HomeMy WebLinkAboutCity Council Packet 02-23-2016Regular Council Meeting 1 of 3 February 23, 2016
RECAP AGENDA)
CITY OF PLYMOUTH
AGENDA
REGULAR COUNCIL MEETING
FEBRUARY 23, 2016, 7:00 p.m.
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. PLYMOUTH FORUM—Individuals may address the Council about any item not
contained on the regular agenda. A maximum of 15 minutes is allotted for the Forum. If the full
15 minutes are not needed for the Forum, the City Council will continue with the agenda. The
City Council will take no official action on items discussed at the Forum, with the exception of
referral to staff or Commission for future report.
4. PRESENTATIONS AND PUBLIC INFORMATION ANNOUNCEMENTS
5. APPROVE AGENDA—Councilmembers may add items to the agenda including items
contained in the Council Information Memorandum for discussion purposes or staff direction
only. The Council will not normally take official action on items added to the agenda.
6. CONSENT AGENDA—These items are considered to be routine and will be enacted by
one motion. There will be no separate discussion of these items unless a Councilmember or
citizen so requests, in which event the item will be removed from the Consent Agenda and placed
elsewhere on the agenda. (Approved)
6.01 Approve proposed City Council Minutes
6.02 Approve disbursements (Res2016-043)
6.03 Approve application of Supervalu, Inc. for Tobacco License at Rainbow Foods,
16705 County Road 24 (Res2016-044)
6.04 Approve purchase of replacement jetter/sewer vacuum and hydro excavation
unit (Res2016-045)
6.05 Approve master subscriber agreement with the Minnesota Judicial Board for
access to Minnesota Court Information System (Res2016-046)
Regular Council Meeting 2 of 3 February 23, 2016
6.06 Approve plans and specifications and order advertisement for bids for 2016
Sanitary Sewer Lining project (16009 – Res2016-047)
6.07 Award contract for 2016 Street Sweeping Program (16013 – Res2016-048)
6.08 Approve Temporary On-Sale Liquor application for the Plymouth Arts Council
Res2016-049)
6.09 Approve name of neighborhood park (Aspen Ridge) by Aspen Hollow
development (Res2016-050)
6.10 Accept Parks and Recreation Advisory Commission’s 2016 Work Plan
6.11 Accept Planning Commission’s 2016 Work Plan
6.12 Award contract for Parkers Lake tennis court rehabilitation project (40059 –
Res2016-051)
6.13 Adopt Ordinance amending Section 1016 of the City Code concerning fees at
the Plymouth Creek Center Fieldhouse (Ord2016-03, Res2016-052)
6.14 Adopt Ordinance amending Section 1016 of the City Code concerning fees at
Millennium Garden and Plymouth Creek Center and amendments to
Millennium Garden and Plymouth Creek Center Policies (Ord2016-04,
Res2016-053, Res2016-054)
6.15 (Item was removed from the Consent Agenda and placed under General
Business as item No. 8.03)
6.16 Approve asphalt bid for park trails, parking lots and hardscape surface repairs
for 2016 and 2017 (Res2016-055)
7. PUBLIC HEARINGS
8. GENERAL BUSINESS
Regular Council Meeting 3 of 3 February 23, 2016
8.01 Consider parking lot improvements at Plymouth Ice Center and Life Time
Fitness (40044 – Res2016-056) (Approved)
8.02 Consider approving agreements with Xcel Energy, State of Minnesota and
Canadian Pacific Railway and awarding contract for the Vicksburg Lane
reconstruction and expansion project (16001 – Res2016-057, Res2016-058)
Approved)
8.03 Consider updated Utility Trunk Fund Study and Ordinance Amending Section
1015.19 of the City Code regarding Water and Sewer Area and Connection
REC) charges (Ord2016-05, Res2016-059) (previously item No. 6.15)
Approved)
9. REPORTS AND STAFF RECOMMENDATIONS
10. ADJOURNMENT
February 23, 2016 — Presented to Plymouth City Council
Mayor Slavik, Council Members Johnson, Carroll, Willis, Wosje, Prom and Beard:
My name is David Christopherson. Almost ten years ago my wife and I moved to 4175 Yuma Lane
North ... on the south side of ... and facing Old Rockford Road, three blocks west of Vicksburg.
For the past nine years I've been serving on the Board of Directors and as Treasurer of Summer
Creek Homeowner Association.
Twelve days ago I and three other association members attended an Open House hosted by
Director of Parks & Recreation, Diane Evans, to learn about the proposed trail expansion along Old
Rockford Road. We had the opportunity to speak then with Council Member Ned Carroll, and with
PRAC Commissioners Greg Anderson and Tricia DeBleekere. At the Parks and Recreation
Commission meeting that followed the Open House, the Vice President of our HOA, Carmen
Castaneda, spoke for all of us; and the next day, February 12`h, I sent an e-mail to Director Evans,
Commissioners Anderson and DeBleekere, and to Council Member Carroll.
The gist of that e-mail, that echoed the sentiments expressed orally by Vice President Castaneda
the night before, were:
1) All the owners of the 11 townhomes in our association believe that the Old Rockford Road
trail extension could be an excellent addition. In particular, our residents would value
greatly a new way to cross safely from Yuma Lane to Xene without having to walk on the
extremely narrow gravel shoulder of the Old Rockford Road Bridge that spans a creek.
2) However, unless significant modifications are made to the plan being proposed, we fear
that we will lose the privacy, safety, beauty, road -noise -abatement, and dust -mitigation
benefits that we now enjoy. Specifically, along the south side of Old Rockford Road —
extending 75 yards westerly from the western edge of Yuma Lane — are now growing: six
legacy spruce trees, averaging more than 40 feet in height; two jack -pine trees averaging
50 feet in height; two medium-sized spruce trees that our association's members planted
eight years ago; and three small 8 -foot spruce trees that we planted last fall.
3) Even though we understand that some of these trees may not fall entirely within the
boundaries of Summer Creek's out -lot, over the past ten years we have tended to all these
trees with special care, since we view them as being among our community's most valuable
assets. We have planted, treated, pruned, wrapped, mulched, and watered them — both by
hand and with our underground sprinkler system, spending thousands of dollars on
them. All the while we have also kept the boulevard between Old Rockford Road and our
private road weed -free, fertilized, and well -manicured.
4) We were particularly gratified on February 11th to hear Director Evans express her
personal interest in preserving as many trees as possible. Also, during both the Open
House and the PRAC meeting that evening, it gave us hope to hear from Commissioners
Anderson and DeBleeckere that they thought that modifications to at least portions of the
75 -yard stretch of the planned trail (that would run directly in front of the front -doors, front -
patios, kitchens, and upstairs bedrooms of five of our 11 homes) should be
considered. Among the potential accommodations I heard discussed during the open
house were:
a. - seeking a variance from Hennepin County to narrow a small portion of
the new trail that we learned now calls for a 92-foof width;
using lighter weight grading equipment to preserve as many of our trees
as possible;
c. - pruning off the bottom 10 feet of the limbs on the northern sides of the
legacy spruce trees;
d. - transplanting the smaller trees farther away from Old Rockford Road;
e. - adding new trees and/or a fence or wall, and
f. - shifting a small portion of Old Rockford Road a few feet to the north
during the resurfacing work that is also planned also for this summer.
That kind of creative thinking might lead to solutions that could save the City of Plymouth money
on this project. And I hoped that accommodations could minimize the loss in market values we
expect will be incurred by not only our five homes closest to Old Rockford Road, but even by the
other six homes in our association, if we lost most of our trees.
However, last Thursday, February 18th, City of Plymouth Forester Paul Buck visited with our HOA's
Vice President Castaneda. He told her that the worst-case scenario we had seen depicted at the
Open House on the 11 th was no longer the absolute worst possible case, saying that we would now
have to lose not only all the trees depicted on the map we saw, but also all of the beautiful 25 -foot
maple trees that line our private road. These lie closest to our homes, are farthest away from Old
Rockford Road, and fall unquestionably within the boundaries of Summer Creek HOA. He noted
that our homes would, unfortunately, be the most negatively impacted ones under the latest trail -
expansion plan being proposed.
Mr. Buck said that we should tour a site along Lancaster Lane near Rockford Road and Highway
169 to see what might be planned for us. My wife and I drove past that area this past weekend.
Because it is set back a long way from Rockford Road, its sparsely populated small deciduous and
conifer plantings might work there (even though they look scrawny and cheap to me, after three
years of growth). A similar planting plan for our area west of Vicksburg would be completely
unsuitable for the 75 -yard stretch in front of our properties that lie so close to a busy road.
So I respectfully make three requests of the Council before any plan for the Old Rockford
Road trail expansion is finalized and approved:
1) Send to Summer Creek HOA as soon as possible all legal documents and
detailed maps that the City believes establish its limits and boundaries of
authority to build a trail extension in front of our homes along Old Rockford
Road.
2) Ask the City Engineer, as well as the City Forester and Hennepin County, to work
with us to come up with a new plan to minimize our losses.
3) Give us written assurance that the walking path across the creek that runs
between Yuma Lane and Xene will be completed before any tree -removal or
construction begins along the 75 -yard stretch of property in front of our homes.
Thank yo for your most thoughtful and caring consideration.
David L. Christopherson, Treasurer — Summer Creek HOA
4175 Yuma Lane North
Plymouth, MN 55446
summercreekhomeowners(a-.gmail.com
612) 578-4732
Proposed Minutes Page 1 of 5 Regular Meeting of February 9, 2016
Proposed Minutes
Regular City Council Meeting
February 9, 2016
Mayor Slavik called a Regular Meeting of the Plymouth City Council to order at 7:00 p.m. in the
Council Chambers of City Hall, 3400 Plymouth Boulevard, on February 9, 2016.
COUNCIL PRESENT: Mayor Slavik, Councilmembers Johnson, Beard, Willis, Carroll, and
Prom.
ABSENT: None.
Staff Present: City Manager Callister, Administrative Services Director Fischer, Community
Development Director Juetten, Public Works Director Cote, Park and Recreation Director Evans,
Public Safety Director Goldstein, Fire Chief Coppa, Water Resources Manager Asche, City
Attorney Knutson, and City Clerk Engdahl.
Presentations and Public Information Announcements
4.01) Recognize Board and Commission Members
Mayor Slavik presented certificates of appreciation to outgoing board and commission members,
Terry Cheng from the Charter Commission; Kristian Stoeckel from the Environmental Quality
Committee; and Councilmember Jim Willis from the Housing and Redevelopment Authority.
4.02) Hennepin County Update
Hennepin County Commissioner Jeff Johnson provided an update regarding Hennepin County’s
2016 budget and property tax increase, 2040 Comprehensive Plan, and changes needed in the
child protection areas.
Mayor Slavik commented on the importance of addressing the Rockford Road bridge, repair of
retaining walls along County Road 6, and County Road 24 pedestrian trail. She expressed the
City’s appreciation to Hennepin County for funding miracle playfield and Commissioner
Johnson’s partnership with the City.
Plymouth Forum
Mike Keegan, 16605 53rd Avenue North, voiced his concerns relating to the unintentional
flooding of an area in The Reserve at Spring Meadows, Kirkwood Addition, and his hope that
viable trees can be saved in this area. He provided the Council with photographs and explained
6.01
Page 1
Proposed Minutes Page 2 of 5 Regular Meeting of February 9, 2016
that by summer of 2014, this area was partially flooded. At that time, only several homes had
been constructed so he believed that irrigation systems would not have caused the flooding.
Mr. Keegan stated in April 2015, he noticed the trees were not blooming so he contacted Water
Resources Manager Asche who did a site inspection and Lennar regarding the problem. He
described the location of pond overflow drains and stated his belief that drainage which used to
flow over Dunkirk Lane before it was paved is now becoming trapped in this area, resulting in
the trees dying.
By mid-July of 2015, many residents contacted the City and developer. In the fall, the City
evaluated the trees and decided many were no longer viable and should be removed. Because
the site was saturated, it was decided to perform work when the ground was frozen. With the
City’s permission, the developer brought in heavy equipment and graded the area to the west of
the holding pond and constructed a surrounding berm. Before the developer removed the
flooded trees, neighboring residents interceded to ask the City to delay that action pending their
discussions with the Lennar to find a better solution.
Mr. Keegan stated the neighboring residents and one perspective buyer met with Lennar and
asked them to increase the number of trees to be planted, remove what the City deemed as a
hazard to the sidewalk or street, correct the faulty overflow drain under Dunkirk Lane, and
assume all financial responsibility including trees that need to be removed in the future. He
explained that while Lennar agreed to all of these points, they have indicated the City will not
allow them to drain the wetland. He stated he takes issue because the request is to restore the
area to what existed two years ago, which was not a wetland, and preserve viable trees as they
provide an invaluable noise and screening barrier. He noted their property values are suffering
and he believes the City has discretion to make adjustments to the overflow drain so it can
perform as designed. He requested the City to act expeditiously to engage whatever resources
are required to allow Lennar to proceed with the drainage correction before the spring thaw.
Mayor Slavik stated she and Councilmember Johnson would be happy to meet with the
neighbors and developer to discuss this issue. She requested Mr. Keegan to provide a list of
dates to staff that would work for the neighbors to meet.
Approval of Agenda
Item No. 6.06 was removed due to change in selection of dates for the events, item No. 6.01
included a correction on a page of meeting minutes and, item No. 8.02 included aa amended list
of Study Sessions topics to be scheduled.
Motion was made by Councilmember Willis, and seconded by Councilmember Prom, to approve
the agenda as amended. With all members voting in favor, the motion carried.
Page 2
Proposed Minutes Page 3 of 5 Regular Meeting of February 9, 2016
Consent Agenda
By request of Councilmember Prom, item No. 6.07 was removed from the Consent Agenda and
placed under General Business as item No. 8.03.
Motion was made by Councilmember Prom, and seconded by Councilmember Willis, to adopt
the amended Consent Agenda that included the following items:
6.01) Special and Regular Council Meeting Minutes of January 26, 2016.
6.02) Resolution Approving Disbursements ending January 30, 2016 (Res2016-032).
6.03) Resolution Accepting Utilities for Continual Maintenance for Brynwood 2nd Addition
2015027 - Res2016-033), Resolution Accepting Streets for Continual Maintenance for Trillium
Woods Addition (2008085 – Res2016-034), Resolution Accepting Streets for Continual
Maintenance for Hampton Hills 5th Addition (2012102 – Res2016-035), and Resolution
Accepting Streets for Continual Maintenance for Creek Ridge of Plymouth Addition (2013018 –
Res2016-036).
6.04) Resolution Approving an Encroachment Agreement for Retaining Walls on Lots 8 and
10, Block 1, Enclave on Greenway (Res2016-037).
6.05) Resolution Approving Request for Payment No. 3 and Final for 2015 Sanitary Sewer
Lining Project (15018 - Res2016-038).
6.06) (This item was removed from the agenda).
6.07) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.03).
6.08) Resolution Approving Change Orders No. 2, 3, and 4 for Peony Lane North of Schmidt
Lake Road (10015 - Res2016-039).
6.09) Resolution Approving Expenditure from the DWI Resource Fund for installation of
Garage Door Opener at County Road 101 Water Tower (Res2016-040).
With all members voting in favor, the motion carried.
Public Hearings
There were no public hearings.
Page 3
Proposed Minutes Page 4 of 5 Regular Meeting of February 9, 2016
General Business
8.01) Resolution Approving Concurrent Detachment and Annexation of Land for the Just
for Kix property (2015102) (Tabled from January 26, 2016)
Community Development Director Juetten stated at the January 26, 2016 Council meeting, staff
was directed to draft a resolution for concurrent detachment and annexation of the subject land to
the City of Medina. He reported that the City of Medina is considering a similar resolution on
February 16, 2015. If both resolutions are approved, the City of Medina will submit them to the
Chief Administrative Law Judge to finalize the process for detachment and annexation.
Motion was made by Councilmember Willis, and seconded by Councilmember Prom, to adopt a
Resolution for Concurrent Detachment and Annexation of Land from the City of Plymouth to the
City of Medina (Res2016-041). With all members voting in favor, the motion carried.
8.02) Set Future Study Sessions
The Council scheduled or amended the following study sessions:
February 16 Study Session agenda: Added 2016 Council goals and legislative priorities
and departmental work plans.
March 8 at 5:30 p.m.: Group home licensure.
March 22 at 5:30 p.m.: Review of appeal process for massage licenses and Ordinance
Amending Section 2.07 of the City Charter concerning Council vacancies.
April 12: Quarterly update with City Manager following regular Council meeting.
April 19 at 6 p.m.: EDA organizational meeting.
April 26 at 5:30 p.m.: Medical cannabis ordinance.
May 3 at 5:30 p.m.: Comprehensive Plan, draft vision, goals, and policies
May 17 at 6 p.m.: Public Safety update e
8.03) Agreement with the City of Maple Grove for the Pike Creek Gabion Repair and
Drainage Improvement Project (previously item No 6.07)
At the request of Councilmember Prom, Water Resources Manager Asche described the Pike
Creek Gabion repair to a failed gabion (dam-like structure comprised of rock) so the rate and
flow of Pike Creek can again be controlled and sediment captured.
Motion was made by Councilmember Prom, and seconded by Councilmember Johnson, to adopt
a Resolution Approving an Agreement with the City of Maple Grove for the Pike Creek Gabion
Repair and Drainage Improvement Project (15010 - Res2016-042). With all members voting in
favor, the motion carried.
Reports and Staff Recommendations
There were no reports and staff recommendations.
Page 4
Proposed Minutes Page 5 of 5 Regular Meeting of February 9, 2016
Adjournment
Mayor Slavik adjourned the regular meeting at 7:40 p.m.
Sandra R. Engdahl, City Clerk
Page 5
Proposed Minutes 1 of 2 Special Meeting of February 16, 2016
Proposed Minutes
Special Council Meeting
February 16, 2016
Mayor Slavik called a Special Meeting of the Plymouth City Council to order at 6:00 p.m. in the
Medicine Lake Room of City Hall, 3400 Plymouth Boulevard, on February 16, 2016.
COUNCIL PRESENT: Mayor Slavik, Councilmembers Willis, Carroll, Johnson, Prom, Wosje,
and Beard.
ABSENT: None.
STAFF PRESENT: City Manager Callister, Administrative Services Director Fischer, Park and
Recreation Director Evans, Economic Development Manager Parr, Public Works Director Cote,
Fire Chief Coppa, Human Resources Manager Kone, Community Development Director Juetten,
and City Clerk Engdahl.
Breweries, Taprooms, and Microdistilleries
As requested by staff, Council provided feedback in the following areas as it relates to taprooms
and microdistilleries:
Locations
Hours
40/60 food/liquor ratio for on-sale liquor licenses (restaurants)
Staff was directed to prepare an ordinance amending the City Code regarding liquor
regulations/classifications for a future Council meeting. This process would be followed by the
planning process for applicable amendments to the Zoning Ordinance, specifically, where
taprooms and microdistilleries would be permitted.
Council Goals and Legislative Priorities for 2016
The Council discussed their proposed goals and legislative priorities for 2016. These goals and
legislative priorities will be placed on a future regular agenda for approval.
Departmental Work Plans for 2016
Since Council received the departmental work plans in the packet materials, staff briefly
highlighted items in their respective departments for 2016.
Page 6
Proposed Minutes 2 of 2 Special Meeting of February 16, 2016
Adjournment
Mayor Slavik adjourned the meeting at 8:45 p.m.
Sandra R. Engdahl, City Clerk
Page 7
REGULAR
COUNCIL MEETING
February 23, 2016
Agenda
Number: 6.02
To: Dave Callister, City Manager
Prepared by: Deb Luesse, Accounting Clerk
Reviewed by: Jodi Bursheim, Finance Manager
Item: Disbursements Ending February 13, 2016
1. ACTION REQUESTED:
Adopt the attached resolution to approve the disbursements for the period ending February 13, 2016.
2. BACKGROUND:
Attached is a list of city fund disbursements for the period ending February 13, 2016.
3. BUDGET IMPACT:
N/A
4. ATTACHMENTS:
Check Registers
Resolution
Page 1
Invoice Expense Distribution for Period Ended 2/13/16 Council meeting 2/23/16
FUND 100 General Fund 212,515.35
200 Recreation Fund 13,741.67
210 Parker's Lake Cemetery Maint 0.00
220 Transit System Fund 43,340.38
234 Economic Development Fund 0.00
250 Comm Dev Block Grant Fund 5,480.00
254 HRA Section 8 Fund 706.49
254 HAP Check Summary 227,104.08
258 HRA General Fund 0.00
300 1998C GO Activity Center 0.00
304 1998B Shenandoah Debt Serv 0.00
305 2004A GO Public Safety 0.00
307 1998A-TIF #7-5A Rottland 0.00
308 2005A TIF #1-1 0.00
309 2007A Open Space Series 0.00
310 2009A TIF #7-5A Refund 1998A 0.00
311 2009B AC and FH Refunding 0.00
312 2010A GO Open Space 0.00
314 2012A GO Refunding 2004A 0.00
315 2015A GO Open Space 0.00
400 General Capital Projects Fund 23,935.84
401 Minnesota State Aid Fund 0.00
404 Community Improvement 0.00
405 Park Replacement Fund 0.00
406 Infrasturcture Replacement Fund 0.00
407 Project Administration Fund 0.00
408 Park Construction 0.00
409 Capital Improvement Fund 0.00
412 Water Sewer Replace 0.00
413 Improvement Project Construction 210,177.13
414 Shenandoah Administration 0.00
415 Shenandoah Surplus 0.00
417 Project WarrantyRepairs 0.00
418 Utility Trunk System Expansion 0.00
420 Water Sewer Construction 84,667.33
421 ENT-Water Resources Constrctn 7,962.10
422 TIF 7-4 PTP Construction 0.00
423 TIF 7-5 Rottlund (Const)0.00
424 TIF 7-6 Berkshire 75,942.86
425 TIF Housing Assistance Program 0.00
426 TIF 7-7 Stonecreek 80,766.99
427 TIF 1-1 Shops at Plymth Crk 262.50
428 TIF 1-2 Vicksburg Commons 6,152.39
429 TIF HRA 1-3 Crossroads Station 126,344.67
430 CON-Open Spaces Series 2007A 0.00
431 CON-2010A Open Space 0.00
432 TIF #7-8 Quest 0.00
500 Water Fund 52,091.17
510 Water Resources Fund 299,832.81
520 Sewer Fund 5,773.72
530 Solid Waste Management Fund 68,489.75
540 Ice Center Fund 34,134.96
550 Field House Fund 8,700.91
600 Central Equipment Fund 6,951.33
610 Public Facilities Fund 52,924.19
620 Information TechnologyFund 113,454.37
630 Risk Management Fund 1,528.76
640 Employee Benefits Fund 7,140.49
650 Design Engineering 0.00
660 Resource Planning 200.00
800 Investment Trust Fund 0.00
850 Plymouth Town Square 0.00
851 Vicksburg Crossing 0.00
Total Invoice Expense Distribution:1,770,322.24
Page 2
Check Payment Register
01/31/2016 02/13/2016to
02/05/2016 $1,088.41CheckDatePaid: Amount: EFT MN Child Support Payment Ctr
CHD SUP% - Child Support Percentage* 02/05/2016Inv. 2016-00000032
Item Description Total Price
02/05/2016 Deduction Child Support Percentage $241.18
02/05/2016 Deduction Child Support $442.54
02/05/2016 Deduction Child Support $116.28
02/05/2016 Deduction Child Support $288.41
02/01/2016 $9,930.38CheckDatePaid: Amount: EFT US Bank Visa
12.15.15/1.15.16 Jan'16 Credit Card charges01/15/2016Inv. 160115
Item Description Total Price
SLUC - Monthly Meeting - Juetten, Thomson, Drill, Darling $160.00
Home Line - Landlord Guide to MN Law for HCV Program $30.00
Groth Music $212.30
Paypal - Zinghoppers Performance $125.00
Work Order Ave/Parking $238.80
Work Order Ave/Parking $10.00
supplies for senior movies $18.52
January 2016 Charges - Plza Mpls Parking $13.00
TW's Visa - FBI Membership Dues JH, CK & CS $255.00
TW's Visa - MN Chiefs Membership Dues MG&DP $450.00
Pub Ed materials $17.77
Repair Parts $64.35
Sales tax refund/Fram Visa $15.44
PayPal-IAPE-Membership Dues-Bevins $50.00
TLO Transunion-investigative tool $6.75
EXC ADV Las Vegas-Lodging while at Training-Smith $341.60
PayPal USPCA 12-K9 Membership $200.00
PAYPAL USPCA 12-Registration for Training $300.00
Southwest-Airfare to Training-Smith $325.46
PayPal South Metro-Registration for Training-Phillippe $425.00
Freedom-ice for water used at in-service $3.38
Lawmens-Force on Force Training Ammo $613.18
PAYPAL ILEETA-Memberships $150.00
Mankato City Center Hotel-Lodging while at Training $174.40
Mankato City Center Hotel-Lodging while at Training-Duncan $87.20
Flex A Chart magnetic tape for whiteboards $19.04
repair workout room - parts $216.49
repair workout room - parts $36.96
employee recognition catering $1,500.00
Sales tax refund/Reed Visa $18.44
MG's Visa - 2016 IACP Membership - MG $200.00
Jerrod Brunelle- CPSI Course and Exam $555.00
December 2015 Statement - 2016 MN DEED membership $625.00
Apple Developer Program $99.00
Ear Tips $21.72
Neopost Postage Increase $299.00
DTH Fire - Event Scheduling Software $75.00
Sales tax refund/Leiseth Visa $7.20
Pickleball Replacement Bags $54.00
Soccer Goal Replacement Bags $67.97
Franklin Covey product - planner 2016 $57.45
Sales tax refund/Krey Visa $4.18
Vehicle certifications decals for commerical vehicles $204.50
Disc brakes and hub assembly for #698 $540.75
Hardware for Model City $6.40
Hardware for Model City $91.53
International Association of Property and Evidence Training $600.00
Page 1 of 29 2/16/2016Page3
Dues Association Minnesota Emergency Managers $130.00
Dues Metropolitan Emergency Managers Association $100.00
Sales tax refund/Plekkenpol visa $7.13
Phone case-Ipad cases $99.26
Sales tax refund/Newberger Visa $7.21
02/01/2016 $9,659.22CheckDatePaid: Amount: EFT US Bank Visa
12.15.15/1.15.16 Dec'15 Cred card charges01/15/2016Inv. 151231
Item Description Total Price
US Bank Visa - Event Prize Order $531.78
furniture $2,196.99
resource list printing $159.50
making keys $10.51
FreeNote Harmony- Pagoda Bell $3,304.00
TW's Visa MN Co Attorney - Forefeiture Forms $182.12
TW's Visa Varidesks - AH & MP $920.00
Sales tax refund/Koch Visa $38.71
US Bank - NYE Event Supplies 12/2015 $42.80
US Bank - CC - FH Vistaprint 12/2015 $31.99
Sales tax refund/Michaud Visa $2.33
Bob Topp's DTF CC - Luther Brookdale - Task Force Car Repairs $1,058.63
Plymouth BP - Gas for John Deere $16.68
Thrift Store - Buns for New Year's Eve Event $47.26
Sales tax refund/Topp visa $30.89
Hennepin County Health Conference $50.00
ammo bags for 30rd mags - botach $74.95
covert cell phone $130.96
500.00
Evidence packaging supplies $329.12
02/04/2016 $4,470.00CheckDatePaid: Amount: 100514 LumenSigns/Anthony Reed
Balance Stn73 upper deck rplc broken pole light
heads to LED
02/02/2016Inv. 900171
Item Description Total Price
Replace broken pole light heads to LED Station 73 $4,470.00
02/04/2016 $4,443.00CheckDatePaid: Amount: 100515 3M
1ea red/white sign film01/14/2016Inv. TP76814
Item Description Total Price
331.50
14 var size rolls of sign film01/13/2016Inv. TP76816
Item Description Total Price
Sign film $4,111.50
02/04/2016 $41.25CheckDatePaid: Amount: 100516 Action Fleet Inc
Unit 1035 rplc/sply camera01/27/2016Inv. 6012708
Item Description Total Price
41.25
02/04/2016 $171.76CheckDatePaid: Amount: 100517 Adam's Pest Control, Inc.
Jan-Mar'16 IC Pest Control01/20/2016Inv. 2364488
Item Description Total Price
97.56
Jan'16 PCC Pest Control01/27/2016Inv. 2368417
Item Description Total Price
74.20
02/04/2016 $296.75CheckDatePaid: Amount: 100518 Al's Coffee Company
IC Concession coffee,cream,cups resupply01/15/2016Inv. 125821
Item Description Total Price
Items for resale in the concession stand $296.75
02/04/2016 $6.09CheckDatePaid: Amount: 100519 American Messaging Services LLC
Feb'16 PD 1 pager rental02/01/2016Inv. D2081166QB
Item Description Total Price
Page 2 of 29 2/16/2016Page4
Pager rental fees for 2016 $6.09
02/04/2016 $29.47CheckDatePaid: Amount: 100520 Anchor Paper Company
1000sh pure white mohawk color copy01/29/2016Inv. 3029302800
Item Description Total Price
29.47
02/04/2016 $4.59CheckDatePaid: Amount: 100521 Batteries Plus
12v Alkaline battery01/12/2016Inv. 021339254
Item Description Total Price
12v Alkaline battery $4.59
02/04/2016 $195.45CheckDatePaid: Amount: 100522 Bertelson One Source
4pk DVD-R discs, 3pk CDR01/12/2016Inv. OE4129321
Item Description Total Price
4pk DVD-R discs, 3pk CDR $174.13
Garment Hook01/11/2016Inv. WO1705401
Item Description Total Price
Garment Hook $21.32
02/04/2016 $995.00CheckDatePaid: Amount: 100523 Bob Sable Services
1120 CR 101 N CDBG housing rehab loan01/21/2016Inv. 226502
Item Description Total Price
CDBG housing rehab loan - 1120 Co Rd 101 N $995.00
02/04/2016 $400.47CheckDatePaid: Amount: 100524 Bound Tree Medical LLC
EMS supplies; gloves,multi-function defib pads,
pediatric defib
01/22/2016Inv. 82035321
Item Description Total Price
EMS Supplies $400.47
02/04/2016 $11,642.22CheckDatePaid: Amount: 100525 Cargill Inc
137.68ton Treated Road Salt01/15/2016Inv. 2902640217
Item Description Total Price
Treated Road Salt In# 2902640217, 2902643295 $11,642.22
02/04/2016 $5,200.00CheckDatePaid: Amount: 100526 Casillas Glass LLC
Replace 9 windows at FS 301/28/2016Inv. 1774
Item Description Total Price
Replace 9 windows at Fire #3 $5,200.00
02/04/2016 $280.86CheckDatePaid: Amount: 100527 CDW Government Inc
Cradle point IBR600 & Verizon Sim01/11/2016Inv. BRK3349
Item Description Total Price
Cradle point IBR600 - 3454174 $503.51
Verizon Sim - 3558560 $5.00
Apple Ipad Pro smart keyboard/Callister01/13/2016Inv. BSC1028
Item Description Total Price
Apple Smart Keyboard $166.97
5ea Apple 12w USB Power adapter & lightning to
USB cable
01/13/2016Inv. BSG3778
Item Description Total Price
5ea Apple 12w USB Power adapter & lightning to USB cable $229.05
Plustek Mobileoffice Scanner01/15/2016Inv. BSV2068
Item Description Total Price
Plustek Mobileoffice Scanner $66.41
Cr inv BQZ7140 Powertech01/29/2016Inv. BWW0341
Item Description Total Price
690.08)
02/04/2016 $23,437.98CheckDatePaid: Amount: 100528 CenterPoint Energy
11.23/12.31.15 Heat Bill01/14/2016Inv. 800001473731215
Item Description Total Price
11.24/12.23.15 CC $1,655.42
11.25/12.28.15 PW $2,220.94
Page 3 of 29 2/16/2016Page5
11.23/12.22.15 LaCompt $101.66
11.24/12.23.15 Historical Society $140.87
11.24/12.23.15 FS2 $477.12
11.23/12.22.15 Well 4 $140.21
11.23/12.22.15 Ridgemount $53.41
11.23/12.22.15 CWP $628.68
11.24/12.23.15 FS1 $480.39
11.30/12.31.15 Ice Center $5,788.42
11.23/12.22.15 ZWP $1,996.09
11.23/12.22.15 Pavilion $166.70
11.24/12.23.15 Bass Lake Plyfld $142.49
11.24/12.23.15 Reserve $62.77
11.30/12.31.15 PCC/Dome $5,937.89
11.25/12.28.15 FS3 $1,045.81
11.24/12.23.15 Public Safety $1,911.39
11.23/12.22.15 WTP So $437.96
11.24/12.23.15 Pike LS $30.91
11.24/12.23.15 Imperial Hills LS $18.85
02/04/2016 $1,200.00CheckDatePaid: Amount: 100529 CenturyLink
12.24/1.23.16Internet,1.24/2.23.16 Link Loop01/23/2016Inv. 1364727106
Item Description Total Price
1,200.00
02/04/2016 $175.78CheckDatePaid: Amount: 100530 Comcast
12.22/1.21.16 IC wireless12/15/2015Inv. 02536960116
Item Description Total Price
50.44
1.22/2.21.16 IC wireless01/13/2016Inv. 02536960216
Item Description Total Price
50.44
Feb'16 CMCL wireless01/24/2016Inv. 07376150216
Item Description Total Price
74.90
02/04/2016 $6,152.39CheckDatePaid: Amount: 100531 CommonBond
12/31/15 TIF 1-2 Vicksburg Commons Paygo
Obligation
12/31/2015Inv. 151231
Item Description Total Price
TIF 1-2 Vicksburg Commons Paygo Obligation $6,152.39
02/04/2016 $1,761.15CheckDatePaid: Amount: 100532 Compass Minerals/North American Salt
24.02ton Bulk Road Salt01/11/2016Inv. 71434445
Item Description Total Price
Road Salt In# 71430620 & 71434445 $1,761.15
02/04/2016 $75,942.86CheckDatePaid: Amount: 100533 Continental Property Group Inc
12/31/15 TIF 7-6 Berkshire Paygo Obligation12/31/2015Inv. 151231
Item Description Total Price
TIF 7-6 Berkshire Paygo Obligation $75,942.86
02/04/2016 $167.00CheckDatePaid: Amount: 100534 Data 911/Hubb Systems
Camera mounts01/12/2016Inv. SI104901
Item Description Total Price
Camera mounts $80.00
3ea Mic Batteries01/13/2016Inv. SI104922
Item Description Total Price
Mic Batteries $87.00
02/04/2016 $1,504.81CheckDatePaid: Amount: 100535 Discount Steel Inc
Tubing for plow racks01/13/2016Inv. 4053058
Item Description Total Price
Tubing for plow racks In# 4053058 $1,504.81
02/04/2016 $7,105.76CheckDatePaid: Amount: 100536 DTS/Document Tech Solutions
Page 4 of 29 2/16/2016Page6
1/22/16-2/22/16 Copier maintenance01/29/2016Inv. 297219271
Item Description Total Price
Copier Contracts 1/22/16 - 2/22/16 $7,105.76
02/04/2016 $787.50CheckDatePaid: Amount: 100537 Ehlers & Associates Inc
10.14/10.15.15 TIF work session w/council01/12/2016Inv. 69543
Item Description Total Price
Inv# 69543 - Oct 20th wrk session w/Council - prepared a TIF 101 $525.00
12.15.15 TIF 1-1 Administr01/12/2016Inv. 69544
Item Description Total Price
Inv# 69544 - TIF Administration 1-1 $262.50
02/04/2016 $2,602.45CheckDatePaid: Amount: 100538 Electric Pump
Repairs to KSB pump #2 at Imperial Hills LS01/13/2016Inv. 0057091IN
Item Description Total Price
Repairs to KSB pump #2 at Imperial Hills LS $466.50
Repairs to KSB pump #2 at Imperial Hills LS01/14/2016Inv. 0057096IN
Item Description Total Price
Repairs to KSB pump #2 at Imperial Hills LS $1,900.00
Repairs to KSB pump #2 at Imperial Hills LS01/14/2016Inv. 0057097IN
Item Description Total Price
Repairs to KSB pump #2 at Imperial Hills LS $235.95
02/04/2016 $850.00CheckDatePaid: Amount: 100539 Emergency Response Solutions
10 5gl pails Chemguard Class A Plus01/28/2016Inv. 5644
Item Description Total Price
Firefighting Foam $850.00
02/04/2016 $335.35CheckDatePaid: Amount: 100540 Factory Motor Parts Co
Hub assy bearing01/13/2016Inv. 70257147
Item Description Total Price
Hub assy bearing $79.44
Motor01/14/2016Inv. 70257220
Item Description Total Price
Motor $46.96
12ea FVP diesel exhaust fluid 2.5gal01/19/2016Inv. 70257718
Item Description Total Price
12ea FVP diesel exhaust fluid 2.5gal $95.88
Brake pad set01/20/2016Inv. 70258006
Item Description Total Price
57.03
12ea Transmission fluid01/28/2016Inv. 70258812
Item Description Total Price
12ea Transmission fluid $56.04
02/04/2016 $5.94CheckDatePaid: Amount: 100541 Fastenal Company
25 3/8-16x1 1/2 SSS CP01/14/2016Inv. MNPLY82491
Item Description Total Price
5.94
02/04/2016 $4,000.00CheckDatePaid: Amount: 100542 Fred Kolkmann Tennis & Sport Surfaces LLC
Parkers LK tennis court reconstr01/11/2016Inv. 2016008
Item Description Total Price
Parkers Tennis Rehabilitation $4,000.00
02/04/2016 $364.14CheckDatePaid: Amount: 100543 G&K Services Inc
01.15.16 PW/PM Uniform rentals/laundry01/15/2016Inv. 1006499944
Item Description Total Price
01.15.16 PW/PM Uniform rentals/laundry $325.64
1.15.16 Stn 73 rug/mat service01/15/2016Inv. 1006500053
Item Description Total Price
38.50
02/04/2016 $3,136.00CheckDatePaid: Amount: 100544 Gartner Refrigeration & Mfg
Page 5 of 29 2/16/2016Page7
Replace Relief Valves - Rink C Compressor Room01/15/2016Inv. 50165
Item Description Total Price
Replace Relief Valves - Rink C Compressor Room $3,136.00
02/04/2016 $632.53CheckDatePaid: Amount: 100545 Grainger
Ext pole,saw head pole,saw blads,measure
container
01/07/2016Inv. 9933751795
Item Description Total Price
446.95
24 Lantern batteries01/14/2016Inv. 9938715803
Item Description Total Price
59.28
3ea Braided connectors01/14/2016Inv. 9938978633
Item Description Total Price
3ea Braided connectors $47.25
Hand stretch wrap, ear muffs01/14/2016Inv. 9938978641
Item Description Total Price
79.05
02/04/2016 $440.00CheckDatePaid: Amount: 100546 Green Stuff Outdoor Services
Feb'16 Snow plowing02/01/2016Inv. 160915
Item Description Total Price
Snow plowing service Feb 2016 IN# 160915 $440.00
02/04/2016 $3,885.00CheckDatePaid: Amount: 100547 Greene Construction Inc
2751 Upland Ln dbl egress window/rehab loan01/26/2016Inv. 7878
Item Description Total Price
CDBG housing rehab loan - 2751 Upland Ln $3,885.00
02/04/2016 $77.65CheckDatePaid: Amount: 100548 Hamel Lumber Inc
Screws12/31/2015Inv. 117454
Item Description Total Price
Screws $16.09
12ea 2x8 Cedar & mail box bottom12/31/2015Inv. 117507
Item Description Total Price
12ea 2x8 Cedar & mail box bottom $53.13
Mailbox & hardware12/31/2015Inv. 117518
Item Description Total Price
Mailbox & hardware $71.08
Cedar planks01/04/2016Inv. 117535
Item Description Total Price
Cedar planks $15.00
2ea spikes01/04/2016Inv. 117542
Item Description Total Price
2ea spikes $39.98
Mailbox & hardware01/06/2016Inv. 117570
Item Description Total Price
Mailbox & hardware $171.68
Screws & base board01/27/2016Inv. 117824
Item Description Total Price
Screws & base board $67.49
8ea plywood return; materials for Elm Creek12/31/2015Inv. 21527
Item Description Total Price
8ea plywood return; materials for Elm Creek ($356.80)
02/04/2016 $42,715.58CheckDatePaid: Amount: 100549 Hennepin County Treasurer
CSAH 47 Lawndale Lane Signal Controller12/30/2015Inv. 1000068556
Item Description Total Price
CSAH 47 - Lawndale Lane Signal Controller - Invoice No. 10000685 $42,715.58
02/04/2016 $261.46CheckDatePaid: Amount: 100550 Hennepin County Treasurer
CSAH 47 & Lawndale maint12/30/2015Inv. 1000068558
Page 6 of 29 2/16/2016Page8
Item Description Total Price
CR 47 - Lawndale Signal Activation - Invoice No. 100068558 $261.46
02/04/2016 $2,884.96CheckDatePaid: Amount: 100551 Henry's Waterworks Inc
Curbstop parts; copper flare corp stop,plug lid,pipe
nipples
01/11/2016Inv. 18241
Item Description Total Price
Curbstop parts $2,884.96
02/04/2016 $147.80CheckDatePaid: Amount: 100552 Hillyard Inc - Minneapolis
Repair parts for floor scrubber;squeege blade kit &
suction hose
01/11/2016Inv. 700217264
Item Description Total Price
Repair parts for floor scrubber $147.80
02/04/2016 $1,330.28CheckDatePaid: Amount: 100553 Home Depot
Jan '16 Home Depot charges01/31/2016Inv. 160131
Item Description Total Price
3ea Windshield deicer, 2ea odor absorbing gel $13.88
Flint spark lighter, putty scraper, putty knife, screwdriver $25.89
Pry Bar Set $9.97
WD40 & Twisted polypropylene truck rope $10.94
Screwdriver,pipe-thread sealant,nut w/washer,sink strainer $22.22
6ea 4x4x8 $45.42
2pk padlock,electrical tape,yellow electrical tape $21.94
2ea Mach Screws $2.36
3ea Propane cylinder $8.91
3ea lysol wipes,8ea phone charger,3ea lightning cable $235.72
2ea Forged scraper/chopper, 2ea propane $45.94
6ea propane $21.00
Tining flux & quick link $6.19
Clip case cargo,split key ring,spring link $14.92
2ea duct tape $20.34
AC adapter to USB charger.9ea lightning cables, $129.67
3ea green spray paint, ratchet $27.58
8ea De-Icer Windshield wash $27.76
Anchor shackle $2.84
Pliers & hammer $23.55
3ea Simple Green all purpose cleaner,wipes,cascade $71.21
3ea PVC pipe, female adapter, male adapter, cleanout plug, $35.60
Rectractable reel w/3 outlets,20amp 125-volt connector $46.87
Roller frame, brush, roller, roller tray,1gal protective enamel $42.73
Microwave, liquid nails, drywall screws, pipe cap, duct tape $148.01
6pk coin cell battery, AA8 quantum battery $21.95
Hex nipple, pipe bushing, elbow $7.55
5ea propane cylinder & 3a comet powder $20.41
4ea auto squeegee,spray paint,padlock $30.24
Master lock key, blank chrysler rubber head key $4.34
Long cuff neoprene gloves,spout pail,latex brush,bleach,simple g $50.82
Solder, 11ea heat shrink tubing, $29.64
Lumen headlight $13.94
Ceiling tiles $89.93
02/04/2016 $82.30CheckDatePaid: Amount: 100554 Indelco
Mag tank repair01/14/2016Inv. 967636
Item Description Total Price
Mag tank repair $82.30
02/04/2016 $10,664.00CheckDatePaid: Amount: 100555 Indigital
Laserfiche/microfiche WO# 1143112/31/2015Inv. 11158
Item Description Total Price
Inv #11158 - Laserfiche/microfiche $10,664.00
02/04/2016 $563.45CheckDatePaid: Amount: 100556 J H Larson Electrical Co
5ea Lens only for IM6 fixture01/07/2016Inv. S101097740001
Page 7 of 29 2/16/2016Page9
Item Description Total Price
5ea Lens only for IM6 fixture $563.45
02/04/2016 $9,109.25CheckDatePaid: Amount: 100557 Kamida Inc
Jan'16 Transit Facilities snow removal01/31/2016Inv. 001562
Item Description Total Price
Snow removal for Transit sites Jan 2016 $7,809.25
Jan'16 10 Transit shelter trash pickup01/31/2016Inv. 001563
Item Description Total Price
Trash removal services for all Transit Shelters Jan 2016 $1,300.00
02/04/2016 $3,547.50CheckDatePaid: Amount: 100558 Keeprs Inc
Scott Serre Ballistic Vest01/15/2016Inv. 294450
Item Description Total Price
Ballistic Vest-Serre $1,157.50
Mike Passig Ballistic vest01/15/2016Inv. 294694
Item Description Total Price
Ballistic Vest-Passig $1,200.00
32.50
Erik Jacobson Ballistic Vest01/15/2016Inv. 294832
Item Description Total Price
Ballistic Vest-Jacobson $1,157.50
02/04/2016 $189.59CheckDatePaid: Amount: 100559 Lano Equipment Inc
Fuel filter,oil filter01/12/2016Inv. 03348656
Item Description Total Price
127.92
Filter elements01/15/2016Inv. 03349195
Item Description Total Price
61.67
02/04/2016 $25.41CheckDatePaid: Amount: 100560 Larson Companies/Peterbilt
Filter-HD Fuel spin01/12/2016Inv. F260120138
Item Description Total Price
Filter-HD Fuel spin $25.41
02/04/2016 $613.00CheckDatePaid: Amount: 100561 Leap Manufacturing LLC
4.05 ton asphalt for waterbreak rd repairs01/19/2016Inv. 427
Item Description Total Price
Blacktop waterbreak repair $405.00
2.08ton asphalt street repairs01/28/2016Inv. 450
Item Description Total Price
Asphalt for street repairs In# 450 $208.00
02/04/2016 $2,375.00CheckDatePaid: Amount: 100562 Lisa Lynn Consulting
Dec'15 Faciliitate 5 leadership Promo Assmnt
Sergeant position
12/15/2016Inv. P42015
Item Description Total Price
Promotional Assessment / Sergeants $2,375.00
02/04/2016 $220.00CheckDatePaid: Amount: 100563 Medicine Lake Tours
2.3.16 Rice Park winter carnival Sr trip trnsp01/26/2016Inv. 160206
Item Description Total Price
Trip payment - Rice park 2-3-16 $220.00
02/04/2016 $90.58CheckDatePaid: Amount: 100564 Metro Products Inc
30 Scrapers and 2 HHCS01/13/2016Inv. 114265
Item Description Total Price
90.58
02/04/2016 $162.24CheckDatePaid: Amount: 100565 Minnesota Equipment/MN Equipment
Hand guard,scabbard 14" 01/06/2016Inv. P39934
Item Description Total Price
40.14
Unit 6022 Carburetor01/22/2016Inv. P40119
Page 8 of 29 2/16/2016Page10
Item Description Total Price
122.10
02/04/2016 $126,344.67CheckDatePaid: Amount: 100566 Minnwest Bank
2015 TIF 1-3 Crossroad Stn Paygo Obligation12/31/2015Inv. 151231
Item Description Total Price
TIF 1-3 Crossroad Station Paygo Obligation $126,344.67
02/04/2016 $225.00CheckDatePaid: Amount: 100567 MN BCA
Robert Topp 1.22.16 DMT-G Online recertif registr01/22/2016Inv. 27276OLDMT16C
Item Description Total Price
DMT Recert Registration-Rice, R Topp, Kuklok $75.00
Chris Kuklok 1.22.16 DMT-G Online recertif registr01/22/2016Inv. 27280OLDMT16C
Item Description Total Price
DMT Recert Registration-Rice, R Topp, Kuklok $75.00
Daniel Rice 1.22.16 DMT-G Online recertif registr01/22/2016Inv. 27281OLDMT16C
Item Description Total Price
DMT Recert Registration-Rice, R Topp, Kuklok $75.00
02/04/2016 $1,220.00CheckDatePaid: Amount: 100568 MN Helicopters Inc
1.12.16 Deer Count service01/26/2016Inv. 3244
Item Description Total Price
Deer Count $1,220.00
02/04/2016 $1,412.91CheckDatePaid: Amount: 100569 NAPA Geniune Auto Parts Co
Radiator cap01/04/2016Inv. 496650
Item Description Total Price
Radiator cap $13.99
Battery01/05/2016Inv. 496820
Item Description Total Price
Battery $41.57
Razor blades01/06/2016Inv. 496918
Item Description Total Price
Razor blades $9.99
Battery01/06/2016Inv. 496948
Item Description Total Price
Battery $92.31
3ea Battery01/07/2016Inv. 497088
Item Description Total Price
3ea Battery $264.27
5ea Diesel Exhaust Fluid 2.5gal01/08/2016Inv. 497249
Item Description Total Price
5ea Diesel Exhaust Fluid 2.5gal $67.45
Ignition Coil01/08/2016Inv. 497336
Item Description Total Price
Ignition Coil $80.19
Halogen bulb01/08/2016Inv. 497375
Item Description Total Price
Halogen bulb $31.99
Halogen bulb01/08/2016Inv. 497376
Item Description Total Price
Halogen bulb $31.99
4ea Fuse Holder01/11/2016Inv. 497626
Item Description Total Price
4ea Fuse Holder $19.16
4ea Headlight bulb & connectors01/12/2016Inv. 497740
Item Description Total Price
4ea Headlight bulb & connectors $84.44
4 clamps01/13/2016Inv. 497977
Item Description Total Price
2.88
Hose clamps rtn; cr to inv 49797701/13/2016Inv. 497984
Page 9 of 29 2/16/2016Page11
Item Description Total Price
Hose clamps rtn; cr to inv 497977 ($0.04)
Tie Rod End01/14/2016Inv. 498158
Item Description Total Price
Tie Rod End $63.65
9ea Turn signal bulb & 1ea fuse01/14/2016Inv. 498264
Item Description Total Price
9ea Turn signal bulb & 1ea fuse $14.83
Aux Lighter Power Outlet01/15/2016Inv. 498359
Item Description Total Price
Aux Lighter Power Outlet $7.69
Windshield washer fluid & snowbrush01/20/2016Inv. 499081
Item Description Total Price
Windshield washer fluid & snowbrush $24.68
Radiator cap01/22/2016Inv. 499397
Item Description Total Price
Radiator cap $13.49
Battery01/25/2016Inv. 499694
Item Description Total Price
Battery $100.29
Battery01/25/2016Inv. 499703
Item Description Total Price
Battery $64.34
Brake caliper lube & silicone01/25/2016Inv. 499711
Item Description Total Price
Brake caliper lube & silicone $27.28
Oil filter01/25/2016Inv. 499734
Item Description Total Price
Oil filter $11.63
Plug01/25/2016Inv. 499787
Item Description Total Price
Plug $9.30
10ea bulb & aux. lighter power outlet01/25/2016Inv. 499797
Item Description Total Price
10ea bulb & aux. lighter power outlet $17.59
Aux Lighter Power Outlet01/25/2016Inv. 499831
Item Description Total Price
Aux Lighter Power Outlet $7.69
Radiator cap01/26/2016Inv. 499898
Item Description Total Price
Radiator cap $13.99
Battery01/26/2016Inv. 499939
Item Description Total Price
Battery $100.29
Retainer01/27/2016Inv. 500102
Item Description Total Price
Retainer $4.56
Unit 5002 Magnet01/28/2016Inv. 500220
Item Description Total Price
124.03
6ea Powersteering fluid01/28/2016Inv. 500276
Item Description Total Price
6ea Powersteering fluid $33.42
Air Filter01/29/2016Inv. 500351
Item Description Total Price
14.99
2 D- Ring01/29/2016Inv. 500393
Item Description Total Price
18.98
Page 10 of 29 2/16/2016Page12
02/04/2016 $468.26CheckDatePaid: Amount: 100570 Northern Sanitary/Norsan
6ea mopstick & 12ea carpet spot remover 15oz01/20/2016Inv. 178728
Item Description Total Price
6ea mopstick & 12ea carpet spot remover 15oz $170.70
PCC-liners,glass cleaner,mophead,handsoap01/20/2016Inv. 178731
Item Description Total Price
PCC-liners,glass cleaner,mophead,handsoap $297.56
02/04/2016 $600.00CheckDatePaid: Amount: 100571 Nova Consulting
10804 32nd Ave N lead testing01/18/2016Inv. 115788
Item Description Total Price
CDBG housing rehab loan lead testing fees $300.00
1120 CR 101 No lead testing01/18/2016Inv. 115789
Item Description Total Price
CDBG housing rehab loan lead testing fees $300.00
02/04/2016 $320.00CheckDatePaid: Amount: 100572 O & L/Ole and Lena's Garage Door Service
LLCFieldhouse airlock door repairs01/13/2016Inv. 71759
Item Description Total Price
repair of airlock garage doors for fieldhouse $320.00
02/04/2016 $186.73CheckDatePaid: Amount: 100573 Office Depot
1dz markers,planner,3ea 1" binders,3rm copy
paper
01/14/2016Inv. 817893939001
Item Description Total Price
1dz markers,planner,3ea 1" binders,3rm copy paper $50.28
4pk correction tape,1pk kleenex,1" binder,1dz
highlighters,AAA b
01/14/2016Inv. 817901184001
Item Description Total Price
4pk correction tape,1pk kleenex,1" binder,1dz highlighters,AAA b $64.54
3ea 4" binders, 2bx expanding file pockets,A-Z tab
dividers
01/14/2016Inv. 817946592001
Item Description Total Price
3ea 4" binders, 2bx expanding file pockets,A-Z tab dividers $71.91
02/04/2016 $29,537.69CheckDatePaid: Amount: 100574 Owens Companies Inc
PCC cold areas/rooftop unit not working properly01/27/2016Inv. 66217
Item Description Total Price
516.60
PW shop unit heater not working01/27/2016Inv. 66219
Item Description Total Price
518.78
PW wash bay heat /broken surface ignitors01/27/2016Inv. 66222
Item Description Total Price
344.23
CC Conf room warm/rplc actuators on RTU/fix
dampers
01/28/2016Inv. 66231
Item Description Total Price
Replace actuators on RTU and fix dampers at City Hall $1,678.08
Bal PW Mech Bays replace infra-red heaters01/28/2016Inv. 66238
Item Description Total Price
Replace Infra-red heaters in Mechanics bays $26,480.00
02/04/2016 $480.00CheckDatePaid: Amount: 100575 Parallel Technologies Inc
CC fiber cable routing01/15/2016Inv. 47152
Item Description Total Price
Fiber Cable Routing - City Hall $480.00
02/04/2016 $40.50CheckDatePaid: Amount: 100576 Performance Signs & Displays Inc
3 Silver metallic legends for name revisions01/29/2016Inv. 9245
Item Description Total Price
City plaques and office signs 2016 $40.50
Page 11 of 29 2/16/2016Page13
02/04/2016 $2,850.00CheckDatePaid: Amount: 100577 Pixelwerx
2 Event tents & 2 hard cases12/30/2015Inv. 209758
Item Description Total Price
Event Tent for Volunteers $1,425.00
Event Tent Share with Communications $712.50
Tent for community events $712.50
02/04/2016 $200.00CheckDatePaid: Amount: 100578 Plymouth Automotive Inc.
