Loading...
HomeMy WebLinkAboutApril 01, 2025 - Council PacketSHAKOPEE Shakopee City Council Regular Meeting Tuesday, April 1, 2025 7:00 PM City Hall, 485 Gorman Street Vision: Shakopee is a distinctive river town with a variety of business, cultural, and recreational opportunities in a safe, welcoming, and attractive environment. Our vision is for Shakopee to continue being the place people want to live, work, and play! 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. 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Approval of Agenda 5. Consent Agenda These items are considered routine and will be enacted by one motion. There will be no separate discussion of these unless a council member or staff requests, in which event the item will be removed from the consent agenda for separate discussion & action. 5.a 2024 Year-end and General Fund Transfers and Assignment of Fund Balance 5.b Joint Powers Agreement for Roadway Pavement Maintenance 5.c Hiring of Park Foreperson - Public Works. 5.d Park Restroom Cleaning Contract 5.e State legislation on Revoking City Zoning Authority and Public Participation in Zoning Decisions under the guise of Affordable Housing Legislation 5.f Change Orders for Windermere Park Submitted by Loeffler 5.g Approve the City Council Meeting Minutes 1 5.h Accept Donation from Shakopee Youth Baseball Association, Resolution R2025-044. 5.i Final Plat of Palomino Trail 5.j Tahpah Field Baseball Improvements - Left Field Patio 6. Public Comment Individuals may address the City Council about any item not on the regular agenda. Speakers are requested to come to the center table, state their name and address for the clerk's record, and limit their remarks to three minutes. The City Council will not take official action on items discussed at this time, but may refer the matter to staff for a follow up report or direct that matter be scheduled on an upcoming agenda. 7. Business removed from consent agenda 8. Recess for Economic Development Authority Meeting 9. Reconvene 10. Reports Liaison and Administration 10.a City Bill List 11. Other Business 12. Adjourn to April 15, 2025 at 7:00 p.m. 2 SHAKOPEE Agenda Item: Prepared by: Reviewed by: Shakopee City Council 5.a April 1, 2025 2024 Year-end and General Fund Transfers and Assignment of Fund Balance Nate Reinhardt, Finance Director Action to be considered: Approve a 2024 General Fund transfer of $346,000 to the 2022A GO Improvement Bond Fund, a transfer of $1,000,000 to the Buildings Fund, a transfer of $1,114,000 to the Capital Improvements Fund, the assignment of $375,000 of fund balance for the purchase of modular vehicle barriers, and the assignment of $65,000 for the Building Official position. Motion Type: Simple Majority Background: Each year the City's General Fund is reviewed as part of the closing process as we near the fieldwork portion of our annual audit. The General Fund has an estimated unassigned fund balance of $22.3 million as of December 31, 2024. At this time it is an estimate only, because it is unaudited. The fieldwork portion of our audit begins on April 14. It is not anticipated that there will be any major changes to the fund balance. Based on the policy of maintaining a 50 percent fund balance (of budgeted expenditures), the General Fund will end the year with a $2.9 million surplus. In the past, any excess fund balance has been directed towards one-time events such as capital improvements. Staff is requesting a 2024 General Fund transfer of $346,000 to the 2022A GO Improvement Bond Fund, a transfer of $1,000,000 to the Buildings Fund, a transfer of $1,114,000 to the Capital Improvements Fund, the assignment of $375,000 of fund balance for the purchase of modular vehicle barriers, and the assignment of $65,000 for the Building Official position. The $346,000 transfer to the 2022A GO Improvement Bond fund will effectively allow the City to reduce the 2026 debt service tax levy by an equivalent amount. The debt service 3 levy was reduced similarly in 2025 by the transfer of $348,000. The $1 million transfer to the Buildings Fund would provide funding for the remodel of Fire Station #2. This will create permanent dorm rooms, which will allow for overnight staffing in the future. The City is currently working with an architect on project design and anticipate bidding the project out this summer. The $1,114,000 transfer to the Capital Improvements Fund would provide much needed funding upcoming 2026 street and infrastructure projects. The $375,000 assignment of fund balance for modular vehicle barriers. The City Council approved the purchase on March 4, 2025 to be purchased with General Fund balance. The $65,000 assignment of fund balance to fund the Building Official position. The City found out earlier this year after the budget was adopted, that we did not received the 2nd year of the grant. This will close the funding gap that resulted from not receiving the grant award. Recommendation: Adopt Resolution R2025-043 Budget Impact: If approved, the 2026 Debt Service Levy may be reduced during the 2026 budget process by $346,000. The 2025 Budget will also be amended to include the $375,000 expenditure for modular vehicle barriers. Attachments: R2025-043 YE Transfers.pdf 4 RESOLUTION NO. R2025-043 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNNESOTA APPROVING GENERAL FUND TRANSFERS OF $346,000 TO THE 2022A G.O. IMPROVEMENT BOND FUND, $1,000,000 TO THE BUILDINGS FUND, $1,114,000 TO THE CAPITAL IMPROVEMENTS FUND, THE ASSIGNMENT OF $375,000 OF FUND BALANCE FOR MODULAR VEHICLE BARRIERS, AND THE ASSIGNMENT OF $65,000 FOR THE BUILDING OFFICIAL POSITION. WHEREAS, the preliminary 2024 General Fund financial results have been reviewed; and WHEREAS, the City of Shakopee's fund balance policy for the General Fund targets a 35 to 50 percent unassigned fund balance of the subsequent year's expenditure budget; and WHEREAS, the City Council directs the City Finance Director, for the year -ended December 31, 2024 to assign $375,000 of General Fund balance for the purchase of modular vehicle barriers and $65,000 for the Building Official position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, hereby approves a transfer of $346,000 from the City's General Fund to the 2022A G.O. Improvement Bond Fund, a transfer of $1,000,000 from the City's General Fund to the Buildings Fund, and a transfer of $1,114,000 from the City's General Fund to the Capital Improvements Fund for the year -ended 12/31/2024. Adopted in the regular session of the City Council of the City of Shakopee, Minnesota held this 1st day of April 2025. Mayor of the City of Shakopee ATTEST: City Clerk 1 5 SHAKOPEE Agenda Item: Prepared by: Reviewed by: Shakopee City Council 5.b April 1, 2025 Joint Powers Agreement for Roadway Pavement Maintenance Jamie Theis, Street Supervisor Action to be considered: Adopt Resolution R2025-041, authorizing the City of Shakopee's annual maintenance for roadway sealcoat, crack sealing, pavement markings, fog sealing and a portion of the 2025 Pavement Rehabilitation Project CIF -25-004 in the amount of $689,000.00 to be awarded as part of the 2025 South Metro Joint Powers Agreement contract. Motion Type: Simple Majority Background: On February 18, 2014, the City of Shakopee joined the JPA for roadway maintenance services with a group of cities with the goal of streamlining contracts and receiving better pricing from contractors. The South Metro JPA cities include the following: Apple Valley, Bloomington, Burnsville, Eagan, Elko New Market, Farmington, Hastings, Lakeville, Mendota Heights, Prior Lake, Rosemount, Savage, Shakopee, South St. Paul, Waconia, and West St. Paul, along with Scott County, and the Townships of Empire, New Market, Sand Creek, and Spring Lake. The City of Burnsville administers the JPA. This is one of the largest JPAs of its type in the state and often includes some of the largest contracts in the state for this type of work. As a member of the South Metro JPA for roadway maintenance services, the City of Shakopee provided a scope of work for roadway seal coating, crack sealing, and pavement marking for 2025, consistent with city's 2025 budgeting for this work. With the City of Shakopee's approval of the city's portion of the prescribed work, the City of Burnsville will officially proceed with the JPA contract as awarded for the entirety of the 2025 South Metro JPA (see attached). The city's prescribed work includes the following: Bid Amounts: 6 Service Contractor Seal Coat Crack Seal Shakopee Bid Amount Pearson Bros., Inc $419,000.00 Asphalt Surface Technologies Corp. $155,000.00 Pavement Markings Sir Lines -A -Lot Fog Seal Pearson Bros., Inc $80,000.00 $35,000.00 The bids are competitive and are of good value. All contractors are reputable roadway maintenance contractors and have successfully completed similar work and contracts previously. A portion of the work for the 2025 Pavement Rehabilitation Project (CIF -25-004) is included in the JPA that includes crack sealing, chip sealcoating and striping (see attached CIP summary sheet). In advance of and separate from the JPA work, the more in-depth pavement repairs, minor concrete repairs and other repairs as necessary will be completed. It should also be noted that the city has recently included fog sealing overtop the chip sealcoat on certain roadways (that exist with minimal driveways) and in cul-de-sacs to improve the performance of the sealcoat. While ideally a fog seal overtop the chip sealcoat would be done on all surfaces, it is extremely difficult in areas with driveways due to the tracking of the fog seal. Therefore, fog sealing is limited to areas that can be completed and managed without tracking issues. Recommendation: Adopt Resolution R2025-041. Budget Impact: The total amount of work is estimated at $689,000.00. The costs are within budget and the funding is allocated as follows: Street Maintenance Operation Fund $602,500.00 2025 Pavement Rehabilitation Project (CIF -25-004) $ 56,000.00 Park Maintenance Operation Fund $ 8,500.00 Community Center Operation Fund $ 22,000.00 Total $689,000.00 7 Attachments: R2025-041.pdf Agenda Report - Bids & Contract for 2025 South Metro JPA (25-504).pdf CIP Rehab.pdf Maps.pdf 8 RESOLUTION R2025-041 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA AUTHORIZING THE CITY OF SHAKOPEE'S ANNUAL MAINTENANCE FOR ROADWAY SEALCOAT, CRACK SEALING, PAVEMENT MARKINGS, FOG SEALING AND A PORTION OF THE 2025 PAVEMENT REHABILITATION PROJECT CIF -25-004 IN THE AMOUNT OF $689,000 TO BE AWARDED AS PART OF THE 2025 SOUTH METRO JOINT POWERS AGREEMENT CONTRACT WHEREAS, on February 18, 2014, the City of Shakopee entered a Joint Powers Agreement (JPA) for roadway maintenance services with a group of cities with a goal of streamlining contracts and receiving better pricing from contractors; and WHEREAS, the group of cities include Apple Valley, Bloomington, Burnsville, Eagan, Elko New Market, Farmington, Hastings, Lakeville, Mendota Heights, Prior Lake, Rosemount, Savage, Shakopee, South St. Paul, Waconia, West St. Paul along with Scott County, and the Townships of Empire, New Market, Sand Creek and Spring Lake; and WHEREAS, the City of Burnsville administers the JPA and is one of the largest of its type in the state; and WHEREAS, as a member of the South Metro JPA for roadway maintenance services, the City of Shakopee provided a scope of work for roadway seal coating, crack sealing, pavement markings and fog seal for 2025, consistent with the city's 2025 budget for this work; and WHEREAS, with the City of Shakopee's approval of the city's portion of prescribed work, the City of Burnsville will officially proceed with the JPA contract as awarded for the entirety of the 2025 South Metro JPA. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA AS FOLLOWS: 1. The City of Shakopee will authorize the annual maintenance for roadway seal coat, crack seal, pavement markings and fog seal and a portion of the Pavement Rehabilitation Project CIF -25-004 to be awarded as part of the 2025 South Metro Joint Powers Agreement Contract in the amount of $689,000. 2. The city's prescribed work will include: Service Contractor Shakopee Bid Amount Sealcoat Pearson Brothers, Inc. $419,000 Crack Seal Asphalt Surface Technologies Corp. $155,000 Pavement Markings Sir Lines -A -Lot $80,000 Fog Seal Pearson Brothers, Inc $35,000 TOTAL 689,000 9 Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 1st day of April 2025. Mayor of the City of Shakopee ATTEST: City Clerk Prepared by: City of Shakopee 485 Gorman Street Shakopee, MN 55379 10 AGENDA REPORT Regular City Council - 18 Mar 2025 ,geP,AisM City Of Burnsville Accept Bids and Approve Contract for the 2025 South Metro JPA for Roadway Maintenance Services project (25-504) ACTION REQUESTED Accept Bids and Approve Contracts for the 2025 South Metro JPA for Roadway Maintenance Services project (25-504) as follows: Service Contractor Bid Amount Burnsville's Portion Bituminous Fog Seal Pearson Bros Inc $126,614.00 $0 Bituminous Seal Coat Pearson Bros Inc $2,096,686.88 $0 Crack Sealing ASTECH Corp $1,395,908.61 $232,500 Pavement Markings Sir Lines -A -Lot $881,230.00 $163,750 * Action requires simple majority vote of the Council. BACKGROUND The South Metro JPA includes the cities of Apple Valley, Bloomington, Burnsville, Eagan, Elko New Market, Empire, Farmington, Hastings, Lakeville, Mendota Heights, Prior Lake, Rosemount, Savage, Shakopee, South St. Paul, Waconia and West St. Paul, along with Scott County and the townships of New Market, Sand Creek and Spring Lake and provide contracting for fog sealing, seal coating, crack sealing and maintenance pavement markings. This is the largest JPA of its type in the state and regularly has some of the larger contracts for this type of roadway maintenance. Thus this annual project attracts competitive pricing from a number of contractors. As the lead organization for the South Metro JPA for Roadway Maintenance Services, the City of Burnsville coordinates the JPA, prepares the contract documents, provides bidding services, awards the contracts and provides overall general contract administration. The following bids were received for the 2025 project: Service Contractor Bid Amount Burnsville's Portion Bituminous Fog Seal Pearson Bros Inc $126,614.00 $0.00 Allied Blacktop Co $214,170.80 ASTECH Corp $367,824.40 Bituminous Seal Coat Pearson Bros Inc $2,096,686.88 $0.00 Allied Blacktop Co $2,263,169.09 ASTECH Corp $2,555,026.63 Crack Sealing ASTECH Corp $1,395,908.61 $232,500.00 11 Allied Blacktop Co $2,056,124.95 Fahrner Asphalt Sealers, LLC $2,120,132.84 Pavement Markings Sir Lines -A -Lot $881,230.00 $163,750.00 All low bidders are returning contractors who have completed these contracts successfully in the past. Bidding these routine maintenance services with all members of the JPA allows the member local governments to reduce their administration costs and offers economy of scale pricing the members could not get by bidding the work alone. Burnsville is reimbursed by the JPA members for the administrative work we complete on their behalf. The economy of scale pricing benefits all members, Burnsville included. BUDGET IMPACT This annual project was planned and budgeted for in the Street Maintenance Fund. Burnsville's portion of the contracts totaling $396,250. The Street Maintenance Fund has sufficient funds to cover these contracts. STAFF •► M NDATION Accept Bids and Approve Contracts for the 2025 South Metro JPA for Roadway Maintenance Services project (25-504) as outlined above. STRATEGIC PRIORITIES Infrastructure: Burnsville is committed to responsible stewardship of assets to allow our community to thrive Safety: Burnsville is committed to the safety and wellbeing of our community ATTACHMENTS BidWorksheet 9539274 Eval 25-504 Astech Crack Sealing contract 25-504 Pearson Brothers Fog Seal contract 25-504 Pearson Brothers Seal Coat contract 25-504 SLAL Pavement Markings contract Staff Contact: Jeff Radick 12 '71- m OO11 It Q o_ o v O >. co U c~ 4 z z U co CU o a) .N c L_ = '1) 0O N O O O , N L ii .0 O Ni on O (� O B Pearson Bros, Engineer Estimate Unit Price Ext "V 1- "VI- N yr yr 11)- 1Jr in - u1 Ni on Ni O1 O O1 rl O Ln M N O N M M O O N M tn- -(n- -L/1- -(n. -(n- -L/1- if) - 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O . . . . . . . . . . . . . . . . . . . . C O O O O O O O O O O O O O O O O u) Ln O O O -V)- in- -(f -(n- -(A- -(f- -(A- tn- -(1). tn- -(1). in- -(1- -(1)- -(). N on O in - N C -1 %I<' O1 N co %—i M N X 00 I_I M -c.n- W -(n- -(1)- In - N U O_ .C D O O O O O O O O O O O O O O O O 0 0 0 0 0 0 O O O O O (1) O O O 0 0 0 0 0 0 O O O O O 4Lri O -(n- IA- -v)- In- -(n- -(n- -(n- -(n- In- -(n- -(n- IA- on Ln N -tn. -cn- O O M rl O N 00 N O rl u) O 00 LO N O O '71-▪ LD 00 O O1 ▪ O(O N O O N O O O . . . . . . Ni. . . . . . . . . . 4 4(O N rl rl M O 00 O1 rl 00 u1 4 O O c Ni N Ni l0 00 O1 00 O O O O1 N M LD M -cn- in - O 00 00 O 00 L.() N N CO N O1 N on 00 O1 N N N Ni' N N u) l0 u) L% -I r -I O1 M O1 C l0 l0 u1 00 %—1 on L.() ▪ %—1 O1 00 I, %—1 %—1 -Ln- a) on on u) 00 N rl N -(n- I(1)- on N on N -VI- + , • -(n- -(n- N -(n- -(n- -(n- r-1 If)- -V)- I(n- w '(n- '(n- 'V) - N N r -I M M CO N O N N N N l0 U • O1 N O1 u7 l0 O N N N N O Ci_00 N N O O rl 00 O O O O O }, in- -(n- in If)- in in- -(1h -(n- -(1h in -(n- If) C D O O O1 O O 00 l0 Li-) O u1 u1 O O O O O O 00 00 O O O N O1 00 O Ol N O N 00 N O O . . . . . . (-Ni. . . . . . . . . . o d rn M 4 M O 4 LO O �n Lo LO o O c N N l0 N N Ol co Ol O N N O u1 m u1 I I- in - O r -I rl r -I r -I r -I r -I r, CO O rl 00 on ,A N u1 N Co' O O1 00 O1% I< 00 l0 l0 N% rl% O1 l0 c %-I rl l0 -1 r -I u1 l0 l0 M u1 l0 00 N rl rl N N N Ni O1 N N N in- -L/1- O% -I ▪ on -L/1- -(n- X -t1- -0- N } } Ni' �t/.1'- n- -v-(n- -v -- VI' W '(n- '(n- '(n - a) O1 O u1 N l0 u1 O u1 O O O O •U O1 O N <O u1 m O %-i O m %-i %-i n_ 4 M Ni O O Ni O rl rl rl ,-i O +, In- ii..)- ii)- -(1)- -(n- IA- N -V)- -V)- -(1)- If - -(n- . -Vn- C D C O N C a) X w W U O▪ _ C D O O O O O O -V1- i - O O O O d IA- in.. in - O O O O O rl O l0 rl O L.(1 O ▪ 00 N O N Ill >% N al O Ol l0 O1 O N O O 00 l0 rl I. +, O1 M N 00 LID 00 O1 l0 CO I1) u) cn rl N .+7, N M O1 N v -I 00 v -I t N 1.1) N N C O N N 00 N %-i 00 00 %-i l0 rl co on N O N %-I D r -I %-1 d Bituminous Fog Seal (25-504) 1 Bituminou: GAL Bituminous Seal Coat (25-504) Bituminou; GAL Bituminou; GAL Furnish & I SY Install Scre SY Furnish & I SY Screen Sal) Tons < m U 0 w L7 N N N (NI N N N M ▪ Li) (O N Crack Sealing (25-504) Crack Seali LF Crack Seali LF Crack Seali LF Crack Seali LF J J J J - L9 V / - O a) 2 J U J O C I`v>. ;2 � C C 0 O < CO U 0 W CO M M on on 00 O1 O rl N Pavement Markings (25-504) < 00 U 471- r d - or) ▪ Ln Base Bid Total: 13 CITY OF BURNSVILLE Burnsville, Minnesota City Of Burnsville CONSTRUCTION CONTRACT 2025 Street Maintenance JPA — Crack Sealing City Project No. 25-504 THIS CONSTRUCTION CONTRACT ("Contract") is made this 18th day of March, 2025, by and between the CITY OF BURNSVILLE, a Minnesota municipal corporation ("City") and Asphalt Surface Technologies Corporation , a Minnesota corporation ("Contractor"). City and Contractor, in consideration of the mutual covenants set forth herein, agree as follows: 1. Contract Documents. The following documents shall be referred to as the "Contract Documents," all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Contract. B. Plan Sheets dated February 21, 2025 C. Specifications dated February 21, 2025 D. Burnsville's General Conditions as amended by City of Burnsville Supplementary General Conditions. E. Contractor's Bid dated March 7, 2025 F. Performance Bond, Payment Bond, Certificate of Insurance. In the event of a conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts, with Contract Document "A" having the first priority and Contract Document "F" having the last priority. 2. Obligations of Contractor. Contractor shall provide the goods, services, and perform the Work, in accordance with the Contract Documents and in compliance with federal, state and local laws. This Contract may be terminated by the City at any time upon discovery by the City that Contractor or any of its subcontractors has submitted a false statement under oath verifying compliance with any of the minimum criteria set forth in Minnesota Statutes § 16C.285, subd. 3, the Responsible Contractor statute. City of Burnsville Construction Contract - 1 Revised October 2023 226943v2 14 3. Obligations of the City. The City agrees to pay and Contractor agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth to those in the accepted Contractor's Bid, the aggregate of which prices, based on the approximate schedule of quantities, is estimated to be $1,395,908.61 4. Payment Procedures. 