HomeMy WebLinkAbout2024-05-15 City Council Regular Meeting Packet (Board) (1)1
COTTAGE GROVE CITY COUNCIL May 15, 2024
12800 RAVINE PARKWAY SOUTH
COTTAGE GROVE, MINNESOTA 55016
COUNCIL CHAMBER- 7:00 PM
1 Call to Order
2 Pledge of Allegiance
3 Roll Call
4 Open Forum
5 Adoption of Agenda
6 Presentations
A Swearing In Ceremony, Deputy Fire Chief Nicholas Arrigoni and Fire Captain Brandon
Ekron
Staff Recommendation: Recognize the promotions and do the swearing in of Deputy Fire Chief Nicholas
Arrigoni and Fire Captain Brandon Ekron.
B 2024 Historic Preservationist of the Year
Staff Recommendation: Present the 2024 Historic Preservationists of the Year Award to Cindy Yff and Kathy
DeMarre for their efforts of research and compilation of information on the Old People’s Home and
Cemetery that will inform future generations of the history and significance of the site.
C 2024 Historic Preservation Month
Staff Recommendation: Declare May 2024 as Historic Preservation Month for the City of Cottage Grove.
D Building Safety Month Proclamation
Staff Recommendation: Proclaim May 2024 as Building Safety Month.
E Public Works Proclamation
Staff Recommendation: Proclaim May 19-25, 2024 as National Public Works Week in the City of Cottage
Grove.
7 Consent Agenda
A Rental License Approvals
Staff Recommendation: Approve the issuance of rental licenses to the properties in the attached table.
B Service Agreement - SafeAssure
Staff Recommendation: Approve the service agreement with SafeAssure for workplace safety consultant
services.
C Assistant Finance Director - Hiring
Staff Recommendation: Approve the hiring of Judy Afdahl as Assistant Finance Director, effective June 3rd,
2024.
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D East Metro Human Trafficking Task Force Joint Powers Agreement
Staff Recommendation: Approve the amended and restated joint powers agreement of the East Metro
Human Trafficking Task Force.
E BNSF Pipeline Licenses
Staff Recommendation: Approve the pipeline licenses with BNSF Railway Company and authorize Public
Works Director Ryan Burfeind to sign the agreements.
F Northern Natural Gas – Temporary Construction Easement
Staff Recommendation: Enter into a temporary construction easement agreement with Northern Natural
Gas.
G Minor Subdivision and Variances at 9670 East Point Douglas Road South
Staff Recommendation: Adopt Resolution 2024-080 approving the minor subdivision dividing a 10.17-acre
parcel of land located at 9670 Kimbro Avenue South into one 6.086-acre parcel and one 4.086-acre parcel,
and variances to the minimum front width of the new parcel and a 6-foot setback for the existing driveway.
H Gerber Collision – Approve Easement and Encroachment Agreements
Staff Recommendation: Approve the Easement and Enchroachment Agreements with Gerber Collision.
I TH 61 River Oaks RCUT – Cooperative Construction Agreement
Staff Recommendation: Adopt Resolution 2024-084 approving the State of Minnesota Department of
Transportation and City of Cottage Grove Cooperative Construction Agreement for the TH 61 River Oaks
RCUT.
J Safe Streets and Roads for All (SS4A)
Staff Recommendation: Adopt Resolution 2024-081 authorizing the city to apply for funding from the Safe
Streets and Roads for All (SS4A) Grant Program.
K 2024 Joint Crack Sealing – Quote Award
Staff Recommendation: Adopt Resolution 2024-082 awarding the 2024 Joint Crack Sealing Project to the
accepted quote supplied by Asphalt Surface Technologies, Inc. in the amount of $126,440.00, and the
appropriate officials are hereby authorized to sign all necessary documents to effectuate these actions.
L 2024 Joint Street Striping – Quote Award
Staff Recommendation: Adopt Resolution 2024-083 awarding the 2024 Joint Street Striping project to the
lowest accepted quote supplied by Sir Lines-A-Lot, LLC in the amount of $60,676.03, and the appropriate
officials are hereby authorized to sign all necessary documents to effectuate these actions.
8 Approve Disbursements
A Approved disbursements from 4/26/2024 through 5/8/2024 in the amount of
$4,386,017.99
9 Public Hearings
10 Bid Awards
11 Regular Agenda
12 Council Comments and Requests
13 Workshops - Open to Public
A Public Safety 5-Year Strategic Plan
Staff Recommendation: Receive information regarding the Public Safety 5-year Strategic Plan.
14 Workshops - Closed to Public
15 Adjournment
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City Council Action Request
6.A.
Meeting Date 5/15/2024
Department Public Safety
Agenda Category Presentation
Title Swearing In Ceremony, Deputy Fire Chief Nicholas Arrigoni and
Fire Captain Brandon Ekron
Staff Recommendation Recognize the promotions and do the swearing in of Deputy Fire
Chief Nicholas Arrigoni and Fire Captain Brandon Ekron.
Budget Implication N/A
Attachments None
1
City Council Action Request
6.B.
Meeting Date 5/15/2024
Department Community Development
Agenda Category Presentation
Title 2024 Historic Preservationist of the Year
Staff Recommendation Present the 2024 Historic Preservationists of the Year Award to
Cindy Yff and Kathy DeMarre for their efforts of research and
compilation of information on the Old People’s Home and Cemetery
that will inform future generations of the history and significance of
the site.
Budget Implication N/A
Attachments 1. 2024 Preservationist of the Year CC Memo
TO: Honorable Mayor and City Council
Jennifer Levitt, City Administrator
FROM: Mike Mrosla, Senior Planner
Conner Jakes, Associate Planner
DATE: May 9, 2024
RE: 2024 Historic Preservationist of the Year
Introduction
The Advisory Committee on Historic Preservation (ACHP) annually nominates a person or organ-
ization who goes above and beyond to promote an aspect of Cottage Grove ’s history that helps
to share our understanding and general knowledge of the people and places of our past . This
year the ACHP solicitated nominations from the community and launched the Historic Preserva-
tionist of the Year nomination webpage on March 18, 2024 and was open until April 5, 2024.
Discussion
At its April 9, 2024, meeting the ACHP reviewed the nominations and voted unanimously to name
Cindy Yff and Kathy DeMarre as the 2024 Historic Preservationists of the Year. Cindy and Kathy
have been researching the Old People’s Home and Cemetery located off of 70th Street between
the intersection of 70th Street and Goodview, and the intersection of 70th Street and Granada.
Honorable Mayor, City Council, and Jennifer Levitt
2024 Historic Preservationist of the Year
May 9, 2024
Page 2 of 2
Prior to Cindy and Kathy’s research, very little information existed regarding the home and cem-
etery. Throughout the past year Cindy and Kathy have conducted thorough research with a desire
to honor those who have seemingly been forgotten. The work that has been completed has re-
sulted in a binder containing detailed information on the history of the home and cemetery, as well
as information on those who have been interred in the cemetery.
The ACHP desires to honor Kathy and Cindy for their exemplary efforts and work on researching
and compiling detailed information on the Old People’s Home and Cemetery. The information they
have compiled will live on to inform future generations of Cottage Grove residents about a site
that may have otherwise been forgotten.
Recommendation
Present the 2024 Historic Preservationists of the Year Award to Cindy Yff and Kathy DeMarre
for their efforts of research and compilation of information on the Old People’s Home and
Cemetery that will inform future generations of the history and significance of the site.
1
City Council Action Request
6.C.
Meeting Date 5/15/2024
Department Community Development
Agenda Category Presentation
Title 2024 Historic Preservation Month
Staff Recommendation Declare May 2024 as Historic Preservation Month for the City of
Cottage Grove.
Budget Implication N/A
Attachments 1. Historic Preservation Month Proclamation 2024
PROCLAMATION
May 2024: Historic Preservation Month
WHEREAS: People have been gathering in this area currently known as Cottage Grove,
Minnesota for many years before and after recorded history; and
WHEREAS: Each individual, family, or group of people that visited or lived in this community
has contributed in one form or another to the interesting fabric that binds our past
and present together; and
WHEREAS: The Cottage Grove City Council wishes to recognize the importance of learning
and keeping the knowledge of our unique history accessible and relevant to
current and new residents as well as the general public; and
WHEREAS: The Cottage Grove City Council holds deep gratitude for individuals and
organizations that gather, interpret, and share information and stories on our
distant and current past.
NOW, THEREFORE, the Mayor and City Council of the City of Cottage Grove, County of
Washington, State of Minnesota, hereby proclaim that May 2024 shall be declared
Historic Preservation Month for the City of Cottage Grove, Minnesota, and all are
invited to explore our history, your history, and the history of generations to
come.
Passed this Wednesday, the 15th Day of May 2024
_____________________________________
Myron Bailey
Mayor
1
City Council Action Request
6.D.
Meeting Date 5/15/2024
Department Community Development
Agenda Category Presentation
Title Building Safety Month Proclamation
Staff Recommendation Proclaim May 2024 as Building Safety Month.
Budget Implication N/A
Attachments 1. Building Safety Month Proclamation
PROCLAMATION
Building Safety Month
WHEREAS: Cottage Grove is committed to recognizing that the growth and strength of our
community depends on the safety and essential role our homes, buildings and
infrastructure play; and
WHEREAS: We are confident in the vigilant experts in building safety, fire prevention, and
others in the construction industry who work year-round to ensure the safe
construction of buildings; and
WHEREAS: Building Safety Month is also a time to remind the public about the critical role of
our local code officials who assure us of safe, sustainable, and affordable buildings
that are essential to our prosperity; and
WHEREAS: Each year, in observance of Building Safety Month, people all over the world are
asked to consider the commitment to improve building safety, resilience and
economic investment at home and in the community, and to acknowledge the
essential service provided to all of us by local and state building departments, fire
prevention bureaus, and federal agencies in protecting lives and property.
NOW, THEREFORE, the Mayor and City Council of the City of Cottage Grove, County of
Washington, State of Minnesota, hereby proclaim the month of May 2024 to be designated as
Building Safety Month.
Passed this Wednesday, the 15th day of May 2024.
_____________________________________
Myron Bailey
Mayor
1
City Council Action Request
6.E.
Meeting Date 5/15/2024
Department Public Works
Agenda Category Presentation
Title Public Works Proclamation
Staff Recommendation Proclaim May 19-25, 2024 as National Public Works Week in the
City of Cottage Grove.
Budget Implication N/A
Attachments 1. Public Works Proclamation 2024
PROCLAMATION
National Public Works Week: May 19-25, 2024
“Advancing Quality of Life For All”
WHEREAS, public works professionals focus on infrastructure, facilities and services that are of vital importance to
sustainable and resilient communities and to the public health, high quality of life and well-being of the people of
Cottage Grove; and,
WHEREAS, these infrastructure, facilities and services could not be provided without the dedicated efforts of public
works professionals, who are engineers, managers, and employees at all levels of government and the private sector,
who are responsible for rebuilding, improving, and protecting our nation’s transportation, water supply, water
treatment and solid waste systems, public buildings, and other structures and facilities essential for our citizens; and,
WHEREAS, it is in the public interest for the citizens, civic leaders and children in Cottage Grove to gain knowledge of
and to maintain an ongoing interest and understanding of the importance of public works and public works programs in
their respective communities; and,
WHEREAS, the year 2024 marks the 64th annual National Public Works Week sponsored by the American Public Works
Association/Canadian Public Works Association be it now,
NOW, THEREFORE, the Mayor and City Council of City of Cottage Grove, County of Washington, State of Minnesota do
hereby designate the week May 19–25, 2024 as National Public Works Week; I urge all citizens to join with
representatives of the American Public Works Association and government agencies in activities, events, and
ceremonies designed to pay tribute to our public works professionals, engineers, managers, and employees and to
recognize the substantial contributions they make to protecting our national health, safety, and advancing quality of life
for all.
Passed this Wednesday, the 15th day of May 2024.
_________________________________________
Myron Bailey
Mayor
1
City Council Action Request
7.A.
Meeting Date 5/15/2024
Department Community Development
Agenda Category Action Item
Title Rental License Approvals
Staff Recommendation Approve the issuance of rental licenses to the properties in the
attached table.
Budget Implication N/A
Attachments 1. Rental License Approvals CC Memo
2. Rental License Approvals Table
TO: Honorable Mayor and City Council
Jennifer Levitt, City Administrator
FROM: Samantha Drewry, Code Enforcement Officer
DATE: May 9, 2024
RE: Rental License Approvals
Background/Discussion
Rental licenses are required for nonowner-occupied residential properties (City Code Title
9-13, Property Maintenance, and Title 9 -14, Rental Licensing) and are issued on a
biennial basis. The licensing process includes submittal of the rental license application,
payment of $180, and public criminal history report. Rental inspections are conducted on
all rental properties as part of the licensing process. Once all information has been sub -
mitted and the inspection satisfactorily completed, the Council must approve the license
prior to it being issued.
The properties listed in the attached table have completed the licensing process and are
ready to have their licenses issued following Council approval.
Recommendation
Approve the issuance of rental licenses to the properties in the attached table.
2024 RENTAL LICENSES
CITY COUNCIL APPROVAL - MAY 15, 2024
RENTAL LICENSE
NUMBER
PROPERTY
STREET #PROPERTY STREET NAME PROPERTY OWNER
RENT-002356 6432 Genevieve Trail South Nate Estem
RENT-001926 6887 Pine Crest Trail South Zhu, Wenjie
RENT-002370 10229 Goodview Circle South Valluri, Muralidhar
RENT-002373 6593 Hinterland Trail South Gardiner, Sydney
1
City Council Action Request
7.B.
Meeting Date 5/15/2024
Department Administration
Agenda Category Action Item
Title Service Agreement - SafeAssure
Staff Recommendation Approve the service agreement with SafeAssure for workplace
safety consultant services.
Budget Implication $9,819.33 - Self-Insurance Fund
Attachments 1. Safety Consultant Memo
2. Agreement for Professional Services -SafeAssure Consultants Inc..docx
3. Cottage Grove Service Agreement 2024
Background
For many years, Safe Assure has been a trusted partner in ensuring workplace safety for the
City. Their comprehensive services, outlined in the attached agreement, include:
•Monthly safety training programs to keep employees informed and prepared.
•Regular attendance at Safety Committee meetings to provide expert guidance and
collaborate on initiatives.
•Proactive facility walk-throughs to identify and address potential hazards before
incidents occur.
•Mock OSHA inspections to prepare The City for potential regulatory reviews and
ensure compliance.
•Convenient website hosting for safety data sheets (SDS), offering employees easy
access to critical safety information.
Action Requested
Consider approving the service agreement with SafeAssure in the amount of $9,819.33 for the
next year.
To:Honorable Mayor and City Council Members
From:Joe Fischbach, HR Manager
Date:May 8, 2024
Subject:Safety Consultant Service Agreement
1
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT (“Agreement”) is made and executed this 15th day of May, 2024, by and
between the City of Cottage Grove, 12800 Ravine Parkway South, Cottage Grove, Minnesota
55016, (“City”) and SafeAssure Consultants, Inc., 7505 93rd Avenue NE, Spicer, Minnesota 56288
(“Consultant”).
WHEREAS, the City has accepted the proposal of the Consultant for certain professional Services;
and
WHEREAS, Consultant desires to perform the Services for the City under the terms and conditions
set forth in this Agreement.
NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby
agreed as follows:
1. SERVICES.
a. City agrees to engage Consultant as an independent contractor for the purpose of
performing certain professional Services (“Services”), as defined in the following
documents:
i. A proposal dated June 1, 2024, incorporated herein as Exhibit A;
ii. Where terms and conditions of this Agreement and those terms and
conditions included in Exhibit A specifically conflict, the terms of this
Agreement shall apply;
b. Consultant covenants and agrees to provide Services to the satisfaction of the City
in a timely fashion, as set forth in Exhibit A, subject to Section 7 of this Agreement.
2. PAYMENT.
a. City agrees to pay and Consultant agrees to receive and accept payment for Services
as set forth in Exhibit A.
b. Any changes in the scope of the work of the Services that may result in an increase
to the compensation due the Consultant shall require prior written approval by the
authorized representative of the City or by the City Council. The City will not pay
additional compensation for Services that do not have prior written authorization.
3. TERM. The term of this Agreement shall commence on the date written in the initial
paragraph of this Agreement and shall terminate on May 31, 2025, unless all agreed upon
2
tasks have been satisfactorily completed by Consultant or the Agreement is terminated
prior to that date pursuant to Section 4. This Agreement may be extended upon the written
mutual consent of the parties for such additional a period as they deem appropriate, and
upon the same terms and conditions as herein stated.
4. TERMINATION.
a. Termination by Either Party. This Agreement may be terminated by either party
upon 30 days’ written notice delivered to the other party to the addresses listed in
Section 13 of this Agreement. Upon termination under this provision, if there is no
default by the Consultant, Consultant shall be paid for Services rendered and
reimbursable expenses until the effective date of termination.
b. Termination Due to Default. This Agreement may be terminated by either party upon
written notice in the event of substantial failure by the other party to perform in
accordance with the terms of this Agreement. The non-performing party shall have
fifteen (15) calendar days from the date of the termination notice to cure or to submit
a plan for cure that is acceptable to the other party.
5. SUBCONTRACTORS. Consultant shall not enter into subcontracts for any of the Services
provided for in this Agreement without the express written consent of the City, unless
specifically provided for in Exhibit A. The Consultant shall pay any subcontractor involved
in the performance of this Agreement within the ten (10) days of the Consultant’s receipt
of payment by the City for undisputed services provided by the subcontractor.
6. STANDARD OF CARE. In performing its Services, Consultant will use that degree of
care and skill ordinarily exercised, under similar circumstances, by reputable members of
its profession in the same locality at the time the Services are provided. No warranty,
express or implied, is made or intended by Consultant’s undertaking herein or its
performance of Services.
7. DELAY IN PERFORMANCE. Neither City nor Consultant shall be considered in default of
this Agreement for delays in performance caused by circumstances beyond the reasonable
control of the nonperforming party. For purposes of this Agreement, such circumstances
include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire;
epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and
other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses
or authorizations from any local, state, or federal agency for any of the supplies, materials,
accesses, or services required to be provided by either City or Consultant under this
Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable
time of being prevented from performing, give written notice to the other party describing the
circumstances preventing continued performance and the efforts being made to resume
performance of this Agreement. Consultant will be entitled to payment for its reasonable
additional charges, if any, due to the delay.
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8. CITY’S REPRESENTATIVE. The City has designated Jennifer Levitt to act as the City’s
representative with respect to the Services to be performed under this Agreement. She
shall have complete authority to transmit instructions, receive information, interpret, and
define the City’s policy and decisions with respect to the Services covered by this
Agreement.
9. PROJECT MANAGER AND STAFFING. The Consultant has designated Chadwick
Peterson to be the primary contact for the City in the performance of the Services. He shall
be assisted by other staff members as necessary to facilitate the completion of the Services
in accordance with the terms established herein. Consultant may not remove or replace
these designated staff without the approval of the City.
10. INDEMNIFICATION.
a. Consultant and City each agree to indemnify, and hold harmless each other, its agents
and employees, from and against legal liability for all claims, losses, damages, and
expenses to the extent such claims, losses, damages, or expenses are caused by its
negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses
are caused by the joint or concurrent negligence of Consultant and City, they shall be
borne by each party in proportion to its own negligence.
b. Consultant shall indemnify City against legal liability for damages arising out of
claims by Consultant’s employees. City shall indemnify Consultant against legal
liability for damages arising out of claims by City’s employees.
11. INSURANCE. During the performance of the Services under this Agreement, Consultant
shall maintain the following insurance:
a. General Liability Insurance, with a limit of $2,000,000 for any number of claims
arising out of a single occurrence;
b. Professional Liability Insurance, with a limit of $2,000,000 for any number of
claims arising out of a single occurrence.
c. Workers’ Compensation Insurance in accordance with statutory requirements.
d. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each
person and $1,000,000 for each accident.
Consultant shall furnish the City with certificates of insurance, which shall include a
provision that such insurance shall not be canceled without written notice to the City. The
City shall be named as an additional insured on the General Liability Insurance policy.
12. OWNERSHIP OF DOCUMENTS. Professional documents, drawings, and specifications
prepared by the Consultant as part of the Services shall become the property of the City
4
when Consultant has been compensated for all Services rendered, provided, however, that
Consultant shall have the unrestricted right to their use. Consultant shall retain its rights
in its standard drawing details, specifications, databases, computer software, and other
proprietary property. Rights to proprietary intellectual property developed, utilized, or
modified in the performance of the Services shall remain the property of the Consultant.
13. NOTICES. Notices shall be communicated to the following addresses:
If to City: City of Cottage Grove
12800 Ravine Parkway South
Cottage Grove, MN 55016
Attention: City Administrator
Or e-mailed: JLevitt@cottagegrovemn.gov
If to Consultant: SafeAssure Consultants, Inc.
7505 93rd Avenue NE
Spicer, MN 56288
Attention: Chadwick Peterson
Or emailed: chad@safeassure.com
14. INDEPENDENT CONTRACTOR STATUS. All services provided by Consultant, its
officers, agents and employees pursuant to this Agreement shall be provided as employees
of Consultant or as independent contractors of Consultant and not as employees of the City
for any purpose.
15. GENERAL PROVISIONS.
a. Assignment. This Agreement is not assignable without the mutual written
agreement of the parties.
b. Waiver. A waiver by either City or Consultant of any breach of this Agreement shall
be in writing. Such a waiver shall not affect the waiving party’s rights with respect to
any other or further breach.
c. Governing Law. This Agreement shall be construed in accordance with the laws
of the State of Minnesota and any action must be venued in Washington County
District Court.
d. Severability. If any term of this Agreement is found be void or invalid, such
invalidity shall not affect the remaining terms of this Agreement, which shall
continue in full force and effect.
5
e. Data Practices Compliance. All data collected by the City pursuant to this
Agreement shall be subject to the Minnesota Government Data Practices Act,
Minnesota Statutes, Chapter 13.
f. Entire Agreement. This Agreement constitutes the entire agreement of the parties
and supersedes all prior communications, understandings and agreements relating
to the subject matter hereof, whether oral or written.
CITY OF COTTAGE GROVE
By:
Myron Bailey, Mayor
By:
Tamara Anderson, City Clerk
6
CONSULTANT
By:
Chadwick W. Peterson, President
Page | 0
WHAT SAFEASSURE
will DO FOR
YOU
INFORMATION
PACKET/PROPOSAL
June 2024
Page | 1
The United States Department of Labor, Division of Occupational Safety and Health Administration
and the Minnesota Department of Labor, Division of Occupational Safety and Health Administration
require employers to have documented proof of employee training and written procedures for certain
specific standards. The attached addendum and training schedule clarify written and
training requirements.
The required standards that apply to The City of Cottage Grove are listed below:
A.W.A.I.R.
MN Statute 182.653
"An employer covered by this section must establish a written Work-place Accident & Injury program that promotes
safe & healthful working conditions".
BLOODBORNE PATHOGENS
29 CFR 1910.1030
Each employer having an employee(s) with occupational exposure as defined by paragraph (b) of this section shall
establish a written Exposure Control Plan designed to eliminate or minimize employee exposure.
CONFINED SPACE
29 CFR 1910.146
If the employer decides that its employees will enter permit spaces, the employer shall develop and implement a
written permit space program........
CONTROL OF HAZARDOUS ENERGY
29 CFR 1910.147 &
MN Statute 5207.0600
"Procedures shall be developed, documented & utilized for the control of potentially hazardous energy when
employees are engaged in the activities covered by this section".
EMERGENCY ACTION PLAN
29 CFR 1910.35 THRU .38
"The emergency action plan shall be in writing and shall cover the designated actions employers & employees must
take to insure employee safety from fire & other emergencies".
ERGONOMICS
29 CFR PART 1910.900 THRU 1910.944
“Training required for each employee and their supervisors must address signs and symptoms of MSD’s, MSD
hazards and controls used to address MSD hazards.”
EXCAVATIONS/TRENCHING 1926.651 (k)(1)
Daily inspections of excavations, the adjacent areas, and protective systems shall be made by a competent
person for evidence of a situation that could result in possible cave-ins, indications of failure of protective
systems, hazardous atmospheres, or other hazardous conditions.
GENERAL DUTY CLAUSE
PL91-596
"Hazardous conditions or practices not covered in an O.S.H.A. Standard may be covered under section 5(a)(1) of
the act, which states: Each employer shall furnish to each of {their} employees’ employment and a place of
employment which is free from recognized hazards that are causing or are likely to cause death or serious physical
harm to {their} employees."
Page | 2
HAZARD COMMUNICATIONS
29 CFR 1910.1200 &
MN Statute 5206.0100 thru 5206.1200
"Evaluating the potential hazards of chemicals, and communicating information concerning hazards and appropriate
protective measures to employees may include, but is not limited to, provision for: development & maintaining a
written hazard communication program for the work-place..."
LOGGING OPERATIONS 1910.266 (i)(1)
The employer shall provide training for each employee, including supervisors, at no cost to the employee.
MOBILE EARTHMOVING EQUIPMENT
MN RULES 5207.1000
Mobile earth -moving equipment operators and all other employees working on the ground exposed to
mobile earth -moving equipment shall be trained in the safe work procedures pertaining to mobile earth -
moving equipment and in the recognition of unsafe or hazardous conditions.
OCCUPATIONAL NOISE EXPOSURE
29 CFR 1910.95
The employer shall institute a training program for all employees who are exposed to noise at or above an 8 -hour
time weighted average of 85 decibels and shall ensure employee participation in such a program.
OVERHEAD CRANES
1910.179(j)(3)
Periodic inspection. Complete inspections of the crane shall be performed at intervals as generally defined in
paragraph (j)(1)(ii)(b) of this section, depending upon its activity…………………
PERSONAL PROTECTIVE EQUIPMENT
1926.95 a)
"Application." Protective equipment, including personal protective equipment for eyes, face, head, and extremities,
protective clothing, respiratory devices, and protective shields and barriers, shall be provided, used, and
maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or
environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of
causing injury or impairment in the function of any part of the body through absorption, inhalation or physical
contact.
POWERED INDUSTRIAL TRUCKS
29 CFR 1910.178
“Only trained and authorized operators shall be permitted to operate a powered industrial truck. Methods shall
be devised to train operators in the safe operation of Powered Industrial Trucks”.
RESPIRATORY PROTECTION
29 CFR 1910.134
Written standard operating procedures governing the selection and use of respirators shall be established.
RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES
29 CFR 1904
"Each employer shall maintain in each establishment a log and summary of all occupational injuries and illnesses
for that establishment............"
Page | 3
In the interest of Quality Safety Management, it may be recommended that written procedures and
documented employee training also be provided for the following Subparts when or if applicable during
the Service Agreement year. (Subparts represent multiple standards)
1910 Subparts
Subpart D - Walking - Working Surfaces
Subpart E - Means of Egress
Subpart F - Powered Platforms, Man-lifts, and Vehicle-Mounted Work Platforms
Subpart G - Occupational Health and Environmental Control
Subpart H - Hazardous Materials
Subpart I - Personal Protective Equipment
Subpart J - General Environmental Controls
Subpart K - Medical and First Aid
Subpart L - Fire Protection
Subpart M - Compressed Gas and Compressed Air Equipment
Subpart N - Materials Handling and Storage
Subpart O - Machinery and Machine Guarding
Subpart P - Hand and Portable Powered Tools and Other Hand-Held Equipment.
Subpart Q - Welding, Cutting, and Brazing.
Subpart S - Electrical
Subpart Z - Toxic and Hazardous Substances
1926 Subparts
Subpart C - General Safety and Health Provisions
Subpart D - Occupational Health and Environmental Controls
Subpart E - Personal Protective and Life Saving Equipment
Subpart F - Fire Protection and Prevention
Subpart G - Signs, Signals, and Barricades
Subpart H - Materials Handling, Storage, Use, and Disposal
Subpart I - Tools - Hand and Power
Subpart J - Welding and Cutting
Subpart K - Electrical
Subpart L - Scaffolds
Subpart M - Fall Protection
Subpart N - Cranes, Derricks, Hoists, Elevators, and Conveyors
Subpart O - Motor Vehicles, Mechanized Equipment, and Marine Operations
Subpart P - Excavations
Subpart V - Power Transmission and Distribution
Subpart W - Rollover Protective Structures; Overhead Protection
Subpart X - Stairways and Ladders
Subpart Z - Toxic and Hazardous Substances
Applicable MN OSHA 5205 Rules
Applicable MN OSHA 5207 Rules
Applicable MN OSHA 5206 Rules (Employee Right to Know)
All training on the programs written by SafeAssure Consultants, Inc. will meet or exceed
State and/or Federal OSHA requirements.
Page | 4
These programs/policies and procedures listed on the addendum do not include the cost of hardware
such as labels, signs, etc. and will be the responsibility of The City of Cottage Grove to obtain as
required to comply with OSHA standards.
Our Service Agreement year will begin on the signing of this Service Agreement. Classroom training
will be accomplished at a time convenient to most employees/management and so selected as to
disrupt the workday as little as possible.
All documents and classroom training produced by SafeAssure Consultants for The City of
Cottage Grove are for the sole and express use by The City of Cottage Grove and its
employees and not to be shared, copied, recorded, filmed or used by any division,
department, subsidiary, or parent organization or any entity whatsoever, without prior
written approval of SafeAssure Consultants.
It is always the practice of SafeAssure Consultants to make modifications and/or additions
to your program when necessary to comply with changing OSHA standards/statutes.
These changes or additions, when made during a Service Agreement year, will be made at
no additional cost to The City of Cottage Grove.
All written programs/services that are produced by SafeAssure Consultants, Inc. are
guaranteed to meet the requirements set forth by MNOSHA/OSHA. SafeAssure
Consultants, Inc. will reimburse The City of Cottage Grove should MNOSHA/OSHA assess
a fine for a deficient or inadequate written program that was produced by SafeAssure
Consultants, Inc. SafeAssure Consultants, Inc. does not take responsibility for financial
loss due to MNOSHA/OSHA fines that are unrelated to written programs mentioned above.
If SafeAssure fails to perform any of the provisions of this Service Agreement or so fails to
administer the work as to endanger the performance of the Service Agreement, such
failure may constitute default. Unless the default is excused by the city, the city may, upon
written notice to the SafeAssure, cancel this agreement in partial or entirety.
As a “full-service client” all time spent consulting, answering questions, correspondence,
and OSHA inspection assistance both on and off site are part of the Service Agreement
services and are included (see also schedule within).
Page | 5
ADDENDUM
SAFETY PROGRAM RECOMMENDATIONS
The City of Cottage Grove
Written Programs & Training
A.W.A.I.R. (A Workplace Accident and Injury Reduction Act)
• review/modify or write site specific program
• documented training of all personnel
• accident investigation
• simulated OSHA inspection
Bloodborne Pathogens
• review/modify or write site specific program
• documented training of all personnel
Chainsaw/Tree Trimming
• review/modify or write site specific program
• documented training of all personnel
Confined Space
• review/modify or write site specific program
• documented training of all personal
Contractors Safety Program
• review/modify or write site specific program
• documented training of all personnel
Cranes-Chains-Slings
• review/modify or write site specific program
• documented training of all personnel (inspections)
Emergency Action Plan
• review/modify or write site specific program
• documented training of all personnel
Employee Right to Know/Hazard Communication
• review/modify or write site specific program
• documented training of all personnel (general and specific training)
• various labeling requirements
• assist with installing and initiating the MSDSOnline Database
Ergonomics/Proper Lifting
• review/modify or write site specific program
• documented training of all personnel
o job hazards-recognition
o control steps
o reporting
o management leadership requirements
o employee participation requirements
Fleet Safety/Defensive Driving
• review/modify or write site specific program
• documented training of all personnel
General Safety Requirements (other as required)
• review/modify or write site specific program
• documented training of all personnel
Page | 6
Hearing Conservation (Occupational Noise Exposure)
• review/modify or write site specific program
• documented training of all personnel
• decibel testing and documentation
Lock Out/Tag Out (Control of Hazardous Energy)
• review/modify or write site specific program
• documented training of all personnel
Mobile Earthmoving Equipment
• review/modify or write site specific program
• documented training of all personal
Personal Protective Equipment
• review/modify or write site specific program
• documented training of all personnel
Recordkeeping
• review/modify or write site specific program
• documented training of all personnel
Respiratory Protection
• review/modify or write site specific program
• documented training of all personnel
• Medical Questionnaire/Fit Tests
Trenching/Excavation
• review/modify or write site specific program
• documented training of all personnel
The “SafeAssure Advantage”
• On-Line training available for AWAIR, EAP, ERTK, ERGO/Lifting, Bloodborne, Fire Extinguishers,
Forklift
• Safety Committee Advisor
• Employee Safety Progress Analysis
• SafeAssure “Client Discount Card” from Fastenal Stores or Catalogs
(15% off any item)
• Job Hazard Analysis (JHA for more hazardous tasks/jobs)
• Training manual maintenance
• Safety manual maintenance
• Documented decibel testing
• Documented air quality readings-(CO-as required)
• Documented foot-candle readings (if needed)
• OSHA recordkeeping
• General Duty Clause
• Assistance during an actual OSHA inspection
• General safety recommendations
• “ALERT” data base
• Unlimited consulting services
Page | 7
Service Agreement
THIS AGREEMENT is effective this first day of June 2024 between The City of Cottage Grove, Cottage
Grove, Minnesota, herein referred to as The City of Cottage Grove and SafeAssure Consultants, Inc.
7505 93rd Ave NE, Spicer, Minnesota, herein referred to as SafeAssure.
SafeAssure agrees to abide by all applicable federal and state laws including, but not limited to, OSHA
regulations and local/state/national building codes. Additionally, SafeAssure will practice all reasonable
and appropriate safety and loss control practices.
SafeAssure agrees to provide, at the time of execution of this Service Agreement, The City of Cottage
Grove (upon request) with a current Certificate of Insurance with proper coverage lines and a
minimum of $2,000,000.00 in insurance limits of general liability and statutory for workers'
compensation insurance. SafeAssure is insured by “The Hartford” insurance companies.
SafeAssure further agrees that The City of Cottage Grove will not be held liable for any claims, injuries,
or damages of whatever nature due to negligence, alleged negligence, acts, or omissions of SafeAssure
to third parties. SafeAssure expressly forever releases and discharges The City of Cottage Grove, its
agents, members, officers, employees, heirs and assigns from any such claims, injuries, or damages.
SafeAssure will also agree to defend, indemnify, and hold harmless The City of Cottage Grove, its
agents, members and heirs from any and all claims, injuries, or damages of whatever nature pursuant
to the provisions of this agreement.
SafeAssure and its employees is an independent contractor of The City of Cottage Grove, and nothing
in this agreement shall be considered to create the relationship of an employer/employee.
In consideration of this signed Service Agreement, for the period of Twelve Months from the
signing month, SafeAssure Consultants, Inc. agrees to provide The City of Cottage Grove, the
aforementioned features and services. These features and services include but are not limited to
providing OSHA compliance recommendations/consultations, scheduled classroom-training sessions,
bi-monthly Safety Committee attendance, unlimited online training, and writing and maintaining
mandatory OSHA programs. These features and services will be prepared to meet the specific needs
of The City of Cottage Grove.
ANNUAL SERVICE AGREEMENT $9,819.33
MSDS ON-LINE SERVICES (included)
TOTAL ANNUAL $9,819.33
IN TESTIMONY WHEREOF, we agree to the day and year first above written and, if representing an
organization or similar entity, further certify the undersigned are a duly authorized agent of said entity
and authorized to sign on behalf of identified entity.
X_________________________________
The City of Cottage Grove Date
X_________________________________
The City of Cottage Grove Date
X 050124
President-SafeAssure Date
1
City Council Action Request
7.C.
Meeting Date 5/15/2024
Department Administration
Agenda Category Action Item
Title Assistant Finance Director - Hiring
Staff Recommendation Approve the hiring of Judy Afdahl as Assistant Finance Director,
effective June 3rd, 2024.
Budget Implication $122,865.00 plus benefits
Attachments 1. Memo - Assistant Finance Director Hiring Memo
TO: Honorable Mayor and City Council
FROM: Joe Fischbach, Human Resources Manager
DATE: May 10, 2024
RE: Assistant Finance Director Hiring
Background
The recruitment process to identify a qualified candidate for the Assistant Finance Director
position began in April. During the initial interview stage, two candidates were interviewed by a
panel that included Human Resources, Finance Director Malinowski, Accountant Sivanich, and
Public Safety Director Koerner. Following this initial round, one candidate was selected to
proceed to a second interview.
Judy Afdahl emerged as the top candidate after a thorough interview process. Ms. Afdahl
brings over 20 years of experience in government accounting to the table, having held
positions such as Accountant, Assistant Finance Director/Accounting Supervisor, and
Controller with the City of Woodbury. She has recently relocated and is seeking to return to the
area.
Action Requested
Approve the hiring of Judy Afdahl as Assistant Finance Director at Grade 21, Step 7
($122,865.00) of the Non-represented Pay Plan. If approved, Judy would start June 3rd.
Memo
1
City Council Action Request
7.D.
Meeting Date 5/15/2024
Department Public Safety
Agenda Category Action Item
Title East Metro Human Trafficking Task Force Joint Powers Agreement
Staff Recommendation Approve the amended and restated joint powers agreement of the
East Metro Human Trafficking Task Force.
Budget Implication N/A
Attachments 1. JPA-EMHTTF2024
2. Bylaws-EMHTTF2024
1
TO: Honorable Mayor and City Council
Jennifer Levitt, City Administrator
FROM: Pete Koerner
DATE: May 15, 2024
RE: East Metro Human Trafficking Task Force Joint Powers Agreement
Discussion
Washington County law enforcement agencies and the Washington County Attorney’s Office
established the East Metro Sex Trafficking (EMST) Task Force on January 1, 2018, under the
recommendations and guidelines of the Minnesota Department of Public Safety, Office of
Justice Programs. This partnership was undertaken to form the Task Force program to
promote sex trafficking enforcement activities within the parties' jurisdictions and surrounding
areas to specifically offer a high probability of improving the local criminal justice systems and
combating sex trafficking.
The parties to this Agreement desire for the continued partnership known as the East Metro
Human Trafficking Task Force, which was established in 2018 as the East Metro Sex
Trafficking Task Force.
Cottage Grove does have a detective assigned to the EMHT Task Force. Due to staffing,
Oakdale Police Department had to reassign their member to patrol and there was an
opportunity to extend grant funding through 2024. Cottage Grove was able to receive
Oakdale’s state grant funding for FY 2024 in the sum of $100,000. The EMHT Task Force is
currently filing for a competitive state grant to provide funding for 2025 and beyond. If awarded
the grant Cottage Grove will receive salary and benefit reimbursement by being part of this
JPA.
The joint powers agreement was reviewed, updated, and approved by City Attorney Kori Land.
The Washington County Attorney’s Office also reviewed and agreed to the recommended
changes.
Recommendation
Approve the amended and restated joint powers agreement of the East Metro Human
Trafficking Task Force.
Attachments
2
1. JPA-EMHTTF2024
2. Bylaws-EMHTTF2024
1
AMENDED & RESTATED JOINT POWERS AGREEMENT OF THE
EAST METRO HUMAN TRAFFICKING TASK FORCE
Article 1
Enabling Authority
This Amended and Restated Joint Powers Agreement (“Agreement”) is made by and between
the political subdivisions organized and existing under the Constitution and laws of the State of
Minnesota, hereafter collectively referred to as “Parties”, and individually as “Party”, which are
signatories to this Agreement and supersedes any previous agreement between the Parties.
WHEREAS, Minnesota Statutes, Section 471.59, provides that two or more governmental units
may by agreement jointly exercise any power common to the contracting Parties; and
WHEREAS, Minnesota Statutes, Section 626.76, states:
Subd. 1. Interagency cooperation. Any app ointive or elective agency or office of
peace officers as defined in subdivision 3 may establish rules or regulations and
enter into agreements with other agencies and offices for :
(1) assisting other peace officers in the line of their duty and within
t he course of their employment; and
(2) e xchanging the agency's peace officers with peace officers of
another agency or office on a temporary basis. Additionally, the
agency or office may establish rules and regulations for assisting
probation, parole, an d supervised release agents who are supervising
probationers, parolees, or supervised releases in the geographic area
within the agency's or office's jurisdiction.
Subd . 2. Assistance. (a) When a peace officer gives assistance to another peace
officer, or to a parole, probation, or supervised release agent, within the scope of
the rules or regulations of the peace officer's appointive or elected agency or office,
any such assistance shall be within the line of duty and course of employment of
the officer rendering the assistance.
(b) When a peace officer acts on behalf of another agency or office within the scope
of an exchange agreement entered into under subdivision 1, the officer's actions
are within the officer's line of duty and course of employme nt to the same extent as
if the officer had acted on behalf of the officer's employing agency.
Subd . 3. Peace officer. For the purposes of this section, "peace officer" means
any member of a police department, State Patrol, game warden service, sherif f's
2
office, or any other law enforcement agency, the members of which have, by law,
the power of arrest.
Subd . 4. No enlargement of duties. This section shall in no way be construed as
extending or enlarging the duties or authority of any peace office r or any other law
enforcement agent as defined in subdivision 3 except as provided in this section.
NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein
and subject to the provisions of Minnesota Statutes, Sections 471.59, 626.76, and all other
applicable statutes, rules and regulations, the following Parties:
The City of Cottage Grove
Washington County Attorney’s Office
Washington County Sheriff’s Office
(“Parties”)
Hereto agree as follows:
Article 2
Purpose
The Parties desire to establish a mechanism whereby they may jointly exercise powers common
to each participating Party on issues requiring:
2.1 A coordinated and formal framework for targeted sex trafficking investigations,
membership and personnel commitments, overall operations, resources available,
equipment, distribution of forfeiture funds and proceeds, and general management and
liability issues.
2.2 Provide other similar or related services and programs as determined by the Board.
2.3 Establish procedures to add qualifying Parties to this Agreement.
2.4 Establish a mechanism whereby additional and/or alternative programs and services
may be developed for the benefit of the Parties and in furtherance of the o bjectives of
the Parties.
Article 3
Name
The name of this entity was previously the East Metro Sex Trafficking Task Force but shall now
be the East Metro Human Trafficking Task Force (“Task Force”).
3
Article 4
Agreement to Participate
4.1 Compliance. Each Party agrees to abide by the terms and conditions of the Agreement,
including but not limited to this Joint Powers Agreement, or any bylaws, policies and
procedures adopted by the Board.
4.2 Financial Obligation.
4.2.1 Each Party agrees to pay all personnel costs for their assigned officer(s), except
as outlined in bylaws and in accordance with the Minnesota Department of
Public Safety, Office of Justice Programs grant award .
4.2.2 Parties may only incur obligations or enter into contracts that expend Task Force
designated resources, or the like, consistent with Article 7 of this Agreement.
Article 5
Governance
5.1 Governing Board. A governing board shall be formed to oversee the operation of the
East Metro Human Trafficking Task Force and shall be know as the Board.
5.1.1 Membership. The Board shall be comprised of the Washington County Sheriff,
Washington County Attorney and the Police Chief of each Party, or their
designee.
5.1.2 Documentation. Resolutions or other documentation of designation shall be
filed with the Board Chair.
5.2 Officers of the Board.
5.2.1 Board Chair. The Board shall elect a Chair annually from its membership.
5.2.2 Election of Vice-Chair. The Board shall elect a Vice-Chair annually from its
membership.
5.2.3 Committees. The Board shall have the authority to appoint such committees as
it deems necessary to fulfill the purpose of the entity.
4
5.3 Meetings. The Board shall comply with Minnesota Statutes Chapter 13D (Ope n Meeting
Law).
The Board shall convene on, at minimum, a quarterly basis to review the operations of
the Task Force, program business and status of program goals.
5.4 Voting. A quorum shall consist of over 50% of board members or alternates eligible to
vote. Board actions shall be determined by a majority of the votes cast at the meeting.
Abstentions shall not be counted as votes cast for the purpose of this section. Proxy
votes are not permitted.
5.5 By-Laws. The Board may adopt bylaws to govern its operations. Such bylaws shall be
consistent with the Agreement and applicable law.
5.6 Amendments. This Joint Powers Agreement may only be amended by written
agreement of the Parties. The bylaws, policies, procedures, rules and regulations of the
Task Force may be amended at either a regular or a special meeting of the Board,
provided that at least ten (10) days prior notice of the meeting has been furnished to
each Party. Amendments may be approved by a majority vote of the Board Members
present.
5.7 Records, Accounts and Reports.
5.7.1 Records and Reports. The books and records, including minutes and the original
fully executed Agreement, of the Board shall be subject to the provisions of
Minnesota Statutes Chapter 13. They shall be maintained at the Washington
County Law Enforcement Center. Records, accounts and reports shall be
maintained by the Task Force Staff.
5.7.2 Receipts and Disbursements. The Task Force will ensure strict accountability for all
funds of the entity and will require reports on all receipts and disbursements made
to, or on behalf of, the Task Force.
5.7.3 Inspection of Records and Reports. The Task Force’s books, reports and records
shall be open to inspection by the Parties at all reasonable times.
Article 6
Duties of the Board
6.1 The Board shall formulate a plan to carry out its purpo ses pursuant to Article 2.
6.2 The duties and responsibilities of the Board shall be to determine overall Task Force
priorities, budgets and operational policies and procedures. The Board shall see to an
effective and efficient Task Force operation.
5
6.3 The Board shall formulate, maintain and coordinate a program to carry out its duties
and responsibilities in accordance with and to remain compliant with, the grant
contract, rules and guidelines. The Board shall follow all rules, guidelines and
recommendations as presented by the State Program Manager and those of the Office
of Justice Programs.
6.4 The Board may cooperate with other federal, state and local law enforcement agencies
to accomplish its purpose, as deemed necessary.
Article 7
Powers of the Board
7.1 General Powers. The Board is hereby authorized to exercise such authority and powers
common to the Parties as is necessary and proper to fulfill its purposes and perform its
duties. Such authority shall include the specific powers enumerated in this Agreement
or in the bylaws.
7.2 Specific Powers.
7.2.1 Contracts. The Board may enter into contracts necessary for the exercise of its
duties and responsibilities to govern the Task Force, including acquiring and
holding real or personal property. The Board may take such action as is
necessary to enforce such contracts to the extent available in equity or at law.
Contracts let and purchases made pursuant to this Agreement shall conform to
the requirements applicable to contracts required by law.
7.2.2 Expenses. The Board may incur expenses and make expenditures necessary and
incidental to the effectuation of its purpose and consistent with its powers,
within its approved budget.
7.2.3 Annual Budget. The annual budget consists of funds received from state grants,
forfeiture funds, Washington County Sheriff’s Office, Washington County
Attorney’s Office and Cottage Grove Public Safety. The budget will be developed
by the Task Force.
7.2.4 Annual Audit. The Board shall cause to be made an annual audit of the books and
accounts of the Task Force. Said audit report will be made and filed to its
Members. The report will include the following:
i) The financial condition of the Task Force
ii) The status of all Task Force operations
iii) The business transacted by the Task Force
iv) Any other matters which affect the interests of the Task Force
6
7.2.5 Insurance. The Board shall obtain liability, property and auto insurance for the
Joint Powers entity created by this Agreement and including other insurance it
deems necessary to indemnify the Board, its officers and employees, and the
Parties and their officers and employees for any and all actions of the Task Force
that arise out of this Agreement.
7.2.6 Workers’ Compensation. Each Party to this Agreement shall be responsible for
injuries to or death of its own employees in connection with services provided
pursuant to this Agreement. Each Party shall maintain workers’ compensation
coverage or self-insurance coverage, covering its own personnel while they are
providing assistance as a member of the East Metro Human Trafficking Task
Force. Each Party to this Agreement waives the right to sue any other Party for
any workers’ compensation benefits paid to its own emplo yee or dependents,
except for acts of gross negligence committed by a Party.
7.2.7 Officer Assignments. The Board shall have the power and authority to determine
guidelines, expectations and procedures of the Task Force Staff.
Article 8
Indemnification and Hold Harmless
8.1 Applicability. The East Metro Human Trafficking Task Force shall be considered a
separate and distinct public entity to which the Parties have transferred all responsibility
and control for actions taken pursuant to this Agreement. The Task Force shall comply
with all laws and rules that govern a public entity in the State of Minnesota and shall be
entitled to the protections of Minnesota Statutes Chapter 466.
8.2 Indemnification and Hold Harmless. The East Metro Human Trafficking Task Force shall
fully defend, indemnify and hold harmless the Parties against all claims, losses, liability,
suits, judgments, costs and expenses by reason of the action or inaction of the Board
and/or employees and/or the agents of the Task Force. This Agreement to indemnify
and hold harmless does not constitute a waiver by any participant of limitations on
liability provided under Minnesota Statutes, Section 466.04.
To the full extent permitted by law, actions by the Parties pursuant to this Agreement
are intended to be and shall be construed as a “cooperative activity” and it is the intent
of the Parties that they shall be deemed a “single governmental unit” for the purpose of
liability, as set forth in Minnesota Statutes, Section 471.59, sub. 1a(a), except for acts of
gross negligence committed by a Party.
Article 9
Term
7
This Agreement shall commence upon approval of the governing body of each Party and
signature of the official with authority to bind the entity listed in Article 1. The Agreement shall
be in effect only with respect to the Parties who have approved and signed it.
Additional Parties may join the East Metro Human Trafficking Tas k Force upon a majority vote
of the Board and upon approval of the new Party’s governing body and signature of the official
with authority to bind the new Party.
This Agreement is for Calendar Years 2024-2026 and shall continue thereafter with those
Parties who do not withdraw from the Task Force. The Agreement shall be reviewed by the
Board every three years.
Article 10
Withdrawal and Termination
10.1 Withdrawal. A Party may withdraw from the East Metro Human Trafficking Task Force
by notifying the Board Chair in writing, providing a 30-day (one month) notice of said
intention.
If a Party to this Agreement withdraws from the Task Force and the Task Force is not
disbanded, the Party relinquishes all funds and contributions made to the Task Force.
10.2 Effective Date and Obligations. Withdrawal shall be effective on the date approved by
the Party and Board Chair. A withdrawing Party is obligated to return any and all Task
Force equipment promptly to the Task Force.
10.3 Removal of Officer. When, and if, an assigned Officer is removed from the Task Force, all
Task Force equipment shall be promptly returned to the Task Force.
10.4 Termination. This Agreement shall remain in force until the members withdraw its
participation with the Task Force or if the number of Parties to the agreement becomes
less than two.
10.4.1 Effects of Termination. Termination shall not discharge any liability
incurred by the Board or by the Parties during the term of the
Agreement.
10.4.2 Financial obligations shall continue until discharged by law, this
Agreement or any other agreement.
10.4.3 Property acquired by the Task Force shall be distributed to the existing
Parties, based upon the percentage of each Party’s level of
participation, as determined by the Board. This distribution shall
8
comply with the rules and guidelines, and under the direction of the
Minnesota Department of Public Safety, Office of Justice Programs.
Article 11
Counterparts and Entire Agreement
This Agreement may be executed in two or more counterparts, each of which shall be deemed an
original, but all of which shall constitute one and the same instrument.
Thereby, it is understood and agreed, that the entire agreement of the Parties is contained
herein, and that this Agreement supersedes all oral agreements and negotiations between the
Parties relating to the subject matter hereof, as well as any previous agreements presently in
effect between the Parties.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by the persons
authorized to act for their respective Parties on the date shown below.
Recommended for Approval
_________________________________________ ________________________
Washington County Sheriff Date
_________________________________________ ________________________
Washington County Attorney Date
Washington County
_________________________________________ ________________________
County Board Chair Date
_________________________________________ ________________________
County Administrator Date
Approved as to Form
_________________________________________ ________________________
Assistant County Attorney Date
9
Recommended for Approval
_________________________________________ ________________________
Cottage Grove Public Safety Date
City of Cottage Grove
_________________________________________
Mayor
_________________________________________
City Clerk
Date
1
BYLAWS OF THE
EAST METRO HUMAN TRAFFICKING TASK FORCE
Article 1
Name
The name of the joint powers entity created pursuant to Minnesota Statute s, Section 471.59
and 626.76, is the East Metro Human Trafficking Task Force hereinafter referred to as the "Task
Force." Each signatory to this Agreement is hereafter collectively referred to as "Parties", and
individually as "Party."
Article 2
History
Washington County law enforcement agencies and the Washington County Attorney’s Office
established the East Metro Sex Trafficking Task Force on January 1, 2018, under the
recommendations and guidelines of the Minnesota Department of Public Safety, Office of
Justice Programs. This partnership was undertaken to form the Task Force program to promote
sex trafficking enforcement activities within the parties' jurisdictions and surrounding areas to
specifically offer a high probability of improving the local criminal justice systems and
combating sex trafficking.
The parties to this Agreement desire for the continued partnership known as the East Metro
Human Trafficking Task Force, which was established in 2018 as the East Metro Sex Trafficking
Task Force.
Article 3
Purpose
The Parties desire to establish a mechanism whereby they may jointly exercise powers common
to each participating Party on issues requiring:
A. A coordinated and formal framework for targeted investigations, membership and
personnel commitments, overall operations, resources available, equipment, distribution of
forfeiture funds and proceeds, and general management and liability issues.
B. Provide other similar or related services and programs as determined by the Board.
C. Establish procedures to add Parties to this Agreement.
D. Establish a mechanism whereby additional and/or alternative programs and services may be
developed for the benefit of the Parties and in furtherance of the objectives of the Parties.
2
Article 4
Fiscal Agent
A. The East Metro Human Trafficking Task Force Board designates the Washington County
Sheriff's Office to be responsible for the management and distribution of the Task Force
grant award, cash contributions and program income (forfeiture proceeds, restitution and
fines) and any other fiscal resources, as well as performing general accounting services.
B. State and Local Assistance for Sex Trafficking Control Program. The County of Washington,
acting on behalf of the Task Force and Parties, shall be authorized to apply for funding and
enter into contracts under the Minnesota Department of Public Safety, Office of Justice
Programs, and Multi-Jurisdictional Sex Trafficking Task Force Grant Program. All grant
funding, to a maximum of the awarded grant annually, shall be used by the Sheriff's Office
for Task Force related expenses, including wages and benefits. Additional grant fund ing in
excess of the awarded grant shall be used for operating expenses as determined by the
Board.
C. Overtime. Individual overtime will be paid by each participating agency unless covered by
the grant, in which grant monies shall be divided as equally as possible. Overtime expenses
may also be reimbursed through federally-paid state and local overtime (“SLOT”) funding if
available. The Task Force Supervisor/Sergeant will advise the Task Force Officers if an event
or detail is SLOT funded. Each Task Force agency will be eligible if they have a signed MOU
with the Department of Homeland Security and each agency will submit its own
documentation to be reimbursed.
Article 5
Investigations
The Board shall direct the Task Force to coordinate and participate in all aspects of sex
trafficking enforcement activities. Task Force personnel are directed to operate as a single
unified and cohesive enforcement entity to improve communications, share intelligence and
coordinate activities and investigations.
Personnel shall primarily be responsible to coordinate, conduct and participate in investigations
that are intended to target offenders involved in sex trafficking related distribution networks
and directly related criminal offenses, while adhering to a victim-centered philosophy.
Article 6
Standard Operating Procedures
Officers assigned to the Task Force shall be governed by the rules, regulations and policies of
3
their home agency. If Task Force Parties become aware of a conflict between policies from
different agencies assigned to the Task Force, those policies will be brought to the attention of
the Board for resolution. The Board may adopt policies and procedure s to deal with issues that
are unique to the Task Force operation.
Article 7
Task Force Staff
A. Pursuant to each Party’s funding availability, each Party shall assign an Officer or Officers to
the Task Force and comply with the following:
1. Assigned personnel shall be experienced, full-time licensed peace officers in the State
of Minnesota, assigned to serve on the Task Force on a full-time basis, unless under
specific direction of the Board.
2. Officers shall be at full-time duty status from the assigning Party, at full employment
capacity and competent to carry out all duties and responsibilities of a li censed peace
officer.
3. Assigned personnel will work in cooperative, unified and collaborative effor t with and
from the Task Force office located at the Washington County Attorney’s Office.
4. Assigned personnel shall remain employees of the Party that has as signed them to the
Task Force. Officers shall continue to receive salary and appropriate benefits from the
assigning party, not the Task Force, except as provided in Section 9.1 of this
agreement. Parties shall not be responsible for workers’ compensation, employment
benefits, etc. of non-member personnel or employees of the Task Force.
5. Assigned personnel shall receive and complete all Peace Officer Standards and
Training Board mandated training by the assigning Party. The Task Force will provide
specialized training that is associated with an assignment to the Task Force.
B. Supervisor/Sergeant. The Washington County Sheriff shall assign the Task Force
Supervisor/Sergeant who shall be a Sergeant from the Washington County Sheriff’s Office,
pursuant to the following:
1. The Sergeant must be assigned to the Task Force on a full-time basis.
2. Duties and responsibilities. The Task Force Sergeant shall be responsible for
supervising and directing the day-to-day operations of the Task Force, including but
not limited to:
4
a. Staffing
b. Scheduling
c. Case assignment
d. Case management
e. Record keeping
f. General budget/financial management
g. Intelligence management
h. Search warrant review
i. Operational plan/risk assessment review/approval
j. Annual performance reviews
3. Supervise the operations and investigations of the Task Force’s assigned personnel.
4. Update the Board as to the Task Force’s activity, including major case development
within the Party’s jurisdiction.
5. Maintain and report to the Chair and Board a written summary of the activities and
investigations of the Task Force and its assigned Officers, as requested.
6. Maintain, supervise and complete any grant fund statistics and reporting requirements.
7. Receive, review and maintain reports regarding all Task Force operations, investigations
and execution of search warrants initiated by the Task Force.
8. Work cooperatively with Party agencies and other agencies with venue over ongoing
investigations and subsequent prosecutions.
9. Conduct any other investigation, duty or assignment as deemed appropriate by the
Chair and/or Board.
10. Address personnel or disciplinary issues regarding assigned Officers with the
appropriate Officer’s Party and recommend removal or replacement of assigned Officers
with the appropriate Party.
C. Assigned Officers. The Officers that are assigned to work on the Task Force will be under
the full operational direction and direct supervision of the Task Force Sergeant. Task Force
Officers shall:
1. Be responsible for all aspects of sex trafficking related investigation operations and
activities, including but not limited to:
a. Intelligence management
5
b. Case development
c. Completing and maintaining reports
d. Case charging
2. Assist other assigned Officers in surveillance, undercover and investigative operations as
needed and requested.
3. Work cooperatively with any other assisting agency.
4. Conduct any other investigation as requested by the Sergeant that has been approved
or deemed necessary by the Chair and/or Board.
5. Officers shall continually update the Sergeant regarding investigations and search
warrants being conducted by the Officer.
6. Officers shall update, maintain and provide information and written reports regarding
all investigations and the execution of search warrants to the Sergeant.
7. Officers shall maintain regular contact and facilitate an effective exchange of
information with their home agency.
8. Officers shall serve as a law enforcement liaison with non-participating law enforcement
agencies, as directed by the Task Force Sergeant.
Article 8
Equipment
The Task Force will provide assigned Officers investigative, surveillance and related equipment,
as funds are available.
A. The Party assigning the Officer shall furnish a weapon, cellular phone, and portable radio
and vehicle. The Officer shall also complete all required firearm qualifications through the
assigning Party.
B. A Party to the Task Force may utilize the fuel pumps located at the Washington County Law
Enforcement Center for fueling the assigned Officer’s work vehicle, and the Washington
County Sheriff’s Office will set up a process for tracking and invoicing a Party for fuel usage.
Per-gallon pricing for fuel will not exceed the price charged to other law enforcement
entities who have entered into a joint powers agreement with the Washington County
Sheriff’s Office for fuel services. A Task Force Party utilizing the Washington County Law
Enforcement Center’s fuel pumps agrees to pay any invoices within 35 days of receipt. In
the event of an unresolved dispute regarding billing or abuse of this provision, the
6
Washington County Sheriff may terminate a Party’s access to the fuel pumps at the
Washington County Law Enforcement Center.
C. All property and equipment that has been acquired by or r elinquished to the Task Force
shall remain property of the Task Force and returned to the Task Force office.
Article 9
Forfeitures, Seizures and Fines
A. All property, monies and proceeds seized and forfeited as a result of a Task Force
investigation shall be used to reimburse Party agencies for Task Force related expenses,
which are authorized by and allowed by the Minnesota Department of Public Safety, Office
of Justice Programs. Party agencies will be reimbursed from forfeiture proceeds, up to an
amount equal to that agency's share for forfeiture proceeds. An individual agency's
allocation of forfeiture proceeds will be a proportionate share of the pro ceeds based upon
the number of full-time positions assigned to and actively engaged with the Task Force at
the time criminal charges or a forfeiture action are filed in a case involving forfeited
property. The forfeiture proceeds will be divided based on level of participation.
B. Investigations may, from time to time, be conducted in cooperation with another
jurisdiction, such as another task force or local, state or federal agency. At the termination
of the investigation, the case agent and commander/supervisor from each jurisdiction will
negotiate the distribution of forfeitures, seizures and/or fines, based upon the level of
involvement of the cooperating agencies.
C. Federal forfeiture actions that are handled by a federal authority shall follow federal ru les
and regulations regarding distribution and expenditure. Party agencies will be reimbursed
from forfeiture proceeds, up to an amount equal to that agency's share for forfeiture
proceeds. An individual agency's allocation of forfeiture proceeds will be a proportionate
share of the proceeds based upon the number of full-time positions assigned to the Task
Force at the time criminal charges or a forfeiture action are filed in a case involving forfeited
property.
Article 10
Task Force Office and Office Support
A. Office Space. The Washington County Attorney’s Office will furnish the Task Force, without
cost, office spaces in the Washington County Attorney’s Office located at 15015 62nd Street
North, Stillwater, Minnesota 55082. All utilities, including electricity, heat, air conditioning,
and the like, shall be furnished without cost.
B. Clerical/Office Support. The Washington County Attorney’s Office shall provide office
equipment and support necessary to sustain the operation of the Task Force. The
7
Washington County Sheriff’s Office will provide dictation services if needed.
C. Evidence. The Washington County Sheriff’s Office will provide evidence storage and
management.
D. Computer Forensics. The Washington County Sheriff’s Office will provide computer forensic
analysis of seized digital media/electronic devices or work within the grant monies or
outside agency cooperation to seek outsourcing of digital media/electro nic devices.
E. Attorney Services. The Washington County Attorneys Office shall provide general civil legal
services and advice to the Task Force at no cost. The Board may choose to hire outside legal
counsel when deemed appropriate or when a conflict of interest arises.
Article 11
Amendments
A. Amendments. The Board may authorize changes to this Agreement without resigning the
Agreement at the quarterly meeting if a quorum (over 50%) of Board Members are
present. Amendments require a majority vote of all Board Members present.
8
Washington County
______________________________________________ Date: _________________
Washington County Sheriff
_______________________________________________ Date: _________________
Washington County Attorney
Approved as to form:
_______________________________________________ Date: _________________
Assistant County Attorney
9
City of Cottage Grove
_______________________________________________ Date: _________________
Cottage Grove Public Safety
1
City Council Action Request
7.E.
Meeting Date 5/15/2024
Department Public Works
Agenda Category Action Item
Title BNSF Pipeline Licenses
Staff Recommendation Approve the pipeline licenses with BNSF Railway Company and
authorize Public Works Director Ryan Burfeind to sign the
agreements.
Budget Implication
Attachments 1. 2024-5-15 Approve Pipeline Licenses
2. BNSF Draft Pipeline Licenses_2024-4-29
To:Honorable Mayor and City Council
Jennifer Levitt, City Administrator
From:Ryan Burfeind, PE, Public Works Director
Date:May 7, 2024
Re:BNSF Pipeline Licenses
Background/Discussion
As part of the Mississippi Landing Development, water and sanitary sewer pipelines will be
extended along 103rd Street, underneath the BNSF Railroad. To allow for the pipes to be installed
in the BNSF right-of-way, pipeline licenses are required. As the owner of these pipelines, the City
needs to be the one to execute the licenses. Three licenses have been drafted by BNSF, which
are for two water main pipes and one sanitary sewer force main pipe.
The pipeline licenses are a standard process, which the City most recently went through when
extending water main in the River Acres neighborhood. The City Attorney has reviewed and
approved these licenses. The license fees are paid for by the developer, per the terms of the
development approvals. The draft pipeline licenses are included with the packet for the approval.
Recommendation
It is recommended the City Council approve the pipeline licenses with BNSF Railway Company
and authorize Public Works Director Ryan Burfeind to sign the agreements.
Jones Lang LaSalle Brokerage, Inc.
2650 Lou Menk Drive- MOB2
Fort Worth, Texas 76131
tel +1 817-352-1008
April 29, 2024
City of Cottage Grove 22W-14222
Attention: Mr. Ryan Burfiend
8635 West Point Douglas Road S
Cottage Grove, MN 55016
Dear Mr. Burfiend:
Attached please find a copy of the requested contract for execution by an official authorized to execute contract
agreements on behalf of your company. Please provide one (1) signed copy via email for completion on part of
BNSF Railway Company (“BNSF”) to this office, along with the following requirements:
Online payment through RP site in the amount of $7,543.00 payable to BNSF Railway Company
which covers the contract fee.
Please note the agreements cannot be executed by BNSF without an approved insurance certificate. If there are
any issues with your insurance, you will be contacted by a member of the Risk Management team of BNSF
Railway.
1. A Certificate of Insurance as required in the agreement.
2. A separate policy for Railroad Protective Liability Insurance as required in the agreement (ORIGINAL
POLICY MUST BE PROVIDED). BNSF Railway Company will be the only insured party; OR;
In lieu of providing a separate policy for Railroad Protective Liability Insurance, you may participate in the
BNSF’s Railroad Protective Policy by checking the appropriate box in the contract and including an additional
$1,266.00 with your online payment.
PLEASE ADVISE IF THIS PROJECT IS ARRA FUNDED.
Licensee must ensure that each of its employees, contractors, agents or invitees entering upon the premises
completes the safety orientation program at the website www.BNSFcontractor.com prior to entering upon the
premises. The certification is good for one year, and each person entering the premises must possess the card
certifying completion.
Acceptance and deposit of any check by BNSF does not constitute an agreement between BNSF and Licensee
for the requested license. BNSF shall not be obligated to hold the check in a separate fund, but may commingle
the funds with other funds of BNSF, and in no event shall BNSF be responsible for interest on said funds.
The enclosed permit is not a binding agreement and shall become binding only when, and if, it is executed by you
and fully approved and executed by BNSF Railway Company. Upon completion on behalf of BNSF, one fully
executed counterpart will be returned for your records.
The specifications/plans you provided may differ from BNSF’s minimum specification
requirements. Therefore, prior to your installation, please review the Exhibit A to determine the
specifications necessary for your installation.
Please be informed that if contracts, fees, and insurance are not returned within sixty (60) days, the processing
fee will increase to $1,600.00.
Sincerely,
Patricia Villegas
Permit Manager
Attachment
DocuSign Envelope ID: 260D3FED-F085-4009-AF95-479B25C105A5
Tracking #22W-14222
- 1 - Form 424; Rev. 20200605
PIPELINE LICENSE
THIS PIPELINE LICENSE ("License") is made to be effective ____________, 20__ (the "Effective Date")
by and between BNSF RAILWAY COMPANY, a Delaware corporation ("Licensor") and CITY OF COTTAGE
GROVE ("Licensee").
In consideration of the mutual covenants contained herein, the parties agree to the following:
GENERAL
1. Grant of License. Licensor hereby grants Licensee a non-exclusive license, subject to all rights, interests,
and estates of third parties, including, without limitation, any leases, use rights, easements, liens, or other
encumbrances, and upon the terms and conditions set forth below, to construct and maintain, in strict
accordance with the drawings and specifications approved by Licensor as part of Licensee's application
process (the "Drawings and Specifications"), one (1) pipeline, 18 inches in diameter inside a 30 inch
steel casing (collectively, the "Pipeline"), across or along Licensor's rail corridor at or near the station of
Cottage Grove, County of Washington, State of Minnesota, Line Segment 0003, Mile Post 417.59 as
shown on the attached Drawing No. 84840, dated April 25, 2024, attached hereto as Exhibit "A" and
incorporated herein by reference (the "Premises").
2. Term. This License shall commence on the Effective Date and shall continue for a period of twenty-five
(25) years, subject to prior termination as hereinafter described.
3. Existing Improvements. Licensee shall not disturb any improvements of Licensor or Licensor's existing
lessees, licensees, easement beneficiaries or lien holders, if any, or interfere with the use, repair,
maintenance or replacement of such improvements.
4. Use of the Premises. Licensee shall use the Premises solely for construction, maintenance, and use of
the Pipeline in accordance with the Drawings and Specifications. The Pipeline shall carry domestic water,
and Licensee shall not use the Pipeline to carry any other material or use the Premises for any other
purpose. Licensee is expressly prohibited from using or allowing any telecommunication facilities or
equipment within the Premises, or using or allowing the use of the Premises for any other purpose.
