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Home My WebLink About_11 21 2022 City Council Agenda PacketCHECK REGISTER FOR CITY OF PRIOR LAKE 1/5Page: 11/14/2022 01:20 PM User: jringberg DB: Prior Lake CHECK DATE FROM 10/29/2022 - 11/09/2022 AmountDescriptionVendorNameVendorCheckCheckDate Bank 1 General Bank 587.002022DentalClaimsDELTADENTAL000272139171(E)10/31/2022 13.40Oct2022MerchantFeesAUTHORIZE.NET000268219202(E)11/02/2022 105.17Nov2022CellPhoneBillsAT&TMOBILITY0002819111113611/04/2022 8,932.04Sep & Oct 2022 LawnCareBIRD'S LAWNCARE0002816411113711/04/2022 2,500.0022-0428 4844 Bennett StreetSEBRANDLANDERSONHOMESMISC-CD11113811/04/2022 2,500.0022-0214 4839 Bennett Street SE 5,000.00 2,500.0022-0308 4836 Bennett StreetSEBRANDLANDERSONHOMESMISC-CD11113911/04/2022 455.00Lannon - Pre-EmploymentTestingCAMPIONBARROW0002759511114011/04/2022 2,133.49MotorCANNONELECTRICMOTOR0000309211114111/04/2022 155.28SuppliesCAPITALONETRADECREDIT0002796311114211/04/2022 105.00Oct2022TaiChiInstructorCHRISTINETMORGAN0002731611114311/04/2022 101.89Oct2022BottledWaterCULLIGANBOTTLEDWATER0000395811114411/04/2022 14.25Tabs - 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Initial Uniform 23.98Grundei, Gillispie Nameplates 145.95Grundei - Initial Uniform 364.90Grundei - Initial Uniform 1,294.20TrainingRounds 216.94Gillispie - Initial Uniform 124.98Grundei - Initial Uniform 60.99Grundei - Initial Uniform 1,597.80Lannon - Initial Uniform 11.99Lannon - Initial Uniform 134.97Hageman - Sgt Uniform 232.99Baker - Initial Uniform 117.00Grundei - Initial Uniform 147.96Gillispie - Initital Uniform 326.97Lannon - Initial Uniform 117.00Lannon - Initial Uniform 219.98Gillispie - Initial Uniform 94.99Lannon - Initial Uniform 57.95Karfa - Namelate 12.00Adelmann - Sgt Chevrons 9.95HashMarks 171.98Lannon - Initial Uniform 1,446.00Gillispie - Ballistic Vest 841.20)Return Ballistic Vest 1,230.00)Return Shotgun Pump Action 19.99)Return Key Holder 96.00)Return Pistol Pouch 600.00)Return Training Rounds 40.00)Credit on Account 62.42)Credit on Account 619.65)Credit on Account 5,871.86 3,493.31SolarSaltUSSALT0002738311117311/04/2022 400.00LaserAlignMotor & Pump - WildsBoosterWWGOETSCHASSOCIATESINC0002379511117411/04/2022 18.19Electric - 4528 ColoradoStXCELENERGY0001472011117511/04/2022 2,400.00Oct2022AnimalControl4PAWSANIMALCONTROLLLC000067989172(A)11/04/2022 1,400.00Tow4CarsforTrainingALLEN'S SERVICEINC000013609173(A)11/04/2022 1,880.00Tow/Store 2012 Subaru Imprezza #236064 3,280.00 530.15PartsAMERICANPRESSUREINC000015809174(A)11/04/2022 36.27MileageANDYSTEPHES000271899175(A)11/04/2022 35,700.00BS&A AnnualMaintenanceBS&ASOFTWARE000268419176(A)11/04/2022 207.00PartsCONCRETECUTTING & CORING000037859177(A)11/04/2022 6,671.00Nov2022CleaningCOVERALL000275719178(A)11/04/2022 3,335.86StockCuttingEdgesCRYSTEELTRUCKEQUIPMENT000039559179(A)11/04/2022 654.607114SquadsuppliesEMERGENCYAUTOMOTIVETECHINC000054809180(A)11/04/2022 29.24784BitandboltsFASTENALCOMPANY000061409181(A)11/04/2022 CHECK REGISTER FOR CITY OF PRIOR LAKE 3/5Page: 11/14/2022 01:20 PM User: jringberg DB: Prior Lake CHECK DATE FROM 10/29/2022 - 11/09/2022 AmountDescriptionVendorNameVendorCheckCheckDate 56.00784Countersinkbits 85.24 1,789.39FiltersG&B ENVIRONMENTALINC000278749182(A)11/04/2022 348.28CourseRegistration/MileageIANCOCHRAN000282369183(A)11/04/2022 92.30MiscOfficeSuppliesINNOVATIVEOFFICESOLUTIONSLLC000271499184(A)11/04/2022 287.98Toner 34.05MiscOfficeSupplies 190.53Toner 604.86 149.99SafetyBoots2022JEREMYCOY000039179185(A)11/04/2022 203.23784HydraulicoilKATHFUELOILSERVICE000024109186(A)11/04/2022 342.03472FrontmirrorMACQUEENEQUIPMENTINC000130549187(A)11/04/2022 142.98784Suctionhoseend 485.01 42,754.75 #10 Fish Pt Road Phase I TRN20-0000001MCNAMARACONTRACTINGINC000132869188(A)11/04/2022 1,335.32AnnualHearingTestsMED-COMPASSINC000133069189(A)11/04/2022 152,056.76Nov2022WasteWaterServiceMETROPOLITANCOUNCIL000134009190(A)11/04/2022 150.00SafetyBoots2022MITCHELLMAYER000280779191(A)11/04/2022 6,683.50Sep2022Labor & EmploymentNILANJOHNSONLEWIS000081239192(A)11/04/2022 646.00Sep2022Data & SoftwarePRECISEMOBILERESOURCEMGMT000165489193(A)11/04/2022 39.97450CranehookRIGIDHITCHINC000184759194(A)11/04/2022 35.987114SquadsuppliesTERMINALSUPPLYCOMPANY000202709195(A)11/04/2022 252.00E. ColiTestingUCLABORATORY000212359196(A)11/04/2022 21.51PartsVIKINGELECTRICSUPPLY000226309197(A)11/04/2022 249.90Parts 271.41 179.33AsphaltWMMUELLER & SONSINC000236459198(A)11/04/2022 787.63Asphalt 378.51Asphalt 372.93Asphalt 362.70Asphalt 2,081.10 304.33543FrontendrepairWOLFMOTORCOINC000236759199(A)11/04/2022 17.23543Frontendrepair 321.56 1,489.132022MiscellaneousDrainageImprovementsWSB & ASSOCIATESINC000237809200(A)11/04/2022 1,367.502022-2023 Pond Maintenance Project (Pond 516.0017599RidgewoodCtSEWCAReview 3,506.25Pond92Study 4,538.50WelcomeAveSWImprovements 11,417.38 63.96781Wiper & BladeZIEGLERINC000265009201(A)11/04/2022 480.18TroubleshootTransferSwitch 544.14 CHECK REGISTER FOR CITY OF PRIOR LAKE 4/5Page: 11/14/2022 01:20 PM User: jringberg DB: Prior Lake CHECK DATE FROM 10/29/2022 - 11/09/2022 AmountDescriptionVendorNameVendorCheckCheckDate 380.402022DentalClaimsDELTADENTAL000272139203(E)11/07/2022 308.38Nov2022VisionPremiumsEYEMED000279179204(E)11/07/2022 2,465.25Oct2022MerchantFeesINVOICECLOUD000280919205(E)11/08/2022 402.40543FrontendrepairACCELERATEDAUTO0002686811117611/09/2022 49.49MedicalSuppliesBOUNDTREEMEDICALLLC0000269511117711/09/2022 4.77MedicalSupplies 2,489.86MedicalSupplies 2,544.12 15.00PartsCAPITALONETRADECREDIT0002796311117811/09/2022 85,459.53FS #1RenovationCENTURYCONSTRUCTION0002820511117911/09/2022 1,400.00MemorialSpectatorStandCRCUSTOMPAINTINGLLC0002745911118011/09/2022 24.00Nov2022GoToMeetingLicenseGOTOTECHNOLOGIESUSAINC0002689511118111/09/2022 2,711.40GeneratorHAYESELECTRICINC0000831511118211/09/2022 292.88PartsJOHNHENRYFOSTERMNINC0001049111118311/09/2022 2,500.0021-1343 17821 Meadows WaySEKEYLANDHOMESMISC-CD11118411/09/2022 90.00Oct2022YogaInstructorMARYMULLETT0002817211118511/09/2022 22,141.35Oct2022SACChargesMETROPOLITANCOUNCIL-SAC0001340611118611/09/2022 5,000.0022-11794 15271 Edgewater CircleNEMODERNOCOMPANIESMISC-CD11118711/09/2022 186.54Oct2022RepairParts - FDNAPAAUTOPARTS0001406011118811/09/2022 4,723.26FirePreventionMaterialsPOSITIVEPROMOTIONS0001646511118911/09/2022 152.30PaintSHERWIN-WILLIAMSCO0001945611119011/09/2022 177.33MiscSuppliesTRACTORSUPPLYCREDITPLAN0002066311119111/09/2022 4,757.39Nov2022CellPhoneBillsVERIZONWIRELESS0000131511119211/09/2022 55.00Nov2022ShreddingServiceVETERANSHREDDINGLLC0002764311119311/09/2022 224.76Oct2022ClearLawEnforcementPlusWESTPAYMENTCENTER0002342011119411/09/2022 42.99SteelHandleZACKSINCORPORATED0002610011119511/09/2022 444.48Oct2022MiscSuppliesCARLSONHARDWARECOMPANY000031259206(A)11/09/2022 189.00ITSuportCOMPUTERINTEGRATIONTECH000037609207(A)11/09/2022 1,158.00VMwareSupport1Year 1,347.00 1.27784BoltsFASTENALCOMPANY000061409208(A)11/09/2022 531.90Oct2022LocatesGOPHERSTATEONE-CALLINC000075259209(A)11/09/2022 999.85Oct2022UniformsHUEBSCH000275369210(A)11/09/2022 10.29SCBAMaskObscureJASONKOSKI000281349211(A)11/09/2022 1,720.00Oct2022PDCounselingServicesLEASTSERVICES/COUNSELINGLLC000276139212(A)11/09/2022 102.70Burkart - City LogoPolosNORTHAMERICANSAFETY000145749213(A)11/09/2022 1,189.93LogoWear 1,292.63 80.00RockPENTAGONMATERIALSINC000274269214(A)11/09/2022 298.36Oct2022MiscSuppliesPRIORLAKEHARDWARE000166589215(A)11/09/2022 96.85Costume/MileageSTEVEHART000281639216(A)11/09/2022 744.00AsphaltWMMUELLER & SONSINC000236459217(A)11/09/2022 562.65Asphalt 1,306.65 65.00PestControl - FS #2XTREMEPESTSOLUTIONSINC000271169218(A)11/09/2022 1,034.00472AND525BroomsZARNOTHBRUSHWORKSINC000262009219(A)11/09/2022 1 TOTALS: 0.00Less0VoidChecks: 496,260.25Totalof109Checks: CHECK REGISTER FOR CITY OF PRIOR LAKE 5/5Page: 11/14/2022 01:20 PM User: jringberg DB: Prior Lake CHECK DATE FROM 10/29/2022 - 11/09/2022 AmountDescriptionVendorNameVendorCheckCheckDate 496,260.25Totalof109Disbursements: Number of Permits Declared Value Number of Permits Declared Value Single Family Dwellings 11 $5,538,820.00 14 $8,054,370.00 Townhouses (# units)0 $0.00 0 $0.00 Multiple Units 0 $0.00 0 $0.00 New Commercial Industrial & Commercial 1 $10,000.00 1 $4,506,457.00 Residential 116 $1,946,174.77 114 $2,026,377.65 Industrial & Commercial 4 $356,962.75 3 $70,500.00 Mechanical & Plumbing 60 $0.00 82 $0.00 Mechanical (SF & TH)44 $0.00 56 $0.00 TOTALS 236 $7,851,957.52 270 $14,657,704.65 Number of Permits Declared Value Number of Permits Declared Value Single Family Dwellings 85 $35,431,976.50 116 $46,757,368.00 Townhouses (# units)4 $672,000.00 0 $0.00 Multiple Units 0 $0.00 0 $0.00 New Commercial Industrial & Commercial 2 $720,000.00 5 $8,320,713.00 Residential 1010 $16,230,824.23 1223 $16,656,940.45 Industrial & Commercial 22 $1,389,802.27 32 $2,398,268.46 Mechanical 706 $0.00 682 $0.00 Mechanical (SF & TH)356 $0.00 464 $0.00 TOTALS 2185 $54,444,603.00 2522 $74,133,289.91 Summary of Fees Collected October 2022 October 2021 YTD 2022 YTD 2021 General Fund $102,745.06 $154,495.68 $845,619.92 $1,053,344.27 Trunk Reserve Fund $17,685.00 $19,000.00 $187,081.00 $244,200.00 Water Storage Fund $0.00 $0.00 $0.00 $6,160.00 Water and Sewer Fund $10,100.00 $13,160.00 $75,460.00 $100,190.00 Metro Council SAC $22,365.00 $47,215.00 $216,195.00 $347,900.00 State Surcharge $3,330.18 $4,931.77 $24,943.70 $31,160.76 Builders Fees and Deposits $29,612.50 $32,600.00 $321,925.00 $324,000.00 TOTAL $185,837.74 $271,402.45 $1,671,224.62 $2,106,955.03 Beverly Alexander Beverly Alexander, Building Development Services Assistant CITY OF PRIOR LAKE BUILDING PERMIT SUMMARY October 1, 2022 - October 31, 2022 New Residential October 2022 October 2021 2022 Year to Date 2021 Year to Date New Residential Additions and Alterations Additions and Alterations Mechanical permits include but are not limited to furnaces, water heaters, softeners, and fireplaces. They are flat-rate permit fees. Mechanical (SF & TH) permits include required plumbing, heating, sewer and water and fireplace permits for new single family residences. They are flat-rate permit fees. Billing for animal control services for the City of Prior Lake as per revised agreement with 4 PAWS Animal Control MONTH MONTHLY ANY TOTAL 2022 COST ADDITIONAL SERVICESs COST OCTOBER 2,400.00 2,400.00 CALLS (MAY INCLUDE MULTIPLE #'S PICKED UP ON A SINGLE CALL) 10 DOG RUNNING LOOSE 7 IMPOUNDS- 0 RETURN TO OWNER- 0 NOT CLAIMED- 0 GONE ON ARRIVAL/UNABLE TO CATCH/CANCEL 3 DOG COMPLAINT WARNING 0 DOG BITE -INCLUDED IN IMPOUNDS/RTO 0 DOG - DOG ASSISTANCE 4 CATS RUNNING LOOSE 2 IMPOUNDS 2 RETURN TO OWNER 0 NOT CLAIMED - 2 GONE ON ARRIVAL/UNABLE TO CATCH/LIVETRAP 0 CAT ASSISTED BACK TO OWNER 0 DOA WILD- 1 RACCOON i PUBLIC SAFETY WILD — 0 PLEASE MAKE CHECKS PAYABLE TO 4 PAWS ANIMAL CONTROL 12361 HILLSBORO AVE SAVAGE, MN 55378 Call Loy 1. Date: 10/2/22 City: Prior Lake Address: hwy 13 & Rustic Call: DOA cat in road Arrival Time: 9.:OOam Clear Time: 9:15am Outcome: Impound/grey tabby /Not claimed 2. Date: 10/5/22 City: Prior Lake Address: franklin trl & brooks cir Call: Dog loose in area Arrival Time: 8:20pm Clear Time: 8:40pm Outcome: GOA Dog 3. Date: 10/6/22 City: Prior Lake Address: wilds pkwy & 154th Call: Found cat Arrival Time: 11:30am Clear Time: 11;40am Outcome: Impound/calico/Not claimed 4. Date: 10/8/22 City: Prior Lake Address: McDoanlds lot Call: loose dog Arrival Time: 10:50am Clear Time: 