best interest of the City to approve such lot combination, subject to the conditions noted herein.

NOW THEREFORE, BE IT RESOLVED BY THE city council of the City of Kenyon, that:

1. The above-referenced recitals are incorporated herein to this Resolution as if fully set forth herein.

2. The lot combination is subject to the requirement that appropriate easements for street right-of-way and utilities are executed and dedicated to the City of Kenyon, if necessary in the sole discretion of the City.

3. The requirements for this lot combination pursuant to the Kenyon City Code are satisfied.

4. This Resolution is subject to the condition that the Applicant is in compliance and will be in compliance at all times with all applicable laws, rules, and regulations concerning the Property. A-1 DOCSOPEN\KE200\10\679981.v2-10/9/20 24 5. This resolution is subject to the condition that all representations, written and oral, made by the Applicant and the Applicant's agents and representatives to the City contained in and concerning the application for the lot combination must have been true, complete, and accurate at the time they were made, and they must remain true and accurate for the duration of the lot combination.

6. The approvals contemplated herein are subject to the condition that the Applicant must pay for all costs incurred by the City for consideration and review of the application for the lot combination, including preparation and review of plans and specifications by consultants and all actions taken in the adoption of this resolution.

7. The requested lot combination is hereby approved, subject to the foregoing conditions and one lot is created and one property identification number should be issued for the Property.

8. City staff are authorized to take all necessary further action to implement this Resolution.

Dated: March 12, 2024

___________________________________ Douglas Henke, Mayor ATTEST:

____________________________________ Mark R. Vahlsing, City Administrator

The motion for the adoption of the foregoing resolution was duly seconded by member _________ upon vote being taken thereon, the following voted in favor thereof: all members and the following voted against same: _None_.

Whereupon said resolution was declared duly passed and adopted.

A-2 DOCSOPEN\KE200\10\679981.v2-10/9/20 25 Exhibit A

A-3 DOCSOPEN\KE200\10\679981.v2-10/9/20 26 A-4 DOCSOPEN\KE200\10\679981.v2-10/9/20 27 28 29 AGENDA ITEM NO. X.A

Agenda Item Summary

CITY COUNCIL AGENDA ITEM REPORT

DATE: March 12, 2024

SUBMITTED BY: Holli Gudknecht, Municipal Liquor

ITEM TYPE: Old Business

Agenda Section: Old Business

SUBJECT: Muni Roof Replacement

SUGGESTED ACTION: Update on the Muni roof and flooring replacement. Staff is continuing to gather quotes. We are working toward proceeding with Council approval at the January meeting. The cost would be financed through KMU. Copies of the three quotes gathered so far are attached. Staff would recommend the quote of Chandler Roofing $40,640. MOTION NEEDED

Attachments:

Bid No. 508_Kenyon Municipal Liquor Store Roof Estimate.pdf

Muni Reroof Proposal Schwickerts.pdf7-23.pdf Muni WHV Roof quote 7-23.pdf

PROPOSAL

Date: 2/12/2023 Bid No. 508

City of Kenyon 709 Second Street Kenyon, MN 55946

We are pleased to provide the following proposal for the above referenced project. Please note this proposal assumes the following scope of work and the qualifications/exclusions as noted.

RE: Flat Roof Replacement at Kenyon Municipal Liquor Store

E01 Base Bid: TPO RhinoBond System, (1) Layer Roof Removal, 3,700 Square Feet. Prevailing Wage Rates Not Included

Project Setup

1. Prior to job start, conduct a preconstruction meeting between owner's onsite representative and Chandler Roofing and Construction's supervisor and project manager. Topics to be discussed: a. Safety procedures. As required by OSHA. b. Equipment and material coordination and placement c. Dumpster placement d. Working hours 2. Secure required building permits.

Demolition **Existing roof system consists of the following: PVC roof membrane, 1" EPS Insulation, EPDM roof membrane, wood fiberboard insulation and wood decking. Building code does not allow more than two roof systems. 1. Remove existing PVC membrane plus 1" EPS insulation down to EPDM roof system. a. EPDM roof system to remain. i. Wet roofing found under EPDM roof system will be removed and replaced with insulation to match appropriate height on a time and material basis. Please refer to "unit prices" for pricing. b. Perimeter cap metal to be removed. c. Gutter to be removed and eliminated from new roof layout. d. Downspout to be removed and replaced with new. Security camera will need to be relocated (owner's responsibility).

2411 Goodhue Street • Red Wing, MN 55066 • 651.388.9415 (P) • 651.388.6838 (F) www.chandlerroofingandconstruction.com • MN License #BC685807 • WI License #897172 31 e. Damaged decking will be removed and replaced on a time and material basis. f. Unused penetrations will be removed from roof layout. 2. Haul away all debris and clean to pre-site conditions.