5. Alterations. Except as set forth in this License, Licensee may not make any alterations to the Premises
or permanently affix anything to the Premises or any buildings or other structures adjacent to the Premises
without Licensor's prior written consent.
COMPENSATION
6. License Fee. Licensee shall pay Licensor, prior to the Effective Date, a one-time payment (in lieu of
recurring periodic fixed license fees) in the amount the sum of seven thousand five hundred forty-three
and No/100 Dollars ($7,543.00) as compensation for the use of the Premises.
7. Costs and Expenses.
7.1 For the purpose of this License, "cost" or "costs" and "expense" or "expenses" includes, but is not
limited to, actual labor and material costs including all assignable additives, and material and
supply costs at current value where used.
7.2 Licensee agrees to reimburse Licensor (pursuant to the terms of Section 8 below) for all costs
and expenses incurred by Licensor in connection with Licensee's use of the Premises or the
presence, construction and maintenance of the Pipeline, including but not limited to the furnishing
of Licensor's flaggers and any vehicle rental costs incurred, inspection coordination, safety,
mobilization and/or other observation services described in this License (collectively, the
"Services"). Licensee shall bear the cost of the Services, when deemed necessary by Licensor's
representative. Flagging costs shall include, but not be limited to, the following: pay for at least
an eight (8) hour basic day with time and one-half or double time for overtime, rest days and
holidays (as applicable); vacation allowance; paid holidays (as applicable); railway and
DocuSign Envelope ID: 260D3FED-F085-4009-AF95-479B25C105A5
Tracking #22W-14222
- 2 - Form 424; Rev. 20200605
unemployment insurance; public liability and property damage insurance; health and welfare
benefits; transportation; meals; lodging and supervision. Negotiations for railway labor or
collective bargaining agreements and rate changes authorized by appropriate Federal authorities
may increase flagging rates. Flagging rates in effect at the time of performance by the flaggers
will be used to calculate the flagging costs pursuant to this Section 7.
7.3 Licensor, at its sole discretion, may elect to designate a third party (the "Scheduling Agent"), to
perform and/or arrange for the performance of the Services.
8. Payment Terms. All invoices are due thirty (30) days after the date of invoice. If Licensee fails to pay
any monies due to Licensor within thirty (30) days after the invoice date, then Licensee shall pay interest
on such unpaid sum from the due date until paid at an annual rate equal to the lesser of (i) the prime rate
last published in The Wall Street Journal in the preceding December plus two and one-half percent (2-
1/2%), or (ii) the maximum rate permitted by law.
LICENSOR'S RESERVED RIGHTS
9. Reserved Rights of Use. Licensor excepts and reserves the right, to be exercised by Licensor and any
other parties who may obtain written permission or authority from Licensor:
9.1 to maintain, use, operate, repair, replace, modify and relocate any utility, power or communication
pipe/lines/cables and appurtenances (other than the Pipeline) and other facilities or structures of
like character upon, over, under or across the Premises existing as of the Effective Date;
9.2 to construct, maintain, renew, use, operate, change, modify and relocate any tracks or additional
facilities, structures and related appurtenances upon, over, under or across the Premises; or
9.3 to use the Premises in any manner as Licensor in its sole discretion deems appropriate, provided
Licensor uses all commercially reasonable efforts to avoid material interference with the use of
the Premises by Licensee for the purpose specified in Section 4 above.
10. Right to Require Relocation. If at any time during the term of this License, Licensor desires the use of its
rail corridor in such a manner as would, in Licensor's reasonable opinion, be interfered with by the
Pipeline, Licensee shall, at its sole expense, within thirty (30) days after receiving written notice from
Licensor to such effect, make such changes in the Pipeline as in the sole discretion of Licensor may be
necessary to avoid interference with the proposed use of Licensor's rail corridor, including, without
limitation, the relocation of the Pipeline, or the construction of a new pipeline to replace the Pipeline.
Notwithstanding the foregoing, Licensee agrees to make all emergency changes and minor adjustments,
as determined by Licensor in its sole discretion, to the Pipeline promptly upon Licensor's request.
LICENSEE'S OPERATIONS
11. Construction and Maintenance of the Pipeline.
11.1 Licensee shall not enter the Premises or commence construction unless accompanied by
Licensor's representative, the Scheduling Agent or its designee. Licensee shall notify Licensor's
Roadmaster, at telephone (763) 782-3083, at least ten (10) business days prior to installation of
the Pipeline and prior to entering the Premises for any subsequent maintenance thereon. In the
event of emergency, Licensee shall notify Licensor of Licensee's entry onto the Premises at the
telephone number above as soon as practicable and shall promptly thereafter follow up with
written notice of such entry.
11.2 Licensee's on-site supervisors shall retain/maintain a fully executed copy of this License at all
times while on the Premises.
11.3 While on the Premises, Licensee shall use only public roadways to cross from one side of
Licensor's tracks to the other.
DocuSign Envelope ID: 260D3FED-F085-4009-AF95-479B25C105A5
Tracking #22W-14222
- 3 - Form 424; Rev. 20200605
11.4 Any contractors or subcontractors performing work on the Pipeline or entering the Premises on
behalf of Licensee shall be deemed servants and agents of Licensee for purposes of this License.
11.5 Under no conditions shall Licensee be permitted to conduct any tests, investigations or any other
activity using mechanized equipment and/or machinery, or place or store any mechanized
equipment, tools or other materials, within twenty-five (25) feet of the centerline of any railroad
track on the Premises unless Licensee has obtained prior written approval from Licensor.
Licensee shall, at its sole cost and expense, perform all activities on and about the Premises,
including without limitation all construction and maintenance of the Pipeline, in such a manner
and of such materials as not at any time to endanger or interfere with (i) the existence or use of
present or future tracks, roadbeds, or property of Licensor, (ii) the safe operation and activities of
Licensor or existing third parties, or (iii) the rights or interests of third parties. If ordered to cease
using the Premises at any time by Licensor's personnel due to any hazardous condition, Licensee
shall immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that
Licensor has no duty or obligation to monitor Licensee's use of the Premises to determine the
safe nature thereof, it being solely Licensee's responsibility to ensure that Licensee's use of the
Premises is safe. Neither the exercise nor the failure by Licensor to exercise any rights granted
in this Section will alter the liability allocation provided by this License.
11.6 Licensee shall, at its sole cost and expense, construct and maintain the Pipeline in such a manner
and of such material that the Pipeline will not at any time endanger or interfere with (i) the
existence or use of present or future tracks, roadbeds, or property of Licensor, (ii) the safe
operation and activities of Licensor or existing third parties, or (iii) the rights or interests of third
parties. The construction of the Pipeline shall be completed within one (1) year of the Effective
Date, and any subsequent maintenance shall be completed within one (1) year of initiation. Within
fifteen (15) days after completion of the construction of the Pipeline or the performance of any
subsequent maintenance thereon, Licensee shall, at Licensee's own cost and expense, restore
the Premises to substantially their state as of the Effective Date, unless otherwise approved in
advance by Licensor in writing. On or before expiration or termination of this License for any
reason, Licensee shall, at its sole cost and expense, surrender the Premises to Licensor pursuant
to the terms and conditions set forth in Section 24 hereof.
11.7 Licensor may direct one or more of its field engineers or inspectors to observe or inspect the
construction and/or maintenance of the Pipeline at any time for compliance with the Drawings
and Specifications and Legal Requirements (defined below). Licensee shall reimburse Licensor
for the cost of such observation or inspection related services pursuant to Section 8. If ordered
at any time to halt construction or maintenance of the Pipeline by Licensor's personnel due to
non-compliance with the Drawings and Specifications or any other hazardous condition, Licensee
shall immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that
Licensor has no duty or obligation to observe or inspect, or to halt work on, the Pipeline, it being
solely Licensee's responsibility to ensure that the Pipeline is constructed and maintained in strict
accordance with the Drawings and Specifications and in a safe and workmanlike manner in
compliance with all terms hereof. Neither the exercise of, nor the failure by Licensor to exercise,
any right granted by this Section will alter in any way the liability allocation provided by this
License. If at any time Licensee shall, in the sole judgment of Licensor, fail to properly perform
its obligations under this Section 11, Licensor may, at its option and at Licensee's sole expense,
arrange for the performance of such work as it deems necessary for the safety of its operations
and activities. Licensee shall promptly reimburse Licensor for all costs and expenses of such
work, pursuant to the terms of Section 8. Licensor's failure to perform any obligations of Licensee
shall not alter the liability allocation hereunder.
11.8 Cutting head must travel at 0.0% grade (or downward) beginning 25’ (minimum) from centerline
of track until it reaches a point 25’ (minimum) from the centerline of track. Minimum pressure
must be applied to pumping the slurry to the cutting head during drilling. This will deter the
bentonite slurry used for lubrication from seeping up and fouling the track roadbed. A Flagman
must be present during installation and will monitor the ballast and roadbed.
DocuSign Envelope ID: 260D3FED-F085-4009-AF95-479B25C105A5
Tracking #22W-14222
- 4 - Form 424; Rev. 20200605
12. Boring and Excavation.
12.1 Prior to Licensee conducting any boring, excavation, or similar work on or about any portion of
the Premises, Licensee shall contact the applicable State's call-before-you-dig utility location
service to have 3rd parties mark the location of utilities. Licensee shall explore the proposed
location for such work with hand tools to a depth of at least three (3) feet below the surface of the
ground to determine whether pipelines or other structures exist below the surface, provided,
however, that in lieu of the foregoing hand-tool exploration, Licensee shall have the right to use
suitable detection equipment or other generally accepted industry practice (e.g., consulting with
the United States Infrastructure Corporation) to determine the existence or location of pipelines
and other subsurface structures prior to drilling or excavating with mechanized equipment.
Licensee shall request information from Licensor concerning the existence and approximate
location of Licensor's underground lines, utilities, and pipelines at or near the vicinity of the
proposed Pipeline by contacting Licensor's Telecommunications Helpdesk, currently at 1-800-
533-2891 (option1, then option 7), at least ten (10) business days prior to installation of the
Pipeline. Upon receiving Licensee's timely request, Licensor will provide Licensee with the
information Licensor has in its possession regarding any existing underground lines, utilities, and
pipelines at or near the vicinity of the proposed Pipeline and, if applicable, identify the location of
such lines on the Premises pursuant to Licensor's standard procedures. Licensor does not
warrant the accuracy or completeness of information relating to subsurface conditions of the
Premises and Licensee's operations will be subject at all times to the liability provisions herein.
12.2 For all bores greater than 26-inch diameter and at a depth less than 10.0 feet below bottom of
rail, a soil investigation must be performed by Licensee and reviewed by Licensor prior to
construction. This study is to determine if granular material is present, and to prevent subsidence
during the installation process. If the investigation determines in Licensor's reasonable opinion
that granular material is present, Licensor may select a new location for Licensee's use, or may
require Licensee to furnish for Licensor's review and approval, in Licensor's sole discretion, a
remedial plan to deal with the granular material. Once Licensor has approved any such remedial
plan in writing, Licensee shall, at Licensee's sole cost and expense, carry out the approved plan
in accordance with all terms thereof and hereof.
12.3 No wells shall be installed without prior written approval from Licensor.
12.4 Any open hole, boring, or well constructed on the Premises by Licensee shall be safely covered
and secured at all times when Licensee is not working in the actual vicinity thereof. Following
completion of that portion of the work, all holes or borings constructed on the Premises by
Licensee shall be:
12.4.1 filled in to surrounding ground level with compacted bentonite grout; or
12.4.2 otherwise secured or retired in accordance with any applicable Legal Requirement. No
excavated materials may remain on Licensor's property for more than ten (10) days, but
must be properly disposed of by Licensee in accordance with applicable Legal
Requirements.
LIABILITY AND INSURANCE
13. Liability and Indemnification.
13.1 For purposes of this License: (a) "Indemnitees" means Licensor and Licensor's affiliated
companies, partners, successors, assigns, legal representatives, officers, directors,
shareholders, employees, and agents; (b) "Liabilities" means all claims, liabilities, fines,
penalties, costs, damages, losses, liens, causes of action, suits, demands, judgments, and
expenses (including, without limitation, court costs, reasonable attorneys' fees, costs of
investigation, removal and remediation, and governmental oversight costs) environmental or
DocuSign Envelope ID: 260D3FED-F085-4009-AF95-479B25C105A5
Tracking #22W-14222
- 5 - Form 424; Rev. 20200605
otherwise; and (c) "Licensee Parties" means Licensee and Licensee's officers, agents, invitees,
licensees, employees, or contractors, or any party directly or indirectly employed by any of them,
or any party they control or exercise control over.
13.2 TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE SHALL, AND SHALL CAUSE
ITS CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS
INDEMNITEES FOR, FROM, AND AGAINST ANY AND ALL LIABILITIES OF ANY NATURE,
KIND, OR DESCRIPTION DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING
FROM, OR RELATED TO (IN WHOLE OR IN PART):
13.2.1 THIS LICENSE, INCLUDING, WITHOUT LIMITATION, ITS ENVIRONMENTAL
PROVISIONS,
13.2.2 ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS LICENSE,
13.2.3 LICENSEE'S OCCUPATION AND USE OF THE PREMISES,
13.2.4 THE ENVIRONMENTAL CONDITION AND STATUS OF THE PREMISES CAUSED BY
OR CONTRIBUTED TO BY LICENSEE, OR
13.2.5 ANY ACT OR OMISSION OF ANY LICENSEE PARTY.
13.3 TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE NOW AND FOREVER WAIVES
AND WILL INDEMNIFY, DEFEND, AND HOLD THE INDEMNITEES HARMLESS FROM ANY
AND ALL CLAIMS THAT BY VIRTUE OF ENTERING INTO THIS LICENSE, LICENSOR IS A
GENERATOR, OWNER, OPERATOR, ARRANGER, OR TRANSPORTER FOR THE
PURPOSES OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,
AND LIABILITY ACT, AS AMENDED ("CERCLA") OR OTHER ENVIRONMENTAL LAWS
(DEFINED BELOW). NOTHING IN THIS LICENSE IS MEANT BY EITHER PARTY TO
CONSTITUTE A WAIVER OF ANY INDEMNITEE'S COMMON CARRIER DEFENSES AND
THIS LICENSE SHOULD NOT BE SO CONSTRUED. IF ANY AGENCY OR COURT
CONSTRUES THIS LICENSE TO BE A WAIVER OF ANY INDEMNITEE'S COMMON CARRIER
DEFENSES, LICENSEE AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND
INDEMNITEES FOR ANY LIABILITIES RELATED TO THAT CONSTRUCTION OF THIS
LICENSE. IN NO EVENT AS BETWEEN LICENSOR AND LICENSEE AS TO USE OF THE
PREMISES AS CONTEMPLATED BY THIS LICENSE SHALL LICENSOR BE RESPONSIBLE
TO LICENSEE FOR THE ENVIRONMENTAL CONDITION OF THE PREMISES.
13.4 IF ANY EMPLOYEE OF ANY LICENSEE PARTY ASSERTS THAT HE OR SHE IS AN
EMPLOYEE OF ANY INDEMNITEE, TO THE FULLEST EXTENT PERMITTED BY LAW,
LICENSEE SHALL, AND SHALL CAUSE ITS CONTRACTOR TO, RELEASE, INDEMNIFY,
DEFEND, AND HOLD THE INDEMNITEES HARMLESS FROM AND AGAINST ANY
LIABILITIES ARISING OUT OF OR RELATED TO (IN WHOLE OR IN PART) ANY SUCH
ASSERTION INCLUDING, BUT NOT LIMITED TO, ASSERTIONS OF EMPLOYMENT BY AN
INDEMNITEE RELATED TO THE FOLLOWING OR ANY PROCEEDINGS THEREUNDER:
THE FEDERAL EMPLOYERS' LIABILITY ACT, THE SAFETY APPLIANCE ACT, THE
LOCOMOTIVE INSPECTION ACT, THE OCCUPATIONAL SAFETY AND HEALTH ACT, THE
RESOURCE CONSERVATION AND RECOVERY ACT, AND ANY SIMILAR STATE OR
FEDERAL STATUTE.
13.5 THE FOREGOING OBLIGATIONS OF LICENSEE SHALL NOT APPLY TO THE EXTENT
LIABILITIES ARE PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT OF ANY INDEMNITEE, BUT SHALL APPLY TO ALL OTHER LIABILITIES,
INCLUDING THOSE ARISING FROM OR ATTRIBUTED TO ANY OTHER ALLEGED OR
ACTUAL NEGLIGENCE, INTENTIONAL ACTS, OR STRICT LIABILITY OF ANY INDEMNITEE.
DocuSign Envelope ID: 260D3FED-F085-4009-AF95-479B25C105A5
Tracking #22W-14222
- 6 - Form 424; Rev. 20200605
13.6 Upon written notice from Licensor, Licensee agrees to assume the defense of any lawsuit or other
proceeding brought against any Indemnitee by any entity, relating to any matter covered by this
License for which Licensee has an obligation to assume liability for and/or save and hold harmless
any Indemnitee. Licensee shall pay all costs and expenses incident to such defense, including,
but not limited to, reasonable attorneys' fees, investigators' fees, litigation and appeal expenses,
settlement payments, and amounts paid in satisfaction of judgments.
14. Personal Property Risk of Loss. ALL PERSONAL PROPERTY, INCLUDING, BUT NOT LIMITED TO,
FIXTURES, EQUIPMENT, OR RELATED MATERIALS UPON THE PREMISES WILL BE AT THE RISK
OF LICENSEE ONLY, AND NO INDEMNITEE WILL BE LIABLE FOR ANY DAMAGE THERETO OR
THEFT THEREOF, WHETHER OR NOT DUE IN WHOLE OR IN PART TO THE NEGLIGENCE OF ANY
INDEMNITEE.
15. Insurance. Licensee shall, at its sole cost and expense, procure and maintain during the term of this
License the following insurance coverage:
15.1 Commercial General Liability “CGL” Insurance.
a. The policy will provide a minimum of $5,000,000 per occurrence and an aggregate limit of at
least $10,000,000 but in no event will the coverage be in an amount less than the amount
otherwise carried by Licensee. Coverage must be purchased on a post 2004 ISO occurrence
form or equivalent and include coverage for, but not limited to, the following:
Bodily Injury and Property Damage
Personal Injury and Advertising Injury
Fire legal liability
Products and completed operations
Contractual Liability for an “Insured Contract” consistent with the definition under the
standard ISO general liability policy form.
b. This policy will include the following endorsements or language, which shall be indicated on
or attached to the certificate of insurance:
The definition of “Insured Contract” will be amended to remove any exclusion or other
limitation for any work being done within 50 feet of Licensor’s property;
Waiver of subrogation in favor of and acceptable to Licensor;
Additional insured endorsement in favor of and acceptable to Licensor and Jones Lang
LaSalle Brokerage, Inc. to include coverage for ongoing and completed operations;
Separation of insureds;
The policy shall be primary and non-contributing with respect to any insurance carried by
Licensor.
c. The parties agree that the workers’ compensation and employers’ liability related exclusions
in the CGL policy(s) are intended to apply to employees of the policyholder and will not apply
to Licensor’s employees.
d. No other endorsements that limit coverage with respect to Licensee’s obligations under this
agreement may be included on the policy.
15.2 Business Automobile Insurance.
a. The insurance will provide minimum coverage with a combined single limit of at least
$1,000,000 per accident, and include coverage for, but not limited to the following:
Bodily injury and property damage.
Any and all vehicles owned, used or hired.
b. The policy will include the following endorsements or language, which will be indicated on or
attached to the certificate of insurance:
Waiver of subrogation in favor of and acceptable to Licensor;
Additional insured endorsement in favor of and acceptable to Licensor;
Separation of insureds;
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The policy shall be primary and non-contributing with respect to any insurance carried by
Licensor.
15.3 Workers' Compensation and Employers' Liability Insurance.
a. The policy will provide coverage of all employees performing any part of the installation or
maintenance of the Pipeline including coverage for, but not limited to:
Licensee's statutory liability under the workers' compensation laws of the state(s) in which
the work or services under this agreement are to be performed. The policy will cover all
of Licensee’s employees, regardless of whether such coverage is optional under the law
of that state(s).
Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by
disease policy limit, $500,000 by disease each employee.
b. The policy will include contain the following endorsements or language, which shall be
indicated on or attached to the certificate of insurance:
Waiver of subrogation in favor of and acceptable to Licensor.
15.4 Railroad Protective Liability Insurance. The policy will name only Licensor as the Insured and will
provide coverage of at least $5,000,000 per occurrence and $10,000,000 in the aggregate. The
coverage obtained under this policy shall only be effective during the initial installation and/or
construction of the Pipeline. THE CONSTRUCTION OF THE PIPELINE SHALL BE
COMPLETED WITHIN ONE (1) YEAR OF THE EFFECTIVE DATE. If further maintenance of
the Pipeline is needed at a later date, an additional Railroad Protective Liability Insurance Policy
shall be required. The policy will be issued on a standard ISO form CG 00 35 12 04 and include
the following:
Endorsed to include the Pollution Exclusion Amendment.
Endorsed to include the Limited Seepage and Pollution Endorsement.
Endorsed to remove any exclusion for punitive damages.
Endorsed to include Evacuation Expense Coverage Endorsement.
No other endorsements restricting coverage may be added.
The original policy must be provided to Licensor and Licensee shall not perform any work or
services of any kind under this agreement until Licensor has reviewed and approved the
policy.
The definition of "Physical Damage to Property" will be endorsed to read: "means direct and
accidental loss of or damage to all property owned by any named insured and all property in
any named insured's care, custody and control (including, but not limited to rolling stock and
their contents, mechanical construction equipment or motive power equipment, railroad
tracks, roadbeds, catenaries, signals, tunnels, bridges and buildings) arising out of the acts
or omissions of the contractor named on the Declarations."
In lieu of providing a Railroad Protective Liability Policy, for a period of one (1) year from the
Effective Date, Licensee may participate in Licensor's Blanket Railroad Protective Liability
Insurance Policy available to Licensee or its contractor. The limits of coverage are the same as
above. The cost is $1,266.00.
Licensee may elect to participate in Licensor's Blanket Policy;
Licensee declines to participate in Licensor's Blanket Policy.
15.5 Intentionally deleted.
15.6 Other Requirements:
15.6.1 Where allowable by law, no exclusion for punitive damages may be included in any policy.
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15.6.2 Licensee agrees to waive its right of recovery against Licensor for all claims and suits
against Licensor. In addition, Licensee's insurers, through the terms of the policy or policy
endorsement, waive their right of subrogation against Licensor for all claims and suits.
Licensee further waives its right of recovery, and its insurers also waive their right of
subrogation against Licensor for loss of Licensee's owned or leased property or property
under Licensee's care, custody, or control.
15.6.3 Allocated Loss Expense, including but not limited to defense costs and expenses, will be
in addition to all policy limits for coverage under the insurance requirements.
15.6.4 Licensee is not allowed to self-insure without the prior written consent of Licensor. If
Licensor allows Licensee to self-insure, Licensee shall directly cover any self-insured
retention or other financial responsibility for claims in lieu of insurance. Any and all
Licensor liabilities that would otherwise be covered by Licensee's insurance in
accordance with the provisions of this agreement, will be covered as if Licensee elected
not to include a self-insured retention or other financial responsibility for claims.
15.6.5 Prior to entering the Premises or commencing any work related to the installation or
subsequent maintenance of the Pipeline, Licensee shall furnish to Licensor an acceptable
certificate(s) of insurance from an authorized representative evidencing the required
coverage(s), endorsements, and amendments.
15.6.6 Licensee shall notify BNSF in writing at least 30 days prior to any cancellation, non-
renewal, substitution or material alteration of any insurance requirement.
15.6.7 Any insurance policy shall be written by a reputable insurance company acceptable to
Licensor or with a current Best's Guide Rating of A- and Class VII or better, and
authorized to do business in the state(s) in which the service is to be provided.
15.6.8 If the coverage provided by any of the insurance policies required by this agreement is
purchased on a "claims made" basis, Licensee hereby agrees to maintain coverage in
force for a minimum of three years after expiration, cancellation or termination of this
agreement.
15.6.9 Licensee agrees to provide evidence to Licensor that it has the required coverage in
place at least annually or in the event of a renewal or material change of coverage
15.6.10 Licensee represents that this License has been thoroughly reviewed by Licensee's
insurance agent(s)/broker(s), and that Licensee has instructed them to procure the
insurance coverage required by this License.
15.6.11 Not more frequently than once every five years, Licensor may, at its discretion,
reasonably modify the insurance requirements to reflect the then-current risk
management practices in the railroad industry and underwriting practices in the insurance
industry.
15.6.12 If Licensee will subcontract any portion of the operation, Licensee shall require that the
subcontractor provide and maintain insurance coverage(s) as set forth herein, naming
Licensor as an additional insured. In addition, Licensee shall require that the
subcontractor shall release, defend and indemnify Licensee to the same extent and under
the same terms and conditions as Licensee is required to release, defend and indemnify
Licensor under this agreement.
15.6.13 Failure to provide evidence as required by this section shall entitle, but not require,
Licensor to terminate this License immediately. Acceptance of a certificate that does not
comply with this section shall not operate as a waiver of Licensee's obligations hereunder.
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15.6.14 The fact that Licensee obtains insurance (including, without limitation, self-insurance)
shall not release or diminish Licensee’s liabilities or obligations including, without
limitation, the liabilities and obligations under the indemnity provisions of the License.
Damages recoverable by Licensor shall not be limited by the amount of the required
insurance coverage.
15.6.15 In the event of a claim or lawsuit involving BNSF arising out of this Agreement,
Licensee will make the policy covering such claims or lawsuits available to BNSF.
15.6.16 If Licensee maintains broader coverage and/or higher limits than the minimum
requirements in this Agreement, BNSF requires and shall be entitled to the broader
coverage and/or the higher limits. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to BNSF.
15.6.17 These insurance provisions are intended to be a separate and distinct obligation on the
part of the Licensee. Therefore, these provisions shall be enforceable and Licensee shall
be bound thereby regardless of whether or not indemnity provisions are determined to be
enforceable in the jurisdiction in which the work or services are performed under this
License.
15.6.18 For purposes of this Section 15, Licensor shall mean "Burlington Northern Santa Fe,
LLC", "BNSF Railway Company" and the subsidiaries, successors, assigns and affiliates
of each.
COMPLIANCE WITH LAWS, REGULATIONS, AND ENVIRONMENTAL MATTERS
16. Compliance with Laws, Rules, and Regulations.
16.1 Licensee shall observe and comply with any and all applicable federal, state, local, and tribal
laws, statutes, regulations, ordinances, orders, covenants, restrictions, or decisions of any court
of competent jurisdiction ("Legal Requirements") relating to the construction, maintenance, and
use of the Pipeline and the use of the Premises.
16.2 Prior to entering the Premises, Licensee shall and shall cause its contractor(s) to comply with all
of Licensor's applicable safety rules and regulations. Licensee must ensure that each of its
employees, contractors, agents or invitees entering upon the Premises completes the safety
orientation program at the Website "www.BNSFcontractor.com" (the "Safety Orientation") within
one year prior to entering upon the Premises. Additionally, Licensee must ensure that each and
every employee of Licensee, its contractors, agents and invitees possess a card certifying
completion of the Safety Orientation prior to entering upon the Premises. Licensee must renew
(and ensure that its contractors, agents or invitees, as applicable, renew) the Safety Orientation
annually.
16.3 Licensee shall obtain on or before the date it or its contractor enters the Premises, any and all
additional rights-of way, easements, licenses and other agreements relating to the grant of rights
and interests in and/or access to the Premises (collectively, the "Rights") and such other rights,
licenses, permits, authorizations, and approvals (including without limitation, any necessary local,
state, federal or tribal authorizations and environmental permits) that are necessary in order to
permit Licensee to construct, maintain, own and operate the Pipeline and otherwise to perform
its obligations hereunder in accordance with the terms and conditions hereof.
16.4 Licensee shall either require that the initial stated term of each such Rights be for a period that
does not expire, in accordance with its ordinary terms, prior to the last day of the term of this
License or, if the initial stated term of any such Right expires in accordance with its ordinary terms
on a date earlier than the last day of the term of this License, Licensee shall, at its cost, exercise
any renewal rights thereunder, or otherwise acquire such extensions, additions and/or
replacements as may be necessary, in order to cause the stated term thereof to be continued
until a date that is not earlier than the last day of the term of this License.
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16.5 Upon the expiration or termination of any Right that is necessary in order for Licensee to own,
operate or use the Pipeline in accordance with the terms and conditions of this License, this
License thereby shall automatically expire upon such expiration or termination of the Right.
17. Environmental.
17.1 Licensee shall strictly comply with Environmental Laws (as defined below). Licensee shall not
maintain a treatment, storage, transfer or disposal facility, or underground storage tank, as
defined by Environmental Laws on the Premises. Licensee shall not release or suffer the release
of oil or Hazardous Materials (as defined below) on or about the Premises.
17.2 Except as specifically set forth in Section 4 of this License, Licensee covenants that it will not
handle or transport Hazardous Materials through the Pipeline or on Licensor's property. Upon
request by Licensor, Licensee agrees to furnish Licensor with proof, satisfactory to Licensor, that
Licensee is in compliance with the provisions of this Section 17.2.
17.3 Licensee shall give Licensor immediate notice to Licensor's Resource Operations Center at (800)
832-5452 of any known (i) release of Hazardous Materials on, from, or affecting the Premises, (ii)
violation of Environmental Laws, or (iii) inspection or inquiry by governmental authorities charged
with enforcing Environmental Laws with respect to Licensee's use of the Premises. Licensee
shall use its best efforts to immediately respond to any release on, from, or affecting the Premises.
Licensee also shall give Licensor prompt notice of all measures undertaken on behalf of Licensee
to investigate, remediate, respond to or otherwise cure such release or violation.
17.4 If Licensor has notice from Licensee or otherwise of a release or violation of Environmental Laws
arising in any way with respect to the Pipeline which occurred or may occur during the term of
this License, Licensor may require Licensee, at Licensee's sole risk and expense, to take timely
measures to investigate, remediate, respond to or otherwise cure such release or violation
affecting the Premises or Licensor's right-of-way.
17.5 Licensee shall immediately report to Licensor’s Resource Operations Center at (800) 832-5452
any conditions or activities upon the Premises known to Licensee which create a risk of harm to
persons, property or the environment and shall take all reasonable actions necessary to prevent
injury to persons, property, or the environment arising out of such conditions or activities;
provided, however, that Licensee's reporting to Licensor shall not relieve Licensee of any
obligation whatsoever imposed on it by this License. Licensee shall promptly respond to
Licensor's request for information regarding said conditions or activities.
17.6 During the term of this License, Licensor may, at Licensor's option, require Licensee to conduct
an environmental audit, including but not limited to sampling, of the Premises through an
environmental consulting engineer acceptable to Licensor, at Licensee's sole cost and expense,
to determine if any noncompliance or environmental damage to the Premises has occurred during
occupancy thereof by Licensee. The audit shall be conducted to Licensor's satisfaction and a
copy of the audit report shall promptly be provided to Licensor for its review. Licensee shall pay
all expenses for any remedial or corrective action that may be required as a result of said audit to
correct any noncompliance or environmental damage, and Licensee shall diligently pursue and
complete all necessary work prior to termination of this License. Licensee's obligations under this
Section 17.6 shall survive termination of this License.
17.7 Notwithstanding anything in this Section 17, the parties agree that Licensor has no duty or
obligation to monitor Licensee's use of the Premises to determine Licensee’s compliance with
Environmental Laws, it being solely Licensee's responsibility to ensure that Licensee's use of the
Premises is compliant. Neither the exercise nor the failure by Licensor to exercise any rights
granted in this Section will alter the liability allocation provided by this License.
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17.8 "Environmental Law(s)" shall mean any federal, state, local, or tribal law, statute, ordinance,
code, rule, regulation, policy, common law, license, authorization, decision, order, or injunction
which pertains to health, safety, any Hazardous Material, or the environment (including but not
limited to ground, air, water, or noise pollution or contamination, and underground or above-
ground tanks) and shall include, without limitation, CERCLA 42 U.S.C. §9601 et seq.; the
Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq.; the Hazardous Materials
Transportation Act, 49 U.S.C. §5101 et seq.; the Federal Water Pollution Control Act, 33 U.S.C.
§1251 et seq.; the Clean Air Act, 42 U.S.C. §7401 et seq.; the Toxic Substances Control Act, 15
U.S.C. §2601 et seq.; the Safe Drinking Water Act, 42 U.S.C. §300f et seq.; the Emergency
Planning and Community Right-to-Know Act, 42 U.S.C. 11001 et seq.; the Federal Insecticide,
Fungicide and Rodenticide Act, 7 U.S.C. 136 to 136y; the Oil Pollution Act, 33 U.S.C. 2701 et
seq.; and the Occupational Safety and Health Act, 29 U.S.C. 651 et seq.; all as have been
amended from time to time, and any other federal, state, local, or tribal environmental
requirements, together with all rules, regulations, orders, and decrees now or hereafter
promulgated under any of the foregoing, as any of the foregoing now exist or may be changed or
amended or come into effect in the future.
17.9 "Hazardous Material(s)" shall include but shall not be limited to any substance, material, or waste
that is regulated by any Environmental Law or otherwise regulated by any federal, state, local, or
tribal governmental authority because of toxic, flammable, explosive, corrosive, reactive,
radioactive or other properties that may be hazardous to human health or the environment,
including without limitation asbestos and asbestos-containing materials, radon, petroleum and
petroleum products, urea formaldehyde foam insulation, methane, lead-based paint,
polychlorinated biphenyl compounds, hydrocarbons or like substances and their additives or
constituents, pesticides, agricultural chemicals, and any other special, toxic, or hazardous (i)
substances, (ii) materials, or (iii) wastes of any kind, including without limitation those now or
hereafter defined, determined, or identified as "hazardous chemicals", "hazardous substances,"
"hazardous materials," "toxic substances," or "hazardous wastes" in any Environmental Law.
DISCLAIMER OF WARRANTIES
18. No Warranties.
18.1 LICENSOR'S DUTIES AND WARRANTIES ARE LIMITED TO THOSE EXPRESSLY STATED
IN THIS LICENSE AND SHALL NOT INCLUDE ANY IMPLIED DUTIES OR IMPLIED
WARRANTIES, NOW OR IN THE FUTURE. NO REPRESENTATIONS OR WARRANTIES
HAVE BEEN MADE BY LICENSOR OTHER THAN THOSE CONTAINED IN THIS LICENSE.
LICENSEE HEREBY WAIVES ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH
RESPECT TO THE PREMISES OR WHICH MAY EXIST BY OPERATION OF LAW OR IN
EQUITY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY,
HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
18.2 LICENSOR MAKES NO WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND,
EXPRESS OR IMPLIED, CONCERNING (A) THE SCOPE OF THE LICENSE OR OTHER
RIGHTS GRANTED HEREUNDER TO LICENSEE OR (B) WHETHER OR NOT LICENSEE'S
CONSTRUCTION, MAINTENANCE, OWNERSHIP, USE OR OPERATION OF THE PIPELINE
WILL VIOLATE OR INFRINGE UPON THE RIGHTS, INTERESTS AND ESTATES OF THIRD
PARTIES, INCLUDING, WITHOUT LIMITATION, ANY LEASES, USE RIGHTS, EASEMENTS
AND LIENS OF ANY THIRD PARTY.
19. Disclaimer of Warranty for Quiet Enjoyment. LICENSOR DOES NOT WARRANT ITS TITLE TO THE
PREMISES NOR UNDERTAKE TO DEFEND LICENSEE IN THE PEACEABLE POSSESSION OR USE
THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE.
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20. Eviction at Risk of Licensee. In case of the eviction of Licensee by anyone owning, claiming title to, or
claiming any interest in the Premises, or by the abandonment by Licensor of the affected rail corridor,
Licensor shall not be liable (i) to refund Licensee any compensation paid hereunder, except for the pro-
rata part of any recurring charge paid in advance, or (ii) for any damages or costs Licensee sustains in
connection with the eviction.
LIENS AND TAXES
21. Liens and Charges. Licensee shall promptly pay and discharge any and all liens arising out of any
construction, alterations or repairs done, suffered or permitted to be done by Licensee on the Premises.
Licensor is hereby authorized to post any notices or take any other action upon or with respect to the
Premises that is or may be permitted by law to prevent the attachment of any such liens to the Premises;
provided, however, that failure of Licensor to take any such action shall not relieve Licensee of any
obligation or liability under this Section 21 or any other Section of this License.
22. Taxes. Licensee shall pay when due any taxes, assessments or other charges (collectively, "Taxes")
levied or assessed by any governmental or quasi-governmental body upon the Pipeline or any other
improvements constructed or installed on the Premises by or for Licensee (collectively, the
"Improvements") or any Taxes levied or assessed against Licensor or the Premises that are attributable
to the Improvements.
DEFAULT, TERMINATION, AND SURRENDER
23. Default and Termination. In addition to and not in limitation of Licensor's right to terminate for failure to
provide evidence of insurance as required pursuant to the terms of Section 15, the following events are
also deemed to be events of default pursuant to which Licensor has the right to terminate as set forth
below:
23.1 If default shall be made in any of Licensee's covenants, agreements, or obligations contained in
this License and Licensee fails to cure said default within thirty (30) days after written notice is
provided to Licensee by Licensor, or in case of any assignment or transfer of this License in
violation of Section 26 below, Licensor may, at its option, terminate this License by serving five
(5) days' notice in writing upon Licensee. Notwithstanding the foregoing, Licensor shall have the
right to terminate this License immediately if Licensee fails to provide evidence of insurance as
required in Section 15.
23.2 Should Licensee not comply fully with the obligations of Section 17 regarding the handling or
transporting of Hazardous Materials, notwithstanding anything contained in any other provision
of this License, Licensor may, at its option, terminate this License by serving five (5) days' notice
in writing upon Licensee.
23.3 Any waiver by Licensor of any default or defaults shall not constitute a waiver of the right to
terminate this License for any subsequent default or defaults, nor shall any such waiver in any
way affect Licensor's ability to enforce any Section of this License. The remedies set forth in this
Section 23 shall be in addition to, and not in limitation of, any other remedies that Licensor may
have at law or in equity.
23.4 In addition to and not in limitation of Licensor's rights to terminate this License for failure to provide
evidence of insurance or occurrence of defaults as described above, this License may be
terminated by either party, at any time, by serving thirty (30) days' written notice of termination
upon the other party. Such termination shall not release either party hereto from any liability or
obligation under the License, whether of indemnity or otherwise, resulting from any acts,
omissions or events happening prior to the date of termination or thereafter in case by the terms
of the License it is provided that anything shall or may be done after termination hereof.
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24. Surrender of the Premises.
24.1 On or before expiration or termination of this License for any reason, Licensee shall, at its sole
cost and expense:
24.1.1 if so directed by Licensor in writing, remove the Improvements, the Pipeline and all
appurtenances thereto, or, at the sole discretion of Licensor, fill and cap or otherwise
appropriately decommission the Pipeline with a method satisfactory to Licensor;
24.1.2 report and restore any damage to the Premises or Licensor's other property arising from,
growing out of, or connected with Licensee's use of the Premises;
24.1.3 remedy any unsafe conditions on the Premises created or aggravated by Licensee; and
24.1.4 leave the Premises in substantially the condition which existed as of the Effective Date,
or as otherwise agreed to by Licensor.
24.2 Upon any expiration or termination of this License, if Licensee fails to surrender the Premises to
Licensor or if Licensee fails to complete its obligations under Section 24.1 above (the
"Restoration Obligations"), Licensee shall have a limited license to enter upon the Premises
solely to the extent necessary for Licensee to complete the Restoration Obligations, and all
liabilities and obligations of Licensee hereunder shall continue in effect until the Premises are
surrendered and the Restoration Obligations are completed. Neither termination nor expiration
shall release Licensee from any liability or obligation under this License, whether of indemnity or
otherwise, resulting from any acts, omissions or events happening prior to the date of termination,
or, if later, the date when Licensee surrenders the Premises and all of the Restoration Obligations
are completed.
24.3 If Licensee fails to complete the Restoration Obligations within thirty (30) days after the date of
such termination of its tenancy, then Licensor may, at its election, either: (i) remove the Pipeline
and the other Improvements or otherwise restore the Premises, and in such event Licensee shall,
within thirty (30) days after receipt of bill therefor, reimburse Licensor for cost incurred, (ii) upon
written notice to Licensee, take and hold the Pipeline and the other Improvements and personal
property as its sole property, without payment or obligation to Licensee therefor, or (iii) specifically
enforce Licensee's obligation to restore and/or pursue any remedy at law or in equity against
Licensee for failure to so restore. Further, if Licensor has consented to the Pipeline and the other
Improvements remaining on the Premises following termination, Licensee shall, upon request by
Licensor, provide a bill of sale in a form acceptable to Licensor conveying the Pipeline and the
other Improvements to Licensor for no additional consideration.
MISCELLANEOUS
25. Successors and Assigns. All provisions contained in this License shall be binding upon, inure to the
benefit of, and be enforceable by the respective successors and assigns of Licensor and Licensee to the
same extent as if each such successor and assign was named a party to this License.
26. Assignment.
26.1 Licensee may not sell, assign, transfer, or hypothecate this License or any right, obligation, or
interest herein (either voluntarily or by operation of law, merger, or otherwise) without the prior
written consent of Licensor, which consent may not be unreasonably withheld or delayed by
Licensor. Any attempted assignment by Licensee in violation of this Section 26 shall be a breach
of this License and, in addition, shall be voidable by Licensor in its sole and absolute discretion.
26.2 For purposes of this Section 26, the word "assign" shall include without limitation (a) any sale of
the equity interests of Licensee following which the equity interest holders of Licensee
immediately prior to such sale own, directly or indirectly, less than 50% of the combined voting
power of the outstanding voting equity interests of Licensee, (b) any sale of all or substantially all
of the assets of (i) Licensee and (ii) to the extent such entities exist, Licensee's parent and
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subsidiaries, taken as a whole, or (c) any reorganization, recapitalization, merger or consolidation
involving Licensee. Notwithstanding the foregoing, any reorganization, recapitalization, merger
or consolidation following which the equity interest holders of Licensee immediately prior to such
reorganization, recapitalization, merger or consolidation own, directly or indirectly, at least 50%
of the combined voting power of the outstanding voting equity interests of Licensee or any
successor thereto or the entity resulting from such reorganization, recapitalization, merger or
consolidation shall not be deemed an assignment. THIS LICENSE SHALL NOT RUN WITH THE
LAND WITHOUT THE EXPRESS WRITTEN CONSENT OF LICENSOR, SUCH CONSENT TO
BE IN LICENSOR'S SOLE DISCRETION.
26.3 Notwithstanding the provisions of Section 26.1 above or anything contained in this License to the
contrary, if Licensee sells, assigns, transfers, or hypothecates this License or any interest herein
in contravention of the provisions of this License (a "Purported Assignment") to another party
(a "Purported Transferee"), the Purported Transferee's enjoyment of the rights and privileges
granted under this License shall be deemed to be the Purported Transferee's agreement to be
bound by all of the terms and provisions of this License, including but not limited to the obligation
to comply with the provisions of Section 15 above concerning insurance requirements. In
addition to and not in limitation of the foregoing, Licensee, for itself, its successors and assigns,
shall indemnify, defend and hold harmless Licensor for all Liabilities of any nature, kind or
description of any person or entity directly or indirectly arising out of, resulting from or related to
(in whole or in part) a Purported Assignment. The provisions of this Section 26.3 shall survive
the expiration or earlier termination of this License.
26.4 Licensor shall have the right to transfer and assign, in whole or in part, all of its rights and
obligations under this License, and upon any such transfer or assignment, Licensor shall be
released from any further obligations hereunder, and Licensee agrees to look solely to the
successor in interest of Licensor for the performance of such obligations.
27. Notices. Any notice, invoice, or other writing required or permitted to be given hereunder by one party to
the other shall be in writing and the same shall be given and shall be deemed to have been served and
given if (i) placed in the United States mail, certified, return receipt requested, or (ii) deposited into the
custody of a nationally recognized overnight delivery service, addressed to the party to be notified at the
address for such party specified below, or to such other address as the party to be notified may designate
by giving the other party no less than thirty (30) days' advance written notice of such change in address.
If to Licensor: Jones Lang LaSalle Brokerage, Inc.
2650 Lou Menk Drive-MOB2
Fort Worth, TX 76131
Attn: Permits/Licenses
with a copy to: BNSF Railway Company
2650 Lou Menk Dr.
Fort Worth, TX 76131
Attn: Senior Manager Real Estate
If to Licensee: City of Cottage Grove
8635 West Point Douglas Road S
Cottage Grove, MN 55016
28. Survival. Neither termination nor expiration will release either party from any liability or obligation under
this License, whether of indemnity or otherwise, resulting from any acts, omissions or events happening
prior to the date of termination or expiration, or, if later, the date when the Pipeline and the other
Improvements are removed and the Restoration Obligations are completed in accordance with the terms
hereof.
29. Recordation. It is understood and agreed that this License shall not be placed or allowed to be placed on
public record.
DocuSign Envelope ID: 260D3FED-F085-4009-AF95-479B25C105A5
Tracking #22W-14222
- 15 - Form 424; Rev. 20200605
30. Applicable Law. All questions concerning the interpretation or application of provisions of this License
shall be decided according to the substantive laws of the State of Texas without regard to conflicts of law
provisions.
31. Severability. To the maximum extent possible, each provision of this License shall be interpreted in such
manner as to be effective and valid under applicable law, but if any provision of this License shall be
prohibited by, or held to be invalid under, applicable law, such provision shall be ineffective solely to the
extent of such prohibition or invalidity, and this shall not invalidate the remainder of such provision or any
other provision of this License.
32. Integration. This License is the full and complete agreement between Licensor and Licensee with respect
to all matters relating to Licensee's use of the Premises, and supersedes any and all other agreements
between the parties hereto relating to Licensee's use of the Premises as described herein. However,
nothing herein is intended to terminate any surviving obligation of Licensee or Licensee's obligation to
defend and hold Licensor harmless in any prior written agreement between the parties.
33. Joint and Several Liability. If Licensee consists of two or more parties, all the covenants and agreements
of Licensee herein contained shall be the joint and several covenants and agreements of such parties.
34. Waiver. The waiver by Licensor of the breach of any provision herein by Licensee shall in no way impair
the right of Licensor to enforce that provision for any subsequent breach thereof.
35. Interpretation.
35.1 This License shall be interpreted in a neutral manner, and not more strongly for or against any
party based upon the source of the draftsmanship; both parties hereby agree that this License
shall not be subject to the principle that a contract would be construed against the party which
drafted the same. Article titles, headings to sections and paragraphs and the table of contents (if
any) are inserted for convenience of reference only and are not intended to be a part or to affect
the meaning or interpretation hereof. The exhibit or exhibits referred to herein shall be construed
with and as an integral part of this License to the same extent as if they were set forth verbatim
herein.
35.2 As used herein, "include", "includes" and "including" are deemed to be followed by "without
limitation" whether or not they are in fact followed by such words or words of like import; "writing",
"written" and comparable terms refer to printing, typing, lithography and other means of
reproducing words in a visible form; references to any person are also to that person's successors
and permitted assigns; "hereof", "herein", "hereunder" and comparable terms refer to the entirety
hereof and not to any particular article, section, or other subdivision hereof or attachment hereto;
references to any gender include references to the masculine or feminine as the context requires;
references to the plural include the singular and vice versa; and references to this License or
other documents are as amended, modified or supplemented from time to time.
36. Counterparts. This License may be executed in multiple counterparts, each of which shall, for all
purposes, be deemed an original but which together shall constitute one and the same instrument, and
the signature pages from any counterpart may be appended to any other counterpart to assemble fully
executed documents, and counterparts of this License may also be exchanged electronically and any
electronic version of any party's signature shall be deemed to be an original signature for all purposes.
37. Licensor's Representative. Jones Lang LaSalle Brokerage, Inc. is acting as representative for BNSF
Railway Company.
END OF PAGE – SIGNATURE PAGE FOLLOWS
DocuSign Envelope ID: 260D3FED-F085-4009-AF95-479B25C105A5
Tracking #22W-14222
- 16 - Form 424; Rev. 20200605
This License has been duly executed by the parties hereto as of the Effective Date.
LICENSOR:
BNSF Railway Company, a Delaware corporation
By: Jones Lang LaSalle Brokerage, Inc.
2650 Lou Menk Drive – MOB2
Fort Worth, TX 76131
By:
By: Patricia Villegas
Title: Vice President, Permits
LICENSEE:
City of Cottage Grove
By:
By:
Title:
DocuSign Envelope ID: 260D3FED-F085-4009-AF95-479B25C105A5
Ryan Burfiend
PW Director/City Engineer
10 3r d S t S
Gr
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SSource: Esri, Maxar, Earthstar Geographics, and the GIS UserCommunity
TOWNSHIP & RANGE: 27N 21W MERIDIAN : 4PM
SECTION: 30
DRAWING NO. 84840
JN CSTATE OF MN
COATING:WALL THIC KNESS:SPECIFIC ATIONS / GRADE:PIPE MATERIAL:CONTEN TS:DOMESTIC WATER
CARRIERPIPE
DUCTILE IRONCLASS 520.41"-
SIZE:18"
CASIN GPIPE
STEELSTD0.406"-
30"WORKING PRESSUR E:80 PSI
CARRIERPIPE
LENGTH ON R/W:138'
CASIN GPIPE
138'
DESCRIPTION OF PIPELINEPIPELINE SHOWN BOLD
COORDINATE SYSTEM: MN_S TR ACKING NO. 22W-14222
MAP REF. r50388REVISION 2
NOTE: CASING TO BE INSTALLED BY HORIZONTAL DIRECTIONAL DRILLCOTTAGE GROVECOUNTY OF WASHINGTON
CATHODIC PROTECTIONBURY: R OADWAY DITCHESBURY: N ATURAL GROUND
BURY: BASE/RAIL TO TOPOF CASING 24'8'8'YES
VENTS: N UMBER 0 SIZE - HEIGH T OF VENT ABOVE GROUND -
DATE: 4/25/2024
TWIN CITIES DIV. ST PAUL SU BD IV.L.S. 00 03 MP: 41 7.5 9
1 IN = 200 FTSCALE:
EXHIB IT "A"
³
MP 417.5944.801133, -92.971721
1 3 8 '46°TO: ST PAUL PARK
T
O: P
R
E
S
C
O
TT
53' FROM END OF BRID GETO UNDERGROU ND PIPE 100'DocuSign Envelope ID: 260D3FED-F085-4009-AF95-479B25C105A5
Jones Lang LaSalle Brokerage, Inc.
2650 Lou Menk Drive-MOB2
Fort Worth, Texas 76131
tel +1 817-352-1008
April 29, 2024
City of Cottage Grove 22W-14253
Attention: Mr. Ryan Burfiend
8635 West Point Douglas Road S
Cottage Grove, MN 55016
Dear Mr. Burfiend:
Attached please find a copy of the requested contract for execution by an official authorized to execute contract
agreements on behalf of your company. Please provide one (1) signed copy via email for completion on part of
BNSF Railway Company (“BNSF”) to this office, along with the following requirements:
Online payment through RP site in the amount of $8,683.00 payable to BNSF Railway Company
which covers the contract fee.
Please note the agreements cannot be executed by BNSF without an approved insurance certificate. If there are
any issues with your insurance, you will be contacted by a member of the Risk Management team of BNSF
Railway.
1. A Certificate of Insurance as required in the agreement.
2. A separate policy for Railroad Protective Liability Insurance as required in the agreement (ORIGINAL
POLICY MUST BE PROVIDED). BNSF Railway Company will be the only insured party; OR;
In lieu of providing a separate policy for Railroad Protective Liability Insurance, you may participate in the
BNSF’s Railroad Protective Policy by checking the appropriate box in the contract and including an additional
$1,266.00 with your online payment.
PLEASE ADVISE IF THIS PROJECT IS ARRA FUNDED.
Licensee must ensure that each of its employees, contractors, agents or invitees entering upon the premises
completes the safety orientation program at the website www.BNSFcontractor.com prior to entering upon the
premises. The certification is good for one year, and each person entering the premises must possess the card
certifying completion.
Acceptance and deposit of any check by BNSF does not constitute an agreement between BNSF and Licensee
for the requested license. BNSF shall not be obligated to hold the check in a separate fund, but may commingle
the funds with other funds of BNSF, and in no event shall BNSF be responsible for interest on said funds.
The enclosed permit is not a binding agreement and shall become binding only when, and if, it is executed by you
and fully approved and executed by BNSF Railway Company. Upon completion on behalf of BNSF, one fully
executed counterpart will be returned for your records.
The specifications/plans you provided may differ from BNSF’s minimum specification
requirements. Therefore, prior to your installation, please review the Exhibit A to determine the
specifications necessary for your installation.
Sincerely,
Patricia Villegas
Permit Manager
Attachment
DocuSign Envelope ID: 260D3FED-F085-4009-AF95-479B25C105A5
Tracking #22W-14253
- 1 - Form 424; Rev. 20200605
PIPELINE LICENSE
THIS PIPELINE LICENSE ("License") is made to be effective ____________, 20__ (the "Effective Date")
by and between BNSF RAILWAY COMPANY, a Delaware corporation ("Licensor") and CITY OF COTTAGE
GROVE ("Licensee").
In consideration of the mutual covenants contained herein, the parties agree to the following:
GENERAL
1. Grant of License. Licensor hereby grants Licensee a non-exclusive license, subject to all rights, interests,
and estates of third parties, including, without limitation, any leases, use rights, easements, liens, or other
encumbrances, and upon the terms and conditions set forth below, to construct and maintain, in strict
accordance with the drawings and specifications approved by Licensor as part of Licensee's application
process (the "Drawings and Specifications"), two (2) pipeline, 8 inches and 12 inches in diameter inside
a 36-inch steel casing (collectively, the "Pipeline"), across or along Licensor's rail corridor at or near the
station of Cottage Grove, County of Washington, State of Minnesota, Line Segment 0003, Mile Post
417.53 as shown on the attached Drawing No. 84871, dated April 25, 2024, attached hereto as
Exhibit "A" and incorporated herein by reference (the "Premises").
2. Term. This License shall commence on the Effective Date and shall continue for a period of twenty-five
(25) years, subject to prior termination as hereinafter described.
3. Existing Improvements. Licensee shall not disturb any improvements of Licensor or Licensor's existing
lessees, licensees, easement beneficiaries or lien holders, if any, or interfere with the use, repair,
maintenance or replacement of such improvements.
4. Use of the Premises. Licensee shall use the Premises solely for construction, maintenance, and use of
the Pipeline in accordance with the Drawings and Specifications. The Pipeline shall carry sanitary sewer,
and Licensee shall not use the Pipeline to carry any other material or use the Premises for any other
purpose. Licensee is expressly prohibited from using or allowing any telecommunication facilities or
equipment within the Premises, or using or allowing the use of the Premises for any other purpose.
5. Alterations. Except as set forth in this License, Licensee may not make any alterations to the Premises
or permanently affix anything to the Premises or any buildings or other structures adjacent to the Premises
without Licensor's prior written consent.
COMPENSATION
6. License Fee. Licensee shall pay Licensor, prior to the Effective Date, a one-time payment (in lieu of
recurring periodic fixed license fees) in the amount the sum of eight thousand six hundred eighty-three
and No/100 Dollars ($8,683.00) as compensation for the use of the Premises.
7. Costs and Expenses.
7.1 For the purpose of this License, "cost" or "costs" and "expense" or "expenses" includes, but is not
limited to, actual labor and material costs including all assignable additives, and material and
supply costs at current value where used.
7.2 Licensee agrees to reimburse Licensor (pursuant to the terms of Section 8 below) for all costs
and expenses incurred by Licensor in connection with Licensee's use of the Premises or the
presence, construction and maintenance of the Pipeline, including but not limited to the furnishing
of Licensor's flaggers and any vehicle rental costs incurred, inspection coordination, safety,
mobilization and/or other observation services described in this License (collectively, the
"Services"). Licensee shall bear the cost of the Services, when deemed necessary by Licensor's
representative. Flagging costs shall include, but not be limited to, the following: pay for at least
an eight (8) hour basic day with time and one-half or double time for overtime, rest days and
holidays (as applicable); vacation allowance; paid holidays (as applicable); railway and
DocuSign Envelope ID: 260D3FED-F085-4009-AF95-479B25C105A5
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- 2 - Form 424; Rev. 20200605
unemployment insurance; public liability and property damage insurance; health and welfare
benefits; transportation; meals; lodging and supervision. Negotiations for railway labor or
collective bargaining agreements and rate changes authorized by appropriate Federal authorities
may increase flagging rates. Flagging rates in effect at the time of performance by the flaggers
will be used to calculate the flagging costs pursuant to this Section 7.
7.3 Licensor, at its sole discretion, may elect to designate a third party (the "Scheduling Agent"), to
perform and/or arrange for the performance of the Services.
8.Payment Terms. All invoices are due thirty (30) days after the date of invoice. If Licensee fails to pay
any monies due to Licensor within thirty (30) days after the invoice date, then Licensee shall pay interest
on such unpaid sum from the due date until paid at an annual rate equal to the lesser of (i) the prime rate
last published in The Wall Street Journal in the preceding December plus two and one-half percent (2-
1/2%), or (ii) the maximum rate permitted by law.
LICENSOR'S RESERVED RIGHTS
9.Reserved Rights of Use. Licensor excepts and reserves the right, to be exercised by Licensor and any
other parties who may obtain written permission or authority from Licensor:
9.1 to maintain, use, operate, repair, replace, modify and relocate any utility, power or communication
pipe/lines/cables and appurtenances (other than the Pipeline) and other facilities or structures of
like character upon, over, under or across the Premises existing as of the Effective Date;
9.2 to construct, maintain, renew, use, operate, change, modify and relocate any tracks or additional
facilities, structures and related appurtenances upon, over, under or across the Premises; or
9.3 to use the Premises in any manner as Licensor in its sole discretion deems appropriate, provided
Licensor uses all commercially reasonable efforts to avoid material interference with the use of
the Premises by Licensee for the purpose specified in Section 4 above.
10.Right to Require Relocation. If at any time during the term of this License, Licensor desires the use of its
rail corridor in such a manner as would, in Licensor's reasonable opinion, be interfered with by the
Pipeline, Licensee shall, at its sole expense, within thirty (30) days after receiving written notice from
Licensor to such effect, make such changes in the Pipeline as in the sole discretion of Licensor may be
necessary to avoid interference with the proposed use of Licensor's rail corridor, including, without
limitation, the relocation of the Pipeline, or the construction of a new pipeline to replace the Pipeline.
Notwithstanding the foregoing, Licensee agrees to make all emergency changes and minor adjustments,
as determined by Licensor in its sole discretion, to the Pipeline promptly upon Licensor's request.
LICENSEE'S OPERATIONS
11.Construction and Maintenance of the Pipeline.
11.1 Licensee shall not enter the Premises or commence construction unless accompanied by
Licensor's representative, the Scheduling Agent or its designee. Licensee shall
notify Licensor's Roadmaster, at telephone (763) 782-3236, at least ten (10) business days
prior to installation of the Pipeline and prior to entering the Premises for any subsequent
maintenance thereon. In the event of emergency, Licensee shall notify Licensor of Licensee's
entry onto the Premises at the telephone number above as soon as practicable and
shall promptly thereafter follow up with written notice of such entry.
11.2 Licensee's on-site supervisors shall retain/maintain a fully executed copy of this License at all
times while on the Premises.
11.3 While on the Premises, Licensee shall use only public roadways to cross from one side of
Licensor's tracks to the other.
DocuSign Envelope ID: 260D3FED-F085-4009-AF95-479B25C105A5
Tracking #22W-14253
- 3 - Form 424; Rev. 20200605
11.4 Any contractors or subcontractors performing work on the Pipeline or entering the Premises on
behalf of Licensee shall be deemed servants and agents of Licensee for purposes of this License.
11.5 Under no conditions shall Licensee be permitted to conduct any tests, investigations or any other
activity using mechanized equipment and/or machinery, or place or store any mechanized
equipment, tools or other materials, within twenty-five (25) feet of the centerline of any railroad
track on the Premises unless Licensee has obtained prior written approval from Licensor.
Licensee shall, at its sole cost and expense, perform all activities on and about the Premises,
including without limitation all construction and maintenance of the Pipeline, in such a manner
and of such materials as not at any time to endanger or interfere with (i) the existence or use of
present or future tracks, roadbeds, or property of Licensor, (ii) the safe operation and activities of
Licensor or existing third parties, or (iii) the rights or interests of third parties. If ordered to cease
using the Premises at any time by Licensor's personnel due to any hazardous condition, Licensee
shall immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that
Licensor has no duty or obligation to monitor Licensee's use of the Premises to determine the
safe nature thereof, it being solely Licensee's responsibility to ensure that Licensee's use of the
Premises is safe. Neither the exercise nor the failure by Licensor to exercise any rights granted
in this Section will alter the liability allocation provided by this License.
11.6 Licensee shall, at its sole cost and expense, construct and maintain the Pipeline in such a manner
and of such material that the Pipeline will not at any time endanger or interfere with (i) the
existence or use of present or future tracks, roadbeds, or property of Licensor, (ii) the safe
operation and activities of Licensor or existing third parties, or (iii) the rights or interests of third
parties. The construction of the Pipeline shall be completed within one (1) year of the Effective
Date, and any subsequent maintenance shall be completed within one (1) year of initiation. Within
fifteen (15) days after completion of the construction of the Pipeline or the performance of any
subsequent maintenance thereon, Licensee shall, at Licensee's own cost and expense, restore
the Premises to substantially their state as of the Effective Date, unless otherwise approved in
advance by Licensor in writing. On or before expiration or termination of this License for any
reason, Licensee shall, at its sole cost and expense, surrender the Premises to Licensor pursuant
to the terms and conditions set forth in Section 24 hereof.
11.7 Licensor may direct one or more of its field engineers or inspectors to observe or inspect the
construction and/or maintenance of the Pipeline at any time for compliance with the Drawings
and Specifications and Legal Requirements (defined below). Licensee shall reimburse Licensor
for the cost of such observation or inspection related services pursuant to Section 8. If ordered
at any time to halt construction or maintenance of the Pipeline by Licensor's personnel due to
non-compliance with the Drawings and Specifications or any other hazardous condition, Licensee
shall immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that
Licensor has no duty or obligation to observe or inspect, or to halt work on, the Pipeline, it being
solely Licensee's responsibility to ensure that the Pipeline is constructed and maintained in strict
accordance with the Drawings and Specifications and in a safe and workmanlike manner in
compliance with all terms hereof. Neither the exercise of, nor the failure by Licensor to exercise,
any right granted by this Section will alter in any way the liability allocation provided by this
License. If at any time Licensee shall, in the sole judgment of Licensor, fail to properly perform
its obligations under this Section 11, Licensor may, at its option and at Licensee's sole expense,
arrange for the performance of such work as it deems necessary for the safety of its operations
and activities. Licensee shall promptly reimburse Licensor for all costs and expenses of such
work, pursuant to the terms of Section 8. Licensor's failure to perform any obligations of Licensee
shall not alter the liability allocation hereunder.
11.8 Cutting head must travel at 0.0% grade (or downward) beginning 25’ (minimum) from centerline
of track until it reaches a point 25’ (minimum) from the centerline of track. Minimum pressure
must be applied to pumping the slurry to the cutting head during drilling. This will deter the
bentonite slurry used for lubrication from seeping up and fouling the track roadbed. A Flagman
must be present during installation and will monitor the ballast and roadbed.
DocuSign Envelope ID: 260D3FED-F085-4009-AF95-479B25C105A5
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- 4 - Form 424; Rev. 20200605
12. Boring and Excavation.
12.1 Prior to Licensee conducting any boring, excavation, or similar work on or about any portion of
the Premises, Licensee shall contact the applicable State's call-before-you-dig utility location
service to have 3rd parties mark the location of utilities. Licensee shall explore the proposed
location for such work with hand tools to a depth of at least three (3) feet below the surface of the
ground to determine whether pipelines or other structures exist below the surface, provided,
however, that in lieu of the foregoing hand-tool exploration, Licensee shall have the right to use
suitable detection equipment or other generally accepted industry practice (e.g., consulting with
the United States Infrastructure Corporation) to determine the existence or location of pipelines
and other subsurface structures prior to drilling or excavating with mechanized equipment.
Licensee shall request information from Licensor concerning the existence and approximate
location of Licensor's underground lines, utilities, and pipelines at or near the vicinity of the
proposed Pipeline by contacting Licensor's Telecommunications Helpdesk, currently at 1-800-
533-2891 (option1, then option 7), at least ten (10) business days prior to installation of the
Pipeline. Upon receiving Licensee's timely request, Licensor will provide Licensee with the
information Licensor has in its possession regarding any existing underground lines, utilities, and
pipelines at or near the vicinity of the proposed Pipeline and, if applicable, identify the location of
such lines on the Premises pursuant to Licensor's standard procedures. Licensor does not
warrant the accuracy or completeness of information relating to subsurface conditions of the
Premises and Licensee's operations will be subject at all times to the liability provisions herein.
12.2 For all bores greater than 26-inch diameter and at a depth less than 10.0 feet below bottom of
rail, a soil investigation must be performed by Licensee and reviewed by Licensor prior to
construction. This study is to determine if granular material is present, and to prevent subsidence
during the installation process. If the investigation determines in Licensor's reasonable opinion
that granular material is present, Licensor may select a new location for Licensee's use, or may
require Licensee to furnish for Licensor's review and approval, in Licensor's sole discretion, a
remedial plan to deal with the granular material. Once Licensor has approved any such remedial
plan in writing, Licensee shall, at Licensee's sole cost and expense, carry out the approved plan
in accordance with all terms thereof and hereof.
12.3 No wells shall be installed without prior written approval from Licensor.
12.4 Any open hole, boring, or well constructed on the Premises by Licensee shall be safely covered
and secured at all times when Licensee is not working in the actual vicinity thereof. Following
completion of that portion of the work, all holes or borings constructed on the Premises by
Licensee shall be:
12.4.1 filled in to surrounding ground level with compacted bentonite grout; or
12.4.2 otherwise secured or retired in accordance with any applicable Legal Requirement. No
excavated materials may remain on Licensor's property for more than ten (10) days, but
must be properly disposed of by Licensee in accordance with applicable Legal
Requirements.
LIABILITY AND INSURANCE
13. Liability and Indemnification.
13.1 For purposes of this License: (a) "Indemnitees" means Licensor and Licensor's affiliated
companies, partners, successors, assigns, legal representatives, officers, directors,
shareholders, employees, and agents; (b) "Liabilities" means all claims, liabilities, fines,
penalties, costs, damages, losses, liens, causes of action, suits, demands, judgments, and
expenses (including, without limitation, court costs, reasonable attorneys' fees, costs of
investigation, removal and remediation, and governmental oversight costs) environmental or
otherwise; and (c) "Licensee Parties" means Licensee and Licensee's officers, agents, invitees,
DocuSign Envelope ID: 260D3FED-F085-4009-AF95-479B25C105A5
Tracking #22W-14253
- 5 - Form 424; Rev. 20200605
licensees, employees, or contractors, or any party directly or indirectly employed by any of them,
or any party they control or exercise control over.
13.2 TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE SHALL, AND SHALL CAUSE
ITS CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS
INDEMNITEES FOR, FROM, AND AGAINST ANY AND ALL LIABILITIES OF ANY NATURE,
KIND, OR DESCRIPTION DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING
FROM, OR RELATED TO (IN WHOLE OR IN PART):
13.2.1 THIS LICENSE, INCLUDING, WITHOUT LIMITATION, ITS ENVIRONMENTAL
PROVISIONS,
13.2.2 ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS LICENSE,
13.2.3 LICENSEE'S OCCUPATION AND USE OF THE PREMISES,
13.2.4 THE ENVIRONMENTAL CONDITION AND STATUS OF THE PREMISES CAUSED BY
OR CONTRIBUTED TO BY LICENSEE, OR
13.2.5 ANY ACT OR OMISSION OF ANY LICENSEE PARTY.
13.3 TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE NOW AND FOREVER WAIVES
AND WILL INDEMNIFY, DEFEND, AND HOLD THE INDEMNITEES HARMLESS FROM ANY
AND ALL CLAIMS THAT BY VIRTUE OF ENTERING INTO THIS LICENSE, LICENSOR IS A
GENERATOR, OWNER, OPERATOR, ARRANGER, OR TRANSPORTER FOR THE
PURPOSES OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,
AND LIABILITY ACT, AS AMENDED ("CERCLA") OR OTHER ENVIRONMENTAL LAWS
(DEFINED BELOW). NOTHING IN THIS LICENSE IS MEANT BY EITHER PARTY TO
CONSTITUTE A WAIVER OF ANY INDEMNITEE'S COMMON CARRIER DEFENSES AND
THIS LICENSE SHOULD NOT BE SO CONSTRUED. IF ANY AGENCY OR COURT
CONSTRUES THIS LICENSE TO BE A WAIVER OF ANY INDEMNITEE'S COMMON CARRIER
DEFENSES, LICENSEE AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND
INDEMNITEES FOR ANY LIABILITIES RELATED TO THAT CONSTRUCTION OF THIS
LICENSE. IN NO EVENT AS BETWEEN LICENSOR AND LICENSEE AS TO USE OF THE
PREMISES AS CONTEMPLATED BY THIS LICENSE SHALL LICENSOR BE RESPONSIBLE
TO LICENSEE FOR THE ENVIRONMENTAL CONDITION OF THE PREMISES.