2005 Chevy Malibu tow/storage01/10/2016Inv. 160110
Item Description Total Price
200.00
02/04/2016 $80,766.99CheckDatePaid: Amount: 100579 Plymouth Leased Housing Assoc
12/31/15 TIF 7-7 Stonecreek Paygo Obligation12/31/2015Inv. 151231
Item Description Total Price
TIF 7-7 Stonecreek Paygo Obligation $80,766.99
02/04/2016 $5,700.00CheckDatePaid: Amount: 100580 Postmaster
Bulk Mailing - Newsletter02/03/2016Inv. 160203
Item Description Total Price
Bulk Mailing - Newsletter $5,700.00
02/04/2016 $160.00CheckDatePaid: Amount: 100581 Printers Service Inc
IC 4 77" ice knife sharp12/20/2015Inv. 276226
Item Description Total Price
IC 4 77" ice knife sharp $80.00
IC 3 77" Ice Knife Sharp01/06/2016Inv. 276366
Item Description Total Price
2016 PO for Blade Sharpening Services $60.00
IC 1 77" ice knife sharp01/13/2016Inv. 276440
Item Description Total Price
2016 PO for Blade Sharpening Services $20.00
02/04/2016 $9,933.47CheckDatePaid: Amount: 100582 Rockridge Center LLC
Feb-Apr'16 Park&Ride rent at Nathan Ln01/22/2016Inv. 160122
Item Description Total Price
Park and Ride rent at Nathan Lane First quarter 2016 $9,933.47
02/04/2016 $305.00CheckDatePaid: Amount: 100583 Root-O-Matic
Cc snake of drain going to street01/14/2016Inv. 7642M
Item Description Total Price
6 month maintenance at City Hall $305.00
02/04/2016 $196.24CheckDatePaid: Amount: 100584 Royal Tire Inc
4 Skidsteer recap tires,plus credit01/11/2016Inv. 303144514
Item Description Total Price
4 Skidsteer Recap Tires, plus Credit $196.24
674.72
Cr inv 30314451401/11/2016Inv. 303144556
Item Description Total Price
674.72)
02/04/2016 $874.00CheckDatePaid: Amount: 100585 Sculpture Ice
19 Carving Ice blocks for Fire&Ice02/05/2016Inv. 3342
Item Description Total Price
Ice Blocks for Fire & Ice carvings $874.00
02/04/2016 $2,705.59CheckDatePaid: Amount: 100586 Short Elliott Hendrickson Inc/SEH
Proj8121 Dec'15 traffic systens01/12/2016Inv. 309479
Item Description Total Price
Design Services for Cheshire and Fernbrook Signals $2,705.59
02/04/2016 $350.00CheckDatePaid: Amount: 100587 Shwaders Lawn Care and Landscape
Feb'16 Snow plowing02/01/2016Inv. 11655
Page 12 of 29 2/16/2016Page14
Item Description Total Price
Snow plowing service Feb 2016 IN#11655 $350.00
02/04/2016 $12,560.00CheckDatePaid: Amount: 100588 Sofia's Lawn Care Services
Jan'16 10 Bus Shelter cleaning01/10/2016Inv. 2098
Item Description Total Price
Cleaning, grafitti/sticker removal all Bus Shelters Jan2016 $2,500.00
Feb'16 10 Bus Shelter cleaning02/02/2016Inv. 3020
Item Description Total Price
Deep cleaning&grafitti/sticker removal all Bus SheltersFeb2016 $2,500.00
Jan'16 Stn 73&Reserve cleaning02/02/2016Inv. 3021
Item Description Total Price
Cleaning of Station 73 and Reserve January 2016 $2,700.00
Jan'16 Fire Station 1,2,3 Cleaning02/02/2016Inv. 3023
Item Description Total Price
Cleaning of Fire Stations for January 2016 $4,860.00
02/04/2016 $245.00CheckDatePaid: Amount: 100589 Sport Systems Unlimited/Athletica
Goal frame dolly & snow shovel12/30/2015Inv. 403837
Item Description Total Price
Goal Frame Dolly - Snow Shovel $245.00
02/04/2016 $59,138.85CheckDatePaid: Amount: 100590 SRF Consulting Group, Inc.
Proj16001 Dec'15 Vicksburg Ln
reconstr&expansion
12/31/2015Inv. 082530028
Item Description Total Price
Amount is based on estimation of engineering services needed. $58,980.54
Proj15008 Dec'15 Flashing yellow arrow signal12/31/2015Inv. 08801015
Item Description Total Price
158.31
02/04/2016 $2,228.92CheckDatePaid: Amount: 100591 Stonebrooke Engineering Inc
11.27.15 Bass Lk Rd/Nathan Ln traffic study12/08/2015Inv. 004732
Item Description Total Price
2,228.92
02/04/2016 $23,900.00CheckDatePaid: Amount: 100592 Strategic Custom Solutions Inc
4/1/16-3/31/19 Tintri maintenance01/28/2016Inv. PLY01281601
Item Description Total Price
Gold Support T820 3 year 4/1/16 - 3/31/19 $5,975.00
See Quote COPT820 $0.00
17,925.00
02/04/2016 $1,890.67CheckDatePaid: Amount: 100593 Streicher's Inc
Molly Lynch commendation bar01/20/2016Inv. I1191248
Item Description Total Price
104.95
Molly Lynch commendation bars01/20/2016Inv. I1191250
Item Description Total Price
183.89
3ea Badge; Fire Chief01/25/2016Inv. I1191847
Item Description Total Price
3ea Badge; Fire Chief $329.97
Erik Jacobson New Officer Uniform purchase01/25/2016Inv. I1191928
Item Description Total Price
30.99
Erik Jacobson New Officer Uniform purchase01/25/2016Inv. I1191990
Item Description Total Price
69.98
Erik Jacobson New Officer Uniform purchase01/26/2016Inv. I1192172
Item Description Total Price
283.95
Bret Erickson New Officer Uniform purchase01/27/2016Inv. I1192304
Page 13 of 29 2/16/2016Page15
Item Description Total Price
319.94
6 Two tone badges01/28/2016Inv. I1192497
Item Description Total Price
567.00
02/04/2016 $167.88CheckDatePaid: Amount: 100594 Suburban Tire Wholesale Inc
Unit 698 2 AT25X-12 tires01/13/2016Inv. 10137453
Item Description Total Price
167.88
02/04/2016 $9,500.00CheckDatePaid: Amount: 100595 Suburban Transit Association
2016 Membership dues01/26/2016Inv. 160201
Item Description Total Price
2016 Suburban Transit Association Membership Dues $9,500.00
02/04/2016 $14.77CheckDatePaid: Amount: 100596 Superior Brookdale Ford
Unit 1716 Spord switch01/12/2016Inv. 121877
Item Description Total Price
10.88
Unit 1032 Lamp01/12/2016Inv. 121910
Item Description Total Price
3.89
02/04/2016 $608.83CheckDatePaid: Amount: 100597 ThyssenKrupp Elevator
Jan-Mar'16 IC Elevator maint01/01/2016Inv. 3002299173
Item Description Total Price
Elevator Maintenance Contract $608.83
02/04/2016 $136.00CheckDatePaid: Amount: 100598 TimeSaver Off Site Secretarial
1.12.16 City Council meeting01/28/2016Inv. M21898
Item Description Total Price
Inv #M21898 - Jan 12, 2016 City Council meeting $136.00
02/04/2016 $375.87CheckDatePaid: Amount: 100599 Toll Company
2 Vol 60 propane fuel gas01/04/2016Inv. 10115923
Item Description Total Price
65.95
1 3x36" Green FR jacket01/06/2016Inv. 10116333
Item Description Total Price
34.44
44 .035 spool,rpr finishing compound01/11/2016Inv. 10116870
Item Description Total Price
114.75
3 Vol 99 propane fuel gas01/11/2016Inv. 10116872
Item Description Total Price
105.13
3 60# cylinder propane01/25/2016Inv. 10118918
Item Description Total Price
55.60
02/04/2016 $876.50CheckDatePaid: Amount: 100600 Twin City Garage Door Co
PS Sally Port door emerg repairs01/14/2016Inv. 453757
Item Description Total Price
Replace springs in Sally Port Garage door. PS $876.50
02/04/2016 $124.08CheckDatePaid: Amount: 100601 Viking Trophies
3ea Citizen Awards01/27/2016Inv. 124069
Item Description Total Price
3ea Citizen Awards $124.08
02/04/2016 $33.96CheckDatePaid: Amount: 100602 Walser Chrysler Jeep
Unit 4003 Actuator01/14/2016Inv. 640719
Item Description Total Price
Page 14 of 29 2/16/2016Page16
33.96
02/04/2016 $642.00CheckDatePaid: Amount: 100603 The Watson Company
IC Concession food resupply01/14/2016Inv. 860093
Item Description Total Price
Items for resale in concessions $642.00
02/04/2016 $1,570.70CheckDatePaid: Amount: 100604 Westside Wholesale Tire Inc.
Unit 037 4 P245/65HR17 tires01/08/2016Inv. 338752
Item Description Total Price
627.96
4 235/65TR17 tires01/20/2016Inv. 338977
Item Description Total Price
469.00
3 16x7 8x6.6 pacer tires01/20/2016Inv. 760926
Item Description Total Price
473.74
02/04/2016 $4,633.00CheckDatePaid: Amount: 100605 Wild Mountain
1.22.16 WWMS Ski trip01/23/2016Inv. 8934
Item Description Total Price
Wayzata Middle School Ski Trip; West Jan 22, 2016 $1,986.00
1.22.16 WCMS ski trip01/23/2016Inv. 8935
Item Description Total Price
Wayzata Middle School Ski Trip- Central Jan 22, 2016 $1,752.00
1.22.16 WEMS ski trip01/23/2016Inv. 8936
Item Description Total Price
Wayzata Middle School Ski Trip- East Jan 22, 2016 $895.00
02/04/2016 $491.58CheckDatePaid: Amount: 100606 Working Person's Store
2pr Rubber hip boots01/15/2016Inv. 209761002
Item Description Total Price
2 pr. Rubber Hip boots $491.58
02/04/2016 $31,179.42CheckDatePaid: Amount: 100607 Xcel Energy
11.15/1.3.16 Zach,Rdgmnt,Lacompt,e Med
plyflds,PCC path
01/12/2016Inv. 51450946641215
Item Description Total Price
560.06
1.1/1.19.16 ElmCrk Conc,Plyflds,Pavilion01/22/2016Inv. 51509749550116
Item Description Total Price
2,421.80
11.30/12.31.15 ElmCrk Conc,plyflds,Pavilion01/22/2016Inv. 51509749551215
Item Description Total Price
861.26
11.30/1.3.16 8 Lift Stations less outage/interim
refunds
01/14/2016Inv. 51520312001215
Item Description Total Price
1,912.48
11.16/1.3.16 4 Transit shelters01/12/2016Inv. 51593725791215
Item Description Total Price
1,476.09
1.1/1.18.16 Ice Center Bldg01/25/2016Inv. 51671079400116
Item Description Total Price
10,144.89
11.25/1.2.16 FS1,PW,FS2,some of IC01/25/2016Inv. 51671079401215
Item Description Total Price
11.30/1.2.16 FS 1 $390.64
11.25/1.2.16 Public Works Bldg $2,306.53
11.30/1.2.16 FS 2 $452.06
12.15/12.31.16 Ice Center $9,017.76
11.17/1.5.16 Traffic Signals01/12/2016Inv. 51685621581215
Item Description Total Price
Page 15 of 29 2/16/2016Page17
1,635.85
02/04/2016 $32.13CheckDatePaid: Amount: 100608 Sara Cwayna
Office Max reimb folders/public ed program01/27/2016Inv. 160127
Item Description Total Price
32.13
02/04/2016 $1,050.00CheckDatePaid: Amount: 100609 Dad's Belgium Waffles
2.7.16 Waffle Breakfast02/03/2016Inv. 160207
Item Description Total Price
payment for 2/7/16 waffle breakfast $1,050.00
02/04/2016 $40.48CheckDatePaid: Amount: 100610 Sonya Rippe
1.13/1.21.16 Reimb 62 Mileage workshops01/21/2016Inv. 150121
Item Description Total Price
33.48
Reimb parking at HC Bike workshop01/13/2016Inv. 160113
Item Description Total Price
7.00
02/04/2016 $155.54CheckDatePaid: Amount: 100611 Tammy Ward
Reimb Costco/office white board01/05/2016Inv. 160105
Item Description Total Price
155.54
02/11/2016 $7.00CheckDatePaid: Amount: 100612 Burak, Barb
Park and Rec Refund02/09/2016Inv. Import - 3254
Item Description Total Price
7.00
02/11/2016 $94.00CheckDatePaid: Amount: 100613 Kleve, Heather
Park and Rec Refund02/09/2016Inv. Import - 3255
Item Description Total Price
94.00
02/11/2016 $6.00CheckDatePaid: Amount: 100614 Emery, Bridget
Park and Rec Refund02/02/2016Inv. Import - 3256
Item Description Total Price
6.00
02/11/2016 $270.00CheckDatePaid: Amount: 100615 3M
1 Rls 30"x100yd trans tape01/19/2016Inv. TP76815
Item Description Total Price
270.00
02/11/2016 $295.00CheckDatePaid: Amount: 100616 ACCO/General Binding Corp
Ultima 65 install/training01/22/2016Inv. 2486564
Item Description Total Price
Inv #2486564 - Ultima 65 Install & Training $295.00
02/11/2016 $740.19CheckDatePaid: Amount: 100617 Acme Tools
DeWalt premium lithium 2 pk01/04/2016Inv. 3895853
Item Description Total Price
DeWalt premium lithium 2 pk $149.00
56 Tooth chain01/13/2016Inv. 3914181
Item Description Total Price
56 Tooth chain $49.98
2ea screwdrivers & LED flashlights,gooseneck hex
connecting bar
01/21/2016Inv. 3928551
Item Description Total Price
2ea screwdrivers & LED flashlights,gooseneck hexconnecting bar $230.95
6ea Extractor 3/4-19MM, 2ea Hanson 1" Extractor01/25/2016Inv. 3934446
Item Description Total Price
6ea Extractor 3/4-19MM, 2ea Hanson 1" Extractor $151.92
Washer, rubber washer, plastic spacer01/26/2016Inv. 3937240
Page 16 of 29 2/16/2016Page18
Item Description Total Price
Washer, rubber washer, plastic spacer $16.24
Hard hat, 3ea mini bar clamp, 6ea one-handed mini
bar clamp
01/27/2016Inv. 3939827
Item Description Total Price
Hard hat, 3ea mini bar clamp, 6ea one-handed mini bar clamp $130.90
Cap fuel filler01/29/2016Inv. 3943972
Item Description Total Price
Cap fuel filler $11.20
02/11/2016 $293.34CheckDatePaid: Amount: 100618 Adam's Pest Control, Inc.
Jan-Mar'16 FS2 Pest Control02/02/2016Inv. 2370917
Item Description Total Price
94.34
Lancaster LS mice/rat pest control02/08/2016Inv. 2375367
Item Description Total Price
199.00
02/11/2016 $319.40CheckDatePaid: Amount: 100619 Al's Coffee Company
IC Concession coffee resupply01/22/2016Inv. 125839
Item Description Total Price
Items for resale in the concession stand $319.40
02/11/2016 $258.30CheckDatePaid: Amount: 100620 Aset Supply and Paper Inc
10cs 40x46 black liners01/21/2016Inv. 44609
Item Description Total Price
Liners $258.30
02/11/2016 $5,794.79CheckDatePaid: Amount: 100621 AVI Systems Inc
Jan-Dec'16 SMA for Cable&Chambers AV
equipment support
01/22/2016Inv. 88401780
Item Description Total Price
SMA for Cable & Chambers AV Equipment $5,794.79
02/11/2016 $220,974.00CheckDatePaid: Amount: 100622 Bassett Creek Watershed Management
2/1/16-1/31/17 Membership Assessment02/10/2016Inv. 160201
Item Description Total Price
Membership Assessment Bassett Creek $202,559.50
18,414.50
02/11/2016 $294.90CheckDatePaid: Amount: 100623 Bound Tree Medical LLC
AED pads02/03/2016Inv. 82046940
Item Description Total Price
AED pads $294.90
02/11/2016 $186.96CheckDatePaid: Amount: 100624 Boyer Trucks
2ea Gunite Slack Adjuster01/19/2016Inv. 1027365
Item Description Total Price
2ea Gunite Slack Adjuster $123.64
Gunite Slack Adjuster01/22/2016Inv. 1027365X1
Item Description Total Price
Gunite Slack Adjuster $63.32
02/11/2016 $1,583.00CheckDatePaid: Amount: 100625 Braun Intertec Corporation
Proj15006 10.31.15 Vicksburg Ln S mill/overlay
testing
12/03/2015Inv. B045652
Item Description Total Price
Vicksburg Lane S Mill and Overlay Testing $1,583.00
02/11/2016 $12.75CheckDatePaid: Amount: 100626 Buffalo Dry Cleaners/D&S Delivery
1.18.16 IC Concession rag cleaning service01/18/2016Inv. 73090
Item Description Total Price
Concession rag cleaning service $12.75
02/11/2016 $7,371.95CheckDatePaid: Amount: 100627 Cargill Inc
Page 17 of 29 2/16/2016Page19
87.18 ton Treated Road salt01/18/2016Inv. 2902643295
Item Description Total Price
Treated Road Salt In# 2902640217, 2902643295 $7,371.95
02/11/2016 $6,525.00CheckDatePaid: Amount: 100628 CBS Construction Services Inc
R201304832/R201304805 Ref erosion/Fin guar
West Health TCU
02/10/2016Inv. 131030
Item Description Total Price
Refund of cash financial guarantee for erosion control $5,525.00
Erosion Control Cash Deposit refund $1,000.00
02/11/2016 $69,707.86CheckDatePaid: Amount: 100629 CDW Government Inc
LanDesk Mgmnt Sftwr/Hdwe 1/1/16-12/31/1601/20/2016Inv. BRL1620
Item Description Total Price
Lan Desk Data Analytics $9,125.00
LanDesk Data Analytics Maintenance $2,000.00
LanDesk Mgt Suite $17,920.00
LandDesk Mgt Suite Maintenance $3,944.00
LanDesk Patch Mgt Maintenance $2,880.00
LanDesk Service Desk Primary $15,200.00
LanDesk Service Desk Primary Maintenance $3,344.00
Lan Desk Service Desk Concurrent License $10,640.00
LanDesk Service Desk Concurrent Maintenance $2,340.80
Quote # GSCS923 $0.00
HP SB 90w Slim AC Adapter01/18/2016Inv. BSW3991
Item Description Total Price
HP SB 90w Slim AC Adapter $78.79
Wireless mouse/keyboard, LED monitor, HP Pro
Book, adapter
01/19/2016Inv. BTK6577
Item Description Total Price
Wireless Mouse/Keyboard $31.54
LG 24MB35PY-B - LED monitor $188.66
HP Pro Book G3 i5 $744.13
Mini DIsplay port to DIsplay port cable $10.41
Epson Workforce Scanner01/20/2016Inv. BTM4668
Item Description Total Price
Epson Workforce Scanner $278.89
Apple Mac Mini01/20/2016Inv. BTP6938
Item Description Total Price
Apple Mac Mini $718.90
MS SLD+ Office STD 2016 APP01/21/2016Inv. BTW4149
Item Description Total Price
MS SLD+ Office STD 2016 APP $262.74
02/11/2016 $505.00CheckDatePaid: Amount: 100630 CenturyLink
Feb'16 E44.0479 /discontiued mid Feb02/01/2016Inv. E4404790216
Item Description Total Price
505.00
02/11/2016 $18,469.00CheckDatePaid: Amount: 100631 Custom Home Builders
R201501694 4.17.15 Tree Preserv ref10850 CR
15
02/10/2016Inv. 150417
Item Description Total Price
Refund of Tree Prweservation cash deposit for Fretham 23rd - 201 $18,469.00
02/11/2016 $14,402.92CheckDatePaid: Amount: 100632 D R Horton
Reduce ESC10098D Steeple Hill02/10/2016Inv. ESC10098
Item Description Total Price
Reduction Dev Contract Escrow (ESC10098D)-Steeple Hill (2010098) $14,402.92
02/11/2016 $248.50CheckDatePaid: Amount: 100633 Dad's Belgium Waffles
2.5.16 Bal owed for addl plates02/07/2016Inv. 120986
Item Description Total Price
payment for additional customers $248.50
Page 18 of 29 2/16/2016Page20
02/11/2016 $853.40CheckDatePaid: Amount: 100634 Dalco
PCC 12cs Hand towels, 3cs TP02/01/2016Inv. 2984551
Item Description Total Price
PCC 12cs Hand towels, 3cs TP $853.40
02/11/2016 $970.00CheckDatePaid: Amount: 100635 Dave's Sprinkler Repair
10690 45th Ave dog fence repairs11/02/2014Inv. 2267
Item Description Total Price
Sprinkler Repairs $150.00
10700 45th Ave dog fence repairs11/02/2014Inv. 2268
Item Description Total Price
Sprinkler Repairs $137.02
12.98
4550 Magnolia Ln fence repairs11/02/2014Inv. 2269
Item Description Total Price
Sprinkler Repairs $150.00
10615 47th AVe n sprinkler repairs11/02/2014Inv. 2270
Item Description Total Price
Sprinkler Repairs $65.00
4295 Rosewood Ln sprinkler head repairs11/02/2014Inv. 2271
Item Description Total Price
Sprinkler Repairs $65.00
4850 Valley Forge sprinkler head repair11/02/2014Inv. 2272
Item Description Total Price
Sprinkler Repairs $65.00
4575 Oakview Ln Sprinkler head repairs11/02/2014Inv. 2273
Item Description Total Price
Sprinkler Repairs $65.00
4810 Valley Forge sprinkler head repair11/02/2014Inv. 2274
Item Description Total Price
Sprinkler Repairs $65.00
4545 Magnolia Ln sprinkler head repair11/02/2014Inv. 2275
Item Description Total Price
Sprinkler Repairs $65.00
12840 46th Ave sprinkler head repair11/02/2014Inv. 2276
Item Description Total Price
Sprinkler Repairs $65.00
12510 47th Ave sprinkler head repair11/02/2014Inv. 2277
Item Description Total Price
Sprinkler Repairs $65.00
02/11/2016 $195.00CheckDatePaid: Amount: 100636 Days Plumbing Service Co
6.12.15 rpr/rebuild 2" RPZ for hydrant12/22/2015Inv. 3607293
Item Description Total Price
Rebuild rpz for hydrants $195.00
02/11/2016 $118.71CheckDatePaid: Amount: 100637 DTS/Document Technology
Waste toner container01/20/2016Inv. INV118207
Item Description Total Price
Waste toner container $103.69
12.22.15/1.21.16 overage01/22/2016Inv. INV118617
Item Description Total Price
12.22.15/1.21.16 overage $15.02
02/11/2016 $321.00CheckDatePaid: Amount: 100638 DTS/Document Technology
1.22/2.21.16 Printer maint01/22/2016Inv. INV118618
Item Description Total Price
321.00
02/11/2016 $224.56CheckDatePaid: Amount: 100639 ECM Publishers Inc
Bids-Schmidt Lake Rd signals; STR 1201008/30/2015Inv. 251688
Item Description Total Price
Page 19 of 29 2/16/2016Page21
Bids-Schmidt Lake Rd signals; STR 12010 $163.12
Bids - Trail & Parking lot paving01/21/2016Inv. 297133
Item Description Total Price
Bids - Trail & Parking lot paving $61.44
02/11/2016 $160.00CheckDatePaid: Amount: 100640 Electronic Communication Systems LLC/ECSI
Exacqvision Camera License01/21/2016Inv. 25768
Item Description Total Price
Exacqvision Camera License $160.00
02/11/2016 $17,456.72CheckDatePaid: Amount: 100641 Elm Creek Watershed Mgmt Comm
2016 Member Assessment01/01/2016Inv. 206
Item Description Total Price
Membership Assessment Elm Creek $17,456.72
02/11/2016 $170.00CheckDatePaid: Amount: 100642 Emergency Response Solutions
Chemguard Class A Plus replacement foam01/29/2016Inv. 5661
Item Description Total Price
Chemguard Class A Plus replacement foam $170.00
02/11/2016 $225.43CheckDatePaid: Amount: 100643 FedEx
1.6/1.8.16 RAD,IT01/27/2016Inv. 530045104
Item Description Total Price
225.43
02/11/2016 $873.88CheckDatePaid: Amount: 100644 Ferguson Waterworks
4ea Locator repair01/27/2016Inv. 0180049
Item Description Total Price
4ea Locator repair $689.34
4ea Reducer coupling & 2ea gate valve02/01/2016Inv. 3817967
Item Description Total Price
4ea Reducer coupling & 2ea gate valve $184.54
02/11/2016 $491.84CheckDatePaid: Amount: 100645 Fidelity Building Services LLC
Claim 2016.01 emerg clean up/admin pipe break01/29/2016Inv. 199013
Item Description Total Price
Invoice 199013, Emergency Clean Up City Hall, COP Prop 2016 -01 $491.84
02/11/2016 $2,178.00CheckDatePaid: Amount: 100646 Fire Equipment Specialities
R Coppa Turn Out gear01/26/2016Inv. 9136
Item Description Total Price
Turn Out Gear $2,178.00
02/11/2016 $658.95CheckDatePaid: Amount: 100647 FleetPride
12ea Mudflaps01/20/2016Inv. 74729452
Item Description Total Price
12ea Mudflaps $118.20
4ea brake drum & brake shoe kit, 1ea piggyback
plus kit
01/22/2016Inv. 74765959
Item Description Total Price
4ea brake drum & brake shoe kit, 1ea piggyback plus kit $540.75
02/11/2016 $435.29CheckDatePaid: Amount: 100648 FMS Investment Corp
WAGE GARN % - Education Garnishment % 02/05/2016Inv. 2016-00000023
Item Description Total Price
02/05/2016 Deduction Education Garnishment % $435.29
02/11/2016 $22,623.90CheckDatePaid: Amount: 100649 Force America/VariTech Industries
Tanks for salt brine mixing facility01/19/2016Inv. IN0601006963
Item Description Total Price
Tanks for salt brine mixing facility $22,623.90
02/11/2016 $490.08CheckDatePaid: Amount: 100650 G&K Services Inc
1.18.16 CC rug service01/18/2016Inv. 1006502088
Item Description Total Price
176.43
Page 20 of 29 2/16/2016Page22
01.22.16 PW/PM Uniform rentals/laundry01/22/2016Inv. 1006511506
Item Description Total Price
01.22.16 PW/PM Uniform rentals/laundry $313.65
02/11/2016 $363.72CheckDatePaid: Amount: 100651 Grainger
2ea Straight blade connectors01/19/2016Inv. 9002261494
Item Description Total Price
2ea Straight blade connectors $81.34
Workbench01/20/2016Inv. 9003834919
Item Description Total Price
Workbench $184.88
2ea Dye tracer 1gal01/22/2016Inv. 9004669504
Item Description Total Price
2ea Dye tracer 1gal $97.50
02/11/2016 $93.89CheckDatePaid: Amount: 100652 Graybar Electric Company
6ea DC chargers for waypoint spotlights01/20/2016Inv. 983154603
Item Description Total Price
DC chargers for waypoint spot lights $93.89
02/11/2016 $77.25CheckDatePaid: Amount: 100653 Maria Hanson
Park & Rec Refund02/10/2016Inv. 160209
Item Description Total Price
Park & Rec Refund $77.25
02/11/2016 $258.00CheckDatePaid: Amount: 100654 Hawkins Ash CPAs LLP
Feb'16 Section 8 acctg services02/05/2016Inv. 3028506
Item Description Total Price
Unaudited Finance Statements-Client #3026707- Invoice # 3026707 $258.00
02/11/2016 $2,309.12CheckDatePaid: Amount: 100655 Hennepin County Treasurer
Jan'16 Per Diem prisoners01/31/2016Inv. 1000069658
Item Description Total Price
HC Booking & Per Diem Charges #69658 Jan $2,309.12
02/11/2016 $29.49CheckDatePaid: Amount: 100656 Henry's Waterworks Inc
3ea 12" gaskets01/21/2016Inv. 18243
Item Description Total Price
12" Gaskets $29.49
02/11/2016 $1,390.00CheckDatePaid: Amount: 100657 Highway Handyman Products Inc
12" Hand squeeze roll applicator & air cylinder kit01/19/2016Inv. 16895
Item Description Total Price
12" hand roller $1,390.00
02/11/2016 $80.91CheckDatePaid: Amount: 100658 Hillyard Inc - Minneapolis
Squeegee bracket kit01/19/2016Inv. 700218406
Item Description Total Price
Squeegee Bracket $80.91
02/11/2016 $90.07CheckDatePaid: Amount: 100659 Hotsy Minnesota
2 Gun swivels02/01/2016Inv. 51013
Item Description Total Price
Swivels for Gun #785 $90.07
02/11/2016 $640.00CheckDatePaid: Amount: 100660 Instrumental Research Inc
Dec'15 Water testing01/13/2016Inv. 9876
Item Description Total Price
State Health samples $640.00
02/11/2016 $26,144.00CheckDatePaid: Amount: 100661 J P Schmitz Construction Co LLC
2735 Olive Ln N excavate leaking water service02/04/2016Inv. 2016001
Item Description Total Price
2735 Olive, service repair. city side. 2016001 $3,478.00
5410 Norwood Ln N excavate leaking water service02/04/2016Inv. 2016002
Page 21 of 29 2/16/2016Page23
Item Description Total Price
2016002. 5410 Norwood city line replaced $3,198.00
13314 39th Ave excavate leaking water service02/04/2016Inv. 2016003
Item Description Total Price
2016003. 13314 39th ave replace city service $3,422.00
10525 40th Ave excavate leaking water service02/04/2016Inv. 2016004
Item Description Total Price
2016004. 10525 24th ave, cityservice lione replaced $3,100.00
13416 34th Ave excavate leaking water service02/04/2016Inv. 2016005
Item Description Total Price
2016005. 13416 34th ave. City service line replaced $3,100.00
11640 44th Ave N excavate leaking water service02/04/2016Inv. 2016007
Item Description Total Price
2016007. 11640 44th ave. Replaced city line. $3,310.00
5095 Ives Ln N excavate leaking water service02/04/2016Inv. 2016008
Item Description Total Price
2016008 5095 Ives Ln. Replace city service line $3,338.00
505 Zircon Ln N excavate leaking water service02/09/2016Inv. 2016009
Item Description Total Price
2016009 505 Zircon Repaced city sevice line $3,198.00
02/11/2016 $1,622.50CheckDatePaid: Amount: 100662 Kevitt Excavating LLC
R20140404 5.14.14 Partial refund Rose Garden
erosion
02/10/2016Inv. 140514A
Item Description Total Price
Erosion control Cash deposit for Rose Garden Dev. 2014007 $1,622.50
02/11/2016 $186.35CheckDatePaid: Amount: 100663 Lano Equipment Inc
2ea VIR-VBW Skid shoe weldment01/19/2016Inv. 03349552
Item Description Total Price
2ea VIR-VBW Skid shoe weldment $162.41
2ea Oil filters01/21/2016Inv. 03350050
Item Description Total Price
2ea Oil filters $23.94
02/11/2016 $34.76CheckDatePaid: Amount: 100664 Larson Companies/Peterbilt
Spin-on-lube, filters, element-hd air01/22/2016Inv. F260220168
Item Description Total Price
Spin-on-lube, filters, element-hd air $34.76
02/11/2016 $1,790.00CheckDatePaid: Amount: 100665 League of Minnesota Cities
2016 Stormwater Coalition Membership01/01/2016Inv. 230107
Item Description Total Price
2016 MN Cities Stormwater Coalition - Membership Renewal $1,790.00
02/11/2016 $1,623.00CheckDatePaid: Amount: 100666 Leap Manufacturing LLC
Asphalt for Xenium dig02/05/2016Inv. 477
Item Description Total Price
blacktop for Xenium dig $1,623.00
02/11/2016 $995.00CheckDatePaid: Amount: 100667 Leffler Printing Company Inc
Claim 2016.01 1,000 Econ Dev reprint01/29/2016Inv. 19371
Item Description Total Price
Invoice 19371, 1000 Econ Dev reprint; COP Prop 2016-01 $995.00
02/11/2016 $66.25CheckDatePaid: Amount: 100668 LexisNexis Risk Data Management Inc
Jan'16 LexisNexis01/31/2016Inv. 103455820160131
Item Description Total Price
Monthly Statement-Investigative Tool $66.25
02/11/2016 $319.20CheckDatePaid: Amount: 100669 Litin Paper
4 cs Biobag garbage liners01/19/2016Inv. 454651
Item Description Total Price
garbage bags $319.20
Page 22 of 29 2/16/2016Page24
02/11/2016 $61.47CheckDatePaid: Amount: 100670 Lowe's
Unibit step #4 bit, elbow, cap, clamps01/29/2016Inv. 923435
Item Description Total Price
Unibit step #4 bit, elbow, cap, clamps $61.47
02/11/2016 $418.49CheckDatePaid: Amount: 100671 LSC Resource Inc
2,001 HRA Checks01/20/2016Inv. 25211
Item Description Total Price
Invoice #25211 - Plymouth HRA Checks - New Bank $418.49
02/11/2016 $360.00CheckDatePaid: Amount: 100672 Marco
1.28/1.29.16 trouble shoot phones01/29/2016Inv. INV3097032
Item Description Total Price
Professional services $360.00
02/11/2016 $110.00CheckDatePaid: Amount: 100673 Medicine Lake Tours
2.3.16 addl passengers Rice Park trip02/03/2016Inv. 160203
Item Description Total Price
payment for additional passengers Rice Park Trip $110.00
02/11/2016 $257.76CheckDatePaid: Amount: 100674 MES Inc
12ea Air mask bags01/20/2016Inv. 00707116SNV
Item Description Total Price
12ea Air mask bags $257.76
02/11/2016 $128.05CheckDatePaid: Amount: 100675 Metro Products Inc
Hex Nut & Meg Mech drill bits12/17/2015Inv. 113692
Item Description Total Price
Hex Nut & Meg Mech drill bits $80.11
6ea Gloss Black MRO01/19/2016Inv. 114385
Item Description Total Price
6ea Gloss Black MRO $47.94
02/11/2016 $45.00CheckDatePaid: Amount: 100676 Metropolitan Area Mgmt. Assoc/MAMA
2016 Dave Callister membership01/22/2016Inv. 2048
Item Description Total Price
Inv #2048 - 2016 Membership Dues $45.00
02/11/2016 $6,312.00CheckDatePaid: Amount: 100677 Midwest Blinds
PCC Plymouth Room blind replacement01/20/2016Inv. 31621
Item Description Total Price
replaced Plymouth Room blinds $6,312.00
02/11/2016 $341.04CheckDatePaid: Amount: 100678 Midwest Lawn Sprinklers
4615 Xene Ln sprnklr syst repairs01/07/2016Inv. 122013126
Item Description Total Price
Sprinkler Repair $341.04
02/11/2016 $84,667.33CheckDatePaid: Amount: 100679 Minger Construction Inc
Proj15014 #1 Water Front LS rehab12/31/2015Inv. 151231
Item Description Total Price
Water Front Lift Station Rehabilitation Contract $84,667.33
02/11/2016 $1,050.00CheckDatePaid: Amount: 100680 Minnesota AWWA
4.5.16 6 Registrations for operator school02/09/2016Inv. 160415
Item Description Total Price
Metro Water School $1,050.00
02/11/2016 $1,489.89CheckDatePaid: Amount: 100681 Minnesota Pipe & Equipment
2ea Manhole Lid Extractors01/20/2016Inv. 0350707
Item Description Total Price
two manhole extractors $451.00
Hydrant parts;12ea flange gaskets & flanges,traffice
repair,10"
01/20/2016Inv. 0350795
Item Description Total Price
Page 23 of 29 2/16/2016Page25
Hydrant parts $773.76
Manhole Extractor01/20/2016Inv. 0350866
Item Description Total Price
Manhole Extractor $265.13
02/11/2016 $288.00CheckDatePaid: Amount: 100682 Minnesota Recreation & Park Assoc/MRPA
16 Basketball team registration01/29/2016Inv. 8785
Item Description Total Price
Basketball Team Registrations $288.00
02/11/2016 $444.19CheckDatePaid: Amount: 100683 Mint Roofing Inc
PW Mechanical room roof leak01/31/2016Inv. 60519
Item Description Total Price
444.19
02/11/2016 $75.00CheckDatePaid: Amount: 100684 MN BCA
David Groth 1.22.16 DMT Recertif02/10/2016Inv. 27275OLDMT16C
Item Description Total Price
Registration for DMT Recert-Groth $75.00
02/11/2016 $1,375.00CheckDatePaid: Amount: 100685 MN Rural Water Association/MRWA
3.1/3.3.16 5 Registr Water/Wastewater conf02/10/2016Inv. 160301
Item Description Total Price
School for Glen W, Scott N, Ben P, Tim P and Kevin M $1,375.00
02/11/2016 $1,312.00CheckDatePaid: Amount: 100686 NCPERS Minnesota
Feb'16 Voluntary Life Ins premium01/22/2016Inv. 6956216
Item Description Total Price
Billing 6956216, Feb. 2016 Voluntary Life Ins Premiums $1,312.00
02/11/2016 $250.00CheckDatePaid: Amount: 100687 Nelson Computer Training Inc
1.19.16 PowerPoint Training01/19/2016Inv. 1406
Item Description Total Price
Invoice 1406: 01/19/2016 PowerPoint Training $250.00
02/11/2016 $101,920.75CheckDatePaid: Amount: 100688 New Look Contracting Inc
Proj11042&15005 #1 Everest&Parkdale Drainage12/31/2015Inv. 151231
Item Description Total Price
Everest & Parkdale Drainage Improvement $101,920.75
02/11/2016 $406.03CheckDatePaid: Amount: 100689 Northern Sanitary/Norsan
IC handsoap,sponges,tile clnr,waxed bags,urinal
screens
01/28/2016Inv. 178865
Item Description Total Price
406.03
02/11/2016 $1,375.42CheckDatePaid: Amount: 100690 Office Depot
1bx Laser address labels01/08/2016Inv. 816531248001
Item Description Total Price
1bx Laser address labels $49.54
Self inking dater w/ extra pad01/11/2016Inv. 816531302001
Item Description Total Price
Self inking dater w/ extra pad $15.83
Erasable/reversible wall planner,wall calendar,blue
red pens,e
01/08/2016Inv. 816593385001
Item Description Total Price
Erasable/reversible wall planner,wall calendar,blue & red pens,e $82.40
2ea Desktop reference rack01/08/2016Inv. 817047558001
Item Description Total Price
2ea Desktop reference rack $79.54
6ea binders,3bx twin pocket portfolios,2pk brochure
paper,magnif
01/11/2016Inv. 817047581001
Item Description Total Price
6ea binders,3bx twin pocket portfolios,2pk brochure paper,magnif $194.61
Cable ties01/11/2016Inv. 817047582001
Page 24 of 29 2/16/2016Page26
Item Description Total Price
Cable ties $10.91
2bx avery business cards stock,receipt
book,dry-erase markers,ca
01/11/2016Inv. 817064166001
Item Description Total Price
2bx avery business cards stock,receipt book,dry-erase markers,ca $135.02
2ea Desktop reference rack;cr to inv 81704755800101/22/2016Inv. 818312861001A
Item Description Total Price
2ea Desktop reference rack;cr to inv 817047558001 ($79.54)
Tab dividers,25ea desk file sorter,9ea binders01/21/2016Inv. 819137755001
Item Description Total Price
Tab dividers,25ea desk file sorter,9ea binders $434.66
5ea surge protector01/21/2016Inv. 819160973001
Item Description Total Price
5ea surge protector $75.95
1dz steno books,1bx
folders,calendar,cover-up&labeling tape,4usb
01/21/2016Inv. 819273647001
Item Description Total Price
1dz steno books,1bx folders,calendar,cover -up&labeling tape,4usb $194.32
Pre-inked stamp01/23/2016Inv. 819273773001
Item Description Total Price
Pre-inked stamp $24.99
10ea surge protector, mounting tape01/22/2016Inv. 819449622001
Item Description Total Price
10ea surge protector, mounting tape $157.19
02/11/2016 $104.00CheckDatePaid: Amount: 100691 Office of MN IT Services
Jan'16 Router/CSU for CJDN02/03/2016Inv. DV16010511
Item Description Total Price
Estimate Router/CSU for CJDN 2016 $104.00
02/11/2016 $3,515.20CheckDatePaid: Amount: 100692 Rayito de Sol LLC
Jan-Feb'16 Zumba02/01/2016Inv. 160201
Item Description Total Price
Zumba - Jan-Feb 2016 $3,109.60
Jan-Feb'16 Zumba Gold02/01/2016Inv. 160201A
Item Description Total Price
Zumba Gold - Jan-Feb 2016 $280.80
124.80
02/11/2016 $49.00CheckDatePaid: Amount: 100693 Real Time Translations Inc/RTT
Feb16 PD access fees/Jan minutes used02/01/2016Inv. 108221
Item Description Total Price
February Access Charge and Usage $49.00
02/11/2016 $68,863.20CheckDatePaid: Amount: 100694 Republic Services #894
Jan'16 IC Rubbish Removal01/25/2016Inv. 0894004000006
Item Description Total Price
January Trash Service $373.45
Jan'16 Dropoff/Curbside recycling01/31/2016Inv. 0894004002843
Item Description Total Price
Curbside Residential Recycling January 2016 $65,156.91
Sun Valley Mobile Home Park January 2016 $98.84
Drop-off Site January 2016 $3,234.00
02/11/2016 $190.00CheckDatePaid: Amount: 100695 Rick Johnson Deer & Beaver
Jan'16 2 Dead Deer call pickups02/01/2016Inv. 160131
Item Description Total Price
January deer pickup $190.00
02/11/2016 $700.00CheckDatePaid: Amount: 100696 Room to Breathe
1.4/2.16.16 Fitness class instruction02/10/2016Inv. 160210
Page 25 of 29 2/16/2016Page27
Item Description Total Price
Fitness - Chair, Tone, Mindful - Jan 16 $700.00
02/11/2016 $55,777.10CheckDatePaid: Amount: 100697 Shingle Creek Watershed Mngmnt
Commission2016Membership Assessment01/01/2016Inv. 236
Item Description Total Price
Membership Assessment Shingle Creek $55,777.10
02/11/2016 $4,171.52CheckDatePaid: Amount: 100698 Short Elliott Hendrickson Inc/SEH
Proj12010 Dec'15 Traffic signal system01/12/2016Inv. 309473
Item Description Total Price
Design Services for Cheshire and Fernbrook Signals $377.74
Dec'15 2014 Antenna projects
R2014.1992/2015.5932
01/19/2016Inv. 309768
Item Description Total Price
At and T Zach WT, Verizon at La Compte $938.48
Dec'15 2016 Antenna projects R2015.5365 &
R2015.5874
01/19/2016Inv. 309770
Item Description Total Price
Verizon PCS-LTE at Zach At and T at La Compte LTE $2,855.30
02/11/2016 $339.71CheckDatePaid: Amount: 100699 Audrey M Splinter-Fresh & Gregory A Fresh
15810 51st Ave N water refund02/10/2016Inv. 24154275
Item Description Total Price
Utility Refund #24154275 15810 51st Ave N $339.71
02/11/2016 $126.95CheckDatePaid: Amount: 100700 Streicher's Inc
Nameplate & lettering; M Nordby01/27/2016Inv. I1192311
Item Description Total Price
Nameplate & lettering; M Nordby $19.98
Tactical Thigh Holster; S Kliest02/02/2016Inv. I1193389
Item Description Total Price
Tactical Thigh Holster; S Kliest $54.99
Name tags; E Jacobson02/04/2016Inv. I1193813
Item Description Total Price
Name tags; E Jacobson $51.98
02/11/2016 $62.33CheckDatePaid: Amount: 100701 Superior Brookdale Ford
3ea keys01/21/2016Inv. 122227
Item Description Total Price
3ea keys $16.23
Hose01/21/2016Inv. 122229
Item Description Total Price
Hose $46.10
02/11/2016 $56.58CheckDatePaid: Amount: 100702 T Mobile
Feb'16 UT/SW GPS02/02/2016Inv. 4659773110216
Item Description Total Price
56.58
02/11/2016 $390.00CheckDatePaid: Amount: 100703 Taser Training
5.7.15 Andy Clayburn V19 taser training05/07/2015Inv. TASE27666
Item Description Total Price
Registration for Training-Clayburn $390.00
02/11/2016 $13,083.51CheckDatePaid: Amount: 100704 Taylor Electric Company LLC
CWP Exterior lighting01/16/2016Inv. 853
Item Description Total Price
Exterior Lighting-CWP $1,990.90
CWPexterior lighting01/16/2016Inv. 854
Item Description Total Price
Exterior Lighting-CWP $5,827.07
OCWP lighting and demo work01/16/2016Inv. 855
Item Description Total Price
Page 26 of 29 2/16/2016Page28
Lighting and demo work-Old CWP $2,259.00
ZWP interior lighting work01/16/2016Inv. 856
Item Description Total Price
Interior Lighting Work-ZWP $2,769.04
OCWP electrical demo01/16/2016Inv. 857
Item Description Total Price
Lighting and demo work-Old CWP $237.50
02/11/2016 $2,184.99CheckDatePaid: Amount: 100705 TDS Metrocom
Feb'16 509.5000 Land lines/long distance02/13/2016Inv. 50950000216
Item Description Total Price
2,184.99
02/11/2016 $65.74CheckDatePaid: Amount: 100706 Terminal Supply Company
2ea Mini ball valve01/19/2016Inv. 7757001
Item Description Total Price
2ea Mini ball valve $65.74
02/11/2016 $146.59CheckDatePaid: Amount: 100707 Toll Company
6ea Polifan flap disc & ER70S-6 spool01/21/2016Inv. 10118515
Item Description Total Price
6ea Polifan flap disc & ER70S-6 spool $146.59
02/11/2016 $476.00CheckDatePaid: Amount: 100708 Truck Utilities & Mfg. Inc.
