5-18-26 City Council Packet

CITY OF MENOMONIE COUNCIL MEETING AGENDA Menomonie City Hall 800 Wilson Avenue 1st Floor, City Council Chambers 7:00 pm Monday – May 18, 2026 Page 1 of 2 Pledge of Allegiance 1. Roll Call 2. Approval of Minutes 3. Public Comments (agenda items only). 4. New Business: a) School District of the Menomonie Area School Board Representative presentation about the school voucher transparency – discussion only (no action). b) Cooperative Agreement with WisDNR for the construction and maintenance of fishing piers on the Red Cedar River northeast of the STH 29 Bridge – discussion and possible action. c) Proposal for Well #9 Special Inspections – discussion and possible action. d) Special Event Request from Dunn County Fair Board for the closure of 17th Street East from Main Street East to 5th Avenue East for the Dunn County Fair to be held from July 20, 2026 to July 27, 2026 – discussion and possible action. e) Mayoral Appointment of Ann Vogl to the Plan Commission to April 2029 – discussion and possible action. f) Mayoral Appointment of Julie Holger to the Tourism Commission to April 2027 – discussion and possible action. 5. Budget Transfers 6. Mayor’s Report a) June Pride Month Proclamation 7. Communications and Miscellaneous Business 8. Claims 9. Licenses a) Normal license list – discussion and possible action b) Renewal license list – discussion and possible action 10. Adjourn Page 2 of 2 “PUBLIC ACCESS” NOTE: Members of the public may view City Council meetings via Zoom Teleconference / Video Conference or over the internet by going to https://zoom.us/join (URL for Zoom meeting), or by calling 1 312 626 6799. The Access Code for the meeting is 836 5373 3917. Please note this is for viewing purposes ONLY . If you wish to participate, you must appear in person at the meeting. NOTE: Upon reasonable notice, efforts will be made to accommodate the needs of individuals with disabilities. For additional information or to request the service, contact the City Clerk or the City Administrator at 715-232-2221. CITY OF MENOMONIE COUNCIL MEETING STAFF COMMENTS Monday – May 18, 2026 Page 1 of 4 2. Approval of Minutes: a) Draft minutes from the City Council Meeting on May 4, 2026, are enclosed. If the Council concurs, the appropriate motion would be Approve the Minutes from the May 4, 2026, City Council Meeting (simple majority vote). 4. New Business: a) Enclosed is a presentation from the School District of the Menomonie Area regarding school voucher transparency. Members of the School Board will be on-hand to give their presentation and answer questions that the City Council might have. This item is presented for discussion only. No action is required at this time. b) Enclosed is a memorandum regarding a proposed Cooperative Agreement with WisDNR for the construction and maintenance of fishing piers on the Red Cedar River northeast of the STH 29 Bridge. Public Works Director Schofield will be on-hand to answer any questions the City Council might have. If the City Council concurs, the appropriate motion would be Authorize the Mayor to sign a Cooperative Agreement with WisDNR for the construction and maintenance of fishing piers on the Red Cedar River northeast of the STH 29 Bridge, contingent upon City Attorney review (roll call vote). c) Enclosed is a memorandum regarding Well #9 Special Inspections. Public Works Director Schofield will be on-hand to answer any questions the City Council might have. If the City Council concurs, the appropriate motion would be Approve the proposal from AET for Well #9 Special Inspections at a cost of $27,866 (roll call vote). CITY OF MENOMONIE COUNCIL MEETING STAFF COMMENTS Monday – May 18, 2026 Page 2 of 4 d) Enclosed is a Special Event Request from the Dunn County Fair Board for the closure of 17th Street East during the Dunn County Fair. If the City Council concurs, the appropriate motion would be Approve the Special Event Request from Dunn County Fair Board for the closure of 17th Street East from Main Street East to 5th Avenue East from July 20, 2026 to July 27, 2026 (simple majority vote). e) Mayor Crowe proposes to appoint Ann Vogl to the Plan Commission through April 2029. Ann provided the following biography: I have lived in Menomonie since 2013, working at UW-Stout and since 2022 as a small business owner in Downtown Menomonie. I served on the Dunn County Board of Supervisors for 6 years. And now I would like to focus on the City of Menomonie. It is such a great place to live and I would like the opportunity to serve the community on the Plan Commission. If the City Council concurs, the appropriate motion would be Confirm the Mayoral Appointment of Ann Vogl to the Plan Commission through April 2029 (simple majority vote). f) Mayor Crowe proposes to appoint Julie Holger to the Tourism Commission through April 2027. Julie provided the following biography: Hello, I am the Manager of the Cobblestone property in Menomonie, WI, with 26 years of experience in the hospitality industry. I have managed three properties, including 10 years in Stillwater, MN, 10 years in Baldwin, WI and nearly two years in Menomonie, WI, where I began on June 3, 2024. If the City Council concurs, the appropriate motion would be Confirm the Mayoral Appointment of Julie Holger to the Tourism Commission through April 2027 (simple majority vote). CITY OF MENOMONIE COUNCIL MEETING STAFF COMMENTS Monday – May 18, 2026 Page 3 of 4 5. Budget Transfers No proposed budget transfers have been received at this time. If any additional budget transfers are identified, a revised list will be distributed before the meeting. In that case, the appropriate motion would be Approve the Revised Budget Transfers, as presented (roll call vote). 8. Mayor’s Report A copy of a Mayoral Proclamation regarding Pride Month has been enclosed. 9. Claims The Claims list is enclosed in the packet. If the City Council supports paying the claims, the appropriate motion would be Approve the Claims List, as presented (roll call). If any additional claims are identified, a revised list will be distributed before the meeting. In that case, the appropriate motion would be Approve the Revised Claims List, as presented (roll call). CITY OF MENOMONIE COUNCIL MEETING STAFF COMMENTS Monday – May 18, 2026 Page 4 of 4 10. Licenses a) No new license applications have been received as of this writing. If any license applications are received, a revised list will be distributed before the meeting. In that case, the appropriate motion would be Approve the Revised Normal License List, as presented (simple majority). b) The renewal license list is enclosed in the packet. If the City Council concurs, the appropriate motion would be Approve the Renewal License List, as presented (simple majority). If any license applications are received, a revised list will be distributed before the meeting. In that case, the appropriate motion would be Approve the Revised Renewal License List, as presented (simple majority). CITY OF MENOMONIE COUNCIL MEETING OFFICIAL COUNCIL PROCEEDINGS Page 1 of 5 A regular meeting of the City Council of the City of Menomonie, Dunn County, Wisconsin, was held in open session on, May 4, 2026, and called to order by Mayor Crowe at 7:00 p.m. in the City Council Chambers. The following members were present: Luther, Edwards, Sutherland, Pickard, Schwebs, Gentz, Hargrove, Schlough, Erdman and Sommerfeld. Yonko was absent. MOTION made by Erdman, seconded by Pickard, and carried unanimously to approve the minutes of the April 20, 2026, City Council meeting and the minutes of the April 21, 2026, City Council Organizational meeting. PUBLIC COMMENTS – Charlie Jones spoke on behalf of Murals In Menomonie and indicated he was present to answer any questions related to agenda item 6. ORDINANCE – MOTION was made by Pickard, seconded by Gentz, and carried to waive the first reading of proposed Ordinance 2026-07, an Ordinance amending portions of Title 8, Chapter 2 of the City Code to clarify the responsibility for operation and maintenance of building sewers, amend the Mercury discharge limit, and creating PFOA and PFOS discharge limits. MOTION was made by Schlough, seconded by Hargrove, and carried to waive the second reading of proposed Ordinance 2026-07. MOTION was made by Schlough to adopt proposed Ordinance 2026-07, seconded by Schwebs, and carried unanimously to ADOPT Ordinance 2026-07. ORDINANCE – MOTION to INTRODUCE Proposed Ordinance 2026-08, an Ordinance repealing and recreating Title 3, Chapter 18 Solid Waste Collection was made by Pickard. MOTION was made by Schlough, seconded by Erdman, and carried to waive the first reading of proposed Ordinance 2026-08. MOTION was made by Luther, seconded by Edwards, and carried to waive the second reading of proposed Ordinance 2026-08. MOTION was made by Hargrove to adopt proposed Ordinance 2026-08, seconded by Schwebs, and carried unanimously to ADOPT Ordinance 2026-08. RESOLUTION – MOTION was made by Pickard, seconded by Luther, and carried unanimously to approve Resolution 2026-16, a resolution setting solid waste collection license fees. RESOLUTION – MOTION was made by Erdman, seconded by Pickard, and carried unanimously to approve Resolution 2026-17, a resolution setting the reimbursement rate for residential curbside recycling. ORDINANCE – MOTION to INTRODUCE Proposed Ordinance 2026-09, an Ordinance amending section 6-3-1 A. Relating to speed limits on South Broadway Street, CTH B, 650th Avenue, and 690th Avenue was made by Schwebs. MOTION was made by Schlough, seconded by Page 2 of 5 Sommerfeld, and carried to waive the first reading of proposed Ordinance 2026-09. MOTION was made by Erdman, seconded by Luther, and carried to waive the second reading