13.4 IF ANY EMPLOYEE OF ANY LICENSEE PARTY ASSERTS THAT HE OR SHE IS AN
EMPLOYEE OF ANY INDEMNITEE, TO THE FULLEST EXTENT PERMITTED BY LAW,
LICENSEE SHALL, AND SHALL CAUSE ITS CONTRACTOR TO, RELEASE, INDEMNIFY,
DEFEND, AND HOLD THE INDEMNITEES HARMLESS FROM AND AGAINST ANY
LIABILITIES ARISING OUT OF OR RELATED TO (IN WHOLE OR IN PART) ANY SUCH
ASSERTION INCLUDING, BUT NOT LIMITED TO, ASSERTIONS OF EMPLOYMENT BY AN
INDEMNITEE RELATED TO THE FOLLOWING OR ANY PROCEEDINGS THEREUNDER:
THE FEDERAL EMPLOYERS' LIABILITY ACT, THE SAFETY APPLIANCE ACT, THE
LOCOMOTIVE INSPECTION ACT, THE OCCUPATIONAL SAFETY AND HEALTH ACT, THE
RESOURCE CONSERVATION AND RECOVERY ACT, AND ANY SIMILAR STATE OR
FEDERAL STATUTE.
13.5 THE FOREGOING OBLIGATIONS OF LICENSEE SHALL NOT APPLY TO THE EXTENT
LIABILITIES ARE PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT OF ANY INDEMNITEE, BUT SHALL APPLY TO ALL OTHER LIABILITIES,
INCLUDING THOSE ARISING FROM OR ATTRIBUTED TO ANY OTHER ALLEGED OR
ACTUAL NEGLIGENCE, INTENTIONAL ACTS, OR STRICT LIABILITY OF ANY INDEMNITEE.
13.6 Upon written notice from Licensor, Licensee agrees to assume the defense of any lawsuit or other
proceeding brought against any Indemnitee by any entity, relating to any matter covered by this
License for which Licensee has an obligation to assume liability for and/or save and hold harmless
DocuSign Envelope ID: 260D3FED-F085-4009-AF95-479B25C105A5
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any Indemnitee. Licensee shall pay all costs and expenses incident to such defense, including,
but not limited to, reasonable attorneys' fees, investigators' fees, litigation and appeal expenses,
settlement payments, and amounts paid in satisfaction of judgments.
14. Personal Property Risk of Loss. ALL PERSONAL PROPERTY, INCLUDING, BUT NOT LIMITED TO,
FIXTURES, EQUIPMENT, OR RELATED MATERIALS UPON THE PREMISES WILL BE AT THE RISK
OF LICENSEE ONLY, AND NO INDEMNITEE WILL BE LIABLE FOR ANY DAMAGE THERETO OR
THEFT THEREOF, WHETHER OR NOT DUE IN WHOLE OR IN PART TO THE NEGLIGENCE OF ANY
INDEMNITEE.
15. Insurance. Licensee shall, at its sole cost and expense, procure and maintain during the term of this
License the following insurance coverage:
15.1 Commercial General Liability “CGL” Insurance.
a. The policy will provide a minimum of $5,000,000 per occurrence and an aggregate limit of at
least $10,000,000 but in no event will the coverage be in an amount less than the amount
otherwise carried by Licensee. Coverage must be purchased on a post 2004 ISO occurrence
form or equivalent and include coverage for, but not limited to, the following:
Bodily Injury and Property Damage
Personal Injury and Advertising Injury
Fire legal liability
Products and completed operations
Contractual Liability for an “Insured Contract” consistent with the definition under the
standard ISO general liability policy form.
b. This policy will include the following endorsements or language, which shall be indicated on
or attached to the certificate of insurance:
The definition of “Insured Contract” will be amended to remove any exclusion or other
limitation for any work being done within 50 feet of Licensor’s property;
Waiver of subrogation in favor of and acceptable to Licensor;
Additional insured endorsement in favor of and acceptable to Licensor and Jones Lang
LaSalle Brokerage, Inc. to include coverage for ongoing and completed operations;
Separation of insureds;
The policy shall be primary and non-contributing with respect to any insurance carried by
Licensor.
c. The parties agree that the workers’ compensation and employers’ liability related exclusions
in the CGL policy(s) are intended to apply to employees of the policyholder and will not apply
to Licensor’s employees.
d. No other endorsements that limit coverage with respect to Licensee’s obligations under this
agreement may be included on the policy.
15.2 Business Automobile Insurance.
a. The insurance will provide minimum coverage with a combined single limit of at least
$1,000,000 per accident, and include coverage for, but not limited to the following:
Bodily injury and property damage.
Any and all vehicles owned, used or hired.
b. The policy will include the following endorsements or language, which will be indicated on or
attached to the certificate of insurance:
Waiver of subrogation in favor of and acceptable to Licensor;
Additional insured endorsement in favor of and acceptable to Licensor;
Separation of insureds;
The policy shall be primary and non-contributing with respect to any insurance carried by
Licensor.
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15.3 Workers' Compensation and Employers' Liability Insurance.
a. The policy will provide coverage of all employees performing any part of the installation or
maintenance of the Pipeline including coverage for, but not limited to:
Licensee's statutory liability under the workers' compensation laws of the state(s) in which
the work or services under this agreement are to be performed. The policy will cover all
of Licensee’s employees, regardless of whether such coverage is optional under the law
of that state(s).
Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by
disease policy limit, $500,000 by disease each employee.
b. The policy will include contain the following endorsements or language, which shall be
indicated on or attached to the certificate of insurance:
Waiver of subrogation in favor of and acceptable to Licensor.
15.4 Railroad Protective Liability Insurance. The policy will name only Licensor as the Insured and will
provide coverage of at least $5,000,000 per occurrence and $10,000,000 in the aggregate. The
coverage obtained under this policy shall only be effective during the initial installation and/or
construction of the Pipeline. THE CONSTRUCTION OF THE PIPELINE SHALL BE
COMPLETED WITHIN ONE (1) YEAR OF THE EFFECTIVE DATE. If further maintenance of
the Pipeline is needed at a later date, an additional Railroad Protective Liability Insurance Policy
shall be required. The policy will be issued on a standard ISO form CG 00 35 12 04 and include
the following:
Endorsed to include the Pollution Exclusion Amendment.
Endorsed to include the Limited Seepage and Pollution Endorsement.
Endorsed to remove any exclusion for punitive damages.
Endorsed to include Evacuation Expense Coverage Endorsement.
No other endorsements restricting coverage may be added.
The original policy must be provided to Licensor and Licensee shall not perform any work or
services of any kind under this agreement until Licensor has reviewed and approved the
policy.
The definition of "Physical Damage to Property" will be endorsed to read: "means direct and
accidental loss of or damage to all property owned by any named insured and all property in
any named insured's care, custody and control (including, but not limited to rolling stock and
their contents, mechanical construction equipment or motive power equipment, railroad
tracks, roadbeds, catenaries, signals, tunnels, bridges and buildings) arising out of the acts
or omissions of the contractor named on the Declarations."
In lieu of providing a Railroad Protective Liability Policy, for a period of one (1) year from the
Effective Date, Licensee may participate in Licensor's Blanket Railroad Protective Liability
Insurance Policy available to Licensee or its contractor. The limits of coverage are the same as
above. The cost is $1,266.00.
Licensee may elect to participate in Licensor's Blanket Policy;
Licensee declines to participate in Licensor's Blanket Policy.
15.5 Intentionally deleted.
15.6 Other Requirements:
15.6.1 Where allowable by law, no exclusion for punitive damages may be included in any policy.
15.6.2 Licensee agrees to waive its right of recovery against Licensor for all claims and suits
against Licensor. In addition, Licensee's insurers, through the terms of the policy or policy
endorsement, waive their right of subrogation against Licensor for all claims and suits.
Licensee further waives its right of recovery, and its insurers also waive their right of
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subrogation against Licensor for loss of Licensee's owned or leased property or property
under Licensee's care, custody, or control.
15.6.3 Allocated Loss Expense, including but not limited to defense costs and expenses, will be
in addition to all policy limits for coverage under the insurance requirements.
15.6.4 Licensee is not allowed to self-insure without the prior written consent of Licensor. If
Licensor allows Licensee to self-insure, Licensee shall directly cover any self-insured
retention or other financial responsibility for claims in lieu of insurance. Any and all
Licensor liabilities that would otherwise be covered by Licensee's insurance in
accordance with the provisions of this agreement, will be covered as if Licensee elected
not to include a self-insured retention or other financial responsibility for claims.
15.6.5 Prior to entering the Premises or commencing any work related to the installation or
subsequent maintenance of the Pipeline, Licensee shall furnish to Licensor an acceptable
certificate(s) of insurance from an authorized representative evidencing the required
coverage(s), endorsements, and amendments.
15.6.6 Licensee shall notify BNSF in writing at least 30 days prior to any cancellation, non-
renewal, substitution or material alteration of any insurance requirement.
15.6.7 Any insurance policy shall be written by a reputable insurance company acceptable to
Licensor or with a current Best's Guide Rating of A- and Class VII or better, and
authorized to do business in the state(s) in which the service is to be provided.
15.6.8 If the coverage provided by any of the insurance policies required by this agreement is
purchased on a "claims made" basis, Licensee hereby agrees to maintain coverage in
force for a minimum of three years after expiration, cancellation or termination of this
agreement.
15.6.9 Licensee agrees to provide evidence to Licensor that it has the required coverage in
place at least annually or in the event of a renewal or material change of coverage
15.6.10 Licensee represents that this License has been thoroughly reviewed by Licensee's
insurance agent(s)/broker(s), and that Licensee has instructed them to procure the
insurance coverage required by this License.
15.6.11 Not more frequently than once every five years, Licensor may, at its discretion,
reasonably modify the insurance requirements to reflect the then-current risk
management practices in the railroad industry and underwriting practices in the insurance
industry.
15.6.12 If Licensee will subcontract any portion of the operation, Licensee shall require that the
subcontractor provide and maintain insurance coverage(s) as set forth herein, naming
Licensor as an additional insured. In addition, Licensee shall require that the
subcontractor shall release, defend and indemnify Licensee to the same extent and under
the same terms and conditions as Licensee is required to release, defend and indemnify
Licensor under this agreement.
15.6.13 Failure to provide evidence as required by this section shall entitle, but not require,
Licensor to terminate this License immediately. Acceptance of a certificate that does not
comply with this section shall not operate as a waiver of Licensee's obligations hereunder.
15.6.14 The fact that Licensee obtains insurance (including, without limitation, self-insurance)
shall not release or diminish Licensee’s liabilities or obligations including, without
limitation, the liabilities and obligations under the indemnity provisions of the License.
Damages recoverable by Licensor shall not be limited by the amount of the required
insurance coverage.
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15.6.15 In the event of a claim or lawsuit involving BNSF arising out of this Agreement,
Licensee will make the policy covering such claims or lawsuits available to BNSF.
15.6.16 If Licensee maintains broader coverage and/or higher limits than the minimum
requirements in this Agreement, BNSF requires and shall be entitled to the broader
coverage and/or the higher limits. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to BNSF.
15.6.17 These insurance provisions are intended to be a separate and distinct obligation on the
part of the Licensee. Therefore, these provisions shall be enforceable and Licensee shall
be bound thereby regardless of whether or not indemnity provisions are determined to be
enforceable in the jurisdiction in which the work or services are performed under this
License.
15.6.18 For purposes of this Section 15, Licensor shall mean "Burlington Northern Santa Fe,
LLC", "BNSF Railway Company" and the subsidiaries, successors, assigns and affiliates
of each.
COMPLIANCE WITH LAWS, REGULATIONS, AND ENVIRONMENTAL MATTERS
16. Compliance with Laws, Rules, and Regulations.
16.1 Licensee shall observe and comply with any and all applicable federal, state, local, and tribal
laws, statutes, regulations, ordinances, orders, covenants, restrictions, or decisions of any court
of competent jurisdiction ("Legal Requirements") relating to the construction, maintenance, and
use of the Pipeline and the use of the Premises.
16.2 Prior to entering the Premises, Licensee shall and shall cause its contractor(s) to comply with all
of Licensor's applicable safety rules and regulations. Licensee must ensure that each of its
employees, contractors, agents or invitees entering upon the Premises completes the safety
orientation program at the Website "www.BNSFcontractor.com" (the "Safety Orientation") within
one year prior to entering upon the Premises. Additionally, Licensee must ensure that each and
every employee of Licensee, its contractors, agents and invitees possess a card certifying
completion of the Safety Orientation prior to entering upon the Premises. Licensee must renew
(and ensure that its contractors, agents or invitees, as applicable, renew) the Safety Orientation
annually.
16.3 Licensee shall obtain on or before the date it or its contractor enters the Premises, any and all
additional rights-of way, easements, licenses and other agreements relating to the grant of rights
and interests in and/or access to the Premises (collectively, the "Rights") and such other rights,
licenses, permits, authorizations, and approvals (including without limitation, any necessary local,
state, federal or tribal authorizations and environmental permits) that are necessary in order to
permit Licensee to construct, maintain, own and operate the Pipeline and otherwise to perform
its obligations hereunder in accordance with the terms and conditions hereof.
16.4 Licensee shall either require that the initial stated term of each such Rights be for a period that
does not expire, in accordance with its ordinary terms, prior to the last day of the term of this
License or, if the initial stated term of any such Right expires in accordance with its ordinary terms
on a date earlier than the last day of the term of this License, Licensee shall, at its cost, exercise
any renewal rights thereunder, or otherwise acquire such extensions, additions and/or
replacements as may be necessary, in order to cause the stated term thereof to be continued
until a date that is not earlier than the last day of the term of this License.
16.5 Upon the expiration or termination of any Right that is necessary in order for Licensee to own,
operate or use the Pipeline in accordance with the terms and conditions of this License, this
License thereby shall automatically expire upon such expiration or termination of the Right.
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17. Environmental.
17.1 Licensee shall strictly comply with Environmental Laws (as defined below). Licensee shall not
maintain a treatment, storage, transfer or disposal facility, or underground storage tank, as
defined by Environmental Laws on the Premises. Licensee shall not release or suffer the release
of oil or Hazardous Materials (as defined below) on or about the Premises.
17.2 Except as specifically set forth in Section 4 of this License, Licensee covenants that it will not
handle or transport Hazardous Materials through the Pipeline or on Licensor's property. Upon
request by Licensor, Licensee agrees to furnish Licensor with proof, satisfactory to Licensor, that
Licensee is in compliance with the provisions of this Section 17.2.
17.3 Licensee shall give Licensor immediate notice to Licensor's Resource Operations Center at (800)
832-5452 of any known (i) release of Hazardous Materials on, from, or affecting the Premises, (ii)
violation of Environmental Laws, or (iii) inspection or inquiry by governmental authorities charged
with enforcing Environmental Laws with respect to Licensee's use of the Premises. Licensee
shall use its best efforts to immediately respond to any release on, from, or affecting the Premises.
Licensee also shall give Licensor prompt notice of all measures undertaken on behalf of Licensee
to investigate, remediate, respond to or otherwise cure such release or violation.
17.4 If Licensor has notice from Licensee or otherwise of a release or violation of Environmental Laws
arising in any way with respect to the Pipeline which occurred or may occur during the term of
this License, Licensor may require Licensee, at Licensee's sole risk and expense, to take timely
measures to investigate, remediate, respond to or otherwise cure such release or violation
affecting the Premises or Licensor's right-of-way.
17.5 Licensee shall immediately report to Licensor’s Resource Operations Center at (800) 832-5452
any conditions or activities upon the Premises known to Licensee which create a risk of harm to
persons, property or the environment and shall take all reasonable actions necessary to prevent
injury to persons, property, or the environment arising out of such conditions or activities;
provided, however, that Licensee's reporting to Licensor shall not relieve Licensee of any
obligation whatsoever imposed on it by this License. Licensee shall promptly respond to
Licensor's request for information regarding said conditions or activities.
17.6 During the term of this License, Licensor may, at Licensor's option, require Licensee to conduct
an environmental audit, including but not limited to sampling, of the Premises through an
environmental consulting engineer acceptable to Licensor, at Licensee's sole cost and expense,
to determine if any noncompliance or environmental damage to the Premises has occurred during
occupancy thereof by Licensee. The audit shall be conducted to Licensor's satisfaction and a
copy of the audit report shall promptly be provided to Licensor for its review. Licensee shall pay
all expenses for any remedial or corrective action that may be required as a result of said audit to
correct any noncompliance or environmental damage, and Licensee shall diligently pursue and
complete all necessary work prior to termination of this License. Licensee's obligations under this
Section 17.6 shall survive termination of this License.
17.7 Notwithstanding anything in this Section 17, the parties agree that Licensor has no duty or
obligation to monitor Licensee's use of the Premises to determine Licensee’s compliance with
Environmental Laws, it being solely Licensee's responsibility to ensure that Licensee's use of the
Premises is compliant. Neither the exercise nor the failure by Licensor to exercise any rights
granted in this Section will alter the liability allocation provided by this License.
17.8 "Environmental Law(s)" shall mean any federal, state, local, or tribal law, statute, ordinance,
code, rule, regulation, policy, common law, license, authorization, decision, order, or injunction
which pertains to health, safety, any Hazardous Material, or the environment (including but not
limited to ground, air, water, or noise pollution or contamination, and underground or above-
ground tanks) and shall include, without limitation, CERCLA 42 U.S.C. §9601 et seq.; the
Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq.; the Hazardous Materials
Transportation Act, 49 U.S.C. §5101 et seq.; the Federal Water Pollution Control Act, 33 U.S.C.
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§1251 et seq.; the Clean Air Act, 42 U.S.C. §7401 et seq.; the Toxic Substances Control Act, 15
U.S.C. §2601 et seq.; the Safe Drinking Water Act, 42 U.S.C. §300f et seq.; the Emergency
Planning and Community Right-to-Know Act, 42 U.S.C. 11001 et seq.; the Federal Insecticide,
Fungicide and Rodenticide Act, 7 U.S.C. 136 to 136y; the Oil Pollution Act, 33 U.S.C. 2701 et
seq.; and the Occupational Safety and Health Act, 29 U.S.C. 651 et seq.; all as have been
amended from time to time, and any other federal, state, local, or tribal environmental
requirements, together with all rules, regulations, orders, and decrees now or hereafter
promulgated under any of the foregoing, as any of the foregoing now exist or may be changed or
amended or come into effect in the future.
17.9 "Hazardous Material(s)" shall include but shall not be limited to any substance, material, or waste
that is regulated by any Environmental Law or otherwise regulated by any federal, state, local, or
tribal governmental authority because of toxic, flammable, explosive, corrosive, reactive,
radioactive or other properties that may be hazardous to human health or the environment,
including without limitation asbestos and asbestos-containing materials, radon, petroleum and
petroleum products, urea formaldehyde foam insulation, methane, lead-based paint,
polychlorinated biphenyl compounds, hydrocarbons or like substances and their additives or
constituents, pesticides, agricultural chemicals, and any other special, toxic, or hazardous (i)
substances, (ii) materials, or (iii) wastes of any kind, including without limitation those now or
hereafter defined, determined, or identified as "hazardous chemicals", "hazardous substances,"
"hazardous materials," "toxic substances," or "hazardous wastes" in any Environmental Law.
DISCLAIMER OF WARRANTIES
18. No Warranties.
18.1 LICENSOR'S DUTIES AND WARRANTIES ARE LIMITED TO THOSE EXPRESSLY STATED
IN THIS LICENSE AND SHALL NOT INCLUDE ANY IMPLIED DUTIES OR IMPLIED
WARRANTIES, NOW OR IN THE FUTURE. NO REPRESENTATIONS OR WARRANTIES
HAVE BEEN MADE BY LICENSOR OTHER THAN THOSE CONTAINED IN THIS LICENSE.
LICENSEE HEREBY WAIVES ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH
RESPECT TO THE PREMISES OR WHICH MAY EXIST BY OPERATION OF LAW OR IN
EQUITY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY,
HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
18.2 LICENSOR MAKES NO WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND,
EXPRESS OR IMPLIED, CONCERNING (A) THE SCOPE OF THE LICENSE OR OTHER
RIGHTS GRANTED HEREUNDER TO LICENSEE OR (B) WHETHER OR NOT LICENSEE'S
CONSTRUCTION, MAINTENANCE, OWNERSHIP, USE OR OPERATION OF THE PIPELINE
WILL VIOLATE OR INFRINGE UPON THE RIGHTS, INTERESTS AND ESTATES OF THIRD
PARTIES, INCLUDING, WITHOUT LIMITATION, ANY LEASES, USE RIGHTS, EASEMENTS
AND LIENS OF ANY THIRD PARTY.
19. Disclaimer of Warranty for Quiet Enjoyment. LICENSOR DOES NOT WARRANT ITS TITLE TO THE
PREMISES NOR UNDERTAKE TO DEFEND LICENSEE IN THE PEACEABLE POSSESSION OR USE
THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE.
20. Eviction at Risk of Licensee. In case of the eviction of Licensee by anyone owning, claiming title to, or
claiming any interest in the Premises, or by the abandonment by Licensor of the affected rail corridor,
Licensor shall not be liable (i) to refund Licensee any compensation paid hereunder, except for the pro-
rata part of any recurring charge paid in advance, or (ii) for any damages or costs Licensee sustains in
connection with the eviction.
LIENS AND TAXES
21. Liens and Charges. Licensee shall promptly pay and discharge any and all liens arising out of any
construction, alterations or repairs done, suffered or permitted to be done by Licensee on the Premises.
Licensor is hereby authorized to post any notices or take any other action upon or with respect to the
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Premises that is or may be permitted by law to prevent the attachment of any such liens to the Premises;
provided, however, that failure of Licensor to take any such action shall not relieve Licensee of any
obligation or liability under this Section 21 or any other Section of this License.
22. Taxes. Licensee shall pay when due any taxes, assessments or other charges (collectively, "Taxes")
levied or assessed by any governmental or quasi-governmental body upon the Pipeline or any other
improvements constructed or installed on the Premises by or for Licensee (collectively, the
"Improvements") or any Taxes levied or assessed against Licensor or the Premises that are attributable
to the Improvements.
DEFAULT, TERMINATION, AND SURRENDER
23. Default and Termination. In addition to and not in limitation of Licensor's right to terminate for failure to
provide evidence of insurance as required pursuant to the terms of Section 15, the following events are
also deemed to be events of default pursuant to which Licensor has the right to terminate as set forth
below:
23.1 If default shall be made in any of Licensee's covenants, agreements, or obligations contained in
this License and Licensee fails to cure said default within thirty (30) days after written notice is
provided to Licensee by Licensor, or in case of any assignment or transfer of this License in
violation of Section 26 below, Licensor may, at its option, terminate this License by serving five
(5) days' notice in writing upon Licensee. Notwithstanding the foregoing, Licensor shall have the
right to terminate this License immediately if Licensee fails to provide evidence of insurance as
required in Section 15.
23.2 Should Licensee not comply fully with the obligations of Section 17 regarding the handling or
transporting of Hazardous Materials, notwithstanding anything contained in any other provision
of this License, Licensor may, at its option, terminate this License by serving five (5) days' notice
in writing upon Licensee.
23.3 Any waiver by Licensor of any default or defaults shall not constitute a waiver of the right to
terminate this License for any subsequent default or defaults, nor shall any such waiver in any
way affect Licensor's ability to enforce any Section of this License. The remedies set forth in this
Section 23 shall be in addition to, and not in limitation of, any other remedies that Licensor may
have at law or in equity.
23.4 In addition to and not in limitation of Licensor's rights to terminate this License for failure to provide
evidence of insurance or occurrence of defaults as described above, this License may be
terminated by either party, at any time, by serving thirty (30) days' written notice of termination
upon the other party. Such termination shall not release either party hereto from any liability or
obligation under the License, whether of indemnity or otherwise, resulting from any acts,
omissions or events happening prior to the date of termination or thereafter in case by the terms
of the License it is provided that anything shall or may be done after termination hereof.
24. Surrender of the Premises.
24.1 On or before expiration or termination of this License for any reason, Licensee shall, at its sole
cost and expense:
24.1.1 if so directed by Licensor in writing, remove the Improvements, the Pipeline and all
appurtenances thereto, or, at the sole discretion of Licensor, fill and cap or otherwise
appropriately decommission the Pipeline with a method satisfactory to Licensor;
24.1.2 report and restore any damage to the Premises or Licensor's other property arising from,
growing out of, or connected with Licensee's use of the Premises;
24.1.3 remedy any unsafe conditions on the Premises created or aggravated by Licensee; and
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24.1.4 leave the Premises in substantially the condition which existed as of the Effective Date,
or as otherwise agreed to by Licensor.
24.2 Upon any expiration or termination of this License, if Licensee fails to surrender the Premises to
Licensor or if Licensee fails to complete its obligations under Section 24.1 above (the
"Restoration Obligations"), Licensee shall have a limited license to enter upon the Premises
solely to the extent necessary for Licensee to complete the Restoration Obligations, and all
liabilities and obligations of Licensee hereunder shall continue in effect until the Premises are
surrendered and the Restoration Obligations are completed. Neither termination nor expiration
shall release Licensee from any liability or obligation under this License, whether of indemnity or
otherwise, resulting from any acts, omissions or events happening prior to the date of termination,
or, if later, the date when Licensee surrenders the Premises and all of the Restoration Obligations
are completed.
24.3 If Licensee fails to complete the Restoration Obligations within thirty (30) days after the date of
such termination of its tenancy, then Licensor may, at its election, either: (i) remove the Pipeline
and the other Improvements or otherwise restore the Premises, and in such event Licensee shall,
within thirty (30) days after receipt of bill therefor, reimburse Licensor for cost incurred, (ii) upon
written notice to Licensee, take and hold the Pipeline and the other Improvements and personal
property as its sole property, without payment or obligation to Licensee therefor, or (iii) specifically
enforce Licensee's obligation to restore and/or pursue any remedy at law or in equity against
Licensee for failure to so restore. Further, if Licensor has consented to the Pipeline and the other
Improvements remaining on the Premises following termination, Licensee shall, upon request by
Licensor, provide a bill of sale in a form acceptable to Licensor conveying the Pipeline and the
other Improvements to Licensor for no additional consideration.
MISCELLANEOUS
25. Successors and Assigns. All provisions contained in this License shall be binding upon, inure to the
benefit of, and be enforceable by the respective successors and assigns of Licensor and Licensee to the
same extent as if each such successor and assign was named a party to this License.
26. Assignment.
26.1 Licensee may not sell, assign, transfer, or hypothecate this License or any right, obligation, or
interest herein (either voluntarily or by operation of law, merger, or otherwise) without the prior
written consent of Licensor, which consent may not be unreasonably withheld or delayed by
Licensor. Any attempted assignment by Licensee in violation of this Section 26 shall be a breach
of this License and, in addition, shall be voidable by Licensor in its sole and absolute discretion.
26.2 For purposes of this Section 26, the word "assign" shall include without limitation (a) any sale of
the equity interests of Licensee following which the equity interest holders of Licensee
immediately prior to such sale own, directly or indirectly, less than 50% of the combined voting
power of the outstanding voting equity interests of Licensee, (b) any sale of all or substantially all
of the assets of (i) Licensee and (ii) to the extent such entities exist, Licensee's parent and
subsidiaries, taken as a whole, or (c) any reorganization, recapitalization, merger or consolidation
involving Licensee. Notwithstanding the foregoing, any reorganization, recapitalization, merger
or consolidation following which the equity interest holders of Licensee immediately prior to such
reorganization, recapitalization, merger or consolidation own, directly or indirectly, at least 50%
of the combined voting power of the outstanding voting equity interests of Licensee or any
successor thereto or the entity resulting from such reorganization, recapitalization, merger or
consolidation shall not be deemed an assignment. THIS LICENSE SHALL NOT RUN WITH THE
LAND WITHOUT THE EXPRESS WRITTEN CONSENT OF LICENSOR, SUCH CONSENT TO
BE IN LICENSOR'S SOLE DISCRETION.
26.3 Notwithstanding the provisions of Section 26.1 above or anything contained in this License to the
contrary, if Licensee sells, assigns, transfers, or hypothecates this License or any interest herein
in contravention of the provisions of this License (a "Purported Assignment") to another party
(a "Purported Transferee"), the Purported Transferee's enjoyment of the rights and privileges
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granted under this License shall be deemed to be the Purported Transferee's agreement to be
bound by all of the terms and provisions of this License, including but not limited to the obligation
to comply with the provisions of Section 15 above concerning insurance requirements. In
addition to and not in limitation of the foregoing, Licensee, for itself, its successors and assigns,
shall indemnify, defend and hold harmless Licensor for all Liabilities of any nature, kind or
description of any person or entity directly or indirectly arising out of, resulting from or related to
(in whole or in part) a Purported Assignment. The provisions of this Section 26.3 shall survive
the expiration or earlier termination of this License.
26.4 Licensor shall have the right to transfer and assign, in whole or in part, all of its rights and
obligations under this License, and upon any such transfer or assignment, Licensor shall be
released from any further obligations hereunder, and Licensee agrees to look solely to the
successor in interest of Licensor for the performance of such obligations.
27. Notices. Any notice, invoice, or other writing required or permitted to be given hereunder by one party to
the other shall be in writing and the same shall be given and shall be deemed to have been served and
given if (i) placed in the United States mail, certified, return receipt requested, or (ii) deposited into the
custody of a nationally recognized overnight delivery service, addressed to the party to be notified at the
address for such party specified below, or to such other address as the party to be notified may designate
by giving the other party no less than thirty (30) days' advance written notice of such change in address.
If to Licensor: Jones Lang LaSalle Brokerage, Inc.
2650 Lou Menk Drive – MOB2
Fort Worth, TX 76131
Attn: Permits/Licenses
with a copy to: BNSF Railway Company
2650 Lou Menk Dr.
Fort Worth, TX 76131
Attn: Senior Manager Real Estate
If to Licensee: City of Cottage Grove
8635 West Point Douglas Road S
Cottage Grove, MN 55016
28. Survival. Neither termination nor expiration will release either party from any liability or obligation under
this License, whether of indemnity or otherwise, resulting from any acts, omissions or events happening
prior to the date of termination or expiration, or, if later, the date when the Pipeline and the other
Improvements are removed and the Restoration Obligations are completed in accordance with the terms
hereof.
29. Recordation. It is understood and agreed that this License shall not be placed or allowed to be placed on
public record.
30. Applicable Law. All questions concerning the interpretation or application of provisions of this License
shall be decided according to the substantive laws of the State of Texas without regard to conflicts of law
provisions.
31. Severability. To the maximum extent possible, each provision of this License shall be interpreted in such
manner as to be effective and valid under applicable law, but if any provision of this License shall be
prohibited by, or held to be invalid under, applicable law, such provision shall be ineffective solely to the
extent of such prohibition or invalidity, and this shall not invalidate the remainder of such provision or any
other provision of this License.
DocuSign Envelope ID: 260D3FED-F085-4009-AF95-479B25C105A5
Tracking #22W-14253
- 15 - Form 424; Rev. 20200605
32. Integration. This License is the full and complete agreement between Licensor and Licensee with respect
to all matters relating to Licensee's use of the Premises, and supersedes any and all other agreements
between the parties hereto relating to Licensee's use of the Premises as described herein. However,
nothing herein is intended to terminate any surviving obligation of Licensee or Licensee's obligation to
defend and hold Licensor harmless in any prior written agreement between the parties.
33. Joint and Several Liability. If Licensee consists of two or more parties, all the covenants and agreements
of Licensee herein contained shall be the joint and several covenants and agreements of such parties.
34. Waiver. The waiver by Licensor of the breach of any provision herein by Licensee shall in no way impair
the right of Licensor to enforce that provision for any subsequent breach thereof.
35. Interpretation.
35.1 This License shall be interpreted in a neutral manner, and not more strongly for or against any
party based upon the source of the draftsmanship; both parties hereby agree that this License
shall not be subject to the principle that a contract would be construed against the party which
drafted the same. Article titles, headings to sections and paragraphs and the table of contents (if
any) are inserted for convenience of reference only and are not intended to be a part or to affect
the meaning or interpretation hereof. The exhibit or exhibits referred to herein shall be construed
with and as an integral part of this License to the same extent as if they were set forth verbatim
herein.
35.2 As used herein, "include", "includes" and "including" are deemed to be followed by "without
limitation" whether or not they are in fact followed by such words or words of like import; "writing",
"written" and comparable terms refer to printing, typing, lithography and other means of
reproducing words in a visible form; references to any person are also to that person's successors
and permitted assigns; "hereof", "herein", "hereunder" and comparable terms refer to the entirety
hereof and not to any particular article, section, or other subdivision hereof or attachment hereto;
references to any gender include references to the masculine or feminine as the context requires;
references to the plural include the singular and vice versa; and references to this License or
other documents are as amended, modified or supplemented from time to time.
36. Counterparts. This License may be executed in multiple counterparts, each of which shall, for all
purposes, be deemed an original but which together shall constitute one and the same instrument, and
the signature pages from any counterpart may be appended to any other counterpart to assemble fully
executed documents, and counterparts of this License may also be exchanged electronically and any
electronic version of any party's signature shall be deemed to be an original signature for all purposes.
37. Licensor's Representative. Jones Lang LaSalle Brokerage, Inc. is acting as representative for BNSF
Railway Company.
END OF PAGE – SIGNATURE PAGE FOLLOWS
DocuSign Envelope ID: 260D3FED-F085-4009-AF95-479B25C105A5
Tracking #22W-14253
- 16 - Form 424; Rev. 20200605
This License has been duly executed by the parties hereto as of the Effective Date.
LICENSOR:
BNSF Railway Company, a Delaware corporation
By: Jones Lang LaSalle Brokerage, Inc.
2650 Lou Menk Drive-MOB2
Fort Worth, TX 76131
By:
By: Patricia Villegas
Title: Vice President, Permits
LICENSEE:
City of Cottage Grove
By:
By:
Title:
DocuSign Envelope ID: 260D3FED-F085-4009-AF95-479B25C105A5
Ryan Burfiend
PW Director/City Engineer
10 3rd St S
Source: Esri, Maxar, Earthstar Geographics, and the GIS UserCommunity
TOWNSHIP & RANGE: 27N 21W MERIDIAN : 4PM
SECTION: 30
DRAWING NO. 84871
JN CSTATE OF MN
COATING:WALL THIC KNESS:SPECIFIC ATIONS / GRADE:PIPE MATERIAL:CONTEN TS:SANITARY SEWER
CARRIERPIPE
DUCTILE IRONCLASS 520.33" & 0.37"-
SIZE:8" & 12"
CASIN GPIPE
STEELSTD0.469"-
36"WORKING PRESSUR E:20 PSI
CARRIERPIPE
LENGTH ON R/W:163'
CASIN GPIPE
163'
DESCRIPTION OF PIPELINEPIPELINE SHOWN BOLD
COORDINATE SYSTEM: MN_S TR ACKING NO. 22W-14253
MAP REF. r50388NOTE: CASING TO BE INSTALLED BY HORIZONTAL DIRECTIONAL DRILLCOTTAGE GROVECOUNTY OF WASHINGTON
CATHODIC PROTECTIONBURY: R OADWAY DITCHESBURY: N ATURAL GROUND
BURY: BASE/RAIL TO TOPOF CASING 18'8'8'YES
VENTS: N UMBER 0 SIZE - HEIGH T OF VENT ABOVE GROUND -
DATE: 4/25/2024
TWIN CITIES DIV. ST PAUL SU BD IV.L.S. 00 03 MP: 41 7.5 3
1 IN = 200 FTSCALE:
EXHIB IT "A"
³
MP 417.5344.800556, -92.970564
163'36°TO: ST PAUL PARK
T
O
: P
R
E
S
C
O
T
T
204' FROM END OF B RIDGETO UNDERGROU ND PIPE
100'REVISION 1
DocuSign Envelope ID: 260D3FED-F085-4009-AF95-479B25C105A5
Jones Lang LaSalle Brokerage, Inc.
2650 Lou Menk Drive – MOB2
Fort Worth, Texas 76131
tel +1 817-352-1008
April 29, 2024
City of Cottage Grove 22W-14254
Attention: Mr. Ryan Burfiend
8635 West Point Douglas Road S
Cottage Grove, MN 55016
Dear Mr. Burfiend:
Attached please find a copy of the requested contract for execution by an official authorized to execute contract
agreements on behalf of your company. Please provide one (1) signed copy via email for completion on part of
BNSF Railway Company (“BNSF”) to this office, along with the following requirements:
Online payment through RP site in the amount of $8,592.00 payable to BNSF Railway Company
which covers the contract fee.
Please note the agreements cannot be executed by BNSF without an approved insurance certificate. If there are
any issues with your insurance, you will be contacted by a member of the Risk Management team of BNSF
Railway.
1. A Certificate of Insurance as required in the agreement.
2. A separate policy for Railroad Protective Liability Insurance as required in the agreement (ORIGINAL
POLICY MUST BE PROVIDED). BNSF Railway Company will be the only insured party; OR;
In lieu of providing a separate policy for Railroad Protective Liability Insurance, you may participate in the
BNSF’s Railroad Protective Policy by checking the appropriate box in the contract and including an additional
$1,266.00 with your online payment.
PLEASE ADVISE IF THIS PROJECT IS ARRA FUNDED.
Licensee must ensure that each of its employees, contractors, agents or invitees entering upon the premises
completes the safety orientation program at the website www.BNSFcontractor.com prior to entering upon the
premises. The certification is good for one year, and each person entering the premises must possess the card
certifying completion.
Acceptance and deposit of any check by BNSF does not constitute an agreement between BNSF and Licensee
for the requested license. BNSF shall not be obligated to hold the check in a separate fund, but may commingle
the funds with other funds of BNSF, and in no event shall BNSF be responsible for interest on said funds.
The enclosed permit is not a binding agreement and shall become binding only when, and if, it is executed by you
and fully approved and executed by BNSF Railway Company. Upon completion on behalf of BNSF, one fully
executed counterpart will be returned for your records.
The specifications/plans you provided may differ from BNSF’s minimum specification
requirements. Therefore, prior to your installation, please review the Exhibit A to determine the
specifications necessary for your installation.
Sincerely,
Patricia Villegas
Permit Manager
Attachment
DocuSign Envelope ID: 260D3FED-F085-4009-AF95-479B25C105A5
Tracking #22W-14254
- 1 - Form 424; Rev. 20200605
PIPELINE LICENSE
THIS PIPELINE LICENSE ("License") is made to be effective ____________, 20__ (the "Effective Date")
by and between BNSF RAILWAY COMPANY, a Delaware corporation ("Licensor") and CITY OF COTTAGE
GROVE ("Licensee").
In consideration of the mutual covenants contained herein, the parties agree to the following:
GENERAL
1. Grant of License. Licensor hereby grants Licensee a non-exclusive license, subject to all rights, interests,
and estates of third parties, including, without limitation, any leases, use rights, easements, liens, or other
encumbrances, and upon the terms and conditions set forth below, to construct and maintain, in strict
accordance with the drawings and specifications approved by Licensor as part of Licensee's application
process (the "Drawings and Specifications"), one (1) pipeline, 8 inches in diameter inside a 24 inch
steel casing (collectively, the "Pipeline"), across or along Licensor's rail corridor at or near the station of
Cottage Grove, County of Washington, State of Minnesota, Line Segment 0003, Mile Post 417.52 as
shown on the attached Drawing No. 84872, dated April 25, 2024, attached hereto as Exhibit "A" and
incorporated herein by reference (the "Premises").
2. Term. This License shall commence on the Effective Date and shall continue for a period of twenty-five
(25) years, subject to prior termination as hereinafter described.
3. Existing Improvements. Licensee shall not disturb any improvements of Licensor or Licensor's existing
lessees, licensees, easement beneficiaries or lien holders, if any, or interfere with the use, repair,
maintenance or replacement of such improvements.
4. Use of the Premises. Licensee shall use the Premises solely for construction, maintenance, and use of
the Pipeline in accordance with the Drawings and Specifications. The Pipeline shall carry domestic water,
and Licensee shall not use the Pipeline to carry any other material or use the Premises for any other
purpose. Licensee is expressly prohibited from using or allowing any telecommunication facilities or
equipment within the Premises, or using or allowing the use of the Premises for any other purpose.
5. Alterations. Except as set forth in this License, Licensee may not make any alterations to the Premises
or permanently affix anything to the Premises or any buildings or other structures adjacent to the Premises
without Licensor's prior written consent.
COMPENSATION
6. License Fee. Licensee shall pay Licensor, prior to the Effective Date, a one-time payment (in lieu of
recurring periodic fixed license fees) in the amount the sum of eight thousand five hundred ninety-two and
No/100 Dollars ($8,592.00) as compensation for the use of the Premises.
7. Costs and Expenses.
7.1 For the purpose of this License, "cost" or "costs" and "expense" or "expenses" includes, but is not
limited to, actual labor and material costs including all assignable additives, and material and
supply costs at current value where used.
7.2 Licensee agrees to reimburse Licensor (pursuant to the terms of Section 8 below) for all costs
and expenses incurred by Licensor in connection with Licensee's use of the Premises or the
presence, construction and maintenance of the Pipeline, including but not limited to the furnishing
of Licensor's flaggers and any vehicle rental costs incurred, inspection coordination, safety,
mobilization and/or other observation services described in this License (collectively, the
"Services"). Licensee shall bear the cost of the Services, when deemed necessary by Licensor's
representative. Flagging costs shall include, but not be limited to, the following: pay for at least
an eight (8) hour basic day with time and one-half or double time for overtime, rest days and
holidays (as applicable); vacation allowance; paid holidays (as applicable); railway and
DocuSign Envelope ID: 260D3FED-F085-4009-AF95-479B25C105A5
Tracking #22W-14254
- 2 - Form 424; Rev. 20200605
unemployment insurance; public liability and property damage insurance; health and welfare
benefits; transportation; meals; lodging and supervision. Negotiations for railway labor or
collective bargaining agreements and rate changes authorized by appropriate Federal authorities
may increase flagging rates. Flagging rates in effect at the time of performance by the flaggers
will be used to calculate the flagging costs pursuant to this Section 7.
7.3 Licensor, at its sole discretion, may elect to designate a third party (the "Scheduling Agent"), to
perform and/or arrange for the performance of the Services.
8. Payment Terms. All invoices are due thirty (30) days after the date of invoice. If Licensee fails to pay
any monies due to Licensor within thirty (30) days after the invoice date, then Licensee shall pay interest
on such unpaid sum from the due date until paid at an annual rate equal to the lesser of (i) the prime rate
last published in The Wall Street Journal in the preceding December plus two and one-half percent (2-
1/2%), or (ii) the maximum rate permitted by law.
LICENSOR'S RESERVED RIGHTS
9. Reserved Rights of Use. Licensor excepts and reserves the right, to be exercised by Licensor and any
other parties who may obtain written permission or authority from Licensor:
9.1 to maintain, use, operate, repair, replace, modify and relocate any utility, power or communication
pipe/lines/cables and appurtenances (other than the Pipeline) and other facilities or structures of
like character upon, over, under or across the Premises existing as of the Effective Date;
9.2 to construct, maintain, renew, use, operate, change, modify and relocate any tracks or additional
facilities, structures and related appurtenances upon, over, under or across the Premises; or
9.3 to use the Premises in any manner as Licensor in its sole discretion deems appropriate, provided
Licensor uses all commercially reasonable efforts to avoid material interference with the use of
the Premises by Licensee for the purpose specified in Section 4 above.
10. Right to Require Relocation. If at any time during the term of this License, Licensor desires the use of its
rail corridor in such a manner as would, in Licensor's reasonable opinion, be interfered with by the
Pipeline, Licensee shall, at its sole expense, within thirty (30) days after receiving written notice from
Licensor to such effect, make such changes in the Pipeline as in the sole discretion of Licensor may be
necessary to avoid interference with the proposed use of Licensor's rail corridor, including, without
limitation, the relocation of the Pipeline, or the construction of a new pipeline to replace the Pipeline.
Notwithstanding the foregoing, Licensee agrees to make all emergency changes and minor adjustments,
as determined by Licensor in its sole discretion, to the Pipeline promptly upon Licensor's request.
LICENSEE'S OPERATIONS
11. Construction and Maintenance of the Pipeline.
11.1 Licensee shall not enter the Premises or commence construction unless accompanied by
Licensor's representative, the Scheduling Agent or its designee. Licensee shall notify Licensor's
Roadmaster, at Kyle.Cobb@bnsf.com, telephone (763) 782-3236, at least ten (10) business days
prior to installation of the Pipeline and prior to entering the Premises for any subsequent
maintenance thereon. In the event of emergency, Licensee shall notify Licensor of Licensee's
entry onto the Premises at the telephone number above as soon as practicable and shall promptly
thereafter follow up with written notice of such entry.
11.2 Licensee's on-site supervisors shall retain/maintain a fully executed copy of this License at all
times while on the Premises.
11.3 While on the Premises, Licensee shall use only public roadways to cross from one side of
Licensor's tracks to the other.
DocuSign Envelope ID: 260D3FED-F085-4009-AF95-479B25C105A5
Tracking #22W-14254
- 3 - Form 424; Rev. 20200605
11.4 Any contractors or subcontractors performing work on the Pipeline or entering the Premises on
behalf of Licensee shall be deemed servants and agents of Licensee for purposes of this License.
11.5 Under no conditions shall Licensee be permitted to conduct any tests, investigations or any other
activity using mechanized equipment and/or machinery, or place or store any mechanized
equipment, tools or other materials, within twenty-five (25) feet of the centerline of any railroad
track on the Premises unless Licensee has obtained prior written approval from Licensor.
Licensee shall, at its sole cost and expense, perform all activities on and about the Premises,
including without limitation all construction and maintenance of the Pipeline, in such a manner
and of such materials as not at any time to endanger or interfere with (i) the existence or use of
present or future tracks, roadbeds, or property of Licensor, (ii) the safe operation and activities of
Licensor or existing third parties, or (iii) the rights or interests of third parties. If ordered to cease
using the Premises at any time by Licensor's personnel due to any hazardous condition, Licensee
shall immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that
Licensor has no duty or obligation to monitor Licensee's use of the Premises to determine the
safe nature thereof, it being solely Licensee's responsibility to ensure that Licensee's use of the
Premises is safe. Neither the exercise nor the failure by Licensor to exercise any rights granted
in this Section will alter the liability allocation provided by this License.
11.6 Licensee shall, at its sole cost and expense, construct and maintain the Pipeline in such a manner
and of such material that the Pipeline will not at any time endanger or interfere with (i) the
existence or use of present or future tracks, roadbeds, or property of Licensor, (ii) the safe
operation and activities of Licensor or existing third parties, or (iii) the rights or interests of third
parties. The construction of the Pipeline shall be completed within one (1) year of the Effective
Date, and any subsequent maintenance shall be completed within one (1) year of initiation. Within
fifteen (15) days after completion of the construction of the Pipeline or the performance of any
subsequent maintenance thereon, Licensee shall, at Licensee's own cost and expense, restore
the Premises to substantially their state as of the Effective Date, unless otherwise approved in
advance by Licensor in writing. On or before expiration or termination of this License for any
reason, Licensee shall, at its sole cost and expense, surrender the Premises to Licensor pursuant
to the terms and conditions set forth in Section 24 hereof.
11.7 Licensor may direct one or more of its field engineers or inspectors to observe or inspect the
construction and/or maintenance of the Pipeline at any time for compliance with the Drawings
and Specifications and Legal Requirements (defined below). Licensee shall reimburse Licensor
for the cost of such observation or inspection related services pursuant to Section 8. If ordered
at any time to halt construction or maintenance of the Pipeline by Licensor's personnel due to
non-compliance with the Drawings and Specifications or any other hazardous condition, Licensee
shall immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that
Licensor has no duty or obligation to observe or inspect, or to halt work on, the Pipeline, it being
solely Licensee's responsibility to ensure that the Pipeline is constructed and maintained in strict
accordance with the Drawings and Specifications and in a safe and workmanlike manner in
compliance with all terms hereof. Neither the exercise of, nor the failure by Licensor to exercise,
any right granted by this Section will alter in any way the liability allocation provided by this
License. If at any time Licensee shall, in the sole judgment of Licensor, fail to properly perform
its obligations under this Section 11, Licensor may, at its option and at Licensee's sole expense,
arrange for the performance of such work as it deems necessary for the safety of its operations
and activities. Licensee shall promptly reimburse Licensor for all costs and expenses of such
work, pursuant to the terms of Section 8. Licensor's failure to perform any obligations of Licensee
shall not alter the liability allocation hereunder.
11.8 Cutting head must travel at 0.0% grade (or downward) beginning 25’ (minimum) from centerline
of track until it reaches a point 25’ (minimum) from the centerline of track. Minimum pressure
must be applied to pumping the slurry to the cutting head during drilling. This will deter the
bentonite slurry used for lubrication from seeping up and fouling the track roadbed. A Flagman
must be present during installation and will monitor the ballast and roadbed.
DocuSign Envelope ID: 260D3FED-F085-4009-AF95-479B25C105A5
Tracking #22W-14254
- 4 - Form 424; Rev. 20200605
12. Boring and Excavation.
12.1 Prior to Licensee conducting any boring, excavation, or similar work on or about any portion of
the Premises, Licensee shall contact the applicable State's call-before-you-dig utility location
service to have 3rd parties mark the location of utilities. Licensee shall explore the proposed
location for such work with hand tools to a depth of at least three (3) feet below the surface of the
ground to determine whether pipelines or other structures exist below the surface, provided,
however, that in lieu of the foregoing hand-tool exploration, Licensee shall have the right to use
suitable detection equipment or other generally accepted industry practice (e.g., consulting with
the United States Infrastructure Corporation) to determine the existence or location of pipelines
and other subsurface structures prior to drilling or excavating with mechanized equipment.
Licensee shall request information from Licensor concerning the existence and approximate
location of Licensor's underground lines, utilities, and pipelines at or near the vicinity of the
proposed Pipeline by contacting Licensor's Telecommunications Helpdesk, currently at 1-800-
533-2891 (option1, then option 7), at least ten (10) business days prior to installation of the
Pipeline. Upon receiving Licensee's timely request, Licensor will provide Licensee with the
information Licensor has in its possession regarding any existing underground lines, utilities, and
pipelines at or near the vicinity of the proposed Pipeline and, if applicable, identify the location of
such lines on the Premises pursuant to Licensor's standard procedures. Licensor does not
warrant the accuracy or completeness of information relating to subsurface conditions of the
Premises and Licensee's operations will be subject at all times to the liability provisions herein.
12.2 For all bores greater than 26-inch diameter and at a depth less than 10.0 feet below bottom of
rail, a soil investigation must be performed by Licensee and reviewed by Licensor prior to
construction. This study is to determine if granular material is present, and to prevent subsidence
during the installation process. If the investigation determines in Licensor's reasonable opinion
that granular material is present, Licensor may select a new location for Licensee's use, or may
require Licensee to furnish for Licensor's review and approval, in Licensor's sole discretion, a
remedial plan to deal with the granular material. Once Licensor has approved any such remedial
plan in writing, Licensee shall, at Licensee's sole cost and expense, carry out the approved plan
in accordance with all terms thereof and hereof.
12.3 No wells shall be installed without prior written approval from Licensor.
12.4 Any open hole, boring, or well constructed on the Premises by Licensee shall be safely covered
and secured at all times when Licensee is not working in the actual vicinity thereof. Following
completion of that portion of the work, all holes or borings constructed on the Premises by
Licensee shall be:
12.4.1 filled in to surrounding ground level with compacted bentonite grout; or
12.4.2 otherwise secured or retired in accordance with any applicable Legal Requirement. No
excavated materials may remain on Licensor's property for more than ten (10) days, but
must be properly disposed of by Licensee in accordance with applicable Legal
Requirements.
LIABILITY AND INSURANCE
13. Liability and Indemnification.
13.1 For purposes of this License: (a) "Indemnitees" means Licensor and Licensor's affiliated
companies, partners, successors, assigns, legal representatives, officers, directors,
shareholders, employees, and agents; (b) "Liabilities" means all claims, liabilities, fines,
penalties, costs, damages, losses, liens, causes of action, suits, demands, judgments, and
expenses (including, without limitation, court costs, reasonable attorneys' fees, costs of
investigation, removal and remediation, and governmental oversight costs) environmental or
DocuSign Envelope ID: 260D3FED-F085-4009-AF95-479B25C105A5
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- 5 - Form 424; Rev. 20200605
otherwise; and (c) "Licensee Parties" means Licensee and Licensee's officers, agents, invitees,
licensees, employees, or contractors, or any party directly or indirectly employed by any of them,
or any party they control or exercise control over.
13.2 TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE SHALL, AND SHALL CAUSE
ITS CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS
INDEMNITEES FOR, FROM, AND AGAINST ANY AND ALL LIABILITIES OF ANY NATURE,
KIND, OR DESCRIPTION DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING
FROM, OR RELATED TO (IN WHOLE OR IN PART):
13.2.1 THIS LICENSE, INCLUDING, WITHOUT LIMITATION, ITS ENVIRONMENTAL
PROVISIONS,
13.2.2 ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS LICENSE,
13.2.3 LICENSEE'S OCCUPATION AND USE OF THE PREMISES,
13.2.4 THE ENVIRONMENTAL CONDITION AND STATUS OF THE PREMISES CAUSED BY
OR CONTRIBUTED TO BY LICENSEE, OR
13.2.5 ANY ACT OR OMISSION OF ANY LICENSEE PARTY.
13.3 TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE NOW AND FOREVER WAIVES
AND WILL INDEMNIFY, DEFEND, AND HOLD THE INDEMNITEES HARMLESS FROM ANY
AND ALL CLAIMS THAT BY VIRTUE OF ENTERING INTO THIS LICENSE, LICENSOR IS A
GENERATOR, OWNER, OPERATOR, ARRANGER, OR TRANSPORTER FOR THE
PURPOSES OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,
AND LIABILITY ACT, AS AMENDED ("CERCLA") OR OTHER ENVIRONMENTAL LAWS
(DEFINED BELOW). NOTHING IN THIS LICENSE IS MEANT BY EITHER PARTY TO
CONSTITUTE A WAIVER OF ANY INDEMNITEE'S COMMON CARRIER DEFENSES AND
THIS LICENSE SHOULD NOT BE SO CONSTRUED. IF ANY AGENCY OR COURT
CONSTRUES THIS LICENSE TO BE A WAIVER OF ANY INDEMNITEE'S COMMON CARRIER
DEFENSES, LICENSEE AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND
INDEMNITEES FOR ANY LIABILITIES RELATED TO THAT CONSTRUCTION OF THIS
LICENSE. IN NO EVENT AS BETWEEN LICENSOR AND LICENSEE AS TO USE OF THE
PREMISES AS CONTEMPLATED BY THIS LICENSE SHALL LICENSOR BE RESPONSIBLE
TO LICENSEE FOR THE ENVIRONMENTAL CONDITION OF THE PREMISES.
13.4 IF ANY EMPLOYEE OF ANY LICENSEE PARTY ASSERTS THAT HE OR SHE IS AN
EMPLOYEE OF ANY INDEMNITEE, TO THE FULLEST EXTENT PERMITTED BY LAW,
LICENSEE SHALL, AND SHALL CAUSE ITS CONTRACTOR TO, RELEASE, INDEMNIFY,
DEFEND, AND HOLD THE INDEMNITEES HARMLESS FROM AND AGAINST ANY
LIABILITIES ARISING OUT OF OR RELATED TO (IN WHOLE OR IN PART) ANY SUCH
ASSERTION INCLUDING, BUT NOT LIMITED TO, ASSERTIONS OF EMPLOYMENT BY AN
INDEMNITEE RELATED TO THE FOLLOWING OR ANY PROCEEDINGS THEREUNDER:
THE FEDERAL EMPLOYERS' LIABILITY ACT, THE SAFETY APPLIANCE ACT, THE
LOCOMOTIVE INSPECTION ACT, THE OCCUPATIONAL SAFETY AND HEALTH ACT, THE
RESOURCE CONSERVATION AND RECOVERY ACT, AND ANY SIMILAR STATE OR
FEDERAL STATUTE.
13.5 THE FOREGOING OBLIGATIONS OF LICENSEE SHALL NOT APPLY TO THE EXTENT
LIABILITIES ARE PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT OF ANY INDEMNITEE, BUT SHALL APPLY TO ALL OTHER LIABILITIES,
INCLUDING THOSE ARISING FROM OR ATTRIBUTED TO ANY OTHER ALLEGED OR
ACTUAL NEGLIGENCE, INTENTIONAL ACTS, OR STRICT LIABILITY OF ANY INDEMNITEE.
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13.6 Upon written notice from Licensor, Licensee agrees to assume the defense of any lawsuit or other
proceeding brought against any Indemnitee by any entity, relating to any matter covered by this
License for which Licensee has an obligation to assume liability for and/or save and hold harmless
any Indemnitee. Licensee shall pay all costs and expenses incident to such defense, including,
but not limited to, reasonable attorneys' fees, investigators' fees, litigation and appeal expenses,
settlement payments, and amounts paid in satisfaction of judgments.
14. Personal Property Risk of Loss. ALL PERSONAL PROPERTY, INCLUDING, BUT NOT LIMITED TO,
FIXTURES, EQUIPMENT, OR RELATED MATERIALS UPON THE PREMISES WILL BE AT THE RISK
OF LICENSEE ONLY, AND NO INDEMNITEE WILL BE LIABLE FOR ANY DAMAGE THERETO OR
THEFT THEREOF, WHETHER OR NOT DUE IN WHOLE OR IN PART TO THE NEGLIGENCE OF ANY
INDEMNITEE.
15. Insurance. Licensee shall, at its sole cost and expense, procure and maintain during the term of this
License the following insurance coverage:
15.1 Commercial General Liability “CGL” Insurance.
a. The policy will provide a minimum of $5,000,000 per occurrence and an aggregate limit of at
least $10,000,000 but in no event will the coverage be in an amount less than the amount
otherwise carried by Licensee. Coverage must be purchased on a post 2004 ISO occurrence
form or equivalent and include coverage for, but not limited to, the following:
Bodily Injury and Property Damage
Personal Injury and Advertising Injury
Fire legal liability
Products and completed operations
Contractual Liability for an “Insured Contract” consistent with the definition under the
standard ISO general liability policy form.
b. This policy will include the following endorsements or language, which shall be indicated on
or attached to the certificate of insurance:
The definition of “Insured Contract” will be amended to remove any exclusion or other
limitation for any work being done within 50 feet of Licensor’s property;
Waiver of subrogation in favor of and acceptable to Licensor;
Additional insured endorsement in favor of and acceptable to Licensor and Jones Lang
LaSalle Brokerage, Inc. to include coverage for ongoing and completed operations;
Separation of insureds;
The policy shall be primary and non-contributing with respect to any insurance carried by
Licensor.
c. The parties agree that the workers’ compensation and employers’ liability related exclusions
in the CGL policy(s) are intended to apply to employees of the policyholder and will not apply
to Licensor’s employees.
d. No other endorsements that limit coverage with respect to Licensee’s obligations under this
agreement may be included on the policy.
15.2 Business Automobile Insurance.
a. The insurance will provide minimum coverage with a combined single limit of at least
$1,000,000 per accident, and include coverage for, but not limited to the following:
Bodily injury and property damage.
Any and all vehicles owned, used or hired.
b. The policy will include the following endorsements or language, which will be indicated on or
attached to the certificate of insurance:
Waiver of subrogation in favor of and acceptable to Licensor;
Additional insured endorsement in favor of and acceptable to Licensor;
Separation of insureds;
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The policy shall be primary and non-contributing with respect to any insurance carried by
Licensor.
15.3 Workers' Compensation and Employers' Liability Insurance.
a. The policy will provide coverage of all employees performing any part of the installation or
maintenance of the Pipeline including coverage for, but not limited to:
Licensee's statutory liability under the workers' compensation laws of the state(s) in which
the work or services under this agreement are to be performed. The policy will cover all
of Licensee’s employees, regardless of whether such coverage is optional under the law
of that state(s).
Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by
disease policy limit, $500,000 by disease each employee.
b. The policy will include contain the following endorsements or language, which shall be
indicated on or attached to the certificate of insurance:
Waiver of subrogation in favor of and acceptable to Licensor.
15.4 Railroad Protective Liability Insurance. The policy will name only Licensor as the Insured and will
provide coverage of at least $5,000,000 per occurrence and $10,000,000 in the aggregate. The
coverage obtained under this policy shall only be effective during the initial installation and/or
construction of the Pipeline. THE CONSTRUCTION OF THE PIPELINE SHALL BE
COMPLETED WITHIN ONE (1) YEAR OF THE EFFECTIVE DATE. If further maintenance of
the Pipeline is needed at a later date, an additional Railroad Protective Liability Insurance Policy
shall be required. The policy will be issued on a standard ISO form CG 00 35 12 04 and include
the following:
Endorsed to include the Pollution Exclusion Amendment.
Endorsed to include the Limited Seepage and Pollution Endorsement.
Endorsed to remove any exclusion for punitive damages.
Endorsed to include Evacuation Expense Coverage Endorsement.
No other endorsements restricting coverage may be added.
The original policy must be provided to Licensor and Licensee shall not perform any work or
services of any kind under this agreement until Licensor has reviewed and approved the
policy.
The definition of "Physical Damage to Property" will be endorsed to read: "means direct and
accidental loss of or damage to all property owned by any named insured and all property in
any named insured's care, custody and control (including, but not limited to rolling stock and
their contents, mechanical construction equipment or motive power equipment, railroad
tracks, roadbeds, catenaries, signals, tunnels, bridges and buildings) arising out of the acts
or omissions of the contractor named on the Declarations."
In lieu of providing a Railroad Protective Liability Policy, for a period of one (1) year from the
Effective Date, Licensee may participate in Licensor's Blanket Railroad Protective Liability
Insurance Policy available to Licensee or its contractor. The limits of coverage are the same as
above. The cost is $1,266.00.
Licensee may elect to participate in Licensor's Blanket Policy;
Licensee declines to participate in Licensor's Blanket Policy.
15.5 Intentionally deleted.
15.6 Other Requirements:
15.6.1 Where allowable by law, no exclusion for punitive damages may be included in any policy.
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15.6.2 Licensee agrees to waive its right of recovery against Licensor for all claims and suits
against Licensor. In addition, Licensee's insurers, through the terms of the policy or policy
endorsement, waive their right of subrogation against Licensor for all claims and suits.
Licensee further waives its right of recovery, and its insurers also waive their right of
subrogation against Licensor for loss of Licensee's owned or leased property or property
under Licensee's care, custody, or control.
15.6.3 Allocated Loss Expense, including but not limited to defense costs and expenses, will be
in addition to all policy limits for coverage under the insurance requirements.
15.6.4 Licensee is not allowed to self-insure without the prior written consent of Licensor. If
Licensor allows Licensee to self-insure, Licensee shall directly cover any self-insured
retention or other financial responsibility for claims in lieu of insurance. Any and all
Licensor liabilities that would otherwise be covered by Licensee's insurance in
accordance with the provisions of this agreement, will be covered as if Licensee elected
not to include a self-insured retention or other financial responsibility for claims.
15.6.5 Prior to entering the Premises or commencing any work related to the installation or
subsequent maintenance of the Pipeline, Licensee shall furnish to Licensor an acceptable
certificate(s) of insurance from an authorized representative evidencing the required
coverage(s), endorsements, and amendments.
15.6.6 Licensee shall notify BNSF in writing at least 30 days prior to any cancellation, non-
renewal, substitution or material alteration of any insurance requirement.
15.6.7 Any insurance policy shall be written by a reputable insurance company acceptable to
Licensor or with a current Best's Guide Rating of A- and Class VII or better, and
authorized to do business in the state(s) in which the service is to be provided.
15.6.8 If the coverage provided by any of the insurance policies required by this agreement is
purchased on a "claims made" basis, Licensee hereby agrees to maintain coverage in
force for a minimum of three years after expiration, cancellation or termination of this
agreement.
15.6.9 Licensee agrees to provide evidence to Licensor that it has the required coverage in
place at least annually or in the event of a renewal or material change of coverage
15.6.10 Licensee represents that this License has been thoroughly reviewed by Licensee's
insurance agent(s)/broker(s), and that Licensee has instructed them to procure the
insurance coverage required by this License.
15.6.11 Not more frequently than once every five years, Licensor may, at its discretion,
reasonably modify the insurance requirements to reflect the then-current risk
management practices in the railroad industry and underwriting practices in the insurance
industry.
15.6.12 If Licensee will subcontract any portion of the operation, Licensee shall require that the
subcontractor provide and maintain insurance coverage(s) as set forth herein, naming
Licensor as an additional insured. In addition, Licensee shall require that the
subcontractor shall release, defend and indemnify Licensee to the same extent and under
the same terms and conditions as Licensee is required to release, defend and indemnify
Licensor under this agreement.
15.6.13 Failure to provide evidence as required by this section shall entitle, but not require,
Licensor to terminate this License immediately. Acceptance of a certificate that does not
comply with this section shall not operate as a waiver of Licensee's obligations hereunder.
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15.6.14 The fact that Licensee obtains insurance (including, without limitation, self-insurance)
shall not release or diminish Licensee’s liabilities or obligations including, without
limitation, the liabilities and obligations under the indemnity provisions of the License.
Damages recoverable by Licensor shall not be limited by the amount of the required
insurance coverage.
15.6.15 In the event of a claim or lawsuit involving BNSF arising out of this Agreement,
Licensee will make the policy covering such claims or lawsuits available to BNSF.
15.6.16 If Licensee maintains broader coverage and/or higher limits than the minimum
requirements in this Agreement, BNSF requires and shall be entitled to the broader
coverage and/or the higher limits. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to BNSF.
15.6.17 These insurance provisions are intended to be a separate and distinct obligation on the
part of the Licensee. Therefore, these provisions shall be enforceable and Licensee shall
be bound thereby regardless of whether or not indemnity provisions are determined to be
enforceable in the jurisdiction in which the work or services are performed under this
License.
15.6.18 For purposes of this Section 15, Licensor shall mean "Burlington Northern Santa Fe,
LLC", "BNSF Railway Company" and the subsidiaries, successors, assigns and affiliates
of each.
COMPLIANCE WITH LAWS, REGULATIONS, AND ENVIRONMENTAL MATTERS
16. Compliance with Laws, Rules, and Regulations.
16.1 Licensee shall observe and comply with any and all applicable federal, state, local, and tribal
laws, statutes, regulations, ordinances, orders, covenants, restrictions, or decisions of any court
of competent jurisdiction ("Legal Requirements") relating to the construction, maintenance, and
use of the Pipeline and the use of the Premises.
16.2 Prior to entering the Premises, Licensee shall and shall cause its contractor(s) to comply with all
of Licensor's applicable safety rules and regulations. Licensee must ensure that each of its
employees, contractors, agents or invitees entering upon the Premises completes the safety
orientation program at the Website "www.BNSFcontractor.com" (the "Safety Orientation") within
one year prior to entering upon the Premises. Additionally, Licensee must ensure that each and
every employee of Licensee, its contractors, agents and invitees possess a card certifying
completion of the Safety Orientation prior to entering upon the Premises. Licensee must renew
(and ensure that its contractors, agents or invitees, as applicable, renew) the Safety Orientation
annually.
16.3 Licensee shall obtain on or before the date it or its contractor enters the Premises, any and all
additional rights-of way, easements, licenses and other agreements relating to the grant of rights
and interests in and/or access to the Premises (collectively, the "Rights") and such other rights,
licenses, permits, authorizations, and approvals (including without limitation, any necessary local,
state, federal or tribal authorizations and environmental permits) that are necessary in order to
permit Licensee to construct, maintain, own and operate the Pipeline and otherwise to perform
its obligations hereunder in accordance with the terms and conditions hereof.
16.4 Licensee shall either require that the initial stated term of each such Rights be for a period that
does not expire, in accordance with its ordinary terms, prior to the last day of the term of this
License or, if the initial stated term of any such Right expires in accordance with its ordinary terms
on a date earlier than the last day of the term of this License, Licensee shall, at its cost, exercise
any renewal rights thereunder, or otherwise acquire such extensions, additions and/or
replacements as may be necessary, in order to cause the stated term thereof to be continued
until a date that is not earlier than the last day of the term of this License.
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16.5 Upon the expiration or termination of any Right that is necessary in order for Licensee to own,
operate or use the Pipeline in accordance with the terms and conditions of this License, this
License thereby shall automatically expire upon such expiration or termination of the Right.
17. Environmental.
17.1 Licensee shall strictly comply with Environmental Laws (as defined below). Licensee shall not
maintain a treatment, storage, transfer or disposal facility, or underground storage tank, as
defined by Environmental Laws on the Premises. Licensee shall not release or suffer the release
of oil or Hazardous Materials (as defined below) on or about the Premises.
