HomeMy WebLinkAboutMarch 07, 2023 - Council PacketF "n,,
Shakopee City Council
March 7, 2023
7:00 PM
City Hall, 485 Gorman St.
Vision: Shakopee is a place where people want to be! A distinctive river town, with a multitude of business,
cultural and recreational opportunities in a safe, welcoming and attractive environment for residents and
visitors.
Mission: Our mission is to deliver high quality services essential to maintaining a safe and sustainable
community. We commit to doing this cost-effectively, with integrity and transparency.
Key strategies:
1. Financial stability
2. Enhancing community strengths
3. Effective public services
4. Communication
Mayor Matt Lehman 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. *Appointment of Election Judges
*4. A.3. *Approve a THC License for VK Global LLC. dba Kota Botanics
*4. A.4. *Certification of Delinquent Sewer and Storm Drainage Accounts
*4. A.5. *Scott County Public Health's Statewide Health Improvement Partnership
MN Eats Grant Award
B. Public Works and Engineering
*4. B.1. *2023 County Highway 83 Overlay Cooperative Agreement
*4. B.2. *Approval of a MnDOT Local Road Improvement Program Grant
Page 1 of 178
Agreement
*4. B.3. *Approve Plans and Authorize Bidding for the 2023 Pavement
Rehabilitation Projects
*4. B.4. *Grant Agreement with Board of Water and Soil Resources
*4. B.S. *Tahpah Bathroom Rehabilitation
*4. B.6. *Park Restroom Cleaning Contract
*4. B.7. *Parking Control Change on Scott Street, Atwood Street, and Levee Drive
5. RECOGNITION OF INVOLVED RESIDENTS 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. Review a Request to Reconsider the Denial of a THC License for Spring Leaf
LLC. dba Shakopee Express One.
7.B. Review a Request to Reconsider the Denial of a THC License for Top Star
Market and Nicollet Tobacco.
8. Recess for Economic Development Authority Meeting
9. Reconvene
10. General Business
11. Reports
11.A.City Bill List
11.B.Liaison & Administration Reports
12. Other Business
13. Adjournment to Tuesday, March 21, 2023 at 7 p.m.
Page 2 of 178
*4.A.1.
Shakopee City Council
March 7, 2023
FROM: Lori J. Hensen, City Clerk
TO: Mayor and Council Members
Subject:
City Council minutes from February 21, 2023.
Policy/Action Requested:
Approve the minutes of February 21, 2023.
Recommendation:
Approve the minutes of February 21, 2023.
Discussion:
Budget Impact:
ATTACHMENTS:
February 21, 2023
Page 3 of 178
Shakopee City Council Minutes
February 21, 2023
7:00 PM
City Hall, 485 Gorman St.
Mayor Matt Lehman presiding
1. Roll Call
Present: Mayor Matt Lehman, Councilmember Jay Whiting, Jim DuLaney, Terry Joos
Absent: Councilmember Angelica Contreras
Staff Present: City Administrator Bill Reynolds, Police Chief Jeff Tate, City Attorney Jim
Thomson, Finance Director Nate Reinhardt, Interim City Engineer/Public Works Director
Bruce Loney, City Clerk Lori Hensen, Parks/Recreation Director Jay Tobin, Interim Fire
Chief Ryan Ytterness, Assistant City Engineer Ryan Halverson
2. Pledge of Allegiance
3. Approval of Agenda
Reynolds move to items 7, 8 to following item 5.
Councilmember Jay Whiting made a motion to approve the modified agenda, seconded by
Councilmember Jim DuLaney and the motion passed.
4-0
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.)
Joos removed items 4.B.1., 4.B.2., 4.B.3., 4.B.5., 4.B.6. for further discussion.
Councilmember Jim DuLaney made a motion to approve the modified agenda, seconded by
Councilmember Terry Joos and the motion passed.
4-0
A. Administration
*4. A.1. * City Council Minutes
Page 4 of 678
Approve the minutes of February 7, 2023. (Motion was carried under consent
agenda)
*4. A.2. * Monthly Financial Review- January 2023
Review of January 2023 General Fund revenues and expenditures, and Community
Center, Ice Arena and SandVenture year -over -year comparison. (Motion was carried
under consent agenda)
*4. A.3. *Set Public Hearing Date for THC License Hearing
Set public hearing date for March 7, 2023 at 7:00 pm or thereafter, to review the
request to reconsider the denial of THC license of Shakopee Express One located at
1148 Vierling Drive East. (Motion was carried under consent agenda)
*4. A.4. *Set Public Hearing Date for THC License Hearing
Set public hearing date for March 7, 2023 at 7:00 pm or thereafter, to review the
request to reconsider the denial of THC license of Top Star Market located at 616
Marschall Rd., and Nicollet Tobacco located at 185 1st Avenue East. (Motion was
carried under consent agenda)
*4. A.S. *Shakopee Chamber Bock Party
Approve the closure of First Avenue between Holmes Street and Lewis Street for
Shakopee Brewhall Bock Party. (Motion was carried under consent agenda)
*4. A.6. *Approve a Tobacco License for VK Global LLC. dba Kota Botanics
Approve a Tobacco License for VK Global LLC. dba Kota Botanics located at 8070
Old Carriage Court North. (Motion was carried under consent agenda)
*4. A.7. *Approve On Sale and Sunday Liquor Licenses for Angels LLC. dba Don
Ramon Restaurante
Approve On -Sale and Sunday Liquor Licenses for Angels LLC. dba Don Ramon
Restaurante, located at 1561 1st Avenue East. (Motion was carried under consent
agenda)
*4. A.B. *Approving job descriptions for recently established positions, amending the
2023 Non -Union Pay Plan accordingly, hiring for the position of Director of
Public Works
Approve the job description for the position of City Engineer. (Motion was carried
under consent agenda)
Approve the job description for the position of Director of Public Works. (Motion
was carried under consent agenda)
Approve the amended 2023 Non -union pay plan with the inclusion of the positions of
City Engineer and Director of Public Works. (Motion was carried under consent
Page g of 678
agenda)
Approve the hiring of Mr. Bill Egan as the Director of Public Works. (Motion was
carried under consent agenda)
*4. A.9. *AARP Community Challenge Grant
Adopt Resolution R2023-026, approving an application to the AARP Community
Challenge grant. (Motion was carried under consent agenda)
*4. A.10.*Minnesota Department of Commerce Auto Theft Prevention Grant
Adopt Resolution R2023-024, approving an application to the MN Department of
Commerce Auto Theft Prevention grant. (Motion was carried under consent agenda)
*4. A.11.*City Phone System Replacement
Approve the city VOIP phone replacement project for $110,300. (Motion was carried
under consent agenda)
*4. A.12.*Fiber Installation
Approve installation of Fiber from Fire Station #2 to Fuller Street by EPS for
$56,363. (Motion was carried under consent agenda)
B. Planning and Development
*4. B.1. * Planned Unit Development & Preliminary Plat for Bluff View Addition
Councilmember Jay Whiting made a motion to adopt Ordinance 02023-002,
approving Planned Unit Development District #10 (Bluff View) for property located
north of LaTour Avenue (adjacent to the SPU water tower in the Windermere
Neighborhood) and west of Zumbro Avenue, seconded by Councilmember Jim
DuLaney and the motion passed.
3-1
Nays: Joos
Councilmember Jim DuLaney made a motion to adopt Resolution R2023-011,
approving the Preliminary Plat of Bluff View Addition, seconded by
Councilmember Jay Whiting and the motion passed.
3 1
Nays: Joos
*4. B.2. * Rezoning of Three Properties in Southbridge Fields From Planned
Residential District (PRD) to Highway Business (B-1)
Councilmember Jay Whiting made a motion to adopt Ordinance 02023-005,
Page 8 of 678
rezoning three properties from Planned Residential District (PRD) to Highway
Business (B-1), seconded by Councilmember Jim DuLaney and the motion
passed.
4 0
*4. B.3. * Annexation and Rezoning of Property to Agricultural Preservation (AG)
Zone
Councilmember Terry Joos made a motion to adopt Resolution R2023-010
approving the annexation of property in Jackson Township into the city of Shakopee,
seconded by Councilmember Jay Whiting and the motion passed.
4-0
Councilmember Jay Whiting made a motion to adopt Ordinance 02023-004
approving the rezoning of certain properties that were in Scott County to Agricultural
Preservation (AG) Zone, seconded by Councilmember Jim DuLaney and the
motion passed.
4-0
Councilmember Terry Joos made a motion for a 7 minute recess, seconded by
Councilmember Jim DuLaney and the motion passed.
4-0
*4. B.4. * Minnesota Pollution Control Agency MN Diesel Replacement Program
Grant
Adopt Resolution R2023-025, approving an application to the Minnesota
Pollution Control (MN PCA) MN Diesel Replacement Program grant.
(Motion was carried under consent agenda)
*4. B.S. *Award of Contract for Landscape Design, Architecture, and Engineering
for the Schroeder House and Livery
Councilmember Jay Whiting made a motion to table to a future date, seconded by
Councilmember Terry Joos and the motion passed.
4-0
*4. B.6. *Award Contract for Construction Manager as Agent for the Schroeder
House
Councilmember Jay Whiting made a motion to table to future date, seconded by
Councilmember Terry Joos and the motion passed.
4-0
C. Police
Page 4 of 578
*4. C.1. *Surplus Property
Declare nine forfeited vehicles as surplus property and authorize disposal. (Motion was
carried under consent agenda)
D. Public Works and Engineering
*4. D.1. *Final Contract Payment for the River Bluffs Public Improvements & Street
Light Projects
Adopt Resolution R2023-012, accepting work on the River Bluffs Public
Improvements and River Bluffs Street Lights Projects CIF-20-007, and
authorizing final payment in the amount of $26,639.53 to Northwest Asphalt
Inc. (Motion was carried under consent agenda)
*4. D.2. *Award a Contract for TH 169 Pedestrian Bridge
Adopt Resolution R2023-022, accepting bids and awarding a contract in the amount
of S4,854,177.84 to Lunda Construction Company, for the TH 169 Pedestrian Bridge
Project CIF-22-002. (Motion was carried under consent agenda)
*4. D.3. *Memorandum of Understanding for the Acknowledgment of Public
Authority Responsibility
Approve the attached Memorandum of Understanding (MOU), as proposed by the
Shakopee Mdewakanton Sioux Community (SMSC), for their long range
transportation plan. (Motion was carried under consent agenda)
5. RECOGNITION OF INVOLVED RESIDENTS 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. 2023 Full -Depth Pavement Reconstruction Project
Councilmember Terry Joos made a Motion to open the public hearing, seconded by
Councilmember Jay Whiting and the motion passed.
Councilmember Terry Joos made a motion to close the public hearing, seconded by
Page 8 of 878
Councilmember Jim DuLaney and the motion passed.
4-0
Councilmember Jay Whiting made a motion to adopt Resolution R2023-021,
ordering improvements and preparation of plans and specifications for the 2023 Full -
Depth Pavement Reconstruction Project CIF-23-001, seconded by
Councilmember Jim DuLaney and the motion passed.
4-0
8. General Business
A. Administration
8. A.1. Academy Champion Agreement with Shakopee Public Schools
Councilmember Terry Joos made a motion to Adopt Resolution R2023-028
approving the Academy Champion Agreement with Shakopee Public Schools,
seconded by Councilmember Jim DuLaney and the motion passed.
4-0
B. Fire
8. B.1. Donation from Rahr Malting Co.
Councilmember Jay Whiting made a motion to Approve Resolution R2023-027,
accepting an equipment donation from Rahr Malting Co., seconded by
Councilmember Terry Joos and the motion passed.
4-0
9. Reports
9.A. City Bill List
Information only
9.B. Liaison & Administration Reports
10. Other Business
11. Adjournment to Tuesday, March 7, 2023 at 7 p.m.
Councilmember Terry Joos made a motion to adjourn to Tuesday, March 7, 2023 at
7:00 pm, seconded by Councilmember Jim DuLaney and the motion passed.
4-0
Page 8 of 578
*4.A.2.
Shakopee City Council
March 7, 2023
FROM: Lori J. Hensen, City Clerk
TO: Mayor and Council Members
Subject:
Appointment of election judges.
Policy/Action Requested:
Adopt Resolution R2023-034, a resolution appointing election judges for April 11, 2023
Special Election.
Recommendation:
Adopt Resolution R2023-034, a resolution appointing election judges for April 11, 2023
Special Election.
Discussion:
Minnesota State Statutes require that election judges be appointed by the governing body
prior to the election. The attached resolution appoints judges for the April 11, 2023 Special
Election.
Budget Impact:
A cost estimate of election judge hours has been attached for your information.
ATTACHMENTS:
o R2023-034
o Election Judges
o Special Election Judge Wage Estimate
Page 10 of 178
RESOLUTION R2023-034
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA
APPOINTING ELECTION JUDGES FOR THE APRIL 11, 2023 SPECIAL ELECTION
WHEREAS, the City Council is required by law to provide election judges to conduct the Primary
and General Elections; and
WHEREAS, staff has provided the names of persons who are willing and qualified to serve in said
capacity;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,
MINNESOTA AS FOLLOWS:
1. The recitals set forth above are incorporated herein.
2. Hereby appoint the following persons to serve as elections judges for the April 11, 2023
3. The election judges shall be compensated for their work at the rate of $11 per hour and the
head judges of the election judges shall be compensated at the rate of $14 per hour; and
BE IT FURTHER RESOLVED that, based upon the inability of a judge(s) to serve on election day
or upon need for additional assistance, the City Clerk shall be authorized to appoint/hire required
number of persons. Only those persons duly qualified and duly trained to serve as an election judge may
be selected to serve in this capacity.
Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 7th
day of March 2023.
Prepared by:
City of Shakopee
485 Gorman Street
Shakopee, MN 55379
Mayor of the City of Shakopee
ATTEST:
City Clerk
Page 11 of 178
Dorothy Le Duc
Warren Moser
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Page 12 of 178
Ruth Moser
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Page 26 of 178
*4.A.3.
Shakopee City Council
March 7, 2023
FROM: Heidi Emerson, Deputy City Clerk
TO: Mayor and Council Members
Subject:
Approve a THC License for VK Global LLC. dba Kota Botanics.
Policy/Action Requested:
Approve a THC License for VK Global LLC. dba Kota Botanics, located at 8070 Old
Carriage Court N.
Recommendation:
Approve the above requested motion.
Discussion:
VK Global LLC. dba Kota Botanics, located at 8070 Old Carriage Court N., has submitted
an application to sell THC products. Staff has reviewed the application and everything is in
order. The required training has been completed and the license fees have been paid in full.
The application was submitted to the Police Department for review, and they have advised
that nothing was identified that would prohibit issuance of the license.
Budget Impact:
Page 27 of 178
*4.A.4.
Shakopee City Council
March 7, 2023
FROM: Nathan Reinhardt, Finance Director
TO: Mayor and Council Members
Subject:
Certification of Delinquent Sewer and Storm Drainage Accounts
Policy/Action Requested:
1. Adopt Resolution No. R2023-023, certifying assessments for delinquent sewer and
storm drainage accounts from January 1, 2022 thru July 31, 2022
2. Add a $25 administrative charge for collection with payable 2024 property taxes.
3. Write off delinquent accounts less than $25 which total $354.71.
Recommendation:
Approve the resolution as requested.
Discussion:
The City certifies past due utility bills for collection with the property taxes. All property
owners have been notified that the utility bills are being certified to the county and have
been given adequate opportunity to pay their bill.
Resolution No. R2023-023 certifies delinquent storm drainage and sanitary sewer fees
payable in 2024. In addition to these delinquent amounts, a $25.00 administrative charge
will be added to each account if not paid on or before March 7, 2023. After the accounts
are certified, property owners will have 30 days to pay the balance interest free. After 30
days, interest will be charged at an annual rate of 6.0% dating back to the certification date.
Delinquent accounts being certified include former tenants in rental units or prior owners of
a property. Since the city's utilities are attached to the property, the city can collect past
due balances through the certification process.
In the past years, staff has certified delinquent utilities that covered the previous year once
Page 28 of 178
a year in the fall with other special assessments. Through a collaborative effort with
Shakopee Public Utilities staff, the city now receives this information twice a year,
including shortly after year-end rather than waiting until the fall. This coincides with
Shakopee Public Utilities end of the year delinquent process. This aids in the collection
process, as the delinquent accounts are more current. This is beneficial when a property is
dealing with new owners or prior tenants.
Budget Impact:
Certification of delinquent accounts ensures the city's utilities are being paid for services
received.
ATTACHMENTS:
Resolution R2023-023
Delinquent Utility List
Page 29 of 178
RESOLUTION NO. R2023-023
A RESOLUTION ORDERING CERTIFICATION OF UNPAID
UTILITY CHARGES PURSUANT TO MINNESOTA
STATUTES, § 444.075, SUBD. 3 &. 3e
FOR COLLECTION WITH PAYABLE 2024 PROPERTY TAXES
WHEREAS, City staff sent out written notice on January 31, 2023 to 40 property owners
with unpaid sewer system utility charges and unpaid storm water utility charges totaling $8,767.20,
and
WHEREAS, said written notice requested that the property owners pay their delinquent
utility accounts full, or make arrangements for payment by March 7, 2023, and
WHEREAS, as of March 7, 2023, the unpaid balance has been reduced to 27 property owner
totaling $6,935.76, and
WHEREAS, Minnesota Statutes, Section 444.075, Subd. 3 & 3e provides, with respect to
municipal water, sanitary sewer and storm sewer charges, that "[t]he governing body may make
the charges a charge against the owner, lessee, occupant or all of them and may provide and
covenant for certifying unpaid charges to the county auditor with taxes against the property served
for collection as other taxes are collected."
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SHAKOPEE, MINNESOTA,
AS FOLLOWS:
1. The unpaid utility charges, as set forth in the attached list, less any collections
between March 3, 2023 and the certification date are hereby approved to be certified to the
Scott County Auditor for collection as other property taxes are collected.
2. An additional $25.00 administrative fee will be added to the delinquent amount if the
delinquent amount is not paid to the City on or before March 7, 2023.
3. The owner of any property so assessed may, at any time prior to April 7, 2023, can pay the
whole amount of the assessment on such property without interest to the City of Shakopee
Finance Department.
4. Such assessments shall be payable in the one installment, payable on or before the November
17, 2023 and after April 7, 2023, and shall bear interest at the rate of 6 percent per annum
from the date of the adoption of this assessment resolution.
5. The owner may thereafter pay to Scott County Treasurer the installment and interest in
process of collection on the current tax list. To the one installment shall be added the
interest on the entire assessment from the date of this resolution until December 31, 23.
6. 41 delinquent accounts, with balances less than $25, totaling $354.71 are written off as
uncollectible.
Page 30 of 178
Adopted in regular session of the City Council of the City of Shakopee, Minnesota held this 7th
day of March, 2023.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Page 31 of 178
Total w/
PID Sewer Storm Total 25 Fee
270013350 1,265.80 82.25 1,348.05 1,373.05
270014530 99.24 10.98 110.22 135.22
270041020 253.42 17.12 270.54 295.54
270041640 28.76 2.68 31.44 56.44
270160090 74.24 79.71 153.95 178.95
270270140 42.12 8.04 50.16 75.16
271020120 39.12 5.36 44.48 69.48
271040050 190.28 190.28 215.28
271310060 345.66 345.66 370.66
271330470 28.08 5.36 33.44 58.44
271730350 28.08 5.36 33.44 58.44
271990960 55.80 55.80 80.80
272400120 37.19 37.19 62.19
272440120 60.52 8.04 68.56 93.56
272500700 63.41 16.08 79.49 104.49
272581360 63.75 63.75 88.75
273140170 764.54 92.42 856.96 881.96
273170011 833.54 137.72 971.26 996.26
273270650 31.76 31.76 56.76
273300930 112.04 8.04 120.08 145.08
273370350 520.47 71.11 591.58 616.58
273490030 36.12 2.68 38.80 63.80
273500400 87.70 35.86 123.56 148.56
273710620 168.43 10.72 179.15 204.15
273711210 97.32 8.04 105.36 130.36
273712770 126.67 10.69 137.36 162.36
273760410 783.73 79.71 863.44 888.44
Totals 5,735.39 1,200.37 6,935.76 7,610.76
Page 32 of 178
*4.A.5.
Shakopee City Council
March 7, 2023
FROM: Andrea Harrell, Grants/Special Projects Coordinator
TO: Mayor and Council Members
Subject:
Scott County Public Health's Statewide Health Improvement Partnership MN Eats Grant
Award
Policy/Action Requested:
Adopt Resolution R2023-032, accepting Scott County Public Health's Statewide Health
Improvement Partnership (SHIP) MN Eats Grant Award and authorizing the City
Administrator to execute the necessary contracts and agreements applicable to accepting
this award.
Recommendation:
Adopt Resolution R2023-032.
Discussion:
The SHIP MN Eats grant is providing funding for the replacement of crops damaged over
the winter months and to create and print an educational flyer to raise awareness of the
Edible Landscape Community Garden located in Scenic Heights Park.
Budget Impact:
A 10% match is required, however, can be provided through an in -kind match of staff time.
ATTACHMENTS:
o City Council Memo for Resolution Approval R2023-032
o Resolution R2023-032 AWARD
o City of Shakopee SHIP Action Plan 2022-2023
Page 33 of 178
NovusAGENDA Title: Scott County Public Health's Statewide Health Improvement Partnership MN
Eats Grant Award
Agenda Category: Administration
Shakopee City Council
March 7, 2023
FROM: Andrea Harrell, Grants & Special Projects Coordinator
TO: Mayor and Council Members
Subject:
Scott County Public Health's Statewide Health Improvement Partnership MN Eats Grant Award
Policy/Action Requested:
Adopt Resolution R2023-032, accepting Scott County Public Health's Statewide Health Improvement
Partnership (SHIP) MN Eats Grant Award and authorizing the City Administrator to execute the necessary
contracts and agreements applicable to accepting this award.
Recommendation:
Adopt Resolution R2023-032.
Discussion:
The SHIP MN Eats grant is providing funding for the replacement of crops damaged over the winter
months and to create and print an educational flyer to raise awareness of the Edible Landscape
Community Garden located in Scenic Heights Park.
Budget Impact:
A 10% match is required, however, can be provided through an in -kind match of staff time.
ATTACHMENTS:
Resolution R2023-032
SHIP MN Eats Grant Agreement
Page 34 of 178
RESOLUTION R2023-032
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA APPROVING
THE SCOTT COUNTY PUBLIC HEALTH'S STATEWIDE HEALTH IMPROVEMENT PARTNERSHIP (SHIP)
MN EATS GRANT AWARD AGREEMENT
WHEREAS, the City of Shakopee applied to the Scott County Public Health's Statewide Health
Improvement Partnership (SHIP) grant, previously approved via Resolution R2022-160 on 20th day of
December 2022, and
WHEREAS, the grant award is to provide funding for replacement crops and educational flyer for
the Edible Landscape Community Garden located in Scenic Heights Park, and
WHEREAS, the City of Shakopee was awarded the MN Eats grant for $830, and
WHEREAS, the City of Shakopee recognized a 10% match was required, but can be provided
through an in -kind match of staff time.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,
MINNESOTA AS FOLLOWS: the City of Shakopee recognizes it has been awarded a grant by the Scott
County Public Health SHIP and agrees to accept the grant award and grant agreement for the above
referenced project. The City of Shakopee will comply with all applicable laws, requirements, and
regulations as stated in the grant agreement.
Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 7th
day of March 2023.
Prepared by:
City of Shakopee
485 Gorman Street
Shakopee, MN 55379
Matt Lehman,
Mayor of the City of Shakopee
ATTEST:
Lori Hensen
City Clerk
Page 35 of 178
2022-2023 SHIP
Action Plan
General Grant Requirements:
^riolul,YlsJ(IPb
SCO1 I COUNTY
HEALTH
MATTERS
SHIP mini grantees/partners are required to fulfill certain requirements before receiving funding
through SHIP. Below are items required for participation in SHIP 2022-2023.
• Completion of an action plan.
• Submission of at least one success story submitted by August 2023 (Additional success stories
are greatly appreciated).
• Budget spent prior to October 31st, 2023. Financial summaries will be provided to your
Administrative Contact by the SHIP Coordinator on a Quarterly basis.
• Invoice trackers submitted for reimbursements by the 15th of each month for the month prior.
• 10% match (can be in -kind, labor, leveraged funds, etc.)
Communication Requirements:
As a SHIP mini grantee/partner you are required to acknowledge funding support from the Statewide
Health Improvement Partnership on all communication materials.
This can be accomplished by using the statewide logo and if possible, by including some content about
SHIP as a funding source. Example: "Funding for this project was provided by the Statewide Health
Improvement Partnership of Scott County."
This helps SHIP to continue building a strong statewide and county presence. Electronic files of SHIP
logos are available at the Grantee Support Communications web page or by contacting your local
SHIP staff.