11:10am Outcome: GOA Dog 5. Date: 10/ 11 /22 City: Prior Lake Address: found dog Call: YMCA Arrival Time 5:45pm: Clear Time: 6:OOpm Outcome: Assisted back to owner 6. Date: 10/15/22 City: Prior Lake Address: Fishpoint & eagle creek Call: loose dog Arrival Time: 1:25pm Clear Time: 1;45pm Outcome: GOA Dog 7. Date: 10/17/22 City: Prior Lake Address: 5350 Amblewood Call: Found dog Arrival Time: 5:05pm Clear Time: 5:15pm Outcome: Assisted back to owner 8. Date: 10/18/22 City: Prior Lake Address: 17079 Mushtown rd Call: loose dog Arrival Time: 4:OOpm Clear Time: 4:20pm Outcome: Assisted back to owner 9. Date: 10/22/22 City: Prior Lake Address: CR 42 & Eaglecreek Call: DOA Raccoon in road Arrival Time: 7:50am Clear Time: 8:OOam Outcome: Picked up for disposal 10. Date: 10/29/22 City: Prior Lake Address: Franklin Trl & Franklin Cir Call: Found small dog Arrival Time: 6:50pm Clear Time: 7:1 Opm Outcome: ASSISTED BACK TO OWNER 11. Date: City: Prior Lake Address: Call: Arrival Time: Clear Time: Outcome: 12. Date: City: Prior Lake Address: Call: Arrival Time: Clear Time: Outcome: CITY COUNCIL AGENDA REPORT MEETING DATE: PREPARED BY: PRESENTED BY: November 21, 2022 Nicole Klekner, Assistant Finance Director Cathy Erickson, Finance Director ITEM: 5D AGENDA ITEM: Resolution Approving American Rescue Plan Act (ARPA) funds expenditure reporting for the Downtown South Street replacement project. GOAL AREA OBJECTIVE: High-Value City Services 1.Establish financial stability for all funds. RECOMMENDED ACTION: Adopt a resolution approving the American Rescue Plan Act (ARPA) funds expenditure reporting for the Downtown South Street replacement project and allocation of cash based on the table included in the resolution for funding of the Downtown South Street replacement, Fire Station 1 Remodel, and CR21/Revere Improvement projects. BACKGROUND: The City has received federal funds under the American Rescue Plan Act (ARPA). Congress adopted the American Rescue Plan Act (ARPA) in March 2021, which established the Coronavirus State and Local Fiscal Recovery Fund (SLFRF) to provide aid to local governments. Prior Lake's allocation was $2,977,000, distributed as shown below: $ 1,441,281 Initial 2021 Distribution 47,198 Add'I 2021 Distribution 1,488,479 2022 Distribution $ 2,976,958 Total Award The covered period for eligible costs begins March 3, 2021, and the deadline for spending is December 31, 2024. Based on the Minnesota Management and Budget and the League of Minnesota Cities recommendation, the city adopted resolution RES21-116 accepting the American Rescue Plan Act funds on August 16, 2021. The city also adopted resolution RES22-038 approving the Standard Allowance for Revenue Loss for the Coronavirus Local Fiscal Recovery Fund established under the American Rescue Plan Act (ARPA) on March 21, 2022. CURRENT CIRCUMSTANCES: With Resolution 21 -116, Council directed staff to make recommendations to council regarding specific use of the funds. The proposed projects previously presented to Council to be funded with ARPA funds are as follows: •Downtown South Street replacement project •CSAH 21/Revere Street improvement project City of Prior Lake I 4646 Dakota Street SE I Prior Lake MN 55372 Item 5D Page 12 •Critical public building infrastructure improvements at Fire Station 1 to support the building renovation to transition to full-time fire staffing while adapting the fire station to implement COVI D-19 mitigation tactics. •Purchase of election equipment that follows state guidelines for hardware and software requirements that provide election cybersecurity. When these projects were presented to the Council it was with the understanding that use of the funds would be brought back to Council as part of the approval of the various projects. Audit information: Per the Code of Federal Regulations, 2 C.F.R. part 200, subpart F -Audit Requirements, a non Federal entity that expends $750,000 or more during the non-Federal entity's fiscal year in Federal awards must have a single or program-specific audit conducted for that year in accordance with the provisions of this part. However, a technical update was released in April 2022, FR Doc. 2022- 07463, that provides an alternative audit approach (attestation) for eligible recipients that would not otherwise be required to undergo an audit if it was not for the expenditures of Coronavirus State and Local Fiscal Recovery Fund (SLFRF) funds directly awarded by Treasury. This alternative is intended to reduce the burden of a full Single Audit or Program-Specific Audit on eligible recipients, as well as uphold Treasury's responsibility to be good stewards of federal funds. The City is eligible for this alternative in 2022 as the City received under $10,000,000 in SLFRF funds and spent less than $750,000 in other Federal award funds. If the City is awarded the Staffing for Adequate Fire and Emergency Response (SAFER) grant for the full-time fire department in 2023 the City would no longer be eligible for the alternative audit approach as we would be expending more than $750,000 in other Federal award funds. Therefore, Finance staff are proposing federal grant reporting of the full SLFRF award of $2,977,000 in 2022 for expenses for the Downtown South Street replacement project. In order to be able to use the alternative audit approach (attestation), Finance staff are proposing reporting the full SLFRF award in 2022 for expenses for the Downtown South Street replacement project. This will reduce the administrative burden associated with a full single audit as well as reduce the audit expense for the City. Operationally, we will continue to use the ARPA funds for the following projects: •Downtown South Street replacement project •CSAH 21/Revere Street improvement project •Fire Station 1 renovations This approach has been recommended and approved by our audit firm, MMKR. Proposed Use of ARPA Funds: See Attachment 1 for a Summary of the Recommended Reporting and Use of ARPA Federal Funds which includes more information including project descriptions, estimated costs, and justification. ALTERNATIVES: 1.Motion and second as a part of the consent agenda to adopt resolution Approving the American Rescue Plan Act (ARPA) funds expenditure reporting for the Downtown South Street replacement project Item 5D Page 13 2.Motion and second to remove from the consent agenda for further discussion. ATTACHMENTS: 1.Summary of the Recommended Reporting and Use of ARPA Federal Funds 2.Resolution -Approve American Rescue Plan Act (ARPA) funds expenditure reporting for the Downtown South Street replacement project ARPA Provision Category Eligible Use Fund Description Estimated Amount Updated Amount ARPA reported use of reserves) * Required CashTransfers for CIP Projects * Transfer From: Transfer To: Lost Revenue Government services Construction DT South Street Reconstruction - Street Replacement Cost 1,750,000$ 2,977,000$ 1,750,000$ F265 F501 Lost Revenue Government services Facilities Management Fire Station 1 renovations for FT firefighters 400,000 400,000 F265 F440 Lost Revenue Government services Construction CR21/Revere Improvements 827,000 827,000 F265 F501 Total 2,977,000$ 2,977,000$ 2,977,000$ rounded to the nearest '000 for presentation purposes Summary of Recommended Reporting and Use of ARPA Federal Funds Page 1 of 2 Public Works Consultant Pool Work Order (Reference Project Name) WSB & ASSOCIATES, INCORPORATED, dba WSB This work order (“Work Order”) is issued on this 21st day of November 2022 by the City of Prior Lake (“City”) pursuant to the Public Works Consultant Pool – Master Agreement dated April 20, 2020 (“Contract”) between the City and WSB & Associates, Incorporated, dba WSB Consultant”). Based on the mutual promises and covenants set forth herein, the sufficiency of which are hereby acknowledged, the City and Consultant agree as follows: 1. Scope of Work Order. Consultant agrees to provide, perform and complete all the services requested by the City in this Work Order and attached Exhibit 1 (“Work”), which Work shall be subject to the terms and conditions of this Work Order and the Contract. 2. Term of Work Order. All Work requested by this Work Order shall be completed by December 31, 2024. 3. Compensation for Work Order. City agrees to pay the Consultant an hourly rate not to exceed $173,834 for the Work requested by this Work Order. 4. Consultant Representative. Consultant has designated Monica Heil to manage the Work Order subject to the supervision of Consultant’s representative. ISSUED BY CITY OF PRIOR LAKE Mayor City Manager RECEIVED AND ACCEPTED BY WSB & ASSOCIATES, INC. By:__________________________________ Its:__________________________________ Page 2 of 2 Exhibit 1 – Scope of Work Order K:\013977-000\Admin\Contract\Budget Amendment_TH 13 Intersection Improvements and FT CO Services\LTR_ABROTZLER_Fish Point Road Phase II Construction Services Amendment.docx 701 XENIA AVENUE S | SUITE 300 | MINNEAPOLIS, MN | 55416 | 763.541.4800 | WSBENG.COM October 31, 2022 Mr. Andy Brotzler, PE Public Works Director/ City Engineer City of Prior Lake 4646 Dakota Street SE Prior Lake, MN 55372 Re: Agreement to Provide Full Time Construction Administration and Observation Services for the Fish Point Road Phase II Improvements Dear Andy: On behalf of WSB, we are pleased to submit this proposal to provide full- time construction administration and observation services for the Fish Point Road Phase II Improvements. Originally, it was anticipated that WSB would only provide part-time construction observation services for Phase II, augmenting City Staff that would support the project on a full-time basis. As the nature of the project evolved into one that required coordination with MnDOT’s State Aid (and Signal Groups as a part of the Phase III Improvements), it is proposed that WSB will provide full-time construction administration and observation services to ensure all MnDOT required aspects of the project are satisfied. WSB had originally estimated 300 hours of construction support for the Phase II. This proposal reflects an additional 1130 hours of support for observation for Phase II of the roadway improvements and 146 hours of additional construction administration support, as it is anticipated that 50 hours per week of observation and 5 hours per week of administration for approximately 28 weeks will be required to complete the roadway improvements. Basis of Compensation We propose to complete the work on an hourly basis for an estimated fee of $173.834.00. The City will only be billed for actual hours needed to complete the aforementioned tasks. Start Date We propose to have this contract begin in Spring 2023 as construction activities commence for the Phase II Improvements. We understand the City will generate a Work Order for the work in accordance with our Master Service Agreement dated April 2020. If you have any questions or concerns, please contact me at 952-737-4675. Thank you for the opportunity to continue to serve the City of Task Description 1 1.1 Construction Administration - Phase 2 and Intersection Improv.146 146 $24,674.00 1.2 Construction Observation - Phase 2 Full Time Needs 1130 1130 $149,160.00 Task 1 Total Estimated Hours and Fee 1130 146 1276 $173,834.00 Total Estimated Hours 1130 146 1276 Average Hourly Billing Rate 132.00 169.00 Subtotal Base Fee by Labor Classification $149,160.00 $24,674.00 $173,834.00 TOTAL PROJECT COST TASKS $173,834.00 Construction Services Construction Observer CostTotalHours Construction Administrator Estimate of Cost City of Prior Lake, Minnesota Professional Engineering Services Budget Amendment No. 2 Fish Point Road Reconstruction Project Phase I Full Time Construction Administration and Observation Page 1 of 2 Public Works Consultant Pool Work Order (Reference Project Name) WSB & ASSOCIATES, INCORPORATED, dba WSB This work order (“Work Order”) is issued on this 21st day of November 2022 by the City of Prior Lake (“City”) pursuant to the Public Works Consultant Pool – Master Agreement dated April 20, 2020 (“Contract”) between the City and WSB & Associates, Incorporated, dba WSB Consultant”). Based on the mutual promises and covenants set forth herein, the sufficiency of which are hereby acknowledged, the City and Consultant agree as follows: 1. Scope of Work Order. Consultant agrees to provide, perform and complete all the services requested by the City in this Work Order and attached Exhibit 1 (“Work”), which Work shall be subject to the terms and conditions of this Work Order and the Contract. 