17.2 Except as specifically set forth in Section 4 of this License, Licensee covenants that it will not
handle or transport Hazardous Materials through the Pipeline or on Licensor's property. Upon
request by Licensor, Licensee agrees to furnish Licensor with proof, satisfactory to Licensor, that
Licensee is in compliance with the provisions of this Section 17.2.
17.3 Licensee shall give Licensor immediate notice to Licensor's Resource Operations Center at (800)
832-5452 of any known (i) release of Hazardous Materials on, from, or affecting the Premises, (ii)
violation of Environmental Laws, or (iii) inspection or inquiry by governmental authorities charged
with enforcing Environmental Laws with respect to Licensee's use of the Premises. Licensee
shall use its best efforts to immediately respond to any release on, from, or affecting the Premises.
Licensee also shall give Licensor prompt notice of all measures undertaken on behalf of Licensee
to investigate, remediate, respond to or otherwise cure such release or violation.
17.4 If Licensor has notice from Licensee or otherwise of a release or violation of Environmental Laws
arising in any way with respect to the Pipeline which occurred or may occur during the term of
this License, Licensor may require Licensee, at Licensee's sole risk and expense, to take timely
measures to investigate, remediate, respond to or otherwise cure such release or violation
affecting the Premises or Licensor's right-of-way.
17.5 Licensee shall immediately report to Licensor’s Resource Operations Center at (800) 832-5452
any conditions or activities upon the Premises known to Licensee which create a risk of harm to
persons, property or the environment and shall take all reasonable actions necessary to prevent
injury to persons, property, or the environment arising out of such conditions or activities;
provided, however, that Licensee's reporting to Licensor shall not relieve Licensee of any
obligation whatsoever imposed on it by this License. Licensee shall promptly respond to
Licensor's request for information regarding said conditions or activities.
17.6 During the term of this License, Licensor may, at Licensor's option, require Licensee to conduct
an environmental audit, including but not limited to sampling, of the Premises through an
environmental consulting engineer acceptable to Licensor, at Licensee's sole cost and expense,
to determine if any noncompliance or environmental damage to the Premises has occurred during
occupancy thereof by Licensee. The audit shall be conducted to Licensor's satisfaction and a
copy of the audit report shall promptly be provided to Licensor for its review. Licensee shall pay
all expenses for any remedial or corrective action that may be required as a result of said audit to
correct any noncompliance or environmental damage, and Licensee shall diligently pursue and
complete all necessary work prior to termination of this License. Licensee's obligations under this
Section 17.6 shall survive termination of this License.
17.7 Notwithstanding anything in this Section 17, the parties agree that Licensor has no duty or
obligation to monitor Licensee's use of the Premises to determine Licensee’s compliance with
Environmental Laws, it being solely Licensee's responsibility to ensure that Licensee's use of the
Premises is compliant. Neither the exercise nor the failure by Licensor to exercise any rights
granted in this Section will alter the liability allocation provided by this License.
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17.8 "Environmental Law(s)" shall mean any federal, state, local, or tribal law, statute, ordinance,
code, rule, regulation, policy, common law, license, authorization, decision, order, or injunction
which pertains to health, safety, any Hazardous Material, or the environment (including but not
limited to ground, air, water, or noise pollution or contamination, and underground or above-
ground tanks) and shall include, without limitation, CERCLA 42 U.S.C. §9601 et seq.; the
Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq.; the Hazardous Materials
Transportation Act, 49 U.S.C. §5101 et seq.; the Federal Water Pollution Control Act, 33 U.S.C.
§1251 et seq.; the Clean Air Act, 42 U.S.C. §7401 et seq.; the Toxic Substances Control Act, 15
U.S.C. §2601 et seq.; the Safe Drinking Water Act, 42 U.S.C. §300f et seq.; the Emergency
Planning and Community Right-to-Know Act, 42 U.S.C. 11001 et seq.; the Federal Insecticide,
Fungicide and Rodenticide Act, 7 U.S.C. 136 to 136y; the Oil Pollution Act, 33 U.S.C. 2701 et
seq.; and the Occupational Safety and Health Act, 29 U.S.C. 651 et seq.; all as have been
amended from time to time, and any other federal, state, local, or tribal environmental
requirements, together with all rules, regulations, orders, and decrees now or hereafter
promulgated under any of the foregoing, as any of the foregoing now exist or may be changed or
amended or come into effect in the future.
17.9 "Hazardous Material(s)" shall include but shall not be limited to any substance, material, or waste
that is regulated by any Environmental Law or otherwise regulated by any federal, state, local, or
tribal governmental authority because of toxic, flammable, explosive, corrosive, reactive,
radioactive or other properties that may be hazardous to human health or the environment,
including without limitation asbestos and asbestos-containing materials, radon, petroleum and
petroleum products, urea formaldehyde foam insulation, methane, lead-based paint,
polychlorinated biphenyl compounds, hydrocarbons or like substances and their additives or
constituents, pesticides, agricultural chemicals, and any other special, toxic, or hazardous (i)
substances, (ii) materials, or (iii) wastes of any kind, including without limitation those now or
hereafter defined, determined, or identified as "hazardous chemicals", "hazardous substances,"
"hazardous materials," "toxic substances," or "hazardous wastes" in any Environmental Law.
DISCLAIMER OF WARRANTIES
18. No Warranties.
18.1 LICENSOR'S DUTIES AND WARRANTIES ARE LIMITED TO THOSE EXPRESSLY STATED
IN THIS LICENSE AND SHALL NOT INCLUDE ANY IMPLIED DUTIES OR IMPLIED
WARRANTIES, NOW OR IN THE FUTURE. NO REPRESENTATIONS OR WARRANTIES
HAVE BEEN MADE BY LICENSOR OTHER THAN THOSE CONTAINED IN THIS LICENSE.
LICENSEE HEREBY WAIVES ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH
RESPECT TO THE PREMISES OR WHICH MAY EXIST BY OPERATION OF LAW OR IN
EQUITY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY,
HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
18.2 LICENSOR MAKES NO WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND,
EXPRESS OR IMPLIED, CONCERNING (A) THE SCOPE OF THE LICENSE OR OTHER
RIGHTS GRANTED HEREUNDER TO LICENSEE OR (B) WHETHER OR NOT LICENSEE'S
CONSTRUCTION, MAINTENANCE, OWNERSHIP, USE OR OPERATION OF THE PIPELINE
WILL VIOLATE OR INFRINGE UPON THE RIGHTS, INTERESTS AND ESTATES OF THIRD
PARTIES, INCLUDING, WITHOUT LIMITATION, ANY LEASES, USE RIGHTS, EASEMENTS
AND LIENS OF ANY THIRD PARTY.
19. Disclaimer of Warranty for Quiet Enjoyment. LICENSOR DOES NOT WARRANT ITS TITLE TO THE
PREMISES NOR UNDERTAKE TO DEFEND LICENSEE IN THE PEACEABLE POSSESSION OR USE
THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE.
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20. Eviction at Risk of Licensee. In case of the eviction of Licensee by anyone owning, claiming title to, or
claiming any interest in the Premises, or by the abandonment by Licensor of the affected rail corridor,
Licensor shall not be liable (i) to refund Licensee any compensation paid hereunder, except for the pro-
rata part of any recurring charge paid in advance, or (ii) for any damages or costs Licensee sustains in
connection with the eviction.
LIENS AND TAXES
21. Liens and Charges. Licensee shall promptly pay and discharge any and all liens arising out of any
construction, alterations or repairs done, suffered or permitted to be done by Licensee on the Premises.
Licensor is hereby authorized to post any notices or take any other action upon or with respect to the
Premises that is or may be permitted by law to prevent the attachment of any such liens to the Premises;
provided, however, that failure of Licensor to take any such action shall not relieve Licensee of any
obligation or liability under this Section 21 or any other Section of this License.
22. Taxes. Licensee shall pay when due any taxes, assessments or other charges (collectively, "Taxes")
levied or assessed by any governmental or quasi-governmental body upon the Pipeline or any other
improvements constructed or installed on the Premises by or for Licensee (collectively, the
"Improvements") or any Taxes levied or assessed against Licensor or the Premises that are attributable
to the Improvements.
DEFAULT, TERMINATION, AND SURRENDER
23. Default and Termination. In addition to and not in limitation of Licensor's right to terminate for failure to
provide evidence of insurance as required pursuant to the terms of Section 15, the following events are
also deemed to be events of default pursuant to which Licensor has the right to terminate as set forth
below:
23.1 If default shall be made in any of Licensee's covenants, agreements, or obligations contained in
this License and Licensee fails to cure said default within thirty (30) days after written notice is
provided to Licensee by Licensor, or in case of any assignment or transfer of this License in
violation of Section 26 below, Licensor may, at its option, terminate this License by serving five
(5) days' notice in writing upon Licensee. Notwithstanding the foregoing, Licensor shall have the
right to terminate this License immediately if Licensee fails to provide evidence of insurance as
required in Section 15.
23.2 Should Licensee not comply fully with the obligations of Section 17 regarding the handling or
transporting of Hazardous Materials, notwithstanding anything contained in any other provision
of this License, Licensor may, at its option, terminate this License by serving five (5) days' notice
in writing upon Licensee.
23.3 Any waiver by Licensor of any default or defaults shall not constitute a waiver of the right to
terminate this License for any subsequent default or defaults, nor shall any such waiver in any
way affect Licensor's ability to enforce any Section of this License. The remedies set forth in this
Section 23 shall be in addition to, and not in limitation of, any other remedies that Licensor may
have at law or in equity.
23.4 In addition to and not in limitation of Licensor's rights to terminate this License for failure to provide
evidence of insurance or occurrence of defaults as described above, this License may be
terminated by either party, at any time, by serving thirty (30) days' written notice of termination
upon the other party. Such termination shall not release either party hereto from any liability or
obligation under the License, whether of indemnity or otherwise, resulting from any acts,
omissions or events happening prior to the date of termination or thereafter in case by the terms
of the License it is provided that anything shall or may be done after termination hereof.
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24. Surrender of the Premises.
24.1 On or before expiration or termination of this License for any reason, Licensee shall, at its sole
cost and expense:
24.1.1 if so directed by Licensor in writing, remove the Improvements, the Pipeline and all
appurtenances thereto, or, at the sole discretion of Licensor, fill and cap or otherwise
appropriately decommission the Pipeline with a method satisfactory to Licensor;
24.1.2 report and restore any damage to the Premises or Licensor's other property arising from,
growing out of, or connected with Licensee's use of the Premises;
24.1.3 remedy any unsafe conditions on the Premises created or aggravated by Licensee; and
24.1.4 leave the Premises in substantially the condition which existed as of the Effective Date,
or as otherwise agreed to by Licensor.
24.2 Upon any expiration or termination of this License, if Licensee fails to surrender the Premises to
Licensor or if Licensee fails to complete its obligations under Section 24.1 above (the
"Restoration Obligations"), Licensee shall have a limited license to enter upon the Premises
solely to the extent necessary for Licensee to complete the Restoration Obligations, and all
liabilities and obligations of Licensee hereunder shall continue in effect until the Premises are
surrendered and the Restoration Obligations are completed. Neither termination nor expiration
shall release Licensee from any liability or obligation under this License, whether of indemnity or
otherwise, resulting from any acts, omissions or events happening prior to the date of termination,
or, if later, the date when Licensee surrenders the Premises and all of the Restoration Obligations
are completed.
24.3 If Licensee fails to complete the Restoration Obligations within thirty (30) days after the date of
such termination of its tenancy, then Licensor may, at its election, either: (i) remove the Pipeline
and the other Improvements or otherwise restore the Premises, and in such event Licensee shall,
within thirty (30) days after receipt of bill therefor, reimburse Licensor for cost incurred, (ii) upon
written notice to Licensee, take and hold the Pipeline and the other Improvements and personal
property as its sole property, without payment or obligation to Licensee therefor, or (iii) specifically
enforce Licensee's obligation to restore and/or pursue any remedy at law or in equity against
Licensee for failure to so restore. Further, if Licensor has consented to the Pipeline and the other
Improvements remaining on the Premises following termination, Licensee shall, upon request by
Licensor, provide a bill of sale in a form acceptable to Licensor conveying the Pipeline and the
other Improvements to Licensor for no additional consideration.
MISCELLANEOUS
25. Successors and Assigns. All provisions contained in this License shall be binding upon, inure to the
benefit of, and be enforceable by the respective successors and assigns of Licensor and Licensee to the
same extent as if each such successor and assign was named a party to this License.
26. Assignment.
26.1 Licensee may not sell, assign, transfer, or hypothecate this License or any right, obligation, or
interest herein (either voluntarily or by operation of law, merger, or otherwise) without the prior
written consent of Licensor, which consent may not be unreasonably withheld or delayed by
Licensor. Any attempted assignment by Licensee in violation of this Section 26 shall be a breach
of this License and, in addition, shall be voidable by Licensor in its sole and absolute discretion.
26.2 For purposes of this Section 26, the word "assign" shall include without limitation (a) any sale of
the equity interests of Licensee following which the equity interest holders of Licensee
immediately prior to such sale own, directly or indirectly, less than 50% of the combined voting
power of the outstanding voting equity interests of Licensee, (b) any sale of all or substantially all
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of the assets of (i) Licensee and (ii) to the extent such entities exist, Licensee's parent and
subsidiaries, taken as a whole, or (c) any reorganization, recapitalization, merger or consolidation
involving Licensee. Notwithstanding the foregoing, any reorganization, recapitalization, merger
or consolidation following which the equity interest holders of Licensee immediately prior to such
reorganization, recapitalization, merger or consolidation own, directly or indirectly, at least 50%
of the combined voting power of the outstanding voting equity interests of Licensee or any
successor thereto or the entity resulting from such reorganization, recapitalization, merger or
consolidation shall not be deemed an assignment. THIS LICENSE SHALL NOT RUN WITH THE
LAND WITHOUT THE EXPRESS WRITTEN CONSENT OF LICENSOR, SUCH CONSENT TO
BE IN LICENSOR'S SOLE DISCRETION.
26.3 Notwithstanding the provisions of Section 26.1 above or anything contained in this License to the
contrary, if Licensee sells, assigns, transfers, or hypothecates this License or any interest herein
in contravention of the provisions of this License (a "Purported Assignment") to another party
(a "Purported Transferee"), the Purported Transferee's enjoyment of the rights and privileges
granted under this License shall be deemed to be the Purported Transferee's agreement to be
bound by all of the terms and provisions of this License, including but not limited to the obligation
to comply with the provisions of Section 15 above concerning insurance requirements. In
addition to and not in limitation of the foregoing, Licensee, for itself, its successors and assigns,
shall indemnify, defend and hold harmless Licensor for all Liabilities of any nature, kind or
description of any person or entity directly or indirectly arising out of, resulting from or related to
(in whole or in part) a Purported Assignment. The provisions of this Section 26.3 shall survive
the expiration or earlier termination of this License.
26.4 Licensor shall have the right to transfer and assign, in whole or in part, all of its rights and
obligations under this License, and upon any such transfer or assignment, Licensor shall be
released from any further obligations hereunder, and Licensee agrees to look solely to the
successor in interest of Licensor for the performance of such obligations.
27. Notices. Any notice, invoice, or other writing required or permitted to be given hereunder by one party to
the other shall be in writing and the same shall be given and shall be deemed to have been served and
given if (i) placed in the United States mail, certified, return receipt requested, or (ii) deposited into the
custody of a nationally recognized overnight delivery service, addressed to the party to be notified at the
address for such party specified below, or to such other address as the party to be notified may designate
by giving the other party no less than thirty (30) days' advance written notice of such change in address.
If to Licensor: Jones Lang LaSalle Brokerage, Inc.
2650 Lou Menk Drive – MOB2
Fort Worth, TX 76131
Attn: Permits/Licenses
with a copy to: BNSF Railway Company
2650 Lou Menk Dr.
Fort Worth, TX 76131
Attn: Senior Manager Real Estate
If to Licensee: City of Cottage Grove
8635 West Point Douglas Road S
Cottage Grove, MN 55016
28. Survival. Neither termination nor expiration will release either party from any liability or obligation under
this License, whether of indemnity or otherwise, resulting from any acts, omissions or events happening
prior to the date of termination or expiration, or, if later, the date when the Pipeline and the other
Improvements are removed and the Restoration Obligations are completed in accordance with the terms
hereof.
29. Recordation. It is understood and agreed that this License shall not be placed or allowed to be placed on
public record.
DocuSign Envelope ID: 260D3FED-F085-4009-AF95-479B25C105A5
Tracking #22W-14254
- 15 - Form 424; Rev. 20200605
30. Applicable Law. All questions concerning the interpretation or application of provisions of this License
shall be decided according to the substantive laws of the State of Texas without regard to conflicts of law
provisions.
31. Severability. To the maximum extent possible, each provision of this License shall be interpreted in such
manner as to be effective and valid under applicable law, but if any provision of this License shall be
prohibited by, or held to be invalid under, applicable law, such provision shall be ineffective solely to the
extent of such prohibition or invalidity, and this shall not invalidate the remainder of such provision or any
other provision of this License.
32. Integration. This License is the full and complete agreement between Licensor and Licensee with respect
to all matters relating to Licensee's use of the Premises, and supersedes any and all other agreements
between the parties hereto relating to Licensee's use of the Premises as described herein. However,
nothing herein is intended to terminate any surviving obligation of Licensee or Licensee's obligation to
defend and hold Licensor harmless in any prior written agreement between the parties.
33. Joint and Several Liability. If Licensee consists of two or more parties, all the covenants and agreements
of Licensee herein contained shall be the joint and several covenants and agreements of such parties.
34. Waiver. The waiver by Licensor of the breach of any provision herein by Licensee shall in no way impair
the right of Licensor to enforce that provision for any subsequent breach thereof.
35. Interpretation.
35.1 This License shall be interpreted in a neutral manner, and not more strongly for or against any
party based upon the source of the draftsmanship; both parties hereby agree that this License
shall not be subject to the principle that a contract would be construed against the party which
drafted the same. Article titles, headings to sections and paragraphs and the table of contents (if
any) are inserted for convenience of reference only and are not intended to be a part or to affect
the meaning or interpretation hereof. The exhibit or exhibits referred to herein shall be construed
with and as an integral part of this License to the same extent as if they were set forth verbatim
herein.
35.2 As used herein, "include", "includes" and "including" are deemed to be followed by "without
limitation" whether or not they are in fact followed by such words or words of like import; "writing",
"written" and comparable terms refer to printing, typing, lithography and other means of
reproducing words in a visible form; references to any person are also to that person's successors
and permitted assigns; "hereof", "herein", "hereunder" and comparable terms refer to the entirety
hereof and not to any particular article, section, or other subdivision hereof or attachment hereto;
references to any gender include references to the masculine or feminine as the context requires;
references to the plural include the singular and vice versa; and references to this License or
other documents are as amended, modified or supplemented from time to time.
36. Counterparts. This License may be executed in multiple counterparts, each of which shall, for all
purposes, be deemed an original but which together shall constitute one and the same instrument, and
the signature pages from any counterpart may be appended to any other counterpart to assemble fully
executed documents, and counterparts of this License may also be exchanged electronically and any
electronic version of any party's signature shall be deemed to be an original signature for all purposes.
37. Licensor's Representative. Jones Lang LaSalle Brokerage, Inc. is acting as representative for BNSF
Railway Company.
END OF PAGE – SIGNATURE PAGE FOLLOWS
DocuSign Envelope ID: 260D3FED-F085-4009-AF95-479B25C105A5
Tracking #22W-14254
- 16 - Form 424; Rev. 20200605
This License has been duly executed by the parties hereto as of the Effective Date.
LICENSOR:
BNSF Railway Company, a Delaware corporation
By: Jones Lang LaSalle Brokerage, Inc.
2650 Lou Menk Drive – MOB2
Fort Worth, TX 76131
By:
By: Patricia Villegas
Title: Vice President, Permits
LICENSEE:
City of Cottage Grove
By:
By:
Title:
DocuSign Envelope ID: 260D3FED-F085-4009-AF95-479B25C105A5
Ryan Burfiend
PW Director/City Engineer
10 3rd St S
Source: Esri, Maxar, Earthstar Geographics, and the GIS UserCommunity
TOWNSHIP & RANGE: 27N 21W MERIDIAN : 4PM
SECTION: 30
DRAWING NO. 84872
JN CSTATE OF MN
COATING:WALL THIC KNESS:SPECIFIC ATIONS / GRADE:PIPE MATERIAL:CONTEN TS:DOMESTIC WATER
CARRIERPIPE
DUCTILE IRONCLASS 520.33"-
SIZE:8"
CASIN GPIPE
STEELSTD0.375"-
24"WORKING PRESSUR E:80 PSI
CARRIERPIPE
LENGTH ON R/W:161'
CASIN GPIPE
161'
DESCRIPTION OF PIPELINEPIPELINE SHOWN BOLD
COORDINATE SYSTEM: MN_S TR ACKING NO. 22W-14254
MAP REF. r50388REVISION 2
NOTE: CASING TO BE INSTALLED BY HORIZONTAL DIRECTIONAL DRILLCOTTAGE GROVECOUNTY OF WASHINGTON
CATHODIC PROTECTIONBURY: R OADWAY DITCHESBURY: N ATURAL GROUND
BURY: BASE/RAIL TO TOPOF CASING 17'8'8'YES
VENTS: N UMBER 0 SIZE - HEIGH T OF VENT ABOVE GROUND -
DATE: 4/25/2024
TWIN CITIES DIV. ST PAUL SU BD IV.L.S. 00 03 MP: 41 7.5 2
1 IN = 200 FTSCALE:
EXHIB IT "A"
³
MP 417.5244.800526, -92.970508
161'36°TO: ST PAUL PARK
T
O
: P
R
E
S
C
O
T
T
221' FROM END OF B RIDGETO UNDERGROU ND PIPE
100'DocuSign Envelope ID: 260D3FED-F085-4009-AF95-479B25C105A5
1
City Council Action Request
7.F.
Meeting Date 5/15/2024
Department Public Works
Agenda Category Action Item
Title Northern Natural Gas – Temporary Construction Easement
Staff Recommendation Enter into a temporary construction easement agreement with
Northern Natural Gas.
Budget Implication N/A
Attachments 1. NNG Temp Construction Easement CC Memo
2. NNG Temp Construction Easement Agreement
To: Honorable Mayor and City Council
Jennifer Levitt, City Administrator
From: Crystal Raleigh, PE, Assistant City Engineer
Date: May 8, 2024
Re: Northern Natural Gas – Temporary Construction Easement
Background/Discussion
In March 2024, Northern Natural Gas informed City Staff of planned maintenance to an existing
natural gas pipeline in Cottage Grove. A section of the pipeline that requires maintenance is
located within Woodridge Park. Northern Natural Gas has a permanent easement over this
pipeline.
The project will require mobilization of equipment and the existing easement is not large
enough for the work required. Northern Natural Gas has requested a larger temporary
construction easement within Woodridge Park to accommodate staging of equipment and an
adequate area for excavation and soil piles. The temporary construction easement area would
be restored upon project completion. The temporary easement would be in place for two years.
Northern Natural Gas has offered a payment of $6,191.62 for the temporary construction
easement.
Recommendation
It is recommended the City Council enter into a temporary construction easement agreement
with Northern Natural Gas.
Attachment:
Temporary Construction Easement
TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES
THIS TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES (“Easement”) is
made, granted and conveyed this _____ day of _____________, 2024, by and between the City of
Cottage Grove, a Minnesota municipal corporation (“City”), and Northern Natural Gas Company
(“Northern”).
WHEREAS, the City owns real property in Washington County, Minnesota, legally
described on Exhibit A attached hereto and incorporated herein, (the “Landowner’s Property”); and
WHEREAS, Northern is working on a project that will require a temporary construction
easement from the City.
NOW THEREFORE, the City in consideration of the sum of One Dollar and other good and
valuable consideration to them in hand paid by Northern, the receipt and sufficiency of which is
hereby acknowledged, does hereby grant and convey unto Northern, its successors and assigns, the
following:
TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION
The City does hereby grant and convey unto Northern, its successors and assigns, the following:
A temporary construction easement for grading, sloping and construction purposes in
accordance with the plans and specifications provided by Northern, and all such
purposes ancillary, incident or related thereto (“Temporary Easement”) under, over,
across, through and upon the real property depicted on Exhibit B (“Temporary
Easement Area”), attached hereto and incorporated herein by reference.
EXEMPT FROM STATE DEED TAX
The rights of Northern also include the right of Northern, its contractors, agents and servants:
(a) To enter upon the Temporary Easement Area at all reasonable times for the purposes
of construction, reconstruction, inspection, repair, replacement, grading, sloping, and
2
restoration relating to the purposes of the Temporary Easement; and
(b) To maintain the Temporary Easement Area, any City improvements and any
underground pipes, conduits, or mains, together with the right to excavate and refill
ditches or trenches for the location of such pipes, conduits or mains; and
(c) To remove from the Temporary Easement Area trees, brush, herbage, aggregate,
undergrowth and other obstructions interfering with the location, construction and
maintenance of the utility pipes, conduits, mains and above ground and below ground
drainage facilities and to deposit earthen material in and upon the Temporary
Easement Area; and
(d) To remove or otherwise dispose of all earth or other material excavated from the
Temporary Easement Area as the Landowner may deem appropriate.
The Temporary Easement shall terminate on October 21, 2025.
Northern shall not be responsible for any costs, expenses, damages, demands, obligations, penalties,
attorneys’ fees and losses resulting from any claims, actions, suits, or proceedings based upon a
release or threat of release of any hazardous substances, petroleum, pollutants, and contaminants
which may have existed on, or which relate to the Temporary Easement Area or the City’s Property
prior to the date hereof.
The City, its successors and assigns, does hereby warrant to and covenant with Northern, its
successors and assigns, that it is well seized in fee of City’s Property described above, the Temporary
Easement Area depicted on Exhibit B and has good right to grant and convey the Temporary
Easement herein to Northern.
Northern agrees to use its best efforts to reduce the impact on the Property and to restore disturbed
areas in the Temporary Easement Area to as good or better condition as it was prior to this
Agreement. Northern further agrees to use its best efforts not to block access to the Property
without prior notice to City.
During the performance of the services under this Easement, Northern shall maintain Commercial
General Liability Insurance, with a limit of $1,500,000 for any number of claims arising out of a
single occurrence.
This Easement is binding upon the heirs, successors, executors, administrators and assigns of the
parties hereto.
This Easement may be executed in any number of counterparts, each of which shall be deemed an
original but all of which shall constitute one and the same instrument.
[Remainder of this page has been intentionally left blank]
3
IN TESTIMONY WHEREOF, the City and Northern have caused this Easement to be
executed as of the day and year first above written.
CITY:
CITY OF COTTAGE GROVE
By:
Myron Bailey
Its Mayor
By:
Tamara Anderson
Its City Clerk
STATE OF MINNESOTA )
) ss
COUNTY OF WASHINGTON )
On this _____ day of _______________, 2024, before me a Notary Public within and for
said County, personally appeared Myron Bailey and Tamara Anderson to me personally known,
who being each by me duly sworn, each did say that they are respectively the Mayor and the City
Clerk of the City of Cottage Grove, the Minnesota municipal corporation named in the foregoing
instrument, and that it was signed on behalf of said municipal corporation by authority of its City
Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed
of said municipal corporation.
Notary Public
4
NORTHERN NATURAL GAS COMPANY
_____________________________________
By:
Its:__________________________________
STATE OF MINNESOTA )
) ss
COUNTY OF )
On this _____ day of _______________, 2024, before me a Notary Public within and for
said County, personally appeared ______________________________, to me personally known,
who being by me duly sworn, did say that he is the_______________ of Northern Natural Gas
Company, a Delaware corporation, and that the foregoing instrument was executed on behalf of
the corporation and acknowledged said instrument is the free act and deed of said corporation.
Notary Public
This instrument drafted by
And after recording, please return to:
Korine Land, #262432
LeVander, Gillen, & Miller, P.A.
1305 Corporate Center Dr., Suite 300
Eagan, MN 55121
(651) 451-1831
A-1
EXHIBIT A
LEGAL DESCRIPTION OF LANDOWNER’S PROPERTY
The South half of the Southwest quarter of Section 15, Township 27, Range 21, except the
following described parcels: The West 990 feet thereof; The East 20 rods thereof; and that part of
the East 690 feet of said South half of Southwest quarter lying West of the East 20 rods of said
South half of the Southwest quarter and North of the South 1180 feet of said South half of
Southwest quarter.
AND
That part of the North half of the West 990 feet of the Southwest quarter of Section 15,
Township 27, Range 21, Washington County, Minnesota, described as commencing at the
Northwest corner of said Southwest quarter; thence South along the West line of said Southwest
quarter a distance of 835 feet to the actual point of beginning of the tract to be described; Thence
East deflecting to the left 90° a distance of 80 feet; thence Southeasterly deflecting to the right
23°15’ a distance of 425.0 feet; thence Southerly deflecting to the right 62° a distance of 249.43
feet; thence Southeasterly deflecting to the left 27°15’ to the South line of said North half of
West 990 feet; thence West along said South line to the West line of said Southwest quarter;
thence North along said West line to the point of beginning, containing 4.60 acres, more or less,
subject to a powerline easement to Northern State Power Company over the West Eighty (80)
feet thereof, and subject to that certain pipeline easement in favor of Northern Natural Gas
Company.
AND
That part of the South Half (S 1/2) of the West Nine hundred ninety (990) feet of the Southwest
Quarter (SW 1/4) of Section Fifteen (15), Township Twenty-seven (27), Range Twenty-one (21),
Washington County, Minnesota, described as commencing at the Southwest corner of said
Southwest Quarter (SW 1/4) a distance of Ten hundred thirty-five (1035) feet to the actual point
of beginning of the tract to be described; thence East deflecting to the right 90° a distance of One
hundred ninety (190) feet; thence Southeasterly deflecting to the right 58° a distance of One
hundred eighty-five (185) feet; thence Northeasterly deflecting to the left 90° a distance of Four
hundred forty-five (445) feet; thence Northwesterly deflecting to the left 90° to the North line of
said South half (S 1/2) of the West Nine hundred ninety (990) feet; thence West along the North
line to the West line of said Southwest Quarter (SW 1/4); thence South along the West line to the
point of beginning, containing 4.62 acres, more or less, subject to an easement to Northern States
Power Company over the West Eighty (80) feet thereof for the construction and maintenance of
electrical transmission lines.
AND
The West 130 feet of the South 333 feet of the East 20 rods of the South half of the Southwest
Quarter of Section 15, Township 27, Range 21, Washington County, Minnesota.
Abstract Property
PID: 1502721340001
B-1
EXHIBIT B
DEPICTION OF TEMPORARY EASEMENT AREA
1
City Council Action Request
7.G.
Meeting Date 5/15/2024
Department Community Development
Agenda Category Action Item
Title Minor Subdivision and Variances at 9670 East Point Douglas Road
South
Staff Recommendation Adopt Resolution 2024-080 approving the minor subdivision dividing
a 10.17-acre parcel of land located at 9670 Kimbro Avenue South
into one 6.086-acre parcel and one 4.086-acre parcel, and
variances to the minimum front width of the new parcel and a 6-foot
setback for the existing driveway.
Budget Implication N/A
Attachments 1. 9670 Kimbro Lot Split and Variances CC Memo
2. 9670 Kimbro Lot Split and Variances Proposed Survey
3. 9670 Kimbro Lot Split and Variances Resolution
TO: Honorable Mayor and City Council
Jennifer Levitt, City Administrator
FROM: Riley Rooney, Associate Planner
DATE: May 8, 2024
RE: Proposed Minor Subdivision and Variance at 9670 East Point Douglas Road South
Proposal
Josh John has applied for a minor subdivision and variance to subdivide a 10.17-acre parcel
located at 9670 Kimbro Avenue South , previously known as the Brown Farm, into two separate
parcels. The applicant has proposed to create a 4.086-acre parcel that would include the existing
house and accessory structures and a 6.086-acre buildable parcel that could support a new home;
and a variance to the City’s minimum lot width at the front property line for the newly created
6.086-acre parcel and a 6-foot setback for the existing driveway.
Location Map
Review Schedule
Application Received: April 3, 2024
Acceptance of Completed Application: April 4, 2024
Planning Commission Meeting: April 22, 2024
60-Day Review Deadline: June 3, 2024
City Council Meeting: May 15, 2024
City Council Staff Report – Case No. MS2024-011 & V2024-011
Brown Farm Subdivision
May 8, 2024
Page 2 of 7
Planning Commission Meeting
The Planning Commission reviewed the Minor Subdivision and Variance requests at their April
22, 2024, meeting. The Commission asked for clarification on the following:
• Why the driveway needed to be located on the proposed new parcel (2C)?
o Staff clarified that the property owner is proposing a shared access driveway located
on Parcel 2C which would provide access to the existing lot, Parcel 2D, as a second
access off Kimbro Avenue would not be permitted.
• If there would be a private driveway maintenance agreement between the two properties?
o Staff noted that a private driveway maintenance agreement would be required to be
recorded against the two properties prior to issuance of a new home building permit
on the proposed 6-acre parcel (2C).
No residents participated in the public hearing. The Planning Commission unanimously (7-to-0)
recommended the approval of the application.
Planning Considerations
History
In 2017, the parcel was part of the Brown Farm Division Plat (Lot 2, Block 1), which consisted of
an approximate 17.33-acre parcel. The parcel included a small triangle piece on the east side of
Kimbro (Outlot A), a 2-acre strip of land on the west side of the property (Outlot B), two residences,
and multiple agricultural structures. The final plat for the Brown Farm Division was approved in
2017 (Planning Case No. PP2017-001 and FP2017-007) that created two parcels. Each of the
new parcels of the plat included one of the residences. Outlot A and Outlot B were purchased by
the City and deeded to Washington County, transferring ownership. Outlot B was later incorpo-
rated as part of the Cottage Grove Ravine Regional Park.
2017 Brown Farm Division Plat
City Council Staff Report – Case No. MS2024-011 & V2024-011
Brown Farm Subdivision
May 8, 2024
Page 3 of 7
In 2019, the applicant applied for a minor subdivision and variance to split the 10.17-acre parcel
into two separate parcels: one 3.01-acre newly created parcel and one 7.16-acre parcel to include
the existing single-family residential home as well as a variance to the City’s minimum lot width at
the front property line. The minor subdivision and variance application were approved by the City
Council on May 18, 2019 (Planning Case No. MS2019-015 and V2019-016). However, the appli-
cant never finalized the lot split with recorded deeds at Washington County.
City Code Title (11-2-12) states that the approval of a variance lapses and becomes null and void
one (1) year following the date of approval if no work or improvement is completed on site. Without
the finalization of the lot split with Washington County, the variance became null and void in May
of 2020.
The changed layout of the proposed lot split on the property requires the applicant to resubmit a
new minor subdivision and variance application for the amended site layout. Therefore, the appli-
cant is requesting approvals for a second time for both a revised minor subdivision and variance.
2019 Site Survey 2024 Proposed Site Survey
Property Characteristics
The current parcel contains a single-family residence that will remain after the proposed land
subdivision. The northeast corner of the parcel is relatively flat while on the west and south areas
of the property the topography slopes downward and is densely wooded. An existing drainage
and utility easement extends across the southeast corner of the parcel and ties into the Stewart
Addition plat. The south and west property lines are densely wooded, and the current property
owner would like to maintain much of those areas.
Variance
The proposed lot configuration would create a new parcel with less than the minimum 180 -foot lot
width requirement. The 6.086-acre parcel would have a reduced width of 92 feet, which is the
same width proposed in 2019. As part of the review in 2019, it was noted that no additional access
points are permitted off Kimbro Avenue. With that, the property owner proposed moving the ac-
cess to the north property line to provide shared access for the existing residential property and
City Council Staff Report – Case No. MS2024-011 & V2024-011
Brown Farm Subdivision
May 8, 2024
Page 4 of 7
the proposed new lot. After the 2019 approvals, the driveway was moved to the north of the site ,
6-feet off the property line, to avoid impacts to existing mature trees onsite. Today, the applicant
plans to use the existing access to allow for shared access and will need to execute a private
driveway agreement to be recorded against both properties.
2013 Photo April-May 2023 Photo
Findings
The findings of fact for a favorable recommendation that were considered during the review are
identified as follows:
A. The topography of the site to the south includes steep slopes and is densely wooded.
B. Using frontage to the south of the existing residence for a new parcel would require tree re -
moval and additional grading to allow access and creation of an acceptable building site.
C. By utilizing frontage on the north side of the existing structure, grading and tree removal would
be avoided.
D. The proposed location allows for a shared access as no additional access points are permitted
off Kimbro Avenue.
Land Use
The future land use for this property is designated as Rural Residential per the 2040 Comprehen-
sive Plan. The East Ravine Master Plan identifies that this area and the areas to the north and
south along Kimbro Avenue should allow the existing natural open spaces a nd features to guide
placement of residential growth. These areas would continue to have access to the existing park
and open space via an extensive trail system throughout the East Ravine. The East Ravine Master
Plan also indicates future lots sizes would be flexible depending on the existing topography. The
proposed request is consistent with the land use plan designation.
Zoning
The property is zoned R-1, Rural Residential, which has a minimum lot size of three acres. The
proposed request is consistent with the zoning classification. The proposed property lines meet
City Council Staff Report – Case No. MS2024-011 & V2024-011
Brown Farm Subdivision
May 8, 2024
Page 5 of 7
the required setbacks from existing structures on the John property, including 25 feet from side
property lines and 50 feet from rear property lines. Any new structure proposed on the 6.086-acre
parcel would be required to meet all appropriate setbacks as well. This would be reviewed as a
part of the building permit process.
Transportation Access and Right-of-Way
Kimbro Avenue is designated as a Major Collector Roadway in the 2040 Comprehensive Plan.
The existing parcel currently has access off Kimbro Avenue on the north end of the parcel. A
condition of approval for the Brown Farm Division plat approved in 2019 prohibited any additional
access points off Kimbro Avenue. The required 40-foot right-of-way for Kimbro Avenue was ob-
tained as a part of the 2017 Brown Farm Division for future growth in this area as necessary to
accommodate future capacity; therefore, no additional ROW dedication is required.
Utilities and Stormwater Management
The subject property is not located within the Metropolitan Urban Service Area (MUSA) and no
public utilities are available for connection. The existing residence is currently served by a private
well and septic system. A newly constructed residence on the 6.086-acre parcel would also be
served by a private well and an individual sanitary treatment system (ISTS); therefore, no water
or sanitary area charges are required as a part of this lot minor subdivision . Primary and alternate
ISTS sites would be required to be identified on the proposed 6.086-acre site prior to the issuance
of a building permit. The minimum acreage for property having an ISTS is 1.5 acres.
The proposed lot split has been evaluated for division to evaluate any drainage issues that should
be addressed. The drainage and utility easement that was secured as a part of the 2017 Brown
Farm Division is located at the bottom of the ravine in the sout heast corner allowing the City
access if necessary.
Park Dedication
State Statute and the City’s Subdivision Ordinance allow the City the ability to require the dedica -
tion of land up to 10 percent of the property for public parkland purposes. If no land dedication is
required, a cash payment in lieu of land dedication is required.
The 10.17-acre parcel abuts the Cottage Grove Ravine Regional Park. As a part of the Brown
Farm Division plat in 2017, the City deducted the storm water facility area charge owed for both
lots in exchange for two acres along the westerly property line, which w ere added to the County
Park system. The applicant for this minor subdivision is not proposing to dedicate land in lieu of
the 2024 park dedication fee, which is $4,600, therefore, one lot fee is required.
Number of lots Total due prior to building permit approval
Park dedication fee (per lot) –
$4,600.00 1 $4,600.00
City Council Staff Report – Case No. MS2024-011 & V2024-011
Brown Farm Subdivision
May 8, 2024
Page 6 of 7
Drainage and Utility Easement Area on John Property
Stewart Addition to the South – Utility Easement Area
No grading is proposed as a part of the subdivision , although at such time a new home building
permit is proposed, a grading plan and grading permit would be required. Existing surface water
drainage patterns are not proposed to be impacted.
The City is requiring payment of the storm water facility charge for the 6-acre parcel. The 2024
storm water facility area charge rate is $7,730.00 per acre. This rate would be collected prior to
the recording of any deeds finalizing the lot split and is calculated based on the City’s Rural
Friendly approach.
City Council Staff Report – Case No. MS2024-011 & V2024-011
Brown Farm Subdivision
May 8, 2024
Page 7 of 7
Acres Total due prior to recording of any deeds
Storm Sewer Area Charge – $7,730.00 per
acre 2.4 $18,552
Public Hearing Notices
The public hearing notice was mailed to 9 property owners within 500 feet of the proposed minor
subdivision and published in the South Washington County Bulletin on April 10, 2024.
Recommendation
That the City Council adopt Resolution 2024-080 approving the minor subdivision dividing a 10.17-
acre parcel of land located at 9670 Kimbro Avenue South (PIN 23.027.21.31.0006) into one 6.086-
acre parcel and one 4.086-acre parcel and variances to the minimum front width of a new parcel
and a 6-foot setback for the existing driveway.
Attachment:
Exhibit A – Survey
CITY OF COTTAGE GROVE, MINNESOTA
CITY COUNCIL
RESOLUTION 2024-080
A RESOLUTION APPROVING A MINOR SUBDIVISION TO SUBDIVIDE
A 10.17-ACRE PARCEL OF LAND LOCATED AT 9670 KIMBRO AVENUE SOUTH
AND VARIANCES TO THE MINIMUM FRONT WIDTH OF A NEW PARCEL AND
A 6-FOOT SETBACK FOR THE EXISTING DRIVEWAY
WHEREAS, Joshua John applied for a minor subdivision to subdivide 10.17-acre parcel of
land into one 6.086-acre parcel and one 4.086-acre parcel; a variance to the minimum front width
of a new parcel; and a variance to the 6-foot setback for the existing driveway, for the property
legally described below:
Lot 2, Block 1, Brown Farm Division, Cottage Grove, Washington County, State of
Minnesota.
Commonly known as 9670 Kimbro Avenue South, Cottage Grove, Washington County,
State of Minnesota.
WHEREAS, public hearing notices were mailed to property owners within 500 feet of the
property and a public hearing notice was published in the St. Paul Pioneer Press; and
WHEREAS, a planning staff report, which detailed specific information on the property and
the application request, was prepared and presented; and
WHEREAS, the public hearing was open for public testimony. No public testimony was
received. The applicant attended the public hearing and staff answered questions from the Plan -
ning Commission; and
WHEREAS, the Planning Commission unanimously (7-to-0 vote) recommended that the
City Council approve the minor subdivision at 9670 Kimbro Avenue South into two separate par-
cels and a variance to the minimum front width of a new parcel and a 6-foot setback for the existing
driveway at their April 22, 2024, meeting.
NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Cottage Grove,
Washington County, Minnesota, hereby approves the minor subdivision dividing a 10.17-acre par-
cel of land into one 6.086-acre parcel and one 4.086-acre parcel, a variance to the minimum front
width of a new parcel and a variance to the 6-foot setback for the existing driveway on the parcel
legally described above.
BE IT FURTHER RESOLVED, granting the variances to the minimum front width of the
new parcel and to the setback for the existing driveway is based on the following findings of fact:
A. The topography of the site to the south includes steep slopes and is densely wooded.
B. Using frontage to the south of the existing residence for a new parcel would require tree
removal and additional grading to allow access and creation of an acceptable building
site.
C. By utilizing frontage on the north side of the existing structure, grading, and tree removal
would be avoided.
City of Cottage Grove, Minnesota
City Council Resolution 2024-080
Page 2 of 3
D. The proposed location allows for a shared access as no additional access points are
permitted off Kimbro Avenue.
BE IT FURTHER RESOLVED, approval of the minor subdivision and variances is subject to
the conditions below:
1) A shared access drive will be required onto Kimbro Avenue from Parcels 2C and 2D
with a recorded shared access agreement. No additional access drives are
permitted.
2) Any lawn irrigation placed within the Kimbro Avenue public right -of-way shall be the
homeowners’ responsibility if repair or maintenance is required.
3) Stormwater area charges in the amount of $18,552.00 shall be paid to the City of
Cottage Grove. Payment must be made to the City prior to recording the deeds
creating the lots with Washington County.
4) The park dedication fee in lieu of land dedication amounting to the annual rate
applicable at the time of building permit (currently $4,600.00/unit) shall be paid to
the City for Parcel 2C prior to the release of a building permit.
5) All applicable permits (i.e., building, electrical, grading, and mechanical) for the con-
struction of a house on the parcel(s) must be completed, submitted, and approved by
the City before any construction activities begin. Detailed construction plans must be
reviewed and approved by the Building Official and Fire Marshal.
6) A private driveway agreement must be recorded against both properties prior to
issuance of a new home building permit on Parcel 2C.
7) The minimum setbacks for the principal structure shall be those found in the R -1
zoning criteria.
8) A certificate of survey is required with the building permit for Parcel 2C.
9) An as-built survey shall be required prior to a certificate of occupancy for Parcel 2C.
10) Grading and erosion control measures meeting City standards and grading permit
shall be utilized during construction on Parcel 2C.
11) Prior to the issuance of a certificate of occupancy for Parcel 2C, all disturbed areas
shall be sodded or have ground cover established to the satisfaction of the City
Engineer.
12) If the City Engineer determines that any additional drainage easements are neces -
sary to direct off-site runoff onto or across the subject property, the property owner
is required to dedicate such easements without cost to the City as recommended
by the City Engineer.
City of Cottage Grove, Minnesota
City Council Resolution 2024-080
Page 3 of 3
Passed this 15th day of May 2024.
Myron Bailey, Mayor
Attest:
Tamara Anderson, City Clerk
1
City Council Action Request
7.H.
Meeting Date 5/15/2024
Department Public Works
Agenda Category Action Item
Title Gerber Collision – Approve Easement and Encroachment
Agreements
Staff Recommendation Approve the Easement and Enchroachment Agreements with
Gerber Collision.
Budget Implication N/A
Attachments 1. Gerber Easement Encroachment CC Memo
2. Gerber Encroachment Agreement - Lights
3. Gerber Encroachment Agreement - Landscaping
4. Gerber Permanent Drainage and Utility Easement Agreement
To: Honorable Mayor and City Council
Jennifer Levitt, City Administrator
From: Crystal Raleigh, PE, Assistant City Engineer
Date: May 8, 2024
Re: Gerber Collision – Approve Easement and Encroachment Agreements
Background/Discussion
On February 21, 2024 the City Council approved a site plan review and conditional use permit for
the proposed Gerber Collision site located at 7300 West Point Douglas Road . The approval was
conditioned on completion of the site and building plans and City Engineer approval of a grading
permit for the site.
In development of the plans, it was discovered that an existing City storm sewer pipe is located
on the property that is not in an existing easement, limiting the ability of the City to perform mainte-
nance on the pipe if needed in the future. Staff requested that the developer convey a drainage
and utility easement for this existing infrastructure.
In addition, the site plan for the proposed development shows a corner of the proposed parking
lot, proposed private storm sewer infrastructure, and proposed landscaping encroaching into this
easement area.
The developer is also proposing a light pole encroachment into an existing easement across the
front of the development parcel.
Staff is comfortable with developer’s encroachments into the City easements if the developer en-
ters into an encroachment agreement for each location, ensuring the landowner is responsible for
all costs related to maintenance of the improvements and costs associated with any interference
with the City’s need to inspect, repair, remove, or replace its infrastructure located within these
easement areas.
Recommendation
It is recommended the City Council approve the Easement and Encroachment Agreements with
Gerber Collision.
Attachments:
• Encroachment Agreement for a Light Pole
• Encroachment Agreement for Landscaping and other Improvements
• Permanent Drainage and Utility Easement
1
ENCROACHMENT AGREEMENT FOR A LIGHT POLE IN A CITY EASEMENT
AT 7300 WEST POINT DOUGLAS ROAD SOUTH
IN THE CITY OF COTTAGE GROVE,
WASHINGTON COUNTY, MINNESOTA
THIS AGREEMENT (“Agreement”) is made, entered into and effective this _____ day of
_______, 2024, by and among the City of Cottage Grove, a Minnesota municipal corporation and
Gerber Collision (Midwest) Inc. d/b/a Gerber Collision & Glass, a Delaware corporation. Subject
to the terms and conditions hereafter stated and based on the representations, warranties,
covenants, agreements and recitals of the parties herein contained, the parties do hereby agree as
follows:
ARTICLE 1
DEFINITIONS
1.1 Terms. The following terms, unless elsewhere specifically defined herein, shall
have the following meanings as set forth below.
1.2 City. “City” means the City of Cottage Grove, a Minnesota municipal corporation.
1.3 Landowner. “Landowner” means Gerber Collision & Glass, Inc., d/b/a Gerber
Collision (Midwest) Inc., a Delaware corporation, and their successors and assigns in interest with
respect to the Subject Lot.
1.4 Responsible Owner. Responsible Owner means, jointly and severally, each and all
of the following:
2
The fee title owners of Outlot A, Cottage Grove Woods 2nd Addition.
1.5 Encroachment Property. “Encroachment Property” means the following real
property located in the City of Cottage Grove, Washington County, Minnesota:
Outlot A, Cottage Grove Woods 2nd Addition
1.6 City Easement. “City Easement” means the Street & Utility Easement recorded as
Document Number 411038 in Washington County Property Records, recorded against the
Encroachment Property.
1.7 Landowner Improvements. “Landowner Improvements” means Landowner’s light
pole and improvements related thereto.
1.8 City Easement Improvements. “City Improvements” means a stormwater pipe and
related City improvements that are located within the City Easement.
1.9 Utility Costs. “Utility Costs” means all costs incurred by the City, (whether
performed by the City or its agents or contractors), for the inspection of and access to and repair,
maintenance and replacement of the City’s Easement Improvements located in the City Easement
and the placement of additional City Easement Improvements in the City Easement. Utility Costs,
include, without limitation: excavation costs, labor costs, costs of removing fill, costs of re-burying
the City Easement Improvements, re-compacting the soils over the City Easement Improvements,
restoring the City Easement area, and all engineering and attorneys’ fees incurred in connection
therewith. Utility Costs also include the costs of temporarily removing the Landowner
Improvements and subsequently replacing the Landowner Improvements in the City Easement, if
such costs have not already been paid by the Responsible Owner.
1.10 Pre-Encroachment Costs. “Pre-Encroachment Costs” means a reasonable estimate
by the City of the costs the City would have incurred for Utility Costs if the Landowner
Improvements did not exist.
1.11 Cost Differential. “Cost Differential” means the difference between the Pre-
Encroachment Costs and the Utility Costs in light of the existence of the Landowner
Improvements. The City’s determination of the amount of the Cost Differential shall be binding
on the Responsible Owner. The City’s determination shall be appropriately supported by cost
estimates obtained from independent contractors or engineers.
ARTICLE 2
RECITALS
Recital No. 1. Landowner owns the Encroachment Property.
3
Recital No. 2. The Encroachment Property is being developed with an auto repair
center, parking lot and related improvements.
Recital No. 3. The City Easement is within the Encroachment Property.
Recital No. 4. Landowner desires to locate a portion of the Landowner Improvements
within the City Easement, as identified on the approved Construction Plans on file with the City
and as depicted on Exhibit A.
Recital No. 5. Subject to the terms of this Agreement, the City is willing to allow the
Landowner Improvements to be placed within the City Easement if the following conditions are
met:
(a) The Responsible Owner maintains the Landowner Improvements.
(b) The Responsible Owner agrees to pay the City any Cost Differential relating to inspections,
access, repair, maintenance and replacement of City Easement Improvements and the
placement of any additional City Easement Improvements in the City Easement.
(c) The Responsible Owner agrees to temporarily remove the Landowner Improvements in the
event the City has need to access the area where the Landowner Improvements exist in
order for the City to inspect, repair, maintain, and replace the City Easement Improvements
or construct additional City Easement Improvements in the City Easement.
(d) The Responsible Owner does not expand the portion of the Landowner Improvements that
are located within the City Easement.
Recital No. 6. Because Landowner currently owns all the Encroachment Property,
Landowner is currently the only Responsible Owner.
ARTICLE 3
AGREEMENTS
3.1 Construction and Maintenance of Landowner Improvements. Under the terms and
conditions stated herein, Landowner, at its own cost, is hereby authorized by the City to make the
Landowner Improvements in the City Easement. The Landowner Improvements shall only be
placed at the locations specified in the Construction Plans approved by the City. The Landowner
Improvements must be constructed according to the Construction Plan.
Landowner and the Responsible Owner shall not place any other structures, retaining walls,
irrigation systems, buildings, fences, above or underground utilities, or any other obstructions
within the City Easement, except for the Landowner Improvements.
4
3.2 City Not Responsible for Landowner Improvements. Nothing contained herein
shall be deemed an assumption by the City of any responsibility for construction, maintenance,
replacement or repair of the Landowner Improvements.
3.3 Continuing Right to City Easement. Nothing contained herein shall be deemed a
waiver or abandonment or transfer of the right, title and interest that the City holds to the City
Easement.
3.4 Subordinate Position Of Landowner Improvements. The Landowner
Improvements are subordinate to the rights of the City in the City Easement and in the City
Easement Improvements.
3.5 Risk of Loss. Landowner and the Responsible Owner understand and agree that
the Landowner Improvements within the City Easement may be adversely affected by damage
caused to Landowner Improvements arising out of the City’s use of the City Easement. The
parties agree that the City is not responsible for such events; the City shall have no liability to
Landowner or the Responsible Owner for such events. Landowner and the Responsible Owner
assume the risk of installing the Landowner Improvements in an area where the City Easement
Improvements exist.
3.6 Landowner to Bear Cost of Relocating Landowner Improvements. The City is
responsible for the repair and maintenance of the City Easement Improvements in the City
Easement. The City may require the Responsible Owner at the expense of the Responsible Owner
to temporarily remove and subsequently replace the Landowner Improvements in the City
Easement in order for the City to gain access to the City Easement Improvements for the purpose
of inspecting, repairing, maintaining, or replacing the City Improvements or adding future City
Easement Improvements. If the Responsible Owner does not perform such tasks, the City may
perform such tasks and in such case the Responsible Owner shall reimburse the City for the City’s
costs and expenses. Prior to commencing such tasks, the City shall send a notice to the Responsible
Owner and allow the Responsible Owner twenty (20) days from the date of the written notice to
perform the tasks. If the Responsible Owner has not completed the work within the twenty (20)
days, then the City may proceed to perform the tasks. Once the City’s costs and expenses have
been determined by the City, the City shall send an invoice for such costs and expenses to the
Responsible Owner. The Responsible Owner must pay the invoice within thirty (30) days after
the date of the invoice. Such costs and expenses include, but are not limited to, costs charged the
City by third parties such as contractors as well as the costs for City personnel that may have
performed the work. Bills not paid shall incur the standard penalty and interest established by the
City for utility billings within the City. The charges shall be divided equally among the
Encroachment Property.
3.7 Emergency. Notwithstanding the requirements contained in Sections 3.6 relating
to a twenty (20) day written notice to the Responsible Owner to perform its obligations under
Sections 3.6, the City shall not be required to give such notice if the City’s engineer dete rmines
that an emergency exists. In such instance, the City, without giving notice to the Responsible
Owner may perform the work and, in such case, the Responsible Owner shall reimburse the City
5
for the costs and expenses relating to the work. Once the City’s costs and expenses have been
determined by the City, the City shall send an invoice for such costs and expenses to the
Responsible Owner. The Responsible Owner must pay the invoice within thirty (30) days after
the date of the invoice. Such costs and expenses include, but are not limited to, costs charged the
City by third parties such as contractors as well as the costs for City personnel that may have
performed the work. Bills not paid shall incur the standard penalty and interest established by the
City for utility bills within the City. The charges shall be divided equally among the Encroachment
Property.
3.8 Cost Deferential. If a Cost Deferential occurs relating to the access to or inspection,
maintenance, repair or replacement of the City Easement Improvements or relating to construction
of new City Easement Improvements in the future, then the Responsible Owner shall pay the Cost
Deferential to the City. The Responsible Owner must make payment for the Cost Deferential
within 30 days after the City has sent a written invoice for the Cost Deferential to the Responsible
Owner.
3.9 Remedies. If the Responsible Owner fails to perform its obligations under this
Agreement, then the City may avail itself of any remedy afforded by law or in equity and any of
the following non-exclusive remedies:
(a) The City may specifically enforce this Agreement.
(b) If Responsible Owner fails to make payments under Section 3.6, 3.7 or 3.8, then the City
may certify to Washington County the amounts due as payable with the real estate taxes
for the Encroachment Property in the next calendar year; such certifications may be made
under Minnesota Statutes, Chapter 444 in a manner similar to certifications for unpaid
utility bills. The charges shall be evenly allocated among the Encroachment Property. The
Responsible Owner waives any and all procedural and substantive objections to the
imposition of such usual and customary charges on the Encroachment Property.
Further, as an alternate means of collection, if the written billing is not paid by the
Responsible Owner, the City, without notice and without hearing, may specially assess the
Encroachment Property for the costs and expenses incurred by the City. The Responsible
Owner hereby waives any and all procedural and substantive objections to special
assessments for the costs including, but not limited to, notice and hearing requirements and
any claims that the charges or special assessments exceed the benefit to the Encroachment
Property. The Responsible Owner waives any appeal rights otherwise available pursuant
to Minnesota Statute § 429.081. The Responsible Owner acknowledges that the benefit
from the performance of tasks by the City equals or exceeds the amount of the charges and
assessments for the costs that are being imposed hereunder upon the Encroachment
Property.
No remedy herein conferred upon or reserved to the City shall be exclusive of any other
available remedy or remedies, but each and every such remedy shall be cumulative and
shall be in addition to every other remedy given under this Agreement or now or hereafter
6
existing at law or in equity or by statute. No delay or omission to exercise any right or
power accruing upon any default shall impair any such right or power or shall be construed
to be a waiver thereof, but any such right and power may be exercised from time to time
and as often as may be deemed expedient.
3.10 Indemnification. The Responsible Owner shall indemnify, defend and hold the
City, its council, agents, consultants, attorneys, employees and representatives harmless against
and in respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses,
obligations, liabilities, damages, recoveries, and deficiencies including interest, penalties and
attorneys’ fees, that the City incurs or suffers, which arise out of, result from or relate to any of the
following:
(a) The Landowner Improvements;
(b) Installation and maintenance of the Landowners Improvements;
(c) Failure by the Responsible Owner to observe or perform any covenant, condition,
obligation or agreement on their part to be observed or performed under this Agreement;
and
(d) Use of the City Easement for Landowner Improvements.
3.11 City Duties. Nothing contained in this Agreement shall be considered an
affirmative duty upon the City to perform the Responsible Owner’s obligations contained in
Article 3 if the Responsible Owner does not perform such obligations.
3.12 No Third-Party Recourse. Third parties shall have no recourse against the City
under this Agreement.
3.13 Recording. The Responsible Owner shall record this Agreement with the
Washington County Recorder against the Encroachment Property and within 30 days after the date
of this Agreement, the Responsible Owner shall present evidence to the City that this Agreement
has been recorded.
3.14 Binding Agreement. The parties mutually recognize and agree that all terms and
conditions of this recordable Agreement shall run with the Encroachment Property and shall be
binding upon the heirs, successors, administrators and assigns of the parties. The obligations of
the Responsible Owner contained in this Agreement are joint and several.
3.15 Amendment and Waiver. The parties hereto may by mutual written agreement
amend this Agreement in any respect. Any party hereto may extend the time for the performance
of any of the obligations of another, waive any inaccuracies in representations by another contained
in this Agreement or in any document delivered pursuant hereto which inaccuracies would
otherwise constitute a breach of this Agreement, waive compliance by another with any of the
covenants contained in this Agreement and performance of any obligations by the other or waive
7
the fulfillment of any condition that is precedent to the performance by the party so waiving of any
of its obligations under this Agreement. Any agreement on the part of any party for any such
amendment, extension or waiver must be in writing. No waiver of any of the provisions of this
Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not
similar, nor shall any waiver constitute a continuing waiver.
3.16 Governing Law. This Agreement shall be governed by and construed in accord
with the laws of the State of Minnesota.
3.17 Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original, but all of which shall constitute one and the same
instrument.
3.18 Headings. The subject headings of the sections this Agreement are included for
purposes of convenience only and shall not affect the construction of interpretation of any of its
provisions.
[The remainder of this page has been intentionally left blank.]
8
IN WITNESS WHEREOF, the parties hereto have caused this document to be executed as
of the day and year first above written.
CITY:
CITY OF COTTAGE GROVE
By:
Myron Bailey
Its Mayor
By:
Tamara Anderson
Its City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
On this day of , 2024, before me a Notary Public within and
for said County, personally appeared Myron Bailey and Tamara Anderson to me personally known,
who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk
of the City of Cottage Grove, the municipality named in the foregoing instrument, and that the said
instrument was signed on behalf of said municipality by authority of its City Council and said Mayor
and City Clerk acknowledged said instrument to be the free act and deed of said municipality.
Notary Public
9
LANDOWNER:
GERBER COLLISION (MIDWEST) INC. d/b/a GERBER COLLISION & GLASS
By:
Its
STATE OF )
) ss.
COUNTY OF __________________ )
On this _____ day of , 2024, before me a Notary Public within and
for said County, personally appeared ______________________ to me personally known, who
being by me duly sworn, did say that he is the ___________________________ of Gerber Collision
(Midwest) Inc. d/b/a Gerber Collision & Glass, a Delaware corporation, the entity named in the
foregoing instrument, and that said instrument was signed on behalf of said corporation.
Notary Public
This instrument drafted by
and after recording, please return to:
Korine L. Land (#262432)
LeVander, Gillen & Miller, P.A.
1305 Corporate Center Dr Suite 300
Eagan, MN 55121
A-1
EXHIBIT A
DEPICTION OF LANDOWNER IMPROVEMENTS
1
ENCROACHMENT AGREEMENT FOR LANDSCAPING AND OTHER
IMPROVEMENTS LOCATED IN A CITY EASEMENT
AT 7300 WEST POINT DOUGLAS ROAD SOUTH
IN THE CITY OF COTTAGE GROVE,
WASHINGTON COUNTY, MINNESOTA
THIS AGREEMENT (“Agreement”) is made, entered into and effective this _____ day of
_______, 2024, by and among the City of Cottage Grove, a Minnesota municipal corporation and
Gerber Collision (Midwest) Inc. d/b/a Gerber Collision & Glass, a Delaware corporation. Subject
to the terms and conditions hereafter stated and based on the representations, warranties,
covenants, agreements and recitals of the parties herein contained, the parties do hereby agree as
follows:
ARTICLE 1
DEFINITIONS
1.1 Terms. The following terms, unless elsewhere specifically defined herein, shall
have the following meanings as set forth below.
1.2 City. “City” means the City of Cottage Grove, a Minnesota municipal corporation.
1.3 Landowner. “Landowner” means Gerber Collision & Glass, Inc., d/b/a Gerber
Collision (Midwest) Inc., a Delaware corporation, and their successors and assigns in interest with
respect to the Subject Lot.
1.4 Responsible Owner. Responsible Owner means, jointly and severally, each and all
of the following:
2
The fee title owners of Outlot A, Cottage Grove Woods 2nd Addition.
1.5 Encroachment Property. “Encroachment Property” means the following real
property located in the City of Cottage Grove, Washington County, Minnesota:
Outlot A, Cottage Grove Woods 2nd Addition
1.6 City Easement. “City Easement” means the Permanent Drainage and Utility
Easement recorded in Washington County Property Records as Document Number
, recorded against the Encroachment Property.
1.7 Landowner Improvements. “Landowner Improvements” means Landowner’s
parking lot, fence, landscaping and storm sewer and improvements related thereto.
1.8 City Easement Improvements. “City Improvements” means a stormwater pipe and
related City improvements that are located within the City Easement.
1.9 Utility Costs. “Utility Costs” means all costs incurred by the City, (whether
performed by the City or its agents or contractors), for the inspection of and access to and repair,
maintenance and replacement of the City’s Easement Improvements located in the City Easement
and the placement of additional City Easement Improvements in the City Easement. Utility Costs,
include, without limitation: excavation costs, labor costs, costs of removing fill, costs of re-burying
the City Easement Improvements, re-compacting the soils over the City Easement Improvements,
restoring the City Easement area, and all engineering and attorneys’ fees incurred in connection
therewith. Utility Costs also include the costs of temporarily removing the Landowner
Improvements and subsequently replacing the Landowner Improvements in the City Easement, if
such costs have not already been paid by the Responsible Owner.
1.10 Pre-Encroachment Costs. “Pre-Encroachment Costs” means a reasonable estimate
by the City of the costs the City would have incurred for Utility Costs if the Landowner
Improvements did not exist.
1.11 Cost Differential. “Cost Differential” means the difference between the Pre-
Encroachment Costs and the Utility Costs in light of the existence of the Landowner
Improvements. The City’s determination of the amount of the Cost Differential shall be binding
on the Responsible Owner. The City’s determination shall be appropriately supported by cost
estimates obtained from independent contractors or engineers.
ARTICLE 2
RECITALS
Recital No. 1. Landowner owns the Encroachment Property.
Recital No. 2. The Encroachment Property is being developed with an auto repair
center, parking lot and related improvements.
3
Recital No. 3. The City Easement is within the Encroachment Property.
Recital No. 4. Landowner desires to locate a portion of the Landowner Improvements
within the City Easement, as identified on the approved Construction Plans on file with the City
and as depicted on Exhibit A.
Recital No. 5. Subject to the terms of this Agreement, the City is willing to allow the
Landowner Improvements to be placed within the City Easement if the following conditions are
met:
(a) The Responsible Owner maintains the Landowner Improvements.
(b) The Responsible Owner agrees to pay the City any Cost Differential relating to inspections,
access, repair, maintenance and replacement of City Easement Improvements and the
placement of any additional City Easement Improvements in the City Easement.
(c) The Responsible Owner agrees to temporarily remove the Landowner Improvements in the
event the City has need to access the area where the Landowner Improvements exist in
order for the City to inspect, repair, maintain, and replace the City Easement Improvements
or construct additional City Easement Improvements in the City Easement.
(d) The Responsible Owner does not expand the portion of the Landowner Improvements that
are located within the City Easement.
Recital No. 6. Because Landowner currently owns all the Encroachment Property,
Landowner is currently the only Responsible Owner.
ARTICLE 3
AGREEMENTS
3.1 Construction and Maintenance of Landowner Improvements. Under the terms and
conditions stated herein, Landowner, at its own cost, is hereby authorized by the City to make the
Landowner Improvements in the City Easement. The Landowner Improvements shall only be
placed at the locations specified in the Construction Plans approved by the City. The Landowner
Improvements must be constructed according to the Construction Plan.
Landowner and the Responsible Owner shall not place any other structures, retaining walls,
irrigation systems, buildings, fences, above or underground utilities, or any other obstructions
within the City Easement, except for the Landowner Improvements.
3.2 City Not Responsible for Landowner Improvements. Nothing contained herein
shall be deemed an assumption by the City of any responsibility for construction, maintenance,
replacement or repair of the Landowner Improvements.
4
3.3 Continuing Right to City Easement. Nothing contained herein shall be deemed a
waiver or abandonment or transfer of the right, title and interest that the City holds to the City
Easement.
3.4 Subordinate Position Of Landowner Improvements. The Landowner
Improvements are subordinate to the rights of the City in the City Easement and in the City
Easement Improvements.
3.5 Risk of Loss. Landowner and the Responsible Owner understand and agree that
the Landowner Improvements within the City Easement may be adversely affected by damage
caused to Landowner Improvements arising out of the City’s use of the City Easement. The
parties agree that the City is not responsible for such events; the City shall have no liability to
Landowner or the Responsible Owner for such events. Landowner and the Responsible Owner
assume the risk of installing the Landowner Improvements in an area where the City Easement
Improvements exist.
3.6 Landowner to Bear Cost of Relocating Landowner Improvements. The City is
responsible for the repair and maintenance of the City Easement Improvements in the City
Easement. The City may require the Responsible Owner at the expense of the Responsible Owner
to temporarily remove and subsequently replace the Landowner Improvements in the City
Easement in order for the City to gain access to the City Easement Improvements for the purpose
of inspecting, repairing, maintaining, or replacing the City Improvements or adding future City
Easement Improvements. If the Responsible Owner does not perform such tasks, the City may
perform such tasks and in such case the Responsible Owner shall reimburse the City for the City’s
costs and expenses. Prior to commencing such tasks, the City shall send a notice to the Responsible
Owner and allow the Responsible Owner twenty (20) days from the date of the written notice to
perform the tasks. If the Responsible Owner has not completed the work within the twenty (20)
days, then the City may proceed to perform the tasks. Once the City’s costs and expenses have
been determined by the City, the City shall send an invoice for such costs and expenses to the
Responsible Owner. The Responsible Owner must pay the invoice within thirty (30) days after
the date of the invoice. Such costs and expenses include, but are not limited to, costs charged the
City by third parties such as contractors as well as the costs for City personnel that may have
performed the work. Bills not paid shall incur the standard penalty and interest established by the
City for utility billings within the City. The charges shall be divided equally among the
Encroachment Property.