Evaluation Requirements:
While receiving funds from SHIP, mini grantees/partners are required to participate in evaluation efforts
of projects implemented. This includes project specific evaluation plans determined by local SHIP staff,
as well as data required from the Minnesota Department of Health. MDH evaluation questions required
to be fulfilled by August 2023 and will be provided to you upon completion of your action plan. These
questions will be specific towards what strategy you select to work on in SHIP 2022-2023.
Page 36 of 178
Mm)il"ant
riff r,,ilr'natj n
Funding Period: November 1, 2022 - October 31, 2023
Funding: Funding is based upon the completion of an action plan and budget request.
Final decisions on funding will be decided by Scott County Public Health, SHIP staff and
MDH
Use of Funds: Funding of projects must be related to a policy, systems or environmental
change that is related to the healthy eating in the community strategies listed below.
Funds cannot be used for on -time, unsustainable projects.
p0
icy "ysterns and
roe orI!iiirm'
(PSI, )
Policy strategies may be laws, ordinances, resolutions, mandates, regulation, or rules
(both formal and informal). An example is creating a healthy food policy for emergency
food systems or healthy food donation guidelines.
Systems strategies are changes that impact all elements of an organization, institution or
system; they may include a policy or environmental change strategy. An example is
initiating or supporting SNAP/EBT at a market or developing a food sharing network with
local emergency food programs.
Environmental strategies involve physical or material changes to the economic, social, or
physical environment. An example is developing a community garden or purchasing new
shelving in a food shelf.
Sustainability is the capacity to endure beyond SHIP resources, by adopting PSE change
that is supported by the community, to create healthy opportunities for the future.
Page 37 of 178
Site Partner Information
Organization: City of Shakopee
Address: 485 Gorman St, Shakopee, MN,
55379, USA
Administrative Contact: Andrea Harrell
Email: aharrell@shakopeemn.gov
Phone: 9522339321
❑ Check box if Administrative
Contact and Site Lead are the
same.
Site Lead:
Title. (.l)1(i.
Phone: C
dI N rwI..°, itdmdr&d
Email: Click [1.(2TE t;,i�. &�� ���t,
Strategy and Setting Selection
Please select at least one setting type and one strategy type from the columns
below.
Setting Type
Strategy Type
X Community -Based
X MN Eats
❑ School
❑ Worksite
❑ Healthcare
❑ Childcare
❑MN Moves
❑ MN Tobacco Free
❑ MN Well -Being
Page 38 of 178
i
Briefly describe your project goals, core activities, intended PSE changes, and
general timeline for completion:
The Edible Landscape's goal is providing sustainable produce to our community, especially low-
income families. Although the garden was planted in 2022 with perennial crops, we anticipate a
portion of the crops will be lost over the winter. Evaluation &planting of new crops will happen
in Apr -May. We will also continue to promote the garden to residents by creating, translating, &
printing a flyer to promote community awareness &involvement including info on crops, how to
access the garden, &how to volunteer. In March, a flyer will be created with English, Spanish, &
Somali. We will send the English version to a translating service to convert the information to
Somali & to a city staff fluent in Spanish to translate. In April, the document will be sent to the
printing company. Once printed flyers are received, they will be posted at the garden & be
provided to several community agencies. If less than the anticipated crops need to be replaced,
additional flyers will be printed.
Why is this project needed?
With the rising price of groceries, its important now more than ever to provide a
sustainable source of nutrition for our community members most in need. Additionally,
food scarcity becomes more prevalent during the summer months when the garden is in
its prime growing season. The Edible Landscape Community Garden provides ongoing,
supplemental fruits and vegetables to residents of Shakopee at no cost. The garden
provides opportunities for children playing in the park or a family walking down the
nearby trail to stop and enjoy a fresh snack or try a fruit or vegetable new to them.
Page 39 of 178
Are there any other organizations or groups who will be involved in the project?
At this time, we are not directly partnering with other organizations for the garden
itself, but we will provide several community agencies with the printed flyers including
the Scott County CDA, CAP Agency, and Southern Valley Alliance. We are also actively
discussing plans for any remaining ripe produce to be harvested and utilized prior to
spoiling, including the possibility of partnering with other community agencies.
Will this project be focused on a specific population or group who may be
experiencing greater barriers to achieving good health?
Our garden focuses on those with low income; however, it is open and can be utilized by
all. The garden is located in the Scenic Heights Park, adjacent to a walking/biking trail
leading to nearby Boulder Ridge Town Homes, which accept HUD's Housing Choice
Vouchers, and the park is a short walk from the Shakopee East Junior High School. The
garden is located next to multiple rental properties where residents do not have the
option to plant and harvest their own gardens.
How will this work be sustained after SHIP support is gone?
The crops planted have been mostly perennials, allowing for plants to return year after
year. Once the garden is fully established and has been producing, we anticipate only
needing to replace a few plants per year. The City of Shakopee will continue to maintain
the garden after it is fully established. Additionally, the garden is tended to by volunteers
who water, weed, and prune the crops, harvesting them if necessary. The City of
Shakopee will also continue to promote the garden utilizing the translated flyers printed
and will plan to reorder flyers when information requires updating or the supply has
been depleted.
Page 40 of 178
How will this project be successful?
This project will be successful in providing produce options to community members at no
cost to them. We will consider the garden successful when the perennial trees, bushes,
and plants continue to regrow after Minnesota's harsh winter season and begin to
produce. Additionally, more community members harvesting fresh produce from these
crops would be considered a success.
m°: t E
Include all projected budget items, such as equipment, materials, training fees, printing, etc.
Add more lines as needed. Please include links to specific items as needed.
In -Kind
Budget Item
Brief Description
Cost ($)
Contribution/Descriptio
n
Apple Honeycrisp x 1
$27
Pear Lucious x1
$29
We anticipate two Public
Pear Summercrisp x 1
$29
Works and Parks
Plum Superior x 1
$29
department employees
will spend approximately
Asparagus Mary
Washington x 6
$14
10 hours each replanting
crops. In addition, our
staff Graphic Designer will
Replacement Crops
Rhubarb Canada Red x 3
$18
spend approximately
5hours creating and
Blueberry North Blue x 2
Currant Red Lake x 2
$19
adding the translated
information to the flyer.10
$18
hours + 10 hours + 5 hours
Raspberry Caroline x 2
$9
= 25 hours x $25 per hour
= $625
Honeyberry Cinderella x 1
$16
Honeyberry Tundra x 1
$16
Page 41 of 178
Regent Serviceberry x 2
Glossy Black Chokeberry x
2
Total Replacement Crops=
$8
$9
$29
$80
$160
$320
$241
Marketing Materials:
Weatherproof Outdoor
Brochure Holder
Acrylic Indoor Brochure
Holder x 8
Translation Services to
Translate Brochure to
Somali
Printing 500 - 8.5x11"
Informational Flyers =
$320 (If less than the
anticipated number of
crops die, additional
printing will be ordered to
allowing the total to equal
$830)
Total Marketing =$589
Total Amount
Requested: $830
* Approval of items is determined by the MDH SHIP Financial Guidance and Scott County SHIP discretion.
Please review the Scott County SHIP Neighborhood Mini -Grant Financial Guidance for more information.
*10% match is required for all funded grants (can be in -kind, labor, leveraged funds, etc.)
Page 42 of 178
t Require!' eras
• Complete an Action Plan with assistance from SHIP staff.
• Allow SHIP Staff to work with and assist as needed.
• Contribute a 10% match
• Seek prior approval before accruing expenses for reimbursement through
SHIP and comply with instructions provided in the financial guide.
• Provide success stories upon request for incorporation into Minnesota
Department of Health reports, updates and media releases.
• Allow Scott County SHIP, Minnesota Department of Health and other SHIP
grantees to use any products produced with SHIP funds.
• Ensure communication pieces funded by SHIP, such as ads, signage, printed
materials and information online; conform to the uniform communication
standards provided by MDH. Use of the SHIP logo is encouraged and can
be found at:
htt : www.health.state.mn.us healthreforirn shi communications.html
• Complete a Letter of Agreement with Scott County to be eligible for
financial reimbursement
• Participate in Minnesota Student Survey (school setting)
I submit this agreement to partner with the Statewide Health Improvement
Partnership on behalf of the organization listed above. As the point person, I
agree to follow these SHIP requirements.
Signature: Date:
Page 43 of 178
*4.B.1.
Shakopee City Council
March 7, 2023
FROM: Micah Heckman, Assistant City Engineer
TO: Mayor and Council Members
Subject:
Overlay Cooperative Agreement with Scott County for the 2023 County Highway 83 mill
and overlay project.
Policy/Action Requested:
Authorize the Mayor and City Administrator to enter into an Overlay Cooperative
Agreement with Scott County for the County Highway 83 mill and overlay project.
Recommendation:
Approval of the agreement and action requested.
Discussion:
The mill and overlay of County Highway (CH) 83 has been programmed by Scott County
as part of their Transportation Improvement Program (TIP) in 2023. A portion of the
proposed project is within City of Shakopee municipal limits and thus the city is required to
participate in the cost of the reconstruction project per the county's funding policy.
The proposed mill and overlay project includes a 4-inch mill and bituminous overlay,
sealcoat of the overlay work and Americans with Disabilities Act (ADA) improvements.
The proposed project area in Shakopee is on CH 83 from CH 16 to the southern ramp of
Trunk Highway 169.
The Overlay Cooperative Agreement, which codifies the responsibilities of each agency and
is consistent with other city -county agreements, is attached.
Budget Impact:
The City of Shakopee 2023 CIP has budgeted $35,000 for this project participation. Due to
increases in material costs and added scope, the proposed city participation based on the bid
results is $40,119.41 plus three -percent for engineering and three -percent for project
administration. The final city cost participation will be determined based on final quantities
measured in the field.
Page 44 of 178
ATTACHMENTS:
a Overlay Cooperative Agreement
a CIP Sheet CIF-23-007
a Project Location Map
Page 45 of 178
County Project No. 83-25
City of Shakopee
County of Scott
OVERLAY COOPERATIVE AGREEMENT
THIS AGREEMENT, made and entered into this day of , 2023, 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 has programmed in its 2023 CSAH 83 overlay project, County Project (CP) 83-
25, SAP 070-683-016, plans to improve a segment of County Highway (CH) 83 from CH
16 to the southern ramp of Trunk Highway (TH) 169. The plans include a four -inch mill
and bituminous overlay, storm sewer repair, sign replacement, and seal coating (the
Overlay work) along with concrete walk and Americans with Disabilities Act (ADA)
improvements (the Trail work). Overlay work and Trail work, together referred to as the
"Project".
B. The above described Project lies within the corporate limits of the City.
C. City supports the planned Project and is willing to cooperate with County to complete
the Project and share costs related to the Project.
D. The Scott County Cost Participation Policy states the City and the County will split
equally the cost of the walk, trail, and ADA improvements associated with all County -led
projects and all pedestrian amenities including Accessible Pedestrian Signals (APS),
which applies to the Trail work in this Project.
E. It is contemplated that the Project 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 recitals above are hereby restated and incorporate herein.
2. The County shall advertise for bids for the work and construction of the aforesaid Project,
as part of its 2023 CSAH 83 overlay project, 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 provided for
counties. The Contract will include the plans and specifications for the Project work
prepared by the County or its agents, which plans and specifications are by this reference
made a part hereof.
Page 46 of 178
County Project No. 83-25
City of Shakopee
County of Scott
3. 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.
4. The County Engineer has prepared an estimate of the City's cost share for the Trail
contract work in the sum of forty thousand one -hundred nineteen dollars and forty-one
cents ($40,119.41).
5. It is specifically agreed that the estimate(s) mentioned in this agreement is only a
preliminary estimate of the cost for the 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 construction cost for apportioning the cost of the
Project according to the provisions of this paragraph. Based upon the total final
construction costs:
a. County shall pay one hundred percent (100%) of the Overlay work.
b. City shall reimburse the County fifty percent (50%) of the final actual construction
costs of the Trail work.
c. City further agrees to apportion costs designated as Engineering, and Contract
Administration costs, which includes all actual costs of planning, design,
environmental review, permits, preparation of bid, specifications and contract
administration related to the Trail work. For such costs, the City agrees to pay an
additional three percent (3%) of the final work costs set out above for Engineering
and an additional three percent (3%) of the final work costs set out above for
Contract Administration.
6. Payment shall be due upon completion of the Project. County will submit an invoice to City
for the payment due, and City shall pay all amounts due within thirty (30) days.
7. The County Engineer shall prepare monthly progress reports to the City upon request.
8. County reserves the right not to issue any permits for a period of five (5) years after
completion of the Project for any service cuts in the roadway surfacing of the County
Highway included in the Project for any installation of underground utilities which would be
Page 47 of 178
County Project No. 83-25
City of Shakopee
County of Scott
considered as new work; service cuts shall be allowed for the maintenance and repair of
any existing underground utilities.
9. Initial pavement striping and markings shall be included as part of the Project. The
County shall be responsible for all subsequent pavement striping and markings on its
county roads as required after the initial work and shall be responsible for one hundred
percent (100%) of the subsequent related costs. The City shall be responsible for all
subsequent striping and markings on its city roads, including pedestrian markings
across its City roadway intersection legs, as required after the initial work and shall be
responsible for one hundred percent (100%) of the subsequent related costs.
10. Upon completion of the Project, the City, at its expense, shall perform snow, ice, and
debris removal on all trails and sidewalks constructedwith the Project.
11. All future maintenance costs of Trail improvements constructed under this agreementwill
be shared equally between the County and City regardless of which party performs the
maintenance work. Either party can initiate and complete such maintenance work with
notice given to the other party. Upon completion of such work the initiating party will
invoice the other for fifty percent (50%) of the actual total cost.
12. Upon completion of the Project, the preventative maintenance on trails constructed with
this project, including sealcoating, will be cost shared equally between the County and
City with County administering the process.
13. A future County Global Maintenance Agreement, upon execution, may supersede
maintenance responsibilities stated in this Agreement
14. 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 this agreement, or according to other written policies of the
original parties.
15. 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 48 of 178
County Project No. 83-25
City of Shakopee
County of Scott
16. 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.
17. 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.
18. 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.
19. 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
Page 49 of 178
County Project No. 83-25
City of Shakopee
County of Scott
herein to be performed by the party shall not be considered employees, agents or
independent contractors of the other party, and that any and 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.
20. 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.
21. 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.
22. 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.
23. 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.
Page 50 of 178
County Project No. 83-25
City of Shakopee
County of Scott
24. The County's Authorized Agent for the purpose of the administration of this Agreement is
Nathan Thomas, Highway Division Program Manager, or his successor. His current
address and phone number are Scott County Transportation Services, 200 Fourth
Avenue West, Shakopee, MN 55379, and (952) 496-8479.
25. The City's Authorized Agent for the purpose of the administration of this Agreement is
Micah Heckman, Assistant City Engineer, or his/her successor. His/Her current address
and phone number are City of Shakopee, 485 Gorman Street, Shakopee, MN 55379, and
(952) 233-9363. Any change in name, address, or telephone shall be noticed to the other
party.
Page 51 of 178
County Project No. 83-25
City of Shakopee
County of Scott
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
By And
Matt Lehman, Mayor William H. Reynolds, City Administrator
Date Date
COUNTY OF SCOTT
By By
Lezlie Vermillion, Thomas J. Wolf
County Administrator 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 52 of 178
Capital Improvement Plan
City of Shakopee, Minnesota
2023 thru 2027
Project # CIF-23-007
Project Name 2023 Scott County ADA Pedestrian Curb Ramps Imp.
Accounting Code
Fund Capital Improvement Fund
Description
Department Capital Improvements Fund
Contact Public Works Director
Type Improvement
Useful Life 30
Category Street Reconstruction
Priority 1 Critical for Safety/Preservati
Status Active
Total Project Cost: $35,000
County has programmed a pavement rehabilitation project on County Highways 16 and 83 as part of their annual pavement rehabilitation program.
ADA improvements and upgrades as part of the project include concrete pedestrian curb ramps and Accessible Pedestrian System push button
systems. The city's cost share in accordance with the County's "City Local Cost Participation Policy, Multi -use Trails and Sidewalks" is a 50% city
cost share. This project was moved from 2022 to 2023 by Scott County.
Justification
City's cost share per County's cost share policy (50% for sidewalks/trails along County Roads)
Expenditures
2023 2024 2025 2026 2027 Total
Improvements 35,000
35,000
Total
Funding Sources
35,000
35,000
2023 2024 2025 2026 2027 Total
Capital Improvement Fund 35,000
35,000
Total
Budget impact/Other
35,000
35,000
56
Page 53 of 178
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Page 54 of 178
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Shakopee City Council
March 7, 2023
FROM: Micah Heckman, Assistant City Engineer
TO: Mayor and Council Members
Subject:
Approval of a MnDOT Local Road Improvement Program (LRIP) Grant Agreement.
Policy/Action Requested:
Adopt Resolution R2023-029, a resolution approving a grant agreement with MnDOT for
State Transportation Fund Local Road Improvement Program (LRIP) for the TH 169
pedestrian bridge project.
Recommendation:
Adopt Resolution R2023-029.
Discussion:
The 2022 Capital Improvement Plan (CIP) included the TH 169 Pedestrian Bridge Project,
PR-22-002. The project includes constructing new trail segments and a pedestrian bridge
across TH 169 connecting Quarry Lake Park and the Southbridge neighborhood. The
pedestrian bridge will eliminate a significant gap in the local and regional trail system
between residential, educational and commercial areas south of TH 169 and employment
and recreational destinations north of TH 169.
In 2021, the city was successful in obtaining State bonding funding to advance the project.
Bids were recently received and the project was awarded to Lunda Construction. With
award of the project, the city must now officially accept the State funding through a grant
agreement. The grant agreement is attached.
Budget Impact:
Based on bid award, the project is expected to cost $6,015,330.90. The city was awarded
$2,000,000 from the state for construction of the bridge. The remaining project costs will be
paid using State Aid funds and Capital Improvement funds.
ATTACHMENTS:
Page 55 of 178
a Resolution R2023-029
a LRIP Grant Agreement
Page 56 of 178
MnDOT Agreement No. 1052393
SAP No. 166-594-001, tied to SP 7005-138
RESOLUTION R2023-029
RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA
APPROVING A GRANT AGREEEMENT WITH MNDOT FOR
STATE TRANSPORATION FUND LOCAL ROAD IMPROVEMENT PROGRAM
FOR THE TH-169 PEDESTRIAN BRIDGE PROJECT CIF-22-002,
SAP 166-594-001, AGREEMENT NO. 1052393
WHEREAS, the City of Shakopee has applied to the Commissioner of Transportation for a grant
from the Minnesota State Transportation Fund for Local Road Improvement; and
WHEREAS, the Commissioner of Transportation has given notice that funding for this project is
available; and
WHEREAS, the amount of the grant has been determined to be $2,000,000 by reason of the
lowest responsible bid;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,
MINNESOTA AS FOLLOWS:
1. The City of Shakopee hereby agrees to the terms and conditions of the grant consistent
with Minnesota Statutes, section 174.52 and will pay any additional amount by which the cost exceeds
the estimate, and will return to the Minnesota State Transportation Fund any amount appropriated for
the project but not required.
2. The Mayor is authorized to execute with the Commissioner of Transportation the
Agreement No. 1052393 and any amendments thereto.
Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 7th
day of March 2023.
Prepared by:
City of Shakopee
485 Gorman Street
Shakopee, MN 55379
Matt Lehman, Mayor
City of Shakopee
ATTEST:
City Clerk
City of Shakopee
Revised December 2022 10
Page 57 of 178
MnDOT Agreement No. 1052393
SAP No. 166-594-001, tied to SP 7005-138
LOCAL ROAD IMPROVEMENT PROGRAM (LRIP)
GRANT AGREEMENT
This Agreement between the Minnesota Department of Transportation ("MnDOT") and the
Grantee named below is made pursuant to Minnesota Statutes Section 174.52 and pursuant to
Minn. Laws 2020, 5th Special Session, Chapter 3- H.F. 1. The provisions in that section and the
Exhibits attached hereto and incorporated by reference constitute this Agreement and the persons
signing below agree to fully comply with all of the requirements of this Agreement. This
Agreement will be effective on the date State obtains all required signatures under Minnesota
Statutes §16C.05, subdivision 2.
1. Public Entity (Grantee) name, address and contact person:
City of Shakopee
485 Gorman Street
Shakopee, MN 55379
Contact: John Bradford, Interim City Engineer,
952-210-8280, jbradford@shakopeemn.gov
2. Project(s):
Name of Project &
Project Number
(See Exhibit C for
location)
Amount of
LRIP Funds
Amount of Required
Matching Funds
Completion Date
Highway 169
Pedestrian Bridge —
SAP 166-594-001,
SP 7005-138
$2,000,000.00
$2,854,177.84
December 31, 2027
3. Total Amount of LRIP Grant for all projects under this Agreement: $2,000,000.00
4. The following Exhibits for each project are attached and incorporated by reference as part of
this Agreement:
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Completed Sources and Uses of Funds Schedule
Project Schedule
Bond Financed Property Certification
Grant Application
Grantee Resolution Approving Grant Agreement
General Terms and Conditions
Revised December 2022 1
Page 58 of 178
MnDOT Agreement No. 1052393
SAP No. 166-594-001, tied to SP 7005-138
5. Additional requirements, if any:
6. Any modification of this Agreement must be in writing and signed by both parties.
(The remaining portion of this page was intentionally left blank.)
Revised December 2022 2
Page 59 of 178
MnDOT Agreement No. 1052393
SAP No. 166-594-001, tied to SP 7005-138
PUBLIC ENTITY (GRANTEE) DEPARTMENT OF TRANSPORTATION
Approval and Certfing Encumbrance
By: By:
State Aid Programs Manager
Title:
Date:
By:
Title:
Date:
Date:
Office of Contract Management
By:
Contract Administrator
Date:
Revised December 2022 3
Page 60 of 178
MnDOT Agreement No. 1052393
SAP No. 166-594-001, tied to SP 7005-138
EXHIBIT A
SOURCES AND USES OF FUNDS SCHEDULE
SOURCES OF FUNDS
USES OF FUNDS
Entity... Supplying Funds ..............:......................Amount Expenses.................................................. Amount
State Funds: Items Paid for with LRIP
LRIP Grant (Acct 353)
Other:
Subtotal
Public Entity Funds:
Matching Funds
Local Match
...........................................................................................................
Other:
Subtotal
TOTAL FUNDS
2,000,000.00 Grant Funds:
Bridge Construction
$2,000,000.00 Subtotal
$ 2,854,177.84
Items paid for with Non-
LRIP Grant Funds:
Bridge Construction
Roadway Construction
2,000,000.00
$2,000,000.00
$1,479,522.79
$1,374,655.05
2,854,177.84 Subtotal $ 2,854,177.84
$4,854,177.84 = TOTAL PROJECT $4,854,177.84
COSTS
Revised December 2022 4
Page 61 of 178
MnDOT Agreement No. 1052393
SAP No. 166-594-001, tied to SP 7005-138
EXHIBIT B
PROJECT SCHEDULE
Award Date February 21, 2023
Construction Start Date March 13, 2023
Construction Substantial Complete Date September 30, 2023
Contract Final Completion Date: December 31, 2027
Revised December 2022 5
Page 62 of 178
MnDOT Agreement No. 1052393
SAP No. 166-594-001, tied to SP 7005-138
EXHIBIT C
BOND FINANCED PROPERTY CERTIFICATION
State of Minnesota
General Obligation Bond Financed Property
The undersigned states that it has a fee simple, leasehold and/or easement interest in the real
property located in the County(ies) of Scott, State of Minnesota that is generally described or
illustrated graphically in Attachment 1 attached hereto and all improvements thereon (the "Restricted
Property") and acknowledges that the Restricted Property is or may become State bond -financed
property. To the extent that the Restricted Property is or becomes State bond -financed property, the
undersigned acknowledges that:
A. The Restricted Property is State bond -financed property under Minn. Stat. Sec.
16A.695, is subject to the requirements imposed by that statute, and cannot be
sold, mortgaged, encumbered or otherwise disposed of without the approval of the
Commissioner of Minnesota Management and Budget; and
B. The Restricted Property is subject to the provisions of the Local Road
Improvement Program Grant Agreement between the Minnesota Department of
Transportation and the undersigned dated , 20; and
C. The Restricted Property shall continue to be deemed State bond -financed property
for 37.5 years or until the Restricted Property is sold with the written approval of
the Commissioner of Minnesota Management and Budget.
Date: March 6, 2023
City of Shakopee
[name of Public Entity grantee], a political
subdivision of the State of Minnesota
By:
Name: Matt Lehman
Title: Mayor
By:
Name: Lori Hensen
Title: City Clerk
Revised December 2022 6
Page 63 of 178
MnDOT Agreement No. 1052393
SAP No. 166-594-001, tied to SP 7005-138
Attachment 1 to Exhibit C
GENERAL DESCRIPTION OF RESTRICTED PROPERTY
The project is located on TH 169, east of Canterbury Road and west of CSAH 18, located
immediately west of Quarry Lake Park and north of the Southbridge neighborhood.