2. Term of Work Order. All Work requested by this Work Order shall be completed by December 31, 2024. 3. Compensation for Work Order. City agrees to pay the Consultant an hourly rate not to exceed $101,932 for the Work requested by this Work Order. 4. Consultant Representative. Consultant has designated Monica Heil to manage the Work Order subject to the supervision of Consultant’s representative. ISSUED BY CITY OF PRIOR LAKE Mayor City Manager RECEIVED AND ACCEPTED BY WSB & ASSOCIATES, INC. By:__________________________________ Its:__________________________________ Page 2 of 2 Exhibit 1 – Scope of Work Order K:\013977-000\Admin\Contract\Budget Amendment_TH 13 Intersection Improvements and FT CO Services\LTR_ABROTZLER_Fish Point Road Phase III Amendment.docx 701 XENIA AVENUE S | SUITE 300 | MINNEAPOLIS, MN | 55416 | 763.541.4800 | WSBENG.COM October 31, 2022 Mr. Andy Brotzler, PE Public Works Director/ City Engineer City of Prior Lake 4646 Dakota Street SE Prior Lake, MN 55372 Re: Agreement to Provide Professional Engineering Services for the Fish Point Road Phase III Intersection Improvements Dear Andy: On behalf of WSB, we are pleased to submit this proposal to provide professional engineering services associated with intersection improvements at TH 13/Fish Point Road , which will be considered Phase III of the overall Fish Point Road Improvement Project. We anticipate beginning the Phase III design work immediately upon receiving staff approval. We expect to provide the following services to the City based on our discussion with you and MnDOT: Complete the design for replacement of the entire signal system at the intersection of TH 13 and Fish Point Road. Replacement of the signal system at this intersection is proposed to include the addition of flashing yellow left-turn arrows.1.After reviewing the impacts to the curb lines along the south leg of Fish Point Road at the intersection proposed with the Phase II improvements, it was determined that ½ of the existing signal system would be impacted by the Fish Point Road improvements planned for 2023. While MnDOT did not have replacement of this signal system identified within their Capital Improvement Plan until FY 2027, MnDOT has stated that through a Cooperative Agreement, the City can advance fund the replacement of signal and repay for its 50% share of the signal replacement costs at the start of FY 2027.2.City and MnDOT Staff have met to discuss the timing of the Phase II roadway improvements relative to the time needed to design the signal system improvements,and are recommending:The Fish Point Road Phase II roadway improvements and the Phase III Intersection Improvements will be bid as two separate projects. This will allow the City to bid the roadway improvements in January 2023 and the intersection improvements in March/April 2023. Construction work for both projects is expected to be completed by November 2023.The intersection improvements will be designed by WSB in coordination with MnDOT’ s Signal Group to ensure the project can be bid in March/April 2023.MnDOT has also identified ADA improvements needed at this intersection, which will be incorporated into the plan set. MnDOT has stated that they will reimburse the City for the costs associated with theADA improvements. MnDOT and the City will Mr. Andy Brotzler October 31,2022 Page 2 K:\013977-000\Admin\Contract\Budget Amendment_TH 13 Intersection Improvements and FT CO Services\LTR_ABROTZLER_Fish Point Road Phase III Amendment.docx Scope of Services Based on our familiarity with the project and conversations with City and MnDOT Staff, we are proposing to complete the following scope of services: Additional topographic survey collection for all legs of the intersection at TH 13 and Fish Point Road, including signal loops and hand holes along TH 13 at the start of all turn lanes. Preparation of plans and specifications for the intersection improvements Coordination with MnDOT’s signal group for the signal system design Coordination with MnDOT’s Layout Committee for review and approval of the intersection layout improvements 1. Complete replacement of the signal system within the TH 13 ROW will require MnDOT functional group review, and additional layout submittal requirements beyond what had been originally anticipated with the Fish Point Road project. Development of an Intersection Control Evaluation (ICE) for the signal system improvements Estimate of costs Preparation of contract documents Coordination of all approvals from City, MnDOT, and Watershed Bidding Administration Construction Administration for the intersection improvements Construction Observation for the intersection improvements Field Staking for the intersection As-Builts for the intersection improvements Project Closeout for the intersection improvements Basis of Compensation We propose to complete the work on an hourly basis for an estimated fee of $101,932.00. The City will only be billed for actual hours needed to complete the aforementioned tasks. Start Date We propose to have this contract begin immediately upon Staff authorization to best support the City. We understand the City will generate a Work Order for the work in accordance with our Master Service Agreement dated April 2020. If you have any questions or concerns, please contact me at 952-737-4675. Thank you for the opportunity to continue to serve the City of Prior Lake. Sincerely, WSB Monica Heil, PE Vice President of Municipal Services Task Description 1 1.1 Utility Location (New GSOC and updates)3 3 $474.00 1.2 Topographic Features (Intersection & TH 13 Signal Loops)10 5 15 $2,930.00 Task 1 Total Estimated Hours and Fee 3 10 5 18 $3,404.00 2 2.1 4 28 6 24 4 8 24 60 158 $25,868.00 2.2 12 8 8 28 $4,144.00 2.3 4 8 2 8 22 $3,014.00 2.4 4 4 2 4 14 $2,320.00 2.5 Coordination with MnDOT - Signal Group 6 2 8 $1,340.00 2.6 Coordination with MnDOT - Layout Review Update 4 6 40 2 52 $8,774.00 2.7 Opinion of Probable Cost 2 8 4 6 20 $2,978.00 Task 2 Total Estimated Hours and Fee 16 40 26 30 26 40 26 28 8 62 302 $48,438.00 3 3.1 Prepare Ads for Bid and Submit to Publications 4 2 6 $784.00 3.2 Distribute Plans Sets 2 2 $152.00 3.3 Answer Bidders' Questions 4 4 8 $1,512.00 3.4 Issue Addenda (if required)2 2 2 2 8 $1,224.00 3.5 Bid Opening and Tabulation 4 2 4 10 $1,444.00 3.6 Prepare Letter of Award Recommendation 2 2 4 $564.00 Task 3 Total Estimated Hours and Fee 12 6 8 12 38 $5,680.00 4 4.1 Construction Administration - Intersection Improv.8 6 4 8 10 40 76 $12,104.00 4.2 Construction Observation - Intersection Improvements 120 20 140 $18,920.00 4.3 Field Staking - Intersection Improvements 16 8 20 44 $7,768.00 Task 4 Total Estimated Hours and Fee 8 6 4 8 10 16 8 120 40 40 260 $38,792.00 5 5.1 Project Closeout Documentation 4 4 4 12 $2,280.00 5.2 Prepare Final Letter of Acceptance 1 2 3 $358.00 5.3 Obtain Record Information 2 4 6 $960.00 5.4 Prepare the Record Drawings (Intersection)2 2 8 12 $2,020.00 Task 5 Total Estimated Hours and Fee 7 8 8 4 2 4 33 $5,618.00 Total Estimated Hours 43 60 34 34 41 40 26 36 32 26 13 120 106 40 651 Average Hourly Billing Rate 206.00 172.00 158.00 192.00 158.00 162.00 123.00 159.00 76.00 207.00 172.00 132.00 154.00 169.00 Subtotal Base Fee by Labor Classification $8,858.00 $10,320.00 $5,372.00 $6,528.00 $6,478.00 $6,480.00 $3,198.00 $5,724.00 $2,432.00 $5,382.00 $2,236.00 $15,840.00 $16,324.00 $6,760.00 $101,932.00 TOTAL PROJECT COST TASKS $101,932.00 GinaDullingerErikSeiberlich Estimate of Cost City of Prior Lake, Minnesota Professional Engineering Services Budget Amendment No. 3 - Fish Point Road Reconstruction Project Phase III Intersection Improvements Construction Administrator Pete Helder Topographic Survey Design Senior Project Manager Utility Engineer Transportation Engineer AdministrativeADACompliance EngineerTrafficEngineer Engineering Field Technician (Signal) Monica Heil TabithaWalshLauraPietila Engineering Specialist Chuck Kockmann Gus Perron Two Person Survey Crew Survey Coordinator Water Resources Engineer Construction Observer CostTotalHours Mary Schwartz Final Design Plans and Specs - Local Street and Utilities Project Engineer Adam Gadbois Project Closeout Nic Hentges Prepare Contract Documents Construction Services Submit to City & MnDOT for Review and Approval Final Design Plans and Specs - Signal & ADA Improvements Bidding Administration A@ G³WX Twin Oaks Middle School Hidden Oaks Middle School W O O D S IDE RD SE HIDDENOAKS CIR S E 158 ST W 153 ST W 160 ST E SUE ANNLNHURONSTSEFORSYTHERDSELUTHER RD SE G LO R YCIRSEM IL L E R SC IR SEW I L D WOODCIRSEHILLSBOROAVSCOUNTRYDR COU N T RYLNOMEGATRLSEHWY 13 ST IMBER TRL S E 160 ST SE FISHPOINTRDSE Scott County GIS Proposed to Sign "No Parking"Ph ase 1 (20 21) Project Location Ph ase 2 (20 23) Project Location 0 400Feet¯Fish Point Road (CSAH 44 toTH13) Reconstruction ProjectFigure1 - Project Location MapPrior Lake, MN DocumentPath: Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 1 STATE OF MINNESOTA GRANT CONTRACT AGREEMENT This grant contract is between the State of Minnesota, acting through its Commissioner of Natural Resources STATE") and City of Prior Lake, Unique Entity ID (UEI): DGHPMMK6EKL7, 4646 Dakota Street SE, Prior Lake, MN 55372 ("GRANTEE"). Recitals 1. Under Minn. Stat. 84.026, the Commissioner of Natural Resources is authorized to enter into contractual agreements with any public or private entity for the provision of statutorily prescribed natural resources services by the department. 2. Pursuant to Minn. Stat. 84.0264, the state is empowered to receive and administer grants under the Land and Water Conservation Fund grant program authorized by Congress in the Land and Water Conservation Fund Act of 1965, as amended, and the Local Grants program authorized by the State of Minnesota. Fifty percent of the funds granted under subdivision 1 shall be distributed for projects to be acquired, developed, and maintained by local units of government, providing that any project approved is consistent with a statewide or a county or regional recreational plan and compatible with the statewide recreational plan. All money received by the commissioner for local units of government is appropriated annually to carry out the purposes for which the funds are received. 