3.7 Emergency. Notwithstanding the requirements contained in Sections 3.6 relating
to a twenty (20) day written notice to the Responsible Owner to perform its obligations under
Sections 3.6, the City shall not be required to give such notice if the City’s engineer dete rmines
that an emergency exists. In such instance, the City, without giving notice to the Responsible
Owner may perform the work and, in such case, the Responsible Owner shall reimburse the City
for the costs and expenses relating to the work. Once the City’s costs and expenses have been
determined by the City, the City shall send an invoice for such costs and expenses to the
Responsible Owner. The Responsible Owner must pay the invoice within thirty (30) days after
the date of the invoice. Such costs and expenses include, but are not limited to, costs charged the
City by third parties such as contractors as well as the costs for City personnel that may have
5
performed the work. Bills not paid shall incur the standard penalty and interest established by the
City for utility bills within the City. The charges shall be divided equally among the Encroachment
Property.
3.8 Cost Deferential. If a Cost Deferential occurs relating to the access to or inspection,
maintenance, repair or replacement of the City Easement Improvements or relating to construction
of new City Easement Improvements in the future, then the Responsible Owner shall pay the Cost
Deferential to the City. The Responsible Owner must make payment for the Cost Deferential
within 30 days after the City has sent a written invoice for the Cost Deferential to the Responsible
Owner.
3.9 Remedies. If the Responsible Owner fails to perform its obligations under this
Agreement, then the City may avail itself of any remedy afforded by law or in equity and any of
the following non-exclusive remedies:
(a) The City may specifically enforce this Agreement.
(b) If Responsible Owner fails to make payments under Section 3.6, 3.7 or 3.8, then the City
may certify to Washington County the amounts due as payable with the real estate taxes
for the Encroachment Property in the next calendar year; such certifications may be made
under Minnesota Statutes, Chapter 444 in a manner similar to certifications for unpaid
utility bills. The charges shall be evenly allocated among the Encroachment Property. The
Responsible Owner waives any and all procedural and substantive objections to the
imposition of such usual and customary charges on the Encroachment Property.
Further, as an alternate means of collection, if the written billing is not paid by the
Responsible Owner, the City, without notice and without hearing, may specially assess the
Encroachment Property for the costs and expenses incurred by the City. The Responsible
Owner hereby waives any and all procedural and substantive objections to special
assessments for the costs including, but not limited to, notice and hearing requirements and
any claims that the charges or special assessments exceed the benefit to the Encroachment
Property. The Responsible Owner waives any appeal rights otherwise available pursuant
to Minnesota Statute § 429.081. The Responsible Owner acknowledges that the benefit
from the performance of tasks by the City equals or exceeds the amount of the charges and
assessments for the costs that are being imposed hereunder upon the Encroachment
Property.
No remedy herein conferred upon or reserved to the City shall be exclusive of any other
available remedy or remedies, but each and every such remedy shall be cumulative and
shall be in addition to every other remedy given under this Agreement or now or hereafter
existing at law or in equity or by statute. No delay or omission to exercise any right or
power accruing upon any default shall impair any such right or power or shall be construed
to be a waiver thereof, but any such right and power may be exercised from time to time
and as often as may be deemed expedient.
6
3.10 Indemnification. The Responsible Owner shall indemnify, defend and hold the
City, its council, agents, consultants, attorneys, employees and representatives harmless against
and in respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses,
obligations, liabilities, damages, recoveries, and deficiencies including interest, penalties and
attorneys’ fees, that the City incurs or suffers, which arise out of, result from or relate to any of the
following:
(a) The Landowner Improvements;
(b) Installation and maintenance of the Landowners Improvements;
(c) Failure by the Responsible Owner to observe or perform any covenant, condition,
obligation or agreement on their part to be observed or performed under this Agreement;
and
(d) Use of the City Easement for Landowner Improvements.
3.11 City Duties. Nothing contained in this Agreement shall be considered an
affirmative duty upon the City to perform the Responsible Owner’s obligations contained in
Article 3 if the Responsible Owner does not perform such obligations.
3.12 No Third-Party Recourse. Third parties shall have no recourse against the City
under this Agreement.
3.13 Recording. The Responsible Owner shall record this Agreement with the
Washington County Recorder against the Encroachment Property and within 30 days after the date
of this Agreement, the Responsible Owner shall present evidence to the City that this Agreement
has been recorded.
3.14 Binding Agreement. The parties mutually recognize and agree that all terms and
conditions of this recordable Agreement shall run with the Encroachment Property and shall be
binding upon the heirs, successors, administrators and assigns of the parties. The obligations of
the Responsible Owner contained in this Agreement are joint and several.
3.15 Amendment and Waiver. The parties hereto may by mutual written agreement
amend this Agreement in any respect. Any party hereto may extend the time for the performance
of any of the obligations of another, waive any inaccuracies in representations by another contained
in this Agreement or in any document delivered pursuant hereto which inaccuracies would
otherwise constitute a breach of this Agreement, waive compliance by another with any of the
covenants contained in this Agreement and performance of any obligations by the other or waive
the fulfillment of any condition that is precedent to the performance by the party so waiving of any
of its obligations under this Agreement. Any agreement on the part of any party for any such
amendment, extension or waiver must be in writing. No waiver of any of the provisions of this
Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not
similar, nor shall any waiver constitute a continuing waiver.
7
3.16 Governing Law. This Agreement shall be governed by and construed in accord
with the laws of the State of Minnesota.
3.17 Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original, but all of which shall constitute one and the same
instrument.
3.18 Headings. The subject headings of the sections this Agreement are included for
purposes of convenience only and shall not affect the construction of interpretation of any of its
provisions.
[The remainder of this page has been intentionally left blank.]
8
IN WITNESS WHEREOF, the parties hereto have caused this document to be executed as
of the day and year first above written.
CITY:
CITY OF COTTAGE GROVE
By:
Myron Bailey
Its Mayor
By:
Tamara Anderson
Its City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
On this day of , 2024, before me a Notary Public within and
for said County, personally appeared Myron Bailey and Tamara Anderson to me personally known,
who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk
of the City of Cottage Grove, the municipality named in the foregoing instrument, and that the said
instrument was signed on behalf of said municipality by authority of its City Council and said Mayor
and City Clerk acknowledged said instrument to be the free act and deed of said municipality.
Notary Public
9
LANDOWNER:
GERBER COLLISION (MIDWEST) INC. d/b/a GERBER COLLISION & GLASS
By:
Its
STATE OF )
) ss.
COUNTY OF __________________ )
On this _____ day of , 2024, before me a Notary Public within and
for said County, personally appeared ______________________ to me personally known, who
being by me duly sworn, did say that he is the ___________________________ of Gerber Collision
(Midwest) Inc. d/b/a Gerber Collision & Glass, a Delaware corporation, the entity named in the
foregoing instrument, and that said instrument was signed on behalf of said corporation.
Notary Public
This instrument drafted by
and after recording, please return to:
Korine L. Land (#262432)
LeVander, Gillen & Miller, P.A.
1305 Corporate Center Dr Suite 300
Eagan, MN 55121
A-1
EXHIBIT A
DEPICTION OF CONSTRUCTION PLANS
PERMANENT DRAINAGE AND UTILITY EASEMENT
The undersigned Landowner for and in consideration of One and no/100 Dollars ($1.00) and other
good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant
and convey to the City of Cottage Grove (“City”) a permanent easement (“Permanent Easement”)
under, over, across, through and upon the following described land situated in the County of
Washington, State of Minnesota, to wit:
PROPERTY DESCRIPTION:
Real property in Washington County, Minnesota, described as follows:
Outlot A, Cottage Grove Woods 2nd Addition
Abstract Property
PID: 17.027.21.24.0033
(“Landowner’s Property”).
PERMANENT EASEMENT DESCRIPTION
The Landowner does hereby grant and convey unto the City, its successors and assigns, the following:
A permanent easement for utility and drainage purposes and all such purposes
ancillary, incident or related thereto (hereinafter “Permanent Easement”) under, over,
across, through and upon that real property legally described on Exhibit A and
depicted on Exhibit B, (hereinafter the “Permanent Easement Area”) attached hereto
and incorporated herein by reference.
The Permanent Easement rights granted herein are forever and shall include, but not be limited to, the
construction, maintenance, repair and replacement of any sanitary sewer, storm sewer, water mains,
storm water facilities, above ground and below ground drainage facilities, any utilities, underground
pipes, conduits, culverts, other utilities and mains, and all facilities and improvements ancillary,
incident or related thereto, under, over, across, through and upon the Permanent Easement Area.
2
The Permanent Easement rights further include, but are not limited to, the right of ingress and egress
over the Permanent Easement Area to access the Permanent Easement for the purposes of
construction, maintenance, repair and replacement of any sanitary sewer, storm sewer, water mains,
storm water facilities, above ground and below ground drainage facilities any utilities, underground
pipes, conduits, culverts, other utilities, mains and all facilities and improvements ancillary, incident
or related thereto.
EXEMPT FROM STATE DEED TAX
The rights of the City also include the right of the City, its contractors, agents and servants:
(a) To enter upon the Permanent Easement Area at all reasonable times for the purposes of
construction, reconstruction, inspection, repair, replacement, grading, sloping, and restoration
relating to the purposes of the Permanent Easement; and
(b) To maintain the Permanent Easement Area, any City improvements and any underground
pipes, conduits, or mains, together with the right to excavate and refill ditches or trenches for
the location of such pipes, conduits or mains; and
(c) To remove from the Permanent Easement Area trees, brush, herbage, aggregate, undergrowth
and other obstructions interfering with the location, construction and maintenance of the
utility pipes, conduits, mains and above ground and below ground drainage facilities and to
deposit earthen material in and upon the Permanent Easement Area; and
(d) To remove or otherwise dispose of all earth or other material excavated from the Permanent
Easement Area as the City may deem appropriate.
The City shall not be responsible for any costs, expenses, damages, demands, obligations, penalties,
attorneys’ fees and losses resulting from any claims, actions, suits, or proceedings based upon a
release or threat of release of any hazardous substances, petroleum, pollutants, and contaminants
which may have existed on, or which relate to, the Permanent Easement Area or the Landowner’s
Property prior to the date hereof.
Nothing contained herein shall be deemed a waiver by the City of any governmental immunity
defenses, statutory or otherwise. Further, any and all claims brought by Landowner or their successors
or assigns, shall be subject to any governmental immunity defenses of the City and the maximum
liability limits provided by Minnesota Statute, Chapter 466.
The Landowner, for itself and its successors and assigns, does hereby warrant to and covenant with
the City, its successors and assigns, that they are well seized in fee of the Landowner’s Property
described above, the Permanent Easement Area described and depicted on Exhibit A and has good
right to grant and convey the Permanent Easement herein to the City.
This agreement is binding upon the heirs, successors, executors, administrators and assigns of the
parties hereto.
[Remainder of this page has been intentionally left blank]
3
IN WITNESS WHEREOF, the parties hereto have caused this document to be executed as
of the day and year first above written.
CITY:
CITY OF COTTAGE GROVE
By:
Myron Bailey
Its Mayor
By:
Tamara Anderson
Its City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
On this day of , 20 , before me a Notary Public within and
for said County, personally appeared Myron Bailey and Tamara Anderson to me personally known,
who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk
of the City of Cottage Grove, the municipality named in the foregoing instrument, and that the said
instrument was signed on behalf of said municipality by authority of its City Council and said Mayor
and City Clerk acknowledged said instrument to be the free act and deed of said municipality.
Notary Public
4
LANDOWNER:
GERBER COLLISION & GLASS, INC., d/b/a GERBER COLLISION (MIDWEST) INC.
By:
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF __________________ )
On this _____ day of , 2024, before me a Notary Public within and
for said County, personally appeared ______________________ to me personally known, who
being by me duly sworn, did say that he is the ___________________________ of Gerber Collision
& Glass, Inc., d/b/a Gerber Collision (Midwest) Inc., a Delaware corporation, the entity named in
the foregoing instrument, and that said instrument was signed on behalf of said limited liability
company.
Notary Public
This instrument drafted by
and after recording, please return to:
Korine L. Land (#262432)
LeVander, Gillen & Miller, P.A.
1305 Corporate Center Dr Suite 300
Eagan, MN 55121
A-1
EXHIBIT A
LEGAL DESCRIPTION OF PERMANENT EASEMENT AREA
A permanent easement for drainage and utility purposes lying, over, and across that part of Outlot
A, COTTAGE GROVE WOODS SECOND ADDITION, according to the recorded plat thereof,
Washington County, Minnesota, which lies southeasterly of the following described line and its
northeasterly extension:
Commencing at the most easterly corner of said Outlot A; thence North 56 degrees 37 minutes 02
seconds West, assumed bearing, along the northeasterly line of said Outlot A, a distance of 20.00
feet to the point of beginning of said line to be described; thence South 38 degrees 59 minutes 00
seconds West, a distance of 538.13 feet to the southwesterly line of said Outlot A and said line there
terminating.
B-1
EXHIBIT B
DEPICTION OF PERMANENT EASEMENT AREA
1
City Council Action Request
7.I.
Meeting Date 5/15/2024
Department Public Works
Agenda Category Action Item
Title TH 61 River Oaks RCUT – Cooperative Construction Agreement
Staff Recommendation Adopt Resolution 2024-084 approving the State of Minnesota
Department of Transportation and City of Cottage Grove
Cooperative Construction Agreement for the TH 61 River Oaks
RCUT.
Budget Implication N/A
Attachments 1. RCUT Approve Cooperative Agreement CC Memo
2. RCUT Approve Cooperative Agreement Resolution
3. RCUT Cooperative Construction Agreement
To: Honorable Mayor and City Council
Jennifer Levitt, City Administrator
From: Joe Fox, PE, Project Engineer
Date: May 8, 2024
Subject: TH 61 River Oaks RCUT – Approve State of Minnesota Department of
Transportation and City of Cottage Grove Cooperative Construction Agreement
Background
At the May 1, 2024, City Council meeting, the Council approved the plans and specifications for
the TH 61 River Oaks RCUT project adjacent to the River Oaks Golf Course and Zywiec’s
Garden Center entrances on Highway 61. The project is funded in part by a grant from MnDOT’s
Metro Local Partnership Program.
Discussion
MnDOT requires that on joint projects an agreement be executed prior to construction. MnDOT
prepared the agreement entitled “State of Minnesota Department of Transportation and City of
Cottage Grove Cooperative Construction Agreement,” which is attached for reference. This
agreement stipulates that the city will construct the project and that it will be owned by MnDOT
because it is within their right-of-way.
The city obtained grant funding for this project from MnDOT in the amount of $1,010,000.
Currently the estimated cost of this project is $1,310,594.70. Any amount above the grant total
will be funded by the city.
Recommendation
It is recommended the City Council adopt Resolution 2024-084 approving the State of Minnesota
Department of Transportation and City of Cottage Grove Cooperative Construction Agreement
for the TH 61 River Oaks RCUT.
CITY OF COTTAGE GROVE, MINNESOTA
CITY COUNCIL
RESOLUTION 2024-084
RESOLUTION APPROVING THE MINNESOTA DEPARTMENT OF TRANSPORTATION
COOPERATIVE AGREEMENT FOR THE RIVER OAKS TH 61 RCUT PROJECT
IT IS RESOLVED that the City of Cottage Grove enter into MnDOT Agreement 1055652
with the State of Minnesota, Department of Transportation for the following purposes:
To provide for payment by the State to the City of the State’s share of the costs of the
grading, concrete, and bituminous pavement, lighting, and ADA improvements
construction and other associated construction to be performed upon, along, and
adjacent to Trunk Highway 61 at Point Douglas Road within the corporate City limits
under State Project 8205-156 (TH 61=003).
IT IS FURTHER RESOLVED, that the Mayor and Public Works Director are authorized to
execute the Agreement and any amendments to the Agreement.
Passed this 15th day of May 2024.
Myron Bailey, Mayor
Attest:
Tamara Anderson, City Clerk
CERTIFICATION
I certify that the above Resolution is an a ccurate copy of the Resolution adopted by the Council
of the City of Cottage Grove at an authorized meeting held on the 15th day of May 2024, as shown
by the minutes of the meeting in my possession.
(Signature)
(Type or Print Name)
(Title)
MnDOT Contract: 1055652
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STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
AND
CITY OF COTTAGE GROVE
COOPERATIVE CONSTRUCTION
AGREEMENT
State Project Number (SP): 8205-156
Trunk Highway Number (TH): 61=003
Lighting System Feed Point: 82P4
Original Amount Encumbered
$1,010,000.00
This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation (State), and
the City of Cottage Grove, acting through its City Council (City).
Recitals
1. The City will perform grading, concrete and bituminous pavement, lighting, and ADA improvements
construction and other associated construction upon, along, and adjacent to TH 61 at Point Douglas Road
according to City-prepared plans, specifications, and special provisions designated by the City and the State
as SP 8205-156 (TH 61=003) (Project); and
2. The City requests the State participate in the costs of the grading, concrete and bituminous pavement,
lighting, and ADA improvements construction and the State is willing to participate in the costs of said
construction and associated construction engineering; and
3. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make
arrangements with and cooperate with any governmental authority for the purposes of constructing,
maintaining, and improving the trunk highway system.
Agreement
1. Term of Agreement; Survival of Terms; Plans; Incorporation of Exhibits
1.1. Effective Date. This Agreement will be effective on the date the State obtains all signatures required by
Minnesota Statutes § 16C.05, subdivision 2.
1.2. Expiration Date. This Agreement will expire when all obligations have been satisfactorily fulfilled.
1.3. Survival of Terms. All clauses which impose obligations continuing in their nature and which must survive
in order to give effect to their meaning will survive the expiration or termination of this Agreement,
including, without limitation, the following clauses: 2.4. State Ownership of Improvements;
5. Maintenance by the City; 10. Liability; Worker Compensation Claims; Insurance; 13. State Audits;
14. Government Data Practices; 15. Governing Law; Jurisdiction; Venue; and 17. Force Majeure.
1.4. Plans, Specifications, and Special Provisions. State-State-Aid approved City plans, specifications, and
special provisions designated by the City as and the State as SP 8205-156 (TH 61=003) are on file in the
office of the City's Engineer and incorporated into this Agreement by reference (Project Plans).
1.5. Exhibits. The Preliminary Schedule "I" is attached and incorporated into this Agreement.
2. Right-of-Way Use
2.1. Limited Right to Occupy. The State grants to the City (and its contractors and consultants) the right to
occupy Trunk Highway Right-of-Way as necessary to perform the work described in the Project Plans. This
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right is limited to the purpose of constructing the Project, and administering such construction, and may
be revoked by the State at any time, with or without cause. Cause for revoking this right of occupancy
includes, but is not limited to, breaching the terms of this or any other agreement (relevant to this Project)
with the State, failing to provide adequate traffic control or other safety measures, failing to perform the
construction properly and in a timely manner, and failing to observe applicable environmental laws or
terms of applicable permits. The State will have no liability to the City (or its contractors or consultants) for
revoking this right of occupancy.
2.2. State Access; Suspension of Work; Remedial Measures. The State's District Engineer or assigned
representative retains the right to enter and inspect the Trunk Highway Right-of-Way (including the
construction being performed on such right-of-way) at any time and without notice to the City or its
contractor. If the State determines (in its sole discretion) that the construction is not being performed in a
proper or timely manner, or that environmental laws (or the terms of permits) are not being complied
with, or that traffic control or other necessary safety measures are not being properly implemented, then
the State may notify and require the City (and its contractors and consultants) to suspend their operations
until the City (and its contractors and consultants) take all necessary actions to rectify the situation to the
satisfaction of the State. The State will have no liability to the City (or its contractors or consultants) for
exercising or failing to exercise its rights under this provision.
2.3. Traffic Control; Worker Safety. While the City (and its contractors and consultants) are occupying the
State's Right-of-Way, they must comply with the approved traffic control plan, and with applicable
provisions of the Work Zone Field Handbook
(http://www.dot.state.mn.us/trafficeng/workzone/index.html). All City, contractor, and consultant
personnel occupying the State's Right-of-Way must be provided with required reflective clothing and hats.
2.4. State Ownership of Improvements. The State will retain ownership of its Trunk Highway Right-of-Way,
including any improvements made to such right-of-way under this Agreement, unless otherwise noted.
The warranties and guarantees made by the City's contractor with respect to such improvements (if any)
will flow to the State. The City will assist the State, as necessary, to enforce such warranties and
guarantees, and to obtain recovery from the City's consultants and contractor (including its sureties) for
non-performance of contract work, for design errors and omissions, and for defects in materials and
workmanship. Upon request of the State, the City will undertake such actions as are reasonably necessary
to transfer or assign contract rights to the State and to permit subrogation by the State with respect to
claims against the City's consultants and contractors.
2.5. Utility Relocation. The State authorizes the City to issue Notices and Orders for utility relocation in
accordance with Minnesota Statutes §161.45 and Minnesota Rules Part 8810.3100 through 8810.3600.
3. Contract Award and Construction
3.1. Bids and Award. The City will receive bids and award a construction contract to the lowest responsible
bidder (or best value proposer), subject to concurrence by the State in that award, according to the Project
Plans. The contract construction will be performed according to the Project Plans.
3.2. Bid Documents Furnished by the City. The City will, within seven days of opening bids for the construction
contract, submit to the State Aid Agreements Engineer a copy of the low bid and an abstract of all bids
together with the City's request for concurrence by the State in the award of the construction contract.
The City will not award the construction contract until the State advises the City in writing of its
concurrence.
3.3. Rejection of Bids. The City may reject and the State may require the City to reject any or all bids for the
construction contract. The party rejecting or requiring the rejection of bids must provide the other party
written notice of that rejection or requirement for rejection no later than 30 days after opening bids. Upon
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the rejection of all bids, a party may request, in writing, that the bidding process be repeated. Upon the
other party's written approval of such request, the City will repeat the bidding process in a reasonable
period of time, without cost or expense to the State.
3.4. Contract Terms. The City's contract with its construction contractor(s) must include the following terms:
A. A clause making the State of Minnesota, acting through its Commissioner of Transportation, an
intended third-party beneficiary of the contract with respect to the portion of work performed on the
State's Right-of-Way; and
B. A clause requiring the State to be named as an additional insured on any insurance coverage which the
contractor is required to provide; and
C. A clause stating that any warranties provided by the contractor for the work performed on the trunk
highway will flow to and be enforceable by the State as the owner of such improvements.
3.5. Direction, Supervision, and Inspection of Construction.
A. The contract construction will be under the direction of the City and under the supervision of a
registered professional engineer; however, the State participation construction covered under this
Agreement will be open to inspection by the State District Engineer's authorized representatives. The
City will give the State Aid Agreements Engineer at Roseville five day’s notice of its intention to start the
contract construction.
B. Responsibility for the control of materials for the contract construction will be on the City and its
contractor and will be carried out according to Specifications No. 1601 through and including No. 1609
in the State's current Standard Specifications for Construction.
3.6. Contaminated Soils and Groundwater within the State's Cost Participation Limits
A. 24 Hour Notification. The City will notify the State District Engineer's authorized representative a
minimum of 24 hours prior to the contractor beginning the excavation and removal of any
contaminated soils that have been identified within the Project limits.
B. Immediate Notification. The City will notify the State District Engineer's authorized representative
immediately upon the contractor encountering contaminated soils and/or groundwater in areas that
are within the Project limits. The City will confer with the State as to the handling, disposal, and any
other issues related to contaminated materials found on State Right-of-Way or import of materials
onto State Right-of-Way.
C. Environmental Consultant. The City will provide for an Environmental Consultant to be on site to
observe and document the excavation, handling, and disposal of contaminated soils that have been
identified within the Project limits. If the contractor encounters contaminated materials in areas not
previously identified and upon notification by the City to the State, the City hired Environmental
Consultant will be provided to collect and analyze soil and/or groundwater samples to determine
contaminant levels, work with the landfill for disposal of the soil waste, and provide oversight of any
soil and groundwater handling and disposal. The City will not allow the contractor to excavate any
contaminated soil unless the Environmental Consultant is present.
3.7. Completion of Construction. The City will cause the contract construction to be started and completed
according to the time schedule in the construction contract special provisions. The completion date for the
contract construction may be extended, by an exchange of letters between the appropriate City official
and the State District Engineer's authorized representative, for unavoidable delays encountered in the
performance of the contract construction.
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3.8. Plan Changes. The State will not participate in the cost of any contract construction that is in addition to
the State participation construction covered under this Agreement unless the following conditions have
been met:
A. The necessary State funds have been encumbered.
B. All changes in the Project Plans and all addenda, change orders, supplemental agreements, and work
orders entered into by the City and its contractor for State participation construction are approved in
writing by the State District Engineer's authorized representative.
3.9. Compliance with Laws, Ordinances, and Regulations. The City will comply and cause its contractor to
comply with all Federal, State, and Local laws, and all applicable ordinances and regulations. With respect
only to that portion of work performed on the State's Trunk Highway Right-of-Way, the City will not
require the contractor to follow local ordinances or to obtain local permits.
4. Right-of-Way; Easements; Permits
4.1. The City will obtain all rights-of-way, easements, construction permits, and any other permits and
sanctions that may be required in connection with the local and trunk highway portions of the contract
construction. Before payment by the State, the City will furnish the State with certified copies of the
documents for rights-of-way and easements, construction permits, and other permits and sanctions
required for State participation construction covered under this Agreement.
4.2. The City will convey to the State by quit claim deed, all newly acquired rights needed for the continuing
operation and maintenance of the Trunk Highway, if any, upon completion of the Project, at no cost or
expense to the State.
4.3. The City will comply with Minnesota Statutes § 216D.04, subdivision 1(a), for identification, notification,
design meetings, and depiction of utilities affected by the contract construction.
5. Maintenance by the City
Upon completion of the Project, the City will provide the following without cost or expense to the State:
5.1. Sidewalks. Maintenance of any sidewalk construction, including stamped and colored concrete sidewalk (if
any) and pedestrian ramps. Maintenance includes, but is not limited to, debris removal, patching, crack
repair, panel replacement, cross-street pedestrian crosswalk markings, vegetation control of boulevards (if
any), and any other maintenance activities necessary to perpetuate the sidewalks in a safe, useable, and
aesthetically acceptable condition.
5.2. Lighting. The City will be responsible for the hook up cost and application to secure an adequate power
supply to the service pad or pole for the lighting facility on Feed Point 82P4. The State will maintain and
pay all monthly electrical service expenses necessary to operate the lighting facility.
5.3. Additional Drainage. No party to this Agreement will drain any additional drainage volume into the storm
sewer facilities constructed under the construction contract that was not included in the drainage for
which the storm sewer facilities were designed, without first obtaining written permission to do so from
the other party.
6. Basis of State Cost
6.1. Schedule "I". The Preliminary Schedule "I" includes anticipated State participation construction items and
the construction engineering cost share covered under this Agreement.
6.2. State Participation Construction. The State will participate in the following at the percentages indicated.
The construction includes the State's proportionate share of item costs for mobilization and traffic control.
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A. 100 Percent, up to the capped amount of State funds, will be the State's rate of cost participation in all
of the grading, concrete and bituminous pavement, lighting, and ADA improvements construction. The
construction includes, but is not limited to, those construction items tabulated on Sheets 2 and 3 of the
Preliminary Schedule "I".
6.3. Construction Engineering Costs. The State will pay a construction engineering charge, up to the capped
amount of State funds, equal to 8 percent of the total State participation construction covered under this
Agreement.
6.4. Capped State Funds. The State funds available on this Project are capped at $1,010,000.00.
6.5. Addenda, Change Orders, Supplemental Agreements, and Work Orders. The State will share in the costs,
up to the capped amount, of construction contract addenda, change orders, supplemental agreements,
and work orders that are necessary to complete the State participation construction covered under this
Agreement and are approved in writing by the State District Engineer's authorized representative.
6.6. Liquidated Damages. All liquidated damages assessed the City's contractor in connection with the
construction contract will result in a credit shared by each party in the same proportion as their total
construction cost share covered under this Agreement is to the total contract construction cost before any
deduction for liquidated damages.
7. State Cost and Payment by the State
7.1. State Cost. $1,010, 000.00 is the State's estimated share of the costs of the contract construction which
includes the construction engineering cost share, as shown in the Preliminary Schedule "I". The Preliminary
Schedule "I" was prepared using anticipated construction items and estimated quantities and unit prices
and may include any credits or lump sum costs. Upon review of the construction contract bid documents
described in Article 3.2, the State will decide whether to concur in the City's award of the construction
contract and, if so, prepare a Revised Schedule "I" based on construction contract construction items,
quantities, and unit prices, which will replace and supersede the Preliminary Schedule "I" as part of this
Agreement.
7.2. Conditions of Payment. The State will pay the City the State's total estimated construction cost share,
which does not include the construction engineering cost share, as shown in the Revised Schedule "I",
after the following conditions have been met:
A. Encumbrance by the State of the State's total estimated construction cost share and the construction
engineering cost share, as shown in the Revised Schedule "I".
B. Execution of this Agreement and transmittal to the City, including a letter advising of the State's
concurrence in the award of the construction contract.
C. The State's receipt of a written request from the City for the advancement of funds. The request will
include certification by the City that all necessary parties have executed the construction contract.
7.3. Limitations of State Payment; No State Payment to Contractor. The State's participation in the contract
construction is limited to the State participation construction shown in Article 6, and the State's
participation will not change except by a mutually agreed written amendment to this Agreement. The
State's payment obligation extends only to the City. The City's contractor is not intended to be and will not
be deemed to be a third-party beneficiary of this Agreement. The City's contractor will have no right to
receive payment from the State. The State will have no responsibility for claims asserted against the City
by the City's contractor.
7.4. Construction Costs Exceeding Encumbered Amount. Whenever it appears the cost of the State
participation construction covered under this Agreement is about to exceed the current amount of
MnDOT Contract: 1055652
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Payable Standard
encumbered State funds, the City will notify the State District Engineer's authorized representative in
writing prior to performance of the additional State participation construction. Notification will include an
estimate in the amount of additional funds necessary to complete the State participation construction
including construction engineering costs and the reason(s) why the current amount encumbered will be
exceeded. The State will, upon its approval of the additional State participation construction, encumber
the necessary additional funds. That action will have the effect of amending this Agreement so as to
include the State's share of the costs of the additional construction.
Should the City cause the performance of additional contract construction which would otherwise qualify
for State participation construction covered under this Agreement, but for which the State has not
previously encumbered funds, that additional contract construction is done at the City's own risk. The City
will notify the State District Engineer's authorized representative in writing of the additional State
participation construction. Notification will include an estimate in the amount of additional funds
necessary to cover the additional State participation construction including construction engineering costs
and the reason(s) why the current amount encumbered was exceeded. If the State District Engineer's
authorized representative approves the additional State participation construction, the City's claim for
compensation along with a request for encumbrance of the necessary additional funds will be submitted
to the State's Budget Section for review of compliance with Minnesota Statutes § 16A.15, subdivision 3,
but no guarantee is made that the claim will be approved by the State's Budget Section. If the claim for
compensation and the request for encumbrance of the necessary additional funds are approved by the
State's Budget Section, that action will have the effect of amending this Agreement so as to include the
State's share of the costs of the additional construction.
7.5. Records Keeping and Invoicing by the City. The State will provide the City with a Payment Processing
Package containing a Modified Schedule "I" form, instructions, and samples of documents for processing
final payment of the State participation construction covered under this Agreement.
The City will keep records and accounts that enable it to provide the State with the following prior to final
payment:
A. A copy of the Modified Schedule "I" which includes final quantities of State participation construction.
B. Copies of the City contractor's invoice(s) covering all contract construction.
C. Copies of the endorsed and canceled City warrant(s) or check(s) paying for final contract construction,
or computer documentation of the warrant(s) issued, certified by an appropriate City official that final
construction contract payment has been made.
D. Copies of all construction contract change orders, supplemental agreements, and work orders.
E. A certification form, attached to a copy of the Final Schedule "I", both provided by the State. The
certification form will be signed by the City's Engineer in charge of the contract construction attesting
to the following:
i. Satisfactory performance and completion of all contract construction according to the Project
Plans.
ii. Acceptance and approval of all materials furnished for the contract construction relative to
compliance of those materials to the State's current Standard Specifications for Construction.
iii. Full payment by the City to its contractor for all contract construction.
F. When requested, copies certified by the City's Engineer, of material sampling reports and material
testing results for the materials furnished for the contract construction.
G. A copy of the "as built" plan sent to the State Aid Agreements Engineer.
MnDOT Contract: 1055652
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Payable Standard
H. A formal invoice (original and signed) in the amount due the City as shown in the Final Schedule "I".
7.6. Final Payment by the State. Upon completion of all contract construction, the State will prepare a Final
Schedule "I" according to the procedures detailed in the Payment Processing Package and submit a copy to
the City. The Final Schedule "I" will be based on final quantities, and include all State participation
construction items and the construction engineering cost share covered under this Agreement. If the final
cost of the State participation construction exceeds the amount of funds advanced by the State, the State
will pay the difference to the City without interest. If the final cost of the State participation construction is
less than the amount of funds advanced by the State, the City will refund the difference to the State
without interest.
The State and the City waive claims for any payments or refunds less than $5.00 according to Minnesota
Statutes § 15.415.
8. Authorized Representatives
Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give
and receive any notice or demand required or permitted by this Agreement.
8.1. The State's Authorized Representative will be:
Name, Title: Malaki Ruranika, Cooperative Agreements Engineer (or successor)
Address: 395 John Ireland Boulevard, Mailstop 682, Saint Paul, MN 55155
Telephone: (651) 366-4634
Email: malaki.ruranika@state.mn.us
8.2. The City's Authorized Representative will be:
Name, Title: Amanda Meyer, City Engineer (or successor)
Address: 12800 Ravine Parkway South, Cottage Grove, MN 55016
Telephone: (651) 458-2848
Email: ameyer@cottagegrovemn.gov
9. Assignment; Amendments; Waiver; Contract Complete
9.1. Assignment. No party may assign or transfer any rights or obligations under this Agreement without the
prior consent of the other party and a written assignment agreement, executed and approved by the same
parties who executed and approved this Agreement, or their successors in office. The foregoing does not
prohibit the City from contracting with a third party to perform City maintenance responsibilities covered
under this Agreement.
9.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has
been executed and approved by the same parties who executed and approved the original Agreement, or
their successors in office.
9.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the
provision or the party's right to subsequently enforce it.
9.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State and
the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind
either party.
10. Liability; Worker Compensation Claims; Insurance
10.1. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law
and will not be responsible for the acts and omissions of others and the results thereof. Minnesota
Statutes § 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and
MnDOT Contract: 1055652
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Payable Standard
other applicable law govern liability of the City. Notwithstanding the foregoing, the City will indemnify,
hold harmless, and defend (to the extent permitted by the Minnesota Attorney General) the State against
any claims, causes of actions, damages, costs (including reasonable attorney’s fees), and expenses arising
in connection with the Project covered by this Agreement, regardless of whether such claims are asserted
by the City's contractor(s) or consultant(s) or by a third party because of an act or omission by the City or
its contractor(s) or consultant(s).
10.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation
Act.
10.3. The City may require its contractor to carry insurance to cover claims for damages asserted against the
City's contractor.
11. Nondiscrimination
Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are
considered part of this Agreement.
12. Title VI/Non-discrimination Assurances
The City agrees to comply with all applicable US DOT Standard Title VI/Non-Discrimination Assurances contained
in DOT Order No. 1050.2A, and in particular Appendices A and E, which can be found at: https://edocs-
public.dot.state.mn.us/edocs_public/DMResultSet/download?docId=11149035. If federal funds are included in
this Agreement, the City will ensure the appendices and solicitation language within the assurances are inserted
into contracts as required. The State may conduct a review of the City’s compliance with this provision. The City
must cooperate with the State throughout the review process by supplying all requested information and
documentation to the State, making City staff and officials available for meetings as requested, and correcting
any areas of non-compliance as determined by the State.
13. State Audits
Under Minnesota Statutes § 16C.05, subdivision 5, the City's books, records, documents, accounting procedures,
and practices relevant to this Agreement are subject to examination by the State and the State Auditor or
Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement.
14. Government Data Practices
The City and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes
Chapter 13, as it applies to all data provided under this Agreement, and as it applies to all data created,
collected, received, stored, used, maintained, or disseminated by the City under this Agreement. The civil
remedies of Minnesota Statutes §13.08 apply to the release of the data referred to in this clause by either the
City or the State.
15. Governing Law; Jurisdiction; Venue
Minnesota law governs the validity, interpretation, and enforcement of this Agreement. Venue for all legal
proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with
competent jurisdiction in Ramsey County, Minnesota.
16. Termination; Suspension
16.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties or by the
State for insufficient funding as described below.
16.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not
obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued
at a level sufficient to allow for the payment of the services covered here. Termination must be by written
MnDOT Contract: 1055652
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Payable Standard
or fax notice to the City. The State is not obligated to pay for any services that are provided after notice
and effective date of termination. However, the City will be entitled to payment, determined on a pro rata
basis, for services satisfactorily performed to the extent that funds are available. The State will not be
assessed any penalty if this Agreement is terminated because of the decision of the Minnesota Legislature,
or other funding source, not to appropriate funds.
16.3. Suspension. In the event of a total or partial government shutdown, the State may suspend this
Agreement and all work, activities, performance, and payments authorized through this Agreement. Any
work performed during a period of suspension will be considered unauthorized work and will be
undertaken at the risk of non-payment.
17. Force Majeure
No party will be responsible to the other for a failure to perform under this Agreement (or a delay in
performance) if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a
party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God,
labor disputes, acts of war or terrorism, or public health emergencies.
[The remainder of this page has been intentionally left blank.]
MnDOT Contract: 1055652
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Payable Standard
STATE ENCUMBRANCE VERIFICATION
Individual certifies that funds have been encumbered
as required by Minnesota Statutes § 16A.15 and
16C.05.
Signed:
Date:
SWIFT Purchase Order: 3000757761
CITY OF COTTAGE GROVE
The undersigned certify that they have lawfully
executed this contract on behalf of the Governmental
Unit as required by applicable charter provisions,
resolutions, or ordinances.
By:
Title:
Date:
By:
Title:
Date:
DEPARTMENT OF TRANSPORTATION
Recommended for Approval:
By:
(District Engineer)
Date:
Approved:
By:
(State Design Engineer)
Date:
COMMISSIONER OF ADMINISTRATION
By:
(With Delegated Authority)
Date:
INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION.
PRELIMINARY SCHEDULE "I"
Agreement 1055652
City of Cottage Grove
SP 8205-156 (TH 61=003)Preliminary: May 6, 2024
State Funds
Grading, concrete and bituminous pavement, lighting, and ADA improvements construction located on TH 61 at Point Douglas Road
to start approximately June 2024 under City contract with ____
STATE COST PARTICIPATION
(1)SP 8205-156 Work Items From Sheet 4 1,008,217.50
Construction Engineering (8%)1,782.50
(2)Total $1,010,000.00
Encumbered Amount $1,010,000.00
(1) Amount of advance payment as described in Article 7 of the Agreement (estimated amount)
(2) State funds capped as described in Article 6.4 of the Agreement
Data is considered Non-public prior to project award under the
Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13.- 1 -
1055652(1) 100% STATE FUNDS (CAPPED); REMAINDER 100% CITY FUNDS
(P) = PLAN QUANTITY
ITEM SP 8205-156 UNIT QUANTITY UNIT PRICE COST
NUMBER WORK ITEM (1)
2011.601 AS BUILT LUMP SUM 1.00 5,000.00 5,000.00
2021.501 MOBILIZATION LUMP SUM 1.00 45,000.00 45,000.00
2102.503 PAVEMENT MARKING REMOVAL LIN FT 9,000.00 2.50 22,500.00
2104.502 REMOVE ANCHORAGE ASSEMBLY - TENSION CABLE EACH 2.00 2,500.00 5,000.00
2104.502 REMOVE CONCRETE HEADWALL EACH 1.00 360.00 360.00
2104.502 REMOVE DELINEATOR / MARKER EACH 1.00 25.00 25.00
2104.502 REMOVE SIGN EACH 10.00 80.00 800.00
2104.503 SAWING CONCRETE PAVEMENT (FULL DEPTH)LIN FT 2,396.00 6.00 14,376.00
2104.503 SAWING BITUMINOUS PAVEMENT (FULL DEPTH)LIN FT 383.00 4.50 1,723.50
2104.503 REMOVE PIPE DRAIN LIN FT 1,491.00 7.50 11,182.50
2104.503 REMOVE TENSION CABLE GUARDRAIL LIN FT 1,601.00 6.00 9,606.00
2104.504 REMOVE CONCRETE PAVEMENT SQ YD 1,817.00 10.00 18,170.00
2104.504 REMOVE BITUMINOUS SHOULDER PAVEMENT SQ YD 395.00 10.00 3,950.00
2106.507 EXCAVATION - COMMON (P)CU YD 3,907.00 10.00 39,070.00
2106.507 SELECT GRANULAR EMBANKMENT (CV) (P)CU YD 1,652.00 25.00 41,300.00
2106.507 COMMON EMBANKMENT (CV)(P)CU YD 2,087.00 8.00 16,696.00
2118.507 AGGREGATE SURFACING (CV) CLASS 1 (P)CU YD 113.00 60.00 6,780.00
2211.507 AGGREGATE BASE (CV) CLASS 6 (P)CU YD 673.00 60.00 40,380.00
2301.502 DOWEL BAR EACH 772.00 13.00 10,036.00
2301.504 CONCRETE PAVEMENT 8.5"SQ YD 2,818.00 65.00 183,170.00
2301.508 SUPPLEMENTAL PAVEMENT REINFORCEMENT POUND 840.00 8.50 7,140.00
2301.602 DRILL AND GROUT DOWEL BAR (EPOXY COATED)EACH 12.00 45.00 540.00
2301.602 DRILL AND GROUT REINF BAR (EPOXY COATED)EACH 609.00 20.00 12,180.00
2451.507 FINE AGGREGATE BEDDING (CV)CU YD 223.00 55.00 12,265.00
2501.502 15" CS SAFETY APRON AND GRATE DESIGN 3128 EACH 4.00 1,700.00 6,800.00
2501.502 12" RC SAFETY APRON EACH 2.00 1,600.00 3,200.00
2501.503 12" RC PIPE CULVERT DESIGN 3006 CLASS V LIN FT 150.00 $100.00 15,000.00
2501.503 15" RC PIPE CULVERT DESIGN 3006 CLASS V LIN FT 227.00 120.00 27,240.00
2502.502 4" PRECAST CONCRETE HEADWALL EACH 3.00 600.00 1,800.00
2502.503 4" TP PIPE DRAIN LIN FT 26.00 12.00 312.00
2502.503 4" PERF PE PIPE DRAIN LIN FT 1,636.00 16.00 26,176.00
2521.518 6" CONCRETE WALK SQ FT 139.00 15.00 2,085.00
2521.602 DRILL AND GROUT REINF BAR (EPOXY COATED)EACH 6.00 15.00 90.00
2521.618 CONCRETE CURB RAMP WALK SQ FT 120.00 35.00 4,200.00
Data is considered Non-public prior to project award under the
Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13.- 2 -
1055652(1) 100% STATE FUNDS (CAPPED); REMAINDER 100% CITY FUNDS
(P) = PLAN QUANTITY
ITEM SP 8205-156 UNIT QUANTITY UNIT PRICE COST
NUMBER WORK ITEM (1)
2531.618 TRUNCATED DOMES SQ FT 22.00 75.00 1,650.00
2545.501 LIGHTING SYSTEM LUMP SUM 1.00 48,000.00 48,000.00
2554.502 ANCHORAGE ASSEMBLY - TENSION CABLE EACH 6.00 7,800.00 46,800.00
2554.602 GUIDE POST TYPE SPECIAL EACH 6.00 100.00 600.00
2554.603 TENSION CABLE GUARDRAIL LIN FT 1,428.00 65.00 92,820.00
2563.601 TRAFFIC CONTROL SUPERVISOR LUMP SUM 1.00 10,000.00 10,000.00
2563.601 TRAFFIC CONTROL LUMP SUM 1.00 30,000.00 30,000.00
2563.602 PORTABLE CHANGEABLE MESSAGE SIGN EACH 2.00 150.00 300.00
2564.602 DELINEATOR / MARKER EACH 2.00 230.00 460.00
2564.602 DELINEATOR / MARKER PANEL EACH 4.00 105.00 420.00
2564.618 SIGN SQ FT 421.00 70.00 29,470.00
2573.501 STABILIZED CONSTRUCTION EXIT LUMP SUM 1.00 5,000.00 5,000.00
2573.502 CULVERT END CONTROLS EACH 3.00 160.00 480.00
2573.503 SILT FENCE, TYPE MS LIN FT 491.00 4.00 1,964.00
2573.503 SEDIMENT CONTROL LOG TYPE WOOD FIBER LIN FT 312.00 4.50 1,404.00
2574.505 SUBSOILING (P)ACRE 1.40 400.00 560.00
2574.505 SOIL BED PREPARATION (P)ACRE 1.40 200.00 280.00
2574.507 COMPOST GRADE 2 CU YD 1,089.00 60.00 65,340.00
2574.508 FERTILIZER TYPE 3 POUND 270.00 $3.00 810.00
2575.504 ROLLED EROSION PREVENTION CATEGORY 20 SQ YD 823.00 2.00 1,646.00
2575.505 SEEDING (P)ACRE 1.40 1,000.00 1,400.00
2575.505 MOWING ACRE 1.40 60.00 84.00
2575.505 WEED SPRAYING ACRE 1.40 200.00 280.00
2575.506 WEED SPRAY MIXTURE GALLON 0.70 90.00 63.00
2575.508 SEED MIXTURE 25-131 POUND 297.00 20.00 5,940.00
2575.508 HYDRAULIC REINFORCED FIBER MATRIX POUND 5,267.00 2.00 10,534.00
2581.503 REMOVABLE PREFORMED PAVEMENT MARKING TAPE WR LIN FT 4,240.00 1.90 8,056.00
2581.603 REMOVABLE PREFORMED PLASTIC MASK (BLACK)LIN FT 640.00 2.30 1,472.00
2582.503 MOBILE RETROREFLECTOMETER MEASUREMENTS LIN FT 7,185.00 0.10 718.50
2582.503 6" SOLID LINE MULTI-COMPONENT GROUND IN (WR)LIN FT 4,994.00 1.50 7,491.00
2582.503 6" SOLID LINE PREFORM TAPE GROUND IN (WR) CONTRAST LIN FT 1,316.00 12.00 15,792.00
2582.503 6" BROKEN LINE PREFORM TAPE GROUND IN (WR) CONTRAST LIN FT 520.00 12.00 6,240.00
2582.503 24" SOLID LINE PREFORM THERMO GROUND IN CONT LIN FT 355.00 18.00 6,390.00
2582.518 PAVEMENT MESSAGE PREFORM THERMOPLASTIC GROUND IN CONTRAST SQ FT 260.00 35.00 9,100.00
Data is considered Non-public prior to project award under the
Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13.- 3 -
1055652(1) 100% STATE FUNDS (CAPPED); REMAINDER 100% CITY FUNDS
(P) = PLAN QUANTITY
ITEM SP 8205-156 UNIT QUANTITY UNIT PRICE COST
NUMBER WORK ITEM (1)
2582.601 WET RETROREFLECTOMETER MEASUREMENTS LUMP SUM 1.00 2,500.00 2,500.00
TOTAL 1,008,217.50
(1)100% STATE FUNDS (CAPPED)1,008,217.50 (CAPPED AT $1,010,000.00)
REMAINDER 100% CITY FUNDS 0.00
Data is considered Non-public prior to project award under the
Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13.- 4 -
CITY OF COTTAGE GROVE
RESOLUTION
IT IS RESOLVED that the City of Cottage Grove enter into MnDOT Agreement 1055652 with the State of Minnesota,
Department of Transportation for the following purposes:
To provide for payment by the Stage to the City of the State's share of the costs of the grading, concrete and
bituminous pavement, lighting, and ADA improvements construction and other associated construction to be
performed upon, along, and adjacent to Trunk Highway 61 at Point Douglas Road within the corporate City limits
under State Project 8205-156 (TH 61=003).
IT IS FURTHER RESOLVED that the Mayor and the
(Title)
are authorized to execute the Agreement and any amendments to the Agreement.
CERTIFICATION
I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City of
Cottage Grove at an authorized meeting held on the day of
, 2024, as shown by the minutes of the meeting in my possession.
Subscribed and sworn to me this
day of , 2024
Notary Public
My Commission Expires
(Signature)
(Type or Print Name)
(Title)
1
City Council Action Request
7.J.
Meeting Date 5/15/2024
Department Public Works
Agenda Category Action Item
Title Safe Streets and Roads for All (SS4A)
Staff Recommendation Adopt Resolution 2024-081 authorizing the city to apply for funding
from the Safe Streets and Roads for All (SS4A) Grant Program.
Budget Implication $88,000 – Roadway Maintenance Fund & State Matching Grant Funds
Attachments 1. SS4A Grant CC Memo
2. SS4A Grant Resolution
To: Honorable Mayor and City Council
Jennifer Levitt, City Administrator
From: Amanda Meyer, PE, City Engineer
Date: May 8, 2024
Re: Safe Streets and Roads for All (SS4A) – Approve Resolution to Apply for Grant
Funding
Background/Discussion
A Bipartisan Infrastructure Law established a discretionary program with $5 billion in appropri-
ated funds for 2022-2026 to help fund projects that help prevent roadway deaths and serious
injuries. The first step in the process is to apply for grant funding to allow the City to hire a
consultant to assist in developing the city’s Safety Action Plan (SAP). The SAP will help to
identify priority areas throughout the community where enhancements could be implemented
to address safety issues. The process of developing the SAP will require community engage-
ment, development of a task force, and additional input to aid in creating the most inclusive
and comprehensive plan. This process will take approximately 1.5 to 2 years until a final SAP
is ready for Council approval and implementation.
During the development of the SAP, demonstration projects and supplemental planning
activities could be implemented. These items could include trial signal timings, open hou ses to
demonstrate how roundabouts work, initial design efforts for a future project, etc.
As part of the grant funding application, the City is requesting $352,000 to help fund the Safety
Action Plan ($200,000), Supplemental Planning Activities ($100,000), and Demonstration
Activities ($52,000). There is a 20 percent match required from the city in order to apply for this
grant opportunity. With the city’s 20 percent match ($88,000), staff would be looking to expend
a total of $440,000 toward implementing the goals of the Safe Streets and Roads for All plan. It
is important to note that there are additional grant funding opportunities through the state to
cover the city’s cost share of this plan and staff intends to apply for those additional dollars
should the SS4A application be approved.
Recommendation
It is recommended that the City Council approve Resolution 2024-081 authorizing the city to
apply for funding from the Safe Streets and Roads for All (SS4A) Grant Program.
CITY OF COTTAGE GROVE, MINNESOTA
CITY COUNCIL
RESOLUTION 2024-081
RESOLUTION AUTHORIZING THE CITY TO APPLY FOR FUNDING FROM THE
SAFE STREETS AND ROADS FOR ALL (SS4A) GRANT PROGRAM
WHEREAS, the United States Department of Transportation (USDOT) recently
announced the availability of $780 million in grant funds through the Safe Street and Roads for
All (SS4A) Grant Program; and
WHEREAS, SS4A funding will be awarded to projects that have significant local or
regional impact; and
WHEREAS, the City of Cottage Grove is seeing incredible growth and modernization; and
WHEREAS, with such rapid growth, it has been a challenge for the City to replace aging
infrastructure and address safety issues all while encouraging a robust period of diverse
population growth and job growth; and
WHEREAS, a successful SS4A application will the result in the development of a Citywide
Safety Action Plan that will identify projects for future implementation that reduce safety risk for
the entire traveling public; and
WHEREAS, a SS4A award would also be utilized on demonstration projects that are
guided and informed by the development of the proposed Safety Action Plan; and
WHEREAS, the City of Cottage Grove has the legal authority and the institutional,
managerial, and financial capacity to ensure the 20 percent local match requirement is met and
adequate use of grant funding in line with SS4A program requirements; and
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Cottage Grove,
County of Washington, State of Minnesota, that the City is hereby authorized to apply for and
execute the necessary documents for the Safe Streets And Roads For All Grant application to
request funding for the development of City Safety Action Plan and the City will honor
the program requirements and funding agreement timeline; and
NOW THEREFORE BE IT FURTHER RESOLVED, the City of Cottage Grove, County of
Washington, State of Minnesota, will provide a 20 percent local match that is equivalent to
$88,000 for a $352,000 award.
Passed this 15th day of May 2024.
Myron Bailey, Mayor
Attest:
Tamara Anderson, City Clerk
1
City Council Action Request
7.K.
Meeting Date 5/15/2024
Department Public Works
Agenda Category Action Item
Title 2024 Joint Crack Sealing – Quote Award
Staff Recommendation Adopt Resolution 2024-082 awarding the 2024 Joint Crack Sealing
Project to the accepted quote supplied by Asphalt Surface
Technologies, Inc. in the amount of $126,440.00, and the
appropriate officials are hereby authorized to sign all necessary
documents to effectuate these actions.
Budget Implication $91,640.00 - Cottage Grove Roadway Maintenance Fund, $34,800 - City of Newport
Attachments 1. Crack Seal Quote CC Memo
2. Crack Seal Quote Resolution
3. Crack Seal Quote Tab
4. Crack Seal Service Agreement
To: Honorable Mayor and City Council
Jennifer Levitt, City Administrator
From: Genevieve Tester, EIT, Graduate Engineer
Date: May 9, 2024
Re: 2024 Joint Crack Sealing – Quote Award
Background
Since 2011, the City of Cottage Grove has been partnering with surrounding communities to
complete crack sealing services on City streets. This is a standard maintenance procedure that
is completed annually to prevent water from infiltrating into the pavement and class 5 base,
extending the life of the street. This year, the City of Newport has partnered with the City of
Cottage Grove on the Joint Crack Sealing Project.
Discussion
The City of Cottage Grove received three Joint Crack Sealing quotes. The following
summarizes the results of the crack sealing quotes. A complete breakdown of the quotes
received is included in the attached quote tab.
Contractor Quoted Amount
Asphalt Surface Technologies, Inc. $126,440.00
Gopher State Sealcoat, Inc. $174,400.00
Fahrner Asphalt Sealers, LLC $217,455.00
The low quote for the project was provided by Asphalt Surface Technologies, Inc. in the
amount of $126,440.00. Cottage Grove will provide 54,500 pounds of sealant to the contractor
for application in the City – 15,000 of which will be used in the City of Newport. Of the total
project costs, $91,640 is paid for by Cottage Grove, and $34,800 is paid for by Newport. Per
the terms of the Joint City Services Agreement, Newport will also pay a 6% contract
administration fee.
Recommendation
It is recommended that the City Council approve Resolution 2024-082 awarding the 2024 Joint
Crack Sealing Project to the accepted quote supplied by Asphalt Surface Technologies, Inc. in
the amount of $126,440.00, and the appropriate officials are hereby authorized to sign all
necessary documents to effectuate these actions.
CITY OF COTTAGE GROVE, MINNESOTA
CITY COUNCIL
RESOLUTION 2024-082
RESOLUTION AWARDING THE 2024 JOINT CRACK SEALING
PROJECT TO ASPHALT SURFACE TECHNOLOGIES, INC.
IN THE AMOUNT OF $126,440.00
WHEREAS, the City of Cottage extended invitations to surrounding cities to
participate in the joint purchase of crack sealing services; and
WHEREAS, the City of Newport agreed to participate with Cottage Grove in the
purchase of crack sealing services; and
WHEREAS, quotes were requested to provide the necessary work; and
WHEREAS, three firms submitted quotes; and
WHEREAS, it appears that Asphalt Surface Technologies, Inc. provided the lowest
accepted quote; and
WHEREAS, it is the recommendation of the City Engineer that the quote be
awarded to Asphalt Surface Technologies, Inc. in the amount of $126,440.00.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Cottage
Grove, County of Washington, State of Minnesota, that the 20 24 Joint Crack Sealing
Project be awarded to Asphalt Surface Technologies, Inc. in the amount of $126,440.00.
Passed this 15th day of May 2024.
Myron Bailey, Mayor
Attest:
Tamara Anderson, City Clerk
Project Name:2024 Joint Crack Sealing Project
Quote Opening:Thursday, May 9, 2024, at 10 AM
Item
Number Item Units Qty.Unit Price Total Unit Price Total Unit Price Total
BASE QUOTE
1 Application of Crafco 535 Joint Sealant LB 54,500 3.99$ 217,455.00$ 3.20$ 174,400.00$ 2.32$ 126,440.00$
TOTAL BASE QUOTE 217,455.00$ 174,400.00$ 126,440.00$
Contractor Name and Address:
6615 US HWY 12 12519 Rhode Island Ave PO Box 1025
Eau Claire, WI 54703 Savage, MN 55378 St Cloud, MN 56302
Fahrner Asphalt Sealers, LLC
QUOTE TABULATION Gopher State Sealcoat, Inc.
Quote No. 1
Fahrner Asphalt Sealers, LLC
Quote No. 3
ASTECH Corp
Asphalt Surface Technologies
Corporation
Quote No. 2
Gopher State Sealcoat, Inc.
1
AGREEMENT FOR SERVICES
2024 JOINT CRACK SEALING PROJECT
THIS AGREEMENT (“Agreement”) is made and executed this _____day of ____________,
2024, by and between the City of Cottage Grove, 12800 Ravine Parkway, Cottage Grove,
Minnesota 55016, (“City”) and Asphalt Surface Technologies, Inc., 8348 Ridgewood Road Saint
Joseph, Minnesota 56374 (“Contractor”).
WHEREAS, the City has accepted the proposal of the Contractor for certain Services; and
WHEREAS, Contractor desires to perform the Services for the City under the terms and
conditions set forth in this Agreement.
NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby
agreed as follows:
1. SERVICES.
a. City agrees to engage Contractor as an independent contractor for the purpose of
performing certain Services (“Services”), as defined in the following document:
i. 2024 Crack Sealing Request for Quotes and proposal dated April 18,
2024, incorporated herein as Exhibit 1.
(Hereinafter “Exhibits.”)
b. Contractor covenants and agrees to provide Services to the satisfaction of the City
in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this
Agreement.
c. Contractor agrees to comply with all federal, state, and local laws and ordinances
applicable to the Services to be performed under this Agreement, including all
safety standards. The Contractor shall be solely and completely responsible for
conditions of the job site, including the safety of all persons and property during
the performance of the Services. The Contractor represents and warrants that it
has the requisite training, skills, and experience necessary to provide the Services
and is appropriately licensed and has obtained all permits from all applicable
agencies and governmental entities.
2. PAYMENT.
a. City agrees to pay the Contractor One Hundred and Twenty-Six Thousand, Four
Hundred and Forty Dollars and Zero Cents ($126,440.00), and the Contractor
agrees to receive and accept payment for Services as set forth in the Exhibits.
2
b. Any changes in the scope of the work of the Services that may result in an
increase to the compensation due the Contractor shall require prior written
approval by the authorized representative of the City or by the City Council. The
City will not pay additional compensation for Services that do not have prior
written authorization.
c. Contractor shall submit itemized bills for Services provided to City on a monthly
basis. Bills submitted shall be paid in the same manner as other claims made to
City.
d. Prior to payment, the Contractor will submit evidence that all payrolls, material
bills, subcontractors and other indebtedness connected with the Services have
been paid as required by the City.
3. TERM. The term of this Agreement is identified in the Exhibits. This Agreement may be
extended upon the written mutual consent of the parties for such additional period as they
deem appropriate, and upon the same terms and conditions as herein stated.
4. BONDS. If the Contract Sum exceeds $100,000, Contractor shall furnish performance
and payments bonds covering faithful performance of all Contract obligations, including
without limitation warranty obligations, and of all payment of obligations arising under
the Contract. The bonds shall each be issued in an amount equal to 100% of the stipulated
sum identified in Section 2 of this Agreement.
5. TERMINATION AND REMEDIES.
a. Termination for Convenience. This Agreement may be terminated by the City
upon 30 days’ written notice delivered to the Contractor at the addresses listed in
Section 15 of this Agreement. Upon termination under this provision, if there is
no default by the Contractor, Contractor shall be paid for Services rendered and
reimbursable expenses through the effective date of termination.
b. Termination Due to Default. This Agreement may be terminated by either party
upon written notice in the event of substantial failure by the other party to perform in
accordance with the terms of this Agreement. The non-performing party shall have
fifteen (15) calendar days from the date of the termination notice to cure or to submit
a plan for cure that is acceptable to the other party.
c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of
liability to the City for damages sustained by the City as a result of any breach of
this Agreement by the Contractor. The City may, in such event, withhold
payments due to the Contractor for the purpose of set-off until such time as the
exact amount of damages due to the City is determined. The rights or remedies
provided for herein shall not limit the City, in case of any default by the
3
Contractor, from asserting any other right or remedy allowed by law, equity, or by
statute.
d. Upon termination of this Agreement, the Contractor shall furnish to the City
copies or duplicate originals of all documents or memoranda prepared for the City
not previously furnished.
6. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the
Services provided for in this Agreement without the express written consent of the City,
unless specifically provided for in the Exhibits. The Contractor shall pay any
subcontractor involved in the performance of this Agreement within the ten (10) days of
the Contractor’s receipt of payment by the City for undisputed services provided by the
subcontractor.
7. STANDARD OF CARE. In performing its Services, Contractor will use that degree of
care and skill ordinarily exercised, under similar circumstances, by reputable members of
its profession in the same locality at the time the Services are provided.
8. INSPECTION OF WORK. All materials and workmanship will be subject to inspection,
examination, and testing by the City, who will have the right to reject defective material
and workmanship or require its correction.
9. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default
of this Agreement for delays in performance caused by circumstances beyond the reasonable
control of the nonperforming party. For purposes of this Agreement, such circumstances
include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire;
epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and
other labor disturbances; sabotage; judicial restraint; and inability to procure permits,
licenses or authorizations from any local, state, or federal agency for any of the supplies,
materials, accesses, or services required to be provided by either City or Contractor under
this Agreement. If such circumstances occur, the nonperforming party shall, within a
reasonable time of being prevented from performing, give written notice to the other party
describing the circumstances preventing continued performance and the efforts being made
to resume performance of this Agreement. Contractor will be entitled to payment for its
reasonable additional charges, if any, due to the delay.
10. CITY’S REPRESENTATIVE. The City has designated Genevieve Tester to act as the
City’s representative with respect to the Services to be performed under this Agreement.
He or she shall have complete authority to transmit instructions, receive information,
interpret, and define the City’s policy and decisions with respect to the Services covered
by this Agreement.
11. PROJECT MANAGER AND STAFFING. The Contractor has designated Dale R.
Strandberg to be the primary contacts for the City in the performance of the Services.
They shall be assisted by other staff members as necessary to facilitate the completion of
4
the Services in accordance with the terms established herein. Contractor may not remove
or replace these designated staff without the approval of the City.
12. INDEMNIFICATION.
a. Contractor and Cities of Cottage Grove and Newport each agree to defend,
indemnify, and hold harmless each other, its agents and employees, from and against
legal liability for all claims, losses, damages, and expenses to the extent such claims,
losses, damages, or expenses are caused by its negligent acts, errors, or omissions.
In the event claims, losses, damages, or expenses are caused by the joint or
concurrent negligence of Contractor and Cities of Cottage Grove and Newport, they
shall be borne by each party in proportion to its own negligence.
b. Contractor shall indemnify the Cities of Cottage Grove and Newport against legal
liability for damages arising out of claims by Contractor’s employees or
subcontractors, including all liens. City shall indemnify Contractor against legal
liability for damages arising out of claims by the City of Cottage Grove’s and
Newport’s employees or subcontractors.
13. INSURANCE. During the performance of the Services under this Agreement, Contractor
shall maintain the following insurance:
a. Commercial General Liability Insurance, with a limit of $2,000,000 for any
number of claims arising out of a single occurrence, pursuant to Minnesota
Statutes, Section 466.04, or as may be amended;
b. Workers’ Compensation Insurance in accordance with statutory requirements.
c. Automobile Liability Insurance, with a combined single limit of $2,000,000 for each
person and $2,000,000 for each accident.
Contractor shall furnish the City with certificates of insurance, which shall include a
provision that such insurance shall not be canceled without written notice to the City.
The Cities of Cottage Grove and Newport shall be named as an additional insured on the
Commercial General Liability Insurance policy.
14. LIQUIDATED DAMAGES. Time is of the essence of this Contract. The City shall be
entitled to damages in the amount of $200.00 per day for failure on the part of the
Contractor to complete the work by the date specified. Liquidated damages shall be
deducted from any amount due to the Contractor by the City, which sum shall constitute
liquidated damages due to the difficulty in establishing actual damages which are
sustained by the City.
15. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and
equipment covered by any invoice, will pass to City no later than the Completion Date.
5
Contractor warrants that all work will be free from defects and that all materials will be
new and of first quality. If within one (1) year after final payment any work or material is
found to be defective, Contractor shall promptly, without cost to the City, correct such
defect.
16. NOTICES. Notices shall be communicated to the following addresses:
If to City: City of Cottage Grove
12800 Ravine Parkway
Cottage Grove, MN 55016
Attention: Genevieve Tester
Or e-mailed: gtester@cottagegrovemn.gov
If to Contractor: Asphalt Surface Technologies, Inc.
PO Box 1025
St. Cloud, MN 56302
Attention: Dale R. Strandberg
Or emailed: astechdoug@hotmail.com
17. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its
officers, agents, and employees pursuant to this Agreement shall be provided as
employees of Contractor or as independent contractors of Contractor and not as
employees of the City for any purpose.
18. GENERAL PROVISIONS.
a. Assignment. This Agreement is not assignable without the mutual written
agreement of the parties.
b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall
be in writing. Such a waiver shall not affect the waiving party’s rights with respect
to any other or further breach.
c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform
Services under this Agreement, Contractor shall not discriminate against any
person by reason of any characteristic protected by state or federal law.
d. Governing Law. This Agreement shall be construed in accordance with the laws
of the State of Minnesota and any action must be venued in Washington County
District Court.
e. Amendments. Any modification or amendment to this Agreement shall require a
written agreement signed by both parties.
6
f. Severability. If any term of this Agreement is found be void or invalid, such
invalidity shall not affect the remaining terms of this Agreement, which shall
continue in full force and effect.
g. Data Practices Compliance. All data collected by the City pursuant to this
Agreement shall be subject to the Minnesota Government Data Practices Act,
Minnesota Statutes, Chapter 13.
h. Entire Agreement. This Agreement constitutes the entire agreement of the parties
and supersedes all prior communications, understandings and agreements relating
to the subject matter hereof, whether oral or written.
19. Responsible Contractor
a. RESPONSIBLE CONTRACTOR
In accordance with Laws of Minnesota, 2014, chapter 253 (Minnesota Statutes
§16C.285), Bidders are hereby advised that the Department cannot award a
construction contract in excess of $50,000 unless the contractor is a “responsible
contractor” as defined in Minnesota Statutes §16C.285, subdivision 3. A bidder
submitting a Proposal for this Project must verify that it meets the minimum
criteria specified in Minnesota Statutes §16C.285, subdivision 3, by completing
the Responsible Contractor Certificate within this Proposal. Statements in the
certificate must be certified by a company officer. Bidders are responsible for
obtaining verifications of compliance from all subcontractors, using a form
provided by the Department. A bidder must submit signed verifications from
subcontractors upon the Department’s request.
A Bidder or subcontractor who does not meet the minimum criteria established
in Minnesota Statutes §16C.285, subdivision 3, or who fails to verify compliance
with the minimum requirements, will not be a “responsible contractor” and will
be ineligible to be awarded the Contract for this Project or to work on this Project.
Bidders and subcontractors are also advised that making a false statement
verifying compliance with any of the minimum criteria will render the Bidder or
subcontractor ineligible to be awarded a construction contract for this Project and
may result in the termination of a contract awarded to a Bidder or subcontractor
that makes a false statement.
b. (1801) SUBLETTING OF CONTRACT
REVISED 2017
The provisions of MnDOT 1801 are modified as follows:
7
For Projects in excess of $50,000, the Contractor may sublet work only to
subcontractors that meet the definition of “responsible contractor” in Minnesota
Statutes §16C.285, subdivision 3. The Contractor is responsible for obtaining
verifications of compliance with §16C.285 from subcontractors using a form
provided by the Department. The Contractor must provide such verifications to
the Department upon the Department’s request.
The third paragraph of MnDOT 1801 is modified to read:
On Contracts with Disadvantaged Business Enterprise (DBE), the Contractor's
organization shall perform Work amounting to not less than 30 percent of the total
original Contract Amount. The Department will deduct specialty items from the
total original Contract Amount before calculating the amount of Work that the
Contractor shall perform.
8
CITY OF COTTAGE GROVE
By:
Myron A. Bailey, Mayor
By:
Tamara Anderson, City Clerk
Date:
9
CONTRACTOR
Signature:
Date:
Name:
Its:
1
City Council Action Request
7.L.
