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April 3, 2018
Shakopee City Council PW&dO1AApril 3,2018 �. ,..,.� 7:00 PM � '���� " � City Hall 485 Gorman St. Shakopee Mission Statement The Mission of the City of Shakopee is to provide the opportunity to live, work and play in a community with a proud past,promising future, and small town atmosphere within a metropolitan setting. A.Keep Shakopee a safe and healthy community where residents can pursue active and quality lifestyles. B.Positively manage the challenges and opportunities presented by growth,development and change. C.Maintain the City's strong financial health. D.Maintain,improve and create strong partnerships with other public and private sector entities. E.Deliver effective and efficient public services by a staff of well-trained,caring and professional employees. E Housekeeping item. Mayor Bill Mars presiding 1. Roll Call 2. Pledge of Allegiance 3. Approval of Agenda 4. Consent Business - (All items listed in this section are anticipated to be routine. After a discussion by the Mayor there will be an opportunity for members of the Council to remove any items from the consent agenda for individual discussion. Those items removed will be considered following the Public hearing portion of the agenda. Items remaining on the Consent Agenda will not be discussed and will be approved in one motion.) A. Administration *4. A.1. *City Council Minutes *4. A.2. *2018 General Fund Budget Amendment *4. A.3. *Year-end General Fund Transfers *4. A.4. *Gambling Premise Permit for Shakopee Mat Club *4. A.5. *Personnel Handbook Revisions *4. A.6. *Recruitment Stipends B. Fire *4. B.1. *Solicitation of Bids - Fire Station 1 Windows C. Planning and Development *4. C.1. *Set Public Hearing for Vacation of Public Right-of-Way & Easements *4. C.2. *Set a Public Hearing for Transfer of Property from the Shakopee HRA to Page 1 of 352 the EDA D. Public Works and Engineering *4. D.1. *Purchase Three (3) John Deere 1570 Mowers *4. D.2. *Park Restroom Cleaning Contract Renewal *4. D.3. *2018 Sanitary Sewer Televising *4. DA. *Recycling Grant for Spring Clean Up Day *4. D.S. *Purchase Paint Striper *4. D.6. *Scott County Cooperative Agreement for Flashing Yellow Arrows *4. D.7. *Preapproved Professional Engineering Consulting Firms *4. D.8. *Professional Service Agreement with Advanced Engineering adnd Environmental Services, Inc., for a Sanitary Sewer Master Plan Update *4. D.9. *MnDOT Delegated Contracting Process Agreement 5. RECOGNITION OF INVOLVED CITIZENS BY CITY COUNCIL- Provides an opportunity for the public to address the Council on items which are not on the agenda. Comments should not be more than five minutes in length. The Mayor may adjust that time limit based upon the number of persons seeking to comment. This comment period may not be used to make personal attacks, to air personality grievances, to make political endorsements or for political campaign purposes. Council Members will not enter into a dialogue with citizens, and questions from Council will be for clarification only. This period will not be used to problem solve issues or to react to the comments made, but rather for informational purposes only. 6. Business removed from consent will be discussed at this time 7. Public Hearings 7.A. 2018 Currency Exchange License 8. Recess for Economic Development Authority Meeting 9. Reconvene 10. General Business A. Planning and Development 10. A.1. Ordinance No. 02018-003 to Amend the Landscape Code, Screening and Tree Preservation 10. A.2. Ordinance No. 02018-002 to Amend PUD Text in Major Rec Zone 10. A.3. Resolution No. R2018-039 to transfer city-owned property to the EDA 10. A.4. Resolution No. R2018-037 to join the Met Council Livable Communities Program 10. A.S. Resolution No R2018-036 to Create a Parks, Recreation, Trails and Open Page 2 of 352 Space Steering Committee 10. A.6. Resolution No. 82018-041 Approving Assignment of Purchase Agreement and Doggie Doo's Lease to the EDA 11. Reports II.A.City Bill List 11.B.Liaison and Administration 12. Adjournment to April 17, 2018 at 7:00 p.m. Page 3 of 352 *4.A.1. pb"IA ' AKCFT. 7, Shakopee City Council April 3, 2018 FROM: Lori J. Hensen, City Clerk TO: Mayor and Council Members Subject: City Council minutes from March 20, 2018. Policy/Action Requested: Recommendation: Discussion: Budget Impact: ATTACHMENTS: D March 20, 2018 Page 4 of 352 Shakopee City Council Minutes PW*dOIA March 20,2018 SHA ,..,., 7:00 PM ��� �' City Hall 485 Gorman St. Mayor Bill Mars presiding 1. Roll Call Present: Mayor William Mars, Councilmember Kathi Mocol, Councilmember Jay Whiting, Councilmember Matt Lehman, Councilmember Mike Luce Staff Present: City Administrator Bill Reynolds, Assistant City Administrator Nate Burkett, City Attorney Dave Anderson, Public Works/Engineering Director Steve Lillehaug, Finance Director Darin Nelson, Human Resources Director Jennifer Gabbard, Planning/Development Director Michael Kerski 2. Pledge of Allegiance 3. Special Presentation- Carnegie Hero Fund Commission Mayor William Mars presented the Carnegie Hero Medal to the family of Dmitri Bondarenko. 4. Approval of Agenda Councilmember Kathi Mocol made a motion to approve the agenda, seconded by Councilmember Matt Lehman and the motion passed. 5 - 0 5. Consent Business - (All items listed in this section are anticipated to be routine. After a discussion by the Mayor there will be an opportunity for members of the Council to remove any items from the consent agenda for individual discussion. Those items removed will be considered following the Public hearing portion of the agenda. Items remaining on the Consent Agenda will not be discussed and will be approved in one motion.) Councilmember Lehman asked that item 5.C.1. and 5.D.1. be removed from consent for discussion. Councilmember Luce asked that items 5.A.1., 5.A.4. and 5.D.2. be removed from consent for discussion. Page 5 of 452 Councilmember Matt Lehman made a motion to approve the modified consent agenda, seconded by Councilmember Jay Whiting and the motion passed. 5 - 0 A. Administration *5. A.1. *Consolidation of Two Part-Time Positions to One Full-Time Communications Position Councilmember Jay Whiting made a motion to approve the hiring of a full-time communications specialist at Grade 150 of 2018 Non Union Pay Plan, seconded by Councilmember Matt Lehman and the motion passed. 5 - 0 *5. A.2. *City Council Minutes Approve the minutes from March 6, 2018. (Motion was carried under consent agenda.) *5. A.3. *Temporary Liquor License - Minnesota Farm Winery Association Approve the temporary liquor license for Minnesota Farm Winery Association for a wine tasting event being held on April 28 located at 1100 Canterbury Road in the exhibition hall. (Motion was carried under consent agenda.) *5. A.4. *Extension of Light Duty Councilmember Matt Lehman made a motion to approve to extend a Police Officer's light duty assignment for up to an additional six months, seconded by Councilmember Jay Whiting and the motion passed. 5 - 0 B. Parks and Recreation *5. B.1. *MaxGalaxy Agreement Approve and authorize appropriate staff to execute a contract for software licensing with ActiveNetwork for up to 3 years at an annual cost not to exceed $14,700. (Motion was carried under consent agenda.) C. Planning and Development *5. C.1. *Preliminary and Final Plat of Valley View Business Park 3rd Addition Councilmember Matt Lehman made a motion to approve Resolution No. R2018-031, approving the preliminary and final plat of Valley View Business Park 3rd Addition, Page 8 of 452 seconded by Councilmember Jay Whiting and the motion passed. 5 - 0 D. Public Works and Engineering *5. D.1. *Preapproved Professional Engineering Consulting Firms Councilmember Matt Lehman made a motion to table accepting a list of preapproved professional engineering consulting firms until April 3, 2018, seconded by Councilmember Mike Luce and the motion passed. 5 - 0 *5. D.2. *Grant Resolutions for 12th Avenue Trail Project and CSAH 16 Trail Extension Project Councilmember Matt Lehman made a motion to approve resolutions R2018-029 and R2018-030 authorizing the city to submit local trail connection grant applications for the CSAH 16 Trail Connection and for the 12th Avenue Trail Connection projects, seconded by Councilmember Mike Luce and the motion passed. 5 - 0 6. RECOGNITION OF INVOLVED CITIZENS BY CITY COUNCIL- Provides an opportunity for the public to address the Council on items which are not on the agenda. Comments should not be more than five minutes in length. The Mayor may adjust that time limit based upon the number of persons seeking to comment. This comment period may not be used to make personal attacks, to air personality grievances, to make political endorsements or for political campaign purposes. Council Members will not enter into a dialogue with citizens, and questions from Council will be for clarification only. This period will not be used to problem solve issues or to react to the comments made, but rather for informational purposes only. 7. Business removed from consent will be discussed at this time See Items 5.A.1., 5.A.4., 5.C.1., 5.D.1., and 5.D.2. 8. Public Hearings 8.A. PUBLIC HEARING - Vacation of Public Right-of-Way and Drainage & Utility Easements — DAVIES 2ND ADDITION Councilmember Kathi Mocol made a motion to open the public hearing, seconded by Councilmember Mike Luce and the motion passed. 5 - 0 Page 3 of 452 Councilmember Jay Whiting made a motion to close the public hearing, seconded by Councilmember Mike Luce and the motion passed. 5 - 0 Councilmember Jay Whiting made a motion to adopt Resolution No. R2018-032, a resolution approving a vacation of public right of way and drainage & utility easements for property located north of U.S. Highway 169, south of Vierling Drive, and west of Eisenhower Street, seconded by Councilmember Kathi Mocol and the motion passed. 5 - 0 9. General Business A. Administration 9. A.1. Monthly Financial Review- February 2018 No action taken. 9. A.2. Republic Services Annual Report No action taken. 10. Reports lO.ACity Bill List IO.B.Liaison and Administration 11. Adjournment to April 3, 2018 at 7:00 p.m Councilmember Mike Luce made a motion to adjourn to April 3, 2018 at 7:00 p.m., seconded by Councilmember Jay Whiting and the motion passed. 5 - 0 Page 9 of 452 *4.A.2. pb"IA ' AKOFT. 7, Shakopee City Council April 3, 2018 FROM: Darin Nelson, Finance Director TO: Mayor and Council Members Subject: Amend the 2018 General Fund Budget to Account for Changes in Facility Repair and Maintenance Policy/Action Requested: Approve the General Fund budget amendment reallocating expenditures from maintenance and operations within the public works, fire and police departments to the building facilities division. Recommendation: Approval Discussion: On January 1, staff implemented an operational change to administering building maintenance and repair. Historically, each building site had a budget for maintenance and repair. These budgets fell under the department associated with the building. For example, the police department maintenance and repair budget fell under the police department. However, the facilities manager is ultimately responsible for these expenditures, not necessarily the specific department director associated with the building. The facilities manager has a full understanding of each buildings needs and is better able to direct where necessary repairs and maintenance are needed. Reallocating these existing budgets to the facilities division provides the facilities manager with more flexibility in directing where necessary repairs and maintenance are required compared to having maintenance and repairs dollars directed towards specific buildings. Staff is recommending reallocating the following budgets from business units: 0318 Police, 0323 Fire, and 0429 Public Works to business unit 0181 Facilities. The facilities division will receive a budget reallocation of$175,600 split among the three respective building budgets. This budget amendment is a budget neutral, as there are no new dollars being Page 9 of 352 requested only a reallocation of existing funds. YTD YTD YTD YTD Budget Budget Budget Budget Object 2018 2018 2018 2018 Account 0318 - 0323 - 0429 - FACILITIE SFACILITIE SFACILITIE STT TOTAL - POLICE - FIRE - PW BLDGS - Total 01000 - GENERAL FUND 6002 - WAGES 2500 221500 151600 631700 6005 - 800 800 OVERTIME-FT 6015 - WAGES - PART 200 200 1,200 11600 TIME/TEMP 6122 - PERA 2,000 11700 11200 41900 6124 - FICA 2,100 11700 1,300 51100 6135 - HEALTH 6,900 21200 5,100 141200 6170 - WORKERS 1,500 500 11100 31100 COMPENSATION 6230 - BUILDING MAINT 71000 31000 71000 171000 SUPPLIES 6240 - EQUIPMENT Page 10 of 352 MAINT 200 200 SUPPLIES 6315 - BUILDING 24,000 151000 261000 651000 MAINT. Total 01000 - GENERAL 70,100 479000 58,500 1759600 FUND Grand Total 70,100 479000 58,500 1759600 Budget Impact: None Page 11 of 352 *4.A.3. pbllakA ' AKOFT. 7, Shakopee City Council April 3, 2018 FROM: Darin Nelson, Finance Director TO: Mayor and Council Members Subject: Year-end General Fund Transfers Policy/Action Requested: Approve 2017 General Fund transfers of$500,000 and $600,000 to the City Hall Construction Fund and Self-Insurance Internal Service Fund, respectively. Recommendation: Approval Discussion: Each year the City's General Fund is reviewed as part of the closing process as we near the fieldwork portion of our annual audit. The city's fund balance policy for the General Fund targets a 40 to 45 percent unassigned fund balance of the subsequent year's expenditure budget. The General Fund has an estimated fund balance of$13,043,195 as of December 31, 2017. It is only estimated at this time because there are still a couple year-end entries that need to be made. These entries are not expected to have a material effect on the ending fund balance. Based on the policy of maintaining a 45 percent fund balance, the General Fund will end the year with approximately $1,100,000 surplus. In the past, any excess fund balance has been directed towards one-time events such as capital improvements and future debt service payments. This year's request is no different. Staff is requesting General Fund transfers to the City Hall Construction Fund and the Self Insurance Internal Service Fund of$500,000 and $600,000, respectively. As you may recall, the financing of city hall involved various transfers. Most transfers were one-time upfront transfers, but there is also long-term financing involving yearly transfers from the Building Internal Service Fund. This transfer will reduce the term and overall amount of those annual transfers from the Building Internal Service Fund. Page 12 of 352 The $600,000 transfer to the Self-Insurance Fund Internal Service Fund is specifically directed towards the transition to self-funding employee health insurance. One of the requirements of incorporating self-funding health insurance is to have a certain threshold of reserves set aside to meet potential out of pocket costs. Preliminary calculations estimate that $600,000 should sufficiently fund any potential liability. City staff is in the preliminary stages of considering this change to self-funding. If for some reason, the city does not move towards self-funding, the council can easily approve a transfer of these dollars to another fund. Budget Impact: N/A Page 13 of 352 *4.A.4. pb"IA ' AKCFT. 7, Shakopee City Council April 3, 2018 FROM: Lori J. Hensen, City Clerk TO: Mayor and Council Members Subject: Gambling Premise Permit for the Shakopee Mat Club. Policy/Action Requested: Approve Resolution R2018-035, a resolution of the City of Shakopee approving a premise permit for Shakopee Mat Club located at Shakopee Brewhall, 124 First Avenue E. Recommendation: Approve the above motion. Discussion: The Shakopee Mat Club is applying for a premises permit for gambling activities at the Shakopee Brewhall located at 124 First Avenue E. The permit will be issued by the State Gambling Control Board. When application is made, the board requires that the local unit of government pass a resolution specifically approving or denying the application. Budget Impact: None. ATTACHMENTS: D R2018-035 Page 14 of 352 RESOLUTION R2018-035 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA APPROVING PREMISES PERMIT FOR SHAKOPEE MAT CLUB WHEREAS,the 1990 legislature adopted a law which requires municipal approval in order for Gambling Control Board to issue or renew premises permits; and WHEREAS,the SHAKOPEE MAT CLUB is seeking a Premises Permit for the site at Shakopee Brewhall, 124 First Avenue E, Shakopee, Minnesota. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA AS FOLLOWS: That the Premises Permit for the Shakopee Mat Club at Shakopee Brewhall, 124 First Avenue E, Shakopee, Minnesota, be approved. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this V day of April, 2018. Mayor of the City of Shakopee ATTEST: City Clerk Page 15 of 352 *4.A.5. pb"IA ' AKCFT. 7, Shakopee City Council April 3, 2018 FROM: Nate Burkett, Assistant City Administrator TO: Mayor and Council Members Subject: Personnel Handbook Revisions Policy/Action Requested: Approve personnel handbook revisions as proposed in attached memo and handbook draft. Recommendation: Approve policy/action requested. Discussion: See attached memo. The revisions contained within this personnel handbook are minor. All changes are detailed in the summary document and are intended to: • Clarify requirements, authorities, roles or responsibilities. • Align policy with practice of the organization. • Improve efficiency and the ability to accomplish the work that needs to be done in the city organization. Budget Impact: None ATTACHMENTS: D Personnel Handbook Changes Summary D Personnel Handbook Draft Page 16 of 352 ... .. . E. uM To: Mayor and Council Members From: Nathan Burkett, Assistant City Administrator CC: Bill Reynolds, City Administrator Date: April 3, 2018 Subject: Personnel Handbook changes summary The following is a summary of recommended changes to the Shakopee Personnel Handbook: Reference Summar Generally The document has been reformatted for consistency, certain sections have been moved. These changes are not noted in track changes but can be shown if desired. II.B. Scope Amended scope to include paid on call firefighters. II.C. Equal Opportunity Employment policy Updated with League of Minnesota cities model language. II.D. Data Practices Advisory Updated with LMC model language. II.G. Administration of this policy Clearly identifies that city administrator is responsible for administration of the policy and allows delegation, adoption of procedures and forms. Accordingly, throughout the policy it references city administrator, but this clause allows for "or designee" to be inferred at each reference. Allows for department specific procedures if needed and approved. II.H. Savings Clause Ensures that the policy cannot be entirely disregarded because of one portion which may be found to be contrary to law. 11.1. Management Rights Specifically retains management rights to management. III.L. Deletes the exemption from this policy for temporary and seasonal employees. IV.A Conduct of a City Employee Amends conduct to better align with organizational values. COMMUNITY PRIDE SINCE 1857 C:ityofShakopee I 48 Goo-nan St.,Shakopee MN 5S379 M f lhone952233 9a001 Fax:9S2-233 3801 1 w wwr.`:ihakcapeeMIN.gov Page 17 of 352 ... .. . E. uM IV.13.4. Hours "off the clock" Specifically disallows employees to work "off the clock" to ensure compliance with FLSA. V.A. Scope Amendments for clarity. V.B. Hiring Authority Clearly specifies the city administrator's hiring authority, aligned with ordinance and current practice. V.D. Applications Allows for waiver of application process by city administrator. V.F. Pre-employment medical exams Amends and incorporates LMC model language. V.G. Awarding accrued leave at time of hire Specifies administrative authority and reserves exceptions to the city council. V.H.1 Probationary period Clarifies probationary periods. V.H.3. Discharge during probationary period Allows administrative discharge of an employee during probationary period. V.H.4. Completion of probation Allows administrative completion of probationary period in accordance with current practice. V.H.5. Temporary Appointments Allows administrative appointment of acting positions in certain circumstances and authorization for temporary pay increases. V.J. Promotions Amended for clarity and consistency. VI.A. Position Descriptions Allows administrative amendment of revisions to job descriptions when such revisions or assignment does not increase the position classification. Requires council approval for new positions or revisions increasing compensation. VI.B. Assigning and Scheduling Work Allows administrative reassignment of a position depending on needs and workload of the city. VI.E. Direct Deposit Amends and incorporates LMC model language and current practice. VI.F. Pay Periods Amended to clarify and ensure compliance with FLSA. VII.E. Phased retirement Limits average number of hours per week to 20, as opposed to requiring an average of at least 20. VIII.D. Floating Holiday Requires floating holidays to be used by first pay period in December for payroll workflow. IX.F. Leave Donation policy Incorporates previously approved leave donation policy in to the personnel policy. COMMUNITY PRIDE SLICE 1857 C:ityofShakopee I48`5 Gorrnan St.,Shakopee MN 5S379 M f lhone952233 9a001 Fax:9S2-233 3801 1 w wwr.`:ihakcapeeMIN.gov Page 18 of 352 ... .. . E. uM X.A.S. Disciplinary Authority Encourages department heads and supervisors to consult with administration on disciplinary issues, requires administrative consultation on all disciplinary actions that may result in official documentation in personnel file and clarifies that the hiring authority is also the authority for disciplinary action that results in loss of wages (suspension, demotion, termination). XII.I Revises travel reimbursement policy to satisfy internal control requirements, requires prudent care, clarifies expectations when making travel plans, adoptsper-diem. COMMUNITY PRIDE INCE 1857 C:ityofShakopee I48 Goo-nan St.,Shakopee MN 5S379 M f lhone952233 9a001 Fax:9S2-233 3801 1 w wwr.`:ihakcapeeMIN.gov Page 19 of 352 PERSONNEL HANDBOOK (Chapter, Section, Code -Added by Administration) SHAKOP E -, Adopted: Amended: POLICY CONTENTS I. INTRODUCTION...............................................................................................................................................5 II. PURPOSE AND GENERAL GUIDELINES.................................................................................................6 A. Purpose............................................................................................................................................................6 B. Scope.................................................................................................................................................................6 C. Equal Opportunity Employment ........................................................................................................6 D. Data Practices Advisory/Access to Personnel Files................................................................7 E. Employee Status..........................................................................................................................................7 F. Administration of this Policy.................................................................................................................7 G. Savings Clause..........................................................................................................................................7 H. Management Rights...............................................................................................................................7 III. DEFINITIONS.....................................................................................................................................................9 A. Employee........................................................................................................................................................9 B. Benefits............................................................................................................................................................9 C. Benefits-Eligible Employee.....................................................................................................................9 D. Department Head...................................................................................................................................9 E. Exempt Employee.......................................................................................................................................9 F. Full-Time Employee...................................................................................................................................9 G. Intern...........................................................................................................................................................9 H. Non-Exempt Employee........................................................................................................................9 I. Probationary Employee ........................................................................................................................ 10 J. Probationary Period............................................................................................................................... 10 K. Part Time Employee ............................................................................................................................... 10 L. Temporary Employee............................................................................................................................. 10 IV. EMPLOYEE CONDUCT................................................................................................................................ 11 A. Conduct as a City Employee................................................................................................................. 11 B. Work Hours and Rest Periods............................................................................................................ 11 C. Attendance and Absence....................................................................................................................... 12 Page 20 of 352 D. Emergency Closing of City Facilities............................................................................................ 12 E. Dress.............................................................................................................................................................. 13 F. Employee Identification Cards........................................................................................................... 14 G. Use of Tobacco Products.................................................................................................................. 15 H. Conflicts of Interest............................................................................................................................. 15 1. Acceptance of Gifts.................................................................................................................................. 15 J. Use of City Property................................................................................................................................ 16 K. Personal Activities................................................................................................................................... 17 L. Media Requests......................................................................................................................................... 18 M. Lawsuits Against the City................................................................................................................. 18 N. Safety......................................................................................................................................................... 19 0. Drug-Free Workplace Policy........................................................................................................... 19 P. Drug Testing............................................................................................................................................... 19 Q. Workplace Violence Policy.............................................................................................................. 22 R. Sexual Harassment Policy.................................................................................................................... 24 S. Performance Evaluations..................................................................................................................... 26 V. EMPLOYEE RECRUITMENT AND SELECTION................................................................................. 27 A. Scope.............................................................................................................................................................. 27 B. Selection Process...................................................................................................................................... 27 C. Applications................................................................................................................................................ 27 D. Pre-employment Background Check.......................................................................................... 27 E. Pre-employment Medical Exams....................................................................................................... 27 F. Awarding Accrued Leave at the Time of Hire.............................................................................. 28 G. Probationary Employees.................................................................................................................. 28 H. Temporary Appointments............................................................................................................... 29 I. Promotions................................................................................................................................................. 29 J. Employment of Relatives. ................................................................................................................... 29 VI. Position Descriptions, CLASSIFICATION, and Compensation................................................... 30 A. Position Descriptions............................................................................................................................. 30 B. Assigning and Scheduling Work........................................................................................................ 30 Page 2 of 66 Page 21 of 352 C. Position Classification and Compensation.................................................................................... 30 D. Paydays. ................................................................................................................................................. 31 E. Direct Deposit............................................................................................................................................ 31 F. Pay Periods................................................................................................................................................. 31 G. Overtime and Compensatory Time.............................................................................................. 32 H. FLSA Safe Harbor for Exempt Employees................................................................................. 32 I. Employees Holding Two or More City Jobs.................................................................................. 33 VII. BENEFITS......................................................................................................................................................... 34 A. Eligibility...................................................................................................................................................... 34 B. Insurance..................................................................................................................................................... 34 C. Deferred Compensation........................................................................................................................ 35 D. Retirement Benefits............................................................................................................................ 35 E. Phased Retirement.................................................................................................................................. 35 F. Post-Employment Health Savings Plans........................................................................................ 35 G. Continuing Education/Tuition Reimbursement.................................................................... 36 H. Conferences and Seminars.............................................................................................................. 37 I. City Reimbursement of Travel Costs............................................................................................... 37 J. Membership Fees.....................................................................................................................................40 VIII.HOLIDAYS........................................................................................................................................................41 A. Eligibility......................................................................................................................................................41 B. Pay for Holidays Worked......................................................................................................................41 C. Designated Holidays...............................................................................................................................41 D. Floating Holiday...................................................................................................................................42 IX. LEAVES..............................................................................................................................................................43 A. Vacation Leave..........................................................................................................................................43 B. Sick Leave....................................................................................................................................................44 C. Bereavement Leave.................................................................................................................................45 D. Family&Medical Leave....................................................................................................................46 E. Bone Marrow Donor Leave.................................................................................................................. 50 F. Leave Donation Policy............................................................................................................................ 50 Page 3 of 66 Page 22 of 352 G. Parenting Leave.................................................................................................................................... 54 H. School Conference and Activities Leave.................................................................................... 55 I. Voting Leave............................................................................................................................................... 55 J. Jury or Witness Duty............................................................................................................................... 55 K. Military Leave............................................................................................................................................ 56 L. Unpaid Leaves of Absence.................................................................................................................... 57 M. Absence Without Leave. ................................................................................................................... 58 X. DISCIPLINE &GRIEVANCE....................................................................................................................... 59 A. Discipline Policy....................................................................................................................................... 59 B. Grievance Policy....................................................................................................................................... 61 XI. SEPARATION ................................................................................................................................................ 63 A. Discharge..................................................................................................................................................... 63 B. Resignation................................................................................................................................................. 63 C. Retirement.................................................................................................................................................. 63 D. For Disciplinary Reasons.................................................................................................................. 63 E. Severance Pay of Unused Sick Leave. ............................................................................................ 63 F. Compensatory Time................................................................................................................................ 64 G. Vacation Time....................................................................................................................................... 64 H. Lay-offs..................................................................................................................................................... 64 I. Involuntary Separation Pay for Long Term Employees.......................................................... 65 Page 4 of 66 Page 23 of 352 I. INTRODUCTION The Mission of the City of Shakopee is to "provide the opportunity to live work and play in a community with a proud past, promising future and small-town atmosphere within a metropolitan setting. The city strives to provide customer-friendly, high-quality public services that are intended to meet the changing needs of our residents and the community at-large." As city employees,the bests interests of Shakopee's residents, businesses, and visitors, and respect for the democratic process must guide our work and be placed at the forefront of everything we do. Working in the public sector is not always easy- it frequently entails increased levels of public scrutiny, limited financial resources, and specific rules and regulations not found elsewhere. However, it also provides the opportunity to work on interesting and meaningful projects and contribute to the betterment of the community as a whole that is unavailable to many non-public service jobholders. As a city employee,you are expected to conduct yourself both on and off the job in a manner that demonstrates pride in your work and respect for the public trust that has been placed in you. Employees are expected to work hard, be honest, assist fellow employees and the public, apply common-sense and respect others. In return, the city strives to provide a flexible, family-friendly workplace, competitive pay and benefits, and opportunities to expand your knowledge and skills. The operation of a city requires many people,working in a wide range of positions. The knowledge, skills and hard-work of city employees is essential to our community's continued prosperity. We value your contribution and your decision to work for the City of Shakopee. Page S of 66 Page 24 of 352 II. PURPOSE AND GENERAL GUIDELINES A. Purpose. To establish a uniform and equitable system of personnel administration for employees of the City of Shakopee. It should not be construed as contract terms for any city employees. No supervisor or city representative has any authority to enter into any agreement for employment for any specific time period, or to make any agreement contrary to this policy. Nothing in this or other city policies;constitutes a contract of employment for any city employee. This policy is not intended to cover every situation that might arise and can be amended at any time at the sole discretion of the city. This policy supersedes all previous personnel policies. As an employee,you are responsible for complying with current city policies at all times. B. Scope This policy applies to all employees of the city. Except where specifically noted, it does not apply to: • Elected officials • City attorney • Members of city boards, commissions, and committees • Consultants and contractors • Volunteers If any specific provisions of this policy conflict with any current union agreement or civil service rules, the union agreement or civil service rules will prevail. Union employees are encouraged to consult their collective bargaining agreement first for information about their employment conditions. Nothing in these policies is intended to modify or supersede any applicable provision of state or federal law. Departments may have special work rules for that department. Each employee will be given a copy of such work rules by the department upon hiring and such rules will be further explained, and enforcement discussed with the employee by the immediate supervisor. C. Equal Opportunity Employment The City of Shakopee is committed to providing equal opportunity in all areas of employment, including but not limited to recruitment, hiring, demotion, promotion, Page 6 of 66 Page 25 of 352 transfer, recruitment, selection, lay-off, disciplinary action,termination, compensation and selection for training. The City of Shakopee will not discriminate against any employee or job applicant on the basis of race, color, creed, religion, national origin, sex, sexual orientation, disability, age, marital status, or other unlawful reasons. D. Data Practices Advisory/Access to Personnel Files Personnel data is retained in personnel files, finance files, and benefit/medical files. Information is used to administer employee salary and benefit programs, process payroll, complete state and federal reports, document employee performance, etc. Employees have a right to know what data is retained,where it is kept, and how it is used. All employee data will be received, retained, and disseminated according to the Minnesota Government Data Practices Act. Upon written request,the city shall provide the employee with an opportunity to review the employee's personnel record, as provided by Minn. Stat. Sec. 181.960 et seq. Unauthorized viewing, removal, alteration, or destruction of all or any part of an employee's personnel file is prohibited. E. Employee Status. City employees may be disciplined and discharged for just cause as prescribed in this policy. Probationary employees, as defined and described below, are employees at will and may be discharged at any time for any reason. F. Administration of this Policy The City Administrator is responsible for this policy and may enact procedures, develop documentation, and delegate as needed. With the approval of the City Administrator, department heads may establish department and division specific personnel related standard operating procedures provided such procedures do not conflict with any provision in this policy. G. Savings Clause In the event any provision of this policy shall be held to be contrary to law by a court of competent jurisdiction, from whose final judgment or decree no appeal has been taken within the time provided or is contrary to an administrative ruling or is in violation of legislation or administrative regulations, such provision shall be null and void.All other provisions shall continue in full force and effect. H. Management Rights The city retains the full and unrestricted right to operate and manage all personnel, facilities, and equipment; to establish functions and programs; to set and amend Page 7 of 66 Page 26 of 352 budgets; to determine the utilization of technology; to establish work schedules, and to perform any inherent managerial function not specifically limited by current collective bargaining agreements and state and federal statutes. Page 8 of 66 Page 27 of 352 I1I. DEFINITIONS For purposes of this policy, the following terms shall have the following definitions. A. Employee Any individual who works for the city except the following: • Elected officials, • Members of city boards, commissions and committees, • Independent contractors, including the city attorney; and • Volunteers. B. Benefits Includes,but is not limited to, medical, dental, life and long-term disability insurance, post-employment health care savings accounts, paid vacation, sick leave and holidays, and tuition assistance. C. Benefits-Eligible Employee Any non-seasonal employee who is regularly scheduled to work 30 hours per week or more. Temporary and seasonal employees are not eligible for benefits, regardless of the number of hours worked. D. Department Head Department Heads include: Assistant City Administrator, Planning and Development Director, Finance Director, Police Chief, Fire Chief, Public Works Director, and Parks and Recreation Director. E. Exempt Employee An employee who is exempt from the overtime provisions under the Federal Fair Labor Standards Act ("FLSA"). F. Full-Time Employee An employee normally scheduled to work consecutive, regular workweeks of at least forty (40) hours. G. Intern A high school or post-secondary student appointed for an indefinite period of time in order to gain experience in a particular field of study. Interns may be either paid or unpaid and are not eligible for benefits. H. Non-Exempt Employee An employee who is eligible for overtime compensation under the FLSA. Page 9 of 66 Page 28 of 352 I. Probationary Employee An employee who has not yet completed the required probationary period. J. Probationary Period The first twelve (12) month period after an employee is hired, promoted, transferred, re-employed, or reinstated to a position. K. Part Time Employee An employee who works less than forty hours per week. L. Temporary Employee An employee who is appointed for a limited time, normally not to exceed six months, for seasonal work, special projects, or during heavy workload periods. Also referred to as a "Seasonal Employee." Page 10 of 66 Page 29 of 352 IV. EMPLOYEE CONDUCT A. Conduct as a City Employee Employees are representatives of the city and have responsibility to assist and serve the public. Employees should exhibit conduct that is ethical, professional, responsive, and of standards becoming a city employee. To achieve this goal, employees must adhere to established policies, rules, and procedures and follow the instructions of their supervisor. The following values are important to our job of serving our citizens: 1. Commitment to excellence. Each employee is expected to perform their assigned duties to the best of their ability at all times. 2. Excellence in customer service. Each employee is expected to strive to provide efficient, effective, and equitable service to the citizens of Shakopee, and within the city organization. 3. Reinforcing a supportive atmosphere. Each employee is expected to be motivated, professional, courteous and respectful in working with citizens, co-workers and partners. 4. Continuously improving and innovating. Each employee is responsible for identifying opportunities for improvement and innovation, and working through appropriate channels to implement improvements to advance the City of Shakopee. 5. Working together to deliver public value. Each employee is expected to work collaboratively with co-workers, citizens and partners toward shared outcomes to deliver the best possible results for the City of Shakopee. B. Work Hours and Rest Periods. 1. Work Hours. The regular workweek for full-time, non-union employees is Monday through Friday from 8:00 a.m. to 4:30 p.m.,with a one-half hour unpaid lunch break; except as otherwise established by the department head in accordance with the custom and needs of the department. Every employee shall be ready to begin actual operations at the employee's place of work at the specified starting time. 2. Rest Periods. Each employee may take a 15-minute paid rest period for each four hours that they work. Each department head may schedule rest periods so as not to interfere with work requirements. Page 11 of 66 Page 30 of 352 3. Overtime. Employees must receive approval from their supervisor prior to working overtime and have an obligation to work overtime as requested by their supervisors. Supervisors will make reasonable efforts to balance the personal needs of employees when assigning overtime work,however, repeated refusal to work overtime may result in disciplinary action. 4. Non-exempt employees are not permitted to work"off the clock". Non-exempt employees must accurately record and report actual hours worked to ensure compliance with FLSA and proper compensation. C. Attendance and Absence. The operations and standards of service in the City of Shakopee require that employees be at work unless valid reasons warrant their absence. Employees who are going to be absent from work are required to notify their supervisor (or the supervisor's designee) as soon as possible, in advance of the absence. In case of an unexpected absence, employees should notify their supervisor (or designee) before the scheduled starting time and keep in mind the following procedures: • If the supervisor is not available at the time,the employee should leave a message that includes a telephone number where he/she can be reached and/or contact any other individual who was designated by the supervisor. • The employee must call the supervisor on each day of an absence extending beyond one (1) day, unless arrangement otherwise have been made with the supervisor. • Employees who are absent for three (3) days or more, and who do not report the absence in accordance with this policy,will be considered to have voluntarily resigned not in good standing. • The city may waive this rule, if extenuating circumstances warrant such behavior. • Failure to use the established reporting process will be grounds for disciplinary action. This policy does not preclude the city from administering discipline for unexcused absences of less than three (3) days. D. Emergency Closing of City Facilities In cases where the City Administrator determines that circumstances exist which pose a threat to the safety of employees and public patrons, or which prohibit the normal use of the city's facilities, he or she may order the closing of such facilities. Employees unable to report to work as a result of an emergency closing may record the time missed as vacation or comp time, or may take the time as unpaid leave if they do not have sufficient paid leave available. Page 12 of 66 Page 31 of 352 E. Dress. The dress and appearance of city employees is a direct reflection on the professionalism of our services. City employees meet with the public everyday as part of the regular workday. A neat,well-groomed and appropriately dressed employee will present a positive image of the city and demonstrate the pride of our city employees. At all times, regardless of the style of clothing that is worn, clothing must be clean, neat and free of holes,tears, fraying, patches, signs of wear or excessive wrinkles or noticeable stains.Any clothing that, by fit or design, is revealing or provocative is not suitable for our business environment. If one's attire is most appropriate for the gym, tennis court,beach or nightclub, it is not appropriate in a business environment. When in doubt about the appropriateness of any attire, leave it out of the work wardrobe. Employees are expected to use good judgment. 1. Non-uniformed Personnel. a. Employees Working Primarily in an Office Setting: The following are some examples of acceptable clothing for employees who work in the office environment: • Shirts with collars or buttons, sweaters,vests, blazers,jackets, blouses,knit tops,turtlenecks, business suit, skirt and blouse, business dress • Dress slacks/trousers, Docker-type khaki or twill casual pants • Casual flat shoes, loafers, dressy sandals in the warm weather months (not athletic or sport sandals). b. Employees Working in a Construction, Recreation or Similar Setting: For employees who work in the field, such as Engineering Technicians, Building Inspectors and Facilities Maintenance staff, or who provide recreational programming, some examples of acceptable clothing include: • All of the items mentioned above, except no open toed shoes. • Like-new denim jeans • T-shirts or sweatshirts without prominent slogans, advertising, or printing • Like-new tennis/athletic shoes, unless prohibited by OSHA Rules • Knee length dress/walking shorts c. Examples of Unacceptable Dress The following are some examples of unacceptable appearance for employees, regardless of their job function: Page 13 of 66 Page 32 of 352 • Inattention to personal hygiene/cleanliness • Shorts (except knee-length dress/walking shorts, as listed in section b above) or spandex clothing • Tube tops, halter tops, muscle shirts and T-shirts with slogans • Athletic apparel including jogging suits and sweatpants • Undergarments as outerwear • Bib-overalls • Mini-skirts • Sweat bands, caps, or hats worn indoors • Any clothing with derogatory printed messages or graphic design • Flip-flops or other unprofessional footwear including worn-out athletic shoes • Clothing that is revealing, outlandish or body hugging such as spandex. • Clothing that is worn, faded or in disrepair. If health conditions exist which require an employee to wear an item listed as unacceptable, please consult with your supervisor. These examples are intended only as a guide and are not all-inclusive. 2. Uniformed Personnel. Uniforms,which are provided to some city employees, are expected to be neat, fresh and clean when reporting to duty. Uniforms should not be worn during off-duty hours. Each department is responsible for employees following regulations regarding uniforms, related accessories and equipment. 3. Casual Fridays. Fridays are designated as "casual day" in City Hall and the Community Center. On these days, nice jeans,t-shirts and sweatshirts, knee-length walking shorts and clean athletic shoes may be worn, but not the other items on the above list. Employees who take Friday off cannot substitute any other day of their choice as a"casual day." 4. Administration of Dress Code. Employees reporting to work in attire,which, at the discretion of their supervisor, Department Head or the City Administrator, is not befitting a professional image, shall be warned that such clothing is not to be worn again. An employee who continues to report to work in inappropriate attire will be sent home to change clothes. The employee will not be paid during the time required to return home and change clothes. F. Employee Identification Cards. All employees shall be issued employee identification cards. Each employee is responsible for having their identification card in their possession at all times while Page 14 of 66 Page 33 of 352 working and shall protect it from loss, theft or misuse. At any time while on duty or on City premises, employees shall produce their identification card at the request of any member of the public. Unauthorized or inappropriate use of the employee identification card is prohibited and will be subject to discipline. G. Use of Tobacco Products. The use of tobacco products is not permitted in any City building or vehicle or on City grounds except as follows: • Police Department. Persons under extreme stress who come into the police department, such as defendants and witnesses, may be allowed to smoke. • Break Time. Employees may only use tobacco products on their break time and in designated areas only. H. Conflicts of Interest. City employees must be exceedingly careful to avoid a conflict of interest or even the appearance of a conflict of interest. Therefore, a City employee, acting in the employee's official capacity, may not transact official City business with a family member, or with a business or person with whom that employee has a financial interest or involvement. Employees shall not enter into a relationship with a vendor where the employee's actions are, or may reasonably be viewed as, not in the best interests of the city. An employee who becomes involved in a possible conflict situation must report the possible conflict to the employee's supervisor and department head. If there is a question about whether or not a conflict exists, please consult with the City Administrator. I. Acceptance of Gifts. 1. General Rule. Pursuant to Minnesota Statutes section 471.895, no employee shall request, solicit, or accept a gift from any person or representative of a person or association that has a direct financial interest in a decision that the employee or the city is authorized to make, except as permitted under Minn. Stat. Sec. 471.895, Subd. 3. Employees should courteously decline all offers of gifts and gratuities. 2. Consult with Supervisor. Exceptions to the prohibition against gifts are rare. If an employee has any doubt about the propriety of a gift,the employee shall report the gift to his or her supervisor immediately. Page 15 of 66 Page 34 of 352 3. Exceptions. The prohibition in this section does not apply if the gift or gratuity is one of the following: • contribution as defined in Minnesota Statutes section 211A.01, subdivision 5; • services to assist an official in the performance of official duties, including but not limited to providing advice, consultation, information, and communication in connection with legislation, and services to constituents; • services,trinket or memento of insignificant monetary value; • a plaque or similar memento recognizing individual services in a field of specialty or to a charitable cause; • informational material of unexceptional value; • food or a beverage given at a reception, meal, or meeting away from the recipient's place of work by an organization before whom the recipient appears to make a speech or answer questions as part of a program; The prohibitions in this section also do not apply if the gift is given: • because the recipient's membership in a group and a majority of members are not local officials, and an equivalent gift is given to the other group members; or • by an interested person who is member of the family of the recipient, unless the gift is given on behalf of someone who is not a member of that family; or • by a national or multi-state organization of governmental organizations or public officials, if a majority of the dues to the organization are paid from public funds,to attendees at a conference sponsored by that organization, if the gift is food or a beverage given at a reception or meal and an equivalent gift is given or offered to all other attendees. J. Use of City Property. 1. City Property. No employee shall negligently lose, damage, or waste city property. No employee shall use city property for anything other than city work without the prior explicit permission of the employee's department head.All such property must be turned and accounted for by any employee leaving employment with the city in order to resign in good standing. 2. City Vehicles. City vehicles may be used for official business only, although they may be used for meals while the employee is otherwise driving about on city business. The Police Chief, Fire Chief, and other officials or employees approved by the City Council, may use a city vehicle for commuting as well as for official city business, so that they have a vehicle available for emergency responses. Page 16 of 66 Page 35 of 352 3. City Name. No employee may use the employee's job title or the city name to further personal or political goals. Job titles and reference to the city may be used only for official city business. K. Personal Activities. 1. Outside Employment. Employees must devote all work time to city business. No work relating to outside employment may be performed during work time. Employees must notify their supervisor of any outside employment. If the outside employment constitutes an irreconcilable conflict, as determined by the City Administrator,the employee must resign from either their city position or the outside employment. 2. Soliciting. All employee-to-employee solicitation on city property for products, services or causes is limited to two weeks in length and must be conducted: a) on break or meal time; b) in the lunchroom or break area of the worksite; c) in writing with the use of sign-up sheets or self-serve displays (no verbal presentations) or the city's intranet site; and d) only for non-profit organizations or causes or small personal items for sale. Employees are not permitted to market, sell or promote products or services related to on-going business ventures outside of city employment. The City Administrator may approve waivers on a case by case basis for special occasions such as the city employee health fair or wellness events. 3. Political Activities. As provided in Minn. Stat. Sec. 21113.09, an employee or official of the city may not use official authority or influence to compel a person (1) to apply for membership in or become a member of a political organization, (2) to pay or promise to pay a political contribution, or (3) to take part in political activity. 4. Personal Communications and Use of Social Media. It is important for city employees to remember that the personal communications of employees may reflect on the city, especially if employees are commenting on city business. The following guidelines apply to personal communications, including various forms such as social media (Facebook, Twitter,blogs,YouTube, etc.), letters to the editor of newspapers, and personal endorsements: • Remember what you write or post is public, and will be so for a long time. It may also be spread to large audiences. Use common sense when using email or social media sites. It is a good idea to refrain from sending or posting information or photos you would not want your boss or other employees to read, or you would Page 17 of 66 Page 36 of 352 be embarrassed to see in the newspaper. Keep in mind harassment, bullying, threats of violence, discrimination, or retaliation that would not be permissible in the workplace is not permissible between co-workers online, even if it is done after hours, from home and on home computers. • The City of Shakopee expects its employees to be fair, courteous, and respectful to supervisors, co-workers, citizens, customers, and other persons associated with the city.Avoid using statements, photographs,video or audio that reasonably may be viewed as malicious, obscene,threatening or intimidating, disparaging, or might constitute harassment or bullying. Examples of such conduct might include offensive posts meant to intentionally harm someone's reputation or posts that could contribute to a hostile work environment on the basis of sex, race, national origin, age, color, creed, religion, disability, marital status, familial status,veteran status, sexual orientation,gender identity, or gender expression, status with regard to public assistance or membership or activity in a local human rights commission. • If you publish something related to city business, identify yourself and use a disclaimer such as, "I am an employee of the City of Shakopee. However,these are my own opinions and do not represent those of the City of Shakopee." • City resources,working time, or official city positions cannot be used for personal profit or business interests, or to participate in personal political activity. Some examples: a building inspector could not use the city's logo, email, or working time to promote his/her side business as a plumber; a parks employee should not access a park after hours even though he or she may have a key; a clerk,while working at City Hall, should not campaign for a friend who is running for City Council. • Personal social media account name or email names should not be tied to the city (e.g., (city name) Cop). L. Media Requests All city employees have a responsibility to help communicate accurate and timely information to the public in a professional manner. Requests for private data or information outside of the scope of an individual's job duties should be routed to the appropriate department or to the data practices authority. The city maintains a media relations policy that all employees must be aware of and follow accordingly. M. Lawsuits Against the City. All questions pertaining to lawsuits shall be referred to the City Administrator. All city employees must promptly notify their supervisor in the case of incidents,which reasonably may be expected to result in a lawsuit. The supervisor must promptly report the incident, in writing,to the City Administrator. Page 18 of 66 Page 37 of 352 N. Safety 1. In General. Employees must take proper precautions to prevent accidents and work safely. Employees shall follow safe practices and all safety regulations concerning their job. Injuries should be reported immediately to the employee's supervisor. Any employee who notices an unsafe condition must immediately report it to the employee's supervisor. 2. Hazardous Substances. Any employee routinely exposed to hazardous substances or harmful physical agents as defined in Minnesota Statutes Chapter 182 shall be trained before being assigned or reassigned to work exposing the employee to such substances or agents and shall be given training annually thereafter. Training shall include an explanation of how and where information about hazards is stored in the workplace, how the hazards are labeled, and where to obtain specific information. Department heads shall provide for such training and for compliance with the "Minnesota Employee Right to Know Act of 1983," including the establishment of specific policies to insure compliance with the state law and regulations. An employee acting in good faith has the right to refuse to work under conditions that the employee reasonably believes present an imminent danger of death or serious physical harm to the employee. 0. Drug-Free Workplace Policy 1. In General. The city intends to provide a drug-free, safe, and secure work environment. No employee may be under the influence of, use, manufacture, possess, sell, or transfer drugs or alcohol while the employee is working or on city property or operating a city vehicle, machinery, or equipment, except to the extent authorized by a valid medical prescription, or when engaged in authorized Police Department activities. This Policy shall be interpreted consistently with Minn. Stat. Sec. 181.950 et seq. and applicable federal law. 2. Reporting. Employees must report,to their department head, any conviction under a criminal drug statute for violations occurring on or off work premises during the employee's workday or while conducting city business. A report of the conviction must be made within five days after the conviction as required by the Federal Drug- free Workplace Act of 1988. P. Drug Testing 1. Types of Testing. Employees are subject to drug and alcohol testing in the following circumstances: Page 19 of 66 Page 38 of 352 a. Job Applicant Testing. The city may require that all applicants who have received conditional offers of employment undergo drug and alcohol testing. If the offer of conditional employment is subsequently withdrawn, the city will notify the applicant of the reason for the withdrawal. b. Routine Physical Examination Testing. Any employee may be required to undergo drug and alcohol testing as part of a routine physical examination. The drug or alcohol test will be requested no more than once annually and the employee will be given at least two weeks' written notice that the test shall be required as part of the examination. c. Random Testing. An employee in a position in which impairment caused by drug or alcohol usage would threaten the health or safety of any person may be required to undergo random drug and alcohol testing. In addition, employees who are required to have a commercial driver's license are subject to random testing as required by federal law and the city's policy. d. Reasonable Suspicion Testing. Any employee may be required to undergo drug and alcohol testing if there is a reasonable suspicion that the employee: (a) is under the influence of drugs or alcohol; or (b) has engaged in the use, possession, sale, or transfer of drugs or alcohol while the employee is working or while the employee is on City property or operating a city vehicle, machinery, or equipment; or (c) has sustained a personal injury arising out of and in the course of employment, or caused another person to sustain a personal injury; or (d) has caused a work-related accident or was operating or helping to operate machinery, equipment, or vehicles involved in a work-related accident. e. Treatment Program Testing. Any employee may be required to undergo drug and alcohol testing if the employee has been referred by the city for chemical dependency treatment or evaluation or is participating in a chemical dependency treatment program under the city insurance, in which case the employee may be requested or required to undergo drug or alcohol testing without prior notice during the evaluation or treatment period and for a period of up to two years following completion of any prescribed chemical dependency treatment program. 2. Testing Procedure. Any department head or the City Administrator may order drug and alcohol testing. Before undergoing drug or alcohol testing,the employee shall complete a form (1) acknowledging that the employee has been given a copy of the city's drug and alcohol policy, and (2) indicating consent to undergo the drug and alcohol testing. Page 20 of 66 Page 39 of 352 3. Testing Laboratory. A laboratory meeting all requirements of state law, including those set forth in Minn. Stat. Sec. 181.953, shall handle all drug and alcohol testing. 4. Test Results. Within three days of obtaining the final test results,the testing laboratory shall provide the city with a written report indicating the drug(s), alcohol, or their metabolites tested for,the types of test conducted, and whether the test produced negative or positive test results. Within three working days after receipt of the test result report,the city shall inform the employee in writing of a negative test result on an initial screening test, or of a negative or positive test result on a confirmatory test. 5. Rights of Employees and Job Applicants. Employees and applicants have a right to request and receive a copy of the test result report. If an employee or applicant tests positive for drug use, the city will give written notice of the right to explain the positive test. Within three working days after notice of a positive test result on a confirmatory test,the employee or applicant may submit information to the city to explain that result or may,within five working days after notice of the positive test result, request a confirmatory retest at the employee's or the applicant's own expense. If the confirmatory retest does not confirm the original positive test result,the city will not take any adverse personnel action against the employee or applicant based on the original confirmatory test and will reimburse the employee for the expense of the retest. 