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Revised December 2022
7
Page 64 of 178
MnDOT Agreement No. 1052393
SAP No. 166-594-001, tied to SP 7005-138
EXHIBIT D
GRANT APPLICATION
This project was legislatively selected. In 2020 laws, 5th Special Session, Chapter 3, Article 1,
Section 16, Subdivision 30, the legislature appropriated $2,000,000.00 for "a grant to the city of
Shakopee to acquire land or interests in land, predesign, design, engineer, and construct a
pedestrian and bicycle overpass over marked Trunk Highway 169, and establish new trail
segments, to connect the Southbridge neighborhood and Quarry Lake Park."
Revised December 2022 8
Page 65 of 178
MnDOT Agreement No. 1052393
SAP No. 166-594-001, tied to SP 7005-138
EXHIBIT E
GRANTEE RESOLUTION APPROVING GRANT AGREEMENT
Revised December 2022 9
Page 66 of 178
MnDOT Agreement No. 1052393
SAP No. 166-594-001, tied to SP 7005-138
RESOLUTION R2023-029
RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA
APPROVING A GRANT AGREEEMENT WITH MNDOT FOR
STATE TRANSPORATION FUND LOCAL ROAD IMPROVEMENT PROGRAM
FOR THE TH-169 PEDESTRIAN BRIDGE PROJECT CIF-22-002,
SAP 166-594-001, AGREEMENT NO. 1052393
WHEREAS, the City of Shakopee has applied to the Commissioner of Transportation for a grant
from the Minnesota State Transportation Fund for Local Road Improvement; and
WHEREAS, the Commissioner of Transportation has given notice that funding for this project is
available; and
WHEREAS, the amount of the grant has been determined to be $2,000,000 by reason of the
lowest responsible bid;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,
MINNESOTA AS FOLLOWS:
1. The City of Shakopee hereby agrees to the terms and conditions of the grant consistent
with Minnesota Statutes, section 174.52 and will pay any additional amount by which the cost exceeds
the estimate, and will return to the Minnesota State Transportation Fund any amount appropriated for
the project but not required.
2. The Mayor is authorized to execute with the Commissioner of Transportation the
Agreement No. 1052393 and any amendments thereto.
Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 7th
day of March 2023.
Prepared by:
City of Shakopee
485 Gorman Street
Shakopee, MN 55379
Matt Lehman, Mayor
City of Shakopee
ATTEST:
City Clerk
City of Shakopee
Revised December 2022 10
Page 67 of 178
MnDOT Agreement No. 1052393
SAP No. 166-594-001, tied to SP 7005-138
EXHIBIT F
GENERAL TERMS AND CONDITIONS FOR
LOCAL ROAD IMPROVEMENT PROGRAM (LRIP) GRANTS
Article I
DEFINITIONS
Section 1.01 Defined Terms. The following terms shall have the meanings set out respectively after
each such term (the meanings to be equally applicable to both the singular and plural forms of the terms
defined) unless the context specifically indicates otherwise:
"Advance(s)" - means an advance made or to be made by MnDOT to the Public Entity and disbursed
in accordance with the provisions contained in Article VI hereof.
"Agreement" - means the Local Road Improvement Program Grant Agreement between the Public
Entity and the Minnesota Department of Transportation to which this Exhibit is attached.
"Certification" - means the certification, in the form attached as Exhibit C, in which the Public Entity
acknowledges that its interest in the Real Property is bond financed property within the meaning of Minn.
Stat. Sec. 16A.695 and is subject to certain restrictions imposed thereby.
"Code" - means the Internal Revenue Code of 1986, as amended, and all treasury regulations, revenue
procedures and revenue rulings issued pursuant thereto.
"Commissioner" - means the Commissioner of Minnesota Management & Budget.
"Commissioner's Order" - means the "Fourth Order Amending Order of the Commissioner of
Minnesota Management & Budget Relating to Use and Sale of State Bond Financed Property" dated July
30, 2012, as it may be amended or supplemented.
"Completion Date" - means the projected date for completion of the Project as indicated in the
Agreement.
"Construction Contract Documents" - means the document or documents, in form and substance
acceptable to MnDOT, including but not limited to any construction plans and specifications and any
exhibits, amendments, change orders, modifications thereof or supplements thereto, which collectively
form the contract between the Public Entity and the Contractor(s) for the completion of the Construction
Items on or before the Completion Date for either a fixed price or a guaranteed maximum price.
"Construction Items" - means the work to be performed under the Construction Contract Documents.
"Contractor" - means any person engaged to work on or to furnish materials and supplies for the
Construction Items including, if applicable, a general contractor.
"Draw Requisition" - means a draw requisition that the Public Entity, or its designee, submits to
MnDOT when an Advance is requested, as referred to in Section 4.02.
Revised December 2022 11
Page 68 of 178
MnDOT Agreement No. 1052393
SAP No. 166-594-001, tied to SP 7005-138
"G.O. Bonds" - means the state general obligation bonds issued under the authority granted in Article
XI, Sec. 5(a) of the Minnesota Constitution, the proceeds of which are used to fund the LRIP Grant, and
any bonds issued to refund or replace such bonds.
"Grant Application" - means the grant application that the Public Entity submitted to MnDOT which
is attached as Exhibit D.
"LRIP Grant" - means a grant from MnDOT to the Public Entity under the LRIP in the amount
specified in the Agreement, as such amount may be modified under the provisions hereof
"LRIP" - means the Local Road Improvement Program pursuant to Minn. Stat. Sec. 174.52 and rules
relating thereto.
"MnDOT" - means the Minnesota Depailnient of Transportation.
"Outstanding Balance of the LRIP Grant" - means the portion of the LRIP Grant that has been
disbursed to the Public Entity minus any amounts returned to the Commissioner.
"Project" - means the Project identified in the Agreement to be totally or partially funded with a LRIP
grant.
"Public Entity" - means the grantee of the LRIP Grant and identified as the Public Entity in the
Agreement.
"Real Property" - means the real property identified in the Agreement on which the Project is located.
Article II
GRANT
Section 2.01 Grant of Monies. MnDOT shall make the LRIP Grant to the Public Entity, and disburse
the proceeds in accordance with the terms and conditions herein.
Section 2.02 Public Ownership, The Public Entity acknowledges and agrees that the LRIP Grant is
being funded with the proceeds of G.O. Bonds, and as a result all of the Real Property must be owned by
one or more public entities. The Public Entity represents and warrants to MnDOT that it has one or more
of the following ownership interests in the Real Property: (i) fee simple ownership, (ii) an easement that is
for a term that extends beyond the date that is 37.5 years from the Agreement effective date, or such shorter
term as authorized by statute, and which cannot be modified or terminated early without the prior written
consent of MnDOT and the Commissioner; and/or (iii) a prescriptive easement for a term that extends
beyond the date that is 37.5 years from the Agreement effective date.
Section 2.03 Use of Grant Proceeds. The Public Entity shall use the LRIP Grant solely to reimburse
itself for expenditures it has already made, or will make, to pay the costs of one of the following applicable
activities: (i) preliminary, final construction and engineering and administration (ii) constructing or
reconstructing city streets, county highways, or town roads with statewide or regional significance that
have not been fully funded through other state, federal, or local funding sources; or (iii) capital
improvement projects on county state -aid highways that are intended primarily to reduce traffic crashes,
deaths, injuries, and property damage. The Public Entity shall not use the LRIP Grant for any other purpose,
including but not limited to, any work to be done on a state trunk highway or within a trunk highway
easement.
Revised December 2022 12
Page 69 of 178
MnDOT Agreement No. 1052393
SAP No. 166-594-001, tied to SP 7005-138
Section 2.04 Operation of the Real Property. The Real Property must be used by the Public Entity
in conjunction with or for the operation of a county highway, county state -aid highway, town road, or city
street and for other uses customarily associated therewith, such as trails and utility corridors, and for no
other purposes or uses. The Public Entity shall have no intention on the effective date of the Agreement to
use the Real Property as a trunk highway or any part of a trunk highway. The Public Entity must annually
determine that the Real Property is being used for the purposes specified in this Section and, upon written
request by either MnDOT or the Commissioner, shall supply a notarized statement to that effect.
Section 2.05 Sale or Lease of Real Property. The Public Entity shall not (i) sell or transfer any part
of its ownership interest in the Real Property, or (ii) lease out or enter into any contract that would allow
another entity to use or operate the Real Property without the written consent of both MnDOT and the
Commissioner. The sale or transfer of any part of the Public Entity's ownership interest in the Real
Property, or any lease or contract that would allow another entity to use or operate the Real Property, must
comply with the requirements imposed by Minn. Stat. Sec. 16A.695 and the Commissioner's Order
regarding such sale or lease.
Section 2.06 Public Entity's Representations and Warranties. The Public Entity represents and
warrants to MnDOT that:
A. It has legal authority to execute, deliver and perform the Agreement and all documents referred
to therein, and it has taken all actions necessary to its execution and delivery of such documents.
B. It has the ability and a plan to fund the operation of the Real Property for the purposes specified
in Section 2.04, and will include in its annual budget all funds necessary for the operation of
the Real Property for such purposes.
C. The Agreement and all other documents referred to therein are the legal, valid and binding
obligations of the Public Entity enforceable against the Public Entity in accordance with their
respective terms.
D. It will comply with all of the provisions of Minn. Stat. Sec. 16A.695, the Commissioner's Order
and the LRIP. It has legal authority to use the G.O. Grant for the purpose or purposes described
in this Agreement.
E. All of the information it has submitted or will submit to MnDOT or the Commissioner relating
to the LRIP Grant or the disbursement of the LRIP Grant is and will be true and correct.
F. It is not in violation of any provisions of its charter or of the laws of the State of Minnesota,
and there are no actions or proceedings pending, or to its knowledge threatened, before any
judicial body or governmental authority against or affecting it relating to the Real Property, or
its ownership interest therein, and it is not in default with respect to any order, writ, injunction,
decree, or demand of any court or any governmental authority which would impair its ability
to enter into the Agreement or any document referred to herein, or to perform any of the acts
required of it in such documents.
G. Neither the execution and delivery of the Agreement or any document referred to herein nor
compliance with any of the provisions or requirements of any of such documents is prevented
by, is a breach of, or will result in a breach of, any provision of any agreement or document to
which it is now a party or by which it is bound.
Revised December 2022 13
Page 70 of 178
MnDOT Agreement No. 1052393
SAP No. 166-594-001, tied to SP 7005-138
H. The contemplated use of the Real Property will not violate any applicable zoning or use statute,
ordinance, building code, rule or regulation, or any covenant or agreement of record relating
thereto.
L The Project will be completed and the Real Property will be operated in full compliance with
all applicable laws, rules, ordinances, and regulations of any federal, state, or local political
subdivision having jurisdiction over the Project and the Real Property.
J. All applicable licenses, permits and bonds required for the performance and completion of the
Project and for the operation of the Real Property as specified in Section 2.04 have been, or
will be, obtained.
K. It reasonably expects to possess its ownership interest in the Real Property described in Section
2.02 for at least 37.5 years, and it does not expect to sell such ownership interest.
L. It does not expect to lease out or enter into any contract that would allow another entity to use
or operate the Real Property.
M. It will supply whatever funds are needed in addition to the LRIP Grant to complete and fully
pay for the Project.
N. The Construction Items will be completed substantially in accordance with the Construction
Contract Documents by the Completion Date and all such items will be situated entirely on the
Real Property.
O. It will require the Contractor or Contractors to comply with all rules, regulations, ordinances,
and laws bearing on its perfot dance under the Construction Contract Documents.
P. It shall furnish such satisfactory evidence regarding the representations and warranties
described herein as may be required and requested by either MnDOT or the Commissioner.
It has made no material false statement or misstatement of fact in connection with its receipt of
the G.O. Grant, and all the information it has submitted or will submit to the State Entity or
Commissioner of MMB relating to the G.O. Grant or the disbursement of any of the G.O. Grant
is and will be true and correct.
Section 2.07 Event(s) of Default. The following events shall, unless waived in writing by MnDOT
and the Commissioner, constitute an Event of Default under the Agreement upon either MnDOT or the
Commissioner giving the Public Entity 30 days' written notice of such event and the Public Entity's failure
to cure such event during such 30-day time period for those Events of Default that can be cured within 30
days or within whatever time period is needed to cure those Events of Default that cannot be cured within
30 days as long as the Public Entity is using its best efforts to cure and is making reasonable progress in
curing such Events of Default; however, in no event shall the time period to cure any Event of Default
exceed six (6) months unless otherwise consented to, in writing, by MnDOT and the Commissioner.
A. If any representation, covenant, or warranty made by the Public Entity herein or in any other
document furnished pursuant to the Agreement, or to induce MnDOT to disburse the LRIP
Grant, shall prove to have been untrue or incorrect in any material respect or materially
misleading as of the time such representation, covenant, or warranty was made.
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B. If the Public Entity fails to fully comply with any provision, covenant, or warranty contained
herein.
C. if the Public Entity fails to fully comply with any provision, covenant or warranty contained
in Minn. Stat. Sec. 16A.695, the Commissioner's Order, or Minn. Stat. Sec. 174.52 and all
rules related thereto.
D. If the Public Entity fails to use the proceeds of the LRIP Grant for the purposes set forth in
Section 2.03, the Grant Application, and in accordance with the LRIP.
E. If the Public Entity fails to operate the Real Property for the purposes specified in Section 2.04.
F. If the Public Entity fails to complete the Project by the Completion Date.
G. If the Public Entity sells or transfers any portion of its ownership interest in the Real Property
without first obtaining the written consent of both MnDOT and the Commissioner.
H. if the Public Entity fails to provide any additional funds needed to fully pay for the Project.
1. if the Public Entity fails to supply the funds needed to operate the Real Property in the manner
specified in Section 2.04.
Notwithstanding the foregoing, any of the above events that cannot be cured shall, unless waived in writing
by MnDOT and the Commissioner, constitute an Event of Default under the Agreement immediately upon
either MnDOT or the Commissioner giving the Public Entity written notice of such event.
Section 2.08 Remedies. Upon the occurrence of an Event of Default and at any time thereafter until
such Event of Default is cured to the satisfaction of MnDOT, MnDOT or the Commissioner may enforce
any or all of the following remedies.
A. MnDOT may refrain from disbursing the LRIP Grant; provided, however, MnDOT may make
such disbursements after the occurrence of an Event of Default without waiving its rights and
remedies hereunder.
B. if the Event of Default involves a sale of the Public Entity's interest in the Real Property in
violation of Minn. Stat. Sec. 16A.695 or the Commissioner's Order, the Commissioner, as a
third party beneficiary of the Agreement, may require that the Public Entity pay the amounts
that would have been paid if there had been compliance with such provisions. For other Events
of Default, the Commissioner may require that the Outstanding Balance of the LRIP Grant be
returned to it.
C. Either MnDOT or the Commissioner, as a third party beneficiary of the Agreement, may
enforce any additional remedies it may have in law or equity.
The rights and remedies specified herein are cumulative and not exclusive of any rights or remedies that
MnDOT or the Commissioner would otherwise possess.
If the Public Entity does not repay the amounts required to be paid under this Section or under any other
provision contained herein within 30 days of demand by the Commissioner, or any amount ordered by a
court of competent jurisdiction within 30 days of entry of judgment against the Public Entity and in favor
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of MnDOT and/or the Commissioner, then such amount may, unless precluded by law, be offset against
any aids or other monies that the Public Entity is entitled to receive from the State of Minnesota.
Section 2.09 Notification of Event of Default. The Public Entity shall furnish to MnDOT and the
Commissioner, as soon as possible and in any event within seven (7) days after it has obtained knowledge
of the occurrence of each Event of Default, a statement setting forth details of each Event of Default and
the action which the Public Entity proposes to take with respect thereto.
Section 2.10 Effect of Event of Default. The Agreement shall survive Events of Default and remain
in full force and effect, even upon full disbursement of the LRIP Grant, and shall only be terminated under
the circumstances set forth in Section 2.11.
Section 2.11 Termination of Agreement and Modification of LRIP Grant.
A. If the Project is not started within five (5) years after the effective date of the Agreement or the
LRIP Grant has not been disbursed within four (4) years after the date the Project was started, MnDOT' s
obligation to fund the LRIP Grant shall terminate. In such event, (i) if none of the LRIP Grant has been
disbursed by such date, MnDOT shall have no obligation to fund the LRIP Grant and the Agreement will
terminate, and (ii) if some but not all of the LRIP Grant has been disbursed by such date, MnDOT shall
have no further obligation to provide any additional funding for the LRIP Grant and the Agreement shall
remain in force but shall be modified to reflect the amount of the LRIP Grant that was actually disbursed
and the Public Entity is still obligated to complete the Project by the Completion Date.
B. The Agreement shall terminate upon the Public Entity's sale of its interest in the Real Property
and transmittal of the required portion of the proceeds of the sale to the Commissioner in compliance with
Minn. Stat. Sec. 16A.695 and the Commissioner's Order, or upon the termination of the Public Entity's
ownership interest in the Real Property if such ownership interest is an easement.
Section 2.12 Excess Funds. If the full amount of the G.O. Grant and any matching funds referred to
in Section 5.13 are not needed to complete the Project, then, unless language in the G.O. Bonding
Legislation indicates otherwise, the G.O. Grant shall be reduced by the amount not needed.
Article III
COMPLIANCE WITH MINNESOTA STATUTE, SEC. 16A.695
AND THE COMMISSIONER'S ORDER
Section 3.01 State Bond Financed Property. The Public Entity acknowledges that its interest in
the Real Property is, or when acquired by it will be, "state bond financed property", as such term is used in
Minn. Stat. Sec. 16A.695 and the Commissioner's Order and, therefore, the provisions contained in such
statute and order apply, or will apply, to its interest in the Real Property, even if the LRIP Grant will only
pay for a portion of the Project.
Section 3.02 Preservation of Tax Exempt Status. In order to preserve the tax-exempt status of the
G.O. Bonds, the Public Entity agrees as follows:
A. It will not use the Real Property or use or invest the LRIP Grant or any other sums treated as
"bond proceeds" under Section 148 of the Code (including "investment proceeds," "invested
sinking funds" and "replacement proceeds") in such a manner as to cause the G.O. Bonds to be
classified as "arbitrage bonds" under Code Section 148.
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B. It will deposit and hold the LRIP Grant in a segregated non -interest -bearing account until such
funds are used for payments for the Project.
C. It will, upon written request, provide the Commissioner all information required to satisfy the
informational requirements set forth in the Code, including Sections 103 and 148, with respect
to the G.O. Bonds.
D. It will, upon the occurrence of any act or omission by the Public Entity that could cause the
interest on the G.O. Bonds to no longer be tax exempt and upon direction from the
Commissioner, take such actions and furnish such documents as the Commissioner determines
to be necessary to ensure that the interest to be paid on the G.O. Bonds is exempt from federal
taxation, which such action may include: (i) compliance with proceedings intended to classify
the G.O. Bonds as a "qualified bond" within the meaning of Code Section 141(e), or (ii)
changing the nature of the use of the Real Property so that none of the net proceeds of the G.O.
Bonds will be deemed to be used, directly or indirectly, in an "unrelated trade or business" or
for any "private business use" within the meaning of Code Sections 141(b) and 145(a).
E. It will not otherwise use any of the LRIP Grant or take, permit or cause to be taken, or omit to
take, any action that would adversely affect the exemption from federal income taxation of the
interest on the G.O. Bonds, and if it should take, permit or cause to be taken, or omit to take,
as appropriate, any such action, it shall take all lawful actions necessary to correct such actions
or omissions promptly upon obtaining knowledge thereof.
Section 3.03 Changes to G.O. Compliance Legislation or the Commissioner's Order. If Minn.
Stat. Sec. 16A.695 or the Commissioner's Order is amended in a manner that reduces any requirement
imposed against the Public Entity, or if the Public Entity's interest in the Real Property becomes exempted
from Minn. Stat. Sec. 16A.695 and the Commissioner's Order, then upon written request by the Public
Entity, MnDOT shall execute an amendment to the Agreement to implement such amendment or exempt
the Public Entity's interest in the Real Property from Minn. Stat. Sec. 16A.695 and the Commissioner's
Order.
Article IV
DISBURSEMENT OF GRANT PROCEEDS
Section 4.01 The Advances. MnDOT agrees, on the terms and subject to the conditions set forth
herein, to make Advances of the LRIP Grant to the Public Entity from time to time in an aggregate total
amount not to exceed the amount of the LRIP Grant. if the amount of LRIP Grant that MnDOT
cumulatively disburses hereunder to the Public Entity is less than the amount of the LRIP Grant delineated
in Section 1.01, then MnDOT and the Public Entity shall enter into and execute whatever documents
MnDOT may request in order to amend or modify this Agreement to reduce the amount of the LRIP Grant
to the amount actually disbursed. Provided, however, in accordance with the provisions contained in
Section 2.11, MnDOT's obligation to make Advances shall terminate as of the dates specified in Section
2.11 even if the entire LRIP Grant has not been disbursed by such dates.
Advances shall only be for expenses that (i) are for those items of a capital nature delineated in Source
and Use of Funds that is attached as Exhibit A, (ii) accrued no earlier than the effective date of the
legislation that appropriated the funds that are used to fund the LRIP Grant, or (iii) have otherwise been
consented to, in writing, by the Commissioner.
It is the intent of the parties hereto that the rate of disbursement of the Advances shall not exceed the rate
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of completion of the Project or the rate of disbursement of the matching funds required, if any, under Section
5.13. Therefore, the cumulative amount of all Advances disbursed by the State Entity at any point in time
shall not exceed the portion of the Project that has been completed and the percentage of the matching funds
required, if any, under Section 5.13 that have been disbursed as of such point in time. This requirement is
expressed by way of the following two formulas:
Formula #1:
Cumulative Advances < (Program Grant) x (percentage of matching funds, if any, required under
Section 5.13 that have been disbursed)
Formula #2:
Cumulative Advances < (Program Grant) x (percentage of Project completed)
Section 4.02 Draw Requisitions. Whenever the Public Entity desires a disbursement of a portion
of the LRIP Grant the Public Entity shall submit to MnDOT a Draw Requisition duly executed on behalf
of the Public Entity or its designee. Each Draw Requisition with respect to construction items shall be
limited to amounts equal to: (i) the total value of the classes of the work by percentage of completion as
approved by the Public Entity and MnDOT, plus (ii) the value of materials and equipment not incorporated
in the Project but delivered and suitably stored on or off the Real Property in a manner acceptable to
MnDOT, less (iii) any applicable retainage, and less (iv) all prior Advances.
Notwithstanding anything herein to the contrary, no Advances for materials stored on or off the Real
Property will be made by MnDOT unless the Public Entity shall advise MnDOT, in writing, of its intention
to so store materials prior to their delivery and MnDOT has not objected thereto.
At the time of submission of each Draw Requisition, other than the final Draw Requisition, the Public
Entity shall submit to MnDOT such supporting evidence as may be requested by MnDOT to substantiate
all payments which are to be made out of the relevant Draw Requisition or to substantiate all payments
then made with respect to the Project.
The final Draw Requisition shall not be submitted before completion of the Project, including any
correction of material defects in workmanship or materials (other than the completion of punch list items).
At the time of submission of the final Draw Requisition the Public Entity shall submit to MnDOT: (I) such
supporting evidence as may be requested by MnDOT to substantiate all payments which are to be made
out of the final Draw Requisition or to substantiate all payments then made with respect to the Project, and
(ii) satisfactory evidence that all work requiring inspection by municipal or other governmental authorities
having jurisdiction has been duly inspected and approved by such authorities and that all requisite
certificates and other approvals have been issued.
If on the date an Advance is desired the Public Entity has complied with all requirements of this
Agreement and MnDOT approves the relevant Draw Requisition, then MnDOT shall disburse the amount
of the requested Advance to the Public Entity.
Section 4.03 Additional Funds. If MnDOT shall at any time in good faith determine that the sum
of the undisbursed amount of the LRIP Grant plus the amount of all other funds committed to the Project
is less than the amount required to pay all costs and expenses of any kind which reasonably may be
anticipated in connection with the Project, then MnDOT may send written notice thereof to the Public
Entity specifying the amount which must be supplied in order to provide sufficient funds to complete the
Project. The Public Entity agrees that it will, within 10 calendar days of receipt of any such notice, supply
or have some other entity supply the amount of funds specified in MnDOT's notice.
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Section 4.04 Condition Precedent to Any Advance. The obligation of MnDOT to make any
Advance hereunder (including the initial Advance) shall be subject to the following conditions precedent:
A. MnDOT shall have received a Draw Requisition for such Advance specifying the amount of
funds being requested, which such amount when added to all prior requests for an Advance
shall not exceed the amount of the LRIP Grant set forth in Section 1.01.
B. No Event of Default under this Agreement or event which would constitute an Event of Default
but for the requirement that notice be given or that a period of grace or time elapse shall have
occurred and be continuing.
C. No determination shall have been made by MnDOT that the amount of funds committed to the
Project is less than the amount required to pay all costs and expenses of any kind that may
reasonably be anticipated in connection with the Project, or if such a determination has been
made and notice thereof sent to the Public Entity under Section 4.03, then the Public Entity has
supplied, or has caused some other entity to supply, the necessary funds in accordance with
such section or has provided evidence acceptable to MnDOT that sufficient funds are available.
D. The State Entity shall have received evidence, in form and substance acceptable to the State
Entity, that the Public Entity has sufficient funds to fully and completely pay for the Project
and all other expenses that may occur in conjunction therewith.
E. The Public Entity has supplied to the State Entity all other items that the State Entity may
reasonably require
Section 4.05 Processing and Disbursement of Advances. The Public Entity acknowledges and
agrees as follows:
A. Advances are not made prior to completion of work perfonned on the Project.
B. All Advances are processed on a reimbursement basis.
C. The Public Entity must first document expenditures to obtain an Advance.
D. Reimbursement requests are made on a partial payment basis or when the Project is completed.
E. All payments are made following the "Delegated Contract Process or State Aid Payment Request"
as requested and approved by the appropriate district state aid engineer.
Section 4.06 Construction Inspections. The Public Entity shall be responsible for making its own
inspections and observations regarding the completion of the Project, and shall determine to its own
satisfaction that all work done or materials supplied have been properly done or supplied in accordance
with all contracts that the Public Entity has entered into regarding the completion of the Project.
Article V
MISCELLANEOUS
Section 5.01 Insurance. If the Public Entity elects to maintain general comprehensive liability
insurance regarding the Real Property, then the Public Entity shall have MnDOT named as an additional
named insured therein.
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Section 5.02 Condemnation. If, after the Public Entity has acquired the ownership interest set forth
in Section 2.02, all or any portion of the Real Property is condemned to an extent that the Public Entity can
no longer comply with Section 2.04, then the Public Entity shall, at its sole option, either: (i) use the
condemnation proceeds to acquire an interest in additional real property needed for the Public Entity to
continue to comply with Section 2.04 and to provide whatever additional funds that may be needed for such
purposes, or (ii) submit a request to MnDOT and the Commissioner to allow it to sell the remaining portion
of its interest in the Real Property. Any condemnation proceeds which are not used to acquire an interest
in additional real property shall be applied in accordance with Minn. Stat. Sec. 16A.695 and the
Commissioner's Order as if the Public Entity's interest in the Real Property had been sold. If the Public
Entity elects to sell its interest in the portion of the Real Property that remains after the condemnation, such
sale must occur within a reasonable time period after the date the condemnation occurred and the cumulative
sum of the condemnation and sale proceeds applied in accordance with Minn Stat. Sec. 16A.695 and the
Commissioner's Order.
If MnDOT receives any condemnation proceeds referred to herein, MnDOT agrees to or pay over to the
Public Entity all of such condemnation proceeds so that the Public Entity can comply with the requirements
of this Section.
Section 5.03 Use, Maintenance, Repair and Alterations. The Public Entity shall not, without the
written consent of MnDOT and the Commissioner, (i) permit or allow the use of any of the Real Property
for any purpose other than the purposes specified in Section 2.04, (ii) substantially alter any of the Real
Property except such alterations as may be required by laws, ordinances or regulations, or such other
alterations as may improve the Real Property by increasing its value or which improve its ability to be used
for the purposes set forth in Section 2.04, (iii) take any action which would unduly impair or depreciate the
value of the Real Property, (iv) abandon the Real Property, or (v) commit or permit any act to be done in
or on the Real Property in violation of any law, ordinance or regulation.
If the Public Entity fails to maintain the Real Property in accordance with this Section, MnDOT may
perform whatever acts and expend whatever funds necessary to so maintain the Real Property, and the
Public Entity irrevocably authorizes MnDOT to enter upon the Real Property to perform such acts as may
be necessary to so maintain the Real Property. Any actions taken or funds expended by MnDOT shall be
at its sole discretion, and nothing contained herein shall require MnDOT to take any action or incur any
expense and MnDOT shall not be responsible, or liable to the Public Entity or any other entity, for any such
acts that are performed in good faith and not in a negligent manner. Any funds expended by MnDOT
pursuant to this Section shall be due and payable on demand by MnDOT and will bear interest from the
date of payment by MnDOT at a rate equal to the lesser of the maximum interest rate allowed by law or
18% per year based upon a 365-day year.
Section 5.04 Recordkeeping and Reporting. The Public Entity shall maintain books and records
pertaining to Project costs and expenses needed to comply with the requirements contained herein, Minn.
Stat. Sec. 16A.695, the Commissioner's Order, and Minn. Stat. Sec. 174.52 and all rules related thereto,
and upon request shall allow MnDOT, its auditors, the Legislative Auditor for the State of Minnesota, or
the State Auditor for the State of Minnesota, to inspect, audit, copy, or abstract all of such items. The Public
Entity shall use generally accepted accounting principles in the maintenance of such items, and shall retain
all of such books and records for a period of six years after the date that the Project is fully completed and
placed into operation.
Section 5.05 Inspections by MnDOT. The Public Entity shall allow MnDOT to inspect the Real
Property upon reasonable request by MnDOT and without interfering with the normal use of the Real
Property.
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Section 5.06 Liability. The Public Entity and MnDOT agree that each will be responsible for its own
acts and the results thereof to the extent authorized by law, and neither shall be responsible for the acts of
the other party and the results thereof. The liability of MnDOT and the Commissioner is governed by the
provisions of Minn. Stat. Sec. 3.736. If the Public Entity is a "municipality" as that term is used in Minn.
Stat. Chapter 466, then the liability of the Public Entity is governed by the provisions of Chapter 466. The
Public Entity's liability hereunder shall not be limited to the extent of insurance carried by or provided by
the Public Entity, or subject to any exclusion from coverage in any insurance policy.
Section 5.07 Relationship of the Parties. Nothing contained in the Agreement is to be construed as
establishing a relationship of co-partners or joint venture among the Public Entity, MnDOT, or the
Commissioner, nor shall the Public Entity be considered to be an agent, representative, or employee of
MnDOT, the Commissioner, or the State of Minnesota in the performance of the Agreement or the Project.
No employee of the Public Entity or other person engaging in the performance of the Agreement or the
Project shall be deemed have any contractual relationship with MnDOT, the Commissioner, or the State of
Minnesota and shall not be considered an employee of any of those entities. Any claims that may arise on
behalf of said employees or other persons out of employment or alleged employment, including claims
under the Workers' Compensation Act of the State of Minnesota, claims of discrimination against the Public
Entity or its officers, agents, contractors, or employees shall in no way be the responsibility of MnDOT,
the Commissioner, or the State of Minnesota. Such employees or other persons shall not require nor be
entitled to any compensation, rights or benefits of any kind whatsoever from MnDOT, the Commissioner,
or the State of Minnesota, including tenure rights, medical and hospital care, sick and vacation leave,
disability benefits, severance pay and retirement benefits.
Section 5.08 Notices. In addition to any notice required under applicable law to be given in another
manner, any notices required hereunder must be in writing and personally served or sent by prepaid,
registered, or certified mail (return receipt requested), to the address of the party specified below or to such
different address as may in the future be specified by a party by written notice to the others:
To the Public Entity: At the address indicated on the first page of the Agreement.
To MnDOT at:
To the Commissioner at:
Minnesota Department of Transportation
Office of State Aid
395 John Ireland Blvd., MS 500
Saint Paul, MN 55155
Attention: Marc Briese, State Aid Programs Engineer
Minnesota Management & Budget
400 Centennial Office Bldg.
658 Cedar St.
St. Paul, MN 55155
Attention: Commissioner
Section 5.09 Assignment or Modification. Neither the Public Entity nor MnDOT may assign any
of its rights or obligations under the Agreement without the prior written consent of the other party.
Section 5.10 Waiver. Neither the failure by the Public Entity, MnDOT, or the Commissioner, as a
third party beneficiary of the Agreement, in one or more instances to insist upon the complete observance
or performance of any provision hereof, nor the failure of the Public Entity, MnDOT, or the Commissioner
to exercise any right or remedy conferred hereunder or afforded by law shall be construed as waiving any
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breach of such provision or the right to exercise such right or remedy thereafter. In addition, no delay by
any of the Public Entity, MnDOT, or the Commissioner in exercising any right or remedy hereunder shall
operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude other or
further exercise thereof or the exercise of any other right or remedy.
Section 5.11 Choice of Law and Venue. All matters relating to the validity, interpretation,
performance, or enforcement of the Agreement shall be determined in accordance with the laws of the State
of Minnesota. All legal actions arising from any provision of the Agreement shall be initiated and venued
in the State of Minnesota District Court located in St. Paul, Minnesota.
Section 5.12 Severability. If any provision of the Agreement is finally judged by any court to be
invalid, then the remaining provisions shall remain in full force and effect and they shall be interpreted,
performed, and enforced as if the invalid provision did not appear herein.
Section 5.13 Matching Funds. Any matching funds as shown on Page 1 of the Grant Agreement
that are required to be obtained and supplied by the Public Entity must either be in the form of (i) cash
monies, (ii) legally binding commitments for money, or (iii) equivalent funds or contributions, including
equity, which have been or will be used to pay for the Project. The Public Entity shall supply to MnDOT
whatever documentation MnDOT may request to substantiate the availability and source of any matching
funds.
Section 5.14 Sources and Uses of Funds. The Public Entity represents to MnDOT and the
Commissioner that the Sources and Uses of Funds Schedule attached as Exhibit A accurately shows the
total cost of the Project and all of the funds that are available for the completion of the Project. The Public
Entity will supply any other information and documentation that MnDOT or the Commissioner may request
to support or explain any of the information contained in the Sources and Uses of Funds Schedule. If any
of the funds shown in the Sources and Uses of Funds Schedule have conditions precedent to the release of
such funds, the Public Entity must provide to MnDOT a detailed description of such conditions and what
is being done to satisfy such conditions.
Section 5.15 Project Completion Schedule. The Public Entity represents to MnDOT and the
Commissioner that the Project Completion Schedule attached as Exhibit B correctly and accurately sets
forth the projected schedule for the completion of the Project.
Section 5.16 Third -Party Beneficiary. The Governmental Program will benefit the State of
Minnesota and the provisions and requirements contained herein are for the benefit of both the State Entity
and the State of Minnesota. Therefore, the State of Minnesota, by and through its Commissioner of MMB,
is and shall be a third -party beneficiary of this Agreement.
Section 5.17 Public Entity Tasks. Any tasks that the Agreement imposes upon the Public Entity
may be performed by such other entity as the Public Entity may select or designate, provided that the failure
of such other entity to perform said tasks shall be deemed to be a failure to perform by the Public Entity.
Section 5.18 Data Practices. The Public Entity agrees with respect to any data that it possesses
regarding the G.O. Grant or the Project to comply with all of the provisions and restrictions contained in
the Minnesota Government Data Practices Act contained in Minnesota Statutes Chapter 13, as such may
subsequently be amended or replaced from time to time.
Section 5.19 Non -Discrimination. The Public Entity agrees to not engage in discriminatory
employment practices regarding the Project and it shall fully comply with all of the provisions contained in
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Minnesota Statutes Chapters 363A and 181, as such may subsequently be amended or replaced from time
to time.
Section 5.20 Worker's Compensation. The Public Entity agrees to comply with all of the provisions
relating to worker's compensation contained in Minn. Stat. Secs. 176.181 subd. 2 and 176.182, as they may
be amended or replaced from time to time with respect to the Project.
Section 5.21 Antitrust Claims. The Public Entity hereby assigns to MnDOT and the Commissioner
of MMB all claims it may have for over charges as to goods or services provided with respect to the Project
that arise under the antitrust laws of the State of Minnesota or of the United States of America.
Section 5.22 Prevailing Wages. The Public Entity agrees to comply with all of the applicable
provisions contained in Minnesota Statutes Chapter 177, and specifically those provisions contained in
Minn. Stat.§. 177.41 through 177.435 as they may be amended or replaced from time to time with respect
to the Project. By agreeing to this provision, the Public Entity is not acknowledging or agreeing that the
cited provisions apply to the Project.
Section 5.23 Entire Agreement. The Agreement and all of the exhibits attached thereto embody the
entire agreement between the Public Entity and MnDOT, and there are no other agreements, either oral or
written, between the Public Entity and MnDOT on the subject matter hereof.
Section 5.24 E-Verification. The Public Entity agrees and acknowledges that it is aware of
Minn.Stat. § 16C.075 regarding e-verification of employment of all newly hired employees to confirm that
such employees are legally entitled to work in the United States, and that it will, if and when applicable,
fully comply with such order.
Section 5.25 Telecommunications Certification. If federal funds are included in Exhibit A, by
signing this agreement, Contractor certifies that, consistent with Section 889 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019, Pub. L. 115-232 (Aug. 13, 2018), and 2 CFR
200.216, Contractor will not use funding covered by this agreement to procure or obtain, or to extend,
renew, or enter into any contract to procure or obtain, any equipment, system, or service that uses "covered
telecommunications equipment or services" (as that term is defined in Section 889 of the Act) as a
substantial or essential component of any system or as critical technology as part of any system. Contractor
will include this certification as a flow down clause in any contract related to this agreement.
Section 5.26 Title VI/Non-discrimination Assurances. Public Entity agrees to comply with all
applicable US DOT Standard Title VI/Non-Discrimination Assurances contained in DOT Order No.
1050.2A, and in particular Appendices A and E, which can be found at: https://edocs-
public.dot.state.mn.us/edocs public/DMResultSet/download?docId=11149035. If federal funds are
included in Exhibit A, Public Entity will ensure the appendices and solicitation language within the
assurances are inserted into contracts as required. MnDOT may conduct a review of the Public Entity's
compliance with this provision. The Public Entity must cooperate with MnDOT throughout the review
process by supplying all requested information and documentation to MnDOT, making Public Entity staff
and officials available for meetings as requested, and correcting any areas of non-compliance as determined
by MnDOT.
Section 5.27 Electronic Records and Signatures. The parties agree to contract by electronic
means. This includes using electronic signatures and converting original documents to electronic records.
Section 5.28 Certification. By signing this Agreement, the Grantee certifies that it is not suspended
or debarred from receiving federal or state awards.
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*4.B.3.
Shakopee City Council
March 7, 2023
FROM: Micah Heckman, Assistant City Engineer
TO: Mayor and Council Members
Subject:
Approve Plans and Authorize Bidding for the 2023 Full Depth Pavement Reconstruction
and Bituminous Pavement Rehabilitation Projects
Policy/Action Requested:
Adopt Resolution R2023-030, approving plans and specifications and ordering
advertisement for bids for the 2023 Full Depth Pavement Reconstruction & Bituminous
Pavement Rehabilitation Projects CIF-23-001, CIF-23-011, CIF-23-012, and CIF-23-013.
Recommendation:
Adopt Resolution R2023-030 as requested.
Discussion:
The City's Capital Improvement Plan (CIP) contains the following CIP projects (see
attached CIP summary sheets):
• 2023 Full Depth Pavement Reconstruction Project CIF-23-001, which consists of full
depth pavement reclamation, constructing ADA compliant pedestrian curb ramps,
replacing broken concrete sidewalk, curb and gutter and driveway aprons and paving a
new bituminous pavement section on various streets throughout the city.
• Annual Pavement Rehabilitation Project CIF-23-011, which consists of joint and crack
repair, patching and a chip seal coat of the streets in the Westchester neighborhood and
4th Avenue from Naumkaeg Street to Marschall Road.
• Annual Bituminous Overlay Project CIF-23-012, which consists of joint and crack
repair, patching, milling, constructing ADA compliant pedestrian curb ramps and
paving a bituminous overlay of various streets throughout the city.
• Annual Trail Rehabilitation Project CIF-23-013, which consists of reclaiming and
reconstructing the bituminous trail surface, and constructing ADA compliant
pedestrian curb ramps for trails along Fuller Street from 10th Avenue to Vierling
Drive.
Page 81 of 178
These projects are a continuation of the City's Pavement Preservation Program to maintain
existing infrastructure. These projects are proposed to be combined for bidding and
construction due to the similar nature of the proposed improvements, to realize economies
of scale and to save staff time in coordination.
The size, scope and costs associated with the projects generally remain the same as
identified in the CIP plan. However, the Providence Pointe neighborhood rehabilitation
project was completed in 2022. In addition, the L-16lift station parking lot mill and overlay
and construction of trails or pedestrian ramps in several areas were added to the project to
capitalize on the economies of scale.
Project Procurement
Plans have been prepared for all of the combined projects and are ready to solicit public
bids to construct the improvements. Upon approval, the advertising and bidding will
commence with a scheduled bid opening of spring 2023. Bids would then be considered and
awarded with construction of the improvements scheduled for summer 2023.
Budget Impact:
Table 1 below provides the CIP budgets for each project. The estimated total cost for each
project is within its respective CIP budget. The overall CIP budget for all four projects is
$6,026,000.
Table 1. CIP Project Budgets
CIP Project No.
CIP Project Name
CIP Budget
Estimate
CIF-23-001
2023 Full Depth Pavement Reconstruction
$ 2,636,000*
CIF-23-011
Annual Pavement Rehabilitation
$ 200,000
CIF-23-012
Annual Bituminous Mill and Overlay
$ 3,000,000
CIF-22-013
Annual Trail Rehabilitation
$ 190,000
Total
$ 6,026,000
*Amended Feasibility Budget
ATTACHMENTS:
o Resolution R2023-030
o Project Plans Cover Sheet
▪ CIP Sheets
Page 82 of 178
RESOLUTION R2023-030
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA APPROVING PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS FOR THE 2023 FULL DEPTH PAVEMENT RECONSTRUCTION &
BITUMINOUS PAVEMENT REHABILITATION PROJECTS CIF-23-001, CIF-23-011, CIF-23-012, & CIF-23-013
WHEREAS, the City Engineer has prepared plans and specifications for improvements for the 2023
Full Depth Pavement Reconstruction & Bituminous Pavement Rehabilitation Projects, by installation of a
bituminous overlay, trail reclamation and paving of a new bituminous trail, street reclamation and paving of
a new bituminous street section and chip seal coat and any appurtenance work and has presented such
plans and specifications to the Council for approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,
MINNESOTA AS FOLLOWS:
1. Such plans and specifications, a copy of which is on file and of record in the Office of the City
Engineer, are hereby approved.
2. The City Clerk shall prepare and cause to be placed on the city's website and on
questcdn.com an advertisement for bids upon the making of such improvement under such approved plans
and specifications. The Advertisement for Bids shall be published as required by law.
Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 7th
day of March 2023.
Prepared by:
City of Shakopee
485 Gorman Street
Shakopee, MN 55379
Mayor of the City of Shakopee
ATTEST:
City Clerk
Page 83 of 178
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FULL -DEPTH PAVEMENT
Capital Improvement Plan
City of Shakopee, Minnesota
2023 thru 2027
Project # CIF-23-001
Project Name 2023 Full -Depth Pavement Reconstruction
Accounting Code
Fund Capital Irnprovement Fund
Description
Department Capital Improvements Fund
Contact Public Works Director
Type Improvement
Useful Life 25
Category Street Reconstruction
Priority 1 Critical for Safety/Preservati
Status Active
Total Project Cost: $2,650,000
This project is for the full depth reconstruction of the bituminous roadway for Atwood Street from 5th Ave to 6th Ave, Park Drive, a portion of
Dominion Ave, and the Maple Trail Estates neighborhood. Minor utility and needed curb and gutter repairs and improvements will be evaluated
and included with this project.
Justification
This is a continuation of the City's Pavement Preservation Program to maintain existing infrastructure. The City must reconstruct pedestrian ramp
facilities to comply with its ADA Transition plan adopted in 2018, increasing the cost of these projects compared to previous years' projects.
Pr for
75,000
Total
Prior
75,000
Total
Expenditures
2023 2024 2025 2026 2027 Total
Construction/Maintenance 2,500,000
Engineering/Administration 75,000
2,500,000
75,000
Funding Sources
Total 2,575,000 2,575,000
2023 2024 2025 2026 2027 Total
Capital Improvement Fund
Cost Sharing, SPUC
Sanitary Sewer Fund
Special Assessments
Storm Drainage Fund
1,545,000
5,000
5,000
750,000
270,000
1,545,000
5,000
5,000
750,000
270,000
Total 2,575,000
Budget Impact/Other
2,575,000
The bituminous pavements in the project area have significantly deteriorated and require more than usual maintenance and patching. Staff will
evaluate concrete curb and gutter, storm sewer and other infrastructure to keep project costs low. Required ADA improvements are generally
unfunded mandates to improve accessibility and to minimize liability.
48
Page 85 of 178
Capital Improvement Plan
City of Shakopee, Minnesota
2023 thru 2027
Project # CIF-23-001
Project Name 2023 Full -Depth Pavement Reconstruction
Department Capital Improvements Fund
Contact Public Works Director
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49
Page 86 of 178
Capital Improvement Plan
City of Shakopee, Minnesota
2023 thru 2027
Project# CIF-23-011
Project Name Annual Pavement Rehabilitation
Accounting Code Parking lot
Fund Building Asset IS Fund
Description
Department Capital Improvements Fund
Contact Public Works Director
Type Improvement
Useful Life 7
Category Street Paving
Priority 1 Critical for Safety/Preservati
Status Active
Total Project Cost: $1,005,000
The 2023 project is for the rehabilitation of the bituminous roadways for the Providence Pointe and Westchester neighborhoods and 4th Avenue
from Naumkeag to Marschall Road. The rehabilitation work includes crack sealing and repair, minor concrete repairs, partial and full depth spot
patching and pavement repair, utility repairs and a chip seal coat of the bituminous surface.
Justification
This is a continuation of the City's Pavement Preservation Program to maintain existing infrastructure.
Expenditures
2023 2024 2025 2026 2027 Total
Construction/Maintenance
Engineering/Administration
190,000 185,000 200,000 190,000 190,000 955,000
10,000 10,000 10,000 10,000 10,000 50,000
Total
Funding Sources
200,000 195,000 210,000 200,000 200,000 1,005,000
2023 2024 2025 2026 2027 Total
Capital Improvement Fund
200,000 195,000 210,000 200,000 200,000 1,005,000
Total
Budget Impact/Other
200,000 195,000 210,000 200,000 200,000 1,005,000
The rehabilitation of the pavements in the project area are necessary to preserve the existing pavement surface and delay the need for a bituminous
overlayment or reclamation.
58
Page 87 of 178
Capital Improvement Plan
City of Shakopee, Minnesota
2023 thru 2027
Project # CIF-23-011
Project Name Annual Pavement Rehabilitation
Department Capital Improvements Fund
Contact Public Works Director
2023 - OP Rehab PrOjetti,
59
Page 88 of 178
Capital Improvement Plan
City of Shakopee, Minnesota
2023 thru 2027
Project# CIF-23-012
Project Name Annual Bituminous Mill and Overlay
Accounting Code
Fund Capital Improvement Fund
Description
Department Capital Improvements Fund
Contact Public Works Director
Type Improvement
Useful Life 15
Category Street Paving
Priority 1 Critical for Safety/Preservati
Status Active
Total Project Cost: $12,275,000
The 2023 project includes the rehabilitation of the bituminous asphalt surface of the following streets: Riverside Drive, Grove Circle, Mcquire
Circle, Mcquire Court, Old Carriage Court, Stratford Circle, Southbridge Parkway, Valley View Road and the Countryside neighborhood. The
rehabilitation work includes milling the pavement surface, crack sealing, full depth spot repair and patching, spot curb and gutter repair, spot
sidewalk repair, upgrading sidewalk/trail pedestrian curb ramp facilities and a bituminous asphalt pavement overlay.
Justification
This is a continuation of the City's Pavement Preservation Program to maintain existing infrastructure. The City must reconstruct pedestrian ramp
facilities to comply with its ADA Transition plan adopted in 2018, increasing the cost of these projects compared to previous years' projects.
Expenditures
2023 2024 2025 2026 2027 Total
Construction/Maintenance
Engineering/Administration
2,850,000 3,150,000 2,950,000 2,650,000 11,600,000
150,000 200,000 175,000 150,000 675,000
Funding Sources
Total 3,000,000 3,350,000 3,125,000 2,800,000 12,275,000
2023 2024 2025 2026 2027 Total
Capital Improvement Fund
Cost Sharing, SPUC
Sanitary Sewer Fund
Storm Drainage Fund
2,915,000
30,000
40,000
15,000
3,240,000
35,000
55,000
20,000
3,025,000
30,000
50,000
20,000
2,730,000
20,000
35,000
15,000
11,910,000
115,000
180,000
70,000
Total 3,000,000 3,350,000 3,125,000 2,800,000 12,275,000
Budget Impact/Other
Bituminous rehabilitation projects are more cost effective than reconstructing pavements. Streets will be evaluated on a yearly basis and may be
moved up or moved back in the CIP. Required ADA improvements are generally unfunded mandates to improve accessibility and to minimize
liability.
60
Page 89 of 178
Capital Improvement Plan
City of Shakopee, Minnesota
2023 thru 2027
Project # CIF-23-012
Project Name Annual Bituminous Mill and Overlay
Department Capital Improvements Fund
Contact Public Works Director
2P2:3 2027: UV Chltrtav Proivos
wow sm
61
Page 90 of 178
Capital Improvement Plan
City of Shakopee, Minnesota
2023 thru 2027
Project# CIF-23-013
Project Name Annual Trail Rehabilitation (along roadways)
Accounting Code
Fund Capital Improvement Fund
Description
Department Capital Improvements Fund
Contact Public Works Director
Type Improvement
Useful Life 10
Category Trails
Priority 1 Critical for Safety/Preservati
Status Active
Total Project Cost: $817,500
This project includes the reconstruction of existing bituminous trails in the city, along street or county roads. The 2023 project includes Fuller
Street from loth Avenue to Vierling Drive. The 2024 project includes Vierling Drive from Marschall Road to Ruby Lane and Stonebrooke Drive.
Justification
The age and condition of the bituminous trail segments require rehabilitation. The City must reconstruct pedestrian ramp facilities to comply with
its ADA Transition plan adopted in 2018, increasing the cost of future overlay projects compared to previous years' projects.
Expenditures
2023 2024 2025 2026 2027 Total
Construction/Maintenance
Engineering/Administration
180,000 190,000 120,000 130,000 140,000 760,000
10,000 10,000 12,500 12,500 12,500 57,500
Total
Funding Sources
190,000 200,000 132,500 142,500 152,500 817,500
2023 2024 2025 2026 2027 Total
Capital Improvement Fund
190,000 200,000 132,500 142,500 152,500 817,500
Total 190,000 200,000 132,500 142,500 152,500 817,500
Budget Impact/Other
Required ADA improvements are generally unfunded mandates to improve accessibility and to minimize liability.
62
Page 91 of 178
Capital Improvement Plan
City of Shakopee, Minnesota
2023 thru 2027
Project # CIF-23-013
Project Name Annual Trail Rehabilitation (along roadways)
Department Capital Improvements Fund
Contact Public Works Director
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Reclamation repluts
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63
Page 92 of 178
*4.B.4.
Shakopee City Council
March 7, 2023
FROM: Kirby Templin, Water Resource/Environmental Engineer
TO: Mayor and Council Members
Subject:
Agreement with Board of Water and Soil Resources for Watershed Based Implementation
Funding.
Policy/Action Requested:
Adopt Resolution R2023-033 approving an agreement for funding a smart scale and brine
tank, and a water quality stormwater project at the parking lot near Lewis Street West and
2nd Avenue West.
Recommendation:
Adopt Resolution R2023-033.
Discussion:
The Board of Water and Soil Resources (BWSR) administers a grant program called
Watershed Based Implementation Funding (WBIF). This program distributes clean water
funds throughout the state for watershed districts and local partners to identify water quality
implementation projects. The City of Shakopee partnered with the Lower Minnesota River
Watershed District and the Scott Watershed Management Organization on two projects to
receive 2023 WBIF. One project is for a smart scale and brine tank which helps reduce
over -application of salt on roadways during winter maintenance activities. The second
project is for a water quality stormwater project to reduce sediment and phosphorus loading
to the Minnesota River which is located at the parking lot near Lewis Street West and 2nd
Avenue West. The parking lot is going to be reconstruct in 2024 (see attached CIP sheets).
Budget Impact:
The total WBIF grant is for $162,818 and requires a minimum ten percent (10%) match.
There is $40,750 in the grant agreement for the smart scale and brine tank project. The local
match is estimated at $4,800 and will be paid for from the Storm Drainage Fund.
There is $122,068 in the grant agreement for the water quality stormwater project which
Page 93 of 178
will be used to expand the project to provide additional water quality benefit. The local
match will be paid for from the Storm Drainage Fund.
ATTACHMENTS:
• Resolution R2023-033
o Grant Agreement
• CIP Sheet - Storm-24-003
• CIP Sheet - PA-23-21
Page 94 of 178
RESOLUTION R2023-033
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA APPROVING AN AGREEMENT FOR FUNDING A
SMART SCALE AND BRINE TANK, AND A WATER QUALITY STORMWATER PROJECT AT THE PARKING
LOT NEAR LEWIS STREET WEST AND 2ND AVENUE WEST
WHEREAS, the city desires to improve storm water quality; and
WHEREAS, the City partnered with the Lower Minnesota River Watershed District and the Scott
Watershed Management Organization on two projects to receive grant funding from the Board of Water
and Soil Resources (BWSR) through the Watershed Based Implementation Funding (WBIF); and
WHEREAS, the 2023 WBIF grant work plan has been approved by the Board of BWSR; and
WHEREAS, the work plan and grant agreement includes $40,750 for a smart scale and brine tank
project and $122,068 for a water quality stormwater project located at the parking lot near Lewis Street
West and 2nd Avenue West; and
WHEREAS, the City of Shakopee recognizes a 10% match requirement as part of the grant
agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,
MINNESOTA AS FOLLOWS: The City of Shakopee agrees to accept the grant award and enter into an
agreement with said entity for the above referenced projects. The City of Shakopee will comply with all
applicable laws, requirements and regulations as stated in the grant agreement.
Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 7th
day of March 2023.
Prepared by:
City of Shakopee
485 Gorman Street
Shakopee, MN 55379
Matt Lehman
Mayor of the City of Shakopee
ATTEST:
Lori Hensen
City Clerk
Page 95 of 178
BOARD OF WATER
AND SOIL RESOURCES
FY 2023 STATE OF MINNESOTA
BOARD OF WATER and SOIL RESOURCES
WATERSHED -BASED IMPLEMENTATION FUNDING
GRANT AGREEMENT
Vendor:
PO#:
0000197716
3000015799
This Grant Agreement is between the State of Minnesota, acting through its Board of Water and Soil Resources (Board)
and Shakopee, City of, 485 Gorman St Shakopee Minnesota 55379 (Grantee).
This agreement is for the following grant(s):
C23-3538 I 2023 WBIF Shakopee/Scott WMO - Smart Scale and Brine Tank Storage
2023 WBIF Shakopee/Scott WMO - Shakopee Stormwater BMP at Lewis Street
West/2nd Avenue West Parking Lot
C23 2571 2023 WBIF Shakopee/LMRWD - Shakopee Stormwater BMP at Lewis Street
West/2nd Avenue West Parking Lot
Total Grant Awarded: $162,818
C23-4875
$40,750
$45,000
$77,068
Recitals
1. The Laws of Minnesota 2019, 1st Special Session, Chapter 2, Article 2, Section 7(a), and the Laws of Minnesota, 2021, 1st
Special Session, Chapter 1, Article 2, Sec. 6(a) appropriated Clean Water Funds (CWF) to the Board for the FY 2022-2023
Watershed -based Implementation Funding Program.
2. The Board adopted the FY 2022-2023 Clean Water Fund Watershed -based Implementation Funding Program Policy and
authorized the allocation of funds for the FY 2022-2023 Watershed -based Implementation Funding Program. through
Board Order #21-51.
3. The Grantee has submitted a Board -approved work plan for this Program which is incorporated into this Grant Agreement
by reference.
4. The Grantee represents that it is duly qualified and agrees to perform all services described in this Grant Agreement to the
satisfaction of the Board.
5. As a condition of the grant, Grantee agrees to minimize administration costs.
Authorized Representative
The State's Authorized Representative is James Adkinson, Grants Coordinator, BWSR, 520 Lafayette Road North, Saint Paul, MN
55155, 651-539-2588, or his successor, and has the responsibility to monitor the Grantee's performance and the authority to accept
the services and performance provided under this Grant Agreement.
The Grantee's Authorized Representative is: KIRBY TEMPLIN
485 GORMAN STREET
SHAKOPEE, MN 55379
952-233-9372
If the Grantee's Authorized Representative changes at any time during this Grant Agreement, the Grantee must immediately notify
the Board.
Grant Agreement
1. Terms of the Grant Agreement.
1.1. Effective date: The date the Board obtains all required signatures under Minn. Stat. § 16B.98, Subd. 5. The Board will
notify the Grantee when this Grant Agreement has been executed. The Grantee must not begin work under this Grant
Agreement until it is executed.
Page 1 of 5
Page 96 of 178
1.2. Expiration date: December 31, 2025, or until all obligations have been satisfactorily fulfilled, whichever comes first.
1.3. Survival of Terms: The following clauses survive the expiration date or cancellation of this Grant Agreement: 7. Liability;
8. State Audits; 9. Government Data Practices; 11. Publicity and Endorsement; 12. Governing Law, Jurisdiction, and Venue;
14. Data Disclosure; and 19. Intellectual Property Rights.
2. Grantee's Duties.
The Grantee will comply with required grants management policies and procedures set forth through Minn. Stat. § 16B.97,
Subd. 4(a)(1). The Grantee is responsible for the specific duties for the Program as follows:
2.1. Implementation: The Grantee will implement their work plan, which is incorporated into this Grant Agreement by
reference and abide by the FY2022-23 Watershed -based Implementation Funding policy.
2.2. Reporting: All data and information provided in a Grantee's report shall be considered public.
2.2.1. The Grantee will submit an annual progress report to the Board by February 1 of each year on the status of Program
implementation by the Grantee. Information provided must conform to the requirements and formats set by the
Board. All individual grants over $500,000 will also require a reporting expenditure by June 30 of each year.
2.2.2. The Grantee will prominently display on its website the Clean Water Legacy Logo and a link to the Legislative
Coordinating Commission website.
2.2.3. Final Progress Report: The Grantee will submit a final progress report to the Board by February 1, 2026 or within
30 days of completion of the project, whichever occurs sooner. Information provided must conform to the
requirements and formats set by the Board.
2.3. Match: The Grantee will ensure any local match requirement will be provided as stated in Grantee's approved work plan.
3. Time.
The Grantee must comply with all the time requirements described in this Grant Agreement. In the performance of this Grant
Agreement, time is of the essence.
4. Terms of Payment.
4.1. Funds will be distributed in three installments per grant: 1) The first payment of 50% will be distributed after the execution
of the Grant Agreement. 2) The second payment of 40% will be distributed after the first payment of 50% has been
expended and reporting requirements have been met. An eLINK Interim Financial Report that summarizes expenditures of
the first 50% must be signed by the Grantee and approved by the Board. Selected grantees may be required at this point to
submit documentation of the expenditures reported on the Interim Financial Report for verification. 3) The third payment
of 10% will be distributed after the grant has been fully expended and reporting requirements are met. The final, 10%
payment must be requested within 30 days of the expiration date of the Grant Agreement. An eLINK Final Financial Report
that summarizes final expenditures for the grant must be signed by the Grantee and approved by the Board.
4.2. All costs must be incurred within the grant period.
4.3. All incurred costs must be paid before the amount of unspent funds is determined. Unspent grant funds must be returned
within 30 days of the expiration date of the Grant Agreement.
4.4. The obligation of the State under this Grant Agreement will not exceed the amount listed above.
4.5. This Grant Agreement includes an advance payment of 50 % of each grant's total amount per grant. Advance payments
allow the grantee to have adequate operating capital for start-up costs, ensure their financial commitment to landowners
and contractors, and to better schedule work into the future.
5. Conditions of Payment.
5.1. All services provided by the Grantee under this Grant Agreement must be performed to the Board's satisfaction, as set
forth in this Grant Agreement and in the Board -approved work plan for this Program. Compliance will be determined at
the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, State, and local
laws, policies, ordinances, rules, FY 2022-2023 Clean Water Fund Watershed -based Implementation Funding Program
Policy, and regulations. The Grantee will not receive payment for work found by the Board to be unsatisfactory or
performed in violation of federal, State, or local law.
5.2. Minnesota Statutes § 103C.401 establishes the Board's obligation to assure Program compliance. If the noncompliance is
severe, or if work under the Grant Agreement is found by the Board to be unsatisfactory or performed in violation of
federal, State, or local law, the Board has the authority to require the repayment of grant funds or withhold payment on
grants from other programs.
Page 2 of 5
Page 97 of 178
6. Assignment, Amendments, and Waiver
6.1. Assignment. The Grantee may neither assign nor transfer any rights or obligations under this Grant Agreement without the
prior consent of the Board and a fully executed Assignment Agreement, executed and approved by the same parties who
executed and approved this Grant Agreement, or their successors in office.
6.2. Amendments. Any amendments to this Grant Agreement must be in writing and will not be effective until it has been
approved and executed by the same parties who approved and executed the original Grant Agreement, or their successors
in office. Amendments must be executed prior to the expiration of the original Grant Agreement or any amendments
thereto.
6.3. Waiver. lithe Board fails to enforce any provision of this Grant Agreement, that failure does not waive the provision or its
right to enforce it.
7. Liability.
The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action,
including attorney's fees incurred by the State, arising from the performance of this Grant Agreement by the Grantee or the
Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's
failure to fulfill its obligations under this Grant Agreement.
8. State Audits.
Under Minn. Stat. § 16B.98, Subd. 8, the Grantee's books, records, documents, and accounting procedures and practices of the
Grantee or other party relevant to this Grant Agreement or transaction are subject to examination by the Board and/or the
State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Grant Agreement, receipt
and approval of all final reports, or the required period of time to satisfy all State and program retention requirements,
whichever is later.
8.1. The books, records, documents, accounting procedures and practices of the Grantee and its designated local units of
government and contractors relevant to this grant, may be examined at any time by the Board or Board's designee and are
subject to verification. The Grantee or delegated local unit of government will maintain records relating to the receipt and
expenditure of grant funds.
9. Government Data Practices.
The Grantee and the Board must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to
all data provided by the Board under this Grant Agreement, and as it applies to all data created, collected, received, stored,
used, maintained, or disseminated by the Grantee under this Grant Agreement. The civil remedies of Minn. Stat. § 13.08 apply
to the release of the data referred to in this clause by either the Grantee or the State.
10. Workers' Compensation.
The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, Subd. 2, pertaining to workers' compensation insurance
coverage. The Grantee's employees and agents will not be considered State employees. 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 the State's obligation or responsibility.
11. Publicity and Endorsement.
11.1. Publicity. Any publicity regarding the subject matter of this Grant Agreement must identify the Board as the sponsoring
agency. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research,
reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any
subcontractors, with respect to the program, publications, or services provided resulting from this Grant Agreement.
11.2. Endorsement. The Grantee must not claim that the State endorses its products or services
12. Governing Law, Jurisdiction, and Venue.
Minnesota law, without regard to its choice -of -law provisions, governs this Grant Agreement. Venue for all legal proceedings
out of this Grant Agreement, or its breach, must be in the appropriate State or federal court with competent jurisdiction in
Ramsey County, Minnesota.
13. Termination.
13.1.The Board may cancel this Grant Agreement at any time, with or without cause, upon 30 days' written notice to the
Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services
satisfactorily performed.
Page 3 of 5
Page 98 of 178
13.2. In the event of a lawsuit, an appropriation from a Clean Water Fund is canceled to the extent that a court determines that
the appropriation unconstitutionally substitutes for a traditional source of funding.
13.3.The Board may immediately terminate this Grant Agreement if the Board finds that there has been a failure to comply with
the provisions of this Grant Agreement, that reasonable progress has not been made or that the purposes for which the
funds were granted have not been or will not be fulfilled. The Board may take action to protect the interests of the State of
Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already
disbursed.
14. Data Disclosure.
Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number,
federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, 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 Grantee to file State tax
returns and pay delinquent State tax liabilities, if any.
15. Prevailing Wage.
It is the responsibility of the Grantee or contractor to pay prevailing wage for projects that include construction work of $25,000
or more, prevailing wage rules apply per Minn. Stat. §§ 177.41 through 177.44. All laborers and mechanics employed by grant
recipients and subcontractors funded in whole or in part with these State funds shall be paid wages at a rate not less than those
prevailing on projects of a character similar in the locality. Bid requests must state the project is subject to prevailing wage.
16. Municipal Contracting Law.
Per Minn. Stat. § 471.345, grantees that are municipalities as defined in Subd. 1 of this statute must follow the Uniform
Municipal Contracting Law. Supporting documentation of the bidding process utilized to contract services must be included in
the Grantee's financial records, including support documentation justifying a single/sole source bid, if applicable.
17. Constitutional Compliance.
It is the responsibility of the Grantee to comply with requirements of the Minnesota Constitution regarding the use of Clean
Water Funds to supplement traditional sources of funding.
18. Signage.
It is the responsibility of the Grantee to comply with requirements for project signage as provided in Minnesota Laws 2010,
Chapter 361, Article 3, Section 5(b) for Clean Water Fund projects.
19. Intellectual Property Rights.
The State owns all rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets,
trademarks, and service marks in the Works and Documents created and paid for under this grant. Works means all inventions,
improvements, discoveries, (whether or not patentable), databases, computer programs, reports, notes, studies, photographs,
negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by
the Grantee, its employees, agents, and subcontractors, either individually or jointly with others in the performance of this
grant. Work includes "Documents." Documents are the originals of any databases, computer programs, reports, notes, studies,
photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or
electronic forms, prepared by the Grantee, its employees, agents or subcontractors, in the performance of this grant. The
Documents will be the exclusive property of the State and all such Documents must be immediately returned to the State by the
Grantee upon completion or cancellation of this grant at the State's request. To the extent possible, those Works eligible for
copyright protection under the United State Copyright Act will be deemed to be "works made for hire." The Grantee assigns all
right, title, and interest it may have in the Works and the Documents to the State. The Grantee must, at the request of the State,
execute all papers and perform all other acts necessary to transfer or record the State's ownership interest in the Works and
Documents.
Page 4 of 5
Page 99 of 178
IN WITNESS WHEREOF, the parties have caused this Grant Agreement to be duly executed intending to be bound thereby.
Approved:
Shakopee, City of Board of Water and Soil Resources
By: By:
(print)
(signature)
Title: Title:
Date: Date:
Page 100 of 178
Page 5 of 5
Capital Improvement Plan
City of Shakopee, Minnesota
2023 thru 2027
Project # Storm-24-003
Project Name NW Shakopee Storm Water BMP Retrofit
Accounting Code 5873/6873
Fund Surface Water Fund
Description
Department Storm Drainage Fund
Contact Public Works Director
Type Improvement
Useful Life 30
Category Storm Sewer/Drainage
Priority 3 Less Important/Future Consi
Status Active
Total Project Cost: S750,000
Stormwater project coordinated with the parking lot rehabilitation near Lewis Street West/2nd Avenue West near Pablos restaurant. The project
focuses on providing water quality treatment to untreated stormwater runoff that is routed directly to the Minnesota River.
Justification
This project will provide water quality benefits by reducing sediment and phosphorus to help meet water quality goals and NPDES MS4
requirements. A feasibility study was completed by Barr Engineering which identified a project at this location.
Expenditures
2023 2024 2025 2026 2027 Total
Construction/Maintenance
Engineering/Administration
650,000 650,000
100,000 100,000
Total
Funding Sources
750,000 750,000
2023 2024 2025 2026 2027 Total
Storm Drainage Fund
750,000 750,000
Total
Budget Impact/Other
750,000 750,000
251
Page 101 of 178
Capital Improvement Plan
City of Shakopee, Minnesota
2023 thru 2027
Project #€ Storm-24-003
Project Name NW Shakopee Storm Water BMP Retrofit
1111111111111111111111111111111111
PROJECT
LOCATION
Department Stonn Drainage Fund
Contact Public Works Director
t,..11110,
252
Page 102 of 178
Capital Improvement Plan
City of Shakopee, Minnesota
2023 thru 2027
Project # PA-23-21
Project Name Annual Parking Lot Rehabilitation
Accounting Code
Fund Park Asset IS Fund
Description
Department Park Asset lnternal Serv. Fund
Contact Public Works Director
Typ e Improvement
Useful Life 25
Category Public Works
Priority 2 Important -Provide Efficienci
Status Active
Total Project Cost: $653,000
Project includes the rehabilitation of the bituminous asphalt surfaces. The rehabilitation work includes removal of the pavement surface, full depth
spot repair and patching, spot curb and gutter repair, upgrade of sidewalk/trail/pedestrian curb ramp, and a bituminous pavement reconstruction.
2023 - Downtown Holmes/ 1 st Ave parking lot (by the Pullman Club)
2024 - Downtown Lewis Street West (by Pablos)
2025 - Levee Drive Parking lot (west Huber Park)
2026 - Downtown Fuller/2nd Ave parking lot
Justification
This is a continuation of the city's pavement preservation program to maintain existing infrastructure. The city must also reconstruct pedestrian
ramp facilities with ADA transition plan adopted in 2018 increasing the cost of this project compared to previous project.
Expenditures
2023 2024 2025 2026 2027 Total
Improvements
Engineering/Administration
56,000 269,000 69,500 114,000 100,000 608,500
5,000 24,000 6,500 9,000 44,500
Total
Funding Sources
61,000 293,000 76,000 123,000 100,000 653,000
2023 2024 2025 2026 2027 Total
Park Asset Internal Service
Fund
61,000 293,000 76,000 123,000 100,000 653,000
Total 61,000 293,000 76,000 123,000 100,000 653,000
Budget Impact/Other
The bituminous pavements in the project area have significantly deteriorated. Patching or overlayment are no longer effective options to extend the
life of the asphalt surface. These pavement areas require more than usual maintenance. Update the lighting, repair curbing, and required ADA
improvements are generally unfunded mandates to improve accessibility and minimize liability.
146
Page 103 of 178
*4.B.5.
Shakopee City Council
March 7, 2023
FROM: Keith Raines, Public Works Supervisor
TO: Mayor and Council Members
Subject:
Tahpah Park (softball) Bathroom Improvement CIP PA-23-03
Policy/Action Requested:
Accept bids from Twin City Hardware in the amount of $40,309.68 and from Associated
Mechanical in the amount $22,455.00.
Recommendation:
Accept bids
Discussion:
Tahpah Park restrooms were last renovated in 1993 and are in need of some
improvements.The doors, fixtures, sinks, lighting, floor and wall coverings, and ADA
regulations are all being upgraded. Public Works Maintenance staff will be in charge of the
demo work as well as the painting of the doors, inside walls, and ceilings.Tahpah Park
restrooms are expected to be refurbished as part of the Park Asset Fund's in the CIP.
In accordance with Minnesota statue Section 471.345 Uniform Municipal Contracting Law,
quotes were solicited and were received as follows:
Partitions, doors and accessories;
• Twin City Hardware $40,309.68
• Wheeler Hardware Co. $45,850.00
Twin City Hardware, from New Hope, MN is the low bidder in the amount of $40,309.68
Plumbing, sinks, and toilets;
• Associated Mechanical $22,455.00
• Affinity Plumbing $28,953.00
Page 104 of 178
Associated Mechanical, Shakopee, MN is the low bidder in the amount of $22,455.00
Twin City Hardware and Associated Mechanical have the experience for the project and
are deemed responsible bidders. They are prepared to work immediately.
Budget Impact:
Park Asset Internal Service Fund $116,000
ATTACHMENTS:
• Tahpah Park Rehabilitation PA-23-03
o Wheeler Hardware Co.
o Twin City Hardware
• Associated Mechanical
o Affinity Plumbing
Page 105 of 178
Capital Improvement Plan
City of Shakopee, Minnesota
2023 thru 2027
Project # PA-23-03
Project Name Tahpah Bathroom Rehabilitation
Accounting Code
Fund Park Asset IS Fund
Description
Department Park Asset lnternal Serv. Fund
Contact Public Works Director
Type
Useful Life
Category
Priority
Status
Total Project Cost:
Tahpah/Joe Schleper Stadium
30
Park Improvements
2 Important -Provide Efficienci
Active
$116,000
Tahpah Park (softball) bathroom improvement. Replace doors, fixtures, sinks, lights, floor and wall coatings, and ADA requirements.
Justification
Bathroom facility has reached its expected life and is in need of maintenance for safety and accessibility.
Expenditures 2023
2024
2025
2026
2027
Total
Construction/Maintenance 116,000
116,000
Total
116,000
116,000
Funding Sources 2023
2024
2025
2026
2027
Total
Park Asset Internal Service 116,000
Fund
116,000
Total
Budget Impact/Other
116,000
116,000
°,
mom
11
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144
Page 106 of 178
To:
Attention:
PROPOSAL
2645 FAIRVIEW AVENUE NORTH
ROSEVILLE, MN. 55113
TELEPHONE: 6 51-64 5-4501
FAX: 651-645-9943
E-MAIL : whc@wheelerhardware.com
Dedicated To Flexible, Customized Service!
City of Shakopee
Tyler Menden
Project: Tahpah Park Bathroom
Location: 1490 Adams St South
Shakopee, MN 55379
Price Details
February 9, 2023
HOLLOW METAL
4 ea HOLLOW METAL FRAMES
4 ea HOLLOW METAL DOORS
SECTION 10 - BATHROOM PARTITIONS
1 ea MEN 3 STALL
1 ea WOMEN 7 STALL
FINISH HARDWARE
1 lot FINISH HARDWARE
1 lot SPECIALTY HARDWARE
LABOR
1 lot INSTALLATION
Project Sub Total Material
7.3750% Tax
Project Sub Total Labor
Base Bid Forty Five Thousand Eight Hundred Fifty Dollars and No Cents
$23,534.34
$1,735.66
$20,580.00
$45,850.00
Voluntary Alternates
V.ALT 1 Add for Anti Graffiti Partitions $280.00
-----------------------------------------------------------------------------------
V.ALT 2 Add for Hard Plastic Partitions $6,400.00
Notes:
* All material figured as freight on board
* All hardware figured as Satin Chrome
* Partitions figured with 58" High Panais, Headrail Braced, Light Gray Powder Coated (Base Bid)
* Bid does not include demo of existing walls or partitions.
* Rough -ins, boxes, wire and conduit where needed is by others.
* Due to existing conditions, floors, walls and coverings may sustain damage. All repair where needed is by others
* Above quote is based on drawings provided by customer dated 02/03/2023.
* Above quote is supplied with the manufactures warranty on material.
* All material subject to factory lead times
Salesperson - Alex Koenig
SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: alex.koenic2(ii 4ieelerhardware.coni
...................................
a. This quotation is for the furnishing of materials only. No labor for installation or erection of materials to be provided unless specifically stated.
b. This proposal is made for immediate acceptance in writing and delivered and is void thirty (30) days after date of this quotation unless extended in writing.
c. No tax included unless specifically stated.
d. We shall make all reasonable efforts to make delivery to conform to job requirements. Due to material shortages, strikes, and other causes beyond our control, we will not enter into a contract involving
liquidated damages for failure to deliver by a specific date, or in any way share responsibility for liquidated damages suffered if this is written into your contract with the owner.
e. Terms of payment.
1. We will post-date invoices covering contract shipments made on the last 3 days of month to the first day of the following month.
2. As a material only supplier, retainage will not be held.
3. There is a 3% service charge on Credit Cards if not paid within 30 days.
f. Service charge of 1% per month (minimum service charge $1.00 per invoice) will be applied to each invoice unpaid in accordance with terms listed in paragraph "e" above. We reserve the right to
suspend additional deliveries if 90% payment is not received 60 days after date of invoice
g. All claims for damages against carriers must be made by consignee.
h. No claims for back charges will be allowed unless prior approval obtained from us in writing.
A COPY OF THIS BID FORM SHALL BE ATTACHED AND MADE A BINDING PART OF ANY CONTRACT OR PURCHASE ORDER RECEIVED.
ACCEPTED
Respectfully submitted,
WHEELER HARDWARE CO.
BY DATE BY A KoeviL-
Page 107 of 178
Order T[H New Hope
Initiated 5650|ntematinna| Pkwy
From: New Hope, k4N55428
(753)535-4660
Sell OJ104718 Ship City [fShakopee
To: City OfShakopee To TYLEKK4ENDEN
48SGorman Street 4UOGorman Street
SHAKDPEE'K4N5B79 IHAKOPEE'MIN B379
USA USA
WEARE INSTALLING 3STALLS AND THE RESTROOMACCESSORIES
ALSO 2COMPLETE TEAR OUTS OFTHE RESTnODw
ENTRY DOORS & FRAMES.
Item No. Description
Page 1
SALES QUOTE
Quote No. SQ1049549
Quote Date: 2/3/2023
3/5/2023
Payment Terms: NET]U
Salesperson: Jay Nelson
SbpPhoms (763) 762-4868
8spEmai|: jne|son@tchcozom
Ship Method:
Ship Via: TCHDelivery Truck 'MN
Type: GROUND
Quantity
Unit Price Total Price
wS430 SOLID PLASTIC GRAY PARTITIONS 3STALLS Each 1 4,989,39 4,98939
DROP SHIP DELIVERY |SINCLUDED
302405 FR,STF,534,3068,Rx,A5x�F,166'180M'[P-[R- Each l 28*.35 28*36
SsF-WELD-EMA
302400 FR.STF.534'3068.|H.xSA,*F,16G.180m-[p-[n- Each 1 257.49 25749
VvELD'EmA
303660 QO0R,STEEL.FSL,3068.N*'pS'61L, Each 2 279.65 559.30
18G.[R,FC,180M.Gv
206598 885Hvv'NRP*5^-US32D Each 8 31.62 189.69
H|NGE'MORT8B.HvV.NRP,4.5^
*58220 Sl08'aFP'12/24VD[-FSE-6V9ELECTRIC STRIKE Each l 200s3 206.53
405494 ND70PD'RHO-620-[l23 Each 2 455,58 877]1
LO[K,[vL,[LASS.LEV,6R1
°° CHANGE TO[KEYWAY
^°
299170 4040xp'nw/PA-TBSRT-ALV Each 1 42083 *20.83
[LOSsR,ncG'w\6R1
387100 377['36^5VVEEP,v|mvL.]6^ Each z 16.15 3229
387165 S425A'36''THRE5HOLo.3ADoLs.36^ Each z 27.93 55.86
332205 82888x-TRxRLTTISSucHLD Each a 80D6 240.17
23*904 T'1024'38-5SM|RROR,SS'24x36 Each a 117.35 234.09
332135 B2111SOAP D|SPWALL MOUNT VERTICAL Each z 47.*9 9*97
280015 xo2nn-01-GREY BABY TABLE HORIZONTAL Each 1 31011 310,11
146060 o'7812-05-BGRAn Each 3 35,13 105.39
BAR, 18^'O]N[ExL.wVS[nswS
448176 o'7816-05-SSGm^o Each 1 54.17 54.17
axn.36^.[ON[EAL,W/5CREWg
Page 108 of 178
Order TCH - New Hope
Initiated 5650 International Pkwy
From: New Hope, MN 55428
(763) 535-4660
Sell CU104718 Ship City Of Shakopee
To: City Of Shakopee To: TYLER MENDEN
485 Gorman Street 400 Gorman Street
SHAKOPEE, MN 55379 SHAKOPEE, MN 55379
USA USA
Page: 2
SALES QUOTE
Quote No. SQ1049549
Quote Date: 2/3/2023
3/5/2023
Payment Terms: NET 30
Salesperson: Jay Nelson
Slsp Phone: (763) 762-4868
Slsp Email: jnelson@tchco.com
Ship Method:
Ship Via: TCH Delivery Truck - MN
Type: GROUND
446204 D-7815-05-SS GRAB Each 3
BAR,42",CONCEAL,W/SCREWS
281000 SERVICE LABOR-TCH SERV Each 1
281060 DOOR DISPOSAL FEE Each 2
Warranty at www.tchco.com/warranty
60.07 180.21
3,466.67
30.00
3,466.67
60.00
Subtotal: 12,613.23
Estimated Sales Tax: 0.00
Total: 12,613.23
Page 109 of 178
H
(800) 747-1980
www.tchco.com
Order TCH - New Hope
Initiated 5650 International Pkwy
From: New Hope, MN 55428
(763) 535-4660
Sell CU104718 Ship City Of Shakopee
To: City Of Shakopee To: TYLER MENDEN
485 Gorman Street 400 Gorman Street
SHAKOPEE, MN 55379 SHAKOPEE, MN 55379
USA USA
Page: 1
SALES QUOTE
Quote No. SQ1049555
Quote Date: 2/3/2023
Expiration Date: 3/5/2023
Payment Terms: NET 30
Salesperson: Jay Nelson
Slsp Phone: (763) 762-4868
Slsp Email: jnelson@tchco.com
Cust PO No: TAHPAH PARK MENS
Ship Method:
Ship Via: TCH Delivery Truck - MN
Type: GROUND
Item No. Description Unit Quantity Unit Price Total Price
299345 4642-REG-TBWMS-120VAC/DC-ALU Each 1 3,956.05 3,956.05
CLOSER,AUTO,EQ,GR1
471515 6R-3-WR ACTUATOR,HC,WEATHER,RES,SS,6" Each 2 84.38 168.75
471568 RECEIVER 2-CHANNEL 12/24V 300/ 310 Each 1 76.56 76.56
471565 SWTRAN-300M TRANSMITTER FREQ 300 Each 2 59.38 118.75
281000 SERVICE LABOR-TCH SERV Each 1 866.67 866.67
Warranty at www.tchco.com/warranty
Subtotal:
Estimated Sales Tax:
5,186.78
0.00
Total: 5,186.78
Page 110 of 178
Order TCH - New Hope
Initiated 5650 International Pkwy
From: New Hope, MN 55428
(763) 535-4660
Sell CU104718 Ship City Of Shakopee
To: City Of Shakopee To: TY! ER MENDEN
485 Gorman Street 400 Gorman Street
SHAKOPEE, MN 55379 SHAKOPEE, MN 55379
USA USA
WE ARE INSTALLING 7 SOLID PLASTIC STALLS AND THE
RESTROOM ACCESSORIES. ALSO DOING 2 COMPLETE TEAR OUTS
AND INSTALL FOR THE RESTROOM DOORS & FRAMES
Item No. Description
Unit
Page: 1
SALES QUOTE
Quote No. SQ1050361
Quote Date: 2/16/2023
3/5/2023
Payment Terms: NET 30
Salesperson: Jay Nelson
Slsp Phone: (763) 762-4868
Slsp Email: jnelson@tchco.com
Ship Method:
Ship Via: TCH Delivery Truck - MN
Type: GROUND
Quantity
Unit Price Total Price
NS430 SOLID PLASTIC GRAY PARTITIONS 7 STALLS Each 1 8,260.26 8,260.26
DROP SHIP DELIVERY IS INCLUDED
302405 FR,ST,F,534,3068,RH,ASA,4F,16G,180M-CP-CR- Each 1 284.36 284.36
SEF-WELD -EMA
302400 FR,ST,F,534,3068,LH,ASA,4F,16G,180M-CP-CR- Each 1 257.49 257.49
WELD-EMA
303660 DOOR,STEEL,FSL,3068,NH,PS,61L, Each 2 279.65 559.30
18G,CR,FC,180M,GV
206598 BB5HW-NRP-4.5"-US32D Each 6 31.62 189.69
HINGE,MORT,BB,HW,NRP,4.5"
458220 5100-3FP-12/24VDC-FSE-689 ELECTRIC STRIKE Each 1 206.53 206.53
405494 ND7OPD-RHO-626-C123 Each 2 435.56 871.11
LOCK,CYL,CLASS,LEV,GR1
** CHANGE TO C KEYWAY **
299170 4040XP-Rw/PA-TBSRT-ALU Each 1 420.83 420.83
CLOSER,REG,PA,GR1
387100 377C-36" SWEEP,VINYL,36" Each 2 16.15 32.29
387465 S425A-36" THRESHOLD,SADDLE,36" Each 2 27.93 55.86
332205 B2888 X-TRA RL T.TISSUE HLD Each 7 80.06 560.40
332210 B270 SURF MT NAPKIN DISP Each 7 41.13 287.90
234904 T-1024-36-SS MIRROR,SS,24x36 Each 2 117.35 234.69
332135 B2111 SOAP DISP WALL MOUNT VERTICAL Each 2 47.49 94.97
280015 KB200-01-GREY BABY TABLE HORIZONTAL Each 1 310.11 310.11
446060 D-7812-05-SS GRAB Each 3 35.13 105.39
BAR,18",CONCEAL,W/SCREWS
Page 111 of 178
Order TCH - New Hope
Initiated 5650 International Pkwy
From: New Hope, MN 55428
(763) 535-4660
Sell CU104718 Ship City Of Shakopee
To: City Of Shakopee To: TYLER MENDEN
485 Gorman Street 400 Gorman Street
SHAKOPEE, MN 55379 SHAKOPEE, MN 55379
USA USA
Page: 2
SALES QUOTE
Quote No. SQ1050361
Quote Date: 2/16/2023
3/5/2023
Payment Terms: NET 30
Salesperson: Jay Nelson
Slsp Phone: (763) 762-4868
Slsp Email: jnelson@tchco.com
Ship Method:
Ship Via: TCH Delivery Truck - MN
Type: GROUND
446175 D-7816-05-SS GRAB Each 1
BAR,36",CONCEAL,W/SCREWS
446204 D-7815-05-SS GRAB Each 3
BAR,42",CONCEAL,W/SCREWS
281000 SERVICE LABOR-TCH SERV Each 1
281060 DOOR DISPOSAL FEE Each 2
Warranty at www.tchco.com/warranty
54.17
60.07
4,333.33
30.00
54.17
180.21
4,333.33
60.00
Subtotal: 17,358.89
Estimated Sales Tax: 0.00
Total: 17,358.89
Page 112 of 178
(800) 747-1980
www.tchco.com
Sell CU104718
To: City Of Shakopee
485 Gorman Street
SHAKOPEE, MN 55379
USA
Item No.
Description
Order TCH - New Hope
Initiated 5650 International Pkwy
From: New Hope, MN 55428
(763) 535-4660
Ship City Of Shakopee
To: TYLER MENDEN
400 Gorman Street
SHAKOPEE, MN 55379
USA
Unit
Page: 1
SALES QUOTE
Quote No. SQ1050363
Quote Date: 2/16/2023
Expiration Date: 3/5/2023
Payment Terms: NET 30
Salesperson: Jay Nelson
Slsp Phone: (763) 762-4868
Slsp Email: jnelson@tchco.com
Cust PO No: TAHPAH PARK WOMENS
Ship Method:
Ship Via: TCH Delivery Truck - MN
Type: GROUND
Quantity
Unit Price
Total Price
299345 4642-REG-TBWMS-120VAC/DC-ALU
CLOSER,AUTO,EQ,GR1
471515 6R-3-WR ACTUATOR,HC,WEATHER,RES,SS,6"
471568 RECEIVER 2-CHANNEL 12/24V 300/ 310
471565 SWTRAN-300M TRANSMITTER FREQ 300
281000 SERVICE LABOR-TCH SERV
Each
Each
Each
Each
Each
Overall total
Men's':aithlroorn $12,613.23
Men's. ADA operator $5,168.78
Women's Bathroom $17,358.89
Women's ADA operator $5,16.8.78
$, 309. 68
Warranty at www.tchco.com/warranty
1
2
1
2
1
3,956.05
84.38
76.56
59.38
866.67
Subtotal:
Estimated Sales Tax:
Total:
3,956.05
168.75
76.56
118.75
866.67
5,186.78
0.00
5,186.78
Page 113 of 178
ASSOCIATED
MECHANIC
C A L A 1=
PROPOSAL
Date: 2/10/2023
City of Shakopee
1255 Fuller St S
Shakopee, MN 55379
Attn: Tyler Menden
Associated Mechanical proposes to supply all labor and material for the following:
Tahpah Park
• Remove the existing fixtures in the Men's and Women's bathrooms. Dispose of
them.
• Provide and install:
o (10) Toilets with seats
o (5) Urinals
o (15) New flush valves
o (4) Sinks
o (4) Faucets
• Provide and install new above grade PVC drain piping for the urinals.
• Cap any unused piping.
• Permits and inspection included.
Total Investment: $22,455.00
Exclusions:
1. Cutting, painting, and patching.
2. Overtime.
Please let me know if you have any questions.
Thank you!
This proposal void if not accepted within thirty days from above date. All material purchased and
all labor performed during any one calendar month is due and payable on the 10th of the
succeeding month. The parties to this contract agree that if said contract is not completed by
n/a any cost increase of materials and labor, subsequent to above mentioned date, shall
be added to the original contract price.
Accepted by Dated Proposal by Lee Kraemer
1257 Marschall Rd, P.O. Box 237
Shakopee, Minnesota 55379
952.445.5100 i 952.445.51 19
associatedmechanical.com
Page 114 of 178
011-UPv Uhiy
lRITER
oryStE)T1i MINI cT�
;9512--9
Affinity Plumbing
City of shakopee
City of Shakopee
485 Gorman St
Shakopee, MN 55379
(iiiurJ accoUnt paylk 11 , "slime lriru, l v
ESTIMATE
ESTIMATE #369
TOTAL $28,953.00
C;011\11 11 AC; II US
936 1st Ave East
Shakopee, MN 55379
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Service or Repair
Replace all drainage sections of pipe that are exposed (above concrete)
Subtotal
Tax (Mn 3%)
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Services subtotal: $28,953.00
$28,953.00
$0.00
Total $28,953.00
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Page 116 of 178
2 of 2
*4.B.6.
Shakopee City Council
March 7, 2023
FROM: Keith Raines, Supervisor - Park Maintenance
TO: Mayor and Council Members
Subject:
Park Restroom Cleaning Contract
Policy/Action Requested:
Approve contract with Treasure Enterprises, Inc., in the amount of $41,919.42 for annual
park restroom cleaning services.
Recommendation:
Authorize execution of the contract.
Discussion:
The city has contracted park restroom cleaning services since 2003. The cleaning and
customer services provided by Treasure Enterprises, Inc., were satisfactory this past year.
They continue to have the skill and capabilities to perform the required cleaning services as
outlined in the attached contract for the period from April 1, 2023, to March 31, 2024. One
thing to note, due to the addition of the Quarry bathrooms, there will be an increase of
$3,721.06.
Budget Impact:
The 2023-2024 contract amounts to $41,919.42, which includes an increase 5.1 percent
from this past year's contract (based on a Consumer Price Index factor) and the addition of
the Quarry Lake bathrooms. This amount is included in the 2023 Park
Maintenance Operating budget.
ATTACHMENTS:
o Park Restroom Cleaning Contract
Page 117 of 178
PUBLIC WORKS DEPARTMENT
CITY OF SHAKOPEE
CONTRACT FOR CLEANING SERVICES - PARK BUILDINGS
2023-2024
Matt Lehman, Mayor
Members of Council
Jim DuLaney
Angelica Contreras
Terry Joos
Jay Whiting
Bill Reynolds, City Administrator
Bill Egan, Director
Keith Raines, Supervisor - Park Maintenance
Page 118 of 178
City of Shakopee Contract for Cleaning Services - Park Buildings
April 1, 2023 through March 31, 2024
TABLE OF CONTENTS
I. DEFINITIONS 3
II. GENERAL CONDITIONS 3
III. SPECIAL CONDITIONS 12
ATTACHMENT A 15
SPECIAL PROVISIONS 15
ATTACHMENT B 16
HOURS OF OPERATION 16
ATTACHMENT C 17
PRICES 17
ATTACHMENT D 18
SPECIFICATIONS 18
Tahpah Park —1490 Adams St S 19
Schleper Stadium (Tahpah Park) — 1490 Adams St S 20
Lions Park— 1103 Adams St S 21
Huber Park —150 Fillmore St N 22
Memorial Park —1791 Co Rd. 101 E 23
17th Avenue Sports Complex — 2600 17th Ave East 24
Westminster Park — 801 Valley View Rd 25
Green Meadows Park — 3100 Thrush Street 26
Riverside Fields Park — 7800 Crossings Blvd 27
Hiawatha Park— 625 7th Avenue East 28
Holmes Park — 628 4th Avenue West 29
Scenic Heights Park —1195 Ruby Lane 30
Southbridge Community Park — 7101 Southbridge Parkway 31
Quarry Lake — 6201 Innovation Blvd 32
Page 2 of 32
Page 119 of 178
City of Shakopee Contract for Cleaning Services - Park Buildings
April 1, 2023 through March 31, 2024
This contract is entered into as of April 1, 2023 and ends March 31, 2024 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:
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City of Shakopee Contract for Cleaning Services - Park Buildings
April 1, 2023 through March 31, 2024
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 2023 and shall remain in full
force and effect through March 31, 2024.
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 2023 adjusted by the percentage
increase in the consumer price index for all urban areas (CPI-U) from February 2022 to
February 2023.
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.
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City of Shakopee Contract for Cleaning Services - Park Buildings
April 1, 2023 through March 31, 2024
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
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City of Shakopee Contract for Cleaning Services - Park Buildings
April 1, 2023 through March 31, 2024
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:
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City of Shakopee Contract for Cleaning Services - Park Buildings
April 1, 2023 through March 31, 2024
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,
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City of Shakopee Contract for Cleaning Services - Park Buildings
April 1, 2023 through March 31, 2024
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 $1,000,000/each occurrence
(3)
Commercial Vehicle Liability Insurance - Including owned, non -owned and hired
motor vehicles.
Bodily Injury & Property Damage $2,000,000/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
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City of Shakopee Contract for Cleaning Services - Park Buildings
April 1, 2023 through March 31, 2024
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.
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City of Shakopee Contract for Cleaning Services - Park Buildings
April 1, 2023 through March 31, 2024
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:
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City of Shakopee Contract for Cleaning Services - Park Buildings
April 1, 2023 through March 31, 2024
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
Public Works
400 Gorman Street
Shakopee, MN 55379
Treasure Enterprises, Inc.
Fidelis Odeh, President
PO Box 581212
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 be taken or held
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City of Shakopee Contract for Cleaning Services - Park Buildings
April 1, 2023 through March 31, 2024
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
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City of Shakopee Contract for Cleaning Services - Park Buildings
April 1, 2023 through March 31, 2024
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 inthe
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.
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City of Shakopee Contract for Cleaning Services - Park Buildings
April 1, 2023 through March 31, 2024
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.
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City of Shakopee Contract for Cleaning Services - Park Buildings
April 1, 2023 through March 31, 2024
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.
14. Quarry Lake -NEW 2023
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 32
Page 132 of 178
City of Shakopee Contract for Cleaning Services - Park Buildings
April 1, 2023 through March 31, 2024
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.
: 7 Days per eek
Begin: April 1 — 15*
End: October 15 — November 1*
Cleaning Days: Monday, Tuesday, Wednesday, Thursday, Friday, Saturday, Sunday
1) Tahpah Park
2) Joe Schleper Stadium (Tahpah)
3) Lions Park
4) Huber Park
5) Memorial Park
6) 17th Avenue Sports Complex
7) Westminster Park
8) Green Meadows Park
9) Riverside Fields Park
10) Southbridge Community Park
11) Scenic Heights Park
12) Quarry Lake -NEW 2023
Begin: May 15*
End: October 15*
Cleaning Day: Mondays, Fridays
ZEIE: 2 Days per Week
Begin: December 20*
End: February 20*
Cleaning Days: Mondays, Fridays
1) Westminster Park
2) Green Meadow Park
3) Southbridge Community Park
*Dates TBD (weather dependent -City to contact contractor with exact dates).
Page 16 of 32
Page 133 of 178
City of Shakopee Contract for Cleaning Services - Park Buildings
April 1, 2023 through March 31, 2024
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 $ 531.58
Schleper Stadium (Tahpah) 1490 Adams St. S 7: SMTWThFS $ 531.58
Quarry - NEW 2024 6201 Innovation Blvd. 7: SMTWThFS $ 531.58
Lions Park 1103 Adams St. S. 7: SMTWThFS $ 453.12
Huber Park 150 Fillmore St. N 7: SMTWThFS $ 453.12
Memorial Park 1791 Co Rd. 101 E 7: SMTWThFS $ 453.12
17th Ave Sports Complex 2600 17th Ave. E 7: SMTWThFS $ 413.89
Westminster Park 801 Valley View Rd. 7: SMTWThFS $ 413.89
Green Meadows Park 3100 Thrush St. 7: SMTWThFS $ 413.89
Riverside Fields Park 7800 Crossings Blvd. 7: SMTWThFS $ 413.89
Southbridge Community Park 7101 Southbridge Pkwy. 7: SMTWThFS $ 413.89
Scenic Heights Park 1195 Ruby Lane 7: SMTWThFS $ 413.89
Hiawatha Park 625 7th Ave. E 2: MF $ 164.65
Holmes Park 628 4th Ave. W 2: MF $ 164.65
WINTER Use: December— February (Heated Buildings)
Building
Westminster Park
Green Meadows Park
Southbridge Community Park
Options:
> Window Cleaning Exterior/Interior
> Extra Cleaning/Projects/Events
> Open/close "big" deep clean, including windows, walls, etc.:
Location
801 Valley View Rd.
3100 Thrush St.
7101 Southbridge Pkwy.
Days/week
2: MF
2: MF
2: MF
Price/Month
$ 188.19
$ 164.65
$ 164.65
$5766.72
$517.49
$ 5.81/sq. ft.
$ 28.18/hour
$ 99.25/location
o (1) Tahpah Park, (2) Schleper Stadium (Tahpah), (3) Huber Park, (4) 17th Ave Sports
Complex, (5) Westminster, (6) Green Meadows, (7) Riverside Fields, (8) Southbridge
Community Park
Page 17 of 32
Page 134 of 178
City of Shakopee Contract for Cleaning Services - Park Buildings
April 1, 2023 through March 31, 2024
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 952-215-9831.
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 32
Page 135 of 178
City of Shakopee Contract for Cleaning Services - Park Buildings
April 1, 2023 through March 31, 2024
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.
whadawaolommegtogiwaingagardimairaglowatuit
Page 19 of 32
Page 136 of 178
City of Shakopee Contract for Cleaning Services - Park Buildings
April 1, 2023 through March 31, 2024
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.
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Page 20 of 32
Page 137 of 178
City of Shakopee Contract for Cleaning Services - Park Buildings
April 1, 2023 through March 31, 2024
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.
Page 21 of 33
Page 138 of 178
City of Shakopee Contract for Cleaning Services - Park Buildings
April 1, 2023 through March 31, 2024
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.
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Page 22 of 33
Page 139 of 178
City of Shakopee Contract for Cleaning Services - Park Buildings
April 1, 2023 through March 31, 2024
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.
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Page 23 of 33
Page 140 of 178
City of Shakopee Contract for Cleaning Services - Park Buildings
April 1, 2023 through March 31, 2024
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.