Parts for plow on LS truck01/04/2016Inv. 0293282
Item Description Total Price
Parts for plow on LS truck $476.00
02/11/2016 $12,140.00CheckDatePaid: Amount: 100709 Ultramax
Various ammunition for PD01/20/2016Inv. 156602
Item Description Total Price
2016 ammo delivery 1 $12,140.00
02/11/2016 $1,472.59CheckDatePaid: Amount: 100710 Uniforms Unlimited Inc.
Whitney Dorn New Officer Uniform purchase01/20/2016Inv. 126252
Item Description Total Price
568.91
Anthony Boone PT CSO pants,shirts01/20/2016Inv. 126262
Item Description Total Price
338.76
Brett Erickson New Officer Uniform purchase01/21/2016Inv. 126982
Item Description Total Price
564.92
02/11/2016 $335.84CheckDatePaid: Amount: 100711 United Rentals (North America) Inc
2ea 2.5"x50' fire hose02/03/2016Inv. 134873674001
Item Description Total Price
2ea 2.5"x50' fire hose $335.84
02/11/2016 $14.00CheckDatePaid: Amount: 100712 Universal Athletic Service Inc
4 rolls floor tape01/14/2016Inv. 1501004358
Item Description Total Price
14.00
02/11/2016 $6,807.31CheckDatePaid: Amount: 100713 Verizon Wireless
12.26/1.25.16 MDCs01/25/2016Inv. 9759533457
Item Description Total Price
4,335.53
12.26/1.25.16 City cell phones01/25/2016Inv. 9759533458
Item Description Total Price
2,471.78
02/11/2016 $200.00CheckDatePaid: Amount: 100714 Vision Technology Solutions LLC
Feb '16 Web Hosting02/04/2016Inv. 32023
Item Description Total Price
Page 27 of 29 2/16/2016Page29
Web Hosting - Estimated fee for partial year $200.00
02/11/2016 $938.09CheckDatePaid: Amount: 100715 The Watson Company
IC Concession food resupply01/21/2016Inv. 860295
Item Description Total Price
Items for resale in concessions $938.09
02/11/2016 $7,962.10CheckDatePaid: Amount: 100716 Wenck Associates Inc
Proj14006 Jan'16 ElmCreek stream restoration02/03/2016Inv. 11600335
Item Description Total Price
14006 - Elm Creek Stream Restoraion Design $7,962.10
02/11/2016 $45,099.25CheckDatePaid: Amount: 100717 Xcel Energy
1.1/1.18.16 PCC/FH,HS,CC,FS3,PS,Residential Str
lights
02/01/2016Inv. 51626172430116
Item Description Total Price
1.1/1.18.16 PCC/FH $3,539.16
1.1/1.18.16 Historical Society $41.04
1.1/1.18.16 City Center $2,246.11
1.1/1.16.16 FS 3 $391.41
1.1/1.18.16 Public Safety $1,862.10
1.1/1.17.16 Residential Street Lights $23,570.15
12.14/12.31.15 PCC/FH,HS,CC,FS3,PS,Residential
strt light
02/01/2016Inv. 51626172431215
Item Description Total Price
12.15/12.31.15 PCC/FH $2,048.07
12.15/12.31.15 Historical Society $17.96
12.15/12.31.15 City Center $958.56
12.14/12.31.15 FS 3 $215.53
12.15/12.31.15 Public Safety $826.90
12.15/12.31.15 Residential Street Lights $9,382.26
02/11/2016 $764.63CheckDatePaid: Amount: 100718 Ziegler Inc
Fire Stn1 generator repairs01/15/2016Inv. SW050249614
Item Description Total Price
Fire Stn1 generator repairs $764.63
02/11/2016 $371.81CheckDatePaid: Amount: 100719 Internal Revenue Service/IRS
GARN IRS % - Tax Garnishment by % - IRS02/05/2016Inv. 2016-00000027
Item Description Total Price
02/05/2016 Deduction Tax Garnishment by % - IRS $371.81
02/11/2016 $1,539.44CheckDatePaid: Amount: 100720 Law Enforce Labor Serv./Union
DUES POL - Police Union Dues * 02/05/2016Inv. 2016-00000028
Item Description Total Price
02/05/2016 Deduction Police Union Dues $1,200.50
02/05/2016 Deduction Police Union Fair Share $69.44
02/05/2016 Deduction SGT Union Dues $269.50
02/11/2016 $245.00CheckDatePaid: Amount: 100721 Minnesota CLE
2.22.16 Givonna Reed registration02/10/2016Inv. 160222
Item Description Total Price
2016 Public Sector Labor and Employment Law (Givonna Training) $245.00
02/11/2016 $2,393.54CheckDatePaid: Amount: 100722 MN AFSCME Council #5
DUES MTCE - Maintenance Union Dues* 02/05/2016Inv. 2016-00000031
Item Description Total Price
02/05/2016 Deduction Maintenance Union Dues $1,259.50
02/05/2016 Deduction Maintenance Union Fair Share $93.40
02/05/2016 Deduction CTP Union Dues $630.85
02/05/2016 Deduction CTP Union Fair Share $331.54
02/05/2016 Deduction CTP Part-Time Union Fair Share $67.80
02/05/2016 Deduction AFSCME DUES W/ PEOPLE DED $10.45
02/11/2016 $19.75CheckDatePaid: Amount: 100723 BCA MNJIS Sect-Kim L State of Minnesota
PD Access fingerprint request Non LE02/10/2016Inv. 160204
Page 28 of 29 2/16/2016Page30
Item Description Total Price
PD Access Fingerprint Request (non LE) $19.75
02/11/2016 $130.00CheckDatePaid: Amount: 100724 Ohja Sunilkumar
Return evidence / case 14.5040702/10/2016Inv. 160208
Item Description Total Price
Return of Evidence $130.00 $130.00
Total Payments: Total Amount Paid: $1,543,218.16214
Page 29 of 29 2/16/2016Page31
Page 32
Page 33
CITY OF PLYMOUTH
RESOLUTION NO. 2016 -
RESOLUTION APPROVING DISBURSEMENTS ENDING FEBRUARY 13, 2016
WHEREAS, a list of disbursements for the period ending February 13, 2016 was presented to the
City Council for approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that the payment of the list of disbursements of the following funds is approved:
BMO Harris Bank – Check Register
General & Special Revenue $ 275,077.40
Construction & Debt Service $ 616,211.81
Enterprise & Internal Service $ 651,222.46
Housing Redevelopment $ 706.49
Check Register Total $ 1,543,218.16
BMO Harris – Housing Assistance Payments
Housing & Redevelopment Authority $ 227,104.08
227,104.08
GRAND TOTAL FOR ALL FUNDS $ 1,770,322.24
ADOPTED by the City Council on this 23rd day of February, 2016
Page 34
REGULAR
COUNCIL MEETING
February 23, 2016
Agenda
Number: 6.03
To: Dave Callister, City Manager
Prepared by: Sandy Engdahl, City Clerk
Reviewed by: Luke Fischer, Administrative Services Director
Item: Approve Tobacco License for Supervalu, Inc., d/b/a Rainbow Foods,
16705 County Road 24
1. ACTION REQUESTED:
Adopt the attached resolution approving Tobacco License Supervalu, Inc., d/b/a Rainbow Foods, 16705
County Road 24.
2. BACKGROUND:
The City has received an application for Tobacco License from Supervalu, Inc., d/b/a Rainbow Foods,
16705 County Road 24. This is a new owner for this location. The license period would expire
December 31, 2016.
3. BUDGET IMPACT:
The appropriate license fees have been received.
4. ATTACHMENTS:
Resolution
Page 1
CITY OF PLYMOUTH
RESOLUTION NO. 2016 -
RESOLUTION APPROVING TOBACCO LICENSE FOR
SUPERVALU, INC., D/B/A RAINBOW FOODS, 16705 COUNTY ROAD 24
WHEREAS, the City has received an application for a Tobacco License for Supervalu, Inc., d/b/a Rainbow
Foods, 16705 County Road 24; and
WHEREAS, the applicant has paid all fees and provided all required insurance documentation.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OFTHE CITY OF PLYMOUTH, MINNESOTA
that the Tobacco License for Supervalu, Inc., d/b/a Rainbow Foods, 16705 County Road 24, is hereby approved for a
license period expiring December 31, 2016.
APPROVED by the City Council on this 23rd day of February, 2016.
Page 2
REGULAR
COUNCIL MEETING
February 23, 2016
Agenda
Number: 6.04
To: Dave Callister, City Manager
Prepared by: Thomas Vetsch, Fleet and Facilities Manager
Reviewed by: Doran Cote, Director of Public Works
Item: Approve Purchase of a Replacement Jetter/Sewer
Vacuum and Hydro Excavation Unit
1. ACTION REQUESTED:
Adopt the attached resolution approving the purchase of a replacement jetter/sewer vacuum
and hydro excavation unit.
2. BACKGROUND:
The approved 2016 Central Equipment Budget and the 2016-2020 Capital Improvement
Program (CIP) include funding to replace the City’s existing jetter/sewer vacuum and hydro
excavation unit as routine replacement after reaching the end of its useful life. The fleet
standard is to replace this type of equipment every 12-13 years. Below is a photograph of the
type of equipment proposed to be replaced.
The current jetter/sewer vacuum and hydro excavation unit was put in service May 28, 2004.
The old unit will have been in service 12.5 years when the replacement unit is put into service.
This unit is an important piece of equipment for the utilities divisions performing maintenance
and repair functions. Some of the major uses for this equipment are:
Hydro excavation to locate underground utilities
Lift station cleaning with jetting and vacuuming
Sewer line cleaning with the vacuum unit
Page 1
The replacement unit will be purchased under two separate contracts in order to achieve the
lowest cost possible. The City will purchase the truck chassis off the state contract realizing
those savings. The truck chassis will then be delivered to the jetter/sewer vacuum and hydro
excavation supplier to have those components installed under another state contract.
Rihm Motor Co. of St Paul has a state contract on a truck chassis meeting the City’s
specifications to carry the jetter/vacuum unit under contract number 77940 for $111,858. Rihm
Motor Co. has offered a trade value of $50,000 for the City’s existing jet/vacuum unit which will
be accepted. The total cost due to Rihm Motor Co. after the trade $61,858. Flexible Pipe Tool
Co. of St. Joseph has a state contract for the jetter/sewer vacuum equipment meeting the city’s
specifications under contract 89007 for $248,275.
3. BUDGET IMPACT:
The 2016 budget and 2016-2020 CIP include $367,000 for this expenditure and there will be no
negative impact to the budget for this purchase. The city is able to purchase the chassis and
jetter/vacuum off state contracts (77940 and 89007).
Rihm Motor Co. (77940) after trade $61,858.00
State Sales tax on chassis $4,020.77
Total for chassis with tax $65,878.77
Flexible Pipe Tool (89007) for jetter/vacuum $ 248,275.00
Total for complete unit $314,153.77
4. ATTACHMENTS:
Resolution
Page 2
CITY OF PLYMOUTH
RESOLUTION NO. 2016-
RESOLUTION APPROVING THE PURCHASE OF A REPLACEMENT
JETTER/SEWER VACUUM AND HYDRO EXCAVATION UNIT
WHEREAS, the 2016-2020 Capital Improvement Program (CIP) and Central Equipment budget
include the purchase of a replacement Jetter/Sewer Vacuum and hydro excavation unit; and
WHEREAS, the City may make purchases off state contracts; and
WHEREAS, Rihm Motor Co. has been awarded a contract with the state for the truck chassis
meeting the city’s specifications, Contract #77940; and
WHEREAS, Flexible Pipe Tool Equipment. Has been awarded a contract with the State
for jetter/sewer vacuum and hydro excavation equipment, Contract #89007; and
WHEREAS, the amount due to Rihm Motor Co less trade is $61,858.00 plus sales tax at
the time of registration of $4,020.77 and the amount due to Flexible Pipe Tool Co. is
248,275.00 (no sales tax) for a total expenditure of $314,153.77.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, to purchase a current model truck chassis from Rihm Motor Co., and the jetter/sewer
vacuum and hydro excavation equipment from Flexible Pipe Tool Co.
FURTHER BE IT RESOLVED, the funding will be from Central Equipment 600-70-760-76001-
8100.500 in the amount of $314,153.77.
APPROVED by the City Council on this 23rd day of February, 2016.
Page 3
REGULAR
COUNCIL MEETING
February 23, 2016
Agenda
Number: 6.05
To: Dave Callister, City Manager
Prepared by: Sandy Engdahl, City Clerk
Reviewed by: Luke Fischer, Administrative Services Director
Item:
Approve Master Subscriber Agreement with the
Minnesota Judicial Board for Access to Minnesota
Court Information System
1. ACTION REQUESTED:
Adopt the attached resolution approving Master Subscriber Agreement with the Minnesota Judicial
Board for access to Minnesota Court Information System.
2. BACKGROUND:
The Campbell Knutson Law firm provides prosecution services to the City. Currently, the attorneys
access the Minnesota Court Information System data through a software-based system. This
software is provided to participating prosecuting agencies by the State. The State is converting to a
web-based system for access (Minnesota Government Access). In order to continue access to this
court data, the State requires that each government entity approve a Master Subscriber Agreement
acknowledging the City’s (prosecutor’s) permissible uses of the court information and documents
available on the system.
3. BUDGET IMPACT:
There are currently no costs associated with this access, as is the case under the current
system. The Master Subscriber Agreement contains provisions regarding monthly fees.
However, those provisions are contained in the document only in the event that fees are
required in the future. At this point in time, the State has no expectation that this access will
require fees.
4. ATTACHMENTS:
Master Subscriber Agreement
Resolution
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Page 8
Page 9
Page 10
Page 11
Page 12
Page 13
Page 14
Page 15
CITY OF PLYMOUTH
RESOLUTION NO. 2016-
RESOLUTION APPROVING MINNESOTA GOVERNMENT ACCESS
MASTER SUBSCRIBER AGREEMENT
FOR ACCESS TO DISTRICT COURT RECORDS
WHEREAS, the City is located in the State of Minnesota; and
WHEREAS, the State of Minnesota is implementing a new Court data access system (MGA); and
WHEREAS, access to Court data is important for the City in its legal obligations to provide
prosecution services for the City through its City Attorney; and
WHEREAS, the State of Minnesota requires that the City Council approving entering into the
Minnesota Government Access Master Subscriber Agreement.
NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that the Minnesota Government Access Master Subscriber Agreement is hereby approved
and the City Manager is authorized to sign said agreement.
APPROVED by the City Council on this 23rd day of February, 2016.
Page 16
REGULAR
COUNCIL MEETING
February 23, 2016
Agenda
Number: 6.06
To: Dave Callister, City Manager
Prepared by: Mike Payne, Assistant City Engineer
Reviewed by: Doran Cote, Director of Public Works
Item: Approve Plans and Specifications and Order Advertisement
for Bids for 2016 Sanitary Sewer Lining Project (16009)
1. ACTION REQUESTED:
Adopt the attached resolution approving the final plans and specifications and ordering
advertisement of bids for the above referenced project.
2. BACKGROUND:
The 2016 Sanitary Sewer Lining Project involves cleaning and lining approximately 32,700 linear
feet of existing clay sewer pipe with a cured in-place pipe liner. The area chosen for the 2016
sewer lining project includes sections of sanitary sewer pipe as shown on the attached location
map and is generally located in the southwest corner of the City near County Roads 6 and 101.
The sections of sewer pipe northwest of County Road 6 and County Road 101 is a bid alternate
and could be included with the project if the City receives favorable bids.
The Utilities Division identified these sewer pipes as being in need of cleaning and lining due to
root obstruction. Cleaning and lining the pipes will restore structural integrity and flow
characteristics to the pipe in a cost effective and less disruptive manner than excavating and
replacing the existing pipes. Pipe lining is also an effective tool in reducing inflow and
infiltration (I & I), as groundwater can easily get into old pipes, especially once root intrusion has
occurred.
The bid opening will be on March 24, 2016, with construction expected to start in May or June.
The final completion date for this project will be September 30, 2016. Once a contractor has
been hired and a schedule is determined, notification will be sent to the adjacent property
owners explaining the project and the approximate timeline. Residents will again be notified 48
hours prior to the actual work starting by the contractor.
3. BUDGET IMPACT:
The proposed project is included in the 2016 – 2020 Capital Improvement Program (CIP) for a
total project cost of $780,000. The total estimated project cost, including Bid Alternate A, is
849,202.73 which includes 5% for contingencies, design, administration, and inspection, and
will be financed from the Sewer Fund. If the bids exceed the budgeted amount, Bid Alternate A,
which is estimated at $78,000, could be excluded.
Page 1
4. ATTACHMENTS:
Project Location Map
Resolution
Page 2
Page 3
CITY OF PLYMOUTH
RESOLUTION NO. 2016 -
RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT
FOR BIDS FOR THE 2016 SANITARY SEWER LINING PROJECT (16009)
WHEREAS, plans and specifications have been prepared by the City’s Engineering staff for the
2016 Sanitary Sewer Lining Project in the City and said plans and specifications have been presented to
the Council for approval.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA:
1. Such plans and specifications, copies of which are on file in the City Engineer’s office and
made a part hereof, are hereby approved.
2. The City Clerk shall prepare and cause to be inserted in the official paper and in
Minneapolis Builders Exchange an advertisement for bids upon the making of such
improvement under such approved plans and specifications. The advertisement shall be
published twice, shall specify the work to be done, shall state that bids will be received
by the City Clerk until 10:00 a.m. on March 24, 2016, at which time they will be publicly
opened in the City Council Chambers of the Plymouth City Center building at 3400
Plymouth Boulevard, Plymouth, Minnesota, by the Engineer and City Clerk, will then be
tabulated, and will be considered by the council at 7:00 p.m. on April 12, 2016, in the
City Council Chambers. Any bidder whose responsibility is questioned during
consideration of the bid will be given an opportunity to address the City Council on the
issue of responsibility. No bids will be considered unless sealed and filed with the City
Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check
payable to the City Clerk for five percent of the amount of such bid.
APPROVED by the City Council on this 23rd day of February, 2016.
Page 4
REGULAR
COUNCIL MEETING
February 23, 2016
Agenda
Number: 6.07
To: Dave Callister, City Manager
Prepared by: Ben Scharenbroich, Senior Engineering Technician
Reviewed by: Doran Cote, Director of Public Works
Item: Award Contract for 2016 Street Sweeping Program (16013)
1. ACTION REQUESTED:
Adopt the attached resolution approving award of the contract for the 2016 Street Sweeping
Program (16013) to Precision Sealcoating, Inc. in the amount of $119,003.40.
2. BACKGROUND:
The 2016 Street Sweeping Program will consist of three full City sweeps with regenerative air
street sweepers. The first sweep would begin in April, 2016. Two more sweeps will occur
during the summer, typically in June and again in August. Each sweep typically takes three
weeks to complete. Regenerative air street sweeping efficiently removes sediments and
phosphorus from local streets before the rain washes the materials into the City’s storm sewer
system. Street sweeping samples have been tested since 2007 and the results indicate
approximately 1,100 pounds of phosphorus are collected off over 310 miles of City streets each
year.
The following bids were received:
Contractor Total Base Bid
Precision Sealcoating, Inc. $119,003.40
Reliakor Services, Inc. $119,380.00
Estimated Cost $135,000.00
The apparent low bidder, Precision Sealcoating, Inc. submitted a responsible bidder evaluation.
Precision Sealcoating, Inc. did not indicate a 2012 City of Plymouth seal coating project nor did
they indicate that contract was terminated. Precision Sealcoating, Inc., has provided good
results in their street sweeping contracts with the City. They were awarded the contract for
street sweeping in 2014 and 2015.
The bids were reviewed for accuracy, and the lowest responsible bid from Precision Sealcoating,
Inc. was $15,996.60 or 11.8% lower than the estimated cost. Staff estimates the discrepancy is
due to low fuel prices. Staff believes that Precision Sealcoating, Inc. will be able to provide a
quality and cost effective service to the City.
Page 1
3. BUDGET IMPACT:
The project cost of $119,003.40 will be funded from the Water Resources Fund. The 2016
approved Water Resources Budget includes $135,000 for street sweeping.
4. ATTACHMENT:
Resolution
Page 2
CITY OF PLYMOUTH
RESOLUTION NO. 2016-
RESOLUTION AWARDING BID FOR
2016 STREET SWEEPING PROGRAM (16013)
WHEREAS, the 2016 Street Sweeping Program (16013) will consist of three full City sweeps with
regenerative air street sweepers; and
WHEREAS, regenerative air street sweeping efficiently removes sediments and phosphorus from
local streets before rain washes the materials into the City’s storm sewer system; and
WHEREAS, two bids were received for the 2016 Street Sweeping Program (16013); bids were
received, opened and tabulated according to law; and
WHEREAS, Precision Sealcoating, Inc. is the lowest responsible bidder complying with the
minimum specifications.
NOW, THEREFORE BE IT HEREBY RESOLVED BY THECITY COUNCILOF THE CITY OF PLYMOUTH,
MINNESOTA, that:
1. The Mayor and City Manager are hereby authorized and directed to enter into the contract
with Precision Sealcoating, Inc. for 2016 Street Sweeping Program, according to the plans
and specifications on file in the office of the City Engineer in the amount of $119,003.40.
2. The City Clerk is hereby authorized and directed to return the deposits made with the bids
except that the deposits of the successful bidder shall be retained until a contract has been
signed.
3. The funding source for this project is the Water Resources Fund.
APPROVED by the City Council on this 23rd day of February, 2016.
Page 3
REGULAR
COUNCIL MEETING
February 23, 2016
Agenda
Number: 6.08
To: Dave Callister, City Manager
Prepared by: Sandy Engdahl, City Clerk
Reviewed by: Luke Fischer, Administrative Services Director
Item: Approve Temporary On-Sale Liquor Application for the Plymouth
Arts Council
1. ACTION REQUESTED:
Adopt the attached resolution approving the temporary on-sale liquor application for the Plymouth Arts
Council’s “Friends of the Art Night” on April 14 at the Plymouth Creek Center from 7:30 p.m.-9:00 p.m.
2. BACKGROUND:
As in previous years, the Plymouth Arts Council desires to serve liquor at the “Friends of the Art Night” as
part of the Primavera event.
3. BUDGET IMPACT:
No fee is received for this license.
4. ATTACHMENTS:
Resolution
Page 1
CITY OF PLYMOUTH
RESOLUTION NO. 2016 -
RESOLUTION APPROVING TEMPORARY LIQUOR LICENSE APPLICATION
FOR THE PLYMOUTH ARTS COUNCIL
WHEREAS, the Plymouth Arts Council has applied for a Temporary Liquor License for “Friends of the Art
Night” on April 14, 2016 at the Plymouth Creek Center from 7:30 p.m.-9:00 p.m.
NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that the Temporary Liquor License for the Plymouth Arts Council for the event on April 14, 2016 at
the Plymouth Creek Center is hereby approved.
APPROVED by the City Council on this 23rd day of February, 2016.
Page 2
REGULAR
COUNCIL MEETING
February 23, 2016
Agenda
Number: 6.09
To: Dave Callister, City Manager
Prepared by: Barb Northway, Deputy Director of Parks and Recreation
Reviewed by: Diane Evans, Director of Parks and Recreation
Item: Approve Name of Neighborhood Park (Aspen Ridge) by Aspen
Hollow Development
1. ACTION REQUESTED:
Approve the attached resolution approving the name for the new neighborhood park in the vicinity
of Garland Lane and 57th Avenue North as Aspen Ridge.
2. BACKGROUND:
The City has acquired land in the Northwest corner of Plymouth for a new park. The parcel is a
previous residential site of 2.39 acres. The land is located east of the Peony Lane border and just to
the south of the Plymouth Dog Park.
In addition to serving as a neighborhood facility, the park property will also provide access to the
Northwest Greenway and Plymouth Dog Park to the north.
Park at Garland Lane
57th Ave No
Page 1
The site characteristics include a scenic overlook of the Northwest Greenway’s Elm Creek wetland.
The property is connected to the Northwest Greenway and in close proximity to the Plymouth Dog
Park within the Aspen Hollow Development.
At the February 11, 2016 Park and Recreation Advisory Commission meeting, the Commissioners
discussed the following name options - Aspen on the Greenway, Aspen Hollow, Ridgeview on the
Greenway, Aspen Ridge and Vista Greenway. The Commission recommends the name “Aspen Ridge”
for this new neighborhood park.
3. BUDGET IMPACT:
NA
4. ATTACHMENTS:
Resolution
Page 2
CITY OF PLYMOUTH
RESOLUTION NO. 2016 -
RESOLUTION APPROVING NAME FOR NEIGHBORHOOD PARK AS ASPEN RIDGE
WHEREAS, the City has acquired land in the vicinity of Garland Lane and 57th Avenue North; and
WHEREAS, In addition to serving as a neighborhood facility, the park property will also provide
accessto the Northwest Greenway and Plymouth Dog Park to the north; and
WHEREAS, the site characteristics include a scenic overlook of the Northwest Greenway’s Elm
Creek wetland; and
WHEREAS, the Parks and Recreation Advisory Commission reviewed name options for this park
and recommended the name Aspen Ridge.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that the park in the vicinity of Garland Lane and 57th Avenue North is hereby named Aspen
Ridge.
APPROVED by the City Council on this 23rd day of February, 2016.
Page 3
1. ACTION REQUESTED:
Accept the Parks and Recreation Advisory Commission’s 2016 Work Plan.
2. BACKGROUND:
All boards and commissions prepare an annual work plan. The majority of the Parks and Recreation
Advisory Commission’s work is associated with the review of matters relating to parks and
recreation facilities, programs and services.
PRAC reviewed and approved its 2016 Work Plan at its February 11, 2016 meeting.
3. BUDGET IMPACT:
NA
4. ATTACHMENTS:
2016 PRAC Work Plan
REGULAR
COUNCIL MEETING
February 23, 2016
Agenda
Number: 6.10
To: Dave Callister, City Manager
Prepared by: Diane Evans, Director of Parks and Recreation
Reviewed by:
Item: Accept Parks and Recreation Advisory Commission’s
2016 Work Plan
Page 1
PLYMOUTH PARKS & RECREATION ADVISORY COMMISSION 2016
WORK PLAN
Commission Purpose
The Purpose of the Parks and Recreation Advisory Commission (PRAC) is to act in an advisory capacity to the Council on all matters
relating to park and recreation programs and issues in the City. PRAC will review, hold public meetings and open houses and make
recommendations to the City Council.
2016 Work Plan
GOALS/PLANNING
ON-GOING Review current and future community park and recreation needs, programs and facilities
Recommend actions which will promote the implementation of the City’s park and recreation plans
FIRST QUARTER Prepare 2016 work plan
Review Department strategic goals
Review annual report
Appoint Commission Chair & Vice Chair
Northwest Greenway Phase 2 master plan and neighborhood meeting
Trail gap neighborhood meeting and approval of grant
Aspen Hollow development neighborhood park master plan and neighborhood meeting
SECOND QUARTER Review trail gap plan
Review Capital Improvement Program (2017-2021)
Review PCC and Fieldhouse operations and fees/dome replacement
Park Projects – PIC/Life Time parking lot replacement; PCC parking lot; Parkers Lake tennis court repair; playground
replacement/renovation at Three Ponds and Gateway Parks; Northwest Greenway trail (Phase 2- Vicksburg Ln to
Plymouth Dog Park); Northwest Greenway pedestrianbridge; pumppark; Miracle Field/Universal Design playground
at Zachary Park; Old Rockford Road trail; software
THIRD QUARTER Review Park maintenance operations
Update open space management plan
FOURTH QUARTER Review Plymouth Ice Center operations and fees
Plymouth Ice Center capital projects – refrigerant conversion/rink conversion
Review Recreation operations
Review park and facility fees
Review CAPRA (Commission for Accreditation of Park and Recreation Agencies) reports
Enclave or Brockton neighborhood park master plan and neighborhood meeting
Page 2
REGULAR
COUNCIL MEETING
February 23, 2016
Agenda
Number: 6.11
To: Dave Callister, City Manager
Prepared by: Barbara Thomson, Planning Manager
Reviewed by: Steve Juetten, Community Development Director
Item: Accept Planning Commission’s 2016 Work Plan
1. ACTION REQUESTED:
Accept the Planning Commission’s 2016 Work Plan.
2. BACKGROUND:
All boards and commissions prepare annual work plans. A majority of the Planning Commission’s work is
typically associated with review of planning and zoning applications.
3. BUDGET IMPACT:
N/A
4. ATTACHMENTS:
2016 Work Plan
Page 1
City of Plymouth Planning Commission
2016 Work Program
Long-Range Planning: Plan Implementation:
Ongoing Review applications, hold public hearings and make
recommendations to the City Council on amendments to the
comprehensive plan, including requests that may be initiated
by landowners, developers, Planning Commission or City
Council.
Review, hold public hearings and make
recommendations to the City Council on all zoning and
subdivision applications for development and
redevelopment projects.
First Quarter Review, hold public hearings and make
recommendations to the City Council on annual “clean-
up” amendments to the zoning ordinance and
subdivision regulations.
Second Quarter 2040 Comprehensive Plan: Review draft vision, goals and
policies
Third Quarter
Fourth Quarter Hold public hearing and make recommendations on 2017-
2021 CIP.
Page 2
REGULAR
COUNCIL MEETING
February 23, 2016
Agenda
Number: 6.12
To: Dave Callister, City Manager
Prepared by: Barb Northway, Deputy Director of Parks and Recreation
Reviewed by: Diane Evans, Director of Parks and Recreation
Item: Award Contract for Parkers Lake Tennis Court Rehabilitation
Project (40059)
1. ACTION REQUESTED:
Adopt the attached resolution awarding the contract for the Parkers Lake Tennis Court
Rehabilitation Project (40059) to Bituminous Roadways with a bid of $181,540, and alternate No. 1
in the amount of $6,275 for the poly rebound board, for a total bid of $187,815.
2. BACKGROUND:
The Parkers Lake tennis and basketball courts, located in Parkers Lake Playfield, were originally built
in 1991 and are now 25 years old and in need of replacement.
In the past few years staff has fielded numerous phone calls requesting court repairs and upgrades
for this site.
Parkers Lake
Tennis Courts
Page 1
As depicted in the photos below, the courts are in poor condition with large cracks, gaps, multiple
birdbaths (standing water) and a deteriorating surface.
The rehabilitation project provides for elimination of the concrete curb; replacement of the asphalt
with new asphalt hardscape; fence repairs; application of new surface material with tennis,
pickleball and basketball line markings; and installation of new posts, nets, windscreens, rebound
board and basketball standards. In addition, the rehabilitation project will resolve ADA compliance
issues.
The City hired Fred Kolkman Tennis and Sport Surfaces, LLC, consultants to provide construction
specifications and bid documents. On January 8, 2016 bids the City received three bids:
COMPANY NAME Tennis/Basketball
Rehabilitation
Alternate #1
Poly Rebound Board
Bituminous Roadways $181,540 $6,275
DMJ Asphalt $214,443 $17,647
Midwest Asphalt Corp $262,393 $7,175
Staff and the City’s consultant are recommending the Council award the tennis court rehabilitation
project to Bituminous Roadways with a bid of $181,540, and alternate No. 1 in the amount of $6,275
for the poly rebound board, for a total bid of $187,815. Bituminous Roadways is based out of
Mendota Heights, Minnesota, and has been in business since 1958. Their qualifications and work
performance are compliant with the City’s Responsible Bidder Evaluation Policy.
The project is scheduled to begin in June and be fully completed by August 12, 2016.
3. BUDGET IMPACT:
The Parkers Lake Park Tennis Court Rehabilitation Project is scheduled in the Capital
Improvement Program for 2016 in the amount of $240,000 utilizing Park Replacement Funds.
The overall estimated project cost of $233,036 is based on the award of bid package and
alternate, consultant fees, a geotechnical evaluation and contingency.
4. ATTACHMENTS:
Resolution
Page 2
CITY OF PLYMOUTH
RESOLUTION NO. 2016 -
RESOLUTION AWARDING CONTRACT FOR PARKERS LAKE TENNIS COURT
REHABILITATION PROJECT (40059)
WHEREAS, pursuant to an advertisement for bids for the rehabilitation of the Parkers Lake
Playfield tennis courts (40059), bids were received on January 8, 2016,
WHEREAS, the apparent responsible low bidder for rehabilitation and alternate No. 1 for the
poly rebound board is Bituminous Roadways in the amount of $187,815; and
WHEREAS, based on bid amounts and City consultant recommendations (Fred Kolkman Tennis &
Sport Surfaces, LLC), staff recommends accepting the rehabilitation and alternate #1 bid from
Bituminous Roadways; and
WHEREAS, Bituminous Roadways’ qualifications and work performance are compliant with the
City’s Responsible Bidder Evaluation Policy; and
WHEREAS, the Parkers Lake Park Tennis Court Rehabilitation Project is scheduled in the
Capital Improvement Program for 2016 in the amount of $240,000 utilizing Park Replacement
Funds; and
WHEREAS, the overall estimated project cost of $233,036 is based on the award of bid
package and alternate, consultant fees, a geotechnical evaluation and contingency.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that staff is hereby authorized and directed to enter into a contract with Bituminous
Roadways in the amount of $187,815 for the Parkers Lake Tennis Court Rehabilitation Project.
BE IT FURTHER RESOLVED that the funding source will be the Park Replacement Fund.
APPROVED by the City Council on this 23rd day of February, 2016.
Page 3
REGULAR
COUNCIL MEETING
February 23, 2016
Agenda
Number: 6.13
To: Dave Callister, City Manager
Prepared by: Susan Muelken, Activity Center Manager
Reviewed by: Diane Evans, Parks and Recreation Director
Item:
Adopt Ordinance Amending City Code Section 1016 of
the City Code Concerning Fees at the Plymouth Creek
Center Fieldhouse
1. ACTION REQUESTED:
Adopt the attached ordinance amending City Code Section 1016 of the City Code concerning fees at
the Plymouth Creek Center Fieldhouse and a Resolution approving summary publication of said
ordinance.
2. BACKGROUND:
The Plymouth Creek Center Fieldhouse has been in operation for over 16 years. The Fieldhouse
is connected to the Plymouth Creek Center, but operates as a stand-alone facility (enterprise
fund). The Fieldhouse dome is up and operational for rental use from late-October through
mid-April. All operational costs are covered by rental fees. The majority of the Fieldhouse
rental groups are local athletic associations – of which Fusion Soccer is the largest hourly user.
The chart below provides a historical overview of the hourly rental fees for the Fieldhouse.
FEE HISTORY (FULL FIELD)
YEAR PRIME TIME HOURLY
RES/NON-RES)
NON-PRIME TIME HOURLY
RES/NON-RES)
2015-CURRENT $295/$310 $266/$286
2013-2014 $284/$304 $246/$266
2008-2012 $264/$284* $226/$246*
2005-2007 $244 $210
2002-2004 $235 $200
1999-2001 $210 $180
In the fallof 2009, a non-resident rental feewas added tothe fee structure.
Staff annually reviews Fieldhouse rental fees by comparing the rates with peer facilities. These
rates can be seen in the attached Fieldhouse Comparison. Staff strives to be fair and
competitive with similar markets. Of most importance is keeping the Fieldhouse rental rate
slightly lower than Plymouth’s west metro competitors. The Maple Grove fieldhouse’s hourly
rate is $320/hour, and the new Providence Academy fieldhouse estimates their rate to be
between $300-$310/hour.
Page 1
Based on the most recent annual review of the fees, staff is recommending changes as outlined on
the chart below. The proposed 2016 increases will keep the Fieldhouse rental rates competitive:
Proposed Fieldhouse Hourly Rates
FULL FIELD Resident Non-Resident
Prime Time $295 $310 $310 $325
Non-Prime Time $266 $280 $286 $300
HALF FIELD Resident Non-Resident
Prime Time $160 $170 $170 $180
Non-Prime Time $140 $150 $150 $160
The Parks and Recreation Advisory Commission reviewed the proposed fee changes at their
February 11 meeting and recommended Council approval. If adopted, the proposed ordinance
would be effective October 1, 2016.
3. BUDGET IMPACT:
The proposed rental rate increases would result in $15,000-$20,000 in additional revenue per
year.
4. ATTACHMENTS:
2016 Fieldhouse Rate Comparison
Ordinance
Resolution Approving Summary Publication
Page 2
Per hour Per Hour
Rental Rate Rental Rate
Full Field Half Field
Maple Grove Dome / Jan. 1 thru April All year
Maple Grove $320 $170
Nov. thru Dec. 31
310
Tonka Dome / Jan. 1 thru end of season Jan. 1 thru end of season
Minnetonka $385 - Group A*$210 - Group A*
410 - Group B*$225 - Group B*
420 - Group C*$230- Group C*
435 - Group D*$235 - Group D*
November thru Dec. 31 November thru Dec. 31
340 - Group A*$190 - Group A*
350 - Group B*$195 - Group B*
360 - Group C*$200 - Group C*
370 - Group D*$210 - Group D*
Holy Angels Stardome /$350 $175.00
Richfield
Augsburg College /Nov. 21 thru March 20
Minneapolis $365
Bielenberg Fieldhouse /$360 Prime Time $200 Prime Time
Woodbury $275 Non Prime (after 10pm)$150 Non Prime (after 10pm)
150 + tax (summer)$150 + tax (summer)
St. Croix Valley /$250 $150
Stillwater
Plymouth Creek Center Plymouth Group Plymouth Group
Fieldhouse /$295 Prime Time $160 Prime Time
Plymouth M-F 6-10:30pm
Sat-Sun 7:30am - 10:30pm
266 Non-Prime $140 Non-Prime
Non-Plymouth Group Non-Plymouth Group
310 Prime Time $170 Prime Time
M-F 6-10:30pm
Sat-Sun 7:30am - 10:30pm
286 Non-Prime $150 Non-Prime
Savage Sports Dome /$450 $150
Savage $100 summer $100 summer
Group A - Mtka Non-profit Youth Assn./Clubs/Community Ed/Services
Group B - Organized Mtka School Dist. Groups/Private
Group C - Non-Mtka Non-profit groups/schools/sports organizations
Group D - Non-Mtka Non-profit idividual/priviate groups/companies
Facility / Location
2016 Fieldhouse Rate Comparison
Page 3
CITY OF PLYMOUTH
ORDINANCE NO. 2016-
AN ORDINANCE AMENDING CITY CODE SECTION 1016 FOR PLYMOUTH
CREEK CENTER FIELDHOUSE RENTAL FEES
THE CITY OF PLYMOUTH, MINNESOTA ORDAINS:
SECTION 1. Section 1016.01, Subd. 11, of the Plymouth City Code is hereby amended
as follows:
Subd. 11. Plymouth Creek Center Fieldhouse.
A. Prime Time
Plymouth Residents
295/$310 hour full field*
160/$170/hour half field**
Monday-Friday: 6:00 p.m.-10:30 p.m.
Saturdays, Sundays and Holidays: 7:30 a.m.-10:30 p.m.
Non-Residents
310/$325/hour full field*
170/$180/hour half field**
Ord. 2007-20, 7/24/2007; Ord. 2009-10, 6/23/2009; Ord. 2012-19, 6/26/2012; Ord. 2014-21,
6/24/2014)
B. Non-Prime Time
Plymouth Residents
266/$280/hour full field*
140/$150/hour half field**
Non-Residents
286/$300/hour full field*
150/$160/hour half field**
Full field is 60 yards x 100 yards
Half field is 45 yards x 60 yards
Ord. 2007-20, 7/24/2007; Ord. 2009-10, 6/23/2009; Ord. 2012-19, 6/26/2012; Ord. 2014-21,
6/24/2014)
SECTION 2. This ordinance shall be effective October 1, 2016.
Page 4
ADOPTED by the City Council this 23rd day of February, 2016.
Kelli Slavik, Mayor
ATTEST:
Sandra R. Engdahl, City Clerk
Page 5
CITY OF PLYMOUTH
RESOLUTION NO. 2016-
RESOLUTION APPROVING SUMMARY PUBLICATION OF
ORDINANCE NO. 2016-
ORDINANCE AMENDING SECTION 1016
OF THE CITY CODE CONCERNING FEES AT PLYMOUTH CREEK CENTER FIELDHOUSE
Ordinance No. 2016- amends Section 1016 of the Plymouth City Code concerning fees at
Plymouth Creek Center Fieldhouse.
A printed copy of the entire ordinance is available for inspection at the City Clerk’s Office during
regular office hours.
APPROVED for summary publication by the City Council this 23rd day of February, 2016.
Page 6
REGULAR
COUNCIL MEETING
February 23, 2016
Agenda
Number: 6.14
To: Dave Callister, City Manager
Prepared by: Susan Muelken, Activity Center Manager
Reviewed by: Diane Evans, Director of Parks & Recreation
Item:
Adopt Ordinance Amending Section 1016 of the City
Code Concerning Fees at Millennium Garden and
Amendments to Millennium Garden and Plymouth
Creek Center Policies
1. ACTION REQUESTED:
Adopt attached Ordinance Amending Section 1016 of the City Code, Resolution approving summary
publication of said ordinance, and Resolution Amending Millennium Garden and Plymouth Creek
Center Policies.
2. BACKGROUND:
Staff annually reviews fees and policies for use of the Millennium Garden and Plymouth Creek Center.
This review includes researching fees and policies from peer communities and facilities. Based on this
review, staff is recommending a variety of modifications and changes.
Millennium GardenPolicy
In an effort to improve customer satisfaction, staff is proposing to eliminate the structured rental time
block. Customers have expressed frustration with the “restrictive” time slots and feel that they can’t
complete their event experience within the defined times (11 a.m.-2 p.m. or 3 p.m.-6 p.m.). In lieu of
the structured time slots, staff is proposing a flexible four-hour time slot. Staff feels that the flexible
time slot will ease the frustration of potential customers and encourage additional bookings.
Attached is the proposed revised policy.
Millennium GardenFees
Staff is recommending increase in fees for 2017 rentals. Staff annually reviews garden fees by
comparing the City’s rates to other outdoor wedding venues. Staff believes this comparison, along
with the more flexible scheduling, justifies a nominal fee increase. The chart below provides an
overview of the current and proposed rental fee structure. The last rental fee change was approved
by Council in 2013. The proposed fees are reflected in the attached ordinance.
Sales tax
applies to all fees
Plymouth
Resident & Non-profit Corporate Non-Resident
Friday $300 $310 $355 $365 $420 $430
Saturday $355 $365 $410 $420 $475 $485
Sunday $290 $300 $345 $355 $410 $420
Page 1
Plymouth Creek Center Policy
Per the current policy, non-residents may reserve the Plymouth Room or Black Box Theater (Thursday-
Sunday) up to 12 months in advance. Staff recommends changing that reservation to 15 months in
advance. The adjustment still provides residents a three month advantage (current resident booking
availability is up to 18 months in advance), but allows non-residents the opportunity to coordinate
their plans in a timely manner. Staff anticipates this change to increase the number of bookings.
Secondly, staff is recommending a change to the due date for final payment from 14 to 30 days prior
to the event. This change gives staff adequate notice if a group plans to cancel and provides the City
time to ensure payment in the case of a non-sufficient funds check.
Plymouth Creek Center Fees
The final change is regarding the former space leased by PSA/Fusion. This space has been remodeled
into a warm and inviting casual space named “The Alcove.” It’s intended to be a versatile space for a
wedding changing area, casual business meetings, or for small gatherings like baby or wedding
showers. Similar to other Plymouth Creek Center rental spaces, the Alcove must be added Section
1016 of the City Code. Staff recommends the proposed fee structure below:
The Alcove
Per Hour 10 a.m.-10 p.m. Block
Resident $50 $400
Corporate $60 $450
Non-Resident $75 $500
The Parks and Recreation Advisory Commission reviewed the proposed changes at their
February 11, 2016 meeting and recommends Council approval. If adopted, the proposed ordinance
would be effective April 1, 2016.
3. BUDGET IMPACT:
Upon approval of the recommended fee changes, staff estimates an increase in Plymouth Creek
Center/Millennium Garden revenue of $7,000-10,000. The estimated revenue increase is reflected in
the 2016 adopted budget.
4. ATTACHMENTS:
Millennium Garden Policy
Plymouth Creek Center Policy
2016 Outdoor Ceremony Comparisons
Ordinance
Resolution
Page 2
MILLENNIUM GARDEN RENTAL POLICY
The Millennium Garden located next to the Plymouth Creek Center (PCC), was developed to mark
the beginning of the new millennium. The garden has many facets – flower gardens, a brick
walkway, fountains and open green space all available for public enjoyment. The garden is
available from May 1-September 30, weather permitting.