6. Consequences for Refusal to Test. Employees and job applicants have the right to refuse to undergo drug and alcohol testing. However, failure to comply with the city's drug and alcohol policy, and refusal to take a drug and alcohol test upon request shall subject an employee to discipline, including discharge. If an applicant refuses to test, the job offer will immediately be withdrawn. Page 21 of 66 Page 40 of 352 7. Discipline.An employee who has a positive test result on a confirmatory test,when this is the first such result for the employee,will be subject to discipline but shall not be discharged unless (1) the employee has been given an opportunity to participate in either a drug or alcohol counseling or rehabilitation program,whichever is more appropriate, as determined by the city after consultation with a certified chemical use counselor or a physician trained in the diagnosis and treatment of chemical dependency, and (2) the employee has either refused to participate in the counseling or rehabilitation program or has failed to successfully complete the program as evidenced by withdrawal from the program before its completion or a positive test result on a confirmatory test after completion of the program. Participation in the specified program will be at the employee's own expense or pursuant to coverage under the city's insurance. All other employees obtaining a positive test result will be subject to discipline including discharge. 8. Classification of Data. Test result reports are private data on individuals as defined by Minnesota Statutes Chapter 13. Q. Workplace Violence Policy. Violence, or the threat of violence,has no place in any of the City of Shakopee's work locations. It is the goal of the city to rid worksites of violent behavior or the threat of such behavior. It is the shared obligation of all employees, law enforcement agencies, and employee organizations to individually and jointly act to prevent or defuse actual or implied violent behavior at work. Violence, or the threat of violence,by or against any employee of the City of Shakopee or other person is unacceptable and contrary to city policy, and will subject the perpetrator to serious disciplinary action and possible criminal charges. The city will work with law enforcement to aid in the prosecution of anyone outside of the organization who commits violent acts against an on-duty employee. 1. Prohibited Conduct. The city will make every reasonable effort to keep its employees as safe as possible and will not tolerate acts of violence. Acts of violence include, but are not limited to, the following: a. Causing physical injury to another person; b. Making threatening remarks, swearing and gestures; c. Aggressive, hostile behavior that creates a reasonable fear of injury to another person or subjects another individual to emotional distress; Page 22 of 66 Page 41 of 352 d. Intentionally damaging or threatening to damage employer property or the property of another employee; or member of the public; e. Possession of a weapon while on city property or while on city business; f. Sexual harassment, domestic violence or other offensive behavior; g. Deliberate or careless conduct endangering the safety of other employees. 2. On-the-Job. There are situations where relationships between employees, or between an employee and their supervisor, result in strong negative feelings by the individuals involved. Any person involved in situations where they fear that physical retaliation may take place, or where someone made verbal threats of physical violence, should immediately discuss it with their supervisor, department head or the City Administrator. Employees involved in fighting or making verbal threats will be disciplined, up to and including dismissal. 3. Dealing with the Public. Similar situations could occur in employee contacts with the public. While the city has a strong commitment to customer service,the city does not intend for employees to be subjected to verbal abuse by any customer. A supervisor, or police officer, should be requested to intervene when a customer is abusive. If there is a concern over the possibility of physical violence, the employee should discuss it with their supervisor. 4. Off-the-Job. An employee may be involved in a personal, non-criminal dispute with family members or acquaintances. If the situation escalates, individuals sometimes secure an "Order of Protection" or an "Injunction Against Harassment" or similar orders from the court. If an employee requests a court order, he or she should include the work location in the order. The employee should inform his or her supervisor of the order and provide a description of the individual cited in the order. Even in the case where an employee has not secured a court order but fears for his or her safety, the employee should call 911 and inform his or her supervisor as soon as practical. S. City Response. When any of the above situations is brought to the attention of a department head or the City Administrator, an evaluation of the severity of the situation must be made immediately. If it is concluded violence could result, management shall: Page 23 of 66 Page 42 of 352 a. Discuss the situation with employees who are likely to come in contact with the person. Management will provide a description of the subject and instructions on actions to be taken if the person comes to the worksite. b. In all cases, if there is an immediate need for Police Department intervention, call 911. 6. Possession and Use of Dangerous Weapons by Employees. In the interest of maintaining a workplace that is safe and free of violence, except as hereinafter provided, possession or use of dangerous weapons, except where such possession or use is specifically required as part of the employee's job duties, is strictly prohibited on City property, in City vehicles, or in any personal vehicle being used for City business. 7. Dangerous Weapons Defined. A dangerous weapon is any instrument capable of producing bodily harm, and that manifests an intent to harm or intimidate another person or that warrants alarm for the safety of another person. 8. Exceptions to Dangerous Weapons Prohibitions. Employees of the City of Shakopee may possess a firearm on City property only if they are engaged in military or law enforcement activities Additionally, City staff utilizes certain equipment that would be considered dangerous weapons if used improperly. The City needs this equipment for the efficient operation of various departments. However, every reasonable effort will be made to train employees on the proper use of equipment. Furthermore, any employee using City equipment for anything other than its intended use will be subject to disciplinary action. R. Sexual Harassment Policy. 1. Policy. The City is committed to providing a work environment that is free of discrimination and unlawful harassment. All employees are to enjoy a safe work environment free from unreasonable interference, intimidation, hostility, or offensive behavior on the part of supervisors, co-workers, or visitors. Sexual harassment in any form against any employee or member of the public will not be tolerated. Page 24 of 66 Page 43 of 352 2. Definition. Sexual harassment is unlawful under federal statue Title VII of the Civil Rights Act of 1964 as well as under Minnesota Statutes Chapter 363A. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, sexually-motivated physical contact, or other verbal or physical conduct or communication of a sexual nature,when: a. Submission to the conduct or communication is made a term or condition, either explicitly or implicitly, of an individual's employment; or b. Submission to or rejection of the conduct or communication by an individual is used as a factor in decisions affecting that individual's employment; or c. The conduct or communication has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment. 3. Supervisory and Administrative Responsibility. No supervisor shall engage in sexual harassment. If any discriminatory or unreasonable conduct is observed by a supervisor,the supervisor must ask the offending person or people to stop immediately and advise that discipline will follow if the behavior continues. Supervisors,who become aware of violations of the sexual harassment policy and fail to take appropriate action,will be subject to disciplinary action.All incidents or recurrences should be reported as described below. 4. Employee Responsibility. Employees shall conduct themselves in accordance with this policy and shall assist supervisors and department heads in maintaining a work environment free from sexual harassment. Any offensive conduct should be substantiated to the extent possible. Employees are encouraged to inform the offending person(s) that the employee finds the conduct offensive and request that it stop. The employee shall also immediately report any offensive conduct or incident of harassment to the department head or the City Administrator, as described below. Page 25 of 66 Page 44 of 352 S. Complaints. In order for the City to address offensive or harassing conduct, such conduct must be promptly brought to the City's attention. Complaints of sexual harassment shall be dealt with fairly and evenhandedly. The dignity of all the parties involved shall be considered. Any employee,who believes that he or she has been harassed, or has witnessed sexual harassment, should promptly report the facts of the incident or incidents and the names of the individuals involved to the employee's department head, or to the City Administrator. Department heads shall immediately report any and all such complaints to the City Administrator and, if appropriate, may assist in investigating the complaint. If a department head is the alleged perpetrator, complaints should be made directly to the City Administrator. If the City Administrator is the alleged perpetrator, complaints should be made to the Assistant City Administrator. 6. Investigation and Resolution. If deemed appropriate by the City Administrator,the City may conduct an investigation of the complaint. The investigation may include interviews with all relevant individuals and will be conducted in such a manner as to attempt to preserve the confidentiality and rights of all parties. The City will not retaliate against any employee who makes a report of sexual harassment, nor will it tolerate retaliation by any employee against the reporting employee. Employees who engage in retaliatory conduct may be subject to disciplinary action. Any employee who makes a false report of sexual harassment or gives false information during an investigation may also be subject to disciplinary action. Upon review of the results of the investigation, if there is one,the City Administrator may recommend: a. Counseling and/or training with affected employees to ensure understanding of what is prohibited, as well as the seriousness of the issue and the City's commitment to deal with violations of this policy; b. Discipline, including discharge. S. Performance Evaluations. City employees' performance shall be evaluated by their immediate supervisor and/or department head at least annually for the purpose of communicating strengths and weaknesses to the employee, as they relate to fulfilling the position duties and responsibilities. Page 26 of 66 Page 45 of 352 V. EMPLOYEE RECRUITMENT AND SELECTION A. Scope The City will hire and promote employees in accordance with this policy. The city administrator or designee will manage the hiring process for all positions within the city. All hires will be made according to merit and fitness related to the position being filled. The city administrator is the final authority regarding recruitment, selection and promotion of employees except department heads, police captains and police sergeants. The city administrator must recommend and the city council must approve the hire of department heads, police captains, police sergeants and new hires where the wage or salary is above the mid-point of the compensation schedule for the position. B. Selection Process The selection process will be a cooperative effort between the city administrator or designee and the hiring supervisor, subject to the final hiring authority of the city administrator or City Council. Any, all, or none of the candidates may be interviewed. The city has the right to make the final hiring decision based on qualifications, abilities, experience and City of Shakopee needs. C. Applications. All applicants for a position with the city must complete an application form. Any applicant giving false information or making false or misleading statements on the application or any application materials shall not be considered for the position or will be subject to immediate discharge. D. Pre-employment Background Check. In accordance with federal, state, and local law,the City may conduct a pre-employment background check, including, but not limited to, a criminal record check of candidates for employment. This pre-employment background check may include a credit check, depending on the job duties of the position being filled. E. Pre-employment Medical Exams. After a written conditional offer of employment is made, the City may require the candidate to take and pass a pre-employment exam, including a drug/alcohol test. Successful completion of other pre-employment screenings, such as a physical or psychological testing, may be required depending on the nature of the position. Examples of individuals required to undergo pre-employment (or pre-promotional) psychological testing include those applying for positions with the Police and Fire Page 27 of 66 Page 46 of 352 Departments, as well as those being considered for upper level supervisory or management roles, such as Department Heads. Candidates for a position as a Police Officer, Community Service Officer, Maintenance Operator, Mechanic or Firefighter shall also be required to successfully complete a functional capacity evaluation, physically demonstrating their ability to perform the essential functions of the position. F. Awarding Accrued Leave at the Time of Hire. At the time of hire,the city administrator may grant a new employee a total of 160 hours of accrued vacation and/or sick leave, or authorize the accrual of vacation at a rate up to the rate established for employees with 6 - 15 years of experience under the City's vacation policy, if it is deemed necessary to do so in order to attract the most well qualified candidate. The City Council may approve a greater grant of accrued leave or faster accrual of leave. G. Probationary Employees. 1. Probationary Period. All employees shall be required to successfully complete a 12- month probationary period when they are first hired, re-employed, or reinstated to a position.All employees who are promoted, demoted, and transferred shall be required to successfully complete a 6-month probationary period. This intensive review period shall be utilized for observing the employee's work, for securing the most effective adjustment of the employee to a position, and for rejecting an employee whose performance does not meet the required work standards. 2. Extension. The probationary period may be extended for an additional six (6) months at the City Administrator's discretion. Any employee who has his or her probationary period extended, shall not be eligible for a wage step-increase until such time as the probationary period has been successfully completed. In cases where the probationary period is extended,the employee's anniversary date for the purpose of future step increases shall be the date the probationary period is successfully completed. 3. Discharge. The city administrator may discharge an employee at any time during the probationary period, with or without just cause. An employee so discharged shall be notified in writing and shall not have the right to appeal, subject to the rights of veterans. 4. Completion. The city administrator shall be responsible for determining successful completion of probationary periods. Page 28 of 66 Page 47 of 352 H. Temporary Appointments. Whenever a position is vacant or the position holder is absent for two-consecutive pay periods or more,the City Administrator may designate an individual to temporarily fill the vacant position as "Acting." If the city administrator determines it is appropriate, and budgeted funds are available; the city administrator may approve a temporary pay increase for"acting" positions of no more than 5% of the employee's current salary to recognize extra duties related to the "acting" position. I. Promotions. 1. Abolition of Current Position. The City Administrator or City Council may abolish a position and promote an employee into a similar, more responsible, position in the same or related department. In this instance,the procedures for filling a vacant position need not be followed. 2. Internal Promotion. Department Heads may recommend to the City Administrator that an opening within their Department be filled by internal promotion of another individual currently employed in that department,without an external posting of the position. Such promotional opportunities shall be publicly posted within the Department for a minimum of three-days and all applicants meeting the minimum qualifications shall be interviewed prior to a hiring recommendation. Current City employees wishing to be considered for openings in another City department must submit an application as part of the external posting process. J. Employment of Relatives. No person shall be appointed, promoted, demoted or transferred to a position where that person would be on a daily basis supervising, or receiving supervision from that person's spouse, any person permanently residing with the employee, a child, parent, sibling, grandparent, or grandchild of either the employee or of the employee's spouse. Employees may be temporarily placed in the position of supervising a relative,with the advance approval of the City Administrator. Such temporary supervision shall be limited to providing work direction, and shall not include the authority to recommend hiring, promoting, terminating, disciplining or adjusting the compensation of a relative. Page 29 of 66 Page 48 of 352 VI. POSITION DESCRIPTIONS, CLASSIFICATION,AND COMPENSATION A. Position Descriptions The city will maintain position descriptions for each regular position. The position description will include such information as deemed advisable by the city administrator in accordance with human resources best practices. The city administrator may approve revisions to existing position descriptions provided revisions do not increase the classification of the position. Assignment of position titles, establishment of minimum qualifications, and the maintenance of position descriptions and related records is the responsibility of the city administrator. The city council must approve new positions and revisions of position descriptions resulting in a higher classification. B. Assigning and Scheduling Work Assignment of work duties, and scheduling work is the responsibility of the supervisor subject to the approval of the city administrator. The city administrator may assign a position to a different department on a temporary or permanent basis based on the workload and needs of the city. C. Position Classification and Compensation It is the responsibility of the city to develop and maintain a Compensation Plan and a Job Classification Plan in accordance with state and federal laws for all applicable positions within the city, subject to review and approval by the city council. The city maintains these plans as policies separate from this policy. Employees may review the plans upon request to the city administrator. 1. The Job Classification Plan will classify positions using a point factor rating process and an appropriate range will be assigned. The process and the factors utilized are intended to provide a systematic methodology for evaluating all positions within the city. 2. The Compensation Plan provides that employees will be assigned an appropriate pay range,which corresponds to their job classification. Pay ranges carry minimum and maximum rates of pay. An employee shall not be paid less than the minimum rate nor more than the maximum rate for his or her assigned job description, except in certain circumstances as referenced in city policy. Page 30 of 66 Page 49 of 352 Increases in pay shall generally be considered during the annual budgeting process,to be implemented at the beginning of a new fiscal year in accordance with the City's Compensation Plan. D. Paydays. Employees normally shall be paid bi-weekly. When a payday falls on a holiday, employees shall receive their pay the preceding workday. E. Direct Deposit. As permitted by Minn. Stat. 471.426, direct deposit of payroll is required for all employees. Employees may elect to have their paycheck divided amongst a maximum of four (4) bank accounts. Employees may change the bank account(s) to which their paycheck is deposited as necessary by filing a new Direct Deposit Agreement with the HR Specialist no later than the close of business ten calendar days prior to payday (i.e. the second Wednesday of a pay period.) Employees may access pay stubs via the city's online pay system. Paper pay stubs will not be provided unless it is impractical for the employee to access the information online. F. Pay Periods. A pay period shall be a fourteen (14) day period beginning on Monday at 12:01 a.m. and continuing to the second following Sunday at 12:00 a.m. (midnight). All hours worked shall be credited to the day and pay period when the shift began. For the purpose of computing overtime under the Federal Fair Labor Standards Act,the work period for all employees, except sworn police officers, is a seven-day period. Unless otherwise specified in writing by an employee's supervisor, the work period shall begin on Monday and end on Sunday. For sworn police officers,the work period is a 28-day period,with the first work period of the year corresponding to the first two pay periods of the payroll year and subsequent work periods following every 28 calendar days. Page 31 of 66 Page 50 of 352 G. Overtime and Compensatory Time. 1. Non-Exempt Employees. Non-exempt employees shall be compensated for work their supervisor requires them to undertake in excess of 40 hours per work week. Overtime must be assigned by or approved by an employee's supervisor prior to being worked. Unless otherwise established for an individual employee or group of employees,the work week begins on Monday at 12:01 a.m. and continues through Sunday at 12:00 midnight. Hours taken as sick leave,vacation leave, or holiday are considered hours worked, except as noted in Section F. The compensation shall be in cash or compensatory time at one and one-half times the regular rate of pay. The employee may choose whether to receive the cash or compensatory time. An employee's department head may require the employee to take compensatory time off within a specified period. A maximum of 40 hours of compensatory time off may be accumulated, and any additional overtime shall be paid in cash. The City Administrator may authorize accumulating compensatory time beyond the 40-hour maximum,but may require that the employee take time off within a limited time to reduce the balance of compensatory time off to the 40-hour maximum. 2. Part-Time Employees. Part-time employees are ineligible for compensatory time, however they will be paid at the rate of one and one-half times their base wage for any hours worked in excess of 40 hours in a single week. H. FLSA Safe Harbor for Exempt Employees 1. Department heads or supervisors may require exempt employees to work a schedule,to record daily attendance, and to record and track hours for billing or other business-related purposes that are directly related to the exempt employees' job duties. Department heads and supervisors will familiarize themselves with FLSA rules and regulations to ensure no exempt employee's FLSA protections are infringed upon. 2. The city will observe all FLSA rules and regulations as they apply to exempt employees. Page 32 of 66 Page 51 of 352 I. Employees Holding Two or More City Jobs 1. Non-exempt employees holding two or more jobs with the city who exceed 40 hours per work week shall be paid at a rate of one and one-half times the regular rate of pay for the job performed during the overtime hours. Hours worked at the employee's secondary position (i.e. as a substitute custodian or paid-on-call firefighter, for example) shall be paid overtime rates regardless of the point within the week when they occur. Hours taken as paid leave shall not count toward the calculation of hours worked. 2. Paid-On Call Firefighters. A regular employee who is also a paid on-call firefighter who is called away from his or her regular job during the normal work day will continue to be paid the employee's regular rate of pay for the regular job. The employee may not claim additional compensation for the time spent on the fire call, unless such time exceeds the employee's normal workday. All benefits and leaves shall continue to accrue without regard to time spent on fire calls. Page 33 of 66 Page 52 of 352 VII. BENEFITS A. Eligibility. All full-time employees and those part-time employees authorized to work at least 30 hours per week are eligible for and may receive certain benefits as set forth in this section. The employment benefits outlined in this section are offered at the city's sole discretion, as determined annually by the City Council. The outline of these benefits should not be construed as a claim of entitlement to the benefits and the benefits may be changed from time to time, at the discretion of the City Council. B. Insurance. The city will provide medical, dental, life and long-term disability insurance to all eligible employees on the first of the month following thirty (30) days of continuous service. 1. Medical Insurance. Employees who are eligible for medical insurance may select individual,two-party, or family coverage. Employees who are covered under a spouse's group plan or have coverage with another carrier may waive coverage subject to completion of the City's Group Waiver of Coverage Form. The city shall make a specified contribution per month toward the cost of the city's medical insurance plan, and this contribution may differ depending on the type of coverage selected. Benefits-eligible part-time employees shall receive this contribution on a pro-rated basis. The difference between the actual cost of the selected coverage and the city's contribution shall be deducted from the employee's paycheck. The city may choose to segregate retired employees who are 65 or older from other employees for pooling purposes in determining the premium for insurance as allowed by state law. 2. Dental Insurance. Employees who are eligible for dental insurance may select individual,two-party or family coverage. Employees who are covered under a spouse's group plan or have coverage with another carrier may waive coverage subject to completion of the city's Group Waiver of Coverage Form. 3. The city's contribution towards dental insurance shall be the cost of single coverage. Benefits-eligible part-time employees shall receive this contribution on a pro-rated basis. Benefits-eligible part-time employees and employees selecting two-party or family dental coverage shall have the difference between the actual cost of the selected coverage and the city's contribution deducted from their paycheck. Page 34 of 66 Page 53 of 352 4. Life and Long-Term Disability Insurance. Employees who are eligible for life insurance and long-term disability Insurance may not waive this insurance. The city will fully fund the cost of long-term disability insurance and $25,000 in life insurance. Benefits-eligible employees may elect to purchase additional life insurance at their own cost, subject to the terms and conditions of the city's insurance carrier. 5. Continuation of Coverage. Employees and/or their dependents may elect to continue life, medical and dental insurance coverage beyond the date that it would otherwise terminate as provided by federal and/or state law. C. Deferred Compensation. The city offers select deferred compensation plans,which allow employees to have a specified pre-tax dollar amount withheld from their paycheck and invested for payment at a later date, usually at retirement or termination of employment. Contributions to these plans are financed solely by the employee,through payroll deduction. D. Retirement Benefits. Under state law, eligible city employees must participate in the Public Employee's Retirement Association (PERA). Retirement benefits accrue from both employee and employer contributions. Statutorily-defined contributions to the retirement system are mandatory and are deducted from the employee's pay each payroll period. E. Phased Retirement. Individuals who have been employed by the City of Shakopee for 5 years or more and who are age 55 or older may be offered a phased retirement benefit, upon the recommendation of the city administrator and approval of the City Council. The purpose of phased retirement is to allow long-term employees to work reduced hours while maintaining their benefits and assisting in the training of a new employee in their specialized skills and knowledge. In order to be eligible,the employee must hold a specialized position that will require significant training of a new or promoted employee. Employees offered and accepting a phased retirement benefit shall work no more than an average of 20 hours per week, but shall receive full insurance benefits, at the level they enjoyed prior to phased retirement, as well as pro-rated vacation, holiday and sick leave for a period not to exceed 6 months. F. Post-Employment Health Savings Plans. The city participates in the Post Employment Health Savings Plan administered by the Minnesota State Retirement System by contributing an equal dollar amount, as determined by the City Council annually, for all benefits-eligible employees. This money shall be deposited in employees' accounts in accordance with the terms and Page 35 of 66 Page 54 of 352 conditions of the plan. Additionally, all benefits-eligible employees shall contribute a percentage of their wages to the plan through payroll deductions, according to the contribution schedule in Appendix A of this document, or the relevant section of their union contract. G. Continuing Education/Tuition Reimbursement. 1. Eligibility. All full-time employees and benefits-eligible part-time employees may apply for continuing education benefits under this section. 2. Employee Tuition Policy. The City may reimburse an employee for tuition expenses and course fees under certain circumstances. There shall be no reimbursement for mileage/parking expense. Required books, student activity fees, and material costs will not be reimbursed. Tuition reimbursement is available for a course occurring in non-continuous classes over a period of time. 3. Pre-Approval. Prior to starting a class or classes,the employee must obtain approval from the employee's department head and the city administrator that the class, certificate, degree or overall achievement is job related and that the request is worthy and would fill a need within the city or department. The department head should verify that the department budget could cover this expense. Approval of enrollment in a multiple-year course of study is no guarantee that funding will be available in subsequent years. 4. Satisfactory Completion. The employee shall provide the department head with proof of satisfactory completion (i.e., a grade of C or above in technical school or undergraduate college; a grade of B or above in graduate school) of any course requested for reimbursement, prior to reimbursement. 5. Time Off. If classes are during the regular workday, a non-exempt employee must take that time as compensatory time,vacation time, or leave of absence without pay, or the employee can seek a flexible scheduling arrangement approved by the department head. Police officers also have the option of utilizing holiday time in cases where classes require time away from work. Classes or course work taken by the employee must not disrupt or interfere with normal departmental operations. 6. Continued Employment. The employee must remain with the City of Shakopee for two years following completion of the course, or reimburse the city for the expense. Page 36 of 66 Page 55 of 352 7. Funding Procedure. The city may reimburse an employee 100 percent for the first $1,000 of the cost of tuition per calendar year. After that,the reimbursement may be 50 percent. Total reimbursement may not exceed $3,000 per person per calendar year. The scope,terms and conditions of this reimbursement shall be defined and interpreted by the city administrator. Employees must submit valid receipts in order to be eligible for reimbursement. Reimbursement is limited based on availability of budgeted funds. H. Conferences and Seminars. 1. In General. The city may pay for conferences and seminars that the employee's supervisor determines will contribute to the better performance of the employee's job and the city's business. A conference or seminar is a course that occurs in one continuous block of time. To qualify for payment,the employee must secure the prior approval of their supervisor who should verify that the expenditure is within the departmental budget. Appropriate receipts must be kept, and all other travel expenses must be documented. Sufficient money must be available and budgeted in the departmental line item for travel and subsistence. 2. Criteria. Employees must meet the following criteria: a. To be eligible to attend a national conference, an employee must have been employed as a full-time employee by the City of Shakopee for one year, unless approved by the city administrator. Part-time employees and those employed less than one year are encouraged to attend state or local conferences. b. The employee's supervisor shall recommend that there will be a benefit to the City for the attendance by the employee at the conference; c. While attending a national or out-of-state conference, employees are presumed to work eight-hour work days and are ineligible for overtime compensation. d. Holidays which occur during the scheduled conference shall be charged against holiday leave. Use of sick leave is not permitted. I. City Reimbursement of Travel Costs 3. Page 37 of 66 Page 56 of 352 4. Purpose and Scope. It is the purpose of this policy statement to establish adequate internal controls to satisfy Internal Revenue Service (IRS) regulations, State laws, and to provide a framework to use as a guide to prescribe circumstances for which travel reimbursements or travel purchasing card transactions will be authorized. Only claims for accommodations and services actually incurred or in accordance with the Standard Federal Per Diem Rate in the case of meals and incidental expenses would be reimbursed once the Travel Expense Report has been approved. Employees are expected to utilize the same care when incurring official expenses that a prudent person would utilize if traveling on personal business. 5. City Reimbursement of Travel Costs. The City will pay or reimburse all travel costs that are both reasonable and necessary.All persons conducting official City business are expected to show good judgment in the nature and amount of expenses incurred while conducting City business. Per Minnesota Statute, purchases of alcoholic beverages cannot be reimbursed. Travel must be by the most direct or normally traveled route unless approved in advance by the employee's supervisor. Reimbursement will be limited to the cost of travel by a direct route or on an uninterrupted basis. The employee will be responsible for any additional costs exceeding the business purpose related expenses. The following expenses may be approved for reimbursement: a. Transportation. Coach airplane passage is considered standard for travel out of the five state region, as air travel is usually more economical in time and money than other modes of transportation when making long trips. b. Traveling by Automobile (City&Personal).When traveling in a City vehicle,the employee should use a City assigned purchasing card for fuel expenses or their own credit card if a City purchasing card is not available. Due to potential liability considerations, transportation of persons not on official City business is prohibited in City vehicles. The City is not responsible for damage to personal vehicles while on official business, as the employee's vehicle is not covered by the City's insurance coverage. When personal automobiles are used as a mode of transportation for travel within the five state region, reimbursement will be made at the mileage or allowance rate in effect at the date of travel. Payment of mileage will be based on the most direct route from the point of departure to the point of destination. In instances when the person receives a car allowance, additional mileage reimbursement is not allowed in accordance with Minnesota state law. Page 38 of 66 Page 57 of 352 c. Car Rental. Prior approval by the Department Head is required if it is necessary to rent a car at the travel destination. Pre-payment of a car rental can be made using d. Lodging. Hotel or motel accommodations should be appropriate to the purposes of the trip. Where multiple occupancy by other than City employees/officials occurs, only the actual cost of the single room rate (if different from the double room rate) may be claimed for reimbursement or charged. Business telephone calls and reasonable personal telephone calls incurred during overnight stays are reimbursable.When assigned, a City mobile device or cell phone should be used for telephone calls. Expenses that are not deemed reasonable and necessary will not be reimbursed. Some non-reimbursable examples are: movies in your hotel room, fees to use the hotel's health club, dry cleaning, and personal items (such as toothpaste, shampoo, etc.) e. Per Diem. The per diem allowance is a daily payment for meals and related incidental expenses when overnight travel accommodations are necessary, in accordance with published federal per diem rates instead of receipt based reimbursement.An employee may claim an amount not to exceed the allowable per diem rate in accordance with the Standard Federal Per Diem Rate Schedule in effect at the time of travel (current per diem rates are located on the City's internal website).A City assigned purchasing card may NOT be utilized to pay for meal expenses when per diem is claimed. The per diem allowance is separate from lodging,transportation and other miscellaneous expenses. The per diem allowance covers all charges, including taxes and service charges where applicable for: • Meals. Expenses for breakfast, lunch, dinner, snacks and related tips and taxes (specifically excluded are alcoholic beverage and entertainment expenses, and any expenses incurred for other persons). • Incidental expenses. Fees and tips given to porters,baggage carriers, bellhops, and hotel maids. Employee is entitled up to the allowable daily Federal per diem amount for the area. Employees may claim full per diem for the day of departure and the day of return from a business trip, regardless of the departure or arrival time. However, for meals provided by the conference or training event, the daily per diem amounts are adjusted by the following guidelines: • If one meal is provided at no cost,the employee is still eligible for full per diem. • If two meals are provided at no cost, per diem is reduced to two-thirds. • If three meals are provided at no cost, per diem is reduced to one-third. Page 39 of 66 Page 58 of 352 Per diem cannot be used for travel related costs that do not involve an overnight stay. f. City Reimbursement of Travel Costs that do not Require Overnight Travel. Travel plans involving expenses that do not require overnight travel accommodations will be reimbursed based on actual cost substantiated by appropriate receipts. The employee is entitled to reimbursement of meal expenses after submitting actual receipts. No reimbursement is authorized if meals are provided during the meeting or event.When available,the assigned City purchasing card should be used for these type of activities. This includes training or meetings within the metro area. g. International Travel. For domestic travel purposes, the IRS definition of the United States includes the 50 states and the District of Columbia. The purpose of travel outside the United States for City business must be unquestionably professional in content and should only be considered if a similar meeting, conference, or training of similar quality cannot be found within the continental limits of the United States. International travel expenses for business related purposes are deductible, as outlined in the IRS Code Publication 463 (Travel Outside the United States),but may be limited if the travel involves non-business activities. h. Other. Falsification of travel documents/expense reporting, resulting in overpayment of the City's assets, may be cause for disciplinary action. It is the employee's responsibility to: • Maintain accurate records; • Make a conscious effort to minimize expenses while maintaining an adequate level of comfort and convenience; • Request reimbursement in an accurate and timely manner, 60 days or less. J. Membership Fees. Upon approval of the department head, the city will pay for membership in professional organizations where membership is required by law or is deemed beneficial to the city. Page 40 of 66 Page 59 of 352 VIII. HOLIDAYS A. Eligibility. Non-union,benefits-eligible employees are entitled to time off with pay on the holidays listed in section C, unless required by their supervisor to work due to the nature of their duties or other exceptional conditions or circumstances. Benefits-eligible part-time employees shall receive pro-rated holiday pay. Employees on unpaid leave at the time of a holiday will not receive pay for the holiday. Benefits-eligible employees subject to a union contract shall receive paid holidays as outlined in the current contract. B. Pay for Holidays Worked. Non-exempt, benefits-eligible employees required to work on a holiday listed in section C shall be paid at the rate of one and one-half times the employee's base pay for the hours worked, plus the employee's regular rate of pay for the holiday. Employees are considered to have worked a holiday only when their shift begins on a holiday, in which case the entire shift shall be paid as a holiday. Exempt employees required by their supervisor to work on a city-observed holiday shall be entitled to observe their holiday on a different day, as approved by the supervisor. Part-time employees who are not benefits-eligible but who are required to work on a holiday listed in section C shall be paid at the rate of one and one-half times their regular rate of pay for the hours worked. In the case of city departments or functions that operate seven days per week, holiday pay shall be paid for the actual holiday, rather than the observed holiday as defined below. C. Designated Holidays. City offices shall be closed for business on each holiday listed below, but employees may be required by their supervisor to work on holidays when the nature of their duties or other conditions require. When a holiday falls on a Saturday,the preceding Friday is a holiday. When a holiday falls on a Sunday,the following Monday is a holiday. In calendar years during which December 24 and/or December 25 fall on a weekend,the Christmas Eve holiday shall be converted to a second floating holiday to be taken on a day of the employee's choice as approved by their supervisor. If a holiday occurs during an employee's scheduled vacation, it shall not be counted as part of said vacation. The following days are designated holidays: Holiday Celebrated Date New Year's Day January 1 Page 41 of 66 Page 60 of 352 Martin Luther King's Birthday Third Monday in January President's Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Veterans Day November 11 Thanksgiving Day Fourth Thursday in November Friday after Thanksgiving the Friday after the 4th Thurs. in Nov. Christmas Eve December 24th Christmas Day December 2Sth D. Floating Holiday. Benefits-eligible employees, including those on probation, are awarded one Floating Holiday per year,to be taken on a day of their choice,with prior approval of the employee's supervisor. Benefits-eligible part-time employees shall receive a pro-rated floating holiday. The floating holiday must be taken and paid out by the 1st payroll in December of any given year.An unused floating holiday shall be forfeited and may not be carried over to the next payroll year nor paid as severance. The floating holiday shall be taken in its entirety on a single day. A floating holiday may only be combined with hours worked on a given day in the case of: 1) part-time employees, or 2) employees called in by their supervisor for unscheduled work (such as snow-plowing). Page 42 of 66 Page 61 of 352 IX. LEAVES A. Vacation Leave. 1. Amount. All full-time and benefits-eligible part-time employees shall accrue vacation leave on a bi-weekly basis. For full-time, non-exempt employees,vacation time shall accrue in accordance with the following schedule: 0 - 5 years employment 80 hours annually 6 - 15 years employment 120 hours annually 16 - 20 years employment 160 hours annually 21+ years employment 160 hours plus 8 hours for each year worked over 20,to a maximum of 200 hours Benefits-eligible part-time employees shall accrue vacation leave on a pro-rated basis. 2. Measurement. Each twelve months of continuous employment with the City of Shakopee shall count as one year of employment for the purpose of vacation leave. 3. Accumulation. Vacation leave provides time away from the job for rest and recharging. It is in the best interest of the employee and the city that employees use this benefit periodically. 4. Employees who have 0 to 15 years of employment with the city may accumulate no more than 240 hours of vacation leave. Employees who have 16 or more years of employment with the city may accumulate no more than 360 hours of vacation leave. Under extraordinary circumstances, the city administrator may approve the temporary accumulation of hours above the applicable cap. 5. When Taken. Vacation leave may be used no sooner than the next pay period after earned, subject to approval by the department head. 6. Exempt Employees. Exempt employees shall accrue vacation leave on a bi-weekly basis like all other employees. However, exempt employees shall accrue vacation in accordance with the following schedule: 0 - 5 years employment 120 hours annually Page 43 of 66 Page 62 of 352 6 - 15 years employment 160 hours annually 16 - 20 years employment 200 hours annually 21+ years employment 200 hours plus 8 hours for each year worked over 20,to a maximum of 240 hours B. Sick Leave. 1. Accrual. Full-time,benefits-eligible employees shall accrue paid sick leave at the rate of 3.69 hours on a bi-weekly basis. Benefits-eligible part-time employees shall accrue sick leave on a pro-rated basis. An employee may accumulate no more than 960 hours of sick leave. 2. Use of Sick Leave. a. For the employee. An employee may use sick leave when the employee is unable to perform work duties due to illness, disability,the necessity for medical, dental or chiropractic care, childbirth or pregnancy disability, or exposure to contagious disease where such exposure may endanger the health of others with whom the employee would come in contact in the course of performing work duties. Illness or injury occurring while an employee is on vacation shall not be charged to sick leave, but shall remain as vacation. b. For a child or spouse. An employee may use sick leave to care for an ill child under the age of 18 (or who is incapable of self-care because of a physical or mental disability) or spouse when the employee's attendance with the child or spouse may be necessary. c. For other relatives. An employee may use up to 160 hours of accrued sick leave per calendar year to care for an adult child, sibling, parent, mother or father-in- law, son-in-law, daughter-in-law, grandchild, grandparent, stepparent, or any other relative residing permanently with and dependent upon the employee, who is ill or injured. Page 44 of 66 Page 63 of 352 d. For safety leave. An employee may use sick leave for reasonable absences in order to receive assistance needed because they are the victim of sexual assault, domestic abuse or stalking. Employees may also use sick leave to provide or receive assistance for a child, spouse, sibling, parent, mother-in-law, father-in- law, grandchild, grandparent, or stepparent who is the victim of sexual assault, domestic abuse, or stalking. Safety leave for those listed, other than the employee and the employee's minor child or spouse, is limited to 160 hours in any 12-month period. e. Abuse of Sick Leave. In cases where an employee is found to have taken sick leave absent one of the eligible uses listed above,the employee's time away from work will be charged against their vacation time and the employee shall be subject to discipline. 3. Proof. To be eligible for sick leave with pay, an employee shall: (a) report as soon as possible (and in any event within one hour of the start of the employee's shift or workday) to the employee's supervisor the reason for the absence for each day of absence; and (b) keep their supervisor informed of the sick person's condition, and submit a medical certificate or other evidence from a physician for any absence if required by the city administrator. 4. Conversion. Employees who have accumulated more than 160 hours of sick leave may elect to convert a portion of their sick leave to vacation leave. Such conversion shall be limited to sixty hours of sick leave, and may be converted at a rate of three hours of sick leave to one hour of vacation leave. If an employee elects to convert sick leave,the election must be in writing and be made once each payroll year at a time and manner established by the city administrator. C. Bereavement Leave. Sick leave may be granted for a maximum of three consecutive work days as bereavement leave for the death of the employee's spouse, for the death of a child, step- child, parent, step-parent, sibling, grandparent, or grandchild of the employee or of the employee's spouse, or for any other relative residing permanently with and dependent upon the employee. Employees may use one day of bereavement leave for all other funerals. Page 45 of 66 Page 64 of 352 D. Family&Medical Leave. 1. Purpose. The Family Medical Leave Act (FMLA) is intended to balance the demands of the workplace with the needs of families,to promote the stability and economic security of families, and to promote national interests in preserving family integrity. It is intended to benefit employees as well as employers by providing up 480 hours of unpaid,job-protected leave for the birth of a child, adoption, foster care and certain family and medical reasons. 2. Eligible Employees. Eligible employees are those who have: a. Been employed by the City of Shakopee for at least one year; and b. Worked a minimum of 1250 hours within the previous twelve (12) month period. 3. Circumstances Covered by Family Leave ; j will be placed on FMLA leave when requesting time away from work for any of the following reasons: a. To care for the employee's child (birth or placement for adoption or foster care with the employee); b. To care for the employee's spouse, son or daughter, or parent,who has a serious health condition; or c. For a serious health condition that makes an employee unable to perform his or her job duties. d. To care for family members injured while on active military duty or to respond to the call-up of a family member in the National Guard or Reserves, as described in subsection 5 below. 4. Serious Health Condition. A serious health condition is defined as any illness, injury, impairment or physical or mental condition that requires: a. Inpatient care in a hospital, hospice or residential medical care facility; or b. Prenatal care; or Page 46 of 66 Page 65 of 352 c. Any period of incapacity requiring absence from work, school or other regular activities, of more than three consecutive calendar days,that also involves continuing treatment by, or under the supervision of, a health care provider; or d. Continuing treatment by, or under the supervision of, a health care provider for a chronic or long-term condition that is incurable or so serious that, if not treated,would likely result in a period of incapacity of more than three calendar days. 5. Leave Related to Military Service of Family Member. a. Military Caregiver Leave. The city will grant an eligible employee who is a spouse, son, daughter, parent, or next of kin of a covered service member with a serious injury or illness up to a total of 26 work weeks of unpaid leave during a "single 12-month period" to care for the service member. A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves,who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness. A serious injury or illness is one that was incurred by a service member in the line of duty on active duty that may render the service member medically unfit to perform the duties of his or her office, grade, rank, or rating. The "single 12-month period" for leave to care for a covered service member with a serious injury or illness begins on the first day the employee takes leave for this reason and ends 12 months later. An eligible employee is limited to a combined total of 26 work weeks of leave for any FMLA-qualifying reason during the "single 12-month period." (Only 12 of the 26 weeks total may be for a FMLA-qualifying reason other than to care for a covered service member.) b. Qualifying Exigency Caregiver Leave. The city will grant an eligible employee up to a total of 12 work weeks of unpaid leave during a rolling 12-month period that starts at the time of the FMLA qualifying event, for FMLA leave for qualifying exigencies arising out of the fact that the employee's spouse, son, daughter, or parent is on active duty, or has been notified of an impending call or order to active duty, in support of a contingency operation. Under the terms of the statute, qualifying exigency leave is available to a family member of a military member in the National Guard of Reserves; it does not extend to family members of military members in the Regular Armed Forces. Page 47 of 66 Page 66 of 352 Qualifying exigencies include: (1) short notice deployment; (2) military events and related activities; (3) child care and related activities; (4) financial and legal arrangements; (5) counseling; (6) rest and recuperation; and (7) post- deployment activities. 6. Length of Leave. The length of FMLA leave is not to exceed twelve (12) weeks in any twelve (12) month period, except in cases of Military Caregiver Leave,which may extend to 26 weeks, as described in 5a above. When applicable, FMLA leave shall be taken simultaneously with the Minnesota Parenting Leave, as described in paragraph (F) of this section. The entitlement to FMLA leave for the birth or placement of a child expires twelve (12) months after the birth or placement of the child. 7. Leave Year. The leave year will begin the first day the employee is absent from work on FMLA leave. 8. Notice. An employee must give the City at least 30 days advance notice if the leave is foreseeable. If leave is not foreseeable,the employee should give as much notice as is practicable. 9. Medical Certification. Upon request, an employee must provide a medical certification for their own serious health condition or that of a child, spouse, or parent of the employee. A "Certificate of Health Care Provider" form can be obtained from the City's HR� 0""I". . It is to be completed by the attending physician or practitioner. Documentation may also be required in the case of leave related to the military service of a family member. 10. Use of Accrued Sick Leave,Vacation Leave &Compensatory Time. During FMLA leave, an employee must use any sick leave,vacation leave and compensatory time which they have accrued. Police officers also have the option of utilizing available holiday leave. However, an employee may request to go on unpaid leave once they reach a balance of 40 hours or less of sick leave and vacation leave. All accrued compensatory time must be used prior to requesting unpaid leave. The use of sick leave,vacation leave and compensatory time occurs simultaneously with FMLA leave and cannot be used to extend or substitute for FMLA leave. Use of approved FMLA leave will not constitute a break in service for purposes of computing years of service. Page 48 of 66 Page 67 of 352 11. Both Spouses Employed by the City. When both spouses are employees of the city, each spouse may take up to 12 weeks of FMLA leaver per year. The leave may run simultaneously. 12. Insurance Continuation. During FMLA leave,the city shall maintain coverage for the employee under the city's group health plan. These benefits will be maintained under the same conditions, and at the same level of city contribution, as before the employee goes on leave. If there are changes to the city's contribution levels and/or premium rates while the employee is on leave,those changes will take place as if the employee were still on the job. The employee will be required to continue payment of the employee portion of the health care and/or other insurance coverage they choose to continue. During such time as FMLA leave is paid,the City of Shakopee will continue to collect the employee's share of the premium through payroll deductions. The employee may choose not to retain health care or other insurance coverage during FMLA leave. When the employee returns from leave, he or she will be reinstated on the same terms as prior to taking leave,without any qualifying period, physical examination, exclusion of preexisting conditions or other requirement. 13. Premium Reimbursement. The employee will be required to reimburse the city for any premiums paid during FMLA leave if the employee does not return to work for a minimum of 30 calendar days, unless the employee cannot return to work due to the continuation of a serious health condition of the child, spouse, parent or employee, or due to other circumstances beyond the control of the employee but related to the FMLA leave. 14. Leave Accrual. The employee will not accrue vacation and sick leave while on unpaid FMLA leave. Employees using a combination of paid and unpaid leave, or intermittent unpaid leave,will accrue vacation and sick leave on a pro-rated basis. Employees using paid leave will continue to accrue vacation and sick leave. 15. Key Employees/Return to Work. A key employee is defined as an employee who is in the highest paid 10% of all employees. A key employee may be denied reinstatement to the same or an equivalent position after FMLA leave if the denial is necessary to prevent substantial economic injury to the city's operations. Page 49 of 66 Page 68 of 352 16. Intermittent Leave. FMLA leave may be taken intermittently or on a reduced schedule if medically necessary or in the case of leave related to the military service of a family member. If not medically necessary,the department head and city administrator's approval is required. The city may require the employee to transfer to an alternative position of like status and pay while on intermittent leave. If leave is taken intermittently, it will not affect the status of an exempt employee under the Fair Labor Standards Act. All requests for intermittent leave will be evaluated on a case-by-case basis. 17. Return to Work. An employee returning to work from FMLA leave is entitled to the same position he or she held when the leave began, or to an equivalent position, with equivalent benefits, pay and other terms and conditions of employment. The employee will be required to submit a fitness for duty or return-to-work report, signed by the treating doctor, prior to returning to work if FMLA leave was for the employee's own serious health condition. 18. Effect on the Unpaid Leave of Absence Policy. This policy is not intended to conflict with the city's Unpaid Leave of Absence policy. That policy will continue to apply in situations that are not addressed by the FMLA. 19. Governed by Law. This FMLA leave policy is intended to be a general summary of the law. FMLA leave is governed by federal or state regulations. Those regulations shall control if they conflict with this policy. E. Bone Marrow Donor Leave. As prescribed by Minn. Stat. Sec. 181.945 and 181.9456, certain employees are eligible to take a paid leave of up to 40 hours to undergo medical procedures to donate organs or bone marrow. F. Leave Donation Policy 1. Scope This policy applies to all full-time, benefits eligible employees of the City of Shakopee. 2. Purpose This policy establishes a leave donation program, through which eligible employees may voluntarily donate a portion of their accrued sick or vacation time to a bank to be converted to assist another employee who has exhausted all forms of paid leave due to a medical emergency. Page 50 of 66 Page 69 of 352 3. Definitions a. Medical emergency A physician's diagnosis of a major life-threatening event of an employee or immediate family member that will require the employee to be absent a prolonged period from their employment duty. b. Immediate family For the purpose of this policy shall include employee's spouse, children, parents, and includes the children, parents, of the employee's spouse, and any person regularly residing in the employee's immediate household. c. Qualifying major life-threatening event Includes but is not limited to heart attack, stroke, cancer, organ transplant, life threatening illness or condition as defined by a physician's diagnosis using the FMLA medical certification of the catastrophic health problem. d. Policy In accordance with the terms and conditions of this policy, employees having accrued vacation and sick time can donate a portion of accrued leave to a bank of hours to be used to assist fellow employees experiencing a medical emergency. The city administrator has the right to deny or limit use of donated leave if it is determined to be in the best interest of the city. Nothing in this policy will be construed to limit or extend the maximum allowable absence under the Family Medical Leave Act (FMLA). This program is to run concurrently with FMLA. 4. Eligibility a. Donors Donor employees must be benefit eligible to participate in the leave donation program. Donors must have more than 120 total hours of accrued vacation, sick and compensatory time available after the donation. b. Recipients Recipient employees must be benefit eligible to participate in the leave donation program. Recipients must have a documented medical emergency and must have a combined balance of less than 40 hours in accrued sick,vacation and Page 51 of 66 Page 70 of 352 compensatory time. Employees receiving workers' compensation benefits from city-related injuries or illnesses are not eligible to receive donations. 5. Conditions The terms and conditions governing the Leave Donation Program are as follows: a. Requests for leave donation Request and donation forms are on the intranet or in Human Resources. Completed forms must be submitted to Human Resources. Human Resources will review the request. The approval of a request remains valid until the employee notifies Human Resources to annul the approval or the employee becomes ineligible to participate in the program. b. Participation Participation is voluntary and no employee shall pressure or otherwise attempt to influence another employee to donate accrued time. Human Resources may post information and general request information to inform employees of the program, and inform employees if there is a need for donated leave hours. All donations will be kept confidential and the city will not inform the recipient of the names of those donating hours or the number of hours which have been donated. No provisions of this policy or its administration shall be subject to review under the grievance or arbitration provisions of any collective bargaining agreement. 6. Recipient An employee is eligible to receive donated leave only for time lost from normal work hours and only to make them financially whole once their own paid leave banks have been exhausted. The Leave Donation Program wages shall be limited to the amount equal to that individual's regular gross earnings per pay period (i.e. current hourly base pay rate multiplied by regularly scheduled hours of work per pay period). Leave donations can be made only after an employee is forced by a medical emergency to be absent from work for more than five scheduled working days. Transfers of leave hours will be on an hour-by-hour basis; each hour of donor leave will be credited as an hour of leave for the recipient, paid at the recipient's current wage, regardless of any differences in pay levels. The IRS has ruled that these payments are considered wages and taxable income for the recipient. Page 52 of 66 Page 71 of 352 An employee may only receive leave donations once per 12-month period and may not receive more than a total of 40 work days or 320 hours of donated leave for any single major life-threatening disease or condition. Donated leave hours will not be counted toward seniority or leave accrual for the recipient. The recipient's anniversary date will be extended by the length of absence while participating in the Leave Donation Program. Donated hours will not count toward leave accumulation for the recipient or be used to extend medical benefits while using donated time. Employees will not accrue time while using donated leave. Receipt of donated leave will not be allowed once an employee is judged to be disabled by the major medical condition and will not be returning to work. Donated time cannot be used for severance pay, deposited into a sick leave bank, paid to an employee in the form of cash or used in any other manner other than what is stated in this section of the policy. 7. Donor An eligible employee who donates vacation and/or sick time understands this time is a "gift" and that the donated leave will be irrevocable, that the donating employee does not control the employee receiving the donated leave once donated, and any receiving employee has no obligation to pay it back. The IRS has ruled that the employee donating the leave realizes no income and incurs no tax-deductible expense or loss, either upon donation of leave or payment to the recipient. Donation of accrued time must be in whole hours, and will be donated to a bank.An employee may donate no more than 40 hours of leave per calendar year. Donated leave hours will be processed in the order of the date the donated leave was received by the pool,with the earliest date processed first. Donated leave will be held until the following pay period(s),when it is needed, and processed at that time. Once donated time has been transferred to the donated leave bank the donor may not revoke the transaction, even if it has not yet been paid. 8. Exceptions Exceptions to these requirements must be approved by the city administrator, and will only be granted in rare and unusual circumstances.Any questions regarding this program should be directed to Human Resources. Page 53 of 66 Page 72 of 352 The city specifically retains the right to administer the program in the manner it deems to be in the best interest of the city, including the right to amend,to alter,to further limit or to eliminate the program. G. Parenting Leave. As prescribed by Minn. Stat. Sec. 181.940 - 181.944 certain employees are entitled to up to twelve (12) weeks of unpaid parenting leave upon the birth or adoption of a child. 1. Eligible Employees. Eligible employees are those who have been employed by the City of Shakopee for at least twelve months preceding the request and worked an average of 20 hours or more per week. 2. Notice. Employees must give the city at least 30 days advance notice if the leave is foreseeable. If the leave is not foreseeable,the employee must give as much notice as is practicable. 3. Start of Leave. The leave begins at the time requested by the employee and must begin within twelve months of the birth or adoption. In the case where the child must remain in the hospital longer than the mother, the leave may not begin more than six weeks after the child leaves the hospital. 4. Length of Leave. The length of leave is determined by the employee, but may not exceed twelve (12) weeks. If the employee has any FMLA Leave eligibility remaining at the time this commences,this leave will also count toward FMLA Leave. The two leaves will run concurrently until eligibility is exhausted. 5. Use of Accrued Sick Leave,Vacation Leave &/or Compensatory Time. While on parenting leave, an employee must use any vacation leave and compensatory time which they have accrued. However, an employee may request to go on unpaid leave once they reach a balance of 40 hours or less of vacation leave. All accrued compensatory time must be used prior to requesting unpaid leave. 6. The use of accrued vacation or compensatory time occurs simultaneously with the parenting leave and does not extend the length of the parenting leave. 7. Insurance Continuation. Employees utilizing sick,vacation or compensatory time while on parenting leave will have their benefits maintained under the same conditions and at the same level of city contribution as before the employee goes on leave. Employees utilizing unpaid parenting leave may choose to continue coverage under the city's group health plan at their own expense. Page 54 of 66 Page 73 of 352 8. Status of Benefits. An employee will not accrue sick and vacation leave while on unpaid parenting leave. An employee using a combination of paid and unpaid leave will accrue sick and vacation leave on a pro-rated basis. An employee using paid leave will continue to accrue sick and vacation leave. 9. Return to Work. An employee returning from parenting leave will be reinstated to the same position or an equivalent position of comparable duties, number of hours and pay. 10. Impact on Family Medical Leave Act (FMLA). In most cases the Family Medical Leave Act (FMLA) policy will be applied to employees at the time of a birth or adoption because the provisions of FMLA are more beneficial to the employee. However, employees working between 20-24 hours per week are not eligible for FMLA but are eligible for parenting leave. In addition, an employee who has used the twelve (12) week allotment under FMLA for a serious health condition remains entitled to parenting leave for the birth or adoption of a child. H. School Conference and Activities Leave. As prescribed by Minn. Stat. Sec. 181.9412, an employee will be granted limited unpaid leave upon request for a child's school conferences or classroom activities, if the conference or classroom activities cannot be scheduled during non-work hours. I. Voting Leave. Employees are eligible for voting leave as provided in state law. Those employees required to work an 8-hour shift on Election Day have the right to be absent from work to vote during the morning of Election Day,with pay. No employee may be absent from work for more than one hour to vote without prior approval of the employee's department head. Each employee shall notify the department head prior to being absent. J. Jury or Witness Duty. When an employee performs jury duty or is subpoenaed as a witness in court or voluntarily serves as a witness in any case in which the city is a party, the employee is entitled to compensation from the city equal to the difference between the employee's regular pay and the amount received as a juror or witness. An employee who receives notice of jury duty or witness service shall notify the employee's supervisor immediately and provide a copy of the notice in order that arrangements may be made to cover the employee's position. Page 55 of 66 Page 74 of 352 K. Military Leave. 