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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 SUBGRADE SUBGRADE SCALE FACTOR: 3"=1'WHERE BRANCES ARE ADJACENT TO WALKSAND OR TREES ARE PLACED AS STREETTREES, LIMB BRANCES TO A 6'-7' HT.( MAINTAIN PROPER ANSI CROWN PROPORTIONS)MAINTAIN OR CREATE A TERMINAL BUD ON A CENTER LEADER.REMOVE CROSSOVER BRANCHES. REMOVE OR CUT BACK CO-DOMINANT AND POTENTIALLY CO-DOMINANT LEADERS.THIN TIGHTLY SPACED BRANCHES.REINFORCED CONCRETE PAVEMENT HOLD FINISHED GRADE 1"BELOW LEVEL OF CONCRETE,REFERTO LANDSCAPE PLAN FOR EDGE CONDITION COMPACTED CLASS 5 AGGREGATE BASE COMPACTED SUBGRADE MEDIUM BROOM FINISH PERPENDICULAR TO TRAFFIC FLOW, REFER TO PLAN 1 4" X1 2" SAW CUT CONTROL JOINT TYP.CITY SIDEWALK 1 2" EXPANSION 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 CONFLUENCE ALL RIGHTS RESERVED. THIS DRAWING IS PROVIDED ASAN INSTRUMENT OF SERVICE BY CONFLUENCE , AND ISINTENDED FORUSE ON THIS PROJECT ONLY. ANY REPRODUCTION, USEOR DISCLOSUREOF INFORMATION CONTAINED HEREIN WITHOUT PRIOR WRITTEN CONSENTOF CONFLUENCEIS STRICTLY PROHIBITED.LANDSCAPE ARCHITECT CONFLUENCE ICE CENTER/LIFETIMEPLYMOUTHFACILTYLIFETIME FITNESSPLYMOUTH / MINNESOTAISSUED FOR CD REVISION SCHEDULE ISSUE DATE DESCRIPTIONN. T.S L. 200 SECTION: PERENNIAL PLANTING. TYP.03 N.T.S L.200 SECTION: TREE PRUNING, TYP.07 N.T. S L. 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 Page 12 Page 13 Page 14 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 Page 15 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.) Page 16 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:_________________________________ Page 17 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 Page 18 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 Page 19 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 Page 20 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. Page 21 Mn/DOT Agreement No. 1002240 3 EXHIBIT D GRANT APPLICATION Page 22 Mn/DOT Agreement No. 1002240 4 Page 23 Mn/DOT Agreement No. 1002240 5 EXHIBIT E GRANTEE RESOLUTION APPROVING GRANT AGREEMENT Page 24 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. Page 25 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. Page 26 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 Page 27 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 Page 28 Mn/DOT Agreement No. 1002240 10 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. Page 29 Mn/DOT Agreement No. 1002240 11 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: Page 30 Mn/DOT Agreement No. 1002240 12 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 Page 31 Mn/DOT Agreement No. 1002240 13 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 Mn/DOT Agreement No. 1002240 14 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. Page 33 Mn/DOT Agreement No. 1002240 15 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 Page 34 Mn/DOT Agreement No. 1002240 16 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 Page 35 Mn/DOT Agreement No. 1002240 17 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. Page 36 Mn/DOT Agreement No. 1002240 18 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. Page 37 Mn/DOT Agreement No. 1002240 19 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. Page 38 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. Page 39 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; Page 54 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 Page 55 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. Page 56 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. Page 57 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 Page 68 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 Page 71 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 72 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 73 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 74 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 75 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 76 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 77 185514v4 EXHIBIT C Depiction of Construction Areas Page 78 185514v4 EXHIBIT D Identify Flagging and Watchman Protection Page 81 Initialed by: MINIMUM SAFETY REQUIREMENTS FOR CONTRACTORS WORKING ON RAILWAY PROPERTY April 2007 Page 82 Initialed by: 2 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. Page 83 Initialed by: 3 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 Page 84 Initialed by: 4 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. Page 85 Initialed by: 5 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: Page 86 Initialed by: 6 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 Page 87 Initialed by: 7 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. Page 88 Initialed by: 8 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. Page 89 Initialed by: 9 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: Page 90 Initialed by: 10 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. Page 91 Initialed by: 11 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. Page 92 Initialed by: 12 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. Page 93 Initialed by: 13 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 Page 94 Initialed by: 14 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; Page 95 Initialed by: 15 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.). Page 96 Initialed by: 16 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 Page 97 Initialed by: 17 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. Page 98 Initialed by: 1 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 Page 99 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: Page 101 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. Page 102 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: Page 103 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 Page 104 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. Page 105 Right of Entry- 3rd Part Contstr. 454 v02.09 Page 6of 13 Soo Line Railroad Company 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: Page 106 Right of Entry- 3rd Part Contstr. 454 v02.09 Page 7of 13 Soo Line Railroad Company 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 Page 107 Right of Entry- 3rd Part Contstr. 454 v02.09 Page 8of 13 Soo Line Railroad Company 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. Page 108 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 Page 109 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 Page 110 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 Page 111 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. Page 112 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