Daily Rental Information
This facility is a popular site for weddings, family celebrations and corporate picnics. Garden
rental includes the use of a sound system with a wired microphones. Electrical outlets are
available throughout the garden. Rental price does not include chairs, tables or tents. All
amenities used for your event must be delivered, set-up, and taken down within the three hour
rental time. We have room for up to 300 chairs arranged audience style.
Rental Times
Friday 3:00 p.m.-6:00 p.m.
Saturday and Sunday 11:00 a.m.-2:00 p.m.; *3:00 p.m.-6:00 p.m. *
Saturday and Sunday 3:00 p.m.-6:00 p.m. times are reserved for those booking both the full
Plymouth Room and Garden.
A four hour time block within the hours of 8:00 a.m.-9:00 p.m.
Fees are established by Chapter X of the Plymouth City Code.
Resident Requirements
Resident fees and priority apply to anyone who lives in Plymouth at the time the event is held.
Residents may host events for their children, grandchildren, parents or grandparents. Events held
for siblings, cousins, nieces, nephews, uncles, aunts or other more distant relatives who live
outside of Plymouth will incur non-resident fees and have non-resident rates and priority. Civic
groups must have at least 50% of their members living in town to be considered a Plymouth group.
Businesses and churches located in Plymouth qualify as residents.
Priority
Residents and Plymouth groups may reserve the garden up to 18 months in advance, non-residents
up to 1215 months in advance.
Page 3
Reservations
Tentative garden reservations can be held for up to two one weeks. After that time, the application
and non-refundable deposit fee are due. Rental of the garden does not guarantee exclusive use of
the main seating area and pergola (alter) for your event. There may be other people walking on
nearby trail.
Wedding Rehearsals
For wedding ceremonies, you are entitled to a free one-hour rehearsal on the Wednesday or
Thursday prior to your wedding. Rehearsals will be posted in the garden marquee. Your rehearsal
does not include indoor space. Rehearsal dinners in the garden will require normal rental fees.
Smoking/Tobacco Policy
Plymouth Creek Center and grounds has been designated a tobacco free area. This includes
buildings, gardens, and parking lots. Smoking is only permitted in personal vehicles.
Cancellation Policy
Garden rental cancellations are non-refundable. Written notice is required.
Weather Policy
PCC staff reserves the right to cancel a ceremony if we have severe weather warnings, lightning,
or feel it may damage PCC property. Otherwise, the decision to cancel is up the renter.
If your reception is in our ballroom, and severe weather forces you to cancel your garden
ceremony, you can move it inside, beginning at room rental time. Guests may use table seating in
the Plymouth Room for the ceremony. Changes in room layout and any additional chair set up are
the responsibility of the renter. If you have only rented the garden for your ceremony, there is no
indoor back up unless rented prior to the event.
Food and Beverage
All food or beverage to accompany a garden event must be supplied by one of our exclusive
caterers.
Wine or champagne are permitted in the garden. No other alcohol is allowed. A Plymouth police
officer must be present for all alcohol service. The officer will be arranged through PCC staff at a
rate of $60/hour with a three hour minimum.
Dressing Rooms/Bathrooms
One of the music rooms are provided for the bride to use. Groom, groomsmen, and bridesmaids
are expected to come dressed and ready. The Alcove is a specially designed dressing area that
may be rented for an additional fee. There are bathrooms available in the lower level of the PCC
for each designated three-hour period. Any other space used indoors would be on an availability
and rental basis. If PCC is not otherwise open, the renter may request additional time for the
building to be open at a rate of $15/hour (for the building attendant). This must be determined
prior to the event.
Page 4
Decorating Policies
PCC staff must approve any decorating plans in advance. Due to environmental concerns, we do
not allow throwing of silk flowers, rice, seeds, confetti or like material, or the releasing of
balloons, or birds. We do not allow affixing of decorations with tape or similar adhesives. All
decorations and flower petals must be removed within the three hour rental time.
Chairs, Canopies, and Tents
Starting in 2011, Chairs must be provided by the PCC contracted vendor, additional fees apply.
Tents and canopies must use weighted poles and be erected in the designated area. A tent permit
must be obtained through the City. Pounding of stakes into the ground is prohibited due to the
many underground electrical wires and irrigation lines.
Photography
Garden renters must limit photo shoots to their rental use times. Professional photographers
wanting to do photo shoots not associated with a paid wedding rental must have a permit to take
photos in Millennium Garden. The fee is $5075 annually. Arrangements must be made in
advance with PCC staff.
Parking/Handicap Access
Guest parking is available in our main PCC lot, or on the north side of 34th Avenue, or in the
Plymouth Creek Playfield parking lot. A service drive is available adjacent to the garden for
supply drop off. This drive or the PCC elevator may also be used for guests with limited mobility.
Resolution No. 2013-261, August 13, 2013
Supersedes Resolution 2010, July 13, 2010; Resolution 2007-059, February 13,
2001; Resolution 2005-311, August 9, 2005; Resolution 2004-168, April 27, 2004;
Resolution 2003-557, November 25, 2005; Resolution 2003-063, January 28, 2003)
Page 5
PLYMOUTH CREEK CENTER POLICY
All of us at the Plymouth Creek Center are prepared to do whatever it takes to make your event a
success. To aid in this, we ask that your contact person carefully read this material, share the
information with your group, and abide by it. If you have any questions or concerns, please feel
free to contact us. By signing our rental application form, the customer agrees to adhere to these
rules and policies.
Hours of Use
Office hours are Monday through Friday, 8:00 a.m.-4:30 p.m.
1. The building is generally open until 9:00 p.m. most weeknights.
2. The building is closed on City holidays.
3. Rentals are permitted 8:00 a.m.-10:00 p.m., Monday-Wednesday; 8:00 a.m.-
Midnight, Thursday-Sunday.
Rental Procedures
Resident fees apply to anyone who lives in Plymouth at the time the event is held. Residents may
host events for their children, grandchildren, parents or grandparents. Events held for siblings,
cousins, nieces, nephews, uncles, aunts or other more distant relatives who reside outside of
Plymouth would incur non-resident fees and priority.
Fees for corporate or church events are based on the location of the company or
church (not individual employees or members).
In order to qualify for the resident rates for civic groups, at least 50% of the members
must live in Plymouth.
Groups claiming non-profit status will be required to submit a MN tax exempt form
ST-3 or ST-17.
Monday-Wednesday: Plymouth residents and non-residents may reserve the Plymouth
Room or Black Box Theater up to two months in advance of the event.
Thursday-Sunday: Plymouth residents may reserve the Plymouth Room or Black Box
Theater up to 18 months in advance of the event. Non-residents may reserve up to
1215 months.
Sunday-Saturday: Fireside Room, meeting and conference rooms and parts of the
Plymouth Room can be reserved up to two months in advance. Full rental and deposit
are due at the time of reservation.
Page 6
Tentative Plymouth Room reservations will be held up to twoone weeks until a non-
refundable deposit equal to 50% of the base rental cost is received. The balance of
rental and damage deposit ($300) is due no later than 1430 days prior to the event date.
Pending a post event facility review by PCC staff, the deposit will be refunded within
14 days of the event, or applied to any balance.
Cancellation Policy
Full Plymouth Room reservation deposits and room rentals are non-refundable. A
written notice is required to cancel. Cancellation of the Black Box or parts of the
Plymouth Room (A, B or C), if received 14 days or more prior to the date of the
event, full rental will be refunded.
Black Box Theater, Fireside Room, Meeting and Conference Rooms and parts of
the Plymouth Room fees are refundable if cancellation is received 14 days or more
prior to the date of the event.
Non-Profit Plymouth Civic Groups
One board meeting per month to be held in Conference Room 1 or 2 for up to 2 hours at $10 per
hour, Monday-Thursday before 9:00 p.m. is permitted. Additional hours may be rented at the
Plymouth resident rate.
The renter may not sublet the facility, nor may the application be transferred or reassigned. The
kitchen is off limits to anyone other than the exclusive caterers and PCC employees.
General Rules
You may only use the room space that has been identified and approved on your contract. Please
be sure to leave the room space as you found it, including returning all items to their original
location.
Arrange activities to conclude at the closing time stated on the application. Additional charges
will be assessed for time beyond your scheduled contract.
Plymouth Creek Center is a tobacco/smoke/e-Cigarette free building and grounds. Smoking is
NOT permitted anywhere on the premises.
Permit holders may not charge admission to their event or sell merchandise unless approved by the
PCC Manager.
All persons attending an event on PCC property shall abide by the policies of the Plymouth Creek
Center.
At their discretion, PCC staff, their authorized representative or a peace officer may:
a. Order the removal of any offender.
b. Order immediate removal of all alcoholic beverages from premises.
c. Revoke the permit immediately and order all persons from the premises.
Page 7
Youth parties must be chaperoned at a ratio of 1 adult to 10 children. A list of designated
chaperones must be submitted to the PCC 14 days prior to the event. PCC reserves the right to
assign additional staff or officers at the renter’s expense when the size of the group and type of
activity warrants it.
Violation of these rules may result in the loss of deposit (including additional charges for damages
not covered by deposit) and denial of future use of Plymouth Creek Center.
Under certain conditions, PCC staff may be forced to cancel a lease agreement prior to the event.
Possible reasons for cancellation include, but are not limited to: a declared state of emergency,
unsafe environmental or health conditions, or interrupted utility services. In such an event, the
renter agrees that the City shall not have responsibility for anything the renter may suffer or incur
due to such a cancellation. The City will attempt to notify the renter as soon as possible if such
cancellation occurs. All fees paid to the City by the renter shall be refunded to the renter if the
reservation is canceled by PCC for any of the above reasons.
Food and Beverage
To ensure high quality and consistent service, the City of Plymouth has contracted with three a
number of caterers as the exclusive food and beverage providers for events at the Plymouth Creek
Center.
Under no circumstances will the renter or anyone in their party be allowed to bring
any food or beverages into the PCC.
Wedding cakes are allowed to be brought in from a licensed baker.
Any edible guest favors must be individually wrapped and preapproved by the PCC
staff.
Events with Alcohol
Plymouth Creek Center staff will arrange with the Plymouth Police Department for security when
alcohol is served during an event.
1. You must have an officer on duty from the time the bar opens until all guests leave
the building (minimum of three hours). The fee is $60 per hour.
2. No alcoholic beverages will be allowed outside the designated banquet room(s) and
deck area.
3. All alcoholic beverages must be served by the catering company from the bar. No
bottles of alcoholic beverages can be left on guest/head tables.
4. Final service of alcoholic beverages shall be 30 minutes before the end of the rental.
Last call should be announced 15 minutes prior to bar closing. Consumption of
alcoholic beverages must cease at the conclusion of the rental.
Set-Up/Decoration
1. For full Plymouth Room Rentals: Rental fee includes initial room set-up (tables
and chairs), use of PA system (one corded microphone), CD/cassette player, LCD
projector and screen.
Page 8
Any room set-up changes that need to be made during the event (i.e.
chairs/tables removed from dance floor) will be charged accordingly with a $50
minimum.
Room set-up details will be decided and approved during final meeting two
weeks prior to event.
Up to two hours are included for decorating on the day of the event and ½ hour
for cleanup after the event. Designated time for decorating is 10:00 a.m.-12:00
p.m. Any deliveries (cake, flowers, etc.) should be made during the decorating
hours unless other arrangements have been made.
2. All decorating is to be done by the renter or their designee.
3. Affixing or draping anything from the walls, floor or ceilings is not permitted.
4. Decorating in public areas (bathrooms, entrance, lobby, etc.) is not permitted unless
prior approval is received from PCC staff.
5. Candles used for decoration must have flames contained (i.e. votive, hurricane
candle, etc.). Open pillars and candlesticks are not permitted.
6. Balloons are allowed as long as they are fastened down. Any balloon removal from
ceiling will be charged to damage deposit.
7. Confetti, glitter, bird seed, rice or other like items are strictly prohibited.
8. For the Black Box Theater: Rental fee includes initial room set-up (tables and
chairs).
Music/Audio/Entertainers
1. Sound levels for bands and audio equipment will be controlled and maintained at a
level set by building management, at a level appropriate for the room size.
2. All music will cease at least 15 minutes prior to the end of the scheduled rental
time.
3. Entertainers are required to leave the building 30 minutes past rental end time to
avoid additional rental time being charged against the room deposit.
Liability/Insurance
1. The person reserving the room is responsible for the appropriate conduct of all the
group members and guests, and for any loss, breakage, or damage to the rooms,
equipment or other PCC property. The renter shall assume full responsibility for
any damages not covered by the event deposit.
2. The City of Plymouth is not liable for any loss, damage, injury, or illness by the
users of the facilities in the PCC. Neither the City of Plymouth nor its employees
can be held responsible for any items that are left at the facility by the renter or
contracted service provider. The renter using the facilities, equipment, and other
items owned by the City further assumes all liability for any personal injuries,
including death, caused by participants at the scheduled event.
Parking
All parking at the Plymouth Creek Center is free. The parking lot has 300 spaces. Spaces directly
in front of the building are reserved for handicap parking. Parking is allowed on 34th Avenue.
Fees
Page 9
Fees are established by Chapter X of the Plymouth City Code.
Resolution No. 2013-261, August 13, 2013
Supersedes Resolution 2010-165, July 13, 2010; Resolution 2007-05, February 13, 2007;
Resolution 2005-311, August 9, 2005; Resolution 2004-168, April 27, 2004; Resolution 2001-363,
August 28, 2001; Resolution 2001-088, February 27, 2001; Resolution 2000-170, March 21, 2000)
Page 10
Outdoor Ceremony Comparisons
2016
Facility Rental Rate Capacity Time Sound Misc
Plymouth
Millennium Garden
Friday $300/Resident
420/NonResident
Saturday $355/Resident
475/NonResident
Sunday $290/Resident
410/NonResident
300 3 hrs - either:
11am-2pm
3pm-6pm
2 mics
CD player/
IPOD
Chairs must be rented through our
vendor ($1.75 or $2.75 each)
Open May - September
Brooklyn Park
Gazebo & Garden
Resident $275
NonResident $325
Different fee if you rent ballroom
200 Gazebo only rental
until 3pm
1 mic Includes 200 white lawn chairs
Open June - August
Earle Brown No fee, have to have reception there 2pm, 4pm, or 6pm $3.50/each for chairs
Noerenberg Gardens Mon - Thur, 1 hr $350
Daily, 3 hrs $600
Chair rental $2/each
48-200 1 - 3 hrs
10am - 1pm
2pm - 5pm
6pm - 9pm
Not allowed Have 6 sites,
No attendant if 1 hr and 50 or less
No bottled water allowed
Open mid-May - September
Maple Grove
TowneGreen
200-$300
3 possible locations
Muriel Sahlin
Arboretum
Roseville
6 hrs = $575/NR, $525/R
4 hrs = $425/NR, $375/R
2 hrs = $250
300
100
50
MN Landscape
Arboretum
Japanese Garden $500Mem/$600NM
Prairie Garden $300/$400
Knot Garden $400/$500
Waterfall Area $400/$500
Home Demonstration Garden $500/$600
Oak & Nut Tree Collection $1200/$1300
Rose Garden $900/$1000
MacMillan Terrace Garden $900/$1000
Slade Perennial Garden $1400/$1500
Trex Deck $1500/$1600
Sensory Garden $1700/$1800
Shrub Rose Garden $2000/$2100
4/chair
12
20
25
25
50
100
110
120
120
250
200
250
No set time blocks,
get 3 hrs at
ceremony location,
then photos
elsewhere on
property
The Woods Chapel $2,500 350 11am - 3pm
3:30pm - 7:30pm
Permanent seating
P:\Organization\Council\Council Staff Reports\2016\022316\614 Millennium Garden and PCC Attachment
Page 11
CITY OF PLYMOUTH
RESOLUTION NO. 2016 -
RESOLUTION APPROVING AMENDMENTS TO MILLENNIUM GARDEN
AND PLYMOUTH CREEK CENTER POLICIES
WHEREAS, each year staff reviews policies for the Millennium Garden and Plymouth Creek
Center; and
WHEREAS, this review includes researching policies from peer communities and facilities; and
WHEREAS, staff has presented policy language changes for the Millennium Garden and Plymouth
Creek Center; and
WHEREAS, the Parks and Recreation Advisory Commission has reviewed said policy language
changes and unanimously recommended their approval at their February 11, 2016 meeting.
NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that the policy language outlined in the attached policies is hereby approved.
APPROVED by the City Council on this 23rd day of February, 2016.
Page 12
CITY OF PLYMOUTH
ORDINANCE NO. 2016-
AN ORDINANCE AMENDING SECTION 1016 OF THE PLYMOUTH
CITY CODE CONCERNING RENTAL FEES AT THE MILLENNIUM GARDEN
AND THE PLYMOUTH CREEK CENTER
THE CITY OF PLYMOUTH, MINNESOTA ORDAINS:
SECTION 1. Section 1016, Subd. 6 of the Plymouth City Code is hereby amended as
follows:
Subd. 6. Millennium Garden.
Sales tax
applies to all fees
Plymouth
Resident & Non-profit Corporate
Non-
Resident
Friday $300 $310 $355 $365 $420 $430
Saturday $355 $365 $410 $420 $475 $485
Sunday $290 $300 $345 $355 $410 $420
Police Officer - $60/hour (A Plymouth police officer must be on duty the entire time alcohol is
served during an event.)
Ord. 2007-20, 7/24/2007; Ord. 2009-10, 6/23/2009; Ord. 2010-09, 7/13/2010; Ord. 2013-25,
8/13/2013; Ord. 2015-19, 6/23/2015; Ord. 2015-19, 6/23/2015)
Subd. 13. Plymouth Creek Center.
Plymouth Resident Non Plymouth
Non-Profit Groups Resident Corporation
A. Full Plymouth Room (*)
Mon.-Thurs. (6 hrs.) $ 390 $ 645 $ 515
Friday (6 hrs.) $ 800 $1,105 $1,045
Sat. & Holidays $1,015 $1,330 $1,215
Sunday (6 hrs.) $ 585 $ 885 $ 770
Additional Hours $ 70 $ 125 $ 95
Rental fee includes “other charges” as shown under Section E.
Off Season Discount - $100 off full ballroom rentals from November through February.
B. Half Plymouth Room and Black Box Theater
Hourly (2 hour min.) $ 75 $ 100 $ 90
Additional Hours $ 35 $ 60 $ 45
Page 13
C. Quarter Plymouth Room and Fireside Room
Hourly (2 hour min.) $ 50 $ 75 $ 60
4-6 Hours $200 $ 300 $ 240
D. Meeting Rooms 1 & 2
Hourly (2 hour min.) $ 30 $ 50 $ 40
6 Hours $150 $ 250 $ 200
E. The Alcove
Hourly (2 hour min.) $ 50 $ 65 $ 60
Up to 10 Hours $400 $ 500 $ 450
Note: Sales tax will be added to the above rates.
For room rentals, if the center is not otherwise open for City activities, an additional charge of
15/hour for a building supervisor will be charged.
Non-profit Plymouth civic groups are allowed one meeting per month in either Meeting Room 1
or 2 for up to two hours rent free, but are subject to building supervisor fees ($15/hour). If a larger
room is needed, resident fees apply.
Ord. 2007-20, 7/24/2007; Ord. 2007-23, 10/09/2007; Ord. 2009-10, 6/23/2009; Ord. 2010-07,
7/13/2010; Ord. 2011-17, 6/28/2011; Ord. 2015-19, 6/23/2015)
SECTION 2. This ordinance shall be effective April 1, 2016.
ADOPTED by the City Council this 23rd day of February, 2016.
Kelli Slavik, Mayor
ATTEST:
Sandra R. Engdahl, City Clerk
Page 14
CITY OF PLYMOUTH
RESOLUTION NO. 2016 -
RESOLUTION APPROVING SUMMARY PUBLICATION OF
ORDINANCE NO. 2016-
ORDINANCE AMENDING SECTION 1016 OF THE PLYMOUTH
CITY CODE CONCERNING RENTAL FEES AT THE MILLENNIUM GARDEN
AND THE PLYMOUTH CREEK CENTER
Ordinance No. 2016- amends Section 1016 of the Plymouth City Code concerning rental fees at
the Millennium Garden and the Plymouth Creek Center.
A printed copy of the entire ordinance is available for inspection at the City Clerk’s Office during
regular office hours.
APPROVED for summary publication by the City Council this 23rd day of February, 2016.
Page 15
REGULAR
COUNCIL MEETING
February 23, 2015
Agenda
Number: 6.15
To: Dave Callister, Administrative Services Director
Prepared by: Jodi Bursheim, Finance Manager
Reviewed by: Luke Fischer, Administrative Services Director
Item:
Adopt an Ordinance Amending Section 1015.19 of the City
Code regarding Water and Sewer Area and Connection (REC)
Charges
1. ACTION REQUESTED:
Adopt updated Utility Rate Study, Ordinance amending Section 1015.19 of the City Code increasing
rate fees for water and sanitary sewer area and connection (REC) charges, and Resolution
approving summary publication of said Ordinance.
2. BACKGROUND:
The Utility Trunk Fund (expansion) was created to track the cost of adding water and sewer mains to
new developments and assist in evaluating whether the incoming revenue from new development was
adequate to cover the related expenses. Historically, for cash flow purposes, the Water Sewer
Replacement Fund has held the receivables for street project special assessments. Going forward,
these receivables will be held in the Utility Trunk Fund as this fund has less transactional activity
impacting cash flow. This change will impact the individual fund cash balances between the two, but
will not have an impact on overall cash balances as these funds are combined for reporting purposes.
Staff updated the Utility Trunk Fund analysis to ensure rates are sufficient to support the expansion of
the water and sewer utilities to undeveloped areas. As mentioned above, the cash flow projections
show a variance to the study in 2015 due to the special assessment receivables, however this will be
collected over time replenishing this fund and will not have an impact on rates.
As a result of the analysis, staff recommends increasing rates annually by 3.0% through 2020 at which
time new development is planned to level out and the financial demands on the Utility Trunk fund are
reduced. Proposed rates remain consistent with the previous study.
The rates are proposed to be increased to the following for 2016:
Water Area $4,341
Sewer Area $1,169
Water Connection REC $1,262
Sewer Connection REC $ 492
Staff recommends the City Council adopt the attached ordinance increasing the rates for 2016.
Page 1
3. BUDGET IMPACT:
N/A
4. ATTACHMENTS:
2016 Utility Trunk Fund Analysis
Ordinance
Resolution Approving Summary Publication
Page 2
Utility Trunk Fund
Analysis
February 2016
Prepared By:
Finance Division
Page 3
1 | P a g e
Introduction
This analysis was done to update the financial projections for the trunk expansion fund and ensure the
following:
1. Rates are sufficient to support the expansion of the water and sewer utilities to undeveloped areas.
2. Revenue sources are restricted to new users going forward.
3. An adequate cash balance is maintained to cover fluctuations in revenue and expenses.
Background
The Utility Trunk Expansion fund was created to track the cost of adding water and sewer mains to new
developments and assist in evaluating whether the incoming revenue from those developments is adequate to
cover the related expenses. This utility trunk fund was intended to separate projects related to growth from
those related to maintenance and repair of systems used to serve existing residents.
Assumptions
The following are the significant assumptions made in this analysis:
1) Growth is estimated at 100-250 units per year from 2015-2025.
2) Expenses
a) Capital – 2016 through 2020 obtained from approved CIP document.
b) Capital – 2021 and beyond is based on anticipated expansion of the system due to development
growth.
c) Capital beyond 2020 and all other expenses projected to increase 3.0% annually (based on The
American City and County Magazine’s published Construction Cost Index).
3) Rates – 3% increase
Overview and Recommendations
The Trunk Expansion fund generates revenue from water and sewer area and connection (REC) charges from
new construction. These charges are intended to provide funding for the expansion of utility services to new
developments and allocate the cost of the system to those who benefit, instead of existing users. The area
charges are based on the land area associated with the development, and are charged out at a per-acre rate.
It is normal practice to assess the area charges to the properties and collect the fee over a five year period,
with interest. Water connection fees are based on the number of residential equivalency units (REU) assigned
to their usage. An REU is defined as the use of 225 gallons per day, the equivalent of a typical single-family
dwelling.
In order to keep up with the expenses of new development, we recommend annual rate increases of 3% to the
Area and REC charges for both water and sewer for a minimum of 5 years, at which time new development will
have leveled off and the financial demands on the Expansion Fund are reduced.
Page 4
2 | P a g e
Proposed Increases 3%3%3%3%3%
2015 2016 2017 2018 2019 2020
1,135 $1,169 $1,204 $1,240 $1,278 $1,316
4,215 4,341 4,471 4,606 4,744 4,886
478 492 507 522 538 554
1,226 1,262 1,300 1,339 1,380 1,421
Note: Area charges are per acre and connection (REC) charges are perREU.
SewerArea
Water Area
SewerREC
Water REC
Cash Balances
The Utility Trunk Expansion fund had a cash balance of $3,967,729 as of 12/31/15.
Historically, for cash flow purposes, the Water Sewer Replacement fund has held the receivables for street
project special assessments. Going forward, these receivables will be held in the Utility Trunk fund as this fund
has less transactional activity impacting cash flow. The Water Sewer Replacement fund and the Trunk fund are
included in utilities, which are combined and reported as one enterprise fund in the City’s Comprehensive
Annual Financial Report (CAFR). Therefore, this change will impact cash balances between the two funds, but
will not have an impact on overall reporting.
2,000,000
4,000,000
6,000,000
8,000,000
10,000,000
12,000,000
14,000,000
2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025
Utility Trunk Expansion Fund Cash Balances
Updated Cash Projections January 2016 Original Cash Projections January 2015
The 2014 updated cash balance projections reflect a decrease of approximately $1.3 million from the original
projection presented last year. The 2014 projection was based on estimated funding of the Peony Lane
project. The remaining variance of approximately $4.8 million is for the street project special assessment
receivables that will be collected over time. Growth expectations were adjusted in this study based on
updated data from Community Development. Proposed area and REC charges remain consistent with the
previous study.
Page 5
3 | P a g e
Summary
The Council had elected to fund expansion projects from new development (the users that derive the benefit).
A 3.0% annual increase is recommended to ensure funds are available for future capital needs.
If growth continues as estimated, there will be very little development beyond 2025. The demand for
expansion will dissipate as the City nears complete development, leaving the fund with a sizeable reserve.
However, it is anticipated that a new water treatment plant, estimated at approximately $7-8 million, will be
needed to support full development of the city, using a significant portion of the reserve. Over time, this
estimate will need to be adjusted for inflation.
Staff recommends this cash balance be maintained until there is not a need for expansion projects. At that
time, any excess can be transferred to the water and sewer utility funds for support of ongoing operations and
maintenance of the system.
Appendix A Cash flow Projections
Appendix B Capital Expenditure Projections
Page 6
City of Plymouth
Utility Trunk Expansion Cashflow
2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025
RevenueRateAssumption 3.8%3.8%3.8%3.8%3.0%3.0%3.0%3.0%3.0%3.0%3.0%3.0%3.0%3.0%3.0%
InterestRate 1.0%1.0%1.0%1.0%1.0%1.0%1.0%1.0%1.0%1.0%1.0%1.0%
Beginning Cash 1,807,752 3,023,016 4,028,523 5,938,381 6,646,482 3,118,448 3,627,076 2,290,729 2,987,026 3,707,934 4,344,872 5,365,163 6,186,763 6,346,292 7,107,632
Revenue
Area ChargesandAssessments 600,317 531,687 776,446 808,965 181,227 257,283 335,620 416,307 392,324 404,693 417,747 431,515 444,461 457,795 382,284
RECCharges 670,902 713,527 1,068,471 832,755 425,905 438,682 451,843 465,398 479,360 394,992 406,842 209,524 215,809 222,284 228,952
StreetAssessments 1,321,538 1,321,479 1,389,520 1,731,172 1,769,027 1,960,335 2,123,220 2,109,006 2,045,887 2,023,165 1,995,599
Interest 63,830 68,442 (74,754) 224,807 66,465 31,184 36,271 22,907 29,870 37,079 43,449 53,652 61,868 63,463 71,076
Sewer - - 309,576 - - - - - - - - - - - -
TotalRevenue 1,335,049 1,313,656 2,079,739 1,866,527 1,995,135 2,048,628 2,213,253 2,635,785 2,670,581 2,797,101 2,991,259 2,803,697 2,768,026 2,766,707 2,677,911
Expense
StreetAssessments - - - - 5,203,169 1,220,000 3,220,000 1,600,000 1,600,000 1,600,000 1,600,000 1,600,000 1,600,000 1,600,000 1,600,000
Sewer - - 13,260 - 100,000 100,000 103,000 106,090 109,273 112,551 115,927 119,405 122,987 126,677 130,477
Water - - - - 220,000 220,000 226,600 233,398 240,400 447,612 255,040 262,692 885,509 278,689 287,050
WaterSewer Construction - 100,502 - - - - - - - - - - - - -
Street - - - 1,355,224 - - - - - - - - - - -
Other - 12,884 26 28 - - - - - - - - - - -
Total Expense - 113,386 13,286 1,355,252 5,523,169 1,540,000 3,549,600 1,939,488 1,949,673 2,160,163 1,970,968 1,982,097 2,608,497 2,005,366 2,017,527
1,335,049 1,200,270 2,066,453 511,275 (3,528,034) 508,628 (1,336,347) 696,297 720,909 636,938 1,020,291 821,600 159,529 761,340 660,384
EndingCashBalances 3,023,016 4,028,523 5,938,381 6,646,482 3,118,448 3,627,076 2,290,729 2,987,026 3,707,934 4,344,872 5,365,163 6,186,763 6,346,292 7,107,632 7,768,016
PreviousProjection 3,023,016 4,028,523 5,938,381 7,963,490 8,330,257 8,789,524 9,344,882 10,000,036 10,651,720 10,957,834 11,550,758 12,165,347 12,066,787 12,716,931 13,300,215
Variancefrom Previous Projection - - - (1,317,008) (5,211,809) (5,162,448) (7,054,153) (7,013,010) (6,943,786) (6,612,962) (6,185,595) (5,978,584) (5,720,495) (5,609,299) (5,532,199)
Net Income (Loss)
Appendix AActual
Projections Page
City of Plymouth
Utility Trunk Fund
Capital Expenditure Projections
Inflation 3.00%
New Inflated % New Dev
Development Year 2016 Cost Cost At Const¹x Cost
Sewer
Trunk sewer oversizing 100.00%2015 100,000 100,000 100,000
Trunk sewer oversizing 100.00%2016 100,000 100,000 100,000
Trunk sewer oversizing 100.00%2017 100,000 103,000 103,000
Trunk sewer oversizing 100.00%2018 100,000 106,090 106,090
Trunk sewer oversizing 100.00%2019 100,000 109,273 109,273
Trunk sewer oversizing 100.00%2020 100,000 112,551 112,551
Trunk sewer oversizing 100.00%2021 100,000 115,927 115,927
Trunk sewer oversizing 100.00%2022 100,000 119,405 119,405
Trunk sewer oversizing 100.00%2023 100,000 122,987 122,987
Trunk sewer oversizing 100.00%2024 100,000 126,677 126,677
Trunk sewer oversizing 100.00%2025 100,000 130,477 130,477
Total 1,100,000 1,246,388 1,246,388
Water
Trunk water mainoversizing 100.00%2015 220,000 220,000 220,000
Trunk water mainoversizing 100.00%2016 220,000 220,000 220,000
Trunk water mainoversizing 100.00%2017 220,000 226,600 226,600
Trunk water mainoversizing 100.00%2018 220,000 233,398 233,398
Trunk water mainoversizing 100.00%2019 220,000 240,400 240,400
Trunk water mainoversizing 100.00%2020 220,000 247,612 247,612
Fire protection upgrades 100.00%2020 200,000 225,102 200,000
Trunk water mainoversizing 100.00%2021 220,000 255,040 255,040
Trunk water mainoversizing 100.00%2022 220,000 262,692 262,692
Trunk water mainoversizing 100.00%2023 220,000 270,572 270,572
Fire protection upgrades 100.00%2023 500,000 614,937 614,937
Trunk water mainoversizing 100.00%2024 220,000 278,689 278,689
Trunk water mainoversizing 100.00%2025 220,000 287,050 287,050
Total 3,120,000 3,582,092 3,556,990
Inflation factored in for project costs beyond 2016. Inflation is not a factor in the CIP for routine projects.
The CIP document has $7,600,000 budgetedfor a new Water Treatment Plant, however, it is uncertain when this plant
will be needed, therefore it has been omitted from this study.
Appendix B
Page 8
CITY OF PLYMOUTH
ORDINANCE NO. 2016-
AN ORDINANCE AMENDING CHAPTER 10
OF THE PLYMOUTH CITY CODE
CONCERNING WATER AND SANITARY SEWER PERMITS AND UTILITY FEES
THE CITY OF PLYMOUTH ORDAINS:
Section 1015 of the City Code is amended to read as follows:
1015.19. Water and Sanitary Sewer Permit Fees. Water and sanitary sewer permit fees are as follows:
a) Residential Water Connection or $40 plus cost of meter
Disconnection
b) Commercial Water Connection or 1% of Job Cost, $40 minimum plus
Disconnection cost of meter
c) Residential Sewer Connection or $40
Disconnection
d) Commercial/Industrial Sewer Connection 1% of Job Cost, $40 minimum
or Disconnection
e) Alteration or Repair of any Private 1% of Job Cost, $40 minimum
Underground Sewer or Water System
f) Commercial/Industrial Plan Review Fee $100
for Inspection of Private Underground
Utility Installation (when submittal
documents are required)
g) Water Turn-Off-/Turn-On Charge
1) Scheduled during regular business $40
hours
2) Unscheduled during regular $80
business hours
3) Outside regular business hours $160
h) Curb box adjustment:
Residential $35
Commercial $70
i) Industrial, Commercial, Public and $35 per year each
Institutional Property Private Fire
Hydrant Inspection Fee
j) Reinspection Fee $15
k) Violation of Water Sprinkling Ban $100 for each day of violation
of Section 720.37
l) City Sewer Connection Charge (REC) $478 492 per unit
m) City Water Connection Charge (REC) $1,226 1,262 per unit
n) City Water Area Charge $4,215 4,341 per acre
o) City Sewer Area Charge $1,135 1,169 per acre
Page 9
Ord. 94-20, 11/07/94; Ord. 96-32, 12/18/96; Ord. 98-7, 3/18/98; Ord. 99-27, 11/02/99; Ord. 2005-35,
11/29/2005; Ord. 2007-27, 11/13/2007; Ord. 2009-01, 12/13/2009; Ord. 2011-02, 1/25/2011; Ord. 2012-
03, 1/24/2012; Ord. 2013-03, 1/8/2013; Ord. 2014-08, 1/28/2014)
Effective Date. This ordinance shall take effect immediately upon its passage.
ADOPTED by the City Council on this 23rd day of February, 2016.
Kelli Slavik, Mayor
ATTEST:
Sandra R. Engdahl, City Clerk
Page 10
CITY OF PLYMOUTH
RESOLUTION NO. 2016 -
RESOLUTION APPROVING SUMMARY PUBLICATION OF
ORDINANCE NO. 2016-
ORDINANCE AMENDING SECTION 1015.19 OF THE CITY CODE
REGARDING WATER AND SEWER AREA AND CONNECTION (REC) CHARGES
Ordinance No. 2016- amends Section 1015.19 of the Plymouth City Code regarding water and sewer area
and connection (REC) charges.
A printed copy of the entire ordinance is available for inspection at the City Clerk’s Office during regular
office hours.
APPROVED for summary publication by the City Council on this 23rd day of February, 2016.
Page 11
REGULAR
COUNCIL MEETING
February 23, 2016
Agenda
Number: 6.16
To: Dave Callister, City Manager
Prepared by: Barb Northway, Deputy Director of Parks and Recreation
Reviewed by: Diane Evans, Director of Parks and Recreation
Item: Approve Asphalt Bid for Park Trails, Parking Lots and
Hardscape Surface Repairs for 2016 and 2017
1. ACTION REQUESTED:
Adopt the attached resolution approving the asphalt bid from DMJ Asphalt, Inc. to repair park trails,
parking lots and other hardscape surfaces, as needed, for 2016 and 2017.
2. BACKGROUND:
The City park system includes trails, parking lots, and
hardscape basketball and/or tennis court surfaces. As the
park system continues to age, these asphalt and concrete
surfaces are starting to deteriorate and are in need of
repair and/or renovation.
Trails, parking lots and other hardscape surfaces are
inspected and rated for condition. The rating system is
based on a scale from 1-5. A rating of 1 is critical, which
means having a medium to high extent of distress. A rating
of 5 is excellent, which is a very low extent of distress. In
2014, the entire trail system was inspected and the
condition of the asphalt/concrete surface was rated.
Parking lots and other hardscape surfaces are inspected bi-
annually and rated using the same 1-5 rating system to
ensure safe and pleasurable use.
The trail system contains 150 miles of asphalt or concrete
walking and/or biking connections to neighborhoods,
schools, work places, retail centers and parks. Based on the
rating system, trails are evaluated and prioritized for repair,
rebuilding and/or receiving an overlay to ensure safe and
enjoyable use. When repairing trails, staff ensures that the
City is in compliance with the Americans with Disability Act
ADA). ADA has specific requirements for maximum trail
slope, side slope and intersections (e.g. installing truncated
domes).
Trail with a Rating of 1
Trail with a rating of 1
Parking lot with a rating of 1
Hardscape with a rating of 1
Page 1
Typically, an 8’ wide trail can be overlaid for $11 per foot, or $58,080 per mile, provided additional
base or ADA compliance work is not necessary. An asphalt overlay to the trail surface gives an
additional 10-15 years of usage.
Within the park system there are 32 facilities (e.g. Plymouth Creek Center, St Mary’s Park, Heritage
Park) that have parking lots, providing approximately 2,500 total parking stalls. Additionally, there
are 33 hardscape surfaces (e.g. basketball, tennis). Some of the asphalt surfaces are over 15 years
old and showing signs of deterioration.
The general locations of trail repair, parking lot repair and hardscape court repair for 2016 and 2017
are:
1) 22nd Avenue – Vicksburg Lane to Dunkirk Lane
2) Plymouth Creek Playfield trails
3) Plymouth Creek Center parking lot
4) Tunnels – Cheshire Ln, 37th Avenue, County Road 9
5) Plymouth Playfield trails
6) Rolling Hills area trails
7) Fernbrook Lane – Highway 55 to County Road 6
8) Hardscape courts at parks – Green Oaks, Plymouth Creek, Turtle Lake, St Mary’s
9) Smaller repair areas around manholes and various areas needing patching
The asphalt bids were received on February 5, 2016. Staff recommends approval of the bid from DMJ
Asphalt Inc. for both 2016 and 2017. The City has used this contractor in the past, and they have
demonstrated high quality work. Their qualifications and work performance are compliant with the
City’s Responsible Bidder Evaluation Policy.
Company Name 2016
Cost per ton)
2017
Cost per ton)
Bituminous Roads, Inc. $80 $85
DMJ Asphalt, Inc. $70 $72
3. BUDGET IMPACT:
The trail and hardscape repair portion of the project is scheduled in the Capital Improvement
Program (CIP) for 2016 and 2017 in the amount of $205,000 each year, utilizing the Park
Replacement Fund. The mill and overlay project at the Plymouth Creek Center parking lot is
scheduled in the CIP for 2016 in the amount of $300,000 utilizing $150,000 from the Fieldhouse
Fund and $150,000 from the Park Replacement Fund.
4. ATTACHMENTS:
Resolution
Page 2
CITY OF PLYMOUTH
RESOLUTION NO. 2016 -
RESOLUTION APPROVING ASPHALT BID FROM DMJ ASPHALT, INC. FOR PARK TRAILS,
PARKING LOTS, AND OTHER HARDSCAPE SURFACE REPAIRS FOR 2016 AND 2017
WHEREAS, the Parks and Forestry Division has inspected and assigned a rating to 150 miles of
asphalt trails, 32 parking lots and 33 hardscape courts in the City; and
WHEREAS, as determined by the rating system, asphalt surfaces with a medium to high extent of
distress will be overlaid with new asphalt; and
WHEREAS, the trail and hardscape repair portion of the project is scheduled in the Capital
Improvement Program (CIP) for 2016 and 2017 for $205,000 each year, utilizing the Park
Replacement Fund; and
WHEREAS, the Plymouth Creek Center parking lot mill and overlay is scheduled in the CIP
for 2016, in the amount of $300,000, utilizing $150,000 from the Fieldhouse Fund and $150,000
from the Park Replacement Fund; and
WHEREAS, the City has prepared specifications, advertised, received and opened bids on
February 5, 2016; and
WHEREAS, DMJ Asphalt, Inc.’s bids of $70 per ton for 2016 and $72 per ton for 2017 is the
lowest responsible bidder according to the City’s Responsible Bidder Evaluation Policy; and
WHEREAS, based on bid amounts, and experience with past city project, staff recommends
accepting the bid from DMJ Asphalt, Inc.
NOW, THEREFORE BE IT HEREBY RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that the asphalt bid for park trails, parking lots and other hardscape surface
repairs for 2016 and 2017 from DMJ Asphalt, Inc. in the amount of $70 per ton in 2016 and $72 per ton in
2017 is hereby approved.
APPROVED by the City Council on this 23rd day of February, 2016.
Page 3
REGULAR
COUNCIL MEETING
February 23, 2016
Agenda
Number: 8.01
To: Dave Callister, City Manager
Prepared by: Diane Evans, Director of Parks & Recreation
Reviewed by:
Item: Consider Parking Lot Improvements at the Plymouth
Ice Center and Life Time Fitness (40044)
1. ACTION REQUESTED:
Consider parking lot improvements at the Plymouth Ice Center and Life Time Fitness. Staff
has identified two options and has attached the appropriate resolutions for each action.
Option 1 – Award bid for the expansion and renovation of the Plymouth Ice Center and Life
Time Fitness Parking Lot to New Look Contracting in the amount of $1,016,411.
Option 2 – Reject bids for the expansion and renovation of the Plymouth Ice Center and Life
Time Fitness Parking Lot and authorize staff to re-advertise for parking lot mill and overlay
improvements.
Option 3 – Do nothing. Staff does not recommend the Council take this action because the
parking lot has been in a state of disrepair and has been planned for some time.
2. BACKGROUND:
The Plymouth Ice Center (PIC) and Life Time Fitness complex is one of the busiest recreational
facilities in Minnesota. PIC draws almost 500,000 visitors annually and Life Time Fitness generates a
considerable amount of traffic to the site with membership capacity at 83% and growing. The
parking facility is used for many City Center events and activities including Music in Plymouth,
Plymouth on Parade and other special events. As the City continues to grow, staff anticipates
parking demands to increase at this location -- for PIC and Life Time use, for City Center as it
develops and redevelops, and general community needs.
On January 13, 2015, the project was authorized to proceed with plans and specifications for
expansion and renovation of the lot. On July 8, 2015, the City received five bids, with the apparent
low bid of $1,138,523, which was $238,523 over the engineer’s estimate. On July 28, 2015, staff
recommended that the Council reject all bids and authorize the project to be re-bid in hopes of a
more favorable bidding climate.
On December 17, 2015, the expansion and renovation project was advertised in the Plymouth Sun
Sailor. The base project provides for 86 new parking stalls (no parallel parking spots), mill and
overlay of the existing spaces, concrete and paver repair, 20-25 feet of buffered greenspace
Page 1
between Plymouth Boulevard and the parking lot, and other enhanced landscaping. On January 13,
2016 the City received seven bids:
COMPANY BASE BID MEDIAN LANDSCAPING TOTAL BID
New Look Contracting $992,611.00 $23,800.00 $1,016,411.00
Peterson Companies $998,530.98 $28,018.25 $1,026,549.23
Northwest Asphalt Inc. $1,041,238.79 $22,422.00 $1,063,660.79
Bituminous Roadways $1,087,254.24 $24,000.20 $1,111,254.44
CS McCrossan Construction $1,146,175.65 $26,717.00 $1,172,892.65
T.A. Schifsky and Sons $1,224,004.99 $26,575.29 $1,250,580.28
Morcon Constructions $1,402,801.27 $28,970.55 $1,431,771.82
Engineer’s Estimate $920,000 $30,000 $950,000
Life Time Fitness requested an alternate bid for the project to enhance the median landscaping
within the entry drive off of Plymouth Boulevard. Life Time Fitness will pay for the landscaping
upgrade, along with any associated upkeep and maintenance.
The apparent low bid, with the base bid and median landscaping option, is from New Look
Contracting in the amount of $1,016,411. New Look Contracting is based out of Rogers, Minnesota.
Their qualifications and work performance are compliant with the City’s Responsible Bidder
Evaluation Policy.
If the Council awards the parking expansion and renovation project, it will be completed this
summer. If the project is rejected, staff recommends re-advertising for a basic parking lot mill and
overlay bidding to be completed later this fall.
3. BUDGET IMPACT:
The City and Life Time Fitness have an agreement that defines how costs are shared for parking
facility improvements. The proposed project is scheduled in the 2016 Capital Improvement
Program (CIP), with a planned City contribution of $500,000, based on original project cost
estimations of $1,000,000. When the original bid exceeded this amount, the City and Life Time
negotiated costs beyond the City’s budgeted amount. As a result, Life Time agreed to a lump
sum amount of $625,000.
Page 2
The chart below provides a breakdown of the project’s expansion and renovation components
and cost estimates:
Total Cost City Lifetime
Parking lot improvements
86spaces newspaces
24footdrive aisle
Mill & overlay
823,356 $367,473 $455,883
Storm sewer improvements $110,140 $55,070 $55,070
City Center landscape enhancements
Boulevard treeplantings & benches
Life Time Fitness main entry median
landscaping (LifeTimefundsmediancosts
of $23,800)
82,915 $28,958 $53,957
Consultant & administrative $97,000 $48,500 $48,500
Balance of Life Time’s Lump Sum* $11,589 $0 $11,589
Total $1,125,000 $500,000 $625,000
Currently with the remaining balance of Life Time’s lump sum there is a contingency amount
of 1% on the entire project amount. The project consultant believes that there is a limited
chance of an overrun on the landscaping or storm sewer component of the project. The most
likely area that could generate a contingency cost during construction is the need for a soil
correction that was not identified as part of the soil boring process. The City’s general best
practices suggest a contingency in the amount of 10% of the total project cost or $100,000. In
this scenario, the City’s planned contribution (including contingencies) is $550,000 and Life
Time’s planned contribution is $675,000.
Funding for the project will be split between the Park Dedication Fund ($350,000) and the Park
Replacement Funds ($200,000).
If the Council rejects the expansion and renovation improvements, the cost for a basic mill and
overlay is estimated at $600,000. The City and Life Time Fitness would split the costs evenly.
4. ATTACHMENTS:
Proposed Parking Lot Improvements
Landscape Plan
Landscape Rendering
Resolutions
Page 3
Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping,Aerogrid, IGN, IGP, swisstopo, and the GIS User Community
PROPOSED IMPROVEMENTS Page 4
File Location: N:\2015\15025MN - Lifetime Plymouth\15025MN - AutoCAD\15025MN L1.00 - Landscape Plan / Drawn by: XX / Checked by: XX
LANDSCAPE LAYOUT520 NORTH THIRD
STREET,
SUITE 120MINNEAPOLIS,
MN55401PH:
612.333.3702CONFLUENCE
File Location: N:\2015\15025MN - Lifetime Plymouth\15025MN - AutoCAD\15025MN L1.00 - Landscape Plan / Drawn by: XX / Checked by: XX
ENLARGEMENTNORTH520 NORTH THIRD STREET,
SUITE
120MINNEAPOLIS, MN
55401PH: 612.
333.3702CONFLUENCE
File Location: N:\2015\15025MN - Lifetime Plymouth\15025MN - AutoCAD\15025MN L1.00 - Landscape Plan / Drawn by: XX / Checked by: XX
ENLARGEMENTSOUTH520 NORTH THIRD STREET,
SUITE
120MINNEAPOLIS, MN
55401PH: 612.
ROOT BALL SET ON MOUNDED SUBGRADE
HOLE PRIOR TO PLANTING
SCARIFY BOTTOM AND SIDES OF
PERIOD. STAKING IS NOT PERMITTED.
POSITION THROUGH THE WARRANTY
MAINTAINING ALL TREES IN A PLUMB
THE CONTRACTOR IS RESPONSIBLE FOR
TREES UNLESS OTHERWISE SPECIFIED.
PROVIDE RODENT PROTECTION ON ALL DECIDUOUS
REMOVE ALL FLAGGING AND LABELING
IN 8-12" LIFTS AND SATURATE SOIL WITH
PLANTING OPERATIONS. PLACE BACKFILL
WATER TREE THOROUGHLY DURING
FROM TREE.