1. Paid Leave. Pursuant to Minnesota Statues Section 192.26, employees who are members of the National Guard, or any other branch of the state militia or the officers' reserve corps,the enlisted reserve corps, the Naval Reserve,the Marine Corps reserve or any other reserve branch of the military or naval forces of the United States are entitled to a paid leave of absence of up to fifteen (15) days in any calendar year for training or active service authorized by the proper authority. The employee shall not lose pay, seniority,vacation level, sick leave or any other benefits during the leave of absence. The leave will not be allowed if the employee does not return to work immediately upon being relieved from service, unless the employee is prevented from returning by physical or mental disability or other cause not the employee's fault or is required by the proper authority to continue in service beyond the 15-day leave period. 2. Unpaid Leave. Pursuant to 192.261 and U.S.C. Title 38, Sec. 2021, an employee who engages in active service in any of the military or naval forces of the state or the United States for which leave is not otherwise allowed by law is entitled to an unpaid leave of absence, with rights of reinstatement as provided by state and federal law. Such rights include, but are not limited to, the right to return to the same job or to a position with like seniority, status and pay if such a position is available at the same pay which the employee would have received if the leave had not been taken. Reinstatement is subject to the following conditions: 1) the position has not been abolished or its term has not expired; 2) the employee is not physically or mentally disabled from performing the duties of the position; 3) the employee applies for reinstatement within 90 days after termination of military service or within 90 days after discharge from hospitalization or medical treatment resulting from military service, provided that such application is within one year and 90 days after termination of military service; 4) the employee submits an honorable discharge or other form of certification that the employee's military service was satisfactory. Page 56 of 66 Page 75 of 352 3. Differential Pay. The City of Shakopee values the sacrifices made by employees who volunteer to serve their country through the National Guard and U.S.Armed Forces Reserves. The city aims to support such employees when they are called to active duty, and have them return safely and resume their civilian role with the city. In an effort to balance this desire with the realities of the city budget,the city offers employees the following opportunity in addition to the protections and benefits guaranteed by state and federal law. Full-time employees called to active military duty in the National Guard or U.S. Armed Forces Reserves for a period exceeding 30 days may request differential pay and/or continuation of benefits, if their expected military pay is less than their city pay. Requests must be made prior to the employee's departure and will be considered by the City Council on a case by case basis. 4. Rights of Others. An employee promoted or hired to fill a vacancy created by a person being on military leave may be appointed to the position subject to the return of the employee on military leave. Upon return of the employee on military leave, a promoted employee may be restored to the employee's original position or an equivalent position. A replacement employee may be subject to layoff if no other position is available. L. Unpaid Leaves of Absence. 1. Short Leave. The city administrator may grant an employee who has exhausted their paid vacation time and compensatory time, a leave of absence without pay for up to 40 hours per calendar year, upon the written recommendation of the department head. Use of short-term leave shall be in increments of time of not less than four (4) hours in duration; and requests for said use shall be submitted in advance, in writing.While on short leave of absence, the employee shall be treated in all respects as if the employee were working; including receiving benefits, except the employee shall forego the employee's salary. Page 57 of 66 Page 76 of 352 2. Regular Unpaid Leave of Absence. Upon written request,the city administrator may grant an unpaid leave of absence for a period not to exceed 90 days to an employee who has exhausted their paid vacation and compensatory time. Under no circumstances may an employee use a leave of absence to work for another employer or to pursue self-employment. The employee must request a leave of absence in writing and forward it to their immediate supervisor,who will then direct the request to the department head or the city administrator with the supervisor's/department head's recommendation.An unpaid leave of absence requires the advance written approval of the city administrator. The City Council may extend such leave to a maximum period of one year if the employee is disabled or where the City Council finds extraordinary circumstances warrant such extension. Benefits including vacation leave, sick leave, holidays or other forms of indirect compensation will not accrue during an unpaid leave of absence. The employee may continue to be covered by group medical, dental and life insurance, but will be responsible for paying one hundred percent (100%) of the premium costs. M. Absence Without Leave. An employee who is absent and fails to report the reason to the employee's supervisor within one hour following the start of the employee's workday may be subject to discipline,which may include deduction of pay for the period of absence. Page 58 of 66 Page 77 of 352 X. DISCIPLINE &GRIEVANCE A. Discipline Policy. 1. In General. City employees shall be subject to disciplinary action for failing to fulfill their duties and responsibilities. It is the policy of the city to administer disciplinary penalties without discrimination. 2. Probationary Employees. Just cause and progressive discipline are not required for probationary employees. Subject to state law on veterans' preference, and subject to Minn. Stat. Sec. 181.931 et seq., a probationary employee may be disciplined or discharged by the city administrator with or without just cause. 3. All Other Employees. Disciplinary action against employees shall be for just cause, as deemed appropriate by the city. The supervisor or department head may investigate any allegation regarding the employee on which disciplinary action is based before any disciplinary action is taken. When possible, discipline of employees will be based on the nature and severity of the infraction and conditions surrounding the incident. Discipline may include oral reprimand,written reprimand, suspension with or without pay, involuntary demotion, forced transfer to a comparable position,withholding a salary increase, decreasing the employee's salary and discharge. 4. Just Cause. Just cause for discipline includes any and all failures to fulfill an employee's duties and responsibilities. This includes, but is not limited to,the following: a. failure to properly perform job responsibilities set forth in the employee's job description; b. failure to comply with this policy; c. insubordination; d. engaging in actions or inaction that give the appearance of impropriety; e. exhibiting a disregard for the need to maintain the public's pride in the City and City government; f. failure to comply with the equal employment opportunity laws and regulations; g. knowingly making a false statement or disclosure; Page 59 of 66 Page 78 of 352 h. falsifying any City document; i. releasing private or other protected information in violation of Minnesota Statutes Chapter 13; j. entering into a contract on behalf of the City without the prior consent of the Council. S. Disciplinary Authority a. For all disciplinary issues department heads and supervisors are encouraged to consult with administration. b. Any disciplinary action that will result in documentation placed in an employee's personnel file requires prior consultation with the city administrator. c. The hiring authority for a position must approve of disciplinary action that results or may result in loss of wages such as suspension, demotion or termination. 6. Disciplinary Action Steps. The following steps may be used for disciplinary action against an employee. The city has the right to waive progressive discipline depending on the cause. a. Oral Reprimand. The employee's supervisor may give the employee an oral reprimand. A written note may be placed in the employee's personnel file indicating that an oral reprimand was given. b. Written Reprimand. The employee's supervisor may give the employee a written reprimand. The employee must sign the written reprimand to acknowledge its receipt. The signature of the employee does not mean that the employee agrees with the reprimand. The reprimand shall be placed in the employee's personnel file. c. Suspension or Other Disciplinary Action. An employee may be suspended with or without pay, demoted, transferred to a comparable position, placed on probation, denied a salary increase; or may receive a decrease in salary. Page 60 of 66 Page 79 of 352 The city will notify the employee of the reason for and length of the suspension, whether it is with or without pay, and any further discipline the employee may face should the misconduct continue. If an investigation is conducted and shows that the allegations of misconduct are false, the employee may receive back pay for some or all of the period of suspension, as determined by the city administrator. Any employee suspended without pay for more than one pay period shall continue to receive insurance benefits. The employee shall be responsible for paying the employee's share of any premiums if applicable. Such payment is due to the city by the 1st of each month for each full or partial month during which the employee is suspended. An employee suspended without pay for more than one pay period shall not accrue or be allowed to use any accrued leave or holiday leave. d. Discharge as Discipline. An employee may be discharged by the hiring authority only for just cause. 7. Hearing. In any case of discipline under (c) or (d) above,the employee may appeal to the City Council. The appeal must be submitted in writing to the City Council through the city clerk with a copy to the city administrator within 10 days following the disciplinary action. The action of the City Council will be final, subject to any right to appeal under state law. B. Grievance Policy. 1. In General. It is the policy of the city insofar as possible to prevent the occurrence of grievances and to deal promptly with those which occur. 2. Procedure. Employees may file a formal grievance in cases where they believe the policies and procedures of this personnel policy have not been fairly or accurately applied, so long as the subject matter is not covered by a collective bargaining agreement. Grievances shall be handled through the procedures set forth below, unless the grievance relates to sexual harassment, in which case the procedure set forth in the sexual harassment section of this policy shall control. a. Grievance Brought by Employee. An employee must submit a grievance to his or her supervisor in writing,within 10 days of the incident which is the subject of the grievance. If the supervisor is the subject of or a party to the grievance,then the employee may submit their grievance to the city administrator. Page 61 of 66 Page 80 of 352 b. Investigation. The city administrator shall discuss the relevant circumstances with the employee and may investigate the matters disclosed in or relevant to the grievance. An employee may choose to have a third party, such as a union representative or co-worker, present at an investigatory interview, however, that person has no right to interfere with or participate in the interview,but rather is present merely to act as a witness. c. Resolution. The supervisor shall consider and examine the causes of the grievance and any other related matters, and attempt to resolve the grievance. The supervisor shall provide written notice to the employee of the resolution, and of the employee's right to appeal the matter to the city administrator. d. Appeal. The employee may appeal the supervisor's resolution of the grievance to the city administrator. The appeal shall be in writing, and delivered to the city administrator within five days after the supervisor notifies the employee of the supervisor's resolution of the grievance. The city administrator's decision on the appeal is final. Page 62 of 66 Page 81 of 352 XI. SEPARATION A. Discharge. Subject to any applicable labor agreement, the City may discharge or separate a temporary or probationary employee from employment at any time. All other employees may be discharged as set forth below. B. Resignation. 1. Procedure. Any City employee wishing to leave the City's service in good standing shall file with the city administrator through the HR Department, at least fourteen (14) days before leaving, a written resignation stating the effective date of the resignation and the reason for leaving. Failure to comply with this procedure may be cause for denying such employee future employment with the city and denying severance benefits. 2. Use of Paid Leave following Resignation. Employees who have submitted their resignation may use no more than 40 hours of vacation leave (with supervisor approval) between the date their resignation was submitted and the effective date of the resignation. Exceptions to this policy may be allowed for special circumstances, contingent upon approval by the city administrator. 3. Unauthorized Absence. An unauthorized absence from work for a period of three (3) consecutive working days may be considered a resignation, and the employee shall not be entitled to severance benefits. C. Retirement. No city employee shall be required to retire at any specific age. D. For Disciplinary Reasons. Employees may be discharged for disciplinary reasons as outlined in Chapter X. E. Severance Pay of Unused Sick Leave. The City of Shakopee appreciates employees,who through long-term service and dedication, contribute to making the city a successful and positive service provider. In recognition thereof,the city provides an escalating sick leave payout based on years of service. Any benefits-eligible employee who is separated from his/her position by retirement,layoff or resignation shall receive a pay out of their accrued sick leave according to the following schedule: Years of Continuous Percentage of Accrued Service Completed Sick Leave Paid-Out Page 63 of 66 Page 82 of 352 0 - 4 years 0% 5 - 14 years 45% 15 years 55% 16 years 57% 17 years 59% 18 years 61% 19 years 63% 20 years 65% 21 years 67% 22 years 69% 23 years 71% 24 years 73% 25 years 75% *Anniversary date of full-time employment or part-time benefit-eligible date is used to compute years of service with Shakopee. A percentage of this lump sum payment may be deposited into the employee's Post Employment Health Care Savings Plan. Employees who are discharged for disciplinary reasons are not entitled to severance pay. Employees who resign without giving two (2) weeks written notice, except for reasons of ill health, may forfeit their rights to all accumulated sick leave. F. Compensatory Time. An employee who is separated for any reason shall be paid for any accumulated compensatory time. G. Vacation Time. An employee who is separated for any reason shall be paid for any accumulated vacation leave. H. Lay-offs. 1. Procedure. After at least two weeks' notice to the employee,the city administrator may lay-off any employee serving in a position that is not currently needed. No regular employee shall be laid off while there is a probationary or temporary employee serving in the same position for which the regular employee is qualified, eligible and available. Page 64 of 66 Page 83 of 352 2. Benefits. Benefits and leaves shall not accrue while an employee is laid off. Employees may elect to have any accrued vacation and compensatory time paid out to them at the time of a lay off or may choose to retain any balance until such time as they are either called back to work or officially terminated. Laid off employees may also elect to continue medical, dental and life insurance coverage by paying both the employer and employee share of the monthly premium(s) in advance by the first of each month. 3. Return to Work. If the City Council determines there is a need to reinstate laid-off employees,the impacted employee(s) shall be notified in writing of their reinstatement. Laid-off employees are responsible for keeping the city informed of the address and telephone number where the employee can be contacted. If the city is unable to contact the employee within seven calendar days,the city's obligation to reinstate the employee shall cease and the employee shall be separated from city employment by the City Council. The employee shall be entitled to applicable severance benefits. 4. Termination of Position. If the position is not filled again within one year,the position shall be eliminated and the employee terminated. The employee shall be entitled to applicable severance benefits. I. Involuntary Separation Pay for Long Term Employees. 1. Eligibility. A full-time, non-union employee who has been employed by the city for five or more years, and whose position has been eliminated resulting in an involuntary separation may be eligible for additional involuntary separation pay from the city. An employee who is discharged for cause or allowed to resign in lieu of discharge; whose position is funded by state or federal grants for a specified period of time and this time period has expired; or who resigns voluntarily or is unable to perform his or her job due to a disability is not eligible for involuntary separation pay. 2. Benefits. Eligible employees will receive the following benefits, in addition to the benefits covered elsewhere in this policy. e. One week of pay at their current pay rate for each year of service,to a maximum of twelve weeks of pay. Page 65 of 66 Page 84 of 352 f. Outplacement assistance up to a maximum of$2,000 per employee. The amount of assistance shall be determined by the City Council, upon recommendation of the city administrator, and shall take into consideration the type of position affected and market factors that may affect re-employment. The assistance shall be made in the form of reimbursement, and shall be made after the receipt of written documentation for eligible expenses. Employees must sign a separation agreement at the time of separation, request reimbursement within 6 months of separation from employment, and utilize their outplacement assistance within 12 months (unless an extension is approved by the City Council.). 3. Procedure. The involuntary separation pay will be based on the employee's current rate at the time of separation. It will be paid in a lump sum two weeks after the employee's last paycheck. Employees will be notified in writing of applicable dates and severance benefits. Page 66 of 66 Page 85 of 352 *4.A.6. pbllakA ' AKCFT. 7, Shakopee City Council April 3, 2018 FROM: Nate Burkett, Assistant City Administrator TO: Mayor and Council Members Subject: Recruitment stipends for existing employees when referring new lifeguards. Policy/Action Requested: Approve $100 taxable stipend payable to existing full or part time employees for the purposes of improving recruitment of lifeguards. Recommendation: Approve policy/action as requested. Discussion: The city continues to have a difficult time recruiting part time lifeguards. The lack of lifeguards causes issues with maintaining hours in the aquatic center at the community center, and is going to cause issues with hours at Sandventure this summer. Between now and the beginning of summer the city needs to add approximately 60 part time lifeguards. Staff has given a lot of consideration to options and has exhausted "traditional" recruitment channels. The city has had a long term open posting, and marketed the positions without success in bringing in a significant number of new staff. We propose this option to test if it has any impact on our ability to recruit quality candidates. If this action passes, all current full and part time employees of the city will be eligible to earn a $100 stipend for referring a new employee who serves as a lifeguard for the city. In order to earn the stipend the new lifeguard must serve successfully for at least 100 hours. The maximum amount any one employee will be eligible to earn is $500, and the maximum for the entire program will be set at $4000. The term of the program will be from passage until July 3, 2018. Budget Impact: Up to $4000, funded through budgeted salaries and wages line items in parks and recreation department budgets. Page 86 of 352 Page 87 of 352 *4.B.1. pb"IA ' AKOFT. 7, Shakopee City Council April 3, 2018 FROM: Nate Burkett, Assistant City Administrator TO: Mayor and Council Members Subject: Solicitation of Bids - Fire Station 1 Windows Policy/Action Requested: Approve solicitation of bids for Fire Station 1 Window project. Recommendation: Approve Policy/Action requested Discussion: Replacement of Fire Station 1 windows was included in the capital improvement plan for 2017. For various reasons the project was not completed during 2017 but funds are still available in the capital improvement fund. The existing windows in the building are original fixture to the building, and are made of wood. The existing windows, particularly on the south side of the building have failed to effectively hold water outside of the building, and the structure of the windows is failing. We have performed water testing, and testing on the windows including removing a window for the purposes of inspection. It is recommended to proceed with replacement of the windows, some minor repair of water damage, and sealing and water repellent to prevent future damage. RJM assisted in assessment and estimation of the project. Due to the slightly increased scope of the project to mitigate water damage and to install preventative measures, the project budget is higher than the amount included in the CIP. RJM currently estimate the base project to be approximately $161,000; with alternates estimated at $40,000. Wood windows will be replaced with aluminum windows of reasonable quality. The successful bid will be brought back to the council for consideration. Page 88 of 352 Budget Impact: Up to $200,000 subject to future council approval; funded by the Building Internal Service Fund. ATTACHMENTS: D Fire Station Window project estimate D Fire Station Window drawings D Fire Station Window project manual Page 89 of 352 March 23, 2018 Nate Burkett Assistant City Administrator City of Shakopee 485 Gorman St. Shakopee, MN 55379 Re: Shakopee Fire Department Exterior Windows Dear Nate, RJM Construction is pleased to present an estimate for the Shakopee Fire Department Exterior Windows project. Together with City of Shakopee and 292 Design, we can work as a team to deliver the project goals of cost, schedule and quality. Our estimate is based upon drawings dated March 19, 2018. Total Project Estimate: $160,909 ALTERNATES: No. 1: Remove and replace W8 entry door W10, W12 and door 202. Add $30,133 No. 2: Remove and replace hollow metal frame and door at stairwell exit. Add $2,969 No. 3: Add roller shades to all non-arched windows (jamb mounted and Add $8,951 manual operation). CLARIFICATIONS: No. 1: This estimate assumes that all work will be done during regular business hours. No. 2: We do not include removing, storing or re-installing any systems furniture. No. 3: Phone, data, AV and security are all excluded. No. 4: Architectural and engineering fees are not included. No. 5: Our estimate does not include any SAC and WAC fees. Thank you for the opportunity to provide this estimate. Our team is experienced and competent in your market; this applied knowledge will assist the team in obtaining the best possible project value. Please feel free to contact RJM if you have anv Questions or need additional information. Sincerely, Nathan Holasek Estimator 00111114 S T'RU CT11I IIIM ESTIMATE SUMMARY ESTIMATE DATE: March 23,2018 PROJECT: Shakopee Fire Department Exterior Windows ARCHITECT: 292 Design DRAWING DATE: March 19,2018 Base $/sf DESCRIPTION Notes Estimate 0 Construction Costs Demolition Included in Glazing $0 $0.00 Rough Carpentry Included in Glazing Number $0 $0.00 Millwork Includes Install $11,642 $0.00 Joint Sealants Included in Glazing Number $0 $0.00 Doors Frames Hardware See Alternates $0 $0.00 Glass&Glazing $82,665 $0.00 Gypsum Board $13,206 $0.00 Paint&Wallcovering Includes Water Repellant $17,145 $0.00 Window Treatments See Alternates $0 $0.00 General Conditions $10,176 $0.00 Final Clean $1,500 $0.00 General Liability Insurance $1,306 $0.00 Builders Risk Insurance $352 $0.00 Building Permit $3,123 $0.00 Bond/Sub Bonds $0 $0.00 Subtotal Construction Costs $141,115 $0.00 Escalation $0 $0.00 Contingency $0 $0.00 Contractor's Fee $5,574 $0.00 Total Construction Estimate $146,689 $0.00 Owner Costs SAC/WAC Fees $0 $0.00 Owner Furniture $0 $0.00 Owner Equipment $0 $0.00 Phone and Data $0 $0.00 Audio Visual $0 $0.00 Security Systems $0 $0.00 Nurse Call $0 $0.00 Owner Moving Expense $0 $0.00 Owner Artwork and Signage $0 $0.00 Subtotal Owner Costs $0 $0.00 Design Fees Arch.Design Fees $10,000 $0.00 Subtotal Design Fees $10,000 $0.00 Quality Control Inspec $4,220 $0.00 Subtotal Contingency $4,220 $0.00 Total Project Estimate $160,909 $0.00 Page 91 of 352 LU LJMM w 0 > 0 0 W P"**- CN g z F- CO M Q o � � o w Z LO M Y W0 W (� Q vj O W � Z J � co H w U O H O w F- = WW W Z H ❑ L M Q N M W OU = C,4 W ti z O L o Z W z oho OJ O ❑ 2 ti m 7 CO U w ij 00 N O � W Q 0-) H Z O z � U M 0 Z F- ZC O O O OU 00 U LL _w 2 U w Z LL W w W =w Q w 7 Q w CD w w > ci o- p ❑ � rn U LU ❑ U LLz 2i N LU LL Z _U W � W � a w w U O O W Q Z Y oY Z F- < o CD Q o 0 U .............I......................................................... .......................................................................................................................... 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END OF SECTION 18010.00/Shakopee Fire 000110- 1 TABLE OF CONTENTS Departrment Window Replacement Page 98 of 352 SECTION 07 1900 WATER REPELLENTS PART 1 GENERAL 1.01 SECTION INCLUDES A. Water repellents applied to exterior masonry surfaces. B. Pressure washing. 1.02 REFERENCE STANDARDS A. ASTM C67- Brick and Structural Clay Tile, Part 7-Water Absorption; 98% reduction in water absorption. 1. ASTM D3960-Standard Practice for Determining Volatile Organic Compound (VOC) Content of Paints and Related Coatings; 2005 (Reapproved 2013). B. ASTM D5095-Standard Test Method for Determination of the Nonvolatile Content in Silanes, Siloxanes, and Silane-Siloxane Blends Used in Masonry Water Repellent Treatments; 1991 (Reapproved 2013). C. ASTM E514-Water Permeance of Masonry; 100% reduction in leakage rate over the control; control wall must have a leakage rate of at least 2.0 liters/hour. D. ASTM G23 -Accelerated Weathering for 2000 hours; only 5% loss effectiveness over initial water repellency. 1.03 ADMINISTRATIVE REQUIREMENTS A. Preinstallation Meeting: Convene a meeting at least one week prior to starting work; require attendance of affected installers; invite Architect and Owner. 1.04 SUBMITTALS A. See Division 1 -Administrative Requirements, for submittal procedures. B. Product Data: Provide product description. C. Manufacturer's Installation Instructions: Indicate special procedures and conditions requiring special attention; cautionary procedures required during application. D. Manufacturer's Certificate: Certify that products meet or exceed specified requirements. E. Manufacturer's Field Reports: Report whether manufacturer's "best practices" are being followed; if not, state corrective recommendations. Email report to Architect the same day as inspection occurs; mail report on manufacturer's letterhead to Architect within 2 days after inspection. F. Maintenance Materials: Furnish the following for Owner's use in maintenance of project. 1. See Section 01 6000- Product Requirements, for additional provisions. 2. Extra Water Repellent Material: Two gallons of the type installed. 1.05 QUALITY ASSURANCE A. Manufacturer Qualifications: Company specializing in manufacturing the Products specified in this section with minimum three years documented experience. B. Installer Qualifications: Company specializing in performing the work of this section with minimum three years experience. C. Owner reserves the right to provide continuous independent inspection of surface preparation and application of water repellent. 1.06 MOCK-UP A. Prepare a representative surface 36 by 36 inch in size using specified materials and preparation and application methods on surfaces identical to those to be coated; approved mock-up constitutes standard for workmanship. B. Locate where directed. 18010.00/Shakopee Fire 071900- 1 WATER REPELLENTS Departrment Window Replacement Page 99 of 352 C. Mock-up may remain as part of the Work. 1.07 FIELD CONDITIONS A. Protect liquid materials from freezing. B. Do not proceed with application on materials if ice or frost is covering the substrate. C. Do not proceed with application of materials in rainy conditions or heavy rain is anticipated within 4 hours after application. D. Do not apply water repellent when ambient temperature is lower than 20 degrees F or higher than 100 degrees F. E. Verify compatability with curing compounds, patching materials,repair mortar, sealants, etc., to be used on masonry surfaces to ensure compatability with the water repellent. 1.08 WARRANTY A. Manufacturer shall warrant system for aperiod of 10 years, labor and materials, from Date of Substantial Completion against conditions noted below. When notified in writing from the Owner, Manufacturer shall correct said deficiencies promptly and without inconvenience and cost to the Owner. 1. Loss of water repellency: Brick Masonry- 1.0 mil/2o minutes or greater(80 mph wind driven rain equivalent.) PART 2 PRODUCTS 2.01 MANUFACTURERS A. Silane Repellent for Brick Masonry: 1. Protectosil Chem-Trete 40 VOC, Evonik Degussa Building A&S Division; 1.800.828.0919. 2. Substitutions: Not permitted. 2.02 MATERIALS A. Surface appearance: No change in the surface appearance or texture. B. Penetration: Visual penetration into brick- 0.25 inches average. C. Product shall comply with State and local regulations concerning AIM (Architectural, Industrial and Maintenance) coatings regarding VOC. The use of 1,1,1 trichloroethane shall not be allowed. D. Water Repellent: Non-glossy, colorless, penetrating, water-vapor-permeable, non-yellowing sealer, that dries invisibly leaving appearance of substrate unchanged. 1. Applications: Vertical surfaces. 2. Number of Coats: As recommended by manufacturer. 3. VOC Content: Less than 600 g/L, when tested in accordance with ASTM D3960 or ASTM D5095. PART 3 EXECUTION 3.01 EXAMINATION A. Verify existing conditions before starting work. B. Verify joint sealants are installed and cured. C. Verify surfaces to be coated are dry, clean, and free of efflorescence, oil, or other matter detrimental to application of water repellent. 3.02 PREPARATION A. Protection of Adjacent Work: 1. Protect adjacent landscaping, property, and vehicles from drips and overspray. 2. Protect adjacent surfaces not intended to receive water repellent. B. Prepare surfaces to be coated as recommended by water repellent manufacturer for best results. C. Remove loose particles and foreign matter. 18010.00/Shakopee Fire 071900-2 WATER REPELLENTS Departrment Window Replacement Page 100 of 352 D. Remove oil and foreign substances with a chemical solvent that will not affect water repellent. E. Pressure wash surfaces to be coated: 1. Firm Masonry(Concrete Masonry Units, Brick, and Dense Stone): High pressure wash at 1500 to 4000 psi, at 6 to 12 inches from surface. 2. Weathered Masonry(Brick and Stone): Pressure wash at 600 to 1500 psi at 6 inches from surface. F. Allow surfaces to dry completely to degree recommended by water repellent manufacturer before starting coating work. 3.03 APPLICATION A. Product shall be applied as supplied by the manufacturer without dilution or alteration. B. Apply water repellent in accordance with manufacturer's instructions, using procedures and application methods recommended as producing the best results. C. Apply at a rate of 125 SF/gal by airless spray, continuously over entire surface, with a low-pressuer(15psi) sprayer with a fan nozzle, flooding the surface to obtain uniform coverage unless otherwise recommended by the manufacturer. Field tests may determine that a heavier rate of application is necessary to meet the performance requirements. D. Apply one coat, minimum, or as recommended by manufacturer. E. Remove water repellent from unintended surfaces immediately by a method instructed by water repellent manufacturer. F. Provide manufacturer's field service representative to inspect preparation and application work to ensure that manufacturer's "best practices"for preparation and application are being followed. 3.04 CLEANING A. As Work Progresses: Clean spillage and overspray from adjacent surfaces using materials and methods as recommended by water repellent manufacturer. B. Remove protective coverings from adjacent surfaces when no longer needed. 3.05 COMPLETION A. Work that does nort conform to speciied requirements shall be corrected and/or replaced as directed by the Owwner's representative at the contractor's expense without extension of time. END OF SECTION 18010.00/Shakopee Fire 071900- 3 WATER REPELLENTS Departrment Wlndow Replacement Page 101 of 352 SECTION 07 9200 JOINT SEALANTS PART 1 GENERAL 1.01 SECTION INCLUDES A. Nonsag gunnable joint sealants. B. Self-leveling pourable joint sealants. C. Joint backings and accessories. 1.02 RELATED REQUIREMENTS A. Section 08 4313-Aluminum-Framed Storefronts. B. Section 08 8000- Glazing: Glazing sealants and accessories. C. Section 09 2116- Gypsum Board Assemblies: Sealing acoustical and sound-rated walls and ceilings. D. Section 12 3600-Sills: New window sills. 1.03 REFERENCE STANDARDS A. ASTM C919-Standard Practice for Use of Sealants in Acoustical Applications; 2012. B. ASTM C920- Standard Specification for Elastomeric Joint Sealants; 2018. C. ASTM C1193-Standard Guide for Use of Joint Sealants; 2016. D. ASTM C1248-Standard Test Method for Staining of Porous Substrate by Joint Sealants; 2008 (Reapproved 2012). E. ASTM C1311 -Standard Specification for Solvent Release Sealants; 2014. F. ASTM C1330-Standard Specification for Cylindrical Sealant Backing for Use with Cold Liquid-Applied Sealants; 2002 (Reapproved 2013). G. ASTM C1521 -Standard Practice for Evaluating Adhesion of Installed Weatherproofing Sealant Joints; 2013. H. ASTM D2240-Standard Test Method for Rubber Property--Durometer Hardness; 2015. I. SWRI (VAL)-SWR Institute Validated Products Directory; Current Listings at www.swrionline.org. 1.04 SUBMITTALS A. See Division 1 -Administrative Requirements, for submittal procedure B. Product Data for Sealants: Submit manufacturer's technical data sheets for each product to be used, that includes the following. 1. Physical characteristics, including movement capability, VOC content, hardness, cure time, and color availability. 2. List of backing materials approved for use with the specific product. 3. Substrates that product is known to satisfactorily adhere to and with which it is compatible. 4. Substrates the product should not be used on. 5. Substrates for which use of primer is required. 6. Substrates for which laboratory adhesion and/or compatibility testing is required. 7. Installation instructions, including precautions, limitations, and recommended backing materials and tools. 8. Sample product warranty. 9. Certification by manufacturer indicating that product complies with specification requirements. 10. SWRI Validation: Provide currently available sealant product validations as listed by SWRI (VAL)for specified sealants. 18010.00/Shakopee Fire 079200- 1 JOINT SEALANTS Departrment Window Replacement Page 102 of 352 C. Product Data for Accessory Products: Submit manufacturer's technical data sheet for each product to be used, including physical characteristics, installation instructions, and recommended tools. D. Color Cards for Selection: Where sealant color is not specified, submit manufacturer's color cards showing standard colors available for selection. E. Samples for Verification: Where custom sealant color is specified, obtain directions from Architect and submit at least two physical samples for verification of color of each required sealant. F. Preinstallation Field Adhesion Test Reports: Submit filled out Preinstallation Field Adhesion Test Reports log within 10 days after completion of tests; include bagged test samples and photographic records. 1.05 QUALITY ASSURANCE A. Maintain one copy of each referenced document covering installation requirements on site. B. Manufacturer Qualifications: Company specializing in manufacturing the products specified in this section with minimum three years documented experience. C. Installer Qualifications: Company specializing in performing the work of this section and with at least three years of documented experience. D. Field Adhesion Tests of Joints: Test for adhesion using most appropriate method in accordance with ASTM C1521, or other applicable method as recommended by manufacturer. 1.06 WARRANTY A. See Division 1 - Closeout Submittals, for additional warranty requirements. B. Correct defective work within a five year period after Date of Substantial Completion. C. Warranty: Include coverage for installed sealants and accessories that fail to achieve watertight seal , exhibit loss of adhesion or cohesion, or do not cure. PART 2 PRODUCTS 2.01 MANUFACTURERS A. Non-Sag Sealants: Permits application in joints on vertical surfaces without sagging or slumping. 1. BASF Construction Chemicals-Building Systems; www.buildingsystems.basf.com. 2. Dow Corning Corporation; www.dowcorning.com/construction/sle. 3. Pecora Corporation; www.pecora.com. 4. Tremco Global Sealants; www.tremcosealants.com. 5. Sherwin-Williams Company; www.sherwin-williams.com. 6. Sika Corporation; www.usa-sika.com. 7. W.R. Meadows, Inc; www.wrmeadows.com/sle. 8. Substitutions: See Division 1 - Product Requirements. B. Self-Leveling Sealants: Pourable or self-leveling sealant that has sufficient flow to form a smooth, level surface when applied in a horizontal joint. 1. Adhesives Technology Corporation; www.atcepoxy.com. 2. BASF Construction Chemicals-Building Systems; www.buildingsystems.basf.com. 3. Bostik Inc; www.bostik-us.com. 4. Dow Corning Corporation; www.dowcorning.com/construction/sle. 5. Pecora Corporation; www.pecora.com. 6. Tremco Global Sealants; www.tremcosealants.com. 7. Sherwin-Williams Company; www.sherwin-williams.com. 8. Sika Corporation; www.usa-sika.com. 9. W.R. Meadows, Inc; www.wrmeadows.com/sle. 10. Substitutions: See Division 1 - Product Requirements. 18010.00/Shakopee Fire 079200-2 JOINT SEALANTS Departrment Window Replacement Page 103 of 352 2.02 JOINT SEALANT APPLICATIONS A. Scope: 1. Exterior Joints: Seal open joints, whether or not the joint is indicated on the drawings, unless specifically indicated not to be sealed. Exterior joints to be sealed include, but are not limited to, the following items. a. Joints between door, window, and other frames and adjacent construction. b. Joints between different exposed materials. c. Openings below ledge angles in masonry. d. Otherjoints indicated below. 2. Interior Joints: Do not seal interior joints unless specifically indicated to be sealed. Interior joints to be sealed include, but are not limited to, the following items. a. Joints between door, window, and other frames and adjacent construction. b. Otherjoints indicated below. 3. Do not seal the following types of joints. a. Joints indicated to be treated with manufactured expansion joint cover or some other type of sealing device. b. Joints where sealant is specified to be provided by manufacturer of product to be sealed. B. Exterior Joints: Use non-sag polyurethane sealant, unless otherwise indicated. C. Interior Joints: Use non-sag polyurethane sealant, unless otherwise indicated. 2.03 JOINT SEALANTS -GENERAL A. Colors: As selected from Manufacturer's standard pallet. 2.04 NONSAG JOINT SEALANTS A. Polyurethane Sealant: ASTM C920, Grade NS, Uses M and A; single or multi-component; not expected to withstand continuous water immersion or traffic. 1. Movement Capability: Plus and minus 25 percent, minimum. 2.05 ACCESSORIES A. Backer Rod: Cylindrical cellular foam rod with surface that sealant will not adhere to, compatible with specific sealant used, and recommended by backing and sealant manufacturers for specific application. 1. Type for Joints Not Subject to Pedestrian or Vehicular Traffic: ASTM C1330; Type O- Open Cell Polyurethane. 2. Type for Joints Subject to Pedestrian or Vehicular Traffic: ASTM C1330; Type B - Bi-Cellular Polyethylene. 3. Open Cell: 40 to 50 percent larger in diameter than joint width. 4. Closed Cell and Bi-Cellular: 25 to 33 percent larger in diameter than joint width. 5. Manufacturers: a. "Sof Rod" by Nomaco. b. Substitutions: See Division 1 - Product Requirements. B. Backing Tape: Self-adhesive polyethylene tape with surface that sealant will not adhere to and recommended by tape and sealant manufacturers for specific application. C. Masking Tape: Self-adhesive, nonabsorbent, non-staining, removable without adhesive residue, and compatible with surfaces adjacent to joints and sealants. D. Joint Cleaner: Non-corrosive and non-staining type, type recommended by sealant manufacturer; compatible with joint forming materials. E. Primers: Type recommended by sealant manufacturer to suit application; non-staining. PART 3 EXECUTION 3.01 EXAMINATION A. Verify that joints are ready to receive work. 18010.00/Shakopee Fire 079200- 3 JOINT SEALANTS Departrment Window Replacement Page 104 of 352 B. Verify that backing materials are compatible with sealants. C. Verify that backer rods are of the correct size. D. Preinstallation Adhesion Testing: Install a sample for each test location shown in the test plan. 1. Test each sample as specified in PART 1 under QUALITY ASSURANCE article. 2. Notify Architect of date and time that tests will be performed, at least 7 days in advance. 3. Record each test on Preinstallation Adhesion Test Log as indicated. 4. If any sample fails, review products and installation procedures, consult manufacturer, or take whatever other measures are necessary to ensure adhesion; re-test in a different location; if unable to obtain satisfactory adhesion, report to Architect. 5. After completion of tests, remove remaining sample material and prepare joint for new sealant installation. 3.02 PREPARATION A. Remove loose materials and foreign matter that could impair adhesion of sealant. B. Clean joints, and prime as necessary, in accordance with manufacturer's instructions. C. Perform preparation in accordance with manufacturer's instructions and ASTM C1193. D. Mask elements and surfaces adjacent to joints from damage and disfigurement due to sealant work; be aware that sealant drips and smears may not be completely removable. 3.03 INSTALLATION A. Perform work in accordance with sealant manufacturer's requirements for preparation of surfaces and material installation instructions. B. Perform installation in accordance with ASTM C1193. C. Measure joint dimensions and size joint backers to achieve width-to-depth ratio, neck dimension, and surface bond area as recommended by manufacturer, except where specific dimensions are indicated. D. Install bond breaker backing tape where backer rod cannot be used. E. Install sealant free of air pockets, foreign embedded matter, ridges, and sags, and without getting sealant on adjacent surfaces. F. Do not install sealant when ambient temperature is outside manufacturer's recommended temperature range, or will be outside that range during the entire curing period, unless manufacturer's approval is obtained and instructions are followed. G. Nonsag Sealants: Tool surface concave, unless otherwise indicated; remove masking tape immediately after tooling sealant surface. 3.04 FIELD QUALITY CONTROL A. Perform field quality control inspection/testing. B. Remove and replace failed portions of sealants using same materials and procedures as indicated for original installation. 3.05 CLEANING A. Clean adjacent soiled surfaces. B. Protect sealants until cured. 3.06 POST-OCCUPANCY A. Post-Occupancy Inspection: Perform visual inspection of entire length of project sealant joints at a time that joints have opened to their greatest width; i.e. at the low temperature in the thermal cycle. Report failures immediately and repair. END OF SECTION 18010.00/Shakopee Fire 079200-4 JOINT SEALANTS Departrment Window Replacement Page 105 of 352 ALL TEXT DRAFT SECTION 08 4313 ALUMINUM-FRAMED STOREFRONTS ««««< UPDATE NOTES OPTIONAL CHECKLIST BASIS OF DESIGN: A particular manufacturer's specific storefront product is often used as the "Basis of Design". The specification can explicitly list that product or not, depending on how manufacturer names and brand names are to be handled. Select the approach to be taken: IIIIIIIIIIIIIIIIIIIIIII�I��l �WOR ��� ffioll Of fill ORONO ��Jr�° ll��'�� SELECT OTHER COMPONENTS TO BE SPECIFIED: Interior framing, such as for vestibules. Weatherstripping by door manufacturer. Other door hardware, <<manufacturer's standard hardware; to be specified elsewhere; or specified by brand name or other descriptio >>. Finish for all exposed surfaces: <<Class I natural anodized; Class I color anodized; Class 11 natural anodized; Class 11 color anodized;Natural anodized with organic seal; Color anodized with organic seal; Superior performing organic coatings;High performance organic coatings; Pigmented organic coatings; or Various finish types, specified elsewhere>>. ---------------------------------------------------------------------------------------------------- PART 1 GENERAL 1.01 SECTION INCLUDES A. Aluminum-framed storefront, with vision glass. C. Aluminum doors<<and frames; ; or None-N/A>>. D. Weatherstripping. E. Door hardware. 1.02 RELATED REQUIREMENTS 18010.00/Shakopee Fire 084313- 1 ALUMINUM-FRAMED Departrment Window STOREFRONTS Replacement Page 106 of 352 ALL TEXT DRAFT F. Section 07 9200-Joint Sealants: Sealing joints between frames and adjacent construction. G WA L. Section 08 8000- Glazing: Glass and glazing accessories. M.IIIIIIIIIII � O.IIIIIIIIIII� (� � Q4IIIIIIIII1� ���lllltllllllllllllllllllllllllllllllllllllllllllll � � ° ll ��� % % // Y WSW/ 1.03 REFERENCE STANDARDS A. AAMA CW-10- Care and Handling of Architectural Aluminum From Shop to Site; 2015. B. AAMA 501.2 -Quality Assurance and Diagnostic Water Leakage Field Check of Installed Storefronts, Curtain Walls, and Sloped Glazing Systems; 2015. C. AAMA 609 &610- Cleaning and Maintenance Guide for Architecturally Finished Aluminum (Combined Document); 2015. D. AAMA 611 -Voluntary Specification for Anodized Architectural Aluminum; 2014 (2015 Errata). F. AAMA 1503-Voluntary Test Method for Thermal Transmittance and Condensation Resistance of Windows, Doors and Glazed Wall Sections; 2009. aKj J. ASCE 7- Minimum Design Loads for Buildings and Other Structures; 2010, with 2013 Supplements and Errata. 18010.00/Shakopee Fire 084313-2 ALUMINUM-FRAMED Departrment Window STOREFRONTS Replacement Page 107 of 352 ALL TEXT DRAFT N.IIIIIIII� �( W1�f off` , MARIANA NO Q. ASTM E283- Standard Test Method for Determining the Rate of Air Leakage Through Exterior Windows, Curtain Walls, and Doors Under Specified Pressure Differences Across the Specimen; 2004 (Reapproved 2012). R. ASTM E330/E330M - Standard Test Method for Structural Performance of Exterior Windows, Doors, Skylights and Curtain Walls by Uniform Static Air Pressure Difference; 2014. S. ASTM E331 - Standard Test Method for Water Penetration of Exterior Windows, Skylights, Doors, and Curtain Walls by Uniform Static Air Pressure Difference; 2000 (Reapproved 2016). T. ASTM E1105- Standard Test Method for Field Determination of Water Penetration of Installed Exterior Windows, Skylights, Doors, and Curtain Walls, by Uniform or Cyclic Static Air Pressure Difference; 2015. WWONNOW"140010,01 WN NO Y. NFRC 100- Determining Fenestration Product U-Factors. Z. NFRC 200- Procedure for Determining Fenestration Product Solar Heat Gain Coefficient and Visible Transmittances at Normal Incidence. 1.04 ADMINISTRATIVE REQUIREMENTS A. Coordinate with installation of other components that comprise the exterior enclosure. B. Preinstallation Meeting: Conduct a preinstallation meeting «one week; or >> before starting work of this section; require attendance by all affected installers. 1.05 SUBMITTALS A.IIIIIIIIIIII � ( � B. See Division 1 -Administrative Requirements, for submittal procedures. C. Product Data: Provide component dimensions, describe components within assembly, anchorage and fasteners, glass and infill,«door hardware,; ; or None-N/A» internal drainage details<<and ; or None-N/A>>. D. Shop Drawings: Indicate system dimensions, framed opening requirements and tolerances, affected related Work, expansion and contraction joint location and details, and field welding required. E. Samples: Submit <<two; or >>samples x inches in size illustrating finished aluminum surface, glass<<, infill panels;, ; or None-N/A>>, glazing materials. G. Design Data: Provide framing member structural and physical characteristics, engineering calculations, and dimensional limitations. 18010.00/Shakopee Fire 084313- 3 ALUMINUM-FRAMED Departrment Window STOREFRONTS Replacement Page 108 of 352 ALL TEXT DRAFT H. Hardware Schedule: Complete itemization of each item of hardware to be provided for each door, cross-referenced to door identification numbers in Contract Documents. I. Report of field testing for water leakage. K. Mfefoffi# M. Warranty: Submit manufacturer warranty and ensure forms have been completed in Owne►'s name and registered with manufacturer. 1.06 QUALITY ASSURANCE B. Designer Qualifications: Design structural support framing components under direct supervision of a Professional Structural Engineer experienced in design of this Work and licensed in the State of Minnesota. C. Manufacturer Qualifications: Company specializing in performing work of type specified and with at least «three; or >>years of<<documented; ; or None-N/A»experience. D. Installer Qualifications: Company specializing in performing work of type specified and with at least <<three; or >>years of<<documented; ; or None-N/A»experience<< and approved by manufacturer; ; or None-N/A>>. 1.07 DELIVERY, STORAGE, AND HANDLING A. Handle products of this section in accordance with AAMA CW-10. B. Protect finished aluminum surfaces with «wrapping;strippable coating; or ». Do not use adhesive papers or sprayed coatings that bond to aluminum when exposed to sunlight or weather. 1.08 FIELD CONDITIONS A. Do not install sealants when ambient temperature is less than «40 degrees F; degrees F>>. Maintain this minimum temperature during and «48; or >>hours after installation. 1.09 WARRANTY A.Illllllll� �� � B. See Division 1 - Closeout Submittals, for additional warranty requirements. C. Correct defective Work within a <<five; or >>year period after Date of Substantial Completion. D. Provide <<five; or >>year manufacturer warranty against failure of glass seal on insulating glass units, including interpane dusting or misting. Include provision for replacement of failed units. E. Provide <<five; or >>year manufacturer warranty against excessive degradation of exterior finish. Include provision for replacement of units with excessive fading, chalking, or flaking. 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OF Wrfitjft,ft(affi( 9.1111111111111111`�� ��� �� 1.111111111111111AWW �tt( � (((�� ��f 01 W, 000 2.03 ��*( #(0 11111111111111111we FRAWW, NO"MINWNf/Q'W�� X11Y)WIN�ANOW,00 0,0WAN,WN wk#I NOW 41WWWWWWWRAW110 WINNOW 2 ��tllW�dllllllllllllllllllllllllllllllllllllllllllllllllllllllllll 5.1111111111111111 [f(W(���f�lllllllllllllllllllllllllll�k WWI(��9 ( 51111111111111111 (((� fftjjffffffffffffffffffffffff� 18010.00/Shakopee Fire 084313- 9 ALUMINUM-FRAMED Departrment Window STOREFRONTS Replacement Page 114 of 352 ALL TEXT DRAFT 4. ��������fjllllllllllllllllllllllllllllllllllllllllllllllllll 014, IVol,(WWrmw,'�WI/V N WMWWWWWWWAWN 4 F. WO*// , AON TOC 6.1111111111111111 '��III� %' � r �1,�1° ' 1,� 1....'1.���.1�1'�000 7.IIIIIIIIIIIIIIII ��ttt� ��������������������� WWWA 1000,4'(r 5.1111111111111111 ; t��Ill��� 'M Orm ..................................................... WOR1,�� xKIN/irr, t l i;gff� ��.�,.i��110,00MOV,, "WoW r� lr�WON"" 12.1111111111 jjj� � flltjtlffffffffl bNo,1 18010.00/Shakopee Fire 084313 - 10 ALUMINUM-FRAMED Departrment Window STOREFRONTS Replacement Page 115 of 352 ALL TEXT DRAFT H.Illlllllllll�� ��t�� , � l�� rlr,��l ���x ���0* WMWWWWWWWAWN 7 W�,NOAWON 21111111111111111 � 111�� ' �� f � 0000WROj l h W1001KNOW WSMr�104l1 �lr W MW/NOW 00Nlr 11.1111111111� lrj�j����111���r / �` �r1���ff��rJl`i�f�� �� rr1�fr��1��ff�1� 12. dff����������������������������� W fill //AWfA%O0,Ai NWWW�f` li 7 r f�� 10.��VVWAWI NOW 11.IIIIIII 18010.00/Shakopee Fire 084313 - 11 ALUMINUM-FRAMED Departrment Window STOREFRONTS Replacement Page 116 of 352 ALL TEXT DRAFT 2.04 MANUFACTURERS A. Aluminum-Framed Storefront and Doors: NOW WOR NOW1141000111, 4. EFCO Corporation; Series 403 (T);www.efcocorp.com/sle. 8. Oldcastle Building Envelope; Series 3000 Thermal Multiplane; www.obe.com. 11. Tubelite, Inc; TU24000; www.tubeliteinc.com. 17. Substitutions: See Division 1 - Product Requirements. 2.05 STOREFRONT A. Aluminum-Framed Storefront: Factory fabricated, factory finished aluminum framing members with infill, and related flashings, anchorage and attachment devices. 1. Unitized, shop assembly. 4. Glazing Position: <<Centered(front to back);Front-set; or >>. 5. Vertical Mullion Dimensions: <<2 inches wide by 4-1/2 inches deep; 2 inches wide by 4 inches deep; 2 inches wide by 5 inches deep; >>. 6. Finish: <<Class I natural anodized; Class II natural anodized; Class I color anodized; Class Il color anodized;Natural anodized with organic seal; Color anodized with organic seal; Superior performing organic coatings; High performance organic coatings;Pigmented organic coatings; or >>. a. Factory finish all surfaces that will be exposed in completed assemblies. C. It (�011�19llll / �� 1111111 � 4ff � ° % 111 7. Finish Color: <<Light bronze; Medium bronze;Dark bronze; Black; or >>. 9. Fabrication: Joints and corners flush, hairline, and weatherproof, accurately fitted and secured; prepared to receive anchors and hardware; fasteners and attachments concealed from view; reinforced as required for imposed loads. 10. Construction: Eliminate noises caused by wind and thermal movement, prevent vibration harmonics, and prevent"stack effect' in internal spaces. 18010.00/Shakopee Fire 084313 - 12 ALUMINUM-FRAMED Departrment Window STOREFRONTS Replacement Page 117 of 352 ALL TEXT DRAFT 11. System Internal Drainage: Drain to the exterior by means of a weep drainage network any water entering joints, condensation occurring in glazing channel, and migrating moisture occurring within system. 12. Expansion/Contraction: Provide for expansion and contraction within system components caused by cycling temperature range of «170 degrees F; degrees F>>over a «12;or >>hour period without causing detrimental effect to system components, anchorages, and other building elements. 13. Movement: Allow for movement between storefront and adjacent construction, without damage to components or deterioration of seals. 14. Perimeter Clearance: Minimize space between framing members and adjacent construction while allowing expected movement. 1 �/ � r� ff llff �fff fff 01,010 O B. Performance Requirements: 1. Wind Loads: Design and size components to withstand the specified load requirements without damage or permanent set, when tested in accordance with ASTM E330/E330M, using loads «1.5 times; or >>the design wind loads and «10 second; or >>duration of maximum load. a. Design Wind Loads: Comply with requirements of <<applicable code;ASCE 7; or c llllllllllllll010NOW�1�����lf�f���lllllllllllllllllllllllllll����ff/ d. Member Deflection: Limit member deflection to <<flexure limit of class; 1/175; or >>in any direction, with full recovery of glazing materials. WWWKIWWU�IRWA*0 / , 3. Water Penetration Resistance: No uncontrolled water on interior face, when tested in accordance with ASTM E331 at pressure differential of«12 psf; 10 psf; 8 psf; psf >. 4. Air Leakage: Maximum of«0.06 cu ft/min sq ft; cu ft/min sq ft»of wall area, when tested in accordance with ASTM E283 at <<6.27 psf; psf>> pressure differential across assembly. 5. Condensation Resistance Factor of Framing: «50; 60; 70; or_>>, minimum, measured in accordance with AAMA 1503. 7. Overall U-value Including Glazing: Shall meet State of Minnesota Energy Code requirements through prescriptive means required for Zone 6 as follows: a. Storefront and Curtainwall: 0.36. b. Operating Windows: 0.43. c. Entrance Doors: 0.77. 2.06 COMPONENTS A. Aluminum Framing Members: Tubular aluminum sections<<, thermally broken with interior section insulated from exterior;None-N/A; or >>, drainage holes and internal weep drainage system. 1. Framing members for interior applications need not be thermally broken. 2. Glazing Stops: <<Flush;Applied; or >>. 18010.00/Shakopee Fire 084313 - 13 ALUMINUM-FRAMED Departrment Window STOREFRONTS Replacement Page 118 of 352 ALL TEXT DRAFT 5. Structurally Reinforced Members: «Extruded;Formed sheet; or >>aluminum with internal reinforcement of structural steel member as appropriate. a.llllllllllllllllllllllllllllllllllll���////%%%%%%M®RWOMW//,WA 1� B. Glazing: As specified in Section 08 8000. 2. 3If6''( 1 '"�Z c.llllllllllll�lf���(�����(ri�( ���""` ��1�;��''r'�l�,���'' �� ���+� ��i,����//////llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll� 1�Illllllllllllllll �r�i����' �"'��/� ' WN ONWA01111 00, 0011A,40 WIRWOA CA WNW/r/MM WN 2 :011 f E. ALTERNATE SWING DOORS: <<Glazed aluminum;Flush aluminum; or >>. 1. Thickness: <<1-3/4 inches; 2 inches; inches>>- interior; 2 inches- exterior. 2. Hinges: Continuous. 3. Top Rail: <<4 inches; inches>>wide. 4. Vertical Stiles: <<4-1/2 inches; inches>>wide. 5. Bottom Rail: «10 inches; 6 inches; inches>>wide. 6. Glazing Stops: «Square;Beveled;or >>. 7. Finish: Same as storefront. F. lf� � Ill�/ �� f� 11�1111' loll`, � 11111� 11r�Y � ° lll' 1I � 1 1111111111111111ffirMaNKMAN40O/WN JW2. �11f 5.1111111111111111'� I�'���✓"�'rJ '� � �i r ',"'�fff "��'��1,�����f, ��� �� �� ' ��� 6.1111111111111111'i "I 'f�''�II��'"r�l' � 18010.00/Shakopee Fire 084313 - 14 ALUMINUM-FRAMED Departrment Window STOREFRONTS Replacement Page 119 of 352 ALL TEXT DRAFT c. IIIIIIIIIIIIIIIIIIIIIII11111 1111111111111111111111111111111 f " 11 1�IIIIIIIIIIIIIIII" ����� � �I�IIII�rl�f� ��i � 1111���1�' '��� 211111111111111111 ���ffff�11111���4MON%0,(*/Of( 10, 6. � �I �� H.111111111111 Ai�W1'� 'j,ffi# W���jlj(6W�oW � WA, fffff 0900,01�10Of11((V1w#WO 0 1WA �19�%�% 3.1111111111111111'�f(( af�(fd� ��� r �� �'� ��1 b. 2.07 MATERIALS A. Extruded Aluminum: ASTM B221 (ASTM B221M). B�IIIIIIIIIIII� '�1It�I�I ����10�� '�IIII � � t' , �1111 ���1 �1 D.IIIIIIIIIIII"�Pl��(llll111 , ' � 111��' ; !��1�/� r�� �V Nwo WINOW G.IIIIIIIIIIIWON,000100#01 0101 1�1 (U111� lf( � � ll1111 � � r11� �1 H. Fasteners: <<Stainless; Galvanized; or >>steel. 18010.00/Shakopee Fire 084313 - 15 ALUMINUM-FRAMED Departrment Window STOREFRONTS Replacement Page 120 of 352 ALL TEXT DRAFT I.IIIIIIIIIIIIIIII , ���� ','�����' ������ �� Y(�il' OOffloo,NOW WOMEN W" ( M.IIIIIIII �(���((� � f�� � ' ' �� � �� �� �' �(` 1 �l �f 'l N IIIIIIIIIIIIW#jfflrrro� 11D �� �111 O. Glazing Gaskets: Type to suit application to achieve weather, moisture, and air infiltration requirements. 2.08 FINISHES A. Class I Natural Anodized Finish: AAMA 611«AA-M12C22A41;_; or None-N/A» Clear anodic coating not less than 0.7 mils thick. F• �((Arll� �'�'lll�ra' (�II� P1al��"alt" r1111111111a',}11N1'9111,�i,���r�' ���d111A1���' �� ���� �' �" gar ///r',y�� �/ �'���'�i 00 f// a ft6j'f'"&((O 18010.00/Shakopee Fire 084313 - 16 ALUMINUM-FRAMED Departrment Window STOREFRONTS Replacement Page 121 of 352 ALL TEXT DRAFT ..........rli, ��Illll�" M.11lllllllr ��� O. Touch-Up Materials: As recommended by coating manufacturer for field application. 2.09 HARDWARE A. For each door, include «weatherstripping;sill sweep strip; threshold;and >>. IIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIII 1 , C1611A 1� X1612 II/ �� f�� ��1 �' % '` ;Yr,,; %� Illllllllllllllllllllllllllllllllllllllllllllllf ° D. Weatherstripping: «Wool; or >>pile, continuous<<and replaceable;None-N/A; or >>; provide on <<all doors;all exterior doors; or >>. E. Sill Sweep Strips: Resilient seal type,<<retracting.;None-N/A; or >>of «neoprene; or >>; provide on <<all doors;all exterior doors; or >>. F. Threshold: Extruded aluminum, one piece per door opening, «ribbed;non-slip; or >>surface; provide on <<all doors;all exterior doors; or >>. G. Hinges: Continuous stainless steel type<<, swin_g clear;, ; or None-N/A>>; <<top and bottom; top, intermediate, and bottom; or >>. I. Push/Pull Set: <<Standard configuration push/pull handles; Custom configuration push/pull handles;Locking ladder pulls; or >>: 1. Provide on <<all doors; doors as indicated; or >>. 2. Ladder pull: Ives; 9266, Heavy 1-1/4"diameter, polished #316 Stainless Steel; 36 inches in length with flat tips. J. Exit Devices: <<Panic type; Electronic egress handles; Deadbolt handles; or >>. K. Door Closers: <<Concealed overhead; Concealed overhead, offset arm type used with offset top pivot;Exposed overhead;Floor mounted; or >>. L. �1 � (( 1 M. Locks: <<Dead latch with thumbturn inside;Dead latch with turn handle inside; or »«;keyed cylinder outside; or None-N/A>>. 18010.00/Shakopee Fire 084313 - 17 ALUMINUM-FRAMED Departrment Window STOREFRONTS Replacement Page 122 of 352 ALL TEXT DRAFT PART 3 EXECUTION 3.01 EXAMINATION A. Verify dimensions, tolerances, and method of attachment with other work. B. Verify that wall openings and adjoining air and vapor seal materials are ready to receive work of this section. 3.02 INSTALLATION A. Install wall system in accordance with manufacturer's instructions. B. Attach to structure to permit sufficient adjustment to accommodate construction tolerances and other irregularities. C. Provide alignment attachments and shims to permanently fasten system to building structure. D. Align assembly plumb and level, free of warp or twist. Maintain assembly dimensional tolerances<<, alipninp with adjacent work;, ; or None-N/A>>. E. Provide thermal isolation where components penetrate or disrupt building insulation. F. Install «sill;and >>flashings. Turn up ends and edges; seal to adjacent work to form water tight dam. G. Where fasteners penetrate sill flashings, make watertight by seating and sealing fastener heads to sill flashing. H. Pack fibrous insulation or apply spray foam in shim spaces at perimeter of assembly to maintain continuity of thermal barrier. IIIIIIIIIIIIIIIIIIII � �(�llll 1 � � IAEII///////llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllW J. Set thresholds in bed of sealant and secure. K. Install hardware using templates provided. WAN MA, 110011 / // ��f �� ffffffffffffffffffffffffffffffffffff!// � ff�� �// M. Touch-up minor damage to factory applied finish; replace components that cannot be satisfactorily repaired. 3.03 TOLERANCES A. Maximum Variation from Plumb: «0.06 inches every 3 ft; inches every 3 ft» non-cumulative or «1/16 inches per 10 ft; inches per 10 ft>>, whichever is less. B. Maximum Misalignment of Two Adjoining Members Abutting in Plane: «1/32 inch; inch>>. 3.04 FIELD QUALITY CONTROL B. See Division 1 -Quality Requirements, for independent testing and inspection requirements. Inspection will monitor quality of installation and glazing. C. Test installed storefront for water leakage in accordance with AAMA 501.2 hose test. 3.05 ADJUSTING A. Adjust operating hardware<<and sash; ; or None-N/A»for smooth operation. 18010.00/Shakopee Fire 084313 - 18 ALUMINUM-FRAMED Departrment Window STOREFRONTS Replacement Page 123 of 352 ALL TEXT DRAFT 3.06 CLEANING A. Remove protective material from pre-finished aluminum surfaces. B. Wash down surfaces with a solution of mild detergent in warm water, applied with soft, clean wiping cloths. Take care to remove dirt from corners. Wipe surfaces clean. C. Upon completion of installation, thoroughly clean aluminum surfaces in accordance with AAMA 609 & 610. 3.07 PROTECTION A. Protect installed products from damage until Date of Substantial Completion. END OF SECTION 18010.00/Shakopee Fire 084313 - 19 ALUMINUM-FRAMED Departrment Window STOREFRONTS Replacement Page 124 of 352 SECTION 08 4313 ALUMINUM-FRAMED STOREFRONTS PART 1 GENERAL 1.01 SECTION INCLUDES A. Aluminum-framed storefront, with vision glass. B. Aluminum doors and frames. C. Weatherstripping. D. Door hardware. 1.02 RELATED REQUIREMENTS A. Section 07 9200-Joint Sealants: Sealing joints between frames and adjacent construction. B. Section 08 8000- Glazing: Glass and glazing accessories. 1.03 REFERENCE STANDARDS A. AAMA CW-10- Care and Handling of Architectural Aluminum From Shop to Site; 2015. B. AAMA 501.2 -Quality Assurance and Diagnostic Water Leakage Field Check of Installed Storefronts, Curtain Walls, and Sloped Glazing Systems; 2015. C. AAMA 609 &610- Cleaning and Maintenance Guide for Architecturally Finished Aluminum (Combined Document); 2015. D. AAMA 1503-Voluntary Test Method for Thermal Transmittance and Condensation Resistance of Windows, Doors and Glazed Wall Sections; 2009. E. AAMA 2603-Voluntary Specification, Performance Requirements and Test Procedures for Pigmented Organic Coatings on Aluminum Extrusions and Panels (with Coil Coating Appendix); 2015. F. ASCE 7- Minimum Design Loads for Buildings and Other Structures; 2010, with 2013 Supplements and Errata. G. ASTM B209- Standard Specification for Aluminum and Aluminum-Alloy Sheet and Plate; 2014. H. ASTM B221 - Standard Specification for Aluminum and Aluminum-Alloy Extruded Bars, Rods, Wire, Profiles, and Tubes; 2014. I. ASTM E283- Standard Test Method for Determining the Rate of Air Leakage Through Exterior Windows, Curtain Walls, and Doors Under Specified Pressure Differences Across the Specimen; 2004 (Reapproved 2012). J. ASTM E330/E330M -Standard Test Method for Structural Performance of Exterior Windows, Doors, Skylights and Curtain Walls by Uniform Static Air Pressure Difference; 2014. K. ASTM E331 - Standard Test Method for Water Penetration of Exterior Windows, Skylights, Doors, and Curtain Walls by Uniform Static Air Pressure Difference; 2000 (Reapproved 2016). L. ASTM E1105- Standard Test Method for Field Determination of Water Penetration of Installed Exterior Windows, Skylights, Doors, and Curtain Walls, by Uniform or Cyclic Static Air Pressure Difference; 2015. M. NFRC 100- Determining Fenestration Product U-Factors. N. NFRC 200- Procedure for Determining Fenestration Product Solar Heat Gain Coefficient and Visible Transmittances at Normal Incidence. 1.04 ADMINISTRATIVE REQUIREMENTS A. Coordinate with installation of other components that comprise the exterior enclosure. B. Preinstallation Meeting: Conduct a preinstallation meeting one week before starting work of this section; require attendance by all affected installers. 1.05 SUBMITTALS A. See Division 1 -Administrative Requirements, for submittal procedures. 18010.00/Shakopee Fire 084313- 1 ALUMINUM-FRAMED Departrment Window STOREFRONTS Replacement Page 125 of 352 B. Product Data: Provide component dimensions, describe components within assembly, anchorage and fasteners, glass and infill, internal drainage details and color. C. Shop Drawings: Indicate system dimensions, framed opening requirements and tolerances, affected related Work, expansion and contraction joint location and details, and field welding required. D. Samples: Submit two samples 12 x 12 inches in size illustrating finished aluminum surface, glass, glazing materials. E. Design Data: Provide framing member structural and physical characteristics, engineering calculations, and dimensional limitations. F. Hardware Schedule: Complete itemization of each item of hardware to be provided for each door, cross-referenced to door identification numbers in Contract Documents. G. Report of field testing for water leakage. H. Warranty: Submit manufacturer warranty and ensure forms have been completed in Owner's name and registered with manufacturer. 1.06 QUALITY ASSURANCE A. Designer Qualifications: Design structural support framing components under direct supervision of a Professional Structural Engineer experienced in design of this Work and licensed in the State of Minnesota. B. Manufacturer Qualifications: Company specializing in performing work of type specified and with at least three years of documented experience. C. Installer Qualifications: Company specializing in performing work of type specified and with at least three years of documented experience. 1.07 DELIVERY, STORAGE, AND HANDLING A. Handle products of this section in accordance with AAMA CW-10. B. Protect finished aluminum surfaces with wrapping. Do not use adhesive papers or sprayed coatings that bond to aluminum when exposed to sunlight or weather. 1.08 FIELD CONDITIONS A. Do not install sealants when ambient temperature is less than 40 degrees F. Maintain this minimum temperature during and 48 hours after installation. 1.09 WARRANTY A. See Division 1 - Closeout Submittals, for additional warranty requirements. B. Correct defective Work within a five year period after Date of Substantial Completion. C. Provide five year manufacturer warranty against failure of glass seal on insulating glass units, including interpane dusting or misting. Include provision for replacement of failed units. D. Provide five year manufacturer warranty against excessive degradation of exterior finish. Include provision for replacement of units with excessive fading, chalking, or flaking. PART 2 PRODUCTS 2.01 MANUFACTURERS A. Aluminum-Framed Storefront and Doors: 1. EFCO Corporation; Series 403 (T);www.efcocorp.com/sle. 2. Oldcastle Building Envelope; Series 3000 Thermal Multiplane; www.obe.com. 3. Tubelite, Inc; TU24000; www.tubeliteinc.com. 4. Substitutions: See Division 1 - Product Requirements. 2.02 STOREFRONT A. Aluminum-Framed Storefront: Factory fabricated, factory finished aluminum framing members with infill, and related flashings, anchorage and attachment devices. 1. Unitized, shop assembly. 18010.00/Shakopee Fire 084313-2 ALUMINUM-FRAMED Departrment Window STOREFRONTS Replacement Page 126 of 352 2. Glazing Position: Centered (front to back). 3. Vertical Mullion Dimensions: 2 inches wide by 4-1/2 inches deep. 4. Finish: Superior performing organic coatings. a. Factory finish all surfaces that will be exposed in completed assemblies. b. Touch-up surfaces cut during fabrication so that no natural aluminum is visible in completed assemblies, including joint edges. 5. Finish Color: White. 6. Fabrication: Joints and corners flush, hairline, and weatherproof, accurately fitted and secured; prepared to receive anchors and hardware; fasteners and attachments concealed from view; reinforced as required for imposed loads. 7. Construction: Eliminate noises caused by wind and thermal movement, prevent vibration harmonics, and prevent"stack effect' in internal spaces. 8. System Internal Drainage: Drain to the exterior by means of a weep drainage network any water entering joints, condensation occurring in glazing channel, and migrating moisture occurring within system. 9. Expansion/Contraction: Provide for expansion and contraction within system components caused by cycling temperature range of 170 degrees F over a 12 hour period without causing detrimental effect to system components, anchorages, and other building elements. 10. Movement: Allow for movement between storefront and adjacent construction, without damage to components or deterioration of seals. 11. Perimeter Clearance: Minimize space between framing members and adjacent construction while allowing expected movement. B. Performance Requirements: 1. Wind Loads: Design and size components to withstand the specified load requirements without damage or permanent set, when tested in accordance with ASTM E330/E330M, using loads 1.5 times the design wind loads and 10 second duration of maximum load. a. Design Wind Loads: Comply with requirements of ASCE 7. b. Member Deflection: Limit member deflection to flexure limit of glass in any direction, with full recovery of glazing materials. 2. Water Penetration Resistance: No uncontrolled water on interior face, when tested in accordance with ASTM E331 at pressure differential of 10 psf. 3. Air Leakage: Maximum of 0.06 cu ft/min sq ft of wall area, when tested in accordance with ASTM E283 at 6.27 psf pressure differential across assembly. 4. Condensation Resistance Factor of Framing: 60, minimum, measured in accordance with AAMA 1503. 5. Overall U-value Including Glazing: Shall meet State of Minnesota Energy Code requirements through prescriptive means required for Zone 6 as follows: a. Storefront and Curtainwall: 0.36. b. Operating Windows: 0.43. c. Entrance Doors: 0.77. 2.03 COMPONENTS A. Aluminum Framing Members: Tubular aluminum sections, thermally broken with interior section insulated from exterior, drainage holes and internal weep drainage system. 1. Framing members for interior applications need not be thermally broken. 2. Glazing Stops: Flush. 3. Structurally Reinforced Members: Extruded aluminum with internal reinforcement of structural steel member as appropriate. B. Glazing: As specified in Section 08 8000. C. SWING DOORS: Glazed aluminum. 1. Thickness: 1-3/4 inches- interior; 2 inches -exterior. 2. Hinges: Continuous Stainless Steel. 3. Top Rail: 5 inches wide. 18010.00/Shakopee Fire 084313- 3 ALUMINUM-FRAMED Departrment Window STOREFRONTS Replacement Page 127 of 352 4. Vertical Stiles: 5 inches wide. 5. Bottom Rail: 10 inches wide. 6. Glazing Stops: Square. 7. Finish: Same as storefront. 2.04 MATERIALS A. Extruded Aluminum: ASTM B221 (ASTM B221 M). B. Fasteners: Stainless steel. C. Glazing Gaskets: Type to suit application to achieve weather, moisture, and air infiltration requirements. 2.05 FINISHES A. Superior Performing Organic Coatings: AAMA 2605 multiple coat, thermally cured polyvinylidene fluoride (PVDF)system. 1. Polyvinylidene fluoride (PVDF) multi-coat thermoplastic fluoropolymer coating system, including minimum 70 percent PVDF color topcoat and minimum total dry film thickness of 0.9 mil; color and gloss as selected from manufacturer's standard line. a. Manufacturers: 1) PPG Metal Coatings; Duranar: www.ppgmetalcoatings.com/#sle. 2) Sherwin-Williams Company; SHER-NAR 5000: oem.sherwin-williams.com/#sle. 3) Substitutions: See Division 1 - Product Requirements. B. Touch-Up Materials: As recommended by coating manufacturer for field application. 2.06 HARDWARE A. For each door, include weatherstripping, sill sweep strip, and threshold. B. Weatherstripping: Wool pile, continuous and replaceable; provide on all doors. C. Sill Sweep Strips: Resilient seal type, of neoprene; provide on all doors. D. Threshold: Extruded aluminum, one piece per door opening, ribbed surface; provide on all doors. E. Hinges: Continuous Stainless Steel type. F. Push/Pull Set: Ladder pulls: 1. Provide on all doors. 2. Ladder Pull: Ives; 9266, Heavy 1-1/4" diameter, Polished #316 Stainless Steel; 36 inches in length with flat tips. G. Exit Devices: Panic type with cylinder dogging. H. Door Closers: Concealed overhead. PART 3 EXECUTION 3.01 EXAMINATION A. Verify dimensions, tolerances, and method of attachment with other work. B. Verify that wall openings and adjoining air and vapor seal materials are ready to receive work of this section. 3.02 INSTALLATION A. Install wall system in accordance with manufacturer's instructions. B. Attach to structure to permit sufficient adjustment to accommodate construction tolerances and other irregularities. C. Provide alignment attachments and shims to permanently fasten system to building structure. D. Align assembly plumb and level, free of warp or twist. Maintain assembly dimensional tolerances, aligning with adjacent work. E. Provide thermal isolation where components penetrate or disrupt building insulation. 18010.00/Shakopee Fire 084313-4 ALUMINUM-FRAMED Departrment Window STOREFRONTS Replacement Page 128 of 352 F. Install sill flashings. Turn up ends and edges; seal to adjacent work to form water tight dam. G. Where fasteners penetrate sill flashings, make watertight by seating and sealing fastener heads to sill flashing. H. Pack fibrous insulation or apply spray foam in shim spaces at perimeter of assembly to maintain continuity of thermal barrier. I. Set thresholds in bed of sealant and secure. J. Install hardware using templates provided. K. Touch-up minor damage to factory applied finish; replace components that cannot be satisfactorily repaired. 3.03 TOLERANCES A. Maximum Variation from Plumb: 0.06 inches every 3 ft non-cumulative or 1/16 inches per 10 ft, whichever is less. B. Maximum Misalignment of Two Adjoining Members Abutting in Plane: 1/32 inch. 3.04 FIELD QUALITY CONTROL A. See Division 1 -Quality Requirements, for independent testing and inspection requirements. Inspection will monitor quality of installation and glazing. B. Test installed storefront for water leakage in accordance with AAMA 501.2 hose test. 3.05 ADJUSTING A. Adjust operating hardware for smooth operation. 3.06 CLEANING A. Remove protective material from pre-finished aluminum surfaces. B. Wash down surfaces with a solution of mild detergent in warm water, applied with soft, clean wiping cloths. Take care to remove dirt from corners. Wipe surfaces clean. C. Upon completion of installation, thoroughly clean aluminum surfaces in accordance with AAMA 609 & 610. 3.07 PROTECTION A. Protect installed products from damage until Date of Substantial Completion. END OF SECTION 18010.00/Shakopee Fire 084313- 5 ALUMINUM-FRAMED Departrment Window STOREFRONTS Replacement Page 129 of 352 SECTION 08 8000 GLAZING PART 1 GENERAL 1.01 SECTION INCLUDES A. Insulating glass units. B. Glazing units. C. Glazing compounds and accessories. 1.02 RELATED REQUIREMENTS A. Section 07 9200-Joint Sealants: Sealants for other than glazing purposes. B. Section 08 4313-Aluminum-Framed Storefronts: Glazing furnished as part of storefront assembly. 1.03 REFERENCE STANDARDS A. 16 CFR 1201 - Safety Standard for Architectural Glazing Materials; current edition. B. ANSI Z97.1 -American National Standard for Safety Glazing Materials Used in Buildings, Safety Performance Specifications and Methods of Test; 2010. C. ASTM C864-Standard Specification for Dense Elastomeric Compression Seal Gaskets, Setting Blocks, and Spacers; 2005 (Reapproved 2015). D. ASTM C920-Standard Specification for Elastomeric Joint Sealants; 2018. E. ASTM C1036-Standard Specification for Flat Glass; 2016. F. ASTM C1048-Standard Specification for Heat-Strengthened and Fully Tempered Flat Glass; 2012. G. ASTM C1193-Standard Guide for Use of Joint Sealants; 2016. H. ASTM C1376-Standard Specification for Pyrolytic and Vacuum Deposition Coatings on Flat Glass; 2015. I. ASTM E1300- Standard Practice for Determining Load Resistance of Glass in Buildings; 2016. J. ASTM E2190- Standard Specification for Insulating Glass Unit Performance and Evaluation; 2010. K. GANA(GM)- GANA Glazing Manual; 2008. L. GANA(SM)- GANA Sealant Manual; 2008. M. ICC (IBC)- International Building Code; 2018. N. IGMA TM-3000- North American Glazing Guidelines for Sealed Insulating Glass Units for Commercial & Residential Use; 1990 (2016). O. NFRC 100- Procedure for Determining Fenestration Product U-factors; 2014. P. NFRC 200- Procedure for Determining Fenestration Product Solar Heat Gain Coefficient and Visible Transmittance at Normal Incidence; 2014. Q. NFRC 300-Test Method for Determining the Solar Optical Properties of Glazing Materials and Systems; 2014. 1.04 ADMINISTRATIVE REQUIREMENTS A. Preinstallation Meeting: Convene a preinstallation meeting one week before starting work of this section; require attendance by each of the affected installers. 1.05 SUBMITTALS A. See Division 1 -Administrative Requirements, for submittal procedures. B. Product Data on Insulating Glass Unit and Glazing Unit Types: Provide structural, physical and environmental characteristics, size limitations, special handling and installation requirements. 18010.00/Shakopee Fire 088000- 1 GLAZING Departrment Window Replacement Page 130 of 352 C. Product Data on Glazing Compounds and Accessories: Provide chemical, functional, and environmental characteristics, limitations, special application requirements. Identify available colors. D. Samples: Submit two samples 12 by 12 inch in size of glass units. E. Samples: Submit 4 inch long bead of glazing sealant, color as selected. F. Certificate: Certify that products of this section meet or exceed specified requirements. G. Warranty Documentation: Submit manufacturer warranty and ensure that forms have been completed in Owner's name and registered with manufacturer. 1.06 QUALITY ASSURANCE A. Perform Work in accordance with GANA(GM), GANA(SM), GANA(LGRM), and IGMA TM-3000 for glazing installation methods. Maintain one copy on site. B. Installer Qualifications: Company specializing in performing work of the type specified and with at least three years documented experience. 1.07 MOCK-UPS A. See Division 1 -Quality Requirements, for additional mock-up requirements. B. Provide mock-up of entire wall system including glass and air barrier and vapor retarder seal. C. Locate where directed. D. Mock-ups may remain as part of the Work. 1.08 FIELD CONDITIONS A. Do not install glazing when ambient temperature is less than 40 degrees F. B. Maintain minimum ambient temperature before, during and 24 hours after installation of glazing compounds. 1.09 WARRANTY A. See Division 1 - Closeout Submittals, for additional warranty requirements. B. Insulating Glass Units: Provide a ten (10)year manufacturer warranty to include coverage for seal failure, interpane dusting or misting, including replacement of failed units. PART 2 PRODUCTS 2.01 MANUFACTURERS A. Float Glass Manufacturers: 1. Cardinal Glass Industries; www.cardinalcorp.com. 2. Guardian Industries Corp; www.sunguardglass.com. 3. Vitro Architectural Glass; www.vitroglazings.com. 4. Oldcastle Building Envelope; www.obe.com. 5. Substitutions: Refer to Division 1 - Product Requirements. B. Tempered Glass Manufacturers: 1. Cardinal Glass Industries; www.cardinalcorp.com. 2. Guardian Industries Corp.; www.sunguardglass.com. 3. Vitro Architectural Glass; www.vitroglazings.com. 4. Oldcastle Building Envelope; www.obe.com. 5. Substitutions: Refer to Division 1 - Product Requirements. 2.02 PERFORMANCE REQUIREMENTS- EXTERIOR GLAZING ASSEMBLIES A. Provide type and thickness of exterior glazing assemblies to support assembly dead loads, and to withstand live loads caused by positive and negative wind pressure acting normal to plane of glass. 1. Comply with ASTM E1300 for design load resistance of glass type, thickness, dimensions, and maximum lateral deflection of supported glass. 18010.00/Shakopee Fire 088000-2 GLAZING Departrment Window Replacement Page 131 of 352 2. NOTE: Comply with State of Minnesota "U" Factor Energy Requirements through prescriptive means to meet the following criteria for Zone 6: a. Storefront and Curtainwall: 0.36. b. Operating Windows: 0.43. c. Entrance Doors: 0.77. 3. Provide glass edge support system sufficiently stiff to limit the lateral deflection of supported glass edges to less than 1/175 of their lengths under specified design load. 4. Glass thicknesses listed are minimum. B. Thermal and Optical Performance: Provide glass products with performance properties as indicated. Performance properties are in accordance with manufacturer's published data as determined with the following procedures and/or test methods: 1. Center of Glass U-Value: Comply with NFRC 100 using Lawrence Berkeley National Laboratory(LBNL)WINDOW 6.3 computer program and State of Minnesota requirements to achieve "U"values for glazing and aluminum frame composite. 2. Center of Glass Solar Heat Gain Coefficient(SHGC): Comply with NFRC 200 using Lawrence Berkeley National Laboratory(LBNL)WINDOW 6.3 computer program. 3. Solar Optical Properties: Comply with NFRC 300 test method. 2.03 GLASS MATERIALS A. Float Glass: Provide float glass based glazing unless noted otherwise. 1. Annealed Type: ASTM C1036, Type I -Transparent Flat, Class 1 - Clear, Quality-Q3. 2. Heat-Strengthened and Fully Tempered Types: ASTM C1048, Kind HS and FT. 3. Fully Tempered Safety Glass: Complies with ANSI Z97.1 and 16 CFR 1201 criteria. 4. Thicknesses: 1/4" as indicated on drawngs; provide greater thickness as required for exterior glazing wind load design. 2.04 INSULATING GLASS UNITS A. Manufacturers: 1. Any of the manufacturers specified for float glass. 2. Fabricator certified by glass manufacturer for type of glass, coating, and treatment involved and capable of providing specified warranty. 3. Cardinal Glass Industries; www.cardinalcorp.com. 4. Guardian Industries Corp; www.sunguardglass.com. 5. Vitro Architectural Glass; www.vitroglazings.com. 6. Oldcastle Building Envelope; www.obe.com. B. Insulating Glass Units: Types as indicated. 1. Durability: Certified by an independent testing agency to comply with ASTM E2190. 2. Coated Glass: Comply with requirements of ASTM C1376 for pyrolytic (hard-coat) or magnetic sputter vapor deposition (soft-coat)type coatings on flat glass; coated vision glass, Kind CV; coated overhead glass, Kind CO; or coated spandrel glass, Kind CS. 3. Metal Edge Spacers: Aluminum, bent and soldered corners. 4. Spacer Color: Black. 5. Edge Seal: a. Dual-Sealed System: Provide polyisobutylene sealant as primary seal applied between spacer and glass panes, and silicone sealant as secondary seal applied around perimeter. 6. Color: Black. 7. Purge interpane space with dry air, hermetically sealed. C. Insulating Glass Units: Vision glass, double glazed. 1. Applications: Exterior glazing unless otherwise indicated. 2. Space between Iites filled with argon; Low-E. 3. Outboard Lite: Fully tempered float glass, 1/4 inch thick, minimum. a. Tint: Clear. b. Coating: Low-E (passive type), on#2 surface. 18010.00/Shakopee Fire 088000- 3 GLAZING Departrment Window Replacement Page 132 of 352 c. Product: 1) Guardian: SunGuard SN68. 2) Vitro: Solarban 60 Clear/Clear. 4. Inboard Lite: Fully tempered float glass, 1/4 inch thick, minimum. a. Tint: Clear. 5. Total Thickness: 1 inch. 6. Thermal Transmittance (U-Value), Summer-Center of Glass: To be in compliance with State of Minnesota energy requirements. 7. Glazing Method: As recommended by window manufacturer to meet testing requirements. 2.05 GLAZING UNITS A. Interior Vision Glazing: 1. Applications: Interior glazing unless otherwise indicated. 2. Glass Type: Fully tempered float glass. 3. Tint: Clear. 4. Thickness: 1/4 inch, nominal. 2.06 GLAZING COMPOUNDS A. Butyl Sealant: Single component; ASTM C920, Grade NS, Class 12-1/2, Uses M and A, Shore A hardness of 10 to 20; black color. B. Manufacturers: 1. Bostik Inc; www.bostik-us.com. 2. Dow Corning Corporation; www.dowcorning.com/construction. 3. Momentive Performance Materials, Inc; www.momentive.com. 4. Pecora Corporation; www.pecora.com. 5. BASF Corporation; www.basf.com/us/en.html. 6. Substitutions: Refer to Division 1 - Product Requirements. 2.07 ACCESSORIES A. Setting Blocks: Silicone, with 80 to 90 Shore A durometer hardness; ASTM C864 Option II. Length of 0.1 inch for each square foot of glazing or minimum 4 inch x width of glazing rabbet space minus 1/16 inch x height to suit glazing method and pane weight and area. B. Spacer Shims: Neoprene, 50 to 60 Shore A durometer hardness; ASTM C864 Option II. Minimum 3 inch long x one half the height of the glazing stop x thickness to suit application, self adhesive on one face. C. Glazing Tape, Back Bedding Mastic Type: Preformed, butyl-based, 100 percent solids compound with integral resilient spacer rod applicable to application indicated; 5 to 30 cured Shore A durometer hardness; coiled on release paper; black color. D. Glazing Gaskets: Resilient silicone extruded shape to suit glazing channel retaining slot; ASTM C864 Option II; color black. E. Glazing Clips: Manufacturer's brushed stainless steel standard type. 2.08 SOURCE QUALITY CONTROL A. See Division 1 -Quality Requirements, for additional requirements. PART 3 EXECUTION 3.01 VERIFICATION OF CONDITIONS A. Verify that openings for glazing are correctly sized and within tolerances, including those for size, squareness, and offsets at corners. B. Verify that surfaces of glazing channels or recesses are clean, free of obstructions that may impede moisture movement, weeps are clear, and support framing is ready to receive glazing system. 18010.00/Shakopee Fire 088000-4 GLAZING Departrment Window Replacement Page 133 of 352 3.02 PREPARATION A. Clean contact surfaces with appropriate solvent and wipe dry within maximum of 24 hours before glazing. Remove coatings that are not tightly bonded to substrates. B. Seal porous glazing channels or recesses with substrate compatible primer or sealer. C. Prime surfaces scheduled to receive sealant where required for proper sealant adhesion. 3.03 INSTALLATION, GENERAL A. Install glazing sealants in accordance with ASTM C1193, GANA(SM), and manufacturer's instructions. 3.04 FIELD QUALITY CONTROL A. See Division 1 -Quality Requirements, for additional requirements. B. Glass and Glazing product manufacturers to provide field surveillance of the installation of their products. C. Monitor and report installation procedures and unacceptable conditions. 3.05 CLEANING A. See Division 1 - Construction Waste Management and Disposal, for additional requirements. B. Remove excess glazing materials from finish surfaces immediately after application using solvents or cleaners recommended by manufacturers. C. Remove non-permanent labels immediately after glazing installation is complete. D. Clean glass and adjacent surfaces after sealants are fully cured. E. Clean glass on both exposed surfaces not more than 4 days prior to Date of Substantial Completion in accordance with glass manufacturer's written recommendations. 3.06 PROTECTION A. After installation, mark pane with an 'X' by using removable plastic tape or paste; do not mark heat absorbing or reflective glass units. B. Remove and replace glass that is damaged during construction period prior to Date of Substantial Completion. END OF SECTION 18010.00/Shakopee Fire 088000- 5 GLAZING Departrment Window Replacement Page 134 of 352 SECTION 09 2116 GYPSUM BOARD ASSEMBLIES PART 1 GENERAL 1.01 SECTION INCLUDES A. Performance criteria for gypsum board assemblies. B. Gypsum wallboard. C. Joint treatment and accessories. 1.02 RELATED REQUIREMENTS A. Section 06 1000- Rough Carpentry: Wood blocking product and execution requirements. B. Section 07 2119- Foamed-In-Place Insulation: Sealing construction gaps between dissimilar materials in interior or exterior wall locations. C. Section 07 9200-Joint Sealants: Sealing gaps in construction other than gypsum board or plaster work. 1.03 REFERENCE STANDARDS A. ASTM C475/C475M -Standard Specification for Joint Compound and Joint Tape for Finishing Gypsum Board; 2015. B. ASTM C645-Standard Specification for Nonstructural Steel Framing Members; 2014. C. ASTM C754-Standard Specification for Installation of Steel Framing Members to Receive Screw-Attached Gypsum Panel Products; 2015. D. ASTM C840-Standard Specification for Application and Finishing of Gypsum Board; 2013. E. ASTM C954-Standard Specification for Steel Drill Screws for the Application of Gypsum Panel Products or Metal Plaster Bases to Steel Studs From 0.033 in. (0.84 mm)to 0.112 in. (2.84 mm) in Thickness; 2015. F. ASTM C1002-Standard Specification for Steel Self-Piercing Tapping Screws for Application of Gypsum Panel Products or Metal Plaster Bases to Wood Studs or Steel Studs; 2014. G. ASTM C1047-Standard Specification for Accessories For Gypsum Wallboard and Gypsum Veneer Base; 2014a. H. ASTM C1396/C1396M - Standard Specification for Gypsum Board; 2014a. I. ASTM C1629/C1629M - Standard Classification for Abuse-Resistant Nondecorated Interior Gypsum Panel Products and Fiber-Reinforced Cement Panels; 2015. J. ASTM C1658/C1658M - Standard Specification for Glass Mat Gypsum Panels; 2013. K. GA-216-Application and Finishing of Gypsum Board; 2013. L. ICC (IBC)- International Building Code; 2018. 1.04 SUBMITTALS A. See Division 1 -Administrative Requirements, for submittal procedures. B. Shop Drawings: Indicate special details. C. Product Data: Provide data on metal framing, gypsum board, accessories, and joint finishing system. D. Product Data: Provide manufacturer's data on partition head to structure connectors, showing compliance with requirements. E. Samples: Submit two samples of predecorated gypsum board, 12 by 12 inches in size, illustrating finish color and texture. 1.05 QUALITY ASSURANCE A. Installer Qualifications: Company specializing in performing gypsum board installation and finishing, with minimum five years of experience. 18010.00/Shakopee Fire 092116- 1 GYPSUM BOARD ASSEMBLIES Departrment Window Replacement Page 135 of 352 PART 2 PRODUCTS 2.01 GYPSUM BOARD ASSEMBLIES A. Provide completed assemblies complying with ASTM C840 and GA-216. 1. See PART 3 for finishing requirements. 2.02 METAL FRAMING MATERIALS A. Manufacturers- Metal Framing, Connectors, and Accessories: 1. Clarkwestern Dietrich Building Systems LLC; www.clarkdietrich.com. 2. Marino; www.marinoware.com. 3. Phillips Manufacturing Company; www.phillipsmfg.com. 4. Substitutions: See Division 1 - Product Requirements. B. Non-Loadbearing Framing System Components: ASTM C645; galvanized sheet steel, of size and properties necessary to comply with ASTM C754 for the spacing indicated, with maximum deflection of wall framing of L/360 at 10 psf. 1. Studs: "C" shaped with flat or formed webs with knurled faces. 2. Runners: U shaped, sized to match studs. 3. Furring: Hat-shaped sections, minimum depth of 7/8 inch. 2.03 BOARD MATERIALS A. Manufacturers- Gypsum-Based Board: 1. American Gypsum Company; www.americangypsum.com. 2. CertainTeed Corporation; www.certainteed.com. 3. Continental Building Products; www.continental-bp.com. 4. Georgia-Pacific Gypsum; www.gpgypsum.com. 5. National Gypsum Company; www.nationalgypsum.com. 6. PABCO Gypsum; www.pabcogypsum.com. 7. USG Corporation; www.usg.com. 8. Substitutions: See Division 1 - Product Requirements. B. Gypsum Wallboard: Paper-faced gypsum panels as defined in ASTM C1396/C1396M; sizes to minimize joints in place; ends square cut. 1. Application: Use for vertical surfaces, unless otherwise indicated. 2. Thickness: a. Vertical Surfaces: 5/8 inch. 3. Paper-Faced Products: a. USG; Firecode X Gypsum Panels. b. Georgia-Pacific Gypsum; ToughRock Fireguard X. c. National Gypsum Company; Gold Bond BRAND Fire-Shield Gypsum Board. d. Substitutions: See Division 1 - Product Requirements. 2.04 ACCESSORIES A. Finishing Accessories: ASTM C1047, galvanized steel or rolled zinc, unless noted otherwise. 1. Types: As detailed or required for finished appearance. 2. Special Shapes: In addition to conventional corner bead and control joints, provide U-bead at exposed panel edges. 3. Products: a. Same manufacturer as framing materials. b. Substitutions: See Division 1 - Product Requirements. B. Joint Materials: ASTM C475/C475M and as recommended by gypsum board manufacturer for project conditions. 1. Tape: 2 inch wide, coated glass fiber tape for joints and corners, except as otherwise indicated. 2. Tape: 2 inch wide, creased paper tape for joints and corners, except as otherwise indicated. 3. Ready-mixed vinyl-based joint compound. 18010.00/Shakopee Fire 092116-2 GYPSUM BOARD ASSEMBLIES Departrment Window Replacement Page 136 of 352 C. Screws for Fastening of Gypsum Panel Products to Cold-Formed Steel Studs Less than 0.033 inch in Thickness and Wood Members: ASTM C1002; self-piercing tapping screws, corrosion resistant. D. Screws for Fastening of Gypsum Panel Products to Steel Members from 0.033 to 0.112 inch in Thickness: ASTM C954; steel drill screws, corrosion resistant. E. Anchorage to Substrate: Screws, and other metal supports, of type and size to suit application; to rigidly secure materials in place. PART 3 EXECUTION 3.01 EXAMINATION A. Verify that project conditions are appropriate for work of this section to commence. 3.02 FRAMING INSTALLATION A. Metal Framing: Install in accordance with ASTM C754 and manufacturer's instructions. B. Studs: Space studs at 16 inches on center. 1. Extend partition framing to structure in all locations. C. Openings: Reinforce openings as required for weight of doors or operable panels, using not less than double studs at jambs. D. Standard Wall Furring: Install at masonry walls scheduled to receive gypsum board, not more than 4 inches from floor and ceiling lines and abutting walls. Secure in place on alternate channel flanges at maximum 24 inches on center. 1. Orientation: Vertical. 2. Spacing: At 16 inches on center. E. Blocking: Install wood blocking, as appropriate, for support of: 1. Framed openings. 2. Wall mounted door hardware. 3.03 BOARD INSTALLATION A. Comply with ASTM C840, GA-216, and manufacturer's instructions. Install to minimize butt end joints, especially in highly visible locations. B. Installation on Metal Framing: Use screws for attachment of gypsum board. 3.04 INSTALLATION OF TRIM AND ACCESSORIES A. Corner Beads: Install at external corners, using longest practical lengths. B. Edge Trim: Install at locations where gypsum board abuts dissimilar materialsand as indicated. 3.05 JOINT TREATMENT A. Paper Faced Gypsum Board: Use paper joint tape, bedded with ready-mixed vinyl-based joint compound and finished with ready-mixed vinyl-based joint compound. B. Finish gypsum board in accordance with levels defined in ASTM C840, as follows: 1. Level 4: Walls and ceilings to receive paint finish or wall coverings, unless otherwise indicated. 2. Level 2: In utility areas, behind cabinetry, and on backing board to receive tile finish. C. Tape, fill, and sand exposed joints, edges, and corners to produce smooth surface ready to receive finishes. 1. Feather coats of joint compound so that camber is maximum 1/32 inch. 2. Taping, filling, and sanding is not required at surfaces behind adhesive applied ceramic tile and fixed cabinetry. 3.06 TOLERANCES A. Maximum Variation of Finished Gypsum Board Surface from True Flatness: 1/8 inch in 10 feet in any direction. END OF SECTION 18010.00/Shakopee Fire 092116- 3 GYPSUM BOARD ASSEMBLIES Departrment Window Replacement Page 137 of 352 18010.00/Shakopee Fire 092116-4 GYPSUM BOARD ASSEMBLIES Departrment Window Replacement Page 138 of 352 SECTION 09 9123 INTERIOR PAINTING PART 1 GENERAL 1.01 SECTION INCLUDES A. Surface preparation. B. Field application of paints. C. Scope: Finish interior surfaces exposed to view, unless fully factory-finished and unless otherwise indicated. 1. Gypsum Board walls. D. Do Not Paint or Finish the Following Items: 1. Items factory-finished unless otherwise indicated; materials and products having factory-applied primers are not considered factory finished. 2. Items indicated to receive other finishes. 3. Items indicated to remain unfinished. 4. Fire rating labels, equipment serial number and capacity labels, bar code labels, and operating parts of equipment. 5. Stainless steel, anodized aluminum, bronze, terne coated stainless steel, and lead items. 6. Marble, granite, slate, and other natural stones. 7. Floors, unless specifically indicated. 8. Ceramic and other tiles. 9. Glass. 10. Concrete masonry units in utility, mechanical, and electrical spaces. 11. Acoustical materials, unless specifically indicated. 12. Concealed pipes, ducts, and conduits. 1.02 RELATED REQUIREMENTS A. Section 09 2116- Gypsum Board Assemblies. 1.03 REFERENCE STANDARDS A. MPI (APSM)- Master Painters Institute Architectural Painting Specification Manual; Current Edition, www.paintinfo.com. B. SSPC-SP 1 - Solvent Cleaning; 2015. C. SSPC-SP 2 - Hand Tool Cleaning; 1982 (Ed. 2004). 1.04 SUBMITTALS A. See Division 1 -Administrative Requirements, for submittal procedures. B. Product Data: Provide complete list of products to be used, with the following information for each: 1. Manufacturer's name, product name and/or catalog number, and general product category (e.g. "alkyd enamel"). 2. MPI product number (e.g. MPI #47). 3. Cross-reference to specified paint system(s) product is to be used in; include description of each system. 4. Manufacturer's installation instructions. C. Samples: Submit three paper"draw down" samples, 8-1/2 by 11 inches in size, illustrating range of colors available for each finishing product specified. 1. Where sheen is specified, submit samples in only that sheen. 2. Allow 30 days for approval process, after receipt of complete samples by Architect. D. Manufacturer's Instructions: Indicate special surface preparation procedures. E. Maintenance Data: Submit data including finish schedule showing where each product/color/finish was used, product technical data sheets, material safety data sheets 18010.00/Shakopee Fire 099123- 1 INTERIOR PAINTING Departrment Window Replacement Page 139 of 352 (MSDS), care and cleaning instructions, touch-up procedures, repair of painted and finished surfaces, and color samples of each color and finish used. F. Maintenance Materials: Furnish the following for Owner's use in maintenance of project. 1. See Division 1 - Product Requirements, for additional provisions. 2. Extra Paint and Finish Materials: 1 gallon of each color; from the same product run, store where directed. 3. Label each container with color in addition to the manufacturer's label. 1.05 QUALITY ASSURANCE A. Manufacturer Qualifications: Company specializing in manufacturing the products specified, with minimum three years documented experience. B. Applicator Qualifications: Company specializing in performing the type of work specified with minimum three years experience and approved by manufacturer. 1.06 MOCK-UP A. See Division 1 -Quality Requirements, for general requirements for mock-up. B. Provide Mock-Up panel illustrating paint color, texture and finish. C. Provide door and frame assembly illustrating paint color, texture, and finish. D. Locate where directed by Contractor and Architect. E. Mock-up may remain as part of the work. 1.07 DELIVERY, STORAGE,AND HANDLING A. Deliver products to site in sealed and labeled containers; inspect to verify acceptability. B. Container Label: Include manufacturer's name, type of paint, brand name, lot number, brand code, coverage, surface preparation, drying time, cleanup requirements, color designation, and instructions for mixing and reducing. C. Paint Materials: Store at minimum ambient temperature of 45 degrees F and a maximum of 90 degrees F, in ventilated area, and as required by manufacturer's instructions. 1.08 FIELD CONDITIONS A. Do not apply materials when surface and ambient temperatures are outside the temperature ranges required by the paint product manufacturer. B. Follow manufacturer's recommended procedures for producing best results, including testing of substrates, moisture in substrates, and humidity and temperature limitations. C. Do not apply materials when relative humidity exceeds 85 percent; at temperatures less than 5 degrees F above the dew point; or to damp or wet surfaces. D. Minimum Application Temperatures for Paints: 50 degrees F for interiors unless required otherwise by manufacturer's instructions. E. Provide lighting level of 80 ft candles measured mid-height at substrate surface. PART 2 PRODUCTS 2.01 MANUFACTURERS A. Provide paints and finishes from the same manufacturer to the greatest extent possible. B. Paints: 1. Base Manufacturer: Sherwin-Williams Company. C. Substitutions: See Division 1 - Product Requirements, of Equal and Better Performance Characteristics. 2.02 PAINTS AND FINISHES -GENERAL A. Paints and Finishes: Ready mixed, unless intended to be a field-catalyzed paint. 18010.00/Shakopee Fire 099123-2 INTERIOR PAINTING Departrment Window Replacement Page 140 of 352 1. Provide paints and finishes of a soft paste consistency, capable of being readily and uniformly dispersed to a homogeneous coating, with good flow and brushing properties, and capable of drying or curing free of streaks or sags. 2. Supply each paint material in quantity required to complete entire project's work from a single production run. 3. Do not reduce, thin, or dilute paint or finishes or add materials unless such procedure is specifically described in manufacturer's product instructions. B. Colors: To be selected from manufacturer's full range of available colors. 1. Selection to be made by Architect after award of contract. 2.03 PAINT SYSTEMS -INTERIOR A. Paint I-OP- Interior Surfaces to be Painted, Unless Otherwise Indicated: Including gypsum board. NOTE: Paint finish shall be Eggshell. B. Latex Paint: Gypsum Board. 1. Two top coats. 2. Products: a. Sherwin-Williams Company; ProMar 200; B20W2600 Series. b. Substitutions: Division 1 - Product Requirements; of Equal Quality and Better Performance Characteristics. 2.04 PRIMERS A. Primers: Provide the following unless other primer is required or recommended by manufacturer of top coats. 1. Latex Primer at Gypsum Board Walls. a. Products: 1) Sherwin-Williams Company; ProMar200, B28W2600 Series. 2) Substitutions: Division 1 - Product Requirements; of Equal Quality and Better Performance Characteristics. 2.05 ACCESSORY MATERIALS A. Accessory Materials: Provide primers, sealers, cleaning agents, cleaning cloths, sanding materials, and clean-up materials as required for final completion of painted surfaces. B. Patching Material: Latex filler. C. Fastener Head Cover Material: Latex filler. PART 3 EXECUTION 3.01 EXAMINATION A. Verify that surfaces are ready to receive work as instructed by the product manufacturer. B. Examine surfaces scheduled to be finished prior to commencement of work. Report any condition that may potentially effect proper application. C. If substrate preparation is the responsibility of another installer, notify Contractor and Architect of unsatisfactory preparation before proceeding. D. Test shop-applied primer for compatibility with subsequent cover materials. E. Measure moisture content of surfaces using an electronic moisture meter. Do not apply finishes unless moisture content of surfaces are below the following maximums: 1. Gypsum Wallboard: 12 percent. 3.02 PREPARATION A. Clean surfaces thoroughly and correct defects prior to application. B. Prepare surfaces using the methods recommended by the manufacturer for achieving the best result for the substrate under the project conditions. C. Remove or repair existing paints or finishes that exhibit surface defects. 18010.00/Shakopee Fire 099123- 3 INTERIOR PAINTING Departrment Window Replacement Page 141 of 352 D. Remove or mask surface appurtenances, including hot water radiation system, electrical plates, hardware, escutcheons, and fittings, prior to preparing surfaces or finishing. E. Seal surfaces that might cause bleed through or staining of topcoat. F. Remove mildew from impervious surfaces by scrubbing with solution of tetra-sodium phosphate and bleach. Rinse with clean water and allow surface to dry. G. Gypsum Board: Fill minor defects with filler compound. Spot prime defects after repair. 3.03 APPLICATION A. Apply products in accordance with manufacturer's written instructions and recommendations in "MPI Architectural Painting Specification Manual". B. Do not apply finishes to surfaces that are not dry. Allow applied coats to dry before next coat is applied. C. Apply each coat to uniform appearance in thicknesses specified by manufacturer. D. Vacuum clean surfaces of loose particles. Use tack cloth to remove dust and particles just prior to applying next coat. E. Reinstall electrical cover plates, hardware, light fixture trim, escutcheons, and fittings removed prior to finishing. 3.04 FIELD QUALITY CONTROL A. See Division 1 -Quality Requirements, for general requirements for field inspection. B. Inspect and test questionable coated areas in accordance with Architect. 3.05 CLEANING A. Collect waste material that could constitute a fire hazard, place in closed metal containers, and remove daily from site. 3.06 PROTECTION A. Protect finishes until completion of project. B. Touch-up damaged finishes after Substantial Completion. END OF SECTION 18010.00/Shakopee Fire 099123-4 INTERIOR PAINTING Departrment Window Replacement Page 142 of 352 SECTION 12 3600 WINDOW SILLS PART 1 GENERAL 1.01 SECTION INCLUDES A. Solid Surface window sills. 1.02 RELATED REQUIREMENTS A. Section 09 2116- Gypsum Board Assemblies: Repaired Wall Finish Furred out on Masonry Substrate. 1.03 REFERENCE STANDARDS A. AWMAC/WI (NAAWS)- North American Architectural Woodwork Standards, U.S. Version 3.0; 2016. B. ISFA 2-01 - Classification and Standards for Solid Surfacing Material; 2013. C. PS 1 - Structural Plywood; 2009. 1.04 SUBMITTALS A. See Division 1 -Administrative Requirements, for submittal procedures. B. Product Data: Manufacturer's data sheets on each product to be used, including: 1. Preparation instructions and recommendations. 2. Storage and handling requirements and recommendations. 3. Specimen warranty. C. Shop Drawings: Complete details of materials and installation; combine with shop drawings of cabinets and casework specified in other sections. D. Selection Samples: For each finish product specified, color chips representing manufacturer's full range of available colors and patterns. E. Verification Samples: For each finish product specified, minimum size 6 inches square, representing actual product, color, and patterns. F. Test Reports: Chemical resistance testing, showing compliance with specified requirements. G. Installation Instructions: Manufacturer's installation instructions and recommendations. H. Maintenance Data: Manufacturer's instructions and recommendations for maintenance and repair of countertop surfaces. 1.05 QUALITY ASSURANCE A. Installer Qualifications: Company specializing in performing work of the type specified in this section, with not less than three years of documented experience. B. Quality Certification: 1. Comply with AWI (QCP)woodwork association quality certification service/program in accordance with requirements for work specified in this section. 1.06 DELIVERY, STORAGE,AND HANDLING A. Store products in manufacturer's unopened packaging until ready for installation. B. Store and dispose of solvent-based materials, and materials used with solvent-based materials, in accordance with requirements of local authorities having jurisdiction. PART 2 PRODUCTS 2.01 WINDOW SILLS A. Quality Standard: Premium Grade, in accordance with AWI/AWMAC/WI (AWS)or AWMAC/WI (NAAWS), unless noted otherwise. B. Solid Surfacing Window Sills: Solid surfacing sheet or plastic resin casting over continuous substrate. 1. Flat Sheet Thickness: 1/2 inch, minimum. 18010.00/Shakopee Fire 123600- 1 WINDOW SILLS Departrment Window Replacement Page 143 of 352 2. Solid Surfacing Sheet and Plastic Resin Castings: Complying with ISFA 2-01 and NEMA LD 3; acrylic or polyester resin, mineral filler, and pigments; homogenous, non-porous and capable of being worked and repaired using standard woodworking tools; no surface coating; color and pattern consistent throughout thickness. a. Manufacturers: 1) Avonite Surfaces; www.avonitesurfaces.com. 2) Dupont; www.corian.com. 3) Formica Corporation; www.formica.com. 4) Wilsonart; www.wilsonart.com. 5) Substitutions: See Division 1 - Product Requirements. b. Finish on Exposed Surfaces: Matte, gloss rating of 5 to 20. c. Color and Pattern: As selected by Architect from manufacturer's full-range color and pattern pallet. 3. Other Components Thickness: 3/4 inch, minimum. 4. Exposed Edge Treatment: Built up to minimum 1-1/4 inch thick; square edge. 5. Skirts: As indicated on drawings. 6. Fabricate in accordance with manufacturer's standard requirements. 2.02 MATERIALS A. Plywood for Supporting Substrate: PS 1 Exterior Grade, A-C veneer grade, minimum 5-ply; minimum 3/4 inch thick;join lengths using metal splines. B. Adhesives: Chemical resistant waterproof adhesive as recommended by manufacturer of materials being joined. C. Joint Sealant: Mildew-resistant silicone sealant, clear. 2.03 FABRICATION A. Fabricate sills in the largest sections practicable, with top surface of joints flush. 1. Join lengths of tops using best method recommended by manufacturer. 2. Fabricate to overhang walls as indicated on drawings. B. Solid Surfacing: Fabricate sills up to 144 inches long in one piece;join pieces with adhesive sealant in accordance with manufacturer's recommendations and instructions. C. Wall-Mounted Counters: Provide skirts and aprons as indicated on drawings, finished to match. Provide counter support as indicated on drawings. PART 3 EXECUTION 3.01 EXAMINATION A. Do not begin installation until substrates have been properly prepared. B. If substrate preparation is the responsibility of another installer, notify Architect of unsatisfactory preparation before proceeding. 3.02 PREPARATION A. Clean surfaces thoroughly prior to installation. B. Prepare surfaces using the methods recommended by the manufacturer for achieving the best result for the substrate under the project conditions. 3.03 INSTALLATION A. Securely attach window sills to using concealed fasteners. Make flat surfaces level; shim where required. B. Seal joint between backs and ends of sills. 3.04 TOLERANCES A. Variation From Horizontal: 1/8 inch in 10 feet, maximum. B. Offset From Wall: 1/8 inch maximum; 1/16 inch minimum. C. Field Joints: 1/8 inch wide, maximum. 18010.00/Shakopee Fire 123600-2 WINDOW SILLS Departrment Window Replacement Page 144 of 352 3.05 CLEANING A. Clean window sill surfaces thoroughly. 3.06 PROTECTION A. Protect installed products until completion of project. B. Touch-up, repair or replace damaged products before Date of Substantial Completion. END OF SECTION 18010.00/Shakopee Fire 123600- 3 WINDOW SILLS Departrment Window Replacement Page 145 of 352 *4.C.1. pb"IA ' AK OFT. 7, Shakopee City Council April 3, 2018 FROM: Mark Noble, Senior Planner TO: Mayor and Council Members Subject: Set Public Hearing for Vacation of Public Rights Of Way and Drainage & Utility Easements— Canterbury 6th Addition Policy/Action Requested: Approve Resolution No. R2018-033, a resolution setting the public hearing date to consider the vacation of a public right-of-way (Shenandoah Drive) and public drainage & utility easements for property located north of Eagle Creek Blvd., East of Shenandoah Drive extended @ Eastway Avenue, South of 4th Avenue East and West of CSAH 83 @ 12th Avenue East. Recommendation: Staff recommends that the Council adopt the attached resolution setting a public hearing date for the vacation of a public right-of-way (Shenandoah Drive) and public drainage & utility easements for property located north of Eagle Creek Blvd., East of Shenandoah Drive extended @ Eastway Avenue, South of 4th Avenue East and West of CSAH 83 @ 12th Avenue East. Discussion: Doran Canterbury I, LLC is proposing a development on Canterbury Park property, west of the horse track and grand stand area. There exists a public right-of-way (Shenandoah Drive, established in Canterbury Park Sixth Addition) and several public drainage and utility easements that they would like to vacate (see attached Easement Vacation Exhibits & descriptions). Additionally, they have submitted a Preliminary Plat and a Planned Unit Development Amendment for their proposed Canterbury Commons development, which will be presented to the Council at a future date. Staff supports this request, as it will result in a cleaner/easier to read Canterbury Park 7th Addition final plat. The attached Resolution No. R2018-033 sets a public hearing date of Tuesday, April 17, 2018 to consider the vacation of the public right of way and drainage & utility easements. Page 146 of 352 On that date, comments from staff members and utilities, as well as a recommendation from the Planning Commission, will be presented to the City Council for consideration. The Planning Commission will consider the request at its April 5, 2018 meeting. Budget Impact: N/A ATTACHMENTS: D Resolution No. R2018-033 D Site Aerial D Easement Vacation Exhibits D Easements Vacation Descriptions Page 147 of 352 RESOLUTION NO.R2018-033 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF PUBLIC RIGHT OF WAY AND DRAINAGE & UTILITY EASEMENTS WHEREAS, it has been presented to the Shakopee City Council that a public right- of-way(Shenandoah Drive) and public drainage &utility easements for property located north of Eagle Creek Blvd., East of Shenandoah Drive extended @ Eastway Avenue, South of 4th Avenue East and West of CSAH 83 @ 12th Avenue East is no longer of public use or interest; and WHEREAS, a public hearing must be held before an action to vacate can be taken and two weeks published and posted notice thereof must be given; and WHEREAS, the proposed vacation is described as: (see attached Easement Vacation Exhibits and Descriptions); and WHEREAS,two weeks published notice will be given in the SHAKOPEE VALLEY NEWS and posted notice will be given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U.S. Post Office,the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,that a hearing be held in the Council Chambers on the 17th day of April, 2018, at 7:00 P.M. or thereafter, on the matter of vacating a public right-of-way(Shenandoah Drive)and public drainage &utility easements for property located north of Eagle Creek Blvd., East of Shenandoah Drive extended @ Eastway Avenue, South of 4th Avenue East and West of CSAH 83 @ 12th Avenue East. Adopted in session of the City Council of the City of Shakopee, Minnesota,held the day of , 2018. Mayor of the City of Shakopee ATTEST: Lori Hensen, City Clerk Page 148 of 352 ���pp� :�'-? I,�%1 P iP011IVW V! 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Drainage and Utility Easements over, under and across those parts of Lot 1, Block 1, Outlot B, Outlot C, Outlot D and Outlot G, CANTERBURY PARK SIXTH ADDITION, according to the recorded plat thereof, Scott County, Minnesota, as created and dedicated on said plat. Drainage and Utility Easements over, under and across those parts of Lot 1, Block 1, CANTERBURY PARK FIFTH ADDITION, according to the recorded plat thereof, Scott County, Minnesota, as created and dedicated on said plat. That part of the easement for Storm Sewer and Drainage purposes recorded as Document Numbers 341156 and 72441A which lies within CANTERBURY PARK SIXTH ADDITION, according to the recorded plat thereof, Scott County, Minnesota, more particularly described as Parcel No.'s 908040-0 and 905001- 0 within said document. Page 158 of 352 *4.C.2. pbllakA ' AKOFT. 7, Shakopee City Council April 3, 2018 FROM: Michael Kerski, Director of Planning and Development TO: Mayor and City Council Subject: The city's attorneys have researched titles and found that the HRA currently holds property. Since the HRA, an arm of the city, does not exist anymore and was replaced by the EDA, that property will need to be transferred to the EDA. Since the HRA does not have a board, the city will need to amend the EDA origination to include taking title to any properties held by the HRA. Policy/Action Requested: Council is setting public hearing for May 1, 2018 to allow the transfer of property from the HRA to the EDA Recommendation: Set public hearing for May 1, 2018. Discussion: The HRA holds title to the property on the bluff off of Scott Street and may hold title to other properties. In order to make sure that any properties found are transferred to the EDA, the city must add that to the EDA's charter, which requires a public hearing. Once that hearing is held, the regulations will be changed to allow any HRA held properties to be transferred to the EDA. Budget Impact: Page 159 of 352 *4.D.1. pb"IA ' AKCFT. 7, Shakopee City Council April 3, 2018 FROM: Michael Hullander TO: Mayor and Council Members Subject: Purchase three (3) John Deere 1570 mowers. Policy/Action Requested: Approve the purchase of three (3) John Deere 1570 mowers. Recommendation: Approve the purchase. Discussion: Public Works has trade-in agreements with Kibble Equipment on three John Deere 1570 Mowers. The agreements prescribe trading every two years for $4,000.00 up to 250 hours and $12.00 for every hour over 250. The combined price for this trade is $12,000.00 ($4,000 X 3) plus $9,300.00 for the 775 additional hours which equates to a total purchase price of$21,300.00. The purchase of this equipment is being accomplished under the State Contract Pricing#MA17288. Budget Impact: The 2018 Capital Equipment Budget allocated $21,750.00 for this purchase. ATTACHMENTS: D JD 1570 Purchase Pricing Page 160 of 352 JOHN DEERE KIBBLE EQUIRME T ALL PURCHASE ORDERS MUST BE MADE OUT ALL PURCHASE ORDERS MUST BE SENT TO(VENDOR): TO DELIVERING DEALER: Deere& Company Kibble Equipment 2000 John Deere Run 1051 Old Hwy 169 Blvd Cary, NC 27513 Belle Plaine, MN 56011 FED ID: 36-2382580; DUNS#: 60-7690989 952-873-2224 receptionist@kibbleeq.com Quote Summary Prepared For: Delivering Dealer: City Of Shakopee Public Works Kibble Equipment 400 Gorman St Ryan Wester Shakopee, MN 55379 1051 Old Hwy 169 Blvd Business: 952-233-3825 Belle Plaine, MN 56011 Phone: 952-873-2224 ryan.wester@kibbleeq.com Quote ID: 16936746 Created On: 08 March 2018 Last Modified On: 16 March 2018 Expiration Date: 08 April 2018 Equipment Summary Suggested List Selling Price Qty Extended JOHN DEERE 1570 TerrainCut $ 30,327.56 $23,352.22 X 3 = $ 70,056.66 Commercial Front Mower(Less Mower Deck) Contract: MN IA Piggyback Construction, Ag and Ground Maintenance Equipment Contract MA17288 (PG 0J) Price Effective Date: March 8, 2018 JOHN DEERE 72 In. Fastback $4,799.00 $ 3,695.23 X 3 = $ 11,085.69 Commercial Rear Discharge Deck Contract: MN IA Piggyback Construction,Ag and Ground Maintenance Equipment Contract MA17288 (PG OJ) Price Effective Date: March 8, 2018 Equipment Total $81,142.35 Trade In Summary Qty Each Extended 2015 JOHN DEERE 1570- 1TC1570VLFS010284 1 $ 19,663.57 $ 19,663.57 PayOff $ 0.00 Total Trade Allowance $ 19,663 57 2016 JOHN DEERE 1570 - 1 $ 19,027.26 $ 19,027.26 1 TC 1570VAGS020099 PayOff $ 0.00 Total Trade Allowance $ 19,027.26 Salesperson :X Accepted By : X Confidential Page 161 of 352 ������� �� JOHN DEERE 1 P KIBBLE EcJu/PwEmr ALL PURCHASE ORDERS MUST BEMADE OUT ALL PURCHASE ORDERS MUST BE SENT TO(VENDOR): TO DELIVERING DEALER: Demre& Company Kibble Equipment 2000 John Deere Run 1051 0|d Hwy 169 Blvd Cery, NC 27513 Belle Plaine, VIN 56011 FED ID: 36-2382580; DUNS#: GO-7S0OS8Q 952-878'2224 neoeptionint@kibb|eeq.com 2O1GJOHN DEERE 157O- 1 $21.161.52 $21.151.52 1TC1570VAGS020149 pay $ O�DO {}� ��1 Total Trade Allowance .151�52 Trade In Total $S9'842.35 Includes Fees and Non-contract items Quote Summary Equipment Total $81.142.3G Trade In $ (58.842.35) SubTota| G21.300,00 Est. Service $0.00 Agreement Tax Tcdo| $21.300.00 Ommn Payment (O.00) Rental Applied (0.00) Balance Due $21.30¢.OD Salesperson X Accepted By X ��� *4.D.2. pbllakA ' AKCFT. 7, Shakopee City Council April 3, 2018 FROM: Michael Hullander TO: Mayor and Council Members Subject: Park Restroom Cleaning Contract Renewal Policy/Action Requested: Renew a cleaning contract with Treasure Enterprises, Inc. Recommendation: Renew a cleaning contract with Treasure Enterprises, Inc. Discussion: The city has contracted park restroom cleaning services since 2003. City staff are satisfied with the cleaning and customer service provided by Treasure Enterprises and recommend renewing the contract for another year, April 1, 2018 to March 31, 2019. Budget Impact: Routine cleaning for the contract year is $32,005.04, which includes an increase of 3 percent from the prior year's contract (less the amount that was included for the Lions Warming House last year). Window and extra/deep/event cleanings are additional, upon request. ATTACHMENTS: D contract agreement Page 163 of 352 SHAKOPEE PUBLIC WORKS DFPARTMFNT CITY OF SHAKOPEE CONTRACT FOR CLEANING SERVICES - PARK BUILDINGS 2018-2019 Bill Mars, Mayor Members of Council Matt Lehman Mike Luce Kati Mocol Jay Whiting Bill Reynolds, City Administrator Steve Lillehaug, Public Works Director Michael Hullander, Public Works Superintendent Bill Egan, Park Maintenance Supervisor Page 164 of 352 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2018 through March 31, 2019 TABLE OF CONTENTS I. DEFINITIONS........................................................................................................................... 3 II. GENERAL CONDITIONS........................................................................................................... 3 III. SPECIAL CONDITIONS........................................................................................................... 12 ATTACHM E NT A............................................................................................................................ 15 SPECIAL PROVISIONS..................................................................................................................... 15 ATTACHMENTB ............................................................................................................................ 16 HOURS OF OPERATION ................................................................................................................. 16 ATTACHMENTC ............................................................................................................................ 17 PRICES ........................................................................................................................................... 17 ATTACHMENTD............................................................................................................................ 18 SPECIFICATIONS............................................................................................................................ 18 Tahpah Park— 1490 Adams St S.................................................................................................... 19 Schleper Stadium (Tahpah Park)— 1490 Adams St S.................................................................... 20 LionsPark— 1103 Adams St S ....................................................................................................... 21 Lions Park Warming House— 1099 Adams St S ............................................................................ 22 Huber Park— 150 Fillmore St N..................................................................................................... 23 Memorial Park— 1791 Co Rd. 101 E ............................................................................................. 24 17th Avenue Sports Complex—2600 17th Ave East...................................................................... 25 Westminster Park—801 Valley View Rd....................................................................................... 26 Green Meadows Park—3100 Thrush Street................................................................................. 27 Riverside Fields Park—7800 Crossings Blvd. ................................................................................ 28 Hiawatha Park—625 7th Avenue East.......................................................................................... 29 Holmes Park—628 4th Avenue West ........................................................................................... 30 Scenic Heights Park— 1195 Ruby Lane ......................................................................................... 31 Southbridge Community Park—7101 Southbridge Parkway ....................................................... 32 Page 2 of 33 Page 165 of 352 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2018 through March 31, 2019 This contract is entered into as of April 1, 2018 and ends March 31, 2019 by and between the City of Shakopee ("City") and Treasure Enterprises, Incorporated ("Contractor" or "Treasure Enterprises, Inc."). Now, therefore, in consideration of the promises and mutual obligation contained in this agreement, the parties covenant and agree as follows: I. DEFINITIONS Words, phrases, or other expressions used in these contract documents shall have meanings as follows: 1.1 "Administrator" shall mean the City Administrator of the City of Shakopee, Minnesota or his/her duly authorized representative. 1.2 "City" shall mean the City of Shakopee, Minnesota a municipal corporation, acting through its duly appointed officers, employees, agents and representatives. 1.3 "City Council" shall mean the City Council of the City of Shakopee, Minnesota. 1.4 "Code of Ordinances" shall mean the City of Shakopee Code of Ordinances. 1.5 "Contractor" means Treasure Enterprises, Incorporated and its duly authorized representatives. 1.6 "Date of Contract," or equivalent words, shall mean the date written in the first paragraph of the Contract Agreement. 1.7 "Day" or"days," unless herein otherwise expressly defined, shall mean a calendar day or days of twenty-four hours each. 1.8 "Finance Director" shall mean the Director of Finance of the City of Shakopee, Minnesota. 1.9 "Subcontractor" shall mean and refer only to a corporation, partnership, firm or individual having a direct contract with the Contractor for performing work in connection with this contract. II. GENERAL CONDITIONS 2.1 CONTRACTOR'S OBLIGATIONS: Page 3 of 33 Page 166 of 352 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2018 through March 31, 2019 A. In strict accordance with the terms of this Contract (including the General and Special Conditions and Specifications below)and at its sole cost and expense,the Contractor shall provide all of the labor, materials, necessary tools, expendable equipment, supplies, vehicles, transportation services, required to perform and complete the janitorial duties of the contract. B. Attachments A, B, C, D will have the working details of the cleaning obligations. 2.2 TERM OF CONTRACT: A. This contract shall become effective on the 1st day of April, 2018 and shall remain in full force and effect through March 31, 2019. B. At the expiration of the initial contract term, the City, at its sole discretion, may extend the contract for up to one (1) year each at the proposal price for the option years by delivering written notice of its intent to extend delivery to Contractor at least two (2) months prior to the expiration date of this contract. The proposal price for the option years shall be, at minimum, the proposal price for 2018 adjusted by the percentage increase in the consumer price index for all urban areas (CPI-U) from February 2017 to February 2018. 2.3 PAYMENT: A. After service is complete, the Contractor will bill the City monthly for the services included in this contract in accordance with the charges set forth in Attachment C to this agreement. 2.4 CONTRACTOR'S ACCIDENT PREVENTION: A. The Contractor shall comply with the safety provisions of all applicable laws, regulations and building codes, including, without limitation, the installation and maintenance of safeguards on machinery and equipment, the elimination of hazards, and worker safety training. B. The Contractor shall exercise precaution at all times to protect the safety of persons and property. C. The Contractor shall immediately notify the City of any accident of any kind, which involves the general public or private or public property, which occurs during the performance of this Agreement. Page 4 of 33 Page 167 of 352 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2018 through March 31, 2019 D. Upon City's request, the Contractor shall provide the City with a written report within forty-eight (48) hours including the details of any such accident. 2.5 DAMAGE TO PROPERTY: A. The Contractor shall take all necessary precautions to protect public and private property during the performance of this Agreement. B. Such property damage shall be addressed for repair or replacement, at no charge to the property owner, within forty-eight (48) hours with property of the same or equivalent value at the time of the damage. C. If the Contractor fails to address the repair or replacement damaged property in within forty-eight (48), the City may, but shall not be obligated to, repair or replace such damaged property, and the Contractor shall fully reimburse the City's for any of its reasonably incurred expenses. D. The Contractor shall reimburse and/or provide evidence of an insurance claim, the City for any such expenses within ten (10) days of receipt of the City's invoice. 2.6 INSPECTION: A. The City may appoint such Inspectors as it deems proper to inspect the work performed and Contractor's facilities for compliance with the contract documents. The Contractor shall furnish all reasonable assistance required by the Inspectors for the proper inspection of the work. B. Inspectors and other authorized representatives of the City shall be free at all times to perform their duties. Any attempted intimidation of one of them by the Contractor or his/her employees shall be sufficient reason, if the City so decides, to terminate the contract. C. Such inspection shall not relieve the Contractor from any obligation to perform the work strictly in accordance with the contract. 2.7 COMPLIANCE WITH LAWS, ORDINANCES AND REGULATIONS: A. The Contractor shall be familiar with, observe and comply with all ordinances, laws, and regulations which in any manner affect those engaged or employed in the work, or the materials, facilities or equipment used in the proposed work, or which in any way affect Page 5 of 33 Page 168 of 352 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2018 through March 31, 2019 the conduct of the work, and shall protect and indemnify the City and its officers and agents against any claim or liability arising from or based on any violation of same. B. If the Contractor shall discover any provision in the specifications or the contract, which is contrary to or inconsistent with any law, ordinance or regulation, he/she shall forthwith report it to the Administrator in writing. C. Amendments to existing regulatory laws and ordinances and enactment of new laws and ordinances shall not serve as justification for the Contractor to terminate his/her obligations hereunder, unless said amendments make the completion of this contract impossible. 2.8 TAXES, LICENSES AND PERMITS: A. The Contractor shall pay all sales, use, property, income, and other taxes that are lawfully assessed against the City or Contractor in connection with the Contractor's facilities and the work included in this contract and shall obtain, maintain and pay for all licenses, permits, certificates of authority, and inspections required for the work during the term of the Contract. 2.9 INDEPENDENT CONTRACTOR: A. The Contractor shall be responsible for the complete supervision and control of his/her Subcontractors. Notice to the Contractor shall be considered notice to the Subcontractors. B. The Contractor is, and shall remain for all purposes, an independent contractor, and its officers, employees, agents, or consultants shall not be deemed employees of the City, nor shall they be entitled to any separate payment of salary, wages, or any employee benefits available to employees of the City. C. The Contractor shall be solely responsible for any salaries, wages, benefits, fees or other compensation, which it may obligate itself to pay to any of its employees or consultants. D. Contractor agrees that during the term of this contract, or any extension of it, Contractor shall not assign, sell, or otherwise transfer more than 10% of: (a) its stock or other beneficial ownership interest; (b) voting rights; or (c) assets, to any person or party other than a member of the immediate family of an existing shareholder. A breach of this contract and the City may immediately terminate the contract. 2.10 ASSIGNMENT AND SUBCONTRACTING: Page 6 of 33 Page 169 of 352 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2018 through March 31, 2019 A. The Contractor shall not assign or subcontract the work, or any part thereof, without the previous consent of the Administrator, nor shall he/she assign, by power of attorney or otherwise, any of the money payable under this contract unless written consent of the City has been obtained. No right under this contract, nor claim for any money due or to become due hereunder shall be asserted against the City, or persons acting for the City, by reason of any so-called assignment of this contract or any part thereof, unless such assignment has been authorized by the consent of the City Council. B. In case the Contractor is permitted to assign moneys due or to become due under this contract, the instrument of assignment shall contain a clause subordinating the claim of the assignee to all prior liens for services rendered and materials supplied for the performance of the work and to any claims of the City arising out of or under this contract. C. Should any subcontractor fail to perform in a satisfactory manner the work undertaken by him/her, his/her subcontract should be immediately terminated by the Contractor upon written notice from the City. The Contractor shall be as fully responsible and accountable to the City for the acts and omissions of his/her subcontractors, and of persons either directly or indirectly employed by him/her, as he/she is for the acts and omissions of persons directly employed by him. D. Nothing contained in this contract shall create any contractual relation between any subcontractor and the City. The Contractor and his/her Surety alone shall be held responsible for the full and faithful performance of this contract. 2.11 GENERAL INDEMNIFICATION: A. The Contractor shall indemnify, keep and save harmless the City and its respective officers, agents and employees against all suits or claims that may be based upon any injury or damage to persons or property that may occur, or that may be alleged to have occurred, in the course of the performance of this contract by the Contractor, or as a result of the performance of this contract by the Contractor, whether or not it shall be claimed that the injury was caused through a negligent act or omission of the Contractor or his/her employees,or his/her subcontractors or his/her or their agents or in connection with any claim based on lawful demands of subcontractor, work person, suppliers; and whether or not the persons injured or whose property was damaged were third parties, employees or the Contractor or employees of an authorized subcontractor; and the Contractor shall at his/her own expense defend the City in all litigation, pay all attorneys' fees and all costs and other expenses arising out of the litigation or claim or incurred in connection therewith; and shall, at his/her own expense, satisfy and cause to be discharged such judgments as may be obtained against the City, or any of its officers, Page 7 of 33 Page 170 of 352 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2018 through March 31, 2019 agents or employees. B. When requested by the City, the Contractor shall submit satisfactory evidence that all persons, firms or corporations who have done work or furnished supplies under this contract, for which the City may become liable under the laws of the State of Minnesota, have been fully paid or satisfactorily secured. In case such evidence is not furnished or is not satisfactory, an amount may be retained from money due the Contractor which will be sufficient, in the opinion of the City, to meet all claims of the persons, firms, and corporations as aforesaid. Such sum shall be retained until the liabilities as aforesaid are fully discharged or satisfactorily secured. 2.12 INSURANCE: A. The Contractor(or City-Approved subcontractor) shall furnish prior to commencement of any work under this Contract certificate(s) of insurance providing insurance coverage as follows: (1) Workers' Compensation Insurance - Covering all persons engaged in work under this Contract to the full statutory limits stipulated in the Minnesota Workmen's Compensation Law. (2) Commercial Liability Insurance - Including premises and operations and including products/completed operations with the following minimum limits: Bodily Injury & Property Damage $1,500,000/each occurrence (3) Commercial Vehicle Liability Insurance - Including owned, non-owned and hired motor vehicles. Bodily Injury& Property Damage $1,500,000/each occurrence The above requirements should not be interpreted to limit the liability of the Contractor under this Contract. B. All insurers shall be either licensed or authorized to do business in the State of Minnesota. C. This coverage shall protect the Contractor, its employees, agents, representatives and subcontractors against claims arising out of the work performed. The City of Shakopee, its agents and employees shall be included as additionally insured with respect to all liability policies herein. D. A thirty(30) day cancellation clause with notice to the City of Shakopee shall be included; words modifying the cancellation clause such as "endeavor to" provide notice will be Page 8 of 33 Page 171 of 352 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2018 through March 31, 2019 unacceptable and must be stricken. E. It shall be the Contractor's responsibility to provide similar insurance for each subcontractor or to provide evidence that each subcontractor carries such insurance in like amount prior to the time such subcontractor proceeds to perform under the Contract. 2.13 DEFAULT AND TERMINATION: A. If the work to be done under this contract is abandoned by the Contractor; or if this contract is assigned by him/her without the written consent of the City Council; or if the Contractor voluntarily files for bankruptcy or is adjudged bankrupt; or if a general assignment of his/her assets is made for the benefit of his creditors; or if a receiver is appointed for the Contractor or any of his/her property; or if at any time the City determines that the performance of the work under this contract is being unnecessarily delayed or that the Contractor is violating any of the conditions of this contract, or that he/she is executing the same in bad faith or otherwise not in accordance with the terms of said contract, then the City may serve written notice upon the Contractor and his/her Surety of the City's intention to terminate this contract. B. Unless within ten (10) days after the serving of such notice by certified mail, a satisfactory arrangement is made for continuance,this contract shall terminate and the City may take over and prosecute the work to completion, by contract or otherwise. C. In the event of default or nonperformance on the part of the Contractor, the Contractor and its Surety shall be liable to the City for all excess cost sustained by the City by reason of the City. In the event the City complete the contract at a lesser cost than would have been payable to the Contractor under the contract, if the same had been fulfilled by said Contractor, then the City shall retain such difference. Should such costs to the City be greater,the Contractor and its Surety shall be liable for any pay the amount of such excess to the City. D. In the event of Contractor's default under the terms of this contract, all payments due to the Contractor shall be retained by the City and applied to the completion of the contract and to damages suffered and expense incurred by the City by reason of such default, unless the Surety on the performance bond shall assume the contract, in which event all payments remaining due the Contractor at the time of default, less amounts due the City from the Contractor and less all sums due the City for damages suffered and expense incurred by reason of such default shall be due and payable to such Surety. Thereafter, such Surety shall receive monthly payments equal to those that would have been paid the Contractor had such Contractor continued to perform the contract. Page 9 of 33 Page 172 of 352 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2018 through March 31, 2019 E. If the City terminates the contract, the City may procure supplies or services similar to those so terminated, and the contractor/vendor shall be liable to the City for any excess costs for similar supplies and services, unless the contractor/vendor provides acceptable evidence that failure to perform the contract was due to causes beyond the control and without the fault or negligence of the Contractor. F. The City may release any building or facility listed on Attachment C from the contract by providing the Contractor with a minimum of 14 days advance written notice. Upon release of any such building or facility, the City will no longer be obligated to make payment to the Contractor for that building or facility. 2.14 FORCE MAJEURE: A. Whenever a period of time is provided for in this Agreement for either the City or the Contractor are to do or perform any act or obligation, neither party shall be liable for any delays or inability to perform due to causes beyond the control of said party such as war, riot, unavoidable casualty or damage to personnel, materials or equipment, fire, flood, storm, earthquake, tornado or any act of God, but not strike or lockout. B. The time period for the performance in question shall be extended for only the actual amount of time said party is so delayed. 2.15 PENALTIES: A. The Administrator and his/her designee shall notify the Contractor for each violation of the Contract, reported to or discovered by him/her or the City. It shall be the duty of the Contractor to take whatever steps may be necessary to remedy the cause of the complaint and notify in writing the City of its disposition within twenty-four (24) hours after receipt of complaint. B. The first failure to properly perform any item of work will result in written notification to the contractor by the City Administrator and/or his/her designee. The second failure to properly perform any item of work will result in a penalty to the contractor. The City will reduce the amount of the penalty from the amount owed as payment to the contractor. C. The penalty amounts will be as follows: 1) Failure to complete any daily task----------------------------$55.00 each incident. Each location is considered one incident. 2.16 NOTICES: Page 10 of 33 Page 173 of 352 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2018 through March 31, 2019 A. Any notice or demand required or permitted to be given or made there under shall be sufficiently given or made by facsimile, e-mail, messenger delivery, overnight delivery, or certified mail in a sealed envelope, postage prepaid, addressed as follows: City of Shakopee Treasure Enterprises, Inc. Public Works Fidelis Odeh, President 400 Gorman Street PO Box 581212 Shakopee, MN 55379 Minneapolis, MN 55458 B. Either party may change the address to which notices may be sent by furnishing written notice of such change to the other party. C. Notice delivered by messenger, overnight delivery, facsimile, or e-mail shall be deemed received upon delivery. Notice delivered by mail shall be deemed to have been given as of the date of the U.S.P.S. postmark. 2.17 SEVERABILITY: A. If any of the provisions of this Contract are determined by a court of competent jurisdiction to be invalid, such provisions shall be deemed to be stricken, and such adjudication shall not affect the validity of the remainder of the terms of this Contract as a whole or of any section, subsection, sentence or clause not adjudged to be invalid so long as the material purposes of this Contract can be determined and effectuated. 2.18 GOVERNING LAW AND VENUE: A. This Contract shall be governed by the laws of the State of Minnesota. B. Venue for any action taken by either the City or the Contractor, whether in law or in equity, to enforce the terms of this Contract shall be in the District Court of the Judicial District, Scott County, Minnesota, and the Contractor hereby waives whatever rights it may have in the selection of venue. 2.19 RIGHT TO REQUIRE PERFORMANCE: A. The City's failure at any time to require performance by the Contractor of any of the specifications in this Contract shall in no way affect the right of the City thereafter to enforce it. B. No waiver by the City of any breach of specifications in this Contract shall betaken or held Page 11 of 33 Page 174 of 352 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2018 through March 31, 2019 to be a waiver of any succeeding breach of such specifications in this Contract, nor shall such a waiver of a single breach be taken or held to be a waiver of any specification itself. 2.20 OPTION TO CHANGE SERVICE; AMENDMENTS: A. The City shall have the option to change the service provided during the term of this Contract, including, without limitation, changing the types of cleaning materials and equipment used, times and/or days of service, and number and/or location of city facilities. B. The City shall exercise such option by serving written notice to the Contractor at its designated place of business at least ten (10) days before the date such service change is contemplated to begin. C. Immediately after written notice is served, the parties shall enter into good faith negotiations concerning the terms, frequency, and the details of pricing the services that are provided. D. Any modification or amendments to this Agreement shall be in writing and shall be signed by the parties. III. SPECIAL CONDITIONS 3.1 CUSTOMER SERVICE A. The Contractor shall establish and maintain a local phone number to which City personnel may call or send inquiries and complaints, and from which City personnel may receive information and instructions. B. The Contractor shall provide the Administrator with information concerning the location, telephone number(s) and mailing addresses of the customer service office established above, and any other facility that will be used in the provision of services under this Contract. C. The Contractor shall provide the Administrator with information concerning the Contractor's designated person(s) for the purposes of obtaining instructions, answering inquiries, and resolving complaints. Such persons shall be available to discuss, and if necessary meet with City personnel to resolve problems. D. The Contractor shall provide the City with at least one telephone number and email address, which may be used by City personnel to communicate with the Contractor after Page 12 of 33 Page 175 of 352 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2018 through March 31, 2019 regular business hours or during an emergency. E. The Contractor shall equip such office with a sufficient number of telephones and personnel to accommodate inquiries. F. Except as otherwise directed by the City, contractor customer service shall be available at least between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday, except during holidays. G. In addition, the Contractor will communicate by email with City staff on a quarterly basis in order to discuss the performance of duties carried out by the contractor according to the cleaning services specifications. 3.2 EMPLOYEES AND CONDUCT: A. The Contractor shall use care and diligence in the performance of this Agreement and shall perform all janitorial services required by this Agreement in a neat, orderly, and efficient manner. B. The Contractor shall provide neat, orderly, and courteous personnel for its services and shall provide courteous and knowledgeable personnel for its customer service office. C. The Contractor shall prohibit its employees from drinking alcoholic beverages or using any controlled substance, except pursuant to a doctor's prescription, while on duty, or in the course of performing their duties under this Agreement. D. If the City determines that any of the Contractor's employees is unfit or unsuitable to perform the services under this Agreement as a result of intoxication, drug use, or by virtue of abusive or obnoxious behavior, then, upon the City's written request, the Contractor shall remove such employee from work within the City and furnish a suitable and competent replacement employee. E. All of the Contractor's employees working within the City shall be required to wear a shirt with their company name and an "Authorized City Contractor" identification badge with a picture that clearly indicates that the Contractor employs the employee.The Contractor will provide the shirt and the identification badge will be provided by the City. F. All of the Contractor's vehicle operators working within the City shall carry valid state driver's licenses for the class of vehicle operated. Such vehicle operators shall obey all traffic regulations, including weight and speed limits. Page 13 of 33 Page 176 of 352 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2018 through March 31, 2019 3.3 EQUIPMENT A. All equipment used in the performance of this Contract, shall be wholly owned by the Contractor; provided, leasing or rental agreements or conditional sales contracts may be allowed where approved by the City, in writing, prior to execution of this Contract. The equipment to be used in performance of this Contract is made part of this Contract by reference. B. No further encumbrance shall be placed upon any of such equipment without the approval of the City, save that the Contractor may, without consent, mortgage or otherwise encumber said equipment and facilities for the purpose of enabling the Contractor to replace the same or add thereof. Page 14 of 33 Page 177 of 352 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2018 through March 31, 2019 ATTACHMENT A SPECIAL PROVISIONS GENERAL INFORMATION: General Description of Work: Contractor shall provide all labor, supervision, insurance, equipment and cleaning materials necessary to provide general cleaning for seasonal parks: 1. Hiawatha, 2. Holmes, 3. Huber, 4. Scenic Heights, 5. Tahpah 6. Joe Schleper Stadium (at Tahpah), 7. Memorial, 8. Lions, 9. Westminster, 10. Green Meadows, 11. Riverside Fields, 12. 17th Avenue Sports Complex, 13. Southbridge Community. Supplies:The City shall supply the following materials: All paper towels for dispensers in public and employee restrooms; all "roll-type" paper towels; plastic bags for wastebaskets; all soap for dispensers in public and employee restrooms, fresheners, and toilet paper. The contractor will supply all OSHA/EPA approved cleaning solutions, cleaning soaps, detergents, waxes, polishes, brooms, mops, rags, sponges, squeegees, buckets, mechanical polishers, buffers, vacuum cleaners, and any other item, tool or equipment needed to clean and/or sanitize the building. The awarded contractor must maintain up-to-date SDS (Safety Data Sheets) for all supplies used in each city facility. Keys: To be returned to the Park Supervisor upon contract expiration. Final invoice will be paid upon the return of the keys. Page 15 of 33 Page 178 of 352 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2018 through March 31, 2019 ATTACHMENT B HOURS OF OPERATION Cleaning Schedule: Cleaning is to be done one (1) to seven (7) days per week, depending on the city facility. Cleaning shall be done on weekdays (Mon-Fri) before 10:00 am or after 9:00 pm and on weekends (Sat-Sun) before 7:00 am and after 7:00 pm. City staff and contractor shall discuss, determine, and record the cleaning schedule and hours of operation to ensure a good working schedule for both parties. EMEp44y `` : T Days per week Begin: April 1- 15* End: October 15— November 1* Cleaning Days: Monday, Tuesday, Wednesday, Thursday, Friday, Saturday, Sunday 1) 2) �) 3) 4) 5) 6) 7) Westminster Park 8) Green Meadows Park 9) Riverside Fields Park 10) Southbridge Community Park "ff =: 2 Days/week Begin: May 15* End: October 15* 2 Days per Week Cleaning Day: Mondays, Fridays Begin: December 20* 1 �,r%�� End: February 20* Cleaning Days: Mondays, Fridays 3 mm a lu i�i um iMNn luno i'.���a um i unl dllm 1) Westminster Park 2) Green Meadows Park 3) Riverside Fields Park 4) 1 lugM 5) Southbridge Community Park * Dates TBD(weather dependent-City to contact Contractor with exact dates). **Cleaning discontinued (Lions Park Warming House torn down. Lions restroom April-October to continue). Page 16 of 33 Page 179 of 352 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2018 through March 31, 2019 ATTACHMENT C PRICES Spring-Summer-Fall use normally starts in April and ends in mid-October. Winter use typically starts mid-December and ends mid-February. Building Services & Prices SPRING-SUMMER-FALL Use:April —October Building Location Days/week Price/Month Tahpah Park 1490 Adams St. S 7: SMTWThFS $ 439.88 Schleper Stadium (Tahpah) 1490 Adams St. S 7: SMTWThFS $ 439.88 Lions Park 1103 Adams St. S. 7: SMTWThFS $ 374.95 Huber Park 150 Fillmore St. N 7: SMTWThFS $ 374.95 Memorial Park 1791 Co Rd. 101 E 7: SMTWThFS $ 374.95 17th Ave Sports Complex 260017 1h Ave. E 7: SMTWThFS $ 342.49 Westminster Park 801 Valley View Rd. 7: SMTWThFS $ 342.49 $4,125.83 Green Meadows Park 3100 Thrush St. 7: SMTWThFS $ 342.49 Riverside Fields Park 7800 Crossings Blvd. 7: SMTWThFS $ 342.49 Southbridge Community Park 7101 Southbridge Pkwy. 7: SMTWThFS $ 342.49 Hiawatha Park 6257 1h Ave. E 2: MF $ 136.25 Holmes Park 6284 1h Ave. W 2: MF $ 136.25 Scenic Heights Park 1195 Ruby Lane 2: MF $ 136.25 WINTER Use: December— February (Heated Buildings) Building Location Days/week Price/Month Hiawatha Park 6257 th Ave. E 2: MF $ 184.95 Holmes Park 6284 1h Ave. W 2: MF $ 155.73 closedi^ Westminster Park 801 Valley View Rd. 2: MF $ 155.73 $1,041.41 Green Meadows Park 3100 Thrush St. 2: MF $ 136.25 Riverside Fields Park 7800 Crossings Blvd. 2: MF $ 136.25 Southbridge Community Park 7101 Southbridge Pkwy. 2: MF $ 136.25 Scenic Heights Park 1195 Ruby Ln. 2: MF $ 136.25 Options: >Window Cleaning Exterior/Interior $ 4.99/sq.ft. > Extra Cleaning/Projects/Events $ 19.00/hour >Open/close "big" deep clean, including windows, walls, etc.: $ 85.00/location o (1) Tahpah Park, (2)Schleper Stadium (Tahpah), (3) Huber Park, (4)17th Ave Sports Complex, (S) Westminster, (6)Green Meadows, (7) Riverside Fields, (8)Southbridge Community Park Page 17 of 33 Page 180 of 352 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2018 through March 31, 2019 ATTACHMENT D SPECIFICATIONS Daily Log/Periodic Evaluations:The cleaning contractor will be required to complete a daily log of cleaning services. A cleaning log will be kept in each restroom facility. After the contract is awarded, the Park Maintenance Supervisor and the contractor will determine the logical placement of a daily logbook for each city facility. Damages: Vandalism, damage, safety concerns shall be reported to the City. Emergencies between the hours of 6:30am to 2:30pm Monday through Friday shall be reported immediately by phone to 952-233-9550 or 612-369-1066. Emergencies before 6:30am and after 2:30pm shall be reported to Scott County Dispatch at 952-445-1411. Examples of emergencies include situations that require immediate attention: no heat in the winter, water leaking, overflowing fixtures (toilets and sinks), extreme vandalism, fires, and any unsafe conditions. Non-emergency damages or vandalism shall be reported within 24-hours by email to publicworks@shakopeemn.gov. Examples of non-emergencies include situations that do not require immediate attention: graffiti, missing garbage can, plugged/stopped toilet, etc. If building is occupied and occupants refuse to exit after you announce you are there for cleaning, please call Scott County Dispatch at 952-445-1411 and request an officer remove the occupants.You may choose to move on to clean the next building on your route. The building must be cleaned during the same shift. Minimum Requirements:The following descriptions of cleaning services for the City of Shakopee are minimum requirements only. Page 18 of 33 Page 181 of 352 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2018 through March 31, 2019 Tahpah Park— 1490 Adams St S Restrooms: 2 Seasonal: Summer-Use: April —October Daily Additional cleaning days may be requested or deleted based on the use of facility. 1) Clean, sanitize and polish all fixtures including toilet bowls, urinals and adjacent tile, hand basins, switch plates, and door handles. 2) Clean all mirrors. 3) Empty waste receptacles and remove all trash to the garbage containers and insert liners as required. 4) Sweep and damp mop resilient and hard floors with disinfectant. 5) Spot clean walls and partitions. 6) Empty and clean the interior of sanitary containers. 7) Refill all dispensers to normal limits - including napkins, soap, tissue (to be furnished by the City) weekly or as needed. 8) Check air fresheners and replace when needed. 9) Lock all doors. i 'Zy� f" 1 1( Page 19 of 33 Page 182 of 352 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2018 through March 31, 2019 Schleper Stadium (Tahpah Park)—1490 Adams St S Restrooms: 2 Seasonal: Summer-Use: April —October Daily Additional cleaning days may be requested or deleted based on the use of facility. 1) Clean, sanitize and polish all fixtures including toilet bowls, urinals and adjacent tile, hand basins, switch plates, and door handles. 2) Clean all mirrors. 3) Empty waste receptacles and remove all trash to the garbage containers and insert liners as required. 4) Sweep and damp mop resilient and hard floors with disinfectant. 5) Spot clean walls and partitions. 6) Empty and clean the interior of sanitary containers. 7) Refill all dispensers to normal limits - including napkins, soap, tissue (to be furnished by the City) weekly or as needed. 8) Check air fresheners and replace when needed. 9) Lock all doors. I Page 20 of 33 Page 183 of 352 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2018 through March 31, 2019 Lions Park— 1103 Adams St S Restrooms: 2 Seasonal: Summer-Use: April —October Daily Additional cleaning days may be requested or deleted based on the use of facility. 1) Clean, sanitize and polish all fixtures including toilet bowls, urinals and adjacent tile, hand basins, switch plates, and door handles. 2) Clean all mirrors. 3) Empty waste receptacles and remove all trash to the garbage containers and insert liners as required. 4) Sweep and damp mop resilient and hard floors with disinfectant. 5) Spot clean walls and partitions. 6) Empty and clean the interior of sanitary containers. 7) Refill all dispensers to normal limits - including napkins, soap, tissue (to be furnished by the City) weekly or as needed. 8) Check air fresheners and replace when needed. 9) Lock all doors. i a, r Page 21 of 33 Page 184 of 352 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2018 through March 31, 2019 Lions Park Warming House— 1099 Adams St S— DISCONTINUED (BUILDING REMOVED) Restrooms: 1 Indoor Common Area: 1 Seasonal: Winter-Use: Dece bruary Mondays, Fridays Additional cleaning delete ty. 1) Clean, saniti djacent tile, hand basins, s 2) Clean all mirrors. 3) Empty waste recept ntainers and insert liners as required. 4) Sweep and damp mop re ctant. 5) Spot clean walls and p 6) Empty and clean th 7) Refill all dispens (to be furnished by the City) weel 8) Check air fr 9) Pick up tra 10) Sweep a n d m nninnnnnnnnnnnnnnniinnnnnnnnnnnnnnniinnnnnnnnnnnnnnnii«< 11) Lock all doors. ,., U IIIIIIIIIIIIIIIIIIIIIIII �� MINIM u Vgg qui Ei�""� V VVV °�V'IYwu�'�IIII ��I,�7w �,,r "1�1}'lw,i�+E � �,�uuluuuuuuuuu ,, i � II im i uuuum umip,ip, lk ry Page 22 of 33 Page 185 of 352 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2018 through March 31, 2019 Huber Park- 150 Fillmore St N Restrooms: 2 Seasonal: Summer-Use: April —October Daily Additional cleaning days may be requested or deleted based on the use of facility. 1) Clean, sanitize and polish all fixtures including toilet bowls, urinals and adjacent tile, hand basins, switch plates, and door handles. 2) Clean all mirrors. 3) Empty waste receptacles and remove all trash to the garbage containers and insert liners as required. 4) Sweep and damp mop resilient and hard floors with disinfectant. 5) Spot clean walls and partitions. 6) Empty and clean the interior of sanitary containers. 7) Refill all dispensers to normal limits - including napkins, soap, tissue (to be furnished by the City) weekly or as needed. 8) Check air fresheners and replace when needed. 9) Lock all doors. aar��avrt MAN" Page 23 of 33 Page 186 of 352 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2018 through March 31, 2019 Memorial Park— 1791 Co Rd. 101 E Restrooms: 2 Seasonal: Summer-Use: April —October Daily Additional cleaning days may be requested or deleted based on the use of facility. 1) Clean, sanitize and polish all fixtures including toilet bowls, urinals and adjacent tile, hand basins, switch plates, and door handles. 2) Clean all mirrors. 3) Empty waste receptacles and remove all trash to the garbage containers and insert liners as required. 4) Sweep and damp mop resilient and hard floors with disinfectant. 5) Spot clean walls and partitions. 6) Empty and clean the interior of sanitary containers. 7) Refill all dispensers to normal limits - including napkins, soap, tissue (to be furnished by the City) weekly or as needed. 8) Replace air freshener's blocks when needed. 9) Lock all doors. Page 24 of 33 Page 187 of 352 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2018 through March 31, 2019 17th Avenue Sports Complex—2600 17th Ave East Restrooms: 2 Seasonal: Summer-Use: April —October Daily Additional cleaning days may be requested or deleted based on the use of facility. 1) Clean, sanitize and polish all fixtures including toilet bowls, urinals and adjacent tile, hand basins, switch plates, and door handles. 2) Clean all mirrors. 3) Clean glass windows of meeting room twice a month. 4) Empty waste receptacles and remove all trash to the garbage containers and insert liners as required. 5) Sweep and damp mop resilient and hard floors with disinfectant. 6) Spot clean walls and partitions. 7) Empty and clean the interior of sanitary containers. 8) Refill all dispensers to normal limits - including napkins, soap, tissue (to be furnished by the City) weekly or as needed. 9) Check air fresheners and replace when needed. 10) Lock all doors. �r �i Page 25 of 33 Page 188 of 352 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2018 through March 31, 2019 Westminster Park—801 Valley View Rd. Restrooms: 2 Indoor Common Areas: 1 Seasonal: Summer-Use: April —October Daily Seasonal: Winter-Use: December— February Monday, Friday Additional cleaning days may be requested or deleted based on the use of facility. 1) Clean, sanitize and polish all fixtures including toilet bowls, urinals and adjacent tile, hand basins, switch plates, and door handles. 2) Clean all mirrors. 3) Empty waste receptacles and remove all trash to the garbage containers and insert liners as required. 4) Sweep and damp mop resilient and hard floors with disinfectant. 5) Spot clean walls and partitions. 6) Empty and clean the interior of sanitary containers. 7) Refill all dispensers to normal limits - including napkins, soap, tissue (to be furnished by the City) weekly or as needed. 8) Check air fresheners and replace when needed. 9) Pick up trash (common area). 10) Sweep and mop (common area). 11) Lock all doors. �i Page 26 of 33 Page 189 of 352 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2018 through March 31, 2019 Green Meadows Park—3100 Thrush Street Restrooms: 2 Indoor Common Areas: 1 Seasonal: Summer-Use: April —October Daily Seasonal: Winter-Use: December— February Monday, Friday Additional cleaning days may be requested or deleted based on the use of facility. 1) Clean, sanitize and polish all fixtures including toilet bowls, urinals and adjacent tile, hand basins, switch plates, and door handles. 2) Clean all mirrors. 3) Empty waste receptacles and remove all trash to the garbage containers and insert liners as required. 4) Sweep and damp mop resilient and hard floors with disinfectant. 5) Spot clean walls and partitions. 6) Empty and clean the interior of sanitary containers. 7) Refill all dispensers to normal limits - including napkins, soap, tissue (to be furnished by the City) weekly or as needed. 8) Check air fresheners and replace when needed. 9) Pick up trash (common area). 10) Sweep and mop (common area). 11) Lock all doors. Page 27 of 33 Page 190 of 352 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2018 through March 31, 2019 Riverside Fields Park—7800 Crossings Blvd. Restrooms: 2 Indoor Common Areas: 1 Seasonal: Summer-Use: April —October Daily Seasonal: Winter-Use: December— February Monday, Friday Additional cleaning days may be requested or deleted based on the use of facility. 1) Clean, sanitize and polish all fixtures including toilet bowls, urinals and adjacent tile, hand basins, switch plates, and door handles. 2) Clean all mirrors. 3) Empty waste receptacles and remove all trash to the garbage containers and insert liners as required. 4) Sweep and damp mop resilient and hard floors with disinfectant. 5) Spot clean walls and partitions. 6) Empty and clean the interior of sanitary containers. 7) Refill all dispensers to normal limits - including napkins, soap, tissue (to be furnished by the City) weekly or as needed. 8) Check air fresheners and replace when needed. 9) Pick up trash (common area). 10) Sweep and mop (common area). 11) Lock all doors. u �7 �✓I�s�ufi;f�'✓�i�"�ir� Page 28 of 33 Page 191 of 352 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2018 through March 31, 2019 Hiawatha Park—625 7th Avenue East Restrooms: 2 Indoor Common Area: 1 Seasonal: Summer-Use: April —October Mondays, Fridays Additional cleaning days may be requested or deleted based on the use of facility. 1) Clean, sanitize and polish all fixtures including toilet bowls, urinals and adjacent tile, hand basins, switch plates, and door handles. 2) Clean all mirrors. 3) Empty waste receptacles and remove all trash to the garbage containers and insert liners as required. 4) Sweep and damp mop resilient and hard floors with disinfectant. 5) Spot clean walls and partitions. 6) Empty and clean the interior of sanitary containers. 7) Refill all dispensers to normal limits - including napkins, soap, tissue (to be furnished by the City) weekly or as needed. 8) Check air fresheners and replace when needed. 9) Pick up trash (common area). 10) Sweep and mop (common area). 11) Lock all doors. X v ' r �J f iG yUD�1i"�J�`' Page 29 of 33 Page 192 of 352 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2018 through March 31, 2019 Holmes Park—628 4th Avenue West Restrooms: 2 Indoor Common Area: 1 Seasonal: Summer-Use: April —October Mondays, Fridays Additional cleaning days may be requested or deleted based on the use of facility. 1) Clean, sanitize and polish all fixtures including toilet bowls, urinals and adjacent tile, hand basins, switch plates, and door handles. 2) Clean all mirrors. 3) Empty waste receptacles and remove all trash to the garbage containers and insert liners as required. 4) Sweep and damp mop resilient and hard floors with disinfectant. 5) Spot clean walls and partitions. 6) Empty and clean the interior of sanitary containers. 7) Refill all dispensers to normal limits—including napkins, soap, tissue (to be furnished by the City) weekly or as needed. 8) Check air fresheners and replace when needed. 9) Pick up trash (common area). 10) Sweep and mop (common area). 11) Lock all doors. �m 1 f r 1 I r t Page 30 of 33 Page 193 of 352 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2018 through March 31, 2019 Scenic Heights Park— 1195 Ruby Lane Restrooms: 2 Indoor Common Areas: 1 Seasonal: Summer-Use: April —October Mondays, Fridays Seasonal: Winter-Use: December— February Monday, Friday Additional cleaning days may be requested or deleted based on the use of facility. 1) Clean, sanitize and polish all fixtures including toilet bowls, urinals and adjacent tile, hand basins, switch plates, and door handles. 2) Clean all mirrors. 3) Empty waste receptacles and remove all trash to the garbage containers and insert liners as required. 4) Sweep and damp mop resilient and hard floors with disinfectant. 5) Spot clean walls and partitions. 6) Empty and clean the interior of sanitary containers. 7) Refill all dispensers to normal limits - including napkins, soap, tissue (to be furnished by the City) weekly or as needed. 8) Check air fresheners and replace when needed. 9) Pick up trash (common area). 10) Sweep and mop (common area). 11) Lock all doors. �A P � I F' I y, rW Page 31 of 33 Page 194 of 352 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2018 through March 31, 2019 Southbridge Community Park—7101 Southbridge Parkway Restrooms: 2 Indoor Common Areas: 1 Seasonal: Summer-Use: April —October Daily Seasonal: Winter-Use: December— February Monday, Friday Additional cleaning days may be requested or deleted based on the use of facility. 1) Clean, sanitize and polish all fixtures including toilet bowls, urinals and adjacent tile, hand basins, switch plates, and door handles. 2) Clean all mirrors. 3) Empty waste receptacles and remove all trash to the garbage containers and insert liners as required. 4) Sweep and damp mop resilient and hard floors with disinfectant. 5) Spot clean walls and partitions. 6) Empty and clean the interior of sanitary containers. 7) Refill all dispensers to normal limits - including napkins, soap, tissue (to be furnished by the City) weekly or as needed. 8) Check air fresheners and replace when needed. 9) Pick up trash (common area). 10) Sweep and mop (common area). 11) Lock all doors. a � d r Page 32 of 33 Page 195 of 352 City of Shakopee Contract for Cleaning Services- Park Buildings April 1, 2018 through March 31, 2019 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. Approved by City Council 2018. CITY OF SHAKOPEE Treasure Enterprises, Inc. By: By: Bill Mars, Mayor Fidelis Odeh, President Date: Date: 2--C By: Bill Reynolds, City Administrator Date: Page 33 of 33 Page 196 of 352 *4.D.3. pb"IA ' AKCFT. 7, Shakopee City Council April 3, 2018 FROM: Michael Hullander TO: Mayor and Council Members Subject: 2018 Sanitary Sewer Televising. Policy/Action Requested: Accept the low quote and authorize execution of a contract with American Environmental LLC for the 2018 sanitary sewer televising project. Recommendation: Award project and authorize execution of the agreement. Discussion: In 2005 City Council approved a formal policy for the inspection and maintenance of the sanitary sewer system. The policy prescribes that the television inspection of sanitary sewer mains occurs every ten (10) years. In accordance with this policy, the 130,603-ft of sewer has been identified to be televised (see attached map) Three quotes were received as follows: • American Environmental LLS $47,016.72 • Pipe Services $47,017.08 • Vortech Hydro Vac & Televising $54,853,26 American Environmental LLS submitted the lowest, have the experience and capacity to responsibly complete the prescribed work, and are recommended accordingly. Budget Impact: The scope of work is estimated to cost $47,016.72. This work is budgeted in the 2018 Sanitary Sewer Fund budget. ATTACHMENTS: Page 197 of 352 D Map - 2018 Televising Plan D Quote- American Environmental Page 198 of 352 a 3snOHON(\O'a I'd is ?3NMtlHs W ��b�H�S2ib�W 4e w Q ........ o� y Q�°� W n O a. a O Y z ",\IIN CIR = w CO N n OD Q �7t13Lij �NndN Q 3RlItl21d u is x c� w 3(Lroad Q lS is Vic U. y .oyda o_ CD 1S is ViOS31 1.0sNNIW is is 13M l avlm is AiNnOO NIdEINNEH Nlvw is is is 3ac� T11� 1S 21301 1S 311IM31A Ul W 7Q 1S SI U3a x 7 x W = Nc~c is S31A Q � m ` is MT U, Z oVo a `� Z ,,,`,,.r cfl O 00 1S 000 Oy,.,.�.,. 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Description of Work Televise approximately 130,602' of sanitary sewer. Bid rice: 36 per ft® American Environmental, LLC 952-479-7351 Phone 952-479-7353 Fax iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliillillillillilillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillilI March 20, 2018 Acceptance of Bid: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. DUE UPON COMPLETION. Notice of Lien Rights: Any person or company supplying labor or materials for this improvement to your property may file a lien against your property if that person or company has not been paid for the contributions. Under Minnesota law, you have the right to pay persons who supplied labor or materials for this improvement directly and deduct this amount from our contract price, or withhold the amounts due them from us until 120 days after completion of the improvement unless we give you a lien waiver signed by persons who supplied any labor or materials for the improvement and who gave you timely notice. Signer/Owner: . Date: American Environmental, LLC 952-479-7351 Phone 952-479-7353 Fax *4.D.4. pbllakA ' AKCFT. 7, Shakopee City Council April 3, 2018 FROM: Michael Hullander TO: Mayor and Council Members Subject: Recycling Grant for Spring Clean Up Day Policy/Action Requested: Approve sub-grant program participation and funding. Recommendation: Approve sub-grant program participation and funding. Discussion: Scott County offers an annual sub-grant for recycling through the Minnesota Pollution Control Agency (MP CA) Environmental Assistance Local Recycling Development Grant (LRDG). Cities and townships who provide a clean up event for their residents are eligible to participate. The amount of funding is based on demonstrated need and population. Shakopee has participated in this program for at least 24 years. Upon approving the sub-grant participation and funding, two copies of a "Recycling Program Agreement" will follow, each requiring execution. Last year's agreement is attached for reference. Budget Impact: Funding in the amount of$10,132.04 is available to Shakopee to assist with its April 28, 2018 Clean Up Day event expenses. This amount includes $660.59 for Louisville and Jackson Township residents participation in the event, as well as an additional $500.00 for paper shredding. ATTACHMENTS: D 2018 Invitation -- Recycling Grant Page 202 of 352 0 2017 Agreement -- Recycling Grant (for reference only) Page 203 of 352 SCOTT COUNTY Environmental Services GOVERNMENT CENTER 114 - 200 FOURTH AVENUE WEST . SHAKOPEE, MN 55379-1220 (952)496-8177 - Fax(952)496-8496-Web www.scottcountymn.gov March 5, 2018 Christine Lusian Administrative Assistant 400 Gorman St Shakopee, MN 55378 Dear Ms. Lusian: This letter is in response to your decision to participate in Scott County's sub-grant program for your City's Recyclable Material Collection Day(s). The amount of funding available to each City or Township is based on demonstrated need and population. The amount of funding available to the City of Shakopee this year is $8,971.45. Due to Jackson and Louisville Township's desire to join your City's event, their total funding amount of$660.59 will also be transferred to you. In addition, $500.00 will be added to your sub-grant since your city will be hosting a shredding event. Therefore, the total funding amount for your City's Recyclable Material Collection Day(s) will be $10,132.04. You will be receiving two (2) Recycling Program Agreements that require signatures and one agreement will be returned later for your records. The City is responsible to acknowledge the participating Township(s) in all advertisements and invite the Township residents to participate in the event. Please carefully read through the "Recycling Program Agreement," paying particular attention to Section Two (2), Scope of Services. Any municipal solid waste (MSW) and/or demolition/construction waste collected at your collection day event that requires landfilling will not be funded with this county sub-grant program. Before your check can be issued, please submit the required follow-up information within 90 days of your city's collection day event. This information will be provided by filling out and submitting the "AFTER THE COLLECTION DAY" form. Please note that for those cities combining their event with a township, a copy of the advertisement (and where it was published) must also be provided before your check can be issued. If you hav 'any questions or concerns please feel free to call me at (952) 496-8471 ince relyely, a eve t be t tr Environmental Services Page 204 of 352 SCOTT COUNTY Environmental Services .. ...,.. GOVERNMEN I'(,ENTER 114-200 FOURTH AVENUE WEST• SHAKOPEE,MN 55379-1220 "C44011 ., u ! (952)496-5177 Fax(952)496-8496- Web www.scottcountymri.gov January 29, 2018 Christine Lusian Administrative Assistant 400 Gorman St Shakopee, MN 55378 Dear Ms. Lusian: As you may already know, Scott County offers sub-grants through the Local Recycling Development Grant (LRDG) from the Minnesota Pollution Control Agency (MPGA). Whether or not you have indicated in the past that your city or township is interested in being part of this sub-grant, we feel it is important to at least inform you of this opportunity each year. If your city or township is interested in providing a clean-up event within your jurisdiction, please respond in writing or e-mail at ssteuer co.scott.mn.us no later than February 29, 2018. Only those cities and townships that respond by February 29, 2018 will be considered for this year's Spring Clean-up Day/s sub-grant funding program. The amount of funding available to each city or township will be based on the percent of population totals for only those cities and townships that respond by the deadline. As has been done in the past, you may elect to coordinate with other communities for this event. Townships that choose to work cooperatively with cities shall notify the city and this Department. Following notification, the townships' funds will be transferred to the city for the event. The city is required to acknowledge the township/s in all advertisements and accept the township's residents to participate in the event. Once our Department has been notified which cities and townships are interested in this sub-grant program, letters will be sent out that will include the exact amount your city or township can receive. Also you will be sent an agreement to sign and forms that are to be completed after the event. The County is currently updating our Solid Waste Management Master Plan. One of our future solid waste management strategies is to request cities to offer additional items for collection such as textiles, carpet, and mattresses at their one day clean-up event. Like last year, if during your one day clean-up event you wish to host a business that offers an on-site document shredding service for your residents the amount of your grant will be increased by $500.00 to offset the cost of this service. Also we are asking that you consider collecting textiles at your event. As an example, LISAgain is non- profit organization that provides this service. They will come to your event, collect textiles, take the materials back to their facility, and weigh them. Your City will be paid for every pound of clothing or shoes collected and this service is completely free. htt :// .usa ain.com. Carpet is another item than can be recycled but not that easily. There is a business called Brotex located in St. Paul that accepts carpet and pad for recycling and we are requesting that information about carpet recycling be added to your flyer. Their website is httg://carpet.brotex.com/ Page 205 of 352 And finally, we are requesting you put information in your flyer on where your residents can recycle mattresses and box springs. Information can be found at http: www.secondchancerecyclinqmn.com/ Beginning in 2019, the County will consider increasing funding for your city's events if additional items such as textiles, carpet, and mattresses are included as materials you will accept at your event. Please feel free to call me at (952) 496-8473 with any questions. S' derely, 'S eve Steuber Page 206 of 352 TRANSPORTATION SERVICES DIVISION . TY � �',C�Uf�TY�htIC�fIWAYS, MC�I31, MA, ..., .,. ..... _...._. . ._.. ,. ,__ . ........... .... NAGMENT, FLEET LI ...." 600 COUN RY TRAIL EAST - JORDAN, MN 55352-93:39 clo" (952) 496-8346 • Fax: (952) 496-8365 •w ww.scottcaunty ,n�., gv LISA J. FREESE ANTHONY J. WINIECKI, P.E. TROY BEAM Transportation Services Direc ter County E=ngineer Mobility Services/fleet Mgr. August 24, 2017. William 14 Reynolds City of Shakopee City Administrator 485 Gorman St Shakopeee, MN 55379 SUBJECT: Scott County Recycling Program Tear William, Enclosed is a copy of the agreement between Scott County and the City of Shakopee for One I7ay Clean Lip.. Please call lis ifyou need additional information. Sincerely, Miranda Chard. Program Specialist Scott County Transportation Services Page 207 of 352 COUNTY OF SCOTT RECYCLING PROGRAM AGREEMENT THIS AGREEMENT, by and between the County of Scoff, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County," and the City of Shakopee, Minnesota, a municipal corporation, hereinafter referred to as the "City", by and through its City Council. WHEREAS, the purpose of this Agreement is to establish a mechanism for distribution of funds obtained from the Minnesota Pollution Control Agency for a "clean-up day" to be held by the City in accordance with funding requirements for implementation and/or enhancement of recycling programs in cities and townships within Scott County, consistent with the County Solid Waste Master Plan; and WHEREAS, Minn. Stat. Sect. 473.8441, establishes the Local Recycling Development Program, providing grants to counties to be distributed by the Minnesota Pollution Control Agency; and WHEREAS, Minn. Stat. Sect. 115A.557, establishes the County Waste Reduction and Recycling Funding program and the framework for funds to be distributed by the Minnesota Pollution Control Agency; and WHEREAS, Scott County has received funding from the Minnesota Pollution Control Agency, identified as Local Recycling Development Grant; and WHEREAS, these funds are to be used for the activities specified in the Minnesota Pollution Control Agency Grant Agreement-, and WHEREAS, the City intends to administer a city-wide recycling day which would qualify for receiving funds. NOW THEREFORE, in consideration of the mutual undertakings and agreement contained within this Agreement, the County and the City hereby agrees as follows: 1. Compensation and Terms of Payment A. Compensation The County shall pay to the City a percentage of the grant money available through the County for its one-day city wide clean up on April 29, 2017. The amount of funds available for each Scott County municipality and township is based upon population and a formulation used by the County to determine shares due to municipalities under the program. This funding is to be used for the development and/or enhancement of recycling programs. The maximum amount of grant payment available to the City under this Agreement is ten thousand seven hundred-one dollars and twelve cents ($10,701.12). Page 208 of 352 B. Terms of Payment 1 The County shall pay the City in one lump sum when the City has met the requirements as specified in section three (3) of this Agreement. 2. In the event that another jurisdiction is participating with the City's event, that jurisdiction shall provide County with a copy of a resolution approving such action. Upon the receipt of such a resolution and appropriate completion documentation, County shall include the participating jurisdiction's designated amount of program funding in City's payment. If any portion of the funding is to go to the participating jurisdiction, it shall be the City's responsibility to ensure such payment is made 2. Condition of Payment All services provided by the City pursuant to this Agreement shall be performed to the satisfaction of the County, and in accordance with all applicable federal, state and local laws, ordinances, rules and regulations. Payment shall be withheld for work that is found by the County to be unsatisfactory, or performed in violation of federal, state and local laws, ordinances, rules or regulations. 3. Scope of Services A. The City shall organize and facilitate a one-day clean up wherein it shall collect materials from residents. B. The City is further is obligated and agrees to the following: 1. All recyclables shall be delivered to a licensed recycling facility. 2. Organic materials (yard and tree waste) shall be delivered to a licensed/permitted yard waste compost facility or a permitted land application site. 3. A written report shall be submitted to the County within sixty (60) days of the event, identifying the quantities of materials recycled, the facility to which they were delivered and processed, including actual expenditures and revenues. 4. Only expenditures used for the collection of recyclable material, which results in waste reduction, are eligible for reimbursement from the County's Local Recycling Development Grant. Any solid waste land filled is not included as reimbursable expenditures. 5. The City shall advertise any neighboring jurisdiction's participation and allow its residents to participate in the collection. In the event that a neighboring jurisdiction participates with the City's event, the City shall provide the Authorized Agent of Scott County a copy of any and all such advertisements. Page 209 of 352 4. Effective Date of Agreement This Agreement shall be effective upon execution by all parties to the Agreement. 5. Term of Agreement This Agreement shall remain in effect until December 31, 2017 or until all obligations set forth in this Agreement have been satisfactorily fulfilled or unless earlier terminated as provided in section 13 of this Agreement. 6. Authorized Agents Scott County shall appoint an authorized agent for the purpose of administration of this Agreement. The City is notified of the authorized agent of Scott County as follows: Casy Weise Scott County Program Specialist 600 Country Trail E. Shakopee, MN 55352 (952) 496-8043 cweise@co.scoft.mn.us The County is notified the authorized agent for the City is as follows: William H. Reynolds City Administrator 129 Holmes Street Shakopee, MN 55379 (952) 233-9311 breynolds@shakopeemn.gov 7. County and State Audit Pursuant to Minn. Stat. Section 160.05, Subd. 5, the books, records, documents, and accounting procedures and practices of the City relative to this Agreement shall be subject to examination by the County and the State Auditor, Complete and accurate records of the work performed pursuant to this Agreement shall be kept by the City for a minimum of six (6) years following termination of this Agreement for such auditing purposes. The retention period shall be automatically extended during the course of any administrative or judicial action involving the County of Scott regarding matters to which the records are relevant. The retention period shall be automatically extended until the administrative or judicial action is finally completed or until the authorized agent of the County notifies the City in writing that the records need no longer be kept. 8. Indemnity All parties to this Agreement recognize each other as a political subdivision of the State of Minnesota, Each party mutually agrees to indemnify, defend and hold harmless the other from any claims, losses, costs, expenses or damages resulting from the acts or Page 210 of 352 omissions of the respective officers, agents, or employees relating to activities conducted by either party under this Agreement. Each party's obligation to indemnify the other for all claims arising from a single occurrence under this clause shall be limited in accordance with the statutory tort liability limitation as set forth in Minn. Stat. Sec. 466.04. 9. Insurance Each Party shall maintain public liability coverage protecting itself, its Board, officers, agents, employees and duly authorized volunteers against any usual and customary public liability claims in amounts which shall, at a minimum, comply with Minn. Stat. Sec. 466.04 and Workers' Compensation and shall be in accordance with the Minnesota statutory requirements. Said policies shall be kept in effect during the entire term of this Agreement. 10. Subcontracts The City shall not subcontract any portion of the work to be performed under this Agreement nor assign this Agreement without the prior written approval of the authorized agent of the County. The City shall ensure and require that any subcontractor agrees to and complies with all of the terms of this Agreement. Any subcontractor of the City used to perform any portion of this Agreement shall report to and bill the City directly. The City shall be solely responsible for the breach, performance or nonperformance of any subcontractor. 11. Force Majeure The County and the City agree that the City shall not be liable for any delay or inability to perform this Agreement, directly or indirectly caused by or resulting from strikes, labor troubles, accidents, fire, flood, breakdowns, war, riot, civil commotion, lack of material, delays of transportation, acts of God or other cause beyond reasonable control of the City and the County. 12. Data Practices The City, its agents, employees and any subcontractors, in providing all services hereunder, agree to abide by the provisions of the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as amended, and Minn. Rules promulgated pursuant to Ch. 13. The City agrees to indemnify and hold the County, its officers, department heads and employees harmless from any claims resulting from the City's unlawful disclosure, failure to disclose, or use of data protected under state and federal laws. 13. Termination This Agreement may be terminated under the following circumstances: A. By mutual written agreement of the parties; Page 211 of 352 B. By either party, with or without cause, giving not less than thirty (30) days written notice, delivered by mail or in person to the other party, specifying the date of termination. 14. Access to Premises The City shall arrange access, as necessary, to work sites for the County for the purpose of verification of any requirements as described in this Agreement. 15. Independent Contractor It is agreed that nothing contained in this Agreement is intended or should be construed as creating the relationship of a partnership, a joint venture, or an association with the County and the City. The City is an independent contractor and neither the City, the City's employees, agents, subcontractors nor representatives shall be considered employees, agents or representatives of the County. Except as otherwise provided herein, the City shall maintain, in all respects, its present control over the means and personnel by which this Agreement is performed. 16. Notices Any notices to be given under this Agreement shall be given by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, addressed to the City at its address stated herein, and to the authorized agent of the County at the address stated herein. 17. Controlling Law The laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the herein parties and performance under it. The appropriate venue and jurisdiction for any litigation hereunder will be those courts located with the County of Scott, State of Minnesota. Litigation, however, in the federal courts involving the herein parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. 18. Successors and Assigns The County and the City, respectively, bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of this Agreement. Neither the County nor the City shall assign, sublet, or transfer any interest in this Agreement without the prior written consent of the other. Page 212 of 352 19. Equal Employment and Americans with Disabilities In connection with the work under this Agreement, the City agrees to comply with the applicable provisions of state and federal equal employment opportunity and nondiscrimination statutes and regulations. In addition, upon entering into this Agreement, the City certifies that it has been made fully aware of Scott County's Equal Employment Opportunity and Americans with Disabilities Act Policy, attached hereto and incorporated herein as Exhibit A through both oral and written communications, that it supports this policy and that it will conduct its own employment practices in accordance therewith. Failure on the part of the City to conduct its own employment practices in accordance with County Policy may result in the withholding of all or part of regular payments by the County due under this Agreement unless or until the City complies with the County policy, and/or suspension or termination of this Agreement. 20. Changes The parties agree that no change or modification to this Agreement, or any attachments hereto, shall have any force or effect unless the change is reduced to writing, dated, and made part of this Agreement. The execution of the change shall be authorized and signed in the same manner as for this Agreement. 21. Severability In the event any provision of this Agreement shall be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties unless such invalidity or non-enforceability would cause the Agreement to fail its purpose. One or more waivers by either party of any provision, term, condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. 22. Entire Agreement It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous Agreements presently in effect between the County and the City relating to the subject matter hereof. Page 213 of 352 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. CITY OF SHAKOPEE (SEAL) Z=71; By And BillTars ayor William H. Rey 6o0s, City Administrator /M Date MK7-1 Date 7wo Aua�",j COUNTY OF SCOTT ATTEST: By I Nelson, Environmental Services Manager Date APPROVED AS TO FORM: B ip,a'K66 Andersen, Assistant County Attorney Date Z-1 Page 214 of 352 EXHIBIT A POLICY STATEMENT It is the PONCY Of Scott County Government to provide Equal Opportunity to all employees and applicants for employment in accordance with all applicable Equal Employment Opportunfly laws,directives, and regulations of Federal, State, and local governing bodies or,agencies thereof, including Minnesota Statutes,Chapter 363A, Scott Gounty will not engage in any employment practices which discriminate against of harass any employee or applicant for employiTwnt because of race,color, creed, religion, national origin, sex,disability,age,martial status, sexual orientation,or status with regard to public assistance, Such employment practices include, but are not knited to, tile following: hiring, upgrading„ g, selection, layoff, demotion,transfer, recruitment or recruitment adverlisin disciplinary action,termination, rates of pay or other fornis of compensation, and Selection for training, including apprenticeship. Further, Scott County fully supports incorporation of nondiscrimination rules and regulations Into contracts and will commit The necessary time and resources to a0iieve the goals of Equal Employment Opportunity. Any employee of the County who does not comply with the Equal Employment Opportunity Policies and Procedures set forth in this Statenrent and Plan will he subject to disciplinary action. Any subcontractor of the County not complying with all applicable Equal Employnvnt Opportunity laws, directives, and regulations of Federal, State, and local governing bodies or agencies thereof, including Minnesota Statutes, Chapter 363A, will be subject to appropriate contractual sanctions, Scott County has designated the Employee Relations Director,as the manager of the Equal Opportunity Program These responsk)ilities will include monitoring all Equal Employment Opportunity activities and reporting the effectiveness of this program,, as required by Federal, State, and local agencies. The Scott County Administratof will receive and review reports on, the progress of the prograrn. If any etriployee or applicant for,employment believes he or she has been discriminated against, please contact the Scott County Employee Relations Director, Scott County Employee Relations,Government Center Room 201, 200 Fourth Aventse West, Shakopee, Minnesota 55379-1220, or call(952)496-8103, Gary L Shiefton to Michael L. Beard Date Scott County Administrator Chair, Board of Corrimissioners 2 Page 215 of 352 *4.D.5. pb"IA ' AKCFT. 7, Shakopee City Council April 3, 2018 FROM: Michael Hullander TO: Mayor and Council Members Subject: Purchase Paint Striper Policy/Action Requested: Declare a 2002 Graco paint striper surplus and approve the purchase of its replacement. Recommendation: Approve the surplus declaration and replacement purchase. Discussion: Replacement is due for 2011 and 2002 Graco paint stripers used by the park maintenance division for athletic fields. The 2002 will be surplused and sold on auction; the 2011 will be retained as a backup and for street maintenance division use. The replacement striper, a Titan 6955 line striper with lazy driver and paint hopper from Sherwin Williams will cost $12,988.11. Budget Impact: The 2018 Capital Equipment Budget has an allocation of$20,000.00 for this purchase. ATTACHMENTS: D Quotes - Paint Striper Page 216 of 352 SHERWIN PRICE QUOTATION WILLIAMS. Account#:6606-8615-5 03/21/2018 Quote#:4115818 SHAKOPEE*CITY OF 485 GORMAN ST ACCOUNTS PAYABLE SHAKOPEE, MN 553792687 (952) 233-9550 Project: TITAN 6955 LINE STRIPER AND LAZY DRIVER Purchase Type: Annual Requirements We are pleased to quote you as follows: SALES SIZE PRODUCT/REX DESCRIPTION QTY PRICE NUMBER NUMBER 1005-56208 EACH 100556208 POWERLIN6955-2 GUN 1 1$7,388.89 Note:Standard 6955 line striper 1001-78169 EACH 100178169 F STRIPR RO 7HP W/ELCT 1 1 1$5,333.33 Note:Lazy Liner Elite driver for striper 795-2039 1 EACH 1 .07952039 1 Paint Hopper 1 1 $265.89 Note: 15 gallon paint hopper ITOTAL PRICE: 1$12,988.11 We thank you for your consideration of Sherwin-Williams products and look forward to supplying these products to you. Note:All prices are per gallon/unit. TERMS OF THE SALE By: Jeffrey Labarge Quotation Expires: 04/30/2018 Store Address:497 MARSCHALL RD F.O.B. Location: City: SHAKOPEE State: MN Zip:55379 2610 Freight Terms: Store Number: 3169 Terms:As Agreed Phone: (952)496-0161 Territory#:6299 NOTICE: Please take notice that the quotation set forth above is not a contract and is subject to and conditioned upon approval by SHERWIN-WILLIAMS. In the event such approval is not obtained,you will be provided with a revised quotation and the quotation set forth above shall be null,void and of no force or effect. The pricing and recommendations detailed in this proposal represent confidential information provided by SHERWIN-WILLIAMS. We request that it not to be copied or shared with others outside your firm. Page 217 of 352 Estimate solutions Estimate No. Date 2811 Fiechtner Drive Phone: 701-277-9017 5254 2/19/2018 Fargo, ND 58103 Fax: 701-277-7073 Customer Address City of Shakopee 400 Gorman St. Shakopee MN 55379 P.O. No. Rep WO Number Df) Qty Item Description U/M Rate Total: I Titan 0290053H POWRLINER 6955 -2 GUN Honda w/electric 8,388.00 8388.007 start FREE KIT, PAII.COVER-Graco 24U241 FREE GASKET,PAIL-Graco 278722 1 Titan 029004OZ LazyLiner 7.HP Elite 5,664.00 5,664.001' TRAY, ACCESSORY,LAZY LINER ELITE- Titan 0290645Z FREE $600 Value 16 LED Light FREE $400 Value **Optional Equipment" I Titan 759-120 SURETRAK F"I.,OATING GUN MOUNT 485.59 485.59T 1 Titan 759-155 TURF KIT 158.59 158.59T I Freight Freight calculated at time of purchase 0.00 0,00 Sales Tax Exempt Government Entity 0.00% 0.00 Prices qUoted are good for 30 days from date of estimate Signature 111otal: Page 218 of 352 *4.D.6. pbllakA ' AKCFT. 7, Shakopee City Council April 3, 2018 FROM: Steve Lillehaug, Public Works Director/City Engineer TO: Mayor and Council Members Subject: Construction Cooperative Agreement with Scott County to install flashing yellow arrow operations on five traffic signals. Policy/Action Requested: Authorize the Mayor and City Administrator to enter into a Construction Cooperative Agreement with Scott County to install flashing yellow arrow operations on five traffic signals. Recommendation: Approval of the agreement and action requested. Discussion: The city's 2017 Capital Improvement Plan included a project to retrofit multiple traffic signals shared by the City of Shakopee and Scott County and install flashing yellow arrow operations. The traffic signals at the following intersections are planned to have flashing yellow arrow operations installed on all legs of the intersections, the city being responsible for the cost of the city's leg(s) at the intersection: • CSAH 16 at Sarazin Street (2 city legs) • CSAH 18 at Crossing Boulevard (2 city legs) • CSAH 18 at CSAH 21 (1 city leg) • CSAH 83 at Dean Lake Boulevard (2 city legs) • C SAH 101 at C SAH 17 (1 city legs) Additional traffic signals in the city are also being equipped that are being fully funded by the county (no city legs) as follows: • CSAH 101 at CSAH 83 • C SAH 101 at Valley P ark Drive Page 219 of 352 * C SAH 101 at Stagecoach Road These three traffic signals are not being equipped with the flashing yellow arrows on the city leg(s) as they are only warranted and/or feasible on the county legs of the intersection. Attached are the agreement and cost estimate with proposed cost splits as prepared by the county. The county is also providing the design and in-construction services for this project. Budget Impact: The city's cost share for the improvements and other associated costs as defined within the agreement will be funded by the Capital Improvement Fund. The preliminary estimated cost is S 131,337; the final cost will be determined upon the completion of the project based on actual costs. ATTACHMENTS: D Construction Cooperative Agreement Page 220 of 352 County Project No. CP 99-01 Flashing Yellow Arrow City of Shakopee County of Scott CONSTRUCTION COOPERATIVE AGREEMENT THIS AGREEMENT, made and entered into this day of , 2018, by and between the County of Scott, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County" and the City of Shakopee, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City". RECITALS: A. County and the City seek to install flashing yellow arrow operations and share costs at the following intersections (hereinafter referred to as the Project): 1. CSAH 16 at Sarazin St 2. CSAH 18 at Crossings Blvd 3. CSAH 18 at CSAH 21 4. CSAH 83 at Dean Lake Blvd 5. CSAH 101 at CSAH 17 B. The above described intersection(s) lie within the corporate limits of the City. C. The County Engineer has prepared an estimate of quantities and unit prices of material and labor for the above described Project and an estimate of the total cost for contract work. The city's portion of the total cost is estimated in the sum of One Hundred Thirty One Thousand Three Hundred Thirty Seven dollars and no cents ($131,337.00). A copy of said estimate (marked Exhibit "B") is attached hereto and made a part hereof. D. It is contemplated that said improvement work shall be carried out by the parties under the provisions of Minn .Stat. Sec. 162.17, subd. 1. NOW, THEREFORE, IT IS HEREBY AGREED: 1. The County shall advertise for bids for the work and construction of the aforesaid Project No. CP 99-01, receive and open bids pursuant to said advertisement and enter into a contract ("Contract") with the successful bidder at the unit prices specified in the bid of such bidder, according to law in such case Page 221 of 152 County Project No. CP 99-01 Flashing Yellow Arrow City of Shakopee County of Scott provided for counties. The Contract will include the plans and specifications prepared by the County or its agents, which plans and specifications are by this reference made a part hereof 2. County shall have overall authority to administer the Contract and inspect the construction of the Contract work for the Project. County shall have ultimate authority in initiating and determining change orders, supplemental agreements and final quantities. The City Engineer shall cooperate with the County Engineer and his staff at their request to the extent necessary, but shall have no other responsibility for the supervision of the work other than the City's utility work which is included in the project. 3. City shall reimburse the County for its share in the construction cost of the Contract work for said Project and the total final contract construction cost shall be apportioned as set forth in the Division of Cost Summary in Exhibit "B". It is further specifically agreed that the estimate referred to in this agreement is only a preliminary estimate of the construction cost for the contract work on the project and that the unit prices set forth in the Contract and the final quantities as measured by the County Engineer shall govern in computing the total final contract construction cost for apportioning the cost of the Project according to the provisions of this paragraph. 4. The City shall, based on the Contract price, deposit with the Scott County Treasurer ninety five percent (95%) of the estimated City's share of the construction and engineering costs as partial payment within thirty(30) days after award of Contract or execution of this Agreement, whichever is later. The final amount of the City's share of construction and engineering costs of the Project shall be determined upon completion of the Project and any amount remaining due to the County shall be reflected in the County's final, itemized, statement of the Project costs submitted to the City. In the event the initial payment exceeds the City's share of these final costs, such overpayment shall be returned to the City by the County. 5. The County Engineer shall prepare monthly progress reports as provided in the specifications. A copy of these reports shall be furnished to the City upon request. 6. In the event that a dispute arises, the County and the City agree that all disputes between them arising out of or relating to this agreement may be submitted, upon agreement of both parties, to mediation, with the cost being shared equally. 7. Since each party is a political subdivision of the State of Minnesota, each party shall maintain general liability and automobile liability coverage protecting itself, its officers, agents, employees and duly authorized volunteers against any usual and customary public liability claims to the limits prescribed under Minn. Stat. Sec. 466.04 and Workers' Compensation in accordance with the Minnesota statutory requirements. Said policies shall be kept in effect during the entire term of this Agreement. Page 222 of252 County Project No. CP 99-01 Flashing Yellow Arrow City of Shakopee County of Scott 8. All records kept by the City and the County with respect to the Project shall be subject to examination by the representatives of each party. All data collected, created, received, maintained or disseminated for any purpose by the activities of the County or City pursuant to this Agreement shall be governed by Minnesota Statutes Chapter 13, as amended, and the Minnesota Rules implementing such Act now in force or hereafter adopted. 9. The City further agrees to provide any and all permanent or temporary right-of-way at no cost to the County on property owned by the City and needed by Scott County for the completion of the Project. 10. This Contract does not alter any existing maintenance agreements between the City and the County. All maintenance agreements shall remain in full force and effect. 11. Neither party, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the other party for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the described maintenance, restoration, repair or replacement work by the other party, or arising out of the negligence of any contractor under any contract let by the other party for the performance of said work; and each party agrees to defend, save, keep and hold harmless the other, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by its officers, agents or employees. 12. It is further agreed that neither party to this Agreement shall be responsible or liable to the other or to any other person or entity for any claims, damages, actions, or causes of actions of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of any work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost and expense and indemnify the other party for any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. Each party's obligation to indemnify the other under this clause shall be limited in accordance with the statutory tort liability limitation as set forth in Minnesota Statutes Chapter 466.04 to limit each party's total liability for all claims arising from a single occurrence, include the other party's claim for indemnification, to the limits prescribed under 466.04. It is further understood and agreed that the Parties' total liability shall be limited by Minnesota Statute Section 471.59, Subdivision 1(a) as a single governmental unit. 13. It is further agreed that any and all employees of each party and all other persons engaged by a party in the performance of any work or services required or provided herein to be performed by the party shall not be considered employees, agents or independent contractors of the other party, and that any and Page 223 of352 County Project No. CP 99-01 Flashing Yellow Arrow City of Shakopee County of Scott all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged shall be the sole responsibility of the employing party and shall not be the obligation or responsibility of the other party. 14. The provisions of Minn. Stat. Sec. 181.59 and of any applicable local ordinance relating to Civil Rights and discrimination and the affirmative action policy statement of Scott County shall be considered a part of this Agreement as though fully set forth herein, including Exhibit A, which is attached and hereby incorporated. 15. Pursuant to Minn. Stat. Sec. 16C.05, subd. 5, the books, records, documents, and accounting procedures and practices of the County and City pursuant to this Agreement shall be subject to examination by the County, City and the State Auditor. Complete and accurate records of the work performed pursuant to this Agreement shall be kept by the County and City for a minimum of six (6) years following termination of this Agreement for such auditing purposes. The retention period shall be automatically extended during the course of any administrative or judicial action involving the County or the City regarding matters to which the records are relevant. The retention period shall be automatically extended until the administrative or judicial action is finally completed or until the authorized agent of the County or City notifies each party in writing that the records no longer need to be kept. 16. The laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and performance under it. The appropriate venue and jurisdiction for any litigation hereunder shall be those courts located with the County of Scott, State of Minnesota. Litigation, however, in the federal courts involving the parties shall be in the appropriate federal court within the State of Minnesota. 17. In the event any provision of this Agreement shall be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties unless such invalidity or non-enforceability would cause the Agreement to fail its purpose. One or more waivers by either party of any provision, term, condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. 18. The County's Authorized Agent for the purpose of the administration of this Agreement is Miranda Chard, Program Specialist, or her successor. Her current address and phone number are Scott County Highway Department, 600 Country Trail East, Jordan, MN 55352, (952) 496-8043. Page 224 o452 County Project No. CP 99-01 Flashing Yellow Arrow City of Shakopee County of Scott The City's Authorized Agent for the purpose of the administration of this Agreement is Micah Heckman, or his successor. His current address and phone number are 500 Gorman Street, Shakopee, MN 55379, 952-233-9363. Any change in name, address, or telephone shall be noticed to the other party. Page 225 of552 IN TESTIMONY WHEREOF, The parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF SHAKOPEE (SEAL) By And Mayor City Administrator Date Date COUNTY OF SCOTT ATTEST: By By Gary L. Shelton, County Administrator Thomas J. Wolf, Chair of Its County Board Date Date Upon proper execution, this agreement RECOMMEND FOR APPROVAL: will be legally valid and binding. By By Jeanne Andersen, Assistant County Attorney Anthony J. Winiecki, County Engineer Date Date Page 226 of 352 EXHIBIT A EPOLICY STATEMENT It is the policy ofScott County Government toprovide Equal Opportunity twall employees and applicants for employment in accordance with all applicable Equal Employment Opportunity |aws, dimotiwem, and regulations of Federal, State, and local governing bodies or agencies thereof, including Minnesota Statutes, Chapter 3S3A. Scott County will not engage in any employment practices which discriminate against or harass any employee or applicant for employment because of race, color, creed, religion, national mhgin, mex, dioabUity, aQe, nnmrtie|statua, sexual orienbetinn, nrstatus with regard to public assistance, Such employment practices imdude, but are not Umit*dto,the following: hiring, upgrading, demotion, tnonafer, recruitment orrecruitment advertising, selection, layoff, disciplinary action, termination, rates of pay or other forms of compensation, and selection for tnaining, including apprenticeship. Further. Scott County fully supports incorporation of nondiscrimination rules and regulations into contracts and will commit the necessary time and resources to achieve the goals of Equal Employment Opportunity. Any employee of the County who does not comply with the Equal Employment Opportunity Policies and Procedures set forth in this Statement and Plan will be subject to disciplinary action. Any subcontractor of the County not complying with all applicable Equal Employment Opportunity laws, directives, and regulations ofFederal, State, and local governing bodies or agencies thereof, including Minnesota Statutes, Chapter 363A, will be subject to appropriate contractual sanctions. Scott County has designated the Employee Relations Director as the manager of the Equal Opportunity Program. These responsibilities will include monitoring all Equal Employment Opportunity activities and reporting the effectiveness of this program, as required by Federal, State, and local agencies, The Scott County Administrator will receive and review reports on the progress cf the program, |fany employee orapplicant for employment believes heorshe has been discriminated against, p|maao contact the Scott County Employee Relations Director, Scott County Employee Re|otiono, Government Center Room 281, 200 Fourth Avenue West, Shukopee, Minnesota 55378-1220. or call (052)496-8103. Gary L 2(helton Date Thomas J.Wolf Date Scott County Administrator Chair, Board ofCommissioners Page ocrmnso Q� _ +L �U r o c.it110 r- rri rfj U -' r--� --rr c�� �y m rri rr>rri t: u U N o FFD f};Ff;K-}` CfD af;C}3 Ff3 4fb fA U m o ru r� d mi m Yn r.Yri r--Yn r� rn-t rw O N 'r '7 OD O Lf 11 t cjLI) N Q N R� t N w N Y J O s r-- r-_ o Lrr rs Lr5 Lr, Lr o o cY � oocr oc�, � m r✓, rJ rJ rJ� o H _ ? rN , d _ _ _ _ r.r INr Ij INr LL Fii+yi�f3+yi�Si <}3 lti Lfi d O O O - R - E u R W O U U- oo o E R — C p o o oo y O3; O R Vl N W u t H C C C6 E E E E E = O o O Q U a (f) rn fsi rn M E u E W—D m W �O m W C hJ Vi o m 2 f oIn) V 1 fn rJ 6.J C1 m _ +i1 r,U S rp y o crJ o O O o rtJJ cri rte o a f, 9-1 J n n CtJ(J tJ!J p H Ul m Yr)S O U E E E E E C E d v rn fn"I fn fn fn' o m m m m c c c zj M W (�1 IIl fIlfI) fIl YIl m LLa �cL 2 Z rr ro Kira ro ira rG X E n W Y.c U YL rU LL rU W ,,, llj n *4.D.7. pb"IA ' AKCFT. 7, Shakopee City Council April 3, 2018 FROM: Steve Lillehaug, Public Works Director/City Engineer TO: Mayor & Council Members Subject: Preapproved Professional Engineering Consulting Firms Policy/Action Requested: Accepting a list of preapproved professional engineering consulting firms for 2018, 2019 and 2020. Recommendation: Approve Consultant Pool. Discussion: At the March 6, 20181 City Council meeting, this item was tabled for further consideration to allow more time to evaluate the consultant pool information. Additionally a question was raised pertaining to a possible conflict of interest pertaining to a consultant that was already working for the city on its comprehensive planning project. The city attorney has reviewed this issue and provided guidance that this scenario does not present a conflict of interest situation that would preclude them from being pre-approved from potentially working as a consultant to the city on future project. The following is the prior background information that was provided: Consulting services for architectural, engineering, scientific or other professional services are typically obtained on an individual project basis as needed by obtaining bids from several consultants. In an effort to streamline the process and to assist municipal staff in obtaining consulting services in areas where special expertise is required or when workload is such that it cannot be accommodated in a timely fashion by in-house staff, a preapproved consulting pool selection process and list are being provided for consideration. This consultant pool would exist for a three-year period and would be drawn upon on a project basis to enter into professional services agreements for the needed services. Page 229 of 352 Staff solicited Statements of Qualifications (SOQs) from qualifying firms and in reviewing the qualifications, the philosophy is to establish a pool of firms whose combined and overlapping areas of expertise and abilities will allow staff to draw upon their services in the most cost-effective manner possible without becoming overly dependent on any one firm. While some firms are obviously specialists in a specific field of practice, it is staff s goal to attempt to retain firms whose secondary areas of expertise can serve as backup in the event that a primary firm has a conflict of interest, or is unable to undertake a project for whatever reason. The City received SOQs from 21 firms. For the 2018 through 2020 period, the firms listed in the attached resolution are being recommended for approval for the areas of expertise listed for this three-year period. These firms were selected after a thorough review of all SOQs. All firms have the technical expertise and capacity to assist in delivering the City's projects. Overall, staff feels that this combination of consulting firms represents sufficient expertise to accommodate the recurring engineering, architectural, planning and design needs of the City in an efficient and cost-effective manner. Budget Impact: There are no budget issues to consider. Individual professional service agreements would be negotiated on a project by project basis to develop a scope, using the fee schedules that were provided by each firm and approved as part of this process. It is planned that each firm will update its fee schedule annually for consideration and approval by the City. ATTACHMENTS: D Resolution R2018-028 Page 230 of 352 RESOLUTION 82018-028 A Resolution Accepting a List of Preapproved Professional Engineering Consulting Firms for 2018, 2019 and 2020 WHEREAS, City staff solicited Statements of Qualifications (SOQs) from qualifying firms to establish a pool of firms whose combined and overlapping areas of expertise and abilities would allow staff to draw upon their services to accommodate the recurring engineering and technical needs of the City in an efficient and cost-effective manner; and WHEREAS, 21 firms submitted SOQs and fee schedules for inclusion in the 2018-2020 consultant pool; and WHEREAS, firms will be selected in the specific field or practice as outlined below on a project by project basis and whose expertise will serve and fit the City's needs most suitably; and WHEREAS, the City is now prepared to proceed with the following firms after a thorough review of all SOQs: A. Municipal Engineering 1. Bolton and Menk, Inc. 2. Hansen Thorp Pellincn Olson, Inc. (HTPO) 3. Short Elliott Hendrickson Inc. (SEH) 4. SRF Consulting Group, Inc. S. WSB &Associates, Inc. B. Transportation Engineering 1. Bolton and Menk, Inc. 2. Short Elliott Hendrickson Inc. (SEH) 3. SRF Consulting Group, Inc. 4. WSB &Associates, Inc. 5. Spack Consulting 6. Stonebrook Engineering C. Surface Water,Parks and Natural Resources 1. Advanced Engineering and Environmental Services (AE2S) 2. Barr Engineering Co 3. Confluence 4. Damon Farber Landscape Architects 5. MKSK 6. SRF Consulting Group, Inc. 7. WSB &Associates, Inc. D. Geotechnical Services 1. American Engineering Testing, Inc. 2. ITCO Allied Engineering Co 3. Northern Technologies, LLC 4. Terracon S. WSB &Associates, Inc Page 231 of 352 E. Municipal Utilities 1. Advanced Engineering and Environmental Services (AE2S) 2. Barr Engineering Co 3. Bolton and Menk, Inc. 4. Short Elliott Hendrickson Inc. (SEH) 5. SRF Consulting Group,Inc 6. TKDA 7. WSB &Associates, Inc. F. Land Surveying 1. Bolton and Menk, Inc. 2. Hansen Thorp Pellinen Olson Inc. (HTPO) 3. Short Elliott Hendrickson Inc. (SEH) 4. SRF Consulting Group, Inc S. Stonebrook Engineering 6. Trosen Land Surveying 7. WSB &Associates, Inc. G. Structural 1. Short Elliott Hendrickson Inc. (SEH) 2. SRF Consulting Group, Inc 3. TKDA 4. WSB &Associates, Inc. H. Architectural Services 1. Confluence 2. Damon Farber Landscape Architects 3. MKSK 4. Short Elliott Hendrickson Inc. (SEH) S. TKDA 6. WSB &Associates, Inc. I. Communications/Telemetry/SCADA 1. Advanced Engineering and Environmental Services (AE2S) 2. In Control, Inc. 3. Short Elliott Hendrickson Inc. (SEH) 4. TKDA J. Geographical Information System (GIS) 1. Bolton and Menk, Inc. 2. SRF Consulting Group,Inc 3. WSB &Associates, Inc. K. Electrical/Mechanical Engineering 1. Barr Engineering Co 2. In Control, Inc. 3. Short Elliott Hendrickson Inc. (SEH) 4. TKDA Page 232 of 352 L. Relocation/BenefztAnalysis/Land Rights/EasementAcquisition 1. Evergreen Land Services Co 2. Henning Professional Services, Inc. 3. SRF Consulting Group, Inc 4. WSB &Associates, Inc. M. Environmental Engineering 1. American Engineering Testing, Inc 2. Barr Engineering Co 3. Terracon Consultants, Inc. 4. WSB &Associates, Inc. WHEREAS,professional services agreements will be executed and approved with firms on a project by projects basis. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the aforementioned and listed consulting firms have been preapproved for professional services in the respective specialty categories, establishing the 2018- 2020 Consulting Pool for the City of Shakopee. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 2018. Mayor of the City of Shakopee ATTEST: City Clerk Page 233 of 352 *4.D.8. pbllakA ' AKCFT. 7, Shakopee City Council April 3, 2018 FROM: Steve Lillehaug, Public Works Director/City Engineer TO: Mayor and Council Members Subject: Professional Service Agreement with Advanced Engineering and Environmental Services, Inc., to update the city's Sanitary Sewer Master Plan. Policy/Action Requested: Authorize the execution of a professional services agreement with Advanced Engineering and Environmental Services, Inc., for the Sanitary Sewer Master Plan update. Recommendation: Authorize execution of the agreement. Discussion: The city's Sanitary Sewer Master Plan was last updated in 2008 as part of the prior comprehensive plan update. As part of the Metropolitan Council's requirement to update the city's overall comprehensive plan in 2018, the city again needs to update its Sanitary Sewer Master Plan. While the higher level visioning and priorities components are included in the scope of the Envision Shakopee planning, detailed and technical updates pertaining to the sanitary sewer system also must be completed. City staff needs assistance from a design consultant to complete the project. City staff has developed a scope of work needed to fulfill the plan update requirements and worked with Advanced Engineering and Environmental Services, Inc., (AE2S) to develop a work plan and professional services agreement to deliver this work (see attached). AE2S has the experience, technical skill, and capacity to provide the needed services and is a recommended firm as part of the city's consultant pool that is currently under consideration. The attached Professional Services Agreement authorizes and describes the scope and fee for their work on this project. Budget Impact: The scope of AE2S's work is proposed to cost (not to exceed) $66,500. This work Page 234 of 352 is budgeted in the 2018 Sanitary Sewer Fund budget. ATTACHMENTS: D Professional Services Agreement Page 235 of 352 PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into on the 3rd day of April, 2018, between the CITY OF SHAKOPEE, 485 Gorman Street, Shakopee, MN 55379 ("City") and Advanced Engineering and Environmental Services, INC., 6901 East Fish Lake Road, Suite 184, Maple Grove, MN 55369("Consultant"). Preliminary Statement The purpose of this Agreement is to set forth terms and conditions for the provision of professional services by the Consultant for the City for the following described Project: • Sanitary Sewer Master Plan The City and Consultant agree as follows: 1. Consultant's Services. The Consultant agrees to provide professional services as described in Exhibit A, Scope of Work and any addenda thereto. The Consultant shall serve as the City's professional consultant in the specified work and shall provide consultation and advice to the City during the performance of its services. The Consultant agrees to use the City's standard specifications in any bidding documents prepared under this Agreement. The requirements of this section may be waived by the City if the City Engineer determines that they are not necessary for the successful completion of the project. A Consultant requesting a requirement to be waived must have written authorization from the City Engineer and must be incorporated into this agreement. 2. Time for Performance of Services. The Consultant will endeavor to perform the services outlined in the work program within the prescribed days from the date of the contract award. Any changes in this schedule must be approved in wri ti ng by the C i ty. 3. Term. The term of this Agreement will be from April 3, 2018, through July 1, 2019, the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 4. Compensation for Services. City agrees to pay the Consultant for services as described in Exhibit A, attached and made a part of this Agreement, which may be amended from time to time by mutual agreement by City and Consultant. The Consultant's hourly rates must be based on the hourly rates approved by the City. AE2S —Sanitary Sewer Master Plan Page 1 Professional Services Agreement Page 236 of 352 The Agreement amount shall include all services to be rendered by the Consultant as part of this Agreement (including all travel, living and overhead expenses incurred by the Consultant in connection with performing the services herein) except for special services authorized in writing by the City. The amount stipulated shall be considered a "Not to Exceed" cost to the City. The Consultant must keep track of the costs billable under this contract at all times; any work in excess of the negotiated amount shall not be eligible for payment unless preapproved. The Consultant must notify the City if the Consultant anticipates that the negotiated amount might be exceeded, in order to determine whether or not the City is prepared to increase the compensation. This notification and approval must occur in advance of the work occurring to be considered for compensation. 5. Payment of Fees. The Consultant must submit itemized bills for services provided to the City on a monthly basis. The monthly billing must summarize the progress of the project as certified by the Consultant. For work reimbursed on an hourly basis, the Consultant must indicate for each employee, his or her classification, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, the total amount due, the original contracted amount, the current requested amount, and the total amount. Consultant must verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.931. For reimbursable expenses, the Consultant must provide such documentation as reasonably required by the City. Consultant bills submitted will be paid in the same manner as other claims made to the City. 6. Audit Disclosure. The Consultant must allow the City or its duly authorized agents reasonable access to such of the Consultant's books and records as are pertinent to all services provided under this Agreement. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential must not be made available to any individual or organization without the City's prior written approval. All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Consultant will become the property of the City upon termination of this Agreement, but Consultant may retain copies of such documents as records of the services provided and may reuse standard portions of such documents in the normal course of its business. 7. Termination. Termination for Cause. This Agreement may be terminated by City by seven day's written notice to Consultant delivered to the address written AE2S —Sanitary Sewer Master Plan Page 2 Professional Services Agreement Page 237 of 352 above. Upon termination under this provision, the Consultant will be paid for services rendered and reimbursable expenses until the effective date of termination. If, through any cause (except those reasonably beyond Consultant's control), the Consultant shall fail to fulfill in timely and proper manner its obligations under this Contract, or if the Consultant shall violate any of the covenants, agreements, or stipulation of this Contract, the City shall thereupon have the right to terminate this Contract by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least five (5) days before the effective date of termination. In that event the Consultant shall have sixty (60) days to furnish all finished or unfinished documents, computer programs, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Consultant under this Contract, which shall, at the option of the City, become its property, and the Consultant shall be entitled to receive just, equitable compensation for any satisfactory work completed on such documents and other materials prior to the effective date of termination. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Contract by the Consultant, and the City may withhold any payments to the Consultant for the purpose of setoff until such time as the exact amount of damages due the City from the Consultant is determined. In the event this Contract is terminated for cause, then the City may take over and complete the work, by contract or otherwise, and the Consultant and its sureties shall be liable to the City for any costs over the amount of this contract thereby occasioned by the City. In any such case the City may take possession of, and utilize in completing the work, such materials, appliances and structures as may be on the work site and are necessary for completion of the work. The foregoing provisions are in addition to, and not in limitation of, any other rights which the City may have. Termination Not For Cause. The City may terminate this Contract at any time, with or without cause, by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. In that event, the Consultant shall have sixty (60) days to furnish all finished or unfinished documents, computer programs, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Consultant under this Contract, which shall, at the option of the City, become its property. If the Contract is terminated by the City as provided in this paragraph, the Consultant will be paid an amount which bears the same ratio to the total compensation as the services actually AE2S —Sanitary Sewer Master Plan Page 3 Professional Services Agreement Page 238 of 352 performed bear to the total services of the Consultant covered by this Contract, less payments or compensation previously made. 8. Subcontractor. The Consultant must not enter into subcontracts for any of the services provided for in this Agreement without the express written consent of the City. 9. Independent Contractor. At all times and for all purposes hereunder, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 10. Assignment. Neither party will assign this Agreement, nor any interest arising herein, without the written consent of the other party. 11. Services not Provided for. No claim for services furnished by the Consultant not specifically provided for herein will be honored by the City. 12. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision will not affect the remaining provisions of the Agreement. 13. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement will be valid only when expressed in writing and duly signed by the parties unless otherwise provided herein. 14. Compliance with Laws and Regulations. In providing services hereunder, the Consultant must abide by all statutes, ordinances, rules and regulations pertaining to the provision of services to be provided. Any violation will constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 15. Equal Opportunity. During the performance of this contract, the Consultant must not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, or age. The Consultant must post in places available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause and stating that all qualified AE2S —Sanitary Sewer Master Plan Page 4 Professional Services Agreement Page 239 of 352 applicants will receive consideration for employment. The Consultant must incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. 16. Waiver. Any waiver by either party of a breach of any provisions of this Agreement will not affect, in any respect, the validity of the remainder of this Agreement. 17. Liability and Indemnity. The Consultant must indemnify and hold harmless the City, its employees and agents, for all claims, damages, losses, and expenses, including, but not limited to, attorney's fees, which they may suffer or for which they may be held liable, as a result of, and to the extent of, the negligent or wrongful acts of the Consultant, his employees, or anyone else for whom he is legally responsible in the performance of this Agreement. The Consultant assumes full responsibility for relations with its subcontractors, and must hold the City harmless and must defend and indemnify the City, its employees and agents, for any claims, damages, losses, and expenses in any manner caused by such subcontractors, arising out of or connected with this contract. 18. Insurance. During the term of this Agreement, Consultant must procure and maintain during the life of this Contract, and provide the City with a certificate of insurance showing, the following coverage for each occurrence and in aggregate: A. Comprehensive General Liability Insurance, including Broad Form Property Damage, Completed Operations and Contractual Liability for limits not less than $1,500,000 each occurrence for damages of bodily injury or death to one or more persons and $1,500,000 each occurrence for damage to or destruction of property. B. Insurance coverage for Special Hazards, including but not limited to explosion hazard, collapse hazard, underground property damage hazard, (commonly known as XCU). C. Comprehensive Automobile Liability Insurance, in an amount not less than $1,500,000 for each occurrence. Coverage shall include all owned autos, non-owned autos, and hired autos. D. Errors and Omissions Insurance against errors and omissions resulting from the performance of Consultant's work under this Agreement. Said coverage shall be in an amount not less than $2,000,000. AE2S —Sanitary Sewer Master Plan Page 5 Professional Services Agreement Page 240 of 352 E. Workmen's Compensation insurance for all its employees as required by the Minnesota Worker's Compensation Act. F. The City of Shakopee must be named as "ADDITIONALLY INSURED" on the insurance described in paragraphs A, B, and C, and must receive notice ten (10) days prior to the cancellation or expiration any of the specified insurance. If the deductible provisions of the Consultant's coverage or any subcontractor's coverage is questioned by the City, the Consultant shall provide the City, upon request, "Proof of Assets". This policy must provide, as between the City and the Consultant, that the Consultant's coverage shall be the primary coverage in the event of a loss. If the Consultant is providing either architectural or engineering services, the Consultant must also maintain during the term of this Agreement a professional liability insurance policy with the same limits as for general liability. A certificate of insurance on the City's approved form which verifies the existence of these insurance coverages must be provided to the City before work under this Agreement is begun. 19. Governing Law. This Agreement will be controlled by the laws of the State of Minnesota. 20. Whole Agreement. This Agreement embodies the entire agreement between the parties including all prior understanding and agreements, and may not be modified except in writing signed by all parties. Executed as of the day and year first written above. CITY OF SHAKOPEE Advanced Engineering and Environmental Services, INC. By: By: Bill Mars, Mayor Date: Its: Contracts Officer Date: By: William H. Reynolds, City Administrator Date: AE2S —Sanitary Sewer Master Plan Page 6 Professional Services Agreement Page 241 of 352 Exhibit A March 9,2018 Mr. Steve Lillehaug,PE,PTOE Public Works Director/City Engineer City of Shakopee 485 Gorman Street Shakopee,MN 55379 RE: Letter Agreement between City of Shakopee and AE2S Comprehensive Sewer Plan and Model Update Dear Mr.Lillehaug: Background The City of Shakopee is engaging in a Comprehensive Planning process to promote both the short-term and long-term functionality of its sanitary sewer system,as well as to advance the utility to accommodate the future vision for the City. Although one of the drivers and near-term goals may be to satisfy the Wastewater Plan requirements of the Metropolitan Council,a collaborative and proactive planning process will be valuable in developing useful tools to optimize the existing utility and prepare for continued growth of the system. Wastewater is one element of the ten-year comprehensive planning update required by Metropolitan Council. Community wastewater plans are reviewed to ensure conformance with the 2040 Water Resources Policy Plan and Thrive MSP 2040 to make sure that Metropolitan Council's regional wastewater system has adequate capacity to serve the future needs of the region in the right locations at the right times. Conformance for wastewater means that,within the Metropolitan Urban Service Area,communities are meeting the overall density expectations identified in Thrive MSP 2040. Plans that are not,in conformance may have the potential to impact the regional wastewater system through either over-utilization or under-utilization of the system which can impact operations,maintenance,and capital programs. Our planning approach to wastewater will check all the boxes required to meet Metropolitan Council requirements,while providing a basis for a GIS- based hydraulic model of the wastewater collection system and will formulate a capital improvements plan that addresses future growth and development and promotes long-term sustainability of the system. Scope of Basic Services Advanced Engineering and Environmental Services, Inc. (AE2S) proposes to render professional engineering services(Assignment)to the City of Shakopee(CLIENT). This Agreement,including Exhibit A,sets forth the terms and conditions under which the CLIENT and AE2S shall be governed regarding the Assignment. The following major tasks represent the general content of the sanitary sewer system plan update: 1. Plan Overview a. Provide an overview of planning requirements and previous wastewater planning efforts. b. Create a location map and general land use plan. c. Describe the relationship to the Metropolitan Council interceptor and wastewater treatment facilities. Page 242 of 352 2. Wastewater Collection System Description a. Review and summarize the existing collection system including all sewer districts or subsystems. b. Identify and describe all lift stations,trunk sewers,and existing connection points to the Metropolitan Council system. c. Description details for each of the sewer districts or subsystems will include location,area, number of accounts,major water users,forecast development activity,general age and condition,improvements made,intercommunity connections(if any), and flow monitoring points. d. Provide electronic GIS-based maps or figures to summarize the appropriate information. 3. Wastewater Collection System Goals,Policies, and Strategies a. Review current practices,identified goals,policies, or strategies that affect the future performance and investment required of the utility. b. Work with staff to develop new goals and key strategies that will continue the successful operation and sustainability of the wastewater collection system while also protecting valuable water resources. c. Review and summarize intercommunity connections and related policies and agreements. 4. Existing Wastewater Collection System Condition Review a. Review, summarize, and tabulate the condition of the existing system regarding pipe material, age, and condition,along with lift station pumping records. Ratings will be done using Pipeline Assessment and Certification Program(PACP)criteria. b. Identify collection system problem areas and opportunities with input from City Staff. c. Conduct a meeting with City personnel and MCES staff to evaluate interceptor status, O&M issues, scheduled CII'projects,and long-range goals for MCES interceptors. 5. Wastewater Collection Design Criteria & Scenario Planning a. Establish unit flow rates for each land use category(utilizing a land use plan prepared by others),based upon the anticipated density in units and persons per acre. b. Generate average dry weather flow projections for specific development areas,using unit flow rates. c. Utilize Metropolitan Council Peak Flow Factor(PFF)curves to correlate actual peaking factors-for the City with the formulated curves and to account for 1/1. d. Create a review and summary table of the design PFF curves. e. Derive design peak flows from a variable ratio of the average flow rate and estimate future peak flows for future development areas. 6. Inflow&Infiltration Flow Summary, a. Review 1/1 program efforts made since 2008. b. Review age of existing housing stock to identify potential areas of UI focus. c. Review SSTS management plan and update map of known SSTS locations. d. Prepare draft UI mitigation plan. 7. Sanitary Sewer Flow Projections a. Review Thrive MSP 2040 population,household,and employment forecasts. b. Generate wastewater flow projections in 10-year increments through 2040. c. Develop an explanation of the wastewater flow generation method used. d. Allocate projected flows for wastewater across sewer districts or subsystem areas. e. Analyze major sewer users to incorporate current and potential future impact to the collection system. Page 243 of 352 £ Provide the following tables and figures to summarize the appropriate information: i. Table 1:Population,Household, and Employment Forecasts. ii. Table 2: Sewer Allocation Forecasts (Sewered and Unsewered). iii. Table 3: Current and Forecast(10-year)Average Daily Wastewater Flows. iv. Table 4: Forecast Wastewater Flows by Sewer District or Subsystem. V. Figure 1: Forecast Wastewater Flows by Sewer District and by Regional Interceptor. 8. Hydraulic Model Coordination&Results Review a. Provide a written summary of the hydraulic modeling. The detailed model will be included as an Appendix. b. Facilitate preparation of a"static"collection system modeling effort utilizing InfoSewer software. c. Review model results with City staff. d. Conduct additional data analysis. e. Identify collection system deficiencies. 9. Future Collection System Needs a. Confirm adequate wastewater collection and lift.station capacity throughout the system. b. Mitigate"bottlenecks"and areas of flow restriction. c. Identify improvements for areas of maintenance concern. d. Prepare a summary of recommended improvements, along with planning-level cost estimates. The summary will identify,classify,and prioritize projects based upon need and budget constraints,whether it is growth, age/condition,or I&I related. e. Identify proposed timing for implementation of projects,based on potential impact(Level-of- Service) or wastewater capacity triggers (growth related), and anticipated timeline for development/redevelopment. f. Review CIP recommendations in detail with City staff.Proposed projects will be evaluated against the existing CII'to identify opportunities to combine projects,expand projects,or adjust timelines as appropriate to accomplish the City's objectives. g. Incorporate CIP recommendations into a single comprehensive document that responsibly integrates the existing CIP with the new recommendations. 10. Wastewater and Comprehensive Plan Report a. Compile and review a draft plan,summarizing results and recommendations,in a format that is compatible with other chapters of the Comprehensive Plan. b. Review draft plan with City staff and incorporate City comments. c. Incorporate final model into Comprehensive Sewer Plan. d. Incorporate MCES and agency comments into final plan. e. Prepare and submit final revised plan to City. The following major tasks represent the general content of the sanitary sewer system model update: 1. Hydraulic Model Development a. Project kickoff meeting,coordination of data,and discuss model development steps. b. Obtain existing hydraulic model,base line data,assumptions, and model characteristics. c. Obtain GIS data of the sanitary sewer system. d. Obtain lift station flow metering data,and verify characteristics of lift stations and forcemains. e. Verify gravity sewer data. f. Develop updated model using InfoSewer software. Page 244 of 352 2. Develop and Allocate Base Flow Information a. Obtain billing record information for individual meters. b. Link billing records with GIS based addresses to mapped meters. c. Review sewersheds and contributing areas. d. Verify large flow users are properly located within model. e. Allocate demands from mapped billing record information to nodes within hydraulic model based on winter water usage to calculate base sanitary flow. 3. Existing System Analysis a. Develop scenarios for existing/current development and future development for 2020,2030, and 2040 forecasts. b. Conduct capacity analysis (percent remaining) of the existing system to determine remaining capacity and areas with capacity issues. c. Determine remaining capacity of the MCES interceptor sewer. d. Evaluate remaining capacity of existing lift stations. e. Perform operational analysis to determine potential operational issues. f. Develop a list of potential sewer rehabilitation and capital improvements to the existing system. 4. Future Growth Planning and Analysis a. Review land use and transportation corridor planning. b. Evaluate undeveloped growth areas based on updated land use plan. c. Develop maps showing planning and roadmap for improvements within future growth areas. d. Determine capacity upgrades to existing lift stations. e. Identify capacity issues within existing sewer due to growth and determine potential sewer pipe upgrades to accommodate future system demands. f. Optimize alignment and location of future trunk sewer. g. Determine the need,capacity and location of future lift stations. 5. Model Report a. Prepare a draft modeling report to document the model development parameters, summarize the system capacities,and present the system improvements required to meet future growth requirements. The modeling efforts will be summarized in the Comprehensive Sewer Plan Update. b. Prepare a final Model Report to be included as an Appendix to the Plan. Additional Services Services resulting from significant changes in the general scope, extent, or character of the Assignment are not included as a part of the Scope of Basic Services. If authorized in writing by the CLIENT, AE2S will provide services beyond the scope of this Agreement on an hourly basis in accordance with the Hourly Fee Schedule attached as Exhibit B. CLIENT'S Responsibilities CLIENT shall do the following in a timely manner,so as not to delay the services of AE2S: 1. Designate a person to act as CLIENT's representative with respect to the services to be rendered under this Agreement. Such person shall have authority to transmit instructions,receive information, and interpret and define CLIENT's policies and decisions with respect to services for the Assignment. Page 245 of 352 2. Provide relevant information regarding requirements for the Assignment. AE2S shall be entitled to use and rely upon all information provided by CLIENT or others in performing AE2S's services under this Agreement. 3. Provide access to the relevant site sufficient for AE2S to performs its services under this Agreement. 4. CLIENT shall, so long as AE2S is not in default,promptly pay AE2S for such services as have been performed satisfactorily hereunder in accordance with the fee terms set forth herein. CLIENT shall bear all costs incident to compliance with its responsibilities pursuant to this section. Fees AE2S shall render services under this Agreement on an hourly basis not to exceed $66,500 without written authorization from CLIENT. Performance Schedule AE2S shall use commercially reasonable efforts to complete Basic Services within a reasonable time period. Contract Documents This Agreement includes the following documents,incorporated herein by reference: 1. Exhibit A-Terms and Conditions; 2. All other attached Exhibits referenced in this Agreement; 3. Any drawings or specifications provided by the CLIENT in writing; and 4. Any duly executed written amendments. There are no contract documents other than this Agreement and those documents listed above. If this Agreement sets forth your understanding of our agreement,including the scope of work desired,fees,terms, and conditions,please sign-in the space provided and return a copy to AE2S. Thank you for the opportunity to assist in this project and we look forward to working with you. Sincerely, Robert L.Moberg,PE Client Manager Page 246 of 352 AE2S CLIENT Accepted this day of Metrek 20 By: By: Grant Meyer,PE Principal-in-Charge Name(Print): t . Title: o a Page 247 of 352 *4.D.9. PbIIIA ' AKCFT. 7, Shakopee City Council April 3, 2018 FROM: Steve Lillehaug, Public Works Director/City Engineer TO: Mayor & Council Members Subject: State of Minnesota Agency Agreement between the Minnesota Department of Transportation and the City of Shakopee for Federal Participation in Construction. Policy/Action Requested: Adopt Resolution R2019-038 approving Minnesota Department of Transportation's Delegated Contracting Process Agreement. Recommendation: Adopt Resolution R2018-038. Discussion: The State of Minnesota has prepared the agency agreement between the City of Shakopee and the Minnesota Department of Transportation (MnDOT), which allows for MnDOT to act as the city's agent in accepting future federal funding. This agreement is intended to cover all future federally funded projects that the city is awarded funds for until revisions are needed to the agreement. The agreement is required to receive federal funds, and it supersedes any past Delegated Contract Agreement with MnDOT. Budget Impact: No budget impact. ATTACHMENTS: D Resolution R2018-038 D DCP Agreement Page 248 of 352 RESOLUTION R2018-038 A Resolution Approving Minnesota Department of Transportation's Delegated Contracting Process Agreement WHEREAS, an Agreement has been created by the State of Minnesota between the Minnesota Department of Transportation (MnDOT) and the City of Shakopee for Federal Participation in Construction; and WHEREAS, MnDOT would act as the City's agent in accepting Federal funds for any City project that uses Federal funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,THAT: 1. Pursuant to Minnesota Stat. Sec. 161.36,the Commissioner of Transportation be appointed as Agent for the City of Shakopee to accept as its agent, federal aid funds which may be made available for eligible transportation related projects. 2. The Mayor and the City Administrator are hereby authorized and directed on behalf of the City to execute and enter into an agreement with the Conmlissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and contained in "Minnesota Department of Transportation Agency Agreement No. 1030090, a copy of which said agreement was before the City Council and which is made a part hereof by reference. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 201 S. Mayor of the City of Shakopee ATTEST: City Clerk Page 249 of 352 MnDOT Contract No. 1030090 MIN T TOF T STATE OF MINNESOTA AGENCY AGREEMENT for FEDERAL PARTICIPATION IN CONSTRUCTION This agreement is entered into by and between the City of Shakopee ("Local Government") and the State of Minnesota acting through its Commissioner of Transportation ("MnDOT"). RECITALS 1. Pursuant to Minnesota Statutes Section 161.36,the Local Government desires MnDOT to act as the Local Government's agent in accepting federal funds on the Local Government's behalf for the construction, improvement, or enhancement of transportation financed either in whole or in part by Federal Highway Administration ("FHWA") federal funds, hereinafter referred to as the "Project(s)"; and 2. This agreement is intended to cover all federal aid projects initiated by the Local Government and therefore has no specific State Project number associated with it, and 2.1. The Catalog of Federal Domestic Assistance number or CFDA number is 20.205, and 2.2. This agreement supersedes agreement number old (99924) 2.3. This project is for construction not research and development. 2.4. MnDOT requires that the terms and conditions of this agency be set forth in an agreement. AGREEMENT TERMS 1. Term of Agreement 1.1. Effective Date. This agreement will be effective on the date the MnDOT obtains all required signatures under Minn. Stat. §16C.05,Subd. 2. Upon the effective date,this agreement will supersede agreement 99924. 2. local Government's Duties 2.1. Designation. The Local Government designates MnDOT to act as its agent in accepting federal funds in its behalf made available for the Project(s). Details on the required processes and procedures are available on the State Aid Website 2.2. Staffing. 2.2.1.The Local Government will furnish and assign a publicly employed licensed engineer, ("Project Engineer"),to be in responsible charge of the Project(s) and to supervise and direct the work to be performed under any construction contract let for the Project(s). In the alternative where the Local Government elects to use a private consultant for construction engineering services,the Local Government will provide a qualified,full-time public employee of the Local Government, to be in responsible charge of the Project(s).The services of the Local Government to be performed hereunder may not be assigned, sublet, or transferred unless the Local Government is notified in writing by MnDOT that such action is permitted under 23 CFR 1.33 and 23 CFR 635.105 and state law. This written consent will in no way relieve the Local Government from its primary responsibility for performance of the work. Updated December 1, 2017 1 Page 250 of 352 ' MnDOTContract No.103D890 2.2.2. During the progress of the work on the Project(s),the Local Government authorizes its Project Engineer to request in writing specific engineering and/or technical services from MnDOT, pursuant to Minnesota Statutes Section 16l39. Such services may becovered byother technical service agreements. If MnDOT furnishes the services requested, and if MnDOT requests reimbursement,then the Local Government will promptly pay MnDOT to reimburse the state trunk highway fund for the full cost and expense offurnishing such services. The costs and expenses will include the current MnDOT labor additives and overhead rates, subject to adjustment based on actual direct costs that have been verified by audit. Provision of such services will not be deemed to make MnDOT a principal or co- principal with respect to the Project(s). � 2.3. Pre-letting. The Local Government will prepare construction contracts in accordance with Minnesota law and applicable Federal laws and regulations. 2.3.1.The Local Government will solicit bids after obtaining written notification from MnDOT that the FHWA has authorized the Pnoject(s). Any Projectb\ advertised prior toauthorization without permission will not be eligible for federal reimbursement. 2.3.2.The Local Government will prepare the Proposal for Highway Construction for the construction contract,which will include all ofthe federal-aid provisions supplied byK4nDOT. 2.3.3.The Local Government will prepare and publish the bid solicitation for the Project/s\ as required by state and federal laws.The Local Government will include in the solicitation the required language for federal-aid construction contracts assupplied byMnDOT.The solicitation will state where the proposals, plans, and specifications are available for the inspection of prospective bidders, and where the Local Government will receive the sealed bids. 2.3.4.The Local Government may not include other work in the construction contract for the authorized Project(s)without obtaining prior notification from MnDOT that such work is allowed by FHWA. Failure to obtain such notification may result in the loss of some or all of the federal funds for the Project(s).All work included in a federal contract is subject tothe same federal requirements as the federal project. 2.3.5.The Local Government will prepare and sell the plan and proposal packages and prepare and distribute any addenda, if needed. 2.3.6.The Local Government will receive and open bids. 2.3.7.After the bids are opened,the Local Government will consider the bids and will award the bid to the lowest responsible bidder, orreject all bids. |fthe construction contract contains e goal for Disadvantaged Business Enterprises,the Local Government will not award the bid until it has received certification of the Disadvantaged Business Enterprise participation from the MnDOT Office of Civil Rights. 2.3.8.The Local Government entity must disclose in writing any potential conflict of interest to the Federal awarding agency or pass through entity in accordance with applicable Federal awarding agency policy. 2.4. Contract Administration. 2.4.1.The Local Government will prepare and execute a construction contract with the lowest responsible bidder, hereinafter referred tn as the "Contractor," in accordance with the special provisions and the latest edition of MnDOT's Standard Specifications for Construction and all amendments thereto. All contracts between the Local Government and third parties or subcontractors must contain all applicable provisions nfthis Agreement, including the applicable federal contract clauses,which are identified in Appendix 11 of 2 CFR 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, and as provided in Section 18 of this agreement. 2 Page us1ofoau MnDOT Contract No. 1030090 2.4.2.The Project(s)will be constructed in accordance with plans, special provisions, and standard specifications of each Project. The standard specifications will be the latest edition of MnDOT Standard Specifications for Highway Construction, and all amendments thereto. The plans, special provisions, and standard specifications will be on file at the Local Government Engineer's Office.The plans, special provisions, and specifications are incorporated into this agreement by reference as though fully set forth herein. 2.4.3.The Local Government will furnish the personnel,services, supplies, and equipment necessary to properly supervise, inspect, and document the work for the Project(s).The services of the Local Government to be performed hereunder may not be assigned, sublet, or transferred unless the Local Government is notified in writing by MnDOT that such action is permitted under 23 CFR 1.33 and 23 CFR 635.105 and state law. This written consent will in no way relieve the Local Government from its primary responsibility for performance of the work. 2.4.4.The Local Government will document quantities in accordance with the guidelines set forth in the Construction Section of the Electronic State Aid Manual that were in effect at the time the work was performed. 2.4.5.The Local Government will test materials in accordance with the Schedule of Materials Control in effect at the time each Project was let.The Local Government will notify MnDOT when work is in progress on the Project(s)that requires observation by the Independent Assurance Inspector as required by the Independent Assurance Schedule. 2.4.6.The Local Government may make changes in the plans or the character of the work, as may be necessary to complete the Project(s), and may enter into Change Order(s)with the Contractor.The Local Government will not be reimbursed for any costs of any work performed under a change order unless MnDOT has notified the Local Government that the subject work is eligible for federal funds and sufficient federal funds are available. 2.4.7.The Local Government will request approval from MnDOT for all costs in excess of the amount of federal funds previously approved for the Project(s) prior to incurring such costs. Failure to obtain such approval may result in such costs being disallowed for reimbursement. 2.4.8.The Local Government will prepare reports, keep records, and perform work so as to meet federal requirements and to enable MnDOT to collect the federal aid sought by the Local Government. Required reports are listed in the MnDOT State Aid Manual, Delegated Contract Process Checklist, available from MnDOT's authorized representative. The Local Government will retain all records and reports and allow MnDOT or the FHWA access to such records and reports for six years. 2.4.9. Upon completion of the Project(s),the Project Engineer will determine whether the work will be accepted. 2.5. Limitations. 2.5.1.The Local Government will comply with all applicable Federal, State, and local laws, ordinances, and regulations. 2.5.2. Nondiscrimination. It is the policy of the Federal Highway Administration and the State of Minnesota that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance (42 U.S.C. 2000d). Through expansion of the mandate for nondiscrimination in Title VI and through parallel legislation,the proscribed bases of discrimination include race, color, sex, national origin, age, and disability. In addition,the Title VI program has been extended to cover all programs, activities and services of an entity receiving Federal financial 3 Page 252 of 352 MnDOT Contract No. 1030090 assistance,whether such programs and activities are Federally assisted or not. Even in the absence of prior discriminatory practice or usage, a recipient in administering a program or activity to which this part applies, is expected to take affirmative action to assure that no person is excluded from participation in, or is denied the benefits of,the program or activity on the grounds of race, color, national origin, sex, age, or disability. It is the responsibility of the Local Government to carry out the above requirements. 2.5.3. Utilities. The Local Government will treat all public, private or cooperatively owned utility facilities which directly or indirectly serve the public and which occupy highway rights of way in conformance with 23 CFR 645 "Utilities" which is incorporated herein by reference. 2.6. Maintenance. The Local Government assumes full responsibility for the operation and maintenance of any facility constructed or improved under this Agreement. 3. MnDOT's Duties 3.1. Acceptance. MnDOT accepts designation as Agent of the Local Government for the receipt and disbursement of federal funds and will act in accordance herewith. 3.2. Project Activities. 3.2.1. MnDOT will make the necessary requests to the FHWA for authorization to use federal funds for the Project(s), and for reimbursement of eligible costs pursuant to the terms of this agreement. 3.2.2. MnDOT will provide to the Local Government copies of the required Federal-aid clauses to be included in the bid solicitation and will provide the required Federal-aid provisions to be included in the Proposal for Highway Construction. 3.2.3. MnDOT will review and certify the DBE participation and notify the Local Government when certification is complete. If certification of DBE participation (or good faith efforts to achieve such participation) cannot be obtained, then Local Government must decide whether to proceed with awarding the contract. Failure to obtain such certification will result in the project becoming ineligible for federal assistance, and the Local Government must make up any shortfall. 3.2.4. MnDOT will provide the required labor postings. 3.3. Authority. MOOT may withhold federal funds, where MOOT or the FHWA determines that the Project(s) was not completed in compliance with federal requirements. 3.4. Inspection. MnDOT, the FHWA, or duly authorized representatives of the state and federal government will have the right to audit, evaluate and monitor the work performed under this agreement. The Local Government will make available all books, records, and documents pertaining to the work hereunder, for a minimum of six years following the closing of the construction contract. 4. Time 4.1. The Local Government must comply with all the time requirements described in this agreement. in the performance of this agreement,time is of the essence 4.2. The period of performance is defined as beginning on the date of federal authorization and ending on the date defined in the federal financial system or federal agreement("end date"). No work completed after the end date will be eligible for federal funding. Local Government must submit all contract close out paperwork to MnDOT,twenty four months prior to the end date. S. Payment 5.1. Cost. The entire cost of the Project(s) is to be paid from federal funds made available by the FHWA and by other funds provided by the Local Government. The Local Government will pay any part of the cost or 4 Page 253 of 352 MnDOTContract No.103809D expense of the Project(s)that is not paid by federal funds. MnDCT will receive the federal funds to be paid by the FHWA for the Project(s), pursuant to Minnesota Statutes § 161.36, Subdivision 2. MnDOT will reimburse the Local Government,from said federal funds made available to each Project, for each partial payment request, subject tothe availability and limits ofthose funds. 5.2. Indirect Cost Rate Proposal/Cost Allocation Plan. If the Local Government seeks reimbursement for indirect costs and has submitted to MnDCT an indirect cost rate proposal or a cost allocation plan, the rate proposed will beused onoprovisional basis. Atany time during the period ofperformance orthe final audit ofa project, MnDOT may audit and adjust the indirect cost rate according to the cost principles in 2 CFR Part 200. K4nDOT may adjust associated reimbursements accordingly. 5.3. Reimbursement. The Local Government will prepare partial estimates in accordance with the terms of the construction contract for the Project(s). The Project Engineer will certify each partial estimate. Following certification of the partial estimate,the Local Government will make partial payments to the Contractor in accordance with the terms of the construction contract for the Project(s). 5.3.1. Following certification of the partial estimate,the Local Government may request reimbursement for costs eligible for federal funds.The Local Government's request will be made to MnDOT and will include acopy ofthe certified partial estimate. 5.3.2. Upon completion of the Project(s),the Local Government will prepare a final estimate in accordance with the terms ofthe construction contract for the Project/s\. The Project Engineer will certify the final estimate. Following certification of the final estimate,the Local Government will make the final payment to the Contractor in accordance with the terms of the construction contract for the Project(s). 5.3.3. Following certification of the final estimate,the Local Government may request reimbursement for costs eligible for federal funds. The Local Government's request will bemade toMnDOTand will include a copy of the certified final estimate along with the required records. 5.3.4. Upon completion of the Project(s), MnDOT will perform a final inspection and verify the federal and state eligibility ofall the payment requests. If the Project is found to have been completed in accordance with the plans and specifications, MnDCT will promptly release any remaining federal funds due the Local Government for the Project(s). If MnDOT finds that the Local Government has been overpaid,the Local Government must promptly return any excess funds 5.3.5.In the event MnDOT does not obtain funding from the Minnesota Legislature or other funding source, or funding cannot be continued at a sufficient level to allow for the processing of the federal aid reimbursement requests,the Local Government may continue the work with local funds only, until such time as MnDOTisable to process the federal aid reimbursement requests. 5.4. Matching Funds. Any cost sharing or matching funds required of the Local Government in this agreement must comply with ICFR 2O0.3OG. 5.5. Federal Funds. Payments under this Agreement will be made from federal funds.The Local Government is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements including, but not limited to, 2 CFR Part 200 imposed by the Local Government's failure to comply with federal requirements. If,for any reason,the federal government fails to pay part of the cost or expense incurred by the Local Government, or in the event the total amount of federal funds is not available, the Local Government will be responsible for any and all costs or expenses incurred under this Agreement.The Local Government further agrees to pay any and all lawful claims arising out of or incidental to the performance of the work covered by this Agreement in the event the federal government does not pay the same. 5 Page us4ofoau MnDOT Contract No.1O30D90 5.6. Closeout The Local Government must liquidate all obligations incurred under this Agreement for each project and submit all financial, performance, and other reports as required by the terms of this Agreement and the Federal award,twenty four months prior to the end date of the period of performance for each project. MnDOT will determine,at its sole discretion,whether a closeout audit is required prior tofinal _payment approval. If a closeout audit is required,final payment will be held until the audit has been completed. Monitoring of any capital assets acquired with funds will continue following project closeout. 6, Conditions of Payment.All services provided by Local Government under this agreement must be performed to MnDDT`uuatisfac1ion, as determined atthe sole discretion ofK4nDOT'sAuthorized Representative and in accordance with all applicable federal,state, and local |mma,ordinances, rules,and regulations. The Local Government will not receive payment for work found by MnDOT to be unsatisfactory or performed in violation of federal,state,orlocal law. 7. Authorized Representatives 7.1. K8nDOT'sAuthorized Representative is: Name: Mitchell Rasmussen,orhis successor. Title: State Aid Engineer Phone: 651'366-4831 Email: K4itch.rasmussen@sta1e.mn.us MnDOT's Authorized Representative has the responsibility to monitor Local Government's performance and the authority toaccept the services provided under this agreement. |fthe services are satisfactory, MnDOT's Authorized Representative will certify acceptance on each invoice submitted for payment. 7.2. The Local Government's Authorized Representative is: Name:Steve Li||ehaugorhis/her successor. Title:Shakopee City Engineer Phone: 952-233-9361 Emai|:s|i!|ehaug@shakopeemn.8ov If the Local Government's Authorized Representative changes at any time during this agreement,the Local Government will immediately notifyMnD0T. 8. Assignment Amendments,Waiver,and Agreement Complete 8.1. Assignment. The Local Government may neither assign nor transfer any rights or obligations under this agreement without the prior written consent of MnDOT and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this agreement,or their successors in office. 8.2. Amendments. Any amendments to this agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement,or their successors inoffice. 8.3. Waiver. If MnDOTfails to enforce any provision of this agreement,that failure does not waive the provision orW1nDOT'sright 10subsequently enforce it. 8.4. Agreement Complete. This agreement contains all negotiations and agreements between MnDOT and the Local Government. Noother understanding regarding this agreement,whether written ororal, may beused tnbind either party. 6 Page us5ofoau K4nDOTControct No. 1030090 8.5. Severability. if any provision of this Agreement or the application thereof is found invalid or unenforceable to any extent,the remainder of the Agreement, including all material provisions and the application of such provisions, will not be affected and will be enforceable to the greatest extent permitted by the law. 9. Liability and Claims 91 Tort Liability. Each party is responsible for its own acts and omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of any others and the results thereof. The Minnesota Tort Claims Act, Minnesota Statutes Section 3735, governs MnDOT liability. 9.2. Claims. The Local Government acknowledges that MnDOT is acting only as the Local Government's agent for acceptance and disbursement of federal funds, and not as a principal or co-principal with respect to the Project. The Local Government will pay any and all lawful claims arising out of or incidental to the Project including, without limitation, claims related to contractor selection (including the solicitation, evaluation, and acceptance or rejection of bids or proposals), acts or omissions in performing the Project work, and any ultra vires acts. The Local Government will indemnify, defend (to the extent permitted by the Minnesota Attorney General), and hold MnDCT harmless from any claims or costs arising out of or incidental to the Pnjectb\, including reasonable attorney fees incurred byK4nDOT. The Local Government's indemnification obligation extends to any actions related to the certification of DBE participation, even if such actions are recommended bvMnDOT. 10. Audits 10.1. Under Minn. Stat. § 16C.05, Subd.5, the Local Government's books, records, documents,and accounting procedures and practices of the Local Government, or other party relevant tothis agreement or transaction, are subject to examination by MnDOTand/or the State Auditor or Legislative Auditor, as appropriate,fora minimum of six years from the end of this agreement, receipt and approval of all final reports, or the required period oftime tosatisfy all state and program retention requirements,whichever islater. The Local Government will take timely and appropriate action on all deficiencies identified by an audit. 10.2. All requests for reimbursement are subject to audit, at MnDOT's discretion. The cost principles outlined in 2 CFR 200.400-.475 will be used to determine whether costs are eligible for reimbursement under this agreement. 10.3. If Local Government expends$750,000 or more in Federal Funds during the Local Government's fiscal year, the Local Government must have a single audit or program specific audit conducted in accordance with 2 CFR Part 2U0. 11. Government Data Practices.The Local Government and MnDOT must comply with the Minnesota Government Data Practices Act, , asitapplies toall data provided by ��nDOTunder this agreement, and asit applies to all data created, collected, received, stored, used, maintained, or disseminated by the Local Government under this agreement.The civil remedies ofMinn. Stat. apply to the release of the data referred to in this clause by either the Local Government or MnDOT. 12. Workers Compensation.The Local Government certifies that itisincompliance withMinn. Stat J.176 1815ubd. Z, pertaining toworkers' compensation insurance coverage. The Local Government's employees and agents will not beconsidered MnDOTemployees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way MnDOT's obligation or responsibility. 13. Governing Law,Jurisdiction,and Venue. Minnesota law,without regard to its choice-of-law provisions, governs this agreement. Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14. Termination;Suspension 7 Page ussofoau MnDOT Contract No. 1030090 14.1. Termination by MnDOT. MnDOT may terminate this agreement with or without cause, upon 30 days written notice to the Local Government. Upon termination,the Local Government will be entitled to payment, determined on a pro rata basis,for services satisfactorily performed. 14.2. Termination for Cause. MnDOT may immediately terminate this agreement if MnDOT finds that there has been a failure to comply with the provisions of this agreement,that reasonable progress has not been made, that fraudulent or wasteful activity has occurred, that the Local Government has been convicted of a criminal offense relating to a state agreement, or that the purposes for which the funds were granted have not been or will not be fulfilled. MnDOT may take action to protect the interests of MnDOT of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. 14.3. Termination for Insufficient Funding. MnDOT may immediately terminate this agreement if: 14.3.1. It does not obtain funding from the Minnesota Legislature; or 14.3.2. If funding cannot be continued at a level sufficient to allow for the payment of the services covered here.Termination must be by written or fax notice to the Local Government. MnDOT is not obligated to pay for any services that are provided after notice and effective date of termination. However,the Local Government will be entitled to payment, determined on a pro rata basis,for services satisfactorily performed to the extent that funds are available. MnDOT will not be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. MnDOT will provide the Local Government notice of the lack of funding within a reasonable time of MnDOT's receiving that notice. 14.4. Suspension. MnDOT may immediately suspend this agreement in the event of a total or partial government shutdown due to the failure to have an approved budget by the legal deadline. Work performed by the Local Government during a period of suspension will be deemed unauthorized and undertaken at risk of non-payment. 15. Data Disclosure. Underor��� tm l ) aa, Subd. 3, and other applicable law,the Local Government consents to disclosure of its social security number,federal employer tax identification number, and/or Minnesota tax identification number, already provided to MnDOT,to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Local Government to file state tax returns and pay delinquent state tax liabilities, if any. 16. Fund Use Prohibited.The Local Government will not utilize any funds received pursuant to this Agreement to compensate, either directly or indirectly, any contractor, corporation, partnership, or business, however organized, which is disqualified or debarred from entering into or receiving a State contract. This restriction applies regardless of whether the disqualified or debarred party acts in the capacity of a general contractor, a subcontractor, or as an equipment or material supplier. This restriction does not prevent the Local Government from utilizing these funds to pay any party who might be disqualified or debarred after the Local Government's contract award on this Project. 17. Discrimination Prohibited by Minnesota Statutes§181.59.The Local Government will comply with the provisions of Minnesota Statutes §181.59 which requires that every contract for or on behalf of the State of Minnesota, or any county,city, town,township, school, school district or any other district in the state, for materials, supplies or construction will contain provisions by which Contractor agrees: 1)That, in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no Contractor, material supplier or vendor, will, by reason of race, creed or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates; 2)That no Contractor, material supplier, or vendor, will, in any manner, discriminate against, or 8 Page 257 of 352 ` MnDOTContract No.1038D90 intimidate, or prevent the employment of any person or persons identified in clause 1 of this section, or on being hired, prevent or conspire to prevent,the person or persons from the performance of work under any contract on account ofrace, creed orcolor; 3)That a violation of this section is a misdemeanor; and 4)That this contract may be canceled or terminated by the state of Minnesota, or any county, city,town, township, school, school district or any other person authorized to contracts for employment, and all money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this Agreement. 18. Appendix U2CFRPart 200 Federal Contract Clauses.The Local Government agrees to comply with the following federal requirements as identified in2CFR 20U, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, and agrees to pass through these requirements to its subcontractors and third partycontractors, asapp|icob|e. |naddition,theLooa| Bovernmentsha|| haveLhesamemeaninKas "Contractor" in the federal requirements listed below. 18.1. Remedies. Contracts for more than the simplified acquisition threshold currently set at$lS0,088,which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties aoappropriate. 18.2. Termination.All contracts in excess of$10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. 18.3. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment OppoMLunity^ (30FRl2319, l2935, ] CFR Part, 1964-1965Comp, p. 339), asamended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and imp|ementingveDu|atiunsa141CFRparL6U, "OfficeofFedera| ContractComp|ianoePrograms, Equa| Employment Opportunity, Department ofLabor." 18.4. Davis-Bacon Act,asamended. (48U.S.C. 3141-3148)When required byFederal program legislation, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act(4OU.3I. 3141']I44, and 314G-3148) assupplemented by Department of Labor regulations (29 CFR 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics ata rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week.The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation.The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination.The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.The contracts must also include a provision for compliance with the Copeland "Anti-Ki ckba c k" Act(40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States").The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled.The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. 183. Contract Work Hours and Safety Standards Act. (40 U.S.C. 3701-3708) Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of$100,000 that involve the employment of mechanics or laborers must include a provision for 9 Page usnofoau ' MnDOTContract No.1D300y90 compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.These requirements do not apply to the purchases of supplies or materials or articles ordinarily available onthe open market, orcontracts for transportation ortransmission ofintelligence. 18.6. Rights toInventions Made Under a Contract orAgreement. |fthe Federal award meets the definition of "funding agreement" under 37 CFR§401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assi0nmentorpedbrmanceofexperimenta|, deve|opmen1a[ orreoearchvvorkunder1hat"fundinQ agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 18IClean Air Act(42U.5.C. J4O1'7671q.) and the Federal Water Pollution Control Act (33U.S.C. 1261-1B87), as amended. Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requiresthenon'Federa| avvardtoa8neetocomp|yvvithaUapp|icab|estandards,ordersorreOu|ations issued under the Clean Air Act (42U.SZ. 740l-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).Violations must be reported to the Federal awarding agency and the Regional Office ofthe Environmental Protection Agency(EPA). 18.8. Debarment and Suspension. (Executive Orders 12549 and 12689) A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 1254g (3CFR part 1986[omp, p. 189) and 12G8B (3CFR part l989Connp, p. 235), "Debarment and Suspension." 34K4 Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 28.9. Byrd Anti'Lobbvin0Anmendmnent. (31 U.S.C. 1352) Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds Lo pay any person ororganization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered bv31U.SI. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier uptothe non-Federal award. 18.10. Procurement ofRecovered Materials. See 2 [FR 200.322 Procurement of Recovered Materials. 18.11. DruQ'FreeVVorkp|aue. |naccordance with 2C.F.R. §32.400,the Local Government will comply with the Drug-Free Workplace requirements under subpart Bof49LF.R. Part 32. 18.12. Nondiscrimination. The Local Government hereby agrees that, as a condition of receiving any Federal financial assistance under this agreement, it will comply with Title VI of the Civil Rights Act of 1964 (78 Stat. 2S2,42U.Sl. g2OOOd), related nondiscrimination statutes (i.e, 23U.S.C. § 3Z4,Section SU4ofthe Rehabilitation Act of 1973 as amended, and the Age Discrimination Act of 1975), and applicable regulatory requirements to the end that no person in the United States shall, on the grounds of race, color, national origin, sex, handicap, or age be excluded from participation in, be denied the benefits of, or otherwise be 10 Page useofoau MnDOTContract No.1D30D90 subjected to discrimination under any program or activity for which the Local Government receives Federal financial assistance. The specific requirements of the Department of Transportation Civil Rights assurances (required by 49 C.F.R. §§ 21.7 and 27.9) are incorporated in the agreement. 18.13. Federal Funding Accountability and Transparency Act (FFAT4). 18.13.1. This Agreement requires the Local Government to provide supplies and/or services that are funded in whole or in part by federal funds that are subject to FFATA.The Local Government is responsible for ensuring that all applicable requirements, including but not limited to those set forth herein, of FFATA are met and that the Local Government provides information to the MnDOT as required. a. Reporting ofTotal Compensation ofthe Local Government's Executives. b. The Local Government shall report the names and total compensation of each ofits five most highly compensated executives for the Local Government's preceding completed fiscal year, if inthe Local Government's preceding fiscal year itreceived: i. 80 percent or more of the Local Government's annual gross revenues from Federal procurement contracts and Federal financial assistance subject to the Transparency Act, asdefined at2CFR 17U.32O (and subavvards\; and ii. $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subavvords); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934(15 U.S.C. 78m/a\, 78o(d))or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, seethe U.S. Security and Exchange Commission total compensation filings at ). Executive means officers, managing partners, or any other employees in management positions. C. Total compensation means the cash and noncash dollar value earned by the executive during the Local Government's preceding fiscal year and includes the following (for more information see l7CFR 229.4O2(d/ZU: i Salary and bonus. ii Awards of stock,stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 20O4) (FAS 123R),3haredBasedPaymento� � � iii. Earnings for services under non-equity incentive plans.This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor ofexecutives, and are available generally toall salaried employees. iv. Change in pension value.This is the change in present value of defined benefit and actuarial pension plans. V. Above-market earnings on deferred compensation which is not tax qualified. / 11 MnDOT Contract No. 1030090 18.13.2. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property)for the executive exceeds$10,000. 18.13.3. The Local Government must report executive total compensation described above to the MnDOT by the end of the month during which this agreement is awarded. 18.13.4. The Local Government will obtain a Data Universal Numbering System (DUNS) number and maintain its DUNS number for the term of this agreement. This number shall be provided to MnDOT on the plan review checklist submitted with the plans for each project. More information about obtaining a DUNS Number can be found at Itt1?wf 18.13.5. The Local Government's failure to comply with the above requirements is a material breach of this agreement for which the MnDOT may terminate this agreement for cause. The MnDOT will not be obligated to pay any outstanding invoice received from the Local Government unless and until the Local Government is in full compliance with the above requirements. [THE REMAINDER OF THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK] 12 Page 261 of 352 K4nD0TContract No.1D3{X}90 City ofShakopee DEPARTMENT OFTRANSPORTATION Local Government certifies that the appropriate person(s) have executed the contract onbehalf ofthe Local Government as required byapplicable articles, bylaws, resolutions orordinances By: By: Title:— Title: Date: Date: COMMISSIONER OFADMINISTRATION By: By: � Title:— Date: Date: Updated December l, 2O17 13 7.A. pbllakA Shakopee City Council April 3, 2018 FROM: Lori J. Hensen, City Clerk TO: Mayor and Council Members Subject: Approval of a currency exchange license for Excel Pawn Inc. Policy/Action Requested: Approve Resolution R2018-034, a resolution approving the application of Excel Pawn Inc. dba Excel Pawn & Jewelry, 450 West First Avenue, for currency exchange license. Recommendation: Approve the above motion. Discussion: City Council is asked to conduct a public hearing on the application for renewal of a currency exchange license for Excel Pawn Inc. The license allows them to engage in the business of cashing checks, drafts, money orders, or traveler's checks for a fee. The license is issued by the State of Minnesota. Current law requires that the local municipality approve or deny the issuance of a license, after published notice and a public hearing. The applicant has provided the State with the required $10,000 currency exchange surety bonds. The Chief of Police has advised that he is unaware of any reason for the city to object to the granting of a currency exchange license to Excel Pawn Inc. dba Excel Pawn & Jewelry located at 450 West First Avenue. Budget Impact: ATTACHMENTS: D R2018-034 Page 263 of 352 RESOLUTION R2018-034 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, CONCURRING WITH THE MINNESOTA COMMISSIONER OF COMMERCE IN ISSUING THE LICENSE OF EXCEL PAWN INC OF SHAKOPEE FOR A CURRENCY EXCHANGE LICENSE WHEREAS, Minnesota Statutes, Section 53A.04 states that the Minnesota Commissioner of Commerce may not approve the issuance of a currency exchange license without the concurrence of the City Council; and WHEREAS, Excel Pawn Inc. dba Excel Pawn & Jewelry has applied for a currency exchange license for a location at 450 West First Avenue; and WHEREAS, the City has given published notice of its intention to consider this issue, has solicited testimony from interested persons, and finds no basis to object to the Commissioner of Commerce issuing the license. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the City Council concurs in the Commissioner of Commerce's decision to issue a currency exchange license to: Excel Pawn Inc. dba Excel Pawn & Jewelry, 450 West First Avenue Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 3rd day of April 2018. Mayor ATTEST: City Clerk Page 264 of 352 10.A.1. pb"IA ' AKOFT. 7, Shakopee City Council April 3, 2018 FROM: Michael Kerski, Director of Planning and Development TO: Mayor and City Council Subject: Ordinance No. 02018-003 amends the Landscape Code, Screening and Tree Preservation sections to change landscaping calculations, tree replacement and screening. Policy/Action Requested: Approve Ordinance No. 02018-003 to modify the Landscape Code, Screening and Tree Preservation sections Recommendation: Approve Ordinance No. 02018-003 Discussion: The landscaping and tree replacement regulations have been modified over many years. The proposed changes are designed to address a number of issues that have arisen in application of the code along with comments received from both the development community and also residents. Some of the major changes are: • Setting buffer standards between uses. This has been an ongoing issue and has been done on case by case basis. This sets standards that everyone can look to for guidance. • Changing the landscape code to allow for trees per parking space versus square footage of the lot. This allows tree to be incorporated into landscape islands in the parking lots. • Eliminating the requirement to measure building area by total floor area. This has been problematic in multifamily and commercial since it significantly increased the landscaping requirements to the point of there were no locations for the plants. The new buffer requirements should provide certainty of requirements between uses. • Providing a much larger incentive for saving significant trees. • Eliminates diseased or scrub trees from the replacement requirement • Provides drawings and diagrams to assist in defining what is required by the code. • Provides tables to explain requirements. • Eliminates the financial security requirements for upfront escrows. Requires escrows Page 265 of 352 only if work is not completed and if Certificate of Occupancy is needed and also allows for right of entry to do work should the escrow funds have to be used. This was unanimously recommended for approval by the Planning Commission. The Commission noted that this has been a complex discussion for years in the community and this is a major step forward in clarifying the rules and also sets the community expectations for better use of landscaping to buffer between uses and to provide landscaping in parking lots that often appear to be a sea of asphalt. Budget Impact: ATTACHMENTS: D Proposed changes to text redline D Clean copy of final ordinance Page 266 of 352 ORDINANCE NO. 02018-003 AN ORDINANCE OF THE CITY OF SHAKOPEE AMENDING TITLE XV OF THE CITY CODE BY MODYIFYING THE SCREENING,LANDSCAPING AND TREE PRESERVATION SECTIONS THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: 151.111 SCREENING. (A) Whenever required, screening shall be accomplished through the use of landscaping, topography, site planning, or construction materials. Screening shall provide an opaque obstruction to view. All construction materials used shall be of good quality and compatible with the materials of the principal structure. Chain link fencing interwoven with slats shall not be allowed as a screening material. Landscaping materials utilized for screening shall be healthy specimens of hardy species appropriate for the purpose. All screening shall be maintained in good condition or repair and shall be replaced when it no longer serves its intended function. (B) Screening shall be accomplished in accordance with the following: (1) All exterior storage permitted by this chapter shall be screened, except for the following: goods being displayed for sale, materials and equipment being used for construction on the premises, merchandise located on gas station pump islands, and accessory uses in residential zones (except parking facilities as specified below); (2) Off-street parking facilities in the Medium-Density Residential (R-2) and Multiple- Family Residential (R-3/R-4) Zones shall be screened whenever the parking facility contains more than 4 parking spaces and is within 30 feet of a lot line, and whenever the driveway to a parking facility of more than 6 parking spaces is within 15 feet of a lot line by landscaping and where practicable, berming_; (3) Parking facilities within any required front yard setback shall be screened to a height of 3 feet by landscaping and where practicable, berming or low wall; (4) Screening shall be required in all business and industry zones whenever any business or industrial use is adjacent to or across a street from property zoned or developed for residential use; 5) Screening shall be required between any multifamily complex and single family prY a e�rt ies (-56) All roof top mechanical equipment shall be totally screened from view from adjacent properties and existing and planned streets,painted to match or complement the building, or incorporated into an architectural design which is aesthetically compatible with the building; (-07) Refuse containers in business and industry zones which are visible from existing or planned streets, residential areas, institutional uses, or places of public assembly shall be screened to a height of 6 feet and be fully enclosed; (�8) Loading and service areas located between a street and a building in any commercial or industry zone shall be screened to a height of 4 feet; and (�9) When commercial or industrial development abuts existing residential development or residentially zoned properties, the Nonresidential development shall provide one of the following screening treatments along all lot lines abutting single-family detached dwellings: Page 267 of 352 (a) Buffer yard with a minimum width of five feet that includes a solid masonry wall measurina at least six feet in height and canopy trees planted along the outside perimeter with a maximum on-center spacing of 20 feet; or (b) Buffer yard with a minimum width of ten feet that includes an alternating double row of various evergreen shrubs and may include a berm to achieve a minimum height at time of planting of six feet, planted a maximum of 60 inches on-center per the table of approved Plant materials or spacing on industry Plant standards; or (c) Buffer ,yard with a minimum width of 20 feet that includes vegetative screening meeting the following standards per 100 linear feet and the requirements. Eiaht canoov trees (at least two evergreen); and ii. Four understory trees at least one evergrecnA-...and..iii....25 shrubs (at least 16 evergreen shrubs). "esefeening-at -affi.i.n.i.. Iliesefeenifigeatil- ---f ae6omplished "I"wetigh beff.mint,-1-Vill.h. vl-lofy deef-duees and eoni.lielfotts landse-almin-E-1—4� of topogfaphy Fes;A idefitial development of fesidentfally zoned pfopef6es, ttaless othefw.;se appfove-I by the G-ity clo�. (d) Additional Buffer yard is not required when residential uses are separated from other uses by a public street. Ordinary landscaping requirements must still be met. Page 268 of 352 Soeening Option1 r ( F 'mi ( r wWth y� ,f.11.11,11,111,11-1111.1- � �avw o�h, �H�w� w�wr f �u�j' fo hwlWlM "` mmN " Screeninq Optlon 2(Ht e) 6151h,1111141 WINE f(� ;,(� ; � � � � o� ;�;� /; �v � � �P ,w,� � � r h ' ' ;/! � ✓� c ��, rr 'wa '� ��'' 03 , llvro0, 0 GO 0 7 Inn.w id1h,, f 6u rylax, Screening Option 3(P nc,U 2ily mill, u� (2013 Code, § 11.60) (Ord. 1,passed 4-1-1978; Ord. 31,passed 10-25-1979; Ord. 96, passed 11- 11-1982; Ord. 132,passed 9-22-1983; Ord. 158,passed 1-31-1985; Ord. 246,passed 6-17-1988; Ord. 253,passed 10-14-1988; Ord. 259,passed 11-11-1988; Ord. 272,passed 8-25-1989; Ord. 338,passed 8-6-1992; Ord. 377,passed 7-7-1994; Ord. 434,passed 11-30-1995; Ord. 430, passed 2-1-1996; Ord. 563, passed 11-25-1999; Ord. 631,passed 6-27-2002; Ord. 815,passed 3- 26-2009) „ § 151.112 LANDSCAPING AND CONNECTION REQUIREMENTS. Page 269 of 352 Landscaping shall be required in all residential, commercial, and industrial zones. (A) Definitions. For this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. EXTERIOR SIDEWALK CONNECTION. A sidewalk or trail which connects the interior sidewalk or trail network to a required or existing public sidewalk or trail. GROSS FLOOR AREA. The total floor area for every floor inside the building envelope, including the external walls, and excluding the roof INTERIOR SIDEWALK CONNECTION. A sidewalk or trail network which is within a development project to connect multiple businesses, or parking facilities to primary entrances or privately owned open space areas. SIDEWALK. A finished hard surface with a width of at least 5 feet. TRAIL. A finished hard surface or a firm and stable natural surfacing material with a width of at least 8 feet. (B) Landscaping materials. (1) For all single-family residential uses in the R-1 A, R-113, R-IC, R-2 and Planned Residential District, the following landscaping materials shall be provided prior to the issuance of a final certificate of occupancy: (a) Placement of at least 6 inches of topsoil meeting requirements set in division (N) below; (b) Each single family lot shall have a minimum of two street trees in the boulevard or if not feasible, ef-2 non-ornamental trees (planted or preserved), in the front yard. In R-1 A, 3 non- ornamental trees (planted or preserved) must be placed in the front yard. If trees cannot be placed in the front yard due to easements or spacing, trees shall be placed in the rear yard; (c) Sod shall be placed in the front yard, and (d) The side yards and rear yard shall be seeded. (2) Native plants may be substituted for sod or seeding as long as they meet the requirements set in§-1344- the city native landscape plant list (see city website) (C) Landscape requirements for residential, business, and industrial uses. For all residential uses containing 6 or more dwellings, and for all business and industrial uses, at least 15% of the lot area shall be landscaped with grass, shrubs and trees per the required table. The landscaping shall be concentrated between the principal structure and any adjacent street right-of-way or other areas of the lot which are visible from a street. Street trees shall be placed every forty(40) feet or if not pennitted, tree shall be Placed in the front yard. Building Footprint.Area Required Landscaping First 10,000 Square-feet 2 trees / 1,000 SF 10,001 to 50,000 Square-feet Additional 1.5 trees / 1 000 SF 50,0001 to 100,000 Square-feet Additional 1 tree/ 1,000 SF 100,001 Square-feet and Greater Additional 1 tree/ 1,500 SF Maximum Number of Ornamental 25% of required landscaping Trees trees r_f eaeh 1,4P_01 squafe feet of gfoss goof afea up to 111,W"I squafe Peet. An a,1,1;+; --of 7 7 000 an—tip 1itional unit of landseaping shall be Fequife_ F eaeh 1,000 .,1__.e4-&e4 7 Page 270 of 352 9 landseaping shall 101-L-1- ULLIU ��L -LL 0%lu"L, L—L ML .,eef afea-ove.- T11,11 (4�_) Impervious areas. In addition to landscaping units required for gross building area, for projects with impervious areas which exceed 4,000 square feet, one shade tree shall be required for each 4,000 square feet of impervious area. When calculating the required landscaping, square feet shall be rounded up to the nearest 1,000 square feet and pervious pavement shall be excluded. (FE) Parking facilities. A portion of the required landscaping shall be placed in a parking facility containing more than X9-25 parking spaces in accordance with the following minimum landscaping requirements. (1) At least 1 deciduous shade tree shall be planted for every ten spaces. (2) Landscape islands shall meet the following requirements: (a) Contain at least one shade tree; (b) Provide the appropriate available rooting space listed in division (H) below; (c) A minimum of 10 feet wide; (d) Curbed around all outside corners/radius of end caps and extending 10 feet from the corner/end of the radius; (e) Concrete ribbon curbing must be provided on any paved edge which is not curbed; and (f) Proper drainage must be provided within landscape islands which allow storm water flow into the island. (3) Non-permanent car stops and asphalt curbing shall not be used. (4) (a) Example. �� ENDCAP ISLAND � t CORNIER ISLAND MAXIMUM INTERVAL 6 THE LARGEST' NUMBER INHWOR OF FIARKING SPACES PARKING LOT' �SILAND ALLOWED BETWEEN Page 271 of 352 P-- -Fotal la*-'seaping Fe"IFO—— Fe"IFe— an-seapi —64 A -P-- -Juffe- ve *Feas. (c) Trees needed. Number of trees needed to be placed within the parking area equals l tree for every ten (10) spaces Mus street trees and perimeter landscapin (qF) Minimum size requirements. (1) Landscaping materials must meet the following minimum size requirements: (a) Deciduous trees: Two and a half inch caliper for commercial/industrial and 2 inch for single family residential; (b) Coniferous trees: 56 feet in height; (c) Shrubbery: 5 gallons; and (d) Native plants: 800 square feet. (2) Each of the above shall constitute one unit of landscaping. Not more than 50% of the landscaping units required by this section shall be composed of shrubbery and no more than 25% of the trees may be made of ornamental species. (RG) Planting Space Soil Cubic Feet Maximum Maximum Volume Required Depth for Compaction Volume Calculation Page 272 of 352 One Tree 700 3 feet 200 PSI or 80% Standard Proctor Two Trees 1000 3 feet 200 PSI or 80% Standard Proctor V e �V L squafe � W E doepl of a-Va. _".e fe Eflig Spaee �Wf a sHigle 1,fee of 700 eubui-V t 233 s"afe et et eepl pef w a -fee4 feeting spaee s..a.. flet e ea.etf—e. as oeepef th et��seiils --paeted QAO/. -oF- beyoft, VO—aft-fif feetet 2— (IH) Allowable trees. Landscaping trees shall not be any species presently under disease or insect epidemics, considered invasive, or a species that composes a high percentage of the city's urban forest without prior written approval from the city. Recommended species can be found in theon the city's website, shakopeemn.aov under C4Y-!S Forestry Specification Manual. (�I) Tree diversity. if thefe aFe g-Featef than of equal to 30 kees aFe feqw A, dwy shall be ifed (A)O/ --P 3 1 0/ e. one Diversity for Reguire d Maximum tits Replacement Trees species 10% Genus 20% Family 00/0 If less than 30 trees are required, one species shall make up no more than one-fourth of the total and meet the requirements set in the Forestry Specifications Manual on the citv website. (KJ) Trees location. Trees shall not be planted in a location that will interfere with other infrastructure or be in extreme competition for resources with other trees at maturity. (] K) Landscaping credit. (1) If healthy landscaping of acceptable species and location exist on a site prior to development and is preserved, the city's Natuf"esoufees —IT-- oft ident...the-Zoning Administrator may allow credit for such landscaping to meet up to 30% of the units f) + trees required--fef-g+ess4loof-afea-&*. GfeditS Wff. be ap 1, - a an e"a.peAHOR 0. Othef laft-h—"-0-11; 11 - +I,- (2) Credit may be given based on the follo ing(defifli4ions found ift 1§ 1 1z 1 1 1 11 Y_% Preserved Trees: Tree Credit: Excluded Tree No credit Common Significant Tree > 6 inches I tree Exceptional Significant Tree >4 inches 4 trees High Priority Tree > 15 inches 8 trees ka, 0 it e i wee. I URA of flew 1—d—F...E_ -pean" L Off e-ppeser+,ed e�veeptienal S_ 611ujuedflt` ttaits of ne-N. and kej . Feserved4fig.h.prier"Y W Page 273 of 352 , 1� (4L) Pedestrian sidewalk system in Commercial and Industrial Zones. In all zoning districts the pedestrian sidewalk system shall meet the following standards. (1) In retail center developments, interior sidewalk connections are required between each building. (2) A pedestrian island or walkway at least 5 feet in width shall be required for all parking facilities which have ° parking spaces greater than 250 feet from a main entrance to a building and in accordance with the following: (a) A pedestrian island or walkway shall be provided to separate pedestrian traffic and vehicular traffic. (b) A pedestrian island or walkway must provide pedestrian access spanning in a generally direct route from main entrance to the furthest drive aisle within a parking facility. City staff may allow pedestrian walkways or islands to be of a reduced length if other adjacent sidewalks and trails outside of the parking area allow pedestrians access to a main entrance of a building. (c) Pedestrian islands or walkways which are adjacent to handicapped (ADA compliant) parking shall provide ADA compliant pedestrian ramps or be at the same elevation as the parking and loading area. (d) The pedestrian island shall be landscaped in accordance with the requirements for landscape islands and parking lots. (e) Pedestrian islands and walkways shall be designed to limit vehicle encroachment into walkway area, either by 2 feet setback from parking lot to walkway edge or a physical barrier such as but not limited to: curbing, trees, shrubs, or bollards. (3) An exterior sidewalk connection is required for all sites which have existing and/or required public sidewalks, adjacent trails,parks, or greenways. (4) Where pedestrian islands and walkways cross drive aisles, crossing areas shall be clearly designated by striping or differentiated paving material. > s �pd'1 s � es Page 274 of 352 (N_) Topsoil. Topsoil in landscaped areas shall be at least 6 inches in depth and a sandy loam, silt loam, loam, or sandy clay consisting of no more than 65% sand, 1.5% to 10% organic matter, a pH of 4.5 to 6.8, soluble salts less than 2 mmhos/cm, free of chemical contaminants, and not compacted beyond 80% of Standard Proctor or 200 PSI. Subsoil shall be scarified before topsoil is spread. Soil shall be generally free of debris such as large rocks and fragments of wood. (Cllr) -Financial security. Ltj_ +-)—The city shall require submission of a financial security in form of a cash escrow, or other form of security that the city deems acceptable, in the amount of 150% of the total tree replacement estimate, wlfie. s .„n,a in t,e .e sehedfileat $400 per replacement tree or as is updated from time to time in the city's fee schedule. (2) The city shall require a landscaping escrow prior to issuance of any certificate of occupancy including temporary or permanent if landscapes work is not completed. The escrow amount shall be 150% of the contract value as reviewed and approved by the city. The landscape escrow agreement shall also include a right of entry for the city to install landscaping using the escrow if it is not completed or if plantings die within six months or next rowing cycle of TCO or permanent CO. a — (a) The financial security shall be collected at the I file 6 ti fig Peffiftit before the grading permit is issued for tree replacement and prior to TCO or CO if all the landscaping is completed. , — he disefet.on 0. MY ..y Feqti;4:e-1 17- e eolleete-1 at the (b) All required landscaping plants must be warranted for two years to guarantee survival. The warranty period shall begin upon inspection and acceptance by city staff of the installed plants for proper planting, size, species, health, and location, and if at any time during the warranty period the plants are found to be unhealthy by city staff, they are required to be replaced with the same size and species by the applicant at the soonest appropriate planting time. 1. For commercial/industrial sites and residential developers, up to 75% of the financial security may be returned upon inspection and acceptance by the city of installed plants and upon the submittal of a city-approved two-year warranty from the landscape contractor who installed the plants. This warranty must cover plant health issues relating to excess or insufficient water. The remaining financial security will be held by the city for 2 years. When reducing the financial security, 75%will be returned unless city staff feels the trees have a heightened risk of failure. 2. For builders of individual residential lots in a subdivision who receive a two-year warranty from the landscape contractor who installed the plants, up to 100% of the financial security may be returned upon: a. Inspection and acceptance of installed plants by the city; and b. Providing the lot buyer with the copy of the 4-2 year warranty from the landscape contractor and contact information to make a claim on the warranty. Page 275 of 352 (3) (a) If the financial security has not been returned in full after the inspection of the installed trees, at the end of a two-year warranty period the applicant shall schedule a final inspection with city staff. (b) Prior to the inspection, the applicant shall confirm the following conditions are met: 1. All trees have 1 dominate leader, are free of deadwood, and injured branches; 2. All tree wrap is removed; 3. All stakes and wires are removed; and 4. Plants are in leaf. (c) At the time of final inspection the city shall decide to: 1. Refund the financial security in full; or 2. Require the installation of new plants to replace what did not survive or are declared unhealthy by city staff. If 25% or more of the plants are required to be replaced, the appropriate amount of financial security may be held for an additional 2 years for said plants. (4) The financial security will be used by the city only if the applicant does not install the plants required in this division (P). The owner/builder/developer grants the city access to its pr= open to o replace required place using the financial security that has been provided if plants are not replaced within 60 days or such time as negotiated by city staff. (P) Effective date. This section becomes effective from and after its passage and publication. (Ord. 1,passed 4-1-1978; Ord. 31,passed 10-25-1979; Ord. 96, passed 11-11-1982; Ord. 132, passed 9-22-1983; Ord. 158, passed 1-31-1985; Ord. 246,passed 6-17-1988; Ord. 253,passed 10-14-1988; Ord. 259,passed 11-11-1988; Ord. 272, passed 8-25-1989; Ord. 338,passed 8-6- 1992; Ord. 377,passed 7-7-1994; Ord. 434,passed 11-30-1995; Ord. 430, passed 2-1-1996; Ord. 487,passed 7-10-1997; Ord. 815,passed 3-26-2009; Ord. 884, passed 5-20-2014; Ord. 923, passed 11-17-2015) § 151.113 TREE PRESERVATION REGULATIONS. (A) Purpose. The city regards natural features such as woodlands and bluffs as part of the community's identity, attracting residents and businesses to the area. City Council recognizes that not protecting these assets would have a quantifiable economic, social, and environmental loss. An objective of the city's comprehensive plan is to preserve, enhance, and maintain natural wooded areas within the city. This section aims to achieve this objective by encouraging responsible land development through rewarding those who use creative site design and minimize the impact to existing landscape and neighborhood character. (B) Regulations. (1) The following requirements and standards shall apply t any tree removal including, a preliminary plat, final plat, minor subdivision, building permit, demolition permit, conditional use permit, variance, or grading permit is required by the city on any parcel of land containing a significant tree. The city is authorized to deny or revoke any permits extended by the city for individuals or organizations in violation of this section. .-tifid it the aallu Z5 fidustfiat m n l<Ar5 Page 276 of 352 (C) Applicability. The following developments of weetAlfta.4 areexempt from the requirements for a wee land all.efal". FVM+4tree replacement: (1) Any weed4aftd-ft1tet4iEffialteration of the tree-canopy taking place on a residential property less than 2-1/2 acres in size other than for an initial dwelling; (2) Home gardens or an individual's home landscaping, repairs, and maintenance work; (3) Existing agricultural, horticultural, or silvicultural operations. Expansions of existing Al 4 agricultural operations will be subject to the requirements e4u4uhre-wee a.1efn--46fi peffiiitfor tree replacement; (4) Emergency work to prevent or alleviate immediate damages to life, limb, property, or natural resources. In such event, if a woodland altefation pefa+i4tree replacement had been required but for emergency, the obligations of this division (C) shall apply and shall be performed at the earliest reasonable time thereafter; (5) Maintenance of existing infrastructure by the city is exempt from the requirements of this section. (D) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. APPLICANT. Any person submitting an application to the city for weed4aa&-r�- any activity for which a preliminary plat, final plat, minor subdivision, building permit, demolition permit, conditional use permit, variance, or grading permit is required on land containing a significant tree. BASIC INFRASTRUCTURE. Includes roads, streets, sidewalks, rights-of-way, sanitary sewer, storm sewer, septic tanks, drain fields, water, natural gas, electric, cable television service, drainage ways, and storm ponds. BUILDABLE LAND. Any land not considered a wetlandoreasement as defined in 4-54-.40-2cily _��ode or a bluff impact zone as defined in the natufal Fesoufee design criteria. BUILDING PARAMETER. The footprint of a building or structure with a distance not to exceed 20 feet in each direction thereof. The area of disturbance on either side of a driveway, when added together, shall not exceed 20 feet. CALIPER INCH. The measurement of a tree trunk measured at 64*ehes4.5 feet above the root ball. COMMON TREE. Any of the following trees:J&o*-e1d,-+; poplar; silvef maple; red maple; ash; elm; cedar;; mulberry; balsam fir; birch; pine; spruce; tamarack; black locust; or other fast growing deciduous trees not listed as an exceptional tree. Trees that are not included in overall tree inventory and are not required to be replaced are Ash, buckthorn, Willow, fruit trees Cottonwood CONTIGUOUS WOODLAND. A contiguous tree canopy greater than 2 acres regardless of land ownership. CRITICAL ROOT ZONE or CRZ. A radius of 1-1/2 feet for every I inch of D13H for the tree trunk of the tree being preserved. Example: If a tree's DBH is 10 inches, its CRZ is 15 feet (10 x 1-1/2 = 15) DEVELOPMENT. Any activity for which a preliminary plat, final plat, minor subdivision, building permit, demolition permit, conditional use permit, variance, fence permit, or grading permit is required on land containing a tree. DIAMETER AT BREAST HEIGHT or DBH. The diameter of the trunk of a tree measured in inches 4-1/2 feet above the ground from the uphill side of the tree. Page 277 of 352 DIAMETER AT ROOT COLLAR or DRC. Used for measuring multi-stem trees. Trees are examined to see if they have a unified crown and are counted at each stein and multiplied by .6 . Single trees are measured individually if there is no shared canopy 2* 55 Q5l 55 5 5 5 �RG— — — . fie es s use. as +L e amelef I �Pof r i 1 G � /, //� �/� , Ilr�fl/b // ff �//���� Jr• ' il��/i��, � �.` r��lylFr,Y,... ii R m ,rrifurlllo n w✓nrr;e sR RGrerr����� li EXCEPTIONAL TREE. Any of the following trees: oak; hickory; basswood; sugar maple; black maple; cherry; catalpa; walnut; hackberry; hornbeam; coffee tree; butternut; buckeye; or horse chestnut. FORESTRY SPECIALIST. A state registered land surveyor, civil engineer, landscape architect, forester, or certified arborist, who is capable of identifying a tree by species. Only an arborist can identify and classify trees that are in poor health or considered hazardous.. HAZARD TREE. A tree posing a threat to property or people that has visible hazardous defects such as dead wood, cracks, weak branch unions, decay, cankers, root problems, or poor tree architecture as defined by the U.S. Department of Agriculture, Forest Service, Northeastern Area's publication How to Recognize Hazardous Defects in Trees (NA-FR-01-96). HIGH PRIORITYAREA. A group of 3 or more exceptional trees 10 inches DBH or greater with near contiguous canopies or group of any trees that provide a buffer or screening along an adjacent property or street. HIGH PRIORITY TREE. An exceptional tree 15 inches DBH or greater, or any tree the city has a strong desire to preserve and is declared healthy by the city's staff. Page 278 of 352 MULTI-STEM TREE. A group of trees that share both a unified crown and common root stock. The diameter is recorded as the diameter at root collar. at REPLACEMENT TREE. (a) A tree that replaces diameter inches of a removed tree. The number of replacement trees required is based off the number of replacement inches calculated with the remove:replace"ratio. . Example. Planting a thFee Hieh ealipef tree Foplaeos 2 Riehes of the Femoved "'In". RESIDENTIAL BUILDING PERMIT. A building permit required by 1§ for the building of an initial dwelling. SIGNIFICANT TREE. A living specimen of a woody plant species that is either an exceptional tree whose diameter is 4 inches or greater DBH; a common tree whose diameter is 6 inches or greater DBH, or a multi-stem tree with 2 or more stems measuring 4 inches or greater in diameter measured above the root collar. TREE PRESER VA TION PLAN. The tree inventory, site plan, and tree replacement sheet for a site where an applicant proposes to remove a significant tree. TREE PROTECTION FENCE. Orange snow fencing or polyethylene laminate safety netting placed at the critical root zone of a tree to be preserved. TREE REPLACEMENT ESTIMATE. The city's cost for a-2-3 inch balled and burlapped tree for the current year. The city is required to get 3 quotes per year and post the chosen quote in the current fee schedule. WOODLAND ALTERATION. Any private or public infrastructure and utility installation, building construction, excavation, grading, clearing, filling, or other earth change on any parcel of land, where any cutting, removal, or killing of a significant tree on any parcel of land will occur. Residential parcels of land less than 2-1/2 acres in size are subject to the requirements in this section only if the WOODLAND ALTERATION is for an initial dwelling. WOODLAND AL TERA TION PERMIT. A permit to allow woodland alteration. (E) Tree preservation plan requirements. (1) Requirements generally. All applicants are required to submit and follow the approved tree preservation plan. (2) Requirements of the tree preservation plan. The tree preservation plan must be completed by a forestry specialist and meet the following requirements. (a) Tree inventory. 1. The tree inventory must include every significant tree on buildable land on the property where the permit is being applied for. In addition to trees on said property, significant trees on adjacent property which have CRZ overlapping onto said property must be inventoried. Each inventoried tree must be tagged with a unique identification number. 2. In circumstances where larger areas of the site are not being altered/graded or have no flexibility in planning around significant trees, the applicant may request permission from the Page 279 of 352 city's Plannin Department to use a stratified random sample with a fixed area plot to calculate an estimated tree DBH and species for each stratum. The survey results must be within less than 10% of standard error for each stratum. Plots must be marked to allow for replication of survey if necessary. 3. The applicant must provide a working digital copy and hardcopy spreadsheet displaying the following information for each inventoried tree: a. Identification number; b. Tree size (DBH or DRC); c. Tree species; d. Tree type (common, exceptional, or high priority); e. On-site or off-site (adjacent property); f. Critical root zone (if being preserved); g. Removed or preserved; oerri� i. Whether the tree is within a contiguous woodland or high priority area; and j. The total diameter inches of both high priority trees and significant trees inventoried must be displayed. (b) Site plan. 1. Generally. A scaled drawing of the site including: a. The location, identification number, and tree type (common, exceptional, or high priority) of all inventoried trees; b. Proposed trees to remove and preserve; c. High priority areas and contiguous woodland area; d. Critical root zones of all trees being preserved along with any area within critical root zone that will be impacted; e. Proposed construction/grading limits, lot lines, building parameter, basic infrastructure, buildable land, and building footprint/elevation; f. Locations of tree protection fence and silt fence; and g. Soil stockpile and parking locations during construction. 2. Additional requirements. a. A survey of the lot meeting all possible requirements of the tree inventory and site plan must be provided to the builder of the lot. The city must be provided a digital copy of the tree survey for each individual lot. b. Note areas with oak wilt, Dutch elm disease, Emerald Ash Borer, invasive plants such as buckthorn or others listed on the current year's State Department of Agriculture's noxious weed list. (c) Tree replacement sheet. 1. The tree replacement sheet is a scaled drawing of the site depicting where the replacement trees will be planted. 2. The plan must include: a. Calculations for determination of required replacement trees and landscaping required by division (H) below; b. Locations of all trees and other plants being installed on-site; c. Plant list including species, size, and stock type of installed plants; d. Planting details that meet the city's tree planting specifications; and Page 280 of 352 e. Easements, right-of-ways, construction limits, building pads, driveways, and basic infrastructure. (3) Residential building permit tree preservation plan. The applicant must complete the city's "residential building-tree preservation plan" as their tree preservation plan which includes a survey meeting all requirements of this division (E) to the city. (4) Permit prerequisites. No woodland alteration, grading, or building permits shall be issued by the city until the applicant has installed any required tree protection fencing and it has been inspected and approved by the city. (5) Changes to tree preservation plan. Any changes to the tree preservation plan shall be submitted in writing to the city by the applicant for approval. If the change includes any additional significant tree removal, an additional inspection and approval by the city of the tree protection fencing will be required. (6) 6jfurrent tree preservation plan. All information contained in the tree preservation plan must not be more than 2 years old at the time of submittal. City staff may grant reasonable exceptions to this requirement for residential builders of an individual lot. (7) Removal of significant trees. Significant trees required to be removed pursuant to § 4-39-1-6130.17, shall be identified as removed on the tree preservation plan and must be removed. Significant trees that are removed for this reason are exempt from the replacement requirements of this division (E). (F) Allowable tree removal. (1) Generally. (a) Developers and builders are required to save as many trees as feasible when grading or building a site. (b) When developing the site plan the developer or builder shall: 1. Identify high priority trees and areas (using the tree inventory)that are most worthy of preservation; 2. Locate roads, buildings, utilities,parking areas, or other infrastructure so as to minimize their impacts on exceptional and high priority trees; 3. Preserve trees in groves or clusters recognizing that survivability is greater for groups of trees than individuals; 4. Manipulate proposed grading and the limits of disturbance by changing the elevation/location of building pads,parking lots, and streets, and consider the use of retaining walls to reduce the impact of the trees; and 5. Review all construction factors that influence tree survivabilit . Tyne of Development Permitted Removal Caliper Caliper Excluded Inches Inches Trees and Significant High Trees Health Trees Above Pri2rjiq Classified Permitted Trees "Poor" l Removal Hazard Trees Residential buildin s 6 30% of Inventoried 1 : 1 DBH 1 : 1.5 None units or less during D13H Inventoried Remove: subdivision Replace) Residential 6 Units or 100% DBH Within None None None less after subdivision Building Parameter Page 281 of 352 Commercial, Industrial, 60% of Inventoried I : 1 DBH 1 : 1.5 None > 6 unit residential bldgs DBH Inventoried Remove: Replace) Redevelopment 60% of Inventoried 1 : 1 DBH 1 : 1.5 None DBH Inventoried Remove: Re lace 0 0 ecfficnrrn em -rial site development. 6 0 1. Tree removal beyond the lot being built on is allowed only for the installation of basic infrastructure. 15% of the inventoried DBH on the buildable land for that lot may be removed without replacement; and 2. Removal in excess of this 15%requires replacement of 1:1.5 DBH (remove: replace). (b) For any applicant proposing redevelopment of a lot, 30% of the inventoried DBH on the buildable land for the lot being redeveloped is allowed to be removed without replacement. Removal in excess of this 30% requires replacement of 1:1.5 DBH (remove: replace). (4) Proposal to remove more than 35%of high priority trees. If an applicant proposes to remove more than 35% of the high priority trees or 25% of a contiguous woodland, based on DBH, the city must be shown site plan alternatives considered by the applicant as evidence an attempt to remove less than said amount of trees was made and an explanation as to why this plan does not work. (G) Tree preservation requirements. 11 \ f1fe A; 40f Is may e 9 (21) The applicant must preserve all trees identified to be preserved on the tree preservation plan. (32) For grading being done between the dates of April 1 and July 31, the CRZ for an oak tree may be increased due to threat of oak wilt. During this time, wound dressing will be applied immediately after damage of an oak tree takes place. (43) A tree shall be considered removed if: (a) More than 30% of the CRZ is compacted over 80% of Standard Proctor or 200 PSI, cut, filled, or paved; (b) More than 30% of the circumference of the trunk is damaged; Page 282 of 352 (c) The hydrology in the area of preserved trees changes due to site grading; or (d) Severe damage to an oak tree takes place between April I and July 31. (54) Tree protection fence shall be placed outside of the CRZ of trees being preserved. If fencing is not possible, covering and maintaining the CRZ with geotextile fabric and 6 plus inches of wood-chip mulch will suffice. (05) There may be no construction activity within the CRZ of a significant tree located on an adjacent property. (H) Tree replacement standards. (1) A replacement tree shall not be any species presently under disease or insect epidemics, considered invasive, or a species that composes a high percentage of the city's urban forest without prior written approval from the city. Recommended species can be found in the City's Forestry Specification Manual. (2) Replacement trees must meet he planting size requirements for required landscap e&.: (3) All replacement trees must be installed during appropriate season for that planting stock. (4) Replacement trees are not to be installed until exterior construction activities are complete in that area. (5) If there are greater or equal to 30 trees that are required, they shall be composed of no more than 10% of 1 species, 20% of 1 genus, and 30% of 1 family. If there are less than 30 trees are required, 1 species shall make up no more than 25% of the total. (6) Replacement trees shall not be planted in a location that will interfere with other infrastructure or be in extreme competition for resources with other trees at maturity. (7) The city may accept other vegetative or environmental alternatives proposed by an applicant if those alternatives are monetarily or ecologically equivalent to the value of the replacement trees required by this section. (8) Replacement trees shall be planted not more than 18 months from the date of the final approved tree replacement sheet as part of the tree preservation plan. Extensions may be requested in writing to the city. (9) If the number of replacement trees cannot be met on-site, the following is required: (a) A cash payment of$400 per replacement tree shall be provided to the city for the planting of trees that are as close as possible to the site that payment was received for or to subsidize trees sold to the city's residents; (b) Trees may be planted in city-owned or managed land as approved by t eef o �:�r �A KTa� ,, I v s ,,f n Di.eemt ,,the ci (c) Replacement trees may be installed on other properties owned by the applicant within the city. If a buffer area as defined by the natural resource corridor map is on said property, replacement trees shall be planted in this area first. (I) Unauthorized significant tree removal. (1) Any person, firm, or corporation who removes or causes the loss of a significant tree identified to be preserved on an approved tree preservation plan or without a permit allowing woodland alteration, shall be required to complete 1 of the following as determined by the city: Page 283 of 352 (a) Installation of replacement trees within the same development at a 1:2 DBH (remove:replace); or (b) Payment to the city of$500 for every 1 inch of significant tree removed that was unauthorized. Measurement of each tree will be at DBH or diameter of the stump, whichever is readily available. This amount may be taken by the city from the financial security posted by the applicant for tree replacement, if any. A minimum of$15,000 payment will be required if measurements are unavailable. (2) This provision also applies to a conservation easement area that is disturbed during or after development as well as removing a publicly managed tree of any size without written city authorization. (3) The city may withhold permits from any person, firm, or corporation who fails to complete the requirements above. (J) Financial security. (1) (a) The applicant shall provide the city with a cash escrow, or other form of security that the city deems acceptable, in the amount of 150% of the total tree replacement estimate. (b) Formula: Number of replacement trees x tree replacement estimate x 150%=financial security due. (2) The financial security required for the replacement trees is due prior to the issuance of the grading permit or the commencement of any woodland alteration activity. (3) All replacement trees must be warrantied to guarantee survival. The warranty period shall begin upon inspection and acceptance by city staff of the installed trees for proper planting, size, species, health, and location. If at any time during the warranty period replacement trees are found to be unhealthy by city staff, they are required to be replaced with the same size and species by the applicant at the soonest appropriate planting time. (a) For commercial/industrial sites and residential developers, up to 75% of the financial security may be returned upon inspection and acceptance by the city of installed trees and the submittal of a city-approved two-year warranty from the landscape contractor who installed the trees. This warranty must cover tree health issues relating to excess or insufficient water. The remaining financial security will be held by the city for 2 years. When reducing the financial security, 75%will be returned unless city staff feels the trees have a heightened risk of failure. (b) For builders of individual residential lots within a subdivision who receives a one-year warranty from the landscape contractor who installed the trees, 100% of the financial security will be returned upon: 1. Inspection and acceptance of installed trees by the city; and 2. Providing the lot buyer with the copy of the erietwo-year warranty from the landscape contractor and contact infonnation to snake a claim on the warranty. (4) (a) If the financial security has not been returned in full after the inspection of the installed trees, at the end of a two-year warranty period, the applicant shall schedule a final inspection with city staff. (b) Prior to scheduling the inspection, the applicant shall confirm the following conditions are met: 1. All trees have 1 dominate leader, are free of deadwood, and injured branches; 2. All tree wrap is removed; 3. All stakes and wires are removed; and 4. Trees are in leaf. (c) At the time of final inspection the city shall decide to: Page 284 of 352 1. Refund the financial security in full; or 2. Require the planting of new trees to replace the replacement trees which do not survive or are declared unhealthy by city staff. If 25% or more of the replacement trees are required to be replaced, the appropriate amount of financial security will be held for an additional 2 years for said trees. (5) The financial security will be used by the city only if the applicant does not install the initial or subsequent replacement trees required in*-5-��1 this chapter. (6) Any trees required to be removed per § 43446-130.17 from a site, shall be removed and disposed of according to § 43446-130.17 prior to release of the financial security. (7) The city shall be exempt from the financial security requirement of this section. (K) General regulations. (1) If the applicant disagrees with the city staff's decision with respect to the interpretation or enforcement of x4-54 1-this chanter, the applicant may appeal that decision by following the procedure established in § 151.016. (2) Land previously planted for commercial tree farm purposes shall be subject to tree replacement requirements as determined appropriate by the city with the maximum requirement being the current allowable tree removal requirements of division (F) above. (3) Inspections required in-§-11443 this chapter will be conducted by staff from the City's Natural Resources Department or other city staff as assigned. (L) Effective date. This section becomes effective from and after its passage and publication. Ord. 1,passed 4-1-1978; Ord. 31,passed 10-25-1979; Ord. 96, passed 11-11-1982; Ord. 132, passed 9-22-1983; Ord. 158, passed 1-31-1985; Ord. 246,passed 6-17-1988; Ord. 253,passed 10-14-1988; Ord. 259,passed 11-11-1988; Ord. 272, passed 8-25-1989; Ord. 338,passed 8-6- 1992; Ord. 377,passed 7-7-1994; Ord. 434,passed 11-30-1995; Ord. 430, passed 2-1-1996; Ord. 815,passed 3-26-2009; Ord. 883,passed 5-20-2014) Page 285 of 352 ORDINANCE NO. 02018-003 AN ORDINANCE OF THE CITY OF SHAKOPEE AMENDING TITLE XV OF THE CITY CODE BY MODYIFYING THE SCREENING,LANDSCAPING AND TREE PRESERVATION SECTIONS THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: 151.111 SCREENING. (A) Whenever required, screening shall be accomplished through the use of landscaping, topography, site planning, or construction materials. Screening shall provide an opaque obstruction to view. All construction materials used shall be of good quality and compatible with the materials of the principal structure. Chain link fencing interwoven with slats shall not be allowed as a screening material. Landscaping materials utilized for screening shall be healthy specimens of hardy species appropriate for the purpose. All screening shall be maintained in good condition or repair and shall be replaced when it no longer serves its intended function. (B) Screening shall be accomplished in accordance with the following: (1) All exterior storage permitted by this chapter shall be screened, except for the following: goods being displayed for sale, materials and equipment being used for construction on the premises, merchandise located on gas station pump islands, and accessory uses in residential zones (except parking facilities as specified below); (2) Off-street parking facilities in the Medium-Density Residential (R-2) and Multiple- Family Residential (R-3/R-4) Zones shall be screened whenever the parking facility contains more than 4 parking spaces and is within 30 feet of a lot line, and whenever the driveway to a parking facility of more than 6 parking spaces is within 15 feet of a lot line by landscaping and where practicable,berming ; (3) Parking facilities within any required front yard setback shall be screened to a height of 3 feet by landscaping and where practicable,berming or low wall; (4) Screening shall be required in all business and industry zones whenever any business or industrial use is adjacent to or across a street from property zoned or developed for residential use; (5) Screening shall be required between any multifamily complex and single family property(ies); (6) All roof top mechanical equipment shall be totally screened from view from adjacent properties and existing and planned streets,painted to match or complement the building, or incorporated into an architectural design which is aesthetically compatible with the building; (7) Refuse containers in business and industry zones which are visible from existing or planned streets, residential areas, institutional uses, or places of public assembly shall be screened to a height of 6 feet and be fully enclosed; (8) Loading and service areas located between a street and a building in any commercial or industry zone shall be screened to a height of 4 feet; and (9) When commercial or industrial development abuts existing residential development or residentially zoned properties, the Nonresidential development shall provide one of the following screening treatments along all lot lines abutting single-family detached dwellings: Page 286 of 352 (a) Buffer yard with a minimum width of five feet that includes a solid masonry wall measuring at least six feet in height and canopy trees planted along the outside perimeter with a maximum on-center spacing of 20 feet; or (b) Buffer yard with a minimum width of ten feet that includes an alternating double row of various evergreen shrubs and may include a berm to achieve a minimum height at time of planting of six feet,planted a maximum of 60 inches on-center per the table of approved plant materials or spacing on industry plant standards; or (c) Buffer yard with a minimum width of 20 feet that includes vegetative screening meeting the following standards per 100 linear feet and the requirements. Eight canopy trees (at least two evergreen); and ii. Four understory trees (at least one evergreen); and iii. 25 shrubs (at least 16 evergreen shrubs). (d) Additional Buffer yard is not required when residential uses are separated from other uses by a public street. Ordinary landscaping requirements must still be met. Screening Option I fflafi) ,u / c 3 µ h1c ,,,,, „,.,, T°k`X8n4'N. ............. y max, Screening Option 2(loge) ,"I'll 6'ravirt„ h�Ityhr � 'e°l �r� o(rr�r� ��e����d ! r �� � Qtl6"uasa. b�rlse� . H'"`rlrwx. Screening option 3(PhnB ui If PI 5 e �@ t i � � � Jaw Jr✓/ r'm� y� 1 .,...m .......,., ............... .,...,.......— a Mutlti0"p / m e Page 287 of 352 (2013 Code, § l l.60) (Ord. 1,passed 4-1-1978; Ord. 3 1,passed 10-25-1979; Ord. 96,passed l l- 11-1982; Ord. 132,passed 9-22-1983; Ord. 158,passed 1-31-1985; Ord. 246,passed 6-17-1988; Ord. 253,passed 10-14-1988; Ord. 259,passed 11-11-1988; Ord. 272,passed 8-25-1989; Ord. 338,passed 8-6-1992; Ord. 377,passed 7-7-1994; Ord. 434,passed 11-30-1995; Ord. 430, passed 2-1-1996; Ord. 563, passed 11-25-1999; Ord. 631,passed 6-27-2002; Ord. 815,passed 3- 26-2009) G� § 151.112 LANDSCAPING AND CONNECTION REQUIREMENTS. Landscaping shall be required in all residential, commercial, and industrial zones. (A) Definitions. For this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. EXTERIOR SIDEWALK CONNECTION. A sidewalk or trail which connects the interior sidewalk or trail network to a required or existing public sidewalk or trail. GROSS FLOOR AREA. The total floor area for every floor inside the building envelope, including the external walls, and excluding the roof. INTERIOR SIDEWALK CONNECTION. A sidewalk or trail network which is within a development project to connect multiple businesses, or parking facilities to primary entrances or privately owned open space areas. SIDEWALK A finished hard surface with a width of at least 5 feet. TRAIL. A finished hard surface or a firm and stable natural surfacing material with a width of at least 8 feet. (B) Landscaping materials. (1) For all single-family residential uses in the R-1 A, R-113, R-IC, R-2 and Planned Residential District, the following landscaping materials shall be provided prior to the issuance of a final certificate of occupancy: (a) Placement of at least 6 inches of topsoil meeting requirements set in division (N) below; (b) Each single family lot shall have a minimum of two street trees in the boulevard or if not feasible, 2 non-ornamental trees (planted or preserved), in the front yard. In R-1 A, 3 non- ornamental trees (planted or preserved) must be placed in the front yard. If trees cannot be placed in the front yard due to easements or spacing, trees shall be placed in the rear yard; (c) Sod shall be placed in the front yard, and (d) The side yards and rear yard shall be seeded. (2) Native plants may be substituted for sod or seeding as long as they meet the requirements set in the city native landscape plant list(see city website) (C) Landscape requirements for residential, business, and industrial uses. For all residential uses containing 6 or more dwellings, and for all business and industrial uses, at least 15% of the lot area shall be landscaped with grass, shrubs and trees per the required table. The landscaping shall be concentrated between the principal structure and any adjacent street right-of-way or other areas of the lot which are visible from a street. Street trees shall be placed every forty(40) feet or if not permitted, tree shall be placed in the front yard. Building Footprint Area Required Landscaping First 10,000 Square-feet 2 trees / 1,000 SF 10,001 to 50,000 Square-feet Additional 1.5 trees / 1,000 SF Page 288 of 352 50,0001 to 100,000 Square-feet Additional 1 tree/ 1,000 SF 100,001 Square-feet and Greater Additional 1 tree/ 1,500 SF Maximum Number of Ornamental 25% of required landscaping Trees trees (D) Impervious areas. In addition to landscaping units required for gross building area, for projects with impervious areas which exceed 4,000 square feet, one shade tree shall be required for each 4,000 square feet of impervious area. When calculating the required landscaping, square feet shall be rounded up to the nearest 1,000 square feet and pervious pavement shall be excluded. (E) Parking facilities. A portion of the required landscaping shall be placed in a parking facility containing more than 25 parking spaces in accordance with the following minimum landscaping requirements. (1) At least 1 deciduous shade tree shall be planted for every ten spaces. (2) Landscape islands shall meet the following requirements: (a) Contain at least one shade tree; (b) Provide the appropriate available rooting space listed in division (H)below; (c) A minimum of 10 feet wide; (d) Curbed around all outside corners/radius of end caps and extending 10 feet from the corner/end of the radius; (e) Concrete ribbon curbing must be provided on any paved edge which is not curbed; and (f) Proper drainage must be provided within landscape islands which allow storm water flow into the island. (3) Non-permanent car stops and asphalt curbing shall not be used. (4) (a) Example. a d � ENDO: P ISLAND °h ISLAND ` CORNER ' MAXIMUM INT EPV, L IIS I HE LARGEST NUMBER INt"EIt OR OF IIARKVNG SPACES PARKING LOT & NDv7 ALLOWED ESE"IWEEN BUFFERYARD LANDSCAPE ISLANDS Page 289 of 352 (c) Trees needed. Number of trees needed to be placed within the parking area equals 1 tree for every ten (10) spaces plus street trees and perimeter landscaping (F) Minimum size requirements. (1) Landscaping materials must meet the following minimum size requirements: (a) Deciduous trees: Two and a half inch caliper for commercial/industrial and 2 inch for single family residential; (b) Coniferous trees: 6 feet in height; (c) Shrubbery: 5 gallons; and (d) Native plants: 800 square feet. (2) Each of the above shall constitute one unit of landscaping. Not more than 50% of the landscaping units required by this section shall be composed of shrubbery and no more than 25% of the trees may be made of ornamental species. G) Planting Space Soil Cubic Feet Maximum Maximum Volume Required Depth for Compaction Volume Calculation One Tree 700 3 feet 200 PSI or 80% Standard Proctor Two Trees 1000 3 feet 200 PSI or 80% Standard Proctor (H) Allowable trees. Landscaping trees shall not be any species presently under disease or insect epidemics, considered invasive, or a species that composes a high percentage of the city's urban forest without prior written approval from the city. Recommended species can be found on the city's website, shakopeemn.gov under Forestry Specification Manual. 1) Tree diversity Diversity for Required / Maximum Quantity Replacement Trees Species 10% Genus 20% Family 30% If less than 30 trees are required, one species shall make up no more than one-fourth of the total and meet the requirements set in the city's Forestry Specifications Manual on the city website. (J) Trees location. Trees shall not be planted in a location that will interfere with other infrastructure or be in extreme competition for resources with other trees at maturity. (K) Landscaping credit. (1) If healthy landscaping of acceptable species and location exist on a site prior to development and is preserved, the city's Zoning Administrator may allow credit for such landscaping to meet up to 30% of the trees required. (2) Credit may be given based on the following Preserved Trees: Tree Credit: Excluded Tree No credit Common Significant Tree > 6 inches 1 tree Exceptional Significant Tree > 4 inches 4 trees Page 290 of 352 High Priority Tree > 15 inches 8 trees (L) Pedestrian sidewalk system in Commercial and Industrial Zones. In al I zoning districts the pedestrian sidewalk system shall meet the following standards. (1) In retail center developments, interior sidewalk connections are required between each building. (2) A pedestrian island or walkway at least 5 feet in width shall be required for all parking facilities which have parking spaces greater than 250 feet from a main entrance to a building and in accordance with the following: (a) A pedestrian island or walkway shall be provided to separate pedestrian traffic and vehicular traffic. (b) A pedestrian island or walkway must provide pedestrian access spanning in a generally direct route from main entrance to the furthest drive aisle within a parking facility. City staff may allow pedestrian walkways or islands to be of a reduced length if other adjacent sidewalks and trails outside of the parking area allow pedestrians access to a main entrance of a building. (c) Pedestrian islands or walkways which are adjacent to handicapped(ADA compliant) parking shall provide ADA compliant pedestrian ramps or be at the same elevation as the parking and loading area. (d) The pedestrian island shall be landscaped in accordance with the requirements for landscape islands and parking lots. (e) Pedestrian islands and walkways shall be designed to limit vehicle encroachment into walkway area, either by 2 feet setback from parking lot to walkway edge or a physical barrier such as but not limited to: curbing, trees, shrubs, or bollards. (3) An exterior sidewalk connection is required for all sites which have existing and/or required public sidewalks, adjacent trails,parks, or greenways. (4) Where pedestrian islands and walkways cross drive a aisles, crossing areas shall be clearly designated by striping or differentiated paving material. Page 291 of 352 (M) Topsoil. Topsoil in landscaped areas shall be at least 6 inches in depth and a sandy loam, silt loam, loam, or sandy clay consisting of no more than 65% sand, 1.5% to 10% organic matter, a pH of 4.5 to 6.8, soluble salts less than 2 mmhos/cm, free of chemical contaminants, and not compacted beyond 80% of Standard Proctor or 200 PSI. Subsoil shall be scarified before topsoil is spread. Soil shall be generally free of debris such as large rocks and fragments of wood. (N) Financial security. (1) The city shall require submission of a financial security in form of a cash escrow, or other form of security that the city deems acceptable, in the amount of 150% of the total tree replacement estimate, at $400 per replacement tree or as is updated from time to time in the city's fee schedule. (2) The city shall require a landscaping escrow prior to issuance of any certificate of occupancy including temporary or permanent if landscaping work is not completed. The escrow amount shall be 150% of the contract value as reviewed and approved by the city. The landscape escrow agreement shall also include a right of entry for the city to install landscaping using the escrow if it is not completed or if plantings die within six months or next growing cycle of TCO or permanent CO. (a) The financial security shall be collected before the grading permit is issued for tree replacement and prior to TCO or CO if all the landscaping is completed. (b) All required landscaping plants must be warranted for two years to guarantee survival. The warranty period shall begin upon inspection and acceptance by city staff of the installed plants for proper planting, size, species,health, and location, and if at any time during the warranty period the plants are found to be unhealthy by city staff, they are required to be replaced with the same size and species by the applicant at the soonest appropriate planting time. 1. For commercial/industrial sites and residential developers, up to 75% of the financial security may be returned upon inspection and acceptance by the city of installed plants and upon the submittal of a city-approved two-year warranty from the landscape contractor who installed the plants. This warranty must cover plant health issues relating to excess or insufficient water. The remaining financial security will be held by the city for 2 years. When reducing the financial security, 75%will be returned unless city staff feels the trees have a heightened risk of failure. 2. For builders of individual residential lots in a subdivision who receive a two-year warranty from the landscape contractor who installed the plants, up to 100% of the financial security may be returned upon: a. Inspection and acceptance of installed plants by the city; and b. Providing the lot buyer with the copy of the 2 year warranty from the landscape contractor and contact information to make a claim on the warranty. (3) (a) If the financial security has not been returned in full after the inspection of the installed trees, at the end of a two-year warranty period the applicant shall schedule a final inspection with city staff. (b) Prior to the inspection, the applicant shall confirm the following conditions are met: 1. All trees have 1 dominate leader, are free of deadwood, and injured branches; 2. All tree wrap is removed; 3. All stakes and wires are removed; and 4. Plants are in leaf. (c) At the time of final inspection the city shall decide to: 1. Refund the financial security in full; or Page 292 of 352 2. Require the installation of new plants to replace what did not survive or are declared unhealthy by city staff. If 25% or more of the plants are required to be replaced, the appropriate amount of financial security may be held for an additional 2 years for said plants. (4) The financial security will be used by the city only if the applicant does not install the plants required in this division (P). The owner/builder/developer grants the city access to its property to replace required place using the financial security that has been provided if plants are not replaced within 60 days or such time as negotiated by city staff. (P) Effective date. This section becomes effective from and after its passage and publication. (Ord. 1,passed 4-1-1978; Ord. 31, passed 10-25-1979; Ord. 96,passed 11-11-1982; Ord. 132, passed 9-22-1983; Ord. 158,passed 1-31-1985; Ord. 246,passed 6-17-1988; Ord. 253,passed 10-14-1988; Ord. 259,passed 11-11-1988; Ord. 272, passed 8-25-1989; Ord. 338,passed 8-6- 1992; Ord. 377,passed 7-7-1994; Ord. 434,passed 11-30-1995; Ord. 430, passed 2-1-1996; Ord. 487,passed 7-10-1997; Ord. 815,passed 3-26-2009; Ord. 884, passed 5-20-2014; Ord. 923, passed 11-17-2015) § 151.113 TREE PRESERVATION REGULATIONS. (A) Purpose. The city regards natural features such as woodlands and bluffs as part of the community's identity, attracting residents and businesses to the area. City Council recognizes that not protecting these assets would have a quantifiable economic, social, and environmental loss. An objective of the city's comprehensive plan is to preserve, enhance, and maintain natural wooded areas within the city. This section aims to achieve this objective by encouraging responsible land development through rewarding those who use creative site design and minimize the impact to existing landscape and neighborhood character. (B) Regulations. (1) The following requirements and standards shall apply toany tree removal including, a preliminary plat, final plat, minor subdivision, building permit, demolition permit, conditional use permit, variance, or grading permit is required by the city on any parcel of land containing a significant tree. The city is authorized to deny or revoke any permits extended by the city for individuals or organizations in violation of this section. (C) Applicability. The following developments are exempt from the requirements for tree replacement: (1) Any alteration of the tree canopy taking place on a residential property less than 2-1/2 acres in size other than for an initial dwelling; (2) Home gardens or an individual's home landscaping,repairs, and maintenance work; (3) Existing agricultural,horticultural, or silvicultural operations. Expansions of existing agricultural operations will be subject to the requirements for tree replacement; (4) Emergency work to prevent or alleviate immediate damages to life, limb,property, or natural resources. In such event, if tree replacement had been required but for emergency, the obligations of this division (C) shall apply and shall be performed at the earliest reasonable time thereafter; (5) Maintenance of existing infrastructure by the city is exempt from the requirements of this section. (D) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. APPLICANT. Any person submitting an application to the city for any activity for which a preliminary plat, final plat, minor subdivision, building permit, demolition permit, conditional use permit, variance, or grading permit is required on land containing a significant tree. Page 293 of 352 BASIC INFRASTRUCTURE. Includes roads, streets, sidewalks, rights-of-way, sanitary sewer, storm sewer, septic tanks, drain fields, water, natural gas, electric, cable television service, drainage ways, and storm ponds. BUILDABLE LAND. Any land not considered a wetland or easement as defined in city code or a bluff impact zone as defined in the design criteria. BUILDING PARAMETER. The footprint of a building or structure with a distance not to exceed 20 feet in each direction thereof. The area of disturbance on either side of a driveway, when added together, shall not exceed 20 feet. CALIPER INCH. The measurement of a tree trunk measured at 4.5 feet above the root ball. COMMON TREE. Any of the following trees:; poplar;; red maple; ash; elm; cedar;; mulberry; balsam fir; birch; pine; spruce; tamarack; black locust; or other fast growing deciduous trees not listed as an exceptional tree. Trees that are not included in overall tree inventory and are not required to be replaced are Ash, buckthorn, Willow, fruit trees, Cottonwood CONTIGUOUS WOODLAND. A contiguous tree canopy greater than 2 acres regardless of land ownership. CRITICAL ROOT ZONE or CRZ. A radius of 1-1/2 feet for every 1 inch of DBH for the tree trunk of the tree being preserved. Example: If a tree's D13H is 10 inches, its CRZ is 15 feet (10 x 1-1/2 = 15) DEVELOPMENT. Any activity for which a preliminary plat, final plat, minor subdivision, building permit, demolition permit, conditional use permit, variance, fence permit, or grading permit is required on land containing a tree. DIAMETER AT BREAST HEIGHT or DBH. The diameter of the trunk of a tree measured in inches 4-1/2 feet above the ground from the uphill side of the tree. DIAMETER AT ROOT COLLAR or DRC. Used for measuring multi-stem trees. Trees are examined to see if they have a unified crown and are counted at each stem and multiplied by .6 . Single trees are measured individually if there is no shared canopy. � rK I KF K J ,�ry /� Jars i �//� Nr✓r/ 09� i /% r �%an KG�i '/I�� IYf ,,.:uan,� rrrl✓I(l� ( w. lauv!A�irr�, ' i ,,,,, „aw,,✓2 m ,oma„,w sr � Page 294 of 352 EXCEPTIONAL TREE. Any of the following trees: oak; hickory; basswood; sugar maple; black maple; cherry; catalpa; walnut; hackberry; hornbeam; coffee tree; butternut; buckeye; or horse chestnut. FORESTRY SPECIALIST. A state registered land surveyor, civil engineer, landscape architect, forester, or certified arborist, who is capable of identifying a tree by species. Only an arborist can identify and classify trees that are in poor health or considered hazardous.. HAZARD TREE. A tree posing a threat to property or people that has visible hazardous defects such as dead wood, cracks, weak branch unions, decay, cankers, root problems, or poor tree architecture as defined by the U.S. Department of Agriculture, Forest Service, Northeastern Area's publication How to Recognize Hazardous Defects in Trees (NA-FR-01-96). HIGH PRIORITYAREA. A group of 3 or more exceptional trees 10 inches DBH or greater with near contiguous canopies or group of any trees that provide a buffer or screening along an adjacent property or street. HIGH PRIORITY TREE. An exceptional tree 15 inches DBH or greater, or any tree the city has a strong desire to preserve and is declared healthy by the city's staff. MULTI-STEM TREE. A group of trees that share both a unified crown and common root stock. The diameter is recorded as the diameter at root collar. REPLACEMENT TREE. (a) A tree that replaces diameter inches of a removed tree. The number of replacement trees required is based off the number of replacement inches calculated with the "remove:replace"ratio. RESIDENTIAL BUILDING PERMIT. A building permit required for the building of an initial dwelling. SIGNIFICANT TREE. A living specimen of a woody plant species that is either an exceptional tree whose diameter is 4 inches or greater DBH; a common tree whose diameter is 6 inches or greater DBH, or a multi-stem tree with 2 or more stems measuring 4 inches or greater in diameter measured above the root collar. TREE PRESERVATION PLAN. The tree inventory, site plan, and tree replacement sheet for a site where an applicant proposes to remove a significant tree. TREE PROTECTION FENCE. Orange snow fencing or polyethylene laminate safety netting placed at the critical root zone of a tree to be preserved. TREE REPLACEMENT ESTIMATE. The city's cost for a 3 inch balled and burlapped tree for the current year. The city is required to get 3 quotes per year and post the chosen quote in the current fee schedule. WOODLAND ALTERATION. Any private or public infrastructure and utility installation, building construction, excavation, grading, clearing, filling, or other earth change on any parcel of land, where any cutting, removal, or killing of a significant tree on any parcel of land will occur. Residential parcels of land less than 2-1/2 acres in size are subject to the requirements in this section only if the WOODLAND ALTERATION is for an initial dwelling. WOODLAND ALTERATION PERMIT A permit to allow woodland alteration. (E) Tree preservation plan requirements. (1) Requirements generally. All applicants are required to submit and follow the approved tree preservation plan. (2) Requirements of the tree preservation plan. The tree preservation plan must be completed by a forestry specialist and meet the following requirements. Page 295 of 352 (a) Tree inventory. 1. The tree inventory must include every significant tree on buildable land on the property where the permit is being applied for. In addition to trees on said property, significant trees on adjacent property which have CRZ overlapping onto said property must be inventoried. Each inventoried tree must be tagged with a unique identification number. 2. In circumstances where larger areas of the site are not being altered/graded or have no flexibility in planning around significant trees, the applicant may request permission from the city's Planning Department to use a stratified random sample with a fixed area plot to calculate an estimated tree DBH and species for each stratum. The survey results must be within less than 10% of standard error for each stratum. Plots must be harked to allow for replication of survey if necessary. 3. The applicant must provide a working digital copy and hardcopy spreadsheet displaying the following information for each inventoried tree: a. Identification number; b. Tree size (DBH or DRC); c. Tree species; d. Tree type (common, exceptional, or high priority); e. On-site or off-site (adjacent property); f. Critical root zone (if being preserved); g. Removed or preserved; i. Whether the tree is within a contiguous woodland or high priority area; and j. The total diameter inches of both high priority trees and significant trees inventoried must be displayed. (b) Site plan. 1. Generally. A scaled drawing of the site including: a. The location, identification number, and tree type (common, exceptional, or high priority) of all inventoried trees; b. Proposed trees to remove and preserve; c. High priority areas and contiguous woodland area; d. Critical root zones of all trees being preserved along with any area within critical root zone that will be impacted; e. Proposed construction/grading limits, lot lines,building parameter,basic infrastructure, buildable land, and building footprint/elevation; f. Locations of tree protection fence and silt fence; and g. Soil stockpile and parking locations during construction. 2. Additional requirements. a. A survey of the lot meeting all possible requirements of the tree inventory and site plan must be provided to the builder of the lot. The city must be provided a digital copy of the tree survey for each individual lot. b. Note areas with oak wilt, Dutch elm disease, Emerald Ash Borer, invasive plants such as buckthorn or others listed on the current year's State Department of Agriculture's noxious weed list. (c) Tree replacement sheet. 1. The tree replacement sheet is a scaled drawing of the site depicting where the replacement trees will be planted. 2. The plan must include: Page 296 of 352 a. Calculations for determination of required replacement trees and landscaping required by division (H)below; b. Locations of all trees and other plants being installed on-site; c. Plant list including species, size, and stock type of installed plants; d. Planting details that meet the city's tree planting specifications; and e. Easements, right-of-ways, construction limits,building pads, driveways, and basic infrastructure. (3) Residential building permit tree preservation plan. The applicant must complete the city's "residential building-tree preservation plan" as their tree preservation plan which includes a survey meeting all requirements of this division (E) to the city. (4) Permit prerequisites. No woodland alteration, grading, or building permits shall be issued by the city until the applicant has installed any required tree protection fencing and it has been inspected and approved by the city. (5) Changes to tree preservation plan. Any changes to the tree preservation plan shall be submitted in writing to the city by the applicant for approval. If the change includes any additional significant tree removal, an additional inspection and approval by the city of the tree protection fencing will be required. (6) Current tree preservation plan. All information contained in the tree preservation plan must not be more than 2 years old at the time of submittal. City staff may grant reasonable exceptions to this requirement for residential builders of an individual lot. (7) Removal of significant trees. Significant trees required to be removed pursuant to § 130.17, shall be identified as removed on the tree preservation plan and must be removed. Significant trees that are removed for this reason are exempt from the replacement requirements of this division (E). (F) Allowable tree removal. (1) Generally. (a) Developers and builders are required to save as many trees as feasible when grading or building a site. (b) When developing the site plan the developer or builder shall: 1. Identify high priority trees and areas (using the tree inventory) that are most worthy of preservation; 2. Locate roads, buildings, utilities,parking areas, or other infrastructure so as to minimize their impacts on exceptional and high priority trees; 3. Preserve trees in groves or clusters recognizing that survivability is greater for groups of trees than individuals; 4. Manipulate proposed grading and the limits of disturbance by changing the elevation/location of building pads,parking lots, and streets, and consider the use of retaining walls to reduce the impact of the trees; and 5. Review all construction factors that influence tree survivability. Page 297 of 352 Type of Development Permitted Removal Caliper Caliper Excluded Inches Inches Trees and Significant High Trees Health Trees Above Priority Classified Permitted Trees "Poor" / Removal Hazard Trees Residential buildings 6 30% of Inventoried 1 : 1 DBH 1 : 1.5 None units or less during DBH Inventoried (Remove: subdivision Replace) Residential 6 Units or 100% DBH Within None None None less after subdivision Building Parameter Commercial, Industrial, 60% of Inventoried 1 : 1 DBH 1 : 1.5 None > 6 unit residential bldgs DBH Inventoried (Remove: Replace) Redevelopment 60% of Inventoried 1 : 1 DBH 1 : 1.5 None DBH Inventoried (Remove: Replace) 1. Tree removal beyond the lot being built on is allowed only for the installation of basic infrastructure. 15% of the inventoried DBH on the buildable land for that lot may be removed without replacement; and 2. Removal in excess of this 15%requires replacement of 1:1.5 DBH (remove: replace). (b) For any applicant proposing redevelopment of a lot, 30% of the inventoried DBH on the buildable land for the lot being redeveloped is allowed to be removed without replacement. Removal in excess of this 30%requires replacement of 1:1.5 DBH (remove: replace). (4) Proposal to remove more than 35%of high priority trees. If an applicant proposes to remove more than 35% of the high priority trees or 25% of a contiguous woodland, based on DBH, the city must be shown site plan alternatives considered by the applicant as evidence an attempt to remove less than said amount of trees was made and an explanation as to why this plan does not work. (G) Tree preservation requirements. (1) The applicant must preserve all trees identified to be preserved on the tree preservation plan. (2) For grading being done between the dates of April 1 and July 31, the CRZ for an oak tree may be increased due to threat of oak wilt. During this time, wound dressing will be applied immediately after damage of an oak tree takes place. (3) A tree shall be considered removed if: (a) More than 30% of the CRZ is compacted over 80% of Standard Proctor or 200 PSI, cut, filled, or paved; (b) More than 30% of the circumference of the trunk is damaged; (c) The hydrology in the area of preserved trees changes due to site grading; or (d) Severe damage to an oak tree takes place between April l and July 31. Page 298 of 352 (4) Tree protection fence shall be placed outside of the CRZ of trees being preserved. If fencing is not possible, covering and maintaining the CRZ with geotextile fabric and 6 plus inches of wood-chip mulch will suffice. (5) There may be no construction activity within the CRZ of a significant tree located on an adjacent property. (H) Tree replacement standards. (1) A replacement tree shall not be any species presently under disease or insect epidemics, considered invasive, or a species that composes a high percentage of the city's urban forest without prior written approval from the city. Recommended species can be found in the City's Forestry Specification Manual. (2) Replacement trees must meet the planting size requirements for required landscaping.: (3) All replacement trees must be installed during appropriate season for that planting stock. (4) Replacement trees are not to be installed until exterior construction activities are complete in that area. (5) If there are greater or equal to 30 trees that are required, they shall be composed of no more than 10% of 1 species, 20% of 1 genus, and 30% of 1 family. If there are less than 30 trees are required, 1 species shall make up no more than 25% of the total. (6) Replacement trees shall not be planted in a location that will interfere with other infrastructure or be in extreme competition for resources with other trees at maturity. (7) The city may accept other vegetative or environmental alternatives proposed by an applicant if those alternatives are monetarily or ecologically equivalent to the value of the replacement trees required by this section. (8) Replacement trees shall be planted not more than 18 months from the date of the final approved tree replacement sheet as part of the tree preservation plan. Extensions may be requested in writing to the city. (9) If the number of replacement trees cannot be met on-site, the following is required: (a) A cash payment of$400 per replacement tree shall be provided to the city for the planting of trees that are as close as possible to the site that payment was received for or to subsidize trees sold to the city's residents; (b) Trees may be planted in city-owned or managed land as approved by the city; (c) Replacement trees may be installed on other properties owned by the applicant within the city. If a buffer area as defined by the natural resource corridor map is on said property, replacement trees shall be planted in this area first. (1) Unauthorized significant tree removal. (1) Any person, firm, or corporation who removes or causes the loss of a significant tree identified to be preserved on an approved tree preservation plan or without a permit allowing woodland alteration, shall be required to complete 1 of the following as determined by the city: (a) Installation of replacement trees within the same development at a 1:2 DBH (remove:replace); or (b) Payment to the city of$500 for every 1 inch of significant tree removed that was unauthorized. Measurement of each tree will be at DBH or diameter of the stump, whichever is readily available. This amount may be taken by the city from the financial security posted by the applicant for tree replacement, if any. A minimum of$15,000 payment will be required if measurements are unavailable. Page 299 of 352 (2) This provision also applies to a conservation easement area that is disturbed during or after development as well as removing a publicly managed tree of any size without written city authorization. (3) The city may withhold permits from any person, firm, or corporation who fails to complete the requirements above. (J) Financial security. (1) (a) The applicant shall provide the city with a cash escrow, or other form of security that the city deems acceptable, in the amount of 150% of the total tree replacement estimate. (b) Formula: Number of replacement trees x tree replacement estimate x 150%= financial security due. (2) The financial security required for the replacement trees is due prior to the issuance of the grading permit or the commencement of any woodland alteration activity. (3) All replacement trees must be warrantied to guarantee survival. The warranty period shall begin upon inspection and acceptance by city staff of the installed trees for proper planting, size, species, health, and location. If at any time during the warranty period replacement trees are found to be unhealthy by city staff, they are required to be replaced with the same size and species by the applicant at the soonest appropriate planting time. (a) For commercial/industrial sites and residential developers, up to 75% of the financial security may be returned upon inspection and acceptance by the city of installed trees and the submittal of a city-approved two-year warranty from the landscape contractor who installed the trees. This warranty must cover tree health issues relating to excess or insufficient water. The remaining financial security will be held by the city for 2 years. When reducing the financial security, 75%will be returned unless city staff feels the trees have a heightened risk of failure. (b) For builders of individual residential lots within a subdivision who receives a one-year warranty from the landscape contractor who installed the trees, 100% of the financial security will be returned upon: 1. Inspection and acceptance of installed trees by the city; and 2. Providing the lot buyer with the copy of the two-year warranty from the landscape contractor and contact information to make a claim on the warranty. (4) (a) If the financial security has not been returned in full after the inspection of the installed trees, at the end of a two-year warranty period, the applicant shall schedule a final inspection with city staff. (b) Prior to scheduling the inspection, the applicant shall confirm the following conditions are met: 1. All trees have 1 dominate leader, are free of deadwood, and injured branches; 2. All tree wrap is removed; 3. All stakes and wires are removed; and 4. Trees are in leaf. (c) At the time of final inspection the city shall decide to: 1. Refund the financial security in full; or 2. Require the planting of new trees to replace the replacement trees which do not survive or are declared unhealthy by city staff. If 25% or more of the replacement trees are required to be replaced, the appropriate amount of financial security will be held for an additional 2 years for said trees. (5) The financial security will be used by the city only if the applicant does not install the initial or subsequent replacement trees required in this chapter. Page 300 of 352 (6) Any trees required to be removed per § 130.17 from a site, shall be removed and disposed of according to § 130.17 prior to release of the financial security. (7) The city shall be exempt from the financial security requirement of this section. (K) General regulations. (1) If the applicant disagrees with the city staff's decision with respect to the interpretation or enforcement of this chapter, the applicant may appeal that decision by following the procedure established in § 151.016. (2) Land previously planted for commercial tree farm purposes shall be subject to tree replacement requirements as determined appropriate by the city with the maximum requirement being the current allowable tree removal requirements of division (F) above. (3) Inspections required in this chapter will be conducted by staff from the City's Natural Resources Department or other city staff as assigned. (L) Effective date. This section becomes effective from and after its passage and publication. Ord. 1,passed 4-1-1978; Ord. 31, passed 10-25-1979; Ord. 96,passed 11-11-1982; Ord. 132, passed 9-22-1983; Ord. 158,passed 1-31-1985; Ord. 246,passed 6-17-1988; Ord. 253,passed 10-14-1988; Ord. 259, passed 11-11-1988; Ord. 272, passed 8-25-1989; Ord. 338, passed 8-6- 1992; Ord. 377, passed 7-7-1994; Ord. 434, passed 1 1-30-1995; Ord. 430, passed 2-1-1996; Ord. 815,passed 3-26-2009; Ord. 883, passed 5-20-2014) Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of April, 2018 Mayor of the City of Shakopee ATTEST: City Clerk Page 301 of 352 10.A.2. pb"IA ' AK 0FT. 7, Shakopee City Council April 3, 2018 FROM: Michael Kerski, Director of Planning and Development TO: Mayor and Council Members Subject: Text amendment to the zoning code to modify density in Major Rec PUD from 40 DUA to 28 DUA and to allow residential on up to 40 acres at Canterbury and 20 acres at Valley Fair. Policy/Action Requested: Adopt 02018-002 to make changes to the PUD text to bring it in line with the Comprehensive Plan amendment that was previously approved. Recommendation: Adopt 02018-002 Discussion: The City Council approved a Comprehensive Plan Amendment that sets 28 dwelling units per acre as the maximum density in PUD in the Major Recreation Zone. It also limits these residential density to roughly 10% of the total land guided in two areas, Canterbury and Valleyfair. This text amendment codifies those changes into the zoning code. This was unanimously recommended for approval by the Planning Commission. Budget Impact: ATTACHMENTS: D Ordinance Page 302 of 352 ORDINANCE NO. 02018-002 AN ORDINANCE OF THE CITY OF SHAKOPEE AMENDING TITLE XV OF THE CITY CODE BY MODIFYING DENSITIES TO RESIDENTIAL USES IN MAJOR RECREATION ZONES AS PART OF A PUD. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: 151.044 Major Recreation Zone (MR) of the City Code is amended to add the following (A) Purpose. The purpose of the Major Recreation Zone is to create a high-quality environment for large amusement and recreation attractions with a regional draw, with a high degree of land use compatibility and street efficiency. It is further the intent of the Zone to protect existing landscape features, to preserve open space, to sensitively integrate development with the natural landscape, and to require the planning of entire land ownerships as a unit rather than permit piecemeal or scattered small developments. (B)Perrnitted uses. Within the Major Recreation Zone, no structure or land shall be used except for one or more of the following uses: (1) Public recreation; (2) Restaurants, Class I; except those having an outdoor patio or congregation area that customers are allowed to use after 10:00 p.m. and where the nearest point of the property on which the restaurant is located is less than 100 feet from the nearest point of the property where a residential use is located; (3) Restaurants, Class II, except those having an outdoor patio or congregation area that customers are allowed to use after 10:00 p.m. and where the nearest point of the property on which the restaurant is located is less than 100 feet from the nearest point of the property where a residential use is located; (4) Public buildings; (5) Utility services; (6) Utility service structures, subject to the following requirements: (a) Shall not be a water tower or electrical substation or a building constructed to house sanitary lift station controls; (b) Shall be 20 feet or less in height; (c) May be used only to provide weather protection for utility equipment; (d) Shall be designed,placed, and landscaped as necessary to assure that it blends with the neighboring uses, and is unobtrusive; (e) Shall comply with all applicable design standards; and (f) Single- and mixed-use developments which comply with § 151.048, and have received approval from the City Council; (7) Uses having a drive-up or drive-through window, subject to the following requirements: (a) Shall be screened to a height of 6 feet from any adjacent residential zone; (b) Shall not have a public address system which is audible from any residential property; (c) Shall provide stacking for at least 6 vehicles per aisle. The required stacking shall not Page 303 of 352 interfere with internal circulation patterns or with designated parking facilities, and shall not be located in any public right-of-way,private access easement, or within the required parking setback; (d) Trash receptacles, including,but not limited to, dumpsters, shall be stored in any enclosed areas, including the top. The enclosed areas shall be constructed of similar and/or complementary materials to the principal structure and meet the standards of this code of ordinances. (8) Relocated structures, subject to the following requirements (a) Shall obtain a moving permit from the city under § 111.07; (b)Prior to moving, the applicant shall have given cash, a cashier's check, or letter of credit as a financial guarantee to the city to ensure completion of all work. The financial guarantee shall be in an amount equal to the Building Official's estimate of the cost to bring the structure into compliance with the Building Code; (c) The structure shall meet all requirements of the Building Code within 6 months after moving; (d) If the structure is not in full compliance with the Building Code after 6 months of moving, the city, in its sole discretion, may draw on the financial guarantee and take whatever steps it deems necessary to bring the relocated structure into compliance with the Building Code. In the event the city draws on the financial guarantee, 10% of the total guarantee shall be paid to the city as its administrative fee; (e) The applicant shall provide the Building Department with all plan review comments and inspection records from Building Codes and STDS Division and from the city of origin where constructed; (f)An approved county highway moving permit will be required for the moving of the structure; (g) The structure shall be required to meet all setbacks, design, and performance standards specified in this code of ordinances, unless otherwise approved; and (h) Repair of any damage to city streets as a result of relocating the structure shall be paid for by the applicant. (9) Brewpubs. (10) Taverns, except those having an outdoor patio or congregation area that customers are allowed to use after 10:00 p.m. and where the nearest point of the property on which the tavern is located is less than 100 feet fi•om the nearest point of the property where a residential use is located. (C) Conditional or planned unit development uses. Within the Major Recreation Zone, no structure or land shall be used for the following uses except by conditional use permit or planned unit development: (1) Restaurants, Class I or Class 11, that have an outdoor patio or congregation area that customers are allowed to use after 10:00 p.m. and where the nearest point of the property on which the restaurant is located is less than 100 feet from the nearest point of the property where a residential use is located. Additional standards for such uses are contained in § 151.013; (2) Commercial recreation, major or minor: (3) Hotels,motels, and conference centers; (4) Horse care uses including boarding, training, showing, grooming, and veterinary clinic facilities; Page 304 of 352 (5) Retail uses and entertainment facilities; (6) Administrative, executive, and professional offices; (7) Health and athletic facilities; (8)Private lodges and clubs; (9) Day care facilities; (10) Adult day care centers as conditional use, subject to the following conditions: The adult day care centers shall: (a) Serve 13 or more persons; (b) Provide proof of an adequate water and sewer system if not served by municipal utilities; (c) Have outdoor leisure/recreation areas located and designed to minimize visual and noise impacts on adjacent areas; (d) 1. The total indoor space available for use by participants must equal at least 40 square feet for each day care participant and each day care staff member present at the center. When a center is located in a multi-functional organization, the center may share a common space with the multi-functional organization if the required space available for use by participants is maintained while the center is operating. 2. In determining the square footage of usable indoor space available, a center must not count: a. Hallways, stairways, closets, offices, restrooms, and utility and storage areas; b. More than 25% of the space occupied by the furniture or equipment used by participants or staff, or c. In a multi-functional organization, any space occupied by persons associated with the multi-functional organization while participants are using common space. (e) Provide proof of state, federal, and other governmental licensing agency approval; and (f) Comply with all other state licensing requirements. (11) Structures over the height allowed based on their setback; (12) Developments containing more than one principal structure per lot; (13)Farm wineries producing less than 50,000 gallons of wine per calendar year; (14) Micro-distilleries; (15) Small breweries with taprooms; (16) Utility structures which do not meet the standard conditions under the permitted uses; (17) Power generation facilities; (18) Churches and other places of worship; (19) Taverns having an outdoor patio or congregation area that customers are allowed to use after 10:00 p.m. and where the nearest point of the property on which the tavern is located is less than 100 feet from the nearest point of the property where a residential use is located. Additional standards for such uses are contained in § 151.013; or (20) Other uses similar to those permitted by this division (C), upon a determination by the Board of Adjustment and Appeals, may be allowed upon the issuance of a conditional use permit. (21)-Residential uses where it is an incidental use of no more than 6n4=ffea 40 acres at Canterbury and 20 acres at Valleyfair and i:s must be part of a Planned Unit Development. Page 305 of 352 (D)Permitted accessory uses. Within the Major Recreation Zone, the following uses shall be permitted accessory uses: (1) Parking and loading spaces; (2) Temporary construction buildings; (3) Decorative landscape features; (4) Communication service apparatus/device(s) as permitted accessory uses, subject to the following conditions: (a) Shall be co-located on an existing tower or an existing structure; (b) Must not exceed 175 feet in total height(including the extension of any communication service device(s) apparatus); (c) Lights and/or flashing equipment shall not be permitted unless required by state or federal agencies; (d) Signage shall not be allowed on the communication service device(s)/apparatus other than danger or warning type signs; (e) Must provide proof from a professional engineer that the equipment wil l not interfere with existing communications for public safety purposes; (f) Shall be located and have an exterior finish that minimizes visibility off-site to the maximum extent possible; (g) Applicable provisions of this code of ordinances, including the provisions of the State Building Code therein adopted, shall be complied with; (h) All obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed, the site shall be restored to its original or an approved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site; (i) The applicant shall submit a plan illustrating all anticipated future location sites for communication towers and/or communication devices(s)/apparatus; 0) Wireless telecommunication towers and antennas will only be considered for city parks when the following conditions exist and if those areas are recommended by the Parks and Recreation Advisory Board and approved by the City Council: 1. City parks of sufficient size and character that are adjacent to an existing commercial or industrial use; and 2. Commercial recreation areas and major play fields used primarily by adults. (k) All revenue generated through the lease of a city park for wireless telecommunication towers and antennas should be transferred to the Park Reserve Fund. (5) Towers for commercial wireless telecommunications services shall only be allowed subject to the following conditions: (a) Shall also operate as a public utility structure; (b) Shall be located within the public rights-of-way; (c) Shall be limited to 75 feet in height; (d) Shall limit the height of antennas and communication service devices to 10 feet beyond the height of the structure; (e)No setback shall be required when located in the public rights-of-way; (f) Turf or other materials shall be established in the right-of-way consistent with the materials in the right-of-way at the time of installation; Page 306 of 352 (g) Lights and/or flashing equipment shall not be permitted unless required by state or federal agencies; (h) Shall be protected with corrosive resistant material; (i) Signage shall not be allowed on the tower other than danger or warning type signs; 0) Must provide proof from a professional engineer that the equipment is not able to be collocated on any existing or approved towers and prove that the planned tower will not interfere with existing communications for public safety purposes; (k) Must be built to accommodate antennas being placed at varying heights on the tower; (l) Existing vegetation on the site shall be preserved to the maximum extent possible; (m) Shall be surrounded by a security fence 6 feet in height with a lockable gate; (n) Shall have an exterior finish that minimizes visibility off-site to the greatest extent possible; (o) Applicable provisions of this code of ordinances, including the provisions of the State Building Code therein adopted, shall be complied with; (p)No tower shall be permitted unless the equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within the one- half mile search radius of the proposed tower for any of the following reasons: 1. The necessary equipment would exceed the structural capacity of the existing or approved tower or building and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost, as certified by a qualified, licensed professional engineer; 2. The necessary equipment would cause interference as to significantly impact the usability of other existing or planned equipment at the tower, structure, or building and the interference cannot be prevented at a reasonable cost, as certified by a qualified, licensed structural engineer; 3. Existing or approved towers and buildings within the one-half mile search radius cannot or will not accommodate the planned equipment at a height necessary to function reasonably, as certified by a qualified, licensed professional engineer; or 4. The applicant, after a good faith effort, is unable to lease space on an existing or approved tower or building. (q) All obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed, the site shall be restored to its original or an improved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site; and (r) The applicant shall submit a plan illustrating anticipated sites for future location for communication towers and/or communication device (s)/apparatus. (6) Other accessory uses customarily appurtenant to a permitted use, as determined by the Zoning Administrator. (E)Design standards. Within the Major Recreation Zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements: Page 307 of 352 (1)Density: ffliiiiffitiffi let afe� ae Must be part of a PUD and no more than 40 28 dwelling units per acre; (2)Maximum impervious surface percentage: 80%; (3)Lot specifications. (a)Minimum lot width: 300 feet; (b)Minimum front yard setback: 1/2 of that structure's height or 50 feet, whichever is greater; residential setback can be from zero to 30 feet. Zero setback is allowed in areas where there is an urban character that includes pedestrian connections and wider than required sidewalks with boulevard street trees. (c) Minimum side yard setback: 1/2 One-half of that structure's height or 25 feet, whichever is greater; residential is 20 feet. (d)Minimum rear yard setback: 1/2 of that structure's height or 30 feet, whichever is greater; and residential is 20 feet. (e) Minimum rear yard setbackfrom residential zones: 1/2 of that structure's height or 50 feet, whichever is greater and residential use to residential zone is 20 feet. (4)Minimum access spacing. (a) County Roads 83 and 16: no access is allowed other than to public and private streets with a minimum spacing of 600 feet; and (b) Shenandoah Drive and any continuation thereof to and including Secretariat Drive; and Fourth Avenue. Street and driveway access points must be separated by a minimum of 300 feet. Section 4. Effective Date. This ordinance shall be in effect from and after the date of its passage and publication Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 2018. Mayor of the City of Shakopee ATTEST: City Clerk Page 308 of 352 10.A.3. pb"IA ' AKOFT. 7, Shakopee City Council April 3, 2018 FROM: Michael Kerski, Director of Planning and Development TO: Mayor and Council Members Subject: Transfer of city-owned property to the EDA. Policy/Action Requested: Adopt Resolution No. R2018-039 to transfer property to the EDA that was acquired in the city's name. The particular property is the small house at Scott and First Avenue that was acquired to assemble a redevelopment site along the river bluff. Recommendation: Adopt Resolution No. 2018-039 transferring property from the city to the EDA. Discussion: The city has in the past acquired property from MNDOT and other property owners for redevelopment or holding. The city typically only holds property in its name for city-used buildings, parks, ROW and trails. The city should not be holding these properties in its name but they should be in the EDA's name. In the future, contracts for land will be in the name of the EDA. Budget Impact: ATTACHMENTS: D Resolution No. R2018-039 Page 309 of 352 CITY OF SHAKOPEE RESOLUTION NO. R2018-039 RESOLUTION TRANSFERRING PROPERTY OF THE CITY OF SHAKOPEE TO THE ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE WHEREAS, the Economic Development Authority in and for the City of Shakopee, Minnesota (the "Authority") was created pursuant to Minnesota Statutes, Sections 469.090 through 469.1082, as amended (the "Act") and was authorized to transact business and exercise its powers by Resolution No. 4206, adopted by the City Council of the City (the "City") on April 4, 1995, as amended by Resolution No. 4381, adopted by the City Council of the City on February 6, 1996; and WHEREAS, the property legally described as Lot 1, Block 7, City of Shakopee, according to the recorded plat thereof, and situate in Scott County, Minnesota is currently owned by the City (the "City Property"); and WHEREAS,the City intends to transfer the City Property to the Authority in order to encourage economic development and redevelopment in the City; and NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Shakopee that: 1. The City Council hereby approves the transfer of the City Property to the Authority. 2. The City Administrator is authorized and directed to transmit a certified copy of this resolution to the Executive Director of the Authority and to other governmental officers as appropriate. 3. The Mayor, the City Administrator, and all other officers and employees of the City are authorized and directed to take whatever action and to execute and deliver such documents that are necessary to give effect to this resolution. Approved by the City Council of the City of Shakopee this 3"day of April,2018. Mayor ATTEST: City Clerk 5197850 JAE SH155-451 Page 310 of 352 10.A.4. pbllakA ' AKOFT. 7, Shakopee City Council April 3, 2018 FROM: Michael Kerski, Director of Planning and Development TO: Mayor and Council Members Subject: Joining Met Council Livable Communities Program. Policy/Action Requested: Adopt Resolution No. R2018-37 to join the Met Council's Livable Communities Program. Recommendation: Adopt Resolution No. R2018-37 to join the Met Council's Livable Communities Program. Discussion: The City of Shakopee was a member for many years of the Livable Communities Program. It dropped from the program in 2010 as part of the 2030 Comprehensive Planning Process. The city has discussed rejoining the program twice since that time. We are in the process of completing Envision Shakopee, the 2040 Comprehensive Plan. The city would have to include goals and objectives of its share of affordable housing for the region. That number is currently 586. The life-cycle goal of 1,368 to 2,105 units of housing guided for medium, high, mixed use, redevelopment and TOD or similarly named residential has been largely met with a number of projects in the pipeline including HyVee, Sand Companies, Doran and redevelopment sites and other projects completed including the Henderson (5 1) and soon to start construction MWF (57 in fust phase, 48 in second phase) and the preservation of a senior project on 4th Street. The Livable Communities Program is a voluntary program, based in incentives that provides funding for communities to in local economic revitalization, affordable housing initiatives and development or redevelopment that connects different land uses and transportation. The city of Shakopee would be eligible to participate in the following programs: Page 311 of 352 • Tax Base Revitalization - better known as the brownfields program • Livable Communities Demonstration Account that supports development and redevelopment that links housing,jobs and services while demonstrating efficient and cost-effective use of land and infrastructure • Local Housing Incentives Account that funds production and preservation of affordable housing choices for households with low to moderate incomes • TOD development funding around light rail or high frequency bus stations The city will enter into negotiations for the 2040 Comp Plan for long term affordable housing goals with a housing action plan that will be do in 2019. That plan can include lowering fees (already accomplished for multifamily housing for Park Dedication) and the landscape revisions should have a positive impact on all housing. The Livable Communities Program is based on cooperation and incentives to achieve regional and local goals. Currently 95 communities participate in the program. By joining at this time, this allows the 2040 Comp Plan to reflect the Met Council goals and makes the city eligible for funding. Another Resolution will be required later to join for the next ten years, 2020-2029 period. That will reflect the work incorporated into the 2040 Comp Plan. Budget Impact: ATTACHMENTS: D Resolution No. R2018-037 D Livable Communities Program D Livable Communities Funding Page 312 of 352 RESOLUTION NO. R2018-037 RESOLUTION ELECTING TO PARTICIPATE IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEARS 2018 THROUGH 2020 WHEREAS, the Metropolitan Livable Communities Act(Minnesota Statutes sections 473.25 to 473.255) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account, the Local Housing Incentive Account and the Inclusionary Housing Account, is intended to provide certain funding and other assistance to metropolitan-area municipalities; and WHEREAS, a metropolitan-area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Employment and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under Minnesota Statutes section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life-cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, a metropolitan-area municipality can participate in the Local Housing Incentives Account Program under Minnesota Statutes section 473.254 if. (a) the municipality elects to participate in the Local Housing Incentives Program; (b) the Metropolitan Council and the municipality successfully negotiate new affordable and life-cycle housing goals for the municipality; (c) the Metropolitan Council adopts by resolution the new negotiated affordable and life-cycle housing goals for the municipality; and(d) the municipality establishes it has spent or will spend or distribute to the Local Housing Incentives Account the required Affordable and Life-Cycle Housing Opportunities Amount(ALHOA) for each year the municipality participates in the Local Housing Incentives Account Program. NOW, THEREFORE, BE IT RESOLVED THAT the City of Shakopee, MN: 1. Elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act for calendar years 2018 through 2020. 2. Agrees to the following affordable and life-cycle housing goals for calendar years 2018 through 2020: Page 313 of 352 Affordable Housing Goals Range Life-Cycle Housing Goals Range At or below 30% AMI 446 2,100 units From 31%to 50% AMI 89 2030 Comp Plan direction From 51% to 80%AMI 173 Total Units 598 Per the 2030 Comp,Plan direction 3. Will prepare and submit to the Metropolitan Council a plan identifying the actions it plans to take to meet its established housing goals as part of the 2040 Comprehensive Plan. Approved: April 3, 2018 By: By: Mayor Clerk Page 314 of 352 uuuuuuuuuu m uuuuuuuuuuuuuuuuuuuuu uuuuml uuuuuuuuuuC 0 ��Vl ��Vl U ............ ............ uuuuuuuuuu umuu umiipuu III investirneints lin coirnirnuinity vitality Thriving job centers stand on once-polluted land. Workers such as teachers, police officers, and health care aides can find affordable housing in the communities where they work. Residents can shop, get on a bus to go to work, and enjoy a local park all within walking distance of their front door. These opportunities are supported by the Livable Communities Act (LCA), adopted by the Minnesota Legislature in 1995 and administered by the Metropolitan Council. Voluntary program, based on incentives The LCA provides funding for communities to invest in local economic revitalization, affordable to help communities grow and redevelop, and to address the region's affordable and lifecycle housing needs. housing initiatives, and development or redevelopment that connects different land uses and transportation.The program is a voluntary, incentive-based approach regional goals „n o Funding helps achieve community, Under the LCA, the Council makes grant and loan awards from three accounts: • Tax Base Revitalization Account (TBRA)— Cleans up brownfields for redevelopment, job creation and affordable housing. Page 315 of 352 • Livable Communities Demonstration Account (LCDA) — Supports development and redevelopment that links housing, jobs and services while demonstrating efficient and cost-effective use of land and infrastructure. • Local Housing Incentives Account (LHIA)— Produces and preserves affordable housing choices for households with low to moderate incomes. • Transit Oriented Development (TOD)— Catalyzes development around light rail, commuter rail, and high-frequency bus stations. To compete for LCA funding, communities must negotiate long-term affordable and lifecycle housing goals with the Council and develop a Housing Action Plan to accomplish these goals. In 2017, 95 participating communities are eligible to compete for funding from all four LCA categories. The LCA's emphasis is on cooperation and incentives to achieve regional and local goals. Local communities are positioned well to make decisions about how their cities and towns will grow and develop, but the LCA recognizes it often takes partnerships and shared resources to move from community plans to tangible results. Investments reap impressive results From 1996 through January 2017, the Council awarded 971 grants totaling about $347 million in Livable Communities funds. These grants are expected to leverage billions of dollars in private and other public investments. Following is a summary of grants made: • 433 TBRA pollution cleanup grants (non-TOD) totaling nearly $118 million were made to 46 cities. The 2016 projects will leverage more than $746 million in private investment and add $7.1 million in net tax capacity, and result in more than 3,900 new and retained jobs. 258 LCDA grants (non-TOD) totaling more than $142 million were made to development and redevelopment projects that link housing, jobs and services, and maximize efficient infrastructure in 67 cities. The 2016 LCDA grants are expected to leverage more than $395 million in other public and private funds. • 182 LHIA grants to 53 cities, totaling $35.3 million, provided new or rehabilitated affordable housing opportunities. The 2016 LHIA awards leverage more than $50 million in public and private funds to assist with 281 new and rehabilitated affordable housing units, 271 of which are affordable at 60% of area median income or less. 76 Transit-Oriented Development awards totaling almost $46.4 million have been made in 17 cities with TBRA and LCDA funds to leverage investment near light rail transit, high-frequency bus routes, and bus rapid transit corridors. Other benefits of LCA funds are restored natural resources, improved transportation options, new community amenities, and thriving new neighborhoods. Page 316 of 352 Advisory Committee helps select projects �f The Livable Communities Advisory Committee recommends funding awards to the Council for the ti � Livable Communities Demonstration Account. The r committee reviews complex development and redevelopment proposals against the program's criteria for connected development patterns that link housing, jobs and services. The committee's 15 members have expertise in development specialties, including local government planning and economic or community development; public and private finance; new development and redevelopment; transportation; environment; site design; and community-based organizations. Cooperative efforts reduce "red tape" Communities in the region applying for public funding to produce affordable multi-family rental housing need fill out only one application through Minnesota Housing. Representatives from the Council, the Family Housing Fund, and Minnesota Housing review the applications and make grants from a variety of public funding sources, including LHIA. TBRA funding is coordinated with complementary programs at the Minnesota Pollution Control Agency, the Minnesota Department of Employment and Economic Development, and Hennepin and Ramsey counties. Page 317 of 352 LIVABLE COMMUNITIES GRANTS Investing in community vitality The 1995 Livable Communities Act (LCA) funds community investment that revitalizes economies, creates affordable housing, and links different land uses and transportation. LCA's voluntary, incentive-based approach leverages partnerships and shared resources to help communities achieve their regional and local goals. The Council awards 4 types of grants to communities Livable Communities i Supports innovative development and redevelopment that links housing, jobs, and services and demonstrates efficient and cost-effective use of land and infrastructure. Local Housing Produces and preserves affordable housing choices for low to moderate incomes. Tax Base Revitalization Cleans up contaminated sites for redevelopment that creates jobs and/or produces affordable housing. Transit Oriented Development ) Catalyzes development around light rail, commuter rail, and high frequency bus stations. More about TOD grants. 2017 Funding The Metropolitan Council has approved the 2017 Fund Distribution Plan making the following amounts available in each grant category: LCDA - $7.5 million LHIA - $2.5 million TBRA - $5 million, including up to $250,000 for site investigation LCDA-TOD - $5 million, including up to $500,000 for Pre-development TBRA-TOD - $2 million, including up to $250,000 for site investigation Page 318 of 352 10.A.5. PbIIIA ' AKOFT. 7, Shakopee City Council April 3, 2018 FROM: Michael Kerski, Director of Planning and Development TO: Mayor and Council Members Subject: Creation of a steering committee until January 31, 2019 to assist in parks, trails, open space and recreation planning. Policy/Action Requested: Approve creation of the steering committee and set its expiration as of January 31, 2019 Recommendation: Approve the creation of the Committee Discussion: Many of Council's priorities for 2018 include parks, trails, open space and recreation activity. Based on data already gathered from the community as part of the 2040 Comprehensive Plan, parks and trails are at the top of many residents list of items for improvement and change. Staff will be issuing a request for proposals for a consultant to review at every level all of our recreation and park building facilities, trails, park land, future locations, open space, programing, revenues, expenses and long term viability including capital improvements. Many cities in the state have launched or completed similar studies. Their recommendations are surprising in some aspects for the community requests for some non- traditional parks and amenities. These reflect the changing demographics of communities. For instance, Edina is closing its golf course and creating a natural storm water park and educational area. Other communities are installing ropes courses, adventure playgrounds and pickle ball courts. As part of this thorough examination of the systems, most communities have created a larger community committee to allow the consultant to hear from various groups and interests while also engaging the larger community through surveys and community meetings. Page 319 of 352 The Steering Committee was designed to represent the various users and commissions and advisory boards that oversee the community's assets while also including businesses and residents at large. The first task of the Committee will be to review RFP responses and assist in making a recommendation to the Council. The Committee will be staffed by the Planning and Development Department with assistance from Parks and Rec. Budget Impact: ATTACHMENTS: D Resolution R2018-036 Page 320 of 352 CITY OF SHAKOPEE RESOLUTION NO. R2018-036 RESOLUTION CREATING A PARKS, RECREATION, TRAILS AND OPEN SPACE STEERING COMMITTEE WHEREAS, the City Council has identified Parks, Recreations, Trails and Open Space as important to the community WHEREAS, all of these impact the quality of life for our residents WHEREAS,the City sees the importance of responding to the varying needs of a growing and changing community WHEREAS,these programs and uses are significant investments in our community and also create long term maintenance demand and expense NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Shakopee that: 1. The City Council appoints a Steering Committee to oversee a community-wide evaluation and planning process that includes community input,examination of operations and expenses and future capital outlays 2. The City Council will fill non-commission or advisory board seats and that the Planning Commission, Parks &Rec Advisory Board and Bike Committee are directed to fill their respective spots 3. The Committee shall consist of the following members: Two Council members Two members from the Parks &Rec Advisory Board Two members from the Planning Commission One member from the Bike Committee Convention &Visitors Bureau Director Public Works Director or assign Sherry Dvorak from Parks &Rec representing the various associations Two members from large employers One member from small business Four residents from various parts of the community 4. The Committee shall meet at least monthly for input into the process and to provide feedback as necessary and shall report back to the City Council with a final report and recommendations no later than the second Council meeting in January 2019 Approved by the City Council of the City of Shakopee this 3'day of April,2018. Mayor ATTEST: City Clerk Page 321 of 352 10.A.6. pbllakA ' AKCFT. 7, Shakopee City Council April 3, 2018 FROM: Michael Kerski, Director of Planning and Development TO: Mayor and Council Members Subject: Transfer from the City the rights to purchase Doggie Doo's and assigns the rights to their new lease to the EDA. Policy/Action Requested: Adopt Resolution No. R2018-041 to assign the City's Purchase Agreement and Lease Agreement to the EDA Recommendation: Adopt Resolution No. R2018-041 to assign the City's Purchase Agreement and Lease Agreement to the EDA Discussion: As mentioned in an earlier report, the city was the original approval body for the property acquisition of Doggie Doo's site along with their lease. This Resolution assigns those rights to the EDA. The city should not be owning this property nor managing it. The property will be closed this week in the EDA's name and the owners of Doggie Doo's will be signing a new lease in the name of the EDA at the closing. In the future all property transactions will be in the EDA's name. In May, the city will be cleaning up the HRA property ownership and transferring any of those properties into the HRA. Budget Impact: ATTACHMENTS: D Resolution No. R2018-041 D Assignment and Assumption Agreement Page 322 of 352 CITY OF SHAKOPEE RESOLUTION NO. R2018-041 RESOLUTION APPROVING THE EXECUTION OF AN ASSIGNMENT OF PURCHASE AGREEMENT WHEREAS, Doggie Doo's Spa & Retreat Inc, a Minnesota corporation (the "Tenant"), currently leases the property located at 321 First Avenue West, Shakopee, Minnesota (the "Property") from Booyaah Properties,LLC,a Minnesota limited liability company(the"Owner"); and WHEREAS, the City of Shakopee, Minnesota (the "City") has entered into a purchase agreement with the Owner (the "Purchase Agreement") to purchase the Property from the Owner on or about April 4,2018; and WHEREAS,the City has proposed to assign the Purchase Agreement to the Economic Development Authority for the City of Shakopee,Minnesota(the"Authority"); and WHEREAS, there has been presented before the City Council of the City a form of an Assignment and Assumption of Purchase Agreement(the "Assignment Agreement")between the City and the Authority setting forth the terms and conditions under which the City will assign the Purchase Agreement to the Authority; and NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Shakopee that: 1. The Assignment Agreement is hereby approved. The Mayor and City Administrator are authorized and directed to execute the Assignment Agreement in substantially the form on file in City Hall, subject to modifications that do not alter the substance of the transaction and are approved by the Mayor and City Administrator; provided that execution of the Assignment Agreement will be conclusive evidence of approval. 2. The Mayor and City Administrator are hereby authorized to execute any other documents or certificates deemed necessary to cant' out the transactions described in the Assignment Agreement and the intention of this resolution. Approved by the City Council of the City of Shakopee this 3"day of April,2018. Mayor ATTEST: City Clerk 5181950 JAE SH155-451 Page 323 of 352 ASSIGNMENT AND ASSUMPTION OF PURCHASE AGREEMENT FOR VALUABLE CONSIDERATION, City of Shakopee, a Minnesota municipal corporation("Assignor"),hereby assigns and transfers unto Economic Development Authority for the City of Shakopee, a municipal corporation under the laws of Minnesota ("Assignee"), all of the Assignor's right, title, and interest in the purchase agreement, dated June 20, 2017, regarding the property located at 321 First Avenue West, Shakopee, Minnesota, with tax identification numbers of 270010820 and 270010830. Assignee hereby assumes Assignor's obligations thereunder. Dated: April 3, 2018 CITY OF SHAKOPEE ("Assignor") By: Its: Mayor By: Its: City Manager Economic Development Authority for the City of Shakopee ("Assignee") By: Its: Chairperson By: Its: Executive Director 5194520 SH155-451 Page 324 of 352 11.A. pb"IA ' AKOFT. 7, Shakopee City Council April 3, 2018 FROM: Darin Nelson, Finance Director TO: Mayor and Council Members Subject: City Bill List Policy/Action Requested: None Recommendation: Informational Only Discussion: Attached is the most recent monthly Financial Report for the General fund. These reports reflect the expenditures as recorded for 2018 activity. The following transactions are notable for this reporting cycle: • CPMI submitted draw #27 for Shakopee City Hall project. Final payments were made to: Donlar Construction, 540,270.09, S & J Glass Inc, $43,238.35 and Otis Elevator, 6,270.00. Included in the check list are various refunds, returns, and pass through. 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O O Cl p O O p p p In O V c0 Cl) 7 7 c Oo O Utz O O O O O O O O O In (O 7ll7 Ul OJ V f� D O O p O O U(� U(� O W O O W M Un N M Cl) N N 0 V N O O p O CA N (M p O 00 I` co r r Qr r N O O CO O O O co 00 O @ N N N N N J @ 01 01 01 01 61 N M M M M M Yr N M V N U vO1i v°1i v°�i u°i uO1i to n n n n n m @ M Cl) Cl) °C r Page 336 of 352 0 o W v g O rr p w H N a fr w U w g LU w O N .- Z D CJ W Z W () Q M d c O Q H > H O O > K H Z Z Z ZLU LU H Q H N H W > � 7 U W Q W (n Z 2LU <L' W U Z LU 0 Q Ir W U W W Q K 2' W W' 00 d LL d W' C U d w Lu W' LL m LU U) d LL d Q d 3 C C O C o O U N N W W W W W W W W W W W W W W W W W W W Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z c O O O O O O O O O O O O O O O O O O O _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ o d d d d d d d d d d d d d d d d d d d � w w w w w w w w w w w w w w w w w w w U J J J J J J J J J J J J J J J J J J J Q W W W W W W W W W W W W W W W W W W W H H H H H H H H H H H H H H H H H H H d O OO 7 O Z V V VV V m V V V V V V m V V m m V m C M M co M Cl) M M M M Cl) M M M M M M M co M O co co Cl) Cl) m m co co co co Cl) M m m co co co Cl) Cl) N O (o (o (o c0 c0 c0 c0 c0 c0 c0 (0 c0 c0 c0 c0 c0 c0 c0 c0 J E U N V N 0) LO (0 r N N d) N N V r N U Q O V Co (o (O (0 (0 (0 (0 to co M V (0 V (o W O O O O O o O O O O O O O O N O O O O a O T U) o O Y in 2 as O co N LL Y p p p p p p p p p p p p p p (o (o (0 0) M M M MN M M M M M M M M M M o0 00 0N0 aN0 a0 L Y O �_ O �_ O M �_ M �_ M �_ M F U Z O M O M O M O M O M O M O M O M O M O M O M O M O M O M O M O M O M O M O M O > ) N M N M N M N m N M N M N M N M N M N M N m N M N M N M N M N M N M N M N m N C U C M N M N M N M N � N � N � N � N � N � N � N � N � N � N N � � N � Q Q Q Q Q N Q N Q N Q N Q N Q N Q N Q � Q N Q N Q N Q N Q N Q N Q N Qo CA O O (0 W co (0 c0 c0 O O (0 (0 co (0 (0 ti n 1` W 0) U o v v v v v v v v v v v v v v v v v v v O O O m G) m O O O O 0) m m O O O O O 0) Z 2 Q r r O d Y z J O K 6 F- Z 6 Z xxW U w o rn m w ao w co 00 00 0o ao ao ao co co 00 Q ao CO CO Ln r n M CO CO 00 7 O 7 7 7 1- 00 C V V 00 Ln In V V V N O a0 N O M M r r r N O O O O N 00 O r r N r r Cl) Cl) M 7 r E Q O O Cn 00 O O O J N (6 � N N M Y � W) ul U u Y °C Page 337 of 352 z z z z w w LU LU o r w w v w p 2 � 2 o z z d w Lu w N a� U O w (7 (D LU in Z CC ¢ Q Q Q r) d H K H U) Q Q w Z Z w 2 w 2 w w J m (n w HU F- > W H w Q w C[ Q ~ W d' Z Q ❑ U J W Y W W LL W Y j W LL J W W O o �_ m z _� p U Of G w � GC w � t U � z LLI m U Q LL J (n LL EL L¢L (n d LL (n (n W d LL 0 (n L¢L W (D 3 z z c Z_ Z_ Z_ Z_ Zz_ _Z _Z _Z _Z _Z W o 2 2 2 2 2 2 2 2 2 2 d U V Z Q Q Q Q 0 0 0 0 0 0 _Z Z O a) LU LU LU LU LU LU LUN Q (�) U U U U U U U U U Q W ❑ z z z z z z z (n (n in in (n (n (n (n (n (n z z c O O O O O O O (7 g g C7 z O 2 2 2 2 2 2 2 Z I)f W' I)f ()f ()f CC CC 0� a� a� Z Q J w w w w w w w p 0 0 0 0 0 0 0 0 0 0 p Q w Q J LL LL LL LL LL LL LL LL LL LL J W (n w w w w w w w D Z Z Z Z Z Z Z Z Z Z n 0- M m > > > > > > > > > > m O `m a O z V Vm V V V In N N_ N ry N N N_ N N N_ In N O C M M M M M M O co co co Cl) M co co CO N N N N N N N N N N M00 cu W N c0 O c0 c0 c0 c0 c0 O c0 c0 c0 O O c0 O O O O O O O 7 J E U V N N r r r r r O h N N o0 h N r W N N V r M N N V r M W N O O E Q m co EDM ch v m v h h v CO v h h v o LL, O o O o 0 o O o 0 0 0 h h 0 0 o h h o 0 a � d � -o O Y in 2 as co K H OU ) N N M N N LO W Ln N N N N N m W W N W N O d d "'�O, W N h h h h h In In In In In N Cl) L Y O M �_ r �_ M �_ M V �_ M �_ h �_ m M M M M M N N N N N W 00 � F Ln h h h h Il- Ln Ln Ln Ln N (O > ❑ M O CO O M O M O CO O M O CO O > M N N M N M N M N M N O N LO 7 7 7 7 7 O O O O O h LO LO LO LO LO m O Z C U C N V W' �' N W' V �[ N V V V V V V V V V V V V VO ❑ — N Q N Q N Q N Q N Q N Q N Q O O O O O O O O O O O O W W O U Ln , , 1 O O O O O O O O O O O O O (0 U c m 0) 0) 0) m m rn It It v v v v v v v v v v Ln ro O O N Cl) 7 l0 (0 m m m m m m O O O O O m 00 N U OLn In Ln Ln IA Ln Ln M h r� h h h 00 00 00 00 W M h V d) d) m 0) 6) m O) 00 W W 00 W W W CD W W 00 O) co 0) Z Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln 00 r r r r r r r r r r r r r r r r r r r r r Z O 0 } U IL LL _U O 2 2 0 Z LL LL R � O ❑ V � Y ? r F 0 Z LL LL (n Q J J LOY � Y � � J p F o K - CO (J) LL JO w0 L-a w F 00 LU Z ❑ [if Z z z z ( Y W LU ❑ UH 2 W m W' 2 W m W' ❑ o 00 (0 m U y m U Y M < N d Q °r o m ~ H Y m H Y N W (� O m m C� O m m O O h h O CO 00 Cl) h OD 7 O (3) N 7 O M M W O (0 (0 O O C V OD h M N V N (q N OJ V OD V N OD V cq 01 C0 M M M Ln Ln 0 0) CO Cl) Ln W O CO M M Ln Ln D1 M M Ln Ln h O V V N (N EE N LO 7 6) N h p M h W N 7 r h W N V r M (0 N N OMD 00 r r O O 00 00 00 00 J O O) m m a) ❑ N N N N N M M M M Y Ln m h 00 cn U m v ) v) W) Y M M Page 338 of 35F2 N O r 7 J V Q ❑ ❑ J Z Z O W W H 7 7 o Z Z LL LL Q N w w LO Cn Cn LL ❑ U U M 03 d Q ~ O z z wLL (n (n Z Z Z J w w z w w 'y w 0 F w J D D d' U U U CC m U OU U LL a w0 w0 LL a w ai m ai d U) U) CO w w w J CL d d Q J J J d U) LL > > (n LL LL LL LL D w 0- U) (n w w LL LL LL (n ° c m z z CL ❑U) cq U) z U tIL z U) a Q j K O z z z Q Cf) Q LL n Q O Q Q Q z C7 2 = H H H H C7 � � � Z U' K (�') w w w w Z W U U' U' U' w Q Z w z ¢ U z z z z o w o m o LL LL LL LL w o 0 o LL J J ❑ J J J d � w D O a w > > > > d O m m w w w w O (n w m m m w `m � c� c� a o O UU 0 0 � 0 0 � r r O z N O N O O O O O (D LO N O O O O C O M (O MV V V O V LO Cl) Cl) M O N N hr- N N N N CD Cl) N N N N N N O O O 7 O [O O r r O O N O O O O J E U M V V V r O O co O r N r r r- � N O O N N V (; (b (; N Q CD CD O O M M 00 0U co O (D LL, O O O O 7 O O I- O O N O O O O T d � -o O Y in U LL J w O Q N M J NLO LO L Y O Z _O _O J r co Cl) FU Z N CO LL V N O O O >w> N O O U U L C V Cl) M M M M M M > m COO M 7 7 W C U — In O O O O O O O W _� O V Ln LO V U 1- O M Cl) Cl) 00 O U N N M O > � Q) O w W 0) 1- 1- O (j C Cl) M r co > Q Q Q r N r O 0) 0) O O n N W Cl) N h W O r OO W U O M M lO LO N N N O Cl) Cl) CO r r O L00 O m LO 00 W O O O O O O W O O W Z U LO O n n V O n n n n n n or r r r Z r r r r z r r r ❑ to Cl) _W F t7 U O � O J C O u Z ix IL O V a co F W J 0) z a O ~ U o 2 0 a a' Q J '2 W O w U d LU zJ O U Z U m a c Z H w U } v z w z z x O o — Dc w U w O H O Ld Q C9 rn C7 U) z Z O U z w U w w y 2 ¢ za W 0 LU O w � w w c07 � C7 x O 00 N CND 00 Oto ODD Z) V O f�C3 CD N n tN0 Q T [b . Q a0 7 fD O U p Cl) O N 00 LL O N CO O Lu O w O V LL' O V r U) r 12f U) U) U) LL Cn 0 CO O O O) O V V M V LO 7 7 M Cl) O O O O O O CO C O lO UO O O O O N LO N N N O O M M O O O O N CO V O) O 00 LO LO O O O N O O M CO CD O O LO LO W O V ON 7 1- N N 1` O M V M M N LO N N n r (D LO N E (O (O Cl) co N N r r r Cl) Cl) r N LO Q O O V V O O OD 00 00 O O 00 00 00 00 O O N N N N N N N N N J O O (D 0) 01 0) 0) 0) 0) 0) ❑ N N N N N N N N N N M M M M M M M M M Ym O N Cl) -q LO w n U W) (OD COD COD (00 COD (OD (OD 10D Y LO O M r r M r r r r r °C Fage 339 of 352 M O � 7 77 CY CY Cr 12� W W W W a0 H H H C0 H LU LU LU LU 0 z V U} 0 h a U O n U Q > F p 7 Z Z Z Z W W z z U N 7 7 w F F w W U O LZ Y J U U U a w w 2 : LL w O O O O wQ m Q w Q 0 o O J z m U U U OL LL J LL U LL U LL LL Q M z U m U) Cn w w J J • [1 LL Cn W Cn Z Z z J W U Q CL Q Z Z Z Z Z Z Cn z 0- 0 CL W W W W W W co coJ J J J J J o z z z a s > > > > > > > c w z w OU Cl Of LL H H ui U U U U U U U Z) W _Z _Z J_ J_ J_ J_ J_ J_ Q O a O [L' [L' LL LL LL LL LL LL w 0 w a s m m m m m m F 0 0 0 0 0 0 `m CD a O z O N O CO CO l0 l0 l0 l0 lP lP (P O O_ O O O p C V O V M M r C N N N M M Cl) co co co co M V N N N N N N N O c0 O O O (D (O (O (O O O O O c0 c0 O c0 c0 O J E U V V V L[) Nr CO LOV r r r r r N r W CN OJ r r r N N N M M Q CO (O CO co O O O Cl) M M M M w C O O O O O O O O O O O O O O O O O O T � a � -o 0 C Q O N _ d F U- 0 d rr V M V V V FL Y O W U U z V N p W M M r r r M (�O co O O O L > N N 7 (P (P (P (P 0 (O ON m COO, r C) 'U C LO U) r r N N N N N N r co r00 00 00 VV O N N V V V V V V O O CS) O O d) O U N N a0 O O O O O O Q w Z Z Z Z Z Z O O m m m O O M M M U O M M M co N N N N N N O w 00 M r r r 07 W W coW CO co co co W W 07 W CO W W W Cb W Z (P (O (O (P (P (P (P (P (P (P (P (O (O (O (U (p (2 (2 a J a J 7 y z J O � Q F d a w J U J Q W W WLU y Q W Q Q LU w U WLU L Z z LL z m U- 0 O z Q O a ui a_ a U Z O w C U Vl U Z LL m CO 2 LL Z J O o, co V O W F J i6 Y w _j N W N W 2 � U = Z 3 U Q w (o (o w w U O J o = _ � � z _ �' �' m Z a z O a — T W N O 2 CO CO W W M = 0) Cn Cl) 61 N (D U O N (P tD N CO 0) r o m (� (� N N H r w w Q N o ? J o r Q Q o o 0 0 0 N o op O � a N o J v Z o 4 j d m D m (O co O r O O (o r M 7 O co O O O r r r O O 7 O N O O C V CD V CO W Oq M N O O V M r V r r r (A (9 O r 0 V Cl) (O O) 0) O N Cl) m W O co V (O O oo W O M CO (O r (O E 0 N co r r m N W 7 7 co r M M N N r N N N (A Q ID r co O O 00 00 w 00 co 00 co 00 J O (A O 01 O (A (A (A T N M M M M M M M M Yr w0) O N M U m m cD w P r r r r r n n r r M r r r °C Page 340 of 352 o r a J J O O W N N NJ z J z z M IL Z O cn (n ZLu O O O N zz U F F W U Q � U w CO W c In Y w J J Y w Z co z w U ZLLI a- Z LU Q U) IL LU Q Q Of Q � z U U) 0 U z m a LL a z w w a LO i Lou ? 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