Carpentry 1. On south side of roof section, add wood blocking to accommodate new insulation height. This will eliminate water run off up and over the edge. 2. If necessary, extend pipe penetrations to a minimum height of 12" above new roof system. 3. On north side of roof section, install wood blocking on top side of concrete caps.

Insulation (Roof Deck Sloped)

**MN State Energy code requires a minimum of R-30 or greater when insulation above roof deck. Building currently has an attic so no additional roof top insulation will be required. 1. Furnish and install (1) layer of .5" wood fiberboard insulation. R-Value of 1.35. a. Tapered insulation will be installed on south end to direct water to new scupper drain. This will eliminate ponding water and runoff over the edge. Please refer to roof map. 2. All insulation will be attached with appropriate fasteners and 3" RhinoBond insulation plates. a. Patterns to satisfy manufacture's recommendation. Note: New insulation system NOT WILL meet or exceed MN State Energy Code Requirements of R-30 or greater.

60-mil TPO RhinoBond System 1. Furnish and install new 60-mil reinforced TPO membrane and allow to relax. Membrane to be welded to RhinoBond insulation plates with heat induced machine. 2. All overlaps to be welded a minimum of 2". 3. Furnish and install (1) new spill out scupper on southeast corner of roof section. 4. Furnish and install new TPO preformed pipe boots around sewer stacks. 5. Furnish and install new flashing around HVAC curbs. 6. Furnish and install (3) new whirlybird vents. 7. Flash all outer walls. Membrane to be wrapped up and over edge on all perimeters. 8. Note: TPO Colors: White, light grey and light tan.

Sheet Metal and Trim

1. Furnish and install new cap metal around all perimeters. Includes architectural keeper plus joint covers. a. Counter flashing plus keeper to be installed on north and south side of roof section. 2. Furnish and install new collection box on southeast side of roof section. a. Includes new open face downspout. Spill out location to remain the same. 3. Furnish and install new counter flashing around. 4. All metal to be shop fabricated with 24-gauge prefinished metal. Color to be selected from manufacturer's color chart

2411 Goodhue Street • Red Wing, MN 55066 • 651.388.9415 (P) • 651.388.6838 (F) www.chandlerroofingandconstruction.com • MN License #BC685807 • WI License #897172 32 Qualifications/Exclusions 1. Price includes a (20) year manufacture's "material" warranty and (2) year Chandler Roofing and Construction Contractor's Warranty. a. Manufacturer: Mule Hide Products 2. Coverboard (HD ISO, DensDeck, etc.) excluded. 3. Excludes all HVAC and electrical work. 4. This Proposal/Contract includes all state, county and city sales tax (if applicable) 5. Building permit is included in this proposal and is subject to approval by The City of Kenyon. 6. Lawn or pavement restoration is not included in this proposal. 7. Snow and ice removal are not included in this proposal.

Proposed Price: E01 Base Bid

Mil TPO RhinoBond System, One Roof Removal - The net sum payable for the project as described in the above referenced scope of work and specifications is: $40,640.00 Forty-One Thousand Six Hundred Forty and NO/100 dollars. **Please also note that these prices are based on current pricing. Material (excluding insulation) and labor good for 30 days.

Unit Prices (Work Beyond Scope)

1. In addition to above, time and material rates: a. Labor Rates: $95.00 per man hour. b. Material: Cost plus 20% 2. In addition to above, cost to install TPO walkway pads: $45.00 per linear foot

2411 Goodhue Street • Red Wing, MN 55066 • 651.388.9415 (P) • 651.388.6838 (F) www.chandlerroofingandconstruction.com • MN License #BC685807 • WI License #897172 33 A01 Alternate Bid: 60 Mil TPO Fully Fully Adhered System (Recommended) Prevailing Wage Rates Not Included

Alternative 1. In lieu of installing RhinoBond Roof System, install Fully Adhered System. All scopes to remain the same except: a. TPO membrane will be directly glued to the new insulation vs. membrane attachment to the RhinoBond insulation plates. Comment: Pros: Fully adhered systems have a better wind uplift vs. mechanically attached systems. Cons: Fully adhered systems are temperature dependent vs. mechanically attached systems. b. Warranty: Material and contractor's warranty remain the same except you would be covered end to end.

Proposed Price: A01 Alternate Bid

Mil TPO Fully Adhered System, One Roof Removal - The net sum payable for the project as described in the above referenced scope of work and specifications is: $41,900.00 Forty-One Thousand Nine Hundred and NO/100 dollars. **Please also note that these prices are based on current pricing. Material (excluding insulation) and labor good for 30 days.

Unit Prices (Work Beyond Scope)

1. In addition to above, time and material rates: a. Labor Rates: $95.00 per man hour. b. Material: Cost plus 20% 2. In addition to above, cost to install TPO walkway pads: $45.00 per linear foot.