BRANCHES AFTER PLANTING IS COMPLETE.
PRUNE DAMAGED AND CROSSING
WATER. DO NOT COMPACT MORE THAN
NECESSARY TO MAINTAIN PLUMB.
PLANTING HOLE - 2 x ROOT BALL,
CONTAINER, OR DIA. WIDTH
AROUND TREE TO RETAIN WATER.
CREATE A SHALLOW RING DEPRESSION
ROOT BOUND CONTAINER TREES TO BE
SCARIFIED ON THE SIDES AND BOTTOM.
PLANTS SHOULD BE AT THE PROPER DEPTH
WHEREBY THE BEGINNING TAPER OF THE ROOT
FLARE IS AT THE SAME ELEVATION AS THE
FINISHED SOIL GRADE. THIS SHOULD BE THE
SAME DEPTH AS THE PLANTS WERE GROWN AT
IN THE NURSERY. NOTE THAT THE ROOTS OF
BALLED AND BURLAPPED PLANTS ARE
UNACCEPTABLE WHEN THEY ARE COVERED BY
MORE THAN 4" OF SOIL IN THE TOP OF THE BALL.
PROVIDE MIN. 2.5' RADIUS WOOD MULCH CIRCLE
AROUND EACH ORNAMENTAL TREE TRUNK - 3" DEEP
PER SPEC. NO MULCH TO LAY AGAINST COLLAR.
CUT AND REMOVE ALL WIRE, ROPE, AND
BURLAP FROM THE TOP 2/3 OF BALL AND
BURLAP TREES.
HARD WOOD MULCH - 3" DEEP - SEE SPEC.
PLANTING SOIL - 12" DEPTH SEE NOTES
2X ROOT BALL,CONTAINER,
OR DIAMETER WIDTH
LOOSEN ROOTS OF ALL CONTAINERIZED
PLANTS. SCARIFY BOTTOM AND SIDES OF
HOLE PRIOR TO PLANTING
SHRUBS TO BE PLACED SO THAT TOP
OF CONTAINER SITS FLUSH WITH
PROPOSED GRADE.
SET ON MOUNDED GRADE. WATER
SHRUB THOROUGHLY AFTER
PLANTING.
STEEL EDGER - SEE SPECS.
VARIES
SEE PLAN
EDGE VARIES - SEE PLAN
LOOSEN ROOTS OF PLANT MATERIAL
PRIOR TO PLANTING
HARDWOOD MULCH 3" DEEP - SEE SPECS
12" DEPTH (MIN). 1:1:1 PLANTING SOIL - SEE
SPECS.
4"
2"SOD SOIL
FROM
SOD
CUTTING TOPSOIL
DISCED
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JOINTPLANTING DETAILS L.200File Location: N:\2015\
15025MN - Lifetime Plymouth\15025MN - AutoCAD\15025MNL2.00 -
Details / Drawn by: XX / Checked by: XX530 NORTH THIRD
STREET, SUITE 120MINNEAPOLIS, MINNESOTA 55401
PH: 612.333.3702CONFLUENCE PROJECT NO:
15025MN
COPYRIGHT 2015
BY
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FITNESSPLYMOUTH / MINNESOTAISSUED FOR
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OPTION 1 – RESOLUTION AWARDING BID
CITY OF PLYMOUTH
RESOLUTION NO. 2016 -
RESOLUTION AWARDING BID FOR THE EXPANSION AND RENOVATION
OF THE PLYMOUTH ICE CENTER AND LIFE TIME FITNESS PARKING LOT (40044)
WHEREAS, City Council authorized the advertisement of bids for the expansion and renovation
of the Plymouth Ice Center and Life Time Fitness parking lot; and
WHEREAS, pursuant to an advertisement for bids for the project, seven bids were received,
opened and tabulated on January 13, 2016, according to law,
WHEREAS, City staff, Life Time Fitness staff, and Elfering & Associates, the consultants on the
project, recommend accepting the bid from New Look Contracting in the amount of $1,016,411; and
WHEREAS, New Look Contracting’s qualifications and work performance are compliant with the
City’s Responsible Bidder Evaluation Policy; and
WHEREAS, the City’s financial commitment for the project is scheduled in the 2016 Capital
Improvement Program in the amount of $500,000; and
WHEREAS, the overall project cost (with contingency) is estimated at $1,225,000 with Life
Time Fitness contributing $675,000 and the City contributing $550,000 to the project.
NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that the contract with New Look Contracting in the amount of
1,016,411 for the expansion and renovation of the Plymouth Ice Center/Life Time Fitness
parking lot is hereby approved,
BE IT FURTHER RESOLVED the City’s contribution of $550,000 will come from the
Park Dedication Fund in the amount of $350,000 and Park Replacement Fund in the amount
of $200,000.
APPROVED by the City Council on this 23rd day of February, 2016.
Page 10
OPTION 2 – RESOLUTION REJECTING BID
CITY OF PLYMOUTH
RESOLUTION NO. 2016 -
RESOLUTION REJECTING BIDS FOR THE EXPANSION AND RENOVATION OF THE PLYMOUTH
ICE CENTER AND LIFE TIME FITNESS PARKING LOT AND AUTHORIZING THE
ADVERTISEMENT FOR MILL AND OVERLAY IMPROVEMENTS (40044)
WHEREAS, City Council authorized the advertisement of bids for the expansion and renovation
of the Plymouth Ice Center and Life Time Fitness parking lot; and
WHEREAS, pursuant to an advertisement for bids for the project, seven bids were received,
opened and tabulated on January 13, 2016,
WHEREAS, it appears that New Look Contracting is the lowest responsible bidder, complying with
the minimum specifications; and
WHEREAS, all bids are higher than estimated and the City Council wishes to reject all
bids; and
WHEREAS, the project will be re-advertised for mill and overlay improvements.
NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that:
1. All bids received are hereby rejected.
2. The City Clerk is herebyauthorized and directed to return forthwith to allbidders the deposits
made with their bids.
3. Staff is directed to advertise for mill and overlay improvements.
APPROVED by the City Council on this 23rd day of February, 2016.
Page 11
REGULAR
COUNCIL MEETING
February 23, 2016
Agenda
Number: 8.02
To: Dave Callister, City Manager
Prepared by: Jim Renneberg, City Engineer
Reviewed by: Doran Cote, Public Works Director
Item:
Consider Approving Agreements with Xcel Energy, State of
Minnesota and Canadian Pacific Railway and Awarding
Contract for the Vicksburg Lane Reconstruction and Expansion
Project (16001)
1. ACTION REQUESTED:
Adopt the attached resolutions approving agreements with Xcel Energy, State of Minnesota and
Canadian Pacific Railway and awarding the contract for the Vicksburg Lane reconstruction and expansion
project (16001).
2. BACKGROUND:
Reconstruction and expansion of Vicksburg Lane from Schmidt Lake Road to the Maple Grove border
was included in the 2015-2019 Capital Improvement Program (CIP) for construction in 2016, however,
the timing of the two Vicksburg Lane projects that were in the CIP was switched due to construction on
I-494 and resulting local road closures. This project is now included in the 2016-2020 CIP for
construction in 2016.
The proposed improvements for Vicksburg Lane between Schmidt Lake Road and the Maple Grove
border include reconstruction and expansion from two to four lanes designed to minimum Municipal
State Aid (MSA) standards, a bridge over the Canadian Pacific (CP) Railway and a pedestrian bridge as
part of the Northwest Greenway. Also included with the project is the installation of concrete curb and
gutter, and a multi-use, two-directional trail on the each side of the road. On-road bike lanes were
considered but determined to not be feasible due to limited right-of-way and additional property
acquisition, and significant impacts to trees and wetlands along the corridor.
The traffic signals on Vicksburg Lane at Schmidt Lake Road and County Road 47 will be revised and
retrofitted with flashing yellow arrows. A traffic signal may be warranted in the future at the
intersection of Vicksburg Lane and 55th Avenue due to ongoing development in the area. A conduit
system is proposed in the event a traffic signal is warranted in the future. Storm sewer and best
management practices (BMP’s) will also be included where necessary to facilitate and treat surface
water.
There are some mature trees along the corridor and staff has received a petition from the adjacent
property owners requesting that the trees be saved. The plans were revised to move the trail directly
behind the curb and/or add a retaining wall that may allow the trees to remain. Some of the trees may
need to be trimmed and others may need to be removed if, for example, the root system is significantly
impacted during construction. These decisions will be made on a case by case basis while construction
is ongoing but every effort will be made to save as many trees as possible.
Page 1
Road closures will be necessary during construction. The roadway will need to be closed for the entire
construction season at the CP Railway due to the construction of the bridge. The construction phasing
for the 2015 Vicksburg project had either the north or south section of the roadway open to traffic
during construction. This could result in traffic diversion through the project and the adjacent
neighborhoods. As a result, staff is proposing to close Vicksburg Lane between Schmidt Lake Road and
County Road 47. Vicksburg Lane north of County Road 47, including the intersection, will be constructed
under traffic.
Access will be maintained at all times for properties with driveways directly on Vicksburg Lane. Most of
the neighborhoods adjacent to Vicksburg Lane have an alternate ingress and egress while the roadway is
closed. The one exception is the Wood Crest neighborhood to the east of Vicksburg Lane on 57th
Avenue. Consequently, the 57th Avenue intersection will be constructed under traffic to allow property
owners to maintain access at all times. Additionally, the 55th Avenue intersection will be constructed
under traffic to accommodate traffic needs to the adjacent neighborhoods.
Approximately 100 feet north of the CP Railway is a driveway that serves three properties with direct
access onto Vicksburg Lane. Due to the close proximity of the new bridge, the access to Vicksburg Lane
will be eliminated. One of the properties is owned by GWS Land Development and they have worked
with City staff to allow a driveway to be constructed on their property to the neighborhood to the north.
Once the project begins in 2016 the three properties will access their properties from Shenandoah Lane
in Taylor Creek 3rd Addition.
On January 21, 2016, bids were publically opened for this project. A total of six bids were received at
the following prices:
Contractor Total Bid
Eureka Construction $11,880,322.60
Landwehr $12,494,232.95
Park Construction $12,796,852.47
CS McCrossan $12,837,691.80
Meyer Contracting $12,841,426.14
Duininck $13,883,211.80
Engineers Estimate $14,667,093.50
The attached bid tabulation has a summary of the six bids received. The low bid is approximately 19%
below the engineer’s estimate. Staff believes it is a reasonable and competitive bid and have reviewed
the information submitted by Eureka Construction to comply with the bidder qualification criteria policy,
and finds the information acceptable. This company has worked recently in Plymouth as a general
contractor on Fernbrook Lane Street Improvement Project in 2007. Eureka Construction has also
completed similar projects for the cities of Albertville and Chanhassen and counties of Washington and
Dakota. Staff feels that Eureka Construction is capable of constructing this project in accordance with
the approved plans and specifications.
The contractor anticipates beginning in April 2016, although this may change depending upon the
weather. The substantial completion date, which is when the roadway would be open to traffic, is
estimated to be October 31, 2016 and the final completion is in June 2017.
The agreement with Xcel Energy is to bury their power lines along the corridor. The 2015 Vicksburg
Lane Reconstruction Project between Old Rockford Road and Schmidt Lake Road included private
utilities being buried since many of the existing utility poles were in conflict with the proposed
Page 2
improvements. Just like the 2015 project, many of the existing utility poles would need to be relocated
as part of the 2016 project. Staff has had meetings with the utility owners to discuss the relocation
process and the potential to bury their facilities. If they were to be relocated and remained overhead
they would be located approximately 10 to 15 feet behind their current location, which would impact a
significant number of trees. Based on estimates from Xcel Energy, burying the power lines will cost
467,261 more than the cost to relocate the poles and line. Xcel requires 50% of the payment before
they will begin work.
The agreement with the State of Minnesota is required for the City to receive the $4.7 Million that was
included in the state bonding bill. One of the requirements from the state was that the City had clear
ownership of the bridge crossing CP Railway. This agreement requires a separate approving resolution.
As a result of the state agreement, an easement agreement between the CP Railway and the City was
required. The cost of this easement is $10,000. Included in the easement agreement is higher insurance
requirements than what was included in the project bidding documents which will result a change order
with Eureka Contracting. The change order will be negotiated and be presented to the Council at a
future meeting. Lastly, the agreement with CP Railway, which was approved by the Council on
December 8, 2015, needs to be revised at the state’s request to meet their bonding requirements.
3.BUDGET IMPACT:
The Vicksburg Lane improvements from Schmidt Lake Road to Maple Grove border are identified in the
City’s 2016 – 2020 CIP for construction in 2016 with an estimated cost of $15.9 million. Funding was
proposed to be from Street Reconstruction Bonds ($8.875 M), State Aid Bonds ($5.025 M), Street
Replacement Fund ($1.0 M) and Park Dedication Fund ($1.6 M). Since the initial funding was identified,
the 2015 State bonding bill now includes $4.7 million for the construction of the bridge over the railroad
and CP Railway will now contribute $250,000 to the construction of the bridge. The remaining funding
will come from the Park Dedication Fund ($1.68 M) and the Street Reconstruction Fund ($9.72 M).
Below is a summary of the estimated project costs:
Construction, based on low bid $11.9 M
Engineering $1.4 M
Burying power lines $0.5 M
ROW/Property acquisition $1.35 M
Administration/Contingencies $1.2 M
TOTAL PROJECT COST $16.35 M
4.ATTACHMENTS:
Project Funding Spreadsheet
Project Location Map
Bid Tabulation
Agreement with Xcel Energy
Agreement with State of Minnesota
Agreements with CP Railway
Resolutions
Page 3
Project Cost Cost Project Funding Amount Status
Construction 11,900,000$ State Funds 4,700,000$
2015 State Bonding Bill - Chapter 5 - Article 1 - Section 10 -
Subd. 5
Engineering 1,400,000$ CP Railway 250,000$ Agreement - Dec 8th Council resolution 2015-359
Burying power lines 500,000$ Local Funds - Street Reconstruction Fund 9,720,000$ Cash available in unrestricted fund - designated
ROW/property acquisition 1,350,000$ Local Funds - Park Dedication Fund 1,680,000$ Cash available in unrestricted fund - designated
Administration/Contingencies 1,200,000$
TOTAL ESTIMATED COST:16,350,000$ TOTAL FUNDING:16,350,000$
4,700,000
State Bonding Bill - Chapter 5 - Article 1 - Section 10 - Subd. 5 Updated 2-18-2016
For a grant to the city of Plymouth, to construct a highway-rail grade separation of the
Canadian Pacific railroad crossing and Vicksburg Lane, associated retaining wall, and grading
of the embankments, all in the city of Plymouth. This appropriation is not available until the
commissioner of management and budget determines that an amount sufficient to complete
the project is committed from nonstate sources.
Vicksburg Lane and Reconstruction Project
Plymouth - Highway-Rail Grade Separations
Page 4
THISREPRESENTSACOMPILATION OFINFORMATIONANDDATAFROM CITY, COUNTY, STATE ANDOTHER SOURCESTHAT HASNOT BEENFIELD VERIFIED. INFORMATION
SHOULDBEFIELD VERIFIED AND COMPARED IWTHORIGINALSOURCEDOCUMENTS.
Page 5
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Mn/DOT Agreement No. 1002240
LOCAL ROAD REPLACEMENT PROGRAM (LRIP)
GRANT AGREEMENT
This Agreement between the Minnesota Department of Transportation (“MnDOT”) and
the Grantee named below is made pursuant to Minnesota Statutes Section 174.50 and pursuant to
Minn. Laws 2015 Chapter 5-H.F. No. 2 Sec. 10 Subd. 5. The provisions in that section and the
Exhibits attached hereto and incorporated by reference constitute this Agreement and the persons
signing below agree to fully comply with all of the requirements of this Agreement. This
Agreement will be effective on the date State obtains all required signatures under Minnesota
Statutes §16C.05, subdivision 2.
1. Public Entity (Grantee) name, address and contact person:
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
Contact: Doran Cote, Public Works Director
2. Project(s):
Name of Project
See Exhibit C for
location)
Amount of
LRIP Funds
Amount of Required
Matching Funds Completion Date
Vicksburg Lane
SAP 155-156-018
4,700,000 $11,650,000 June 1, 2017
3. Total Amount of LRIP Grant for all projects under this Agreement: $4,700,000
4. The following Exhibits for each project are attached and incorporated by reference as part
of this Agreement:
Exhibit A Completed Sources and Uses of Funds Schedule
Exhibit B Project Completion Schedule
Exhibit C Bond Financed Property Certification
Exhibit D Grant Application
Exhibit E Grantee Resolution Approving Grant Agreement
Exhibit F General Terms and Conditions
Exhibit G Jobs Reporting
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Mn/DOT Agreement No. 1002240
2
5. Additional requirements, if any:
Minnesota Report on Jobs Requirements
Pursuant to Minnesota Statute 16A.633, Subdivision 4 (MN Laws of 2012 Chapter 293,
Section 28), the Grantee shall collect, maintain and, upon completion of the Project,
provide the information indicated in Exhibit G of the Grant Agreement, to the
Commissioner. The information must include, but is not limited to, the following: the
number and types of jobs created by the Project, whether the jobs are new or retained,
where the jobs are located and the pay ranges of the jobs.
6. Any modification of this Agreement must be in writing and signed by both parties.
The remaining portion of this page was intentionally left blank.)
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Mn/DOT Agreement No. 1002240
PUBLIC ENTITY (GRANTEE)
By:
Title: Mayor
Date:______________________________
By:
Title: City Manager
Date:______________________________
DEPARTMENT OF TRANSPORTATION
By:
Title: State Aid Program Engineer
Date:
OFFICE OF CONTRACT MANAGEMENT
By: _________________________________
Contract Administrator
Date:_________________________________
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Mn/DOT Agreement No. 1002240
3
EXHIBIT A
SOURCES AND USES OF FUNDS SCHEDULE
SOURCES OF FUNDS USES OF FUNDS
Entity Supplying
Funds
Amount Expenses Amount
State Funds: Items Paid for with
LRIP
LRIP Grant $4,700,000 Grant Funds:
Bridge over CP Rail
Other: -Construction $4,700,000
Subtotal $4,700,000 Subtotal $4,700,000
Public Entity Funds: Items paid for with
Non-
Matching Funds $11,400,000 LRIP Grant Funds:
Construction $7,200,000
Other: Engineering $1,400,000
CP Railway $250,000 ROW $1,350,000
Bury Power Lines $500,000
Admin/Contin. $1,200,000
Subtotal $11,650,000 Subtotal $11,650,000
TOTAL FUNDS $16,350,000 = TOTAL PROJECT
COSTS
16,350,000
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Mn/DOT Agreement No. 1002240
4
EXHIBIT B
PROJECT COMPLETION SCHEDULE
Bid Opening January 21, 2016
Award Contract February 23, 2016
Begin Construction March, 2016
Substantial Completion October 31, 2016
Final Completion June 1, 2017
Project Completion Date June 1, 2018
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Mn/DOT Agreement No. 1002240
5
EXHIBIT C
BOND FINANCED PROPERTY CERTIFICATION
State of Minnesota
General Obligation Bond Financed Property
The undersigned states that it has a fee simple, leasehold and/or easement interest in the
real property located in the County of Hennepin, State of Minnesota that is generally described
or illustrated graphically in Attachment 1 attached hereto and all improvements thereon (the
Restricted Property”) and acknowledges that the Restricted Property is or may become State
bond-financed property. To the extent that the Restricted Property is or becomes State bond-
financed property, the undersigned acknowledges that:
A. The Restricted Property is State bond-financed property under Minn. Stat.
Sec. 16A.695, is subject to the requirements imposed by that statute, and
cannot be sold, mortgaged, encumbered or otherwise disposed of without the
approval of the Commissioner of Minnesota Management and Budget; and
B. The Restricted Property is subject to the provisions of the Local Road
Replacement Program Grant Agreement between the Minnesota Department
of Transportation and the undersigned dated ________________, 20___; and
C. The Restricted Property shall continue to be deemed State bond-financed
property for 37.5 years or until the Restricted Property is sold with the written
approval of the Commissioner of Minnesota Management and Budget.
Date: February 23, 2016
City of Plymouth, a political subdivision of the
State of Minnesota
By: ________________________________
Name: Kelli Slavik
Title: Mayor
By: ________________________________
Name: Dave Callister
Title: City Manager
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Mn/DOT Agreement No. 1002240
Attachment 1 to Exhibit C
GENERAL DESCRIPTION OF RESTRICTED PROPERTY
Insert a narrative or graphic description of the Restricted Property for each project. Label each
project to correspond with the project as listed in Exhibit A; e.g., C-1, C-2, etc. It need not be a
legal description if a legal description is unavailable.)
Vicksburg Lane Project, SAP 155-156-018
The LRIP funds will pay for the construction of an 89’ 4” wide bridge on Vicksburg Lane over
the CP Railway, including embankment from approximately station 61+50 to 78+50 on the
approved construction plan, relocation of a 20” watermain and installation of a cast-in-place
retaining wall.
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Mn/DOT Agreement No. 1002240
3
EXHIBIT D
GRANT APPLICATION
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Mn/DOT Agreement No. 1002240
4
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Mn/DOT Agreement No. 1002240
5
EXHIBIT E
GRANTEE RESOLUTION APPROVING GRANT AGREEMENT
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Mn/DOT Agreement No. 1002240
6
EXHIBIT F
GENERAL TERMS AND CONDITIONS FOR
LOCAL ROAD REPLACEMENT PROGRAM (LRIP) GRANTS
Applicable to each project.)
Article I
DEFINITIONS
Section 1.01 Defined Terms. The following terms shall have the meanings set out respectively
after each such term (the meanings to be equally applicable to both the singular and plural forms of the
terms defined) unless the context specifically indicates otherwise:
Advance(s)” - means an advance made or to be made by MnDOT to the Public Entity and
disbursed in accordance with the provisions contained in Article VI hereof.
Agreement” - means the Local Road Replacement Program Grant Agreement between the Public
Entity and the Minnesota Department of Transportation to which this Exhibit is attached.
Certification” - means the certification, in the form attached as Exhibit C, in which the Public
Entity acknowledges that its interest in the Real Property is bond financed property within the meaning of
Minn. Stat. Sec. 16A.695 and is subject to certain restrictions imposed thereby.
Code” - means the Internal Revenue Code of 1986, as amended, and all treasury regulations,
revenue procedures and revenue rulings issued pursuant thereto.
Commissioner” - means the Commissioner of Minnesota Management & Budget.
Commissioner’s Order” - means the “Fourth Order Amending Order of the Commissioner of
Minnesota Management & Budget Relating to Use and Sale of State Bond Financed Property” dated July
30, 2012, as it may be amended or supplemented.
Completion Date” - means the projected date for completion of the Project as indicated in the
Agreement.
Construction Contract Documents” - means the document or documents, in form and substance
acceptable to MnDOT, including but not limited to any construction plans and specifications and any
exhibits, amendments, change orders, modifications thereof or supplements thereto, which collectively
form the contract between the Public Entity and the Contractor(s) for the completion of the Construction
Items on or before the Completion Date for either a fixed price or a guaranteed maximum price.
Construction Items” - means the work to be performed under the Construction Contract
Documents.
Contractor” - means any person engaged to work on or to furnish materials and supplies for the
Construction Items including, if applicable, a general contractor.
Draw Requisition” - means a draw requisition that the Public Entity, or its designee, submits to
MnDOT when an Advance is requested, as referred to in Section 4.02.
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Mn/DOT Agreement No. 1002240
7
G.O. Bonds” - means the state general obligation bonds issued under the authority granted in
Article XI, Sec. 5(a) of the Minnesota Constitution, the proceeds of which are used to fund the LRIP
Grant, and any bonds issued to refund or replace such bonds.
Grant Application” - means the grant application that the Public Entity submitted to MnDOT
which is attached as Exhibit D.
LRIP Grant” - means a grant from MnDOT to the Public Entity under the LRIP in the amount
specified in the Agreement, as such amount may be modified under the provisions hereof.
LRIP” - means the Local Bridges Replacement Program pursuant to Minn. Stat. Sec. 174.50 and
rules relating thereto.
MnDOT” - means the Minnesota Department of Transportation.
Outstanding Balance of the LRIP Grant” - means the portion of the LRIP Grant that has been
disbursed to the Public Entity minus any amounts returned to the Commissioner.
Project” - means the Project identified in the Agreement to be totally or partially funded with a
LRIP grant.
Public Entity” - means the grantee of the LRIP Grant and identified as the Public Entity in the
Agreement.
Real Property” - means the real property identified in the Agreement on which the Project is
located.
Article II
GRANT
Section 2.01 Grant of Monies. MnDOT shall make the LRIP Grant to the Public Entity, and
disburse the proceeds in accordance with the terms and conditions herein.
Section 2.02 Public Ownership. The Public Entity acknowledges and agrees that the LRIP Grant
is being funded with the proceeds of G.O. Bonds, and as a result all of the Real Property must be owned
by one or more public entities. The Public Entity represents and warrants to MnDOT that it has one or
more of the following ownership interests in the Real Property: (i) fee simple ownership, (ii) an easement
that is for a term that extends beyond the date that is 37.5 years from the Agreement effective date, or
such shorter term as authorized by statute, and which cannot be modified or terminated early without the
prior written consent of MnDOT and the Commissioner; and/or (iii) a prescriptive easement for a term
that extends beyond the date that is 37.5 years from the Agreement effective date.
Section 2.03 Use of Grant Proceeds. The Public Entity shall use the LRIP Grant solely to
reimburse itself for expenditures it has already made, or will make, to pay the costs of one or more of the
following activities: (i) constructing or reconstructing a bridge, (ii) preliminary engineering and
environmental studies authorized under Minn. Stat. Sec. 174.50, subdiv. 6a, (iii) abandoning an existing
bridge that is deficient and in need of replacement, but where no replacement will be made, or (iv)
constructing a road to facilitate the abandonment or removal of an existing bridge determined to be
deficient. The Public Entity shall not use the LRIP Grant for any other purpose, including but not limited
to, any work to be done on a state trunk highway or within a trunk highway easement.
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Mn/DOT Agreement No. 1002240
8
Section 2.04 Operation of the Real Property. The Real Property must be used by the Public
Entity in conjunction with or for the operation of a county highway, county state-aid highway, town road,
or city street and for other uses customarily associated therewith, such as trails and utility corridors, and
for no other purposes or uses. The Public Entity shall have no intention on the effective date of the
Agreement to use the Real Property as a trunk highway or any part of a trunk highway. The Public Entity
must annually determine that the Real Property is being used for the purposes specified in this Section
and, upon written request by either MnDOT or the Commissioner, shall supply a notarized statement to
that effect.
Section 2.05 Sale or Lease of Real Property. The Public Entity shall not (i) sell or transfer any
part of its ownership interest in the Real Property, or (ii) lease out or enter into any contract that would
allow another entity to use or operate the Real Property without the written consent of both MnDOT and
the Commissioner. The sale or transfer of any part of the Public Entity’s ownership interest in the Real
Property, or any lease or contract that would allow another entity to use or operate the Real Property,
must comply with the requirements imposed by Minn. Stat. Sec. 16A.695 and the Commissioner’s Order
regarding such sale or lease.
Section 2.06 Public Entity’s Representations and Warranties. The Public Entity represents and
warrants to MnDOT that:
A. It has legal authority to execute, deliver and perform the Agreement and all documents
referred to therein, and it has taken all actions necessary to its execution and delivery of such
documents.
B. It has the ability and a plan to fund the operation of the Real Property for the purposes
specified in Section 2.04, and will include in its annual budget all funds necessary for the
operation of the Real Property for such purposes.
C. The Agreement and all other documents referred to therein are the legal, valid and binding
obligations of the Public Entity enforceable against the Public Entity in accordance with their
respective terms.
D. It will comply with all of the provisions of Minn. Stat. Sec. 16A.695, the Commissioner’s
Order and the LRIP. It has legal authority to use the G.O. Grant for the purpose or purposes
described in this agreement.
E. All of the information it has submitted or will submit to MnDOT or the Commissioner
relating to the LRIP Grant or the disbursement of the LRIP Grant is and will be true and
correct.
F. It is not in violation of any provisions of its charter or of the laws of the State of Minnesota,
and there are no actions or proceedings pending, or to its knowledge threatened, before any
judicial body or governmental authority against or affecting it relating to the Real Property, or
its ownership interest therein, and it is not in default with respect to any order, writ,
injunction, decree, or demand of any court or any governmental authority which would
impair its ability to enter into the Agreement or any document referred to herein, or to
perform any of the acts required of it in such documents.
G. Neither the execution and delivery of the Agreement or any document referred to herein nor
compliance with any of the provisions or requirements of any of such documents is prevented
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Mn/DOT Agreement No. 1002240
9
by, is a breach of, or will result in a breach of, any provision of any agreement or document
to which it is now a party or by which it is bound.
H. The contemplated use of the Real Property will not violate any applicable zoning or use
statute, ordinance, building code, rule or regulation, or any covenant or agreement of record
relating thereto.
I. The Project will be completed and the Real Property will be operated in full compliance with
all applicable laws, rules, ordinances, and regulations of any federal, state, or local political
subdivision having jurisdiction over the Project and the Real Property.
J. All applicable licenses, permits and bonds required for the performance and completion of
the Project and for the operation of the Real Property as specified in Section 2.04 have been,
or will be, obtained.
K. It reasonably expects to possess its ownership interest in the Real Property described in
Section 2.02 for at least 37.5 years, and it does not expect to sell such ownership interest.
L. It does not expect to lease out or enter into any contract that would allow another entity to use
or operate the Real Property.
M. It will supply whatever funds are needed in addition to the LRIP Grant to complete and fully
pay for the Project.
N. The Construction Items will be completed substantially in accordance with the Construction
Contract Documents by the Completion Date and all such items will be situated entirely on
the Real Property.
O. It will require the Contractor or Contractors to comply with all rules, regulations, ordinances,
and laws bearing on its performance under the Construction Contract Documents.
P. It shall furnish such satisfactory evidence regarding the representations and warranties
described herein as may be required and requested by either MnDOT or the Commissioner.
Q. It has made no material false statement or misstatement of fact in connection with its receipt
of the G.O. Grant, and all the information it has submitted or will submit to the State Entity or
Commissioner of MMB relating to the G.O. Grant or the disbursement of any of the G.O.
Grant is and will be true and correct.
Section 2.07 Event(s) of Default. The following events shall, unless waived in writing by
MnDOT and the Commissioner, constitute an Event of Default under the Agreement upon either MnDOT
or the Commissioner giving the Public Entity 30 days’ written notice of such event and the Public
Entity’s failure to cure such event during such 30-day time period for those Events of Default that can be
cured within 30 days or within whatever time period is needed to cure those Events of Default that cannot
be cured within 30 days as long as the Public Entity is using its best efforts to cure and is making
reasonable progress in curing such Events of Default; however, in no event shall the time period to cure
any Event of Default exceed six (6) months unless otherwise consented to, in writing, by MnDOT and the
Commissioner.
A. If any representation, covenant, or warranty made by the Public Entity herein or in any other
document furnished pursuant to the Agreement, or to induce MnDOT to disburse the LRIP
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Grant, shall prove to have been untrue or incorrect in any material respect or materially
misleading as of the time such representation, covenant, or warranty was made.
B. If the Public Entity fails to fully comply with any provision, covenant, or warranty contained
herein.
C. If the Public Entity fails to fully comply with any provision, covenant or warranty contained
in Minn. Stat. Sec. 16A.695, the Commissioner’s Order, or Minn. Stat. Sec. 174.50 and all
rules related thereto.
D. If the Public Entity fails to use the proceeds of the LRIP Grant for the purposes set forth in
Section 2.03, the Grant Application, and in accordance with the LRIP.
E. If the Public Entity fails to operate the Real Property for the purposes specified in Section
2.04.
F. If the Public Entity fails to complete the Project by the Completion Date.
G. If the Public Entity sells or transfers any portion of its ownership interest in the Real Property
without first obtaining the written consent of both MnDOT and the Commissioner.
H. If the Public Entity fails to provide any additional funds needed to fully pay for the Project.
I. If the Public Entity fails to supply the funds needed to operate the Real Property in the
manner specified in Section 2.04.
Notwithstanding the foregoing, any of the above events that cannot be cured shall, unless waived in
writing by MnDOT and the Commissioner, constitute an Event of Default under the Agreement
immediately upon either MnDOT or the Commissioner giving the Public Entity written notice of such
event.
Section 2.08 Remedies. Upon the occurrence of an Event of Default and at any time thereafter
until such Event of Default is cured to the satisfaction of MnDOT, MnDOT or the Commissioner may
enforce any or all of the following remedies.
A. MnDOT may refrain from disbursing the LRIP Grant; provided, however, MnDOT may
make such disbursements after the occurrence of an Event of Default without waiving its
rights and remedies hereunder.
B. If the Event of Default involves a sale of the Public Entity’s interest in the Real Property in
violation of Minn. Stat. Sec. 16A.695 or the Commissioner’s Order, the Commissioner, as a
third party beneficiary of the Agreement, may require that the Public Entity pay the amounts
that would have been paid if there had been compliance with such provisions. For other
Events of Default, the Commissioner may require that the Outstanding Balance of the LRIP
Grant be returned to it.
C. Either MnDOT or the Commissioner, as a third party beneficiary of the Agreement, may
enforce any additional remedies it may have in law or equity.
The rights and remedies specified herein are cumulative and not exclusive of any rights or remedies that
MnDOT or the Commissioner would otherwise possess.
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If the Public Entity does not repay the amounts required to be paid under this Section or under any other
provision contained herein within 30 days of demand by the Commissioner, or any amount ordered by a
court of competent jurisdiction within 30 days of entry of judgment against the Public Entity and in favor
of MnDOT and/or the Commissioner, then such amount may, unless precluded by law, be offset against
any aids or other monies that the Public Entity is entitled to receive from the State of Minnesota.
Section 2.09 Notification of Event of Default. The Public Entity shall furnish to MnDOT and the
Commissioner, as soon as possible and in any event within seven (7) days after it has obtained knowledge
of the occurrence of each Event of Default, a statement setting forth details of each Event of Default and
the action which the Public Entity proposes to take with respect thereto.
Section 2.10 Effect of Event of Default. The Agreement shall survive Events of Default and
remain in full force and effect, even upon full disbursement of the LRIP Grant, and shall only be
terminated under the circumstances set forth in Section 2.11.
Section 2.11 Termination of Agreement and Modification of LRIP Grant.
A. If the Project is not started within five (5) years after the effective date of the Agreement or
the LRIP Grant has not been disbursed within four (4) years after the date the Project was started,
MnDOT’s obligation to fund the LRIP Grant shall terminate. In such event, (i) if none of the LRIP Grant
has been disbursed by such date, MnDOT shall have no obligation to fund the LRIP Grant and the
Agreement will terminate, and (ii) if some but not all of the LRIP Grant has been disbursed by such date,
MnDOT shall have no further obligation to provide any additional funding for the LRIP Grant and the
Agreement shall remain in force but shall be modified to reflect the amount of the LRIP Grant that was
actually disbursed and the Public Entity is still obligated to complete the Project by the Completion Date.
B. The Agreement shall terminate upon the Public Entity’s sale of its interest in the Real
Property and transmittal of the required portion of the proceeds of the sale to the Commissioner in
compliance with Minn. Stat. Sec. 16A.695 and the Commissioner’s Order, or upon the termination of the
Public Entity’s ownership interest in the Real Property if such ownership interest is an easement.
Section 2.12 Excess Funds. If the full amount of the G.O. Grant and any matching funds referred
to in Section 5.13 are not needed to complete the Project, then, unless language in the G.O. Bonding
Legislation indicates otherwise, the G.O. Grant shall be reduced by the amount not needed.
Article III
COMPLIANCE WITH MINN. STAT. SEC. 16A.695
AND THE COMMISSIONER’S ORDER
Section 3.01 State Bond Financed Property. The Public Entity acknowledges that its interest in
the Real Property is, or when acquired by it will be, “state bond financed property”, as such term is used
in Minn. Stat. Sec. 16A.695 and the Commissioner’s Order and, therefore, the provisions contained in
such statute and order apply, or will apply, to its interest in the Real Property, even if the LRIP Grant will
only pay for a portion of the Project.
Section 3.02 Preservation of Tax Exempt Status. In order to preserve the tax-exempt status of
the G.O. Bonds, the Public Entity agrees as follows:
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A. It will not use the Real Property or use or invest the LRIP Grant or any other sums treated as
bond proceeds” under Section 148 of the Code (including “investment proceeds,” “invested
sinking funds” and “replacement proceeds”) in such a manner as to cause the G.O. Bonds to
be classified as “arbitrage bonds” under Code Section 148.
B. It will deposit and hold the LRIP Grant in a segregated non-interest-bearing account until
such funds are used for payments for the Project.
C. It will, upon written request, provide the Commissioner all information required to satisfy the
informational requirements set forth in the Code, including Sections 103 and 148, with
respect to the G.O. Bonds.
D. It will, upon the occurrence of any act or omission by the Public Entity that could cause the
interest on the G.O. Bonds to no longer be tax exempt and upon direction from the
Commissioner, take such actions and furnish such documents as the Commissioner
determines to be necessary to ensure that the interest to be paid on the G.O. Bonds is exempt
from federal taxation, which such action may include: (i) compliance with proceedings
intended to classify the G.O. Bonds as a “qualified bond” within the meaning of Code Section
141(e), or (ii) changing the nature of the use of the Real Property so that none of the net
proceeds of the G.O. Bonds will be deemed to be used, directly or indirectly, in an “unrelated
trade or business” or for any “private business use” within the meaning of Code Sections
141(b) and 145(a).
E. It will not otherwise use any of the LRIP Grant or take, permit or cause to be taken, or omit to
take, any action that would adversely affect the exemption from federal income taxation of
the interest on the G.O. Bonds, and if it should take, permit or cause to be taken, or omit to
take, as appropriate, any such action, it shall take all lawful actions necessary to correct such
actions or omissions promptly upon obtaining knowledge thereof.
Section 3.03 Changes to G.O. Compliance Legislation or the Commissioner’s Order. If Minn.
Stat. Sec. 16A.695 or the Commissioner’s Order is amended in a manner that reduces any requirement
imposed against the Public Entity, or if the Public Entity’s interest in the Real Property becomes
exempted from Minn. Stat. Sec. 16A.695 and the Commissioner’s Order, then upon written request by the
Public Entity, MnDOT shall execute an amendment to the Agreement to implement such amendment or
exempt the Public Entity’s interest in the Real Property from Minn. Stat. Sec. 16A.695 and the
Commissioner’s Order.
Article IV
DISBURSEMENT OF GRANT PROCEEDS
Section 4.01 The Advances. MnDOT agrees, on the terms and subject to the conditions set forth
herein, to make Advances of the LRIP Grant to the Public Entity from time to time in an aggregate total
amount not to exceed the amount of the LRIP Grant. If the amount of LRIP Grant that MnDOT
cumulatively disburses hereunder to the Public Entity is less than the amount of the LRIP Grant
delineated in Section 1.01, then MnDOT and the Public Entity shall enter into and execute whatever
documents MnDOT may request in order to amend or modify this Agreement to reduce the amount of the
LRIP Grant to the amount actually disbursed. Provided, however, in accordance with the provisions
contained in Section 2.11, MnDOT’s obligation to make Advances shall terminate as of the dates
specified in Section 2.11 even if the entire LRIP Grant has not been disbursed by such dates.
Advances shall only be for expenses that (i) are for those items of a capital nature delineated in
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Source and Use of Funds that is attached as Exhibit A, (ii) accrued no earlier than the effective date of
the legislation that appropriated the funds that are used to fund the LRIP Grant, or (iii) have otherwise
been consented to, in writing, by the Commissioner.
It is the intent of the parties hereto that the rate of disbursement of the Advances shall not exceed the rate
of completion of the Project or the rate of disbursement of the matching funds required, if any, under
Section 5.13. Therefore, the cumulative amount of all Advances disbursed by the State Entity at any
point in time shall not exceed the portion of the Project that has been completed and the percentage of the
matching funds required, if any, under Section 5.13 that have been disbursed as of such point in time.
This requirement is expressed by way of the following two formulas:
Formula #1:
Cumulative Advances < (Program Grant) × (percentage of matching funds, if any, required under Section
5.13 that have been disbursed) Formula #
2: Cumulative
Advances < (Program Grant) × (percentage of Project completed) Section 4.
02 Draw Requisitions. Whenever the Public Entity desires a disbursement of a portion of the
LRIP Grant the Public Entity shall submit to MnDOT a Draw Requisition duly executed on behalf of the
Public Entity or its designee. Each Draw Requisition with respect to construction items shall be limited to
amounts equal to: (i) the total value of the classes of the work by percentage of completion as approved by
the Public Entity and MnDOT, plus (ii) the value of materials and equipment not incorporated in
the Project but delivered and suitably stored on or off the Real Property in a manner acceptable to
MnDOT, less (iii) any applicable retainage, and less (iv) all prior Advances. Notwithstanding anything
herein to the contrary, no Advances for materials stored on or off the Real Property
will be made by MnDOT unless the Public Entity shall advise MnDOT, in writing, of its intention to
so store materials prior to their delivery and MnDOT has not objected thereto. At the
time of submission of each Draw Requisition, other than the final Draw Requisition, the Public Entity
shall submit to MnDOT such supporting evidence as may be requested by MnDOT to substantiate all
payments which are to be made out of the relevant Draw Requisition or to substantiate all payments then
made with respect to the Project. The final
Draw Requisition shall not be submitted before completion of the Project, including any correction of
material defects in workmanship or materials (other than the completion of punch list items). At
the time of submission of the final Draw Requisition the Public Entity shall submit to MnDOT: i) such
supporting evidence as may be requested by MnDOT to substantiate all payments which are to be made out
of the final Draw Requisition or to substantiate all payments then made with respect to the Project, and (
ii) satisfactory evidence that all work requiring inspection by municipal or other governmental authorities
having jurisdiction has been duly inspected and approved by such authorities and that
all requisite certificates and other approvals have been issued. If on
the date an Advance is desired the Public Entity has complied with all requirements of this Agreement and
MnDOT approves the relevant Draw Requisition, then MnDOT shall disburse the amount of the
requested Advance to the Public Entity. Section 4.
03 Additional Funds. If MnDOT shall at any time in good faith determine that the sum of the
undisbursed amount of the LRIP Grant plus the amount of all other funds committed to the Project is less
than the amount required to pay all costs and expenses of any kind which reasonably may be Page 32
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anticipated in connection with the Project, then MnDOT may send written notice thereof to the Public
Entity specifying the amount which must be supplied in order to provide sufficient funds to complete the
Project. The Public Entity agrees that it will, within 10 calendar days of receipt of any such notice,
supply or have some other entity supply the amount of funds specified in MnDOT's notice.
Section 4.04 Condition Precedent to Any Advance. The obligation of MnDOT to make any
Advance hereunder (including the initial Advance) shall be subject to the following conditions precedent:
A. MnDOT shall have received a Draw Requisition for such Advance specifying the amount of
funds being requested, which such amount when added to all prior requests for an Advance
shall not exceed the amount of the LRIP Grant set forth in Section 1.01.
B. No Event of Default under this Agreement or event which would constitute an Event of
Default but for the requirement that notice be given or that a period of grace or time elapse
shall have occurred and be continuing.
C. No determination shall have been made by MnDOT that the amount of funds committed to
the Project is less than the amount required to pay all costs and expenses of any kind that
may reasonably be anticipated in connection with the Project, or if such a determination has
been made and notice thereof sent to the Public Entity under Section 4.03, then the Public
Entity has supplied, or has caused some other entity to supply, the necessary funds in
accordance with such section or has provided evidence acceptable to MnDOT that sufficient
funds are available.
D. The State Entity shall have received evidence, in form and substance acceptable to the State
Entity, that the Public Entity has sufficient funds to fully and completely pay for the Project
and all other expenses that may occur in conjunction therewith.
E. The Public Entity has supplied to the State Entity all other items that the State Entity may
reasonably require
Section 4.05 Processing and Disbursement of Advances. The Public Entity acknowledges and
agrees as follows:
A. Advances are not made prior to completion of work performed on the Project.
B. All Advances are processed on a reimbursement basis.
C. The Public Entity must first document expenditures to obtain an Advance.
D. Reimbursement requests are made on a partial payment basis or when the Project is
completed.
E. All payments are made following the “Delegated Contract Process or State Aid Payment
Request” as requested and approved by the appropriate district state aid engineer.
Section 4.06 Construction Inspections. The Public Entity shall be responsible for making its
own inspections and observations regarding the completion of the Project, and shall determine to its own
satisfaction that all work done or materials supplied have been properly done or supplied in accordance
with all contracts that the Public Entity has entered into regarding the completion of the Project.
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Article V
MISCELLANEOUS
Section 5.01 Insurance. If the Public Entity elects to maintain general comprehensive liability
insurance regarding the Real Property, then the Public Entity shall have MnDOT named as an additional
named insured therein.
Section 5.02 Condemnation. If, after the Public Entity has acquired the ownership interest set
forth in Section 2.02, all or any portion of the Real Property is condemned to an extent that the Public
Entity can no longer comply with Section 2.04, then the Public Entity shall, at its sole option, either: (i)
use the condemnation proceeds to acquire an interest in additional real property needed for the Public
Entity to continue to comply with Section 2.04 and to provide whatever additional funds that may be
needed for such purposes, or (ii) submit a request to MnDOT and the Commissioner to allow it to sell the
remaining portion of its interest in the Real Property. Any condemnation proceeds which are not used to
acquire an interest in additional real property shall be applied in accordance with Minn. Stat. Sec.
16A.695 and the Commissioner’s Order as if the Public Entity’s interest in the Real Property had been
sold. If the Public Entity elects to sell its interest in the portion of the Real Property that remains after the
condemnation, such sale must occur within a reasonable time period after the date the condemnation
occurred and the cumulative sum of the condemnation and sale proceeds applied in accordance with
Minn. Stat. Sec. 16A.695 and the Commissioner’s Order.
If MnDOT receives any condemnation proceeds referred to herein, MnDOT agrees to or pay over to the
Public Entity all of such condemnation proceeds so that the Public Entity can comply with the
requirements of this Section.
Section 5.03 Use, Maintenance, Repair and Alterations. The Public Entity shall not, without the
written consent of MnDOT and the Commissioner, (i) permit or allow the use of any of the Real Property
for any purpose other than the purposes specified in Section 2.04, (ii) substantially alter any of the Real
Property except such alterations as may be required by laws, ordinances or regulations, or such other
alterations as may improve the Real Property by increasing its value or which improve its ability to be
used for the purposes set forth in Section 2.04, (iii) take any action which would unduly impair or
depreciate the value of the Real Property, (iv) abandon the Real Property, or (v) commit or permit any act
to be done in or on the Real Property in violation of any law, ordinance or regulation.
If the Public Entity fails to maintain the Real Property in accordance with this Section, MnDOT may
perform whatever acts and expend whatever funds necessary to so maintain the Real Property, and the
Public Entity irrevocably authorizes MnDOT to enter upon the Real Property to perform such acts as may
be necessary to so maintain the Real Property. Any actions taken or funds expended by MnDOT shall be
at its sole discretion, and nothing contained herein shall require MnDOT to take any action or incur any
expense and MnDOT shall not be responsible, or liable to the Public Entity or any other entity, for any
such acts that are performed in good faith and not in a negligent manner. Any funds expended by
MnDOT pursuant to this Section shall be due and payable on demand by MnDOT and will bear interest
from the date of payment by MnDOT at a rate equal to the lesser of the maximum interest rate allowed by
law or 18% per year based upon a 365-day year.
Section 5.04 Recordkeeping and Reporting. The Public Entity shall maintain books and records
pertaining to Project costs and expenses needed to comply with the requirements contained herein, Minn.
Stat. Sec. 16A.695, the Commissioner’s Order, and Minn. Stat. Sec. 174.50 and all rules related thereto,
and upon request shall allow MnDOT, its auditors, the Legislative Auditor for the State of Minnesota, or
the State Auditor for the State of Minnesota, to inspect, audit, copy, or abstract all of such items. The
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Public Entity shall use generally accepted accounting principles in the maintenance of such items, and
shall retain all of such books and records for a period of six years after the date that the Project is fully
completed and placed into operation.
Section 5.05 Inspections by MnDOT. The Public Entity shall allow MnDOT to inspect the Real
Property upon reasonable request by MnDOT and without interfering with the normal use of the Real
Property.