of proposed Ordinance 2026-09. MOTION was made by Schwebs to adopt proposed Ordinance 2026-09, seconded by Pickard, and carried unanimously on a roll call vote to ADOPT Ordinance 2026-09. MOTION was made by Schlough, seconded by Pickard, and carried unanimously to approve a one-year lease extension with the United Way of the St. Croix and Red Cedar Valleys, Inc for office space at City Hall to April 30, 2027, as presented. MOTION was made by Schwebs, seconded by Sommerfeld, and carried unanimously on a roll call vote to approve the Fire Department’s purchase of a UTV from Hexco Motorsports at a cost of $63,256.13. MAYORAL APPOINTMENT – Mayor Crowe has appointed Alderperson Cody Gentz as the Plan Commission Chairperson. No action. MOTION was made by Schlough, seconded by Edwards, and carried unanimously to confirm the following Mayoral Appointments: Board of Review: John Sobota (1-year term to April 2027), and Kyle Behrens (1-year term to April 2027). MOTION was made by Schlough, seconded by Edwards, and carried unanimously to confirm the following Mayoral Appointments: Board of Zoning Appeals: Bob Schultz (3-year term to April 2029), and Steve Lindberg (3-year term to April 2029). MOTION was made by Erdman, seconded by Pickard, and carried unanimously to confirm the following Mayoral Appointments: Historic Preservation Commission: Joshua Kohnke (3-year term to December 2029), and Carl Rudenborg (3-year term to December 2029). MOTION was made by Schlough, seconded by Hargrove, and carried unanimously to confirm the following Mayoral Appointment: Historic Preservation Commission: John Sobota (1-year term to April 2027). MOTION was made by Schlough, seconded by Gentz, and carried unanimously to confirm the following Mayoral Appointments: Plan Commission, Rebecca Thacker (2-year term to April 2028). MOTION was made by Hargrove, seconded by Pickard, and carried unanimously to confirm the following Mayoral Appointments: Tourism Commission: Ryan Verdon (1-year term to April 2027), Grady Richartz (1-year term to April 2027), Barbara Bauer-Chen (1-year term to April 2027), and Amanda Pickerign-Yaeger (1-year term to April 2027). BUDGET TRANSFERS – MOTION was made by Edwards, seconded by Sutherland, and carried unanimously to suspend the rules and allow members of the Murals in Menomonie committee Page 3 of 5 to speak and answer questions of the Council. MOTION was made by Hargrove, seconded by Pickard, and carried unanimously on a roll call vote to approve the revised TID 15 budget transfer, as presented. MAYOR’S REPORT – Mayor Crowe shared that Alderperson Yonko’s father, Dennis Spader, passed this last weekend, expressing condolence to the family, and complemented Dennis’s involvement and care for the community over his many years of service, in various organizations and boards. Mayor Crowe also shared that the first draft of the I-4 Zoning ordinance should be ready in 45-60 days to be brought before the City Council for review. COMMUNICATIONS AND MISCELLANEOUS BUSINESS – Administrator Atkinson echoed the condolences to Alderperson Yonko and her family and complements for Dennis Spader for his work for the community. Alderperson Schwebs expressed appreciation for the Fire Department’s 2025 Annual Report. Alderperson Schwebs also shared that “Fiddler on the Roof” is being shown at the Mabel Tainter theater, and encouraged folks to get out and support local theater. Alderperson Luther expressed compliments to Environmental Program Coordinator Megan Hines for all her work for the city, and for picking up trash on the side of the road at the transfer station last weekend. Alderperson Schlough expressed thanks to those who were able to attend the UW-Stout Recreation Complex groundbreaking, and thanked Public Works Director Schofield for his work on the easements. CLAIMS – MOTION was made by Schlough, seconded by Luther, and carried unanimously on roll call vote to approve payment of the following claims: MAY 4, 2026 CLAIMS WOODLEY CO INC $159.95 TOTAL $159.95 PARKING UTILITY CLAIMS 2026 CLANCY SYSTEMS INTERNATIONAL IPS GROUP INC NORTHTOWN FORD MERCURY INC $350.00 $40.00 $66.08 TOTAL $456.08 MOTION was made by Pickard, seconded by Hargrove, and carried to approve the following licenses: Erdman voted in opposition. LICENSE YEAR – 2026 Page 4 of 5 TEMPORARY CLASS “B” BEER LICENSE: Red Cedar Racing Association – 620 17th St. SE • Summer Races/Tournaments, Red Cedar Speedway o 05/08/2026, 05/15/2026, 05/29/2026, 06/03/2026, 06/05/2026, 06/12/2026, 06/19/2026, 06/26/2026, 07/10/2026, 07/17/2026, 07/24/2026 - 07/26/2026, 08/07/2026, 08/14/2026, 08/21/2026, 08/28/2026, 09/04/2026, 09/24/2026 – 09/26/2026, 10/09/2026 – 10/10/2026. TEMPORARY CLASS “B” BEER LICENSE & “CLASS B” WINE LICENSE: Red Cedar Racing Association – 620 17th St. SE • Summer Race, Red Cedar Speedway o 05/08/2026. MOTION was made by Erdman, seconded by Gentz, and carried unanimously to approve the following license renewals: RENEWALS FOR LICENSE YEAR – 2026-2027 (expires June 30, 2027) MASSAGE THERAPY FACILITY: Young for Life Acupuncture, Travis Young, 1807 Wilson St NE Menomonie Therapeutic Massage, Cloe Becher, 226 Main St E, Suite B “CLASS A” LIQUOR & CLASS “A” BEER: Keystone Hills, LLC, Hampton Inn & Suites, 2017 Stout St CLASS “A” BEER/ “CLASS A” LIQUOR CIDER ONLY: CAPL Retail, LLC, Express Lane #2301, 1805 Broadway St N Wal-Mart Stores East, LP Walmart #1819, 180 Cedar Falls Rd MOBILE FOOD ESTABLISHMENT: Holy Donuts, 746 190th St, Baldwin, WI 54002 MOBILE HOME PARK: Maple Lane Estates, LLC, 3303/3409/3415 Wilson St Pleasant Valley Properties of WI, LLC, dba Wilson Mobile Estates, 3003/3014 Wilson St TAXI CAB/ VEHICLE FOR HIRE: Courtesy Cab Taxi, LLC, 3003 Wilson St., Lot #47 MOTION to adjourn was made by Edwards, seconded by Hargrove, and carried unanimously at 8:03pm. Page 5 of 5 Chris Johnson, Deputy City Clerk School Tax Bill Transparency Prepared on behalf of the Board of Education by Abe Smith (vice-president) Spring 2026 Key Points Up Front The use of school tax levies has changed over time in state law. The school portion of tax bills no longer accurately reflect the use of property tax. SDMA is asking the taxing municipalities (cities, villages, and towns) in our attendance area to update the language on annual property tax bills, to clarify the portion of the school tax levy used for state-mandated private school vouchers. This proposal is not a change to the actual funding to SDMA. This proposal is not a change to the amount due from the taxpayer. This proposal is merely including a clarifying note that a specific amount of the SDMA levy is state-mandated for private school vouchers. To do this, the City/Village/Town must adopt new tax bill language, and that language must be submitted to the LSF office at Dept of Revenue for approval. Background Since 2015, private school voucher programs are paid partially by local property taxes. The property taxes going to private school vouchers are included silently in the public school line-item. This is how school financing is structured in Wisconsin. Therefore, private school voucher taxes appear to taxpayers as if they were contributing to the local public school district. The local public school district has no control over the cost of these vouchers, and these costs don’t contribute to the public school district’s budget. But the district is obligated to add the costs of these vouchers to the public school tax levy. At first, this was a small cost. Over the past several years, these costs have increased rapidly. For SDMA, the private school voucher programs are the fastest-growing part of the levy. In 2025-2026, the total levy would likely have decreased but for these costs. Voucher Program Impact $1,385,854 2025-2026 actual amount was even higher than projections. This was a 41.2% increase (+$404,119) over the previous year. An increase of 759% over 5 years. Example - Green Bay Private schools voucher 63.40 88.89 40.2% Example - Washburn … NOW, THEREFORE, BE IT RESOLVED that the Town of Washburn hereby directs Town staff to include on all Town-issued property tax bills the following statement, or substantially similar language: “Of the amount levied by the School District of Washburn, $166,546 is for the purpose of state-mandated private school vouchers.” BE IT FURTHER RESOLVED that Town staff shall update this figure annually to reflect the amount certified by the School District of Washburn or the Wisconsin Department of Public Instruction and ensure the information is presented in a clear, accessible, and transparent manner for taxpayers. https://townofwashburn.wi.gov/resolution-no-2026-2-school-district-of-washburn/ Example - Menomonie? NOTE: Of the amount levied in 2025 by the School District of the Menomonie Area, $981,735 is for the purpose of state-mandated private school vouchers. This amount changed by +35.9% from 2024. Who else is doing this? Across the state, many school districts and municipalities are working together to update their tax bills or add inserts to clarify where school taxes are going. Including: ● Ashland ● Eau Claire ● Green Bay ● Milwaukee ● Racine ● South Milwaukee ● Superior ● Washburn We expect many more to make this change in 2026. One key step is sending new tax bill language to the LSF office at Dept of Revenue for approval. Since other cities have already had similar language approved, this should not be a significant burden, if proper procedure is followed. What are the steps? 1. Municipality follows proper procedure to vote and approve new language. ○ For example, a resolution of the elected body that gives updated language directly, or that directs the staff to refine the proposed language for formatting on the tax bill template. ○ Suggested language NOTE: Of the amount levied in [2026] by the School District of the Menomonie Area, $[1,385,854] is for the purpose of state-mandated private school vouchers. This amount changed by [+41.2]% from [2025]. [Bracketed numbers updated yearly.] 