2411 Goodhue Street • Red Wing, MN 55066 • 651.388.9415 (P) • 651.388.6838 (F) www.chandlerroofingandconstruction.com • MN License #BC685807 • WI License #897172 34 RIDER #1

Asbestos / Hazardous Substance

The owner warrants that there are no asbestos containing materials present in or on the building that could be affected in the performance of this work under contract. Contractor's scope of work shall not include the identification, detection, abatement, encapsulation, removal and/or disposal of asbestos or other hazardous substances. If contractor encounters or disturbs in any way any such products or materials in the course of performing its work at the job site and contractor determines that such materials present a hazard to its employees, contractor shall have the right to discontinue it work and remove its employees from the job site until such products or material, and any hazards connected therewith, are located and abated, encapsulated or removed, or it is determined that no hazard exists (as the case may require), and contractor shall receive an extension of time to complete its work hereunder and compensation for delays or other additional costs encountered as a result of such situation or correction.

Mechanical And Other Rooftop Equipment Not Being Repaired Or Replaced

If, in order for Chandler Roofing and Construction to perform its work under this contract, it becomes necessary to disconnect, remove, relocate or otherwise deal with any mechanical or other equipment located on the deck or other surface on which Chandler Roofing and Construction's work is to be performed, Owner or Owner's agent shall provide disconnection, removal, relocation, or other appropriate action with respect to such mechanical or other equipment and further, shall provide for the reconnection, replacement or relocation of such mechanical or other equipment following completion following completion of Chandler Roofing and Construction's work. Chandler Roofing and Construction shall have no responsibility with respect to any such rooftop equipment.

Mold

Moisture that has entered into the building prior to our installation or repair of the roofing/window system may result in mold growth. We disclaim any and all responsibility for damages to persons or property arising from or relating to the presence of mold in the building. By executing the contract to which this Notice is affixed, Owner 1.) releases us from any and all claims Owner and Owner's a.) family members, b.) employees, c.) tenants or d.)any other building occupants may have as a result of such mold growth and 2.) agrees to hold us harmless from any and all penalties, actions liabilities, costs, expenses and damages arising from or relating to the presence of mold in Owner's building.

2411 Goodhue Street • Red Wing, MN 55066 • 651.388.9415 (P) • 651.388.6838 (F) www.chandlerroofingandconstruction.com • MN License #BC685807 • WI License #897172 35 36 ACCEPTANCE OF PROPOSAL OF BID NO. 508 1. By signing, the Purchaser Accepts all terms and conditions for re-roof work performed at: 645 Second Street Kenyon, MN 55946 Please Circle and Initial 2. Project Price For Proposed Scope of Work: E01: $40,640.00 A01: $41,900.00 3. Payment Terms: a. 50% due upon due prior to material order b. Ongoing payments of Contract Price, shall be made monthly upon receipt of an invoice for portion of the Work performed during the month. If any invoice remains unpaid to the 20th day following receipt by Customer, Customer agrees to pay Chandler Roofing and Construction interest at the rate of eighteen percent (18%) per annum from the due date until paid. 4. Security for Payment: Owner or representative understands that if Chandler Roofing and Construction is not paid it can assert a lien against the property. Chandler Roofing and Construction will issue waivers of its lien rights only to the extent it receives payment. No warranties will not be issued until project is paid in full. 5. Rider Understands and agrees to all terms and clarifications within RIDER #1 (Attachment) 6. Building Permit The City of Kenyon will need to approve roof design as described above for this contract to be valid.

Submitted By Accepted By

CHANDLER ROOFING AND

CONSTUCTION

Signature

Dana Chandler

Printed Name Printed Name

Owner Title Title

February 12, 2024 Date Date

2411 Goodhue Street • Red Wing, MN 55066 • 651.388.9415 (P) • 651.388.6838 (F) www.chandlerroofingandconstruction.com • MN License #BC685807 • WI License #897172 37 July 13, 2023 PROPOSAL #:DB8403-23

Kenyon Municipal

645 2nd St Kenyon, MN 55946

Dear Mr. Vahlsing:

Thank you for your interest in working with Schwickert's Tecta America!

Founded in 1906 by George Schwickert, Schwickert's has been a locally known name in Southern Minnesota for over 110 years. As a leading Midwest roofing and mechanical systems contractor, we serve commercial, industrial and residential markets in roofing, architectural metals, mechanical piping and plumbing, heating, air conditioning, electrical, air duct cleaning, dryer vent cleaning, chimney sweeping and specialty fabrication products. In addition to the products offered, our services include design, start-up, commissioning, preventative maintenance programs, inspections, and more.