Section 5.06 Liability. The Public Entity and MnDOT agree that each will be responsible for its
own acts and the results thereof to the extent authorized by law, and neither shall be responsible for the
acts of the other party and the results thereof. The liability of MnDOT and the Commissioner is governed
by the provisions of Minn. Stat. Sec. 3.736. If the Public Entity is a “municipality” as that term is used in
Minn. Stat. Chapter 466, then the liability of the Public Entity is governed by the provisions of Chapter
466. The Public Entity’s liability hereunder shall not be limited to the extent of insurance carried by or
provided by the Public Entity, or subject to any exclusion from coverage in any insurance policy.
Section 5.07 Relationship of the Parties. Nothing contained in the Agreement is to be construed
as establishing a relationship of co-partners or joint venture among the Public Entity, MnDOT, or the
Commissioner, nor shall the Public Entity be considered to be an agent, representative, or employee of
MnDOT, the Commissioner, or the State of Minnesota in the performance of the Agreement or the
Project.
No employee of the Public Entity or other person engaging in the performance of the Agreement or the
Project shall be deemed have any contractual relationship with MnDOT, the Commissioner, or the State
of Minnesota and shall not be considered an employee of any of those entities. Any claims that may arise
on behalf of said employees or other persons out of employment or alleged employment, including claims
under the Workers’ Compensation Act of the State of Minnesota, claims of discrimination against the
Public Entity or its officers, agents, contractors, or employees shall in no way be the responsibility of
MnDOT, the Commissioner, or the State of Minnesota. Such employees or other persons shall not
require nor be entitled to any compensation, rights or benefits of any kind whatsoever from MnDOT, the
Commissioner, or the State of Minnesota, including tenure rights, medical and hospital care, sick and
vacation leave, disability benefits, severance pay and retirement benefits.
Section 5.08 Notices. In addition to any notice required under applicable law to be given in
another manner, any notices required hereunder must be in writing and personally served or sent by
prepaid, registered, or certified mail (return receipt requested), to the address of the party specified below
or to such different address as may in the future be specified by a party by written notice to the others:
To the Public Entity: At the address indicated on the first page of the Agreement.
To MnDOT at: Minnesota Department of Transportation
Office of State Aid
395 John Ireland Blvd., MS 500
Saint Paul, MN 55155
Attention: Patti Loken, State Aid Programs Engineer
To the Commissioner at: Minnesota Management & Budget
400 Centennial Office Bldg.
658 Cedar St.
St. Paul, MN 55155
Attention: Commissioner
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Section 5.09 Assignment or Modification. Neither the Public Entity nor MnDOT may assign any
of its rights or obligations under the Agreement without the prior written consent of the other party.
Section 5.10 Waiver. Neither the failure by the Public Entity, MnDOT, or the Commissioner, as a
third party beneficiary of the Agreement, in one or more instances to insist upon the complete observance
or performance of any provision hereof, nor the failure of the Public Entity, MnDOT, or the
Commissioner to exercise any right or remedy conferred hereunder or afforded by law shall be construed
as waiving any breach of such provision or the right to exercise such right or remedy thereafter. In
addition, no delay by any of the Public Entity, MnDOT, or the Commissioner in exercising any right or
remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or
remedy preclude other or further exercise thereof or the exercise of any other right or remedy.
Section 5.11 Choice of Law and Venue. All matters relating to the validity, interpretation,
performance, or enforcement of the Agreement shall be determined in accordance with the laws of the
State of Minnesota. All legal actions arising from any provision of the Agreement shall be initiated and
venued in the State of Minnesota District Court located in St. Paul, Minnesota.
Section 5.12 Severability. If any provision of the Agreement is finally judged by any court to be
invalid, then the remaining provisions shall remain in full force and effect and they shall be interpreted,
performed, and enforced as if the invalid provision did not appear herein.
Section 5.13 Matching Funds. Any matching funds as shown on Page 1 of the Grant Agreement
that are required to be obtained and supplied by the Public Entity must either be in the form of (i) cash
monies, (ii) legally binding commitments for money, or (iii) equivalent funds or contributions, including
equity, which have been or will be used to pay for the Project. The Public Entity shall supply to MnDOT
whatever documentation MnDOT may request to substantiate the availability and source of any matching
funds.
Section 5.14 Sources and Uses of Funds. The Public Entity represents to MnDOT and the
Commissioner that the Sources and Uses of Funds Schedule attached as Exhibit A accurately shows the
total cost of the Project and all of the funds that are available for the completion of the Project. The
Public Entity will supply any other information and documentation that MnDOT or the Commissioner
may request to support or explain any of the information contained in the Sources and Uses of Funds
Schedule. If any of the funds shown in the Sources and Uses of Funds Schedule have conditions
precedent to the release of such funds, the Public Entity must provide to MnDOT a detailed description of
such conditions and what is being done to satisfy such conditions.
Section 5.15 Project Completion Schedule. The Public Entity represents to MnDOT and the
Commissioner that the Project Completion Schedule attached as Exhibit B correctly and accurately sets
forth the projected schedule for the completion of the Project.
Section 5.16 Third-Party Beneficiary. The Governmental Program will benefit the State of Minnesota
and the provisions and requirements contained herein are for the benefit of both the State Entity and the
State of Minnesota. Therefore, the State of Minnesota, by and through its Commissioner of MMB, is and
shall be a third-party beneficiary of this Agreement.
Section 5.17 Public Entity Tasks. Any tasks that the Agreement imposes upon the Public Entity
may be performed by such other entity as the Public Entity may select or designate, provided that the
failure of such other entity to perform said tasks shall be deemed to be a failure to perform by the Public
Entity.
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Section 5.18 Data Practices. The Public Entity agrees with respect to any data that it possesses
regarding the G.O. Grant or the Project to comply with all of the provisions and restrictions contained in
the Minnesota Government Data Practices Act contained in Minnesota Statutes Chapter 13, as such may
subsequently be amended or replaced from time to time.
Section 5.19 Non-Discrimination. The Public Entity agrees to not engage in discriminatory
employment practices regarding the Project and it shall fully comply with all of the provisions contained
in Minnesota Statutes Chapters 363A and 181, as such may subsequently be amended or replaced from
time to time.
Section 5.20 Worker’s Compensation. The Public Entity agrees to comply with all of the
provisions relating to worker’s compensation contained in Minn. Stat. Secs. 176.181 subd. 2 and 176.182,
as they may be amended or replaced from time to time with respect to the Project.
Section 5.21 Antitrust Claims. The Public Entity hereby assigns to MnDOT and the
Commissioner of MMB all claims it may have for over charges as to goods or services provided with
respect to the Project that arise under the antitrust laws of the State of Minnesota or of the United States
of America.
Section 5.22 Prevailing Wages. The Public Entity agrees to comply with all of the applicable
provisions contained in Minnesota Statutes Chapter 177, and specifically those provisions contained in
Minn. Stat. Secs. 177.41 through 177.435 as they may be amended or replaced from time to time with
respect to the Project. By agreeing to this provision, the Public Entity is not acknowledging or agreeing
that the cited provisions apply to the Project.
Section 5.23 Entire Agreement. The Agreement and all of the exhibits attached thereto embody
the entire agreement between the Public Entity and MnDOT, and there are no other agreements, either
oral or written, between the Public Entity and MnDOT on the subject matter hereof.
Section 5.24 E-Verification. The Public Entity agrees and acknowledges that it is aware of
Minn.Stat. § 16C.075 regarding e-verification of employment of all newly hired employees to confirm
that such employees are legally entitled to work in the United States, and that it will, if and when
applicable, fully comply with such order.
Section 5.25 Jobs Reporting Requirements. Pursuant to Minn. Stat. § 16A.633, Subd. 4, the
Public Entity shall collect, maintain and, upon completion of the Project, provide the information
indicated in Exhibit G of this Agreement, to the Commissioner of MMB. The information must include,
but is not limited to, the following: the number and types of jobs created by the Project, whether the jobs
are new or retained where the jobs are located and the pay ranges of the jobs.
Section 5.26 Additional Requirements. The Public Entity has obtained a Bridge Easement
Easement”) from Soo Line Railroad Company, a Minnesota corporation doing business as Canadian
Pacific (the “Grantor”), allowing it to locate the Project, or portions thereof, in the Grantor’s railroad right
of way. The Public Entity shall obtain the Commissioner’s prior written consent to any proposed changes
or modifications to the Easement, and shall notify the Commissioner in the event of a termination of the
Easement pursuant to the terms thereof.
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EXHIBIT G
MINNESOTA REPORT ON JOBS
Jobs Reporting.
a) Pursuant to M.S. Sec. 16A.633, subd. 4, which was added during the 2012
legislative session, MnDOT is required to report the number of jobs created or retained by the
Project. To enable MnDOT to comply with M.S. Sec. 16A.633, subd. 4, the Public Entity is
required to report the number of jobs created or retained by the Project to MnDOT as set forth
below.
b) The Public Entity shall require all of its contractors to report the information
below to the Public Entity. The Public Entity shall then report to MnDOT. Information can be
recorded by MnDOT in an Excel document that can be downloaded into the report by Minnesota
Management and Budget. Each report must contain the following:
1) The name of the Project.
2) The MnDOT’s contract number, if applicable.
3) Reporting period. The appropriate biennium is to be selected.
4) The Agency Number. This will complete the next column with Agency
Name.
5) Legal Citation for the Authorization.
6) Department ID responsible for the Project.
7) The Appropriation for the Project.
8) The Appropriation Amount.
9) Project Start Date.
10) Project Completion Date.
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Mn/DOT Agreement No. 1002240
20
11) The County where the Project is located or, if it is located in more than
one county, where it is primarily located.
12) Funding Source for Project. The selection will be either Trunk Highway
Bonds or General Obligation Bonds.
13) Job Type. Jobs should be classified as either (i) engineering/professional,
ii) construction, or (iii) other. Manager and supervisor jobs shall be
classified as category (i), (ii) or (iii) based on the nature of the work those
individuals spent the majority of their time overseeing.
14) Hourly Wages. Jobs should be classified according to the hourly pay
ranges below. Overhead or indirect costs or the value of pensions or other
benefits should not be included in wages.
i) less than $10.00,
ii) $10.01 to $15.00,
iii) $15.01 to $20.00,
iv) $20.01 to $25.00,
v) $25.01 to $30.00,
vi) $30.01 to $35.00,
vii) $35.01 to $40.00, or
viii) more than $40.00.
15) Jobs.
a. Jobs should be classified as either (i) jobs created or (ii) jobs retained; they
will not be counted as both. A “job created” is a new position created and
filled, or an existing unfilled position that is filled, because of the Project.
A “job retained” means a job at a specific wage level that existed prior to
beginning the Project that would have been lost but for the Project. Only
jobs in Minnesota should be counted.
b. Jobs should be expressed in “full-time equivalents” (FTE). In calculating
an FTE, the number of hours worked during the Reporting Period should
be divided by 1,040 (the number of hours representing a full work
schedule in a Reporting Period). Jobs should be reported regardless of
when the Project or an individual’s employment began or ended. Jobs are
to be calculated based on hours worked in the current Reporting Period
only, so that reporting is not cumulative.
c. Jobs should not be separated into full-time, part-time, temporary, seasonal,
etc. Instead, all hours should be totaled and converted into FTEs as
indicated above.
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Mn/DOT Agreement No. 1002240
21
c) Each contractor will report its workforce and the workforce of its subcontractors
active during the Reporting Period. This includes employees actively engaged in
the Project who work on the jobsite, in the Project office, in the home office or
telecommute from home or other alternative office location. This includes, but is
not limited to, any engineering personnel, inspectors, sampling and testing
technicians, and lab technicians performing work directly in support of the
Project. This does not include material suppliers such as steel, culverts, guardrail
and tool suppliers. Only hours that relate to time spent on the Project should be
reported.
d) The Public Entity must incorporate these reporting requirements into its contracts
with its contractors (in part so that contractors can add the requirements to their contracts with
subcontractors and impose deadlines on reporting by subcontractors.
c) To distinguish the jobs reported by contractors that were funded by the Grant, the
Public Entity must multiply the job numbers reported by each contractor in each category above
by the percentage of total Project costs funded by the Grant (e.g., if the Grant was 40% of total
Project costs, the Public Entity should multiply the jobs numbers given in each category by 40%
to arrive at the number of jobs funded by the Grant) and it is those numbers that should be
reported to MnDOT.
MnDOT reporting to MMB:
Data on jobs reporting information can be updated on an ongoing basis through the MMB
Jobs Reporting System at https://www.mmb.state.mn.us/JobsReporting/.
Page 40
Permanent Bridge Easement Page 1 of 13 Soo Line Railroad Company. Grantor
Hennepin County, Minnesota (MN-HENN-003346) City ofPlymouth, Grantee
BRIDGE EASEMENT
Date: ___________________, 2016.
In consideration of the sum of TEN and No/100 Dollars ($10.00), the receipt whereof is hereby
acknowledged,
SOO LINE RAILROAD COMPANY, a Minnesota corporation doing business as Canadian Pacific,
of 120 South Sixth Street, Suite 900, Minneapolis, Minnesota 55402, (“Grantor”)
hereby grants, conveys and transfers unto
THE CITY OF PLYMOUTH, a municipal corporation under the laws of Minnesota (“Grantee”),
a Bridge Easement (“Easement”) described and conditioned as follows:
1.0 DESCRIPTION OF PROPERTY:
Parcel 13 PE:
The West 55.00 feet of a strip of land 100.00 feet in width the same being 50.00 feet in
width on each side of the center line of the railway as the same is located over and across
the Northwest Quarter of Section 9, Township 118, Range 22, Hennepin County,
Minnesota.
Parcel 75E:
The East 55.00 feet of a strip of land 100.00 feet in width the same being 50.00 feet in
width on each side of the center line of the railway as the same is located over and across
the North Half of the Northeast Quarter of Section 8, Township 118, Range 22, Hennepin
County, Minnesota.
and shown upon the maps labeled Exhibit A that are attached hereto and are made a part
hereof.
Page 41
Permanent Bridge Easement Page 2 of 13 Soo Line Railroad Company. Grantor
Hennepin County, Minnesota (MN-HENN-003346) City ofPlymouth, Grantee
2.0 PURPOSES: The Easement shall be limited to the installation, construction, maintenance,
repair, replacement, and use of an overhead bridge (the “Bridge”) for use by the public,
including vehicular traffic, pedestrian traffic and public utilities through the Easement
Area and over Grantor’s railroad right-of-way tracks.
3.0 RESERVATIONS: Grantor reserves unto itself, and its successors and assigns:
3.1 fee title to the Easement Area to itself; Grantee's maintenance and use of the
Easement Area, however long continued, shall not vest in the Grantee rights adverse
to those of the Grantor other than those granted by this Agreement;
3.2 the right and privilege to use Easement Area for the maintenance, construction, and
operation of railroad tracks and facilities provided it does not unreasonably interfere
with Grantee’s use of the Easement Area pursuant to this Agreement;
3.3 the right to permit other parties to use the Easement Area in a manner that does not
unreasonably interfere with the Grantee’s use of the Easement Area pursuant to this
Agreement;
3.4 the right of incidental use of the Easement Area in a manner that does not
unreasonably interfere with the Grantee’s use of the Easement Area pursuant to this
Agreement; and
3.5 the right and privilege to use the Easement Area for any and all other purposes that
are not inconsistent with the use thereof for the purpose or purposes permitted by
this Agreement or which unreasonably interferes with or restricts the rights granted to
Grantee.
4.0 TERM, TERMINATION AND EXPIRATION:
4.1 This Easement shall remain in effect so long as required by Grantee for Bridge
purposes unless terminated as follows:
4.1.1 Abandonment: In the event Grantee fails to use or occupy any part of the
Easement Area for a period of twenty-four (24) consecutive months and
Grantor serves upon Grantee a written notice alleging such failure. If
Grantee, does not refute said allegation or reinstitute its use of the Bridge
within 30 days following receipt of said written notice, then Grantee shall be
deemed to have agreed with Grantor’s allegations and the Easement shall
therewith be extinguished. The mere presence of the Bridge shall not be
deemed “use” for the purposes of abandonment.
Page 42
Permanent Bridge Easement Page 3 of 13 Soo Line Railroad Company. Grantor
Hennepin County, Minnesota (MN-HENN-003346) City ofPlymouth, Grantee
4.1.2 Removal: In the event Grantee substantially removes the Bridge with the
intent of not replacing it, then the Easement shall therewith be
extinguished.
4.1.3 Breach: If Grantee is unable or unwilling to cure a breach of any of the
provisions of this Agreement within thirty (30) days (or such longer period
as may be reasonably required if Grantee promptly initiates the cure and
diligently prosecutes the cure to completion) following receipt of an order
for specific performance from Grantor detailing such breach, then this
Easement shall therewith be terminated. The foregoing shall be subject,
however, to reasonable seasonal accommodations for any physical work to
the Bridge required to cure a breach.
5.0 BRIDGE CONSTRUCTION, MAINTENANCE AND REMOVAL WORK:
5.1 The initial construction of the Bridge will governed pursuant to a separate
agreement between the parties, the “Construction Agreement.” No Bridge
construction shall commence until said Construction Agreement has been
executed by both parties.
5.2 Any construction, maintenance, removal or other changes or modifications
to the Bridge or the “Structure” ( the Bridge, excluding the roadway surface)
made after completion of the Bridge’s initial construction shall be subject to
the following:
5.2.1 Division of Responsibility: Grantee shall be responsible, at its cost and
expense, for all work necessary to install, construct, maintain, repair,
replace and remove the Bridge.
5.2.2 Structure work by Grantee:
a. As used herein, “Work,” shall mean maintenance, repair, removal, changing
or renewal of the Structure.
b. Grantee, shall secure all necessary public approvals and permits for any
Work on the Structure in the Easement Area.
c. Prior to any Work, Grantee shall be responsible for determining the location
and existence of any pipes, wires, conduits, sewers, piling or other
obstructions to Work and shall to the maximum extent permitted by law
indemnify, hold harmless and defend the Grantor from and against any and
all liability for damage to the foregoing pipes, wires, conduits, sewers, piling
Page 43
Permanent Bridge Easement Page 4 of 13 Soo Line Railroad Company. Grantor
Hennepin County, Minnesota (MN-HENN-003346) City ofPlymouth, Grantee
or other obstructions, if any, caused by Grantee’s Work. Grantor makes no
representation by the granting of this indenture that the Easement Area is
free of any such pipes, wires, conduits, sewers, pilings or other obstructions.
d. Grantee through its employees or its contractors shall not carry on any
Work within 25 feet of the center line of Grantor’s track until:
1) it shall have given Grantor at least three (3) days' written notice, and
2) an authorized representative of Grantor shall, at Grantor’s election, be
present to supervise same; and
3) Grantee must make arrangements with Grantor for such flagging or
watchman service as Grantor deems necessary for the protection of railroad
traffic. All such flagging and watchman service shall be provided by Grantor
at Grantee’s expense. The fact that Grantor provides such service shall not
relieve Grantee from any liability under this Agreement. Grantor's labor and
material additives are subject to change without notice to Grantee, and
Grantor shall be reimbursed based upon its labor and material additives
actually in effect as of the date of such service.
4) While performing any Work on the Structure, Grantee and its contractors
shall comply with the safety requirements of Grantor, as such requirements
may be amended from time to time Grantor's safety requirements are set
forth “Exhibit B” titled “MINIMUM SAFETY REQUIREMENTS FOR
CONTRACTORS WORKING ON RAILWAY PREMISES” and in Grantor 's current
safety handbook. One free copy of the current safety handbook will be
provided to the Grantee by the Grantor contact person. Additional copies
will be provided at Grantee's expense. Grantee shall be responsible for
ensuring that any person performing any Work for or on behalf of Grantee
shall comply with the Grantor safety requirements that would apply to a
employee of Grantor performing similar work.
5) Prior to the commencement of any Work, Grantee and every employee,
agent or subcontractor who carries out any work on the Premises shall
successfully complete the safety training available through the e-railsafe
program at www.e-railsafe.com in respect to requirements for Canadian
Pacific operations.
6) Grantee and every employee, agent or subcontractor who performs Work
on the Structure shall at all times wear and visibly display the identification
badge issued to them following successful completion of the e-railsafe
Page 44
Permanent Bridge Easement Page 5 of 13 Soo Line Railroad Company. Grantor
Hennepin County, Minnesota (MN-HENN-003346) City ofPlymouth, Grantee
safety training together with whatever additional identification materials
that Grantor may reasonably require.
7) Grantee, for itself and any of its contractors agrees to release, indemnify,
defend and hold harmless grantor and grantor's affiliated companies,
partners, successors, assigns, legal representatives, officers, directors,
shareholders, employees and agents (collectively, "Indemnitees") for, from
and against any and all claims, liabilities, fines, penalties, costs, damages,
losses, liens, causes of action, suits, demands, judgments and expenses
including, without limitation, court costs, attorneys' fees and costs of
investigation, removal and remediation and governmental oversight costs)
environmental or otherwise (collectively, "liabilities") of any nature, kind or
description of any person or entity directly or indirectly arising out of,
resulting from or related to (in whole or in part) any of the following:
5.3 Certain Work Close To Track Not Permitted; Lateral Support:
5.3.1 Unless otherwise agreed to in writing by Grantor, excavations, borings,
wells, pits, test holes, probe sites, and the like shall not be located closer
than 25 feet from the centerline of the nearest railroad track on or adjacent
to the Property nor shall it take or allow any action upon the Property that
would materially impair the lateral or subadjacent support of adjacent lands
or railroad tracks.;
5.3.2 Unless otherwise agreed to in writing by Grantor, drilling and excavating
equipment and related equipment shall not be located closer than 25 feet
from the nearest rail of any such track;
5.3.3 In the event that Grantor permits excavations, borings, wells, pits, test
holes, probe sites, or the like in close proximity to tracks, embankments or
other features providing lateral or subadjacent support to land or tracks,
then notwithstanding anything to the contrary in this Easement Agreement,
Grantee shall be responsible for designing and constructing at no cost to
Grantor any measure that is required to prevent the collapse, erosion or
impairment to said land or tracks.
5.4. Storm Water: Grantee shall not, without the advance written approval of
Grantor, make any changes to the Easement Area or Grantor’s adjacent
property (collectively “Property”) that would either increase the historic
flow rate of storm water from the Property or create an impediment to the
historic flow of storm water to the Property. Unless otherwise agreed in
writing, between Grantor and the Grantee it is understood and agreed that
Grantee shall at Grantee’s cost and expense be liable to Grantor for the
Page 45
Permanent Bridge Easement Page 6 of 13 Soo Line Railroad Company. Grantor
Hennepin County, Minnesota (MN-HENN-003346) City ofPlymouth, Grantee
construction, maintenance, repair and replacement upon the Property or
other land not belonging to Grantor such storm sewer lines, manholes,
mains, rip rap, boulders, wing walls, ditches and related appurtenances.
6.0 TAXES AND ASSESSMENTS: Grantee shall assume and pay any taxes or assessments
which may be levied by any competent authority by reason of the existence or use of the
Easement Area by Grantee or the presence of the Bridge.
7.0 LIABILITY, INDEMNITY AND INSURANCE:
7.1 Damage To Tracks, Facilities, And Equipment:
If any tracks, facilities, or equipment owned, used, or maintained by Grantor are
damaged in connection with the Work, Grantor shall repair (or arrange for the repair
of) such damage and Grantee shall pay the full cost of such repair within 30 days after
Grantor shall tender a bill therefor.
7.2. Assumption Of Risk: Grantee is fully aware of the dangers of working on and about
railroad property and railroad operations and knowingly and willingly assumes the risk
of harm (e.g., injury to or death of persons and damage to or destruction of property)
that may occur while on and about the Property. Without in any way limiting the
scope of the preceding sentence, Grantee assumes the risk that monitoring wells,
elevation bench marks, reference points, and other installations located on the
Property may be disturbed, damaged, or destroyed by Grantor or third persons, and
Grantee shall not make any claim against Grantor on account of same, even if such
disturbance, damage, or destruction arises from the negligence of Grantor or its
employees, agents, or invitees. Grantee assumes full responsibility for protecting its
installations and personal property from theft and vandalism while such installations
and personal property are on the Property.
7.3. Indemnity:
Subject to the limitations and immunities in Minnesota Statute Chapter 466, the Grantee shall
fully indemnify the Indemnified Parties (as hereafter defined) against any and all loss, damage,
liability, claims, suits, judgments, cost and expenses (including reasonable attorneys' and
witnesses' fees) in any manner arising (a) from injuries sustained by the Grantee or any of the
Grantee’s employees, contractor or contractors or invitees, including death at any time
resulting therefrom, while engaged in or about any of the above described activities or any
operation necessary, incidental or appurtenant thereto, whether liability for such injuries or
death be imposed under any so-called Workers' Compensation Law, or State or Federal Statue
of the Common Law, and (b) from injury to or death of any other person, including that of the
Indemnities, its employee, agents and representatives, arising from or growing out of any act or
omission of the Grantee, or the Grantee’s employees, contractor or contractors, or invites in
the exercise of the permission herein granted.
Page 46
Permanent Bridge Easement Page 7 of 13 Soo Line Railroad Company. Grantor
Hennepin County, Minnesota (MN-HENN-003346) City ofPlymouth, Grantee
Easement As used in this Agreement, Indemnified Parties means the following businesses
and their officers, directors, employees, and agents: Soo Line Railroad Company, Soo Line
Corporation, Canadian Pacific Railway Company, any company doing business as Canadian
Pacific Railway, and any railway company or contractor operating trains or rail equipment upon
railway tracks in close proximity to the Property, together with the parent companies,
subsidiaries, and affiliated companies of all of the foregoing.
7.4 In consideration for the grant of the Easement, without which it would not be granted,
Grantee assumes all risk of damage to or destruction of the Bridge through any cause
whatsoever while located upon and across the Easement Area, except from Grantor’s
willful malicious misconduct and covenants not to sue Grantor therefor.
7.5 Grantee shall procure and maintain in effect (or shall cause its contractor to procure
and maintain in effect), at any time when any portion of the Work is being performed,
the following insurance:
7.5.1. Comprehensive General Liability Insurance: Comprehensive general liability insurance
with a policy limit of not less than $5,000,000 per occurrence and $25,000,000
aggregate for bodily injury, death, and damage to or destruction of property (including
the loss of use thereof). The policy will include those policy extensions commonly
referred to as broad form completed operations, contractor's protective, collapse, and
underground damage. The policy shall by its wording or by endorsement insure those
liabilities and obligations which this Agreement contemplates will be assumed by
Grantee, including liabilities and obligations to indemnify the Indemnified Parties. The
policy shall be endorsed to require that Grantor be given not less than 30 days written
notice in advance of cancellation or termination of the policy or of any change or
amendment to the policy that restricts or reduces coverage. The policy shall be
endorsed with a cross liability (severability of interest) endorsement in substantially
the following form: "This policy shall insure each person, firm, or corporation
hereunder in the same manner and to the same extent as if a separate policy had
been issued to each, but the inclusion herein of more than one insured shall not
operate to increase the limits of the insurance company's liabilities." The policy shall
be endorsed to add the following as additional insureds: Soo Line Railroad Company,
Soo Line corporation Canadian Pacific Railway Company, any company doing business
as Canadian Pacific Railway, and any railway company or contractor operating trains
or rail equipment upon railway tracks in close proximity to the Property, together with
the parent companies, subsidiaries, and affiliated companies of all of the foregoing
collectively, the Protected Parties). The policy shall also be endorsed to waive
subrogation rights against the Protected Parties.
7.5.2. Automobile Liability and Property Damage Insurance: Automobile liability and
property damage insurance in an amount not less than $2,000,000, personal injury
and property damage combined, covering the ownership, use, and operation of any
Page 47
Permanent Bridge Easement Page 8 of 13 Soo Line Railroad Company. Grantor
Hennepin County, Minnesota (MN-HENN-003346) City ofPlymouth, Grantee
motor vehicles and trailers licensed for use on public highways which are owned,
leased, or controlled by Grantee or its contractor and used in connection with the
Work. The policy shall be endorsed to require that Grantor be given not less than
30 days written notice in advance of cancellation or termination of the policy or of
any change or amendment to the policy that restricts or reduces coverage.
7.5.3 Workers Compensation Insurance: Workers compensation insurance that meets
the requirements of applicable Minnesota law.
7.5.4 Railroad Protective Liability Insurance: Railroad protective liability insurance
occurrence form), in the name of Soo Line Railroad Company and Canadian Pacific
Railway Company, with limits of no less than $2,000,000 per occurrence and
6,000,000 aggregate for personal injury and property damage.
7.5.5. Contractual Endorsement: Each policy of insurance shall include the following
endorsement upon the certificate, or within the binder, policy or other contractual
evidence signed by the insurer and in form acceptable to Grantor:
It is agreed that the policy or policies of insurance evidenced by this certificate
covers the liability assumed by the insured in connection with work pursuant to the
Easement Agreement dated _______________, 2016 by and between City of
Plymouth and Soo Line Railroad Company, including work upon railroad property,
within railroad right of way and in close proximity operating railroad tracks.”
Before Grantee enters the Property, Grantor must receive and approve certificates of insurance
evidencing the coverages required by sections 7.5.1, 7.5.2, 7.5.3, 7.5.4, and endorsement
required by section 7.5.5. Grantor reserves the right to demand a certified copy of any required
policy, and Grantee or its contractor shall provide such copy within 10 working days after
Grantor shall give notice to Grantee demanding such copy. All of the required policies shall be
issued by insurers acceptable to Grantor and shall be acceptable to Grantor in both form and
substance. Grantee shall not enter the Property until all of the required policies have been
approved in writing by Grantor. If the comprehensive general liability and automobile policies
are procured by Grantee's contractor, Grantee shall be added as an additional insured party
under such policies. If the contractor uses a subcontractor, the contractor shall provide the
required policies and shall, in addition, either require the subcontractor to provide insurance
equivalent to that described herein, or obtain endorsements to the contractor's policies naming
the subcontractor as an additional insured party. If a subcontractor uses a sub-subcontractor,
the sub-subcontractor shall either provide insurance equivalent to that required of the
subcontractor or shall be named as an additional insured party on the contractor's or
subcontractor's policies. In the event any required policy lapses, Grantee shall have thirty (30)
days (or such longer period as may be reasonably required) to promptly initiate and obtain
policy coverages required by Sections 7.5.1, 7.5.2, 7.5.3, 7.5.4 and endorsement required by
section 7.5.5, so long as Grantee diligently prosecutes obtaining policy coverages to
Page 48
Permanent Bridge Easement Page 9 of 13 Soo Line Railroad Company. Grantor
Hennepin County, Minnesota (MN-HENN-003346) City ofPlymouth, Grantee
completion. If Grantee is unable or unwilling to obtain policy coverages, then this Easement
shall therewith be terminated pursuant to Section 4.
8. ENVIRONMENTAL:
8.1 The Grantee:
8.1.1 shall be familiar with the requirements of, comply with, and secure at the
Grantee’s own expense any permits or licenses required by, all applicable laws,
regulations, ordinances, and standards, including without limitation all
Environmental Laws;
8.1.2 shall, upon written request by the Grantor (but only in such circumstances where
Grantor has reasonably reliable information that the Easement Area has been
contaminated), provide the Grantor with the results of appropriate reports and
tests from a qualified engineer to demonstrate that the Grantee has complied with
all Environmental Laws relating to the Easement Area;
8.1.3 shall not in any manner cause or allow the Easement Area to become a hazardous
waste treatment, storage or disposal facility within the meaning of, or otherwise
bring the Property within the ambit of the Resource Conservation and Recovery
Act, 42 U.S.C. 6901 et seq. or any similar state statute or local ordinance;
8.1.4 shall not, without prior written disclosure to and approval by the Grantor, Use or
authorize the Use of any Hazardous Substance on the Easement Area.
8.1.5 shall not cause or allow the Release or threat of Release of any Hazardous
Substance on, to, or from the Easement Area;
8.1.6 shall promptly notify the Grantor of any actual or suspected Release of any
Hazardous Substance on, to, or from the Easement Area, regardless of the cause of
the Release;
8.1.7 shall promptly provide the Grantor with copies of all summons, citations,
directives, information inquiries or requests, notices of potential responsibility,
notices of violation or deficiency, orders or decrees, claims, causes of action,
complaints, investigations, judgments, letters, notices of environmental liens or
Response actions in progress, and other communications, written or oral, actual or
threatened, from the United States Environmental Protection Agency, the United
States Occupational Safety and Health Administration, or other federal, state or
local agency or authority, or any other entity or individual, concerning any Release
of a Hazardous Substance on, to or from the Property, or any alleged violation of or
responsibility under any Environmental Law relating to the Property; and
Page 49
Permanent Bridge Easement Page 10 of 13 Soo Line Railroad Company. Grantor
Hennepin County, Minnesota (MN-HENN-003346) City ofPlymouth, Grantee
8.1.8 shall promptly take all necessary action in Response to any Release or Use of a
Hazardous Substance at the Property that gives rise to any liability, claim, cause of
action, obligation, demand, fine, penalty, loss, judgment or expense under any
Environmental Law, or causes a significant public health or workplace effect, or
creates a nuisance.
8.1.9 As used in this Section, the following terms have the following definitions:
i) “Claim” or “Claims” means any and all liabilities, suits, claims, counterclaims,
causes of action, demands, penalties, debts, obligations, promises, acts, fines,
judgments, damages, consequential damages, losses, costs, and expenses of
every kind (including without limitation any attorney’s fees, consultants’ fees,
response costs, remedial action costs, cleanup costs and expenses which may be
related to any Claims);
ii) “Environmental Law” or “Environmental Laws” means the Comprehensive
Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. '
9601 et seq., the Resource Conservation and Recovery Act, 42 U.S.C. ' 6901 et
seq., the Federal Water Pollution Control Act, 33 U.S.C. ' 1251 et seq., the Clean
Water Act, 33 U.S.C. ' 1321 et seq., the Clean Air Act, 42 U.S.C. ' 7401 et seq., the
Toxic Substances Control Act, 15 U.S.C. ' 2601 et seq., all as amended from time
to time, and any other federal, state, local or other governmental statute,
regulation, rule, law or ordinance dealing with the protection of human health,
safety, natural resources or the environment now existing or hereafter enacted;
iii) “Hazardous Substance” or "Hazardous Substances" means any petroleum
product, distillate, or fraction, radioactive material, chemical known to the
Federal Government or the State of Minnesota to cause cancer or reproductive
toxicity, polychlorinated biphenyl or any other chemical, substance or material
listed or identified in or regulated by an Environmental Law of the United States
or the State of Minnesota including but not limited to Federal or Minnesota
hazardous waste laws;
iv) “Release” or “Released” means any actual or threatened spilling, leaking,
pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching,
dumping, disposing or spreading of any Hazardous Substance into the
environment, as “Environment” is defined in CERCLA;
v) “Response” or “Respond” means action taken in compliance with Environmental
Laws to correct, remove, remediate, cleanup, prevent, mitigate, monitor,
evaluate, investigate, assess or abate the Release of a Hazardous Substance;
Page 50
Permanent Bridge Easement Page 11 of 13 Soo Line Railroad Company. Grantor
Hennepin County, Minnesota (MN-HENN-003346) City ofPlymouth, Grantee
vi) “Use” means to manage, generate, manufacture, process, treat, store, use, re -
use, refine, recycle, reclaim, blend or burn for energy recovery, incinerate,
accumulate speculatively, transport, transfer, dispose of, or abandon a
Hazardous Substance.
9. MISCELLANEOUS:
9.1 Grantee/Grantor: As used in this Agreement, the terms “Grantee” and “Grantor” shall
include the parties first named above and their respective successors or assigns.
9.2 Headings: The paragraph headings used in this Agreement are used solely for the
purpose of convenience. They are not intended to, and do not, modify or limit the
wording of the paragraphs to which they are appended, and they shall not be used or
construed as guides to the interpretation of said paragraphs.
9.3 Severability of Terms: Each provision, paragraph, sentence, clause, phrase, and word
of this Agreement shall apply to the extent permitted by applicable law and is
intended to be severable. If any provision, paragraph, sentence, clause, phrase or
word of this indenture is illegal or invalid for any reason whatsoever, such illegality or
invalidity shall not affect the legality or validity of the remainder of this Agreement.
9.4 No Waiver: Any act or omission constituting a breach of this Agreement shall be
limited to such act or omission and shall not be construed as a permanent or
continuing waiver thereof;
9.5 Notices: Any notice given by a party pursuant to this Agreement, shall be good if
served upon the other party, or if deposited in a United States post office, certified
mail, addressed to the other party at its last known address.
9.6 Merger: This Agreement completely outlines all of the rights, responsibilities, and
obligations of the parties hereto and said indenture may not be amended or altered
except by an instrument in writing signed by both parties. Furthermore, this
Agreement merges all prior oral representations and negotiations of the parties
hereto.
9.7 No Warranty: Grantor does not warrant title to the Easement Area, and makes no
representations or warranties, express or implied, as to the habitability of the
Easement Area or the fitness of the Easement Area for Grantee’s purpose or any other
particular purpose.
9.8 Property: When used herein, the term “Property” shall mean the Easement Area
together with any other adjacent land or personal property located thereon belonging
or in the control of Grantor.
Page 51
Permanent Bridge Easement Page 12 of 13 Soo Line Railroad Company. Grantor
Hennepin County, Minnesota (MN-HENN-003346) City ofPlymouth, Grantee
9.9 Minnesota Law: This Agreement shall be governed by the laws of the State of
Minnesota. Grantee, at its cost, may cause a copy of this Agreement to be recorded
with the Hennepin County Recorder.
THIS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns
of the Grantor and the Grantee.
GRANT:
SOO LINE RAILROAD COMPANY
doing business as Canadian Pacific
By:___________________________________
David S. Drach
Its: Director Sales & Acquisitions US
STATE OF MINNESOTA )
ss:
COUNTY OF HENNEPIN )
The foregoing Temporary Easement was acknowledged before me this _____ day of
2016, by David S. Drach, Director Sales & Acquisitions US, of Soo Line Railroad
Company, a corporation under the laws of the State of Minnesota, on behalf of the corporation.
Notary Seal Notary Public
Page 52
Permanent Bridge Easement Page 13 of 13 Soo Line Railroad Company. Grantor
Hennepin County, Minnesota (MN-HENN-003346) City ofPlymouth, Grantee
ACCEPTANCE:
CITY OF PLYMOUTH
By:___________________________________
Kelli Slavik, Mayor
By:___________________________________
Dave Callister, City Manager
STATE OF MINNESOTA )
ss:
COUNTY OF HENNEPIN )
The foregoing Permanent Bridge Easement was acknowledged before me this _____ day of
2016, by Kelli Slavik and by Dave Callister, the Mayor and City Manager of the
City of Plymouth, a Minnesota municipal corporation, on behalf of the corporation and
pursuant to the authority granted by its City Council.
Notary Seal Notary Public
This instrument was drafted by:
Nikol R. Daniels
Real Estate Department
Canadian Pacific
900 Canadian Pacific Plaza
120 South Sixth Street
Minneapolis, Minnesota 55402
Page 53
120 South6th St., 900,
Minneapolis, MN 55402
185514v4
A G R E E M E N T
THIS AGREEMENT made and entered into by and between the CITY OF PLYMOUTH,
MINNESOTA, a Minnesota Municipal Corporation hereinafter referred to as the "CITY", whose
address is 3400 Plymouth Boulevard, Plymouth, Minnesota 55447 and SOO LINE RAILROAD
COMPANY d.b.a. Canadian Pacific, hereinafter referred to as the "COMPANY", whose address
is 120 South 6th Street, Minneapolis, Minnesota 55402.
W I T N E S S E T H
WHEREAS, the CITY proposes to replace an existing public at-grade crossing owned by the CITY
and known as Vicksburg Lane (FRA/AAR 689118V) with a highway grade separation structure
across the right of way and track of the COMPANY in the City of Plymouth, Hennepin County,
Minnesota, which work will be identified as SP No. 155-156-018;
WHEREAS, the proposed Vicksburg Lane highway bridge structure will replace the existing
public at-grade crossing of which crosses one main line track of the COMPANY at its mile post
13.20 on the Paynesville Subdivision, US South Region; and
WHEREAS, the CITY proposes to construct the highway grade separation on it's existing roadway
alignment substantially as shown on the plan attached hereto and marked Exhibit "A"; and
WHEREAS, plans and specifications have been prepared by the CITY for the construction of the
new approach grades and new bridge numbered in the records of the CITY as bridge number
27B99, said bridge lying in the right of way of the CITY and spanning the trackage of the
COMPANY, hereafter called the "NEW BRIDGE"; and
WHEREAS, the City has retained SRF Consulting Group, Inc. One Carlson Parkway North, Suite
150, Minneapolis, Minnesota 55447 to prepare detailed plans, specifications, special provisions,
bid documents, and cost estimates; and
WHEREAS, it is contemplated that said work be carried out by the parties here to as per applicable
Minnesota State Statutes.
WHEREAS, authorization must be received from the State of Minnesota, Commissioner of
Transportation, for the establishment of the proposed NEW BRIDGE crossing; and
WHEREAS, the parties hereto desire to set forth the terms and conditions for the compliance with
an anticipated Order of the Minnesota Commissioner of Transportation authorizing the
establishment of said NEW BRIDGE crossing; and
WHEREAS, the classification of this project is in accordance with the 2014 Edition of the
Minnesota Department of Transportation “Standard Specifications For Construction”, and;
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185514v4
WHEREAS, the classification of this project is in accordance with the Federal Highway Programs
Manual which specifies the replacement of an existing signalized at-grade crossing with a grade
separation structure is considered a benefit to the COMPANY, and;
WHEREAS, the CITY agrees to pay the actual cost for the design and construction of the said NEW
BRIDGE and the COMPANY agrees to a lump sum contribution of Two-Hundred and Fifty Thousand
dollars ($250,000) upon project completion and invoice from the CITY, subject to the terms of this
agreement, without additional cost or assessment to the COMPANY; and
WHEREAS, the parties hereto desire to set forth the terms and conditions for establishment,
construction, operation and maintenance of said NEW BRIDGE; and
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreement
as hereinafter contained, the parties hereto agree as follows:
1. The CITY has negotiated with the COMPANY for the granting by separate instrument and
subject to the COMPANY's rights therein, of a right-of-way easement required for the construction
and maintenance of said Vicksburg Lane overhead bridge crossing attached hereto as Exhibit “B”
Easement Agreement”).
2 The CITY shall secure or cause to be secured, without cost or assessment to the COMPANY,
all rights-of-way required for or incidental to its project excepting this provided herein.
3 The COMPANY, for performance of work under this agreement by the CITY, hereby grants to
the CITY the right to enter upon those areas of the COMPANY'S property as necessary for the
construction and maintenance of a New Bridge in accordance with plans to be approved by the
COMPANY.
4. This Agreement is subject to the superior title of the COMPANY to its property and to all other
outstanding and superior rights, if any; and the CITY shall not, by reason of rights hereby granted,
acquire or assert title to any of said property adverse to the title of the COMPANY. The
COMPANY shall have the continuing and compatible right to use and occupy said property for
railroad construction, operation and maintenance purposes and repair its facilities within the limits
of the NEW BRIDGE No. 27B99 at Vicksburg Lane and to construct such other facilities as from
time to time it may choose to, provided however, that the COMPANY shall not take any action
affecting the CITY’S ability to construct, maintain and operate the New Bridge except as provided
under the terms of the Bridge easement between the CITY and COMPANY; and in the event that
federal regulations pertaining to the operation of railroads act to adversely affect the CITY’S rights
hereunder, the COMPANY shall give the CITY and the Commissioner of Management and
Budget, acting on behalf of the State of Minnesota, no less than 90 days’ notice prior to taking any
actions under those federal regulations.
5. The City will require in any contract let covering the construction of said Bridge Number
27B99, as contemplated by this Agreement, that all work to be done by the Contractor on the
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185514v4
COMPANY'S right-of-way shall be performed in accordance with the provisions of "1708
RAILROAD HIGHWAY PROVISIONS" Minnesota Department of Transportation's "Standard
Specifications for Highway Construction" dated 2014, as amended, except that the Contractor shall
make its own arrangements and secure all necessary permits to haul materials or equipment across
the tracks of the COMPANY, over private crossings or for storage of materials or equipment on
property.
6. The CITY will prepare, or cause to be prepared, and submit for COMPANY approval prior to
construction of its project all necessary plans and specifications covering construction of the New
Bridge, roadway approaches thereto, drainage, and all work incidental thereto generally in the area
of the COMPANY'S right-of-way and facilities. The parties intend that all construction within the
COMPANY'S right-of-way will be restricted to the shaded areas designated on the Attached
Exhibit "C." Upon COMPANY approval of the plans and specifications, the CITY will construct
its project in accordance thereto and will supervise and furnish engineering and inspection for all
work performed thereunder.
7. No change shall be made on any approved plan or specification by either party hereto without
prior written consent of the other party insofar as the same relates to the COMPANY'S facilities
or operations.
8. The parties hereto shall perform, or cause to be performed, in accordance with detailed plans
and specifications approved by the COMPANY, the following items of work:
A. WORK BY THE CITY
The CITY or its contractor or contractors shall furnish or cause to be furnished, at the sole cost
and expense of the CITY, all labor, material, work equipment and tools and perform all work
necessary to construct and complete the following:
1. The preparation of the bridge plans and specifications.
2. The construction of the New Bridge.
3. The preparation of the roadway and utility plan and specifications.
4. The construction of roadway and utility improvements adjacent
to said bridge including traffic control, grading, paving,
drainage and utility work.
5. The completion of the entire project of the CITY affecting the
COMPANY, including incidental work thereto and all work is not
herein specifically provided to be done by the COMPANY.
6. Incidental work necessary to complete the items hereinabove specified.
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185514v4
B. WORK BY THE COMPANY
The COMPANY or its contractor or contractors shall furnish or cause to be furnished, at the sole
cost and expense of the project, all labor, material, work equipment and tools and perform all work
necessary to construct and complete the following:
1. The removal of the existing Vicksburg Lane at-grade crossing
surface and crossing warning devices.
2. Provide flagging and watchman protection, as necessitated by
the construction or work incidental to the project to protect
railroad traffic and operations as noted in Exhibit “D”
9. Upon completion of its project, the CITY, at its expense, shall thereafter operate, maintain,
repair and renew its facilities, the construction of which is provided for in Section 6.A., insofar as
the same affects the safety of railway operations, subject to the approval of the Chief Engineer of
the COMPANY.
10. The CITY agrees that in the event that any drainage or similar conditions develops on the
COMPANY'S right-of-way and substantially interferes with the COMPANY'S operations because
of the CITY'S project or its subsequent operation, upon receipt of written notice from the
COMPANY, the CITY will promptly remedy or eliminate such condition.
11. Subject to the limitations and immunities in Minnesota Statute Chapter 466, the CITY shall
fully indemnify the indemnities (as hereafter defined) against any and all loss, damage, liability,
claims, suits, judgments, cost and expenses (including reasonable attorneys' and witnesses' fees)
in any manner arising (a) from injuries sustained by the CITY or any of the CITY'S employees,
contractor or contractors or invitees, including death at any time resulting therefrom, while
engaged in or about any of the above described activities or any operation necessary, incidental or
appurtenant thereto, whether liability for such injuries or death be imposed under any so-called
Workers' Compensation Law, or State or Federal Statue of the Common Law, and (b) from injury
to or death of any other person, including that of the Indemnities, its employee, agents and
representatives, arising from or growing out of any act or omission of the CITY, or the CITY'S
employees, contractor or contractors, or invites in the exercise of the permission herein granted.
12. The COMPANY assumes no responsibility for the design, construction or operation of the
NEW BRIDGE and the CITY shall hold harmless the COMPANY for any and all accidents, injury
and/or property damage that may be result of roadway design, construction or operations
parameters.
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185514v4
13. Prior to entering the Property, CITY will arrange to execute the COMPANY’S standard Right
of Entry Agreement attached hereto and marked Exhibit "E"; and must at all times when on railroad
property use personal protective equipment as follows: hard hats, orange reflectorized safety vests,
safety glasses and safety boots and adhere to the COMPANY”S standard Minimum Safety
Requirements for Contractors attached hereto and marked Exhibit "D”
14. Prior to entering the Property, and during the entire time this Agreement remains in effect,
CITY or its contractor, as the case may be, shall maintain the following insurance polices or
equivalent self insurance Program:
Worker's compensation insurance which fully meets the requirements of any workers'
compensation law in force at the location where the work is performed, including the requirements
of any occupational disease law.
Automobile liability insurance covering all owned, non-owned and hired vehicles engaged in or
about the work site, with a combined single limit of $1,000,000.
Comprehensive general liability insurance with a combined single limit of not less than
2,000,000 per occurrence and $5,000,000 aggregate.
Railroad protective liability insurance (occurrence form), in the name of Soo Line Railroad
Company, with limits of $5,000,000 per occurrence and $10,000,000 aggregate for bodily injury
including death) and property damage.