2. Follow all regulations required by WI Dept of Revenue for updating tax bill language. ○ Municipality sends the proposed tax bill language to the Local and State Finance (LSF) office at the Dept of Revenue for approval. The Dept of Revenue must sign off on the language for the tax bill. 3. Each year, SDMA will provide the exact number to the municipality prior to printing of tax bills. MEMORANDUM David Schofield, Director of Public Works dschofield@menomonie-wi.gov 715-232-2221 Ext.1020 TO: Mayor Crowe & City Council FROM: David Schofield, Director of Public Works SUBJECT: Cooperative Agreement with WisDNR for the construction and maintenance of fishing piers on the Red Cedar River northeast of STH 29 Bridge DATE: May 18, 2026 City Council Meeting The Wisconsin Department of Natural Resources (WisDNR) has funds available to promote fishing. They have expressed a desire to construct accessible fishing piers on the east bank of the Red Cedar River northeast of the STH 29 Bridge, near the Community Services Building. Enclosed is a draft cooperative agreement in which the City would agree to allow WisDNR to construct the fishing piers on City property. The City would not expend any funds but would agree to maintain the fishing piers for a period of at least 5 years. The City Attorney has not yet reviewed the proposed agreement. Any approval should be contingent upon City Attorney review. If the City Council with the proposed construction of fishing piers the appropriate motion would be Authorize the Mayor to sign a Cooperative Agreement with WisDNR for the construction and maintenance of fishing piers on the Red Cedar River northeast of the STH 29 Bridge, contingent upon City Attorney review (roll call vote). COOPERATIVE AGREEMENT THIS AGREEMENT is entered into by and between the State of Wisconsin, Department of Natural Resources, hereinafter referred to as Department and The City of Menomonie, hereinafter referred to as the City. WHEREAS, the City owns the following described property in Dunn County, Wisconsin hereinafter referred to as Premises: In-stream and shoreline of tax parcel number 1725122813270020003, which is located on the east bank of the Red Cedar River northeast of the STH 29 Bridge. WHEREAS, the public may take advantage of increased angling opportunities using fishing piers at Red Cedar River Corridor. AND WHEREAS, the Department’s authority for entering into this agreement is contained in s. 23.09 (2)(h), Stats. NOW THEREFORE, for and in consideration of the mutual covenants hereinafter set forth, the Department and the City agree as follows: I. CONSIDERATION For mutual considerations as hereafter set forth. II. OBLIGATIONS OF THE DNR A. The Department shall have the right to install two (2) fishing piers that will be 200 square feet or less in size, foundation made out to concrete, with a trex material decking and protected with shot rock on the upstream and downstream sides. B. The Department may utilize equipment it deems necessary for completion of the project, including excavators, skid steers and power hand tools. C. The Department shall have the right to make such improvements and installations as necessary, convenient and incidental to the full use and enjoyment of the rights and privileges granted herein. D. If required by law, the Department shall co-apply with the City for any and all Chapter 30, Stats., permits or approvals necessary for implementing or exercising the rights granted herein. E. The Department assumes no liability for injury other than injury caused by its own negligence on the above-described property. F. Except as otherwise provided herein, the Department has no authority over controlling trespass and exercising other incidents of ownership. III. OBLIGATIONS OF THE CITY A. If required by law, the City shall co-apply with the Department for any and all Chapter 30, Stats., permits or approvals necessary for implementing or exercising the rights granted herein. B. The City shall ensure that the Premises is not converted to any uses inconsistent with this project for at least 5 years after the project is completed, unless approved in writing by the DNR IV. TERMS OF MUTUAL AGREEMENT A. This agreement shall become effective upon signatures by the Department and the City. B. This agreement shall remain in effect for a period of 1 year from its signing. C. This agreement may be amended in whole or in part upon mutual agreement of the Department and the City. D. This agreement may be terminated by either party by providing at least thirty (30) days written notice to the other party. Upon termination, the Department may remove any and all fish management structures placed on the Premises. Upon termination or expiration, the Department has no obligation to restore the Premises to its original condition. If the City terminates the agreement, the City shall reimburse the Department for the cost of fishing access development activities conducted on and to the Premises by the Department. E. This agreement shall not be construed as creating a public debt on the Department in contravention of Article VIII, Wisconsin Constitution, and any obligation of the Department herein is subject to the availability of future legislative appropriations. V. SIGNATURES The terms City and Department, when used herein, shall mean either masculine or feminine, singular or plural, as the case may be, and the provisions of this agreement shall bind the parties mutually, their heirs, successors, personal representatives and assigns. CITY OF MENOMONIE _____________________________________________________ Date ______________ Name, Title STATE OF WISCONSIN DEPARTMENT OF NATURAL RESOURCES _____________________________________________________ Date ______________ Steven Little, Deputy Secretary Dunn County, WI Lucette Community Services ConAgra WWTP Parcel upon which Fishing Piers are proposed (exact locations not known at this time) MEMORANDUM David Schofield, Director of Public Works dschofield@menomonie-wi.gov 715-232-2221 Ext.1020 TO: Mayor Crowe & City Council FROM: David Schofield, Director of Public Works SUBJECT: Well #9 Special Inspections DATE: May 18, 2026 City Council Meeting The Wisconsin Department of Safety and Professional Services (WisDSPS) recently promulgated rules that require Special Inspections for certain types of building construction. These Special Inspections must be completed by a third-party inspector. The Well #9 project includes several of these types of construction, including but not limited to: • Soil & foundation preparation • Reinforcing steel placement • Cast-in-place concrete • Structural steel welding • Fire-stopping materials MSA Professional Services, our architect/engineer on the Well #9 project, solicited proposals for the Special Inspections on our behalf. Their recommendation is attached hereto. These Special Inspections are eligible for Safe Drinking Water Loan Program funding. If the City Council concurs, the appropriate motion would be Approve the proposal from AET for Well #9 Special Inspections at a cost of $27,866 (roll call vote). 1230 SOUTH BOULEVARD, BARABOO, WI 53913 P (608) 356-2771 • TF (800) 362-4505 • F (608) 807-5148 WWW.MSA-PS.COM Page 1 of 1 \\msa-ps.com\fs\Project\05\05323\05323007\CONSTRUCTION\1_Well & Building\17-Special Inspections\05323007.1 Menomonie Phase 1 - Special Inspections Bid Recommendation.docx Memo To: David Schofield; City of Menomonie From: Jenna Springer, Brad Stuczynski; MSA Professional Services, Inc. Subject: Phase 1 Well and Building - Special Inspections Recommendation Date: May 12, 2026 Background The City of Menomonie Well 9 Phase 1 – Well and Building project is now required to include special inspections in accordance with the 2021 International Building Code (IBC), Chapter 17, as adopted by the State of Wisconsin under Administrative Code SPS 361 -366. The requirement is the result of a recent statewide code change. The State of Wisconsin adopted the 2021 IBC effective September 1, 2025 with enforcement for new projects beginning November 1, 2025. Prior to this adoption, Wisconsin did not require IBC Chapter 17 special inspections, and these comprehensive inspection services were not part of standard project scopes. The Well 9 Phase 1 project was substantially designed during 2025, prior to full implementation and enforcement of this new requirement. At that time, inclusion of special inspections was not anticipated or required under the applicable code framework. Due to project schedule constraints and regulatory deadlines related to DNR source capacity requirements, the project proceeded to bid in December 2025 to maintain compliance and avoid delays to critical infrastructure improvements. Following bidding and during coordination with regulatory agencies and the project team, it was confirmed that special inspections are required for this project under the updated code. As a result, these inspection services must now be hired by the City to ensure compliance with State requirements. Bid Solicitation Process In April 2026, MSA solicited proposals from five (5) qualified special inspect ion firms. These requests for proposals (RFPs) were sent to AET, Braun Intertec, Chosen Valley Testing (CVT), Intertek PSI Solutions, and Terracon. Out of the five RFPs, one (1) proposal was received , from AET. This was not unexpected due to the specialized work and recent code changes within the State of Wisconsin. Many firms are actively working on obtaining proper certifications to provide these services in the future. Recommendations MSA evaluated the proposal on behalf of the City of Menomonie and recommends retaining AET to provide special inspection services for the Menomonie Well 9 Phase 1 – Well and Building project in the total amount of $27,866.00. The proposed cost of the special inspections is in line with pricing from other recent projects. Although this represents additional project cost, these services are eligible for the Safe Drinking Water Loan funding. 