Schwickert's is well-known in the industry and is a leading roofing and mechanical contractor in the country. In fact, our reputation of being the best has developed from our quality workmanship, years of experience, innovative solutions and from the consistent way in which we satisfy our customers.

Thank you for giving us this opportunity to assist you in making an educated decision about your roofing needs. We look forward to working with you!

Sincerely,

David Barnett

David Barnett

Project Manager Schwickert's Tecta America, LLC

Direct: 507.226.5149 Cell: 507.226.5149 dbarnett@tectaamerica.com

330 Poplar Street 204 Schuman Drive NW 8600 West 125th Street 1841 E 1450 Road Mankato, MN 56001 Stewartville, MN 55976 Savage, MN 55378 Lawrence, KS 66044 507.387.3101 507.281.0611 612.284.4233 913.674.4445 38 www.schwickerts.com | EEO/AA Employer/Vets/Disability | rev. 2223 SCHWICKERT TECTA AMERICA'S SOLUTIONS DESIGNED TO ADDRESS YOUR NEEDS You can rely on Schwickert's Tecta America, your trusted business partner, to provide a combination of products and services that best suit your needs.

Kenyon Municipal

645 2nd St. Kenyon, MN 55946

Scope Of Work: Findings

Description: Punctures & tears in current roof system

Cause: Common wear and tear due to time and weather

Impact: This condition can allow moisture to enter into the building and roof system, causing damage to the building contents and possible deterioration of the insulation, decking and the roof system.

Scope Of Work: Summary

Building: Main Building

Square Feet: 3,370 Summary: The details of the roof are in poor condition. A new roof is recommended. The recommended work is suggested to eliminate the risk of an entire tear-off and potential deck replacement associated with continued repairs or re-roofing delays.

330 Poplar Street 204 Schuman Drive NW 8600 West 125th Street 1841 E 1450 Road Mankato, MN 56001 Stewartville, MN 55976 Savage, MN 55378 Lawrence, KS 66044 507.387.3101 507.281.0611 612.284.4233 913.674.4445

www.schwickerts.com | EEO/AA Employer/Vets/Disability | rev. 2223 39 SCOPE OF WORK: RECOMMENDATIONS Base Bid: • Tear off roofing down to existing wood deck and dispose of properly. • Remove and dispose of old roofing system properly. • Install 2 layer of 2.6" Polyisocyanurate insulation (ISO). • Install layers of 2x6 wood blocking to outside perimeter to accommodate new insulation height where needed. • Insulation R-value to be enhanced to R-30, state required code for Minnesota. • Install 60-mil white Adhered TPO Rhino bond roof system per manufacturer's specifications. • Install all flashings and accessories required to complete roof system. • Flash all existing penetrations. • Remove and dispose of metal caping on parapet walls. • Fabricate and install new metal on parapet wall, gutter and downspout. • Metal to be 24-gauge pre-finished steel. • Color TBD by owner from standard Una Clad color chart. • Includes 20-year Total System Roofing Warranty according to manufacturer's specifications.

Alternate 1: • Verify that the building is isolated from the inside in the ceiling. This could allow 1 layer of 2.6 ISO to potentially be removed from the bid for a savings of $4,000. • All other items in base bid remain the same.

Alternate 2 • Remove and reinstall existing gutter and downspout on back of store for a saving of $1,400 off the bid price. • All other items in base bid remain the same.

Pre- & Post-Construction Specifications

Project Preparation: • Perform a pre-job meeting to determine jobsite logistics and safety requirements. • Furnish proposed construction scheduled, if needed.

Post-job procedures: Upon completion of project, we offer to conduct a post job closeout meeting which includes: • Review of Executed Scope of Work • Review of Any Unforeseen Conditions • Final Joint Walk of New Roof Assembly • Submission of Critical Project Documents and Job Progress Photos • Brief Orientation and Care Requirements of Your New Roofing System. • Delivery of Contractor's and Manufacturer's Warranty • Discuss Tecta Tracker & Preventative Maintenance programs

General Notes And Qualifications

Employee Professionalism: All work shall be performed in a safe, professional manner in compliance with Schwickert's policy.

Permits: Schwickert's will obtain the necessary permits.

Safe & Clean Work Environment: All work premises will be cleaned daily during the construction process and at the completion of the project. Trash will be removed to dumpster provided by Schwickert's

Warranty:

330 Poplar Street 204 Schuman Drive NW 8600 West 125th Street 1841 E 1450 Road Mankato, MN 56001 Stewartville, MN 55976 Savage, MN 55378 Lawrence, KS 66044 507.387.3101 507.281.0611 612.284.4233 913.674.4445

www.schwickerts.com | EEO/AA Employer/Vets/Disability | rev. 2223 40 Workmanship is covered by Schwickert's Tecta America's Two-year warranty. Form to be standard similar to the Midwest Roofing Contractors Association (MRCA) warranty. This warranty excludes any routine maintenance and recommended repair work beyond the terms of the warranty.