Meeting Date 5/15/2024
Department Public Works
Agenda Category Action Item
Title 2024 Joint Street Striping – Quote Award
Staff Recommendation Adopt Resolution 2024-083 awarding the 2024 Joint Street Striping
project to the lowest accepted quote supplied by Sir Lines-A-Lot,
LLC in the amount of $60,676.03, and the appropriate officials are
hereby authorized to sign all necessary documents to effectuate
these actions.
Budget Implication $51,448.41 - Cottage Grove Roadway Signs Budget, $4,303.22 - City of Newport, and $4,924.40 -
City of St. Paul Park.
Attachments 1. Street Striping Quote Award Memo
2. Street Striping Quote Award Resolution
3. Street Striping Service Agreement
To: Honorable Mayor and City Council
Jennifer Levitt, City Administrator
From: Genevieve Tester, EIT, Graduate Engineer
Date: May 9, 2024
Re: 2024 Joint Street Striping – Quote Award
Background
Each year, the City of Cottage Grove partners with surrounding communities in the contracting
and completion of striping services on City streets. The street striping contract is administered
and coordinated by the City of Cottage Grove. This year, the Cities of Newport and St. Paul
Park have partnered with the City of Cottage Grove on the Joint Street Striping Project.
Discussion
After soliciting for quotes, the City of Cottage Grove received one Joint Street Striping quote.
The results of which follow:
Contractor Quoted Amount
Sir Lines-A-Lot, LLC $60,676.03
The low quote for the project was provided by Sir Lines-A-Lot, LLC in the amount of
$60,676.03. Of the project costs, $51,448.41 is for Cottage Grove, $4,303.22 is for Newport,
and $4,924.40 is for St. Paul Park. Per the terms of the Joint City Services Agreement,
Newport and St. Paul Park will also pay a 6% contract administration fee.
Recommendation
It is recommended the City Council adopt Resolution 2024-083 awarding the 2024 Joint Street
Striping project to the lowest accepted quote supplied by Sir Lines-A-Lot, LLC in the amount of
$60,676.03, and the appropriate officials are hereby authorized to sign all necessary
documents to effectuate these actions.
CITY OF COTTAGE GROVE, MINNESOTA
CITY COUNCIL
RESOLUTION 2024-083
RESOLUTION AWARDING THE 2024 JOINT
STREET STRIPING PROJECT
TO SIR LINES-A-LOT LLC IN THE AMOUNT OF $60,676.03
WHEREAS, the City of Cottage extended invitations to surrounding cities to par -
ticipate in the joint purchase of street striping services; and
WHEREAS, the City of Newport and City of St. Paul Park agreed to participate
with Cottage Grove in the purchase of street striping services; and
WHEREAS, quotes were requested to provide the necessary work; and
WHEREAS, one firm submitted a quote; and
WHEREAS, it appears that Sir Lines-A-Lot LLC provided the lowest accepted
quote; and
WHEREAS, it is the recommendation of the City Engineer that the quote be
awarded to Sir Lines-A-Lot LLC in the amount of $60,676.03.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Cottage
Grove, County of Washington, State of Minnesota, that the 20 24 Joint Street Striping
Project be awarded to Sir Lines-A-Lot LLC in the amount of $60,676.03.
Passed this 15th day of May 2024.
Myron Bailey, Mayor
Attest:
Tamara Anderson, City Clerk
1
AGREEMENT FOR SERVICES
2024 Joint Street Striping Project
THIS AGREEMENT (“Agreement”) is made and executed this ___ day of _______________,
2024, by and between the City of Cottage Grove, 12800 Ravine Parkway, Cottage Grove,
Minnesota 55016, (“City”) and Sir Lines-A-Lot LLC, 7175 Cahill Rd, Edina, MN 55439
(“Contractor”).
WHEREAS, the City has accepted the proposal of the Contractor for certain Services; and
WHEREAS, Contractor desires to perform the Services for the City under the terms and
conditions set forth in this Agreement.
NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby
agreed as follows:
1. SERVICES.
a. City agrees to engage Contractor as an independent contractor for the purpose of
performing certain Services (“Services”), as defined in the following documents:
i. A proposal dated April 25, 2024, incorporated herein as Exhibit 1;
(Hereinafter “Exhibits.”)
b. Contractor covenants and agrees to provide Services to the satisfaction of the City
in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this
Agreement.
c. Contractor agrees to comply with all federal, state, and local laws and ordinances
applicable to the Services to be performed under this Agreement, including all
safety standards. The Contractor shall be solely and completely responsible for
conditions of the job site, including the safety of all persons and property during
the performance of the Services. The Contractor represents and warrants that it
has the requisite training, skills, and experience necessary to provide the Services
and is appropriately licensed and has obtained all permits from all applicable
agencies and governmental entities.
2. PAYMENT.
a. City agrees to pay the Contractor Sixty Thousand and Six Hundred Seventy-Six
Dollars and Three Cents. ($60,676.03), and the Contractor agrees to receive and
accept payment for Services as set forth in the Exhibits.
2
b. Any changes in the scope of the work of the Services that may result in an
increase to the compensation due the Contractor shall require prior written
approval by the authorized representative of the City or by the City Council. The
City will not pay additional compensation for Services that do not have prior
written authorization.
c. Contractor shall submit itemized bills for Services provided to City on a monthly
basis. Bills submitted shall be paid in the same manner as other claims made to
City.
d. Prior to payment, the Contractor will submit evidence that all payrolls, material
bills, subcontractors and other indebtedness connected with the Services have
been paid as required by the City.
3. TERM. The term of this Agreement is identified in the Exhibits. This Agreement may be
extended upon the written mutual consent of the parties for such additional period as they
deem appropriate, and upon the same terms and conditions as herein stated.
4. BONDS. If the Contract Sum exceeds $100,000, Contractor shall furnish performance
and payments bonds covering faithful performance of all Contract obligations, including
without limitation warranty obligations, and of all payment of obligations arising under
the Contract. The bonds shall each be issued in an amount equal to 100% of the stipulated
sum identified in Section 2 of this Agreement.
5. TERMINATION AND REMEDIES.
a. Termination for Convenience. This Agreement may be terminated by the City
upon 30 days’ written notice delivered to the Contractor at the addresses listed in
Section 15 of this Agreement. Upon termination under this provision, if there is
no default by the Contractor, Contractor shall be paid for Services rendered and
reimbursable expenses through the effective date of termination.
b. Termination Due to Default. This Agreement may be terminated by either party
upon written notice in the event of substantial failure by the other party to perform in
accordance with the terms of this Agreement. The non-performing party shall have
fifteen (15) calendar days from the date of the termination notice to cure or to submit
a plan for cure that is acceptable to the other party.
c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of
liability to the City for damages sustained by the City as a result of any breach of
this Agreement by the Contractor. The City may, in such event, withhold
payments due to the Contractor for the purpose of set-off until such time as the
exact amount of damages due to the City is determined. The rights or remedies
provided for herein shall not limit the City, in case of any default by the
3
Contractor, from asserting any other right or remedy allowed by law, equity, or by
statute.
d. Upon termination of this Agreement, the Contractor shall furnish to the City
copies or duplicate originals of all documents or memoranda prepared for the City
not previously furnished.
6. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the
Services provided for in this Agreement without the express written consent of the City,
unless specifically provided for in the Exhibits. The Contractor shall pay any
subcontractor involved in the performance of this Agreement within the ten (10) days of
the Contractor’s receipt of payment by the City for undisputed services provided by the
subcontractor.
7. STANDARD OF CARE. In performing its Services, Contractor will use that degree of
care and skill ordinarily exercised, under similar circumstances, by reputable members of
its profession in the same locality at the time the Services are provided.
8. INSPECTION OF WORK. All materials and workmanship will be subject to inspection,
examination, and testing by the City, who will have the right to reject defective material
and workmanship or require its correction.
9. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default
of this Agreement for delays in performance caused by circumstances beyond the reasonable
control of the nonperforming party. For purposes of this Agreement, such circumstances
include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire;
epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and
other labor disturbances; sabotage; judicial restraint; and inability to procure permits,
licenses or authorizations from any local, state, or federal agency for any of the supplies,
materials, accesses, or services required to be provided by either City or Contractor under
this Agreement. If such circumstances occur, the nonperforming party shall, within a
reasonable time of being prevented from performing, give written notice to the other party
describing the circumstances preventing continued performance and the efforts being made
to resume performance of this Agreement. Contractor will be entitled to payment for its
reasonable additional charges, if any, due to the delay.
10. CITY’S REPRESENTATIVE. The City has designated Genevieve Tester to act as the
City’s representative with respect to the Services to be performed under this Agreement.
He or she shall have complete authority to transmit instructions, receive information,
interpret, and define the City’s policy and decisions with respect to the Services covered
by this Agreement.
11. PROJECT MANAGER AND STAFFING. The Contractor has designated Chaise
VanOverbeke to be the primary contact for the City in the performance of the Services.
They shall be assisted by other staff members as necessary to facilitate the completion of
4
the Services in accordance with the terms established herein. Contractor may not remove
or replace these designated staff without the approval of the City.
12. INDEMNIFICATION.
a. Contractor and City and City of St. Paul Park, and City of Newport each agree to
defend, indemnify, and hold harmless each other, its agents and employees, from
and against legal liability for all claims, losses, damages, and expenses to the extent
such claims, losses, damages, or expenses are caused by its negligent acts, errors, or
omissions. In the event claims, losses, damages, or expenses are caused by the joint
or concurrent negligence of Contractor and City or City of St. Paul Park, or City of
Newport they shall be borne by each party in proportion to its own negligence.
b. Contractor shall indemnify City, City of St. Paul Park, and City of Newport against
legal liability for damages arising out of claims by Contractor’s employees or
subcontractors, including all liens. City, City of St. Paul Park, and City of Newport
shall indemnify Contractor against legal liability for damages arising out of claims
by City’s, City of St. Paul Park’s, or City of Newport’s employees or subcontractors.
13. INSURANCE. During the performance of the Services under this Agreement, Contractor
shall maintain the following insurance:
a. Commercial General Liability Insurance, with a limit of $2,000,000 for any
number of claims arising out of a single occurrence, pursuant to Minnesota
Statutes, Section 466.04, or as may be amended;
b. Workers’ Compensation Insurance in accordance with statutory requirements.
c. Automobile Liability Insurance, with a combined single limit of $2,000,000 for each
person and $2,000,000 for each accident.
Contractor shall furnish the City with certificates of insurance, which shall include a
provision that such insurance shall not be canceled without written notice to the City. The
Cities of Cottage Grove, St. Paul Park, and Newport shall be named as an additional
insured on the Commercial General Liability Insurance policy.
14. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and
equipment covered by any invoice, will pass to City no later than the Completion Date.
Contractor warrants that all work will be free from defects and that all materials will be
new and of first quality. If within one (1) year after final payment any work or material is
found to be defective, Contractor shall promptly, without cost to the City, correct such
defect.
5
15. NOTICES. Notices shall be communicated to the following addresses:
If to City: City of Cottage Grove
12800 Ravine Parkway
Cottage Grove, MN 55016
Attention: Genevieve Tester
Or e-mailed: gtester@cottagegrovemn.gov
If to Contractor: Sir Lines-A-Lot LLC
7175 Cahill Rd
Edina, MN 55439
Attention: Chaise VanOverbeke
Or emailed: chaise.vanoverbeke@linesalot.com
16. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its
officers, agents and employees pursuant to this Agreement shall be provided as
employees of Contractor or as independent contractors of Contractor and not as
employees of the City for any purpose.
17. GENERAL PROVISIONS.
a. Assignment. This Agreement is not assignable without the mutual written
agreement of the parties.
b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall
be in writing. Such a waiver shall not affect the waiving party’s rights with respect
to any other or further breach.
c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform
Services under this Agreement, Contractor shall not discriminate against any
person by reason of any characteristic protected by state or federal law.
d. Governing Law. This Agreement shall be construed in accordance with the laws
of the State of Minnesota and any action must be venued in Washington County
District Court.
e. Amendments. Any modification or amendment to this Agreement shall require a
written agreement signed by both parties.
f. Severability. If any term of this Agreement is found be void or invalid, such
invalidity shall not affect the remaining terms of this Agreement, which shall
continue in full force and effect.
6
g. Data Practices Compliance. All data collected by the City pursuant to this
Agreement shall be subject to the Minnesota Government Data Practices Act,
Minnesota Statutes, Chapter 13.
h. Entire Agreement. This Agreement constitutes the entire agreement of the parties
and supersedes all prior communications, understandings and agreements relating
to the subject matter hereof, whether oral or written.
7
CITY OF COTTAGE GROVE
By:
Myron A. Bailey, Mayor
By:
Tamara Anderson, City Clerk
Date:
8
CONTRACTOR
Signature:
Name:
Date:
Its:
1
City Council Action Request
8.A.
Meeting Date 5/15/2024
Department Finance
Agenda Category Action Item
Title Approved disbursements from 4/26/2024 through 5/8/2024 in the
amount of $4,386,017.99
Staff Recommendation Approve disbursements
Budget Implication N/A
Attachments 1. Expense Approval Report 05-15-2024 Council Meeting
2. Payroll Check Register 05-15-2024 Council Meeting
5/8/2024 4:00:04 PM Page 1 of 36
Expense Approval Report
Cottage Grove By Vendor Name
Payment Dates 4/26/2024 - 5/8/2024
AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item)
Vendor: VEN00807 - 61 MARINE & SPORTS
32.248732605/08/202422325061 MARINE & SPORTS ROCKER SWITCH - 8711/37388
Vendor VEN00807 - 61 MARINE & SPORTS Total:32.24
Vendor: VEN01003 - ABC RENTALS INC
3,601.0029590305/08/202418156ABC RENTALS INC TENT/STAGE RENTAL-
DELIVERY-SETUP-HAL…
Vendor VEN01003 - ABC RENTALS INC Total:3,601.00
Vendor: VEN20033 - ACUSHNET COMPANY
4,102.6891700516505/01/2024223178ACUSHNET COMPANY PROSHOP MERCHANDISE
Vendor VEN20033 - ACUSHNET COMPANY Total:4,102.68
Vendor: VEN01187 - ADVANCED GRAPHIX INC
100.0021394405/01/2024223179ADVANCED GRAPHIX INC LICENSE PLATES FOR VEHICLES
Vendor VEN01187 - ADVANCED GRAPHIX INC Total:100.00
Vendor: VEN30583 - ALEX AIR APPARATUS 2 LLC
1,124.67814405/01/2024223180ALEX AIR APPARATUS 2 LLC ANNUAL COMPRESSOR
SERVICE AND AIR QUALITY
TEST
Vendor VEN30583 - ALEX AIR APPARATUS 2 LLC Total:1,124.67
Vendor: VEN33229 - AMAZON FULFILLMENT SERVICES, INC.
215.961XJM-LMN1-9G6L05/08/202418157AMAZON FULFILLMENT SERVI…FOLDING A-FRAME SIDEWALK
SIGN
65.9511MJ-W6XV-6X1L05/01/202418093AMAZON FULFILLMENT SERVI…DRY ERASE
BOARD/LANYARDS/CLIPBOARD
S/MARKERA
127.0311MJ-W6XV-6X1L05/01/202418093AMAZON FULFILLMENT SERVI…DRY ERASE
BOARD/LANYARDS/CLIPBOARD
S/MARKERA
127.941FV4-YMG6-PM6C05/01/202418093AMAZON FULFILLMENT SERVI…SOAP/ UMBRELLA FOR PATIO
84.991HX1-WDML-1FQ405/01/202418093AMAZON FULFILLMENT SERVI…REPLACEMENT KEYBOARD
31.161LM7-C6Q7-1F1K05/01/202418093AMAZON FULFILLMENT SERVI…SILVER OXIDE BATTERY
334.001T3W-11PC-CKXR05/01/202418093AMAZON FULFILLMENT SERVI…CHAIRS FOR RSO ON THE
RANGE
77.0014LD-17CR-39G305/01/202418093AMAZON FULFILLMENT SERVI…PHONE CASES
167.8814TG-1HRT-7T3Y05/01/202418093AMAZON FULFILLMENT SERVI…GARAGE DOOR OPENER
1,013.4719KH-LWMC-DKHY05/01/202418093AMAZON FULFILLMENT SERVI…SOCKET PLATE/BADGE
REELS/G4-PRO CAMERA/HARD
DRIVE
-8.381L67-16PP-4TW605/08/202418157AMAZON FULFILLMENT SERVI…RETURN CREDIT
199.001M9M-C7WV-7KKC05/01/202418093AMAZON FULFILLMENT SERVI…NEUTRAL FLOOR CLEANER 2.5
GALLONS
14.991TPL-3KHY-91YL05/08/202418157AMAZON FULFILLMENT SERVI…ARMBANDS FOR MEDICATION
25.481WTC-P631-PJ7K05/01/202418093AMAZON FULFILLMENT SERVI…iPHONE CHARGER
156.891PNQ-3CN9-LPJT05/08/202418157AMAZON FULFILLMENT SERVI…PENCILS
400.801R97-T69F-C4R305/08/202418157AMAZON FULFILLMENT SERVI…SURGE PROTECTOR- HOME
SAFETY PROGRAM
33.841NWV-G7YC-P9WC05/08/202418157AMAZON FULFILLMENT SERVI…ENVELOPES
199.5913QG-M7JK-RXQH05/08/202418157AMAZON FULFILLMENT SERVI…GOLF PENCILS
341.151RMY-PYV1-YW6Y05/08/202418157AMAZON FULFILLMENT SERVI…OUTDOOE SCOREBOARD
KEEPER
53.491JRH-YRR1-7FKN05/08/202418157AMAZON FULFILLMENT SERVI…GRILL SCRAPPER/MAGNETIC
SIGN HOLDER
127.961FWN-DQYH-CDT705/08/202418157AMAZON FULFILLMENT SERVI…LAMINATOR
MACHINE/CANDLES/TRASH
CAN/FAN
-21.191G64-6R73-G7X605/08/202418157AMAZON FULFILLMENT SERVI…REFUND SHIPPING CHARGES
Expense Approval Report Payment Dates: 4/26/2024 - 5/8/2024
5/8/2024 4:00:04 PM Page 2 of 36
AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item)
116.8514WT-9YPM-417K05/08/202418157AMAZON FULFILLMENT SERVI…DRESS HANGERS
71.161QFV-KMRG-JPNG05/08/202418157AMAZON FULFILLMENT SERVI…BULLETIN BOARD
Vendor VEN33229 - AMAZON FULFILLMENT SERVICES, INC. Total:3,957.01
Vendor: VEN36038 - AMY SCHWEIGERT
1,980.00106405/08/2024223251AMY SCHWEIGERT CGPD THERAPY/MONTHLY
RETAINER- FEB/MAR/APR
Vendor VEN36038 - AMY SCHWEIGERT Total:1,980.00
Vendor: VEN34977 - ARAMARK UNIFORM & CAREER APPAREL GROUP INC
394.97250043057105/01/202418094ARAMARK UNIFORM & CAREE…RESTAURANT LINEN/SUPPLIES
SVCS
341.99250043460705/01/202418094ARAMARK UNIFORM & CAREE…RESTAURANT LINEN/SUPPLIES
SVCS
394.95250043859305/01/202418094ARAMARK UNIFORM & CAREE…RESTAURANT LINEN/SUPPLIES
SVCS
Vendor VEN34977 - ARAMARK UNIFORM & CAREER APPAREL GROUP INC Total:1,131.91
Vendor: VEN30781 - ARDEN TITLE LLC
32.662024042405/06/2024223231ARDEN TITLE LLC REFUND UB ACCT#800048120-
6758 PINE CREST TRL S
Vendor VEN30781 - ARDEN TITLE LLC Total:32.66
Vendor: VEN36312 - ARMOURER'S CHOICE LLC
8,128.35210205/08/2024223252ARMOURER'S CHOICE LLC IIIA HELMETS, HIGH CUT,
MD/LG
4,004.00210205/08/2024223252ARMOURER'S CHOICE LLC IIIA HELMETS, HIGH CUT, XL
Vendor VEN36312 - ARMOURER'S CHOICE LLC Total:12,132.35
Vendor: VEN01017 - ASPEN EQUIPMENT COMPANY
5,118.39PSO059933-105/01/2024223181ASPEN EQUIPMENT COMPANY INSURANCE CLAIM#CA340501
- FA#3450 - 4001/37202
-727.81PSR002468-105/01/2024223181ASPEN EQUIPMENT COMPANY INSURANCE CLAIM#CA340501-
FA#3450 - 4001/37202
Vendor VEN01017 - ASPEN EQUIPMENT COMPANY Total:4,390.58
Vendor: VEN02001 - BAILEY NURSERIES, INC.
41.63INV068946605/01/202418095BAILEY NURSERIES, INC.TREE TAGS FOR ARBOR DAY
4,547.00INV069086705/08/202418158BAILEY NURSERIES, INC.ARBOR DAY TREE GIVEWAY -
TREES
Vendor VEN02001 - BAILEY NURSERIES, INC. Total:4,588.63
Vendor: VEN29278 - BAUER BUILT TIRE
528.7118030075705/01/2024223182BAUER BUILT TIRE 225/70R195 G AGILIS HD Z
TIRES - STOCK
-528.7118030091905/01/2024223182BAUER BUILT TIRE CREDIT - INV#180300757
INCORRECT INVOICE
873.5718030092105/01/2024223182BAUER BUILT TIRE 225/70R195 G AGILIS HD Z
TIRES - STOCK
933.1351802640205/08/2024223253BAUER BUILT TIRE AMBULANCE TIRES - STOCK
Vendor VEN29278 - BAUER BUILT TIRE Total:1,806.70
Vendor: VEN33625 - BAYCOM, INC
15.00EQUIPINV_04913605/08/202418159BAYCOM, INC CRADLEPOINT GPIO POWER
SUPPLY
411.00EQUIPINV_04913605/08/202418159BAYCOM, INC PANORAMA GP-IN2680
2,642.00EQUIPINV_04913605/08/202418159BAYCOM, INC CRADLEPOINT R1900-5GB
ROUTER
Vendor VEN33625 - BAYCOM, INC Total:3,068.00
Vendor: VEN02096 - BEACON ATHLETICS LLC
3,880.00590500-IN05/01/202418096BEACON ATHLETICS LLC GLACIAL VALLEY PICKLEBALL
Vendor VEN02096 - BEACON ATHLETICS LLC Total:3,880.00
Vendor: VEN36860 - BEAUDRY OIL & SERVICE INC
7,123.60262076005/01/2024223183BEAUDRY OIL & SERVICE INC 2300.20 GAL DYED DIESEL
5,185.15262076105/01/2024223183BEAUDRY OIL & SERVICE INC 2000 GAL UNLEADED
GASOLINE
Expense Approval Report Payment Dates: 4/26/2024 - 5/8/2024
5/8/2024 4:00:04 PM Page 3 of 36
AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item)
4,254.85262799705/08/2024223254BEAUDRY OIL & SERVICE INC 1,500 GAL UNLEADED
GASOLINE
Vendor VEN36860 - BEAUDRY OIL & SERVICE INC Total:16,563.60
Vendor: VEN02019 - BECKER ARENA PRODUCTS INC
260.5961233505/08/202418160BECKER ARENA PRODUCTS INC BOLTS/SCREWS/FASTENERS
76.4361236505/08/202418160BECKER ARENA PRODUCTS INC EDGER BLADE
Vendor VEN02019 - BECKER ARENA PRODUCTS INC Total:337.02
Vendor: VEN34204 - BENEFIT EXTRAS, INC.
983.1512200005/08/202418161BENEFIT EXTRAS, INC. FEES - COBRA/RETIREE
BILLING/HRA & FLEX ADMIN-
MAY
Vendor VEN34204 - BENEFIT EXTRAS, INC. Total:983.15
Vendor: VEN35312 - BERMUDA SANDS APPAREL LLC
4,994.9611832805/01/2024223184BERMUDA SANDS APPAREL LLC PROSHOP APPAREL
Vendor VEN35312 - BERMUDA SANDS APPAREL LLC Total:4,994.96
Vendor: VEN32569 - BERTELSON BROTHERS, INC
179.49M-65575303/31/202405/01/202418097BERTELSON BROTHERS, INC MARCH OFFICE SUPPLIES
111.64M-65575303/31/202405/01/202418097BERTELSON BROTHERS, INC MARCH OFFICE SUPPLIES
217.38M-65575303/31/202405/01/202418097BERTELSON BROTHERS, INC MARCH OFFICE SUPPLIES
Vendor VEN32569 - BERTELSON BROTHERS, INC Total:508.51
Vendor: VEN33122 - BIRCH TREE CARE, LLC
595.305712605/08/2024223255BIRCH TREE CARE, LLC FORESTRY TREE PROJECT -6800
IDSEN AVE
Vendor VEN33122 - BIRCH TREE CARE, LLC Total:595.30
Vendor: VEN02288 - BOUND TREE MEDICAL, LLC
1,335.588531069305/01/202418098BOUND TREE MEDICAL, LLC EMS SUPPLIES
20.008531340105/01/202418098BOUND TREE MEDICAL, LLC EMS SUPPLIES
58.998531514705/01/202418098BOUND TREE MEDICAL, LLC EMS SUPPLIES
Vendor VEN02288 - BOUND TREE MEDICAL, LLC Total:1,414.57
Vendor: VEN02306 - BRAUN INTERTEC CORPORATION
46,581.00B38127205/08/202418162BRAUN INTERTEC CORPORATI…INTERMEDIATE ZONE WATER
TREATMENT PLANT
-42,683.50CN1000921905/08/202418162BRAUN INTERTEC CORPORATI…INTERMEDIATE ZONE WATER
TREATMENT PLANT
Vendor VEN02306 - BRAUN INTERTEC CORPORATION Total:3,897.50
Vendor: VEN35273 - BREAKTHRU BEVERAGE MINNESOTA BEER LLC
1,370.2011530245905/01/2024223185BREAKTHRU BEVERAGE MINN…BEER FOR CLUBHOUSE
60.4011530246005/01/2024223185BREAKTHRU BEVERAGE MINN…BEER FOR CLUBHOUSE
298.0011530587405/01/2024223185BREAKTHRU BEVERAGE MINN…BEER FOR CLUBHOUSE
Vendor VEN35273 - BREAKTHRU BEVERAGE MINNESOTA BEER LLC Total:1,728.60
Vendor: VEN34411 - BRIOFORM MARKETING INC
91.3612771305/08/202418163BRIOFORM MARKETING INC POSTERS
Vendor VEN34411 - BRIOFORM MARKETING INC Total:91.36
Vendor: VEN33107 - BURGGRAF'S ACE HARDWARE OF COTTAGE GROVE CO.
3.99600605/01/2024223186BURGGRAF'S ACE HARDWARE…CAP 1" COPPER - WELL #10
40.62600705/01/2024223186BURGGRAF'S ACE HARDWARE…FASTENERS - 3145/37405
17.98601105/01/2024223186BURGGRAF'S ACE HARDWARE…WASP/HORNET KILL
191.92601705/01/2024223186BURGGRAF'S ACE HARDWARE…PROPANE
2.20602205/01/2024223186BURGGRAF'S ACE HARDWARE…FASTENERS - WELL #10
Vendor VEN33107 - BURGGRAF'S ACE HARDWARE OF COTTAGE GROVE CO. Total:256.71
Vendor: VEN36317 - BURNET TITLE
57.422024042405/06/2024223232BURNET TITLE REFUND UB ACCT# 800049785
8957 91ST ST S
Vendor VEN36317 - BURNET TITLE Total:57.42
Vendor: VEN32194 - CAPSTONE HOMES, INC
18.512024042405/06/202418144CAPSTONE HOMES, INC REFUND UB ACCT#800050001-
6897 91ST COVE S
Expense Approval Report Payment Dates: 4/26/2024 - 5/8/2024
5/8/2024 4:00:04 PM Page 4 of 36
AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item)
47.972024042405/06/202418144CAPSTONE HOMES, INC REFUND UB ACCT#800049343-
6800 91ST ST S
Vendor VEN32194 - CAPSTONE HOMES, INC Total:66.48
Vendor: VEN03059 - CENTURY COLLEGE
4,550.00121873605/01/202418099CENTURY COLLEGE FIRE TRAINING-
N.ARRIGONI,C.FLORES,B.EKREN
,M.DANDL
2,250.00121882505/01/202418099CENTURY COLLEGE FIRE TRAINING- C.VIERLING,
J.JOHNSON, S. ANDERSON
6,135.00122141005/08/202418164CENTURY COLLEGE FIRE TRAINING - S. SCHREINER,
R. ERICKSON,J. ALLEN
Vendor VEN03059 - CENTURY COLLEGE Total:12,935.00
Vendor: VEN29526 - CENTURY LINK
64.10333523073 MAY 2405/08/2024223256CENTURY LINK MAY 2024 ACCT 333523073
292.53333691208 MAY 2405/08/2024223256CENTURY LINK MAY 2024 ACCT 333691208
64.10333785026 MAY 2405/08/2024223256CENTURY LINK MAY 2024 ACCT 333785026
136.92333952332 MAY 2405/08/2024223256CENTURY LINK MAY 2024 ACCT 333952332
335.83334024018 MAY 2405/08/2024223256CENTURY LINK MAY 2024 ACCT 334024018
178.52651 459-2560 545 MAY 2405/08/2024223256CENTURY LINK MAY 2024 ACCT 651 459-2560
545
Vendor VEN29526 - CENTURY LINK Total:1,072.00
Vendor: VEN33565 - CINTAS CORPORATION NO. 2
88.55418919668705/01/202418100CINTAS CORPORATION NO. 2 RIVER OAKS UNIFORM SVC
6.81418934859705/01/202418100CINTAS CORPORATION NO. 2 PW UNIFORM SVC
52.40418934859705/01/202418100CINTAS CORPORATION NO. 2 PW UNIFORM SVC
72.40418934859705/01/202418100CINTAS CORPORATION NO. 2 PW UNIFORM SVC
52.40418934859705/01/202418100CINTAS CORPORATION NO. 2 PW UNIFORM SVC
95.76418991905405/01/202418100CINTAS CORPORATION NO. 2 RIVER OAKS UNIFORM SVC
6.81419006444405/08/202418165CINTAS CORPORATION NO. 2 PW UNIFORM SVC
7.88419006444405/08/202418165CINTAS CORPORATION NO. 2 PW UNIFORM SVC
58.04419006444405/08/202418165CINTAS CORPORATION NO. 2 PW UNIFORM SVC
7.88419006444405/08/202418165CINTAS CORPORATION NO. 2 PW UNIFORM SVC
88.55419063528105/08/202418165CINTAS CORPORATION NO. 2 RIVER OAKS UNIFORM SVC
Vendor VEN33565 - CINTAS CORPORATION NO. 2 Total:537.48
Vendor: VEN03907 - CITY OF ST PAUL
300.00IN5809005/08/2024223257CITY OF ST PAUL PDI TRAINING - LEADING
WITHOUT RANK - S. WHELAN
Vendor VEN03907 - CITY OF ST PAUL Total:300.00
Vendor: VEN03057 - CITY OF WOODBURY
900.0024-015505/01/2024223187CITY OF WOODBURY REMOTE MONITORING -
OUTDOOR SIREN WARNING
EQUIP.
Vendor VEN03057 - CITY OF WOODBURY Total:900.00
Vendor: VEN03183 - COLLEGE CITY BEVERAGE, INC.
2,688.20101696905/08/202418166COLLEGE CITY BEVERAGE, INC.BEER FOR CLUBHOUSE
Vendor VEN03183 - COLLEGE CITY BEVERAGE, INC. Total:2,688.20
Vendor: VEN32389 - COMCAST
7,282.6619973321305/01/2024223188COMCAST CENTRAL FIRE FIBER
ACCT#939010329-4/15/24-
5/14/24
Vendor VEN32389 - COMCAST Total:7,282.66
Vendor: VEN32321 - COMPASS MINERALS AMERICA INC
2,394.77132438305/01/2024223189COMPASS MINERALS AMERIC…ROAD SALT
37,260.32132783605/08/2024223258COMPASS MINERALS AMERIC…2024 BULK ROAD SALT $94.88
PER TON
10,492.78132831805/08/2024223258COMPASS MINERALS AMERIC…2024 BULK ROAD SALT $94.88
PER TON
Vendor VEN32321 - COMPASS MINERALS AMERICA INC Total:50,147.87
Expense Approval Report Payment Dates: 4/26/2024 - 5/8/2024
5/8/2024 4:00:04 PM Page 5 of 36
AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item)
Vendor: VEN03037 - COTTAGE GROVE AREA CHAMBER OF COMMERCE
1,200.00814205/01/202418101COTTAGE GROVE AREA CHAM…EARLY BIRD FOURSOME
500.00814205/01/202418101COTTAGE GROVE AREA CHAM…GOLF CLASSIC SPONSOR
Vendor VEN03037 - COTTAGE GROVE AREA CHAMBER OF COMMERCE Total:1,700.00
Vendor: VEN29508 - COTTAGE GROVE POLICE FEDERATION
1,760.00INV02565005/01/202418102COTTAGE GROVE POLICE FED…5/2/2024 BIWEEKLY PAYROLL-
4/8/24 - 4/21/24
Vendor VEN29508 - COTTAGE GROVE POLICE FEDERATION Total:1,760.00
Vendor: VEN35328 - CROSS NURSERIES INC
2,736.655157405/08/2024223259CROSS NURSERIES INC ARBOR DAY TREES- PARK
PLANTING
Vendor VEN35328 - CROSS NURSERIES INC Total:2,736.65
Vendor: VEN03011 - CRYSTEEL TRUCK EQUIPMENT INC
10,574.00F5175205/08/202418167CRYSTEEL TRUCK EQUIPMENT …PARKS PICKUP V-PLOW
10,574.00F5175305/08/202418167CRYSTEEL TRUCK EQUIPMENT …PARKS PICKUP V-PLOW
Vendor VEN03011 - CRYSTEEL TRUCK EQUIPMENT INC Total:21,148.00
Vendor: VEN03012 - CUB FOODS
13.3116130505576905/01/2024223190CUB FOODS SUPPLIES FOR CLUBHOUSE
67.1916130505576905/01/2024223190CUB FOODS FOOD FOR CLUBHOUSE
37.8016130403187905/01/2024223190CUB FOODS FOOD FOR CLUBHOUSE
14.1116130505595505/01/2024223190CUB FOODS FOOD FOR CLUBHOUSE
14.1816130505689505/08/2024223260CUB FOODS FOOD FOR CLUBHOUSE
137.7816130605955505/08/2024223260CUB FOODS FOOD FOR CLUBHOUSE
15.0216130712142405/08/2024223260CUB FOODS FOOD FOR CLUBHOUSE
Vendor VEN03012 - CUB FOODS Total:299.39
Vendor: VEN03013 - CULLIGAN-MILBERT COMPANY
47.55157X0220070205/08/2024223261CULLIGAN-MILBERT COMPANY SOLAR SALT
32.35157X0221370505/08/2024223261CULLIGAN-MILBERT COMPANY SOLAR SALT
Vendor VEN03013 - CULLIGAN-MILBERT COMPANY Total:79.90
Vendor: VEN03051 - CUSHMAN MOTOR COMPANY INC
764.6620984705/08/2024223262CUSHMAN MOTOR COMPANY …STEERING CYLINDER -
8409/37345
Vendor VEN03051 - CUSHMAN MOTOR COMPANY INC Total:764.66
Vendor: VEN04013 - DAKOTA COUNTY TECHNICAL COLLEGE
400.00122060205/01/2024223191DAKOTA COUNTY TECHNICAL …PURSUIT/PIT/TVI REFRESHER -
R. SWANSON
Vendor VEN04013 - DAKOTA COUNTY TECHNICAL COLLEGE Total:400.00
Vendor: VEN04250 - DAKOTA UNLIMITED, INC
947.7941138605/08/2024223263DAKOTA UNLIMITED, INC VINYL DECALS -PARKS
Vendor VEN04250 - DAKOTA UNLIMITED, INC Total:947.79
Vendor: VEN34252 - DAN ANSELMENT
117.172024042405/08/2024223264DAN ANSELMENT REIMBURSEMENT- MN CHIEF
CONF ETI EXPO- D.ANSELMENT
Vendor VEN34252 - DAN ANSELMENT Total:117.17
Vendor: VEN36996 - DAVID HALVORSON
58.542024042405/08/2024223265DAVID HALVORSON REFUND UB ACCT# 108973633
7793 INSKIP TRL S
Vendor VEN36996 - DAVID HALVORSON Total:58.54
Vendor: VEN33289 - EBERT, INC.
2,629.052163493005/08/2024223266EBERT, INC.PYMT #12 - GLACIAL VALLEY
PARK BUILDING
20,835.632163495705/08/2024223266EBERT, INC.PYMT #13 & FINAL - GLACIAL
VALLEY PARK BUILDING
Vendor VEN33289 - EBERT, INC. Total:23,464.68
Vendor: VEN30018 - EDINA REALTY TITLE
39.302024042405/06/2024223233EDINA REALTY TITLE REFUND UB ACCT# 800049338
6399 JEFFREY AVE S
Expense Approval Report Payment Dates: 4/26/2024 - 5/8/2024
5/8/2024 4:00:04 PM Page 6 of 36
AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item)
6.492024042405/06/2024223233EDINA REALTY TITLE REFUND UB ACCT#101329285 -
FILE#2146318
Vendor VEN30018 - EDINA REALTY TITLE Total:45.79
Vendor: VEN06020 - ELLIOTT AUTO SUPPLY
-42.2574-32949005/01/202418103ELLIOTT AUTO SUPPLY CREDIT - INV#74-328768
DEFECTIVE FILTER
-26.7274-32993605/01/202418103ELLIOTT AUTO SUPPLY CREDIT - INV#74-
327866,327865,1-
941660,9416537 RTN
-1.9774-32993805/01/202418103ELLIOTT AUTO SUPPLY CREDIT - INV# 165-027705
RTRN FILTER
12.421-957178005/01/202418103ELLIOTT AUTO SUPPLY OIL FILTER - STOCK
6.2174-33038405/01/202418103ELLIOTT AUTO SUPPLY OIL FILTER - STOCK
181.191-Z3529705/01/202418103ELLIOTT AUTO SUPPLY BATTERY - STOCK
15.8474-33082905/01/202418103ELLIOTT AUTO SUPPLY OIL FILTER - STOCK
23.531-959247805/01/202418103ELLIOTT AUTO SUPPLY FUEL FILTER, HYDR FILTER -
8706/37381
19.6674-33078105/01/202418103ELLIOTT AUTO SUPPLY OIL FILTER, OUTER SEAL -
8706/37381
197.1974-33121405/01/202418103ELLIOTT AUTO SUPPLY BATTERY - STOCK
135.241-962270905/08/202418168ELLIOTT AUTO SUPPLY ANTI-FREEZE - 3148/37413
-16.001-Z3541905/01/202418103ELLIOTT AUTO SUPPLY CREDIT - BATTERY CORE
241.1274-33159005/01/202418103ELLIOTT AUTO SUPPLY BATTERY - STOCK
-28.001-Z3548005/08/202418168ELLIOTT AUTO SUPPLY CREDIT - CORE RETURN
120.5674-33179205/08/202418168ELLIOTT AUTO SUPPLY BATTERY - STOCK
Vendor VEN06020 - ELLIOTT AUTO SUPPLY Total:838.02
Vendor: VEN32508 - EMERGENCY SERVICES MARKETING CORP, INC
660.0024-4019505/01/2024223192EMERGENCY SERVICES MARK…EMERGENCY RESPONSE
SYSTEM- 4/3/24- 4/2/25
Vendor VEN32508 - EMERGENCY SERVICES MARKETING CORP, INC Total:660.00
Vendor: VEN35861 - ENVIRONMENTAL PRODUCTS & ACCESSORIES LLC
154.8727081605/08/2024223267ENVIRONMENTAL PRODUCTS…LEADER HOSE - SEWER
Vendor VEN35861 - ENVIRONMENTAL PRODUCTS & ACCESSORIES LLC Total:154.87
Vendor: VEN32691 - ETERNITY HOMES LLC
132.202024042405/06/202418145ETERNITY HOMES LLC REFUND UB ACCT#800050944-
6199 HAMLET AVE S
Vendor VEN32691 - ETERNITY HOMES LLC Total:132.20
Vendor: VEN29436 - EXECUTIVE TITLE SERVICES, INC
41.372024042405/06/2024223234EXECUTIVE TITLE SERVICES, INC REFUND UB ACCT# 800048278
7099 61ST ST S
Vendor VEN29436 - EXECUTIVE TITLE SERVICES, INC Total:41.37
Vendor: VEN31385 - FARMER BROS CO
135.909425422905/01/2024223193FARMER BROS CO COFFEE FOR RESALE
Vendor VEN31385 - FARMER BROS CO Total:135.90
Vendor: VEN14433 - FERGUSON WATERWORKS #2518
1,022.5252816105/01/2024223194FERGUSON WATERWORKS #2…CURB BOX SUPPLIES - PARKS
Vendor VEN14433 - FERGUSON WATERWORKS #2518 Total:1,022.52
Vendor: VEN06092 - FERRELLGAS LP
63.95112645148005/08/202418169FERRELLGAS LP PROPANE-ICE
108.65112647099905/08/202418169FERRELLGAS LP PROPANE-ICE
70.75112658446905/08/202418169FERRELLGAS LP PROPANE-ICE
Vendor VEN06092 - FERRELLGAS LP Total:243.35
Vendor: VEN34368 - FIRE LOSS MANGEMENT LLC
75.0024-01705/08/2024223268FIRE LOSS MANGEMENT LLC FIRE ALARM REVIEW - CHASE
BANK
Vendor VEN34368 - FIRE LOSS MANGEMENT LLC Total:75.00
Expense Approval Report Payment Dates: 4/26/2024 - 5/8/2024
5/8/2024 4:00:04 PM Page 7 of 36
AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item)
Vendor: VEN06268 - FIRE SAFETY USA, INC.
136.0018570705/01/2024223195FIRE SAFETY USA, INC.DIODE DUAL 2X80 AMP -
3126/37400
Vendor VEN06268 - FIRE SAFETY USA, INC. Total:136.00
Vendor: VEN06269 - FIRST STATE TIRE RECYCLING
853.5012220605/01/2024223196FIRST STATE TIRE RECYCLING RECYCLE OF TIRES, TRACKS
Vendor VEN06269 - FIRST STATE TIRE RECYCLING Total:853.50
Vendor: VEN31404 - FLEETPRIDE, INC
28.7711596915505/01/2024223197FLEETPRIDE, INC ANTI-FREEZE - STOCK
81.1211622232005/08/2024223269FLEETPRIDE, INC NITRILE GLOVES - SS100
10.6011622278205/08/2024223269FLEETPRIDE, INC EMERG GLADHAND, SERVICE
GLADHAND-4004/37423
Vendor VEN31404 - FLEETPRIDE, INC Total:120.49
Vendor: VEN06261 - FURY CHRYSLER JEEP
22.32517968305/08/2024223270FURY CHRYSLER JEEP FUEL CAP - 833/37463
Vendor VEN06261 - FURY CHRYSLER JEEP Total:22.32
Vendor: VEN36999 - GCS TITLE
6.732024042205/08/2024223271GCS TITLE REFUND UB ACCT#800047527 -
8011 64TH ST S
Vendor VEN36999 - GCS TITLE Total:6.73
Vendor: VEN14420 - GENUINE PARTS COMPANY
416.242514-09914405/01/202418104GENUINE PARTS COMPANY RADIATOR HOSE, RADIATOR -
4202/37357
32.332514-09938205/01/202418104GENUINE PARTS COMPANY V-RIBBED BELT - 3118/37364
195.962514-10127205/01/202418104GENUINE PARTS COMPANY PENNZOIL 5QT JUGS - STOCK
17.462514-10135905/01/202418104GENUINE PARTS COMPANY RELAY, JUNCTION BOX -
8711/37413
36.092514-10213905/08/202418170GENUINE PARTS COMPANY BATTERY - 7013/37406
47.892514-10226505/08/202418170GENUINE PARTS COMPANY BRACKET & SLOW MOVING
SIGN - 8711/37388
10.442514-10232205/08/202418170GENUINE PARTS COMPANY FRONT WHEEL BEARING -
8303/37451
-5.992514-10313705/08/202418170GENUINE PARTS COMPANY CREDIT - INV# 2514-102265
RTRN BOLTS
24.822514-10315405/08/202418170GENUINE PARTS COMPANY ROUND MIRROR - 8703/37462
Vendor VEN14420 - GENUINE PARTS COMPANY Total:775.24
Vendor: VEN07022 - GERLACH OUTDOOR POWER EQUIPMENT, INC.
38.4726396505/01/202418105GERLACH OUTDOOR POWER …THROTTLE LEVER ASSEMBLY -
31MISC/37402
107.8026396605/01/202418105GERLACH OUTDOOR POWER …TRIMMER HEAD/SPOOL …
143.5026405305/01/202418105GERLACH OUTDOOR POWER …BLADE -PARKS
38.0226423005/01/202418105GERLACH OUTDOOR POWER …SCREEN - 8501/37158
87.4726423105/01/202418105GERLACH OUTDOOR POWER …HOPPER COVER - 6016/37415
102.3226486405/08/202418171GERLACH OUTDOOR POWER …WEEED WHIPPER PARTS -
31MISC/37486
Vendor VEN07022 - GERLACH OUTDOOR POWER EQUIPMENT, INC. Total:517.58
Vendor: VEN07007 - GERTEN GREENHOUSES & GARDEN CENTER INC
200.85216181/1205/01/2024223199GERTEN GREENHOUSES & GA…TALPIRID TRAYS -PARKS
318.00944412/105/01/2024223198GERTEN GREENHOUSES & GA…MIL POND LINER
118.80217439/1205/01/2024223198GERTEN GREENHOUSES & GA…MARKING PAINT - WHITE -
PARKS
43.9010586/805/01/2024223198GERTEN GREENHOUSES & GA…HARDWOOD MULCH - ARBOR
DAY
Vendor VEN07007 - GERTEN GREENHOUSES & GARDEN CENTER INC Total:681.55
Vendor: VEN33410 - GOVCONNECTION, INC
899.767502918205/01/202418106GOVCONNECTION, INC WELL HOUSES
Vendor VEN33410 - GOVCONNECTION, INC Total:899.76
Expense Approval Report Payment Dates: 4/26/2024 - 5/8/2024
5/8/2024 4:00:04 PM Page 8 of 36
AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item)
Vendor: VEN07015 - GRAINGER
21.48909166836905/08/202418172GRAINGER GLOVES FOR SPRAYING
Vendor VEN07015 - GRAINGER Total:21.48
Vendor: VEN36989 - GRANT SCHARA
26.662024042405/08/2024223272GRANT SCHARA REFUND UB ACCT# 800037737
6770 PINE CREST TRL S
Vendor VEN36989 - GRANT SCHARA Total:26.66
Vendor: VEN07023 - GRAPHIC DESIGN INC
55.00QB5228005/08/202418173GRAPHIC DESIGN INC BUSINESS CARDS- STEVE
ZACCARD
50.00QB5370505/01/202418107GRAPHIC DESIGN INC BUSINESS CARDS - E. SCHMITZ
50.00QB5370605/01/202418107GRAPHIC DESIGN INC BUSINESS CARDS - C. BARNES
376.00QB5381205/08/202418173GRAPHIC DESIGN INC WINDOW ENVELOPES
169.00QB5385905/08/202418173GRAPHIC DESIGN INC PRESERVE.PLAY.PROSPER-
POSTCARD
Vendor VEN07023 - GRAPHIC DESIGN INC Total:700.00
Vendor: VEN13406 - GREAT LAKES COCA-COLA DISTRIBUTION, LLC
1,214.754079808701805/01/202418108GREAT LAKES COCA-COLA DIS…BEVERAGES FOR CLUBHOUSE
1,225.964090807902105/08/202418174GREAT LAKES COCA-COLA DIS…BEVERAGES FOR CLUBHOUSE
Vendor VEN13406 - GREAT LAKES COCA-COLA DISTRIBUTION, LLC Total:2,440.71
Vendor: VEN33879 - GREATAMERICA FINANCIAL SERVICES CORPORATION
343.853637889105/01/2024223200GREATAMERICA FINANCIAL S…FOLDING MACHINE - APRIL
2024
Vendor VEN33879 - GREATAMERICA FINANCIAL SERVICES CORPORATION Total:343.85
Vendor: VEN36993 - GREGG MAYER
26.172024042405/08/2024223273GREGG MAYER REFUND UB ACCT# 103068933
8023 JERGEN AVE S
Vendor VEN36993 - GREGG MAYER Total:26.17
Vendor: VEN36958 - GUARDIAN MECHANICAL SERVICE INC
14,206.001173805/01/2024223201GUARDIAN MECHANICAL SERV…COOLING UNIT @ WELL #10
Vendor VEN36958 - GUARDIAN MECHANICAL SERVICE INC Total:14,206.00
Vendor: VEN33637 - GUARDIAN SUPPLY, LLC
134.981794205/01/202418109GUARDIAN SUPPLY, LLC EQUIPMENT/UNIFORM - G.
RINZEL
1,429.001796705/01/202418109GUARDIAN SUPPLY, LLC BODY ARMOR - D. SCHOEN
59.991801105/08/202418175GUARDIAN SUPPLY, LLC UNIFORM - T. MORNING
179.991801105/08/202418175GUARDIAN SUPPLY, LLC UNIFORM - T. MORNING
64.741801605/08/202418175GUARDIAN SUPPLY, LLC UNIFORM- B. EKREN
194.221801605/08/202418175GUARDIAN SUPPLY, LLC UNIFORM- B. EKREN
Vendor VEN33637 - GUARDIAN SUPPLY, LLC Total:2,062.92
Vendor: VEN36998 - GUARDIAN TITLE LLC
33.512024042405/08/2024223274GUARDIAN TITLE LLC REFUND UB ACCT# 800049284
8405 JEFFREY AVE S
Vendor VEN36998 - GUARDIAN TITLE LLC Total:33.51
Vendor: VEN08009 - HAAVEN STUMP REMOVAL, INC.
20,818.002026505/08/2024223275HAAVEN STUMP REMOVAL, I…STUMP REMOVAL-COUNCIL
APPROVE 03/20/24 RES2024-
046
Vendor VEN08009 - HAAVEN STUMP REMOVAL, INC. Total:20,818.00
Vendor: VEN08001 - HAWKINS, INC
150.00673175305/01/2024223202HAWKINS, INC CHLORINE - HYDROFLUOSILICIC
ACID
Vendor VEN08001 - HAWKINS, INC Total:150.00
Vendor: VEN31756 - HEALTHPARTNERS INSTITUTE
47.28914802905/01/2024223203HEALTHPARTNERS INSTITUTE Q1 2024 SUPPLY CHARGES -
EMS SUPPLIES
2,009.71915202605/01/2024223203HEALTHPARTNERS INSTITUTE EMS SUPPLIES
Vendor VEN31756 - HEALTHPARTNERS INSTITUTE Total:2,056.99
Expense Approval Report Payment Dates: 4/26/2024 - 5/8/2024
5/8/2024 4:00:04 PM Page 9 of 36
AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item)
Vendor: VEN16106 - HHTC INC
2,534.75MI-T0002221805/08/202418176HHTC INC HYDRAULIC HOSES FOR JD
SWEEPER
Vendor VEN16106 - HHTC INC Total:2,534.75
Vendor: VEN32979 - HILLYARD, INC
522.5360544494905/08/2024223276HILLYARD, INC URINAL
SCREENS/TISSUE/CLEAN SCRUB
Vendor VEN32979 - HILLYARD, INC Total:522.53
Vendor: VEN32661 - HOHENSTEINS, INC
1,614.3070722305/01/2024223204HOHENSTEINS, INC BEER FOR CLUBHOUSE
Vendor VEN32661 - HOHENSTEINS, INC Total:1,614.30
Vendor: VEN35474 - HOLIDAY STATIONSTORES LLC
6.509180105240005/08/2024223277HOLIDAY STATIONSTORES LLC WORKS PLUS WASHES - FLEET,
WATER
13.009180105240005/08/2024223277HOLIDAY STATIONSTORES LLC WORKS PLUS WASHES - FLEET,
WATER
Vendor VEN35474 - HOLIDAY STATIONSTORES LLC Total:19.50
Vendor: VEN36525 - HYDRO-KLEAN LLC
70,870.002024050205/08/2024223278HYDRO-KLEAN LLC CLEANING & TELEVISING -
FINAL PAYMENT
Vendor VEN36525 - HYDRO-KLEAN LLC Total:70,870.00
Vendor: VEN08207 - HYDRO-VAC INC.
5,145.002029305/08/202418177HYDRO-VAC INC.2024 ROOT CUTTING 12,250
WEST OF 61-RES#2024-057
Vendor VEN08207 - HYDRO-VAC INC. Total:5,145.00
Vendor: VEN33005 - IMAGETREND, INC.
14,627.14PS-INV10747005/08/2024223279IMAGETREND, INC.ELITE RESCUE SAAS ANNUAL
FEE- 4/11/24 - 4/10/25
Vendor VEN33005 - IMAGETREND, INC. Total:14,627.14
Vendor: VEN36582 - INSTITUTE FOR ENVIRONMENTAL ASSESSMENT INC
672.005224205/01/2024223205INSTITUTE FOR ENVIRONMEN…GLACIAL VALLEY BUILDING
Vendor VEN36582 - INSTITUTE FOR ENVIRONMENTAL ASSESSMENT INC Total:672.00
Vendor: VEN09001 - INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION
739.04INV02564005/01/202418112INTERNATIONAL CITY MANAG…5/2/24 MAYOR/COUNCIL
PAYROLL- 5/1/24 - 5/31/24
2,814.22INV02564205/01/202418111INTERNATIONAL CITY MANAG…5/2/2024 BIWEEKLY PAYROLL-
4/8/24 - 4/21/24
182.94INV02564305/01/202418110INTERNATIONAL CITY MANAG…5/2/2024 BIWEEKLY PAYROLL-
4/8/24 - 4/21/24
7,080.00INV02564405/01/202418112INTERNATIONAL CITY MANAG…5/2/2024 BIWEEKLY PAYROLL-
4/8/24 - 4/21/24
1,084.92INV02564505/01/202418112INTERNATIONAL CITY MANAG…5/2/2024 BIWEEKLY PAYROLL-
4/8/24 - 4/21/24
2,289.35INV02564605/01/202418113INTERNATIONAL CITY MANAG…5/2/2024 BIWEEKLY PAYROLL-
4/8/24 - 4/21/24
Vendor VEN09001 - INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION Total:14,190.47
Vendor: VEN09005 - INTERNATIONAL UNION OF OPERATING ENGIN.
1,435.00INV02564905/01/202418114INTERNATIONAL UNION OF O…5/2/2024 BIWEEKLY PAYROLL-
4/8/24 - 4/21/24
Vendor VEN09005 - INTERNATIONAL UNION OF OPERATING ENGIN. Total:1,435.00
Vendor: VEN09024 - INVER GROVE FORD
437.59534311705/01/202418115INVER GROVE FORD BRAKE ROTORS,
PAD,SHOCKS,HARDWARE-
5004/37396
160.78534315805/01/202418115INVER GROVE FORD SHOCK ABSORBERS -
1801/37408
78.45641409505/01/202418115INVER GROVE FORD APM - 1411/37418
148.44641421205/08/202418178INVER GROVE FORD APM & ROTATED TIRES -
2368/37421
Expense Approval Report Payment Dates: 4/26/2024 - 5/8/2024
5/8/2024 4:00:04 PM Page 10 of 36
AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item)
148.44641421305/08/202418178INVER GROVE FORD APM & ROTATE TIRES -
2369/37422
21.62534341005/08/202418178INVER GROVE FORD CENTER BEARING - 3148/37413
147.09641430705/08/202418178INVER GROVE FORD PM SERVICE - 2256/37449
147.09641430805/08/202418178INVER GROVE FORD PM SERVICE & ROTATED TIRES
- 2160/37427
147.09641435305/08/202418178INVER GROVE FORD PM & ROTATED TIRES -
2258/37428
797.58641438505/08/202418178INVER GROVE FORD PM & ROTATED TIRES -
2202/37445
618.49641448105/08/202418178INVER GROVE FORD RPR CIRCUIT & RPL FUSE -
1002/37441
Vendor VEN09024 - INVER GROVE FORD Total:2,852.66
Vendor: VEN11026 - JENNARI GROUP
1,544.939032705/08/202418179JENNARI GROUP DOT, PM, REAR BRK
CHAMBERS,WHEEL SEAL-
6005/37397
Vendor VEN11026 - JENNARI GROUP Total:1,544.93
Vendor: VEN36344 - JMW INVESTMENTS LLC
40.132024042405/08/2024223280JMW INVESTMENTS LLC REFUND UB ACCT# 800048971
8095 HARKNESS RD S
Vendor VEN36344 - JMW INVESTMENTS LLC Total:40.13
Vendor: VEN36992 - JOHN RADMANOVICH
22.782024042405/08/2024223281JOHN RADMANOVICH REFUND UB ACCT# 800042500
8575 INDAHL AVE S
Vendor VEN36992 - JOHN RADMANOVICH Total:22.78
Vendor: VEN10068 - JOHNSON BROTHERS LIQUOR CO.
2,905.81252113105/01/2024223206JOHNSON BROTHERS LIQUOR …ALCOHOL FOR CLUBHOUSE
Vendor VEN10068 - JOHNSON BROTHERS LIQUOR CO. Total:2,905.81
Vendor: VEN32436 - JOHNSON TRAILER COMPANY
7,697.002024041105/08/2024223282JOHNSON TRAILER COMPANY ENCLOSED TRAILER
Vendor VEN32436 - JOHNSON TRAILER COMPANY Total:7,697.00
Vendor: VEN31197 - JT SERVICES OF MINNESOTA
1,815.02JT24-114-0305/08/202418180JT SERVICES OF MINNESOTA KNOCKDOWNS
Vendor VEN31197 - JT SERVICES OF MINNESOTA Total:1,815.02
Vendor: VEN31290 - JUDITH A GRAF
84.832024043005/08/202418181JUDITH A GRAF COUNCIL MEETING -
04/17/2024
146.292024043005/08/202418181JUDITH A GRAF COUNCIL MEETING MINUTES -
04/03/2024
290.002024043005/08/202418181JUDITH A GRAF 13A WORKSHOP (TRAINING
ROOM) - 04/03/2024
157.2920240430-A05/08/202418181JUDITH A GRAF PLANNING COMMISSION
MEETING MINUTES-4/22/2024
81.9220240430-B05/08/202418181JUDITH A GRAF EDA WORKSHOP MEETING
MINUTES- 4/09/2024
174.4220240430-B05/08/202418181JUDITH A GRAF EDA- 4/09/2024
Vendor VEN31290 - JUDITH A GRAF Total:934.75
Vendor: VEN36988 - JUSTIN OLSEN
235.752024050105/08/2024223283JUSTIN OLSEN PER DIEM ADVANCE - ICSC
TRADESHOW- J. OLSEN
Vendor VEN36988 - JUSTIN OLSEN Total:235.75
Vendor: VEN36407 - KAP EDUCATION INC
27.001677205/01/2024223207KAP EDUCATION INC UNIFORM
TAGS/ACCOUNTABILITY TAGS -
FIRE
300.001679105/01/2024223207KAP EDUCATION INC AWARDS/RECOGNITION -
REDENIUS, ZITTEL
Expense Approval Report Payment Dates: 4/26/2024 - 5/8/2024
5/8/2024 4:00:04 PM Page 11 of 36
AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item)
75.001679205/01/2024223207KAP EDUCATION INC FIREFIGHTER AWARD - DANDL
Vendor VEN36407 - KAP EDUCATION INC Total:402.00
Vendor: VEN35714 - KLETSCHKA INSPECTIONS LLC
9,824.882024042905/08/202418182KLETSCHKA INSPECTIONS LLC ELECTRICAL INSPECTIONS-
COTTAGE GROVE-APR 2024
Vendor VEN35714 - KLETSCHKA INSPECTIONS LLC Total:9,824.88
Vendor: VEN31717 - KRAFT CONTRACTING & MECHANICAL LLC
1,055.503434505/01/202418116KRAFT CONTRACTING & MEC…PREVENTATIVE MAINTENANCE
- PUMP STATION
409.623435605/01/202418116KRAFT CONTRACTING & MEC…RPL SYSTEM CAPACITORS -
HIGHLAND PARK
1,006.2934423D05/08/202418183KRAFT CONTRACTING & MEC…ACTUATOR, PARTS ONLY -
HERO CTR
1,032.823444805/08/202418183KRAFT CONTRACTING & MEC…REPLACE MAIN BLOWER ON
RTU RHEEM UNIT
Vendor VEN31717 - KRAFT CONTRACTING & MECHANICAL LLC Total:3,504.23
Vendor: VEN35263 - KROMER PRO LLC
931.5058184205/01/202418117KROMER PRO LLC SPRING TINES/TEETH/BROOM
SECTION - PARKS
Vendor VEN35263 - KROMER PRO LLC Total:931.50
Vendor: VEN31247 - LAND TITLE, INC
47.922024042405/06/2024223235LAND TITLE, INC REFUND UB ACCT# 800049339
6435 JEFFREY AVE S
19.402024042405/06/2024223235LAND TITLE, INC REFUND UB ACCT# 800049666
9391 63RD ST S
Vendor VEN31247 - LAND TITLE, INC Total:67.32
Vendor: VEN31389 - LAW ENFORCEMENT LABOR SERVICES, INC
634.50INV02565105/01/202418118LAW ENFORCEMENT LABOR S…5/2/2024 BIWEEKLY PAYROLL-
4/8/24 - 4/21/24
Vendor VEN31389 - LAW ENFORCEMENT LABOR SERVICES, INC Total:634.50
Vendor: VEN12341 - LAWSON PRODUCTS, INC
174.68931147350705/08/2024223284LAWSON PRODUCTS, INC SHOP SUPPLIES/STOCK
34.20931147756505/08/2024223284LAWSON PRODUCTS, INC PRIMARY WIRE - SS100
62.07931147756605/08/2024223284LAWSON PRODUCTS, INC PRIMARY WIRE - SS100
Vendor VEN12341 - LAWSON PRODUCTS, INC Total:270.95
Vendor: VEN36741 - LEGACY TITLE
8.072024042405/06/2024223236LEGACY TITLE REFUND UB ACCT#800048322-
9876 HAMLET LN S
Vendor VEN36741 - LEGACY TITLE Total:8.07
Vendor: VEN35255 - LENNAR HOMES
43.902024042405/06/2024223237LENNAR HOMES REFUND UB ACCT#800046499-
8189 63RD ST S
23.582024042405/06/2024223237LENNAR HOMES REFUND UB ACCT#800049601-
6089 IDEN AVE S
96.352024042405/06/2024223237LENNAR HOMES REFUND UB ACCT#800049161-
6098 IDSEN LANE S
43.472024042405/06/2024223237LENNAR HOMES REFUND UB ACCT#800049443-
6157 IDEN AVE S
33.552024042405/06/2024223237LENNAR HOMES REFUND UB ACCT#800049999-
6705 93RD ALCOVE S
34.992024042405/06/2024223237LENNAR HOMES REFUND UB ACCT#800049386-
6179 IDRA AVE S
43.182024042405/06/2024223237LENNAR HOMES REFUND UB ACCT#800049663-
8269 60TH ST S
59.642024042405/06/2024223237LENNAR HOMES REFUND UB ACCT#800049325-
6188 IDSEN AVE S
52.852024042405/06/2024223237LENNAR HOMES REFUND UB ACCT#800049322-
6163 IDRA AVE S
Expense Approval Report Payment Dates: 4/26/2024 - 5/8/2024
5/8/2024 4:00:04 PM Page 12 of 36
AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item)
48.212024042405/06/2024223237LENNAR HOMES REFUND UB ACCT#800049397-
8260 62ND ST BAY S
Vendor VEN35255 - LENNAR HOMES Total:479.72
Vendor: VEN36994 - LEVI & KELSEY PAULSON
10.992024042405/08/2024223285LEVI & KELSEY PAULSON REFUND UB ACCT# 800045514
8923 JANERO AVE S
Vendor VEN36994 - LEVI & KELSEY PAULSON Total:10.99
Vendor: VEN32230 - MANSFIELD OIL COMPANY
4,209.062527185105/08/202418184MANSFIELD OIL COMPANY GENERATOR FUEL - CITY HALL
542.252528174605/08/202418184MANSFIELD OIL COMPANY GENERATOR FUEL - PORTABLES
573.762528174705/08/202418184MANSFIELD OIL COMPANY GENERATOR FUEL - FIRE# 4
439.112528174805/08/202418184MANSFIELD OIL COMPANY GENERATOR FUEL - FIRE# 3
Vendor VEN32230 - MANSFIELD OIL COMPANY Total:5,764.18
Vendor: VEN13410 - MENARDS
101.018916105/01/202418119MENARDS SUPPLEIS FOR WALL
REPAIR/SIMULATOR ROOM
57.518921105/08/202418185MENARDS SHACKLES 1/2 & 3/4 -WATER
97.068927005/01/202418119MENARDS CLEANING
SUPPLIES/MOPS/PINE-
SOL/FABRIC SPRAY-PARKS
34.028930705/01/202418119MENARDS HOOKS, U-BOLTS -
34MISC/37420
8.4989327-202405/01/202418119MENARDS PRO MARKING PAINT -PARKS
-5.988934205/01/202418119MENARDS RETURN FROM # 89270 FABRIC
SPRAY
75.578934305/01/202418119MENARDS BALL VALVES/FEBREZE -PARKS
3.578934705/01/202418119MENARDS MACHINE BUSHING -PARKS
7.978935005/01/202418119MENARDS SCREWS/WASHERS - PARKS
74.258939105/01/202418119MENARDS DECK STAR/2X2/2X4 GREEN
TREATED -PARKS
6.298940605/08/202418185MENARDS FILE SETS/SOCKET
ADAPTER/DRILL
BITS/ORGANIZER
109.858940605/08/202418185MENARDS FILE SETS/SOCKET
ADAPTER/DRILL
BITS/ORGANIZER
61.228953505/08/202418185MENARDS DRAIN OUT/LIQUID
PLUMR/AIR FILTERS - FM
50.228955105/01/202418119MENARDS ARBOR DAY SUPPLIES/SNACKS
17.998955505/01/202418119MENARDS MED TARPS - FORESTRY
-17.998955905/01/202418119MENARDS RETURN OF MED TARP FROM
#89555
20.998956005/01/202418119MENARDS HEAVY DUTY TARPS …
46.158956105/01/202418119MENARDS GARDEN STAKES - PARKS
45.898959105/01/202418119MENARDS REPAIR SUPPLIES/TOOL HOOK
HOLDER RBT GARAGE
21.268959305/01/202418119MENARDS TOILET REPAIR KIT/CACUUM
BREAKER REPAIR KIT - PARK
31.478961205/01/202418119MENARDS TRASH BAGS
257.648961305/08/202418185MENARDS CO2 ALARMS- FEMA
GRANT/HOME SAFETY
PROGRAM
36.458962805/01/202418119MENARDS VALVE ACTION PAINT
MARKER/CABLE TIE
183.958965305/01/202418119MENARDS CARPET CLEANER/HOOVER
CLEANER/SPOT SHOT -PARKS
99.0089656-202405/01/202418119MENARDS ALL PURPOSE STAKES -PARKS
17.878965705/01/202418119MENARDS P-CORDS/PARACORD -PARKS
49.268966205/08/202418185MENARDS TOOLBOX/USB
CHARGER/SAND PAPER/BRACE
42.658966605/08/202418185MENARDS WRENCH/LIME RUST
CLEANER/TOILET SPUD - FM
Expense Approval Report Payment Dates: 4/26/2024 - 5/8/2024
5/8/2024 4:00:04 PM Page 13 of 36
AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item)
-16.478967205/01/202418119MENARDS RETURN MERCHANDISE
44.9789685-202405/01/202418119MENARDS TREE BAGS FOR ARBOR DAY
19.948971105/08/202418185MENARDS J-HOOKS - WATER
-15.478971305/01/202418119MENARDS RETURN MERCHANDISE
64.978971505/01/202418119MENARDS GRILL COVER/N95 MASK FOR
RANGE CLEANING
16.788971805/08/202418185MENARDS STORAGE BOXES
1.988977505/08/202418185MENARDS 3/8 CLAMB CONNECTORS-
PARKS
42.938977905/08/202418185MENARDS TIEDOWNS/CYCLE OIL -
STREETS
37.698978005/08/202418185MENARDS STEEL PLUGS/GLASS
CLEANER/COUPLERS -PARKS
38.828978205/08/202418185MENARDS SCOOP/PAIL
3.588978405/08/202418185MENARDS 1/4 STEEL PLUGS - PARKS
77.028983805/08/202418185MENARDS RAGS/MASKING PAPER/METAL
PRIMER/SPRAY PAINT
2.448990305/08/202418185MENARDS PLUMBERS GREASE -PARKS
89.928997305/08/202418185MENARDS 2 GAL PAILS/ REC SUPPLIES
35.948997305/08/202418185MENARDS 2 GAL PAILS/ REC SUPPLIES
69.5790037-202405/08/202418185MENARDS WATER DEPT BAY CLEANING -
PW
140.449011205/08/202418185MENARDS WALLMOUNT VACCUUM
81.478996205/08/202418185MENARDS HITCH BALL, BENT PIN, MNT -
3148/37413
Vendor VEN13410 - MENARDS Total:2,270.15
Vendor: VEN13461 - METRO SALES INCORPORATED
1,165.30INV250772105/01/202418121METRO SALES INCORPORATED PSCH RICOH COPIER USAGE -
3/4/24 - 4/3/24
673.88INV250772105/01/202418121METRO SALES INCORPORATED PD RICOH COPIER USAGE -
3/4/24 - 4/3/24
231.33INV250772105/01/202418121METRO SALES INCORPORATED FIRE RICOH COPIER USAGE -
3/4/24 - 4/3/24
758.76INV250772105/01/202418121METRO SALES INCORPORATED PW RICOH COPIER USAGE -
3/4/24 - 4/3/24
103.60INV250772105/01/202418121METRO SALES INCORPORATED REC RICOH COPIER USAGE -
3/4/24 - 4/3/24
103.61INV250772105/01/202418121METRO SALES INCORPORATED ICE RICOH COPIER USAGE -
3/4/24 - 4/3/24
73.46INV250772105/01/202418121METRO SALES INCORPORATED GOLF RICOH COPIER USAGE -
3/4/24 - 4/3/24
174.32INV250772105/01/202418121METRO SALES INCORPORATED GOLF RICOH COPIER USAGE -
3/4/24 - 4/3/24
301.10INV250772105/01/202418121METRO SALES INCORPORATED HERO CENTER RICOH COPIER
USAGE - 3/4/24 - 4/3/24
Vendor VEN13461 - METRO SALES INCORPORATED Total:3,585.36
Vendor: VEN35563 - MEYER CONTRACTING INC
716,585.232024042905/08/202418205MEYER CONTRACTING INC PYMT 9 - EPD & JAMAICA
Vendor VEN35563 - MEYER CONTRACTING INC Total:716,585.23
Vendor: VEN13429 - MEYER SEWER SERVICE
275.002275205/08/2024223286MEYER SEWER SERVICE PUMPED MAINT BLDG
HOLDING TANK
Vendor VEN13429 - MEYER SEWER SERVICE Total:275.00
Vendor: VEN33002 - MICHAEL LEE INC
61.782024042405/06/2024223238MICHAEL LEE INC REFUND UB ACCT#800049327-
6387 JENSEN AVE S
Vendor VEN33002 - MICHAEL LEE INC Total:61.78
Vendor: VEN31496 - MIDWAY FORD
97.5082499405/01/2024223208MIDWAY FORD WIPER BLADES - STOCK
305.2082561505/01/2024223208MIDWAY FORD WIPERS, AIR FILTERS - STOCK
Vendor VEN31496 - MIDWAY FORD Total:402.70
Expense Approval Report Payment Dates: 4/26/2024 - 5/8/2024
5/8/2024 4:00:04 PM Page 14 of 36
AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item)
Vendor: VEN13485 - MIKE McPHILLIPS, INC.