3. Under the Land and Water Conservation Fund, National Park Service, CFDA No. 15.916, Grant No. P2AP01790, 27-01468, the state received a federal award on September 25, 2022 for City of Prior Lake – Ponds Park will redevelop ballfields and trails. This project is not a research and development project. 4. The Grantee has made application to the State for a portion of the allocation for the purpose of conducting the project entitled Ponds Park. 5. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. Pursuant to Minn.Stat.16B.98, Subd.1, the Grantee agrees to minimize administrative costs as a condition of this grant. Grant Contract Agreement 1 Term of Grant Contract Agreement 1.1 Effective date October 1, 2022, Notwithstanding Minnesota Statues, section 16A.41, the Commissioner may make payments for otherwise eligible grant-program expenditures that are made on or after the effective date of the appropriation. No payments will be made to the Grantee until this grant contract is fully executed. 1.2 Expiration date December 31, 2024, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms The following clauses survive the expiration or cancellation of this grant contract: 8. Liability; 9. State Audits; 10. Government Data Practices and Intellectual Property Rights; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction, and Venue, 15. Data Disclosure, 24. Land Retention and Deed Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 2 Restriction and 25. Resource Management and Protection. 2 Grantee’s Duties The Grantee, who is not a state employee, will: Comply with required grants management policies and procedures set forth through Minn. Stat.16B.97 Subd. 4 (a) (1) and comply with Attachment A, Project Budget, which is incorporated and made a part of this contract. The Grantee agrees to complete the project in accordance with the approved budget to the extent practicable and within the project period specified in the grant contract. Any material change in the scope of the project, budget or completion date shall require prior written approval by the State. 3 Time The Grantee must comply with all the time requirements described in this grant contract agreement. In the performance of this grant contract agreement, time is of the essence. 4 Consideration and Payment 4.1 Consideration The State will pay for all services performed by the Grantee under this grant contract agreement as follows: a) Compensation The Grantee will be paid for all services performed pursuant to this grant contract not to exceed 299,485.00. b) Matching Requirement Grantee certifies that the following matching requirement for the Grant will be met by Grantee. The total project cost is $598,970.00. The Grantee agrees to provide a nonstate match of a least 299,485.00. c) Total Obligation The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract agreement will not exceed $299,485.00. d) Indirect Cost Rate Federal indirect costs are not eligible for reimbursement in the State’s federal award or this sub- award agreement. 4.2 Payment a) Reimbursement Requests The State will promptly pay the Grantee after the Grantee presents a payment request and required expenditure documentation for the services actually performed and the State's Authorized Representative accepts the documentation. Invoices must be submitted timely and according to the following schedule: Upon completion of services or up to four requests during the contract period. A final reimbursement of no more than 10% may be withheld until final completion of services. b) Federal funds Payments under this grant contract will be made from federal funds obtained by the State through the National Park Service of the United States Department of Interior, Land and Water Conservation Fund, 15.916, Act of 1965 as amended thereto. If at any time such funds become unavailable, this Grant Contract shall be terminated immediately upon written notice of such fact Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 3 by the State to the Grantee. In the event of such termination, Grantee shall be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by the Grantee’s failure to comply with federal requirements. 4.3 Contracting and Bidding Requirements Per Minn. Stat. §471.345, grantees that are municipalities as defined in Subd. 1 must follow the law. a) For projects that include construction work of $25,000 or more, prevailing wage rules apply per Minn. Stat. §§177.41 through 177.44. These rules require that the wages of laborers and workers should be comparable to wages paid for similar work in the community as a whole. b) The grantee must not contract with vendors who are suspended or debarred in MN or by the Federal Government: http://www.mmd.admin.state.mn.us/debarredreport.asp 5 Conditions of Payment All services provided by the Grantee under this grant contract agreement must be performed to the State’s satisfaction, as determined at the sole discretion of the State’s Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 6 Authorized Representatives The State's Authorized Representative is Mai Neng Moua, Grants Specialist Coordinator, Minnesota Department of Natural Resources (DNR), 500 Lafayette Road, St. Paul, MN 55155, 651.259.5368, mai.n.moua@state.mn.us or her successor, and has the responsibility to monitor the Grantee’s performance and the authority to accept the services provided under this grant contract agreement. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee’s Authorized Representative is Steve Hart, Parks and Recreation Manager, City of Prior Lake, 4646 Dakota Street SE, Prior Lake, MN 55372, 952.447.9822, SHart@priorlakemn.gov or his successor, and has the responsibility to monitor the Grantee’s performance and the authority to accept the services provided under this grant contract agreement. If the Grantee’s Authorized Representative changes at any time during this grant contract agreement, the Grantee must immediately notify the State. 7 Assignment Amendments, Waiver, and Grant Contract Agreement Complete 7.1 Assignment The Grantee shall neither assign nor transfer any rights or obligations under this grant contract agreement without the prior written consent of the State, approved by the same parties who executed and approved this grant contract agreement, or their successors in office. 7.2 Amendments Any amendments to this grant contract 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 grant contract, or their successors in office. 7.3 Waiver If the State fails to enforce any provision of this grant contract agreement, that failure does not waive the provision or the State’s right to enforce it. Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 4 7.4 Grant Contract Agreement Complete This grant contract agreement contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party. 8 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney’s fees incurred by the State, arising from the performance of this grant contract agreement by the Grantee or the Grantee’s agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract agreement. 9 Audits (State and Single) Under Minn. Stat. §16B.98, subd. 8 and 2 CFR 200.331, the Grantee’s books, records, documents, and accounting procedures and practices of the Grantee or other party relevant to this grant contract agreement or transaction are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract agreement, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements, whichever is later. All state and local governments, colleges and universities, and non-profit organizations that expend 750,000 or more of Federal awards in a fiscal year must have a single audit according to the new OMB Uniform Guidance: Cost Principles, Audit, and Administrative Awards Requirements for Federal Awards. This is $750,000 total Federal awards received from all sources. If an audit is completed, forward a copy of the report to both the State's Authorized Representative and the State Auditor. 10 Government Data Practices and Intellectual Property Rights 10.1 Government Data Practices The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant contract agreement. The civil remedies of Minn. Stat. §13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. The Grantee’s response to the request shall comply with applicable law 10.2 Intellectual Property Rights The State owns any intellectual property developed with these funds. The federal awarding agency may receive royalty-free, non-exclusive and an irrevocable right to reproduce, publish, or otherwise use the work for Federal purposes, and to authorize others to do so as noted in 2 CFR 200.315. 11 Workers Compensation The Grantee certifies that it is in compliance with Minn. Stat. §176.181, Subd. 2, pertaining to workers’ compensation insurance coverage. The Grantee’s employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers’ Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State’s obligation or responsibility. 12 Publicity and Endorsement 12.1 Publicity Any publicity regarding the subject matter of this grant contract agreement must identify the State as Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 5 the sponsoring agency and must not be released without prior written approval from the State’s Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. All projects primarily funded by state grant appropriations must publicly credit the State of Minnesota, including on the grantee’s website when practicable. 12.2 Signage Any site funded by this grant contract shall display a sign at a prominent location at the entrance to the site and in a form approved by the State that acknowledges funding through this grant. 12.3 Endorsement The Grantee must not claim that the State endorses its products or services and the Grantee must adhere to the terms of 2 CFR 200.315. 13 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this grant contract agreement. Venue for all legal proceedings out of this grant contract agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14 Termination 14.1 Termination by the State The State may immediately terminate this grant contract agreement with or without cause, upon 30 days’ written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 14.2 Termination for Cause The State may immediately terminate this grant contract agreement if the State finds that there has been a failure to comply with the provisions of this grant contract, that reasonable progress has not been made or that the purposes for which the funds were granted have not been or will not be fulfilled. The State may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. 15 Data Disclosure Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. 16 Affirmative Action and Non-Discrimination a) The grantee agrees not to discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status in regard to public assistance, membership or activity in a local commission, disability, sexual orientation, or age in regard to any position for which the employee or applicant for employment is qualified (Minn. Stat. 363A.02). The grantee agrees to take affirmative steps to employ, advance in employment, upgrade, train, and recruit minority persons, women, and persons with disabilities. b) The grantee must not discriminate against any employee or applicant for employment because of Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 6 physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The grantee agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled persons without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship, (Minnesota Rules, part 5000.3500). c) The grantee agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. 