Before CITY or its contractor or contractors is allowed to enter the Property, COMPANY must
receive and approve certificates of insurance evidencing the workers' compensation,
comprehensive general liability, and automobile insurance and stating that such coverage will not
be cancelled or materially changed without ten days written notice being given to COMPANY.
COMPANY must also receive and approve either the railroad protective liability policy or a binder
evidencing that coverage is in effect. All of the required policies shall be issued by insurers
acceptable to COMPANY and shall be acceptable to COMPANY in both form and substance.
CITY or its contractor or contractors shall not enter the Property until all of the required policies
have been approved in writing by COMPANY. The automobile and comprehensive general
liability policies shall be endorsed to add COMPANY as an additional insured and to waive
subrogation against COMPANY. The comprehensive general liability policy shall include a
contractual liability endorsement covering COMPANY's obligations under this Agreement. If the
policies are procured by CITY'S contractor, CITY shall be added as an additional insured under
such policies. If the contractor uses any subcontractor(s), the contractor shall provide the required
insurances and shall, in addition, either: (i) require such subcontractor(s) to provide insurance
equivalent to that described herein or (ii) obtain endorsements to the required policies naming the
subcontractor(s) as additional insured parties.
15. The CITY shall secure, at the CITY'S own expense, any permits or licenses required by State
or local laws or ordinances and shall comply with all applicable laws, including but not limited to
any laws, regulations, standards and permit requirements relating to environmental pollution or
Page 58
185514v4
contamination or to occupational health and safety. The CITY shall indemnify and hold harmless
the Indemnities from any and all claims, judgments, fines, civil penalties, costs and expenses
including reasonable attorneys' and witnesses' fees) arising out of or connected with CITY'S
violation of or non-compliance with any law, standard, regulation or permit requirement.
16. In the event that the CITY does not enter into a contract for construction of the project
contemplated by this agreement on or before a day twelve (12) months after the date this
Agreement is fully executed, then either party may, at any time thereafter, serve notice of
cancellation upon the other party, by registered mail, and this Agreement shall immediately be
cancelled and terminated.
17. Indemnities is defined as the following corporations and their officers, directors, employees,
and agents: Soo Line Railroad Company, Soo Line Corporation and Canadian Pacific.
18. The COMPANY agrees to pay the CITY a lump sum contribution of Two-Hundred and Fifty
Thousand dollars ($250,000) upon project completion and invoice from the CITY, subject to the terms of
this agreement, without additional cost or assessment to the COMPANY;
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in
duplicate counterparts, each of which shall be considered as an original by their duly authorized
officers effective when the CITY and the COMPANY have endorsed their acceptance thereon.
ACCEPTED: ________________, 2016 APPROVED: _______________, 2016
THE CITY OF PLYMOUTH, MINNESOTA SOO LINE RAILROAD COMPANY
BY: ____________________________ BY: ___________________________
KELLI SLAVIK, MAYOR CURT M. WHELAN
DIRECTOR ENGINEERING PROJECTS
Attest: ________________________ Attest: _______________________
DAVID CALLISTER, CITY MANAGER JIM H. KRIEGER
MANAGER PUBLIC WORKS
Page 59
185514v4
EXHIBIT A
Attach Plans
Page 60
185514v4
EXHIBIT B
Easement Agreement
Page 64
Permanent Bridge Easement Page 1 of 13 Soo Line Railroad Company. Grantor
Hennepin County, Minnesota (MN-HENN-003346) City ofPlymouth, Grantee
BRIDGE EASEMENT
Date: ___________________, 2016.
In consideration of the sum of TEN and No/100 Dollars ($10.00), the receipt whereof is hereby
acknowledged,
SOO LINE RAILROAD COMPANY, a Minnesota corporation doing business as Canadian Pacific,
of 120 South Sixth Street, Suite 900, Minneapolis, Minnesota 55402, (“Grantor”)
hereby grants, conveys and transfers unto
THE CITY OF PLYMOUTH, a municipal corporation under the laws of Minnesota (“Grantee”),
a Bridge Easement (“Easement”) described and conditioned as follows:
1.0 DESCRIPTION OF PROPERTY:
Parcel 13 PE:
The West 55.00 feet of a strip of land 100.00 feet in width the same being 50.00 feet in
width on each side of the center line of the railway as the same is located over and across
the Northwest Quarter of Section 9, Township 118, Range 22, Hennepin County,
Minnesota.
Parcel 75E:
The East 55.00 feet of a strip of land 100.00 feet in width the same being 50.00 feet in
width on each side of the center line of the railway as the same is located over and across
the North Half of the Northeast Quarter of Section 8, Township 118, Range 22, Hennepin
County, Minnesota.
and shown upon the maps labeled Exhibit A that are attached hereto and are made a part
hereof.
Page 65
Permanent Bridge Easement Page 2 of 13 Soo Line Railroad Company. Grantor
Hennepin County, Minnesota (MN-HENN-003346) City ofPlymouth, Grantee
2.0 PURPOSES: The Easement shall be limited to the installation, construction, maintenance,
repair, replacement, and use of an overhead bridge (the “Bridge”) for use by the public,
including vehicular traffic, pedestrian traffic and public utilities through the Easement
Area and over Grantor’s railroad right-of-way tracks.
3.0 RESERVATIONS: Grantor reserves unto itself, and its successors and assigns:
3.1 fee title to the Easement Area to itself; Grantee's maintenance and use of the
Easement Area, however long continued, shall not vest in the Grantee rights adverse
to those of the Grantor other than those granted by this Agreement;
3.2 the right and privilege to use Easement Area for the maintenance, construction, and
operation of railroad tracks and facilities provided it does not unreasonably interfere
with Grantee’s use of the Easement Area pursuant to this Agreement;
3.3 the right to permit other parties to use the Easement Area in a manner that does not
unreasonably interfere with the Grantee’s use of the Easement Area pursuant to this
Agreement;
3.4 the right of incidental use of the Easement Area in a manner that does not
unreasonably interfere with the Grantee’s use of the Easement Area pursuant to this
Agreement; and
3.5 the right and privilege to use the Easement Area for any and all other purposes that
are not inconsistent with the use thereof for the purpose or purposes permitted by
this Agreement or which unreasonably interferes with or restricts the rights granted to
Grantee.
4.0 TERM, TERMINATION AND EXPIRATION:
4.1 This Easement shall remain in effect so long as required by Grantee for Bridge
purposes unless terminated as follows:
4.1.1 Abandonment: In the event Grantee fails to use or occupy any part of the
Easement Area for a period of twenty-four (24) consecutive months and
Grantor serves upon Grantee a written notice alleging such failure. If
Grantee, does not refute said allegation or reinstitute its use of the Bridge
within 30 days following receipt of said written notice, then Grantee shall be
deemed to have agreed with Grantor’s allegations and the Easement shall
therewith be extinguished. The mere presence of the Bridge shall not be
deemed “use” for the purposes of abandonment.
Page 66
Permanent Bridge Easement Page 3 of 13 Soo Line Railroad Company. Grantor
Hennepin County, Minnesota (MN-HENN-003346) City ofPlymouth, Grantee
4.1.2 Removal: In the event Grantee substantially removes the Bridge with the
intent of not replacing it, then the Easement shall therewith be
extinguished.
4.1.3 Breach: If Grantee is unable or unwilling to cure a breach of any of the
provisions of this Agreement within thirty (30) days (or such longer period
as may be reasonably required if Grantee promptly initiates the cure and
diligently prosecutes the cure to completion) following receipt of an order
for specific performance from Grantor detailing such breach, then this
Easement shall therewith be terminated. The foregoing shall be subject,
however, to reasonable seasonal accommodations for any physical work to
the Bridge required to cure a breach.
5.0 BRIDGE CONSTRUCTION, MAINTENANCE AND REMOVAL WORK:
5.1 The initial construction of the Bridge will governed pursuant to a separate
agreement between the parties, the “Construction Agreement.” No Bridge
construction shall commence until said Construction Agreement has been
executed by both parties.
5.2 Any construction, maintenance, removal or other changes or modifications
to the Bridge or the “Structure” ( the Bridge, excluding the roadway surface)
made after completion of the Bridge’s initial construction shall be subject to
the following:
5.2.1 Division of Responsibility: Grantee shall be responsible, at its cost and
expense, for all work necessary to install, construct, maintain, repair,
replace and remove the Bridge.
5.2.2 Structure work by Grantee:
a. As used herein, “Work,” shall mean maintenance, repair, removal, changing
or renewal of the Structure.
b. Grantee, shall secure all necessary public approvals and permits for any
Work on the Structure in the Easement Area.
c. Prior to any Work, Grantee shall be responsible for determining the location
and existence of any pipes, wires, conduits, sewers, piling or other
obstructions to Work and shall to the maximum extent permitted by law
indemnify, hold harmless and defend the Grantor from and against any and
all liability for damage to the foregoing pipes, wires, conduits, sewers, piling
Page 67
Permanent Bridge Easement Page 4 of 13 Soo Line Railroad Company. Grantor
Hennepin County, Minnesota (MN-HENN-003346) City ofPlymouth, Grantee
or other obstructions, if any, caused by Grantee’s Work. Grantor makes no
representation by the granting of this indenture that the Easement Area is
free of any such pipes, wires, conduits, sewers, pilings or other obstructions.
d. Grantee through its employees or its contractors shall not carry on any
Work within 25 feet of the center line of Grantor’s track until:
1) it shall have given Grantor at least three (3) days' written notice, and
2) an authorized representative of Grantor shall, at Grantor’s election, be
present to supervise same; and
3) Grantee must make arrangements with Grantor for such flagging or
watchman service as Grantor deems necessary for the protection of railroad
traffic. All such flagging and watchman service shall be provided by Grantor
at Grantee’s expense. The fact that Grantor provides such service shall not
relieve Grantee from any liability under this Agreement. Grantor's labor and
material additives are subject to change without notice to Grantee, and
Grantor shall be reimbursed based upon its labor and material additives
actually in effect as of the date of such service.
4) While performing any Work on the Structure, Grantee and its contractors
shall comply with the safety requirements of Grantor, as such requirements
may be amended from time to time Grantor's safety requirements are set
forth “Exhibit B” titled “MINIMUM SAFETY REQUIREMENTS FOR
CONTRACTORS WORKING ON RAILWAY PREMISES” and in Grantor 's current
safety handbook. One free copy of the current safety handbook will be
provided to the Grantee by the Grantor contact person. Additional copies
will be provided at Grantee's expense. Grantee shall be responsible for
ensuring that any person performing any Work for or on behalf of Grantee
shall comply with the Grantor safety requirements that would apply to a
employee of Grantor performing similar work.
5) Prior to the commencement of any Work, Grantee and every employee,
agent or subcontractor who carries out any work on the Premises shall
successfully complete the safety training available through the e-railsafe
program at www.e-railsafe.com in respect to requirements for Canadian
Pacific operations.
6) Grantee and every employee, agent or subcontractor who performs Work
on the Structure shall at all times wear and visibly display the identification
badge issued to them following successful completion of the e-railsafe
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Permanent Bridge Easement Page 5 of 13 Soo Line Railroad Company. Grantor
Hennepin County, Minnesota (MN-HENN-003346) City ofPlymouth, Grantee
safety training together with whatever additional identification materials
that Grantor may reasonably require.
7) Grantee, for itself and any of its contractors agrees to release, indemnify,
defend and hold harmless grantor and grantor's affiliated companies,
partners, successors, assigns, legal representatives, officers, directors,
shareholders, employees and agents (collectively, "Indemnitees") for, from
and against any and all claims, liabilities, fines, penalties, costs, damages,
losses, liens, causes of action, suits, demands, judgments and expenses
including, without limitation, court costs, attorneys' fees and costs of
investigation, removal and remediation and governmental oversight costs)
environmental or otherwise (collectively, "liabilities") of any nature, kind or
description of any person or entity directly or indirectly arising out of,
resulting from or related to (in whole or in part) any of the following:
5.3 Certain Work Close To Track Not Permitted; Lateral Support:
5.3.1 Unless otherwise agreed to in writing by Grantor, excavations, borings,
wells, pits, test holes, probe sites, and the like shall not be located closer
than 25 feet from the centerline of the nearest railroad track on or adjacent
to the Property nor shall it take or allow any action upon the Property that
would materially impair the lateral or subadjacent support of adjacent lands
or railroad tracks.;
5.3.2 Unless otherwise agreed to in writing by Grantor, drilling and excavating
equipment and related equipment shall not be located closer than 25 feet
from the nearest rail of any such track;
5.3.3 In the event that Grantor permits excavations, borings, wells, pits, test
holes, probe sites, or the like in close proximity to tracks, embankments or
other features providing lateral or subadjacent support to land or tracks,
then notwithstanding anything to the contrary in this Easement Agreement,
Grantee shall be responsible for designing and constructing at no cost to
Grantor any measure that is required to prevent the collapse, erosion or
impairment to said land or tracks.
5.4. Storm Water: Grantee shall not, without the advance written approval of
Grantor, make any changes to the Easement Area or Grantor’s adjacent
property (collectively “Property”) that would either increase the historic
flow rate of storm water from the Property or create an impediment to the
historic flow of storm water to the Property. Unless otherwise agreed in
writing, between Grantor and the Grantee it is understood and agreed that
Grantee shall at Grantee’s cost and expense be liable to Grantor for the
Page 69
Permanent Bridge Easement Page 6 of 13 Soo Line Railroad Company. Grantor
Hennepin County, Minnesota (MN-HENN-003346) City ofPlymouth, Grantee
construction, maintenance, repair and replacement upon the Property or
other land not belonging to Grantor such storm sewer lines, manholes,
mains, rip rap, boulders, wing walls, ditches and related appurtenances.
6.0 TAXES AND ASSESSMENTS: Grantee shall assume and pay any taxes or assessments
which may be levied by any competent authority by reason of the existence or use of the
Easement Area by Grantee or the presence of the Bridge.
7.0 LIABILITY, INDEMNITY AND INSURANCE:
7.1 Damage To Tracks, Facilities, And Equipment:
If any tracks, facilities, or equipment owned, used, or maintained by Grantor are
damaged in connection with the Work, Grantor shall repair (or arrange for the repair
of) such damage and Grantee shall pay the full cost of such repair within 30 days after
Grantor shall tender a bill therefor.
7.2. Assumption Of Risk: Grantee is fully aware of the dangers of working on and about
railroad property and railroad operations and knowingly and willingly assumes the risk
of harm (e.g., injury to or death of persons and damage to or destruction of property)
that may occur while on and about the Property. Without in any way limiting the
scope of the preceding sentence, Grantee assumes the risk that monitoring wells,
elevation bench marks, reference points, and other installations located on the
Property may be disturbed, damaged, or destroyed by Grantor or third persons, and
Grantee shall not make any claim against Grantor on account of same, even if such
disturbance, damage, or destruction arises from the negligence of Grantor or its
employees, agents, or invitees. Grantee assumes full responsibility for protecting its
installations and personal property from theft and vandalism while such installations
and personal property are on the Property.
7.3. Indemnity:
Subject to the limitations and immunities in Minnesota Statute Chapter 466, the Grantee shall
fully indemnify the Indemnified Parties (as hereafter defined) against any and all loss, damage,
liability, claims, suits, judgments, cost and expenses (including reasonable attorneys' and
witnesses' fees) in any manner arising (a) from injuries sustained by the Grantee or any of the
Grantee’s employees, contractor or contractors or invitees, including death at any time
resulting therefrom, while engaged in or about any of the above described activities or any
operation necessary, incidental or appurtenant thereto, whether liability for such injuries or
death be imposed under any so-called Workers' Compensation Law, or State or Federal Statue
of the Common Law, and (b) from injury to or death of any other person, including that of the
Indemnities, its employee, agents and representatives, arising from or growing out of any act or
omission of the Grantee, or the Grantee’s employees, contractor or contractors, or invites in
the exercise of the permission herein granted.
Page 70
Permanent Bridge Easement Page 7 of 13 Soo Line Railroad Company. Grantor
Hennepin County, Minnesota (MN-HENN-003346) City ofPlymouth, Grantee
Easement As used in this Agreement, Indemnified Parties means the following businesses
and their officers, directors, employees, and agents: Soo Line Railroad Company, Soo Line
Corporation, Canadian Pacific Railway Company, any company doing business as Canadian
Pacific Railway, and any railway company or contractor operating trains or rail equipment upon
railway tracks in close proximity to the Property, together with the parent companies,
subsidiaries, and affiliated companies of all of the foregoing.
7.4 In consideration for the grant of the Easement, without which it would not be granted,
Grantee assumes all risk of damage to or destruction of the Bridge through any cause
whatsoever while located upon and across the Easement Area, except from Grantor’s
willful malicious misconduct and covenants not to sue Grantor therefor.
7.5 Grantee shall procure and maintain in effect (or shall cause its contractor to procure
and maintain in effect), at any time when any portion of the Work is being performed,
the following insurance:
7.5.1. Comprehensive General Liability Insurance: Comprehensive general liability insurance
with a policy limit of not less than $5,000,000 per occurrence and $25,000,000
aggregate for bodily injury, death, and damage to or destruction of property (including
the loss of use thereof). The policy will include those policy extensions commonly
referred to as broad form completed operations, contractor's protective, collapse, and
underground damage. The policy shall by its wording or by endorsement insure those
liabilities and obligations which this Agreement contemplates will be assumed by
Grantee, including liabilities and obligations to indemnify the Indemnified Parties. The
policy shall be endorsed to require that Grantor be given not less than 30 days written
notice in advance of cancellation or termination of the policy or of any change or
amendment to the policy that restricts or reduces coverage. The policy shall be
endorsed with a cross liability (severability of interest) endorsement in substantially
the following form: "This policy shall insure each person, firm, or corporation
hereunder in the same manner and to the same extent as if a separate policy had
been issued to each, but the inclusion herein of more than one insured shall not
operate to increase the limits of the insurance company's liabilities." The policy shall
be endorsed to add the following as additional insureds: Soo Line Railroad Company,
Soo Line corporation Canadian Pacific Railway Company, any company doing business
as Canadian Pacific Railway, and any railway company or contractor operating trains
or rail equipment upon railway tracks in close proximity to the Property, together with
the parent companies, subsidiaries, and affiliated companies of all of the foregoing
collectively, the Protected Parties). The policy shall also be endorsed to waive
subrogation rights against the Protected Parties.
7.5.2. Automobile Liability and Property Damage Insurance: Automobile liability and
property damage insurance in an amount not less than $2,000,000, personal injury
and property damage combined, covering the ownership, use, and operation of any
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Permanent Bridge Easement Page 8 of 13 Soo Line Railroad Company. Grantor
Hennepin County, Minnesota (MN-HENN-003346) City ofPlymouth, Grantee
motor vehicles and trailers licensed for use on public highways which are owned,
leased, or controlled by Grantee or its contractor and used in connection with the
Work. The policy shall be endorsed to require that Grantor be given not less than
30 days written notice in advance of cancellation or termination of the policy or of
any change or amendment to the policy that restricts or reduces coverage.
7.5.3 Workers Compensation Insurance: Workers compensation insurance that meets
the requirements of applicable Minnesota law.
7.5.4 Railroad Protective Liability Insurance: Railroad protective liability insurance
occurrence form), in the name of Soo Line Railroad Company and Canadian Pacific
Railway Company, with limits of no less than $2,000,000 per occurrence and
6,000,000 aggregate for personal injury and property damage.
7.5.5. Contractual Endorsement: Each policy of insurance shall include the following
endorsement upon the certificate, or within the binder, policy or other contractual
evidence signed by the insurer and in form acceptable to Grantor:
It is agreed that the policy or policies of insurance evidenced by this certificate
covers the liability assumed by the insured in connection with work pursuant to the
Easement Agreement dated _______________, 2016 by and between City of
Plymouth and Soo Line Railroad Company, including work upon railroad property,
within railroad right of way and in close proximity operating railroad tracks.”
Before Grantee enters the Property, Grantor must receive and approve certificates of insurance
evidencing the coverages required by sections 7.5.1, 7.5.2, 7.5.3, 7.5.4, and endorsement
required by section 7.5.5. Grantor reserves the right to demand a certified copy of any required
policy, and Grantee or its contractor shall provide such copy within 10 working days after
Grantor shall give notice to Grantee demanding such copy. All of the required policies shall be
issued by insurers acceptable to Grantor and shall be acceptable to Grantor in both form and
substance. Grantee shall not enter the Property until all of the required policies have been
approved in writing by Grantor. If the comprehensive general liability and automobile policies
are procured by Grantee's contractor, Grantee shall be added as an additional insured party
under such policies. If the contractor uses a subcontractor, the contractor shall provide the
required policies and shall, in addition, either require the subcontractor to provide insurance
equivalent to that described herein, or obtain endorsements to the contractor's policies naming
the subcontractor as an additional insured party. If a subcontractor uses a sub-subcontractor,
the sub-subcontractor shall either provide insurance equivalent to that required of the
subcontractor or shall be named as an additional insured party on the contractor's or
subcontractor's policies. In the event any required policy lapses, Grantee shall have thirty (30)
days (or such longer period as may be reasonably required) to promptly initiate and obtain
policy coverages required by Sections 7.5.1, 7.5.2, 7.5.3, 7.5.4 and endorsement required by
section 7.5.5, so long as Grantee diligently prosecutes obtaining policy coverages to
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Permanent Bridge Easement Page 9 of 13 Soo Line Railroad Company. Grantor
Hennepin County, Minnesota (MN-HENN-003346) City ofPlymouth, Grantee
completion. If Grantee is unable or unwilling to obtain policy coverages, then this Easement
shall therewith be terminated pursuant to Section 4.
8.ENVIRONMENTAL:
8.1 The Grantee:
8.1.1 shall be familiar with the requirements of, comply with, and secure at the
Grantee’s own expense any permits or licenses required by, all applicable laws,
regulations, ordinances, and standards, including without limitation all
Environmental Laws;
8.1.2 shall, upon written request by the Grantor (but only in such circumstances where
Grantor has reasonably reliable information that the Easement Area has been
contaminated), provide the Grantor with the results of appropriate reports and
tests from a qualified engineer to demonstrate that the Grantee has complied with
all Environmental Laws relating to the Easement Area;
8.1.3 shall not in any manner cause or allow the Easement Area to become a hazardous
waste treatment, storage or disposal facility within the meaning of, or otherwise
bring the Property within the ambit of the Resource Conservation and Recovery
Act, 42 U.S.C. 6901 et seq. or any similar state statute or local ordinance;
8.1.4 shall not, without prior written disclosure to and approval by the Grantor, Use or
authorize the Use of any Hazardous Substance on the Easement Area.
8.1.5 shall not cause or allow the Release or threat of Release of any Hazardous
Substance on, to, or from the Easement Area;
8.1.6 shall promptly notify the Grantor of any actual or suspected Release of any
Hazardous Substance on, to, or from the Easement Area, regardless of the cause of
the Release;
8.1.7 shall promptly provide the Grantor with copies of all summons, citations,
directives, information inquiries or requests, notices of potential responsibility,
notices of violation or deficiency, orders or decrees, claims, causes of action,
complaints, investigations, judgments, letters, notices of environmental liens or
Response actions in progress, and other communications, written or oral, actual or
threatened, from the United States Environmental Protection Agency, the United
States Occupational Safety and Health Administration, or other federal, state or
local agency or authority, or any other entity or individual, concerning any Release
of a Hazardous Substance on, to or from the Property, or any alleged violation of or
responsibility under any Environmental Law relating to the Property; and
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Permanent Bridge Easement Page 10 of 13 Soo Line Railroad Company. Grantor
Hennepin County, Minnesota (MN-HENN-003346) City ofPlymouth, Grantee
8.1.8 shall promptly take all necessary action in Response to any Release or Use of a
Hazardous Substance at the Property that gives rise to any liability, claim, cause of
action, obligation, demand, fine, penalty, loss, judgment or expense under any
Environmental Law, or causes a significant public health or workplace effect, or
creates a nuisance.
8.1.9 As used in this Section, the following terms have the following definitions:
i) “Claim” or “Claims” means any and all liabilities, suits, claims, counterclaims,
causes of action, demands, penalties, debts, obligations, promises, acts, fines,
judgments, damages, consequential damages, losses, costs, and expenses of
every kind (including without limitation any attorney’s fees, consultants’ fees,
response costs, remedial action costs, cleanup costs and expenses which may be
related to any Claims);
ii) “Environmental Law” or “Environmental Laws” means the Comprehensive
Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. '
9601 et seq., the Resource Conservation and Recovery Act, 42 U.S.C. ' 6901 et
seq., the Federal Water Pollution Control Act, 33 U.S.C. ' 1251 et seq., the Clean
Water Act, 33 U.S.C. ' 1321 et seq., the Clean Air Act, 42 U.S.C. ' 7401 et seq., the
Toxic Substances Control Act, 15 U.S.C. ' 2601 et seq., all as amended from time
to time, and any other federal, state, local or other governmental statute,
regulation, rule, law or ordinance dealing with the protection of human health,
safety, natural resources or the environment now existing or hereafter enacted;
iii) “Hazardous Substance” or "Hazardous Substances" means any petroleum
product, distillate, or fraction, radioactive material, chemical known to the
Federal Government or the State of Minnesota to cause cancer or reproductive
toxicity, polychlorinated biphenyl or any other chemical, substance or material
listed or identified in or regulated by an Environmental Law of the United States
or the State of Minnesota including but not limited to Federal or Minnesota
hazardous waste laws;
iv) “Release” or “Released” means any actual or threatened spilling, leaking,
pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching,
dumping, disposing or spreading of any Hazardous Substance into the
environment, as “Environment” is defined in CERCLA;
v) “Response” or “Respond” means action taken in compliance with Environmental
Laws to correct, remove, remediate, cleanup, prevent, mitigate, monitor,
evaluate, investigate, assess or abate the Release of a Hazardous Substance;
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Permanent Bridge Easement Page 11 of 13 Soo Line Railroad Company. Grantor
Hennepin County, Minnesota (MN-HENN-003346) City ofPlymouth, Grantee
vi) “Use” means to manage, generate, manufacture, process, treat, store, use, re -
use, refine, recycle, reclaim, blend or burn for energy recovery, incinerate,
accumulate speculatively, transport, transfer, dispose of, or abandon a
Hazardous Substance.
9.MISCELLANEOUS:
9.1 Grantee/Grantor: As used in this Agreement, the terms “Grantee” and “Grantor” shall
include the parties first named above and their respective successors or assigns.
9.2 Headings: The paragraph headings used in this Agreement are used solely for the
purpose of convenience. They are not intended to, and do not, modify or limit the
wording of the paragraphs to which they are appended, and they shall not be used or
construed as guides to the interpretation of said paragraphs.
9.3 Severability of Terms: Each provision, paragraph, sentence, clause, phrase, and word
of this Agreement shall apply to the extent permitted by applicable law and is
intended to be severable. If any provision, paragraph, sentence, clause, phrase or
word of this indenture is illegal or invalid for any reason whatsoever, such illegality or
invalidity shall not affect the legality or validity of the remainder of this Agreement.
9.4 No Waiver: Any act or omission constituting a breach of this Agreement shall be
limited to such act or omission and shall not be construed as a permanent or
continuing waiver thereof;
9.5 Notices: Any notice given by a party pursuant to this Agreement, shall be good if
served upon the other party, or if deposited in a United States post office, certified
mail, addressed to the other party at its last known address.
9.6 Merger: This Agreement completely outlines all of the rights, responsibilities, and
obligations of the parties hereto and said indenture may not be amended or altered
except by an instrument in writing signed by both parties. Furthermore, this
Agreement merges all prior oral representations and negotiations of the parties
hereto.
9.7 No Warranty: Grantor does not warrant title to the Easement Area, and makes no
representations or warranties, express or implied, as to the habitability of the
Easement Area or the fitness of the Easement Area for Grantee’s purpose or any other
particular purpose.
9.8 Property: When used herein, the term “Property” shall mean the Easement Area
together with any other adjacent land or personal property located thereon belonging
or in the control of Grantor.
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Permanent Bridge Easement Page 12 of 13 Soo Line Railroad Company. Grantor
Hennepin County, Minnesota (MN-HENN-003346) City ofPlymouth, Grantee
9.9 Minnesota Law: This Agreement shall be governed by the laws of the State of
Minnesota. Grantee, at its cost, may cause a copy of this Agreement to be recorded
with the Hennepin County Recorder.
THIS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns
of the Grantor and the Grantee.
GRANT:
SOO LINE RAILROAD COMPANY
doing business as Canadian Pacific
By:___________________________________
David S. Drach
Its: Director Sales & Acquisitions US
STATE OF MINNESOTA )
ss:
COUNTY OF HENNEPIN )
The foregoing Temporary Easement was acknowledged before me this _____ day of
2016, by David S. Drach, Director Sales & Acquisitions US, of Soo Line Railroad
Company, a corporation under the laws of the State of Minnesota, on behalf of the corporation.
Notary Seal Notary Public
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Permanent Bridge Easement Page 13 of 13 Soo Line Railroad Company. Grantor
Hennepin County, Minnesota (MN-HENN-003346) City ofPlymouth, Grantee
ACCEPTANCE:
CITY OF PLYMOUTH
By:___________________________________
Kelli Slavik, Mayor
By:___________________________________
Dave Callister, City Manager
STATE OF MINNESOTA )
ss:
COUNTY OF HENNEPIN )
The foregoing Permanent Bridge Easement was acknowledged before me this _____ day of
2016, by Kelli Slavik and by Dave Callister, the Mayor and City Manager of the
City of Plymouth, a Minnesota municipal corporation, on behalf of the corporation and
pursuant to the authority granted by its City Council.
Notary Seal Notary Public
This instrument was drafted by:
Nikol R. Daniels
Real Estate Department
Canadian Pacific
900 Canadian Pacific Plaza
120 South Sixth Street
Minneapolis, Minnesota 55402
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185514v4
EXHIBIT C
Depiction of Construction Areas
Page 78
185514v4
EXHIBIT D
Identify Flagging and Watchman Protection
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MINIMUM SAFETY REQUIREMENTS FOR CONTRACTORS
WORKING ON RAILWAY PROPERTY
April 2007
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Canadian Pacific’s Minimum Safety Requirements for Contractors Working on Railway Property is
the minimum safety requirements to be followed at all Times.
Note –
Prior to the commencement of any work at the worksite, a local safety orientation must be conducted in
conjunction with Canadian Pacific and shall include the following:
Hazard identification / risk assessment of hazards inherent in the work to be undertaken or
generated by the work processes to be used.
Various controls used to mitigate risk of the hazards present both as a result of the railway
and contractor work processes.
Local communication procedures including emergency call-out / response.
Local evacuation procedures.
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TABLE OF CONTENTS
SR1 INTRODUCTION .......................................................................................................... 4
SR2 GENERAL ..................................................................................................................... 4
SR3 PERSONAL ATTIRE ................................................................................................... 4
SR4 PERSONAL PROTECTIVE EQUIPMENT ............................................................... 4
SR5 PERSONAL CONDUCT ............................................................................................. 5
SR6 PROTECTION OF RAILWAY TRAFFIC AND PROPERTY ................................. 6
SR7 TRAIN MOVEMENTS AND WORKING NEAR TRACKS .................................... 7
SR8 TOOLS, EQUIPMENT AND MACHINERY .............................................................. 9
SR9 CRANES ...................................................................................................................... 10
SR10 CLEANUP, ENVIRONMENT AND FIRE PREVENTION .................................... 11
SR11 HAZARDOUS MATERIALS and RESPONSIBLE CARE .................................. 11
SR12 FIRST AID, INCIDENT AND ACCIDENT REPORTING ..................................... 12
SR13 JOB BRIEFINGS ....................................................................................................... 13
SR14 CONTRACTOR SAFETY POLICY ......................................................................... 14
SR15 CONSTRUCTION SAFETY PLAN ......................................................................... 14
SR16 COMPLIANCE WITH SAFETY REQUIREMENTS ............................................. 16
TABLE A - EMERGENCY INFORMATION SHEET
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SR1 INTRODUCTION
1.1 At Canadian Pacific (“CP”), safety is an integral part of the way we do business. We expect
everyone working on Canadian Pacific’s property (“Railway property”) to be unconditionally
committed to safety. Safety must be given top priority and will take precedence over
deadlines, production schedules, and all other considerations.
SR2 GENERAL
2.1 The Contractor shall be solely responsible for the safety of it’s agents, employees and
subcontractors (“Contractor Personnel”).
2.2 The Contractor shall comply with all applicable health and safety legislation, regulations
and codes applicable to the work.
2.3 The Contractor shall ensure that all Contractor’s Personnel comply with the following safety
requirements when working on Railway property. The Contractor shall have a copy of the
following documents on site at all times:
2.3.1 Canadian Pacific’s Minimum Safety Requirements for Contractors Working on
Railway Property.
2.3.2 Contractor’s construction safety plan pursuant to section SR15 (if applicable).
2.3.3 Contractor’s Emergency Information Sheet pursuant to section SR15.
2.3.4 Contractor’s safety policies, rules and work procedures pursuant to SR14.
2.4 Access to Railway property for any Contractor Personnel is at CP’s sole discretion. Such
access is only for the purpose of Contractor Personnel performing services for CP, and
only for the duration of Contractor’s contract with CP. The Contractor shall ensure that
Contractor Personnel wear appropriate Contractor photo identification and/or visitor tags
while on Railway property, and have appropriate documentation to verify the services
being performed for CP. The Contractor shall ensure that Contractor Personnel comply
with CP’s instructions regarding security restrictions or other restrictions resulting from
emergent conditions.
SR3 PERSONAL ATTIRE
3.1 The Contractor shall ensure that Contractor Personnel wear clothing required by
applicable legislation, regulation and codes and is suitable to perform job functions
safely, protect against hazards to the skin and adequate for existing weather conditions.
SR4 PERSONAL PROTECTIVE EQUIPMENT
4.1 The Contractor shall ensure that Contractor Personnel wear personal protective
equipment required by applicable legislation, regulations, codes and as necessary to
protect against personal injuries while on Railway property, and in accordance with this
Article SR4. All personal protective equipment shall be approved by the Canadian
Standards Associations (CSA) or by the American National Standards Institute (ANSI),
and shall be in good condition and be properly fitted.
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4.2 The following mandatory protective equipment shall be supplied by the Contractor at its
own expense, and Contractor shall ensure that it is worn by Contractor Personnel on
Railway property:
4.2.1 Safety hard hat shall be worn at all times, except inside enclosed vehicles or
equipment.
4.2.2 Safety boots shall be worn at all times. They must have puncture resistant soles and
meet CSA Z195 Grade One Green Triangle (Canada), or US ANSI Z41, Section 5
standards.
4.2.3 Safety glasses with permanently attached side shields that meet CSA Standard 94.3
in Canada) and ANSI Standard 87.1 (in the US) must be worn at all times, except
inside office buildings*** and inside enclosed cabs of vehicles.
Safety glassesas specified above must beworn in office buildings, if the task being performed, results
in a riskof injury to the eyes (i.e. construction relatedtasks, working with electrical hazards, etc.).
Additional eye and face protection equipment is to be worn as determined necessary
by the Contractor, based upon the contractor's risk assessment.
Under special circumstances, whereby, the wearing of safety glasses will hinder
specialized work being performed by the contractor or that the safety can be
improved for the contracted employee(s) by varying from the standard outline above,
the wearing of such will be determined by the Contractor, based upon the contractor's
risk assessment.
4.2.4 Hearing protectors shall be worn in all designated locations and as required by any
applicable governing legislation, regulations, and codes.
4.2.5 Appropriate respirators shall be worn whenever work processes create airborne
particulates (i.e. dust, mist, vapour or fumes).
4.2.6 High visibility fluorescent work wear with reflective striping (CSA (Canada) or ANSI
US) approved preferred) shall be worn when on Railway property.
High visibility work wear must not be covered by other clothing or equipment, except
where necessary for safety reasons such as where fall protection or pole climbing
equipment is being used.
SR5 PERSONAL CONDUCT
5.1 Entry upon Railway property when in possession of, or under the influence of intoxicants,
narcotics, controlled substances or medication which may in any way adversely affect
alertness, concentration, reaction response time or safety is prohibited. Contractors must
have appropriate programs and processes in place to ensure that Contractor Personnel are
in compliance with this requirement.
5.2 Possessing or using any alcoholic beverage or drug is prohibited when working on Railway
property:
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5.3 CP is committed to providing and maintaining a work environment that supports the dignity of
all individuals and will not tolerate any discrimination, harassment or violence in the
workplace. Contractor shall ensure that Contractor Personnel conduct themselves in a
manner consistent with these principles.
5.4 Smoking is prohibited in all buildings and on all Railway property, except where CP
management has designated an outdoor smoking area.
SR6 PROTECTION OF RAILWAY TRAFFIC AND PROPERTY
6.1 The work shall be organized and executed in such a manner as to ensure no
interference with the regularity and safety of railway operations. No step in any
sequence of operations which might either directly or indirectly affect the regularity or
safety of railway traffic shall be started until approval of the project manager has been
obtained. No temporary structure, materials, or equipment shall be permitted closer than
12 feet (3.66 meters) to the nearest rail of any track without prior approval in writing of
the project manager.
6.2 No work shall be done on or above, or use made of, any trackage without approval by
the project manager and then only under the direct supervision of a qualified CP
flagperson, or unless they are specifically authorized and qualified to perform said work.
6.3 The Contractor shall, at all times, conduct its operations in a wholly responsible manner
to avoid damage to the CP’s trackage or property.
6.4 Signs, signals and flags necessary for the safe operation of the railway shall not be
obstructed, removed, relocated, or altered in any way without proper authorization. Blue
flag protection on tracks signifies CP employees are on, under or between rolling stock
equipment. Blue flags are important safety devices and must not be touched or
obstructed.
6.5 Only qualified personnel are permitted to operate switches, derails, electric locking
mechanisms or other appliances. The Contractor shall keep equipment, material and
Contractor Personnel clear of this equipment at all times. Neither the Contractor nor
Contractor Personnel shall operate or tamper with any signal or communication systems
or any other railway safety devices unless specifically authorized and qualified.
6.6 While railway traffic is passing through, within 50 feet of the work area, the mechanisms
for securing rotating equipment must be used to prevent rotational movement. Buckets
on shovels must be lowered to the ground to rest. Operators shall get out of their
equipment and position themselves in a safe area 20 feet from the track as a minimum
where possible.
When working in multi-track territory Operators shall exit to the non-live side of the track
and position themselves in a safe area 20 feet from the track as a minimum where
possible (do not stand on or between adjacent tracks).
6.7 Construction equipment parked on Railway property on nights or weekends shall be
secured in a safe position well clear of all tracks to prevent accidental contact with trains
and moving equipment and to not restrict train crew sightlines. As much as possible,
materials shall be stored in locations where they are not subject to public viewing in
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order to prevent vandals from using them to cause derailments or damage to Railway
property. Scrap materials shall be disposed of as soon as possible. The Contractor shall
consult with CP personnel to determine the best location to store equipment and
materials.
6.8 Before starting excavation operations, the Contractor shall ascertain that there are no
underground wires, fibre optic cables, pipelines or other facilities which could be
damaged or , if present, that such installations are properly protected. Fibre optic cables
are present on most segments of the right-of-way. Prior to commencing any excavation,
the Contractor shall contact the proper authority to obtain the necessary permit and to
locate and protect such cables.
Excavations shall not be left unattended unless they are properly protected; and the CP
supervisor shall be notified.
6.9 Railway pole lines carry electric power and should be treated as any other power lines.
6.10 Any Contractor Personnel discovering a hazardous or potentially unsafe condition which
may affect the safe passage of railway traffic must advise CP immediately:
In Canada – Network Management Centre (NMC) Calgary 1-800-795-7851
In the US – Operations Centre Minneapolis – 1-800-SOO-HELP (1-800-766-4357)
SR7 TRAIN MOVEMENTS AND WORKING NEAR TRACKS
7.1 The Contractor shall ensure that all Contractor Personnel are aware of and comply with
the following safety rules which apply to working near railway tracks:
7.1.1 Personnel shall be alert to train movement shall expect the movement of trains,
engines, cars, or other moveable equipment at any time, on any track, and in any
direction, even cars on sidings that appear to be stationary or in storage. Stay at
least 50 feet (15 meters) away from the ends of stationary cars when crossing
the track, and never climb on, under or between cars. To cross tracks, personnel
shall look both ways, and if the tracks are clear, walk at a right angle to them.
7.1.2 Personnel shall not rely on others to protect them from train movement. The
responsibility is theirs for safety on the railway.
7.1.3 Personnel shall not stand on the track in front of an approaching engine, car or
other equipment.
7.1.4 Personnel shall be aware of the location of structures or obstructions where
clearances are close.
7.1.5 Personnel shall not stand or walk on railroad tracks, either between the rails or
on the ends of ties unless absolutely necessary. Personnel shall stay clear of
tracks whenever possible.
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7.1.6 Within the United States, “ON TRACK SAFETY” rules apply. This is a
set of rules, which were developed and promulgated by the Federal Railroad
Administration (FRA 49 CFR Part 214, Subpart C - Roadway Worker Protection
Regulations). The On Track Safety rules apply to contractors to a railroad who
perform inspection, maintenance or repair to railroad facilities. These rules and
procedures must be complied with to work on or near Railroad property. Specific
training and obedience to these rules and procedures are a requirement of the
FRA. Significant willful fines can result from the violation of these rules.
Please refer to Canadian Pacific’s General Requirement for Contractors On
Track Safety Procedures.
Contractors will not be allowed to foul a track unless:
o They have been properly advised of the On Track Safety awareness procedures;
o A railway employee who is qualified to provide protection is present at the work site.
Fouling Track - The placement of an individual or an item of equipment in such
proximity to a track that the individual or equipment could be struck by a
moving train or track unit or in any case within four (4) feet of the field
side of the nearest rail.
7.1.7 No work activities or processes are allowed within 50 feet (15 meters) of the track
centerline while trains are passing through the work site unless specifically
authorized. Personnel shall always, where possible, stand at least 20 feet back
from the track(s), to prevent injury from flying debris or loose rigging. Also,
personnel shall observe the train as it passes and be prepared to take evasive
action in the event of an emergency.
7.1.8 Personnel shall not remain in a vehicle that is within 50 feet (15 meters) of a
passing train, and shall not drive near moving trains. Personnel shall move
vehicles away from the tracks at least 50 feet (15.24 meters) unless specifically
authorized, or park the vehicle away from the tracks and walk to a safe distance
whenever trains pass.
7.1.9 Personnel shall not stand on or between adjacent tracks in multiple track territory
when a train is passing. Personnel shall be especially alert in yards and terminal
areas as engines may be pushing cars, cars may be moving without any engine
attached and engine/cars change tracks often.
7.1.10 Personnel shall not walk, stand or sit on the rails. As the rail surface can be
extremely slippery, personnel must step over the rails when crossing tracks.
Personnel shall also be aware railway ties can also be slippery and that railway
ballast can shift while walking on top of it.
Personnel shall stay away from track switches as remotely operated switch
points can move unexpectedly with enough force to crush ballast rock.
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Personnel shall stay away from any other railway devices they are unsure of.
Personnel shall not disturb or foul the ballast at any time.
7.1.11 Personnel shall not foul the track with any piece of equipment without a CP
flagperson and proper protection.
7.1.12 Certain projects will require the assistance of a qualified flagperson. The
decision as to where flagpersons are required rests with CP. One week advance
notice is required before entering Railway property so that flagging protection
requirements may be determined and arranged for.
7.1.13 Good communication between Contractor Personnel and CP’s flagperson is
imperative. Everyone must have knowledge of the flagging limits, time limits and
location to clear for any train movements. CP’s flagperson will be responsible for
clearing any movement of workers and equipment near the tracks, no matter how
minor.
7.1.14 Contractor Personnel shall not interfere with a CP’s flagperson who is
communicating by radio with the dispatcher or other CP employees. Personnel
shall wait until the flagperson is finished and able to give them full attention.
Personnel shall not assume a move is cleared by something overheard on a
radio conversation.
7.1.15 Personnel shall not move equipment across the tracks except at established road
crossings, or unless under the protection and authorization of a CP flagperson
and only if the job site has been properly prepared for such a move. Tracked
equipment will require a CP flagperson any time railroad tracks are crossed.
7.1.16 Personnel shall not move equipment across railroad bridges or through tunnels,
except as expressly agreed by CP, and under such conditions as stipulated by
CP, including without limitation, a CP flagperson.
7.1.17 The Contractor shall keep all Contractor personnel informed of current weather
conditions. Personnel shall stay alert for possible high water conditions or flash
floods. During severe weather conditions:
Personnel shall be prepared to take cover in
the event of a tornado.
Personnel shall not work while lightning is occurring;
If storm conditions arise unexpectedly, Contractor Personnel shall ensure that
equipment is in the clear of the tracks and secured before seeking cover.
Contractor Personnel shall stay away from railroad tracks when visibility is
poor, such as during fog or blizzard conditions.
SR8 TOOLS, EQUIPMENT AND MACHINERY
8.1 All Contractor equipment, machinery and highway vehicles must:
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Be in good working order (including lights and safety devices such as back-up
alarms) and properly serviced and maintained;
Be safe for their proposed use;
Be equipped with appropriate emergency equipment (examples include fire
extinguisher, first aid kit;) based upon Contractor’s risk assessment;
Comply with all applicable legislation, regulations and codes.
8.2 Drivers of highway vehicles must be in possession of a valid driver’s license of the
proper class of the vehicle being operated. The use of seat belts is mandatory for all
drivers and passengers. Operators of vehicles and construction equipment must keep
their headlights on at all times and observe all facility/area’s speed limits and traffic
rules. Unless otherwise posted, the speed limit on the CP’s roads is 15 mph (24 km/h)
or less as conditions warrant.
8.3 Unless authorized in writing, contractors’ employees are not permitted to operate or ride
on any CP rolling stock and shall not be carried in CP vehicles except in case of an
emergency or unless specifically authorized.
8.4 Tools must be used only for the purpose for which they are designed. Defective tools
must be repaired or replaced.
8.5 Machinery and equipment must be operated and maintained only by persons properly
trained and qualified for that duty.
8.6 All equipment shall be in compliance with applicable legislation, regulations and codes
and be equipped with appropriate safety apparatus. In particular, all mobile equipment,
including excavators, shall be equipped with beacons and backup alarms.
8.7 The Contractor shall provide adequate lighting when performing work between sunset
and sunrise.
SR9 CRANES
9.1 The Contractor shall ensure that its cranes and their operation by Contractor Personnel
are in compliance with applicable legislation, regulations and codes and be equipped
with appropriate safety apparatus. A copy of the latest annual crane inspection shall be
provided to CP prior to the commencement of work.
9.2 All cranes shall be equipped with anti-two-blocking devices and safety latches on every
hook.
9.3 All lifting apparatus such as steel cables, nylon slings, chains, shackles, etc., must be
safety certified.
9.4 The Contractor shall conduct any work in proximity to power lines in such a manner that
permits/procedures as required under applicable legislation, regulations and codes are
adhered to.
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9.5 While railway traffic is passing through the work area, loads on cranes must be lowered
to the ground to rest. Cranes without bucket or load must have their load line tightened
or retracted to prevent movement.
9.6 Cranes parked on Railway property on nights or weekends shall be secured in a safe
position well clear of all tracks to prevent accidental contact with trains and moving
equipment and to not restrict train crew sightlines. Consult with CP personnel to
determine the best location to store equipment and materials. Crane booms shall be
lowered onto ground supports so that it will be impossible for them to rotate and cause a
track to be fouled.
SR10 CLEANUP, ENVIRONMENT ANDFIRE PREVENTION
10.1 The Contractor shall take care to avoid any hazardous, unsafe, unhealthy or
environmentally unsound condition, activity or spill on Railway property. The Contractor
shall maintain Railway property in a tidy condition and free from the accumulation of
waste products and debris. The Contractor shall not permit any debris, products used in
the work, or water used to rinse out equipment, to be discharged or spilled on Railway
property or into any adjacent lands, ditches, streams, ponds, sewers, etc.
10.2 The Contractor shall ensure that Contractor Personnel take all necessary precautions to
prevent fires. All flammable material such as paper, rubbish, sawdust, oily or greasy
rags, etc. must be kept away from buildings, structures and other facilities subject to fire
damage. All flammable material must be disposed of daily by Contractor.
10.3 Storing or transporting fuel or gasoline in unapproved containers is prohibited.
10.4 If possible, the use of cutting or welding torches must be avoided during the last one-half
hour of shifts.