899.505617005/01/2024223209MIKE McPHILLIPS, INC.RPL MAIN BROOM,ADJ
CHAINS,O/S LABOR-
8601/37432
4,516.365617105/01/2024223209MIKE McPHILLIPS, INC.SEASONAL SERVICE -
8601/37431
Vendor VEN13485 - MIKE McPHILLIPS, INC. Total:5,415.86
Vendor: VEN35690 - MINNESOTA AG POWER INC
123.18998551605/01/202418122MINNESOTA AG POWER INC OIL, O-RING - 8406/37401
139.51998581905/01/202418122MINNESOTA AG POWER INC PULLEYS, V-BELT - 8406/37401
211.40998601505/01/202418122MINNESOTA AG POWER INC OIL - 8406/37401
860.00998831105/01/202418122MINNESOTA AG POWER INC DRIVE
SHAFT,HINGES,PINS,BALL JT
SKTS-8406/37401
101.87998973405/01/202418122MINNESOTA AG POWER INC PIN, HINGES - 8406/37401
18.03999009405/08/202418187MINNESOTA AG POWER INC TIRES FOR GOLF CART
120.00999009405/08/202418187MINNESOTA AG POWER INC TIRES FOR GOLF CART
4,718.041031275905/01/202418122MINNESOTA AG POWER INC JOHN DEERE 665 ROTARY
TILLER - PARKS
-63.54999268505/01/202418122MINNESOTA AG POWER INC CREDIT - INV# 9988311 RTRN
SEAL
Vendor VEN35690 - MINNESOTA AG POWER INC Total:6,228.49
Vendor: VEN30384 - MINNESOTA GLOVE INC
109.9234670905/01/2024223210MINNESOTA GLOVE INC BURTON - UNIFORM
Vendor VEN30384 - MINNESOTA GLOVE INC Total:109.92
Vendor: VEN36700 - MINNESOTA TITLE
59.202024042405/06/2024223239MINNESOTA TITLE REFUND UB ACCT# 800037770
8799 INDIAN BLVD S
69.322024042405/06/2024223239MINNESOTA TITLE REFUND UB ACCT# 106018787
FILE#MT-2110-1074-MG
Vendor VEN36700 - MINNESOTA TITLE Total:128.52
Vendor: VEN13473 - MN CHILD SUPPORT CENTER
36.91INV02565305/01/2024223211MN CHILD SUPPORT CENTER 5/2/2024 BIWEEKLY PAYROLL-
4/8/24 - 4/21/24
Vendor VEN13473 - MN CHILD SUPPORT CENTER Total:36.91
Vendor: VEN29281 - MN PETROLEUM SERVICE
238.0014133205/01/2024223212MN PETROLEUM SERVICE PUMPED OUT GENERATOR
TANK - PORTABLES
295.0014133305/01/2024223212MN PETROLEUM SERVICE PUMPED OUT GENERATOR
TANK - FIRE# 3
270.2514133405/01/2024223212MN PETROLEUM SERVICE PUMPED OUT GENERATOR
TANK - FIRE# 4
724.0014133505/01/2024223212MN PETROLEUM SERVICE PUMPED OUT GENERATOR
TANK - CITY HALL
Vendor VEN29281 - MN PETROLEUM SERVICE Total:1,527.25
Vendor: VEN13439 - MN POLLUTION CONTROL AGENCY
375.281000018827505/08/2024223287MN POLLUTION CONTROL AG…HAZARDOUS WASTE FEES -
VSQG
Vendor VEN13439 - MN POLLUTION CONTROL AGENCY Total:375.28
Vendor: VEN33184 - MOR GOLF AND UTILITY, INC
39.444533605/01/202418123MOR GOLF AND UTILITY, INC PARTS FOR GOLF CART FLEET
Vendor VEN33184 - MOR GOLF AND UTILITY, INC Total:39.44
Vendor: VEN13463 - MTI DISTRIBUTING CO.
458.671421509-0105/01/202418124MTI DISTRIBUTING CO.SKID ASSEMBLY,
DEFLETOR,SCREWS -
8513/37179
463.011421510-0105/01/202418124MTI DISTRIBUTING CO.SKID
ASSEMBLY,DEFLECTOR,SCREW
S - 8514/37168
Expense Approval Report Payment Dates: 4/26/2024 - 5/8/2024
5/8/2024 4:00:04 PM Page 15 of 36
AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item)
407.931421511-0205/01/202418124MTI DISTRIBUTING CO.SKID ASSEMBLY, RADIATOR
HOSES - 8517/37170
410.701423838-0005/01/202418124MTI DISTRIBUTING CO.MOWER BLADES - 8514/37168
410.701423839-0005/01/202418124MTI DISTRIBUTING CO.MOWER BLADES - 8517/37170
1,451.611424404-0005/08/202418188MTI DISTRIBUTING CO.IRRIGATION SUPPLIES FOR
PARKS
106.931424540-0005/08/202418188MTI DISTRIBUTING CO.ADAPTER FOR HAND
WATERING- NEW IRRIGATION
HEADS
209.741424556-0005/08/202418188MTI DISTRIBUTING CO.PART FOR 3100D REEL
615.001424879-0005/08/202418188MTI DISTRIBUTING CO.SPACER,
CAPS,WASHERS,BLADES -
41MISC/37425
132.771425018-0005/08/202418188MTI DISTRIBUTING CO.HYDRAULIC HOSE FOR 3100D
Vendor VEN13463 - MTI DISTRIBUTING CO. Total:4,667.06
Vendor: VEN13358 - MUNICIPAL EMERGENCY SERVICES, INC
436.30IN200649805/08/202418189MUNICIPAL EMERGENCY SERV…CALIBRATION GAS, SENSOR -
UTILITY DEPT
Vendor VEN13358 - MUNICIPAL EMERGENCY SERVICES, INC Total:436.30
Vendor: VEN02406 - MYRON BAILEY
235.752024050105/08/2024223288MYRON BAILEY PER DIEM ADVANCE - ICSC
TRADESHOW- M. BAILEY
Vendor VEN02406 - MYRON BAILEY Total:235.75
Vendor: VEN36533 - NATIONAL VENT SYSTEMS INC
1,389.38160005/08/2024223289NATIONAL VENT SYSTEMS INC COMMERCIAL KITCHEN
EXHAUST HOOD CLEANING
Vendor VEN36533 - NATIONAL VENT SYSTEMS INC Total:1,389.38
Vendor: VEN14409 - NORTHERN SAFETY TECHNOLOGY, INC
69.965756205/08/202418190NORTHERN SAFETY TECHNOL…MOUNTING BOLTS - STOCK,
8711/37388
Vendor VEN14409 - NORTHERN SAFETY TECHNOLOGY, INC Total:69.96
Vendor: VEN15402 - OFFICE OF MN IT SERVICES
10.71W2403060705/01/2024223213OFFICE OF MN IT SERVICES VOICE SERVICES - MAR 2024
Vendor VEN15402 - OFFICE OF MN IT SERVICES Total:10.71
Vendor: VEN15362 - OPUS21 MANAGEMENT SOLUTIONS
285.7424032005/01/202418125OPUS21 MANAGEMENT SOLU…UB CALL CENTER SUPPORT
SERVICES- MARCH 2024
506.1524032005/01/202418125OPUS21 MANAGEMENT SOLU…UB POSTAGE SERVICES-
MARCH 2024
990.0024032005/01/202418125OPUS21 MANAGEMENT SOLU…UB HOSTING SERVICES-
MARCH 2024
243.6024032005/01/202418125OPUS21 MANAGEMENT SOLU…UB BILL PRINT SERVICES-
MARCH 2024
1,143.0024032005/01/202418125OPUS21 MANAGEMENT SOLU…UB CALL CENTER SUPPORT
SERVICES- MARCH 2024
2,021.0024032005/01/202418125OPUS21 MANAGEMENT SOLU…UB POSTAGE SERVICES-
MARCH 2024
3,961.0024032005/01/202418125OPUS21 MANAGEMENT SOLU…UB HOSTING SERVICES-
MARCH 2024
972.0024032005/01/202418125OPUS21 MANAGEMENT SOLU…UB BILL PRINT SERVICES-
MARCH 2024
1,143.0024032005/01/202418125OPUS21 MANAGEMENT SOLU…UB CALL CENTER SUPPORT
SERVICES- MARCH 2024
2,021.0024032005/01/202418125OPUS21 MANAGEMENT SOLU…UB POSTAGE SERVICES-
MARCH 2024
3,961.0024032005/01/202418125OPUS21 MANAGEMENT SOLU…UB HOSTING SERVICES-
MARCH 2024
972.0024032005/01/202418125OPUS21 MANAGEMENT SOLU…UB BILL PRINT SERVICES-
MARCH 2024
286.0024032005/01/202418125OPUS21 MANAGEMENT SOLU…UB CALL CENTER SUPPORT
SERVICES- MARCH 2024
Expense Approval Report Payment Dates: 4/26/2024 - 5/8/2024
5/8/2024 4:00:04 PM Page 16 of 36
AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item)
505.0024032005/01/202418125OPUS21 MANAGEMENT SOLU…UB POSTAGE SERVICES-
MARCH 2024
991.1024032005/01/202418125OPUS21 MANAGEMENT SOLU…UB HOSTING SERVICES-
MARCH 2024
243.0024032005/01/202418125OPUS21 MANAGEMENT SOLU…UB BILL PRINT SERVICES-
MARCH 2024
Vendor VEN15362 - OPUS21 MANAGEMENT SOLUTIONS Total:20,244.59
Vendor: VEN30439 - O'REILLY AUTO PARTS
18.293266-13066105/08/2024223290O'REILLY AUTO PARTS AIR FILTER - RETURN
69.903266-13093905/01/2024223214O'REILLY AUTO PARTS VALVOLINE 0-20 OIL 5
21.413266-13125805/01/2024223214O'REILLY AUTO PARTS OIL FILTER - 6009/37409
37.763266-13203305/08/2024223290O'REILLY AUTO PARTS DIELECTRIC GREASE & GASKET
MAKER - SS100
199.653266-13208905/08/2024223290O'REILLY AUTO PARTS FUEL FILTER - 3148/37413
-190.403266-13209005/08/2024223290O'REILLY AUTO PARTS CREDIT - INV# 3266-132089
RTRN ANTI-FREEZE
-22.003266-13212505/08/2024223290O'REILLY AUTO PARTS CREDIT - INV#3266-129716
CORE RTRN
13.003266-13194205/08/2024223290O'REILLY AUTO PARTS MINI BULBS - SS100
-18.293266-13381505/08/2024223290O'REILLY AUTO PARTS CREDIT - INV# 3266-130661
RTRN FILTER
Vendor VEN30439 - O'REILLY AUTO PARTS Total:129.32
Vendor: VEN32947 - PACIFIC RIM VENTURES INC
800.001591627-0005/01/2024223215PACIFIC RIM VENTURES INC PROSHOP MERCHANDISE
1,360.001591628-0005/01/2024223215PACIFIC RIM VENTURES INC PROSHOP MERCHANDISE
Vendor VEN32947 - PACIFIC RIM VENTURES INC Total:2,160.00
Vendor: VEN16140 - PARK GROVE ELECTRIC INC
380.005702005/01/2024223216PARK GROVE ELECTRIC INC DISCONNECT UPS - CITY HALL
475.005706505/08/2024223291PARK GROVE ELECTRIC INC EXHAUST FAN WHIP REPLACED
Vendor VEN16140 - PARK GROVE ELECTRIC INC Total:855.00
Vendor: VEN33593 - PARMAN ENERGY GROUP
64.67216439-IN05/08/202418191PARMAN ENERGY GROUP DEF FLUID FOR BULK TANK
64.68216439-IN05/08/202418191PARMAN ENERGY GROUP DEF FLUID FOR BULK TANK
64.68216439-IN05/08/202418191PARMAN ENERGY GROUP DEF FLUID FOR BULK TANK
Vendor VEN33593 - PARMAN ENERGY GROUP Total:194.03
Vendor: VEN35773 - PERFORMANCE FOOD GROUP INC
221.3596031705/01/2024223217PERFORMANCE FOOD GROUP …FOOD FOR CLUBHOUSE
80.9897482505/01/2024223217PERFORMANCE FOOD GROUP …SUPPLIES FOR CLUBHOUSE
1,259.2897482505/01/2024223217PERFORMANCE FOOD GROUP …FOOD FOR CLUBHOUSE
49.5397516505/01/2024223217PERFORMANCE FOOD GROUP …FOOD FOR CLUBHOUSE
43.5997845905/01/2024223217PERFORMANCE FOOD GROUP …GLOVES
1,298.4097845905/01/2024223217PERFORMANCE FOOD GROUP …FOOD FOR CLUBHOUSE
27.1897997305/01/2024223217PERFORMANCE FOOD GROUP …FOOD FOR CLUBHOUSE
256.8698242305/01/2024223217PERFORMANCE FOOD GROUP …SUPPLIES FOR CLUBHOUSE
499.8098242305/01/2024223217PERFORMANCE FOOD GROUP …FOOD FOR CLUBHOUSE
104.3298242305/01/2024223217PERFORMANCE FOOD GROUP …FOOD FOR CLUBHOUSE
1,680.7598730005/08/2024223292PERFORMANCE FOOD GROUP …FOOD FOR CLUBHOUSE
108.6398826905/08/2024223292PERFORMANCE FOOD GROUP …FOOD FOR CLUBHOUSE
119.9310024605/08/2024223292PERFORMANCE FOOD GROUP …FOOD FOR CLUBHOUSE
75.1610036005/08/2024223292PERFORMANCE FOOD GROUP …FOOD FOR CLUBHOUSE
1,058.2810025005/08/2024223292PERFORMANCE FOOD GROUP …FOOD FOR CLUBHOUSE
1,714.3210525405/08/2024223292PERFORMANCE FOOD GROUP …FOOD FOR CLUBHOUSE
Vendor VEN35773 - PERFORMANCE FOOD GROUP INC Total:8,598.36
Vendor: VEN36987 - PHON CHHANG
50.002024042605/01/2024223218PHON CHHANG CONTRACTOR LICENS…
Vendor VEN36987 - PHON CHHANG Total:50.00
Expense Approval Report Payment Dates: 4/26/2024 - 5/8/2024
5/8/2024 4:00:04 PM Page 17 of 36
AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item)
Vendor: VEN36995 - PILLAR TITLE SERVICE
73.112024042405/08/2024223293PILLAR TITLE SERVICE REFUND UB ACCT# 800050618
8117 HEMINGWAY AVE S
Vendor VEN36995 - PILLAR TITLE SERVICE Total:73.11
Vendor: VEN16190 - PIONEER RIM & WHEEL COMPANY
1,023.481CX102105/01/202418127PIONEER RIM & WHEEL COM…HUBS & ELEC BRAKES -
7013/37406
Vendor VEN16190 - PIONEER RIM & WHEEL COMPANY Total:1,023.48
Vendor: VEN29366 - PROFESSIONAL WIRELESS COMMUNICATIONS
4,410.4012462705/08/2024223294PROFESSIONAL WIRELESS CO…RADIO INSTALLS -
4009,4010,1412,1803,8410,14
13
Vendor VEN29366 - PROFESSIONAL WIRELESS COMMUNICATIONS Total:4,410.40
Vendor: VEN16138 - PUBLIC EMPLOYEES RETIREMENT ASSOCIATION
183.88INV02564105/01/202418128PUBLIC EMPLOYEES RETIREM…5/2/24 MAYOR/COUNCIL
PAYROLL- 5/1/24 - 5/31/24
59,343.72INV02565405/01/202418128PUBLIC EMPLOYEES RETIREM…5/2/2024 BIWEEKLY PAYROLL-
4/8/24 - 4/21/24
71,975.97INV02565505/01/202418128PUBLIC EMPLOYEES RETIREM…5/2/2024 BIWEEKLY PAYROLL-
4/8/24 - 4/21/24
Vendor VEN16138 - PUBLIC EMPLOYEES RETIREMENT ASSOCIATION Total:131,503.57
Vendor: VEN34889 - PULTE HOMES OF MN LLC
29.192024042405/06/2024223240PULTE HOMES OF MN LLC REFUND UB ACCT#800049682-
6432 HIGHLAND HILLS CRV S
16.632024042405/06/2024223240PULTE HOMES OF MN LLC REFUND UB ACCT#800049811-
6414 HIGHLAND HILLS CRV S
Vendor VEN34889 - PULTE HOMES OF MN LLC Total:45.82
Vendor: VEN18051 - R & R SPECIALTIES OF WISCONSIN, INC
90.0081882-IN05/08/202418192R & R SPECIALTIES OF WISCO…BLADE SHARPENING
118.0081887-IN05/08/202418192R & R SPECIALTIES OF WISCO…WELDMENT/ROD/WATER
VALVE
112.6081905-IN05/08/202418192R & R SPECIALTIES OF WISCO…BLADE SHARPENING
Vendor VEN18051 - R & R SPECIALTIES OF WISCONSIN, INC Total:320.60
Vendor: VEN18149 - RAMY TURF PRODUCTS
3,795.0010412205/08/2024223295RAMY TURF PRODUCTS PRO-SEEDER SUN/SHADE MIX -
STREETS
Vendor VEN18149 - RAMY TURF PRODUCTS Total:3,795.00
Vendor: VEN18059 - RDO EQUIPMENT INC
5,889.24P491150105/01/2024223219RDO EQUIPMENT INC RIM AND WHEELS,WHEEL
RING,O-RING-8601/37390
Vendor VEN18059 - RDO EQUIPMENT INC Total:5,889.24
Vendor: VEN34950 - REACH SPORTS MARKETING GROUP INC
700.009541805/08/202418193REACH SPORTS MARKETING G…RO MEDIA PLAYERS
Vendor VEN34950 - REACH SPORTS MARKETING GROUP INC Total:700.00
Vendor: VEN36473 - RESULTS TITLE
56.952024042405/06/2024223241RESULTS TITLE REFUND UB ACCT#800050601-
7097 TIMBER TRL LN S
50.0020240424-A05/06/2024223241RESULTS TITLE REFUND UB ACCT# 800050247
FILE#21-10805
Vendor VEN36473 - RESULTS TITLE Total:106.95
Vendor: VEN18108 - RICE LAKE CONTRACTING CORP
1,272,812.162024033105/01/202418143RICE LAKE CONTRACTING CORP PYMT 3 - WELLS 9 & 11
INTERIM WTP
3,149.872401-1000005/08/202418194RICE LAKE CONTRACTING CORP WELL # 8 REPAIRS
1,374,551.772024050205/08/202418206RICE LAKE CONTRACTING CORP PYMT 5 - LOW ZONE WTP
Vendor VEN18108 - RICE LAKE CONTRACTING CORP Total:2,650,513.80
Expense Approval Report Payment Dates: 4/26/2024 - 5/8/2024
5/8/2024 4:00:04 PM Page 18 of 36
AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item)
Vendor: VEN34383 - ROB SWANSON
10.132024042305/01/2024223220ROB SWANSON REIMBURSEMENT-
PIT/PURSUIT REFRESHER-
R.SWANSON
Vendor VEN34383 - ROB SWANSON Total:10.13
Vendor: VEN30854 - ROHN INDUSTRIES, INC
44.752255305/01/202418129ROHN INDUSTRIES, INC DOCUMENT SHREDDING
Vendor VEN30854 - ROHN INDUSTRIES, INC Total:44.75
Vendor: VEN29144 - RP MANAGEMENT
15.832024042405/08/2024223296RP MANAGEMENT REFUND UB ACCT# 800039897
9461 INDIAN BLVD S
Vendor VEN29144 - RP MANAGEMENT Total:15.83
Vendor: VEN31969 - SAFE-FAST, INC
1,167.45INV28917805/01/202418130SAFE-FAST, INC GLOVES/VESTS/SHIRTS
SEASONAL STAFF -PARKS
1,416.22INV28917905/01/202418130SAFE-FAST, INC SAFETY GLASSES/VESTS/SHIRTS
-SEASONAL
Vendor VEN31969 - SAFE-FAST, INC Total:2,583.67
Vendor: VEN29489 - SCHILLING SUPPLY COMPANY
349.31954852-0005/01/202418131SCHILLING SUPPLY COMPANY CLEANING/BATHROOM
SUPPLIES
Vendor VEN29489 - SCHILLING SUPPLY COMPANY Total:349.31
Vendor: VEN36990 - SHARI TODD
57.092024042405/08/2024223297SHARI TODD REFUND UB ACCT# 800039090
7008 JOCELYN AVE S
Vendor VEN36990 - SHARI TODD Total:57.09
Vendor: VEN35034 - SMOOT ENTERPRISES ADVANCED SPORTSWEAR LLC
36.002025505/01/202418132SMOOT ENTERPRISES ADVAN…SCHROEDER - UNIFORM
60.002034805/08/202418195SMOOT ENTERPRISES ADVAN…LEVIE - UNIFORM
55.002046605/08/202418195SMOOT ENTERPRISES ADVAN…MOEN UNIFORM
125.002053805/08/202418195SMOOT ENTERPRISES ADVAN…APPAREL EMBROIDERY
Vendor VEN35034 - SMOOT ENTERPRISES ADVANCED SPORTSWEAR LLC Total:276.00
Vendor: VEN19285 - SOUTH EAST TOWING INC
440.0024-454974205/08/2024223298SOUTH EAST TOWING INC CGPD TOWING
Vendor VEN19285 - SOUTH EAST TOWING INC Total:440.00
Vendor: VEN16141 - ST PAUL PIONEER PRESS
32.24324569758-A05/08/2024223299ST PAUL PIONEER PRESS SUMMER VALLEY
54.78324569758-A05/08/2024223299ST PAUL PIONEER PRESS LOW ZONE TREATMENT PLANT
FIBER PROJECT
90.48324569758-A05/08/2024223299ST PAUL PIONEER PRESS 2024 JAMAICA AVE MILL &
OVERLAY
90.48324569758-A05/08/2024223299ST PAUL PIONEER PRESS 2024 JAMAICA AVE MILL &
OVERLAY
46.80324569758-A05/08/2024223299ST PAUL PIONEER PRESS 2024 PAVEMENT MGMT -
PRESTIGE ESTATES
NEIGHBORHOOD
93.60324569758-A05/08/2024223299ST PAUL PIONEER PRESS 2024 PAVEMENT MGMT
46.80324569758-A05/08/2024223299ST PAUL PIONEER PRESS 2024 PAVEMENT MGMT -
PRESTIGE ESTATES
NEIGHBORHOOD
27.38324569758-A05/08/2024223299ST PAUL PIONEER PRESS LOW ZONE TREATMENT PLANT
FIBER PROJECT
Vendor VEN16141 - ST PAUL PIONEER PRESS Total:482.56
Vendor: VEN31218 - STANTEC CONSULTING SERVICES INC
1,867.28221366305/08/202418196STANTEC CONSULTING SERVI…GRAYMONT VILLAGE 1ST
ADDITION-2/3/24-3/1/24
740.00221366405/08/202418196STANTEC CONSULTING SERVI…MISSISSIPPI LANDING 2/3/24-
3/1/24
Expense Approval Report Payment Dates: 4/26/2024 - 5/8/2024
5/8/2024 4:00:04 PM Page 19 of 36
AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item)
2,580.25221366805/08/202418196STANTEC CONSULTING SERVI…ANNUAL UTILITY MTG-
NORTHPOINT/100TH 2/3/24-
3/1/24
185.00221366905/08/202418196STANTEC CONSULTING SERVI…INFORMATION REQUEST-
NORHART 2/3/24-3/1/24
3,150.50221366905/08/202418196STANTEC CONSULTING SERVI…UTILITY BLDG PM 2/3/24-
3/1/24
107.00221367105/08/202418196STANTEC CONSULTING SERVI…3M SETTLEMENT COMM
2/3/24-3/1/24
856.00221367105/08/202418196STANTEC CONSULTING SERVI…3M SETTLEMENT ADMIN
2/3/24-3/1/24
3,399.50221367105/08/202418196STANTEC CONSULTING SERVI…PFAS REVIEW 2/3/24-3/1/24
160.50221367105/08/202418196STANTEC CONSULTING SERVI…PFAS ANALYSIS 2/3/24-3/1/24
662.00221367105/08/202418196STANTEC CONSULTING SERVI…WELL 9 2/3/24-3/1/24
455.00221367105/08/202418196STANTEC CONSULTING SERVI…DNR WATER LEVEL
MONITORING 2/3/24-3/1/24
182.50221367105/08/202418196STANTEC CONSULTING SERVI…PINE HILL / GRANGE 2/3/24-
3/1/24
1,456.00221367105/08/202418196STANTEC CONSULTING SERVI…MDH GRANT 2/3/24-3/1/24
2,607.25221367205/08/202418196STANTEC CONSULTING SERVI…SUMMERS LANDING 4TH
ADDITION 2/3/24-3/1/24
51,566.84221367305/08/202418196STANTEC CONSULTING SERVI…INTERMED ZONE WATER
TREAT PLANT 2/3/24-3/1/24
11,305.25221367705/08/202418196STANTEC CONSULTING SERVI…AGGREGATE INDUSTRIES EIS
SUPPORT 2/3/24-3/1/24
64,021.64221367905/08/202418196STANTEC CONSULTING SERVI…LOW ZONE WTP 2/3/24-3/1/24
1,187.72221368005/08/202418196STANTEC CONSULTING SERVI…GOODVIEW AVE WATERMAIN
EXTEN 2/3/24-3/1/24
16,334.25221368105/08/202418196STANTEC CONSULTING SERVI…105TH ST/100TH ST/IDEAL AVE
2/3/24-3/1/24
1,611.25221368305/08/202418196STANTEC CONSULTING SERVI…SOUTH DISTRICT STREET &
UTILITY 2/3/24-3/1/24
107.00221368605/08/202418196STANTEC CONSULTING SERVI…WELL 7 TEMP TREATMENT
PLANT 2/3/24-3/1/24
53.50221368805/08/202418196STANTEC CONSULTING SERVI…GRANGE TRUNK WATER MAIN
2/3/24-3/1/24
6,151.25221368905/08/202418196STANTEC CONSULTING SERVI…MAINTENANCE FACILITY-ENG
SVCS 2/3/24-3/1/24
875.00221369605/08/202418196STANTEC CONSULTING SERVI…2023 ROUTINE BRIDGE
INSPECTIONS 2/3/24-3/1/24
6,419.96221369705/08/202418196STANTEC CONSULTING SERVI…SOUTH DISTRICT STREET
IMPROVE 2/3/24-3/1/24
29,748.23221370305/08/202418196STANTEC CONSULTING SERVI…WELLS 9 & 11 TEMP
TREATMENT PLANT 2/3/24-
3/1/24
8,563.25221370305/08/202418196STANTEC CONSULTING SERVI…WELLS 9 & 11 TEMP
TREATMENT PLANT 2/3/24-
3/1/24
2,782.00221370505/08/202418196STANTEC CONSULTING SERVI…NEWPORT INTERCONNECT
2/3/24-3/1/24
2,583.50221370605/08/202418196STANTEC CONSULTING SERVI…UB SOFTWARE CONVERSION
PROJ MGMT 2/3/24-3/1/24
10,560.00221387405/08/202418196STANTEC CONSULTING SERVI…GRAYMONT VILLAGE 2ND
ADDITION 2/3/24-3/1/24
Vendor VEN31218 - STANTEC CONSULTING SERVICES INC Total:232,279.42
Vendor: VEN36980 - STONEBROOKE EQUIPMENT INC
318.507605305/01/2024223221STONEBROOKE EQUIPMENT I…LIGHT AMBER/WHITE &
BLUE/WHITE - 8711/37388
Vendor VEN36980 - STONEBROOKE EQUIPMENT INC Total:318.50
Vendor: VEN19294 - STREICHER'S POLICE EQUIPMENT
2,001.62I169303805/01/202418133STREICHER'S POLICE EQUIPM…40MM PROJECTILE ROUNDS
Vendor VEN19294 - STREICHER'S POLICE EQUIPMENT Total:2,001.62
Expense Approval Report Payment Dates: 4/26/2024 - 5/8/2024
5/8/2024 4:00:04 PM Page 20 of 36
AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item)
Vendor: VEN31202 - SUPERIOR TURF SERVICES, INC
2,364.50512505/01/2024223222SUPERIOR TURF SERVICES, INC FERTILIZERS
414.08512505/01/2024223222SUPERIOR TURF SERVICES, INC HERBICIDE CHEMICALS
838.97516005/08/2024223300SUPERIOR TURF SERVICES, INC FERTILIZERS
Vendor VEN31202 - SUPERIOR TURF SERVICES, INC Total:3,617.55
Vendor: VEN20035 - T.A. SCHIFSKY & SONS INC
641.607006905/01/2024223223T.A. SCHIFSKY & SONS INC ASPHALT FOR WATERMAIN
REPAIRS
1,377.817008505/08/2024223301T.A. SCHIFSKY & SONS INC 3/8 MIX ASPHALT
Vendor VEN20035 - T.A. SCHIFSKY & SONS INC Total:2,019.41
Vendor: VEN20038 - TENNIS SANITATION LLC
121.07391809105/08/2024223302TENNIS SANITATION LLC APRIL 2024 TRASH SERVICE -
RIVER OAKS
Vendor VEN20038 - TENNIS SANITATION LLC Total:121.07
Vendor: VEN31069 - TERMINAL SUPPLY CO.
44.7831263-0005/08/202418198TERMINAL SUPPLY CO.FUSE HOLDERS - STOCK
Vendor VEN31069 - TERMINAL SUPPLY CO. Total:44.78
Vendor: VEN32056 - THE COTTAGE GROVE PROFESSIONAL FIREFIGHTERS
450.00INV02564805/01/202418134THE COTTAGE GROVE PROFES…5/2/2024 BIWEEKLY PAYROLL-
4/8/24 - 4/21/24
Vendor VEN32056 - THE COTTAGE GROVE PROFESSIONAL FIREFIGHTERS Total:450.00
Vendor: VEN36049 - THE FIRE GROUP INC
2,902.001280905/08/2024223303THE FIRE GROUP INC REPLACED ACCELERATOR ON
DRY FIRE SPRINKLER SYSTEM
335.001300905/08/2024223303THE FIRE GROUP INC CLEANED SMOKE DETECTOR
SYSTEM
Vendor VEN36049 - THE FIRE GROUP INC Total:3,237.00
Vendor: VEN35267 - THE WEATHER APPAREL COMPANY
1,448.77A5545505/01/202418135THE WEATHER APPAREL COM…STAFF APPAREL
Vendor VEN35267 - THE WEATHER APPAREL COMPANY Total:1,448.77
Vendor: VEN36991 - THOMAS BARFELS
26.032024042405/08/2024223304THOMAS BARFELS REFUND UB ACCT# 103676526
8656 JODY CIR S
Vendor VEN36991 - THOMAS BARFELS Total:26.03
Vendor: VEN33351 - TIME COMMUNICATIONS, INC
551.202003-04262405/08/2024223305TIME COMMUNICATIONS, INC ANSWERING SVC
Vendor VEN33351 - TIME COMMUNICATIONS, INC Total:551.20
Vendor: VEN34449 - TITLE SMART
36.852024042405/06/2024223242TITLE SMART REFUND UB ACCT# 800050139
8576 IVYWOOD AVE S
Vendor VEN34449 - TITLE SMART Total:36.85
Vendor: VEN36821 - TITLESMART INC TRUST
77.642024042405/08/2024223306TITLESMART INC TRUST REFUND UB ACCT# 102501397
FILE#25185
Vendor VEN36821 - TITLESMART INC TRUST Total:77.64
Vendor: VEN30420 - T-MOBILE USA, INC
128.22991230196 - APR 202405/08/2024223307T-MOBILE USA, INC DATA CARDS - 3/21/24…
21.37991230196 - APR 202405/08/2024223307T-MOBILE USA, INC DATA CARDS - 3/21/24…
52.52991230196 - APR 202405/08/2024223307T-MOBILE USA, INC DATA CARDS - 3/21/24…
126.41991230196 - APR 202405/08/2024223307T-MOBILE USA, INC DATA CARDS - 3/21/24…
256.44991230196 - APR 202405/08/2024223307T-MOBILE USA, INC DATA CARDS - 3/21/24…
109.04991230196 - APR 202405/08/2024223307T-MOBILE USA, INC DATA CARDS - 3/21/24…
21.37991230196 - APR 202405/08/2024223307T-MOBILE USA, INC DATA CARDS - 3/21/24…
15.57991230196 - APR 202405/08/2024223307T-MOBILE USA, INC DATA CARDS - 3/21/24…
99.09991230196 - APR 202405/08/2024223307T-MOBILE USA, INC DATA CARDS - 3/21/24…
15.58991230196 - APR 202405/08/2024223307T-MOBILE USA, INC DATA CARDS - 3/21/24…
Expense Approval Report Payment Dates: 4/26/2024 - 5/8/2024
5/8/2024 4:00:04 PM Page 21 of 36
AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item)
21.37991230196 - APR 202405/08/2024223307T-MOBILE USA, INC DATA CARDS - 3/21/24…
Vendor VEN30420 - T-MOBILE USA, INC Total:866.98
Vendor: VEN35392 - TOP GOLF USA INC
4,809.389180750305/08/202418199TOP GOLF USA INC TOP TRACER LICENSE FEES-
MAY 2022
Vendor VEN35392 - TOP GOLF USA INC Total:4,809.38
Vendor: VEN29205 - TOTAL MECHANICAL SERVICES, INC
1,081.75S1025405/01/202418136TOTAL MECHANICAL SERVICES…REPLACEMENT OF TWO CTI
NH3 SENSORS
360.00S1026105/01/202418136TOTAL MECHANICAL SERVICES…SEASONAL SHUT DOWN -
WEST SIDE SYSTEM
Vendor VEN29205 - TOTAL MECHANICAL SERVICES, INC Total:1,441.75
Vendor: VEN36693 - TRADEMARK TITLE SERVICES INC
8.142024042405/06/2024223243TRADEMARK TITLE SERVICES I…REFUND UB ACCT# 800042799-
8099 JERGEN AVE S
13.952024042405/06/2024223243TRADEMARK TITLE SERVICES I…REFUND UB ACCT# 103336193-
7078 JOCELYN ALC S
Vendor VEN36693 - TRADEMARK TITLE SERVICES INC Total:22.09
Vendor: VEN32058 - TRANSUNION RISK AND ALTERNATIVE DATA SOLUTIONS, INC
75.0071701-202403-105/01/2024223224TRANSUNION RISK AND ALTE…INFORMATION CHARGES-
3/1/24 - 3/31/24
Vendor VEN32058 - TRANSUNION RISK AND ALTERNATIVE DATA SOLUTIONS, INC Total:75.00
Vendor: VEN20094 - TRENCHERS PLUS, INC.
1,854.61RT4591205/08/202418200TRENCHERS PLUS, INC.RPL DRIVE SHAFT, O/S LABOR -
0044/37340
Vendor VEN20094 - TRENCHERS PLUS, INC. Total:1,854.61
Vendor: VEN20030 - TRIO SUPPLY COMPANY
133.2891068905/01/202418137TRIO SUPPLY COMPANY RESTAURANT SUPPLIES
843.1891068905/01/202418137TRIO SUPPLY COMPANY RESTAURANT SUPPLIES
Vendor VEN20030 - TRIO SUPPLY COMPANY Total:976.46
Vendor: VEN20095 - TRI-STATE BOBCAT, INC.
1,408.58T4890205/01/202418138TRI-STATE BOBCAT, INC.SHAFT, SEAL KIT, KEY, HUB,
SPACER, NUT-9003/37403
Vendor VEN20095 - TRI-STATE BOBCAT, INC. Total:1,408.58
Vendor: VEN34224 - TWIN CITIES HABITAT FOR HUMANITY
10.922024042405/06/2024223244TWIN CITIES HABITAT FOR H…REFUND UB ACCT# 800048688
9901 HAMLET LN S
Vendor VEN34224 - TWIN CITIES HABITAT FOR HUMANITY Total:10.92
Vendor: VEN21000 - ULINE
67.9817681840105/01/202418139ULINE WHITE & ORANGE FLAGGING
MATERIAL - FORESTRY
Vendor VEN21000 - ULINE Total:67.98
Vendor: VEN33723 - ULTIMATE SAFETY CONCEPTS, INC
175.0021088805/01/2024223225ULTIMATE SAFETY CONCEPTS, …MULTI-GAS MONITOR
Vendor VEN33723 - ULTIMATE SAFETY CONCEPTS, INC Total:175.00
Vendor: VEN21636 - UNITED RENTALS (NORTH AMERICA), INC.
663.60232793311-00105/08/2024223309UNITED RENTALS (NORTH AM…CHANGE-OUTS OF
COMPRESSOR & AIR HOSES -
WELL # 3
Vendor VEN21636 - UNITED RENTALS (NORTH AMERICA), INC. Total:663.60
Vendor: VEN21640 - US BANK
42.004246 0445 5570 3929-APR2405/07/202418146US BANK COUNCIL WORKSHOP SNACKS-
MANN
39.364246 0445 5570 3929-APR2405/07/202418146US BANK LEVITT / BAILY LUNCH WITH
ISD-833-LEVITT
122.504246 0445 5570 3929-APR2405/07/202418146US BANK MN BOARD OF AELSLAGID -
LEVITT
Expense Approval Report Payment Dates: 4/26/2024 - 5/8/2024
5/8/2024 4:00:04 PM Page 22 of 36
AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item)
264.004246 0445 5570 3929-APR2405/07/202418146US BANK PROFESSIONAL MEMBERSHIP -
FISCHBACH-MANN
418.204246 0445 5570 3929-APR2405/07/202418146US BANK ICMA CONFERENCE TRAVEL-
LEVITT
50.004246 0445 5570 3929-APR2405/07/202418146US BANK EVENT REGISTRATION ON
LEGISLATIVE UPDATES -
BARNES
537.004246 0445 5570 3929-APR2405/07/202418146US BANK TRAINING REGISTRATION -
BARNES, ANDERSON, MANN-
MAN
1,188.004246 0445 5570 3929-APR2405/07/202418146US BANK RECURRING SERVICE FOR
PROFESSIONAL PLAN -MANN
110.004246 0445 5570 3929-APR2405/07/202418146US BANK DIGITAL COMMUNICATION
OUTREACH-MANN
60.934246 0445 5570 3929-APR2405/07/202418146US BANK EMPLOYEE MILESTONE
ANNIVERSARY LUNCH-MANN
17.844246 0445 5570 3929-APR2405/07/202418146US BANK VOLUNTEER BANQUET
DESSERT-MANN
604.414246 0445 5570 3929-APR2405/07/202418146US BANK APA MEMBERSHIP - MROSLA-R
SCHMITZ
835.004246 0445 5570 3929-APR2405/07/202418146US BANK NATIONAL CONFERENCE
REGISTRATION - MROSLA-R
SCHMIT
96.004246 0445 5570 3929-APR2405/07/202418146US BANK PLANNING CONFERENCE
REGISTRATION - SENSIBLE
LAND U
135.854246 0445 5570 3929-APR2405/07/202418146US BANK PLANNING COMMISSION
TRAINING DINNER-R SCHMITZ
10.304246 0445 5570 3929-APR2405/07/202418146US BANK PLANNING COMMISSION
TRAINING DINNER-R SCHMITZ
243.004246 0445 5570 3929-APR2405/07/202418146US BANK 2024 MINNESOTA
COMMERCIAL ENERGY CODE
ANSI / ASHRA
160.004246 0445 5570 3929-APR2405/07/202418146US BANK RECURRING SUBSCRIPTIONS -
MEMRECUR-DILLON
69.004246 0445 5570 3929-APR2405/07/202418146US BANK ASTM STANDARD
SPECIFICATION FOR
REINFORCED CONCRET
63.004246 0445 5570 3929-APR2405/07/202418146US BANK ASTM STANDARD PRACTICE
FOR INSPECTION AND
ACCEPTAN
620.994246 0445 5570 3929-APR2405/07/202418146US BANK APWA-MN 2024 SPRING
CONFERENCE REGISTRATION -
MEYE
47.044246 0445 5570 3929-APR2405/07/202418146US BANK SUPPLIES FOR TRAIN
DERAILMENT TABLETOP
EXERCISE-RE
13.554246 0445 5570 3929-APR2405/07/202418146US BANK MCALISSTER'S RETIREMENT-
RENSCHEN
13.454246 0445 5570 3929-APR2405/07/202418146US BANK BOOT POLISH -PETERSEN
6.234246 0445 5570 3929-APR2405/07/202418146US BANK MCALISSTER'S RETIREMENT-
RENSCHEN
50.004246 0445 5570 3929-APR2405/07/202418146US BANK SUBSCRIPTION UPGRADE -
KOERNER
74.544246 0445 5570 3929-APR2405/07/202418146US BANK LUNCH FOR NEW OFFICER
FREEMAN-PETERSEN
59.764246 0445 5570 3929-APR2405/07/202418146US BANK MCALISSTER'S RETIREMENT-
RENSCHEN
56.884246 0445 5570 3929-APR2405/07/202418146US BANK STAMPS FOR RECORDS-
RENSCHEN
37.154246 0445 5570 3929-APR2405/07/202418146US BANK FUEL FOR TRAINING-SCHOEN
45.524246 0445 5570 3929-APR2405/07/202418146US BANK UNIFORM NEW OFFICER -
FREEMAN-TORNING
Expense Approval Report Payment Dates: 4/26/2024 - 5/8/2024
5/8/2024 4:00:04 PM Page 23 of 36
AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item)
299.944246 0445 5570 3929-APR2405/07/202418146US BANK BODY CAM CASE -
WATCHGUARD - V300 / PLAIN
BLACK /
506.104246 0445 5570 3929-APR2405/07/202418146US BANK FRAMING OF PD DÉCOR-
HENSELER
237.344246 0445 5570 3929-APR2405/07/202418146US BANK FRAMING OF PD DÉCOR-
HENSELER
54.604246 0445 5570 3929-APR2405/07/202418146US BANK NAME PLATES FOR PICTURES-
HENSELER
36.714246 0445 5570 3929-APR2405/07/202418146US BANK PICS FOR PD DÉCOR -HENSELER
10.604246 0445 5570 3929-APR2405/07/202418146US BANK SHIPPING TO BCA LAB-
RENSCHEN
335.004246 0445 5570 3929-APR2405/07/202418146US BANK PBT STRAWS AND SUPPLIES-
TORNING
123.534246 0445 5570 3929-APR2405/07/202418146US BANK SAFARILAND DISPOSABLE
TRANZPORT HOOD-TORNING
125.004246 0445 5570 3929-APR2405/07/202418146US BANK ATAP MEMBERSHIP -
MCCORMICK-MCCORMICK
190.004246 0445 5570 3929-APR2405/07/202418146US BANK IACP 2024 DUES - KOERNER-
KOERNER
11.124246 0445 5570 3929-APR2405/07/202418146US BANK MEAL FOR TRAINING -
HENSLER-HENSELER
299.004246 0445 5570 3929-APR2405/07/202418146US BANK DE-ESCALATION INSTRUCTOR
COURSE - BAGAN-TORNING
300.004246 0445 5570 3929-APR2405/07/202418146US BANK REGISTRATION - LEADING
BEYOND COMPLIANCE -
SWANSON
30.014246 0445 5570 3929-APR2405/07/202418146US BANK HOLIDAY GAS STAT ION - FUEL
FOR WASHINGTON COUNTY
75.004246 0445 5570 3929-APR2405/07/202418146US BANK REGISTRATION - BCA CRIME
SCENE COURSE FOR MN LAW E
101.694246 0445 5570 3929-APR2405/07/202418146US BANK KP FOD RO SKIRT-GRAFF
34.994246 0445 5570 3929-APR2405/07/202418146US BANK OZZY FIRE HOSE DOG TUG FOR
K9 ODIN-TORNING
156.834246 0445 5570 3929-APR2405/07/202418146US BANK RETRACTABLE BANNERS FOR
FIRE DEPARTMENT-MANN
50.004246 0445 5570 3929-APR2405/07/202418146US BANK SPRINKLER ASSOCIATION DUES
- KING-PRITCHARD
147.504246 0445 5570 3929-APR2405/07/202418146US BANK FIRE / EMS TRAINING-
PRITCHARD
600.004246 0445 5570 3929-APR2405/07/202418146US BANK FIRE TRAINING - SPRINKLER
PLAN REVIEW KING & PRITC
58.224246 0445 5570 3929-APR2405/07/202418146US BANK TAX EXEMPT PLATES FOR FIRE
AND PW-MOSHIER
307.204246 0445 5570 3929-APR2405/07/202418146US BANK ATSSA CONF. - DOUGHTY-
BURFEIND
307.204246 0445 5570 3929-APR2405/07/202418146US BANK ATSSA CONF. - KOERNER-
BURFEIND
307.204246 0445 5570 3929-APR2405/07/202418146US BANK ATSSA CONF. - ZAHNOW-
BURFEIND
231.064246 0445 5570 3929-APR2405/07/202418146US BANK MEAL FOR TRAINING -ORLOFF
37.974246 0445 5570 3929-APR2405/07/202418146US BANK BAKERY ITEMS-BURFEIND
55.334246 0445 5570 3929-APR2405/07/202418146US BANK BAKERY AND PRODUCE ITEMS -
ORLOFF
68.004246 0445 5570 3929-APR2405/07/202418146US BANK STAMP COIL-BURFEIND
136.004246 0445 5570 3929-APR2405/07/202418146US BANK 2X STAMP COIL-BURFEIND
71.754246 0445 5570 3929-APR2405/07/202418146US BANK C-AIR FILTER X 8-MOSHIER
620.994246 0445 5570 3929-APR2405/07/202418146US BANK APWA-MN 2024 SPRING
CONFERENCE REGISTRATION -
BURF
165.004246 0445 5570 3929-APR2405/07/202418146US BANK ARBOR DAY SIGNS PER
SUPPLIED ART HEAVY DUTY
STAKES
Expense Approval Report Payment Dates: 4/26/2024 - 5/8/2024
5/8/2024 4:00:04 PM Page 24 of 36
AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item)
65.844246 0445 5570 3929-APR2405/07/202418146US BANK CO-POLYMER GEL 10#2011-
BURFEIND
200.404246 0445 5570 3929-APR2405/07/202418146US BANK BALD CYPRESS TREE X 10-
FOHRMAN
650.244246 0445 5570 3929-APR2405/07/202418146US BANK IRRIGATION SMART
CONTROLER SERVICE-DOCKTER
58.234246 0445 5570 3929-APR2405/07/202418146US BANK TAX EXEMPT PLATES FOR FIRE
AND PW-MOSHIER
60.414246 0445 5570 3929-APR2405/07/202418146US BANK EGG HUNT AND GLACIAL
VALLEY SUPPLIES-
PIETRUSZEWSKI
26.014246 0445 5570 3929-APR2405/07/202418146US BANK EGG HUNT SUPPLIES-
PIETRUSZEWSKI
29.254246 0445 5570 3929-APR2405/07/202418146US BANK GREASE GUN COUPLERS WITH
GREASE FITTINGS CLEANER-H
9.954246 0445 5570 3929-APR2405/07/202418146US BANK SCHEDULING SOFTWARE-
MUCKENHIRN
23.674246 0445 5570 3929-APR2405/07/202418146US BANK GRIZZLY LEAGUE PAID SOCIAL
ADS-MANN
10.824246 0445 5570 3929-APR2405/07/202418146US BANK -HIRMAN
88.834246 0445 5570 3929-APR2405/07/202418146US BANK CLEANING MATERIALS,
SUPPLIES-BOE
415.524246 0445 5570 3929-APR2405/07/202418146US BANK SIRIUS XM ANNUAL INTERNET
SERVICE - PRIMARY - 03/2
68.784246 0445 5570 3929-APR2405/07/202418146US BANK REMAINING TIME ON
SCHEDULE PRO-LEGACY-NEITZ
849.004246 0445 5570 3929-APR2405/07/202418146US BANK THERMAL LABELS AND POSTER
PAPERS-NEITZ
143.634246 0445 5570 3929-APR2405/07/202418146US BANK STAFF TRAINING AND LUNCH
(JOEL, WADE, ANDY, BARRET
753.094246 0445 5570 3929-APR2405/07/202418146US BANK CLOTHING FOR PRO SHOP -
HANSON
251.684246 0445 5570 3929-APR2405/07/202418146US BANK GAS CAP GUAGES FOR JD TRAP
RAKES-HUESMAN
68.784246 0445 5570 3929-APR2405/07/202418146US BANK REMAINING TIME ON
SCHEDULE PRO-LEGACY-NEITZ
80.004246 0445 5570 3929-APR2405/07/202418146US BANK EMCP L2 REGISTRATION -
HUESMAN-HUESMAN
40.004246 0445 5570 3929-APR2405/07/202418146US BANK EMCP TEST - GOLF COURSE
SUPERINTENDENTS
ASSOCIATIO
259.414246 0445 5570 3929-APR2405/07/202418146US BANK PAPER PRODUCTS AND
SUPPLIES-NEITZ
17.114246 0445 5570 3929-APR2405/07/202418146US BANK 4 PACK OF 9V BATTERIES-SONN
139.004246 0445 5570 3929-APR2405/07/202418146US BANK GLASS TUBE AND CONTROL
KNOB-HUESMAN
68.804246 0445 5570 3929-APR2405/07/202418146US BANK REMAINING TIME ON
SCHEDULE PRO-LEGACY-NEITZ
274.004246 0445 5570 3929-APR2405/07/202418146US BANK PAYMENT FOR OPEN TABLE
SUBSCRIPTION MONTHLY
PAYMEN
85.414246 0445 5570 3929-APR2405/07/202418146US BANK ADS SPEND SINCE MARCH 8,
2024-NEITZ
11.724246 0445 5570 3929-APR2405/07/202418146US BANK ADS SPEND SINCE MARCH 15,
2024-NEITZ
691.204246 0445 5570 3929-APR2405/07/202418146US BANK WEDDING PRO PROFESSIONAL
ALL VENUE GROUP
MINNEAPOL
409.664246 0445 5570 3929-APR2405/07/202418146US BANK RENTAL OF 12X12 WHITE DANE
FLOOR-SONN
18.654246 0445 5570 3929-APR2405/07/202418146US BANK MAILING VISITOR GUIDES-
MANN
18.654246 0445 5570 3929-APR2405/07/202418146US BANK SHIPPING VISITOR GUIDES-
MANN
Expense Approval Report Payment Dates: 4/26/2024 - 5/8/2024
5/8/2024 4:00:04 PM Page 25 of 36
AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item)
18.654246 0445 5570 3929-APR2405/07/202418146US BANK SHIPPING VISITOR GUIDES-
MANN
18.654246 0445 5570 3929-APR2405/07/202418146US BANK SHIPPING VISITOR GUIDES-
MANN
21.454246 0445 5570 3929-APR2405/07/202418146US BANK SHIPPING VISITOR GUIDES-
MANN
800.004246 0445 5570 3929-APR2405/07/202418146US BANK EXPLORE MN - MALL OF
AMERICA BROCHURE-MANN
87.504246 0445 5570 3929-APR2405/07/202418146US BANK PAYMENT TO COTTAGE GROVE
STRAWBERRY FEST-MANN
10.784246 0445 5570 3929-APR2405/07/202418146US BANK SUPPLIES BUSINESS OWNER
BREAKFAST-LARSON
395.004246 0445 5570 3929-APR2405/07/202418146US BANK FACILITY IMPROVEMENT
BROCHURE-LARSON
4.044246 0445 5570 3929-APR2405/07/202418146US BANK MONTHLY SUBSCRIPTION FEE-
LARSON
1,135.004246 0445 5570 3929-APR2405/07/202418146US BANK ANNUAL MEMBERSHIP
RENEWAL - MEMBERSHIP
PERIOD MARC
135.004246 0445 5570 3929-APR2405/07/202418146US BANK MINNEAPOLIS / ST. PAUL
BUSINESS JOURNAL DIGITAL SU
32.004246 0445 5570 3929-APR2405/07/202418146US BANK MONTHLY SUBSCRIPTION -
FINANCE AND NEWS-LARSON
71.404246 0445 5570 3929-APR2405/07/202418146US BANK MAYOR AND CM OLSEN TRIP
INSURANCE-LARSON
1,512.504246 0445 5570 3929-APR2405/07/202418146US BANK ICSC 2024 EVENT
REGISTRATION FOR MAYOR,
NEW DUES F
1,050.004246 0445 5570 3929-APR2405/07/202418146US BANK OLSEN REGISTRATION ICSC-L
MALINOWSKI
667.204246 0445 5570 3929-APR2405/07/202418146US BANK ICSC2024 FLIGHT FOR MAYOR-
LARSON
667.204246 0445 5570 3929-APR2405/07/202418146US BANK ICSC2024 FLIGHT FOR CM
OLSEN-LARSON
4.994246 0445 5570 3929-APR2405/07/202418146US BANK ONLINE POSTAGE-ANSELMENT
83.404246 0445 5570 3929-APR2405/07/202418146US BANK DOODLE SCHEDULING ANNUAL
FEE-ANSELMENT
90.604246 0445 5570 3929-APR2405/07/202418146US BANK ONLINE ADVERTISING -
ANSELMENT
37.004246 0445 5570 3929-APR2405/07/202418146US BANK ONLINE WAIVER
SUBSCRIPTION-ANSELMENT
110.004246 0445 5570 3929-APR2405/07/202418146US BANK ONLINE EMAIL LIST GROUPS-
ANSELMENT
105.504246 0445 5570 3929-APR2405/07/202418146US BANK REPLACEMENT PART FOR
MATS ROOM SCRUBBER…
154.564246 0445 5570 3929-APR2405/07/202418146US BANK TOOLS FOR REPAIRS AT HERO
CENTER-ANSELMENT
102.054246 0445 5570 3929-APR2405/07/202418146US BANK STAFF TRAINING /
LULNCHEON-ANSELMENT
70.004246 0445 5570 3929-APR2405/07/202418146US BANK ELECTRICAL FOR ETI
CONFERENCE BOOTH-
ANSELMENT
21.124246 0445 5570 3929-APR2405/07/202418146US BANK ALL EMPLOYEE TRAINING /
LUNCHEON-ANSELMENT
241.024246 0445 5570 3929-APR2405/07/202418146US BANK WELL 2 TREATMENT-BURFEIND
33.514246 0445 5570 3929-APR2405/07/202418146US BANK GROUND SHIPPING - TO
CALGON CARBON
CORPORATION-ALT
87.504246 0445 5570 3929-APR2405/07/202418146US BANK PAYMENT TO COTTAGE GROVE
STRAWBERRY FEST-MANN
10.404246 0445 5570 3929-APR2405/07/202418146US BANK MAILED KEY BACK TO
ENTERPRISE CAR RENTAL -
MOSHIER
-170.694246 0445 5570 3929-APR2405/07/202418146US BANK SALES TAX REIMBURSEMENT-
ALT
Expense Approval Report Payment Dates: 4/26/2024 - 5/8/2024
5/8/2024 4:00:04 PM Page 26 of 36
AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item)
2,208.694246 0445 5570 3929-APR2405/07/202418146US BANK PLUSRITE 7240 - 100 WATT
PULSE START METAL HALIDE
-91.714246 0445 5570 3929-APR2405/07/202418146US BANK SALES TAX REIMBURSEMENT-
ALT
32.004246 0445 5570 3929-APR2405/07/202418146US BANK PARAMEDIC RECERTIFICATION
APPLICATION FEE-ZIEBARTH
265.004246 0445 5570 3929-APR2405/07/202418146US BANK EMS TRAINING - CPR -
PRITCHARD
147.504246 0445 5570 3929-APR2405/07/202418146US BANK FIRE / EMS TRAINING-
PRITCHARD
28.414246 0445 5570 3929-APR2405/07/202418146US BANK MAKITA AIR DUCT, EA7900P-
MOSHIER
39.154246 0445 5570 3929-APR2405/07/202418146US BANK MAKITA STARTER RACHET CLIP
X 2-MOSHIER
86.224246 0445 5570 3929-APR2405/07/202418146US BANK RAM NO-DRILL VEHICLE BASE
FOR 15-24 FORD F-150, 17
516.374246 0445 5570 3929-APR2405/07/202418146US BANK VERTICAL POLY BLADE -
MOSHIER
999.004246 0445 5570 3929-APR2405/07/202418146US BANK MECHANIC TOOL SET IN EVA,
ROLLING TOOL CABINET - S
114.944246 0445 5570 3929-APR2405/07/202418146US BANK FIRE DEPARTMENT CHAINSAW-
MOSHIER
45.004246 0445 5570 3929-APR2405/07/202418146US BANK REGISTRATION TRANSITIONING
INTO LEADERSHIP: ESSENT
45.004246 0445 5570 3929-APR2405/07/202418146US BANK REGISTRATION TRANSITIONING
INTO LEADERSHIP: ESSENT
725.904246 0445 5570 3929-APR2405/07/202418146US BANK ZOHO ASSIST -BLUHM
17.504246 0445 5570 3929-APR2405/07/202418146US BANK DOMEIN RENEWAL-BLUHM
607.004246 0445 5570 3929-APR2405/07/202418146US BANK ICE ARENA P.O.S-BLUHM
105.174246 0445 5570 3929-APR2405/07/202418146US BANK DOMEIN RENEWAL-BLUHM
88.184246 0445 5570 3929-APR2405/07/202418146US BANK CLOUD STORAGE 3/25/24 -
3/24/24-BLUHM
546.204246 0445 5570 3929-APR2405/07/202418146US BANK MAY - SMART CITY
CONFERENCE -BLUHM
Vendor VEN21640 - US BANK Total:32,202.97
Vendor: VEN32448 - US BANK
125.011423801505/08/2024223310US BANK QUARTERLY CUSTODY FEES-
1/1/24 - 3/31/24
Vendor VEN32448 - US BANK Total:125.01
Vendor: VEN32558 - US BANK
2,349.594485 5945 5552 1457 APR
2024
05/08/2024223311US BANK APR 2024 UNIFORM
PURCHASES
212.234485 5945 5552 1457 APR
2024
05/08/2024223311US BANK APR 2024 UNIFORM
PURCHASES
Vendor VEN32558 - US BANK Total:2,561.82
Vendor: VEN22333 - VALLEY SALES OF HASTINGS, INC.
143.9840864605/01/2024223226VALLEY SALES OF HASTINGS, I…APM, TIRE ROTATION,BRK
BULB - 1402/37414
1,827.5040867505/01/2024223226VALLEY SALES OF HASTINGS, I…APM,RPL WHEEL SENSOR,FRNT
ROTORS - 1403/37416
93.6940880205/08/2024223312VALLEY SALES OF HASTINGS, I…PM & TIRE ROTATION -
1503/37424
93.6940898505/08/2024223312VALLEY SALES OF HASTINGS, I…PM & TIRE ROTATION -
1508/37450
Vendor VEN22333 - VALLEY SALES OF HASTINGS, INC. Total:2,158.86
Vendor: VEN32105 - WARNING LITES OF MN, INC
956.01588305/08/202418201WARNING LITES OF MN, INC PEDISTRAIN 2 SIDED SIGNS -
STREETS
Vendor VEN32105 - WARNING LITES OF MN, INC Total:956.01
Expense Approval Report Payment Dates: 4/26/2024 - 5/8/2024
5/8/2024 4:00:04 PM Page 27 of 36
AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item)
Vendor: VEN23259 - WASHINGTON CONSERVATION DISTRICT
2,844.40647605/08/2024223313WASHINGTON CONSERVATIO…WATER MONITORING 1ST Q
CHARGES 2024
Vendor VEN23259 - WASHINGTON CONSERVATION DISTRICT Total:2,844.40
Vendor: VEN30136 - WASHINGTON COUNTY PUBLIC SAFETY RADIO
500.1022236805/08/2024223314WASHINGTON COUNTY PUBLI…1ST QTR JAN-MAR 2024
2,250.4522236805/08/2024223314WASHINGTON COUNTY PUBLI…1ST QTR JAN-MAR 2024
2,250.4522236805/08/2024223314WASHINGTON COUNTY PUBLI…1ST QTR JAN-MAR 2024
Vendor VEN30136 - WASHINGTON COUNTY PUBLIC SAFETY RADIO Total:5,001.00
Vendor: VEN23156 - WASHINGTON COUNTY PUBLIC WORKS DEPT
1,090.2222276105/01/202418140WASHINGTON COUNTY PUBLI…TRAFFIC EQUIPMENT DAMAGE
Vendor VEN23156 - WASHINGTON COUNTY PUBLIC WORKS DEPT Total:1,090.22
Vendor: VEN34963 - WASTE MANAGEMENT OF MINNESOTA INC
188.989078486-2282-105/08/2024223315WASTE MANAGEMENT OF MI…COMPOST DUMPSTER SVC-
5/1/24 - 5/31/24
Vendor VEN34963 - WASTE MANAGEMENT OF MINNESOTA INC Total:188.98
Vendor: VEN23256 - WATER CONSERVATION SERVICE, INC.
360.131396805/08/202418202WATER CONSERVATION SERV…LEAK LOCATE - HENNA &
HOMESTEAD - WATER
Vendor VEN23256 - WATER CONSERVATION SERVICE, INC. Total:360.13
Vendor: VEN32120 - WATERMARK TITLE AGENCY, LLC
124.432024042405/06/2024223245WATERMARK TITLE AGENCY, L…REFUND UB ACCT# 800050248
8461 81ST ST S
140.492024042405/06/2024223245WATERMARK TITLE AGENCY, L…REFUND UB ACCT# 800049527
6344 JEFFREY AVE S
Vendor VEN32120 - WATERMARK TITLE AGENCY, LLC Total:264.92
Vendor: VEN29141 - WATSON COMPANY INC.