17 Americans with Disabilities Act and Final Guidelines for Outdoor Developed Areas The Grantee is subject to complying with the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. 12101 et seq.) and all applicable regulations and guidelines. The Grantee must comply with the 2010 American Disabilities Act Standards for Accessible Design. The Grantee shall construct, operate, and maintain all facilities and programs in compliance with all state and federal accessibility laws, regulations, and guidelines including the Final Guidelines for Outdoor Developed Areas. Information on compliance with the Americans with Disabilities Act is available at U.S. Access Board. 18 Reporting The Grantee shall submit a progress report, in a form prescribed by the State, by January 1 of each year during the term of this grant contract. A final report must be submitted with the request for final reimbursement. Forms will be provided by the State. 19 Inspections The State’s authorized representatives shall be allowed, at any time, to conduct periodic site visits and inspections to ensure work progress in accordance with this grant contract, including a final inspection upon project completion. Following closure of the project, the State’s authorized representatives shall be allowed to conduct post-completion inspections of the site to ensure that the site is being properly operated and maintained and that no conversion of use has occurred. 20 Conflict of Interest It is the policy of the State to work to deliberately avoid actual and potential conflict of interests related to grant making at both the individual and organizational levels. A conflict of interest (actual or potential) occurs when a person has actual or apparent duty or loyalty to more than one organization and the competing duties or loyalties may result in actions which are adverse to one or both parties. A conflict of interest exists even if no unethical, improper, or illegal act results from it. The Grantee, by signing this contract with the State, certifies it has read and understands the Office of Grants Management Conflict of Interest Policy 08-01, will maintain an adequate Conflict of Interest Policy and, throughout the term of the contract, monitor and report any actual or potential conflicts of interest to the State’s Authorized Representative. 21 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions 21.1 The prospective lower tier participant certifies, by submission of this agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 21.2 Where the prospective lower tier participant is unable to certify to any of the statements in this Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 7 certification, such prospective participant shall attach an explanation to this agreement. 22 Non-Discrimination Requirements No person in the United States must, on the ground of race, color, national origin, handicap, age, religion, or sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under, any program or activity receiving Federal financial assistance. Including but not limited to: a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) and DOC implementing regulations published at 15 C.F.R. Part 8 prohibiting discrimination on the grounds of race, color, or national origin under programs or activities receiving Federal financial assistance; Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.) prohibiting discrimination on the basis of sex under Federally assisted education programs or activities; b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), and DOC implementing regulations published at 15 C.F.R. Part 8b prohibiting discrimination on the basis of handicap under any program or activity receiving or benefiting from Federal assistance. c) The Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101 et seq.), and DOC implementing regulations published at 15 C.F.R. Part 20 prohibiting discrimination on the basis of age in programs or activities receiving Federal financial assistance. d) Title II of the Americans with Disabilities Act (ADA) of 1990 which prohibits discrimination against qualified individuals with disabilities in services, programs, and activities of public entities. e) Any other applicable non-discrimination law(s). 23 Minnesota Historical Sites Act and Minnesota Field Archaeology Act For projects involving land acquisition and/or construction, the State Historic Preservation Office must review the project to determine if the site is a potential location for historical or archeological findings. If the State Historic Preservation Office determines that a survey is required, the survey would need to be completed prior to any site disturbance for development projects and prior to the final reimbursement of the grant funds for acquisition projects. 24 Land Retention and Deed Restriction 24.1 Land Retention Any lands acquired or developed with assistance from the Outdoor Recreation grant program must be retained solely for public outdoor recreation use. The lands subject to this contract are shown in Attachment B – Boundary Map which is attached and incorporated into this contract. No other use can be made of these lands without prior written approval of the State and the Secretary of Interior. The State will consider requests to convert these lands to other uses only if all practical alternatives have been evaluated and rejected on a sound basis and replacement lands of equal or greater fair market value and reasonably equivalent usefulness are acquired and dedicated to public outdoor recreation use. 24.2 Deed Restriction The Grantee shall have the following condition recorded with the deed to all lands within the park as described in Attachment B – Boundary Map and submit an attested copy of the deed and the condition to the State: In order to comply with the Department of Natural Resources Outdoor Recreation Project Contract LW27-01468, the City of Prior Lake does hereby impose the following restrictions on the property Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 8 described in Attachment B to that contract: 1. The property shall be permanently managed and maintained for public outdoor recreation use. 2. The property has been acquired and/or developed with Land and Water Conservation Fund assistance and that it cannot be converted to other than public outdoor recreation use without the written approval of the State acting through its Commissioner of Natural Resources and the Secretary of the Interior. 25 Resource Management and Protection The Grantee shall protect, manage and maintain, or cause to maintain, the property acquired and/or developed pursuant to this grant contract. Properties shall be kept reasonably safe for public use, if applicable. All state and federal accessibility laws, regulations and standards shall be adhered to. Vegetation management and similar safeguards and supervision shall be provided to the extent feasible. Buildings, roads, trails and other structures and improvements, if any, shall be kept in reasonable repair throughout their estimated lifetime to prevent undue deterioration. The Grantee shall keep the facility open to the general public at reasonable hours and at times of the year consistent with the purpose and type of use of the property and appropriate management and protection of natural resources. 26 Invasive Species Prevention Grantees and subcontractors must follow Minnesota DNR’s Operational Order 113, which requires preventing or limiting the introduction, establishment and spread of invasive species during activities on public waters and DNR-administered lands. This applies to all activities performed on all lands under this grant agreement and is not limited to lands under DNR control or public waters. Operational Order 113 is incorporated into this contract by reference. The grantee shall prevent invasive species from entering into or spreading within a project site by cleaning equipment and clothing prior to arriving at the project site. If the equipment or clothing arrives at the project site with soil, aggregate material, mulch, vegetation including seeds) or animals, it shall be cleaned by Grantee furnished tool or equipment (brush/broom, compressed air or pressure washer) at the staging area. The Grantee or subcontractor shall dispose of material cleaned from equipment and clothing at a location determined by the Grantee or their representative. If the material cannot be disposed of onsite, secure material prior to transport (sealed container, covered truck, or wrap with tarp) and legally dispose of offsite. 27 Pollinator Best Management Practices Habitat restorations and enhancements conducted on DNR lands and prairie restorations on state lands or on any lands using state funds are subject to pollinator best management practices and habitat restoration guidelines pursuant to Minn. Stat. 84.973. Practices and guidelines ensure an appropriate diversity of native species to provide habitat for pollinators through the growing season. Current specific practices and guidelines to be followed for contract and grant work can be found here: Link to December 2014 version. 28 Force Majeure Neither party shall be responsible to the other or considered in default of its obligations within this Contract to the extent that performance of any such obligation is prevented or delayed by acts of God, war, riot, disruption of government, or other catastrophes beyond the reasonable control of the party unless the act or occurrence could have been reasonably foreseen and reasonable action could have been taken to prevent the delay or failure to perform. A party relying on this provision to excuse performance Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 9 must provide the other party prompt written notice of the inability to perform and take all necessary steps to bring about performance as soon as practicable. 28 Program Requirements The grantee will comply with the provisions of the Land and Water Conservation Fund Act of 1965 (78 Stat. 897), and Attachment C, Federal Land and Water Conservation Fund Program General and Special Provisions, attached and incorporated into this contract. 29 General and Special Provisions 1. Department of Interior Standard (DOI) Terms and Conditions. DOI Standard Terms and Conditions apply and are located at https://www.doi.gov/grants/doi-standard-terms-and- conditions (version effective December 19, 2019-revised June 19, 2020), except the provision related to the Davis-Bacon Act in Section VII. 2. 2 C.F.R. §200.92 Subaward; 200.101 Applicability; and 200.331 Subrecipients and contractor determinations. Requirements for passthrough entities applies. 3. Lobbying Prohibition. 18 U.S.C. § 1913, Lobbying with Appropriated Moneys, as amended by Public Law 107–273, Nov. 2, 2002 Violations of this section shall constitute violations of section 1352(a) of title 31. In addition, the related restrictions on the use of appropriated funds found in Div. F, § 402 of the Omnibus Appropriations Act of 2008 (P.L. 110–161) also apply. 