Details will be installed in accordance with NRCA (National Roofing Contractor Association) guidelines and manufacturer's recommendations. Shop drawings for any specific details will be provided upon request for your approval prior to the preconstruction meeting.

Additional Inclusions and Exclusions: • Hoisting of materials is included in this proposal. • Identification, abatement and disposal of hazardous materials is not included. • Sales and excise taxes are included. • All electrical work unless specifically noted within the mechanical specification is not included. • Wood blocking is included. • Deck repair/replacement is not included in this proposal outside of predetermined areas. Replacement can be done on a time and material basis. • Any Mechanical or Electrical disconnects or reconnects are not included in this proposal. • Lawn or pavement restoration is not included in this proposal. • This proposal assumes no premium time/and or acceleration costs. • We do not include costs for temporary utilities and/or facilities. • Snow and ice removal is not included in this proposal. • Owner shall be responsible for all costs associated to perform an asbestos survey if required by any governmental authority.

Contract

Base Bid: ($66,320.00) Sixty-Six Thousand Three Hundred and Twenty Dollars and 00/100.

Alternate 1: Price can be configured once we know how much insulation is needed. This can be done with access to the current celling insulation for measurement.

Alternate 2: Price for removing and reinstalling existing gutter/downspout would save $1,400 for a total price of $64,920.

Please also note that these prices are based on current material costs and do not include protection beyond 30 days. All applicable tax is not included.

This proposal has been prepared and submitted by David Barnett.

Submitted By Accepted By

SCHWICKERT'S TECTA AMERICA, LLC OWNER

David Barnett _______________________________________ ___________________________________________ David Barnett _______________________________________ ___________________________________________ Project Manager _______________________________________ ___________________________________________ July 13, 2023 _______________________________________ ___________________________________________ PROPOSAL #: DB8403-23

330 Poplar Street 204 Schuman Drive NW 8600 West 125th Street 1841 E 1450 Road Mankato, MN 56001 Stewartville, MN 55976 Savage, MN 55378 Lawrence, KS 66044 507.387.3101 507.281.0611 612.284.4233 913.674.4445

www.schwickerts.com | EEO/AA Employer/Vets/Disability | rev. 2223 41 PRE-LIEN NOTICE OF PRIME CONTRACTOR (To be Attached as Rider to all Prime Contracts for Work on Private Property)

"(a) ANY PERSON OR PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS.

(b) UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE, OR WITHHOLD THE AMOUNTS DUE THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE."

TERMS: Owner agrees that all payments required under this Contract shall be due and payable within 20 days of date of invoice whether billing is for job preparation, material stored, work completed each month or final payment. Owner further agrees that Contractor may charge interest at the annual rate of eighteen percent (18%), unless a lesser percentage is required by law on any sum due under this Contract which is not paid within 30 days of invoice date. If payments are not made when due, interest, costs incidental to collection and attorneys' fees (if an attorney is retained for collection) shall be added to the unpaid balance. Contractor reserves the right, without penalty from Owner, to stop work on the project if Owner does not make payments to Contractor when due. Owner hereby releases Contractor of notice requirements for lien rights in the event payments are not made when due as outlined in this paragraph. This Proposal/Contract may be withdrawn by Contractor if not accepted within 30 days, or at anytime, subject to increases related to material prices as noted above.

Attached to this Proposal/Contract are Special Conditions. The terms and conditions contained in the attached Special Conditions to Proposal/Contract are incorporated into and are an integral part of this Proposal/Contract.

Receipt

This proposal has been submitted by _David Barnett__ Please call if you have any questions on this proposal.

Receipt of this Pre-Lien Notice, and a copy hereof, is hereby acknowledged by

Submitted By Accepted By

SCHWICKERT'S TECTA AMERICA, LLC OWNER

David Barnett _______________________________________ ___________________________________________ David Barnett _______________________________________ ___________________________________________ Project Manager _______________________________________ ___________________________________________ July 13, 2023 _______________________________________ ___________________________________________ PROPOSAL #: DB8403-23

330 Poplar Street 204 Schuman Drive NW 8600 West 125th Street 1841 E 1450 Road Mankato, MN 56001 Stewartville, MN 55976 Savage, MN 55378 Lawrence, KS 66044 507.387.3101 507.281.0611 612.284.4233 913.674.4445

www.schwickerts.com | EEO/AA Employer/Vets/Disability | rev. 2223 42 SPECIAL CONDITIONS TO PROPOSAL / CONTRACT