1837 County Hwy OO | Chippewa Falls, WI 54729 Phone (715) 861-5045 | (800) 972-6364 | Fax (651) 659-1379 | teamAET.com | AA/EEO This document shall not be reproduced, except in full, without written approval from American Engineering Testing, Inc. May 5, 2026 MSA Professional Services 11 E. Marshall St. Rice Lake, WI 54868 Attn: Brad Stuczynski BStuczynski@msa-ps.com RE: Construction Testing Services Proposal Menomonie WTP Well #9 – Phase 1 Menomonie, Wisconsin AET Proposal No. P-0053061 Dear Mr. Stuczynski: American Engineering Testing, Inc. (AET) is pleased to offer construction testing services to MSA Professional Services for the referenced project. This proposal has been prepared in response to your recent request and describes our understanding of the project, our anticipated scope of services, our unit rates, and an estimated total fee to perform these services. GEOTECHNICAL INFORMATION A geotechnical exploration and analysis was performed for this project by Chosen Vally Testing (CVT). The results were presented in their Design Phase Geotechnical Evaluation, dated July 21,2025 (CVT Project No. 25712.25.WIL). In the report, the site soil profile is generalized as fill to depths of about 4 to 6 ½ feet. It was recommended in the report that the proposed building be supported by conventional spread footings after corrective earthwork to remove fill material to the underlying naturally deposited sand and sandstone. Refer to that report for more details regarding site conditions and recommendations. PROJECT INFORMATION We understand the proposed project will consist of the construction of a water treatment facility consisting of a treatment building, backwash detention tanks and associated utility lines. AVAILABLE BID INFORMATION Project documents provided to assist us in preparing this proposal included the following: • Project Plans dated February 4, 2026 • Project Manual dated February 2026 • Project Construction Schedule dated January 30, 2026 • Geotechnical Report dated July 21, 2025 MSA Professional Services Menomonie WTP Well 9 – Phase 1, Menomonie, WI May 5, 2026 AET Report No. P-0053061 Page 2 of 6 SCOPE OF SERVICES Based on discussions and our review of the available plans and specifications, our anticipated scope of services is outlined below. Excavation Observations and Soil Testing During excavation for the building and parking lots, a Senior Engineering Technician from our firm will visit the site on an on-call basis to perform the following services: • Observe the soils in the bottoms of the excavations completed at that time. • Perform shallow hand auger borings in the excavations. • Evaluate the suitability of the soils present in the excavations to support the anticipated fill, structural loads and pavements. • Document the elevations at various locations at the bottoms of the excavations. • Document that adequate oversizing of the excavations is provided to support lateral loads from the footings through the fill. During placement of fill in the building excavations, pavement excavations, and utility trench excavations, an experienced Engineering Technician will visit the site on an on-call basis to test the compaction of the fill. The technician will perform the following services: • In-place field density tests to evaluate the compaction of the fill soils using the nuclear density gauge. • Standard Proctor tests for each different type of fill encountered at the test locations. • Obtain samples of sand fill and/or aggregate base materials for sieve analysis tests. Any discrepancies or deficiencies that are observed will be brought to the attention of the contractor and/or their subcontractor. Daily reports of our observations will be available to the contractor and/or authorized personnel at the site. Concrete Testing Personnel from AET will perform testing of concrete on an on-call basis when requested by the contractor. These services will be performed by experienced, Engineering Technicians at the frequencies required by the project specifications. On site visits w hen we are observing reinforcing steel , we will have the same Engineering Technician remain at the site to perform testing of the concrete, thus reducing mobilization charges. Our services will include the following: • Document that the correct mix is delivered to the site by checking the delivery slips. • Test the slump of the plastic concrete delivered to the site. • Test the air content of the plastic concrete delivered to the site. • Measure the temperature of the plastic concrete delivered to the site. • Compare the test results to the requirements of the project specifications. Any discrepancies from the project specifications will be brought to the attention of the contractor and/or their subcontractor. Daily field reports of our observations and testing will be available to the contractor and other authorized personnel at the site. MSA Professional Services Menomonie WTP Well 9 – Phase 1, Menomonie, WI May 5, 2026 AET Report No. P-0053061 Page 3 of 6 During placement of the concrete, our Engineering Technicians will also cast test cylinders for compressive strength testing. Reinforcing Steel Observations Prior to placement of concrete AET will observe the mild reinforcing steel placed in the formwork for cast- in-place concrete elements for the building. These observations will be performed on an on-call basis by an experienced Engineering Technician II. While at the site, the AET personnel will perform the following services: • Review the most recent plans and specifications available at the jobsite. • Observe that the correct number, size, alignment, and spacing of the bars are provided for the structural elements observed. • Observe that the reinforcing steel bars are provided with the specified cover from formwork, the ground surface, and any future concrete elements. • Observe that the bars are free of dirt, rust, scale, ice, or other deleterious materials that will reduce adhesion to the concrete. • Observe that anchor bolts are installed in the concrete at the spacing indicated on the project plans. Any discrepancies or deficiencies that are observed will be brought to the attention of the contractor and/or their subcontractor. Daily reports of our observations will be available to the contractor and/or authorized personnel at the site. AET does not provide surveying services, therefore, our observations of the reinforcing steel will be based on the positioning of the formwork by the contractor and/or their subcontractors. We are not responsible for the exact locations of the formwork, structural bolts, or embedded items. Masonry Observations and Testing During construction, AET personnel will perform observations during masonry wall construction, as well as testing of mortar and grout (if required). Our observations and testing will be performed by an experienced Engineering Technician II on an on-call basis, and will include the following services: • Observe that the proper size units are used. • Observe that the units are clean, sound and dry when placed. • Observe that the masonry bearing surfaces are clean. • Observe the placement and alignment of vertical reinforcing bars and dowels, and document that the correct sizes of bars are used. • Observe the placement and alignment of horizontal reinforcing bars, and document that the correct sizes of bars are used. • Observe that the correct lengths of bar lap splices are provided. • Observe that the proper clearance is provided between the bars and the masonry units. • Observe the general construction practices, including compliance with proper cold or hot weather protection as required by the project specifications. Any discrepancies from the project specifications will be brought to the attention of the contractor and/or their subcontractor. Daily field reports of our observations and testing will be available to the contractor and other authorized site personnel. MSA Professional Services Menomonie WTP Well 9 – Phase 1, Menomonie, WI May 5, 2026 AET Report No. P-0053061 Page 4 of 6 We estimate that our technicians will make 4 site visits to conduct these observation and testing services. While at the site the Engineering Technician II will also sample the mortar and grout. The grout “prism” specimens will be cast for compressive strength testing according to IBC guidelines. One set of four grout “prisms” will be cast according to the testing frequency required by the project specifications. One of the “prisms” will be tested for compressive strength after 7 days and two will be tested after 28 days. The fourth specimen will be held for future testing, if required. AET personnel will cast 2-inch by 4-inch test cylinders (2" cubes) of the mortar being used. Each set will consist of three cylinders (cubes). One cylinder (cube) will be tested after 7 days, and one will be tested after 28 days. The third cylinder (cube) will be held for future testing, if required. The project specifications state that compressive strength testing must be conducted on one set of masonry block prisms cast from each size of block used during construction. Each set will include (# - minimum 3 at 28 days; more if earlier breaks