10.5 Suitable, charged fire extinguishers and/or full water pump cans must be readily
available at all times on the work site. Where the Contractor is working on the right-of-
way or other property where a fire risk exists, the Contractor shall have appropriate fire
prevention and suppression plan (including emergency numbers for CP, local firefighters
and fire control districts) as well as such additional fire fighting equipment and trained
Contractor Personnel on site, as required by provincial regulations, codes and
guidelines.
10.6 CPR’s representative must be advised promptly of any fire. Such fire must be fully
extinguished or protection provided prior to leaving the work site.
10.7 Upon completion of the work, the Contractor shall remove his surplus materials and
equipment from Railway property. The Contractor shall also remove all waste products
and debris, including rinse out water, and leave Railway property clean and suitable for
occupancy.
SR11 HAZARDOUSMATERIALS and RESPONSIBLECARE
11.1 If chemicals are required by the Contractor to carry out its contractual obligations, the
Contractor must ensure that the transport, label, use and storage of any chemicals are in
accordance with all applicable laws, regulations and codes.
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11.2 For all chemicals to be used, the Contractor must have available on site the latest
Material Safety Data Sheet (MSDS) and provide CP with a list of employees’ names who
have been trained in Workplace Hazardous Materials Information System (WHMIS), or
in OSHA’s Hazard Communication Standard.
11.3 A current emergency response plan must be maintained by the Contractor and made
available upon request to CP. Emergency response plans must include at a minimum:
Contractor reporting procedures in the event of an incident or spill;
Emergency response contacts and phone numbers;
Incident reporting phone numbers including phone numbers for CP incident
reporting and local CP personnel.
Any Contractor Personnel discovering a hazardous or potentially unsafe
condition which may affect the safe passage of railway traffic or reporting
an emergency or spill must advise CP immediately at:
In Canada,
Network Management Centre (NMC) Calgary 1-800-795-7851
In the US,
Operations Center Minneapolis – 1-800-SOO-HELP (1-800-766-4357)
Canadian Pacific Police Services – 1-800-716-9132
11.4 In the event of an incident or spill, The Contractor must take all reasonable actions to
contain the spill and respond in accordance with its emergency response plan.
11.5 The Contractor shall dispose of all chemicals and surplus waste materials in accordance
with all relevant legislation, regulations and codes.
11.6 In addition to compliance with all applicable legislation, regulations and codes and as
part of CP’s commitment to Responsible Care (an initiative by the chemical industry to
which CP is a Responsible Care partner), contractors must have appropriate systems
and controls in place to mitigate potential environmental, health and safety risks while
using chemicals on Railway property. CP will provide Contractor with information
regarding Responsible Care upon request from Contractor.
SR12 FIRST AID, INCIDENTAND ACCIDENTREPORTING
12.1 The Contractor must have a first aid kit, of a size suitable for the crew, available in the
immediate vicinity of the work site. It must be examined by the Contractor prior to the
commencement of work, after each use and regularly each month to ensure that it is
properly equipped. Any missing or altered articles must be promptly replaced by the
Contractor.
12.2 Where required, other first aid equipment such as stretchers, emergency showers, eye
wash stations, etc. must be made available by Contractor at the work site.
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12.3 All accidents, personal injury, occupational illness, damage to Railway property or customer
property, and incidents, such as environmental spills, must be reported promptly by the
Contractor to CP. The Contractor shall provide CPR with as much detailed information as
possible, including:
Time of incident;
Location of incident;
Extent of injuries and/or damage;
Description of incident including the cause of incident, if known; and
Contractor’s name and telephone number.
Canadian Pacific Emergency Numbers
In Canada,
Network Management Centre (NMC) Calgary 1-800-795-7851
In the US,
Operations Center Minneapolis – 1-800-SOO-HELP (1-800-766-4357)
Canadian Pacific Police Services – 1-800-716-9132
In the event of an environmental spill or any spill that could have a negative impact on the
environment, the Contractor shall also provide CP with the following information:
Description of location and surrounding area, including any sensitive
environmental areas nearby (e.g., rivers, parks, sewers);
Type and quantity of substance released;
Cause of spill or deposit, if known; and
Details of any immediate action taken or action proposed to be taken to contain
spill and recover substance.
12.4 Security concerns and security incidents (i.e. theft, vandalism, bribery, stalking, assault or
other incidents that may cause injury or property damage, or involve criminal activity) must be
reported by Contractor to the Canadian Pacific Police Service 1-800-716-9132.
SR13 JOBBRIEFINGS
13.1 When required by CP or by the Contractor, a job briefing must be conducted.
13.2 The Contractor Personnel performing services on Railway property must participate in
the job briefing and any such individuals who are not able to be present at the main
briefing, must attend a separate briefing. Contractor must ensure that all Contractor
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Personnel on the work site understand the content of the job briefing. CP
representative(s) or designates may attend at CP’s sole discretion and shall include the
participation of the CP Flagperson if present at the worksite.
13.3 The following topics should be covered in the job briefing:
Tasks to be accomplished;
Work location;
Contractor Personnel responsibilities;
Equipment to be used;
Specific safety reminder due to a hazardous condition;
Identification of all potential hazards specific to the area(s) in which they will be
working and the tasks they are performing;
Special instructions due to an unusual situation or practice;
Type of track protection along with it’s time and physical limits and identification of
CP’s employee responsible for the protection;
Emergency response plan/evacuation procedures.
SR14 CONTRACTOR SAFETY POLICY
14.1 Prior to the commencement of any work, the Contractor shall provide CP with its
applicable safety policies, rules and procedures.
SR15 CONSTRUCTION SAFETY PLAN
15.1 Prior to commencement of any construction work, the Contractor shall provide CP with a
Construction Safety Plan.
15.2 The Construction Safety Plan shall:
15.2.1 List and define the construction methods that will be used for each major phase
of the work and describe the process and safety procedures to be incorporated.
15.2.2 Integrate the necessary safeguards to be implemented in the work’s planning
schedules.
15.2.3 List all safety activities and their frequency including:
Contractor Personnel’s Review of:
Canadian Railway’s Minimum Safety Requirements for Contractors
Working on Railway Property;
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Contractor’s Safety Plan;
Contractor’s Emergency Information Sheet, and Emergency Response
Plan;
Contractor Personnel Orientation Meetings;
Site Hazard Assessments;
Site Inspections and Monitoring;
Safety Meetings.
15.2.4 Provide for each piece of heavy equipment to be used, such as loaders, excavators
and cranes, a summary of the Contractor Personnel’s experience, past performance
and safety tests, and list of previous accidents resulting from the equipment’s
operation.
15.2.5 Provide the layout of temporary construction buildings and facilities, including how the
Contractor will ensure safe use.
15.2.6 Provide details of emergency procedures for work near or over water. Emergency
equipment such as ring buoys, floating vests and, if physically possible, a powered
boat must be readily available in the downstream vicinity of the work site.
15.2.7 Provide details of safety procedures for blasting work. Explosive materials must
be handled, stored and used in accordance with all applicable legislation,
regulations and codes.
15.2.8 Provide details of safety procedures for work in confined spaces including:
Atmosphere test results;
Evaluation of hazard within the confined space;
Procedures for entering/existing the confined space;
Required protection equipment;
Emergency procedures and equipment.
Prior to entry of any Contractor Personnel into a confined space, Contractor shall
conduct such testing, and obtain such permits as required under applicable
legislation, regulations and codes. Contractor shall ensure Contractor Personnel
wear such additional protective equipment as determined necessary by the
Contractor, based upon the Contractor’s risk assessment of the space (examples
include full body harness, approved respirators, etc.).
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15.2.9 Provide the layout of cranes, proposed lifting procedures and other pertinent
information such as cranes’ capacity charts, working radius, loads, possible
obstacles or site restrictions, etc.
15.2.10 Provide an Emergency Information Sheet for notifying medical assistance,
emergency transportation and direction of rescue operations, including the
information identified in appended Table A. Copies of this document shall be
present on site at all times and be in a location readily accessible to all
Contractor Personnel on the site. Its content shall be reviewed at the beginning
of each week and when job location changes. The Contractor must ensure that
all Contractor Personnel on the work site are familiar with its contents.
15.3 The Safety Plan shall also include drawings and specifications prepared, sealed and
signed by a qualified professional engineer, for each of the following items, whenever
applicable to the work:
15.3.1 Details of the design, erection, use and inspection of fall prevention structures
such as scaffolding, work platforms and other staging. These are mandatory
wherever Contractor Personnel are working at heights in excess of 8 feet (2.44
meters), in Canada or 10 feet (3.05 meters), in the USA, above the nearest
permanent safe level or where a drowning hazard exists. This requirement does
not apply where pre-engineered scaffolding is used as a fall prevention device;
provided it is used in accordance with the manufacturer specifications and is
designed to meet all applicable legislation, regulations and codes.
Details of fall protection systems when it is physically impossible to provide safe
fall prevention structures or when working on a temporary structure more than 20
feet (6.10 meters) in Canada and as per health and safety legislation, regulations
and codes applicable to the work in the US, above the nearest permanent safe
level. Personal fall protection equipment shall include a CSA or ANSI approved
full body harness, lanyard and shock-absorbing device, attached to a CSA or
ANSI approved or engineered anchored lifeline or fixed anchor. The system shall
also provide a retrieval device or equipment readily available on the work site.
Safety nets are acceptable in lieu of personal fall protection equipment, if it is
impracticable to use a fall protection system. The Contractor shall also provide a
fall rescue plan to be used in accordance with any fall protection plan as
required.
15.3.2 Details of shoring systems for excavations, which may endanger nearby
Contractor Personnel or structures. Shoring systems shall be designed to comply
with applicable legislation, regulations and codes. Excavations must be properly
covered or barricaded with appropriate reflective equipment. Lights or flares must
be used where practicable.
SR16 COMPLIANCEWITH SAFETY REQUIREMENTS
16.1 If ever the Contractor’s Personnel do not comply with the safety requirements, the
Contractor’s site supervisor will be reminded of the requirements by the CP’s
representative. If Contractor Personnel refuses to comply with the safety requirements,
the Contractor will be required to ensure that such Contractor Personnel immediately
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leave the property, failing which CP maintains the right to require the Contractor
Personnel to immediately leave the property. Any working procedures not conforming to
the safety requirements will result in the closing down of the work site.
16.2 CP will not accept any claims for delays or lost time due to safety compliance or
procedures issues.
The above provisions and requirements may be amended from time to time by Canadian
Pacific.
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TABLEA - EMERGENCY INFORMATIONSHEET
WORK SITE INFORMATION
Work Site Location: (Mileage, Subdivision) (Address, Number and
Street)
Contractor’ Supervisor: (Name) (Title)
Site Telephone:
Emergency Site Access Route: (Provide sketch - showing
access roads, physical landmarks to
guide EMS to location)
Nearest Town:
Certified First Aid Attendant:
Location of First Aid Supplies at Site:
Location of Fire Extinguishing Equipment:
EMERGENCY CONTACT INFORMATION
EMERGENCY CONTACTS PHONE LOCATION
Railway Traffic Controller: ( )
Firefighter: ( )
Police: ( )
Ambulance: ( )
Hospital: ( )
Physician: ( )
Aircraft Service, (if applicable): ( )
Watercraft Service, (if applicable): ( )
Stretcher location at site: ( )
Location of WHIMS data sheets: ( )
Type and location of retrieval systems at bridges, (if applicable): ( )
Type and location of emergency equipment for work near or over
water, (if applicable): ( )
Employee(s) responsible for rescue operations, (if applicable): ( )
Designated Evacuation Vehicle: ( )
Emergency Evacuation Route, (Provide sketch): ( )
UTILITIES INFORMATION
UTILITIES CONTACT PHONE LOCATION
Natural Gas: ( )
Electrical: ( )
Fibre Optic Line:
Water & Sewer: ( )
Telephone: ( )
Cable System: ( )
Qualified employee(s) in: ( )
Confined Space Entry, (if applicable): ( )
Equipment requirements for Confined Space Entry, (if applicable): ( )
All job sites will be open to audits by CP Safety and Health representatives.
Date:
Signed:
Contractor’s Supervisor
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185514v4
EXHIBIT E
Right of Entry Agreement
Page 100
Right of Entry- 3rd Part Contstr. 454 v02.09 Page 1of 13 Soo Line Railroad Company
Plymouth, MN City of Plymouth, MN, Licensee
RIGHT OF ENTRY LICENSE AGREEMENT
THIS LICENSE AGREEMENT is made by and between
1.PARTIES:
SOO LINE RAILROAD COMPANY, a Minnesota Corporation doing business as Canadian Pacific with
general offices at:
Address Contact Info
900 Canadian Pacific Plaza
120 South Sixth Street
Minneapolis, Minnesota 55402
Name: Jim Krieger
Phone: (612) 330-4555
Fax: (612) 904-5917
Email: Jim_krieger@CPR.ca
hereinafter called “CP,”
and >
whose address is:
Address Contact Info
3400 Plymouth Blvd
Plymouth, MN 55447
Name: Jim Renneberg
Phone: (763) 509-5541
Fax: (763) 509-5510
Mobile:
Email: jjrenneberg@plymouthmn.gov
hereinafter called “Licensee.”
2. PROPERTY; SCHEDULE; GRANT OF LICENSE;
2.1. Property
CP hereby grants Licensee a license to enter in and upon certain property owned or controlled
by CP in
The City of Plymouth, MN
shown upon the map labeled Exhibit A that is attached hereto and made a part hereof (the
Property”)
2.2. Work Schedule:
for the sole for the purpose of performing, generally, the following activities:
Construction of new approach grades and a new bridge numbered 27BR99 to span the
existing at-grade public roadway, Vicksburg Lane N, crossing (FRA/ AAR 689118V).
within the scope and in the manner described in detail in the schedule labeled Exhibit B that is
attached hereto and made a part hereof (the “Work”).
2.3. Grant of License:
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Right of Entry- 3rd Part Contstr. 454 v02.09 Page 2of 13 Soo Line Railroad Company
Plymouth, MN City of Plymouth, MN, Licensee
This license is granted subject to all the terms and conditions set forth below and apply to all
Work and activities upon the Property that may be performed by Licensee through its
employees, agents, and contractors. For the purposes of this Agreement, the actions and
omissions of such employees, agents, and contractors shall be deemed the actions and
omissions of Licensee.
2.4. Agreement To Be Available At Work Site:
Licensee shall keep a copy of this Agreement at the Work site and shall make it available upon
demand by any employee or agent of CP.
3. TERM, EFFECTIVE DATE, EXPIRATION & TERMINATION
3.1. Term: The term of this Agreement shall
Commence at 12:01 am on March 1, 2016 the “Commencement Date;” and
Expire at 11:59 pm on June 25, 2016 the “Expiration Date;”
the “Term.” Upon agreement between CP and Licensee, the Term may be lengthen or
shorten without affecting any other provisions of this Agreement
3.2. Effective Date:
This Agreement shall be effective upon the date that it has been signed by both parties.
3.3. Expiration:
This Agreement will expire at the Expiration Date, or when the Work is completed, whichever
occurs first. Notwithstanding any other provision of this Agreement, the preceding sentence
shall not terminate or limit any claim by CP against Licensee arising prior to the Expiration
Date. If the Work includes monitoring wells, and if such wells remain on the Property after the
Expiration Date, this Agreement shall remain in effect for those wells until the earlier of the
following:
i) the date they are properly closed (i.e., sealed and abandoned in accordance with
applicable legal requirements) by Licensee or
ii) the date CP assumes ownership of such wells pursuant to section 10.8.
3.4. TERMINATION; EXCLUSION:
NOTHWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, this
Agreement is terminable by CP prior to the Expiration Date in the event Licensee breaches any
of its obligations under this Agreement. If CP elects to terminate this Agreement, it shall give
Licensee notice of termination, which notice shall specify the obligation or obligations breached
by Licensee; and this Agreement shall terminate > days after such notice is given (provided,
however, that this Agreement shall not terminate if the breach is cured within said >-day
period). This Agreement is also subject to early termination pursuant to paragraph 21. The
early termination of this Agreement shall not terminate or limit any claim by CP against
Licensee arising prior to such termination. If Licensee is in breach of any of its obligations
under this Agreement, any employee or agent of CP may order Licensee off the Property, in
which case Licensee shall immediately leave the Property; moreover, Licensee shall leave the
property immediately upon receipt of a notice given pursuant to this paragraph 3(D); and in
either case, Licensee shall not re-enter the Property until such time as the breach is cured.
4. PAYMENTS
4.1. License Fee.
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Right of Entry- 3rd Part Contstr. 454 v02.09 Page 3of 13 Soo Line Railroad Company
Plymouth, MN City of Plymouth, MN, Licensee
In consideration of the permissions herein granted, the Licensee shall with its execution hereof
pay to CP the sum of $0.00
4.2. Utilities.
Licensee shall assume and timely pay for any gas, electrical, telephone, computer, sewer,
water, storm water, waste or trash removal or any other service or commodity connected with
the Work, collectively “Utility Service.” If any Utility Service fee is in common with CP or
other parties, Licensee shall be liable for its proportionate share of any such Utility Service Fee
and upon receipt of a bill therefor, promptly pay CP or such other party for its share. It shall
be a default in the terms of this lease if it can be shown that Licensee has not made such
payments within 30 days if due to CP, or within 60 days if payable to any other party.
4.3. Mechanics' And Materialmen's Liens:
If any mechanics' or materialmen's lien, or similar lien, is asserted against the Property, or any
other property of CP, as a consequence of the Work, Licensee shall immediately satisfy,
defend, or obtain the release of such lien, all at Licensee's expense, and Licensee shall
indemnify and defend CP against any Claims arising out of or connected with such lien.
4.4. Additional Charges.
Licensee shall within 30 days of receipt of a bill therefor, pay to CP costs for flagging, track
changes or damage, or other such charges as may be provided by this Agreement or that CP
may reasonably impose in connection with Licensee’s Work.
4.5. Due Dates; Penalties; Other Charges
4.5.1. Due Dates
Any item, submission or payment required to be made shall be deemed timely made if
received by the other party on or before the specified due date, or prior to expiration of
the applicable period for compliance, submission or payment.
4.5.2. Late Fees
In addition to any amounts payable by Licensee to CP, Licensee shall pay CP a late fee
for any payment not timely made by Licensee. The late fee shall be at the rate for
overdue accounts set by CP’s Accounting Department that is in effect at the time that
that any such payment is due. Said late fee shall initially be an amount equal to 1% of
the invoice amount per month.
4.5.3. Fines & Service Fees
In addition to any other amounts payable by Licensee to CP, Licensee shall pay CP for
any bank fines or service incurred by it in connection with the handling, non-payment,
return or currency conversion incurred by CP in connection with processing of any
payment made by Licensee to CP.
4.6. Work At No Cost To CP:
The Work completed by Licensee shall be performed at no cost to CP.
5.CONTACT, NOTICES, ETC.
5.1. Contact Persons; Communications:
Communications pursuant to this Agreement shall be directed to the contact persons
designated in Section 1 or their designees. Either party may change its contact person, or the
address(es), telephone number, or fax number for the contact person, by notice to the other
party.
5.2. Notices:
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Right of Entry- 3rd Part Contstr. 454 v02.09 Page 4of 13 Soo Line Railroad Company
Plymouth, MN City of Plymouth, MN, Licensee
Except as otherwise provided in this Agreement, all notices pursuant to this Agreement shall
be in writing and shall be effective upon delivery to the address or fax number of the contact
person for the party to whom notice is being given. If notice is given by fax, the notice shall not
be deemed effective until received in legible form.
5.3. Notification Prior To Beginning Work:
Licensee must notify CP's contact person by telephone at least three working days prior to
beginning any separate phase of the Work, and again promptly after such phase of the Work
has been completed.
6. PERMITTED & PROHIBITED USES; RIGHTS OF CP
6.1. Permitted Uses:
6.1.1. The Work:
The use of Property by Licensee shall be limited to the completion of the Work set forth
in Section 2.2., or such other kind of activities as may be approved by CP in writing.
6.1.2. Government Authorities.
Licensee may permit governmental authorities with jurisdiction over the Work to enter the
Property for the purpose of inspecting or monitoring the Work. Whenever possible,
Licensee shall advise CP (by telephone or other means calculated to bring the matter to
CP's immediate attention) prior to permitting such governmental authorities to enter the
Property for such purposes. The actions and omissions of such governmental
authorities while on the Property for such inspections and monitoring shall be deemed
the actions and omissions of Licensee. Licensee is not authorized to permit
governmental authorities to enter the Property for any other purpose.
6.2. Prohibited Uses and Activities.
The Licensee shall not use, occupy or permit the Property to be used for any purpose, activity
or improvement except as provided in this Agreement or as may be approved of in writing by
CP. Specifically, Licensee shall not:
6.2.1. Advertising
permit any advertisements or signs upon the Property;
6.2.2. Use of Hazardous Substances
without prior written disclosure to and approval by CP, Use or authorize the Use of any
Hazardous Substance on the Property, including installation of any above or
underground storage tanks; subject thereto, the Licensee shall arrange at its own cost
for the lawful transportation and off-site disposal of any and all Hazardous Substances
that it shall Use or generate;
6.2.3. Use of Premises for waste treatment or as storage or disposal facility
cause or allow the Property or any of CP's adjacent property to become a hazardous
waste treatment, storage or disposal facility within the meaning of, or to otherwise bring
any such property within the ambit of the Resource Conservation and Recovery Act, 42
U.S.C. § 6901 et seq. or any similar state statute or local ordinance; or
6.2.4. Subleasing is prohibited.
sublease the Property or the permissions or rights herein granted in any manner or form.
6.3. Reservations and Rights of CP:
6.3.1. Railroad Activities Take Priority over Work
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Right of Entry- 3rd Part Contstr. 454 v02.09 Page 5of 13 Soo Line Railroad Company
Plymouth, MN City of Plymouth, MN, Licensee
All Work by Licensee shall always and all times be subordinate to the needs of CP in
connection with the operation and movement of railroad trains and equipment, and the
repair of railroad track, structures, communications and appurtenances thereto.
6.3.2. Reservation of prior and future uses not inconsistent with Licensee’s activities.
The rights herein granted to Licensee are subject to the rights granted in all other
licenses, permits and easements for tracks, roads, walkways, poles, wires, pipelines,
sewers, billboards and other improvements that exist or may be placed upon, across,
above or underneath the Property by CP, or its employees, agents, licensees, grantees,
representatives or invitees. Further, CP reserves unto itself the right to place (or to give
others the right to place) additional tracks, roads, walkways, poles, wires, pipelines,
sewers and billboards upon, across, above or underneath the Property in any manner
that does not unreasonably interfere with Licensee’s Work.
6.3.3. Monitoring
CP may elect to be present during the conduct of the Work and to monitor same.
7. COVENANTS, CONDUCT & RESPONSIBILITIES
7.1 Definitions
7.1.1 "Claim” or "Claims” means any and all liabilities, suits, claims, counterclaims, causes of
action, demands, penalties, debts, obligations, promises, acts, fines, judgments,
damages, consequential damages, losses, costs, and expenses of every kind (including
without limitation any attorney’s fees, consultants’ fees, response costs, remedial action
costs, cleanup costs and expenses which may be related to any Claims);
7.1.2 "Environmental Law” or "Environmental Laws” means the Comprehensive
Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. § 9601
et seq., the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq., the
Federal Water Pollution Control Act, 33 U.S.C. §1251 et seq., the Clean Water Act, 33
U.S.C. '§1321 et seq., the Clean Air Act, 42 U.S.C. § 7401 et seq., the Toxic Substances
Control Act, 15 U.S.C. § 2601 et seq., all as amended from time to time, and any other
federal, state, local or other governmental statute, regulation, rule, law, ordinance, order
or decree dealing with the protection of human health, safety, natural resources or the
environment now existing or hereafter enacted;
7.1.3 "Hazardous Substance” or "Hazardous Substances” means any pollutant,
contaminant, hazardous substance or waste, solid waste, petroleum product, distillate, or
fraction, radioactive material, chemical known to cause cancer or reproductive toxicity,
polychlorinated biphenyl or any other chemical, substance or material listed or identified
in or regulated by any Environmental Law;
7.1.4 "Release” or "Released” means any actual or threatened spilling, leaking, pumping,
pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping,
disposing or spreading of any Hazardous Substance into the environment, as
environment” is defined in CERCLA;
7.1.5 “Response” or "Respond” means action taken in compliance with Environmental Laws
to correct, remove, remediate, cleanup, prevent, mitigate, monitor, evaluate, investigate,
assess or abate the Release of a Hazardous Substance;
7.1.6 "Use” means to manage, generate, manufacture, process, treat, store, use, re-use,
refine, recycle, reclaim, blend or burn for energy recovery, incinerate, accumulate
speculatively, transport, transfer, dispose of, or abandon.
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Plymouth, MN City of Plymouth, MN, Licensee
7.2 Investigation; Compliance with Laws; Safety Requirements.
7.2.1 Tenants and Licensees in possession of Property.
Before entering the Property, Licensee shall secure the consent of all persons or entities
who are using or occupying any portion of the Property. CP will cooperate with Licensee
to obtain consent from any such person or entity who unreasonably withholds consent.
7.2.2 Underground Utilities And Structures:
a. Licensee shall be responsible for determining the location of all underground
utilities (electric lines, telephone lines, gas lines, steam lines, sewer lines, water
lines, fiber optic cables, pipes, wires, and the like) and underground structures.
b. Licensee shall call CP ONE CALL at 1-866-291-0741 a minimum of 5 business
prior to commencing any excavation or boring on the Property.
c. CP will cooperate with Licensee to identify the location of underground utilities and
structures known to CP, but such cooperation shall not relieve Licensee from its
primary responsibility to determine the locations of such utilities and structures.
7.2.3 Permits And Licenses; Compliance With Laws:
Licensee shall secure, at no expense to CP, any permits or licenses required in
connection with the Work and shall comply with all laws applicable to the Work and the
Property, including (but not limited to) any laws, standards, regulations, and permit
requirements relating to environmental pollution or contamination or to occupational
health and safety. Licensee shall indemnify and defend CP against any and all Claims
arising out of or connected with the violation of any law by Licensee while on or about the
Property.
7.2.4 Compliance With CP Safety Requirements; Identification:
a. While on the Property, Licensee shall comply with the safety requirements of CP,
as such requirements may be amended from time to time during the duration of the
Work, all at no expense to CP. CP's safety requirements are set forth “Exhibit C”
titled “MINIMUM SAFETY REQUIREMENTS FOR CONTRACTORS WORKING
ON RAILWAY PROPERTY” and in CP 's current safety handbook. One free copy
of the current safety handbook will be provided to the Licensee by the CP contact
person. Additional copies will be provided at Licensee's expense. Licensee shall
be responsible for ensuring that any person performing any of the Work for or on
behalf of Licensee shall comply with the CP safety requirements that would apply to
a CP employee performing similar work.
b. Prior to any entry onto the Property, Licensee and every employee, agent or
subcontractor who carries out any part of the Work on the Property shall
successfully complete the safety training available through the e-railsafe program at
www.e-railsafe.com in respect to requirements for Canadian Pacific operations.
c. Licensee and every employee, agent or subcontractor who carries out any part of
the Work on the Property shall at all times wear and visibly display the identification
badge issued to them following successful completion of the e-railsafe safety
training together with whatever additional identification materials that CP may
reasonably require.
7.3 Work In Close Proximity To Railroad Operations; Drainage:
7.3.1 Interference With Railroad Operations:
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Plymouth, MN City of Plymouth, MN, Licensee
Licensee shall keep CP fully apprised of its proposed activities on the Property so as to
prevent any interference with the operations of CP's trains or equipment (or trains or
equipment of others) operating on or near the Property.
7.3.2 Clearance;
No work shall be done or any equipment or other obstruction placed over or within 25
feet laterally of the centerline of any track without advance notification to CP prior to
performing such work or placing such equipment or obstruction.
7.3.3 Flagging:
Licensee must make arrangements with CP for such flagging or watchman service as
CP deems necessary for the protection of railroad traffic. All such flagging and
watchman service shall be provided by CP at Licensee’s expense. The fact that CP
provides such service shall not relieve Licensee from any liability under this Agreement.
CP's labor and material additives are subject to change without notice to Licensee, and
CP shall be reimbursed based upon its labor and material additives actually in effect as
of the date of such service.
7.3.4 Certain Work Close To Track Not Permitted; Lateral Support:
a.Unless otherwise agreed to in writing by CP, excavations, borings, wells, pits, test
holes, probe sites, and the like shall not be located closer than 25 feet from the
centerline of the nearest railroad track on or adjacent to the Property nor shall it
take or allow any action upon the Property that would materially impair the lateral or
subadjacent support of adjacent lands or railroad tracks.;
b. Unless otherwise agreed to in writing by CP, drilling and excavating equipment and
related equipment shall not be located closer than 25 feet from the nearest rail of
any such track;
c.In the event that CP permits excavations, borings, wells, pits, test holes, probe
sites, or the like in close proximity to tracks, embankments or other features
providing lateral or subadjacent support to land or tracks, then notwithstanding
anything to the contrary in this license, Licensee shall be responsible for designing
and constructing at no cost to CP any measure that is required to prevent the
collapse, erosion or impairment to said land or tracks.
7.3.5. Storm Water
Licensee shall not, without the advance written approval of CP, make any changes to the
Property that would either increase the historic flow rate of storm water from the Property
or create an impediment to the historic flow of storm water to the Property. Unless
otherwise agreed in writing, Between CP and the Licensee it is understood and agreed
that Licensee shall at Licensee’s cost and expense be liable to CP for the construction,
maintenance, repair and replacement upon the real property or other land not belonging
to Grantor such storm sewer lines, manholes, mains, rip rap, boulders, wing walls,
ditches and related
7.3.6. Fencing
Licensee shall, at no cost to CP, construct and maintain during the term hereof a fence
acceptable to CP in the location(s) designated on Exhibit A. Following completion of the
Work, the Licensee shall remove the fencing, remove any post footings or concrete, and
fill and tamp any post holes with clean fill material.
7.4 Conduct
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Plymouth, MN City of Plymouth, MN, Licensee
7.4.1. Property clean, safe and free from nuisances
The Licensee shall not permit the existence of any nuisance upon the Property and shall
at all times keep the Property in a proper, clean, safe and sanitary condition, and free
from accumulations of waste materials, debris or refuse.
7.4.2. Release of Hazardous Substances:
The Licensee shall not cause or allow the Release or threat of Release of any Hazardous
Substance on, to, or from the Property.
7.4.3. Response Actions
The Licensee shall promptly take all necessary action in Response to any Release or
Use of a Hazardous Substance at the Property caused by, or attributable to, any act or
omission of the Licensee (or the Licensee's employees, agents, representatives or
invitees) that could:
a. give rise to any Claim under any Environmental Law,
b. cause a public health or workplace hazard, or
c. create a nuisance.
7.5. Required Notices/Disclosures
7.5.1 Transportation and Disposal Contracts
The Licensee shall, upon written request by CP, provide CP with copies of transportation
and disposal contracts and manifests for Hazardous Waste, any permits issued under
any Environmental Laws, and any other documents demonstrating that the Licensee has
complied with all Environmental Laws relating to the Property
7.5.2 Releases or Suspected Releases
The Licensee shall promptly notify CP of any actual or suspected Release of any
Hazardous Substance on, to, or from the Property, regardless of the cause of the
Release.
7.5.3. Notices, summons citations, etc.
The Licensee shall promptly provide CP with copies of all summons, citations, directives,
information inquiries or requests, notices of potential responsibility, notices of violation or
deficiency, orders or decrees, claims, causes of action, complaints, investigations,
judgments, letters, notices of environmental liens or Response actions in progress, and
other communications, written or oral, actual or threatened, from the United States
Environmental Protection Agency, the United States Occupational Safety and Health
Administration, or other federal, state or local agency or authority, or any other entity or
individual, concerning:
a. any Release of a Hazardous Substance on, to or from the Property,
b. the imposition of any lien on the Property, or
c. any alleged violation of or responsibility under any Environmental Law relating to
the Property.
7.5.4. Other Reports
Licensee shall, at CP’s option, provide CP, at no cost to CP, a copy of any other report,
summary or written test results, collectively “Report,” pertaining to the Work. If any such
Report is to be filed or made available to any governmental agency acting in a regulatory
capacity, then Licensee shall also give CP a reasonable time (not less than 5 working
days) to review and comment on a draft of such Report and when preparing any such
final Report pertaining to the Work, Licensee or its contractor shall give due
consideration to CP's comments with respect to the draft of that Report. Licensee will
promptly provide CP with a copy of any final Report.
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Right of Entry- 3rd Part Contstr. 454 v02.09 Page 9of 13 Soo Line Railroad Company
Plymouth, MN City of Plymouth, MN, Licensee
7.6. CP’s right to Participate in Response Actions
Following receipt of any notice, order, claim, investigation, information request, letter,
summons, citation, directive, or other communication identified in 7.D.iii connection with any
action taken pursuant to section 7.C.iv, Licensee shall notify CP of and permit CP to participate
in any and all investigations, telephone conferences, settlement discussions, remediation plans
and all other interactions, direct or indirect, with governmental or regulatory officials, and
Licensee shall take all action necessary to ensure that any indemnification, release, waiver,
covenant not to sue, or hold harmless agreement benefiting Licensee and arising out of such
activities, whether from a governmental or regulatory entity or from a private entity, also
benefits CP to at least the same extent as Licensee.
7.7. Restoration of Property;
Upon completion of the Work or expiration or early termination of this Agreement, whichever
occurs first, Licensee shall remove any debris resulting therefrom and shall restore the
Property to the condition it was in prior to the commencement of the Work (or such other
condition as is satisfactory to CP ). All excavations are to be backfilled and tamped. All
borings shall be backfilled with grout. Drill cuttings shall not be used as backfill. Licensee
shall dispose of all drill cuttings, soil and sediment samples, purge water, dewatering effluent,
and water samples and all excess excavation material in a manner acceptable to CP and in
accordance with all applicable laws, all at no expense to CP.
8. LIABILITY
8.1. Damage To Tracks, Facilities, And Equipment:
If any tracks, facilities, or equipment owned, used, or maintained by CP are damaged in
connection with the Work, CP shall repair (or arrange for the repair of) such damage and
Licensee shall pay the full cost of such repair within 30 days after CP shall tender a bill
therefor.
8.2. Assumption Of Risk:
Licensee is fully aware of the dangers of working on and about railroad property and railroad
operations and knowingly and willingly assumes the risk of harm (e.g., injury to or death of
persons and damage to or destruction of property) that may occur while on and about the
Property. Without in any way limiting the scope of the preceding sentence, Licensee
assumes the risk that monitoring wells, elevation bench marks, reference points, and other
installations located on the Property may be disturbed, damaged, or destroyed by CP or third
persons, and Licensee shall not make any claim against CP on account of same, even if such
disturbance, damage, or destruction arises from the negligence of CP or its employees,
agents, or invitees. Licensee assumes full responsibility for protecting its installations and
personal property from theft and vandalism while such installations and personal property are
on the Property.
8.3. Indemnity:
Subject to the limitations and immunities in Minnesota Statues Chapter 466, Licensee shall
indemnify and defend the Indemnified Parties (as defined below) against all claims, demands,
actions, suits, judgments, losses, damages (including, but not limited to, lost profits and other
actual, compensatory, direct, consequential, punitive, and exemplary damages), expenses,
penalties, fines, sanctions, court costs, litigation costs, and attorneys' fees (collectively,
Claims) arising out of or relating to any destruction of (or damage to) any property or natural
resource, any injury to (or death of) any person, or any environmental pollution or
contamination whatsoever, where such destruction, damage, injury, death, pollution, or
contamination actually or allegedly arises in whole or in part from the Work, any action or
omission of Licensee while on or about the Property pursuant to this Agreement, or the
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Right of Entry- 3rd Part Contstr. 454 v02.09 Page 10 of 13 Soo Line Railroad Company
Plymouth, MN City of Plymouth, MN, Licensee
exercise by Licensee of the license granted by this Agreement. As used in this Agreement,
Indemnified Parties means the following businesses and their officers, directors, employees,
and agents: Soo Line Railroad Company, Soo Line Corporation, Canadian Pacific Railway
Company, any company doing business as Canadian Pacific Railway, and any railway
company or contractor operating trains or rail equipment upon railway tracks in close proximity
to the Property, together with the parent companies, subsidiaries, and affiliated companies of
all of the foregoing.
9. INSURANCE.
Licensee shall procure and maintain in effect (or shall cause its contractor to procure and maintain in
effect), at any time when any portion of the Work is being performed, the following insurance:
9.1. General Liability Insurance:
General liability insurance with a policy limit of not less than $2,000,000 per occurrence and
5,000,000 aggregate for bodily injury, death, and damage to or destruction of property
including the loss of use thereof). The policy will include those policy extensions commonly
referred to as broad form completed operations, contractor's protective, collapse, and
underground damage. The policy shall by its wording or by endorsement insure those
liabilities and obligations which this Agreement contemplates will be assumed by Licensee,
including liabilities and obligations to indemnify the Indemnified Parties. The policy shall be
endorsed with a cross liability (severability of interest) endorsement in substantially the
following form: "This policy shall insure each person, firm, or corporation hereunder in the
same manner and to the same extent as if a separate policy had been issued to each, but the
inclusion herein of more than one insured shall not operate to increase the limits of the
insurance company's liabilities." The policy shall be endorsed to add the following as
additional insureds: Soo Line Railroad Company, Soo Line corporation Canadian Pacific
Railway Company, any company doing business as Canadian Pacific Railway, and any
railway company or contractor operating trains or rail equipment upon railway tracks in close
proximity to the Property, together with the parent companies, subsidiaries, and affiliated
companies of all of the foregoing (collectively, the Protected Parties). The policy shall also be
endorsed to waive subrogation rights against the Protected Parties.
9.2. Automobile Liability and Property Damage Insurance:
Automobile liability and property damage insurance in an amount not less than $2,000,000,
personal injury and property damage combined, covering the ownership, use, and operation
of any motor vehicles and trailers licensed for use on public highways which are owned,
leased, or controlled by Licensee or its contractor and used in connection with the Work. The
policy shall be endorsed to require that CP be given not less than 30 days written notice in
advance of cancellation or termination of the policy or of any change or amendment to the
policy that restricts or reduces coverage.
9.3. Workers Compensation Insurance:
Workers compensation insurance that meets the requirements of applicable state law.
9.4. Railroad Protective Liability Insurance:
Railroad protective liability insurance (occurrence form), in the name of Soo Line Railroad
Company and Canadian Pacific Railway Company, with limits of no less than $5,000,000 per
occurrence and $10,000,000 aggregate for personal injury and property damage.
9.5. Environmental Pollution Impairment Liability Insurance: (if applicable)
Contractor's environmental Pollution Impairment liability insurance with a policy limit of not
less than $5,000,000 per occurrence. The policy shall be endorsed to require that CP be
given not less than 30 days written notice in advance of cancellation or termination of the
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Right of Entry- 3rd Part Contstr. 454 v02.09 Page 11 of 13 Soo Line Railroad Company
Plymouth, MN City of Plymouth, MN, Licensee
policy or of any change or amendment to the policy that restricts or reduces coverage. The
policy shall be endorsed with a cross liability (severability of interest) endorsement in
substantially the following form: "This policy shall insure each person, firm, or corporation
hereunder in the same manner and to the same extent as if a separate policy had been
issued to each, but the inclusion herein of more than one insured shall not operate to increase
the limits of the insurance company's liabilities." The policy shall be endorsed to add the
Protected Parties as additional insureds and to waive subrogation rights against the Protected
Parties.
9.6. Other Policies of Insurance:
Such other insurance as may be necessary to protect the Protected Parties against certain
other claims arising out of the Work, to wit:
a. claims under any workers' compensation law,
b. claims under the Federal Employer's Liability Act, and
c. any other claims for damages for personal injury or death.
9.7. Contractual Endorsement
Each policy of insurance shall include the following endorsement upon the certificate, or within
the binder, policy or other contractual evidence signed by the insurer and in form acceptable
to CP:
It is agreed that the policy or policies of insurance evidenced by this
certificate covers the liability assumed by the insured in connection with work
pursuant to the Right of Entry Agreement dated _______________, 20__ by and
between <Name of Licensee> and Soo Line Railroad Company, including work
upon railroad property, within railroad right of way and in close proximity
operating railroad tracks.”
Before Licensee enters the Property, CP must receive and approve certificates of insurance
evidencing the coverages required by sections 9.1, 9.2, 9.3, 9.5, and 9.3, and endorsements
9.7 and CP must also receive and approve either the policy required by subparagraph 9.4 or a
binder evidencing that that policy is in effect. CP reserves the right to demand a certified copy
of any required policy, and Licensee or its contractor shall provide such copy within 10 working
days after CP shall give notice to Licensee demanding such copy. All of the required policies
shall be issued by insurers acceptable to CP and shall be acceptable to CP in both form and
substance. Licensee shall not enter the Property until all of the required policies have been
approved in writing by CP. If the commercial general liability and automobile policies are
procured by Licensee's contractor, Licensee shall be added as an additional insured party
under such policies. If the contractor uses a subcontractor, the contractor shall provide the
required policies and shall, in addition, either require the subcontractor to provide insurance
equivalent to that described herein (except that only one policy required by subparagraph 9.4
need be provided for the Work) or obtain endorsements to the contractor's policies naming the
subcontractor as an additional insured party. If a subcontractor uses a sub-subcontractor, the
sub-subcontractor shall either provide insurance equivalent to that required of the
subcontractor or shall be named as an additional insured party on the contractor's or
subcontractor's policies. In the event any required policy lapses, CP shall have the option of
immediately terminating the License, with or without notice to Licensee; such termination shall
be without prejudice to CP's rights and privileges under this Agreement. The insurance
coverage obtained pursuant to section 9 and its sub-sections shall in no manner restrict or limit
the liabilities assumed by Licensee under this Agreement.
10. ENTIRE AGREEMENT
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Right of Entry- 3rd Part Contstr. 454 v02.09 Page 12 of 13 Soo Line Railroad Company
Plymouth, MN City of Plymouth, MN, Licensee
10.1. Survival Of Indemnity Provisions:
The indemnification provisions of this Agreement shall survive its expiration or termination.
10.2. Mere License:
The permissions encompassed by this Agreement is a mere license to use the Property for
the specified purpose and does not create any estate or interest in the Property.
10.3. No Warranty Of Title:
CP does not warrant that it has good title to the Property.
10.4. Assignment; Binding Effect:
This Agreement may not be assigned by Licensee without the advance written consent of CP.
Subject to the preceding sentence, this Agreement shall be binding upon, and inure to the
benefit of, the parties' respective successors and assigns.
10.5. Governing Law:
This Agreement shall be construed and interpreted in accordance with the laws of the state in
which the Property is located, without reference to the choice of law rules of that state.
10.6. Entire Agreement:
This Agreement is the full, complete, and entire Agreement of the parties with respect to the
subjects hereof, and any and all prior writings, representations, and negotiations with respect
to those subjects are superseded by this Agreement.
10.7. Headings:
The headings used in this Agreement are provided solely as a convenient means of
reference. They are not intended to, and do not, limit or expand the purpose or effect of the
paragraphs to which they are appended. The headings shall not be used to construe or
interpret this Agreement.
10.8. Ownership Of Installations:
As between CP and Licensee, and unless CP agrees in writing to assume ownership thereof,
any wells or similar installations placed on the Property pursuant to this Agreement shall be
and remain the property of Licensee, and Licensee shall be responsible for the proper
maintenance and closure thereof; provided, however, that CP shall have a reasonable right of
access to such installations for the purpose of taking samples therefrom. In the event CP
desires to obtain samples from any such installations, it shall give Licensee such oral or
written notice as is reasonable under the circumstances, and Licensee shall cooperate with
CP to facilitate the taking of such samples on a schedule consistent with CP's needs; unless
otherwise agreed to by Licensee, all such samples shall be taken in the presence of Licensee
or its contractor or agent.
10.9. Singular And Plural:
As used in this Agreement, the singular form of a word includes the plural form of that word,
and vice versa, and this Agreement shall be deemed to include such changes to the
accompanying verbiage as may be necessary to conform to the change from singular to
plural, or vice versa.
10.10. Duplicate Copies & Counterparts.
This Agreement may be executed in counterparts, which together shall constitute one and the
same document. The parties may execute more than one copy of this Agreement, each of
which shall constitute an original.
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Right of Entry- 3rd Part Contstr. 454 v02.09 Page 13 of 13 Soo Line Railroad Company
Plymouth, MN City of Plymouth, MN, Licensee
11. SIGNATURES.
THE PARTIES HERETO have executed this Agreement as evidence of their agreement to the terms
herein.
SOO LINE RAILROAD COMPANY
doing business as Canadian Pacific
By By
Its Its Director Engineering Projects, U.S.
Date Date
EXHIBIT A
map of the Property marked to show location of Work, excavation, borings, wells, etc.}
EXHIBIT B
description of the Work, together with proposed timetable}
EXHIBIT C
minimum safety rules for work on railroad property}
Page 113
CITY OF PLYMOUTH
RESOLUTION NO. 2016 -
RESOLUTION AWARDING CONTRACT AND APPROVING AGREEMENTS
WITH XCEL ENERGY AND CANADIAN PACIFIC RAILWAY FOR THE VICKSBURG LANE
RECONSTRUCTION AND EXPANSION PROJECT (16001)
WHEREAS, pursuant to an advertisement for bids for the Vicksburg Lane Reconstruction and
Expansion Project (16001), bids were received, opened and tabulated according to State law, and the
following bids were received complying with the advertisement:
Contractor Total Bid
Eureka Construction $11,880,322.60
Landwehr $12,494,232.95
Park Construction $12,796,852.47
CS McCrossan $12,837,691.80
Meyer Contracting $12,841,426.14
Duininck $13,883,211.80
Engineers Estimate $14,667,093.50
WHEREAS, it appears that Eureka Construction out of Lakeville, MN is the lowest responsible
bidder, complying with the minimum qualifications; and
WHEREAS, the City Engineer recommends awarding the project to Eureka Construction out of
Lakeville, MN; and
WHEREAS, the City of Plymouth desires to enter an agreement with Xcel Energy to relocate the
overhead utilities to underground adjacent to the Vicksburg Lane Reconstruction and Expansion Project
and the City shall be responsible for the cost difference between relocating the power lines and the cost
to bury them; and
WHEREAS, the construction of the grade-separated crossing over the Canadian Pacific (CP)
Railway was included in the 2015 State of Minnesota’s bonding bill for up to $4.7 Million; and
WHEREAS, an easement agreement with CP Railway was required by the State to show clear
ownership of the grade-separated crossing CP property and the City Council approved an agreement
with (CP) Railway on December 8, 2015 was subsequently modified.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA:
1. The appropriate City officials are hereby authorized and directed to enter into the contract
for the bid with Eureka Construction out of Lakeville, MN in the name of the City of
Plymouth for the Vicksburg Lane Reconstruction and Expansion Project according to the
plans and specifications therefore approved by the City Council and on file in the office of
the City Engineer in the amount of $11,880,332.60.
Page 114
2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the
deposits made with their bids, except that the deposits of the successful bidder and the next
lowest bidder shall be retained until a contract has been signed.
3. The funding for this project will come from state bond proceeds ($4.7 M), CP Railway
250,000), Park Dedication Fund ($1.68 M) and the Street Replacement Fund ($9.72 M).
4. The Statement of Work agreement with Xcel Energy is hereby approved to replace the
existing overhead utility lines with underground utility lines at an estimated cost to the City
of $467,261 and the Mayor and City Clerk are hereby authorized to execute said agreement.
5. That the revised agreement and the easement agreement with CP Railway has been
approved and the Mayor and City Manager are authorized to execute the
agreements and any amendments to the agreement.
APPROVED by the City Council on this 23rd day of February, 2016.
Page 115
CITY OF PLYMOUTH
RESOLUTION NO. 2016 -
RESOLUTION APPROVING AGREEMENT WITH THE STATE OF MINNESOTA
FOR VICKSBURG LANE RECONSTRUCTION AND EXPANSION PROJECT
16001), SAP 155-156-018
WHEREAS, the City of Plymouth has applied to the commissioner of transportation for a grant
from the Minnesota State Transportation Fund for construction of Bridge No. 27B99; and
WHEREAS, the Commissioner of Transportation has given notice that funding for this bridge is
available; and
WHEREAS, the amount of the grant has been determined to be $4,700,000.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA; that the City of Plymouth does hereby agree to the terms and conditions of the grant
consistent with Minnesota Statutes, section 174.50, subdivision 5, clause (3), and will pay any
additional amount by which the cost exceeds the estimate, and will return to the Minnesota State
Transportation Fund any amount appropriated for the bridge but not required. The Mayor and City
Manager are authorized to execute a grant agreement withthe commission of Transportation
concerning the above-referenced grant.
APPROVED by the City Council on this 23rd day of February, 2016.
Page 116