4. Byrd Anti-Lobbying Amendment Certification and Disclosure: (If applicable – For Grants over $100,000) a. The Grantee certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352 b. The Grantee shall comply with Interim Final Rule, New Restrictions on Lobbying, found in Federal Register Vol. 55, No. 38, February 26, 1990, and any permanent rules that are adopted in place of the Interim Final Rule. The Interim Final Rule requires the Grantee to certify as to their lobbying activity. Further definition of lobbying can be found in 2 CFR 200.450. c. If the Grantee engages in lobbying activities with non-Federal funds that takes place in connection with obtaining any Federal award, they will promptly inform the authorized representative, and complete any certifications the authorized representative requires. 5. Whistleblower Protection Rights 41 USC §4712, Enhancement of Recipient and Subrecipient Employee Whistleblower Protection a) This award and employees working on this financial assistance agreement will be subject to the whistleblower rights and remedies in the pilot program on Award Recipient employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub.L. 112-239) b) Recipients, their subrecipients, and their contractors awarded contracts over the simplified acquisition threshold related to this award, shall inform their employees in writing, in the predominant language of the workforce, of the employee whistleblower rights and protections under 41 USC 4712. Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 10 c) The recipient shall insert this clause, including this paragraph (c), in all subawards and in contracts over the simplified acquisition threshold related to this award. 6. Ensuring the Future is Made in All of America b All of America’s Workers per E.O. 14005. Per Executive Order 14005, entitled "Ensuring the Future Is Made in All of America by All of America's Workers” the Recipient shall maximize the use of goods, products, and materials produced in, and services offered in, the United States, and whenever possible, procure goods, products, materials, and services from sources that will help American businesses compete in strategic industries and help America’s workers thrive. 7. Build America, Buy America. Note: This term effective as of January 13, 2023. For more information on DOI’s approved waiver, see: https://www.doi.gov/grants/BuyAmerica/GeneralApplicabilityWaivers. As required by Section 70914 of the Bipartisan Infrastructure Law (also known as the Infrastructure Investment and Jobs Act), P.L. 117-58, on or after May 14, 2022, none of the funds under a federal award that are part of Federal financial assistance program for infrastructure may be obligated for a project unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States, unless subject to an approved waiver. The requirements of this section must be included in all subawards, including all contracts and purchase orders for work or products under this program. Recipients of an award of Federal financial assistance are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless: 1. all iron and steel used in the project are produced in the United States--this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; 2. all manufactured products used in the project are produced in the United States —this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and 3. all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. For further information on the Buy America preference, please visit https://www.doi.gov/grants/BuyAmerica. Additional information can also be found at the White House Made in America Office website: https://www.whitehouse.gov/omb/management/made- in-america Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 11 Waivers When necessary, recipients may apply for, and the Department of the Interior (DOI) may grant, a waiver from these requirements, subject to review by the Made in America Office. The DOI may waive the application of the domestic content procurement preference in any case in which it is determined that one of the below circumstances applies: 1. Non-availability Waiver: the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; 2. Unreasonable Cost Waiver: the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent; or 3. Public Interest Waiver: applying the domestic content procurement preference would be inconsistent with the public interest. There may be instances where an award qualifies, in whole or in part, for an existing DOI general applicability waiver as described at: https://www.doi.gov/grants/BuyAmerica/ GeneralApplicabilityWaivers. If the specific financial assistance agreement, infrastructure project, or non-domestic materials meets the criteria of an existing general applicability waiver within the limitations defined within the waiver, the recipient is not required to request a separate waiver for non-domestic materials. If a general applicability waiver does not already apply, and a recipient believes that one of the above circumstances applies to an award, a request to waive the application of the domestic content procurement preference may be submitted to the financial assistance awarding officer in writing. Waiver requests shall include the below information. The waiver shall not include any Privacy Act information, sensitive data, or proprietary information within their waiver request. Waiver requests will be posted to https://www.doi.gov/grants/buyamerica and are subject to public comment periods of no less than 15 days. Waiver requests will also be reviewed by the Made in America Office. 1. Type of waiver requested (non-availability, unreasonable cost, or public interest) 2. Requesting entity and Unique Entity Identifier (UEI) submitting the request. 3. Department of Interior Bureau or Office who issued the award. 4. Federal financial assistance listing name and number (reference block 2 on DOI Notice of Award) 5. Financial assistance title of project (reference block 8 on DOI Notice of Award). 6. Federal Award Identification Number (FAIN). 7. Federal funding amount (reference block 11.m. on DO Notice of Award). 8. Total cost of Infrastructure expenditures (includes federal and non-federal funds to the extent known). 9. Infrastructure project description(s) and location(s) (to the extent known). Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 12 10. List of iron or steel item(s), manufactured goods, and construction material(s) the recipient seeks to waive from Buy America requirements. Include the name, cost, countries of origin (if known), and relevant PSC or NAICS code for each. 11. A certification that the recipient made a good faith effort to solicit bids for domestic products supported by terms included in requests for proposals, contracts, and nonproprietary communications with the prime contractor. 12. A statement of waiver justification, including a description of efforts made (e.g., market research, industry outreach) by the recipient, in an attempt to avoid the need for a waiver. Such a justification may cite, if applicable, the absence of any Buy America-compliant bids received in response to a solicitation. 13. Anticipated impact if no waiver is issued. Approved waivers will be posted at https://www.doi.gov/grants/BuyAmerica/ApprovedWaivers; recipients requesting a waiver will be notified of their waiver request determination by an awarding officer. Questions pertaining to waivers should be directed to the financial assistance awarding officer. Definitions Construction materials” includes an article, material, or supply that is or consists primarily of: non-ferrous metals; plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); glass (including optic glass); lumber; or drywall. Construction Materials” does not include cement and cementitious materials, aggregates such as stone, sand, or gravel, or aggregate binding agents or additives. Domestic content procurement preference’’ means all iron and steel used in the project are produced in the United States; the manufactured products used in the project are produced in the United States; or the construction materials used in the project are produced in the United States. Infrastructure” includes, at a minimum, the structures, facilities, and equipment for, in the United States, roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property. Infrastructure includes facilities that generate, transport, and distribute energy. Project’’ means the construction, alteration, maintenance, or repair of infrastructure in the United States. 8. Minority Business Enterprise Development. Pursuant to Executive Order 12432 it is national policy to award a fair share of contracts to small and minority firms. NPS is strongly committed to the objectives of this policy and encourages all recipients of its Cooperative Agreements to take affirmative steps to ensure such fairness by ensuring procurement procedures are carried out in accordance with the Executive Order. Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 13 9. Program Income. If the Grantee earns program income, as defined in 2 CFR § 200.80, during the period of performance of this agreement, to the extent available the Grantee must disburse funds available from program income, and interest earned on such funds, before requesting additional cash payments (2 CFR § 200.305 (5)). As allowed under 2 CFR § 200.307, program income may be added to the Federal award by the Federal agency and the non-Federal entity. The program income must be used for the purposes, and under the conditions of, the Federal award. Disposition of program income remaining after the end of the period of performance shall be negotiated as part of the agreement closeout process. 10. Rights in Data. The Grantee must grant the United States of America a royalty–free, non– exclusive and irrevocable license to publish, reproduce and use, and dispose of in any manner and for any purpose without limitation, and to authorize or ratify publication, reproduction or use by others, of all copyrightable material first produced or composed under this Agreement by the Recipient, its employees or any individual or concern specifically employed or assigned to originate and prepare such material. 11. Conflict of Interest a) Applicability 1) This section intends to ensure that non-Federal entities and their employees take appropriate steps to avoid conflicts of interest in their responsibilities under or with respect to Federal financial assistance agreements. 2) In the procurement of supplies, equipment, construction, and services by recipients and by subrecipients, the conflict of interest provisions in 2 CFR §200.318 apply. b) Requirements 1) Non-Federal entities must avoid prohibited conflicts of interest, including any significant financial interests that could cause a reasonable person to question the recipient's ability to provide impartial, technically sound, and objective performance under or with respect to a Federal financial assistance agreement. 2) In addition to any other prohibitions that may apply with respect to conflicts of interest, no key official of an actual or proposed recipient or subrecipient, who is substantially involved in the proposal or project, may have been a former Federal employee who, within the last one (1) year, participated personally and substantially in the evaluation, award, or administration of an award with respect to that recipient or subrecipient or in development of the requirement leading to the funding announcement. 