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Page 24 of 33
Page 141 of 178
City of Shakopee Contract for Cleaning Services - Park Buildings
April 1, 2023 through March 31, 2024
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.
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Page 25 of 33
Page 142 of 178
City of Shakopee Contract for Cleaning Services - Park Buildings
April 1, 2023 through March 31, 2024
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.
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Page 26 of 33
Page 143 of 178
City of Shakopee Contract for Cleaning Services - Park Buildings
April 1, 2023 through March 31, 2024
Riverside Fields Park — 7800 Crossings Blvd.
Restrooms: 2
Indoor Common Areas: 1
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) Pick up trash (common area).
10) Sweep and mop (common area).
11) Lock all doors.
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Page 27 of 33
Page 144 of 178
City of Shakopee Contract for Cleaning Services - Park Buildings
April 1, 2023 through March 31, 2024
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.
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Page 28 of 33
Page 145 of 178
City of Shakopee Contract for Cleaning Services - Park Buildings
April 1, 2023 through March 31, 2024
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.
Page 29 of 33
Page 146 of 178
City of Shakopee Contract for Cleaning Services - Park Buildings
April 1, 2023 through March 31, 2024
Scenic Heights Park —1195 Ruby Lane
Restrooms: 2
Indoor Common Areas: 1
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) Pick up trash (common area).
10) Sweep and mop (common area).
11) Lock all doors.
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Page 30 of 33
Page 147 of 178
City of Shakopee Contract for Cleaning Services - Park Buildings
April 1, 2023 through March 31, 2024
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.
Page 31 of 33
Page 148 of 178
City of Shakopee Contract for Cleaning Services - Park Buildings
April 1, 2023 through March 31, 2024
Quarry Lake — 6201 Innovation Boulevard
Restrooms: 4
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) Pick up trash (common area).
10) Sweep and mop (common area).
11) Lock all doors.
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Page 32 of 33
Page 149 of 178
City of Shakopee Contract for Cleaning Services - Park Buildings
April 1, 2023 through March 31, 2024
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending
to be bound thereby.
Approved by City Council , 2023.
CITY OF SHAKOPEE Treasure Enterprises, Inc.
By: By:
Matt Lehman, Mayor Fidelis Odeh, President
Date: Date:
By:
Bill Reynolds, City Administrator
Date:
Page 33 of 33
Page 150 of 178
*4.B.7.
Shakopee City Council
March 7, 2023
FROM: Alex Enyi, Senior Engineering Technician
TO: Mayor and Council Members
Subject:
Parking control change on Scott Street from 1st Avenue to Levee Drive, Atwood Street
from 1st Avenue to Levee Drive, and Levee Drive from Scott Street to Atwood Street.
Policy/Action Requested:
Approve a two-hour parking zone and installation of parking zone signs on Scott Street,
Atwood Street and Levee Drive.
Recommendation:
Approval of the parking control change.
Discussion:
To facilitate the Shakopee Flats (River Bluffs) development, the area bounded by Scott
Street on the west, Atwood Street on the east, County Road 69 on the south and Levee
Drive on the north was rezoned as Central Business District. The Traffic Safety Committee
conducted a review of parking restrictions in the Central Business District and the review
showed that the majority of the Central Business District has two hour parking restrictions.
As a result, the Traffic Safety Committee has recommended that parking along Scott Street,
Atwood Street and Levee Drive be restricted to two hours on weekdays and Saturdays
during business hours.
Budget Impact:
Parking zone signs were furnished and installed as part of the Shakopee Flats (River Bluffs)
improvement project on Scott Street from 1st Avenue to Levee Drive, Atwood Street from
1st Avenue to Levee Drive, and Levee Drive from Scott Street to Atwood Street. The cost
was absorbed as part of the project costs.
ATTACHMENTS:
Parking Sign Layout at River Bluff
Page 151 of 178
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7.A.
Shakopee City Council
March 7, 2023
FROM: Heidi Emerson, Deputy City Clerk
TO: Mayor and Council Members
Subject:
Public Hearing to Review a Request to Reconsider the denial of a THC license.
Policy/Action Requested:
Public Hearing to review a request to reconsider the denial of a THC license for Spring
Leaf LLC. dba Shakopee Express One, located at 1148 Vierling Drive.
Recommendation:
Deny a THC License for Spring Leaf LLC. dba Shakopee Express One.
Discussion:
Staff received an application for a THC license. The application was sent to the Police
Department for review. On February 7, 2023 the City Council approved denial of a THC
License Spring Leaf LLC. dba Shakopee Express One.
Mustafa Gharwal, the owner, reached out to staff, and submitted a request to appeal the
denial of the license.
Budget Impact:
ATTACHMENTS:
o Police Department Memo
▪ Request for Public Hearing
Page 153 of 178
CITY OF
SHAKOPEE
POLICE DEPARTMENT
DATE: 1/19/2023
TO: Chief Jeff Tate
FROM: Sergeant Joshua Davis
SUBJECT: THC License Application — Spring Leaf LLC.
MEMO
The City of Shakopee has received a TEIC license application from Spring Leaf LLC.
Spring Leaf LLC holds the tobacco license for 1148 Vierling Drive. The business name is Tobacco Express.
In review of this businesses, I determined the following:
• According to the Minnesota Secretary of the State: Spring Leaf LLC is an LLC created in 2020 with a
manager of Ayman Shahin. The registered office is in Prior Lake, MN.
• On November 16th, 2022, I was made aware of an inspection by Scott County which identified Tobacco
Express as a business selling THC edible products that were in violation of the City of Shakopee
moratorium.
o On November 17, 2022 (Case #22026029) the business failed a compliance check by selling THC
edible products in violation of the city moratorium.
• On November 30', 2022, an agent from the Southwest Metro Drug Task Force entered the store and
purchased THC edible gunnies that were not only in violation of the moratorium but in violation of
Minnesota State Law. This case has been sent to the Scott County Attorney's Office for review of
charges.
• On December 2', 2022, 1 filed a complaint with the Minnesota Board of Pharmacy regarding the sale of
these products.
Spring Leaf LLC/Tobacco Express has failed compliance checks and was in violation of Minnesota State Law
by selling illegal THC edible products, I do not recommend awarding Spring Leaf LLC with a THC License.
Please contact me if you have any questions.
Sergeant Joshua Davis #67
Page 154 of 178
SPRING LEAF LLC
DBA: SHAKOPEE EXPRESS ONE
1148 VIERLING DRIVE EAST
SHAKOPEE, MN 55379
PH: 952-233-1564
To Whom It May Concern
would like to appeal the denial of my THC license in front of City Council,
Sincerely,
Mustafa Gharwal
Page 155 of 178
7.B.
Shakopee City Council
March 7, 2023
FROM: Heidi Emerson, Deputy City Clerk
TO: Mayor and Council Members
Subject:
Public Hearing to Review a Request to Reconsider the denial of a THC License.
Policy/Action Requested:
Public Hearing to review a request to reconsider the denial of THC licenses for Top Star
Market, located at 616 Marschall Road and Nicollet Tobacco, located at 185 1st Avenue.
Recommendation:
Deny the THC licenses for Top Star Market and Nicollet Tobacco.
Discussion:
Staff received two applications for THC licenses. Both applications were sent to the Police
Department for review. On January 17, 2023 the City Council approved the denial of the
THC licenses for Top Star Market and Nicollet Tobacco.
Sined Manasra, the owner of both locations, reached out to staff and submitted a request to
appeal the denial of both licenses.
Budget Impact:
ATTACHMENTS:
o Police Department Memo for Top Star and Nicollet Tobacco
o Request for Appeal
Page 156 of 178
L
CITY OF
SHAKOPEE
POLICE DEPARTMENT
DATE: 1/11/2023
TO: Chief Jeff Tate
FROM: Sergeant Joshua Davis
SUBJECT: THC License Applications
MEMO
As of 1/11/2023, the City of Shakopee has received THC License applications from the following businesses:
• Top Star Market — 615 Marschall Road
• Nicollet Tobacco —185 1st Avenue East
• Easy Street Smoke Shop — 1345 Heather Street
In review of these businesses, I determined the following:
Top Star Market — 615 Marschall Road
• According to the Minnesota Secretary of the State: Top Star Market is an LLC created in 2016 with a
manager of Sined Manasra. The registered office is 615 Marschall Road in Shakopee.
• On November 16t", 2022, I was made aware of an inspection by Scott County which identified Top Star
Market as a business selling THC edible products that were in violation of the City of Shakopee
moratorium.
• On November 17th, 2022 (Case #22026025) the business failed a compliance check by selling THC
edible products in violation of the city moratorium.
• On November 30th, 2022, an agent from the Southwest Metro Drug Task Force entered the store and
purchased THC edible gummies that were not only in violation of the moratorium but in violation of
Minnesota State Law. This case has been sent to the Scott County Attorney's Office for review of
charges.
• On December 2" a, 2022, I filed a complaint with the Minnesota Board of Pharmacy regarding the sale of
these products.
Top Star Market has failed compliance checks and was in violation of Minnesota State Law by selling illegal
THC edible products, I do not recommend awarding Top Star Market with a THC License.
Nicollet Tobacco (also called the E-cig store on 1st and Shakopee Tobacco and ecig)—1851st Ave E
• According to the Minnesota Secretary of the State: Nicollet Tobacco is an LLC created in 2018 with a
manager of Sined Manasra. The registered office is 185 1st Ave East in Shakopee.
o Sined Manasra is registered as the same manager as Top Star Market with the State of
Minnesota.
• On November 16th, 2022, I was made aware of an inspection by Scott County which identified
Shakopee Tobacco and ecig (AKA Nicollet Tobacco) as a business selling THC edible products that
were in violation of the City of Shakopee moratorium.
Page 157 of 178
• On October 17th, 2022 (Case #22023540) the Nicollet Tobacco failed a compliance check and sold
tobacco to a person under the age of 21.
• On November 17th, 2022 (Case #22026027) Nicollet Tobacco failed compliance check by selling edible
THC products in violation of the city moratorium. They removed these items after the compliance
check.
Nicollet Tobacco failed a 2022 tobacco compliance check and was in violation of the moratorium in 2022. I do
not recommend awarding Nicollet Tobacco with a THC License.
Easy Street Smoke Shop —1345 Heather Street
• According to the Minnesota Secretary of the State: Easy Street Smoke Shop is an LLC created in 2020
with a manager of Eric Condon. The registered office is Green Isle, MN.
• No reported issues with Easy Street Smoke Shop.
There is no known information that precludes Easy Street Smoke Shop from obtaining a THC license.
Please contact me if you have any questions about additional THC license applications.
Sergeant Joshua Davis #67
2
Page 158 of 178
Good morning Heidi,
I want to appeal and go in front of the city counsel members of Shakopee for the decision of
denial for the THC license. For both of my stores
Top Star market, 615 marschall rd Shakopee Mn 55379.
Nicollet tobacco, 185 1st Ave East Shakopee Mn 55379.
Thank you
Feb-3-2023
Sined Manasra
Page 159 of 178
11.A.
Shakopee City Council
March 7, 2023
FROM: Nate Reinhardt, Finance Director
TO: Mayor and Council Members
Subject:
City Bill List
Policy/Action Requested:
None
Recommendation:
Informational Only
Discussion:
These reports reflect the expenditures as recorded for 2023 activity. The following
transactions are notable for this reporting cycle:
• Rice Lake Contracting: Estimate Voucher 4, Lift Station L16 Rehabilitation project.
$375,782.00
• Southwest Logistics Center LLC: Commercial C.O & Erosion Control Escrow release
for 4700 Hentges Way. $225,181.65
• St Croix Recreation Inc: Purchase of playground equipment to be installed at Quarry
Lake. $146,158.75
Included in the check list are various refunds, returns, and pass through.
Budget Impact:
Operating and capital expenditures within the 2023 budget.
ATTACHMENTS:
o Council Check Summary
▪ Council Check Register
Page 160 of 178
a Bill List Transfers
Page 161 of 178
3/2/2023 14:59:35
CITY OF SHAKOPEE
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Page 162 of 178
Council Check Register
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SWMDTF - STATE GRANT
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PERSONNEL - PAYROLL
0123.6327
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125.00 OABG
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PERSONNEL - PAYROLL
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0673.6650
GLOBAL PAYMENT FEES- 01/23
1,504.29 OGLOBAL PAYMENTS INTEGRATED
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0672.4766
SALES TAX PAYABLE- 02/23
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0672.4798
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0674.4762
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Page 165 of 178
Council Check Register
0
0
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0
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Total Amount
w w w
l7
VI VI VI
0 0 0
ADMINISTRATION
PERSONNEL - PAYROLL
PREPAID OTHER
w w
0- 0
PLANNING
MOTOR FUELS & LUBRICANTS
MOTOR FUELS & LUBRICANTS
EQUIPMENT MAINT SUPPLIES
w
00
0
MOTOR FUELS & LUBRICANTS
EQUIPMENT MAINT SUPPLIES
w
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CC
CC
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MOTOR FUELS & LUBRICANTS
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EQUIPMENT MAINT SUPPLIES
INSPECTION
w
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0
INSPECTION
ENGINEER FEE - PUBLIC
ENGINEERING
MOTOR FUELS & LUBRICANTS
ENGINEERING
w
1-
0
ENGINEERING
MOTOR FUELS & LUBRICANTS
EQUIPMENT MAINT SUPPLIES
w w w
F- F- C(
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CAR/TRUCK WASHES
CAR WASH
CAR/TRUCK WASHES
TRUCK WASH
PARK FEE - PUBLIC
MOTOR FUELS & LUBRICANTS
EQUIPMENT MAINT SUPPLIES
CC CC CC
a 0_ 0
MOTOR FUELS & LUBRICANTS
RECREATION
N N N VI N N N N O N N O N O N N N N O N N N O N
cn M M O M M N N d- M N d- N d- M N N M N ▪ M 00 00 N N st N
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ZZZZZZ
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FUEL USAGE ALLOCATION- 02/23
FUEL USAGE ALLOCATION- 02/23
CAR/TRUCK WASHES- 02/23
POSTAGE ALLOCATION 02/2023
FUEL USAGE ALLOCATION- 02/23
CAR/TRUCK WASHES- 02/23
FUEL USAGE ALLOCATION- 02/23
CAR/TRUCK WASHES- 02/23
POSTAGE ALLOCATION 02/2023
INTERNAL CHARGES- 02/23
FUEL USAGE ALLOCATION- 02/23
POSTAGE ALLOCATION 02/2023
FUEL USAGE ALLOCATION- 02/23
CAR/TRUCK WASHES- 02/23
POSTAGE ALLOCATION 02/2023
CAR/TRUCK WASHES- 02/23
CAR/TRUCK WASHES- 02/23
INTERNAL CHARGES- 02/23
FUEL USAGE ALLOCATION- 02/23
CAR/TRUCK WASHES- 02/23
FUEL USAGE ALLOCATION- 02/23
VI VI VI V/ VI VI M
Q Q Q Q Q Q Q
J J J J J J J
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l7 w w w w w w w
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VI VI w l7 0 0 0 l7 l7 0
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RECREATION PROGRAMS
0679.6332
POSTAGE ALLOCATION 02/2023
GENERAL FUND
GENERAL FUND
U U V U U U U
O O N N N N N N N
N
Ln Ln m m m m M m m
a a L0 L0 (0 Lo a
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FUEL USAGE ALLOCATION- 02/23
FUEL USAGE ALLOCATION- 02/23
NTERNAL CHARGES- 02/23
NTERNAL CHARGES- 02/23
NTERNAL CHARGES- 02/23
NTERNAL CHARGES- 02/23
NTERNAL CHARGES- 02/23
NTERNAL CHARGES- 02/23
NTERNAL CHARGES- 02/23
IMPROVEMENTS/INFRASTRUCTURE
SAN19-001 L-16 DEMO
6856.6765
NTERNAL CHARGES- 02/23
IMPROVEMENTS/INFRASTRUCTURE
SAN24-001 W END LIFT STATION
6889.6765
NTERNAL CHARGES- 02/23
MOTOR FUELS & LUBRICANTS
SEWER MANAGEMENT
FUEL USAGE ALLOCATION- 02/23
EQUIPMENT MAINT SUPPLIES
SEWER MANAGEMENT
CAR/TRUCK WASHES- 02/23
z z z Z z z Z z z z z z z z z z Z z z Z z z z z z z z z z Z z z Z z z z z z z z z
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00 O N M 00
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0
0.0
PCS
0_
00
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CO
cp
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Council Check Register
0
O
0
N
Total Amount
MOTOR FUELS & LUBRICANTS
7733.6222
FUEL USAGE ALLOCATION- 02/23
911.18 OSHAKOPEE MONTHLY ALLOCATION
EQUIPMENT MAINT SUPPLIES
7733.6240
CAR/TRUCK WASHES- 02/23
9.00 OSHAKOPEE MONTHLY ALLOCATION
ENGINEERING/DESIGN CONSULTANTS
PA-23-03 TAHPAH PARK REHAB
00
LID
00
00
INTERNAL CHARGES- 02/23
3,193.32 OSHAKOPEE MONTHLY ALLOCATION
FINES & FORFEITS
FORFEITURE
21-017615 RUSSELL
(252.00) OSHAKOPEE PD FORFEITURES
FINES & FORFEITS
FORFEITURE
O
O
O
J
J
W
0
120
0
N
9
(36.00) OSHAKOPEE PD FORFEITURES
FINES & FORFEITS
FORFEITURE
21-017615 RUSSELL 100424
(72.00) OSHAKOPEE PD FORFEITURES
EVIDENCE ROOM DEPOSIT
ESCROW FUND
21-017615 RUSSELL
360.00 OSHAKOPEE PD FORFEITURES
EVIDENCE ROOM DEPOSIT
SWMDTF - STATE GRANT
FINES & FORFEITS
SWMDTF - FORFEITURES
FINES & FORFEITS
SWMDTF - FORFEITURES
FINES & FORFEITS
SWMDTF - FORFEITURES
LO N N c0
CO
CO co 00
N � d-
00 N n n
N N N N
o co CO 00
O O O 00
20-014407 MEYER
1,893.00 OSWMDTF FORFEITURES
20-014407 MEYER
(1,325.10) OSWMDTF FORFEITURES
20-014407 MEYER 100169
(189.30) OSWMDTF FORFEITURES
20-014407 MEYER 100424
(378.60) OSWMDTF FORFEITURES
CREDIT CARD FEES
LLJ
uJ
Ll
0321.6650
US Bank Merchant Fees- Fire De
0.02 OUS BANK MERCHANT CONNECT
CREDIT CARD FEES
INSPECTION
0331.6650
US Bank Merchant Fees- Bldg
3,218.64 OUS BANK MERCHANT CONNECT
CREDIT CARD FEES
INSPECTION
0331.6650
US Bank Merchant Fees- City Ha
0.02 OUS BANK MERCHANT CONNECT
C.O. CHARGE PAYABLE
ESCROW FUND
BLDC 001958 4045 DEAN LAKES BL
650.00 AD FOODS INC
O
O
N
O
OPERATING SUPPLIES
OPERATING SUPPLIES
W W
CC CC
Ll LL
VEHICLE GRAPHICS
577.50 ADVANCED GRAPHIX, INC
0321.6202
VEHICLE GRAPHICS
1,455.00 ADVANCED GRAPHIX, INC
O
Ln
N
0
N
BUILDING MAINT.
BOTTLE FILLER @ CITY HALL
694.99 AFFINITY PLUMBING LLC
0)
0)
0)
01
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EQUIPMENT MAINTENANCE
LLJ
CC
Ll
0321.6316
766.45 ALEXAIRAPPARATUS, INC
N
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EQUIPMENT MAINTENANCE
EQUIPMENT MAINTENANCE
W LL
CC CC
Ll u
0 L
00 m
ID
N N
Or/ Ln
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PAGER REPAIR
31.50 ANCOM TECHNICAL CENTER
HEADSET REPAIR
195.00 ANCOM TECHNICAL CENTER
0
O
f0
N
N
TRAVEL/SUBSISTENCE
LLJ
00
Ll
LID
M
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373.50 ANGLIN, KENT
0
N
EQUIPMENT MAINT SUPPLIES
EQUIPMENT MAINT SUPPLIES
w w
0 0
J J
a 0
O
N
00
O
217.56 APPLE FORD OF SHAKOPEE INC
031 1.6240
72.52 APPLE FORD OF SHAKOPEE INC
Page 167 of 178
Council Check Register
.Q
0
0
O
C
0
x
w
Total Amount
c0
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0
N
OPERATING SUPPLIES
uJ
LL
0321.6202
17.58 ARROW HARDWARE & PAINT SHAKOPE STATION 1 SUPPLIES
EQUIPMENT MAINT SUPPLIES
0421.6240
431.58 ASTLEFORD INTER
EQUIPMENT MAINT SUPPLIES
1-
LIJ
CC
F
0421.6240
70.77 ASTLEFORD INTER
BUILDING MAINT SUPPLIES
0673.6230
1,025.22 BECKER ARENA PRODUCTS INC
EQUIPMENT MAINT SUPPLIES
0673.6240
96.00 BECKER ARENA PRODUCTS INC
BUILDING MAINT.
LLl
00
w
LD
200.00 BECKER ARENA PRODUCTS INC
N
N
OTHER PROF SERVICES
RECREATION PROGRAMS
N
N
m
LD
N
1,285.76 BENJAMIN BUS INC
OTHER RENT
OTHER RENT
OTHER RENT
OTHER RENT
OTHER RENT
OTHER RENT
ce cc c sc cc
a 0 0 0 0 d
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CW71 TRAINING
300.00 BLUE AND BROWN BACKGROUND
0
0
0
M
BUILDING MAINT.
COMMUNITY CENTER
Vl
00
00
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DHU DUCT DETECTOR
1,130.16 BROTHERS FIRE & SECURITY
to
OPERATING SUPPLIES
w
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0
a
BROWNELLS ARMORY ORDER
169.90 BROWNELLS INC
0)
OPERATING SUPPLIES
cc
a
0621.6202
BASES FOR INVENTORY
761.34 BSN SPORTS LLC
M
n
OPERATING SUPPLIES
cc
d
0621.6202
468.18 BSN SPORTS LLC
EQUIPMENT I.S. FUND
GETAC ANTENNA - SKU 1399
CDW GOVERNMENT INC
EQUIPMENT I.S. FUND
POLICE INTERNAL SERVICE
GETAC ANTENNA - SKU1400
CDW GOVERNMENT INC
CO 00 00
0 0
0 ai ai
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Page 168 of 178
Council Check Register
a
0
Total Amount
I- I-
z z
LU w
0_ 0
a a
a
LLJ UJ
EQUIPMENT I.S. FUND
GETAC ANTENNA - SKU1401
CDW GOVERNMENT INC
EQUIPMENT I.S. FUND
GETAC ANTENNA - SKU 1402
CDW GOVERNMENT INC
CO 00
O O
0 0
N N
M
M
CO
BUILDING MAINT.
LLJ
LL
CHOICE ELECTRIC INC
BUILDING MAINT.