Dated___________ between___________________ and Schwickert's Tecta America LLC

1. This Contract incorporates all of the agreements of the parties to Owner's acceptance thereof. date. Any changes, alterations or additions thereto shall not be 11. If structures of any kind are to be added to and installed on the binding or enforceable unless approved in writing by both roof membrane after its application, such installation shall be entirely at the risk of Owner, unless Contractor is given parties. reasonable notice in writing of the time an date of such 2. Our price stated in this contract proposal is based upon current installation and is permitted to supervise or conduct (at its material prices. Because of raw material price volatility, option) the cutting and sealing of the roof membrane necessary including the price of oil, our material suppliers are unable to for such installation. Contractor shall be paid on a time-and- provide us with price protection for the materials included material basis for such supervision or work. (See manufacturer's within this proposal. Accordingly, should our material prices warranty for requirements after warranty is delivered.) increase during the term of this proposal, and during the time of 12. Damage occurring to the installed roofing membrane, resulting from acts of other contractors or persons authorized by Owner to performance of work contemplated by this proposal, our price conduct operations above or upon the installed membrane shall for performance of the work contemplated by this proposal be the responsibility of Owner. shall be increased by such direct material cost increases. 13. Contractor may include owner name, testimonials, location and 3. Issuance of a purchase order by Owner will constitute acceptance project information for marketing and communications across of each and every term and condition of this Contract. Any any medium the contractor chooses. additional terms and conditions stated in Owner's purchase 14. Contractor may place company signage at the project location order, or other written communication accepting this Contract, for the duration of the project. or by alteration by Owner of this Contract form, shall not be valid 15. Contractor is not responsible for costs of repair or damages, under any circumstances unless specifically adopted or approved including disruption of service, resulting from heavy equipment, by written response of Contractor. Failure to respond by including, but not limited to cracks in concrete on Contractor shall be deemed a denial of any additional and the ground at the project site. conditions stated in Owner's acceptance. 16. Contractor accepts no liability to indemnify or hold Owner 4. Should leaks occur after completion of installation of the roofing harmless for damages to persons or property, except those that system, inspections or repairs performed by Contractor shall be are the direct result of Contractor's negligent error or omission treated as warranty matters, and such circumstances shall not be which occur during performance of Contractor's work. grounds for withholding payment of the Contract price; 17. Contractor reserves the right to cancel this Contract by written provided, however, if the roof membrane is installed over an notice to Owner within 15 days of Owner's acceptance thereof, existing system, Contractor shall have no responsibility for water in the event that Contactor, in the reasonable exercise of its penetration which occurs as a result of moisture contained in the judgment, determines that Owner's credit history or rating is old, or former, roofing system. deemed insufficient for the purposes of this Contract. 5. Any person or company supplying labor or material for this improvement to your property may file a lien against your DUTIES AND RESPONSIBILITIES OF CONTRACTOR property if that person or company is not paid for the contributions. 18. Contractor's price includes furnishing all labor, materials and 6. Under Minnesota law, you have the right to pay persons who equipment necessary to complete the Contract, subject only to supplied labor or materials for this improvement directly latent conditions of the work area, which could not be reasonably and deduct this amount from our contract price, or withhold anticipated by the examination of core samples, or the visual the amount due them from us until 120 days after completion inspection ordinarily employed in the roofing trade. If such of the improvement unless we give you a lien waiver signed latent conditions cause or require additional labor or material in by persons who supplied any labor or materials for the the performance of the Contract, Contractor shall promptly improvement and who gave you timely notice. notify Owner of such condition, and such additional material and 7. If roof tear-off is to be performed, Contractor shall not be work will be supplied and performed on a time-and-material responsible for damages caused by water penetration into the basis by Contractor, unless the parties agree to a stated price for building resulting from moisture contained or trapped in or under such additional work. the existing roof surface, which is released during tear-off. 19. Contractor will perform the work specified herein in accordance Unless written arrangements are made in advance, Contractor with the written specifications, if any, attached or stated in the shall not be responsible for damages from leaks through any area Contract and the specifications of the manufacturer of the roofing of the existing (present) roof surface where Contractor has not system to be installed, so that the installation will qualify for the performed tear-off surface preparation work. issuance of the manufacturer's warranty (identified above) to 8. If a warranty of the manufacturer of the roofing system to be Owner. Contractor shall not be responsible for any defects or installed is to be issued to Owner, a sample copy of such deficiencies in said specifications. Contractor EXPRESSLY warranty is attached to this Contract. Acceptance of this DISCLAIMS ANY IMPLIED WARRANTY OF FITNESS FOR Contract by Owner shall constitute acceptance of the terms, ANY PARTICULAR PURPOSE with respect to said conditions and limitations of said warranty. specifications. 9. Attached hereto and incorporated herein by reference is the 20. Contractor makes no warranty respecting "Wind Uplift Schwickert 2 year Contractor's warranty, which warranty form Resistance" of the installed roof system. If a "Factory Mutual will be supplied by Contractor to Owner upon completion of this Insurance Co. Wind Uplift Standard" is specified, Contractor Contract. Acceptance of this Contract by Owner shall constitute represents only that the roofing system installed is represented acceptance of the terms, conditions and limitations of said by the manufacturer thereof to meet such specified standards. warranty. 21. Contractor warrants that the materials and accessories supplied 10. Completion of this Contract shall be the date on which will be those specified for this Contract and will be new and of Contractor's work is finished, as distinguished from the date of recent manufacture and free from obvious defects. Contractor