required) prisms. The prisms will be fabricated at the site and returned to our laboratory for testing The testing will be performed in accordance with ASTM: C1314. Observations of Welded and Bolted Connections During erection of the structural steel frame, steel joists, and metal decking, AET will provide a Level II Engineering Technician (AWS Certified Welding Inspector) certified in accordance with ASNT to perform observations of the welded and bolted connections. These services will be performed on an on-call basis when requested by the contractor. Our services will include the following: • Observe bolted connections for compliance with Section 9a of the "Specification for Structural Joints using ASTM: A325 or ASTM: A490 Bolts" approved by the Research Council on Structural Connections. • Observe welded connections for compliance with the requirements of Section 6 (steel frame) of the AWS "Structural Welding Code" D1.1. Fillet welds will be visually observed for length, quality and suitability. Full or partial penetration welds will be tested by ultrasonic or magnetic particle methods. • Observe deck welds for compliance with the requirements of the AWS “Structural Welding Code” D1.3. • Observe deck fasteners to verify that the correct number and spacing is provided in accordance with the project specifications. • Observe and test the shear studs welds for suitability and quality in accordance with the requirements of AWS “Structural Welding Code” D1.1 – Section 7. Any deficiencies or deviations which are observed will be reported to personnel from the contractor and/or their subcontractor. We estimate a total of 3 site visits will be required to complete our observations of the welded and bolted connections on this project. Daily field reports of our observations and testing will be available to the contractor and other authorized site personnel. Fire Stopping Material Observations We will observe the installation of the fire stopping materials as they are being installed. These observations will be performed by a Staff Engineer on a will -call basis. While on the site, the Engineer will: MSA Professional Services Menomonie WTP Well 9 – Phase 1, Menomonie, WI May 5, 2026 AET Report No. P-0053061 Page 5 of 6 • Observe the installation of the firestop materials along the wall/floor joint, and the wall/ceiling joint. • Observe the installation of the mechanical and electrical penetration firestop materials. • Compare the products being installed to the details provided by the material supplier. We estimate a total of 2 site visits will be required to complete the fire stopping material observations for this project. Any deficiencies or deviations which are observed will be reported to contractor and/or their subcontractor. REPORTING Reports presenting the results of our observations and testing services will be provided periodically during the various phases of construction. At the completion of construction, we will issue a final report summarizing the results of all observations and testing services, if requested. ESTIMATED FEES Our services will be provided on a unit cost basis according to the unit rates provided in the attached Fee Schedule tabulation. Our monthly invoices will be determined by multiplying the number of personnel hours or tests by their respective unit rates. We have also estimated a total cost which we anticipate will be required to complete the previously described observations and testing services. This estimated total cost is based on our experience with similar projects and our conversations with MSA Prof essional Services. Our estimated total cost will be $ 27,866.00. We refer you to the attached Fee Schedule for an itemization of how we arrived at this estimated cost. We caution that this is only an estimated cost. Often, variations in the overall cost of the services occur due to reasons beyond our control, such as construction change orders, weather delays, changes in the contractor’s schedule, unforeseen conditions or retesting of services. These variations will affect the actual invoice totals, either increasing or decreasing our total costs for the project from those estimated in this proposal. If more time or tests are required, additional fees may be needed to complete the project testing services. If less time or tests are needed, a cost savings will be realized. We will not, however, exceed the estimated total cost for the project without first obtaining your authorization. TERMS AND CONDITIONS All AET Services are provided subject to the Terms and Conditions set forth in the enclosed Service Agreement—Terms and Conditions, which, upon acceptance of this proposal, are binding upon you as the Client requesting Services, and your successors, assignees, joint ventures and third- party beneficiaries. Please be advised that additional insured status is granted upon acceptance of the proposal. ACCEPTANCE AET requests written acceptance of this proposal in the Proposal Acceptance box below, but the following actions shall constitute your acceptance of this proposal together with the Terms and Conditions: 1) issuing an authorizing purchase order for any of t he Services described in this proposal, 2) authorizing AET’s presence on site, or 3) written or electronic notification for AET to proceed with any of the Services described in this proposal. Please indicate your acceptance of this proposal by signing bel ow and returning a copy to us. When you accept this proposal, you represent that you are authorized to accept on behalf of the Client. MSA Professional Services Menomonie WTP Well 9 – Phase 1, Menomonie, WI May 5, 2026 AET Report No. P-0053061 Page 6 of 6 GENERAL REMARKS AET appreciates the opportunity to provide this service for you and looks forward to working with you on this project. If you have any questions or need additional information, please contact me. Sincerely, American Engineering Testing, Inc. Prepared By: Brett Giebel Construction Materials Supervisor Phone: 715-450-6225 Email: bgiebel@teamAET.com Attachments: Fee Schedule Tabulation Construction Service Agreement – Terms and Conditions ACCEPTANCE AND AUTHORIZATION: AET Proposal No. P-0053061 SIGNATURE: PRINTED NAME: COMPANY: ADDRESS: PHONE NUMBER AND EMAIL: DATE: INVOICING INFORMATION (Provide Company AP Department Information, if present.) AP CONTACT NAME: BILLING/MAILING ADDRESS: AP PHONE NUMBER AND INVOICE EMAIL: P.O. NO./ PROJECT NO.: PROJECT TESTING SERVICES FEE SCHEDULE MENOMONIE WTP WELL #9 - PHASE 1 JOHN RUSSELL RD MENOMONIE, WI AET PROPOSAL No. P-0053061 UNIT BUDGET RATE AMOUNT Excavation Observations & Compaction Testing Excavation Observations - Engineer, Level I 12 Hour $160.00 $1,920.00 Soil Density Testing - Technician, Level II 32 Hour $103.00 $3,296.00 Billable Mileage 660 Mile $1.50 $990.00 Nuclear Density Gauge Rental - Daily 8 Day $85.00 $680.00 ASTM D698 Standard Proctor 3 Test $205.00 $615.00 ASTM C136 Sieve Analysis of Aggregate (Coarse and Fine) 2 Test $150.00 $300.00 ASTM C136 Sieve Analysis of Coarse Aggregate (Base Aggregate) 1 Test $180.00 $180.00 Section Subtotal: $7,981.00 Subgrade/Base Proof Roll Observations & Testing Subgrade/Base Proof Roll Observations & Testing - Engineer, Level I 6 Hour $160.00 $960.00 Billable Mileage 120 Mile $1.50 $180.00 Section Subtotal: $1,140.00 Reinforcing Steel Observations & Concrete Testing ICC Reinforcing Steel & Concrete Testing - ICC Certified Technician 40 Hour $113.00 $4,520.00 Concrete Cylinder Pickup - Technician, Level I 5 Hour $88.00 $440.00 Billable Mileage 780 Mile $1.50 $1,170.00 ASTM C39 Concrete Compressive Strength 4x8 / 6x12 Cylinder 40 Test $45.00 $1,800.00 Section Subtotal: $7,930.00 Masonry Observations & Testing Masonry and Grout Testing - Technician, Level II 12 Hour $103.00 $1,236.00 Masonry Sample Pickup - Technician, Level I 3 Hour $88.00 $264.00 Billable Mileage 420 Mile $1.50 $630.00 ASTM C1019 Sampling and Testing Grout - Each 4 Test $65.00 $260.00 ASTM C109 Mortar Cube Compressive Strength individual cube 4 Test $40.00 $160.00 ASTM C1314 Compressive Strength of Masonry Prisms, filled cells 3 Set $170.00 $510.00 Section Subtotal: $3,060.00 Non-Destructive Testing (NDT) Observations Structural Steel Observations - NDT Technician, CWI Certified, Level II/ICC 15 Hour $134.00 $2,010.00 Billable Mileage 390 Mile $1.50 $585.00 Section Subtotal: $2,595.00 Firestopping Inspection Firestopping Inspection - Engineer, Level I 12 Hour $160.00 $1,920.00 Personal or company vehicle mileage. 