4.1 Applications for Payment. Contractor shall submit Applications for Payment. Applications for Payment will be processed by City as provided in the General Conditions. 4.2 Progress Payments; Retainage. City shall make 95% progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment during performance of the Work or Contractor shall have the options regarding retaining in accordance with Minnesota Statues §§ 15.71 and 15.74. 4.3 Payments to Subcontractor. A. Prompt Payment to Subcontractors. Pursuant to Minnesota Statutes § 471.425, subd. 4a, Contractor must pay any subcontractor within ten (10) days of Contractor's receipt of payment from the City for undisputed services provided by the subcontractor. Contractor must pay interest of 1.5 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, Contractor shall pay the actual penalty due to the subcontractor. B. Form IC -134 required from general contractor. Minnesota Statutes § 290.92 requires that the City of Burnsville obtain a Withholding Affidavit for Contractors, Form IC -134, before making final payments to Contractors. This form needs to be submitted by Contractor to the Minnesota Department of Revenue for approval. The form is used to receive certification from the state that the vendor has complied with the requirement to withhold and remit state withholding taxes for employee salaries paid. 4.4 Final Payment. Upon final completion of the Work, City shall pay the remainder of the Contract Price as recommended by City. 5. Time of Performance. 5.1 The Work must be completed according to the amount of working days specified in the Section 1010 of the General Requirements of the project specifications (the "Completion Date"). 5.2 Contractor and City recognize that time is of the essence of this Contract and that City will suffer financial loss if the Work is not completed on or before the Completion Date, plus any extensions thereof allowed. The parties also recognize the delays, expense, and difficulties City of Burnsville Construction Contract - 2 Revised October 2023 226943v2 15 involved in proving in a legal or arbitration proceeding the actual loss suffered by City if the Work is not completed on time. Accordingly, instead of requiring any such proof, City and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay City the amount described in the Paragraph 33 of the General Conditions of the project specifications for each calendar day that expires after the Completion Date until the Work is complete. 6. Contractor's Representations. Contractor represents and warrants the following: 6.1 Contractor has examined and carefully studied the Contract Documents and other related data identified in the Contract Documents. 6.2 Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 6.3 Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. 6.4 Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the General Conditions; and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site. 6.5 Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and underground facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work, or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. 6.6 Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 6.7 Contractor is aware of the general nature of other work to be performed by City or others at the Site that relates to the Work as indicated in the Contract Documents. 6.8 Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. City of Burnsville Construction Contract - 3 Revised October 2023 226943v2 16 6.9 Contractor has given City written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by City is acceptable to Contractor. 6.10 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 6.11 Subcontracts. A. Unless otherwise specified in the Contract Documents, Contractor shall, upon receipt of the executed Contract Documents, submit in writing to the City the names of the subcontractors proposed for the work. Subcontractors may not be changed except at the request or with the consent of the City. B. Contractor is responsible to the City for the acts and omissions of Contractor's subcontractors, and of their direct and indirect employees, to the same extent as Contractor is responsible for the acts and omissions of Contractor's employees. C. The Contract Documents shall not be construed as creating any contractual relationship between the City and any subcontractor. D. Contractor shall bind every subcontractor by the terms of the Contract Documents. 7. Worker's Compensation. Pursuant to Minnesota Statutes § 176.182, Contractor must provide acceptable evidence of compliance with the state Workers' Compensation insurance requirements for all of its employees and, in case any part of the Work is subcontracted, Contractor will require its subcontractors to provide Workers' Compensation insurance or acceptable evidence of compliance in accordance with the statutory requirements of the State of Minnesota. 8. Commercial General Liability. Contractor shall obtain the following minimum insurance coverage by a single policy or combination of policies (including umbrella policies) and maintain it at all times throughout the life of the Contract, with the City of Burnsville endorsed as an additional insured. Contractor shall obtain any further insurance requirements stated elsewhere in the project specifications. Contractor shall furnish the City a certificate of insurance satisfactory to the City evidencing the required coverage: Bodily Injury: $2,000,000 each occurrence $2,000,000 aggregate products and completed operations Property Damage: $2,000,000 each occurrence $2,000,000 aggregate The Additional Insured coverage must be primary and non-contributory. Products and Completed Operations Insurance shall be maintained for a minimum period of three (3) years after final payment and Contractor shall continue to provide evidence of such coverage to City on an annual basis during City of Burnsville Construction Contract - 4 Revised October 2023 226943v2 17 the aforementioned period; or if any reason Contractor's work ceases before final payment, for a minimum period of three (3) years from the date Contractor ceases work. Coverages must be equivalent to that provided by ISO Forms CG 20 10 04 13 and CG 20 37 04 13. Property Damage Liability Insurance shall include coverage for the following hazards: X (Explosion) C (Collapse) U (Underground) For any contract involving the repair, maintenance or construction of property that involves the provision of equipment, supplies or materials to the City for projects greater than $100,000, Contractor shall obtain and maintain Builder's Risk insurance in an amount not less than the project or contract cost. Contractual Liability (identifying the contract): Bodily Injury: $2,000,000 each occurrence Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Personal Injury, with Employment Exclusion deleted: $2,000,000 aggregate Business Automobile Liability (owned, non -owned, hired): Bodily Injury & Property Damage: $2,000,000 each occurrence $2,000,000 each accident OR $2,000,000 Combined single limit Contractor shall submit a Certificate of Insurance to the City showing proof of the above -required insurance prior to doing any work. The City retains the right to revise the insurance requirements depending on the size and risk of the project. 9. Performance And Payment Bonds. Prior to commencement of work, Contractor shall furnish the City performance and payment bonds satisfying the requirements of Minnesota Statutes § 574.26 each in the amount of the contract price. 10. Warranty. Contractor guarantees that all new equipment warranties as specified within the bid shall be in full force and transferred to the City upon payment by the City. Contractor shall be held responsible for any and all defects in workmanship, materials, and City of Burnsville Construction Contract - 5 Revised October 2023 226943v2 18 equipment which may develop in any part of the contracted service, and upon proper notification by the City shall immediately replace, without cost to the City, any such faulty part or parts and damage done by reason of the same in accordance with the bid specifications. 11. Defense Obligation. To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless the City and its officials, employees, and agents, against claims, damages, losses and expenses, including reasonable attorneys' fees arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, other than the Work itself, but only to the extent caused by the negligent or wrongful acts or omissions of Contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable. 12. Non -Discrimination. Contractor shall comply with Minnesota Statutes § 181.59. 12.1 Contractor specifically agrees that in its hiring of employees under this Contract, Contractor will not, on the basis of race, creed, or color, discriminate against any person who is a citizen of the United States or any person is a resident alien who is qualified and available to perform work under this Contract or any subcontract made pursuant to it. Contractor further agrees that it will not, on the basis of race, color, or creed, discriminate against, or intimidate, or prevent the employment of any such persons; and once such persons are hired, Contractor will not, on the basis of race, creed, or color, prevent, or conspire to prevent, such persons from performing the work under this Contract or any subcontract made pursuant to it. 12.2 Contractor shall ensure compliance with this Section 12 by any of its subcontractors. 12.3 Contractor acknowledges that it understands that a violation of this Section 12 is a misdemeanor criminal offense. Contractor further acknowledges that this Contract may be cancelled or terminated by the City, with possible forfeiture of any money due or to become due for a second or subsequent violation of this Section 12. 13. Miscellaneous. 13.1. Terms, including but not limited to "Work" and "Site", used in this Contract have the meanings stated in the General Conditions. 13.2 City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 13.3 Severability. Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the City and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part with a valid and City of Burnsville Construction Contract - 6 Revised October 2023 226943v2 19 enforceable provision that comes as close as possible to expressing the intention of the stricken provisions. 13.4 Data Practices/Records. All data created, collected, received, maintained or disseminated for any purpose in the course of this Contract is governed by the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. All books, records, documents, and accounting procedures and practices of Contractor and its subcontractors, if any, relative to this Contract are subject to examination by the City. 13.5 Software License. If the equipment provided by Contractor pursuant to this Contract contains software, including that which the manufacturer may have embedded into the hardware as an integral part of the equipment, Contractor shall pay all software licensing fees. Contractor shall also pay for all software updating fees for a period of one year following cutover. Contractor shall have no obligation to pay for such fees thereafter. Nothing in the software license or licensing agreement shall obligate the City to pay any additional fees as a condition for continuing to use the software. 13.6 Assignment. Neither party may assign, sublet, or transfer any interest or obligation in this Contract without the prior written consent of the other party, and then only upon such terms and conditions as both parties may agree to and set forth in writing. 13.7 Waiver. In the particular event that either party shall at any time or times waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or any succeeding breach of this Contract by either party, whether of the same or any other covenant, condition or obligation. 13.8 Governing Law; Venue. The laws of the State of Minnesota govern the interpretation of this Contract. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Dakota County. 13.9 Entire Agreement. This Contract represents the entire agreement of the parties and is a final, complete, and all-inclusive statement of the terms agreed upon, and supersedes and terminates any prior agreement(s), understanding(s), or written or verbal representation(s) made between the parties. 13.10 Permits and Licenses; Rights -of- Way and Easements. Contractor shall procure all permits and licenses, pay all charges and fees for such permits and licenses, and shall give all notices necessary and incidental to the construction and completion of the Project. The City will obtain all necessary rights -of -way and easements. Contractor shall not be entitled to any additional compensation for any construction delay resulting from the City's not timely obtaining rights -of - way or easements. 13.11 Notices. Any notice required by this Contract to be delivered to the other party shall be in writing, and shall be either hand delivered to the other party; deposited in the United States Mail, to be delivered by certified or registered mail, return receipt requests; or deposited City of Burnsville Construction Contract - 7 Revised October 2023 226943v2 20 with an overnight courier to be delivered to the other party. Notices shall be delivered to the following address for each party: If to the City: City of Burnsville ATTN: City Manager 100 Civic Center Parkway Burnsville, MN 55337 If to Contractor^.• Asphalt Surface Technologies Corporation ATTN: Jessica Winter 8348 Ridgewood Rd. Saint Joseph, MN 56374 Each party may designate a new or alternate address by providing the same to the other party in writing. [Signature page follows] City of Burnsville Construction Contract - 8 Revised October 2023 226943v2 21 IN WITNESS WHEREOF, the parties have executed this Contract to be effective as of the date of the last signature affixed below. CITY OF BURNSVILLE ASPHALT SURFACE TECHNOLOGIES CORPORATION BY: BY: Elizabeth B. Kautz, Mayor Jessica Winter Its: Vice President BY: Date: Gregg M. Lindberg, City Manager Date: City of Burnsville Construction Contract - 9 Revised October 2023 226943v2 22 CITY OF BURNSVILLE Burnsville, Minnesota City Of Burnsville CONSTRUCTION CONTRACT 25-504 Street Maintenance Project — Bituminous Fog Seal City Project No. 25-504 THIS CONSTRUCTION CONTRACT ("Contract") is made this 18th day of March, 2025, by and between the CITY OF BURNSVILLE, a Minnesota municipal corporation ("City") and Pearson Brothers, Inc. , a Minnesota corporation ("Contractor"). City and Contractor, in consideration of the mutual covenants set forth herein, agree as follows: 1. Contract Documents. The following documents shall be referred to as the "Contract Documents," all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Contract. B. Plan Sheets dated February 21, 2025 C. Specifications dated February 21, 2025 D. Burnsville's General Conditions as amended by City of Burnsville Supplementary General Conditions. E. Contractor's Bid dated March 7, 2025. F. Performance Bond, Payment Bond, Certificate of Insurance. In the event of a conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts, with Contract Document "A" having the first priority and Contract Document "F" having the last priority. 2. Obligations of Contractor. Contractor shall provide the goods, services, and perform the Work, in accordance with the Contract Documents and in compliance with federal, state and local laws. This Contract may be terminated by the City at any time upon discovery by the City that Contractor or any of its subcontractors has submitted a false statement under oath verifying compliance with any of the minimum criteria set forth in Minnesota Statutes § 16C.285, subd. 3, the Responsible Contractor statute. City of Burnsville Construction Contract - 1 Revised October 2023 226943v2 23 3. Obligations of the City. The City agrees to pay and Contractor agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth to those in the accepted Contractor's Bid, the aggregate of which prices, based on the approximate schedule of quantities, is estimated to be $126,614.00 4. Payment Procedures. 4.1 Applications for Payment. Contractor shall submit Applications for Payment. Applications for Payment will be processed by City as provided in the General Conditions. 4.2 Progress Payments; Retainage. City shall make 95% progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment during performance of the Work or Contractor shall have the options regarding retaining in accordance with Minnesota Statues §§ 15.71 and 15.74. 4.3 Payments to Subcontractor. A. Prompt Payment to Subcontractors. Pursuant to Minnesota Statutes § 471.425, subd. 4a, Contractor must pay any subcontractor within ten (10) days of Contractor's receipt of payment from the City for undisputed services provided by the subcontractor. Contractor must pay interest of 1.5 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, Contractor shall pay the actual penalty due to the subcontractor. B. Form IC -134 required from general contractor. Minnesota Statutes § 290.92 requires that the City of Burnsville obtain a Withholding Affidavit for Contractors, Form IC -134, before making final payments to Contractors. This form needs to be submitted by Contractor to the Minnesota Department of Revenue for approval. The form is used to receive certification from the state that the vendor has complied with the requirement to withhold and remit state withholding taxes for employee salaries paid. 4.4 Final Payment. Upon final completion of the Work, City shall pay the remainder of the Contract Price as recommended by City. 5. Time of Performance. 5.1 The Work must be completed according to the amount of working days specified in the Section 1010 of the General Requirements of the project specifications (the "Completion Date"). 5.2 Contractor and City recognize that time is of the essence of this Contract and that City will suffer financial loss if the Work is not completed on or before the Completion Date, plus any extensions thereof allowed. The parties also recognize the delays, expense, and difficulties City of Burnsville Construction Contract - 2 Revised October 2023 226943v2 24 involved in proving in a legal or arbitration proceeding the actual loss suffered by City if the Work is not completed on time. Accordingly, instead of requiring any such proof, City and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay City the amount described in the Paragraph 33 of the General Conditions of the project specifications for each calendar day that expires after the Completion Date until the Work is complete. 6. Contractor's Representations. Contractor represents and warrants the following: 6.1 Contractor has examined and carefully studied the Contract Documents and other related data identified in the Contract Documents. 6.2 Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 6.3 Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. 6.4 Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the General Conditions; and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site. 6.5 Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and underground facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work, or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. 6.6 Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 6.7 Contractor is aware of the general nature of other work to be performed by City or others at the Site that relates to the Work as indicated in the Contract Documents. 6.8 Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. City of Burnsville Construction Contract - 3 Revised October 2023 226943v2 25 6.9 Contractor has given City written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by City is acceptable to Contractor. 