3) No actual or prospective recipient or subrecipient may solicit, obtain, or use non- public information regarding the evaluation, award, or administration of an award to that recipient or subrecipient or the development of a Federal financial assistance opportunity that may be of competitive interest to that recipient or subrecipient. c) Notification. Non-Federal entities, including applicants for financial assistance awards, must disclose in writing any conflict of interest to the DOI awarding agency or pass- through entity in accordance with 2 CFR § 200.112, Conflicts of interest. d) Grantees must establish internal controls that include, at a minimum, procedures to identify, disclose, and mitigate or eliminate identified conflicts of interest. The recipient is Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 14 responsible for notifying the Financial Assistance Officer in writing of any conflicts of interest that may arise during the life of the award, including those that have been reported by subrecipients. Restrictions on Lobbying. Non-Federal entities are strictly prohibited from using funds under this grant or cooperative agreement for lobbying activities and must provide the required certifications and disclosures pursuant to 43 CFR Part 18 and 31 USC 1352. e) Review Procedures. The Financial Assistance Officer will examine each conflict of interest disclosure on the basis of its particular facts and the nature of the proposed grant or cooperative agreement and will determine whether a significant potential conflict exists and, if it does, develop an appropriate means for resolving it. f) Enforcement. Failure to resolve conflicts of interest in a manner that satisfies the Government may be cause for termination of the award. Failure to make required disclosures may result in any of the remedies described in 2 CFR § 200.338, Remedies for Noncompliance, including suspension or debarment (see also 2 CFR Part 180). Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 15 1. STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minn. Stat. § 16A.15 Signed: Date: SWIFT Contract/PO No(s). 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant contract agreement on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Date: By: Title: Date: 3. STATE AGENCY By: with delegated authority) Title: Date: Distribution: Agency Grantee State’s Authorized Representative Attachment A - Project Narrative and Budget Detail Project Components Recipient: Ponds Park Project Number: Project Scope: The City of Prior Lake will redevelop ballfields and trails. Replace existing hillside trail and stairs Remove trail adjacent to practice ballfield and locate new trail closer to playground Replace 2 adult ballfields with 2 youth ballfields with improved spacing for safety and storm management Reconstruct and remove trails 105,624 11,723 372,433 54,739 Total Cost Estimated Total Cost 598,970 Design & engineering $54,452 LWCF Amount:$299,485 Local Match: Total Project Cost: 299,485 598,970 City of Prior Lake Park Name: LW27-01468 200Feet Attachment B -27-01468 LWCF Boundary Ponds Park 17429 Ponds Parkway SE | Prior Lake, MN 55372 - 67.0 Acres Applicant:_____________________________________________ Date:____/____/2022 LWCF Boundary Park Features to Remain New/Changing Park Features Section Corner Parking Lot (Existing) Restrooms (Existing) Potable Water Source (Existing) Shelter (Existing) Steve Hart, CPRP - Parks & Recreation Manager - City of Prior Lake Primary Entry Via 170th St SE Secondary Entry Via Ponds Pkwy SE Pedestrian Entry Via Pondsedge Ln Pedestrian Entry Via Neighborhood Pedestrian Entry Via Wilderness Tr SE Section Corner Co 70 - Town 114 - Rang 22 P P P P P 12 11 12 Ex. Ballfield To Remain Ex. Ballfield To Remain Focus Area Graphic LocationEx. Ballfield To Remain Storage Bldg To Remain Ex. Ballfield To Remain Ex. Rectangle Fields ( 2)To Remain Ex. Rectangle Field To Remain Ex. Ballfield To Remain Ex. Ballfield To Remain Ex. Trail Removal Ex. Trail Removal Play Structure Accessible Shelter Building With Concrete Plaza Ex. Ballfield To 1 ATTACHMENT C LWCF GENERAL PROVISIONS Part I – Definitions A.The term "NPS" as used herein means the National Park Service, United States Department of the Interior (DOI). B.The term "Director" as used herein means the Director of the National Park Service, or any representative lawfully delegated the authority to act for such Director. C.The term "Secretary" as used herein means the Secretary of the Interior, or any representative lawfully delegated the authority to act for such Secretary. D.The term "State" as used herein means the State, Territory, or District of Columbia that is a party to the grant agreement to which these general provisions are attached, and, when applicable, the political subdivision or other public agency to which funds are to be subawarded pursuant to this agreement. Wherever a term, condition, obligation, or requirement refers to the State, such term, condition, obligation, or requirement shall also apply to the political subdivision or public agency, except where it is clear from the nature of the term, condition, obligation, or requirement that it applies solely to the State. For purposes of these provisions, the terms "State," "grantee," and "recipient" are deemed synonymous. E.The term “Land and Water Conservation Fund” or “LWCF” as used herein means the Financial Assistance to States section of the LWCF Act (Public Law 88-578, 78 Stat 897, codified at 54 U.S.C. § 2003), which is administered by the NPS. F.The term "Manual" as used herein means the Land and Water Conservation Fund State Assistance Program Manual, Volume 71 (March 11, 2021). G.The term "project" as used herein refers to an LWCF grant, which is subject to the grant agreement and/or its subsequent amendments. Part II - Continuing Assurances The parties to the grant agreement specifically recognize that accepting LWCF assistance for the project creates an obligation to maintain the property described in the agreement and supporting application documentation consistent with the LWCF Act and the following requirements. Further, it is the acknowledged intent of the parties hereto that recipients of LWCF assistance will use the monies granted hereunder for the purposes of this program, and that assistance granted from the LWCF will result in a net increase, commensurate at least with the Federal cost-share, in a participant's outdoor recreation. It is intended by both parties hereto that the LWCF assistance will be added to, rather than replace or be substituted for, the State and/or local outdoor recreation funds. 2 A. The State agrees, as the recipient of the LWCF assistance, that it will meet these LWCF General Provisions, and the terms and provisions as contained or referenced in, or attached to, the NPS grant agreement and that it will further impose these terms and provisions upon any political subdivision or public agency to which funds are subawarded pursuant to the grant agreement. The State also agrees that it shall be responsible for compliance with the terms and provisions of the agreement by such a political subdivision or public agency and that failure by such political subdivision or public agency to so comply shall be deemed a failure by the State to comply. B. The State agrees that the property described in the grant agreement and depicted on the signed and dated project boundary map made part of that agreement is being acquired or developed with LWCF assistance, or is integral to such acquisition or development, and that, without the approval of the Secretary, it shall not be converted to other than public outdoor recreation use but shall be maintained in public outdoor recreation in perpetuity or for the term of the lease in the case of property leased from a federal agency. The Secretary shall approve such a conversion only if it is found to be in accord with the then existing statewide comprehensive outdoor recreation plan and only upon such conditions deemed necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location (54 U.S.C. 200305(f)(3)). The LWCF post- completion compliance regulations at 36 C.F.R. Part 59 provide further requirements. The replacement land then becomes subject to LWCF protection. The approval of a conversion shall be at the sole discretion of the Secretary, or her/his designee. Prior to the completion of this project, the State and the Director may mutually agree to alter the area described in the grant agreement and depicted in the signed and dated project boundary map to provide the most satisfactory public outdoor recreation unit, except that acquired parcels are afforded LWCF protection as soon as reimbursement is provided. In the event the NPS provides LWCF assistance for the acquisition and/or development of property with full knowledge that the project is subject to reversionary rights and outstanding interests, conversion of said property to other than public outdoor recreation use as a result of such right or interest being exercised will occur. In receipt of this approval, the State agrees to notify the NPS of the potential conversion as soon as possible and to seek approval of replacement property in accord with the conditions set forth in these provisions and the program regulations. The provisions of this paragraph are also applicable to: leased properties developed with LWCF assistance where such lease is terminated prior to its full term due to the existence of provisions in such lease known and agreed to by the NPS; and properties subject to other outstanding rights and interests that may result in a conversion when known and agreed to by the NPS. C. The State agrees that the benefit to be derived by the United States from the full compliance by the State with the terms of this agreement is the preservation, protection, and the net increase in the quality and quantity of public outdoor recreation facilities and resources that are available to the people of the State and of the United States, and such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the United States by way of assistance under the terms of this agreement. The State agrees that payment by the State to the United States of an amount equal to the amount of assistance extended 3 under this agreement by the United States would be inadequate compensation to the United States for any breach by the State of this agreement. The State further agrees, therefore, that the appropriate remedy in the event of a breach by the State of this agreement shall be the specific performance of this agreement or the submission and approval of a conversion request as described in Part II.B above. D. The State agrees to comply with the policies and procedures set forth in the Manual. Provisions of said Manual are incorporated into and made a part of the grant agreement. E. The State agrees that the property and facilities described in the grant agreement shall be operated and maintained as prescribed by Manual requirements and published post- completion compliance regulations (36 C.F.R Part 59). F. The State agrees that a notice of the grant agreement shall be recorded in the public property records (e.g., registry of deeds or similar) of the jurisdiction in which the property is located, to the effect that the property described and shown in the scope of the grant agreement and the signed and dated project boundary map made part of that agreement, has been acquired or developed with LWCF assistance and that it cannot be converted to other than public outdoor recreation use without the written approval of the Secretary as described in Part II.B above. G. Nondiscrimination 1. By signing the LWCF agreement, the State certifies that it will comply with all Federal laws relating to nondiscrimination as outlined in Section V of the Department of the Interior Standard Award Terms and Conditions. 