260 Mile $1.50 $390.00 Section Subtotal: $2,310.00 Project Management & Coordination Project Management - Engineer, Level I/Project Manager 15 Hour $160.00 $2,400.00 Project Administrator 5 Hour $90.00 $450.00 Billable Mileage 0 Mile $1.50 $0.00 Section Subtotal: $2,850.00 ESTIMATED SALES BUDGET $27,866.00 UNITS ESTIMATED SERVICE DESCRIPTION PROJECT BUDGET Page 1 of 1 ACS 403C (01/26) AMERICAN ENGINEERING TESTING, INC. SECTION 1 - RESPONSIBILITIES 1.1 – This Service Agreement – Terms and Conditions (“terms and conditions”) is applicable to all services ("Services") provided by American Engineering Testing, Inc. (AET). As used herein “Services” refer to the scope of Services described in the proposal submitted by AET to C lient. The proposal, these terms and conditions and any appendices attached hereto shall comprise the agreement ("Agreement") between AET and Client for Services described in the proposal and are binding upon the Client, its successors, assignees, joint ventures and third-party beneficiaries. AET requests written acceptance of the Agreement, but the following actions shall also constitute Client’s acceptance of the Agreement: 1) issuing an authorizing purchase order , task order, service order, or any other documentation for any of the Services, 2) authorizing AET’s presence on site, or 3) written or electronic notification for AET to proceed with any of the Services. Issuance of a purchase order , task order or service order by Client which contains separate terms and conditions will not take precedence or modify the terms and conditions contained in this Service Agreement AND THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT AND ANY CORRESPONDING PROPOSAL ISSUED BY AET SHALL GOVERN UNLESS AUTHORIZED IN WRITING IN ADVANCE BY AET. 1.2 - Prior to AET performing Services, Client will provide AET with all information that may affect the cost, progress, safety and performance of the Services. This includes, but is not limited to, information on proposed and existing construction, all perti nent sections of contracts between Client and their client and/or Owner which contain flow -down provisions to AET , if they are included , site safety plans or other documents which may control or affect AET's Services. If new information becomes availabl e or changes are made during AET's Services, Client will provide such information to AET in a timely manner. Failure of Client to timely notify AET of changes to the project including, but not limited to, location, elev ation, loading, or configuration of the structure or improvement will constitute a release of any liability of AET. Client will provide a representative for timely answers to project-related questions by AET. 1.3 - AET observes and tests earthwork and other construction operations and materials, and may provide opinions, conclusions and r ecommendations regarding the same. However, AET’s Services do not relieve the contractors of their contractual responsibility to perform their work in accordance with approved plans, specifications and building code requirements. 1.4 - AET personnel do not have authority to accept, reject, direct or otherwise approve the work of the contractor. AET cannot sto p work or waive or alter the requirements of the project documents. Any authority given to AET by Client must be in writing prior to the start of Services. 1.5 - AET does not perform construction management, general contracting or surveying services and our involvement with the project does not constitute any assumption of those responsibilities. 1.6 - Services performed by AET often include sampling at specific locations. Client acknowledges the limitations inherent in sampl ing. Variations in conditions occur between and beyond sampled/tested locations. The passage of time, natural occurrences and direct or indirect human activities at the site or distant from it may alter the actual conditions. Client assumes all risks associated with such variations. 1.7 - AET is not responsible for interpretations or modifications of AET's recommendations by other persons. 1.8 - Should change in conditions be alleged, Client agrees to notify AET before evidence of alleged change is no longer accessible for evaluation. 1.9 - Test borings and/or cone penetration test soundings to a proper depth below foundation grade and the base of suitable bearing soils are recommended to explore the deeper unseen soil and ground water conditions. Judgments made by AET personnel regarding the suitability of materials and ground water conditions below the bottom of an excavation are limited if sufficiently deep test borings/soundings are not provided by the Client prior to our observations and judgments. AET’s opinions, conclusions and recommendations are qualified to that extent. 1.10 – Pricing in the proposal assumes use of these terms and conditions. AET reserves the right to amend pricing if Client requests modifications to the Agreement or use of Client’s alternate contract format. Any contract amendments made after Client has authorized the Services shall be applicable only to Services performed after the effective date of such amendment. The proposal and these terms and conditions, including terms of payment, shall apply to all Services performed prior to the effective date of such amendment. 1.11 – The AET proposal accompanying these terms and conditions is valid for thirty (30) days after the proposal issuance date to the Client. Any attempt to authorize Services after the expiration date is subject to AET’s right to revise the proposal as necessary. SECTION 2 – ON CALL SERVICES 2.1 - If AET’s Services are performed on an on-call basis at the direction of the Client or its authorized representatives, Client acknowledges the inherent limitations associated with performing engineering judgments and testing Services on a n on-call basis, including without limitation, the inability to completely evaluate, document or judge work and conditions not directly observed or tested by AET. AET’s opinions, conclusions, and recommendations are qualified to the extent of those limitations. 2.2 - Density tests of fill soils represent conditions only at the locations and elevations tested and do not necessarily represent conditions laterally, above or below. AET can only provide judgments regarding the engineered fill system to adequately support the design construction loadings by monitoring the filling process on a continuous basis for consistency of soil type, moisture content, lift thickness, and compaction effort. 2.3 – AET requires a minimum of 24 hours’ notice of the need for Services. AET will not be liable for claims, damages, or delays related to failure of Client to provide adequate advance notice to AET. SECTION 3 - SAFETY 3.1 - Client shall inform AET of any known or suspected hazardous materials or unsafe conditions at the site. Client or its authori zed representative(s) is responsible for the safety of the jobsite. If, during the course of AET's Services, such materials or conditions are discovered, AET reserves the right to take measures to protect AET personnel and equipment or to immediately terminate Services. Client shall be responsible for payment of such additiona l protection costs. 3.2 - AET shall only be responsible for safety of AET employees at the site; the safety of all others shall be Client's or other persons' responsibility. SECTION 4 - SAMPLES 4.1 - Client shall inform AET of any known or suspected hazardous materials prior to submittal to AET. All samples obtained by or submitted to AET remain the property of the Client during and after the Services. Any known or suspected hazardous material sampl es will be returned to the Client at AET's discretion. ACS 403C (01/26) AMERICAN ENGINEERING TESTING, INC. 4.2 - Non-hazardous samples will be held for thirty (30) days and then discarded unless, within thirty (30) days of the report date, th e Client requests in writing that AET store or ship the samples. Storage and shipping costs shall be borne solely by Client. SECTION 5 - PROJECT RECORDS The original project records prepared by AET will remain the property of AET. AET shall retain these original records for a minimum of three years following submission of the report, during which period the project records can be made available to Client at AET's office at reasonable times. SECTION 6 - STANDARD OF CARE AET performs its Services consistent with the level of care and skill normally performed by other firms in the profession at the time of this service and in this geographic area, under similar budgetary constraints. SECTION 7 - INSURANCE AET maintains insurance with coverage and minimum limits shown below. AET will furnish certificates of insurance to Client upon request. 7.1 – Workers’ Compensation Statutory Limits Employer’s Liability $100,000 each accident $500,000 disease policy limit $100,000 disease each employee Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident Professional/Pollution Liability Insurance $1,000,000 per claim $1,000,000 aggregate 7.2 - Commercial General Liability insurance will include coverage for Products/Completed Operations extending one (1) year after completion of AET’s Services as outlined in our proposal, Property Damage, Personal Injury, and Contractual Liability coverage applicable to AET's indemnity obligations under this Agreement. 7.3 - Automobile Liability insurance shall include coverage for all owned, hired and non-owned automobiles. 7.4 - Professional/Pollution Liability Insurance is written on a claims -made basis and coverage will be maintained for one (1) year after completion of AET’s Services as outlined in our proposal. Renewal policies during this period shall maintain the same retroactive date. 7.5 - To the extent permitted by applicable state law, and upon Client’s signing of the proposal, which includes these Terms and Conditions, and return of the same to AET, or Client provided forms of acceptance as defined in Section 1.1; Client and Owner shall be named an “additional insured” on AET’s Commercial General Liability Policy (Form CG D4 14, which includes blanket coverage for the Additional Insured on a Primary and Non-Contributory basis). Client and Owner shall also be named an "additional insured" on a Primary and Non-contributory basis on AET's Automobile Liability Policy (Form CA T4 74). Any other endorsement, coverage or policy requirement may result in additional charges. 7.6 - AET will maintain insurance coverage required by this Agreement at its sole expense, provided such insurance is reasonably available, with insurance carriers licensed to do business in the state in which the project is located and having a current A.M. Best rating of no less than A minus (A-). Such insurance shall provide for thirty (30) days prior written notice to Client for notice of cancellation or material limitations for the policy or ten (10) days' notice for non-payment of premium. 