6.10 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 6.11 Subcontracts. A. Unless otherwise specified in the Contract Documents, Contractor shall, upon receipt of the executed Contract Documents, submit in writing to the City the names of the subcontractors proposed for the work. Subcontractors may not be changed except at the request or with the consent of the City. B. Contractor is responsible to the City for the acts and omissions of Contractor's subcontractors, and of their direct and indirect employees, to the same extent as Contractor is responsible for the acts and omissions of Contractor's employees. C. The Contract Documents shall not be construed as creating any contractual relationship between the City and any subcontractor. D. Contractor shall bind every subcontractor by the terms of the Contract Documents. 7. Worker's Compensation. Pursuant to Minnesota Statutes § 176.182, Contractor must provide acceptable evidence of compliance with the state Workers' Compensation insurance requirements for all of its employees and, in case any part of the Work is subcontracted, Contractor will require its subcontractors to provide Workers' Compensation insurance or acceptable evidence of compliance in accordance with the statutory requirements of the State of Minnesota. 8. Commercial General Liability. Contractor shall obtain the following minimum insurance coverage by a single policy or combination of policies (including umbrella policies) and maintain it at all times throughout the life of the Contract, with the City of Burnsville endorsed as an additional insured. Contractor shall obtain any further insurance requirements stated elsewhere in the project specifications. Contractor shall furnish the City a certificate of insurance satisfactory to the City evidencing the required coverage: Bodily Injury: $2,000,000 each occurrence $2,000,000 aggregate products and completed operations Property Damage: $2,000,000 each occurrence $2,000,000 aggregate The Additional Insured coverage must be primary and non-contributory. Products and Completed Operations Insurance shall be maintained for a minimum period of three (3) years after final payment and Contractor shall continue to provide evidence of such coverage to City on an annual basis during City of Burnsville Construction Contract - 4 Revised October 2023 226943v2 26 the aforementioned period; or if any reason Contractor's work ceases before final payment, for a minimum period of three (3) years from the date Contractor ceases work. Coverages must be equivalent to that provided by ISO Forms CG 20 10 04 13 and CG 20 37 04 13. Property Damage Liability Insurance shall include coverage for the following hazards: X (Explosion) C (Collapse) U (Underground) For any contract involving the repair, maintenance or construction of property that involves the provision of equipment, supplies or materials to the City for projects greater than $100,000, Contractor shall obtain and maintain Builder's Risk insurance in an amount not less than the project or contract cost. Contractual Liability (identifying the contract): Bodily Injury: $2,000,000 each occurrence Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Personal Injury, with Employment Exclusion deleted: $2,000,000 aggregate Business Automobile Liability (owned, non -owned, hired): Bodily Injury & Property Damage: $2,000,000 each occurrence $2,000,000 each accident OR $2,000,000 Combined single limit Contractor shall submit a Certificate of Insurance to the City showing proof of the above -required insurance prior to doing any work. The City retains the right to revise the insurance requirements depending on the size and risk of the project. 9. Performance And Payment Bonds. Prior to commencement of work, Contractor shall furnish the City performance and payment bonds satisfying the requirements of Minnesota Statutes § 574.26 each in the amount of the contract price. 10. Warranty. Contractor guarantees that all new equipment warranties as specified within the bid shall be in full force and transferred to the City upon payment by the City. Contractor shall be held responsible for any and all defects in workmanship, materials, and City of Burnsville Construction Contract - 5 Revised October 2023 226943v2 27 equipment which may develop in any part of the contracted service, and upon proper notification by the City shall immediately replace, without cost to the City, any such faulty part or parts and damage done by reason of the same in accordance with the bid specifications. 11. Defense Obligation. To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless the City and its officials, employees, and agents, against claims, damages, losses and expenses, including reasonable attorneys' fees arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, other than the Work itself, but only to the extent caused by the negligent or wrongful acts or omissions of Contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable. 12. Non -Discrimination. Contractor shall comply with Minnesota Statutes § 181.59. 12.1 Contractor specifically agrees that in its hiring of employees under this Contract, Contractor will not, on the basis of race, creed, or color, discriminate against any person who is a citizen of the United States or any person is a resident alien who is qualified and available to perform work under this Contract or any subcontract made pursuant to it. Contractor further agrees that it will not, on the basis of race, color, or creed, discriminate against, or intimidate, or prevent the employment of any such persons; and once such persons are hired, Contractor will not, on the basis of race, creed, or color, prevent, or conspire to prevent, such persons from performing the work under this Contract or any subcontract made pursuant to it. 12.2 Contractor shall ensure compliance with this Section 12 by any of its subcontractors. 12.3 Contractor acknowledges that it understands that a violation of this Section 12 is a misdemeanor criminal offense. Contractor further acknowledges that this Contract may be cancelled or terminated by the City, with possible forfeiture of any money due or to become due for a second or subsequent violation of this Section 12. 13. Miscellaneous. 13.1. Terms, including but not limited to "Work" and "Site", used in this Contract have the meanings stated in the General Conditions. 13.2 City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 13.3 Severability. Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the City and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part with a valid and City of Burnsville Construction Contract - 6 Revised October 2023 226943v2 28 enforceable provision that comes as close as possible to expressing the intention of the stricken provisions. 13.4 Data Practices/Records. All data created, collected, received, maintained or disseminated for any purpose in the course of this Contract is governed by the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. All books, records, documents, and accounting procedures and practices of Contractor and its subcontractors, if any, relative to this Contract are subject to examination by the City. 13.5 Software License. If the equipment provided by Contractor pursuant to this Contract contains software, including that which the manufacturer may have embedded into the hardware as an integral part of the equipment, Contractor shall pay all software licensing fees. Contractor shall also pay for all software updating fees for a period of one year following cutover. Contractor shall have no obligation to pay for such fees thereafter. Nothing in the software license or licensing agreement shall obligate the City to pay any additional fees as a condition for continuing to use the software. 13.6 Assignment. Neither party may assign, sublet, or transfer any interest or obligation in this Contract without the prior written consent of the other party, and then only upon such terms and conditions as both parties may agree to and set forth in writing. 13.7 Waiver. In the particular event that either party shall at any time or times waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or any succeeding breach of this Contract by either party, whether of the same or any other covenant, condition or obligation. 13.8 Governing Law; Venue. The laws of the State of Minnesota govern the interpretation of this Contract. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Dakota County. 13.9 Entire Agreement. This Contract represents the entire agreement of the parties and is a final, complete, and all-inclusive statement of the terms agreed upon, and supersedes and terminates any prior agreement(s), understanding(s), or written or verbal representation(s) made between the parties. 13.10 Permits and Licenses; Rights -of- Way and Easements. Contractor shall procure all permits and licenses, pay all charges and fees for such permits and licenses, and shall give all notices necessary and incidental to the construction and completion of the Project. The City will obtain all necessary rights -of -way and easements. Contractor shall not be entitled to any additional compensation for any construction delay resulting from the City's not timely obtaining rights -of - way or easements. 13.11 Notices. Any notice required by this Contract to be delivered to the other party shall be in writing, and shall be either hand delivered to the other party; deposited in the United States Mail, to be delivered by certified or registered mail, return receipt requests; or deposited City of Burnsville Construction Contract - 7 Revised October 2023 226943v2 29 with an overnight courier to be delivered to the other party. Notices shall be delivered to the following address for each party: If to the City: City of Burnsville ATTN: City Manager 100 Civic Center Parkway Burnsville, MN 55337 If to Contractor: Pearson Brothers, Inc. ATTN: Jack Pearson 11079 Lamont Ave. NE Hanover, MN 55341 Each party may designate a new or alternate address by providing the same to the other party in writing. [Signature page follows] City of Burnsville Construction Contract - 8 Revised October 2023 226943v2 30 IN WITNESS WHEREOF, the parties have executed this Contract to be effective as of the date of the last signature affixed below. CITY OF BURNSVILLE PEARSON BROTHERS, INC. BY: BY: Elizabeth B. Kautz, Mayor Jack Pearson Its: President BY: Date: Gregg M. Lindberg, City Manager Date: City of Burnsville Revised October 2023 226943v2 Construction Contract - 9 31 CITY OF BURNSVILLE Burnsville, Minnesota City Of Burnsville CONSTRUCTION CONTRACT 25-504 Street Maintenance Project — Bituminous Seal Coat City Project No. 25-504 THIS CONSTRUCTION CONTRACT ("Contract") is made this 18th day of March, 2025, by and between the CITY OF BURNSVILLE, a Minnesota municipal corporation ("City") and Pearson Brothers, Inc., a Minnesota corporation ("Contractor"). City and Contractor, in consideration of the mutual covenants set forth herein, agree as follows: 1. Contract Documents. The following documents shall be referred to as the "Contract Documents," all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Contract. B. Plan Sheets dated February 21, 2025 C. Specifications dated February 21, 2025 D. Burnsville's General Conditions as amended by City of Burnsville Supplementary General Conditions. E. Contractor's Bid dated March 7, 2025 F. Performance Bond, Payment Bond, Certificate of Insurance. In the event of a conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts, with Contract Document "A" having the first priority and Contract Document "F" having the last priority. 2. Obligations of Contractor. Contractor shall provide the goods, services, and perform the Work, in accordance with the Contract Documents and in compliance with federal, state and local laws. This Contract may be terminated by the City at any time upon discovery by the City that Contractor or any of its subcontractors has submitted a false statement under oath verifying compliance with any of the minimum criteria set forth in Minnesota Statutes § 16C.285, subd. 3, the Responsible Contractor statute. City of Burnsville Construction Contract - 1 Revised October 2023 226943v2 32 3. Obligations of the City. The City agrees to pay and Contractor agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth to those in the accepted Contractor's Bid, the aggregate of which prices, based on the approximate schedule of quantities, is estimated to be $2,096,686.88. 4. Payment Procedures. 4.1 Applications for Payment. Contractor shall submit Applications for Payment. Applications for Payment will be processed by City as provided in the General Conditions. 4.2 Progress Payments; Retainage. City shall make 95% progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment during performance of the Work or Contractor shall have the options regarding retaining in accordance with Minnesota Statues §§ 15.71 and 15.74. 4.3 Payments to Subcontractor. A. Prompt Payment to Subcontractors. Pursuant to Minnesota Statutes § 471.425, subd. 4a, Contractor must pay any subcontractor within ten (10) days of Contractor's receipt of payment from the City for undisputed services provided by the subcontractor. Contractor must pay interest of 1.5 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, Contractor shall pay the actual penalty due to the subcontractor. B. Form IC -134 required from general contractor. Minnesota Statutes § 290.92 requires that the City of Burnsville obtain a Withholding Affidavit for Contractors, Form IC -134, before making final payments to Contractors. This form needs to be submitted by Contractor to the Minnesota Department of Revenue for approval. The form is used to receive certification from the state that the vendor has complied with the requirement to withhold and remit state withholding taxes for employee salaries paid. 4.4 Final Payment. Upon final completion of the Work, City shall pay the remainder of the Contract Price as recommended by City. 5. Time of Performance. 5.1 The Work must be completed according to the amount of working days specified in the Section 1010 of the General Requirements of the project specifications (the "Completion Date"). 5.2 Contractor and City recognize that time is of the essence of this Contract and that City will suffer financial loss if the Work is not completed on or before the Completion Date, plus any extensions thereof allowed. The parties also recognize the delays, expense, and difficulties City of Burnsville Construction Contract - 2 Revised October 2023 226943v2 33 involved in proving in a legal or arbitration proceeding the actual loss suffered by City if the Work is not completed on time. Accordingly, instead of requiring any such proof, City and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay City the amount described in the Paragraph 33 of the General Conditions of the project specifications for each calendar day that expires after the Completion Date until the Work is complete. 6. Contractor's Representations. Contractor represents and warrants the following: 6.1 Contractor has examined and carefully studied the Contract Documents and other related data identified in the Contract Documents. 6.2 Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 6.3 Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. 6.4 Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the General Conditions; and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site. 6.5 Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and underground facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work, or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. 6.6 Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 6.7 Contractor is aware of the general nature of other work to be performed by City or others at the Site that relates to the Work as indicated in the Contract Documents. 6.8 Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. City of Burnsville Construction Contract - 3 Revised October 2023 226943v2 34 6.9 Contractor has given City written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by City is acceptable to Contractor. 6.10 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 6.11 Subcontracts. A. Unless otherwise specified in the Contract Documents, Contractor shall, upon receipt of the executed Contract Documents, submit in writing to the City the names of the subcontractors proposed for the work. Subcontractors may not be changed except at the request or with the consent of the City. B. Contractor is responsible to the City for the acts and omissions of Contractor's subcontractors, and of their direct and indirect employees, to the same extent as Contractor is responsible for the acts and omissions of Contractor's employees. C. The Contract Documents shall not be construed as creating any contractual relationship between the City and any subcontractor. D. Contractor shall bind every subcontractor by the terms of the Contract Documents. 7. Worker's Compensation. Pursuant to Minnesota Statutes § 176.182, Contractor must provide acceptable evidence of compliance with the state Workers' Compensation insurance requirements for all of its employees and, in case any part of the Work is subcontracted, Contractor will require its subcontractors to provide Workers' Compensation insurance or acceptable evidence of compliance in accordance with the statutory requirements of the State of Minnesota. 8. Commercial General Liability. Contractor shall obtain the following minimum insurance coverage by a single policy or combination of policies (including umbrella policies) and maintain it at all times throughout the life of the Contract, with the City of Burnsville endorsed as an additional insured. Contractor shall obtain any further insurance requirements stated elsewhere in the project specifications. Contractor shall furnish the City a certificate of insurance satisfactory to the City evidencing the required coverage: Bodily Injury: $2,000,000 each occurrence $2,000,000 aggregate products and completed operations Property Damage: $2,000,000 each occurrence $2,000,000 aggregate The Additional Insured coverage must be primary and non-contributory. Products and Completed Operations Insurance shall be maintained for a minimum period of three (3) years after final payment and Contractor shall continue to provide evidence of such coverage to City on an annual basis during City of Burnsville Construction Contract - 4 Revised October 2023 226943v2 35 the aforementioned period; or if any reason Contractor's work ceases before final payment, for a minimum period of three (3) years from the date Contractor ceases work. Coverages must be equivalent to that provided by ISO Forms CG 20 10 04 13 and CG 20 37 04 13. Property Damage Liability Insurance shall include coverage for the following hazards: X (Explosion) C (Collapse) U (Underground) For any contract involving the repair, maintenance or construction of property that involves the provision of equipment, supplies or materials to the City for projects greater than $100,000, Contractor shall obtain and maintain Builder's Risk insurance in an amount not less than the project or contract cost. Contractual Liability (identifying the contract): Bodily Injury: $2,000,000 each occurrence Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Personal Injury, with Employment Exclusion deleted: $2,000,000 aggregate Business Automobile Liability (owned, non -owned, hired): Bodily Injury & Property Damage: $2,000,000 each occurrence $2,000,000 each accident OR $2,000,000 Combined single limit Contractor shall submit a Certificate of Insurance to the City showing proof of the above -required insurance prior to doing any work. The City retains the right to revise the insurance requirements depending on the size and risk of the project. 9. Performance And Payment Bonds. Prior to commencement of work, Contractor shall furnish the City performance and payment bonds satisfying the requirements of Minnesota Statutes § 574.26 each in the amount of the contract price. 