COMMUNITY CENTER
AIR COMPRESSOR REPAIR
CHOICE ELECTRIC INC
M
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M N
0
N l0
0
co
co
N
CLEANING SERVICES
CLEANING SERVICES
a
Z Z
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56.84 CINTAS CORP
CINTAS CORP
z z z z z
FORMS/CLOTH
FORMS/CLOTH
FORMS/CLOTH
FORMS/CLOTH
FORMS/CLOTH
z z z z z
DDDDD
SEWER MANAGEMENT
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N N N N N
N N N N N
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0 0 0 0 0
Q Q Q Q Q
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O O N N m
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EQUIPMENT RENT
6.30 COMCAST BUSINESS
UTILITY SERVICE
z
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0
m
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0
COMCAST BUSINESS
UTILITY SERVICE
COMMUNITY CENTER
0674.6360
COMCAST BUSINESS
SOFTWARE -ANNUAL FEES
CITY HALL CABLE
COMCAST BUSINESS
o M O
O1 0 N
1a N W
N D
0
0
ADMINISTRATIVE CHARGES
w
u
z
z
z
LL
(1,386.89) CONVENTION & VISITORS BUREAU
FILING FEES
LODGING TAX
CONVENTION & VISITORS BUREAU
LODGING TAX
LODGING TAX
CONVENTION & VISITORS BUREAU
rn
N
ADMINISTRATIVE CHARGES
w
u
z
z
z
LT_
CONVENTION & VISITORS BUREAU
FILING FEES
LODGING TAX
CONVENTION & VISITORS BUREAU
LODGING TAX
LODGING TAX
CONVENTION & VISITORS BUREAU
U)
0 O
OPERATING SUPPLIES
COMMUNITY CENTER
0
0
u
DALCO INC
BUILDING MAINT SUPPLIES
COMMUNITY CENTER
0674.6230
DALCO INC
d-
N O
00 Ol
CO
BUILDING MAINT SUPPLIES
COMMUNITY CENTER
BUILDING MAINT SUPPLIES
COMMUNITY CENTER
0 0
M M
N N
w a
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l0 l0
0 0
128.26 DALCO INC
DALCO INC
N
01
BUILDING MAINT SUPPLIES
COMMUNITY CENTER
0674.6230
659.01 DALCO INC
4-
0
N
aq
0
0_
Page 169 of 178
Council Check Register
0
0
C
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Total Amount
CS
M
SOFTWARE -ANNUAL FEES
0311.6410
0
0
d
485.00 DATAWORKS PLUS LLC
OPERATING SUPPLIES
OPERATING SUPPLIES
1-
L U
LU
cc
Q
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0421.6202
DELTA FOREMOST
0621.6202
DELTA FOREMOST
OPERATING SUPPLIES
SEWER MANAGEMENT
O
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DELTA FOREMOST
OPERATING SUPPLIES
SURFACE WATER MANAGEMENT
7731.6202
DELTA FOREMOST
0 CO C0 Cr) CO
• 7i ▪ ,i
O CO CO CO CO
a
M
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TRAVEL/SUBSISTENCE
00
N
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m
373.50 DIRCKS, ERIC
N
1
EQUIPMENT MAINTENANCE
0311.6316
00
47
0
00
750.00 EMERGENCY AUTO TECHNOLOGIES IN
EQUIPMENT I.S. FUND
0
N
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CO
OPERATING SUPPLIES
0321.6202
N
7
SOFTWARE -ANNUAL FEES
SOFTWARE -ANNUAL FEES
w w
CY CC
Ll Ll
ESO ANNUAL SUBSCRIPTION
3,819.09 ESO SOLUTIONS INC
ESO ANNUAL SUBSCRIPTION
2,469.82 ESO SOLUTIONS INC
EQUIPMENT MAINT SUPPLIES
0421.6240
267.40 FACTORY MOTOR PARTS INC
0
N
EQUIPMENT MAINT SUPPLIES
SURFACE WATER MANAGEMENT
7731.6240
5K1411 TRACTOR
36.06 FORCE AMERICA INC
O
M
UNIFORMS/CLOTHING
uJ
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0
N
N
O
m
0
WF105 NAMETAGS
94.13 GALLS INC
M
01
C.O. CHARGE PAYABLE
ESCROW FUND
8040.2370
BLDC 001234 & 002422
8,120.00 GAUGHAN COMPANIES
N
00
SKATE SCHOOL ADMISSION
0
z
0
0
w
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ICE RENTAL - PRIME TAXABLE
ROOM RENTALS
z • z z z
z z z z
CY CC CC cc
Q Q Q Q
uJ V V V
0673.4768
(6,829.06) GO4GOLD SKATING ACADEMY
16,636.00 GO4GOLD SKATING ACADEMY
0673.4774
GO4GOLD SKATING ACADEMY
0673.4796
GO4GOLD SKATING ACADEMY
EQUIPMENT MAINT SUPPLIES
O
m
0
219.52 HANCO CORPORATION
4-
0
00
v
bA
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Page 170 of 178
Council Check Register
a
0
0
O
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fV
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EQUIPMENT MAINT SUPPLIES
cc
O
0621.6240
TRACTOR TIRES
455.75 HANCO CORPORATION
r
OPERATING SUPPLIES
COMMUNITY CENTER
0674.6202
CHLORINE AND ACID
2,129.44 HAWKINS, INC
OPERATING SUPPLIES
SEWER MANAGEMENT
N
O
N
N
HEIMAN FIRE EQUIPMENT
OPERATING SUPPLIES
SURFACE WATER MANAGEMENT
7731.6202
w
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NI 01
NI 0
00 00
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EVIDENCE ROOM DEPOSIT
ESCROW FUND
8040.2352
DESHAUN HUBBARD-FORFEITURE
5,825.00 HUBBARD, DESHAUN
OFFICE SUPPLIES
COMMUNITY CENTER
INNOVATIVE OFFICE SOLUTIONS, L
OFFICE SUPPLIES
UNALLOCATED
INNOVATIVE OFFICE SOLUTIONS, L
O m m
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BINDERS/PD
16.76 INNOVATIVE OFFICE SOLUTIONS, L
BUILDING MAINT.
00
w
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0181.6315
PM WORK ON GENERATOR
390.00 INTERSTATE POWER SYSTEMS INC
O
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0
M
BUILDING MAINT.
BUILDING MAINT.
BUILDING MAINT.
COMMUNITY CENTER
00 00 00
m m m
O O O
00 00 N
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P.W. FIRE CHECK
620.00 JOHNSON CONTROLS FIRE PROTECTI
P.W. FIRE CHECK
465.00 JOHNSON CONTROLS FIRE PROTECTI
cc
w
cc
LL
1,860.00 JOHNSON CONTROLS FIRE PROTECTI
O
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BUILDING MAINT.
ICE ARENA
0673.6315
FIRE SPRINKLER TESTING
620.00 JOHNSON CONTROLS FIRE PROTECTI
BUILDING MAINT.
COMMUNITY CENTER
0674.6315
FIRE SPRINKLER TESTING
620.00 JOHNSON CONTROLS FIRE PROTECTI
O
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7
TRAVEL/SUBSISTENCE
510.37 KASALLIS, DANN
ATTORNEY
RIVER CITY CENTRE
ATTORNEY
TIF DIST #17 AMAZON
TIF DIST #18 CANTERBURY COMMON ATTORNEY
TIF DIST #18 CANTERBURY COMMON ATTORNEY
ATTORNEY
TIF DIST #19 RIVERFRONT
O O O O O
m m m m m
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RCC INTERFUND LOAN
KENNEDY & GRAVEN CHRTD
TRAFFIC SIGNAL
KENNEDY & GRAVEN CHRTD
AMPHITHEATER
KENNEDY & GRAVEN CHRTD
TRAFFIC SIGNAL
KENNEDY & GRAVEN CHRTD
PUBLIC IMPROVEMENTS
KENNEDY & GRAVEN CHRTD
N O O O O O
M l!1 In In In O
O CO 7i O m
N Ln CI N I. N
N O N N
0
CO
Page 171 of 178
Council Check Register
a
0
V
a
0
O
C
0
x
w
Total Amount
EQUIPMENT MAINT SUPPLIES
cc
0
0621.6240
432.05 KIBBLE EQUIPMENT LLC
LCI
O
N
EQUIPMENT MAINT SUPPLIES
W
LU
0421.6240
SK1148 PLOW TRUCK
408.62 LARKSTUR ENGINEERING
AWARDS & DAMAGES
SELF INSURANCE I.S.FUND
7820.6610
VEHICLE DAMAGE FROM PLOW
1,602.79 LEAGUE OF MN CITIES INSURANCE
n
N
0
WORKERS COMPENSATION
LLJ
uJ
O
n
LO
0
2023 VOLUNTEER FIRE WC
39,537.57 LEAGUE OF MN CITIES INSURANCE
WORKERS COMP SELF INS I.S.
7821.4840
2023 VOLUNTEER FIRE WC
LEAGUE OF MN CITIES INSURANCE
n
0
0
WORKERS COMP SELF INS I.S.
7821.6352
2023 WORKERS COMP
476,332.00 LEAGUE OF MN CITIES INSURANCE
OTHER PROF SERVICES
ADMINISTRATION
0121.6327
LOBBYING SERVICES
3,166.66 LOCKRIDGE GRINDAL NAUEN PLLP
O
CD
COMPUTER SERVICES
INFO TECH I.S. FUND
NETWORK ASSISTANCE
682.50 LOGIS
SOFTWARE -ANNUAL FEES
ADOBE RENEWAL
4,040.85 LOGIS
SOFTWARE -ANNUAL FEES
PERSONNEL - PAYROLL
SOFTWARE -ANNUAL FEES
SOFTWARE -ANNUAL FEES
SOFTWARE -ANNUAL FEES
SOFTWARE -ANNUAL FEES
SOFTWARE -ANNUAL FEES
SOFTWARE -ANNUAL FEES
L. L. L. L. L. Z
U ll ll V lJ z
Q Q Q Q Q Z
Z Z Z Z Z
LL LL U U LL O_
SOFTWARE -ANNUAL FEES
ENGINEERING
SOFTWARE -ANNUAL FEES
INFO TECH I.S. FUND
2023 LOGIS SERVICES
SOFTWARE -ANNUAL FEES
INFO TECH I.S. FUND
2023 LOGIS SERVICES
0 0 0 O 0 0 0 0 0 0
0+'1 O O
N 0 0 lf1 Ill Ill I, O O
0 co
O O O O O O O O N -
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Hubble/Insight
Special Assessments Fin
Special Assessments Ping 25%
Special Assessments Engr
Man Serv-Backups
N 0 0 0 0 L 0 0 0 0
l7 l7 l7 1.7 l7 l7 1.7 l7 l7 l7
0 0 0 0 0 0 0 0 0 0
J J J J J J J J J J
137 0 0 0 0 0 0 0 0 0 0
M 0 0 0 0 0 0 0 0 0 0
M
0Mn 0 O .7fON h. 00 O0 r 0 n
N d- 0 0 01 N 0 lO l0
0
BUILDING MAINT SUPPLIES
BUILDING MAINT SUPPLIES
EQUIPMENT MAINT SUPPLIES
0 0 0
Cyl
N N N
O
00 70 00
O O O
WALL REPAIR AT PD
38.30 LOWE'S HOME CENTERS, LLC
PD WALL REPAIR
44.67 LOWE'S HOME CENTERS, LLC
TAX RETURN
LOWE'S HOME CENTERS, LLC
0
O
EQUIPMENT MAINT SUPPLIES
0181.6240
0
J
Lu
0
7.13 LOWE'S HOME CENTERS, LLC
OPERATING SUPPLIES
SNOW & SAND
MAIL BOX REPAIR
21.38 LOWE'S HOME CENTERS, LLC
OPERATING SUPPLIES
SNOW & SAND
0424.6202
MAIL BOX REPAIR
76.57 LOWE'S HOME CENTERS, LLC
OPERATING SUPPLIES
SNOW & SAND
0424.6202
MAIL BOX REPAIR
86.76 LOWE'S HOME CENTERS, LLC
BUILDING MAINT SUPPLIES
BUILDING MAINT SUPPLIES
BUILDING MAINT SUPPLIES
BUILDING MAINT SUPPLIES
Q 0 0 LL Q
a a a
SCENIC HEIGHTS BLDG
43.48 LOWE'S HOME CENTERS, LLC
0621.6230
PARK BUILDING LIGHTS
10.44 LOWE'S HOME CENTERS, LLC
0621.6230
LOWE'S HOME CENTERS, LLC
LOWE'S HOME CENTERS, LLC
co d-
o l0
N l0
4-
0
0
v
b0
Page 172 of 178
Council Check Register
x
w
Total Amount
BUILDING MAINT SUPPLIES
co
O
0621.6230
PARKING LOT LIGHTS
LOWE'S HOME CENTERS, LLC
OPERATING SUPPLIES
COMMUNITY CENTER
0674.6202
LOWE'S HOME CENTERS, LLC
OPERATING SUPPLIES
COMMUNITY CENTER
36.33 LOWE'S HOME CENTERS, LLC
BUILDING MAINT SUPPLIES
COMMUNITY CENTER
0674.6230
59.80 LOWE'S HOME CENTERS, LLC
EQUIPMENT MAINTENANCE
F
LU
LU
LL
0441.6316
HOIST INSPECTIONS
445.00 LUBE TECH & PARTNERS, LLC
O
O
PRINTING/PUBLISHING
031 1.6336
FORBERG LOCKER MAGNET
15.00 LYN-MAR PRINTING
0
0
UNIFORMS/CLOTHING
LLI
LL
0321.6212
1,013.05 MACQUEEN EMERGENCY GROUP
CURRENT USE CHARGES
SEWER MANAGEMENT
771 1.6369
220,966.50 METRO COUNCIL ENVIRO SERVICES
C.O. CHARGE PAYABLE
EROSION CONTROL PAYABLE
O 0
z z
LL LL
O 0
1
L 00
w w
8040.2370
BLDR 002422 3736 THRUSH ST
MI HOMES
BLDR 002422 3736 THRUSH ST
MI HOMES
RESID LANDSCAPE PAYABLE
ESCROW FUND
8040.2372
BLDR 002422 3736 THRUSH ST
MI HOMES
O O 0
co O co
O O O
0 0 0
f f O
N C/)
0
0
0
IMPROVEMENTS/INFRASTRUCTURE
SAN19-001 L-16 DEMO
00
00
N
00
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Lc)
DO
O
4,820.00 MINNESOTA PUMP WORKS
SOFTWARE -ANNUAL FEES
PENETRATION TESTING SW
233.11 MINNESOTA SECURITY CONSORTIUM
CONFERENCE/SCHOOL/TRAINING
031 1.6472
MNCPA CONFERENCE
525.00 MN CHIEFS OF POLICE ASSOC
O
O
N
N
FINES & FORFEITS
DWI FORFEITURE
20015592 REIN
50.00 MN COMM OF FINANCE TREAS DIV
FINES & FORFEITS
SWMDTF - FORFEITURES
N
00
00
00
20014407-MEYER
189.30 MN COMM OF FINANCE TREAS DIV
0
W
CO
CONFERENCE/SCHOOL/TRAINING
LU
00
LL
260.00 MNIAAI
OTHER PROF SERVICES
EDA MANAGEMENT
2191.6327
ENTREPRENEURIAL STRATEGY
MOMENTEUM STRATEGIES
OTHER PROF SERVICES
EDA MANAGEMENT
2191.6327
ENTREPRENEURIAL STRATEGY
MOMENTEUM STRATEGIES
O O 0,
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N 0 Li)
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Page 173 of 178
Council Check Register
n
0
Total Amount
co
M
ltI
0
0)
u
v
w
w
uJ
LU
CC
0421.6362
STONE MDW ST LIGHTS
51.99 MVEC
L
W W W W W W w w
J J J J J J
d O O d d d
a a a a a a
D D( U U L
v
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z z z z z z
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PMENT RENT
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SURFACE WATER MANAGEMENT
00 ▪ N r 000000
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N N N N N N ,YN
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0 0 0 0 ▪ 0 0 0 N
L9
z
a
Lu
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7733.6240
o o co o • o rn rn
O O M M N M
Y Y Y Y Y Y Y Y
NE PARTS CO
NE PARTS CO
NE PARTS CO
NE PARTS CO
NE PARTS CO
NE PARTS CO
NE PARTS CO
NE PARTS CO
NE PARTS CO
NAPA GENU
NAPA GENU
NAPA GENU
NAPA GENU
NAPA GENU
NAPA GENU
NI NI LI) lf1 VI
O V O o ▪ N
l0 n M 4 4 Ni
CO O
N
NAPA GENU
NAPA GENU
NAPA GENU
0
CO
OPERATING SUPPLIES
SEWER MANAGEMENT
MARKING PAINT
NORTH AMERICAN SAFETY
OPERATING SUPPLIES
SURFACE WATER MANAGEMENT
7731.6202
MARKING PAINT
NORTH AMERICAN SAFETY
00
O O
O Ol
O O
0
01
IMPROVEMENTS/INFRASTRUCTURE
SAN24-001 W END LIFT STATION
6889.6765
47,975.00 NORTHERN LINES CONTRACTING INC
EQUIPMENT RENT
COMMUNITY CENTER
0674.6420
3,395.00 NORTHLAND CAPITAL
EQUIPMENT MAINT SUPPLIES
L)
0
031 1.6240
SK1040 EQUINOX
4.58 O'REILLY AUTO PARTS
OPERATING SUPPLIES
COMMUNITY CENTER
0674.6202
N
0
lJ
301.10 OXYGEN SERVICE COMPANY
0
0
OPERATING SUPPLIES
COMMUNITY CENTER
0674.6202
0
255.00 OXYGEN SERVICE COMPANY
ATTORNEY
PERSONNEL - PAYROLL
M
nri
N
0
6,860.90 PEMBERTON LAW PLLP
T
co
BUILDING MAINT SUPPLIES
z
w
Lu
U
rYi
1,071.37 PER MAR SECURITY SERVICES
OTHER PROF SERVICES
Lu
UJ
PLOW TRUCK GPS
240.00 PRECISE MRM LLC
O
0
N
Page 174 of 178
Council Check Register
a
0
u
u
a
Total Amount
OTHER PROF SERVICES
NATURAL RESOURCES
0661.6327
40,547.65 PRECISION LANDSCAPE &TREE INC
SOFTWARE -ANNUAL FEES
HID LICENSES
708.00 PRO -TECH DESIGN
IMPROVEMENTS/INFRASTRUCTURE
SAN19-001 L-16 DEMO
6856.6765
375,782.00 RICE LAKE CONTRACTING
DAMAGE DEPOSIT
COMMUNITY CENTER
oo
r
w
REFUND DAMAGE DEPOSIT
100.00 ROACH, MARY
BUILDING MAINT SUPPLIES
z
z
cc
✓
0673.6230
ROBERT B HILL CO
O
O pp
O Lc_;
O - 00
OPERATING SUPPLIES
COMMUNITY CENTER
SOFTENER SALT
379.70 ROBERT B HILL CO
OTHER PROF SERVICES
0171.6327
SPU REIMBURSED PLANNING
9,290.66 RSP ARCHITECTS
2301.6327
AE WORK FOR RENOVATION
4,217.00 RSP ARCHITECTS
co
co
O
N
FINES & FORFEITS
DWI FORFEITURE
W
N
20015592-REIN
100.00 SCOTT CO ATTORNEY'S OFFICE
0
0
O
FINES & FORFEITS
SWMDTF - FORFEITURES
N
CO
N
00
O
20014407 MEYER
378.60 SCOTT CO ATTORNEY'S OFFICE
OTHER PROF SERVICES
EDA MANAGEMENT
CDA FAST TRACK CHALLENGE
1,000.00 SCOTT CO CDA
0
0
O
OTHER PROF SERVICES
AUDIT REPORTS
190.00 SCOTT CO TREASURER
1
w w
0 0
0311.6480
2023 SCALE REGIONAL TRAINING
29,739.30 SCOTT CO TREASURER
0321.6480
2023 SCALE REGIONAL TRAINING
29,739.30 SCOTT CO TREASURER
COMPUTER SERVICES
Or)
CO
FIBER MAINTENANCE
6,065.87 SCOTT CO TREASURER
EQUIPMENT MAINT SUPPLIES
V
J
0
a
TABS FOR VIN: 9391
14.25 SCOTT CO TREASURER DEPUTY REGI
N
N
EQUIPMENT MAINT SUPPLIES
Lu
V
J
0
a
TABS FOR VIN:01573
14.25 SCOTT CO TREASURER DEPUTY REGI
0)
N
EQUIPMENT MAINT SUPPLIES
Lu
V
J
0
a
0311.6240
TABS/PLATES FOR VIN:35444
29.75 SCOTT CO TREASURER DEPUTY REGI
0)
h
N
4-
0
m
b0
crs
0_
Page 175 of 178
Council Check Register
Total Amount
OPERATING SUPPLIES
RECREATION PROGRAMS
0679.6202
SNR LOUNGE COFFEE
45.00 SHAKOPEE BREWHALL
OPERATING SUPPLIES
RECREATION PROGRAMS
0679.6202
SNR LOUNGE COFFEE
45.00 SHAKOPEE BREWHALL
CONFERENCE/SCHOOL/TRAINING
ADMINISTRATION
N
N
O
0
0
CON FERENCE/SCHOOL/TRAIN ING
MAYOR & COUNCIL
45.00 SHAKOPEE CHAMBER OF COMMERCE
CONFERENCE/SCHOOL/TRAIN ING
ADMINISTRATION
45.00 SHAKOPEE CHAMBER OF COMMERCE
CONFERENCE/SCHOOL/TRAINING
COMMUNICATIONS
0125.6472
90.00 SHAKOPEE CHAMBER OF COMMERCE
CONFERENCE/SCHOOL/TRAINING
135.00 SHAKOPEE CHAMBER OF COMMERCE
O
O
BUILDING MAINT SUPPLIES
cc
0
SOUTHBRIDGE BATHROOM -GRAFFITI 0621.6230
113.90 SHERWIN WILLIAMS CO
0
OTHER PROF SERVICES
w
V
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0
0
N
N
O
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SHREDDER FOR PD
40.90 SHRED RIGHT - A ROHN INDUSTRI
OTHER PROF SERVICES
RECREATION
0671.6327
17.73 SHRED RIGHT - A ROHN INDUSTRI
00
BUILDING MAINT SUPPLIES
COMMUNITY CENTER
0674.6230
269.34 SIGN PRO
C.O. CHARGE PAYABLE
ESCROW FUND
EROSION CONTROL PAYABLE
ESCROW FUND
O
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N N
o 0
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co co
SH106467 7400 HENTGES WAY
215,081.65 SOUTHWEST LOGISTICS CENTER LLC
SH106467 7400 HENTGES WAY
40,100.00 SOUTHWEST LOGISTICS CENTER LLC
PR21-006 QUARRY LAKE PLAYGROUN MATERIALS
PLAYGROUND EQUIPMENT
146,158.75 ST CROIX RECREATION INC
1n
ti
N
0
w
Z
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0
0
l7
GENERAL FUND
11,760.58 STAPLES OIL CO
00
00
00
GENERAL FUND
4,628.65 STAPLES OIL CO
Z Z Z Z
Lu Lu Z Z Z Z Z
J J
0_ 0
a_ 00
0 0
VI 0
l7 l7
Z Z
H H
Q Q
00 00
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FORMS/CLOTH
FORMS/CLOTH
FORMS/CLOTH
FORMS/CLOTH
FORMS/CLOTH
00 00 00 00 00
UUUUU
J J J J J
0_ 0 O - 0 0
SWMDTF - FORFEITURES
SWMDTF - FORFEITURES
N N N N N N N
0 0
NNNNNNN
0 0 O 0 O 0 O
0- 0
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M M m m (0 W CO
O O O O O 00 CO
2
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AMMO FOR POLICE DEPT.
WF105 UNIFORMS
WF105 UNIFORMS
CM104 UNIFORMS
VI 00 0 _0 0 00 _00
E E E E
cc cc cc
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CO O 00 00 0, 00 l0 0-
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co
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0
0
ADMINISTRATION
0121.6480
0
00
0
0
2,155.50 SUBURBAN RATE AUTHORITY
Page 176 of 178
Council Check Register
a
0
Total Amount
0
BUILDING MAINT.
z
w
cc
0
m
ni
0
FIRE EXTINGUISHERS
678.00 SUMMIT FIRE PROTECTION
BUILDING MAINT.
COMMUNITY CENTER
0674.6315
FIRE EXTINGUISHERS
700.25 SUMMIT FIRE PROTECTION
EQUIPMENT MAINT SUPPLIES
w
CC
0421.6240
PLOW MARKERS
297.23 TERMINAL SUPPLY CO
n
0)
EQUIPMENT MAINTENANCE
SWEEPING
7733.6316
SK1393 MECHANICAL SWEEPER
760.46 TITAN MACHINERY
EQUIPMENT MAINTENANCE
SWEEPING
7733.6316
5K1325 MONSOON
3,692.24 TITAN MACHINERY
O
N
N
OTHER PROF SERVICES
N
N
m
PPU CASE 23000930
100.00 T-MOBILE USA INC
0
0
OPERATING SUPPLIES
w
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0421.6202
120.31 TWIN CITY HARDWARE
OTHER PROF SERVICES
RECREATION PROGRAMS
0679.6327
2,112.00 VAIL RESORTS MANAGEMENT CO, IN
OPERATING SUPPLIES
RECREATION PROGRAMS
0679.6202
WINTER PB PRIZES
94.20 VALLEY SPORTS
0
N
01
OTHER PROF SERVICES
w
v
z
z
L
0151.6327
2022 ACTUARY
5,700.00 VAN IWAARDEN ASSOCIATES
0
0
TRAVEL/SUBSISTENCE
w
0
z
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JAN/FEB MILEAGE REIMB
28.30 WECKMAN, KIM
0
O
N
OTHER PROF SERVICES
RECREATION PROGRAMS
0679.6327
PROGRAM TICKETS
2,461.00 WELCH VILLAGE SKI AREA INC
0
O
N
CONFERENCE/SCHOOL/TRAINING
uJ
LL
1,275.00 WEMYSS, INC
O
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EQUIPMENT MAINT SUPPLIES
w
K
(53.76) ZIEGLER INC
1-
z
w
a_
a
5
a
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SURFACE WATER FUND
7300.1740
SK1414VIN 2977
16,633.00 ZIEGLER INC
0)
O
1,887,263.75 GRAND TOTAL
Page 177 of 178
Funds transferred electronically February 22, 2023 to March 7, 2023
PAYROLL $385,815.13
FIT/FICA $115,328.70
STATE INCOME TAX $25,019.32
PERA $121,842.59
HEALTH CARE SAVINGS PLAN $173,791.88
HEALTH SAVINGS ACCT $13,611.59
NATIONWIDE DEF COMP $8,976.37
MISSION SQUARE $3,283.36
MSRS $7,524.41
JOHN HANCOCK $3,037.70
Tax Levy (MN Revenue) $0.00
Child Support $297.18
ALERUS $484.31
Medica $0.00
AFLAC $0.00
NIS $4,037.79
Total $863,050.33
Page 178 of 178