764.6914137305/01/2024223227WATSON COMPANY INC.SNACKS FOR CLUBHOUSE
565.8814162705/08/2024223316WATSON COMPANY INC.SNACKS FOR CLUBHOUSE
Vendor VEN29141 - WATSON COMPANY INC. Total:1,330.57
Vendor: VEN23122 - WEATHER WATCH INC
220.001246805/01/202418141WEATHER WATCH INC WEATHER SERVICE -
Vendor VEN23122 - WEATHER WATCH INC Total:220.00
Vendor: VEN36837 - WILD CAT CLEANING SERVICES LLC
318.9520240305/08/2024223317WILD CAT CLEANING SERVICES…PYMT #2 & FINAL - GLACIAL
VALLEY PARK BUILDING
Vendor VEN36837 - WILD CAT CLEANING SERVICES LLC Total:318.95
Vendor: VEN31081 - WITMER PUBLIC SAFETY GROUP, INC
168.52INV46148605/01/2024223228WITMER PUBLIC SAFETY GRO…FIRE EQUIPMENT
REPLACEMENT
Vendor VEN31081 - WITMER PUBLIC SAFETY GROUP, INC Total:168.52
Vendor: VEN24065 - XCEL ENERGY
-131.9886510786205/06/2024223246XCEL ENERGY PRO SHOP -1/15/24 - 2/13/24
-1,228.5086510786205/06/2024223246XCEL ENERGY PUMPHOUSE -1/15/24 -
2/13/24
-5.1586510786205/06/2024223246XCEL ENERGY MAINT BLDG -1/15/24 -
2/13/24
-703.9986510786205/06/2024223246XCEL ENERGY CLUBHOUSE -1/15/24 -
2/13/24
-28,577.3286533941005/06/2024223246XCEL ENERGY WATER -1/14/24 - 2/12/24
-15.0686577877705/06/2024223246XCEL ENERGY C/D SIRENS -1/18/24 - 2/17/24
84.0786661842205/06/2024223246XCEL ENERGY WATER-1/14/24 -2/12/24
21.3686894466905/06/2024223246XCEL ENERGY GLENDENNING- 2/14/24 -
3/13/24
87.8386913762705/06/2024223246XCEL ENERGY PINE COULEE LIGHTS- 2/13/24
- 3/14/24
10.7186921276905/06/2024223246XCEL ENERGY SOUTHPOINT- 2/13/24-
3/14/24
Expense Approval Report Payment Dates: 4/26/2024 - 5/8/2024
5/8/2024 4:00:04 PM Page 28 of 36
AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item)
91.4086925910205/06/2024223246XCEL ENERGY 9750 65TH ST S FEEDPOINT -
2/13/24-3/14/24
6,477.6386926307905/06/2024223246XCEL ENERGY HERO CENTER ELEC- 2/13/24-
3/14/24
3.1386926689505/06/2024223246XCEL ENERGY 8193 GRANGE BLVD UNIT
SIREN- 2/13/24 - 3/14/24
69.4086927682805/06/2024223246XCEL ENERGY 8500 95TH ST S UNIT TRAFFIC
SIG -2/13/24 - 3/14/24
40.3286927905205/06/2024223246XCEL ENERGY 6497 INSPIRE CIR S FEEDPOINT-
2/13/24-3/14/24
113.1386928801305/06/2024223246XCEL ENERGY 7064 W PT DOUGLAS RD S
FEEDPOINT-2/13/24-3/14/24
23.2786929013805/06/2024223246XCEL ENERGY 6527 GENEVIEVE TRL
FEEDPOINT-2/13/24-3/14/24
45.4486929546305/06/2024223246XCEL ENERGY 6424 HARKNESS AVE S
FEEDPOINT-2/13/24-3/14/24
111.8486930367105/06/2024223246XCEL ENERGY LIFT STATION- 2/12/24 -
3/14/24
64.4686930752105/06/2024223246XCEL ENERGY 9900 JAMAICA AVE S UNIT
LIGHT -2/13/24-3/14/24
46.1786930999205/06/2024223246XCEL ENERGY 7901A 100TH ST S - 2/13/24-
3/14/24
79.7586931301305/06/2024223246XCEL ENERGY 8311 60TH ST S UNIT ST
LIGHTS-2/13/24-3/14/24
57.6386931980405/06/2024223246XCEL ENERGY 9200 GRANADA AVE S
FEEDPOINT-2/13/24-3/14/24
121.4086932128405/06/2024223246XCEL ENERGY 6490 IDSEN AVE S FEEDPOINT-
2/13/24- 3/14/24
160.7486932285105/06/2024223246XCEL ENERGY 8031 80TH ST S FEEDPOINT -
2/13/24-3/14/24
0.5486933239605/06/2024223246XCEL ENERGY 10500A IDEAL AVE S UNIT
LIGHT -2/13/24-3/14/24
1,521.3286933341305/06/2024223246XCEL ENERGY 8540 81st St S Unit Well 7 -
2/13/24-3/14/24
28,729.6086939215205/06/2024223246XCEL ENERGY WATER- 2/7/24 - 3/8/24
429.1586940905905/06/2024223246XCEL ENERGY GOLF COURSE PRO SHOP-
2/13/24-3/14/24
173.2486940905905/06/2024223246XCEL ENERGY GOLF COURSE MAINT BLDG-
2/13/24-3/14/24
1,586.1486940905905/06/2024223246XCEL ENERGY GOLF COURSE CLUB HOUSE-
2/13/24-3/14/24
2,475.9786941193605/06/2024223246XCEL ENERGY PARK BUILDINGS - 2/7/24 -
3/10/24
39.0686942087405/06/2024223246XCEL ENERGY C/D SIRENS- 2/18/24- 3/17/24
23,337.3386943433305/06/2024223246XCEL ENERGY ICE ARENA -2/13/24-3/14/24
1,202.5486962078405/06/2024223246XCEL ENERGY FIRE DEPT -2/13/24-3/14/24
5,448.7386965851405/06/2024223246XCEL ENERGY PUBLIC WORKS -2/13/24-
3/14/24
3,268.3086972508605/06/2024223246XCEL ENERGY CENTRAL FIRE -2/13/24-
3/14/24
5,888.4887344719404/26/2024223175XCEL ENERGY HERO CENTER ELEC- 3/14/24-
4/14/24
70.5987345249604/26/2024223175XCEL ENERGY 8500 95TH ST S UNIT TRAFFIC
SIG- 3/14/24-4/14/24
38.4987345269904/26/2024223175XCEL ENERGY 6497 INSPIRE CIR S FEEDPOINT-
3/14/24-4/14/24
87.2787346423504/26/2024223175XCEL ENERGY 9750 65TH ST S FEEDPOINT -
3/14/24-4/14/24
75.6487346505404/26/2024223175XCEL ENERGY 8311 60TH ST S UNIT ST
LIGHTS- 3/14/24-4/14/24
22.2887346899604/26/2024223175XCEL ENERGY 6527 GENEVIEVE TRL
FEEDPOINT- 3/14/24-4/14/24
39.8787347575704/26/2024223175XCEL ENERGY 9200 GRANADA AVE S
FEEDPOINT- 3/14/24-4/14/24
Expense Approval Report Payment Dates: 4/26/2024 - 5/8/2024
5/8/2024 4:00:04 PM Page 29 of 36
AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item)
115.6187347997804/26/2024223175XCEL ENERGY 6490 IDSEN AVE S FEEDPOINT-
3/14/24-4/14/24
88.5187348112404/26/2024223175XCEL ENERGY 7064 W PT DOUGLAS RD S
FEEDPOINT- 3/14/24-4/14/24
43.1787348626304/26/2024223175XCEL ENERGY 6424 HARKNESS AVE S
FEEDPOINT- 3/14/24-4/14/24
46.3887348987804/26/2024223175XCEL ENERGY 7901A 100TH ST S - 3/14/24-
4/14/24
1,680.3487351101904/26/2024223175XCEL ENERGY 8540 81ST ST S UNIT WELL 7 -
3/14/24-4/14/24
154.7687351609704/26/2024223175XCEL ENERGY 8031 80TH ST S FEEDPOINT -
3/14/24-4/14/24
5.7687352533804/26/2024223175XCEL ENERGY 10500A IDEAL AVE S UNIT
LIGHTING- 3/14/24-4/14/24
10.1287369210105/08/2024223318XCEL ENERGY 7696A 106TH ST S- 4/1/24 -
4/11/24
9.8387369914105/08/2024223318XCEL ENERGY 9810A UPPER 89TH ST- 4/1/24
- 4/11/24
462.1587376924704/26/2024223175XCEL ENERGY PRO SHOP - 3/14/24-4/13/24
182.9187376924704/26/2024223175XCEL ENERGY MAINT BLDG - 3/14/24-
4/13/24
1,626.8087376924704/26/2024223175XCEL ENERGY CLUBHOUSE - 3/14/24-4/13/24
93.1087379486004/26/2024223175XCEL ENERGY WATER- 3/14/24-4/13/24
2,179.5187397905604/26/2024223175XCEL ENERGY PARK BUILDINGS-3/10/24-
4/8/24
41.3487399609804/26/2024223175XCEL ENERGY C/D SIRENS - 3/18/24-4/17/24
979.6387414742904/26/2024223175XCEL ENERGY FIRE DEPT- 3/14/24-4/14/24
12,573.0587416030905/01/2024223229XCEL ENERGY CITY STREET LIGHTS- 3/14/24 -
4/14/24
5,032.3487416530304/26/2024223175XCEL ENERGY PUBLIC WORKS- 3/14/24-
4/14/24
3,016.9387420924404/26/2024223175XCEL ENERGY CENTRAL FIRE- 3/14/24-
4/14/24
1,608.4687524923705/08/2024223318XCEL ENERGY PUMPHOUSE - 3/12/24 -
4/10/24
12.5487556271505/08/2024223318XCEL ENERGY GLACIAL VALLEY PARK-
3/17/24 - 4/15/24
729.3887464015105/01/2024223229XCEL ENERGY GLACIAL VALLEY PARK-
3/17/24 - 4/15/24
Vendor VEN24065 - XCEL ENERGY Total:82,174.84
Vendor: VEN32213 - YOLEISY VALDES-GONZALES
382.753521705/08/202418203YOLEISY VALDES-GONZALES SPRING CLEANUP - HERO
CENTER
1,084.003521805/08/202418203YOLEISY VALDES-GONZALES MONTHLY LAWN SERVICE -
HERO CENTER
506.003521905/08/202418203YOLEISY VALDES-GONZALES MONTHLY LAWN CARE- FIRE
STATION # 4
164.753522005/08/202418203YOLEISY VALDES-GONZALES SPRING CLEANUP - FIRE
STATION # 4
2,245.003522105/08/202418203YOLEISY VALDES-GONZALES MONTHLY LAWN SERVICE -
CITY HALL
394.753522205/08/202418203YOLEISY VALDES-GONZALES SPRING CLEANUP - CITY HALL
774.003522305/08/202418203YOLEISY VALDES-GONZALES MONTHLY LAWN CARE -
CENTRAL FIRE
176.753522405/08/202418203YOLEISY VALDES-GONZALES SPRING CLEANUP - CENTRAL
FIRE
Vendor VEN32213 - YOLEISY VALDES-GONZALES Total:5,728.00
Vendor: VEN36997 - ZCS NATIONAL ESCROW ACCOUNT
25.002024042405/08/2024223319ZCS NATIONAL ESCROW ACC…REFUND UB ACCT# 800050124
FILE#2107-MN-123395
Vendor VEN36997 - ZCS NATIONAL ESCROW ACCOUNT Total:25.00
Vendor: VEN26201 - ZIEGLER INC.
133.80IN00143304705/01/202418142ZIEGLER INC.LINKS - 8303/37169
Expense Approval Report Payment Dates: 4/26/2024 - 5/8/2024
5/8/2024 4:00:04 PM Page 30 of 36
AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item)
627.18SI00047433705/01/202418142ZIEGLER INC.DRAG CHAIN RPR, O/S LABOR -
8303/37169
48.58IN00145054505/01/202418142ZIEGLER INC.HOSE ASSEMBLY - 8207/37092
1,528.01SI00048040905/08/202418204ZIEGLER INC.RPR DRAG CHAINS, O/S LABOR
- 8303/37451
Vendor VEN26201 - ZIEGLER INC. Total:2,337.57
Vendor: VEN26003 - ZYWIEC'S LANDSCAPE AND GARDEN CENTER
44.4322019905/01/2024223230ZYWIEC'S LANDSCAPE AND G…PLANT FERTILIZERS
Vendor VEN26003 - ZYWIEC'S LANDSCAPE AND GARDEN CENTER Total:44.43
Grand Total:4,386,017.99
Expense Approval Report Payment Dates: 4/26/2024 - 5/8/2024
5/8/2024 4:00:04 PM Page 31 of 36
Report Summary
Fund Summary
Payment AmountFund
100 - GENERAL FUND 214,376.71
210 - EQUIPMENT REPLACEMENT 28,845.00
215 - RECYCLING 188.98
230 - SURFACE WATER MANAGEMENT 4,869.89
250 - ICE ARENA 30,928.81
255 - GOLF COURSE SPECIAL REVENUE FUND 61,717.28
265 - CG CONVENTION & VISITORS BUREAU 4,584.55
285 - ECONOMIC DEVELOPMENT AUTHORITY 8,292.96
286 - ECONOMIC DEVELOPMENT TRUST 8,031.21
290 - HERO CENTER OPERATIONS 17,160.44
455 - 3M SETTLEMENT - MPCA 2,822,727.00
510 - FUTURE PROJECTS 2,736.65
520 - MSA CONSTRUCTION 716,766.19
560 - PAVEMENT MANAGEMENT 71,057.20
568 - DEVELOPER PETITIONED PROJECTS 2,607.25
570 - PARK TRUST 24,712.13
610 - WATER OPERATING 39,335.55
620 - SEWER OPERATING 16,783.22
630 - STREET LIGHTS 21,197.90
660 - SOUTH WASHINTON COUNTY AMBUL 6,555.71
700 - SELF INSURANCE 5,373.73
710 - FLEET MAINTENANCE 58,683.80
720 - INFORMATION TECHNOLOGY 27,543.59
800 - INVESTMENTS 125.01
810 - DEVELOPER LETTER OF CREDIT 40,806.78
990 - PAYROLL FUND 150,010.45
4,386,017.99Grand Total:
Account Summary
Payment AmountAccount Number Account Name
100-01-0010-4210 OP SUPPLY-OTHER 42.00
100-02-0110-4210 OP SUPPLY-OTHER 39.36
100-02-0110-4305 FEES FOR SERVICE 376.00
100-02-0110-4340 PRINTING 50.00
100-02-0110-4401 DUES & SUBS 386.50
100-02-0110-4403 TRAVEL/TRAIN/CON 1,005.20
100-04-0200-4300 PROF SERVICES 521.12
100-08-0395-4401 DUES & SUBS 1,298.00
100-08-0395-4434 SPECIAL EVENTS 78.77
100-09-2500-3816 REFUND & REIMBRS 50.00
100-09-2500-4200 OFFICE SUPPLIES 179.49
100-09-2500-4211 MOTOR FUELS 4,209.06
100-09-2500-4305 FEES FOR SERVICE 2,684.50
100-09-2500-4372 MAINT-REPAIR/BLD 380.00
100-09-2500-4380 RENTAL/LEASE 1,509.15
100-09-2500-4405 CLEAN/WASTE REMV 724.00
100-10-1100-4300 PROF SERVICES 157.29
100-10-1100-4340 PRINTING 50.00
100-10-1100-4341 ADVER/PUBLISH 32.24
100-10-1100-4401 DUES & SUBS 604.41
100-10-1100-4403 TRAVEL/TRAIN/CON 931.00
100-10-1100-4434 SPECIAL EVENTS 146.15
100-13-1000-4210 OP SUPPLY-OTHER 243.00
100-13-1000-4300 PROF SERVICES 9,899.88
100-13-1000-4310 COMMUNICATION 128.22
100-13-1000-4401 DUES & SUBS 160.00
100-14-2040-4210 OP SUPPLY-OTHER 132.00
Expense Approval Report Payment Dates: 4/26/2024 - 5/8/2024
5/8/2024 4:00:04 PM Page 32 of 36
Account Summary
Payment AmountAccount Number Account Name
100-14-2040-4301 ENGINEERING SVS 3,455.25
100-14-2040-4310 COMMUNICATION 21.37
100-14-2040-4403 TRAVEL/TRAIN/CON 620.99
100-15-0400-4210 OP SUPPLY-OTHER 47.04
100-15-0400-4300 PROF SERVICES 900.00
100-15-0400-4310 COMMUNICATION 500.10
100-15-0400-4360 UTILITIES 68.47
100-15-0400-4530 MACH & EQUIPMENT 3,068.00
100-21-0500-4200 OFFICE SUPPLIES 111.64
100-21-0500-4210 OP SUPPLY-OTHER 2,296.01
100-21-0500-4211 MOTOR FUELS 37.15
100-21-0500-4217 CLOTHING/UNIFORM 4,259.03
100-21-0500-4272 OP SUP-BUILDINGS 834.75
100-21-0500-4280 CAPITAL OUTLAY <$5,000 12,132.35
100-21-0500-4300 PROF SERVICES 1,980.00
100-21-0500-4305 FEES FOR SERVICE 85.71
100-21-0500-4310 COMMUNICATION 52.52
100-21-0500-4311 POSTAGE 10.60
100-21-0500-4370 MAINT-REPAIR/EQ 598.97
100-21-0500-4380 RENTAL/LEASE 673.88
100-21-0500-4401 DUES & SUBS 315.00
100-21-0500-4403 TRAVEL/TRAIN/CON 1,425.26
100-21-0500-4405 CLEAN/WASTE REMV 375.28
100-21-0500-4449 OTHER CONTRACT 440.00
100-21-0537-4210 OP SUPPLY-OTHER 136.68
100-26-0800-4210 OP SUPPLY-OTHER 724.81
100-26-0800-4211 MOTOR FUELS 1,012.87
100-26-0800-4217 CLOTHING/UNIFORM 363.96
100-26-0800-4272 OP SUP-BUILDINGS 199.00
100-26-0800-4305 FEES FOR SERVICE 1,621.50
100-26-0800-4310 COMMUNICATION 2,376.86
100-26-0800-4340 PRINTING 55.00
100-26-0800-4360 UTILITIES 8,467.40
100-26-0800-4370 MAINT-REPAIR/EQ 1,393.19
100-26-0800-4380 RENTAL/LEASE 231.33
100-26-0800-4401 DUES & SUBS 50.00
100-26-0800-4403 TRAVEL/TRAIN/CON 13,682.50
100-26-0800-4405 CLEAN/WASTE REMV 565.25
100-26-0845-4210 OP SUPPLY-OTHER 658.44
100-31-1200-4210 OP SUPPLY-OTHER 1,459.15
100-31-1200-4217 CLOTHING/UNIFORM 73.62
100-31-1200-4270 OP SUP-VEH/EQ 64.67
100-31-1200-4271 OP SUP-OTHER IMP 1,377.81
100-31-1200-4310 COMMUNICATION 256.44
100-31-1200-4401 DUES & SUBS 58.22
100-31-1200-4403 TRAVEL/TRAIN/CON 307.20
100-32-1260-4210 OP SUPPLY-OTHER 956.01
100-32-1260-4403 TRAVEL/TRAIN/CON 614.40
100-34-1290-4210 OP SUPPLY-OTHER 54,267.23
100-35-2005-4200 OFFICE SUPPLIES 217.38
100-35-2005-4210 OP SUPPLY-OTHER 25.48
100-35-2005-4272 OP SUP-BUILDINGS 69.57
100-35-2005-4305 FEES FOR SERVICE 831.48
100-35-2005-4311 POSTAGE 204.00
100-35-2005-4360 UTILITIES 10,481.07
100-35-2005-4372 MAINT-REPAIR/BLD 343.50
100-35-2005-4380 RENTAL/LEASE 758.76
100-35-2005-4403 TRAVEL/TRAIN/CON 620.99
Expense Approval Report Payment Dates: 4/26/2024 - 5/8/2024
5/8/2024 4:00:04 PM Page 33 of 36
Account Summary
Payment AmountAccount Number Account Name
100-35-2009-4360 UTILITIES 21.36
100-36-2200-4210 OP SUPPLY-OTHER 5,093.68
100-36-2200-4305 FEES FOR SERVICE 21,413.30
100-41-1500-4210 OP SUPPLY-OTHER 2,830.36
100-41-1500-4216 FERTILIZER/CHEM 200.85
100-41-1500-4217 CLOTHING/UNIFORM 36.00
100-41-1500-4270 OP SUP-VEH/EQ 64.68
100-41-1500-4271 OP SUP-OTHER IMP 1,531.60
100-41-1500-4272 OP SUP-BUILDINGS 275.03
100-41-1500-4280 CAPITAL OUTLAY <$5,000 1,022.52
100-41-1500-4305 FEES FOR SERVICE 650.24
100-41-1500-4310 COMMUNICATION 109.04
100-41-1500-4360 UTILITIES 5,485.23
100-41-1500-4370 MAINT-REPAIR/EQ 931.50
100-41-1500-4372 MAINT-REPAIR/BLD 430.88
100-41-1500-4401 DUES & SUBS 58.23
100-41-1500-4540 OTHER CAP OUTLAY 4,718.04
100-41-1516-4210 OP SUPPLY-OTHER 425.80
100-51-2300-4210 OP SUPPLY-OTHER 216.28
100-51-2300-4380 RENTAL/LEASE 103.60
100-51-2300-4434 SPECIAL EVENTS 3,906.01
210-00-9210-4530 MACH & EQUIPMENT 28,845.00
215-54-1900-4405 CLEAN/WASTE REMV 188.98
230-60-3200-4300 PROF SERVICES 2,844.40
230-61-3260-4305 FEES FOR SERVICE 285.74
230-61-3260-4311 POSTAGE 506.15
230-61-3260-4321 DATA PROCESSING 990.00
230-61-3260-4340 PRINTING 243.60
250-77-3700-4200 OFFICE SUPPLIES 127.03
250-77-3700-4209 OP SUPPLIES-CLEN 522.53
250-77-3700-4210 OP SUPPLY-OTHER 65.19
250-77-3700-4211 MOTOR FUELS 243.35
250-77-3700-4212 LUB/ADD 6.29
250-77-3700-4231 SMALL TOOLS 109.85
250-77-3700-4270 OP SUP-VEH/EQ 1,081.75
250-77-3700-4272 OP SUP-BUILDINGS 260.59
250-77-3700-4312 3v3 HOCKEY LEAGUE 33.62
250-77-3700-4360 UTILITIES 23,337.33
250-77-3700-4370 MAINT-REPAIR/EQ 1,789.85
250-77-3700-4372 MAINT-REPAIR/BLD 3,237.00
250-77-3700-4380 RENTAL/LEASE 103.61
250-77-3700-4401 DUES & SUBS 10.82
255-53-2100-4210 OP SUPPLY-OTHER 869.48
255-53-2100-4217 CLOTHING/UNIFORM 1,448.77
255-53-2100-4305 FEES FOR SERVICE 5,326.03
255-53-2100-4360 UTILITIES 759.32
255-53-2100-4370 MAINT-REPAIR/EQ 849.00
255-53-2100-4403 TRAVEL/TRAIN/CON 143.63
255-53-2100-4405 CLEAN/WASTE REMV 121.07
255-53-2100-4438 PRO/MISC RESALE 12,010.73
255-55-2105-4210 OP SUPPLY-OTHER 2,574.17
255-55-2105-4216 FERTILIZER/CHEM 1,297.48
255-55-2105-4217 CLOTHING/UNIFORM 125.00
255-55-2105-4270 OP SUP-VEH/EQ 633.63
255-55-2105-4271 OP SUP-OTHER IMP 106.93
255-55-2105-4305 FEES FOR SERVICE 341.64
255-55-2105-4370 MAINT-REPAIR/EQ 2,672.78
255-55-2105-4403 TRAVEL/TRAIN/CON 120.00
Expense Approval Report Payment Dates: 4/26/2024 - 5/8/2024
5/8/2024 4:00:04 PM Page 34 of 36
Account Summary
Payment AmountAccount Number Account Name
255-55-2105-4405 CLEAN/WASTE REMV 275.00
255-55-2110-4310 COMMUNICATION 21.37
255-55-2110-4360 UTILITIES 730.96
255-55-2110-4380 RENTAL/LEASE 73.46
255-56-2140-4210 OP SUPPLY-OTHER 2,601.83
255-56-2140-4305 FEES FOR SERVICE 1,522.26
255-56-2140-4340 PRINTING 97.13
255-56-2140-4341 ADVER/PUBLISH 691.20
255-56-2140-4360 UTILITIES 2,508.95
255-56-2140-4372 MAINT-REPAIR/BLD 1,864.38
255-56-2140-4380 RENTAL/LEASE 583.98
255-56-2140-4436 CONCESSION RESAL 8,964.57
255-56-2140-4438 PRO/MISC RESALE 2,680.93
255-56-2140-4439 LIQUOR - RESALE 9,701.60
265-00-1150-4311 POSTAGE 96.05
265-00-1150-4341 ADVER/PUBLISH 800.00
265-00-1150-4434 SPECIAL EVENTS 3,688.50
285-12-1135-4200 OFFICE SUPPLIES 10.78
285-12-1135-4300 PROF SERVICES 256.34
285-12-1135-4301 ENGINEERING SVS 185.00
285-12-1135-4340 PRINTING 395.00
285-12-1135-4401 DUES & SUBS 1,306.04
285-12-1135-4403 TRAVEL/TRAIN/CON 471.50
285-12-1135-4434 SPECIAL EVENTS 5,668.30
286-00-6700-4551 PROJECT-ENGINEER 8,031.21
290-00-2900-4210 OP SUPPLY-OTHER 992.37
290-00-2900-4305 FEES FOR SERVICE 1,466.75
290-00-2900-4311 POSTAGE 4.99
290-00-2900-4321 DATA PROCESSING 83.40
290-00-2900-4341 ADVER/PUBLISH 237.60
290-00-2900-4360 UTILITIES 12,366.11
290-00-2900-4372 MAINT-REPAIR/BLD 1,397.78
290-00-2900-4380 RENTAL/LEASE 301.10
290-00-2900-4403 TRAVEL/TRAIN/CON 310.34
455-00-7210-4559 PROJECT-OTHER 963.00
455-00-7221-4550 PROJECT-CONTRACT 1,374,551.77
455-00-7221-4551 PROJECT-ENGINEER 64,021.64
455-00-7221-4559 PROJECT-OTHER 54.78
455-00-7222-4551 PROJECT-ENGINEER 55,464.34
455-00-7232-4551 PROJECT-ENGINEER 1,187.72
455-00-7252-4551 PROJECT-ENGINEER 3,667.00
455-00-7252-4559 PROJECT-OTHER 8,195.61
455-00-7260-4551 PROJECT-ENGINEER 53.50
455-00-7262-4550 PROJECT-CONTRACT 1,272,812.16
455-00-7262-4551 PROJECT-ENGINEER 38,973.48
455-00-7263-4551 PROJECT-ENGINEER 2,782.00
510-00-6489-4210 OP SUPPLY-OTHER 2,736.65
520-00-6552-4550 PROJECT-CONTRACT 716,585.23
520-00-6579-4341 ADVER/PUBLISH 180.96
560-00-6578-4341 ADVER/PUBLISH 187.20
560-00-6578-4551 PROJECT-ENGINEER 70,870.00
568-00-6625-4551 PROJECT-ENGINEER 2,607.25
570-00-9570-4210 OP SUPPLY-OTHER 169.00
570-00-9570-4305 FEES FOR SERVICE 87.50
570-00-9570-4550 PROJECT-CONTRACT 23,783.63
570-00-9570-4559 PROJECT-OTHER 672.00
610-00-7261-4551 PROJECT-ENGINEER 9,301.75
610-00-7261-4559 PROJECT-OTHER 27.38
Expense Approval Report Payment Dates: 4/26/2024 - 5/8/2024
5/8/2024 4:00:04 PM Page 35 of 36
Account Summary
Payment AmountAccount Number Account Name
610-70-3000-4210 OP SUPPLY-OTHER 77.45
610-70-3000-4211 MOTOR FUELS 542.25
610-70-3000-4216 FERTILIZER/CHEM 150.00
610-70-3000-4217 CLOTHING/UNIFORM 55.00
610-70-3000-4270 OP SUP-VEH/EQ 64.68
610-70-3000-4271 OP SUP-OTHER IMP 641.60
610-70-3000-4272 OP SUP-BUILDINGS 14,206.00
610-70-3000-4301 ENGINEERING SVS 2,093.50
610-70-3000-4305 FEES FOR SERVICE 6.50
610-70-3000-4310 COMMUNICATION 114.66
610-70-3000-4311 POSTAGE 10.40
610-70-3000-4360 UTILITIES 329.45
610-70-3000-4371 MAINT-REPAIR/OTH 360.13
610-70-3000-4372 MAINT-REPAIR/BLD 436.30
610-70-3000-4405 CLEAN/WASTE REMV 238.00
610-71-3060-4305 FEES FOR SERVICE 1,143.00
610-71-3060-4311 POSTAGE 2,021.00
610-71-3060-4321 DATA PROCESSING 3,961.00
610-71-3060-4340 PRINTING 972.00
610-71-3060-4551 PROJECT-ENGINEER 2,583.50
620-00-9620-1224 RESERVE-MWCC CRD 2,109.09
620-80-3100-4210 OP SUPPLY-OTHER 154.87
620-80-3100-4217 CLOTHING/UNIFORM 109.92
620-80-3100-4360 UTILITIES 111.84
620-80-3100-4371 MAINT-REPAIR/OTH 5,145.00
620-80-3100-4372 MAINT-REPAIR/BLD 1,055.50
620-81-3160-4305 FEES FOR SERVICE 1,143.00
620-81-3160-4311 POSTAGE 2,021.00
620-81-3160-4321 DATA PROCESSING 3,961.00
620-81-3160-4340 PRINTING 972.00
630-75-1400-4210 OP SUPPLY-OTHER 1,946.29
630-75-1400-4271 OP SUP-OTHER IMP 1,815.02
630-75-1400-4305 FEES FOR SERVICE 1,376.22
630-75-1400-4310 COMMUNICATION 15.58
630-75-1400-4311 POSTAGE 505.00
630-75-1400-4321 DATA PROCESSING 991.10
630-75-1400-4340 PRINTING 243.00
630-75-1400-4360 UTILITIES 14,154.99
630-75-1430-4360 UTILITIES 139.99
630-75-1450-4360 UTILITIES 10.71
660-24-0600-4210 OP SUPPLY-OTHER 3,486.55
660-24-0600-4217 CLOTHING/UNIFORM 374.21
660-24-0600-4310 COMMUNICATION 2,250.45
660-24-0600-4401 DUES & SUBS 32.00
660-24-0600-4403 TRAVEL/TRAIN/CON 412.50
700-00-9700-4300 PROF SERVICES 983.15
700-00-9700-4734 AUTO CLAIMS 4,390.58
710-33-1700-4217 CLOTHING/UNIFORM 130.44
710-33-1700-4270 OP SUP-VEH/EQ 21,200.46
710-33-1700-4305 FEES FOR SERVICE 73.28
710-33-1700-4370 MAINT-REPAIR/EQ 19,772.52
710-33-1700-4403 TRAVEL/TRAIN/CON 45.00
710-33-1700-4405 CLEAN/WASTE REMV 853.50
710-33-1710-4211 MOTOR FUELS 16,563.60
710-33-1720-4403 TRAVEL/TRAIN/CON 45.00
720-07-0380-4210 OP SUPPLY-OTHER 1,090.47
720-07-0380-4310 COMMUNICATION 8,376.03
720-07-0380-4321 DATA PROCESSING 17,530.89
Expense Approval Report Payment Dates: 4/26/2024 - 5/8/2024
5/8/2024 4:00:04 PM Page 36 of 36
Account Summary
Payment AmountAccount Number Account Name
720-07-0380-4403 TRAVEL/TRAIN/CON 546.20
800-00-9800-3810 INVEST INTEREST 125.01
810-00-9810-2310 DEPOSITS PAYABLE 40,806.78
990-05-9990-2010 PERA 131,503.57
990-05-9990-2037 CHILD SUPPORT 36.91
990-05-9990-2038 UNION DUES 4,279.50
990-05-9990-2043 DEFERRED COMP 11,901.12
990-05-9990-2044 ROTH 457 2,289.35
Grand Total:4,386,017.99
Project Account Summary
Payment AmountProject Account Key
**None**1,459,455.79
02-23-011-ENG 9,301.75
02-23-011-OTH 27.38
02-24-001-ADV 187.20
02-24-001-ENG 70,870.00
02-24-003-ADV 180.96
05-23-007-CON 23,783.63
05-23-007-OTH 672.00
7210-00-OTH 963.00
7221-03-CON 1,374,551.77
7221-03-ENG 64,021.64
7221-03-OTH 54.78
7222-02-ENG 55,464.34
7252-03-ENG 107.00
7252-04-ENG 3,560.00
7252-04-OTH 8,195.61
7260-03-ENG 53.50
7262-02-ENG 8,563.25
7262-03-CON 1,272,812.16
7262-03-ENG 30,410.23
7263-01-ENG 2,782.00
Grand Total:4,386,017.99
PAYROLL CHECK REGISTER
BIWEEKLY – PE 04/21/2024 – CK 05/02/2024 - $456,350.76
1
City Council Action Request
13.A.
Meeting Date 5/15/2024
Department Public Safety
Agenda Category Action Item
Title Public Safety 5-Year Strategic Plan
Staff Recommendation Receive information regarding the Public Safety 5-year Strategic
Plan.
Budget Implication N/A
Attachments 1. Public Safety (Police) Strategic Plan Draft May 10 2024
1
TO: Honorable Mayor and City Council
Jennifer Levitt, City Administrator
FROM: Pete Koerner
DATE: May 15, 2024
RE: Public Safety 5-Year Strategic Plan
Discussion
In 2024, The Cottage Grove Police Department (CGPD) embarked on an ambitious and
visionary endeavor to develop a 5-year strategic plan. The police department command team
collaborated with our employees and citizens throughout the process, creating a plan that is
rooted in best practices. In April, the plan was presented to and supported by the Public
Service Commission. This plan will be our road map to success as Cottage Grove continues to
grow and change. Our plan stresses the importance of community-wide cooperation to
accomplish our goals. It demonstrates how deeply committed we are to our residents,
businesses, organizations, and employees. It ensures the police department will continue to
deliver excellent service with professionalism, transparency, and accountability.
The strategic plan includes a new vision statement, core values, strategic goals and initiatives,
performance measures, and branding which will guide us through the next five years.
Additionally, our strategic plan includes supplemental plans that address staffing, recruiting
and retention, wellness, training, and fleet.
Our proposed staffing plan presents our vision for growth as the police department grows
along with our community and continues to provide or increase its levels of service.
We will be asking Council to approve an assigned squad program which plays a significant
role in our strategic plan. An assigned squad program would increase the number of vehicles
in our fleet, allowing us to assign one officer to each vehicle. Officers would have the option to
take their assigned vehicles home. This program offers many advantages in the realms of
recruiting and retention, fleet management, and garage space needs.
Recommendation
Receive information regarding the Public Safety 5-year Strategic Plan.
Attachments
2
1. Public Safety (Police) Strategic Plan Draft May 10 2024
COTTAGE GROVE POLICE DEPARTMENTCOTTAGE GROVE POLICE DEPARTMENT
5-YEAR STRATEGIC PLAN
2024 - 2029
COTTAGE GROVE POLICE DEPARTMENT
5-Year Strategic Plan
COTTAGE GROVE POLICE DEPARTMENT
•Message from Public Safety Director Koerner
•Mission and Vision
•Core Values
•CGPD’s Brand of Policing: “Guardians Serving Our Community”
•Organizational Overview
•Strategic Goals
•Goal #1: Safety & Security
•Goal #2: Community
•Goal #3: Employees
•Goal #4: Equipment, Technology & Practices
•Goal #5: Growth
•CGPD in Action
•Appendices
2
Contents
COTTAGE GROVE POLICE DEPARTMENT
5-Year Strategic Plan
COTTAGE GROVE POLICE DEPARTMENT
Message From: Public Safety Director, Pete Koerner
3
“I am pleased to introduce Cottage Grove Police Department’s Five-Year Strategic Plan. As one of the
premier law enforcement agencies in the state of Minnesota, we maintain a clear vision for providing a
safe and secure community.
This community and employee driven plan establishes a vision for the future and outlines the goals,
strategies, and performance measures to fulfill our mission effectively and efficiently. These measures will
be reported each year in CGPD’s Annual Report.
CGPD employees are honored to serve and protect our community. Our strategic plan stresses the
importance of community-wide cooperation to accomplish each goal. It also demonstrates how deeply
committed CGPD is to its residents, businesses, organizations and employees.
During the last decade, the City of Cottage Grove experienced many exciting changes. As Cottage Grove
continues to grow and change, the next five years will be equally exciting. We promise to maintain
professionalism, increase levels of service, use our resources effectively, be fiscally responsible, encourage
teamwork, and preserve a community-oriented approach.
I encourage you to review this plan as it is our roadmap to success. We look forward to the future and we
are excited to continue our partnerships in the community to create environments that are safe and
secure where everyone can thrive.”
- Pete Koerner, Public Safety Director
COTTAGE GROVE POLICE DEPARTMENT
5-Year Strategic Plan
COTTAGE GROVE POLICE DEPARTMENT
Cottage Grove Police proudly serves the
community compassionately providing
protection of life and property. We do
this with honor, professionalism,
empathy, and community partnerships.
The Cottage Grove Police Department is dedicated to
excellence through community-oriented policing and
innovation. We’ll provide safety and promote trust in our
community using 21st century policing strategies. We’ll invest
in our culture, safety, wellness and training. We’ll employ the
best equipment, technology and practices. Our organization
will be diverse and resilient. We’ll plan, grow and adapt with
our community. We’ll collaborate with our community to
create safe environments where everyone can thrive.
Mission And Vision
Mission Vision
4
COTTAGE GROVE POLICE DEPARTMENT
5-Year Strategic Plan
COTTAGE GROVE POLICE DEPARTMENT
Core Values
5
Integrity
Humility
Respect
Courage
Honor
Professionalism
Resilience
Initiative
Outward mindset
Wellness
Communication
Collaboration
Goal-oriented
Supportive
Adaptable
Problem-solving
Leadership
Safety
Training
Development
Shared mission
Diversity
Visionary
Innovative
Strategic
Excellence
Service
Empathy
Accountability
Trust
Transparency
Engagement
Partnerships
Progress/Growth
Organization
TeamIndividual
Community
COTTAGE GROVE POLICE DEPARTMENT
5-Year Strategic Plan
COTTAGE GROVE POLICE DEPARTMENT
CGPD’s Brand of Policing
6
Our motto is “Guardians serving our community.” Above all else, we will protect our community with honor. Everyday, we
strive for progress and promote pride, trust, and safety in our organization and our community. CGPD’s maintains the highest
standards of professionalism and service. Our newly adopted vision is a unique way of leading and serving people. It is why
and how we do what we do. Our 5-Year Strategic Plan is paramount to our mission of providing a safe and secure
community.
Our commitment to serving others starts within our organization. We promote our core values, communication, trust,
teamwork, wellness, safety, and training so our employees can thrive. We provide the best equipment, technology, and
practices so our employees are well prepared to serve the community.
CGPD has transformed from a traditional model of policing that relies heavily on enforcement after a crime has occurred to
one that centers on holistic problem-solving. We emphasize crime prevention, community-based solutions, and the pillars of
procedural justice. We treat people with dignity and respect, give citizens a voice, and convey trustworthy motives. We
partner with the stakeholders in our community to build relationships, encourage communication, promote safety, and
create a sense of security. We strive to deliver excellent service with every citizen contact.
CGPD is a growing, evolving, and resilient organization. Our mindset, tactics, and strategies are progressive and rooted in
best practices. We solve problems upstream as we adapt to the changing needs and expectations of our community and
position our organization for continued growth. CGPD is committed to being a better organization tomorrow and into the
future. We’ll collaborate with stakeholders to create environments where everyone can thrive.
COTTAGE GROVE POLICE DEPARTMENT
5-Year Strategic Plan
COTTAGE GROVE POLICE DEPARTMENT
The Cottage Grove Police Department proudly serves the City of Cottage
Grove, Minnesota. Cottage Grove is a suburban community located along
the Mississippi River in the southeast Twin Cities metropolitan area.
Cottage Grove has a rapidly growing population exceeding 42,000
residents and covers 37.5 square miles.
Cottage Grove police and fire/EMS departments operate under a public
safety model. CGPD remains a progressive and innovative law
enforcement agency with a focus on providing excellent service to the
community.
In 2024, the police department was comprised of 70 employees and
volunteers. The organizational structure is divided into 3 divisions: Patrol,
Investigative, and Emergency Management & Administrative.
In 2024, CGPD restructured our organization creating the Community
Impact Team. This community-oriented policing team exists to engage
the community, address community concerns, and prevent crime. We are
planning to add a social worker to the team by year’s end.
Organizational Overview
7
Director of Public
Safety
Fire & EMS Police
Deputy Director Patrol
Division
Sergeants (6)
Officers (21)
K9 Officers (2)
Reserve Officers (10)
Deputy Director
Investigative Division
Sergeant General
Investigations
General Detectives (3)
HSI Task Force
Detective
Computer Forensics
Detective
Crime Analyst
Evidence Technician
Sergeant Community
Impact Team
Major Crimes Task
Force
Detective
Drug Task Force
Detective
School Resource
Officer
Case Management
officer
Community
Engagement Officer
Deputy Director
Administrative &
Emergency
Management Division
Admin Sergeant
Community Service
Officers (6)
Records Manager
Records specialist (3)
Admin Assistant
COTTAGE GROVE POLICE DEPARTMENT
5-Year Strategic Plan
COTTAGE GROVE POLICE DEPARTMENT
2024-2029 Strategic Goals
8
Safety & Security
(Core Functions)
Crime & security
Traffic safety
Investigations
Special Services
Emergency
Management
Admin & Support
Services
Community
Transparency &
accountability
Engagement
Branding &
communication
Employees
Culture
Safety
Wellness
Training & career
development
Recruiting,
retention &
diversity
Recognition
Practices,
Technology &
Equipment
Practices and
policy
Technology
Equipment &
Facilities
Growth
Strategic
planning &
budgeting
Adaptability &
innovation
Workload &
services
Growth trends
COTTAGE GROVE POLICE DEPARTMENT
5-Year Strategic Plan
COTTAGE GROVE POLICE DEPARTMENT
We will utilize the following strategies and tactics:
•1.1.1 Deter crime through proactive policing,
community engagement, and public education.
•1.1.2 Use intelligence and data analysis to deploy
resources.
•1.1.3 Develop, promote, and maintain an online
crime reporting function.
•1.1.4 Consider a front desk officer assignment.
•1.1.5 Consider a patrol-based proactive policing
assignment.
•1.1.6 Increase patrol staffing levels to meet the
demands for service.
Priority #1: Safety & Security (Crime)
9
Success will be measured by:
•UCR crime rate: Achieve and maintain crime rates at or
below the Benchmark Cities’ average.
•Priority #1 response time: Achieve and maintain
response times at or below the Benchmark Cities’
average.
•Community survey: Maintain or improve police
services as measured by community surveys.
•Staffing: Add staffing as needed per the 5-year Staffing
Plan.
COTTAGE GROVE POLICE DEPARTMENT
5-Year Strategic Plan
COTTAGE GROVE POLICE DEPARTMENT
We will utilize the following strategies and tactics:
•1.2.1 Improve traffic safety through traffic
enforcement and public education.
•1.2.2 Conduct traffic studies and monitor traffic
enforcement and crash trends.
•1.2.3 Consider a traffic enforcement assignment.
•1.2.4 Utilize grant funding to support traffic
enforcement and safety initiatives.
Priority #1: Safety & Security (Traffic)
10
Success will be measured by:
•Traffic safety: Achieve and maintain or reduce the rates
of traffic crashes, fatalities, and driving while impaired.
•Community survey: Maintain or improve police
services as measured by community surveys.
COTTAGE GROVE POLICE DEPARTMENT
5-Year Strategic Plan
COTTAGE GROVE POLICE DEPARTMENT
Priority #1: Safety & Security (Investigations)
We will utilize the following strategies and tactics:
•1.3.1 Conduct effective criminal investigations that
support successful prosecution.
•1.3.2 Maintain law enforcement partnerships and
enhance investigative capabilities.
•1.3.3 Maintain effective crime and intelligence
analysis.
•1.3.4 Maintain the LAP, Threat Assessment, and TAG
functions.
•1.3.5 Maintain an effective property and evidence
function.
•1.3.6 Maintain or increase investigative staffing
levels to meet the demands for service.
11
Success will be measured by:
•UCR crime rate: Achieve and maintain crime rates at or
below the Benchmark Cities’ average.
•Clearance rates: Meet or exceed the Benchmark Cities’
average clearance rates.
•Property and evidence storage: Conduct an accurate
property and evidence storage audit annually.
•Community survey: Maintain or improve police
services as measured by community surveys.
COTTAGE GROVE POLICE DEPARTMENT
5-Year Strategic Plan
Priority #1: Safety & Security (Special Services)
We will utilize the following strategies and tactics:
•1.4.1 Maintain an effective multi-jurisdictional SWAT team with
crisis negotiator and tech support capabilities.
•1.4.2 Maintain an effective multi-jurisdictional MFF team.
•1.4.3 Maintain and upgrade CGPD’s tactical response vehicles and
equipment to include our armored vehicle, body armor, tools, and
UAS and robots.
•1.4.4 Maintain an effective K9 program and consider adding a
therapy K9.
•1.4.5 Develop and maintain an Emergency Medical Responder
certification program for patrol officers.
•1.4.6 Develop and maintain a crime scene response team.
•1.4.7 Deploy resources in a proactive manner to engage the
community and promote security.
Success will be measured by:
•SWAT & MFF: Maintain a Tier-2 SWAT team and an
Intermediate Public Order Unit (MFF team) per NTOA
guidelines.
•K9: Maintain at least two USPCA certified narcotics
detection/Patrol PD1 K9s in the patrol division.
•Emergency Medical Responder: Achieve and maintain
an EMR certification program per NREMT guidelines.
•Effective evidence collection: Maintain effective
evidence collection capability by providing a trained
crime scene team.
•Community survey: Maintain or improve police
services as measured by community surveys.
COTTAGE GROVE POLICE DEPARTMENT 12
COTTAGE GROVE POLICE DEPARTMENT
5-Year Strategic Plan
COTTAGE GROVE POLICE DEPARTMENT
Priority #1: Safety & Security (Emergency Mgmt.)
We will utilize the following strategies and tactics:
•1.5.1 Engage City personnel, external stakeholders, and the whole
community in Emergency Management.
•1.5.2 Develop, review, and maintain emergency operations plans.
•1.5.3 Validate policies, plans, and procedures through exercises and
real events.
•1.5.4 Train directors and key supervisory personnel to the ICS300
level.
•1.5.5 Organize a Community Emergency Response Team.
•1.5.6 Improve the capabilities of our mobile command center.
•1.5.7 Obtain dedicated technology to operate an EOC.
•1.5.8 Build strong relationships with local, county, and state EM
personnel and organizations for planning and response to potential
and/or actual disasters.
13
Success will be measured by:
•Emergency management: Maintain effective
emergency management preparedness.
•Community survey: Maintain or improve police
services as measured by our annual community
surveys.
COTTAGE GROVE POLICE DEPARTMENT
5-Year Strategic Plan
COTTAGE GROVE POLICE DEPARTMENT
Priority #1: Safety & Security (Admin & Support Services)
We will utilize the following strategies and tactics:
•1.6.1 Maintain efficient administration of departmental
operations to include records management, data
requests and retention, firearm permits, etc.
•1.6.2 Maintain an effective CSO program which performs
vital support and police officer recruiting functions.
•1.6.3 Consider a full-time CSO and additional CSO
coverage hours.
•1.6.4 Use the CSO division to address livability issues and
ordinance enforcement.
•1.6.5 Continue to provide animal control, vehicle lockout,
fingerprinting and records check services.
14
Success will be measured by:
•Community survey: Maintain or improve police services as
measured by community surveys.
COTTAGE GROVE POLICE DEPARTMENT
5-Year Strategic Plan
COTTAGE GROVE POLICE DEPARTMENT
Priority #2: Community (Transparency & Accountability)
We will utilize the following strategies and tactics:
•2.1.1 Emphasize constitutional policing.
•2.1.2 Effectively review all uses of force.
•2.1.3 Develop and maintain plans, reports, and dashboards
for public viewing.
•2.1.4 Utilize the Public Service Commission as a citizen
advisory and oversight committee.
•2.1.5 Use surveys, meetings, and community engagement
events to provide opportunities for community input.
15
Success will be measured by:
•Use of force review: Metrics and trends in the Use of
Force Review quarterly and annual reports will reflect
effective training and use of best practices.
•Community survey: Maintain or improve police
services as measured by community surveys.
COTTAGE GROVE POLICE DEPARTMENT
5-Year Strategic Plan
COTTAGE GROVE POLICE DEPARTMENT
Priority #2: Community (Engagement)
We will utilize the following strategies and tactics:
•2.2.1 Maintain a presence and build relationships in our schools.
•2.2.2 Effectively use the Community Impact Team to partner with diverse
groups throughout our community to prevent and solve problems.
•2.2.3 Develop and maintain an embedded social worker co-response
program.
•2.2.4 Host and partner in community engagement and public education
events that facilitate community interaction and input.
•2.2.5 Provide crime prevention programs to residents, businesses, and
organizations.
•2.2.6 Maintain effective Explorer and Reserve Officer programs.
•2.2.7 Actively participate in the planning and implementation of special
events.
•2.2.8 Collaborate with other CG departments to ensure the highest quality of
citywide services.
16
Success will be measured by:
•Community survey: Maintain or
improve police services as measured by
community surveys.
COTTAGE GROVE POLICE DEPARTMENT
5-Year Strategic Plan
COTTAGE GROVE POLICE DEPARTMENT
We will utilize the following strategies and tactics:
•2.3.1 Develop and employ an effective branding and
communication campaign.
•2.3.2 Amplify and leverage online communications through
multiple media platforms.
•2.3.3 Develop and maintain an enhanced CGPD website that
promotes transparency and accountability with branding,
links, reports, dashboards, crime mapping, online reporting,
etc.
•2.3.4 Effectively use the Community Impact Team (CIT) to
communicate and partner with diverse groups throughout
our community.
•2.3.5 Effectively communicate with the community when
emergencies and critical incidents happen. Consider adding
a PIO.
Priority #2: Community (Branding & Communication)
17
Success will be measured by:
•Community survey: Maintain or improve police
services as measured by community surveys.
•Media: Maintain a high level of community
engagement and communication as measured by
CGPD’s website and social media analytics.
COTTAGE GROVE POLICE DEPARTMENT
5-Year Strategic Plan
COTTAGE GROVE POLICE DEPARTMENT
We will utilize the following strategies and tactics:
•3.1.1 Develop and instill a set of core values .
•3.1.2 Develop and maintain a shared mission, vision, and
strategic plan.
•3.1.3 Maintain a culture of excellence in which employees are
valued and motivated to deliver excellent service.
Priority #3: Employees (Culture)
18
Success will be measured by:
•Surveys & assessments: Maintain or improve metrics
as measured by the retention data, annual employee
survey, exit interviews, performance evaluations, etc.
COTTAGE GROVE POLICE DEPARTMENT
5-Year Strategic Plan
COTTAGE GROVE POLICE DEPARTMENT
We will utilize the following strategies and tactics:
•3.2.1 Maintain effective field training and in-service training
programs that emphasize safety.
•3.2.2 Provide annual OSHA training.
•3.2.3 Develop, maintain, and enforce safety practices and
policies.
•3.2.4 Acquire and maintain equipment and technology that
promotes safety.
•3.2.5 Develop and maintain a safety recognition & incentive
program.
•3.2.6 Maintain a Safety Committee to review incidents and
recommend policy, practice, and equipment changes.
Priority #3: Employees (Safety)
19
Success will be measured by:
•Safety: Maintain or improve safety metrics including
safety incident reports, sick leave hours, IOD data,
retention data, and employee surveys.
COTTAGE GROVE POLICE DEPARTMENT
5-Year Strategic Plan
COTTAGE GROVE POLICE DEPARTMENT
We will utilize the following strategies and tactics:
•3.3.1 Maintain effective training program that promotes wellness
education.
•3.3.2 Maintain a Peer Support Team.
•3.3.3 Maintain a wellness committee and a well-funded, comprehensive
wellness program. Seek grant funding for wellness programs.
•3.3.4 Provide annual mental health check-ins, critical incident debriefing,
free counseling.
•3.3.5 Provide a comprehensive benefits package that address all aspects of
wellness.
•3.3.6 Maintain an on-site fitness center and consider fitness incentives.
•3.3.7 Promote work-life balance.
•3.3.8 Maintain a healthy organizational culture and positive workplace
environment.
Priority #3: Employees (Wellness)
20
Success will be measured by:
•Wellness: Maintain or improve wellness
metrics including sick leave hours, IOD
data, retention data, and employee
surveys.
COTTAGE GROVE POLICE DEPARTMENT
5-Year Strategic Plan
COTTAGE GROVE POLICE DEPARTMENT
We will utilize the following strategies and tactics:
•3.4.1 Maintain effective field training and in-service training
programs.
•3.4.2 Offer access to external training, certification courses,
and conferences.
•3.4.3 Assess the current and future needs of the
organization and invest in career development training and
succession planning.
•3.4.4 Provide career development rotations and specialty
assignments to promote professional growth.
•3.4.5 Provide regular career development counseling.
•3.4.6 Maintain the HERO Center to support CGPD’s training
plan.
Priority #3: Employees (Training & Development)
21
Success will be measured by:
•Training standards: A comprehensive training program
developed by the Use of Force Review & Training
Committee will exceed the Minnesota POST Board’s
standards. Officers who are assigned to specialized
roles will complete certification courses, and officers
will have access to career development training.
COTTAGE GROVE POLICE DEPARTMENT
5-Year Strategic Plan
COTTAGE GROVE POLICE DEPARTMENT
We will utilize the following strategies tactics:
•3.5.1 Collaborate with leaders and HR to ensure our pay and
benefits attract quality candidates.
•3.5.2 Build and maintain a culture of excellence and equip our
officers with the best equipment, practices, and policies.
•3.5.3 Develop and maintain a recruiting team, strategies, and
incentives to recruit talent and diversity.
•3.5.4 Develop and maintain retention programs and
incentives.
•3.5.5 Recruit and develop talent in our CSO, Reserve, and
Explorer programs.
•3.5.6 Consider an overstrength staffing (+3) model.
Priority #3: Employees (Recruiting & Retention)
22
Success will be measured by:
•Pay & benefits: Pay and benefits will exceed the
average of peer agencies.
•Recruiting & retention: Maintain > 90% staffing levels
that permits effective delivery of all essential services
accomplishment of our strategic goals.
COTTAGE GROVE POLICE DEPARTMENT
5-Year Strategic Plan
Priority #3: Employees (Recognition)
We will utilize the following strategies and tactics:
•3.6.1 Recognize desirable traits, decisions, and behaviors.
•3.6.2 Maintain an impactful awards program and host an
annual awards ceremony.
•3.6.3 Promote and select based on merit.
23
Success will be measured by:
•Recognition: Maintain or improve recognition/award
metrics.
COTTAGE GROVE POLICE DEPARTMENT
COTTAGE GROVE POLICE DEPARTMENT
5-Year Strategic Plan
COTTAGE GROVE POLICE DEPARTMENT
Priority #4: Equipment, Technology & Practices
We will utilize the following strategies and tactics:
•4.1.1 Encourage progress and innovation.
•4.1.2 Research and implement emerging technologies to improve
efficiency, effectiveness, and risk mitigation.
•4.1.3 Maintain the Use of Force Review & Training Committee.
•4.1.4 Equip our officers with the best protective equipment, tools,
control devices, and vehicles to promote effectiveness and safety.
•4.1.5 Develop and maintain an assigned squad program.
•4.1.6 Implement and maintain ALPR in patrol squads and consider
stationary LPR (FLOCK).
•4.1.7 Develop and maintain best practices. Consider accreditation.
•4.1.8 Enhance cyber and physical security.
24
Success will be measured by:
•Asset management: Maintain an asset management
program that provides for maintenance, replacement,
and upgrade of technology and equipment.
•Policy and procedures: Maintain policy and procedure
manuals that meet or exceed the MN POST Board and
Lexipol standards.
•Best practices: Maintain the Community Impact Team;
mental health co-responder program, de-escalation
and CIT training; threat assessment program; employee
wellness and safety programs; use of force review and
training committee; and in-service training program.
COTTAGE GROVE POLICE DEPARTMENT
5-Year Strategic Plan
COTTAGE GROVE POLICE DEPARTMENT
Priority #5: Growth (Planning & Budgeting)
We will utilize the following strategies and tactics:
•5.1.1 Implement and review/refine our 5-year strategic plan
annually.
•5.1.2 Develop and maintain annual training plans.
•5.1.3 Develop and maintain a succession plan.
•5.1.4 Maintain the All-Hazard Emergency Operations Plan.
•5.1.5 Develop and maintain an asset management plan for
maintenance, replacement, and upgrade of vehicles, equipment,
and technology.
•5.1.6 Develop and maintain an annual budget and conduct long-
range budget planning.
•5.1.6 Complete a quarterly report to monitor vital metrics.
25
Success will be measured by:
•Strategic plan: Successfully implement, monitor,
and refine our 5-year strategic.
•Budget: Successfully plan and implement a fiscally
responsible budget that supports continuity of
services and progress.
COTTAGE GROVE POLICE DEPARTMENT
5-Year Strategic Plan
COTTAGE GROVE POLICE DEPARTMENT
We will utilize the following strategies and tactics:
•5.2.1 Implement and maintain a shift relief factor.
•5.2.2 Maintain organizational flexibility, discretionary funds,
and LE partnerships.
•5.2.3 Maintain communication with all stakeholders.
•5.2.4 Encourage innovation.
•5.2.5 Engage in professional stewardship.
•5.2.6 Maintain effective communication with our political
leaders.
•5.2.7 Offer programs and incentives for officers to learn a
second language.
•5.2.8 Provide cultural awareness training and engagement
opportunities.
Priority #5: Growth (Adaptability & Innovation)
26
Success will be measured by:
•Adaptability: Maintain staffing, organizational, and
budget flexibility that enables flexibility.
•Stewardship: Participate in professional associations,
conferences, legislative committees, and community
organizations.
COTTAGE GROVE POLICE DEPARTMENT
5-Year Strategic Plan
COTTAGE GROVE POLICE DEPARTMENT
Priority #5: Growth (Workload, Services & Facilities)
We will utilize the following strategies and tactics:
•5.3.1 Analyze call volume, response times, staffing levels, etc.
to determine workload.
•5.3.2 Evaluate whether other staffing models or work
schedules may be more effective.
•5.3.3 Maintain or increase staffing levels to meet the demands
for service.
•5.3.4 Monitor developing crime, security, and livability trends;
and consider new response models and strategies.
•5.3.5 Consider a workplace study.
•5.3.6 Consider a satellite storage facility.
•5.3.7 Plan and budget for increased space needs as our
organization grows.
27
Success will be measured by:
•Workload: Calls for service per patrol officer will not
exceed the Benchmark Cities’ average.
•Response time: Patrol response time will not exceed
the Benchmark Cities’ average.
•Investigative case load: The case load per detective will
not exceed the Benchmark Cities’ average.
COTTAGE GROVE POLICE DEPARTMENT
5-Year Strategic Plan
COTTAGE GROVE POLICE DEPARTMENT
Priority #5: Growth (Growth Trends)
We will utilize the following strategies and tactics:
•5.4.1 Analyze growth trends to determine future resource
demands.
•5.4.2 Add additional personnel, resources, and facilities to
meet the growing demands for service.
•5.4.3 Consider organizational and response models,
technologies, and initiatives to meet emerging or evolving
demands.
28
Success will be measured by:
•Staffing: Maintain or exceed 1.15 sworn officers per
1000 citizens. Follow the Rule of 60 Guidelines. Follow
CGPD’s 5-Year Staffing Plan.
COTTAGE GROVE POLICE DEPARTMENT
5-Year Strategic Plan
COTTAGE GROVE POLICE DEPARTMENT
Community Policing in Action
29
COTTAGE GROVE POLICE DEPARTMENT
5-Year Strategic Plan
COTTAGE GROVE POLICE DEPARTMENT
Community Policing in Action
30
COTTAGE GROVE POLICE DEPARTMENT
5-Year Strategic Plan
COTTAGE GROVE POLICE DEPARTMENT
Community Policing in Action
31
Reference the 2024
Policing with Our
Community Guide for a
complete summary and
descriptions of CGPD’s
community-oriented
policing programs.
COTTAGE GROVE POLICE DEPARTMENT
5-Year Strategic Plan
32
Appendix A: City of Cottage Grove’s Strategic Plan
COTTAGE GROVE POLICE DEPARTMENT
COTTAGE GROVE POLICE DEPARTMENT
5-Year Strategic Plan
33
USDOJ Final Report of the President's Task Force on 21st Century Policing (May 2015)
Appendix B: 21st Century Policing
COTTAGE GROVE POLICE DEPARTMENT
COTTAGE GROVE POLICE DEPARTMENT
5-Year Strategic Plan
COTTAGE GROVE POLICE DEPARTMENT 34
Community Policing
1.Create a comprehensive community policing strategic plan
2.Train all personnel on community policing
3.Foster an atmosphere of openness and transparency
4.Adopt procedural justice as a guiding principle
5.Prioritize LE personnel safety and wellness
6.Engage the community in a true partnership to address
crime and disorder issues
7.Treat every contact as an opportunity to engage positively
with a community member
8.Measure social cohesion and work to develop relationships
9.Reevaluate metrics of community policing success
10.Incorporate community policing measures into the
performance evaluation process
De-Escalation
1.Link policy to robust training
2.Allow time to adapt and provide opportunities to
practice
3.Expect all supervisors to support a culture of de-
escalation
4.Set up officers to succeed
5.Reward successful de-escalation efforts
6.Engage the community in training and policy
development
7.Leverage positive personnel relationships to build
community trust
8.Apply best practices of de-escalation in situations
other than use of force
9.Enhance public reporting and transparency
Crisis Intervention
1.Develop strong community partnerships
2.Treat CIT as a program, not just training
3.Train enough employees in CIT to cover every
shift
4.Seek volunteers to participate in the CIT
program
5.Train all frontline employees in at least the
basic level of mental health awareness
program
6.Ensure that dispatchers are CIT trained and
prepared to respond
7.Recognize CIT trained personnel for their work
8.Regularly evaluate and measure the CIT
program’s impact and outcomes
Frontline Supervisors
1.Engage frontline supervisors in
the organizational vision and
philosophy
2.Lay the foundation for successful,
supported frontline supervisors
3.Prioritize professional
development
4.Establish a norm of accountability
with room for dissent and growth
5.Allow room for individuality
6.Engage frontline supervisors
when determining disciplinary
outcomes
Early interventions
1.Start with data
2.Complement data collection with
the right supports, services, and
trainings
3.Generate buy-in by listening
4.Establish the business process
5.Explain the EI system to
stakeholders to ensure
transparency
6.Train all members on the EI system
7.Continuously evaluate and improve
the EI system with the support of
an experienced third party
Internal Affairs
1.Develop and publish a clear philosophy for IA
investigations
2.Improve the intake of IA complaints
3.Explicitly designate who will investigate IA complaints
4.Establish a timeline and benchmarks for conducting
investigations and notifying interested parties
5.Designate a supervisor to review and adjudicate IA
investigations
6.Consider incorporating an external review process to
increase public transparency of IA investigations
7.Keep corrective action consistent and transparent; seek
to correct, not punish.
8.Consider alternative dispute solutions
9.Engage community members and increase transparency
Recruiting, Hiring, Promotion, & Retention
1.Develop a comprehensive recruitment program
2.Deploy personnel based upon workload and service goals
3.Get creative and expand recruiting horizons
4.Streamline and enhance the recruiting process
5.Get proactive
6.Establish fair and flexible firing criteria
7.Bring job descriptions and application mgmt. into the digital age
8.Assure validity and audit all testing instruments
9.Engage the community and demonstrate fairness on the process
10.Consider outsourcing the testing process to a third party
11.Enhance job satisfaction and reduce stress with clear written policies
12.Demonstrate procedural justice inside and outside the agency
13.Provide clear pathways to promotion
USDOJ LE Best Practices-Lessons Learned From the Field
Appendix C: Law Enforcement Best Practices
COTTAGE GROVE POLICE DEPARTMENT
5-Year Strategic Plan
COTTAGE GROVE POLICE DEPARTMENT 35
Throughout this document, there are
references to the Benchmark Cities (BC) data.
The BC Survey was designed in 1997 by a core
group of police chiefs from across the country.
These chiefs sought to establish a
measurement tool to help ensure their
departments were providing the best service
possible within their respective communities.
The BC Survey is sent to 29 participating
agencies to collect data in five different
categories: demographics, general info,
offenses, clearance rates, and traffic safety.
Once the data is collected, it is analyzed by the
Overland Park Police Department. The final
outcome is a comprehensive Benchmark Cities
Survey Report.
Benchmark Cities Survey Report
Appendix D: Benchmark Cities Data
COTTAGE GROVE POLICE DEPARTMENT
5-Year Strategic Plan
COTTAGE GROVE POLICE DEPARTMENT
Appendix E: Services & Programs
36
Patrol
K9
SWAT
Mobile Field Force
Drone/Robot Operators
Instructors (Firearms, tactics, EVOC)
Field Training Officers
Business Liaisons
ATV Patrol
Community Service Officers
Reserve officers
Police Explorer Post
Investigations
General Detectives (Full-time & Rotating)
Task Force Detectives
(Narcotics, major crime, Homeland Security)
Case Management Unit
Threat Assessment Group
Lethality Assessment Program
Predatory Offender Registry
School Resource Officer
Community Engagement Officer
Crime Prevention Specialist
Crime Prevention Specialist
Crime Analyst
Evidence Technician
Alcohol, Tobacco, & THC Compliance
Crime Free Multi-Family Housing
Community & special events planning
Special Services
Emergency Management
Use of Force Review & Training Committee
Peer Support Group
Chaplain Program
Wellness, Safety, & Retention Committee
Beyond the Yellow Ribbon
DNR Firearms Safety Training Program
Public Safety Board
MN-LESO (1033) Program
Public Service Commission
Administrative
Fingerprinting
Licensing & permits
Background checks
Records & data requests
COTTAGE GROVE POLICE DEPARTMENT
5-Year Strategic Plan
COTTAGE GROVE POLICE DEPARTMENT
Appendix F: 5-Year Staffing Plan
37
General Community Impact Administrative Records
0600-1630 1630-0300 0600-1630 1630-0300 Sergeant Sergeant Sergeant Manager
Sergeant Sergeant Sergeant Sergeant Detective Detective (Narc)CSO Admin Assistant
Officer Officer (K9)Officer Officer (K9)Detective (Forensic)Detective (Major crime)CSO Specialist
Officer Officer Officer Officer Detective (HSI)School resource officer CSO Specialist
Officer Officer Officer Officer Detective (Rotating)Community engagement Ofc.CSO Specialist
0900-1930 1930-0600 0900-1930 1930-0600 Detective (Rotating)Case management Ofc.CSO Specialist (Future)
Officer Sergeant Officer Sergeant Analyst Case management Ofc. (Future)CSO
Officer Officer Officer Officer Investigative aide Social Worker (2024)
Officer Officer Officer Officer CITE Ofc. (Future)
Officer (2025)Officer Officer (Future)Officer (Future)CITE Ofc. (Future)
Director of Public Safety
Team A Team B
Patrol Division-Deputy Director Investigative Division-Deputy Director Emergency Mgmt. & Admin. Division-Deputy Director
COTTAGE GROVE POLICE DEPARTMENT
5-Year Strategic Plan
COTTAGE GROVE POLICE DEPARTMENT
Appendix G: Recruiting & Retention Plan
38
Recruiting
Streamlined hiring process
CSO program
Police Explorer Post
Reserve officer program
Lateral hires
Recruiting & retention data tracking
Social media
Organizational pride & reputation
Supportive community and leaders
Culture of excellence
Progressive policies & best practices
Robust and supportive field training program
Ample training & career development opportunity
Fleet, equipment, & technology
Competitive benefits package
Comprehensive wellness program
Fitness
Paid parental leave
Work schedule that promotes work-life balance
Employee referral incentive
Partner w/ Rasmussen LE Program
Under Consideration or
Development
Shift relief factor
Assigned (take-home) squads
Night shift relief rotations
Sabbaticals
Recruiting video
Enhanced CGPD webpage
Diversity initiatives
Grant funded scholarship
Retention
Longevity pay increases
Anniversary bonuses
Employee Service Milestone Lunch
Employee satisfaction survey
Regular counseling & feedback
Career development planning
Career development rotations
Tuition assistance
Leadership courses and conferences
Recognition & awards
Second language
Good idea proposals
Wellness program
Peer support group
Annual mental health check-ins
Free counseling
Employee Assistance Program
Critical incident debriefs
Work-life balance
COTTAGE GROVE POLICE DEPARTMENT
5-Year Strategic Plan
COTTAGE GROVE POLICE DEPARTMENT
Appendix G: Recruiting & Retention Plan
39
COTTAGE GROVE POLICE DEPARTMENT
5-Year Strategic Plan
COTTAGE GROVE POLICE DEPARTMENT
Appendix H: Wellness Plan
40
Current Initiatives
Wellness, Safety, Recruiting/Retention Committee
Wellness awareness & education
Comprehensive benefits package
Annual medical screening
EAP benefits
Fitness program
Annual mental health check-ins & free counseling
Critical incident debriefs
Peer support team
Paid parental & bereavement leave
Chaplain program
Training & career development opportunity
Financial & retirement planning
Recognition & awards
Wellness & Safety Committee
PPE & safety initiatives
Schedule that promotes work-life balance
Community engagement & support
Supportive leadership & positive work environment
Under Consideration
Therapy K9
Internal leadership development curriculum
Night shift relief rotations
Sabbaticals
Daycare assistance
Mindfulness training
Fitness incentives
Diet, fitness & sleep coaching
Community resources guide
Spouse/SO retreat
Social events
Tuition assistance
Grant-funded initiatives
Breach Point seminar
Volunteering incentive
COTTAGE GROVE POLICE DEPARTMENT
5-Year Strategic Plan
COTTAGE GROVE POLICE DEPARTMENT
Appendix I: Annual Training Plan
41
•CGPD places a high value on training and professional development.
•Upon hire, sworn officers will complete CGPD’s academy training, CIT, and pursuit/PIT trainings. Probationary sworn officers
will complete 14 weeks of field training. Field training may be abbreviated for lateral hires.
•CGPD’s annual in-service training plan is a multi-faceted and comprehensive approach intended to:
•Exceed Minnesota POST Board Standards;
•Promote wellness, professionalism, and professional development;
•Ensure proficiency in all duties, knowledge, and skills required of a CGPD officer;
•Ensure compliance with relevant laws, policy, and community expectations; and
•Promote best practices to provide the highest quality service to our citizens.
•Provide 94 hours of in-service training per year.
•CGPD’s SWAT officers will meet the NTOA’s Tier-2 annual training requirements.
•CGPD’s MFF officers will meet the NTOA’s annual training requirements for an Intermediate Public Order Unit.
•CGPD’s K9 officers will train to the industry standard minimum 16 hours per month and maintain USPCA certification annually.
•Officers who are assigned to specialty assignments (Detective, FTO, instructor, etc.) will complete requisite professional
development and/or certification courses.
•Additionally, CGPD officers will have opportunities to attend discretionary external continuing education courses, certificat ion
courses, and conferences to promote their professional development.
•Annually, officers and supervisors will complete career counseling and develop individual training plans. These training plan s
will prioritize training requests to promote fair access to training while ensuring the department’s training needs are met.
TRAINING HOURS
Monthly In-Service 56
On-duty firearms 6
On-duty simulator 4
On-duty virtual
(Patrol Online)23
On-duty policy
(Lexipol)3
Total 92
COTTAGE GROVE POLICE DEPARTMENT
5-Year Strategic Plan
COTTAGE GROVE POLICE DEPARTMENT
Appendix J: Assigned Squad Plan
Coming Soon!
42
COTTAGE GROVE POLICE DEPARTMENT
5-Year Strategic Plan
COTTAGE GROVE POLICE DEPARTMENT
Appendix K: G-Metrics & Reports
43
•CGPD will track, trend, and report on
metrics that reflect upon our mission,
vision, services, and strategic goals.
•CGPD will produce quarterly and annual
reports for its members and leaders. An
annual report will be produced and
made available to the public.
COTTAGE GROVE POLICE DEPARTMENT
5-Year Strategic Plan
COTTAGE GROVE POLICE DEPARTMENT
Appendix L: Hero Training Center
44
The HERO Center, which opened in 2020, is shared by Cottage Grove and Woodbury Police Departments. It provides
classrooms, firearms ranges, a mat room, simulator, and reality-based and outdoor training areas. In addition to supporting
CGPD’s robust in-service training program, the HERO Center hosts numerous continuing education and certification courses
throughout the year. The HERO Center is also home to Rasmussen College’s Minnesota Law Enforcement Certificate Program.
The HERO Center is vital to the success of CGPD’s 5-Year Strategic Plan.
COTTAGE GROVE POLICE DEPARTMENT
5-Year Strategic Plan
COTTAGE GROVE POLICE DEPARTMENT
Recommendation
45
Receive, provide feedback, and support CGPD’s 5-Year
Strategic Plan.