10. Warranty. Contractor guarantees that all new equipment warranties as specified within the bid shall be in full force and transferred to the City upon payment by the City. Contractor shall be held responsible for any and all defects in workmanship, materials, and City of Burnsville Construction Contract - 5 Revised October 2023 226943v2 36 equipment which may develop in any part of the contracted service, and upon proper notification by the City shall immediately replace, without cost to the City, any such faulty part or parts and damage done by reason of the same in accordance with the bid specifications. 11. Defense Obligation. To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless the City and its officials, employees, and agents, against claims, damages, losses and expenses, including reasonable attorneys' fees arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, other than the Work itself, but only to the extent caused by the negligent or wrongful acts or omissions of Contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable. 12. Non -Discrimination. Contractor shall comply with Minnesota Statutes § 181.59. 12.1 Contractor specifically agrees that in its hiring of employees under this Contract, Contractor will not, on the basis of race, creed, or color, discriminate against any person who is a citizen of the United States or any person is a resident alien who is qualified and available to perform work under this Contract or any subcontract made pursuant to it. Contractor further agrees that it will not, on the basis of race, color, or creed, discriminate against, or intimidate, or prevent the employment of any such persons; and once such persons are hired, Contractor will not, on the basis of race, creed, or color, prevent, or conspire to prevent, such persons from performing the work under this Contract or any subcontract made pursuant to it. 12.2 Contractor shall ensure compliance with this Section 12 by any of its subcontractors. 12.3 Contractor acknowledges that it understands that a violation of this Section 12 is a misdemeanor criminal offense. Contractor further acknowledges that this Contract may be cancelled or terminated by the City, with possible forfeiture of any money due or to become due for a second or subsequent violation of this Section 12. 13. Miscellaneous. 13.1. Terms, including but not limited to "Work" and "Site", used in this Contract have the meanings stated in the General Conditions. 13.2 City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 13.3 Severability. Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the City and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part with a valid and City of Burnsville Construction Contract - 6 Revised October 2023 226943v2 37 enforceable provision that comes as close as possible to expressing the intention of the stricken provisions. 13.4 Data Practices/Records. All data created, collected, received, maintained or disseminated for any purpose in the course of this Contract is governed by the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. All books, records, documents, and accounting procedures and practices of Contractor and its subcontractors, if any, relative to this Contract are subject to examination by the City. 13.5 Software License. If the equipment provided by Contractor pursuant to this Contract contains software, including that which the manufacturer may have embedded into the hardware as an integral part of the equipment, Contractor shall pay all software licensing fees. Contractor shall also pay for all software updating fees for a period of one year following cutover. Contractor shall have no obligation to pay for such fees thereafter. Nothing in the software license or licensing agreement shall obligate the City to pay any additional fees as a condition for continuing to use the software. 13.6 Assignment. Neither party may assign, sublet, or transfer any interest or obligation in this Contract without the prior written consent of the other party, and then only upon such terms and conditions as both parties may agree to and set forth in writing. 13.7 Waiver. In the particular event that either party shall at any time or times waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or any succeeding breach of this Contract by either party, whether of the same or any other covenant, condition or obligation. 13.8 Governing Law; Venue. The laws of the State of Minnesota govern the interpretation of this Contract. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Dakota County. 13.9 Entire Agreement. This Contract represents the entire agreement of the parties and is a final, complete, and all-inclusive statement of the terms agreed upon, and supersedes and terminates any prior agreement(s), understanding(s), or written or verbal representation(s) made between the parties. 13.10 Permits and Licenses; Rights -of- Way and Easements. Contractor shall procure all permits and licenses, pay all charges and fees for such permits and licenses, and shall give all notices necessary and incidental to the construction and completion of the Project. The City will obtain all necessary rights -of -way and easements. Contractor shall not be entitled to any additional compensation for any construction delay resulting from the City's not timely obtaining rights -of - way or easements. 13.11 Notices. Any notice required by this Contract to be delivered to the other party shall be in writing, and shall be either hand delivered to the other party; deposited in the United States Mail, to be delivered by certified or registered mail, return receipt requests; or deposited City of Burnsville Construction Contract - 7 Revised October 2023 226943v2 38 with an overnight courier to be delivered to the other party. Notices shall be delivered to the following address for each party: If to the City: City of Burnsville ATTN: City Manager 100 Civic Center Parkway Burnsville, MN 55337 If to Contractor: Pearson Brothers, Inc. ATTN: Jack Pearson 11079 Lamont Ave. NE Hanover, MN 55341 Each party may designate a new or alternate address by providing the same to the other party in writing. [Signature page follows] City of Burnsville Construction Contract - 8 Revised October 2023 226943v2 39 IN WITNESS WHEREOF, the parties have executed this Contract to be effective as of the date of the last signature affixed below. CITY OF BURNSVILLE PEARSON BROTHERS, INC. BY: BY: Elizabeth B. Kautz, Mayor Jack Pearson Its: President BY: Date: Gregg M. Lindberg, City Manager Date: City of Burnsville Revised October 2023 226943v2 Construction Contract - 9 40 CITY OF BURNSVILLE Burnsville, Minnesota City Of Burnsville CONSTRUCTION CONTRACT 2025 Street Maintenance JPA — Pavement Markings City Project No. 25-504 THIS CONSTRUCTION CONTRACT ("Contract") is made this 18th day of March, 2025, by and between the CITY OF BURNSVILLE, a Minnesota municipal corporation ("City") and Sir Lines -A -Lot , a Minnesota LLC ("Contractor"). City and Contractor, in consideration of the mutual covenants set forth herein, agree as follows: 1. Contract Documents. The following documents shall be referred to as the "Contract Documents," all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Contract. B. Plan Sheets dated February 21, 2025 C. Specifications dated February 21, 2025 D. Burnsville's General Conditions as amended by City of Burnsville Supplementary General Conditions. E. Contractor's Bid dated March 7, 2025 F. Performance Bond, Payment Bond, Certificate of Insurance. In the event of a conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts, with Contract Document "A" having the first priority and Contract Document "F" having the last priority. 2. Obligations of Contractor. Contractor shall provide the goods, services, and perform the Work, in accordance with the Contract Documents and in compliance with federal, state and local laws. This Contract may be terminated by the City at any time upon discovery by the City that Contractor or any of its subcontractors has submitted a false statement under oath verifying compliance with any of the minimum criteria set forth in Minnesota Statutes § 16C.285, subd. 3, the Responsible Contractor statute. City of Burnsville Construction Contract - 1 Revised October 2023 226943v2 41 3. Obligations of the City. The City agrees to pay and Contractor agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth to those in the accepted Contractor's Bid, the aggregate of which prices, based on the approximate schedule of quantities, is estimated to be $881,230.00. 4. Payment Procedures. 4.1 Applications for Payment. Contractor shall submit Applications for Payment. Applications for Payment will be processed by City as provided in the General Conditions. 4.2 Progress Payments; Retainage. City shall make 95% progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment during performance of the Work or Contractor shall have the options regarding retaining in accordance with Minnesota Statues §§ 15.71 and 15.74. 4.3 Payments to Subcontractor. A. Prompt Payment to Subcontractors. Pursuant to Minnesota Statutes § 471.425, subd. 4a, Contractor must pay any subcontractor within ten (10) days of Contractor's receipt of payment from the City for undisputed services provided by the subcontractor. Contractor must pay interest of 1.5 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, Contractor shall pay the actual penalty due to the subcontractor. B. Form IC -134 required from general contractor. Minnesota Statutes § 290.92 requires that the City of Burnsville obtain a Withholding Affidavit for Contractors, Form IC -134, before making final payments to Contractors. This form needs to be submitted by Contractor to the Minnesota Department of Revenue for approval. The form is used to receive certification from the state that the vendor has complied with the requirement to withhold and remit state withholding taxes for employee salaries paid. 4.4 Final Payment. Upon final completion of the Work, City shall pay the remainder of the Contract Price as recommended by City. 5. Time of Performance. 5.1 The Work must be completed according to the amount of working days specified in the Section 1010 of the General Requirements of the project specifications (the "Completion Date"). 5.2 Contractor and City recognize that time is of the essence of this Contract and that City will suffer financial loss if the Work is not completed on or before the Completion Date, plus any extensions thereof allowed. The parties also recognize the delays, expense, and difficulties City of Burnsville Construction Contract - 2 Revised October 2023 226943v2 42 involved in proving in a legal or arbitration proceeding the actual loss suffered by City if the Work is not completed on time. Accordingly, instead of requiring any such proof, City and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay City the amount described in the Paragraph 33 of the General Conditions of the project specifications for each calendar day that expires after the Completion Date until the Work is complete. 6. Contractor's Representations. Contractor represents and warrants the following: 6.1 Contractor has examined and carefully studied the Contract Documents and other related data identified in the Contract Documents. 6.2 Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 6.3 Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. 6.4 Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the General Conditions; and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site. 6.5 Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and underground facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work, or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. 6.6 Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 6.7 Contractor is aware of the general nature of other work to be performed by City or others at the Site that relates to the Work as indicated in the Contract Documents. 6.8 Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. City of Burnsville Construction Contract - 3 Revised October 2023 226943v2 43 6.9 Contractor has given City written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by City is acceptable to Contractor. 6.10 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 6.11 Subcontracts. A. Unless otherwise specified in the Contract Documents, Contractor shall, upon receipt of the executed Contract Documents, submit in writing to the City the names of the subcontractors proposed for the work. Subcontractors may not be changed except at the request or with the consent of the City. B. Contractor is responsible to the City for the acts and omissions of Contractor's subcontractors, and of their direct and indirect employees, to the same extent as Contractor is responsible for the acts and omissions of Contractor's employees. C. The Contract Documents shall not be construed as creating any contractual relationship between the City and any subcontractor. D. Contractor shall bind every subcontractor by the terms of the Contract Documents. 7. Worker's Compensation. Pursuant to Minnesota Statutes § 176.182, Contractor must provide acceptable evidence of compliance with the state Workers' Compensation insurance requirements for all of its employees and, in case any part of the Work is subcontracted, Contractor will require its subcontractors to provide Workers' Compensation insurance or acceptable evidence of compliance in accordance with the statutory requirements of the State of Minnesota. 8. Commercial General Liability. Contractor shall obtain the following minimum insurance coverage by a single policy or combination of policies (including umbrella policies) and maintain it at all times throughout the life of the Contract, with the City of Burnsville endorsed as an additional insured. Contractor shall obtain any further insurance requirements stated elsewhere in the project specifications. Contractor shall furnish the City a certificate of insurance satisfactory to the City evidencing the required coverage: Bodily Injury: $2,000,000 each occurrence $2,000,000 aggregate products and completed operations Property Damage: $2,000,000 each occurrence $2,000,000 aggregate The Additional Insured coverage must be primary and non-contributory. Products and Completed Operations Insurance shall be maintained for a minimum period of three (3) years after final payment and Contractor shall continue to provide evidence of such coverage to City on an annual basis during City of Burnsville Construction Contract - 4 Revised October 2023 226943v2 44 the aforementioned period; or if any reason Contractor's work ceases before final payment, for a minimum period of three (3) years from the date Contractor ceases work. Coverages must be equivalent to that provided by ISO Forms CG 20 10 04 13 and CG 20 37 04 13. Property Damage Liability Insurance shall include coverage for the following hazards: X (Explosion) C (Collapse) U (Underground) For any contract involving the repair, maintenance or construction of property that involves the provision of equipment, supplies or materials to the City for projects greater than $100,000, Contractor shall obtain and maintain Builder's Risk insurance in an amount not less than the project or contract cost. Contractual Liability (identifying the contract): Bodily Injury: $2,000,000 each occurrence Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Personal Injury, with Employment Exclusion deleted: $2,000,000 aggregate Business Automobile Liability (owned, non -owned, hired): Bodily Injury & Property Damage: $2,000,000 each occurrence $2,000,000 each accident OR $2,000,000 Combined single limit Contractor shall submit a Certificate of Insurance to the City showing proof of the above -required insurance prior to doing any work. The City retains the right to revise the insurance requirements depending on the size and risk of the project. 9. Performance And Payment Bonds. Prior to commencement of work, Contractor shall furnish the City performance and payment bonds satisfying the requirements of Minnesota Statutes § 574.26 each in the amount of the contract price. 10. Warranty. Contractor guarantees that all new equipment warranties as specified within the bid shall be in full force and transferred to the City upon payment by the City. Contractor shall be held responsible for any and all defects in workmanship, materials, and City of Burnsville Construction Contract - 5 Revised October 2023 226943v2 45 equipment which may develop in any part of the contracted service, and upon proper notification by the City shall immediately replace, without cost to the City, any such faulty part or parts and damage done by reason of the same in accordance with the bid specifications. 11. Defense Obligation. To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless the City and its officials, employees, and agents, against claims, damages, losses and expenses, including reasonable attorneys' fees arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, other than the Work itself, but only to the extent caused by the negligent or wrongful acts or omissions of Contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable. 12. Non -Discrimination. Contractor shall comply with Minnesota Statutes § 181.59. 12.1 Contractor specifically agrees that in its hiring of employees under this Contract, Contractor will not, on the basis of race, creed, or color, discriminate against any person who is a citizen of the United States or any person is a resident alien who is qualified and available to perform work under this Contract or any subcontract made pursuant to it. Contractor further agrees that it will not, on the basis of race, color, or creed, discriminate against, or intimidate, or prevent the employment of any such persons; and once such persons are hired, Contractor will not, on the basis of race, creed, or color, prevent, or conspire to prevent, such persons from performing the work under this Contract or any subcontract made pursuant to it. 12.2 Contractor shall ensure compliance with this Section 12 by any of its subcontractors. 12.3 Contractor acknowledges that it understands that a violation of this Section 12 is a misdemeanor criminal offense. Contractor further acknowledges that this Contract may be cancelled or terminated by the City, with possible forfeiture of any money due or to become due for a second or subsequent violation of this Section 12. 13. Miscellaneous. 13.1. Terms, including but not limited to "Work" and "Site", used in this Contract have the meanings stated in the General Conditions. 13.2 City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 13.3 Severability. Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the City and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part with a valid and City of Burnsville Construction Contract - 6 Revised October 2023 226943v2 46 enforceable provision that comes as close as possible to expressing the intention of the stricken provisions. 13.4 Data Practices/Records. All data created, collected, received, maintained or disseminated for any purpose in the course of this Contract is governed by the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. All books, records, documents, and accounting procedures and practices of Contractor and its subcontractors, if any, relative to this Contract are subject to examination by the City. 13.5 Software License. If the equipment provided by Contractor pursuant to this Contract contains software, including that which the manufacturer may have embedded into the hardware as an integral part of the equipment, Contractor shall pay all software licensing fees. Contractor shall also pay for all software updating fees for a period of one year following cutover. Contractor shall have no obligation to pay for such fees thereafter. Nothing in the software license or licensing agreement shall obligate the City to pay any additional fees as a condition for continuing to use the software. 13.6 Assignment. Neither party may assign, sublet, or transfer any interest or obligation in this Contract without the prior written consent of the other party, and then only upon such terms and conditions as both parties may agree to and set forth in writing. 13.7 Waiver. In the particular event that either party shall at any time or times waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or any succeeding breach of this Contract by either party, whether of the same or any other covenant, condition or obligation. 