7.7 - AET reserves the right to charge Client for AET’s costs for additional coverage requirements unknown on the date of the propo sal, e.g., coverage limits or policy modification including waiver of subrogation, additional insured endorsements and other project specific requirements. SECTION 8 - DELAYS If delays to AET's Services are caused by Client or Owner, other parties, strikes, natural causes, pandemic, weather, or other items beyond AET's control, a reasonable time extension for performance of the Services shall be granted, and AET shall receive an equitable fee adjustment. SECTION 9- PAYMENT, INTEREST AND BREACH 9.1 - Invoices are due net thirty (30) days from the date of receipt of an undisputed invoice. Invoices will be paid without reductions for bond or retention. Client will inform AET of invoice questions or disagreements within fifteen (15) days of invoice date; unless so informed, invoices are deemed correct. 9.2 – Invoices remaining unpaid for sixty (60) days shall constitute a material breach of this Agreement, permitting AET, in its sole discretion and without limiting any other legal or equitable remedies for such breach, to terminate performance of this Agree ment and be relieved of any associated duties to the Client or other persons. Further, AET may withhold from Client data and reports in AET’s possession. If Client fails to c ure such breach, all reports associated with the unpaid invoices shall immediat ely upon demand be returned to AET and Client may neither use nor rely upon such reports or the Services. 9.3 – AET reserves the right to pursue any unpaid invoice utilizing available remedies at law. AET explicitly reserves its Mechanic Lien or Bond Claim rights for nonpayment of an undisputed invoice. Client is responsible for paying AET expenses and attorney fees related to collection of past due invoices. 9.4 – AET reserves the right to charge a 2.5% fee on any payment made using a credit card or debit card. ACS 403C (01/26) AMERICAN ENGINEERING TESTING, INC. SECTION 10 - CHANGE ORDERS AET's proposal associated with this project may provide an estimated cost for the work. If the proposal amount is a time and material estimate, or if changes occur affecting the project scope, estimated quantities, project schedule or other unforeseen conditions, AET will communicate with Client and request a change order. However, nothing in this agreement shall be construed in any way as a waiver of payment by Client to AET for Services authorized under this agreement. Approval of a change order may be in writing, by electronic communication, or any directive for additional Services. SECTION 11 - MEDIATION 11.1 - Except for enforcement of AET’s rights to payment for Services rendered or to assert and/or enforce its lien rights, includin g without limitation assertion and enforcement of mechanic’s lien rights and foreclosure of the same, Client and AET agree that any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to arbitration or the inst itution of legal or equitable proceedings by either party; provided however that if either party fails to respond to a request for mediation within sixty (60) days, the party requesting mediation may without further notice, proceed to arbitration or the institution of legal or equitable proceedings. 11.2 - Mediation shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association. Requ est for mediation shall be in writing and the parties shall share the mediator’s f ee and any filing fees equally and each party shall pay their own legal fees . The mediator shall be acceptable to both parties and shall have experience in commercial construction matters. SECTION 12 - LITIGATION REIMBURSEMENT Except for matters relating to non-payment of fees, which is governed by Section 10 hereof, payment of attorney’s fees and costs associated with lawsuits or arbitration of disputes between AET and Client, which are dismissed or are judged substantially in either party's favor, shall be paid by the non-prevailing party. Applicable costs include, but are not limited to, attorney and expert witness fees, court costs, and other direct costs. SECTION 13 - MUTUAL INDEMNIFICATION 13.1 - Subject to the limitations contained in Sections 14 and 17, AET agrees to indemnify Client from and against damages and costs to the extent caused by AET's negligent performance of the Services. 13.2 - Client agrees to indemnify AET from and against damages and costs to the extent caused by the intentional acts or negligence of the Client, Owner, Client's contractors and subcontractors or other third parties. 13.3 - If Client has an indemnity agreement with other persons or entities relating to the project for which AET’s Services are perf ormed, the Client shall include AET as an Additional Insured. 13.4 - AET's indemnification to the Client, including any indemnity required or implied by law, is limited solely to losses or damag es caused by its failure to meet the standard of care and only to the extent of its negligence. SECTION 14 - NON-SOLICITATION Each party to this Agreement (a “Party”) agrees that it will not encourage, induce, or actively solicit any employee of the o ther party to leave their employment for any reason, provided that neither Party is precluded from (a) hiring any such employee who has been terminated by a Party or its subsidiaries prior to commencement of employment discussions between a Party and such employee, or (b) soliciting any such employee by means of a general advertisement or through an employment agency that does not specifically pursue the employee, or (c) hiring employees or former employees of the other Party who contact the Party on its own accord. This Non-Solicitation provision shall be effective and enforceable for six (6) months following termination of this Agreement. SECTION 15- MUTUAL WAIVER OF CONSEQUENTIAL DAMAGES Except as specifically set forth herein and to the extent permitted by applicable law, Client and AET waive against each other, and each other’s officers, directors, members, subcontractor, agents, assigns, successors, partners, and employees any and all claims for or entitlement to special, incidental, indirect, punitive, or consequential damages arising out of, resulting from, or in any way related to the Services provided by AET under this Agreement. This mutual waiver of consequential damages includes, but is not limited to, the following: loss of profits; loss of revenue; rental costs/expenses incurred; loss of income; loss of use of property, equipment, materials or services; loss of opportunity; loss of rent; loss of good will; loss of financing; loss of credit; diminution of value; loss of business and reputation; loss of management or employee productivity or the services of such persons; increased financing costs; cost of substitute facilities; cost of substitute goods/property/equipment; cost of substitute services; and/or cost of capital. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination of this Agreement in accordance with the provisions of the Agreement and related documents and shall survive any such termination. SECTION 16 - LIMITATION OF LIABILITY To the fullest extent permitted by applicable law, the total aggregate liability of AET and its officers, directors, partners, employees, subcontractors, agents, and sub-consultants, to Client and/or Client’s employees, officers, directors, members, agents, assigns, successors, or partners, or anyone claiming through Client, for any and all injuries, damages, claims, losses, or expenses (including attorney’s fees and costs) arising out of, resultin g from or in any way related to Services provided by AET from any cause or causes, including, but not limited to, its negligence, professional errors and o missions, strict liability, breach of contract, or breach of warranty shall not exceed the total compensation in excess of costs received by A ET for Services or $50,000, whichever is less. The limitation of liability set forth herein does not apply to claims arising solely out of or related to the willful or intentional acts of AET. SECTION 17 - POSTING OF NOTICES ON EMPLOYEE RIGHTS Effective June 21, 2010, prime contracts with a value of $100,000 or more and signed by federal contractors on projects with any agency of the United States government must comply with 29 CFR Part 471, which requires physical posting of a notice to employees of their rights under Federal labor laws. The required notice may be found at 29 Code of Federal Regulations Part 471, Appendix A to Subpart A. The regulation also has a "flow-down" requirement for subcontractors under the prime agreement for subcontracts with a value of $10,000 or more. AET requires strict compliance of its subcontractors working on federal contracts subject to this regulation. The regulation has specific requirements for location of posting and language(s) for the poster. ACS 403C (01/26) AMERICAN ENGINEERING TESTING, INC. SECTION 18 - TERMINATION After 7 days' written notice, either party may elect to terminate work for justifiable reasons. In this event, the Client shall pay AET for all Services performed, including demobilization and reporting costs to complete the Services. SECTION 19 - SEVERABILITY Any provisions of this Agreement later held to violate a law or regulation shall be deemed void, and all remaining provisions shall continue in force. However, Client and AET will in good faith attempt to replace an invalid or unenforceable provision with one that is valid and enforceable, and which comes as close as possible to expressing the intent of the original provision. SECTION 20 - GOVERNING LAW This Agreement shall be construed in accordance with the Laws of the State of Minnesota without regard to its conflicts of law provisions. SECTION 21 - ENTIRE AGREEMENT This Agreement, including these terms and conditions and attached proposal and appendices, is the entire agreement between AET and Client. Regardless of method of acceptance of this Agreement by the Client, this Agreement supersedes any written or oral agreements, including purchase/work orders or other Client agreements submitted to AET after the start of our Services. Any modifications to this Agreement must be mutually acceptable to both parties and accepted in writing. No considerations will be given to revisions to AET's terms and conditions or alternate contract format submitted by the Client as a condition for payment of AET's accrued Services. SECTION 22 - SITE ACCESS, UNDERGROUND FACILITIES AND CONSTRUCTION STAKING (CONSTRUCTION) 22.1 - Client will furnish AET safe and legal site access. 