330 Poplar Street 204 Schuman Drive NW 8600 West 125th Street 1841 E 1450 Road Mankato, MN 56001 Stewartville, MN 55976 Savage, MN 55378 Lawrence, KS 66044 507.387.3101 507.281.0611 612.284.4233 913.674.4445

www.schwickerts.com | EEO/AA Employer/Vets/Disability | rev. 2223 43 shall not be responsible for latent defects in materials and restriction of vehicles on property under Owner's control in accessories. reasonable proximity of the job site to prevent damage while 22. Contractor shall not be responsible for damages arising from Contractor's work is in progress, if requested by Contractor. delay due to inclement weather (including the threat of inclement 30. Owner understands and agrees that Contractor shall have no weather), strikes, fires, accidents, delays in shipment or delivery responsibility at any time after completion of the work for of manufacturer's materials, or other causes beyond its damages of any kind to persons or property located below the reasonable control; or, if any Interruption of Contractor's work installed roof membrane, whether or not such damages result occurs by reason of operations of other contractors at the job site, from leaks or other weather-oriented sources. or from Owner's failure to provide Contractor with reasonable 31. Owner agrees to supply all necessary electricity including 220- access to the job site to perform this Contract. volt, 30 amp capacity and water. Owner shall permit ready and 23. Contractor shall advise Owner promptly upon completion of convenient access to the building and roof area at all times by work and submit the same for Owner's inspection. Contractor, stairway or elevator service, if available. conditioned upon Owner's prompt inspection and notification to 32. Owner shall promptly inspect Contractor's work upon notice of Contractor of any omitted work, or other discrepancies, will completion, and shall either accept the work or give prompt, remedy the same if required by the specifications or performance written notice to Contractor of omitted work or of other standards of the Contract. discrepancies. If Owner fails to give such notice to Contractor 24. Contractor will have Workers' Compensation insurance in limits within 7 days from notice of completion, Contractor's required by state law and Comprehensive General Liability performance shall be deemed to be completed for purposes of Insurance coverage in force for all of its operations under this final payment. Contract. 33. Owner will rely exclusively upon the warranty, if any, of the 25. Insurance for replacement of our own work product, for wear and manufacturer of any materials which are not specifically tear, gradual deterioration, latent defect, mildew, mold or fungus, described and included in the "sample warranty" attached hereto. bacteria and other micro-organisms, inherent vice, depreciation, 34. Owner shall make no changes in the scope of the roof installation insects or vermin is not reasonably available in the market. As a described herein or the specifications which would tend to result, and notwithstanding any other language to the contrary, disqualify the installation from the issuance of the the parties exclude from this contract, including any indemnity manufacturer's warranty referred to above. provision, any liability to Contractor for damages caused by the 35. If Contractor's work is to be inspected by Owner's items listed in the previous sentence, because insurance to cover representative, or an architect, Owner agrees to make firm these risks is not reasonably available. Owner will further hold arrangements to have such person available promptly after notice harmless and indemnify Contractor from claims, including to make inspection as Contractor's work progresses, so as not to claims of tenants and occupants, arising from indoor air quality, cause delay. Owner designates _______________________ to including but not limited to the growth of mold, whether as a execute additional work orders or changes and to act for and on result of Owner's failure to maintain the building or otherwise. behalf of Owner to accept completed work. 26. Contractor shall take all reasonable safety precautions with 36. If, in order for Contractor to perform its work under this respect to its work, and shall have responsibility for compliance Contract, it becomes necessary to disconnect, remove, relocate of its equipment and employees with all applicable laws, or otherwise deal with any mechanical or other equipment ordinances, rules, regulations and orders of any public authority located on the deck or other surface on which Contractor's work for the safety and health of person on the job site. Contractor is to be performed, Owner or Owner's agent shall provide for the shall have specific responsibility for housekeeping in its disconnection, removal, relocation or other appropriate action immediate work area, and will remove rubbish and debris caused with respect to such mechanical or other equipment following by its work. Contractor shall not be responsible for the safety completion of Contractor's work. Contractor shall have no and health of any persons present at the job site who are not responsibility with respect to any such rooftop equipment, unless employees of Contractor. it is specifically provided otherwise in this Contract. 37. Owner agrees to provide at its expense builder's risk insurance DUTIES AND RESPONSIBILITIES OF OWNER for the benefit and protection of Contractor. 38. Prior to Contractor's commencement of performance of its work 27. Owner represents to Contractor that the roof deck on which the under this Contract, an appropriate number of tests of substances installation is to be made is in a sound weight-bearing condition, and materials above and below the roof deck may be conducted sufficient for the purposes of Contractor's work and that all by, or on behalf of the Owner, at Owner's expense, to determine surfaces to be utilized by Contractor for fastening, adhering or if asbestos or similar hazardous substances are present, above or attaching the roofing system will be adequate for the installation below the roof deck, which could be disturbed or otherwise to be performed. Promptly after execution of this Contract and affected by Contractor's work under this Contract. If such tests prior to commencement of Contractor's work, Owner will inform indicate the presence of asbestos or similar hazardous Contractor in writing of any deck or subsurface conditions which substances, Contractor may, at its option, (a) terminate this could be damaged by penetrations made by Contractor in Contract upon written notice by Contractor to Owner; (b) delay installing the roofing system. commencement of performance of its work under this Contract 28. At the time Contractor commences its work, Owner will provide until such products or materials, and any hazards connected Contractor with exclusive access and use of all roof areas where therewith, are located and abated, encapsulated or removed (in work is to be performed and such additional areas as are which case Contractor shall receive an extension of time to reasonably necessary for the Contractor to perform its work complete its work thereunder and compensation for delays without interruption. All roof area work surfaces shall be free of encountered as a result of such situation and correction); or (c) debris and in a dry accessible condition. If preliminary work on proceed to locate, abate, encapsulate and remove such products the roof area is to be performed by others prior to Contractor's or materials and any hazards connected therewith at a price to be work, such work will be complete. Contractor shall not be determined by mutual agreement between Contractor and Owner required to perform its work while snow or other moisture and to be paid by Owner. If Contractor proceeds with its work conditions exist on the roof surface, unless Owner provides for under this Contract on the assumption that there is no asbestos or removal or curing of such conditions. similar hazardous substance present, based upon results of tests 29. Owner shall obtain permission for Contractor to work on or over conducted prior to commencement of its performance or if no adjoining property, if reasonably necessary to perform this tests are performed and Contractor does encounter any such Contract, at no cost to Contractor. Owner will arrange for products or material in the course of performing work at the job

330 Poplar Street 204 Schuman Drive NW 8600 West 125th Street 1841 E 1450 Road Mankato, MN 56001 Stewartville, MN 55976 Savage, MN 55378 Lawrence, KS 66044 507.387.3101 507.281.0611 612.284.4233 913.674.4445

www.schwickerts.com | EEO/AA Employer/Vets/Disability | rev. 2223 44 site, or if such hazardous materials are encountered by any other of materials containing asbestos or similar hazardous substances firm performing work at the job site, and Contractor determines from Owner's building and work site, and specifically including that such materials present a hazard to its employees, Contractor any and all costs incurred because of any investigation of the site shall have the right to discontinue its work and remove its at which such materials are disposed of by Contractor or any employees from the job site until such products or materials and cleanup, removal, remediation or restoration of such site any hazards connected therewith are located and abated, mandated by a federal, state or local agency or political encapsulated or removed, or it is determined that no hazard exists subdivision. (as the case may be), and Contractor shall receive an extension As used herein, the term "hazardous substances" means: of time to complete its work hereunder and compensation for (a) any "hazardous waste" as defined by the Resource delays encountered as a result of such situation and correction. Conservation and Recovery Act of 1976, as amended To the extent permitted by law, Owner shall defend, indemnify from time to time, and any regulations promulgated and hold Contractor harmless from any and all penalties, actions, thereunder. liabilities, costs, expenses and damages arising from or relating (b) any "hazardous substance" as defined by the to the presence of asbestos or similar hazardous substances at this Comprehensive Environmental Response, work site, including without limitation, installation, disturbance Compensation and Liability Act of 1980, as amended or removal of any product containing asbestos or similar from time to time, and regulations promulgated hazardous substances or violation of governmental regulations thereunder; and relating to asbestos or similar hazardous substances. Owner (c) any substance which is or becomes regulated by any releases Contractor from all claims and liabilities relating to federal, state, or local governmental authority. asbestos or similar hazardous substances at this work site, including claims for subrogation. Should Contractor undertake ARBITRATION, ACCEPTANCE AND EXECUTION to locate, abate, encapsulate and remove any asbestos or similar hazardous substance present at this work site, provided 39. All disputes, claims and questions regarding the rights and Contractor conducts its operations in accordance with applicable obl