13.8 Governing Law; Venue. The laws of the State of Minnesota govern the interpretation of this Contract. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Dakota County. 13.9 Entire Agreement. This Contract represents the entire agreement of the parties and is a final, complete, and all-inclusive statement of the terms agreed upon, and supersedes and terminates any prior agreement(s), understanding(s), or written or verbal representation(s) made between the parties. 13.10 Permits and Licenses; Rights -of- Way and Easements. Contractor shall procure all permits and licenses, pay all charges and fees for such permits and licenses, and shall give all notices necessary and incidental to the construction and completion of the Project. The City will obtain all necessary rights -of -way and easements. Contractor shall not be entitled to any additional compensation for any construction delay resulting from the City's not timely obtaining rights -of - way or easements. 13.11 Notices. Any notice required by this Contract to be delivered to the other party shall be in writing, and shall be either hand delivered to the other party; deposited in the United States Mail, to be delivered by certified or registered mail, return receipt requests; or deposited City of Burnsville Construction Contract - 7 Revised October 2023 226943v2 47 with an overnight courier to be delivered to the other party. Notices shall be delivered to the following address for each party: If to the City: City of Burnsville ATTN: City Manager 100 Civic Center Parkway Burnsville, MN 55337 If to Contractor: Sir Lines -A -Lot ATTN: Chaise VanOverbeke 7175 Cahill Road Edina, MN 55439 Each party may designate a new or alternate address by providing the same to the other party in writing. [Signature page follows] City of Burnsville Construction Contract - 8 Revised October 2023 226943v2 48 IN WITNESS WHEREOF, the parties have executed this Contract to be effective as of the date of the last signature affixed below. CITY OF BURNSVILLE SIR LINES -A -LOT BY: BY: Elizabeth B. Kautz, Mayor Chaise VanOverbeke Its: President BY: Date: Gregg M. Lindberg, City Manager Date: City of Burnsville Construction Contract - 9 Revised October 2023 226943v2 49 2025 thru 2029 Capital Improvement Plan Shakopee, MN Project # CIF -25-004 Project Name Annual Pavement Rehabilitation Total Project Cost $1,095,000 Department Capital Improvements Fund Category Street Paving Status Active Accounting Code 5954/6954 Project Code CI2411 Contact Type Priority Useful Life Fund City Engineer Improvement 1- Have to do 7 years Capital Improvement Fund Description The 2025 project is for the rehabilitation of the bituminous roadways for 6th Avenue from Spencer Street to Main Street, 7th Avenue from Spencer Street to Dakota Street, 8th Avenue from Spencer Street to Dakota Street, Shakopee Avenue from Main Street to Market Street, Spencer Street from Shakopee Avenue to 10th Avenue, Main Street from 6th Avenue to 10th Avenue, Minnesota Street from 7th Avenue to 10th Avenue and Dakota Street from 4th Avenue to 10th Avenue. 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 2025 2026 2027 2028 2029 Total Construction/Maintenance 204,000 40,000 221,000 229,500 238,000 932,500 Engineering/Administration Total Funding Sources Capital Improvement Fund 36,000 240,000 5,000 45,000 39,000 260,000 40,500 270,000 42,000 280,000 162,500 1,095,000 Total 2025 2026 2027 2028 2029 Total — 240,000 45,000 260,000 270,000 280,000 1,095,000 240,000 45,000 260,000 270,000 280,000 1,095,000 Budget Impact 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. Produced Using Plan -It CIP Software 52 50 2025 thru 2029 Capital Improvement Plan Shakopee, MN Project # Project Name CIF -25-004 Annual Pavement Rehabilitation Contact Department None None Capital Improvements Fund 2025 CIP Rehabilitation Projects 2025 Rehabilitation Produced Using Plan -It CIP Software 53 51 i _ MeeeN N SHAKOPEE Agenda Item: Prepared by: Reviewed by: Shakopee City Council 5.c April 1, 2025 Hiring of Park Foreperson - Public Works. Keith Raines, Parks Supervisor Action to be considered: Approve the hiring and pay grade 160 step 6, $42.94 per hour plus x.50/hour for certification pay (chemical applicator license), of Mike Frassel for the open Park Foreperson role. Motion Type: Simple Majority Background: The recent resignation of Tyler Menden has opened up the Park Foreperson position. This is a critical role that requires organization, and communication. Fortunately, we have a strong candidate in Mike Frassel. Mike possesses the skills to fulfill the job requirements. With 27 years of experience in the park division, he has performed similar duties in his current role, which will transfer to his new position. Recommendation: Approve the hiring of Mike Frassel for pay grade 160 step 6 ($43.44 per hour) for the Park Foreperson role. Budget Impact: No budget impact. Attachments: 56 SHAKOPEE Agenda Item: Prepared by: Reviewed by: Shakopee City Council 5.d April 1, 2025 Park Restroom Cleaning Contract Keith Raines, Parks Supervisor Action to be considered: Approve contract with Patriot Building Solutions, in the amount of $46,304.60 for annual park restroom cleaning services. Motion Type: Simple Majority Background: Since 2003, the City has contracted park restroom cleaning services with a single service provider. The previous contractor expressed a preference for a competitive bidding process rather than continuing with adjustments based on the Consumer Price Index (CPI) factor. As a result, the City issued a Request for Quotes (RFQ) on its website. The RFQ required all interested cleaning service providers to attend a mandatory walkthrough of the park facilities. Eight companies participated in the walkthrough and all eight submitted the bids that were due on March 21, 2025. The contract period will run from April 1, 2025, to March 31, 2026. Below are the bids received from the eight proposals. Patriot Building Solutions J.H. Commercial Cleaning Services Treasure Enterprise Inc. Squeaky Services Astra Cleaning Services LLC City Wide Facility Solutions Victory Services LLC Sparkle & Shine Cleaning Services LLC $46,304.60 $52,592.28 $62,508.68 $68,748.60 $71,998.44 $87,596.94 $260,560.24 $320,970.00 57 Recommendation: Authorize execution of the contract. Budget Impact: The 2025-2026 contract amount of $46,304.60, is included in the 2025 Park Maintenance Operating budget. Attachments: 2025-26 Park Cleaning Services Contract.pdf SIG.pdf 58 SI-JAKOPE E PUBLIC WORKS DEPARTMENT TMENT CITY OF SHAKOPEE CONTRACT FOR CLEANING SERVICES - PARK BUILDINGS 2025-2026 Matt Lehman, Mayor Members of Council Jim Dulaney Angelica Contreras Jesse Lara Jay Whiting Bill Reynolds, City Administrator Bill Egan, Director Keith Raines, Supervisor - Park Maintenance 59 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2025 through March 31, 2026 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 ATTA C H M E N T 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 17th Avenue Sports Complex — 2600 17th Ave East 23 Westminster Park — 801 Valley View Rd 24 Green Meadows Park — 3100 Thrush Street 25 Ridgecreek Park — 7800 Crossings Blvd 26 Hiawatha Park — 625 7th Avenue East 27 Holmes Park — 628 4th Avenue West 28 Scenic Heights Park —1195 Ruby Lane 29 Southbridge Community Park — 7101 Southbridge Parkway 30 Quarry Lake — 6201 Innovation Blvd 31 Page 2 of 32 60 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2025 through March 31, 2026 This contract is entered into as of April 1, 2025 and ends March 31, 2026 by and between the City of Shakopee ("City") Patriot Building Solutions ("Contractor" or "Patriot Building Solutions"). 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 Patriot Building Solutions, Incorporated and its duly authorized representatives. 1.6 "Date of Contract," or equivalent words, shall mean the date written in the first paragraph of the Contract Agreement. 1.7 "Day" or "days," unless herein otherwise expressly defined, shall mean a calendar day or days of twenty-four hours each. 1.8 "Finance Director" shall mean the Director of Finance of the City of Shakopee, Minnesota. 1.9 "Subcontractor" shall mean and refer only to a corporation, partnership, firm or individual having a direct contract with the Contractor for performing work in connection with this contract. II. GENERAL CONDITIONS 2.1 CONTRACTOR'S OBLIGATIONS: Page 3 of 32 61 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2025 through March 31, 2026 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 2025 and shall remain in full force and effect through March 31, 2026. 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 2025 adjusted by the percentage increase in the consumer price index for all urban areas (CPI -U) from February 2025 to February 2026. 2.3 PAYMENT: A. After service is complete, the Contractor will bill the City monthly for the services included in this contract in accordance with the charges set forth in Attachment C to this agreement. 2.4 CONTRACTOR'S ACCIDENT PREVENTION: A. The Contractor shall comply with the safety provisions of all applicable laws, regulations and building codes, including, without limitation, the installation and maintenance of safeguards on machinery and equipment, the elimination of hazards, and worker safety training. B. The Contractor shall exercise precaution at all times to protect the safety of persons and property. C. The Contractor shall immediately notify the City of any accident of any kind, which involves the general public or private or public property, which occurs during the performance of this Agreement. Page 4 of 32 62 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2025 through March 31, 2026 D. Upon City's request, the Contractor shall provide the City with a written report within forty-eight (48) hours including the details of any such accident. 2.5 DAMAGE TO PROPERTY: A. The Contractor shall take all necessary precautions to protect public and private property during the performance of this Agreement. B. Such property damage shall be addressed for repair or replacement, at no charge to the property owner, within forty-eight (48) hours with property of the same or equivalent value at the time of the damage. C. If the Contractor fails to address the repair or replacement damaged property in within forty-eight (48), the City may, but shall not be obligated to, repair or replace such damaged property, and the Contractor shall fully reimburse the City's for any of its reasonably incurred expenses. D. The Contractor shall reimburse and/or provide evidence of an insurance claim, the City for any such expenses within ten (10) days of receipt of the City's invoice. 2.6 INSPECTION: A. The City may appoint such Inspectors as it deems proper to inspect the work performed and Contractor's facilities for compliance with the contract documents. The Contractor shall furnish all reasonable assistance required by the Inspectors for the proper inspection of the work. B. Inspectors and other authorized representatives of the City shall be free at all times to perform their duties. Any attempted intimidation of one of them by the Contractor or his/her employees shall be sufficient reason, if the City so decides, to terminate the contract. C. Such inspection shall not relieve the Contractor from any obligation to perform the work strictly in accordance with the contract. 2.7 COMPLIANCE WITH LAWS, ORDINANCES AND REGULATIONS: A. The Contractor shall be familiar with, observe and comply with all ordinances, laws, and regulations which in any manner affect those engaged or employed in the work, or the materials, facilities or equipment used in the proposed work, or which in any way affect Page 5of32 63 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2025 through March 31, 2026 the conduct of the work, and shall protect and indemnify the City and its officers and agents against any claim or liability arising from or based on any violation of same. B. If the Contractor shall discover any provision in the specifications or the contract, which is contrary to or inconsistent with any law, ordinance or regulation, he/she shall forthwith report it to the Administrator in writing. C. Amendments to existing regulatory laws and ordinances and enactment of new laws and ordinances shall not serve as justification for the Contractor to terminate his/her obligations hereunder, unless said amendments make the completion of this contract impossible. 2.8 TAXES, LICENSES AND PERMITS: A. The Contractor shall pay all sales, use, property, income, and other taxes that are lawfully assessed against the City or Contractor in connection with the Contractor's facilities and the work included in this contract and shall obtain, maintain and pay for all licenses, permits, certificates of authority, and inspections required for the work during the term of the Contract. 2.9 INDEPENDENT CONTRACTOR: A. The Contractor shall be responsible for the complete supervision and control of his/her Subcontractors. Notice to the Contractor shall be considered notice to the Subcontractors. B. The Contractor is, and shall remain for all purposes, an independent contractor, and its officers, employees, agents, or consultants shall not be deemed employees of the City, nor shall they be entitled to any separate payment of salary, wages, or any employee benefits available to employees of the City. C. The Contractor shall be solely responsible for any salaries, wages, benefits, fees or other compensation, which it may obligate itself to pay to any of its employees or consultants. D. Contractor agrees that during the term of this contract, or any extension of it, Contractor shall not assign, sell, or otherwise transfer more than 10% of: (a) its stock or other beneficial ownership interest; (b) voting rights; or (c) assets, to any person or party other than a member of the immediate family of an existing shareholder. A breach of this contract and the City may immediately terminate the contract. 2.10 ASSIGNMENT AND SUBCONTRACTING: Page 6of32 64 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2025 through March 31, 2026 A. The Contractor shall not assign or subcontract the work, or any part thereof, without the previous consent of the Administrator, nor shall he/she assign, by power of attorney or otherwise, any of the money payable under this contract unless written consent of the City has been obtained. No right under this contract, nor claim for any money due or to become due hereunder shall be asserted against the City, or persons acting for the City, by reason of any so-called assignment of this contract or any part thereof, unless such assignment has been authorized by the consent of the City Council. B. In case the Contractor is permitted to assign moneys due or to become due under this contract, the instrument of assignment shall contain a clause subordinating the claim of the assignee to all prior liens for services rendered and materials supplied for the performance of the work and to any claims of the City arising out of or under this contract. C. Should any subcontractor fail to perform in a satisfactory manner the work undertaken by him/her, his/her subcontract should be immediately terminated by the Contractor upon written notice from the City. The Contractor shall be as fully responsible and accountable to the City for the acts and omissions of his/her subcontractors, and of persons either directly or indirectly employed by him/her, as he/she is for the acts and omissions of persons directly employed by him. D. Nothing contained in this contract shall create any contractual relation between any subcontractor and the City. The Contractor and his/her Surety alone shall be held responsible for the full and faithful performance of this contract. 2.11 GENERAL INDEMNIFICATION: A. The Contractor shall indemnify, keep and save harmless the City and its respective officers, agents and employees against all suits or claims that may be based upon any injury or damage to persons or property that may occur, or that may be alleged to have occurred, in the course of the performance of this contract by the Contractor, or as a result of the performance of this contract by the Contractor, whether or not it shall be claimed that the injury was caused through a negligent act or omission of the Contractor or his/her employees, or his/her subcontractors or his/her or their agents or in connection with any claim based on lawful demands of subcontractor, work person, suppliers; and whether or not the persons injured or whose property was damaged were third parties, employees or the Contractor or employees of an authorized subcontractor; and the Contractor shall at his/her own expense defend the City in all litigation, pay all attorneys' fees and all costs and other expenses arising out of the litigation or claim or incurred in connection therewith; and shall, at his/her own expense, satisfy and cause to be discharged such judgments as may be obtained against the City, or any of its officers, Page 7 of 32 65 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2025 through March 31, 2026 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 Page 8 of 32 66 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2025 through March 31, 2026 unacceptable and must be stricken. E. It shall be the Contractor's responsibility to provide similar insurance for each subcontractor or to provide evidence that each subcontractor carries such insurance in like amount prior to the time such subcontractor proceeds to perform under the Contract. 2.13 DEFAULT AND TERMINATION: A. If the work to be done under this contract is abandoned by the Contractor; or if this contract is assigned by him/her without the written consent of the City Council; or if the Contractor voluntarily files for bankruptcy or is adjudged bankrupt; or if a general assignment of his/her assets is made for the benefit of his creditors; or if a receiver is appointed for the Contractor or any of his/her property; or if at any time the City determines that the performance of the work under this contract is being unnecessarily delayed or that the Contractor is violating any of the conditions of this contract, or that he/she is executing the same in bad faith or otherwise not in accordance with the terms of said contract, then the City may serve written notice upon the Contractor and his/her Surety of the City's intention to terminate this contract. B. Unless within ten (10) days after the serving of such notice by certified mail, a satisfactory arrangement is made for continuance, this contract shall terminate and the City may take over and prosecute the work to completion, by contract or otherwise. C. In the event of default or nonperformance on the part of the Contractor, the Contractor and its Surety shall be liable to the City for all excess cost sustained by the City by reason of the City. In the event the City complete the contract at a lesser cost than would have been payable to the Contractor under the contract, if the same had been fulfilled by said Contractor, then the City shall retain such difference. Should such costs to the City be greater, the Contractor and its Surety shall be liable for any pay the amount of such excess to the City. D. In the event of Contractor's default under the terms of this contract, all payments due to the Contractor shall be retained by the City and applied to the completion of the contract and to damages suffered and expense incurred by the City by reason of such default, unless the Surety on the performance bond shall assume the contract, in which event all payments remaining due the Contractor at the time of default, less amounts due the City from the Contractor and less all sums due the City for damages suffered and expense incurred by reason of such default shall be due and payable to such Surety. Thereafter, such Surety shall receive monthly payments equal to those that would have been paid the Contractor had such Contractor continued to perform the contract. Page 9 of 32 67 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2025 through March 31, 2026 E. If the City terminates the contract, the City may procure supplies or services similar to those so terminated, and the contractor/vendor shall be liable to the City for any excess costs for similar supplies and services, unless the contractor/vendor provides acceptable evidence that failure to perform the contract was due to causes beyond the control and without the fault or negligence of the Contractor. F. The City may release any building or facility listed on Attachment C from the contract by providing the Contractor with a minimum of 14 days advance written notice. Upon release of any such building or facility, the City will no longer be obligated to make payment to the Contractor for that building or facility. 2.14 FORCE MAJEURE: A. Whenever a period of time is provided for in this Agreement for either the City or the Contractor are to do or perform any act or obligation, neither party shall be liable for any delays or inability to perform due to causes beyond the control of said party such as war, riot, unavoidable casualty or damage to personnel, materials or equipment, fire, flood, storm, earthquake, tornado or any act of God, but not strike or lockout. B. The time period for the performance in question shall be extended for only the actual amount of time said party is so delayed. 2.15 PENALTIES: A. The Administrator and his/her designee shall notify the Contractor for each violation of the Contract, reported to or discovered by him/her or the City. It shall be the duty of the Contractor to take whatever steps may be necessary to remedy the cause of the complaint and notify in writing the City of its disposition within twenty-four (24) hours after receipt of complaint. B. The first failure to properly perform any item of work will result in written notification to the contractor by the City Administrator and/or his/her designee. The second failure to properly perform any item of work will result in a penalty to the contractor. The City will reduce the amount of the penalty from the amount owed as payment to the contractor. C. The penalty amounts will be as follows: 1) Failure to complete any daily task $55.00 each incident. Each location is considered one incident. 2.16 NOTICES: Page 10 of 32 68 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2025 through March 31, 2026 A. Any notice or demand required or permitted to be given or made there under shall be sufficiently given or made by e-mail, messenger delivery, overnight delivery, orcertified mail in a sealed envelope, postage prepaid, addressed as follows: City of Shakopee Public Works 400 Gorman Street Shakopee, MN 55379 Patriot Building Solutions Eric Husemann/Owner President 1780 93rd Circle East Inver Grove Heights, MN 55077 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 Page 11 of 32 69 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2025 through March 31, 2026 to be a waiver of any succeeding breach of such specifications in this Contract, nor shall such a waiver of a single breach be taken or held to be a waiver of any specification itself. 2.20 OPTION TO CHANGE SERVICE; AMENDMENTS: A. The City shall have the option to change the service provided during the term of this Contract, including, without limitation, changing the types of cleaning materials and equipment used, times and/or days of service, and number and/or location of city facilities. B. The City shall exercise such option by serving written notice to the Contractor at its designated place of business at least ten (10) days before the date such service change is contemplated to begin. C. Immediately after written notice is served, the parties shall enter into good faith negotiations concerning the terms, frequency, and the details of pricing the services that are provided. D. Any modification or amendments to this Agreement shall be in writing and shall be signed by the parties. III. SPECIAL CONDITIONS 3.1 CUSTOMER SERVICE A. The Contractor shall establish and maintain a local phone number to which City personnel may call or send inquiries and complaints, and from which City personnel may receive information and instructions. B. The Contractor shall provide the Administrator with information concerning the location, telephone number(s) and mailing addresses of the customer service office established above, and any other facility that will be used in the provision of services under this Contract. C. The Contractor shall provide the Administrator with information concerning the Contractor's designated person(s) for the purposes of obtaining instructions, answering inquiries, and resolving complaints. Such persons shall be available to discuss, and if necessary meet with City personnel to resolve problems. D. The Contractor shall provide the City with at least one telephone number and email address, which may be used by City personnel to communicate with the Contractor after Page 12 of 32 70 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2025 through March 31, 2026 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. Page 13 of 32 71 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2025 through March 31, 2026 3.3 EQUIPMENT A. All equipment used in the performance of this Contract, shall be wholly owned by the Contractor; provided, leasing or rental agreements or conditional sales contracts may be allowed where approved by the City, in writing, prior to execution of this Contract. The equipment to be used in performance of this Contract is made part of this Contract by reference. B. No further encumbrance shall be placed upon any of such equipment without the approval of the City, save that the Contractor may, without consent, mortgage or otherwise encumber said equipment and facilities for the purpose of enabling the Contractor to replace the same or add thereof. Page 14 of 32 72 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2025 through March 31, 2026 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. Lions, 8. Westminster, 9. Green Meadows, 10. Ridge Creek Park, 11. 17th Avenue Sports Complex, 12. Southbridge Community, 13. Quarry Lake 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 73 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2025 through March 31, 2026 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 (Mon -Sunday) after 9:00 pm and completed by 2 am. 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.' SPRING-SUMMER-FAL 7 Days per Week 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) 17th Avenue Sports Complex 6) Westminster Park 7) Green Meadows Park 8) Ridge Creek Park 9) Southbridge Community Park 10) Scenic Heights Park 11) Quarry Lake *Dates TBD (weather dependent -City to contact contractor with exact dates). SPRING-SUMMER-FAL : 2 Days per Week Begin: May 15* End: October 15* Cleaning Day: Mondays, Fridays 1) Hiawatha Park 2) Holmes Park WINTER : 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 Page 16 of 32 74 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2025 through March 31, 2026 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 Tahpah Park Schleper Stadium (Tahpah) Quarry Lions Park Huber Park 17th Ave Sports Complex Westminster Park Green Meadows Park Ridge Creek Park Southbridge Community Park Scenic Heights Park Hiawatha Park Holmes Park 1490 Adams St. S 1490 Adams St. S 6201 Innovation Blvd. 1103 Adams St. S. 150 Fillmore St. N 2600 17th Ave. E 801 Valley View Rd. 3100 Thrush St. 7800 Crossings Blvd. 7101 Southbridge Pkwy. 1195 Ruby Lane 625 7th Ave. E 628 4th Ave. W WINTER Use: December— February (Heated Buildings) Building Westminster Park Green Meadows Park Southbridge Community Park Location 801 Valley View Rd. 3100 Thrush St. 7101 Southbridge Pkwy. Days/week 7: SMTWThFS 7: SMTWThFS 7: SMTWThFS 7: SMTWThFS 7: SMTWThFS 7: SMTWThFS 7: SMTWThFS 7: SMTWThFS 7: SMTWThFS 7: SMTWThFS 7: SMTWThFS 2: MF 2: MF Days/week 2: MF 2: MF 2: MF Options: > Window Cleaning Exterior/Interior > Extra Cleaning/Projects/Events > Open/close "big" deep clean, including windows, walls, etc.: > Mechanical cleaning /scrubbing monthly Price/Month $ 620 $ 620 $ 310 $ 310 $ 465 $ 775 $ 620 $ 465 $ 310 $ 310 $ 465 $ 310 $ 310 5,890 Price/Month $ 172 $ 172 $516 $ 172 $ 250 per job 17th ave $ 28/per hour $ .25/per sqft - $250 m i n $ .55/per sqft - $250 min 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, and Quarry Lake. Page 17 of 32 75 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2025 through March 31, 2026 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 the city of Shakopee after hours number 952-233-9560. For unsafe conditions contact 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, 952-233-9550 or 952-233-9368 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 76 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2025 through March 31, 2026 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 the 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) Machine cleaning/scrubbing one time per month. 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. Page 19 of 32 77 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2025 through March 31, 2026 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 the 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 20 of 32 78 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2025 through March 31, 2026 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 the 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) Machine cleaning/scrubbing one time per month. 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. Page 21 of 33 79 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2025 through March 31, 2026 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. Page 22 of 33 80 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2025 through March 31, 2026 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. Page 23 of 33 81 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2025 through March 31, 2026 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. Page 24 of 33 82 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2025 through March 31, 2026 Green Meadows Park — 3100 Thrush Street Restrooms: 2 Indoor Common Areas: 1 Seasonal: Summer -Use: April — October Daily Seasonal: Winter -Use: December — February Monday, Friday Additional cleaning days may be requested or deleted based on the use of facility. 1) Clean, sanitize and polish all fixtures including toilet bowls, urinals and adjacent tile, hand basins, switch plates, and door handles. 2) Clean all mirrors. 3) Empty waste receptacles and remove all trash to the garbage containers and insert liners as required. 4) Sweep and damp mop resilient and hard floors with disinfectant. 5) Spot clean walls and partitions. 6) Empty and clean the interior of sanitary containers. 7) Refill all dispensers to normal limits - including napkins, soap, tissue (to be furnished by the City) weekly or as needed. 8) Check air fresheners and replace when needed. 9) Pick up trash (common area). 10) Sweep and mop (common area). 11) Lock all doors. Page 25 of 33 83 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2025 through March 31, 2026 Ridge Creek 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. Page 26 of 33 84 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2025 through March 31, 2026 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. Page 27 of 33 85 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2025 through March 31, 2026 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 28 of 33 86 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2025 through March 31, 2026 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. Page 29 of 33 87 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2025 through March 31, 2026 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 30 of 33 88 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2025 through March 31, 2026 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) Lock all doors. Page 31 of 33 89 City of Shakopee Contract for Cleaning Services - Park Buildings April 1, 2025 through March 31, 2026 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. Approved by City Council April, 1st , 2025. CITY OF SHAKOPEE Patriot Building Solutions By: By: Matt Lehman, Mayor Date: Date: By: Bill Reynolds, City Administrator Date: Page 32 of 33 90 City of Shakopee Contract for Cleaning Services -- Park Buildings April 1, 2025 through March 31, 2026 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. Approved by City Council Ap ri, 1st CITY OF SHAKOPEE Patriot Building Solutions By: B Matt Lehman, Mayor , 2025. Date: Date: 3-25-2025 By: Bill Reynolds, City Administrator Date: Page 32 of 33 91 SHAKOPEE Agenda Item: Prepared by: Reviewed by: Shakopee City Council 5.e April 1, 2025 State legislation on Revoking City Zoning Authority and Public Participation in Zoning Decisions under the guise of Affordable Housing Legislation William Reynolds, City Administrator Action to be considered: Approval of Resolution R2025-042 Supporting Retention of City Zoning Authority Motion Type: Simple Majority Background: Local city governments across the State of Minnesota are under siege. Current legislation being considered by the state legislature seeks to strip basic and fundamental controls cities have used for decades to ensure the viability of communities and will destroy a city's zoning power. These legislative actions seek to gut the ability of cities to exercise control over local zoning and infrastructure issues and remove the current process that garners input from local residents. In essence they will allow developers to make those decision without any input from the community. These state -level actions will determine what can be allowed in every one of the individual and distinct 853 Minnesota cities - a one size fits all approach that will deny local governments the ability to look at the nuances and conditions of each individual city. If enacted, they will throw out decades of comprehensive planning at the stroke of a pen. Probably more concerning is the lack of any controls that will ensure more affordable housing will be the outcome of these actions. If there are savings, those savings will become builder's profits; they will continue to charge what the market will bear, and nothing in this legislation will prevent that from happening. The City of Shakopee recognizes the urgent need for affordable housing and supports multiple avenues to actually achieve goals that will deliver affordable housing. In fact, Shakopee has been a leader in the effort as we have supported responsibly managed, low-income higher density housing and have provided options for naturally occurring 92 affordable housing stock as part of our commitment to "life cycle housing." In the last decade, Shakopee has approved 360 units of affordable housing including 20 single- family residences. In addition, we have passed a fair housing act, have instituted a crime - free multi -family housing program, and have adopted a rental license and inspection program to ensure all rental housing meets basic conditions for habitation. Rigid state mandates on these traditional local issues - which ban any community input and ignore infrastructure realities - destroy the long-standing relationship between the state, local governments and their residents, and will have long-lasting adverse effects. Recommendation: Approval. Budget Impact: Unkown at this time. Attachments: Res Affordable Housing.docx 93 CITY OF SHAKOPEE, MINNESOTA RESOLUTION NO. R2025-042 SUPPORTING RETENTION OF CITY ZONING AUTHORITY WHEREAS, decisions about local zoning and land use that best fit community needs are best left to city residents and officials; WHEREAS, cities use zoning and land use regulations to balance property usage, plan for community growth, dedicate space and capacity for public infrastructure to support development (roads, parks and trails, transportation, sewer, stormwater, water, etc.), mitigate flooding and erosion, and preserve natural resources among others; WHEREAS, the Minnesota State Legislature, in an attempt to address housing availability and affordability challenges, is considering measures that would preempt city authority to regulate land use and zoning and assign that authority to state government; WHEREAS, passage of those measures would inadequately address housing availability and affordability challenges and have no proven effect on housing affordability as cost saving that are delivered to developers do not correspond to lower housing costs; WHEREAS, a rigid state -mandated framework for land use and zoning deprives cities of the flexibility to address their own unique circumstances; WHEREAS, provisions would also silence local residents from their concerns regarding proposed developments during public comment periods of city council and other public meetings; WHEREAS, cities across the state have already put in years of work to address zoning issues, and continue to do so, with the help of community engagement; AND, WHEREAS the city of Shakopee has in the last decade approved 360 units of affordable housing including 20 single-family residences, has passed a fair housing act, has instituted a crime -free multi -family housing program, and has adopted a rental license and inspection program to ensure all rental housing meets basic conditions for habitation. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA AS FOLLOWS: The City of Shakopee opposes state proposals that seek to preempt local zoning and land use decision -making when it comes to residential development; Supports constructive policy alternatives that provides cities with performance -based standards to guide development — while maintaining local decision -making and flexibility — to incentivize and bolster city efforts for addressing housing challenges; 94 And advocates for a city-state partnership to consider reforms that are proven to address housing availability and affordability, and that respect locally led zoning decisions and community input. ADOPTED by the City Council of the City of Shakopee this 1st day of April 2025. Matt Lehman Mayor ATTEST: City Clerk 95 SHAKOPEE Agenda Item: Prepared by: Reviewed by: Shakopee City Council 5.f April 1, 2025 Change Orders for Windermere Park Submitted by Loeffler Michael Kerski, Planning and Development Director Michael Kerski Action to be considered: Approve Change Orders Motion Type: Simple Majority Background: The largest change order for Miller Brothers Excavating was previously approved by Council in November 2023. Site Carpentry changes on shelter Earthwork, Retaining Walls, Site grading Earthwork, Retaining Walls, Site Site Concrete, Materials rock and concrete Site Concrete, Labor labor for concrete Fences & Gates, Labor Fence repairs Landscaping, Materials seeding Landscaping, Labor needed Total Previously approved by Council Total of new change orders RTL Construction Miller Brothers Miller Brothers Axel H. Ohman Axel H. Ohman Keller Fence Peterson Companies Peterson Companies $2,640.00 $2,250.00 $44,497.50 $1,133.72 Labor for Additional Poor Soils Additional $1,457.66 Additional $2,390.00 Temporary $250.00 Additional ($587.00) Less Laboi $54,031.88 ($46,423.50) $7608.38 96 Recommendation: Approve change orders submitted by Loeffler in the amount of $7,608.38 Budget Impact: Paid for out of Park Development Funds Attachments: 97 SHAKOPEE Agenda Item: Prepared by: Reviewed by: Shakopee City Council 5.g April 1, 2025 Approve the City Council Meeting Minutes Heidi Emerson, Deputy City Clerk Action to be considered: Approve the City Council meeting minutes for March 18, 2025. Motion Type: Simple Majority Background: N/A Recommendation: Approve the above requested motion. Budget Impact: none. Attachments: City Council Meeting Minutes for 3/18/25 98 3/19/25, 1:13 PM City Council 1.11i431 SHAKOPEE City Council City Hall 485 Gorman Street Shakopee, MN, 55379 Tuesday, March 18, 2025 7:00 p.m. 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. 1) Call to Order 2) Roll Call PRESENT: Mayor Matt Lehman, Council Member Angelica Contreras, Council Member Jay Whiting, Council Member Jim Dulaney, and Council Member Jesse Lara ABSENT: None. ALSO PRESENT: None. 3) Pledge of Allegiance 4) Approval of Agenda Council Member Jesse Lara made a motion to approve the agenda, second by Council Member Angelica Contreras and the motion passed. 5 - o 5) Consent Agenda 5.a) Recycling Grant for Clean -Up Day events in 2025. hops://shakopecmon.granicus.cam/MinutesViewer.php?clip_id=194&doc_id=2ff04b96-04c7-11 f0-ab6a-005056x89546 3/19/25, 1:13 PM City Council 5.b) Purchase two 2025 Class I trucks Park; Purchase two 2025 Class 5 trucks Street, and Sanitary sewer; Purchase 2025 class 2 truck and administrative vehicle Police; Purchase turf sweeper Park. Council Member Jay Whiting made a motion to approve the purchases of two 2025 Ranger trucks from Apple Ford in the amount of $71,126.00. Purchase two 2025 Ford F550's from Saxon Fleet Services, equipment and installation from Crysteel Truck a Equipment, for a total amount of $192,510.00. Purchase a 2025 Silverado 1500 from Karl Automotive Group, 2025 Chevy Equinox from North Country GM, and equipment and installation from North Central, in the total amount of $104,076.00. Purchase Toro turf sweeper from M.T.I Distributing in the amount of $44,173.00, second by Council Member Angelica Contreras and the motion passed. 5 - 0 5.c) Reimbursement Agreement with Union Pacific Railroad Company for the CSAH 101/Shenandoah Drive Intersection Improvements 5.d) Monthly Financial Report - February 2025 5.e) Declare Surplus Property in Police Department 5.f) Declare forfeited vehicles as surplus property 5.g) Approve a Temporary Liquor License for the Shakopee Chamber of Commerce 5.h) Approve Municipal State Aid Street System Designations 5.1) Approve the City Council Meeting Minutes 5.j) Amend the Zoning Map and Rezone property at 6100 Co Rd 101 E from Highway Business (B-1) to Heavy Industry (1-2) 5.k) Approve the Donation of a Memorial Bench 5.1) Fire Inspector Job Description and Pay Grade Council Member Jay Whiting made a motion to approve the Consent Agenda as modified, second by Council Member Jim Dulaney and the motion passed. 5 0 6) Public Comment 7) Business removed from consent agenda Item 5.b was removed for further discussion. 8) General Business 8.a) Street Reconstruction Plan https:llshakopeemn.granicus.com/MinutesViewer.php?clip_id=1 o4&docid=2f 04b96-o4c7-1'1 fo-ab6a-oo5o56a89546 100 213 3/19/25, 1:13 PM City Council Council Member Angelica Contreras made a motion to approve Resolution R2025-006, second by Council Member Jesse Lara and the motion failed. 3 - 2 Nays: Mayor Matt Lehman, Council Member Jim Dulaney 9) Workshop 9.a) Hotel Inspection Program Informational only. 9.b) Grease Traps Informational only. 9.c) Social Districts Informational only. 10) Reports 10.a) City Bill List Informational only. 11) Other Business 12) Adjourn to April 1, 2025 at 7:00 p.m. Council Member Jesse Lara made a motion to adjourn to April 1, 2025 at 7:00 p.m., second by Council Member Jay Whiting and the motion passed. 5 - 0 101 https:llshakopeemn.granicus,com/MinutesViewer,php?clip_id=104&doc_id=2ff04b95-04c7-11 f0-ab6a-005056a89546 pfd SHAKOPEE Agenda Item: Prepared by: Reviewed by: Shakopee City Council 5.h April 1, 2025 Accept Donation from Shakopee Youth Baseball Association, Resolution R2025-044. Sherry Dvorak, Recreation Programs Manager Kelsi McNutt Action to be considered: Accept Donation from Shakopee Youth Baseball Association, Resolution R2025-044. Motion Type: Simple Majority Background: Shakopee Youth Baseball Association (SYBA) has historically taken an active approach in making improvements to ballfields that are used for their levels of play. Both city and school district have benefited from their efforts. SYBA purchased new team benches for Riverview Park. These maintenance free style benches replace the old aluminum benches and will last for several years. City staff has installed the benches are the field is now ready for the 2025 playing season. The City of Shakopee appreciated the generosity of the SYBA. The estimated retail cost of the team benches is $2.992.00 Recommendation: Approve Resolution R2025-044. Budget Impact: The Parks Division provided the labor for assembling and installing the benches. Attachments: 2025-44 Resolution Accepting Team Benches from SYBA 040125.pdf 102 RESOLUTION NO. 2025-044 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA ACCEPTING A DONATION FROM SHAKOPEE YOUTH BASEBALL ASSOCIATION. WHEREAS, on November 6, 2002, the City Council adopted Resolution No. 5794, which established procedure relating to the receipt of gifts and donations by the City; and WHEREAS, Resolution No. 5794 specifies that donations of real property shall be accepted by resolution of the City Council, and shall require a two-thirds majority of the Council for acceptance; and WHEREAS, SHAKOPEE YOUTH BASEBALL ASSOCIATION has generously purchased team benches; and WHEREAS, such a donation will help improve park facilities and enhance the overall quality of like in Shakopee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the donation of the team benches are gratefully accepted; and FURTHER, the bleachers shall be placed in Riverview Park, which is consistent with the wishes of the donor. FURTHER, the City staff is directed to send a letter to the donor, acknowledging receipt of the gift and expressing the appreciation of the City Council. Adopted in regular session of the City Council of the City of Shakopee, Minnesota held this 1St Day of April 2025. Mayor of the City of Shakopee ATTEST: City Clerk Prepared by: City of Shakopee 485 Gorman Street Shakopee, MN 55379 103 SHAKOPEE Agenda Item: Prepared by: Reviewed by: Shakopee City Council 5.i April 1, 2025 Final Plat of Palomino Trail Mark Noble, Senior Planner Michael Kerski, Director of Planning and Development Action to be considered: Approve Resolution R2025-045, a Resolution approving the Final Plat of Palomino Trail. Motion Type: Simple Majority Background: Pulte Homes of Minnesota, LLC, applicant and property owner, have made application for Final Plat of Palomino Trail. The subject property is located north of CSAH 16/17th Avenue, west of Windermere Way, and south of U.S. Hwy. 169. The applicant has proposed a plat that would consist of 83 single-family residential lots on 31.77 acres, with the City owning the adjacent 23.6 acre open space parcel. The proposed lots would primarily be accessible off 17th Avenue, with the northern section tying into Windermere 2nd Addition via Tamarack Road and the southern section tying into Windermere South 4th Addition via Aztec Avenue and August Drive. The development is compliant with the requirements of the single-family residential guiding and the R-1 B zoning. The developer has provided images of the proposed structures, of which there are several varieties with different design elements. There is proposed a substantial stormwater pond located just north of the trail along 17th Avenue, and another trail connection from lots along Linwood Circle to the east, with that trail proposed to run along the northerly area of this plat adjacent to the bluff, continuing along that bluff to the west, tying into a proposed trail in Bluff View, with this trail forming part of the greater greenway planned within this area of the community. City departments, Scott County and other outside agencies have spent significant time reviewing all elements of this project, and were given the opportunity to review and provide comments regarding this application. City Engineering had the following comments: 1. See redline plan review comments. Address comments prior to final plat approval. 2. An Engineering staff review memo has been uploaded to the Attachments folder. Review the conditions and address prior to each project phase. 104 3. A template Construction Management Plan has been uploaded to the Attachments folder 4. An Invoice for Engineering Fees and Security has been uploaded to the attachments folder. This must be paid prior to approval of Final Plat. The Fire Marshall commented that they would need to rename Ramsey Way, and determine addressing or street naming for the north portion of Lund Way. Additional address signage may be needed. The developer came back with Mustang Lane rather than Lund Way on the easterly section and had another name selected for the northerly segment that runs east -west, but that name was similar to another existing roadway in the city, so staff is recommending they provide other options for staff to review and approve, and then include that name change when mylars are submitted for signatures & recording. SPU Electric has the following comments: 1. SPU requires a 3 phase underground electric feeder along 17th avenue. The feed shall be under the sidewalk. 2. SPU will provide underground electric plans showing electric crossings, transformer and pedestal locations, conduit locations, and street light locations. 3. Developer shall coordinate with SPU's final electric design with small utilities and joint trench contractor. SPU Water has the following comments: 1. Applicant shall make SPU water comment revisions, which were provided on the civil plans in the permit. 2. Applicant/owner needs to pay Trunkwater and Plan Review & Inspection Deposit fees. 3. Contractor will need to acquire a water service connection permit from SPU for observation of the water service construction. The permit is found here: http://shakopeeutilities.com/wp-content/uploads/2023/05/Connection-Permit-Inspection- Fee-003.pdf . 4. Prior to construction, please contact Dave Hagen (952-292-0030 or dhagen@shakopeeutilities.com) to coordinate inspection of your water service. 5. Only SPU staff are authorized to operate the public water system. You will also need to reach out to SPU Customer Service and establish water service, pay for a meter, and put a deposit down for 1 month of estimated water use. https://shakopeeutilities.com/business/apply-for-service/ . Scott County provided a letter with four (4) conditions of approval. The primary comments concerned the participation/agreement and cost estimates/construction plans for the CH 16/17th Avenue project. All comments have been incorporated into the draft Resolution. 105 Recommendation: Approve the requested action. Budget Impact: N/A Attachments: FP Resolution.docx Palomino Trail property description_v1.docx Palomino Trail Applicant Narrative.docx Site Aerial.pdf 25-02-11 Palomino Trail Draft Final Plat_v1 (1).pdf 25-02-14 Palomino Trail Draft Grading Plan_v1 (2) (1).pdf 25-02-19 Palomino Trail U&S_v1-2.pdf 25-02-19 Palomino Trail U&S_v1-4.pdf Engineering Palomino Trail FP Memo.docx Scott Co Palomino Trail FP Letter.pdf Landscape plan_v1 (1).pdf 106 RESOLUTION R2025-045 A RESOLUTION OF THE CITY OF SHAKOPEE APPROVING THE FINAL PLAT OF PALOMINO TRAIL WHEREAS, Pulte Homes of Minnesota, LLC, applicant and property owner, have made application for Final Plat of Palomino Trail; and WHEREAS, the property upon which the request is being made is legally described as: See attached Legal Description; and WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning Commission on December 5, 2024, at which time all persons present were given an opportunity to be heard; and WHEREAS, the Planning Commission recommended to the City Council that the Preliminary Plat be adopted; and WHEREAS, the City Council reviewed and approved the Preliminary Plat on December 17, 2024; and WHEREAS, the City Council reviewed the Final Plat of Palomino Trail on April 1, 2025; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota that the Final Plat of Palomino Trail is hereby approved subject to the following conditions: I) The following procedural actions must be completed prior to the release of the Final Plat for recording: A. Approval of title by the City Attorney. B. Comply with conditions identified in the March 20, 2025 memo and the redlined plans from City Engineering. C. Street names shall be submitted to and approved by city staff prior to submittal of mylars for review/recording. D. SPU requires a 3 phase underground electric feeder along 17th avenue. The feed shall be under the sidewalk. E. SPU will provide underground electric plans showing electric crossings, transformer and pedestal locations, conduit locations, and street light locations. F. Developer shall coordinate with SPU's final electric design with small utilities and joint trench contractor. G. Applicant shall make SPU water comment revisions, which were provided on the civil plans in the permit. H. Applicant/owner needs to pay Trunkwater and Plan Review & Inspection Deposit fees. 1 of 2 107 I. Contractor will need to acquire a water service connection permit from SPU for observation of the water service construction. The permit is found here: http: //shalcopeeutilities. com/wp-content/uploads/2023/05/Connection-Permit-Inspection- Fee-003.pdf . J. Prior to construction, please contact Dave Hagen (952-292-0030 or dhagen@shakopeeutilities.com) to coordinate inspection of your water service. K. Only SPU staff are authorized to operate the public water system. You will also need to reach out to SPU Customer Service and establish water service, pay for a meter, and put a deposit down for 1 month of estimated water use. https://shakopeeutilities.com/business/apply-for-service/. L. Comply with conditions identified in the March 20, 2025 memo from Scott County. M. Comply with landscape requirements of the City Code Sections 151.112 (Landscape Requirements) and 151.113 (Tree Preservation Requirements). N. Construction and development of lots shall comply with the design standards of City Code Section 151.034 (Urban Residential Zone). O. Park dedication fees in the amount required by the City Code and adopted City fee schedule shall be paid prior to the recording of the final plat. P. Development of the subdivision construction of homes shall be generally consistent with the standards as outlined in the narrative dated February 19, 2025. Q. Landscaping of properties shall be consistent with the submitted plans dated October 18, 2024, or as approved by the City staff to ensure compliance with Condition M above. R. House design and performance standards shall generally be consistent with the house plans submitted with this application, conditioned on compliance with City Code Section 151.108 (Construction Material). Passed in regular session of the City Council of the City of Shakopee, Minnesota held on the 1St day of April, 2025. Mayor of the City of Shakopee Attest: Heidi Emerson, Deputy City Clerk 2 of 2 108 PROPERTY DESCRIPTION The following information was provided by Land Title, Inc., Issuing Agent for First American Title Insurance Company File Number 700467, which has an effective date of July 29, 2024: All that part of the West Half of the Northeast Quarter of Section 14, Township 115, Range 23, Scott County lying Southerly of the following described line: Commencing at the Northeast corner of said Section 14; thence South 01 degrees 01 minutes 25 seconds East, assumed baring, along the East line of said Northeast Quarter, a distance of 1300.98 feet; thence North 85 degrees 45 minutes 11 seconds West, a distance of 153.40 feet to the Westerly Right -of -Way line of the Minnesota Commissioner of Transportation Right -of -Way Plat No. 70-15; thence continuing North 85 degrees 45 minutes 11 seconds West, a distance of 1171.22 feet to the East line of said West Half of the Northeast Quarter; thence continuing North 85 degrees 45 minutes 11 seconds West, a distance of 216.14 feet; thence South 40 degrees 13 minutes 55 seconds West, a distance of 463.16 feet; thence South 00 degrees 40 minutes 02 seconds East, a distance of 1192.71 feet to the South line of said West Half of the Northeast Quarter, the same being the Southwest corner of Windermere, Scott County, Minnesota; thence North 00 degrees 40 minutes 02 seconds West along the West line of said Windermere, a distance of 1192.71 feet; thence North 40 degrees 13 minutes 55 seconds East, along a Northwesterly line of said Windermere, a distance of 310.84 feet to the point of beginning of the line to be described; thence North 83 degrees 11 minutes 05 seconds West, a distance of 116.94 feet; thence North 03 degrees 24 minutes 07 seconds West, a distance of 101.11 feet; thence North 23 degrees 24 minutes 31 seconds West, a distance of 96.91 feet; thence North 43 degrees 02 minutes 06 seconds West, a distance of 97.38 feet; thence North 62 degrees 41 minutes 12 seconds West, a distance of 97.16 feet; thence North 85 degrees 53 minutes 45 seconds West, a distance of 100.67 feet; thence South 04 degrees 19 minutes 06 seconds West, a distance of 129.38 feet; thence South 90 degrees 00 minutes 00 seconds West, a distance of 581.81 feet to the West line of the Northeast Quarter and said line there terminating. EXCEPT: That part platted as Windermere, Scott County, Minnesota Abstract Property 109 *FulteGroup° Shakopee - Norcor Submittal For: Preliminary Plat Shakopee, MN February 19th , 2025 Introduction Pulte Homes of Minnesota, LLC ("Pulte") is pleased to be submitting this application. Our company mission statement is "Building Incredible Places Where People Can Live Their Dreams." We currently operate under three distinct brands of homebuilding throughout the country: Pulte Homes, Centex Homes, and Del Webb. The office for Pulte's Minnesota Division is in Bloomington. We will sell and build over 600 homes in the Twin Cities a year under the Pulte Homes and Del Webb brands. Pulte will act as both the developer of the property and the builder of the homes. The primary contact for Pulte is Dean Lotter, Director of Land Planning & Entitlement. Dean's contact information has been provided to city staff. There are two owners of the property: Randolph J. Kubes and Lisa Marie H. Kubes 1244 Monroe Street South Shakopee, MN 55379 The planner, surveyor, civil engineer, and landscape architect are: Westwood Attn: Christian Froemke 12701 Whitewater Drive, Suite 300 Minnetonka, MN 55343 952-906-7427 christian.froemke@westwoodps.com 1 "Building Incredible Places Where People Can Live Their Dreams." 110 The Property: Legal Description: All THAT PART OF THE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 115, RANGE 23, SCOTT COUNTY LYING Property Identification Numbers: 27-914020-2 Key Facts: • Existing zoning • Proposed zoning • Proposed use • Net Calculations o Gross acreage o Major ROW (17t" Ave. W.) o Local ROW (other streets) o Stormwater areas (HWL) o Bluff area o Gas pipeline easement o Net site area o Net density • Proposed 65' Dimensions/Setbacks o Minimum lot width o Minimum lot depth o Front Setback o Side Setback o Rear Setback R1 B, Urban Residential R1 B, Urban Residential 83 — 65' Single -Family Homes 31.77 acres 2.46 acres 5.64 acres 1.15 acres 0.07 acres 1.90 acres 20.55 acres 4.04 units/acre 65 feet 115 feet 25 feet 7.5/7.5 feet; 15 feet total 30 feet 2 111 Comprehensive Plan & Zoning The property is currently guided as Suburban Residential. The 2040 Comprehensive Plan defines Suburban Residential as 3 to 6 dwelling units per acre. Our proposed neighborhood will have a net density of 4.04 dwelling units per acre. The current parcel is zoned as R1 B, Urban Residential, and our proposed application is consistent with this zoning, thus not requiring a rezoning application or any variances. 2040 Comprehensive Plan � a Site Plan Old Shakopee Neighborhood Open Space Park Railroad Rights of —Vi ay RuralTransition SMSC Property in Fee or Trust Suburban Edge Residential Suburban Residential Utilities '`5 stem Pulte proposes building detached single-family residential homes west of where 17th Avenue West currently ends. Our proposed neighborhood will consist of 83 homes on 65' lots, with future 17th Avenue West bisecting the property. 17th Avenue West and Site Access: The site's primary access will come from the western end of 17th Avenue West. Our proposed site plan accounts for the needed right-of-way to further extend 17th Avenue West through our property and to our western property boundary. Our 3 112 proposed road extension aligns with the City's 2040 Comprehensive Plan and helps further the City's goal of connecting 17th Avenue West to County Road 69. This will all happen in 2025. North of future 17th Avenue West, we are proposing a street connection into the existing stub out to the east on Tamarack Road. South of future 17th Avenue, we propose connecting to the existing stub streets of Aztec Avenue and August Drive. South of future 17th Avenue West, we are proposing to grade the site and leave the streets construction until 2026. This will allow us to grade the entire site but bring on only the lots we need for 2025 into early 2026. The timing will help with fully completing everything north of 17th Avenue West this construction season. Proposed new access points in blue Future Road Extension (by others) 141,-ARACK RD. Sidewalks and Trails: For 17th Avenue West, we propose extending the existing trail on the road's north side and continuing the sidewalk on the south side of the street. In addition to connecting the trails along 17th Avenue West, we propose building sidewalks on one side of the street for the internal road network. Tree Preservation and Landscaping: Currently, the site is primarily devoid of trees. However, due to the construction process, we propose removing a few trees on the site's northern portion. Per the city ordinances, we would be required to install 148 trees for mitigation; however, we propose installing 214 trees, which exceeds the requirement. In addition to the 214 trees, we will install two trees per lot, as the city code requires. Wetland and Environmental Considerations: The property owner previously received a Notice of Decision (NOD) from the Technical Evaluation Panel (TEP), concluding that no wetlands were present on the subject parcel. The NOD was issued on 11/25/2020 and expires five years after issuance. We hired a consultant to verify that there are still no wetlands at the site, and they have confirmed that to be true. We are in the process of coordinating with the TEP to extend the previous NOD, and the current comment period for the extension ends on October 25, 2024. 4 113 Additionally, the most northern portion of the site has 0.07 acres of bluff area. While we propose a few lots to abut the bluff area, we will not negatively impact it and will abide by all city ordinances relating to bluff protection. Park Dedication: We intend to satisfy park dedication obligations by paying park dedication fees. The Homes Pulte Homes is known for the extraordinary steps we take to ensure that we are designing and building homes that meet the needs and desires of home buyers. You can click this link to learn more about Pulte's homebuilding process: https://www.pulte.com/design/life-tested. We continually contact home buyers and Pulte homeowners for feedback on improving our home designs. It is what we call Life Tested®. Through this intensive process, we have conceived and incorporated innovative features such as the Pulte Planning Center, the Everyday Entry, Super Laundry, Oversized Pantry, and the Owner's Retreat. This exhaustive process has played a significant part in Pulte's success in "Building Incredible Places Where People Can Live Their Dreams." In striving to continually be in lockstep with the home -buying public, we update the design of our homes frequently. These changes are driven by the desires and tastes of the home -buying public through the process described above. We propose building two distinct series of homes, each offering multiple floor plans, various elevations, and a range of color combinations to create a unique appearance for each home and the neighborhood. A summary of the homes is provided below. Please note that the below square footage does not include basement square footage. They will range in price from the high $400k's to the high $600k's. 65' Lots — Homes North of 17th Ave • Base square footage: 2,391 — 3257 • Bedrooms: 3 to 6 • Bathrooms: 2.5 to 4 • 3 -stall garages • Two stories, move -up single family 65' Lots — Homes South of 17th Ave • Base square footage: 1,949 — 2,645 • Bedrooms: 3 to 4 • Bathrooms: 2 to 3 • 3 -stall garages • Multi -level or split level Please refer to the page after "Summary" for renderings of our proposed homes. Energy Efficiency The homes that Pulte will be constructing will have extremely high energy efficiency. Each home is tested using the Home Energy Rating System (HERS) index, which is the industry standard for measuring energy efficiency. Heating, cooling, and water heating constitute the largest cost of homeownership outside of the mortgage. The U.S. Department of Energy has determined that a typical resale home scores 130 on the HERS Index while a home built to the 2004 International Energy Conservation Code is awarded a rating of 100 (lower is more energy efficient). Pulte Homes measures the HERS score of every new home constructed. The average 5 114 HERS score for our homes runs in the range of 47 to 53. We are building extremely energy - efficient homes that dramatically exceed the International Energy Conservation Code threshold. Phasing & Schedule The City of Shakopee application schedule suggests that staff review, and possible planning commission, and council consideration would occur as follows: Final plat approval Site development Model home opens Full build of homes Summary spring 2025 spring 2025 fall 2026 late 2028 Our proposed community will consist of 83 single-family homes on 65' lots. We are applying for a preliminary plat and RBI, urban residential zoning with no variances or comprehensive plan amendments. We look forward to working with the City Commissioners, Council, and staff as this application progresses through the review process. We respectfully request the City's support of this application. Thank you for your consideration. 6 115 0 Q O z "t-1 O 0 I. O O z V z •„ 0 ) E t -:g ----z3 ct O O u Z v z �. Q � M L N • —1Z3 p? O ,� s Q) Z 'Z 0 N ,° S.- Z M o) t O . o o) . 0 Cu L. 2") ,— :;) Z Licu Ln t a) '-§ QI Q.) o d-, o e3 oL. O L..)(1) *-E, oo �,M O co Z L. :, a, a o �, O u o v aiz, 4e) ,i S v I� a, `e, s 00 •+-, rY) 4..)1Z3 c\11 :'st u(1) (9 . E— 18 r - :" - O�o� z 61)M.2O -� ° �_ .z 0 Q v •Z N Q) S Q* O O L a) v a Le)a, () o) .�` ate, s a U V Q'1'1.)a) O 'I. .2 .2 '-'-' a cz. .z Q 2 -6,..,-,4- -.z S Q 0- Q Q 0 Otz' Q O • v "" 6\I z � � CI. Q) ? 1C3 --IZ3 ()) (I) .-Z "E e s O O. Q L.").�, • �, N Q) E 0) 0 i O Q) Q) 00 O Q LI 0 Q 5 O Q) O E E O1 Q) Ql 0 V N. O O 0 U a Q 5 O N Ln el' L s O • 5 00 co V •- 5 O O N • V E 0 N Q) co 0 V Q O E O v a, O ,�, a Q R • V 7Cit V E 0 O 2 0 • V w Z o z Oo Oft U VI a J o) o Q6 O v) c3S O ��Q) (1) CD ini-,'' E O QQ) Z N 4.4 O N a. ^ W , W • ..., Q Q a0 , N GI L. O) � cn 1Z3 v) a O U Z a 9E'6zL M„0S,SLaf0S' o V M o N o i O z oLr� v z u o ^ � � Pt aS Jo WI 3N o ° a p po aull 4saM L 0 Co LUND WAY 4 biyi N M Lri N07 AV/V\ a N fl1 X_ \ WWS.l EOI , 3,iZil,SI000S Et' Lzs 1 O7'08 05'59 05'59 05'59 F- w w I av) 7r I -u- 0 W N VI w Z= v) 2 O cc u_ DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: CO I- IJJ VI Z (FROM SHEET 2 OF 4 SHEETS) 'Duff 'saD!Aaas Ieuo!ssaJoad pooITsaM 17 OZ O \ \ T,...,O N \ GI -Duff 'saD!Aaas Ieuo!ssaJoad pooITsaM 17 OZ O 8.17Z CO Lai 61 r E'0E c 966 .Duff 'saD!Aaas Ieuo!ssaJoad pooITsaM 17 OZ O O ,. oci Ln N N W al v) Sri N N0.) dl 0'0E cc 8'Z£6 (6'(:=) (Z)3S cr O' - E*6 / OM3S EZE6 1 CO l I N; b'£E6 (6'(=.) (L)3S M .C HWL L'6Z6 OM3S (L'6Z6) 6'Z£6 0 N _ 0'1 0'1 GAS - 'Duff 'saD!Aaas Ieuo!ssaJoad pooITsaM 17 OZ © .Duff 'saD!Aaas Ieuo!ssaJoad pooITsaM SZO? © N N N N N 0 O N VARIES 8' TO 14' SHOULDER/ TURN LANE O F- . o 7 J v)m W_ Q > Oo N - Li w zI OI— V D uu co co cc D V N N N N c4 N 7 4 DETAIL 4002) W Q I - w C/) z iJ iJ V) -Duff 'saD!Aaas Ieuo!ssaJoad pooITsaM SZO? © City of Shakopee Memorandum TO: Mark Noble, Senior Planner FROM: Darin Manning, Project Engineer SUBJECT: Final Plat—Palamino Trail PROJECT: PLAT -000275-2025 DATE: March 20, 2025 The staff review indicates a request to review a Final Plat application for the Palomino Trail Development. Palomino Trail is located south of TH 169, east of County Road 69 (Old Brick Yard Road) and west of County Road 15 (Marystown Road). This review should be considered preliminary, as more comments will follow with additional submittals. However, the Engineering Department offers the following comments at this time to the applicant and to the planning department: The following items need to be addressed/completed prior to release of the Final Plat for recording: 1. Plan review and plat review redlined comments are attached to this memo and must be addressed and approved by the City Engineer. 2. Refer to Shakopee Public Utilities comments for watermain. 3. Conduct a title search to confirm other interests on the property. 4. The plans must include design and construction of the trail along the bluff that connects to the existing trail northeast of development (see redlines on plans). No grading shall be allowed within the bluff limits. 5. All trails that encroach within a lot shall require a standalone trail easement. This easement shall extend to three feet on each side of the trail (trail located in Lots 1 & 2, Block 3). 6. The Developer shall grant a conservation easement to the City over the portion of the bluff impact zone located within Lots 1 and 2, Block 3. C:\Users\EASYPD' 1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@5C0926CA\@BCL@5C0926CA.docx 1 of 3 127 7. The Developer shall install conservation easement signs and posts on Lots 1 and 2, Block 3, delineating the location of the bluff impact zone. 8. Coordinate with the gas company (Northern States Power Co.) for permission to construct the proposed storm sewer within their easement. 9. Easements will be shown on the Final Plat as approved by the City Engineer. They include, but are not limited to the following: • Verify appropriate drainage and utility easements for public sanitary sewer, storm sewer and watermain systems are provided. The minimum widths of drainage and utility easements are set forth in Section 10.1.A -D of the City of Shakopee Design Criteria • Refer to plan review redlined comments for specific locations where additional easement is required. • Dedicate drainage and utility easement to encompass the 100 -year high water level of all storm water basins. 10. Approval of the final plat does not constitute approval of the submitted construction plans 11. Execution of a Developer's Agreement, which needs to include provisions for a letter of credit or cash security equal to 125 percent of the estimated total cost of the improvements, plus 100 percent of the estimated costs of city inspection and administration. 12. Pay all applicable fees/charges listed below, as required by the most current City of Shakopee Fee Schedule. • Street and Utility Fee • Watermain Fee • Trunk Storm Water Charge • Trunk Sanitary Sewer Charge • Sign Installation Fee • Bituminous Sealcoat Fee • Storm Water Management Plan Review Fees 13. At a minimum, obtain conditional approval of the development's storm water management plan. 14. Prior to discharging into a storm water basin, pretreatment must be provided. 15. The maximum allowable sanitary sewer depth is thirty (30) feet. 16. 17th Avenue shall be designed as a collector street and to State Aid and Scott County standards. C:\Users\EASYPD' 1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@5C0926CA\@BCL@5C0926CA.docx 2 of 3 128 17. Plans must be provided to Scott County for review and any conditions imposed by the county must be adhered to by the applicant. 18. Provide electronic files (AutoCAD and Portable Document Format — PDF) of the Final Plat to be recorded with datum on the Scott County coordinate system. The following items need to be addressed/completed prior to approval of a grading permit, a street and utility plan and/or a building permit: 19. Obtain final approval of the subdivision's storm water management plan. 20. Obtain a NPDES construction site permit prior to any land disturbing activity. A copy of the permit must be provided to the city. 21. Pay all applicable fees and submit security for grading permit as required by the most current City of Shakopee Fee Schedule. 22. Grade the entire site, as proposed on the approved plans, in one phase within one year from the date of approval of the grading permit application. Grading is defined as bringing the site to the proposed finished grade with materials deemed acceptable by the City of Shakopee engineering department, providing topsoil per City requirements and applying seed, mulch and/or sod per City requirements and providing an as -built record grading plan per Section 2.5 of the City of Shakopee Design Criteria. 23. Submit detailed pavement design calculations. 24. Submit a small utilities joint trench design and detail (Shakopee Detail 5009). 25. The contractor must submit a Construction Management Plan to the city prior to any construction activities. 26. Record plans need to be provided per the City of Shakopee Design Criteria, Section 2.5 and Section 11.2 (A -L). The record plans need to be certified and submitted to the engineering department. Provide a letter from the engineer of record certifying all improvements were constructed per approved plans and under the direct supervision of the engineer of record. Recommendation The Engineering Department recommends approval of the application subject to the conditions above being addressed/completed by the applicant. C:\Users\EASYPD' 1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@5C0926CA\@BCL@5C0926CA.docx 3 of 3 129 SCOTT COUNTY TRANSPORTATION SERVICES DIVISION � � GOVERNMENT CENTER EAST, 200 FOURTH AVENUE WEST•SHAKOPEE, MN 55379 ��� (952) 496-8346 Fax: (952) 496-8365 U. www.scottcountymn.gov March 20, 2025 Mark Noble Senior Planner City of Shakopee 485 Gorman Street Shakopee, MN 55379 SUBJECT: Palomino Trail Final Plat Review Letter Dear Mark, Thank you for the opportunity to review the Palomino Trail development. We have reviewed the final plat and have the following comments: • The County has agreed to cost participate in the oversizing of 17th Avenue from a City collector road to a County road standard. A cooperative agreement is required between the City and County for the County's participation in the construction of County Highway (CH) 16. It is unknown at this time what the County's participation will be, as we do not have detailed State Aid construction plans or a cost estimate to review. The agreement shall include provisions for ongoing maintenance of the trees proposed in County right of way. The County will also need to approve any landscaping plan (tree type and location) proposed in the right of way. • Cost estimates and final construction plans are needed for the CH 16/17th Avenue extension. • No ponding, berming or signage shall be permitted in the County right of way. • Any work within the County right of way, including any tree maintenance, will require a permit from Scott County. If you have any questions or need further information, please contact me at tdill@co.scott.mn.us or 952-496-8839. Sincerely, Terri Dill Principal Planner — Transportation An Equal Opportunity/Safety Aware Employer 130 Palomino Trail March 20, 2025 Page 2 of 2 Cc: Lisa Freese, Transportation Services Director Tony Winiecki, County Engineer Craig Jenson, Transportation Planning Manager Mark Callahan, Scott County Traffic Engineer Curt Anderson, Right of Way Administrator Alex Jordan, City Engineer, City of Shakopee 131 \\\41141(t4 \ 1 11 � � \1 p1\ �� \ \\\ \ \1 11 �\ \\ \,\‘ \es \ \\\\\-\\-\\* \\\ I \\ , ,\\\\\ \ \\\\ \‘\\\ \\ \ \1 \ \ 1 \ 11 �\ \\41 01\\\ \111 \11oe\o l o / \ \1 \\\I ‘\� I1������\col �r_���� _ ���� f re\ 11 11 \.\ \ I I III e\�\\ �� 1 e _ __ \ 1 / 11 1\\ \ 1\\\A\\\\\k IIII e ((—( \ \\ 1\ \ 11\`\ 11 ll/ I 1(1O\ � , 4\k o� e 1 \ \ l l // <<I1 1 \ \` N o I ��o� \� ` \ I t \ \ \ �\\111 \\\\\\� o III ��;�`������`��� \ r \\\\ \\ �\ \ 11111 �\1\\ \ \\\ \\\\\\\\\\ ,\\ • ��� ) I 1 1 = ` � \�\�� \ r r } r \ e \\ \\‘01,\\ , NV / \\ 11111 f \ 1\ \\ \\ \\ \1 1111\\ NN l � //1111 I < < 1 I I 1 1 1 11 1 ,� e j// /// / 11111 \ / 1111\i 1111 111111111\ f —--� ////////////� e III I I\\')\111'14, I — —= \ 1 // // / / / 1111 \ - 1 ) ��\\11\J///-'f-�-��1 Ifrf//�//////� or 1 \ 1 11, = _ 11 II �I X111 ► \» r 1�\ \ \11111 eo — � I I►I 1 I (I O i k o 1\ 1 \\\\ 11 \\o%�— l'',))/111))1111\1111111t \\ \ J \ 1\\\\\1\\\� 1\\ \ \\\ \`5-----------;-//)--1111 e\e \.` ♦o111 \\\\\\\\\,,1I,\ e 1 ` 1 1 1 1 \\\\,\\o�,�? //4i,..;_,;,...:::,.....;.____.----�/ 111\\� tea. / 1 ) 1 1 11\1\\ e\ - ll ///////0/1 /%---------==-' � \\\\\ 1 0 / / / I \\,\ , I /// II r I\ N N\\o ,. \ 1 / l I //�////////11 I 1 �- J- \\ � � 11 I( I 1\ \)1/// 11\\� I \ \\\ `sue \ t �� / ///j//jl I I I 1 \ \ '\‘', o�o\e - \ \ \ e 1 1 1 1 1 i 1 1 //////// 1 \ \e \ N ���\ ` \ \ \ \ \ \ \ \ . ,\ \\ lI/j/1/ \ \_e \` \ / e\ \ \ \ \\111 (I(t��e \off ��\\o\�\�� \� \ \ \ \ N \ N\ \\\111 \\\ \\ \\\�\ ��� \e ` \ \ r 1 \ \ \ \ e N \\ \\ \\\\\\\\\ N\\\) > > \ \ \\:\\\\\ \ :,:1,. • \,...\\ \:\ \\,.. \ i l \ \ \ \ \ \ \ i 4 AWIVAIP.tito 44, �►� ��,-_ ��1v.���r •.�,r ,�--A'Ci.. mow. �� - ,� �: - � �� s. -ate r! --- � kr. mn Ire e\\\\ o `\ \\\ \ \\‘ \ N \\\\ \ \e \ \ \ I I 1 ) 1111 I / I ,1/ 1 1 ( II l\ 1 \ I 1 I � 1 ) I� I / I I ( I I/ 11< < C 11 I \ \(�l`` 1 `\\ i)"‘\\\ • \ 11\\ \\\\\ \\11110 N \ / ll( 1 I /i1 J ) IIII II ( I I �� //ll/I\\ \ I Ir%, ' r� \\` 1 1 \ � x\11 I 1 ��\\ �\ �J \� \\\ 11111) ��o�` �)>>lll l / X111 11 111 / //f 1 ....... / ,\ 'r .�.... „ H i 1 N i .Duff 'saD!Aaas Ieuo!ssaJoad pooITsaM 17 OZ O \\11l1 \ \ \ e 1\1( 1\ \ e re\ \ 1 I 1 \ \ `� \1 I \\ N `\ I ll \` \ \ 1 \\ N \ \\ \ \\ \ \ \\\ \ \` \\ \� \\\ \ \♦ \ \1 1 1 \\ \ \ ) \\\\\ N •, \I\ ii!) /I 1 \ ♦\\N` 111/iI I I .\\♦ \ 1 IIII / I I 1 ♦` 1� I I I \ \ 1i IIII I I t 1 / 1 I 11 IIII \ \ 1 / / o/ / I / / /1 IIl1 I \ \ 1 l 1`\ \\11I I \ 1111 \ 1 \ \ `` \ \ \ \ \ \\ - NNN \ \ \\\\ \ - _,Ne`\\\\♦\\\ ♦ \\ 111 \ " \e\\ `\ \\ \ \ \ \ \ \ \ \ \\\\ \\ \\\ 0 I 1 Ill \ / / I \\\‘ \ \ 1 I 1 I / J ♦ .- /1 l l ) y 1 I I I / % --,�i/ 1� ill I I j .zz.i---' -- ///////11,111 I I i/zy-,/,--/,/// ` % / //"/1 I 1 '/�i��� i 1j/ /// / / / / II / / 1 // / / ���� // / / It /\Ii 1\\ `\` I \.:: f\(/' /' \\� \\ \ \ WO \\ \ \ -\\\♦\`\\\\-\♦\\\\\ \ \\ \ , \ , \ k N \\ \ \ \ N \\\\S\ \\"\ \ .♦ \\\••\``\\\\\ \ ` 1 1 / o \ \` \ ♦ \ \ \ \ / r /' \\\\\\\\.\\O\ 1 I /\ \\ ;\,.\`\\♦\\� \ \ \.\\\ -;\;;\ \,\,\ \\ \\ / / ;\\\. \ .\\ \ , „ \\ , , \ \ r .\ \\\ \\\\\\\\\\\\\ \ \ \ I 1 \ ♦\\\\ \\\ \\\` \ / \ \`. \ \\.\\\\\x\ ,\A\\.\ \\, \ , \ \ • \. -,. \. e L A lOPT Ott \fr. 1141i,„, hxv\jf„,,,A 417- I � � / 4'47 _ / \ .Duff 'saD!Aaas Ieuo!ssaJoad pooITsaM 17 OZ O ►rt ........ . 1 _d_ _ _1 _ _LI .pli -- 1 I lie Atiii 11— ' • 17 ;1 y \ 14O, 7 ,, It I i i .1 1 .7r i \ ( \ i / I 'III Ilki_ _ ii C6 I till]....1.....-L ., • �..4... OtAt Ak f. l_ ' titIF A ;11P7 I ,.. I \ • I 3; C •3 3 3 3 3 3 3 3 3 3 1 3 3 3 3 3 3 3 •••- 3 3 • :••••,v i 3 i 3 3 3 ; •3 ::ii: 3 3 3 3 3 3 3 3 3 3 i 3 : .i i 3 9 9 i • • •. j 3. �9 • 9 • .9 : 3 • • 3 '•. 3 3 t 9 3 9 9 9 3 9 9 9 9 9 9 9 9 9 3 9 9 9 9 9 9 3 9 9 9 9 9 9 9 9 3 9 9 9 9 9 3 9 9 3 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 3 3 9 3 . i••..A..... i..... ...........1 1 3 3 3 9 9 Li; L .....9... lyi.a+ -DUI 'saD!Aaas Ieuo!ssaJoad pooITsaM 17 OZ O .................. .... •• - f 0141MO 4 • •. 4c11 *tli" rte, *741 OP% - WO" r J I I 1 i • 7 / .Duff 'saD!Aaas Ieuo!ssaJoad pooITsaM 17 OZ O SHAKOPEE Agenda Item: Prepared by: Reviewed by: Shakopee City Council 5.j April 1, 2025 Tahpah Field Baseball Improvements - Left Field Patio Bill Delaney, Senior Planner Michael Kerski Action to be considered: Recommend Approval of plans. Motion Type: Simple Majority Background: Multiple baseball organizations are working together and wish to construct an enlarged spectator patio along the left field line. Patio would allow for better viewing of game add a unique social atmosphere component and provide additional ADA viewing options. Access to the field for maintenance would be facilitated with heavy duty concrete at trafficway and gate to access the field when required. Safety fence to consist of a 3' chain - link fence at base, with netting above that to a total height of 8'. Warning track to be reconstructed out from fence. See plan attached. Recommendation: Approve the suggested action per the attached plan and specified fence/screen height. Budget Impact: This project is paid for by fundraising efforts of the baseball organizations. No city funding will be required. Attachments: STADIUM IMPROVEMENTS 3-3-2025.pdf 136 SHAKOPEE Agenda Item: Prepared by: Reviewed by: Shakopee City Council 10.a April 1, 2025 City Bill List Becky Smith, Accounting Specialist Action to be considered: Review of City Bill List Motion Type: Informational only Background: The City Bill has been provided to the City Council. Recommendation: Review of City Bill List Budget Impact: N/A Attachments: 138