22.2 – With the exception of public utilities which AET will contact state “call before you dig” notification centers (e.g. Gopher State One call in Minnesota), Client will mark or cause to be marked the location of all other underground utilities and structures (Facilities) that service or are located on the site. AET shall be entitled to rely upon the accuracy of all location information supplied by any source. 22.3 – Client shall hold harmless, indemnify and defend AET from all claims, damages, losses, fines, penalties and expenses (including attorney’s fees) arising out of or related to the following: a) Facilities that are not shown or vary from the locations shown on any plans or drawings, b) Facilities that are not located by or vary from the locations marked by Client, governmental or quasi-governmental locator programs, or private utility locating services, or c) any other Facilities that are not disclosed or vary from locations provided by the Client. The obligation to defend AET shall be independent of the obligation to indemnify and hold harmless AET and shall be with independent counsel acceptable to AET. 22.4 - The location and elevation of a proposed structure or facility shall be staked (with offsets) and controlled by surveying or GPS equipment by others. AET’s measurements are made in relation to that information. The reliability of any opinions, conclusio ns, and recommendations based on those measurements is strictly dependent on the accuracy of the staking or GPS information provided by others. 22.5 - During construction, observations and testing Services are based on the positioning of the formwork by the contractor or its subcontractor. AET will not be responsible for any errors or damages resulting from improper location or positioning of the formwork. 22.6 – Client acknowledges that in the normal course of it Services, AET may unavoidably alter existing site conditions or affect th e environment in the are being studied. AET will take reasonable precautions to minimize alterations to the site or existing materials. Restoration of the site is the responsibility of the Client. SECTION 23 UNDERGROUND UTILITIES AND STRUCTURES AND FACILITIES (GEOTECH) 23.1 – Public Utilities: AET’s sole responsibility under this section will be to contact the state “call before you dig” notification center (e.g. Gopher State One Call in Minnesota), if such an entity exists, for location information of public utilities only. AET shall have no obligation to proceed with the work until Client has fully complied with all the requirements of this Section 23. 23.2 – Private Utilities and all other Equipment or Facilities: Client will mark or cause to be marked the location of all other Facilities, Equipment and/or Utilities that service or are located on the site including but not limited to private utilities. AET shall be entitled to rely upon the accuracy of all location information supplied by any source including the Client. 23.3 - Client acknowledges that location data may be incorrect or that some Facilities, Equipment or Utilities may not be capable of location and Client fully acknowledges and accepts this risk and waives any claims against AET for damages or claims arising out of or in any way related to incorrect locations of Utilities, Equipment or Facilities incapable of location. 23.4 - Client shall waive as against AET and further hold harmless, indemnify and defend AET from all claims, damages, losses, fines, penalties and expenses (including attorney’s fees) by any third parties arising out of or related to the following: a) Facilities and utilities that are not shown or vary from the locations shown on any plans or drawings, b) Facilities and utilities that are not located by or vary from the locations marked by Client, governmental or quasi-governmental locator programs, or private utility locating services, or c) any other Facilities or utilities that are not disclosed or vary from locations provided by the Client. The obligation to defend AET shall be independent of the obligation to indemnify and hold harmless AE T and shall b e with independent counsel acceptable to AET. Dunn County, WI 2026 Claims Description Total Invoice Amt Overdrawn U S POSTAL SERVICE POSTAGE: MAYOR & COMMUNITY DEVELOPMENT $262.22 $16.28 Total $262.22 $16.28 Parking Utility Claims 2026 Description Total Invoice CLANCY SYSTEMS INTERNATIONALPARKING FUND - OPER SUP & EXP $2,250.00 $2,250.00 IPS GROUP INC PARKING FUND - COMPUTER/SOFTWARE EXPENSE $837.10 $837.10 CITY TREASURER SALES TAX EXPENSE $352.95 $352.95 Total $3,440.05 $3,440.05 DATE LIST PROVIDED: **REVISED - DATE: MAY 18TH, 2026 COUNCIL CLAIMS Wednesday, May 13, 2026 CITY OF MENOMONIE COUNCIL MEETING LICENSES – May 18, 2026 RENEWALS FOR LICENSE YEAR – 2026-2027 (expires June 30, 2027) CLASS “A” BEER/ “CLASS A” LIQUOR CIDER ONLY: 314 Gas, Inc. (Freedom Menomonie – 2020 Broadway St. S.); Corner Store MN, LLC (Corner Store – 2302 Broadway St. S.); Kwik Trip, Inc. (Kwik Trip #164 – 2008 Stout Rd.); Kwik Trip, Inc. (Kwik Trip #498 – 1213 Broadway St. S.); Kwik Trip, Inc. (Kwik Trip #674 – 6107 3M Dr.); “CLASS A” LIQUOR & CLASS “A” BEER: Coborn’s, Inc. (Marketplace Foods #2582 – 207 Pine Ave. W.); DeVine Liquors of Menomonie, LLC (DeVine Liquor – 116 11th Ave. W.); Junction Liquor, LLC (Junction Liquor – 2521 Hils Ct., Ste. F); Kwik Trip, Inc. (Kwik Trip #593 – 319 Oak Ave W); The Menomonie Food Co-op (Menomonie Market Food Co-op – 814 Main St. E.); “CLASS B” LIQUOR & CLASS “B” BEER: Apple Minnesota, LLC (Applebee’s Neighborhood Bar & Grill – 2203 State Hwy. 25 N.); B California Nuñez, LLC (B California – 334 Main St. E.); Braun Hospitality WI, LLC (The Abbey Pub & Grub – 414 Main Street East); Cancun Mendez Nuñez, LLC (Los Cabos Mexican Grill – 2401 State Hwy. 25 N., Ste. 2); Castro Corp (La Santa – 336 Main St. E.); Dunn County Fish & Game Association (Dunn County Fish & Game Club – 1600 Pine Ave. E.); Eaglewood Golf, LLC (Tanglewood Greens – 2200 Crestwood Dr.); Gruetzomatic, LLC (Silver Dollar Saloon & Taphouse – 315 & 321 Main St. E.); Hostetter Pub, LLC (Hoss’s Pub – 516 Broadway Street Stout); PLM, LLC (Shoe’s Pub – 1321 Broadway St. N.); Olde Towne Menomonie, LLC (Olde Towne Menomonie – 903 Cedar Falls Rd.); RJG Restaurants, LLC (The Great Escape – 2909 Bongey Dr.); RTJJ, LLC (The Arena – 619 Broadway St. S.); Mabel Tainter Literary, Library & Educational Society (Mabel Tainter Center for the Arts – 205 Main St. E.); TJ Tavern, LLC (Tom N Jo’s – 1401 Tainter St.); CLASS “B” BEER: Northfield Restaurant Corp. (Pizza Hut – 2307 Hwy 25 N); CLASS “B” BEER & “CLASS C” WINE: G & P Pizza, Inc. (Ted’s Pizza Palace – 306 Main St. E.); BOARDING KENNEL: Canine Comfort Inn (Tracey Labus – 2600 Broadway St. S.); PET SHOP: Canine Comfort Inn (Tracey Labus – 2600 Broadway St. S.); GROOMING SHOP: Canine Comfort Inn (Tracey Labus – 2600 Broadway St. S.); Sun Spot Pet Grooming (Kayla Swenson – 2219 Broadway St S.); TAXI CAB/ VEHICLE FOR HIRE: Rose NEMT, LLC (Tiffany Turner – 304 Moundsview Ct., Elk Mound, WI 54739); MASSAGE THERAPY FACILITY: Menomonie Health & Natural Wellness, LLC (Mary Beth Lvoncek – 201 14th St. NE); TOBACCO: 314 Gas, Inc. (Freedom Menomonie – 2020 Broadway St. S.); A&Y Trades, Inc. (Smokedale Tobacco – 2521 Hils Ct., Ste. D); Amwest, Inc. (Bob & Steve’s BP – 1501 9th St. E.); Braun Hospitality WI, LLC (The Abbey Pub & Grub – 414 Main Street East); CAPL Retail, LLC (Express Lane #2301 – 1805 Broadway St. N.); Coborn’s, Inc. (Marketplace Foods #2582 – 207 Pine Ave. W.); Corner Store MN, LLC (Corner Store – 2302 Broadway St. S.); Fleet Farm Group, LLC (Fleet Farm – 2003 US Hwy. 12); Hooka Zone, LLC (Azara – 1400 N. Broadway St); Junction Liquor, LLC (Junction Liquor – 2521 Hils Ct., Ste. F); Kwik Trip, Inc. (Kwik Trip #164 – 2008 Stout Rd.); Kwik Trip, Inc (Kwik Trip #498 – 1213 Broadway St. S.); Kwik Trip, Inc. (Kwik Trip #593 – 319 Oak Ave. W.); Kwik Trip, Inc (Kwik Trip #674 – 6107 3M Dr.); RTJJ, LLC (The Arena – 619 Broadway St. S.); Walgreen Co. (Walgreens #09514 – 121 Pine Ave. W.); CABARET LICENSE: Braun Hospitality WI, LLC (The Abbey Pub & Grub – 414 Main Street East); Castro Corp (La Santa – 336 Main St. E.); Dunn County Fish & Game Association (Dunn County Fish & Game Club – 1600 Pine Ave. E.); PLM, LLC (Shoe’s Pub – 1321 Broadway St. N.); Olde Towne Menomonie, LLC (Olde Towne Menomonie – 903 Cedar Falls Rd.); Stout Ale House of Menomonie, Inc. (Stout Craft Co. – 1501 Broadway St. N.); RENEWALS FOR LICENSE YEAR – 2026-2027 (expires March 31, 2027) MOBILE FOOD UNIT VENDOR: Grandpa’s Ice Cream Truck (Peter Wang – N7635 800th St., Colfax, WI 54730); Chippewa Valley BBQ (Travis Joncas – 1720 4th Ave N., Menomonie, WI, 54751); Mike’s Gyros (Michael Sand – 326 Woodworth St., Elmwood, WI, 54746); Tasty Trolley (Adam Potapenko – 1830 17th Ave, Bloomer, WI, 54724); 5/13/26