2. The State shall not discriminate against any person on the basis of residence, except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence, as set forth in 54 U.S.C. § 200305(i) and the Manual. Part III - Project Assurances A. Project Application 1. The Application for Federal Assistance bearing the same project number as the Grant Agreement and associated documents is by this reference made a part of the agreement. 2. The State possesses legal authority to apply for the grant, and to finance and construct the proposed facilities. A resolution, motion, or similar action has been duly adopted or passed authorizing the filing of the application, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the State to act in connection with the application and to provide such additional information as may be required. 3. The State has the capability to finance the non-Federal share of the costs for the project. Sufficient funds will be available to assure effective operation and maintenance of the facilities acquired or developed by the project. 4 B. Project Execution 1. The State shall transfer to the project sponsor identified in the Application for Federal Assistance all funds granted hereunder except those reimbursed to the State to cover eligible expenses derived from a current approved negotiated indirect cost rate agreement. 2. The State will cause work on the project to start within a reasonable time after receipt of notification that funds have been approved and assure that the project will be implemented to completion with reasonable diligence. 3. The State shall secure completion of the work in accordance with approved construction plans and specifications, and shall secure compliance with all applicable Federal, State, and local laws and regulations. 4. The State will provide for and maintain competent and adequate architectural/engineering supervision and inspection at the construction site to insure that the completed work conforms with the approved plans and specifications; that it will furnish progress reports and such other information as the NPS may require. 5. In the event the project cannot be completed in accordance with the plans and specifications for the project, the State shall bring the project to a point of recreational usefulness agreed upon by the State and the Director or her/his designee in accord with Section III.C below. 6. As referenced in the DOI Standard Terms and Conditions, the State will ensure the project’s compliance with applicable federal laws and their implementing regulations, including: the Architectural Barriers Act of 1968 (P.L. 90-480) and DOI’s Section 504 Regulations (43 CFR Part 17); the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) and applicable regulations; and the Flood Disaster Protection Act of 1973 (P.L. 93-234). 7. The State will comply with the provisions of: Executive Order (EO) 11988, relating to evaluation of flood hazards; EO 11288, relating to the prevention, control, and abatement or water pollution, and EO 11990 relating to the protection of wetlands. 8. The State will assist the NPS in its compliance with Section 106 of the National Historic Preservation Act of 1966 (54 U.S.C. § 306108) and the Advisory Council on Historic Preservation regulations (36 C.F.R. Part 800) by adhering to procedural requirements while considering the effect of this grant award on historic properties. The Act requires federal agencies to take into account the effects of their undertaking (grant award) on historic properties by following the process outlined in regulations. That process includes 1) initiating the process through consultation with the State Historic Preservation Officer and others on the undertaking, as necessary, by (2) identifying historic properties listed on or eligible for inclusion on the National Register of Historic Places that are subject to effects by the undertaking, and notifying the NPS of the existence of any such properties, by (3) assessing the effects of the undertaking upon such properties, if present, and by (4) 5 resolving adverse effects through consultation and documentation according to 36 C.F.R. 800.11. If an unanticipated discovery is made during implementation of the undertaking, the State in coordination with NPS shall consult per provisions of 36 C.F.R. §800.13. 9. The State will assist the NPS in its compliance with the National Environmental Policy Act of 1969, as amended (42 U.S.C. §4321 et seq) and the CEQ regulations (40 C.F.R. 1500-1508), by adhering to procedural requirements while considering the consequences of this project on the human environment. This Act requires Federal agencies to take into account the reasonably foreseeable environmental consequences of all grant-supported activities. Grantees are required to provide the NPS with a description of any foreseeable impacts to the environment from grant-supported activities or demonstrate that no impacts will occur through documentation provided to the NPS. The applicant must submit an Application & Revision Form in order to assist the NPS in determining the appropriate NEPA pathway when grant-assisted development and other ground disturbing activities are expected. If a Categorical Exclusion (CE) is the appropriate NEPA pathway, the NPS will confirm which CE, according to NPS Director's Order 12, applies. C. Project Termination 1. The Director may temporarily suspend Federal assistance under the project pending corrective action by the State or pending a decision to terminate the grant by the NPS. 2. The State may unilaterally terminate the project at any time prior to the first payment on the project. After the initial payment, the project may be terminated, modified, or amended by the State only by mutual agreement with the NPS. 3. The Director may terminate the project in whole, or in part, at any time before the date of completion whenever it is determined that the grantee has failed to comply with the conditions of the grant. The Director will promptly notify the State in writing of the determination and the reasons for the termination, together with the effective date. Payments made to States or recoveries by the NPS under projects terminated for cause shall be in accord with the legal rights and liabilities of the parties. 4. The Director or State may terminate grants in whole or in part at any time before the date of completion when both parties agree that the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds. The two parties shall agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated. The grantee shall not incur new obligations for the terminated portion after the effective date and shall cancel as many outstanding obligations as possible. The NPS may allow full credit to the State for the Federal share of the non-cancelable obligations, properly incurred by the grantee prior to termination. 5. Termination either for cause or for convenience requires that the project in question be brought to a state of recreational usefulness agreed upon by the State and the Director or that all funds provided by the NPS be returned. 6 D. Project Closeout 1. The State will determine that all applicable administrative actions, including financial, and all required work as described in the grant agreement has been completed by the end of the project’s period of performance. 2. Within 120 calendar days after completing the project or following the Expiration Date of the period of performance, whichever comes first, the State will submit all required documentation as outlined in the Manual and the Federal Financial Report (SF-425) as outlined in Article XIV of this Agreement for approval by the NPS prior to requesting final reimbursement. 3. After review, including any adjustments, and approval from the NPS, the State will request through ASAP the final allowable payment of reimbursable costs. The State will submit a completed “LWCF Record of Electronic Payment” form to the NPS within 24 hours (before or after) of initiating the request for payment in ASAP. 4. The NPS retains the right to disallow costs and recover funds on the basis of later audit or other review within the record retention period. 200Feet Attachment B -27-01468 LWCF Boundary Ponds Park 17429 Ponds Parkway SE | Prior Lake, MN 55372 - 67.0 Acres Applicant:_____________________________________________ Date:____/____/2022 LWCF Boundary Park Features to Remain New/Changing Park Features Section Corner Parking Lot (Existing) Restrooms (Existing) Potable Water Source (Existing) Shelter (Existing) Steve Hart, CPRP - Parks & Recreation Manager - City of Prior Lake Primary Entry Via 170th St SE Secondary Entry Via Ponds Pkwy SE Pedestrian Entry Via Pondsedge Ln Pedestrian Entry Via Neighborhood Pedestrian Entry Via Wilderness Tr SE Section Corner Co 70 - Town 114 - Rang 22 P P P P P 12 11 12 Ex. Ballfield To Remain Ex. Ballfield To Remain Focus Area Graphic LocationEx. Ballfield To Remain Storage Bldg To Remain Ex. Ballfield To Remain Ex. Rectangle Fields ( 2)To Remain Ex. Rectangle Field To Remain Ex. Ballfield To Remain Ex. Ballfield To Remain Ex. Trail Removal Ex. Trail Removal Play Structure Accessible Shelter Building With Concrete Plaza Ex. Ballfield To M O U N T C U R V BL V D S E MARKLEYLAKED R SEWELCOMEAVESEScott County GIS 27 16 12 83 42 44 17 82 18 78 14 21 This product is for informational purposes and is not suitable for legal, engineering, or surveying purposes. This product has been produced by the City of Prior Lake for the sole purpose of geographic reference. No warranty is made by the City of Prior Lake regarding specific accuracy or completeness. 0 200 400 500 700 Feet Welcome Avenue Repairs Council Item Location Map 8/3/2022 Rev. July 2020 CHANGE ORDER Page 1 of 1 WSB Project No. 020326-000 Owner Project No. Change Order No. 1 Project Title/Description: WELCOME AVENUE STORM SEWER REPAIRS Owner: City of Prior Lake Owner Address: 4646 Dakota Street Prior Lake, MN 55372-1787 Contractor: Krueger Excavating Inc. Contractor Address: PO Box 729 Prior Lake, MN 55372 Total Change Order Amount: $35,171.17 Description: The increased contract amount is $35,171.17. The unit bid quantities have been eliminated and the project total is the lump sum of $91,176.17. Estimate Of Cost: (Include any increases or decreases in contract items, any negotiated or force account items.) Group/Funding Category Item No. Description Unit Unit Price + or – Quantity or – Amount $ local 1 PROJECT SCOPE CHANGE L S $35,171.17 1 $35,171.17 Net Change This Change Order $35,171.17 Due to this change, the contract time: (check one) Is NOT changed ( ) May be revised as provided in MnDOT Specification 1806 Number of Working Days Affected by this Contract Change: Number of Calendar Days Affected by this Contract Change: Approved By Project Engineer: Date: October 31, 2022 Approved By Contractor: Approved By Owner: