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HomeMy WebLinkAboutCity Council - 09/17/2019AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, SEPTEMBER 17, 2019 CITY CENTER 5:00 – 6:25 PM, HERITAGE ROOMS 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Kathy Nelson, Mark Freiberg, and PG Narayanan CITY STAFF: City Manager Rick Getschow, Police Chief Greg Weber, Fire Chief Scott Gerber, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Community Services Manager Jonathan Stanley, Parks and Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Katie O’Connor Workshop - Heritage Rooms I and II (5:30) I. HOUSING TASK FORCE Open Podium - Council Chamber (6:30) II.OPEN PODIUM A. GARY WATKINS AND CURT CONNAUGHTY – EDEN PRAIRIE LIONSCLUB SCHOONER DAYS PARADE III.ADJOURNMENT Housing Task Force Update Eden Prairie City Council Workshop, September 17, 2019 What We’ll Cover Task force dynamics & background Topics covered to date Special topic: Inclusionary Housing policy Task Force recommendations for Inclusionary Housing What’s next for the Task Force Task force dynamics & background Members gelling well, solid participation in dialogues Mix of specialties and experience paying dividends Got up to speed quickly Enthusiastic to make first recommendations & pursue additional topics Topics covered to date Date Meeting 1 June 12, 2019 Meeting 2 July 10,2019 Meeting 3 Aug 14, 2019 Meeting 4 Sept 11, 2019 Topics Covered •Eden Prairie Strategic Plan •Aspire 2040 •2017 Housing Study •Common terms in affordable housing •Current programs and policies in EP •Owner-occupied programs •Multifamily finance tools •External grant resources •PROP’s housing trends and efforts •Inclusionary housing (IH) •Local and national IH examples •Staff IH recommendations •Inclusionary housing deep dive •Discussion of key IH elements •consensus building •Task Force recommendations Staff & GuestAttendees Rick Getschow Julie Klima Jonathan Stanley CM Mark Freiberg Janet Jeremiah Jonathan Stanley Jenny Buckland (PROP) Julie Siegert (PROP) Jonathan Stanley Jonathan Stanley Special topic: Inclusionary Housing policy Policy requiring that a certain percentage of units be affordable at a given income level (e.g. 10% of units must be affordable to households earning 50% or less of the area median income, or AMI, for a specified time period) Increasingly used tool around metro with hundreds of programs nationwide In use in EP since 2017, but on deal-by-deal negotiated basis Inclusionary housing secured on Applewood Pointe, Cascade, Paravel, Prairie Bluffs Senior Living, Presbyterian Homes, Southview Senior Living & Trail Pointe Ridge Task Force recommends establishing formal policy for consistency & so developers know the ‘rules of the game’ Seen as key tool in meeting City’s need for affordable housing, particularly with TOD development coming Bloomington Edina Richfield St. Louis Park Eden Prairie (Draft) Policy applies when Public financing involved Public financing involved or site rezoned to a PUD Public financing involved Public financing involved, request for PUD is made, or comp plan amendment is needed A discretionary approval is made, or when public subsidy is involved Development Size 20 units or more 20 units or more 5 units or more 10 units or more 10 units or more Housing Types Rental (new construction, rehab), owner-occupied Rental (new construction, NOAH rehab), owner-occupied Rental (new construction), owner-occupied Rental (new construction, rehab), owner-occupied Rental (new construction), owner-occupied Term 20 Years At least 20 years 26 years (if TIF), no less than 10 25 years In perpetuity Rental Affordability Targets 9% of Total project at 60% AMI 20% at 60% OR 10% at 50% AMI 20% at 60% of AMI 5% at 30% AMI, 10% at 50% or 20% at 60% 5% at 30% AMI, 10% at 50%, or 15% at 60% Ownership Affordability Targets 9% at 110% AMI 10% of units at affordable sales price 20% at 115% AMI Payment-in-lieu required 10% at 115% or payment-in-lieu required In Lieu Fee $9.60 per leasable square foot Total buy in of $100,000 per unit 15% of total financing provided by City; may seek approval for combo of units and in-lieu fees Difference between market-rate sales price and affordability at 80% AMI multiplied by 15% of total units For owner-occupied housing, as option to direct building of units, with payment-in-lieu option with amount yet to be determined Costs Offsets Density bonus,fee waivers, expedited review, fee waivers, TIF, unit size reduction, others Density bonus, TIF, property tax abatement, low interest loans, others Density bonus, property tax abatement,Permit Fee waiver Density bonus, reduced development requirements, other as approved by city TIF, others? Task Force recommendations for Inclusionary Housing Concur with & support staff recommendations for: When policy applies / what triggers the policy Minimum development size to which policy applies (10 or more units) Length of affordability restrictions (in perpetuity) Providing developer choice of affordability target (e.g. 5% at/below 30% AMI, 10% at/below 50% AMI, or 15% at/below 60% of AMI) For owner-occupied housing, allow option of a payment-in-lieu of actual construction of units (amount to be determined) Task Force recommendations (cont.) For rental housing, clarify requirements for projects that do and do not involve public subsidy Expand policy applicability to include rehabilitation and NOAH projects where the City is providing financial subsidy Explore feasibility of other “cost offsets” to close the gap created by the inclusionary requirements (see next slide) Seek additional input from industry professionals & developers as needed Direct staff to determine an appropriate in-lieu fee for owner-occupied developments Direct staff to update its draft policy to reflect Task Force recommendations “Cost offsets” in use by other local cities Density Bonus Parking Reduction Unit Size Reduction Development Fee Waivers / Deferments Landscape Fee Reduction Expedited Plan Review Pooled TIF Deferred / Low Interest Loans Reduced Development Requirements Partial Waiver of Building Permit Fee Housing TIF Property Tax Abatement Alternative External Materials Allowance What’s next for the Task Force Identify & arrange speaking engagements with additional practitioners Begin process of inventorying & developing strategies for preservation of Naturally Occurring Affordable Housing (NOAH) Explore Tenant Protection policies / ordinances in more detail Others as directed by Council or deemed necessary by Task Force AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 17, 2019 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Kathy Nelson, Mark Freiberg, and PG Narayanan CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER II.PLEDGE OF ALLEGIANCE III.OPEN PODIUM INVITATION IV.PROCLAMATIONS / PRESENTATIONS A. HENNEPIN COUNTY COMMISSIONER JAN CALLISON B. ACCEPT DONATION OF $500 FROM ENVY SKIN CLINIC FOR ARTS IN THE PARK (Resolution) C. ACCEPT DONATION OF $14,645 FROM THE EDEN PRAIRIE CRIME PREVENTION FUND FOR A NEW POLICE CANINE (Resolution) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI.MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 3, 2019 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 3, 2019 VII.REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII.CONSENT CALENDAR A. CLERK’S LICENSE LIST B. PARKS REZONING by City of Eden Prairie. Second Reading of an Ordinance for Rezoning of City Owned Parks and Open Space Areas C. SOUTHWEST TRANSIT NORTH BUS ENTRY/OFFICE ADDITION by SouthWest Transit. Second Reading of an Ordinance for PUD District Review; Resolution for Site Plan Review; Approve Development Agreement (Ordinance for Zoning District Review; Resolution for Site Plan Review; Development Agreement) CITY COUNCIL AGENDA September 17, 2019 Page 2 D. ADOPT RESOLUTION DECLARING COSTS TO BE ASSSESSED AND ORDERING PREPARATION OF SPECIAL ASSESSMENT ROLL AND SETTING A HEARING DATE E. ADOPT RESOLUTION CERTIFYING FUNDS HAVE BEEN PROVIDED FOR PRINCIPAL AND INTEREST PAYMENTS ON BOND ISSUES F. APPROVE REHABILITATION DEFERRED GRANT PROGRAM AGREEMENTS FOR PROP AND THE PROP SHOP USING 2019 CDBG PROGRAM INCOME G. APPROVE AMENDMENTS TO LEASE AGREEMENTS WITH THE METROPOLITAN AIRPORTS COMMISSION FOR FLYING CLOUD BALL FIELDS H. AWARD CONTRACT FOR SHELDON AVENUE STORM SEWER IMPROVEMENTS TO G.L. CONTRACTING INC. I. AWARD CONTRACT FOR VARIABLE FREQUENCY DRIVE REPLACEMENT AT WELL #5 TO PRAIRIE ELECTRIC J. APPROVE CHANGE ORDER NUMBER 1 FOR EDEN PRAIRIE ROAD EXTENSION PROJECT K. APPROVE CHANGE ORDER NUMBER 2 FOR EDEN PRAIRIE ROAD EXTENSION PROJECT L. APPROVE CHANGE ORDER NUMBER 1 FOR PRESERVE BOULEVARD RECONSTRUCTION PROJECT M. APPROVE STANDARD CONTRACT FOR GOODS AND SERVICES WITH ANCOM COMMUNICATION FOR REPLACEMENT OF MOTOROLA CONSOLETTES N. APPROVE STANDARD AGREEMENT WITH VTI SECURITY TO PURCHASE CAMERAS FOR THE COMMUNITY CENTER CAMERA UPGRADE PROJECT O. AWARD CONTRACT FOR PLEASANT HILL CEMETERY COLUMBARIUM PROJECT TO ODESSA II LLC. P. AWARD CONTRACT FOR EDEN PRAIRIE ROAD FENCE AND RETAINING WALL REHABILITATION PROJECT TO ODESSA II LLC. Q. APPROVE PURCHASE OF ADDITIONAL FITNESS EQUIPMENT FOR THE EDEN PRAIRIE COMMUNITY CENTER CITY COUNCIL AGENDA September 17, 2019 Page 3 IX.PUBLIC HEARINGS / MEETINGS A. PARAVEL APARTMENTS by Timberland Partners. Resolution for PUD Concept Review on 4.962 acres; Ordinance for PUD District Review with Waivers on 4.962 acres; Resolution for Preliminary Plat on 4.962 acres (Ordinance for Zoning District Review; Resolution for PUD Concept; Resolution for Preliminary Plat) B. ESTABLISHMENT OF A TAX INCREMENT FINANCING (TIF) DISTRICT AND TIF PLAN FOR PARAVEL AT CASTLE RIDGE C. FINDINGS OF FACT AND CERTIFICATE OF APPROPRIATENESS 2019-01-001 FOR LION’S DEN BUILDING RENOVATIONS D. VACATION OF RIGHT-OF-WAY AND EASEMENTS NEAR CASTLEMOOR DRIVE (Resolution) X. PAYMENT OF CLAIMS XI.ORDINANCES AND RESOLUTIONS XII.PETITIONS, REQUESTS, AND COMMUNICATIONS XIII.APPOINTMENTS XIV.REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV.OTHER BUSINESS XVI.ADJOURNMENT ANNOTATED AGENDA DATE: September 13, 2019 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, September 17, 2019 ___________________________________________________________________________________________ TUESDAY, SEPTEMBER 17, 2019 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II.PLEDGE OF ALLEGIANCE III.OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Councilon issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in theCouncil Chamber. If you wish to speak at Open Podium, please contact the CityManager’s Office at 952.949.8412 by noon of the meeting date with your name,phone number, and subject matter. If time permits after scheduled speakers arefinished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium, please contact theCity Manager’s Office. IV. PROCLAMATIONS / PRESENTATIONS A. HENNEPIN COUNTY COMMISSIONER JAN CALLISON Synopsis: Hennepin County Commissioner Jan Callison will give a presentation. B. ACCEPT DONATION OF $500 FROM ENVY SKIN CLINIC FOR ARTS IN THE PARK (Resolution) Synopsis: Parks and Recreation Director Jay Lothammer will give a presentation on this donation from Envy Skin Clinic to go towards the Arts in the Park event. MOTION: Move to adopt the Resolution accepting the donation of $500 from Envy Skin Clinic to go towards the Arts in the Parks. C. ACCEPT DONATION OF $14,645 FROM THE EDEN PRAIRIE CRIME PREVENTION FUND FOR A NEW POLICE CANINE (Resolution) Synopsis: The generous donation from the Eden Prairie Crime Prevention Fund will pay for both the purchase of the new canine as well as the cost of training. ANNOTATED AGENDA September 17, 2019 Page 2 MOTION: Adopt the Resolution accepting the donation of $14,645 from the Eden Prairie Crime Prevention Fund for the purchase of a new police canine. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 3, 2019 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 3, 2019 VII.REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII.CONSENT CALENDAR MOTION: Move approval of items A - Q on the Consent Calendar. A. CLERK’S LICENSE LIST B. PARKS REZONING by City of Eden Prairie. Second Reading of an Ordinance for Rezoning of City Owned Parks and Open Space Areas C. SOUTHWEST TRANSIT NORTH BUS ENTRY/OFFICE ADDITION by SouthWest Transit. Second Reading of an Ordinance for PUD District Review; Resolution for Site Plan Review; Approve Development Agreement (Ordinance for Zoning District Review; Resolution for Site Plan Review; Development Agreement) D. ADOPT RESOLUTION DECLARING COSTS TO BE ASSSESSED AND ORDERING PREPARATION OF SPECIAL ASSESSMENT ROLL AND SETTING A HEARING DATE E. ADOPT RESOLUTION CERTIFYING FUNDS HAVE BEEN PROVIDED FOR PRINCIPAL AND INTEREST PAYMENTS ON BOND ISSUES F. APPROVE REHABILITATION DEFERRED GRANT PROGRAM AGREEMENTS FOR PROP AND THE PROP SHOP USING 2019 CDBG PROGRAM INCOME G. APPROVE AMENDMENTS TO LEASE AGREEMENTS WITH THE METROPOLITAN AIRPORTS COMMISSION FOR FLYING CLOUD BALL FIELDS ANNOTATED AGENDA September 17, 2019 Page 3 H. AWARD CONTRACT FOR SHELDON AVENUE STORM SEWER IMPROVEMENTS TO G.L. CONTRACTING INC. I. AWARD CONTRACT FOR VARIABLE FREQUENCY DRIVE REPLACEMENT AT WELL #5 TO PRAIRIE ELECTRIC J. APPROVE CHANGE ORDER NUMBER 1 FOR EDEN PRAIRIE ROAD EXTENSION PROJECT K. APPROVE CHANGE ORDER NUMBER 2 FOR EDEN PRAIRIE ROAD EXTENSION PROJECT L. APPROVE CHANGE ORDER NUMBER 1 FOR PRESERVE BOULEVARD RECONSTRUCTION PROJECT M. APPROVE STANDARD CONTRACT FOR GOODS AND SERVICES WITH ANCOM COMMUNICATION FOR REPLACEMENT OF MOTOROLA CONSOLETTES N. APPROVE STANDARD AGREEMENT WITH VTI SECURITY TO PURCHASE CAMERAS FOR THE COMMUNITY CENTER CAMERA UPGRADE PROJECT O. AWARD CONTRACT FOR PLEASANT HILL CEMETERY COLUMBARIUM PROJECT TO ODESSA II LLC. P. AWARD CONTRACT FOR EDEN PRAIRIE ROAD FENCE AND RETAINING WALL REHABILITATION PROJECT TO ODESSA II LLC. Q. APPROVE PURCHASE OF ADDITIONAL FITNESS EQUIPMENT FOR THE EDEN PRAIRIE COMMUNITY CENTER IX.PUBLIC HEARINGS / MEETINGS A. PARAVEL APARTMENTS by Timberland Partners. Resolution for PUDConcept Review on 4.962 acres; Ordinance for PUD District Review with Waivers on 4.962 acres; Resolution for Preliminary Plat on 4.962 acres (Ordinance for Zoning District Review; Resolution for PUD Concept; Resolution for Preliminary Plat) Synopsis: Timberland Partners is requesting approval of a request to redevelop the property at 635 Prairie Center Drive. The proposed project is the second phase of the Castle Ridge Redevelopment project. This phase proposes the construction of a 5 and 7 story apartment building that provides 246 residential units comprised of studio, 1 bedroom and 2 bedroom units. The project also proposes the use of underground parking, limited surface parking and indoor and outdoor site amenities. The proposed density is 49.3 units per acre. The project area also includes a wetland ANNOTATED AGENDA September 17, 2019 Page 4 that will be preserved and maintained through the project development. The project also proposes to include affordable units. MOTION: Move to: •Close the Public Hearing; and •Adopt a Resolution for Planned Unit Development Concept Review on4.962 acres; and •Approve the 1st reading of the Ordinance for Planned Unit Development District Review with waivers on 4.962 acres; and •Adopt a Resolution for a Preliminary Plat of one outlot into one lot on 4.962 acres; and •Direct Staff to prepare a Development Agreement incorporating Staff andCommission recommendations and Council conditions. B. ESTABLISHMENT OF A TAX INCREMENT FINANCING (TIF) DISTRICT AND TIF PLAN FOR PARAVEL AT CASTLE RIDGE Synopsis: Timberland Partners is requesting Tax Increment Financing (TIF) for Paravel at 635 Prairie Center Drive, the second phase of the Castle Ridge Redevelopment project. Paravel is a 5-7 story mixed-income apartment project that meets the criteria for a new Housing TIF District. 20% of the units (50 of the 246 total units) will be affordable to residents earning at or below 50% of the Area Median Income (AMI). An additional 7 units will be affordable to residents earning at or below 80% of the AMI and 6 more units will be affordable to residents earning at or below 100% of the AMI. The remaining 183 units will be market rate and include one guest unit. This request necessitates a Redevelopment Plan modification, creation of a new TIF District #24 and TIF Plan for Paravel. As part of the Redevelopment Plan modification, staff recommends expanding the boundaries of the City’s Redevelopment Project Area #5 to be coterminous with the City’s boundaries. This is a common approach that allows more flexibility in considering future support for housing throughout the City. These actions were found to be consistent with the City’s Comprehensive Plan by the Planning Commission at their August 26, 20919 meeting. MOTION: Move to: •Close the Public Hearing; and •Direct staff to include the Redevelopment Plan Modification forRedevelopment Project Area No. 5, establishment of TIF District 24, andadoption of a TIF plan and agreement for Paravel at Castle Ridge on afuture HRA/City Council meeting agenda. ANNOTATED AGENDA September 17, 2019 Page 5 C. FINDINGS OF FACT AND CERTIFICATE OF APPROPRIATENESS 2019-01-001 FOR LION’S DEN BUILDING RENOVATIONS Synopsis: The Glen Lake Children’s Camp, located at 6350 Indian Chief Road, is listed on the National Register of Historic Places. A Certificate of Appropriateness (COA) is required to make any change in, on, or to a designated Heritage Preservation Site. The Heritage Preservation Commission (HPC) at their August 19, 2019 meeting reviewed and approved plans for exterior renovations to the Camp’s Lion’s Den building. This Certificate of Appropriateness will approve replacing siding, windows, doors and ADA ramp on the Lion’s Den Cabin. MOTION: Move to: •Close the Public Hearing; and •Adopt the Findings of Fact and Approve Certificate of Appropriateness2019-01-001for the renovations to the Lion’s Den building. D. VACATION OF RIGHT-OF-WAY AND EASEMENTS NEAR CASTLEMOOR DRIVE (Resolution) Synopsis: The Property Owner and Developer of parcels near Castlemoor Drive have requested the vacation of original right-of way, drainage, and utility easements on the below listed roadway, plats and documents. There has been an Objection from CenturyLink regarding public utilities in the easement. The vacation is conditioned upon a receipt of No Objection to the Vacation from CenturyLink. MOTION: Move to: •Close the public hearing; and •Adopt the Resolution vacating Right-of-Way and Easements. X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS XII.PETITIONS, REQUESTS, AND COMMUNICATIONS XIII.APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER ANNOTATED AGENDA September 17, 2019 Page 6 C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA SECTION: Proclamations and Presentations DATE: September 17, 2019 DEPARTMENT / DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Donation for Arts in the Park ITEM NO.: IV.B. Requested Action Move to: Adopt the Resolution accepting the donation of $500 from Envy Skin Clinic to go towards the Arts in the Parks. Synopsis Arts in the Park is Eden Prairie’s annual art fair showcasing artwork of all types by local artists and vendors at the beautiful Purgatory Creek Park. This fun free event has live music, hands-on arts activities, lawn games and a pop-up library. Concessions, face painting, henna, and beer/wine are also available for purchase. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of $500 to be used towards Arts in the Park from Envy Skin Clinic is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 17th day of September, 2019. _______________________ Ronald A. Case, Mayor ATTEST: ______________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Proclamations/Presentations DATE September 17, 2019 DEPARTMENT / DIVISION Police Chief Greg Weber ITEM DESCRIPTION Donation for Police Canine ITEM NO. IV.C. Requested Action Move to: Adopt the Resolution accepting the donation of $14,645 from the Eden Prairie Crime Prevention Fund for the purchase of a new police canine. Synopsis Police canines aide in apprehension and capture of criminals in our and neighboring cities. The generous donation from the Eden Prairie Crime Prevention Fund will pay for both the purchase of the new canine as well as the cost of training. Background The Eden Prairie Police Department has a long history of successful use of canine assistance. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift from Eden Prairie Crime Prevention Fund to the City in the amount of $14,645 to be used to fund the purchase of a new police canine is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 17th day of September, 2019. ___________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Kathleen Porta, City Clerk UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, SEPTEMBER 3, 2019 CITY CENTER 5:00 – 6:25 PM, HERITAGE ROOMS 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Mark Freiberg, PG Narayanan, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Police Chief Greg Weber, Lieutenant Matt Sackett, Lieutenant David Becker, Fire Chief Scott Gerber, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose, City Attorney Ric Rosow, and Recorder Kyle Salage. Workshop - Heritage Rooms I and II (5:30) I. POLICE SECURITY AT EVENTS Case called the meeting to order at 5:29 p.m. Getschow noted the issue of security and police presence was raised at the August 13th City Council Meeting. He then introduced Lieutenants Becker and Sackett. Weber stated the Police Department has been able to properly equip and train its staff because of the City and its good budgeting. Becker noted the distinctions between a “mass shooter” and an “active shooter,” noting shootings have been more common in the United States since 2000. He then provided a breakdown of where these shootings are happening, in terms of type of building or location. He defined “vehicle ramming” and indicated it is a term coined by the Federal Bureau of Investigations. Aho inquired as to what threat vectors Police looks at, and what information sources they utilize to assess and anticipate threats. Becker indicated the City gathers information from state and federal authorities. Aho followed up by asking whether these authorities have good intercommunication. Becker indicated communication and collaboration between these authorities has gotten better over the years, but it could still be improved. Part of the difficulty lies in the fact they do not all have a threat or crime analyst on staff. Getschow noted the City’s Law Enforcement Analyst, Ryan Kapaun, often tracks leads through social media. Freiberg asked for “UTV” to be defined. Becker indicated it is a Utility Task Vehicle. Gerber added here are good working relationships between City staff, and this helps us to prepare for events and ensure the right resources are in the right places. Aho asked whether the City still maintains a list of all the places and businesses that may have hazardous materials on site. Gerber indicated this list is still kept and maintained. Becker stated officers at City events would support the use of long guns in a limited capacity. Narayanan asked for clarification as to what a “long gun” is. Becker indicated ITEM VI.A. City Council Workshop Minutes September 3, 2019 Page 2 it is anything larger than a handgun, which can usually be accurate up to 150 yards. Aho inquired as to whether the City has any sniper rifles. Becker indicated that the City’s S.W.A.T. team does have some sniper rifles, but officers normally do not. Weber added snipers are useful for the intelligence they can gather from their vantage points, not necessarily for shooting. Nelson inquired as to whether drones are in use yet. Becker indicated a drone program is in the works for 2020, and there has been collaboration with the Flying Cloud Airport in the process of developing this program. Narayanan asked what the Police response time would be for an incident when there is no existing presence at an event. Weber indicated response would be between three (3) and four (4) minutes, depending on where the event is. Narayanan followed this up by raising the question of what an event sponsor’s responsibility is in terms of providing security or police presence. Weber indicated there is no such required responsibility, but sometimes private entities or sponsors will pay the Police department to have staff on site for events. Case expressed his appreciation for and pride in the work of the City’s Police Department. He noted the comment at the previous Council meeting which raised this Workshop agenda item was not intended to change policy or procedure immediately, but to start a conversation about an important topic. He suggested perhaps setting event attendance thresholds that trigger additional police presence. Some people feel safer when there is an armed presence on site, though long guns may not quite be necessary yet. Weber indicated some cities have such thresholds established in mandate or ordinance form. Aho stated it would be helpful to know what the cost or financial impact of additional Police staffing at events is. He added he is particularly concerned about safety in schools, and suggested a joint meeting between the school district and Police. There are also concerns about crime around the incoming Light Rail Transit stations. Case added private events on private property are not necessarily the City’s concern, but the responsibility of policing an event on the City’s property should fall on the City. Narayanan suggested the Stop the Trafficking 5K run be added to the list of events in the City requiring additional police presence. Weber noted businesses sometimes ask Police to escort out employees being laid off. Nelson asked whether there is a full-time Police officer at the elementary school. Webber indicated there is not, but officers make rounds at the schools throughout the day. The school could choose to have a permanent presence at all five (5) schools if they wished. Case indicated the school district is hesitant to disrupt the learning experience by having visible deterrents such as Police. Freiberg expressed doubt as to whether the school district would be willing to have this conversation. Nelson stated she would like to see the City’s drone program up and running by next year. She then asked for clarification as to whether police presence for presidential candidate events and fundraisers are already included in the budget. Weber indicated they are, and they are staffed by S.W.A.T. team members. Nelson noted she believes bicycle cops are able to appear friendlier at events when used. She asked whether local churches hire Police to staff events when they are not comfortable handling security internally. Weber indicated the churches do, but it is more likely they hire the Police for City Council Workshop Minutes September 3, 2019 Page 3 traffic control than for event security. However, he noted off-duty officers are not required to carry when going to church. Aho stated he would like to see the Council Chambers better secured and protected, and requested information regarding the costs of making such security improvements. Getschow indicated quotes are being acquired, so an update on those costs will be available soon. Narayanan inquired as to whether there are any signs outside City Hall about guns not being permitted on the premises. Nelson indicated state law prevents cities from putting up such notices. Case noted part of the use of the bond recently acquired by Eden Prairie School District is to secure and strengthen the school’s buildings. Case requested ideas for improving Police policy for event security be brought to the Council at a future workshop, with costs of these ideas and options included. Weber noted in regards to City Council meetings, there are additional officers present when it is anticipated one or more of the items could be contested. Getschow stated it will need to be considered how to better allocate resources to make City events on public property safer, not necessarily to add resources. Follow-up will be provided on this at the October 1st meeting. II. POTENTIAL FUTURE ORDINANCE REVISIONS This topic was rescheduled for the October 1st Council Workshop. Open Podium - Council Chamber (6:30) III. OPEN PODIUM IV. ADJOURNMENT Case adjourned the workshop at 6:29 p.m. ITEM VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 3, 2019 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Mark Freiberg, P G Narayanan, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER Mayor Case called the meeting to order at 7:00 PM. All Council Members were present. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. ACCEPT $500 DONATION FROM RENEWAL BY ANDERSEN FOR ARTS IN THE PARK (Resolution No. 2019-91) Lotthammer reported we have received a donation of $500 from Renewal by Andersen for the Arts in the Park program. MOTION: Nelson moved, seconded by Narayanan, to adopt Resolution No. 2019-91 accepting the donation of $500 from Renewal by Andersen to go towards Arts in the Park. Motion carried 5-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Nelson added Item XIV.A.1. MOTION: Narayanan moved, seconded by Freiberg, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES CITY COUNCIL MINUTES September 3, 2019 Page 2 A. COUNCIL WORKSHOP HELD TUESDAY, AUGUST 13, 2019 B. CITY COUNCIL MEETING HELD TUESDAY, AUGUST 13, 2019 MOTION: Narayanan moved, seconded by Freiberg, to approve the minutes of the Council Workshop held Tuesday, August 13, 2019, and the City Council meeting held Tuesday, August 13, 2019, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. ARBY’S by Arc Vision. Site Plan review on 1.15 acres and development agreement (Resolution No. 2019-92 for Site Plan Review) C. ADOPT RESOLUTION NO. 2019-93 APPROVING FINAL PLAT OF CASTLE RIDGE 3RD ADDITION D. ADOPT RESOLUTION NO. 2019-94 APPROVING FINAL PLAT OF SHELDON PLACE E. APPROVE REASONABLE ACCOMODATIONS POLICY F. AUTHORIZE PURCHASE OF A NEW 2020 CHEVROLET TAHOE SPECIAL SERVICE VEHICLE G. APPROVE PURCHASE OF ELECTRONIC ENTRANCE SIGN FOR THE COMMUNITY CENTER H. AUTHORIZE ENTERING INTO SETTLEMENT AGREEMENT AND RELEASE WITH HAMMEL, GREEN AND ABRAHAMSON, INC. I. APPROVE STANDARD AGREEMENT FOR PROFESSIONAL SERVICES WITH BRAUN INTERTEC CORPORATION FOR THE CITY’S NEW DRINKING WATER RESERVOIR AND PUMP STATION J. APPROVE CHANGE ORDER NUMBER 1 TO CONSTRUCTION CONTRACT WITH RICE LAKE CONSTRUCTION GROUP FOR GROUND STORAGE WATER RESERVOIR AND PUMP STATION Freiberg asked for clarification of Item VIII.H. Getschow replied that item is a follow-up to close out the agreement with the architect on final costs for the Community Center aquatics addition. CITY COUNCIL MINUTES September 3, 2019 Page 3 MOTION: Aho moved, seconded by Narayanan, to approve Items A-J on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS / MEETINGS A. HIGHLAND OAKS by Wooddale Builders. Resolution 2019-95 for PUD concept review on 9.73 acres; First reading of an ordinance for PUD District review with waivers and zoning district change from R1-13.5 TO R1-9.5 ON 9.73 acres; Resolution 2019-96 for preliminary plat on 9.73 acres (Ordinance for Zoning District Change; Resolution No. 2019-95 for PUD Concept; Resolution No. 2019-96 for Preliminary Plat) Getschow said Wooddale Builders is requesting approval of a subdivision of a 9.73- acre property into 17 single family lots and 1 outlot. The property is located at 7120 Gerard Drive, west of Sleepy Hollow Lane and north of Roberts Drive. The project proposes the extension of a public street off Gerard Drive providing a cul-de-sac into the project area. There is a second cul-de-sac proposed allowing access to the western most lots. The applicant is proposing villa style homes that offer single level living. The lots range in size from 10,277 square feet to 31,840 square feet, with an average lot size of 15,786 square feet. The proposed density is 1.74 units per acre. The project area also includes an outlot that is proposed to be deeded to the City for preservation of the wetland area. Steve Schwieters, Wooddale Builders, gave a PowerPoint presentation of the project. He noted Wooddale Builders has done a lot of different developments in the City of Eden Prairie, including Creek Knolls and Bearpath. The homes in the Highland Oaks project will range from 3400 to 4000 square feet, and most will have finished basements. He reviewed concerns expressed at the neighborhood meeting regarding the number of trees to be removed for the project, the density, the amount of dirt to be removed, and saving one of the trees. He reported they are working with staff to get approval for grading and to go through the steps required to resolve the issue regarding the legal description of the property. They hope to have that done in 45 days. He reviewed the project layout and displayed proposed elevations of the homes. The homes will be custom designed and built and will be similar to other recent projects they have built in Bloomington in the river bluff area and in Plymouth. All of the homes will have 2-1/2 or 3-car, side-loaded garages, and they have requested a 25-foot setback to accommodate those. Nelson was concerned about the three 55-inch heritage trees that will be removed. She asked Mr. Schwieters to point out the locations of those trees and to explain why they had to be removed. Robert Molstad, project engineer, replied he would look at his maps to locate the trees and report back. Nelson commented a developer who presented recently was putting elevators into multi-story properties and asked if they will consider including elevators. Mr. Schwieters said all of the homes will be custom designed, so elevators would be an CITY COUNCIL MINUTES September 3, 2019 Page 4 option. Nelson then asked if all the homes will have basements, to which Mr. Schwieters replied they will. Aho noted questions were raised by residents regarding water runoff from the project, and asked how the alterations for this development will impact the current situation. Mr. Schwieters replied the project engineer worked with staff to address the drainage issues because there are definite drainage issues in the neighborhood. Aho suggested it would be good for others to hear about the process they went through to address the drainage. Aho pointed out there were concerns from residents regarding traffic, both during and after construction. He asked if there were any traffic studies conducted. Ellis replied traffic studies are usually not done for a small subdivision such as this. Staff generally estimates about ten trips per day for every home added in a project, which will not result in a heavy impact on traffic volumes in this area. Roberts Drive is the main access road in and out of the area, and this project will have two access points going into it. The traffic volume expected for this development is fairly typical for a subdivision, and he did not think the increased traffic will be an issue. Aho noted there is a general lack of storm drainage on Gerard, and in the winter it gets icy going down the hill on that corner. He asked if the City would consider coordinating with this project to try to mitigate the drainage issues. Ellis replied anything south of this project would be a separate issue for the City to address. There may be an opportunity at the entrance point to have a small extension of the storm sewer to help alleviate the spot on Gerard where water pools. Aho stated he has heard generally positive comments about the nature of the development: however, the quantity of houses was a negative aspect. He asked proponent if they looked at the economics of doing fewer lots. Mr. Schwieters explained in most cases the buildings won’t be bigger than 48 x 42 feet, and there will be 36 feet between buildings. The trees will come down, and there is nothing they can do about that. Aho asked Mr. Schwieters to comment on the location and height of the retaining wall. Mr. Schwieters pointed out the location on the site map and explained there will be a two-step wall to make it more attractive. Mr. Molstad said the walls will be 10-12 feet high. Nelson asked if there will be curb and gutter in the development. Mr. Molstad replied there will be. Mr. Molstad reviewed the heritage trees to be removed, noting one would be removed from the infiltration basin, and one would be located too near the home on Lot 6 to save. Nelson said she would like to save the bur oak at least. Mr. Schwieters responded oaks are a very sensitive tree, especially their root system. CITY COUNCIL MINUTES September 3, 2019 Page 5 Mr. Molstad reviewed the water runoff for the site and noted they worked with the Watershed District on the grading for the project. He reviewed the three areas of drainage in the project and said they will not be grading down to the bottom of the ravine. There will be catch basins to collect the water down to Gerard. Aho asked if it was the proponent’s opinion that the proposed drainage will be an improvement over the current situation. Mr. Molstad replied that was correct. Mr. Schwieters further explained all the homes will have full gutters and downspouts to catch water. Some of the drainage will be piped to the storm sewer drain pipe. Narayanan asked if the traffic capacity on the curved street and children playing in that area would create a problem. Ellis replied staff does not see traffic issues because of the curve, and every residential area has the potential for incidents with children playing. Narayanan then asked if there would be a potential for water runoff into neighboring lots during the construction phase and if that could be prevented. Mr. Molstad responded they will set up a temporary basin and expect to be able to manage the runoff quite well. Narayanan asked how long it will take to construct the project and what can be done to mitigate noise during the hours of construction. Mr. Schwieters replied the typical construction time is seven months. He commented his firm has constructed many homes and has done tear-downs in areas such as Edina. They deal with this type of situation every day; furthermore, this project has two cul-de-sacs so construction will be contained within the project. He cautioned they do start work at 7:30 a.m. and may work on Saturday, depending on the time of year and the type of work. Freiberg asked about the elevation of the retaining walls. Mr. Schwieters replied the walls will be very similar to each other. David Ringsmuth, 13166 Beehive Court, said he lives on the south side of the development, and children in the neighborhood have no sidewalks to walk on. He asked if something could be done to increase awareness of the children in the area, perhaps installing a “Children At Play” sign. He noted his backyard is next to the berm, and he believed the pond for this development that does not do anything to improve water drainage in the area. Jennifer Prince, 13190 Beehive Court, said her house is located behind Lots 4, 5 and 6. She believed this development would be a good opportunity to continue the path on the Nine Mile Creek Watershed property. Aho asked Ms Prince if she was referring to the place where path goes due west between Kerry Lane and Sandridge. Ms Prince said there is a path there now, and it would be nice to extend it. Aho questioned who would pay for that since it is not on the proponent’s property. Maria Ringsmuth, 13166 Beehive Court, asked the developer to reduce the development by one home in order to save the bur oak on Lot 6. She also asked the developer to plant the biggest trees possible to help with the drainage situation because trees help to absorb water and will help the drainage in the area. CITY COUNCIL MINUTES September 3, 2019 Page 6 Stephanie Combey, 12965 Gerard Drive, expressed concern about safety of the road because there will be more traffic. There may also be issues with icing near the bus stop on Gerard, especially as more young families move into the area. MOTION: Aho moved, seconded by Nelson, to close the public hearing. Motion carried 5-0. Case reported Council Member Aho and he walked through the neighborhood, and it was clear the big issues were the water, the tree loss, the density and the path. It appears there are pieces of the traffic and water issues that are not connected to this development. People were talking about the issue at the corner of Gerard and Roberts. That intersection is a difficult one and can be difficult to enter at times. There is an issue of speed of traffic through there, and there may be an issue of this development further exacerbating the issue. He would like staff to address that. Ellis suggested it would be good to have staff and the developer looked at extending the storm sewer to that intersection. Case suggested that might be put as a condition of approval. He commented there are about 30 places in the City that ice over quickly, and this is one of those places. It is at the top of a hill and is dangerous. Case commented he does not have an issue with the density. We have projects like this across the City, and ten car trips per household per day will not add a lot of volume. There is no curb and gutter now. Stormwater drainage is an issue, and he would like to have that looked into. When projects like this come up and highlight some of these pre-existing issues, we have an opportunity to discuss them. Case asked if extending the path would require an easement across the Nine Mile Creek Watershed District property. Recent City Councils have always prioritized connecting neighborhoods, and this is an opportunity to connect the trail system. Lotthammer responded additional property would not be needed to add a path on the north side because we own that property and could work with the Watershed District on the project. About 1,000 feet of path would be needed to connect to the existing hard surface path. Staff estimated $150-175,000 to do the project. We do have a master plan that ranks trail linkages such as this. There are other projects ranked higher; however, this connection could be made later. Case asked if that meant nothing would be needed from this project to extend the path. Lotthammer replied we would not need an easement from this developer. Freiberg asked if work cutting around tree No. 142 would affect the life of the tree and if that tree is located behind Lot 4 or 6. Mr. Molstad replied it would affect the tree, and the tree is located behind Lot 6. Freiberg followed up by asking if there is any way to save the tree by shifting the placement of the structure on the lot, knowing there are not many 53 inch oak trees around the City. Mr. Molstad replied they could look at it again and could possibly tailor a custom house to allow more room for the tree. Freiberg stated he would like some serious consideration given to saving that tree. CITY COUNCIL MINUTES September 3, 2019 Page 7 Nelson asked if the homes might be sold to individuals who are not seniors and if they will have any age limitations. Mr. Schwieters expected most of the buyers would be 55 and older; however, kids come home and grandkids visit. He said there would be no age limitations. In response to an earlier suggestion to extend the storm sewer to Gerard, Mr. Molstad explained they met with City staff and determined that fix was not doable because the storm sewer would have to come down too far from Gerard. Aho said it seemed the water issue is one of the largest concern for the residents. The developer is addressing all the water issues on the site and he believed that will improve the water situation for neighbors near the project. There is a water issue on the property at Gerard and Beehive Court where the water runs over the curb and the grass into the garage. He believed the City needs to address the issue, but felt that is not part of this development. He commented there are always concerns about safety and traffic, but he thought that is also outside the purview of this project. He understood some people don’t like the density; however, it is pretty comparable to other developments. He did not want to see a high disparity in density between areas within a neighborhood, but he believed this project is not overly dense. Narayanan requested the developer work with staff to figure out what can be done with concerns about the traffic and the water. The infiltration basin will hold and drain many inches of water, so there should not be a problem with mosquitoes. Case said we can, as a Council, decide we want something, and we can direct staff to do it; however, it is different to say we need to save the trees. We try to save every tree and have done so since 1995; however, we run a risk of trying to save one tree. We don’t know enough about the dynamics of this, but we do trust staff to understand it. He also wanted people to understand what to expect with this project as they begin moving 45,000 cubic yards of sand. Mr. Schwieters said they estimate the shortest time for moving the dirt would be three weeks. MOTION: Aho moved, seconded by Nelson, to adopt Resolution No. 2019-95 for Planned Unit Development concept review on 9.73 acres; to approve the first reading of the ordinance for Planned Unit Development district review with waivers on 9.73 acres and a Zoning District change from R1-13.5 to R1-9.5 on 9.73 acres; to adopt Resolution No. 2019-96 for a preliminary plat of one lot into 17 lots and 1 outlot on 9.73 acres; to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions; and to authorize the issuance of an early land alteration permit for Highland Oaks at the request of the developer, subject to the conditions outlined. Motion carried 5-0. Case summarized the separate issues for staff regarding the intersection of Gerard and Roberts and the options to control water runoff not connected to this project. X. PAYMENT OF CLAIMS CITY COUNCIL MINUTES September 3, 2019 Page 8 MOTION: Narayanan moved, seconded by Freiberg, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, Nelson, and Case voting “aye.” XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Tornado Warnings in City – Council Member Nelson Nelson asked why residents got mixed messages about the tornado warning in the area last night with a warning on their cell phones but with no sirens going off in the City. Parents were especially concerned about the situation because it happened the night before school started. She asked how these warnings could be coordinated. Fire Chief Gerber explained the sirens are controlled by the Hennepin County Communications Center. The National Weather Service can be more specific now so the outdoor warnings do not have to occur throughout the County. There are different phone technologies, different apps, and several different service providers for cell phones. Nelson asked if it would be safe to say we should listen to our local sirens first. Chief Gerber replied those who are outdoors should pay attention to the sirens, but residents should look at all the tools available to make decisions. Freiberg asked if we have proved that all the sirens work. Gerber replied they are tested on a regular basis. B. REPORT OF CITY MANAGER 1. Resolution No. 2019-97 Certifying the Proposed 2020 Property Tax Levy, Accepting the Proposed 2020 Budget, Setting the Date for Public Hearing, and Consenting and Approving the HRA Tax Levy Getschow explained the Council must set the preliminary property tax levy by September 30, 2019. The property values are set for notices to be sent out in November. There will be minor changes throughout the rest of the year until the final levy and budget is approved in December. Property owners will be sent a notice regarding the meeting to set the final budget in December and inviting CITY COUNCIL MINUTES September 3, 2019 Page 9 them to come and make comments on the budget. Tonight the levy needs to be set at $39,621,102, a number that could be lowered but not raised at the December meeting. Getschow explained the general fund levy being proposed will enable the City to meet all the goals set out for the year, all the general delivery of services, and the goals for all of the City departments. He pointed out the impact on property tax is negligible: the proposed budget is a 3.1% increase and the levy is a 3.4% increase. The average in ten similar cities is in the 5-6% range. Case noted in addition to being one of the lowest levies around, it provides the services and tax base the City needs. Over the last few months there have been multiple meetings to produce the proposed budget. A budget begins to be a reflection of our values as a City Council and those of our community. We are doing our best to represent the people of Eden Prairie. He appreciated the time staff has put in to prepare the budget. Nelson commended staff for creating the kind of budget that helps us to provide excellent services for the City with minimal tax increases. It is not a miracle, rather it is just hard work. MOTION: Narayanan moved, seconded by Nelson, to adopt Resolution No. 2019-97 that: certifies the proposed 2020 property tax levy to be $39,621,102; sets December 3, 2019, as the meeting which will include discussion of the budget and provide for public comment; accepts the proposed 2020 budget of $51,610,456; and consents and approves the HRA tax levy of $200,000. Motion carried 5-0. C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Freiberg moved, seconded by Aho, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 8:32 p.m. - 1 - CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: September 17, 2019 DEPARTMENT/DIVISION: Christy Weigel, Police/ Support Unit ITEM DESCRIPTION: Clerk’s License Application List ITEM NO.: VIII.A. These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Move to: Approve the licenses listed below Raffle Organization: Special Olympics Minnesota Place: Eden Prairie High School 17185 Valley View Road Date: October 5, 2019 Organization: Eden Prairie Hockey Association Place: EP Community Center 16700 Valley View Road Date: February 15, 2020 Temporary Liquor Organization: Church of Pax Christi Event: Wine Women & Scripture Date: November 8, 2019 Place: Pax Christi Social Hall 12100 Pioneer Trail New 3.2 Off-Sale Beer License Licensee name: Kowalski’s Uptown Markets, Inc. DBA: Kowalski’s Market 16500 West 78th Street Massage Therapist Nicholas Ryan Anderson Elements Massage 10165 Hennepin Town Road #103 CITY COUNCIL AGENDA SECTION: Consent DATE: 09/17/2019 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah/Beth Novak-Krebs ITEM DESCRIPTION: Park and Open Space Zoning District Change ITEM NO.: VIII.B. Requested Action Move to: Approve the 2nd reading of an Ordinance for a Zoning District Change from Rural, Public, R1-13.5, R1-9.5, RM-6.5, RM-2.5, I-Gen, Office, and Community Commercial to Park and Open Space Zoning District. Synopsis This is the final approval of the proposed zoning district change for City-owned parks and open spaces from their current zoning district to a Parks and Open Space Zoning District. The properties proposed to be rezoned are currently zoned a variety of different zoning districts including Rural, Public, R1-13.5, R1-9.5, RM-6.5, RM-2.5, I-Gen, Office, and Community Commercial. The rezoning to the Parks and Open Space Zoning District will provide for more appropriate and consistent regulations for the City-owned parks and conservation areas and restrict the uses to those related to parks and open spaces. Background The public outreach for this project included a Public Informational Meeting held on June 3 at the Parks, Recreation and Natural Resources Commission, a public hearing before the Planning Commission on July 22, and a public hearing before the City Council on August 13. In addition, maps showing the parcels proposed to be rezoned were provided on the City’s website. Attachments Ordinance for Zoning District Change Ordinance Summary Ordinance Exhibits A and B PARKS AND OPEN SPACE ZONING DISTRICT CHANGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 18-2019___ AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows the rezoning of City-owned parkland in the City from the Rural, Public, R1-13.5, R1-9.5, RM-6.5, RM-2.5, I-Gen, Office, and Community Commercial Zoning Districts to the Parks and Open Space Zoning District. Exhibit A, included with the Ordinance, gives the legal description of the properties. Effective Date: This Ordinance shall take effect upon publication. ATTEST: ___________________________ _____________________________ Kathleen Porta, City Clerk Ronald A. Case, Mayor PUBLISHED in the Eden Prairie News on _______________________, 2019. (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2019 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA REMOVING CETAIN PARCELS OF LAND FROM THEIR EXISTING ZONING DISTIRCT AND PLACING THE PARCELS IN THE PARK AND OPEN SPACE ZONING DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter the “Land”) is legally described in Exhibit A attached AND made a part hereof. Exhibit A identifies the current zoning district for each parcel, the PID number and a legal description. Section 2. That the official Zoning Map of the City of Eden Prairie which identifies the location and boundaries of the Districts established in Chapter 11 of the City Code, is amended to incorporate the Land into the Park and Open Space District as set forth in Exhibit B attached and made a part hereof. Section 3. That action was duly initiated proposing that the Land be removed from their current district and be placed in the Park and Open Space Zoning District. Section 4. The proposal is hereby adopted and the parcels comprising the Land shall be, and hereby are removed from their current district and shall be included in the Park and Open Space Zoning District, and the legal descriptions of the Land in each District referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. Section 5. City Code chapter 1, entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99, “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 13th day of August 2019, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 17th day of September 17, 2019. _________________________________ _________________________________ Kathleen Porta, City Clerk Ronald A. Case, Mayor Published in the Eden Prairie News on the ____ day of ______________, 2019. Park Name Park Address PID's Zoning Legal Description Birch Island Park 6225 Eden Prairie Road 04-116-22-21-0006 Public COM AT A PT IN E LINE OF NW 1/4 DIS 500 FT S FROM THE N LINE THEREOF SAID PT HEREINAFTER REFERRED TO AS PT A TH W TO CTR LINE OF CO ROAD NO 4 TH NELY ALONG SAID CTR LINE 250 4/10 FT TO ACTUAL PT OF BEG TH SELY TO AFORESAID PT A TH S TO NE COR OF S 40 ACRES OF N 1/2 OF NW 1/4 TH W TO CTR LINE OF CO ROAD NO 4 TH NELY ALONG SAID CTR LINE TO BEG EX ROAD - See document #975137 for complete legal description of record Torrens Unplatted 04-116-22-21-0004 Public THAT PART OF S 40 ACRES OF N 1/2 OF NW 1/4 LYING E OF CO ROAD NO 4 AND NLY OF A LINE DESC AS FOLLOWS COM AT A PT IN E LINE OF N 1/2 OF NW 1/4 DIS 92 3/10 FT N FROM SE COR THEREOF TH W PAR WITH S LINE OF SAID N 1/2 OF NW 1/4 TO THE INTERSEC WITH A LINE RUNNING N AT RT ANGLES FROM A PT IN S LINE OF N 1/2 OF NW 1/4 WHERE SAID S LINE INTERSECS THE ELY LINE OF LOT 1 BIRCH ISLAND ACRES TH N ALONG SAID RT ANGLE LINE 27 7/10 FT TH W PAR WITH THE S LINE OF SAID N 1/2 TO THE E LINE OF CO RD NO 4 - See document #975138 for complete legal description of record Torrens Unplatted open space south of park 04-116-22-21-0001 Public THAT PART OF S 92 3/10 FT OF NE 1/4 OF NW 1/4 LYING E OF A LINE RUNNING N AT RT ANGLES FROM THE S LINE OF NE 1/4 OF NW 1/4 FROM THE PT WHERE SAID S LINE INTERSECS THE ELY LINE OF LOT 1 BIRCH ISLAND ACRES - See document #8957035 for complete legal description of record Torrens Unplatted Birch Island Woods 04-116-22-13-0001 Public COM AT A PT ON S LINE OF NE 1/4 WHERE IT IS INTERSECTED BY SLY LINE OF RR R&W TH E 1201 FT TH N 235 FT TH S 70 DEG W 134 7/10 FT TH S 86 DEG 50 MIN W 147 FT TH N 55 DEG 50 MIN W 94 5/10 FT TH N 21 DEG 50 MIN W 68 5/10 FT TO SLY LINE OF OLD R R R&W TH SWLY ALONG SAME 877 FT TO BEG EX ROAD Abstract Unplatted 04-116-22-14-0006 Public THAT PART OF NE 1/4 OF SEC 4 T 116 R 22 DESC AS COM AT SE COR OF SAID SEC 4 TH ON AN ASSUMED BRG OF WEST ALONG S LINE THOF TO A PT DIS 1201.00 FT ELY FROM INTERSECT WITH SELY R/W LINE OF THE TWIN CITIES AND WESTERN RR FORMERLY THE CHICAGO MILWAUKEE ST PAUL AND PACIFIC RR CO TH ON A BRG OF NORTH 235.00 FT TH S 70 DEG W 134.70 FT TH S 86 DEG 50 MIN W 147.00 FT TH N 55 DEG 50 MIN W 94.50 FT TH N 21 DEG 50 MIN W 101.78 FT TH S 63 DEG 18 MIN W 11.96 FT TH SWLY 580.07 FT ALONG A TAN CUR TO THE RIGHT HAVING A RADIUS OF 1910.08 FT AND A CENTRAL ANGLE OF 17 DEG 24 MIN TH S 80 DEG 42 MIN W TAN TO SAID CUR 8.50 FT TO SAID SELY R/W LINE TH NELY ALONG SAID SELY R/W LINE TO C/L OF INDIAN CHIEF RD TH SELY ALONG SAID C/L TO INTERSECT WITH A LINE BRG S 67 DEG 32 MIN 29 SEC W FROM A PT ON E LINE OF SAID NE 1/4 DIST 1081.44 FT SLY FROM ITS INTERSECT WITH SAID SELY R/W LINE OF TWIN CITIES AND WESTERN RR TH N 67 DEG 32 MIN 29 SEC E TO SAID E LINE TH SLY ALONG SAID E LINE 259.06 FT TH S 57 DEG 02 MIN 47 SEC W 73.87 FT TH SELY 669.08 FT ALONG A NON-TAN CUR CONCAVE TO THE SE WITH RADIUS 1382.69 FT CENTRAL ANGLE 27 DEG 43 MIN 31 SEC AND CD BRG S 29 DEG 47 MIN 56 SEC W TO S LINE OF SAID NE 1/4 TH WLY ALONG SAID S LINE TO BEG INCL ADJ PART OF OLD RR R/W NOW ABANDONED EXCEPT ROADS - See document #T05491752 for complete legal description of record Torrens Unplatted Bluffs West 1 10458 Devonshire Place 35-116-22-14-0038 R1-13.5 Outlot G, Bluffs West Bluffs West Bluffs West 2 10292 Edinburgh Circle 35-116-22-12-0083 R1-13.5 Outlot F, Bluffs West Bluffs West Carmel 11610 Tyrell Drive 02-116-22-12-0070 Rural THAT PART OF NW 1/4 OF NE 1/4 WHICH LIES N OF CARMEL FOURTH ADDN AND CARMEL SIXTH ADDN Abstract Unplatted 02-116-22-11-0075 R1-9.5 Outlot B, The Enclave at Old Shady Oak Road Abstract The Enclave at old Shady Oak Road 02-116-22-12-0069 R1-13.5 Park, Carmel Sixth Addition Abstract Carmel Sixth Addition Creekwood 12341 Sunnybrook 23-116-22-34-0005 Rural S 410 05/100 FT OF W 266 85/100 FT OF E 872 35/100 FT OF TRACT F Torrens Registered land Survey No. 0751 Hennepin County MN 23-116-22-34-0009 Rural THAT PART OF TRACT F LYING W OF E 872 35/100 FT THEREOF Torrens Registered land Survey No. 0751 Hennepin County MN open space south of park 26-116-22-21-0004 Public Outlot A, Pax Christi Addition Abstract Pax Christi Addition open space west of park 23-116-22-34-0047 R1-13.5 Outlot A, Purgatory Creek Estates Torrens Purgatory Creek Estates 26-116-22-22-0064 R1-13.5 Outlot A, Creekwood Estates 2nd Addition Torrens Creekwood Estates 2nd Addition 23-116-22-33-0039 R1-13.5 Outlot A, Waters Edge at Purgatory Creek Torrens Waters Edge at Purgatory Creek 26-116-22-22-0090 R1-13.5 Outlot A, Nemec Knolls Abstract Nemec Knolls 23-116-22-33-0025 R1-13.5 Outlot A, Creek View Acres Addition Torrens Creek View Acres Addition EXHIBIT A open space east of park 23-116-22-34-0050 Rural THAT PART OF TRACT F DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE EAST LINE OF TRACT F, A DISTANCE OF 215 FEET NORTH FROM THE SOUTHEAST CORNER THEREOF; THENCE WEST PARALLEL WITH THE SOUTH LINE THEREOF 50 FEET; THENCE NORTH PARALLEL WITH THE EAST LINE THEREOF 156.25 FEET; THENCE WEST PARALLEL WITH THE SOUTH LINE THEREOF 168.5 FEET THEREOF; THENCE SOUTH PARALLEL WITH THE EAST LINE THEREOF TO THE SOUTH LINE OF TRACT F; THENCE WEST ALONG THE SOUTH LINE THEREOF 387 FEET; THENCE NORTH PARALLEL WITH THE EAST LINE THEREOF 410.05 FEET; THENCE EAST PARALLEL WITH THE SOUTH LINE THEREOF 387 FEET; THENCE NORTH PARALLEL WITH THE EAST LINE THEREOF TO A POINT A DISTANCE OF 629.75 FEET NORTH FROM THE SOUTH LINE THEREOF; THENCE EAST PARALLEL WITH THE SOUTH LINE THEREOF 168.5 FEET; THENCE N PARALLEL WITH THE EAST LINE THEREOF TO THE NORTH LINE OF SAID TRACT; THENCE EASTERLY TO THE NORTHEAST CORNER THEREOF; THENCE SOUTH TO BEGINNING. Torrens Registered land Survey No. 0751 Hennepin County MN Crestwood 9780 Dell Road 30-116-22-13-0018 Rural THAT PART OF OUTLOT B LYING S OF N 403 FT THOF - See document #6061190 for complete legal description of record Torrens Crestwood 73 30-116-22-13-0030 Rural THAT PART OF N 403.00 FT OF OUTLOT B DESC AS BEG AT SW COR OF SAID N 403.00 FT TH N 00 DEG 15 MIN 01 SEC E ASSUMED BRG ALONG W LINE THOF DIS 66.21 FT TH N 78 DEG 15 MIN 01 SEC E DIS 14.40 FT TH N 00 DEG 02 MIN 23 SEC E DIS 51.08 FT TH N 78 DEG 15 MIN 01 SEC E DIS 26.69 FT TH S 00 DEG 15 MIN 01 SEC W DIS 126.81 FT TO A PT ON S LINE OF SAID N 403.00 FT TH N 88 DEG 20 MIN 57 SEC W ALONG SAID S LINE DIS 40.01 FT TO PT OF BEG - See document #7777710 for complete legal description of record Torrens Crestwood 73 Eden Valley 16600 Duck Lake Trail 05-116-22-42-0047 Rural OUTLOT A TIMBER CREEK WOODS EXCEPT THAT PART EMBRACED WITHIN TIMBER CREEK WOODS SECOND ADDITION Abstract Timber Creek Woods 05-116-22-42-0049 R1-13.5 THAT PART OF GOVT LOT 5 LYING W OF MOST WLY LINE OF TIMBER CREEK WOODS AND ITS NLY EXTS AND N OF DUCK LAKE TR AND E OF ELY LINE OF BLK 1 COUNTRY VISTA AND S OF A LINE WHICH PASSES THROUGH TH SE COR OF LOT 31 SAID BLK 1 AND IS PERPENDICULAR TO ELY LINE OF SAID BLK 1 Abstract Unplatted 05-116-22-13-0083 Rural Outlot A, Timber Creek Woods Second Addition Abstract Timber Creek Woods Second Addition 05-116-22-42-0048 R1-13.5 THAT PART OF GOVT LOT 5 LYING W OF MOST WLY LINE OF TIMBER CREEK WOODS AND ITS NLY EXTS AND E OF ELY LINE OF BLK 1 COUNTRY VISTA AND N OF A LINE WHICH PASSES THROUGH TH NE COR OF LOT 9 SAID BLK 1 AND IS PERPENDICT- ULAR TO ELY LINE OF SAID BLK 1 Abstract Unplatted Edenvale 7200 Edenvale Boulevard 09-116-22-24-0003 Rural Outlot J, Edenvale 3rd Addition Both Edenvale 3rd Addition 09-116-22-21-0019 RM-6.5 Outlot C, Edenvale 5th Addition Both Edenvale 5th Addition Edenvale Conservation Area 09-116-22-21-0026 Public Outlot F, Hillcrest Courts Second Addition Torrens Hillcrest Courts Second Addition 09-116-22-21-0025 Public Outlot E, Hillcrest Courts Second Addition Torrens Hillcrest Courts Second Addition 09-116-22-24-0009 Rural THAT PART OF SW 1/4 OF NW 1/4 LYING N OF S 600 FT OF EXCEPT PART PLATTED AS PRAIRIE KNOLL ALSO BEG AT NW CORAS PRAIRIE KNOLL ALSO BEG AT NW COR OF SE 1/4 OF NW 1/4 TH E TO CTR LINE OF PURGATORY CREEK TH SLY ALONG SAID CTR LINE TO S LINE OF SE 1/4 OF NW 1/4 TH W TO A PT 600 FT E FROM SW COR THOF TH N 400 FT TH W 600 FT TH N TO BEG EXCEPT ROAD - See document #1015418 for complete legal description of record Torrens Unplatted 09-116-22-24-0008 R1-9.5 Outlot B, Prairie Knoll Torrens Prairie Knoll 09-116-22-24-0007 R1-9.5 Outlot A, Prairie Knoll Torrens Prairie Knoll 09-116-22-22-0001 Rural THAT PART OF N 1/2 OF NW 1/4 LYING WLY OF PURGATORY CREEK AND S OF N 930 FT THOF - See document #1205133 for complete legal description of record Torrens Unplatted 09-116-22-21-0024 Public Outlot D, Hillcrest Courts Second Addition Torrens Hillcrest Courts Second Addition 09-116-22-22-0026 Public Outlot C, Hillcrest Courts Second Addition Torrens Hillcrest Courts Second Addition 09-116-22-22-0025 Public Outlot B, Hillcrest Courts Second Addition Torrens Hillcrest Courts Second Addition 08-116-22-11-0028 R1-22 Outlot 1, Hillcrest Courts Torrens Hillcrest Courts 08-116-22-14-0023 Rural Outlot 1, Edenwood Ridge Torrens Edenwood Ridge Edgewood 6950 Edenvale Boulevard 04-116-22-34-0001 Rural Outlot G, Edenvale 3rd Addition Torrens Edenvale 3rd Addition 04-116-22-34-0048 R1-13.5 Outlot A, Tamarac Woods Torrens Tamarac Woods 04-116-22-34-0070 R1-13.5 Lot 1, Block 1, Edenvale 14th Addition Torrens Edenvale 14th Addition open space west of Edgewood 04-116-22-33-0017 R1-13.5 Outlot A, Edenvale Highlands Torrens Edenvale Highlands 04-116-22-33-0008 R1-22 Outlot A, The Bluffs at Purgatory Creek Torrens The Bluffs at Purgatory Creek 09-116-22-22-0024 R1-22 Outlot A, Hillcrest Courts Second Addition Torrens Hillcrest Courts Second Addition 05-116-22-44-0020 R1-22 Outlot 1, Alpine Estates Abstract Alpine Estates 08-116-22-11-0060 R1-22 Lot 3, Block 4, Hillcrest Courts 3rd Addition Abstract Hillcrest Courts 3rd Addition 04-116-22-34-0091 R1-13.5 Outlot A, Massee Addition Torrens Massee Addition Franlo 10245 Franlo 36-116-22-12-0037 Rural Outlot J, Bluffs East Fourth Addition Abstract Bluffs East Fourth Addition Hidden Ponds 18300 Twilight Trail 07-116-22-13-0026 R1-13.5 OUTLOTS E AND F AND THAT PART OF OUTLOT D LYING NELY OF A LINE RUN SELY AT R/A WITH THE NWLY LINE THOF THROUGH A PT ON SAID NWLY LINE DIST 355 FT NELY FROM MOST WLY COR THOF - See document #1386213 for complete legal description of record Torrens Hidden Ponds Second Addition water tower 07-116-22-24-0048 R1-13.5 THAT PART OF OUTLOT D HIDDEN PONDS SECOND ADDN LYING SWLY OF A LINE RUN SELY AT R/A WITH THE NWLY LINE OF OUTLOT D THROUGH A POINT ON SAID NWLY LINE A DIS OF 355 FT NELY FROM THE MOST WLY COR OF OUTLOT D - See document #1177010 for complete legal description of record Torrens Hidden Ponds Second Addition Water tower 07-116-22-31-0010 R1-13.5 Outlot E, Autumn Woods 1st Addition Abstract Autumn Woods 1st Addition open space north 07-116-22-24-0050 R1-13.5 Outlot B, Hidden Ponds Second Addition Torrens Hidden Ponds Second Addition 07-116-22-13-0012 R1-13.5 Outlot C, Hidden Ponds Second Addition Torrens Hidden Ponds Second Addition open space west of dell 07-116-22-24-0049 R1-13.5 Outlot A, Hidden Ponds Second Addition Torrens Hidden Ponds Second Addition 07-116-22-24-0047 R1-13.5 Outlot G, Hidden Ponds Second Addition Torrens Hidden Ponds Second Addition 07-116-22-31-0009 R1-13.5 Outlot D, Autumn Woods 1st Addition Abstract Autumn Woods 1st Addition 07-116-22-31-0007 R1-13.5 Outlot C, Rymarland Camp 2nd Addition Torrens Rymarland Camp 2nd Addition 07-116-22-32-0044 R1-13.5 Outlot B, Rymarland Camp 2nd Addition Torrens Rymarland Camp 2nd Addition 07-116-22-31-0008 R1-13.5 Outlot C, Autumn Woods 1st Addition Abstract Autumn Woods 1st Addition 07-116-22-32-0049 R1-9.5 Outlot B, Autumn Woods 1st Addition Abstract Autumn Woods 1st Addition 07-116-22-31-0011 R1-13.5 Outlot F, Autumn Woods 1st Addition Abstract Autumn Woods 1st Addition 06-116-22-43-0026 R1-13.5 Outlot 1, Bellhurst Addition Torrens Bellhurst Addition 07-116-22-12-0077 R1-13.5 Outlot A, Hidden Ponds Torrens Hidden Ponds 07-116-22-12-0078 R1-13.5 Outlot B, Hidden Ponds Torrens Hidden Ponds High Trail Estates 6608 168th Ave. West 05-116-22-31-0032 R1-13.5 Lot 26, Block 1, High Trails Estate Abstract High Trails Estate Holasek Hill 6395 Pinnacle Drive 03-116-22-12-0445 Rural/Community Com Outlot C, Crosstown Racquet Club Abstract Crosstown Racquet Club Homeward Hills 12000 Silverwood Drive 26-116-22-34-0036 R1-13.5 Outlot A, Bluffs West Second Addition Abstract Bluffs West Second Addition 26-116-22-31-0030 Rural THAT PART OF SW 1/4 DESC AS BEG AT MOST NLY COR OF OUTLOT A BLUFFS WEST SECOND ADDN TH N 0 DEG 23 MIN 57 SEC W ALONG NLY EXTS OF E LINE THOF DIST 28.8 FT TO S LINE OF N 1/2 OF NE 1/4 OF SW 1/4 TH S 89 DEG 35 MIN 47 SEC W ALONG SAID S LINE DIST 1617.28 FT TH S 36 DEG 57 MIN 43 SEC E DIST 1056.29 FT TH N 61 DEG 44 MIN 37 SEC E DIST 140 FT TO MOST WLY COR OF SAID OUT- LOT A TH N 48 DEG 29 MIN 13 SEC E ALONG NWLY LINE OF SAID OUTLOT A DIST 1147.15 FT TO PT OF BEG Abstract Unplatted Open space north of park 26-116-22-31-0028 R1-13.5 Lot 13, Block 4 Hillsborough Second Addition ---- THAT PART OF LOT 13 DESC AS COM AT MOST NLY COR THOF TH S 49 DEG 39 MIN 22 SEC W ALONG NWLY LINE THOF DIST 234.54 FT TO PT OF BEG TH S 7 DEG 55 MIN 46 SEC E DIST 62.96 FT TH S 24 DEG 54 MIN 22 SEC E DIST 64.18 FT TH S 75 DEG 52 MIN 02 SEC E DIST 39.03 FT TO ANGLE PT ON S LINE OF LOT 13 TH WLY TO SW COR THOF TH NLY 114 FT TO A COR OF LOT 13 TH NELY TO BEG Abstract Hillsborough Second Addition 26-116-22-31-0027 R1-13.5 Outlot A, Hillsborough Second Addition Abstract Hillsborough Second Addition 26-116-22-32-0023 Rural Outlot A, The Tree Farm Abstract The Tree Farm Miller 8208 Eden Prairie Road 17-116-22-42-0001 Rural THAT PART OF N 1/2 OF SE 1/4 LYING NWLY OF RR R/W EX ROAD Abstract Unplatted 17-116-22-31-0002 Rural THAT PART OF GOVT LOT 4 SEC 17 T 116 R 22 LYING E OF A LINE 1605 FT E FROM AND PAR WITH THE W LINE OF GOVT LOT 5 SAID SEC 17 ALSO THAT PART OF THE SE 1/4 OF THE SW 1/4 OF SAID SEC 17 LYING N OF THE 1106.7 FT THOF AND LYING E OF A LINE 1605 FT E FROM AND PAR WITH THE W LINE OF GOVT LOT 5 Abstract Unplatted 17-116-22-31-0003 Rural THAT PART OF GOVT LOT 5 SEC 17 T 116 R 22 LYING E OF THE W 1195 FT THOF AND N OF THE S 1106.7 FT THOF ALSO THAT PART OF THE SE 1/4 OF THE SW 1/4 OF SAID SEC 17 LYING N OF THE S 1106.7 FT THOF AND LYING W OF A LINE PAR WITH AND 1605 FT E FROM THE W LINE OF SAID GOVT LOT 5 ALSO THAT PART OF GOVT LOT 4 SAID SEC 17 LYING W OF A LINE PAR WITH AND 1605 FT E FROM THE W LINE OF SAID GOVT LOT 5 Abstract Unplatted 17-116-22-32-0004 Rural THE E 710 FT OF THE W 1195 FT OF THAT PART OF GOVT LOT 5 SEC 17 T 116 R 22 LYING N OF THE S 1106.7 FT THOF Abstract Unplatted 17-116-22-32-0002 Rural THAT PART OF W 485 FT OF GOVT LOT 5 LYING N OF S 1106.7 FT THOF Abstract Unplatted 17-116-22-23-0020 R1-13.5 Outlot A, Shores of Mitchell Lake 5th Addition Torrens Shores of Mitchell Lake 5th Addition Nesbitt 8641 Center Way 24-116-22-22-0019 Rural Outlot H, Northmark Second Addition Abstract Northmark Second Addition 24-116-22-21-0063 Rural Outlot B, Basswood Terrace Abstract Basswood Terrace Overlook 9514 Grey Widgeon Way 27-116-22-11-0041 RM-6.5 Outlot A, Overlook Place Abstract Overlook place open space north of park 27-116-22-11-0027 Rural Outlot A, Yorkshire Point Both Yorkshire Point Pheasant Woods 8420 Mitchell Road 16-116-22-44-0032 Rural THAT PART OF THE SE 1/4 OF SE 1/4 LYING N OF THE S 33 FT THOF AND LYING ELY OF THE E LINE AND ITS SLY EXT OF VILLAGE WOODS FIRST ADDN EXCEPT ROAD Abstract Unplatted open space to west and north of park16-116-22-41-0151 RM-6.5 Outlot A, Hipp's Mitchell Heights Fourth Addition Torrens Hipp's Mitchell Heights Fourth Addition 16-116-22-44-0031 Public Park, Village Woods First Addition Abstract Village Woods First Addition 16-116-22-44-0046 R1-13.5 Park, Village Woods Second Addition Abstract Village Woods First Addition 16-116-22-44-0057 R1-13.5 Outlot E, Pheasant Oaks Torrens Pheasant Oaks 16-116-22-41-0059 R1-13.5 Outlot C, Hipp's Mitchell Heights Second Addition Torrens Hipp's Mitchell Heights Second Addition Pioneer Park 8940 Sutton Drive 20-116-22-14-0006 Rural THAT PART OF SE 1/4 OF NE 1/4 LYING SLY OF FAIRFIELD OF EDEN PRAIRIE EX S 300 FT OF E 615 FT THOF SUBJECT TO ROAD Abstract Unplatted open space west and north 20-116-22-13-0035 R1-13.5 Outlot A, Cedar Ridge Estates Torrens Cedar Ridge Estates 20-116-22-14-0037 R1-13.5 Outlot C, Fairfield of Eden Prairie Abstract Fairfield of Eden Prairie 20-116-22-13-0036 R1-13.5 Outlot B, Cedar Ridge Estates Torrens Cedar Ridge Estates 20-116-22-12-0081 R1-9.5 Outlot A, Fairfield of Eden Prairie 3rd Addition Abstract Fairfield of Eden Prairie 3rd Addition Prairie East 10379 Balsam Way 25-116-22-42-0034 R1-13.5 Park, Prairie East Fourth Addition Torrens Prairie East Fourth Addition 25-116-22-42-0115 Rural/RM-6.5 Outlot A, Prairie East Fourth Addition Torrens Prairie East Fourth Addition open space to the south 25-116-22-42-0133 Rural Outlot A, Woodland Ponds of Eden Prairie Torrens Woodland Ponds of Eden Prairie Purgatory Creek 13001 Technology Drive 15-116-22-14-0003 Rural THAT PART OF E 1/2 OF NE 1/4 OF SEC 15 AND OF W 1/2 OF NW 1/4 OF SEC 14 AND OF OUTLOT A FLAGSHIP ADDN DESC AS COM AT NELY COR OF SAID OUTLOT A TH ON AN ASSUMED BEARING OF N 55 DEG 52 MIN 37 SEC W ALONG SWLY LINE OF PRAIRIE CENTER DR 175.71 FT TO ACTUAL PT OF BEG TH S 34 DEG 07 MIN 23 SEC W 600 FT TH N 53 DEG 09 MIN 57 SEC W 453.53 FT TH N 44 DEG 04 MIN 04 SEC E 600 FT TO SWLY LINE OF PRAIRIE CENTER DR TO SELY ALONG SWLY LINE THOF TO BEG Abstract Unplatted open space around the creek 15-116-22-14-0004 Rural THAT PART OF SE 1/4 OF NE 1/4 DESC AS COM AR NE COR THOF TH ON AN ASSUMED BEARING OF S 0 DEG 51 MIN 48 SEC E ALONG E LINE THOF 438.67 FT TO ACTUAL PT OF BEG TH N 55 DEG 58 MIN W 97.95 FT TH N 53 DEG 09 MIN 57 SEC W 453.53 FT TH S 89 DEG 48 MIN 12 SEC W TO W LINE OF SE 1/4 OF NE 1/4 TH S TO SW COR THOF TH E ALONG S LINE THOF TO A PT 99 FT W FROM SE COR THOF TH NELY TO A PT ON E LINE THOF DIS 33 FT N FROM SE COR THOF TH N TO BEG Abstract Unplatted 14-116-22-23-0017 Office Outlot A, Flagship 2nd Addition Both Flagship 2nd Addition 14-116-22-32-0315 RM-6.5 Outlot A, Columbine Road Addition Torrens Columbine Road Addition 15-116-22-41-0001 Rural NE1/4 of the SE 1/4 Torrens Unplatted 14-116-22-33-0019 Rural Outlot B, Fountain Place Apartments Torrens Fountain Place Apartments 15-116-22-44-0005 Rural Outlot A, Fountain Place Apartments Torrens Fountain Place Apartments 15-116-22-43-0026 Rural THAT PART OF SW 1/4 OF SE 1/4 LYING NELY AND NLY OF THE PLAT OF PINEBROOK Abstract Unplatted 15-116-22-42-0029 Rural Outlot F, Windsong Two Torrens Windsong Two 15-116-22-42-0028 Rural Outlot E, Windsong Two Torrens Windsong Two 15-116-22-31-0026 RM-6.5 Outlot D, Mitchell Village Addition Abstract Mitchell Village Addition along creek south of park 15-116-22-43-0025 RM-6.5 Outlot D, Pinebrook Abstract Pinebrook 22-116-22-12-0038 Rural Outlot D, Westover Woods Torrens Westover Woods 22-116-22-12-0036 Rural Outlot B, Westover Woods Torrens Westover Woods 15-116-22-43-0024 RM-6.5 Outlot C, Pinebrook Abstract Pinebrook 14-116-22-32-0315 RM-6.5 Outlot A, Columbine Road Addition Torrens Columbine Road Addition 14-116-22-32-0316 RM-6.5 Outlot B, Columbine Road Addition Torrens Columbine Road Addition 15-116-22-14-0001 Rural COM AT SE COR OF NE 1/4 TH W 99 FT ALONG THE S LINE THEREOF TH NELY TO A PT IN THE E LINE THEREOF DIS 33 FT N FROM BEG TH S TO BEG Abstract Unplatted Right-of-way along Technology Drive No PID Rural That part the West one-half of the Northeast Quarter of Section 15, Township 116 North, Range 22 West, and that part of the East Half of the Northeast Quarter of Section 15, Township 116 North, Range 22 West, Hennepin County, as described in that certain Quit Claim Deed from the State of Minnesota as Grantor to the City of Eden Prairie as Grantee, dated April 28, 2006, recorded on May 30, 2006 as Document No. 4265373 in the Office of the Registrar of Titles Hennepin County and recorded as Document No. 8804541 in the Office of the County Recorder Hennepin County. Red Rock Lake 15416 Boulder Pointe Road 21-116-22-13-0008 R1-13.5 Park, Boulder Point Abstract Boulder Pointe Rice Marsh Lake 18266 Erin Bay 18-116-22-42-0002 Rural Outlot D, Hawthorne of Eden Prairie Abstract Hawthorne of Eden Prairie 18-116-22-41-0004 Rural Outlot C, Hawthorne of Eden Prairie Abstract Hawthorne of Eden Prairie open space north and west of park 18-116-22-23-0003 R1-13.5 Outlot D, Windfield Addition Torrens Windfield Addition 18-116-22-31-0024 R1-13.5 Outlot B, Windfield Addition Torrens Windfield Addition 18-116-22-42-0004 Rural Outlot F, Hawthorne of Eden Prairie Abstract Hawthorne of Eden Prairie open space east of Dell 18-116-22-41-0025 R1-9.5 Outlot B, Hawthorne Carriage Homes Abstract Hawthorne Carriage Homes Riley Lake Park 9180 Riley Lake Road 19-116-22-31-0006 Rural Outlot AA, Bearpath Addition Abstract Bearpath Addition 19-116-22-31-0007 Rural Outlot BB, Bearpath Addition Abstract Bearpath Addition 19-116-22-42-0008 Rural THAT PART OF NW 1/4 OF SE 1/4 AND OF GOVT LOT 2 DESC AS BEG AT SW COR OF NW 1/4 OF SE 1/4 TH ON AN ASSUMED BEARING OF S 88 DEG 35 MIN 36 SEC E ALONG S LINE THOF 558.31 FT TO NWLY LINE OF CHICAGO NORTHWESTERN RR R/W TH N 43 DEG 59 MIN 58 SEC E ALONG SAID R/W 51.88 FT TO W LINE OF E 23.8 ACRES OF NW 1/4 OF SE 1/4 TH N 0 DEG 09 MIN 48 SEC E ALONG SAID W LINE 1027 FT TH N TH N 89 DEG 50 MIN 12 SEC W 605.22 FT TO W LINE OF NW 1/4 OF SE 1/4 TH S 71 DEG 14 MIN 30 SEC W TO SHORE OF LAKE RILEY TH SELY ALONG SAID SHORE TO S LINE OF GOVT LOT 2 TH E TO BEG ALSO THAT PART OF GOVT LOT 3 LYING WLY OF CHICAGO NORTHWEST ERN RR R/W AND N OF A LINE RUNNING DUE E AND W THROUGH A PT ON CTR LINE OF RILEY LAKE RD DIST 321.6 FT NLY AS MEAS ALONG SAID CTR LINE FROM NWLY LINE OF SAID RR R/W EXCEPT PART PLATTED AS BEARPATH SECOND ADDN ALSO EXCEPT ROAD Abstract Unplatted 19-116-22-42-0004 Rural Outlot X, Bearpath Addition Abstract Bearpath Addition 19-116-22-43-0008 Rural Outlot D, Bearpath Addition Both Bearpath Addition 19-116-22-34-0004 Rural COM AT A PT IN THE CTR LINE OF TOWN ROAD DIS 321 6&10 FT NLY FROM ITS INTERSEC WITH THE NWLY LINE OF M AND ST L RY R&W TH DUE W 33 FT TO SHORE OF RILEY LAKE TH NLY ALONG SAID SHORE LINE 50 3&10 FT TH DUE E 339 7&10 FT TO SAID R&W LINE TH SWLY ALONG SAID R&W LINE 67 9&10 FT TH DUE W TO BEG AND THE N 10 FT OF THE FOL DESC TRACT COM AT A PT IN THE CTR LINE OF TOWN ROAD DIS 221 6&10 FT NLY FROM ITS INTERSEC WITH THE NWLY LINE OF M AND ST L RY R&W TH DUE W 38 FT TO SHORE OF RILEY LAKE TH NLY ALONG SAID SHORE LINE DIS 101 FT TH DUE E 301 2&10 FT TO SAID R&W LINE TH SWLY ALONG SAID R&W LINE 135 8&10 FT TH DUE W TO BEG EX ROAD Abstract Unplatted 19-116-22-34-0005 Rural THAT PART OF COM AT A PT IN THE CTR LINE OF TOWN ROAD DIS 221 6&10 FT NLY FROM ITS INTERSEC WITH THE NWLY LINE OF M AND ST L RY R&W TH DUE W 38 FT TO SHORE OF RILEY LAKE TH NLY ALONG SHORE LINE DIS 101 FT TH DUE E 301 2&10 FT TO SAID R&W LINE TH SWLY ALONG SAID R&W LINE 135 8&10 FT TH DUE W TO BEG LYING S OF THE N 10 FT THEREOF EX ROAD Abstract Unplatted 19-116-22-34-0003 Rural COM AT THE INTERSEC OF THE CTR LINE OF TOWN ROAD WITH THE NLY LINE OF M AND ST L RY TH NLY ALONG SAID CTR LINE 96 6&10 FT TH DUE W TO THE SHORE OF LAKE RILEY TH NLY ALONG SAID SHORE LINE 130 3&10 FT TH E TO NWLY LINE OF SAID R&W TH SWLY TO BEG EX ROAD Abstract Unplatted 19-116-22-34-0002 Rural COM AT THE INTERSEC OF THE CTR LINE OF TOWN ROAD WITH THE NLY LINE OF M AND ST L RY TH NLY ALONG SAID CTR LINE 96 6&10 FT TH DUE W TO THE SHORE OF LAKE RILEY TH SLY ALONG SAID SHORE LINE TO A PT DUE W FROM BEG TH E TO BEG EX ROAD Abstract Unplatted 19-116-22-34-0007 Rural COM AT INTERSEC OF NLY LINE OF M AND ST L RR R&W WITH CTR LINE OF COUNTY ROAD TH SWLY ALONG NLY LINE OF RR TO SHORE OF LAKE TH NLY ALONG SHORE OF LAKE TO A PT DUE W FROM BEG TH E TO BEG Abstract Unplatted 19-116-22-34-0009 Rural Outlot E, Bearpath Addition Abstract Bearpath Addition 19-116-22-31-0005 Rural Outlot Z, Bearpath Addition Abstract Bearpath Addition Round Lake 16691 Valley View Road 08-116-22-42-0012 Rural and Public THAT PART OF THE SW 1/4 OF THE NW 1/4, THE SE1/4 OF THE NW 1/4, THE SW 1/4 OF THE NE 1/4, NW 1/4 OF THE SW 1/4, THE NE 1/4 OF THE SW 1/4 AND THE NW 1/4 OF THE SE 1/4 OF SECTION 8 LYING EAST AND SOUTH OF THE PLAT OF LORENCE THIRD ADDITION, LYING EAST OF THE PLAT OF LORENCE SECOND ADDITION, AND LYING NORTH AND EAST OF THE PLAT OF ROUND LAKE ESTATES 2ND ADDITION, LYING NORTH OF THE PLAT OF LAKE TRAIL ESTATES, AND THE PLAT OF KIRK MEADOWS, LYING WEST OF EDEN PRAIRIE ROAD, AND LYING SOUTH OF THE SOUTH CURB LINE OF VALLEY VIEW ROAD FROM EDEN PRAIRIE ROAD TO THE WEST LINE OF THE SW 1/4 OF THE NW 1/4 OF SECTION 8, APPROXIMATLEY 2,790 FEET WEST OF EDEN PRAIRIE ROAD. Both Undeveloped open space to Mitchell Marsh 08-116-22-32-0069 R1-13.5 Park 2, Round Lake Estates 2nd Addition Torrens Round Lake Estates 2nd Addition 08-116-22-32-0070 R1-13.5 Park 3, Round Lake Estates 2nd Addition Torrens Round Lake Estates 2nd Addition 07-116-22-41-0018 R1-13.5 Outlot C, The Ridge Abstract The Ridge 07-116-22-41-0017 R1-13.5 Outlot B, The Ridge Abstract The Ridge 08-116-22-23-0062 R1-13.5 Outlot A, Lorence Second Addition Lorence Second Addition Rustic Hills 17465 Rustic Hills Drive 05-116-22-23-0053 Rural Outlot A, Woodlawn Heights Torrens Woodlawn Heights Edenbrook Conservation Area 6655 Dell Road 05-116-22-23-0007 Rural Lot1, Block 2, Valley Knolls Addition Torrens Valley Knolls Addition 05-116-22-23-0026 Rural Outlot A, Sunset Trails Estates Abstract Sunset Trails Estates 06-116-22-14-0002 Rural E 1/2 of the SE 1/4 of the NE 1/4 Torrens Unplatted 06-116-22-41-0038 R1-13.5 Outlot A, The Farm abstract The Farm 06-116-22-11-0054 R1-13.5 Outlot B, Markham Knolls Addition Abstract Markham Knolls Addition 06-116-22-14-0007 R1-13.5 Outlot C, Markham Knolls Addition Abstract Markham Knolls Addition 06-116-22-14-0001 RM-6.5 SW 1/4 of the SE 1/4 of the NE 1/4 Abstract Unplatted 06-116-22-41-0045 Public Outlot A, The Farm 2nd Addition Abstract The Farm 2nd Addition 06-116-22-41-0055 R1-13.5 Outlot A, Grand Haven at Marsh Cove Abstract Grand Haven at Marsh Cove 06-116-22-12-0018 Rural Outlot A, Wyndham Nob Abstract Wyndham Nob 06-116-22-13-0019 Rural Outlot A, Wyndham Crest Abstract Wyndham Crest 06-116-22-13-0001 RM-6.5 S 1/2 of the SW 1/4 of the NE 1/4 Abstract Unplatted 06-116-22-42-0001 R1-13.5/RM-6.5 NW 1/4 OF SE 1/4 AND THAT PART OF THE W 1/2 OF SW 1/4 OF SE 1/4 LYING NLY OF BELLHURST ADDN - See document #1491072 for complete legal description of record Torrens Unplatted 06-116-22-43-0055 R1-13.5 Outlot A, Edenborough Torrens Edenborough 06-116-22-21-0073 R1-13.5 Outlot A, Wyndham Nob 2nd Addition Abstract Wyndham Nob 2nd Addition 06-116-22-24-0047 R1-13.5 Outlot A, Wyndham Knoll Abstract Wyndham Knoll 06-116-22-31-0098 R1-9.5 Outlot A, Dellwood Torrens Dellwood 06-116-22-34-0002 RM-6.5, Rural, R1-13.5 COM AT THE MOST WLY COR OF BELLHURST ADDN TH N 35 DEG 57 MIN W ALONG THE CTR LINE OF TOWN ROAD A DIS OF 150 FT TH N 52 DEG 33 MIN E A DIS OF 240 FT TH N 35 DEG 57 MIN W A DIS OF 130 FT TH S 52 DEG 33 MIN W A DIS OF 240 FT TO CTR LINE OF TOWN ROAD TH NWLY ALONG CTR LINE OF SAID ROAD TO ITS INTERSECTION WITH A LINE RUNNING FROM A PT IN N LINE OF S 1/2 OF SW 1/4 DIS 1273 6/10 FT E FROM NW COR THEREOF TO A PT IN S LINE THEREOF DIS 1273 69/100 FT E FROM SW COR THEREOF TH N ALONG SAID LINE TO N LINE OF S 1/2 OF SW 1/4 TH E TO NE COR THEREOF TH S ALONG E LINE THEREOF TO N LINE OF BELLHURST ADDN TH WLY SLY AND WLY ALONG NLY AND WLY LINE OF SAID ADDN TO PT OF BEG EX ROAD - See document #1491071 for complete legal description of record Torrens Unplatted 06-116-22-21-0075 R1-13.5 Outlot B, Wyndham Nob 2nd Addition Abstract Wyndham Nob 2nd Addiiton 06-116-22-21-0074 R1-13.5 Outlot C, Wyndham Nob 2nd Addition Abstract Wyndham Nob 2nd Addiiton 06-116-22-11-0022 R1-13.5 Outlot A, Edenbrook Abstract Edenbrook 06-116-22-34-0049 Rural Outlot A, Maple Knoll Abstract Maple Knoll 06-116-22-13-0020 R1-13.5 Outlot B, Wyndham Crest Abstract Wyndham Crest 05-116-22-23-0006 R1-22 Lot 5, Block 2 Sunset Ridge Torrens Sunset Ridge 06-116-22-31-0100 Rural Outlot C, Dellwood Torrens Dellwood 06-116-22-31-0099 R1-9.5 Outlot B, Dellwood Torrens Dellwood 06-116-22-33-0051 R1-13.5 Park 2, Maple Leaf Acres 2nd Addition Abstract Maple Leaf Acres 2nd Addition 06-116-22-33-0024 R1-13.5 Park 1, Maple Leaf Acres 2nd Addition Abstract Maple Leaf Acres 2nd Addition 06-116-22-33-0094 R1-13.5 Outlot A, Saint Edwards Field Saint Edwards Field Smentana Lake Park 7620 Smentana Lane 12-116-22-34-0014 Rural Outlot C, Liberty Place Torrens Liberty Place open space around lake 12-116-22-44-0004 Industrial -(I-2)THAT PART OF THE E 400 FT OF SE 1/4 OF SE 1/4 LYING S OF PORTNOY\'S ADDN EX ROAD Abstract Unplatted 12-116-22-43-0009 Rural Outlot B, Technology Park 4th Addition Abstract Technology Park 4th Addition 12-116-22-43-0004 Rural Outlot D, Golden Strip East Abstract Golden Strip East 12-116-22-43-0012 Industrial - (I-2)Outlot B, Technology Park 5th Addition Abstract Technology Park 5th Addition 12-116-22-43-0010 Rural Outlot A, Golden Strip East Abstract Golden Strip East 13-116-22-12-0008 Office Outlot A, Golden Strip East 2nd Addition Abstract Golden Strip East 2nd Addition 12-116-22-33-0006 Public Outlot C, Golden Strip Abstract Golden Strip 12-116-22-33-0105 RM-2.5 Outlot A, Reallife Valley View Cooperative of Eden Prairie Abstract Reallife Valley View Cooperative of Eden Prairie 12-116-22-33-0008 Rural Outlot A, Portnoy's 3rd Addition Abstract Portnoy's 3rd Addition Nine Mile Creek Cons. Area 12-116-22-31-0021 Rural Outlot A, Liberty Place Torrens Liberty Place 12-116-22-31-0022 Rural Outlot D, Liberty Place Torens Liberty Place 12-116-22-31-0018 Industrial - (I-2)Outlot B, Technology Park 8th Addition Abstract Technology Park 8th Addition 12-116-22-24-0002 Rural COM AT SW COR OF SE 1/4 OF NW 1/4 TH E 347 16/100 FT TH N 37 DEG E 391 33/100 FT TH N 52 DEG E 150 FT TH N 38 DEG W 326 48/100 FT TO AN INTERSEC WITH A LINE RUNNING FROM A PT IN E LINE OF N 1/2 OF SE 1/4 OF NW 1/4 DIS 21 FT N FROM SE COR THOF TO A PT 14 5/10 N FROM S LINE AND 112 FT E FROM W LINE OF N 1/2 OF SW 1/4 OF NW 1/4 SAID PT OF INTERSEC BEING THE ACTUAL PT OF BEG TH S 38 DEG E 326 48/100 FT TH DEFLECT LEFT 12 DEG 30 MIN 31 SEC TO THE CTR LINE OF CO ROAD NO 39 TH SWLY ALONG SAID CTR LINE TO THE S LINE OF SE 1/4 OF NW 1/4 TH E TO SE COR THOF TH N TO A PT 21 FT N FROM SE COR OF N 1/2 OF SE 1/4 OF NW 1/4 TH WLY TO BEG EX ROAD Abstract Unplatted 12-116-22-13-0011 Rural Outlot A, Edenwoods Business Center Abstract Edenwoods Business Center Staring Lake Park 14800 Pioneer Trail 27-116-22-22-0005 Rural THAT PART OF TRACT B LYING IN SECTION 27 AND LYING W OF A LINE RUN FROM A POINT ON THE SWLY LINE OF TRACT B A DIS OF 410 FT NWLY FROM THE MOST SLY COR OF SAID TRACT B TO AN ANGLE POINT IN THE BOUNDARIES OF TRACT B WHICH IS 425.5 FT WLY FROM THE MOST ELY COR OF TRACT B Torrens Registered Land Survey No. 1085 22-116-22-33-0002 Rural THAT PART OF TRACTS A AND B LYING IN SEC 22 T 116 R 22 Torrens Registered Land Survey No. 1085 27-116-22-22-0002 Rural THAT PART OF TRACT A IN SEC 27 T 116 R 22 EX ROAD Torrens Registered Land Survey No. 1085 28-116-22-11-0002 Rural THAT PART OF NE 1/4 OF NE 1/4 LYING NLY OF ROAD -See document #4539520 for complete legal description of record Torrens Unplatted 21-116-22-44-0002 Rural BEG AT SE COR OF GOVT LOT 1 TH W ALONG S LINE THOF TO CTR LINE OF CO ROAD NO 1 TH NWLY ALONG SAID CTR LINE TO W LINE OF GOVT LOT 1 TH N ALONG THE W LINE OF SAID GOVT LOT 1 TO NWLY LINE OF TOWN ROAD TH N 32 DEG 52 MIN E ALONG SAID NWLY ROAD LINE DIS 220 45/100 FT TH NWLY TO A PT ON THE W LINE OF SAID GOVT LOT 1 DIS 271 36/100 FT N FROM NWLY LINE OF TOWN ROAD TH N TO NW COR OF GOVT LOT 1 TH E ALONG N LINE THOF TO SHORE OF STARRING LAKE TH SELY ALONG SAID SHORE LINE TO E LINE THOF TH S TO BEG EX ROADS - See document #4594994 for complete legal description of record Torrens Unplatted 21-116-22-43-0002 Rural COM ON E LINE OF SW 1&4 OF SE 1&4 AT INTERSEC OF CTY ROAD NO 1 TH NW ALONG ROAD TO CTR OF MITCHELL ROAD TH NE ALONG SAID ROAD TO E LINE OF SW 1&4 OF SE 1&4 TH S TO BEG EX ROAD - See document #4594994 for complete legal description of record Torrens Unplatted 21-116-22-41-0003 Rural COM AT INTERSEC OF S LINE OF GOVT LOT 2 AND CTR LINE OF MITCHELL RD TH NLY ALONG CTR LINE 425 32&100 FT TH S 89 DEG 23 MIN 30 SEC E TO SHORE OF STARRING LAKE TH SLY ALONG SAID SHORE TO S LINE OF GOVT LOT 2 TH W TO BEG EX ROAD Abstract Unplatted 21-116-22-41-0007 Rural COM AT A PT IN THE CTR LINE OF MITCHELL ROAD 658 98/100 FT SWLY FROM ITS INTERSEC WITH THE N LINE OF GOVT LOT 2 TH CONT SWLY ALONG SAID CTR LINE TO A PT 425 32/100 FT NELY FROM ITS INTERSEC WITH S LINE OF LOT 2 TH S 89 DEG 23 MIN 30 SEC E TO THE SHORE OF STARLING LAKE TH NLY ALONG SAID SHORE LINE TO AN INTERSEC WITH A LINE BEARING S 61 DEG 33 MIN 30 SEC E FROM PT OF BEG TH N 61 DEG 33 MIN 30 SEC W TO BEG EX ROAD Abstract Unplatted 21-116-22-41-0006 Rural COM AT A PT IN THE CTR LINE OF MITCHELL ROAD 314 17/100 FT SWLY FROM ITS INTERSEC WITH THE N LINE OF GOVT LOT 2 TH CONT SWLY ALONG SAID CTR LINE 344 81/100 FT TH S 61 DEG 33 MIN 40 SEC E TO SHORE OF STARLING LAKE TH NELY ALONG SAID SHORE LINE TO AN INTERSEC WITH A LINE BEARING S 54 DEG 30 MIN E FROM THE PT OF BEG TH N 54 DEG 30 MIN W TO BEG EX ROAD Abstract Unplatted 21-116-22-41-0005 Rural THAT PART OF GOVT LOT 2 LYING E OF MITCHELL ROAD AND NLY OF A LINE BEARING S 54 DEG 30 MIN E FROM A PT IN THE CTR LINE OF SAID ROAD 314 17/100 FT SWLY FROM N LINE OF LOT 2 EX ROAD Abstract Unplatted 21-116-22-14-0004 Rural Outlot A, Boulder Pointe Abstract Boulder Pointe 22-116-22-23-0002 Rural THAT PART OF W 264 91/100 FT OF GOVT LOT 5 LYING S OF ROAD - See document #965918 for complete legal description of record Torrens Unplatted 22-116-22-23-0005 Rural COM AT A PT IN W LINE OF GOVT LOT 5 DIS 813 9/10 FT N FROM SW COR THOF TH E PAR WITH S LINE THOF 555 FT TH 52 DEG 45 MIN E 400 FT TH S 6 DEG 20 MIN E TO THE CTR LINE OF RESEARCH ROAD SAID PT BEING THE ACTUAL PT OF BEG TH CONT S 6 DEG 20 MIN E TO SHORE OF LAKE TH WLY ALONG LAKE SHORE TO E LINE OF W 264 91/100 FT OF GOVT LOT 5 TH N TO CTR LINE OF SAID ROAD TH NELY ALONG SAID CTR LINE TO BEG EX ROAD Torrens Unplatted 22-116-22-23-0010 Rural COM AT A PT IN N LINE OF GOVT LOT 5 DIS 466 85/100 FT S FROM NW COR THOF TH E 555 FT TH S 2 DEG 45 MIN E 400 FT TH S 6 DEG 20 MIN E 83 5/10 FT TO THE CTR LINE OF CO RD NO 2 TH ELY ALONG SAID CTR LINE 150.6 FT TO THE ACTUAL PT OF BEG TH S 6 DEG 20 MIN E TO THE SHORE OF STARRING LAKE TH ELY ALONG SAID SHORE LINE TO THE E LINE OF GOVT LOT 5 TH N ALONG SAID E LINE TO THE CTR LINE OF CO RD NO 2 TH WLY ALONG SAID CTR LINE TO BEG EX ROAD Abstract Unplatted 22-116-22-24-0002 Rural THAT PART OF GOVT LOT 4 LYING S OF ROAD AND W OF E 270 FT THOF Abstract Unplatted Outdoor center 22-116-22-31-0001 Rural THAT PART OF GOVT LOT 3 LYING W OF THE N AND S CTR LINE OF SEC Abstract Unplatted 22-116-22-24-0001 Rural COM AT A PT IN S LINE OF GOVT LOT 4 DIS 77 1&2 FT W FROM SE COR THEREOF TH NLY TO THE CTR LINE OF ROAD ALONG A LINE WHICH IF EXTENDED WOULD INTERSECT THE NW COR OF NE 1&4 TH SWLY 231 8&10 FT ALONG SAID ROAD LINE TH SLY TO A PT IN THE S LINE OF LOT 4 DIS 192 1&2 FT W FROM BEG TH E TO BEG EX ROAD Abstract Unplatted 22-116-22-24-0003 Rural COM AT SE COR OF NW 1/4 TH W 77 5/10 FT TH NLY TO THE CTR LINE OF ROAD ALONG A LINE WHICH IF EXTENDED WOULD INTERSEC THE NE COR OF NW 1/4 TH ELY ALONG SAID CTR LINE TO THE E LINE OF NW 1/4 TH S TO BEG EX ROAD - See document #1028595 for complete legal description of record Torrens Unplatted 22-116-22-13-0001 Rural COM AT A PT IN THE W LINE OF NE 1&4 DIS 2106 1&10 FT S FROM NW CORNER THEREOF TH N 64 DEG 40 MIN E 117 1&10 FT TH S 8 DEG 38 MIN E 167 4&10 FT TH S 19 DEG 26 MIN W 163 8&10 FT TH S 40 DEG 10 MIN W 118 6&10 FT TO A PT IN THE W LINE OF NE 1&4 DIS 360 6&10 FT S FROM BEG TH N TO BEG Abstract Unplatted 22-116-22-13-0062 RM-6.5 Outlot B, Staring Lake Clubs Courts and Villages Torrens Staring Lake Clubs Courts and Villages 27-116-22-12-0005 Rural THAT TRACT OF LAND LYING IN SEC 27 T 116 R 22 HENNEPIN COUNTY MINN MORE PARTICULARLY DESCRIBED AS FOLLOWS COM AT THE NE COR OF THE NE 1/4 OF SAID SECTION 27 TH N 89 DEG 34 MIN 17 SEC W ASSUMED BEARING ALONG THE N LINE OF SAID NE 1/4 A DIS OF 990 FT TO THE PT OF BEG TH S 0 DEG 33 MIN 59 SEC W PAR WITH THE E LINE OF SAID NE 1/4 A DIS 737.21 FT TH N 83 DEG 11 MIN 30 SEC W A DIS OF 932.45 FT TO AN INTERSEC WITH A LINE PAR WITH AND 21 1/3 RODS ELY OF A LINE RUNNING FROM A PT IN THE N LINE OF SAID NE 1/4 DIS 17 RODS E OF THE NW COR THOF TO A PT IN THE S LINE OF THE NW 1/4 OF THE SE 1/4 DIS 41 RODS E OF THE SW COR THOF TH N 4 DEG 34 MIN 48 SEC W ALONG THE LAST ABOVE DES PAR LINE A DIS OF 636.06 FT TO THE N LINE OF SAID NE 1/4 TH ELY ALONG SAID N LINE A DIS OF 983.98 FT TO THE PT OF BEG Abstract Unplatted 27-116-22-12-0002 Rural COM AT A PT IN N LINE OF NW 1/4 OF NE 1/4 DIS 280 5/10 FT E FROM NW COR THOF TH SELY 666 9/100 FT ALONG A LINE WHICH IF PRODUCED WOULD INTERSECT S LINE OF NW 1/4 OF SE 1/4 DIS 39 RODS W FROM SE COR THOF TH NELY AT RT ANGLES 352 FT TH NWLY AT RT ANGLES TO N LINE OF NW 1/4 OF NE 1/4 TH W TO BEG Abstract Unplatted 27-116-22-21-0001 Rural E 1/2 OF GOVT LOT 1 EXCEPT THAT PART LYING NELY OF A LINE RUNNNG FROM A PT ON E LINE THOF DIS 50 FT S FROM NE COR THOF TO A PT ON N LINE THOF DIS 100FT W FROM NE COR THOF AND EX ROAD Abstract Unplatted 22-116-22-34-0001 Rural COM AT SE COR OF LOT 1 TH W 53 R TH N TO N BOUNDARY OF LOT 1 TH E ALONG N BOUNDARY TO E LINE OF LOT 1 TH S TO BEG Abstract Unplatted Sterling Field 17800 Sterling Terrace 06-116-22-44-0039 R1-22 Public Playground, Sterling Field Torrens Sterling Field Topview 7231 Gerard Drive 11-116-22-22-0014 R1-22 Lot 14, Block 1, Topview Acres 3rd Addition Torrens Topview Acres 3rd Addition 11-116-22-22-0015 R1-22 Lot 15, Block 1, Topview Acres 3rd Addition Torrens Topview Acres 3rd Addition Willow 7402 Butterscotch Road 10-116-22-42-0012 RM-6.5 Park, Valley View Manor Homes Torrens Valley View Manor Homes 10-116-22-42-0004 Rural THAT PART OF E 330 FT OF NW 1/4 OF SE 1/4 LYING NLY OF FOL DESC LINE COM AT NELY COR OF RLS NO 1354 TH N 2 DEG 50 MIN 38 SEC E ALONG ELY LINE OF NW 1/4 OF SE 1/4 DIST 897 FT TO PT OF BEG OF LINE BEING DESC TH S 49 DEG 38 MIN 56 SEC W DIS 870.59 FT AND THERE TERMINATING - See document #1500177 for complete legal description of record Torrens Unplatted 10-116-22-42-0005 Rural THAT PART OF NW 1/4 OF SE 1/4 LYING W OF E 330 FT THOF AND NLY OF FOL DESC LINE COM AT NELY COR OF RLS NO 1354 TH N 2 DEG 50 MIN 38 SEC E ALONG ELY LINE OF NW 1/4 OF SE 1/4 DIST 897 FT TO PT OF BEG OF LINE BEING DESC TH S 49 DEG 38 MIN 56 SEC W DIST 870.59 FT TH N 63 DEG 19 MIN 31 SEC W DIS 738 FT TO W LINE THOF AND THERE TERMINATING Torrens Unplatted open space east of park 10-116-22-41-0020 Rural Outlot A, Prairie Crossroads Corporate Center Abstract Prairie Crossroads Corporate Center open space west and north of park 10-116-22-31-0004 Rural Outlot A, Edenvale 4th Addition Torrens Edenvale 4th Additon 10-116-22-13-0082 R1-9.5 Park, Valley Curve Abstract Valley Curve Wyndham Knoll 6525 Dell Road 06-116-22-24-0049 R1-13.5 Outlot C, Wyndham Knoll Abstract Wyndham Knoll open space east of park 06-116-22-24-0048 R1-13.5 Outlot B, Wyndham Knoll Abstract Wyndham Knoll Cardinal Creek 12828 Gerard Drive 10-116-22-12-0055 R1-13.5 Outlot C, Arbor Glen Abstract Arbor Glen 03-116-22-43-0050 R1-13.5 Outlot E, Cardinal Creek Torrens Cardinal Creek 10-116-22-12-0053 R1-13.5 Outlot A, Arbor Glen Abstract Arbor Glen 03-116-22-43-0049 R1-13.5 Outlot D, Cardinal Creek Torrens Cardinal Creek 03-116-22-44-0028 R1-13.5 Outlot C, Cardinal Creek 2nd Addition Torrens Cardinal Creek 2nd Addition 10-116-22-11-0058 R1-22 Outlot A, Oak Hollow Woods Torrens Oak Hollow Woods 10-116-22-11-0051 R1-22 OUTLOT C HEDQUIST ADDN AND ALL THAT PART OF FOL DESC PARCEL: THAT PART OF NE 1/4 OF SEC 10 T 116 R 22 DESC AS BEG AT NE COR OF SAID NE 1/4 TH ON AN ASSUMED BRG OF S ALONG E LINE THOF 841.63 FT TH N 71 DEG 30 MIN W 284.70 FT TH NLY TO A PT ON N LINE OF SAID NE 1/4 DIS 270 FT W FROM PT OF BEG TN E TO BEG WHICH LIES NLY OF A LINE DESC AS FOL COM AT NE COR OF SAID NE 1/4 TH S ALONG E LINE THOF 238.15 FT TO ACTUAL PT OF BEG TH N 62 DEG O2 MIN 40 SEC W DIS 174.17 FT TH N 79 DEG 30 MIN 27 SEC W TO W LINE OF ABOVE DESC PART OF NE 1/4 AND THERE TERMINATING ALSO THE W 50 FT OF FIRST DESC PART OF SAID NE 1/4 WHICH LIES SLY OF LAST DESC LINE ALSO THAT PART OF LOT 3 BLK 1 TOPVIEW ACRES 3RD ADDN LYING NLY OF FOL DESC LINE BEG AT A PT ON ELY LINE OF SAID LOT 3 DIS 228.39 FT SELY FROM MOST NLY COR THOF TH NWLY TO A PT ON W LINE OF LOT 3 DIS 148.15 FT SLY FROM SAID MOST NLY COR AND THERE TERMINATING - See document #2588217 for complete legal description of record Torrens Hedquist Addition 03-116-22-44-0027 R1-13.5 Outlot B, Cardinal Creek 2nd Addition Torrens Cardinal Creek 2nd Addition 03-116-22-44-0047 RM-6.5 Outlot C, Cardinal Creek 3rd Addition Torrens Cardinal Creek 3rd Addition 03-116-22-41-0006 R1-13.5 Outlot A, Cardinal Creek 2nd Addition Torrens Cardinal Creek 2nd Addition 03-116-22-41-0011 Rural Outlot A, Cardinal Creek 3rd Addition Torrens Cardinal Creek 3rd Addition 03-116-22-41-0052 Rural/R1-13.5 Outlot A, Cardinal Hills Torrens Cardinal Hills 03-116-22-42-0017 R1-13.5 Outlot A, Cardinal Creek Torrens Cardinal Creek 02-116-22-33-0001 Rural THAT PART OF GOVT LOT 5 LYING S OF N 12 RODS AND SWLY OF STATE HWY 393 EX HWY - See document #1057736 for complete legal description of record Torrens Unplatted 03-116-22-41-0053 Rural Outlot B, Cardinal Hills Torrens Cardinal Hills 03-116-22-42-0022 R1-13.5 Lot 3, Block 2, Cardinal Creek - THE ELY 10FT OF LOT 3, BLK 2 Cardinal Creek Torrens Cardinal Creek James A. Brown Cons. Area 11449 Landing Road 35-116-22-24-0062 R1-9.5 Outlot C, The Bluff at Riverview Torrens The Bluff at Riverview 35-116-22-42-0001 Rural THAT PART OF GOVT LOT 3 LYING S OF REG LAND SURVEY NO 547 AND REG LAND SURVEY NO 600 AND THAT PART OF GOVT LOT 4 LYING W OF THE E 667 3&10 FT THEREOF AND S OF REG LAND SURVEY NO 547 AND RLS NO 601 - See document #3267719 for complete legal description of record Torrens Unplatted 35-116-22-41-0018 R1-13.5 Outlot C, Schlampps Walnut Ridge Abstract Schlampps Walnut Ridge 36-116-22-33-0001 Rural Outlot C, Bell Oaks Estates 4th Addition Abstract Bell Oaks 4th Addition Lower Purgatory Creek Cons. Area 36-116-22-13-0072 R1-22 That part of lots 1 and 2 block 3 Creek Knolls lying south of the north line of the south 27.25 feet thereof and lying easterly of a line described as commencing at the southeast corner of said lot 2 thence south 88 degrees 54 minutes 38 seconds west along the south line therof a distance of 109.33 feet to the point of beginning of line thence north 13 degrees 45 minutes 49 seconds east a distance of 177.38 feet to the north line of lot 2 and there terminating also outlot A Bluffs East 10th Addition and outlot A Creek Knolls except that part platted as Bluffs East Fourth Addition and except that part platted as lot 1 block 1 and lot 1 block 2 Bluffs East 10th Addition also except that part of said outlot A lying northwesterly and northeasterly of a line described as beginning at the southwest corner of outlot E Bluffs East 10th Addition thence south 74 degrees 19 minutes 42 seconds west assumed bearing along the extension of the south line ofb said outlot E a distance of 76.69 feet thence north 23 degrees 00 minutes 00 seconds west a distance of 152.62 feet to the south line of said lot 7 block 2 Creek Knolls and there terminating also except that part of said outlot A lying southeasterly and easterly of a line described as beginning at the southwest corner of outlot E Bluffs East 10th Addition thence south 73 degrees 57 minutes 33 seconds west assumed bearing along the extension of the south line of said outlot E a distance of 76.69 feet thence south 22 degrees 07 minutes 01 seconds east a distance of 72.73 feet thence shoth 28 degrees 56 minutes 11 seconds E a distance of 35.75 feet thence south 51 degrees 55 minutes 44 seconds east a distance of 89.51 feet to a point on the east line of outlot A distant 27.25 feet north as measured perpendicular to the south line of lot 1 block 3 Creek Knolls Abstract Creek Knolls 36-116-22-24-0029 Rural Outlot E, Bell Oaks First Addition Abstract Bell Oaks First Addition 36-116-22-24-0030 Rural Outlot F, Bell Oaks First Addition Abstract Bell Oaks First Addition 36-116-22-21-0031 Rural Outlot C, Bluffs East Fourth Addition Abstract Bluffs East Fourth Addition 36-116-22-22-0009 Rural Outlot B, Bluffs East Fourth Addition Torrens Bluffs East Fourth Addition 36-116-22-22-0026 R1-13.5 Outlot A, Bluffs West Sixth Addition Torrens Bluffs West Sixth Addition 25-116-22-33-0051 Rural Outlot A, Bluffs East Fourth Addition Anstract Bluffs East Fourth Addition 36-116-22-22-0008 R1-13.5 OUTLOT I EXCEPT THAT PART EMBRACED WITHIN THE SW 1/4 OF SEC 25 - See document #1371280 for complete legal description of record Torrens Bluffs West 25-116-22-33-0055 R1-13.5 Outlot A, Bluesten Hills 3rd Addition Abstract Bluestem Hills 3rd Addition 25-116-22-33-0050 Rural Outlot E, Bluesten Hills 1st Addition Abstract Bluestem Hills 1st Addition 25-116-22-33-0003 rural THAT PART OF OUTLOT I EMBRACED WITHIN THE SW 1/4 OF SEC 25 Abstract Bluffs West 26-116-22-44-0028 R1-13.5 Outlot A, Bluffs West Fourth Addition Torrens Bluffs West Fourth Addition 26-116-22-44-0057 R1-13.5 Outlot A, Bluestem Hills 5th Addition Torrens Bluestem Hills 5th Addition 26-116-22-44-0008 R1-13.5 OUTLOT D EXCEPT THAT PART EMBRACED WITHIN THE SW 1/4 OF SE 1/4 OF SEC 26 - See document #1371280 for complete legal description of record Torrens Bluffs West 26-116-22-44-0058 R1-13.5 Outlot B, Bluestem Hills 5th Addition Torrens Bluestem Hills 5th Addition 26-116-22-43-0031 R1-13.5 Outlot A, Bluffs West 7th Addition Abstract Bluffs West 7th Addition 26-116-22-43-0058 R1-13.5 Outlot B, Village Knolls Abstract Village Knolls 35-116-22-12-0088 R1-13.5 Outlot C, Village Knolls Torrens Village Knolls 26-116-22-42-0041 R1-13.5 Outlot A, Bluffs West 9th Addition Abstract Bluffs West 9th Addition 26-116-22-42-0042 R1-13.5 Outlot B, Bluffs West 9th Addition Abstract Bluffs West 9th Addition 26-116-22-42-0037 R1-13.5 Outlot A, Hillsborough Abstract Hillsborough 26-116-22-42-0002 R1-13.5 Outlot A, Bluffs West Abstract Bluffs West 26-116-22-41-0034 R1-13.5 Outlot A subject to Highway, Creekview Estates Abstract Creekview Estates 26-116-22-14-0059 RM-6.5 Outlot A, Entrevaux Torren Entraveaux 26-116-22-42-0056 R1-13.5 Outlot A, Village Knolls 2nd Addition Abstract Village Knolls 2nd Addition 25-116-22-33-0086 R1-13.5 Outlot A, Bluffs East Fifth Addition Abstract Bluffs East Fifth Addition 26-116-22-14-0061 R1-13.5 Outlot C, Entrevaux Both Entrevaux 26-116-22-14-0060 R1-13.5 Outlot B, Entrevaux Torrens Entrevaux 26-116-22-12-0010 Rural Outlot C, Welter Purgatory Acres 1st Addition Toreens Welter Purgatory Acres 1st Addition 23-116-22-43-0059 R1-13.5 Outlot A, Welter Purgatory Acres 6th Addition Torrens Welter Purgatory Acres 6th Addition 26-116-22-21-0005 Public Outlot B, Pax Christi Addition Abstract Pax Christi Addition Mitchell Marsh No address 07-116-22-41-0016 Rural Outlot A, The Ridge Abstract The Ridge 07-116-22-41-0065 Rural OutlotA, Donnays Round Lake Estates Abstract Donnays Round Lake Estates 07-116-22-42-0086 Rural/R1-13.5 Outlot A, The Ridge 2nd Addition Abstract The Ridge 2nd Addition 07-116-22-43-0069 RM-6.5 Outlot A, Summerfield Abstract Summerfield Prairie Bluff Conservation Area 10092 Indigo Drive 29-116-22-44-0025 Rural TRACT E RLS NO 655 ALSO THAT PART OF E 1/2 OF SE 1/4 OF SEC 29 T 116 R 22 WHICH LIES ELY OF CO RD NO 4 AND NLY OF SAID TRACT E RLS NO 655 Both Registered land Survey No. 0655 Hennepin County 28-116-22-33-0005 Rural Tract B, subject to highway - See document #2591357 for complete legal description of record Torrens Registered land Survey No. 1667 Hennepin Co 28-116-22-43-0008 Rural Outlot C, Eden Bluff Highlands Torrens Eden Bluff Highlands 28-116-22-34-0103 RM-6.5 Outlot I, Eagle Ridge at Hennepin Village Four Torrens Eagle Ridge at Hennepin Village Four Red Rock Conservation Area 15440 Village Woods Drive 16-116-22-34-0005 R1-13.5 Park 3, Red Rock Hills 1st Addition Torrens Red Rock Hills 1st Addition 21-116-22-12-0002 R1-13.5 Outlot D, Pheasant Oaks Both Pheasant Oaks 21-116-22-12-0051 R1-13.5 Outlot F, Boulder Pointe Abstract Boulder Pointe Richard T. Anderson Conservation Area18700 Flying Cloud Drive 30-116-22-32-0025 R1-13.5 Outlot A, Settlers Ridge 5th Addition Abstract Settlers Ridge 5th Addition 30-116-22-33-0002 Rural THAT PART OF S 1/2 OF SW 1/4 OF SEC 30 AND OF GOVT LOT 7 OF SEC 31 DESC AS BEG AT NW COR OF SW 1/4 OF SW 1/4 OF SEC 30 TH E TO NE COR THOF TH S 0 DEG 29 MIN 40 SEC E ALONG E LINE THOF 77 FT TH N 84 DEG 33 MIN 53 SEC E 336.63 FT TH S 52 DEG 50 MIN 20 SEC E 210 FT TH S 20 DEG 29 MIN 38 SEC W 1017 18 FT TH S 69 DEG 30 MIN 22 SEC E 220.77 FT TH S 3 DEG 36 MIN 17 SEC E 403.73 FT TO CTR LINE OF STATE HWY NO 169 TH WLY ALONG SAID CTR LINE TO W LINE OF SEC 31 TH N TO BEG EX HWY Abstract Unplatted 30-116-22-34-0002 Rural THAT PART OF SE 1/4 OF SW 1/4 OF SEC 30 AND OF GOVT LOT 7 OF SEC 31 DESC AS BEG AT NW COR OF SAID SE 1/4 OF SW 1/4 TH S 0 DEG 29 MIN 40 SEC E ALONG W LINE THOF 77 FT TH N 84 DEG 33 MIN 53 SEC E 336.63 FT TH S 52 DEG 50 MIN 20 SEC E 210 FT TH S 20 DEG 29 MIN 38 SEC W 1017.18 FT TH S 69 DEG 30 MIN 22 SEC E 220.77 FT TH S 3 DEG 36 MIN 17 SEC E 403.73 FT TO CTR LINE OF STATE HWY NO 169 TH NELY ALONG SAID CTR LINE TO S LINE OF SAID SE 1/4 OF SW 1/4 TH E TO SE COR THOF TH N TO NE COR THOF TH W TO BEG EXCEPT PART PLATTED AS SETTLERS RIDGE AND EXCEPT HWY Abstract Unplatted 30-116-22-43-0005 Rural THAT PART OF W 1/2 OF SW 1/4 OF SE 1/4 OF SEC 30 T 116 R 22 WHICH LIES NLY OF STATE HWY NO 169 AND WHICH LIES SLY OF FOL DESC LINE AND ITS EXT COM AT NW COR OF SE 1/4 OF SW 1/4 OF SAID SEC 30 TH ON AN ASSUMED BRG OF S 0 DEG 29 MIN 40 SEC E ALONG W LINE THOF DIS 77 FT TH N 84 DEG 33 MIN 53 SEC E DIS 336.63 FT TH S 52 DEG 50 MIN 20 SEC E DIS 382.42 FT TH N 84 DEG 34 MIN 46 SEC E DIS 618.87 FT TO ACTUAL PT OF BEG OF LINE TO BE DESC TH S 82 DEG 27 MIN 55 SEC E DIS 481.29 FT TH N 57 DEG 23 MIN 44 SEC E DIS 160.3 FT TH N 4 DEG 30 MIN 10 SEC E TO N LINE OF SAID W 1/2 OF SW 1/4 OF SE 1/4 TH E ALONG SAID N LINE TO NE COR THOF AND THERE TERMINATING Abstract Unplatted 30-116-22-43-0018 Rural Outlot B, subject to Highway, Meadowcroft Abstract Meadowcroft 30-116-22-34-0011 R1-13.5 Outlot C, Settlers Ridge 4th Addition Abstract Settlers Ridge 4th Addition 30-116-22-31-0053 R1-13.5 Outlot B, Settlers Ridge Abstract Settlers Ridge Riley Creek Conservation Area 9795 Canopy Trail 29-116-22-32-0004 Rural THAT PART OF S 1/2 OF NW 1/4 OF SW 1/4 LYING E OF W 240 FT THOF - See document #2592345 for complete legal description of record Torrens Unplatted 29-116-22-32-0001 Rural N 1/2 OF NW 1/4 OF SW 1/4 - See document #2622550 for complete legal description of record Torrens Unplatted 29-116-22-31-0009 Rural Outlot A, Cedar Hills West Abstract Cedar Hills West 29-116-22-24-0015 R1-13.5 Outlot D, Oakparke Estates 3rd Addition Abstract Oakparke Estates 3rd Addition 29-116-22-31-0018 R1-13.5 Outlot A, The Ridge at Riley Creek 3rd Additon Abstract The Ridge at Riley Creek 3rd Addition 29-116-22-24-0048 R1-13.5 Outlot A, The Ridge at Riley Creek Abstract The Ridge at Riley Creek 29-116-22-24-0019 R1-13.5 Outlot B, Oakparke Estates 4th Addition Abstract Oakparke Estates 4th Addition 29-116-22-21-0030 Public Outlots A and B, Cedar Forest First Addition Abstract Cedar Forest First Addition 29-116-22-21-0051 R1-13.5 Outlot A, Braxton Woods 2nd Addition Abstract Braxton Woods 2nd Addition 29-116-22-23-0062 R1-13.5 Lot 6, Block 9, Oakparke Estates 2nd Addition Abstract Oakparke estates 2nd Addition Timber Creek Conservation Area 6395 Ginger Drive 04-116-22-23-0041 R1-22 Outlot 4 Ex Road Torrens Eden View 2nd Addition 05-116-22-14-0062 Rural Outlot A, Timber Creek North Abstract Timber Creek North 05-116-22-11-0069 R1-13.5 Outlot B, Timber Creek North Abstract Timber Creek North 05-116-22-11-0070 R1-13.5 Outlot C, Timber Creek North Abstract Timber Creek North 05-116-22-12-0037 R1-13.5 Outlot C, Chatham Wood Abstract Chatham Wood 05-116-22-12-0036 R1-13.5 THAT PART OF OUTLOT B LYING IN THE NW 1/4 OF NE 1/4 SEC 5 T 116 R 22 Abstract Chatham Wood 05-116-22-21-0045 R1-13.5 THAT PART OF OUTLOT B LYING IN THE NE 1/4 OF NW 1/4 SEC 5 T 116 R 22 Abstract Chatham Wood 05-116-22-21-0046 R1-13.5 Outlot D, Chatham Wood Abstract Chatham Wood 05-116-22-12-0035 R1-13.5 /Rural Outlot A, Chatham Wood, Except: That part of the unplatted portion of the East 300 feet of the North 580.80 feet of the West Half of the Northwest Quarter of the Northeast Quarter of Section 5, Township 116, Range 22 and that part of Outlot A, Chatham Wood, lying northerly of the following described line: Comencing at the northwest corner of said East 300 feet of the north 580.80 feet; thence South 00 degrees, 35 minutes, 42 seconds East along the west line of said East 300 feet a distance of 195.00 feet to the point of beginning of the line to be described; thence South 42 degrees, 17 minutes, 13 seconds East a distance of 451.04 feet to the east line of said West Half of the Northwest Quarter of the Northeast Quarter and said line there terminating. Abstract Chatham Wood 05-116-22-21-0073 R1-13.5 Outlot A, Country Glen Torrens Country Glen Westgate south of valley view 09-116-22-42-0001 Rural/Industrial- (I-Gen)THAT PART OF THE NW 1/4 OF SE 1/4 LYING NWLY OF RR R/W EX ROAD Abstract Unplatted 09-116-22-31-0002 Industrial - (I-Gen)E 2 RODS OF NE 1/4 OF SW 1/4 EX R R R&W AND EX ROAD Abstract Unplatted 09-116-22-31-0052 Rural Outlot B, The Meadows 2nd Addition Abstract The Meadows 2nd Addition 09-116-22-31-0025 RM6.5 Outlot B, The Meadows Abstract The Meadows 09-116-22-34-0016 Rural Outlot C, The Meadows 2nd Addition Abstract The Meadows 2nd Addition 09-116-22-31-0024 RM-6.5 Outlot A, The Meadows Abstract The Meadows 09-116-22-31-0051 Rural Outlot A, The Meadows 2nd Addition Abstract The Meadows 2nd Addition 09-116-22-32-0050 R1-22 Outlot 1, Westgate Addition Torrnes Westgate Addition 09-116-22-33-0036 R1-22 Lot 15, Block 7, Westgate Addition Torrens Westgate Addition 09-116-22-33-0037 R1-22 Lot 16, Block 7, Westgate Addition Torrens Westgate Addition 09-116-22-33-0038 R1-22 Lot 17, Block 7, Westgate Addition Torrens Westgate Addition 09-116-22-33-0039 R1-22 Lot 18, Block 7, Westgate Addition Torrens Westgate Addition 09-116-22-33-0040 R1-22 Lot 19, Block 7, Westgate Addition Torrens Westgate Addition 09-116-22-33-0041 R1-22 Lot 20, Block 7, Westgate Addition Torrens Westgate Addition 09-116-22-33-0042 R1-22 Lot 21, Block 7, Westgate Addition Torrens Westgate Addition 09-116-22-33-0043 R1-22 Lot 22, Block 7, Westgate Addition Torrens Westgate Addition 09-116-22-33-0044 R1-22 Lot 23, Block 7, Westgate Addition Torrens Westgate Addition 09-116-22-33-0045 R1-22 Lot 24, Block 7, Westgate Addition Torrens Westgate Addition 09-116-22-33-0046 R1-22 Lot 25, Block 7, Westgate Addition Torrens Westgate Addition 09-116-22-33-0047 R1-22 Lot 26, Block 7, Westgate Addition Torrens Westgate Addition 09-116-22-33-0048 Industrial - (I-Gen)Lot 27, Block 7, Westgate Addition Torrens Westgate Addition 09-116-22-33-0016 R1-22 Lot 30, Block 4, Westgate Addition Torrens Westgate Addition 09-116-22-33-0017 R1-22 Lot 31, Block 4, Westgate Addition Torrens Westgate Addition 09-116-22-33-0018 R1-22 Lot 32, Block 4, Westgate Addition Torrens Westgate Addition 09-116-22-33-0019 R1-22 Lot 33, Block 4, Westgate Addition Torrens Westgate Addition 09-116-22-33-0020 R1-22 Lot 34, Block 4, Westgate Addition Torrens Westgate Addition 09-116-22-33-0021 R1-22 Lot 35, Block 4, Westgate Addition Torrens Westgate Addition 09-116-22-33-0022 R1-22 Lot 36, Block 4, Westgate Addition Torrens Westgate Addition 09-116-22-33-0023 R1-22 Lot 37, Block 4, Westgate Addition Torrens Westgate Addition 09-116-22-33-0024 R1-22 Lot 38, Block 4, Westgate Addition Torrens Westgate Addition 08-116-22-44-0046 Water Outlot A, Prairie Village Apartments Abstract Prairie Village Apartments Eden Lakes School/Park 11700 Anderson Lakes Parkway 23-116-22-13-0001 Rural Outlot A, Lake Eden Both Lake Eden open space north of park 23-116-22-12-0067 R1-13.5 Outlot A, Eden Lake North Abstract Eden Lake North 14-116-22-34-0039 Rural OutlotA, Eden Lake Townhomes Torrens Eden Lake Townhomes Forest Hills School/Park 13708 Holly Road 03-116-22-31-0002 Rural COM AT SW COR OF NE 1/4 OF SW 1/4 TH N TO NW COR THOF TH SELY ON A CURVE CONCAVE TO THE SW HAVING A RADIUS OF 573 68/100 FT AND A CHORD BEARING S 75 DEG 35 MIN 11 SEC E AND ARC DIS OF 302.77 FT TH S 60 DEG 28 MIN 01 SEC E 471 05/100 FT TH ON A CURVE TO THE RT HAVING A RADIUS OF 479 73/100 FT DIS 229 52/100 FT TH S 33 DEG 03 MIN 16 SEC E 80 48/100 FT TH ON A CURVE TO THE LEFT HAVING A RADIUS OF 499 69/100 FT DIS 559 4/10 FT TH N 82 DEG 48 MIN 10 SEC E 70 FT TH ON A CURVE TO THE RT HAVING A RADIUS OF 264 5/10 FT DIS 251 65/100 FT TH S 42 DEG 41 MIN 06 SEC E TO THE NWLY LINE OF CO RD NO 60 TH SWLY ALONG SAID ROAD LINE TO S LINE OF NE 1/4 OF SW 1/4 TH W TO BEG EXCEPT COM AT A PT IN N LINE OF HOLLY ROAD DIS 973 85/100 FT E FROM W LINE OF NE 1/4 OF SW 1/4 TH DEFLECT LEFT 45 DEG DIS 237 6/10 FT TH NWLY AT R/A 95 FT TO ACTUAL PT OF BEG TH NELY AT R/A 144 FT TH NWLY AT R/A 444 FT TH SWLY AT R/A 292 FT TH SELY AT R/A 444 FT TH NELY AT R/A 148 FT TO BEG EX ROAD ALSO EX HWY Abstract Unplatted open space north of park 03-116-22-31-0003 Rural Outlot A Ex Road also ex Highway, Tanager Creek Abstract Tanager Creek 03-116-22-24-0011 RM-6.5 Outlot E, Tanager Creek Abstract Tanager Creek Prairie View School/Park 17255 Peterborg Road 08-116-22-22-0002 Rural THAT PART OF THE N 17 50&100 ACRES OF NW 1&4 OF NW 1&4 LYING W OF E 10 16&100 ACRES THEREOF AND THE N 60 FT OF THE W 114 47&100 FT OF THE E 10 16&100 ACRES OF N 17 50&100 ACRES OF NW 1&4 OF NW 1&4 Abstract Unplatted 08-116-22-22-0029 R1-9.5 Outlot A, Round Lake View Torrens Round Lake View 05-116-22-33-0001 R1-22 W 1 ROD OF LOT 2 S OF ROAD - See document #5000636 for complete legal description of record Torrens Unplatted Off Leash Dog Area - Flying Cloud 7171 Flying Cloud Drive 12-116-22-21-0007 Rural Outlot B, Lee Data Torrens Lee Data Riley Creek Open Space 30-116-22-24-0079 R1-13.5 Outlot A, Prairie Pines Torrens Prairie Pines 30-116-22-24-0012 Rural Outlot A, Dorenkemper Estates Torrens Dorenkemper Estates 30-116-22-24-0073 R1-13.5 Outlot A, Welters Trailhead Torrens Welters Trailhead 30-116-22-24-0004 Public Outlot A, Maplewood Park Estates Torrens Maplewood Park Estates 30-116-22-31-0055 Rural/Public THAT PART OF OUTLOT D EMBRACED WITHIN THE NE 1/4 OF THE SW 1/4 OF SEC 30 T 116 R 22 Abstract Settlers Ridge 30-116-22-42-0026 Rural OUTLOT D EXCEPT THAT PART EMBRACED WITHIN THE NE 1/4 OF THE SW 1/4 OF SEC 30 T 116 R 22 Abstract Settlers Ridge 30-116-22-42-0056 Rural Outlot B, Settlers Ridge 4th Addition Abstract Settlers Ridge 4th Addition 30-116-22-31-0090 R1-9.5 Outlot C, Settlers Ridge 3rd Addition Both Settlers Ridge 3rd Addition §¨¦494 §¨¦494 £¤169 £¤169 £¤169 £¤212 ")62 ")101 ")5 ")62 OP1 OP4 OP62 OP39 OP61 OP60OP4OP101 ")5 OP61 OP61 OP62 OP4 £¤212 £¤212 £¤212 Grass LakeRice Lake Lake Riley BryantLake AndersonLake Staring Lake Rice MarshLake MitchellLake Red RockLake DuckLake Neill Lake Birch Island Little RiceLake Lake Smetana RoundLake EdenLake McCoyLake Lake Idlewild PARK REZONING MAP Ü00.5 10.25 Miles RURAL R1-22 R1-13.5 R1-9.5 RM-6.5 RM-2.5 OFC C-COM I-GEN I-2 PUB RIGHT-OF-WAY WATER One Family Residential One Family Residential One Family Residential Multi-Family Residential Multi-Family Residential Office Community Commercial General Industrial Industrial Park Public Map prepared by the City of Eden Prairie Planning Division - July 3, 2019 Rev. 8/27/19Rev. 9/11/19 Park Name Birch Island Park Birch Island Woods Conservation Area Bluffs West 1 Bluffs West 2 Cardinal Creek Conservation Area Carmel Park Creekwood Park Crestwood Park Eden Lake Park Eden Valley Park Edenbrook Conservation Area Edenvale Conservation Area Edenvale Park Edgewood Park Flying Cloud Drive Dog Park Forest Hills Park Franlo Park Hidden Ponds Park High Trail Estates Park Holasek Hill Park Homeward Hills Park James A. Brown Conservation Area Lower Purgatory Creek Conservation Area Miller Park Mitchell Marsh Conservation Area Nesbitt Preserve Park Nine Mile Creek Conservation Area Overlook Park Pheasant Woods Park Pioneer Park Prairie Bluff Conservation Area Prairie East Park Prairie View Park Purgatory Creek Park Red Rock Conservation Area Red Rock Lake Park Rice Marsh Lake Park Richard T. Anderson Conservation Area Riley Creek Conservation Area Riley Lake Park Round Lake Park Rustic Hills Park Smetana Lake Park Staring Lake Park Sterling Field Park Timber Creek Conservation Area Topview Park Westgate Conservation Area Willow Park Wyndham Knoll Park Legend Parcels City-Owned Parks and Conservation Areas to be Rezoned Lakes 1 2 4 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 20 19 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Rural R1-44 One Family- 44,000 sf. min. R1-22 One Family-22,000 sf min. R1-13.5 One Family-13,500 sf min. R1-9.5 One Family-9,500 sf min. RM-6.5 Multi-Family-6.7 U.P.A. max. RM-2.5 Multi-Family-17.4 U.P.A. max. Airport Office Office Neighborhood Commercial Community Commercial Highway Commercial Airport Commercial Regional Service Commercial Regional Commercial TC-C TC-R TC-MU Industrial Park - 2 Acre Min, Industrial Park - 5 Acre Min. General Industrial - 5 Acre Min. Public Golf Course Water Right of Way TOD-R Transit Oriented Development - Residential Current Zoning of Properties Proposed to be Rezoned to Park and Open Space Current Zoning of Other Properties (For Reference Only) 51 Riley Creek Conservation Area west of Dell Road 51 EXHIBIT B CITY COUNCIL AGENDA SECTION: Consent DATE: 09/17/2019 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah/Beth Novak-Krebs ITEM DESCRIPTION: SouthWest Transit Garage Building Addition for Bus Entry and Offices ITEM NO.: VIII.C. Requested Action Move to: • Approve the 2nd Reading of the Ordinance for the Planned Unit Development District Review on 10.05 acres; and • Adopt a Resolution for a Site Plan Review on 10.05 acres; and • Approve the Development Agreement for the SouthWest Transit Garage Building Addition for Bus Entry and Offices. Synopsis This is the final approval of the SouthWest Transit Garage Building Addition for Bus Entry and Offices project. The applicant is proposing to construct a building addition for a bus entry and offices on the property located at 14405 62nd Street W. The site includes an existing 100,256 square foot maintenance garage with warehouse and office space. The applicant is proposing to add a 2,689 square foot two-story addition onto the front of the building. The first story is being proposed as a bus entry, and the second story as office space. The recently completed parking lot improvement project provides approximately 139 parking stalls. Background This proposed project does not require any waivers. The parking lot improvement plan approved in 2018 included several waivers. This project is an amendment to the existing Planned Unit Development approvals. There will be updated Exhibit B Plans referenced in the Development Agreement reflecting the improvements proposed with this project. The 120-day review period expires on October 3, 2019. Attachments 1. Ordinance for PUD 2. Summary Ordinance 3. Resolution for Site Plan 4. Development Agreement SOUTHWEST TRANSIT GARAGE ADDITION FOR BUS ENTRY AND OFFICES CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 19-2019-PUD-11-2019 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the Industrial (I-2) Zoning District 19-2019-PUD-11-2019 (hereinafter "PUD19-2019-11”). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of September 17, 2019 entered into between Southwest Transit a joint powers entity formed by the Cities of Chanhassen, Chaska, and Eden Prairie formerly known as SouthWest Metro Transit Commission, (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD-19-2019- 11, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD19-2019-11 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD19-2019-11 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD19-2019-11 are justified by the design of the development described therein. D. PUD-19-2019-11 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended in the Industrial (I-2) zoning District hereafter in the Planned Unit Development PUD19-2019-11 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 13th day of August, 2019, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 17th day of September, 2019. ATTEST: __________________________________ ___________________________________ Kathleen Porta, City Clerk Ronald A. Case, Mayor PUBLISHED in the Eden Prairie News on__________________, 2019. EXHIBIT A PUD Legal Description Legal Description Lot 1, Block 1, Reuter Addition, according to the recorded plat thereof, Hennepin County, Minnesota (Abstract Property) SOUTHWEST TRANSIT GARAGE BUILDUNG ADDITION FOR BUS ENTRY AND OFFICES CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 19-2019-PUD-11-2019 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning of land located at 14405 62nd Street W within the Industrial (I-2) Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: __________________________ ________________________ Kathleen Porta, City Clerk Ronald A. Case, Mayor PUBLISHED in the Eden Prairie News on ______________________, 2019. (A full copy of the text of this Ordinance is available from City Clerk.) EXHIBIT A PUD Legal Description Legal Description Lot 1, Block 1, Reuter Addition, according to the recorded plat thereof, Hennepin County, Minnesota (Abstract Property) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019-__ A RESOLUTION GRANTING SITE PLAN APPROVAL FOR SOUTHWEST TRANSIT GARAGE BUILDING ADDITION FOR BUS ENTRY AND OFFICES BY SOUTHWEST TRANSIT WHEREAS, SouthWest Transit, has applied for Site Plan approval of the SouthWest Transit Garage Building Addition for Bus Entry and Offices to construct a 2,689 square foot building addition on the site, by an Ordinance approved by the City Council on September 17, 2019; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its July 8, 2019 meeting and recommended approval of said site plan; and WHEREAS, the City Council has reviewed said application at a public hearing at its August 13, 2019 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval is granted to SouthWest Transit based on the Development Agreement between SouthWest Transit, a joint powers entity formed by the Cities of Chanhassen, Chaska, and Eden Prairie formerly known as SouthWest Metro Transit Commission and the City of Eden Prairie, reviewed and approved by the City Council on September 17, 2019. ADOPTED by the City Council of the City of Eden Prairie this 17th day of September, 2019. _______________________ Ronald A. Case, Mayor ATTEST: ________________________ Kathleen Porta, City Clerk SouthWest Transit Garage Bus Entry and Office Addition Development Agreement 1 SECOND SUPPLEMENT TO DEVELOPMENT AGREEMENT SouthWest Transit Garage Bus Entry and Office Addition THIS SECOND SUPPLEMENT TO DEVELOPMENT AGREEMENT (“Agreement”) is entered into as of September , 2019, by Southwest Transit, a joint powers entity formed by the Cities of Chanhassen, Chaska, and Eden Prairie formerly known as SouthWest Metro Transit Commission, hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City”: WITNESSETH: WHEREAS, Developer has applied to Planned Unit Development District Review on 10.05 acres, and Site Plan Review on 10.05 acres (the “Applications”), legally described on Exhibit A (the “Property”); WHEREAS, Developer and City entered into that certain Development Agreement dated September 19, 2006, filed on September 22, 2006 in the Office of the County Recorder as Document No. 8866726, that certain Supplemental Development Agreement dated November 18, 2014, filed on November 21, 2014 in the Office of the County Recorder as Document No. A10139181, and that certain Development Agreement dated January 8, 2019, filed on January 10, 2019 in the Office of the County Recorder as Document No. A10627154 pertaining to the Property (hereinafter referred to as the "Original Development Agreements"). SouthWest Transit Garage Bus Entry and Office Addition Development Agreement 2 NOW, THEREFORE, in consideration of the City adopting Ordinance No. __________ for Planned Unit Development District Review on 10.05 acres and Resolution No. ____________ for Site Plan Review Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated August 1, 2019, reviewed and approved by the City Council on September 17, 2019, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. DEVELOPER’S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing, unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys’ fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 5. EXTERIOR MATERIALS: Prior to building permit issuance, Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 6. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. SouthWest Transit Garage Bus Entry and Office Addition Development Agreement 3 Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 7. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the City Planner a final landscape plan for the Property including all proposed trees as depicted on the Exhibit B Plans. The approved landscape plan shall be consistent with the quantity, type, and size of all plant materials shown on the landscape plan on the Exhibit B Plans. The approved landscape plan shall include replacement trees of a 2.5-inch diameter minimum size for a shade tree and a 6-foot minimum height for conifer trees. The approved landscape plan shall also provide that, should actual tree loss exceed that calculated herein, Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. The installation shall conform to the approved landscape plan including but not limited to the size, species and location as depicted on the Exhibit B Plans. Any changes, including but not limited to removal and relocation, to the landscape plan or landscaping installed on the Property shall be reviewed and approved by the City prior to implementing said changes. Developer shall complete implementation of the approved landscape plan as depicted on the Exhibit B Plans and in accordance with the terms and conditions of Exhibit C of this Development Agreement. No landscape security is required as Developer. The number of trees to be planted is minimal. Further, the City is one of three member cities that created SouthWest Transit. As a result, the City has adequate assurance and remedies available to secure completion of the landscape plan without landscape security of a letter of credit or cash. 8. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit, water meters, and standard heating, ventilating, and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If, after completion of construction of the mechanical equipment screening, it is determined by the City Planner, in his or her sole discretion, that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. SouthWest Transit Garage Bus Entry and Office Addition Development Agreement 4 9. OTHER AGENCY APPROVALS: The Developer shall be responsible for submitting to the City Engineer, copies of all necessary approvals issued by other agencies for the project. These submittals are required prior to issuance by the City of the corresponding City permit(s). The agencies issuing such approvals include, but are not necessarily limited to, the following: the Minnesota Pollution Control Agency, Metropolitan Commission Environmental Services, and Nine Mile Creek Watershed District. The City Planner may determine that conditions of approval required by the Nine Mile Creek Watershed District require changes to the City approvals which may entail additional City review, including public hearing(s) for recommendation by the Planning Commission and approval by the City Council. Developer consents to such additional review as determined by the City Planner and agrees to an extension pursuant to Minn. Stat. Section 15.99 of an additional 60 days for the addition review. 10. PERFORMANCE STANDARDS: Developer agrees that the Property will be operated in a manner meeting all applicable noise, vibration, dust and dirt, smoke, odor and glare laws and regulations. Developer further agrees that the facility upon the Property shall be operated so noise, vibration, dust and dirt, smoke, odor and glare do not go beyond the Property boundary lines. 11. REAFFIRMING CONDITIONS OF DEVELOPMENT AGREEMENT: Developer agrees to all of the terms, conditions and obligations of "Developer" under the Development Agreement dated September 19, 2006, filed on September 22, 2006 in the Office of the County Recorder as Document No. 8866726, the Supplemental Development Agreement dated November 18, 2014, filed on November 21, 2014 in the Office of the County Recorder as Document No. A10139181, and the Development Agreement dated January 8, 2019, filed on January 10, 2019 in the Office of the County Recorder as Document No. A10627154 except amended by this Agreement. 12. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70, Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign, consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. 13. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast cut-off not to exceed 25 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. SouthWest Transit Garage Bus Entry and Office Addition Development Agreement 5 14. STRUCTURE SETBACKS FROM 100 YEAR FLOOD ELEVATION: All permanent structures which will abut existing wetlands or storm water pretreatment ponds must have a minimum setback of 30 feet from the 100-year flood elevation as shown on the Plans. SouthWest Transit Garage Bus Entry and Office Addition Development Agreement 6 IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE By___________________________ Ronald A. Case Its Mayor By____________________________ Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ________________, 2019, by Ronald A. Case and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. _______________________ Notary Public SouthWest Transit Garage Bus Entry and Office Addition Development Agreement 7 Southwest Transit, a Joint Powers entity formed by the Cities of Chanhassen, Chaska, and Eden Prairie By ________________________________ Its ________________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2019, by Len Simich, the Chief Executive Officer, of SouthWest Transit , a Joint Powers entity formed by the Cities of Chanhassen, Chaska, and Eden Prairie, on behalf of the entity. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 SouthWest Transit Garage Bus Entry and Office Addition Development Agreement 8 EXHIBIT A DEVELOPMENT AGREEMENT – SouthWest Transit Garage Bus Entry and Office Addition Legal Description Lot 1, Block 1, Reuter Addition, according to the recorded plat thereof, Hennepin County Minnesota (Abstract Property) SouthWest Transit Garage Bus Entry and Office Addition Development Agreement 9 EXHIBIT B DEVELOPMENT AGREEMENT – SouthWest Transit Garage Bus Entry and Office Addition Exhibit B Title Sheet/General Information dated August 12, 2019 by Hay Dobbs Demolition and Erosion Control Plan dated August 12, 2019 by Hay Dobbs Grading, Drainage, Erosion Control and Utility Plan dated August 12, 2019 by Hay Dobbs Paving and Geometric Plan dated August 12, 2019 by Hay Dobbs Paving and Geometric Plan dated August 12, 2019 by Hay Dobbs Details dated August 12, 2019 by Hay Dobbs Stormwater Summary Plan dated August 12, 2019 by Hay Dobbs Landscape Plan dated August 12, 2019 by Hay Dobbs Ground Floor Code Plan dated August 12, 2019 by Hay Dobbs Mezzanine Plan Code dated August 12, 2019 by Hay Dobbs Overall Roof Patio Plan dated August 12 by Hay Dobbs Area A and B Demolition Plan dated August 12, 2019 by Hay Dobbs Roof Patio/Second Floor Demolition Plan dated August 12, 2019 by Hay Dobbs Area A and B Floor Plan dated August 12, 2019 by Hay Dobbs Area C and Roof Patio Floor Plan dated August 12, 2019 by Hay Dobbs Area D, Area E Floor Plan dated August 12, 2019 by Hay Dobbs Overall Exterior Elevations dated August 12, 2019 by Hay Dobbs Enlarged Exterior Elevations dated August 12, 2019 by Hay Dobbs Enlarged Exterior Elevations dated August 12, 2019 by Hay Dobbs Site Photometric Plan dated August 12, 2019 by Hay Dobbs SouthWest Transit Garage Bus Entry and Office Addition Development Agreement 10 EXHIBIT C DEVELOPMENT AGREEMENT – SouthWest Transit Garage Bus Entry and Office Addition I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan (1" =100' scale) showing existing and proposed contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, water main, and storm sewer, 100-year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails, and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose the City’s reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: INSERT ANY NAME/COMPANY LISTED IN ANY OWNER’S SUPPLEMENT TO THE DEVELOPER’S AGREEMENT) With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: SouthWest Transit Garage Bus Entry and Office Addition Development Agreement 11 A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval, Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Property, any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years’ street lighting on the public streets adjacent to the Property (including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, SouthWest Transit Garage Bus Entry and Office Addition Development Agreement 12 condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall, prior to the commencement of any improvements, provide written notice to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 14404 Excelsior Blvd., Minnetonka, Minnesota 55305 or CenturyLink, 14200 Wayzata Blvd. Ste F., Minnetonka, MN 55305. XIII. Prior to building permit issuance, all fees associated with the building permit shall be paid to the Inspections Department, including; Building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance, provide two copies of an approved survey or site plan (1" = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 ½ by 6 inch sign or decal reading “Scenic/Conservation Easement Boundary, City of Eden Prairie”, will be affixed to the top of the post. SouthWest Transit Garage Bus Entry and Office Addition Development Agreement 13 XIX. Within 10 days of the approval of the Development Agreement, the Developer shall record the Development Agreement at the County Recorder and / or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer’s obligations under this Agreement for which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the “Security”) is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City; provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security, as appropriate, upon five (5) business days notice to the Developer, for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty (30) days prior to the expiration of the Security and if the Security has not then been renewed, replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys’ fee, incurred by the City in enforcing this Agreement. XXI. The Developer hereby grants the City, it’s agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large, so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. XXIII. Except as specifically authorized by the Director of Public Works, no permit shall be issued for the Property until the Developer has recorded the final plat with Hennepin County Recorder's Office/Registrar of Titles' Office. XVII. Developer shall pay upon demand to the City all costs incurred by the City in conjunction SouthWest Transit Garage Bus Entry and Office Addition Development Agreement 14 with the Applications. These costs include internal City administrative, planning and, engineering costs and consulting costs, including but not limited to legal, engineering, planning and financial, in review, investigation, administering and processing the Applications and implementation of the approvals granted by the City. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: September 17, 2019 DEPARTMENT/DIVISION: Denise Christensen Public Works / Engineering ITEM DESCRIPTION: Adopt Resolution Declaring Costs to be Assessed and Ordering Preparation of 2019 Special Assessment Roll and Setting Hearing Date ITEM NO.: VIII.D. Requested Action Move to: Adopt resolution declaring costs to be assessed and ordering preparation of 2019 Special Assessment Hearing rolls and setting Hearing date. Synopsis A Special Assessment Hearing is conducted annually in late October or early November. The assessments levied are for projects which have reached the point of substantial completion since the previous hearing and supplemental assessments for such things as trunk utility assessments and contracted removal assessments. This process is conducted in accordance with State Statutes and procedure developed with the assistance of the City Attorney. Attachments 1. Resolution 2. Exhibit A - 2019 Special Assessments CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019- RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF 2019 SPECIAL ASSESSMENT ROLLS AND SETTING HEARING DATE WHEREAS, contracts have been let for the following listed improvements and the total project costs, including expenses incurred, or to be incurred and the City’s share, exclusive of that assignable to City Property, are established as shown on the attached Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: 1. The costs of such improvements to be specially assessed are hereby declared to be those as set forth in Exhibit A. 2. The City Clerk with the assistance of the City Engineer shall forthwith calculate the proper amount to be assessed for each improvement against every assessable lot, piece or parcel of land within the district affected without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in the office of the City Engineer for public inspection. 3. A hearing shall be held on the 15th day of October, 2019, at the Eden Prairie City Center, 8080 Mitchell Road, at 7:00 p.m., to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessments. 4. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessments to be published once in the official newspaper at least two weeks prior to the hearing. The Clerk shall also cause mailed notice to be given to the owner of the record of each parcel described in the assessment roll not less than two weeks prior to the hearing. ADOPTED by the Eden Prairie City Council on September 17, 2019. Ronald A. Case, Mayor ATTEST: SEAL Kathleen Porta, City Clerk EXHIBIT A 2019 SPECIAL ASSESSMENTS September 17, 2019 Supplementals Total Cost City Funds Amount to be Assessed Trunk Sewer & Water $103,143.33 $0.00 $103,143.33 SAC and WAC Fees $20,560.00 $0.00 $20,560.00 Snow Removal $156.00 $0.00 $156.00 Tall Grass & Weed Removal $4,663.49 $0.00 $4,663.49 Tree Removal $569.50 $0.00 $569.50 $129,092.32 $0.00 $129,092.32 CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: September 17, 2018 DEPARTMENT / DIVISION: Rick Getschow City Manager, Administration ITEM DESCRIPTION: Resolution certifying funds have been provided for principal and interest payments on all bond issues except as shown as shown in Exhibit 2. ITEM NO.: VIII.E. Requested Action Move to: Adopt the resolution certifying funds have been provided for principal and interest payments on all bond issues except as shown as shown in Exhibit 2. Synopsis Hennepin County requires that the City levy the amount originally certified for debt unless the taxing authority passes a resolution canceling the levy. In the past, this was included on the December tax resolution. The County now requests this information in September. Attachments Resolution Exhibit 2 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019- A RESOLUTION CERTIFYING THE 2020 DEBT LEVY WHEREAS, the City Council reviewed and adopted the preliminary tax levy and budget at the September 3rd, 2019 City Council Meeting; and WHEREAS, Hennepin County requires that the City levy the amount originally certified for debt unless the taxing authority passes a resolution canceling the levy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Eden Prairie, County of Hennepin, Minnesota, that funds have been provided for principal and interest payments on all bond issues except as shown below and no other debt levies are required (as shown in Exhibit 2). Debt Levy 2020 Debt Levy on Tax Capacity 2012B SouthWest Fire Station 310,000 2014 Tax Abatement 1,397,000 Sub-total 1,707,000 Debt Levy on Market Value 2011C Parks Referendum 165,000 2012A Parks Referendum 681,000 Sub-total 846,000 Total 2,553,000$ ADOPTED by the Eden Prairie City Council this 17th day of September, 2019. _____________________________ Ron Case, Mayor ATTEST: _____________________________ Kathleen Porta, City Clerk CITY OF EDEN PRAIRIENOTICE OF ADJUSTMENT TO REQUIRED DEBT LEVIESLEVIED YEAR 2019, COLLECTED YEAR 2020 EXHIBIT 2 Debt levy amounts previously certified may be adjusted to the amounts shown below due to the availability of other repayment sources. Date of Amount of Required Levy Actual Levy OUTSTANDING DEBT WITH REQUIRED LEVY Issue Issue 2019/2020 2019/2020 G.O. Park Bonds 2011C 12/01/11 $4,455,000 $246,572 $165,000 G.O. Park Bonds 2012A 03/01/12 $5,110,000 $698,414 $681,000G.O. Capital Imrpovement Crossover Refunding Bonds 2012B 02/21/12 $3,170,000 $327,712 $310,000G.O. Tax Abatement Bonds 2014A 06/17/14 $17,155,000 $1,472,323 $1,397,000 GRAND TOTAL 2,745,020$ $2,553,000 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: September 17, 2019 DEPARTMENT/DIVISION: Community Development Janet Jeremiah, Director / Jonathan Stanley, Housing and Human Services Manager ITEM DESCRIPTION: Approve Rehabilitation Deferred Grant Program Agreements for PROP and The PROP Shop using 2019 CDBG Program Income ITEM NO.: VIII.F. Requested Action Move to: Approve the Rehabilitation Deferred Grant Program Agreements between the City of Eden Prairie and PROP and The PROP Shop. Synopsis These Eden Prairie nonprofits serve low/mod income Eden Prairie residents and have requested grants in an amount up to $20,000 each to make upgrades and repairs to their facilities. The current Housing Rehabilitation Loan Program process will be followed for these grants. The CDBG funds to be used are generated from 2019 program income. The expenditure will not take funds from any other program and will assist in the City’s obligation to expend program income in a timely manner. Summary of Improvements Upon approval of the grants, the city inspector will visit the properties to prepare a scope of work of approved projects. Requested improvements include: PROP Replace two roof top HVAC units Install food storage system Replace flooring in food storage area PROP Shop Replace lighting in warehouse with energy efficient LED lighting Replace exterior doors in warehouse to bring up to code Replace asphalt parking lot Attachments Rehabilitation Deferred Grant Program Agreement for PROP Rehabilitation Deferred Grant Program Agreement for The PROP Shop CITY OF EDEN PRAIRIE REHABILITATION DEFERRED GRANT PROGRAM AGREEMENT THIS AGREEMENT, made and entered into this 17th day of September, 2019, by and between People Reaching Out to Other People, Inc., a Minnesota non-profit corporation having its principal place of business at 14700 Martin Drive, Eden Prairie, Minnesota 55346 (hereinafter referred to as “Recipient”), and the City of Eden Prairie, a body corporate and politic of the State of Minnesota, having its principal office at 8080 Mitchell Road, Eden Prairie, Minnesota 55344, (hereinafter referred to as the “City”). WHEREAS, Recipient owns the property legally described on attached Exhibit A and hereinafter referred to as the “Real Property” and; WHEREAS, Recipient owns and operates the Real Property for the purpose of providing Eden Prairie residents in need with food and financial assistance and to provide support toward self sufficiency; and WHEREAS, the City intends through this Grant Agreement to provide Recipient with an amount not to exceed Twenty Thousand and no/100 dollars ($20,000.00) as a grant (hereinafter referred to as “the Grant”) for rehabilitation work on the Real Property as described herein; and WHEREAS, Recipient and the City desire to set forth the terms under which the Grant shall be provided by City to Recipient. NOW, THEREFORE, in consideration of said Grant, the receipt and sufficiency of which is hereby acknowledged by Recipient, and in accordance with Minnesota Statutes, the parties hereto do hereby agree as follows: 1. Use of Grant Proceeds. The Grant proceeds shall be used solely to perform the rehabilitation work set forth on Exhibit B, attached hereto and incorporated herein, (the “Work”) on the Real Property. Said Work shall be to improve the conditions relating to health, safety, and energy efficiency of the Real Property, or provide essential accessibility improvements to the Real Property. All Work shall be subject to the City’s approval. 2 2. Payment of Grant Proceeds. Recipient shall submit to City applications for payment and such other documentation deemed satisfactory to City in its sole discretion evidencing completion of the Work. Upon City determination that the Work for which the application has been submitted is complete, City shall disburse to the contractor(s) who completed the Work Grant Proceeds in an amount to pay for the Work, but in no event shall the total amount paid under this Agreement exceed Twenty Thousand and no/100 dollars ($20,000). No payment shall be made for Work completed after March 15, 2020. 3. Repayment of Grant Proceeds. Recipient agrees to the following repayment obligations: 3.1. If the Real Property, as identified on Exhibit A, is sold, transferred, or otherwise conveyed (whether by deed, contract for deed, or otherwise), and whether voluntary or involuntary, within three (3) years from the date of this Agreement, Recipient shall repay the principal sum of the Grant. 3.2. If the Real Property, as identified on Exhibit A, ceases for any reason to be used by Recipient within three (3) years from the date of this Agreement, Recipient shall repay the principal sum of the Grant. 3.3. If Recipient ceases operations for any reason within three (3) years after the date of this Agreement, Recipient shall repay the principal sum of the Grant. 3.4. Recipient shall give written notice to the City thirty (30) days prior to the occurrence of any of the events listed in Paragraphs 3.1 through 3.3, and repayment shall be made by Recipient immediately upon the occurrence of any of said events. 3.5. Payments shall be delivered to the office of the City, or at such other place as the City may designate. 4. Recipient’s Covenants. Recipient covenants with the City that Recipient is eligible for the Grant under the following conditions: 4.1. The Real Property is owned by Recipient as of the date of the Grant, and Recipient has no present intention to rent the Real Property, or to sell, assign, or transfer Recipient’s interest in the Real Property to another; and 4.2. The proceeds of the Grant will be used only for the Work described in Paragraph 1; and 4.3. Recipient has made no material misstatement of fact in connection with Recipient's application for the Grant. 5. Grant of Lien. As security for Recipient’s covenant and obligation for repayment as herein provided, Recipient hereby grants, and the City shall and hereby does have, a lien on the Real Property (the “Lien”), together with all hereditament and appurtenances thereto, in the full amount necessary to satisfy Recipient’s repayment obligation and the cost, including 3 reasonable attorney fees of collecting the same. 6. Events of Default. Any one of the following shall constitute an event of default: 6.1. Recipient’s failure to cure a breach of any covenant, term or condition contained in this Agreement for a period of thirty (30) days after written notice, specifying the breach and requesting that it be cured, given to Recipient by the City, unless the City shall agree in writing to an extension of such time prior to its expiration. 6.2. If any representation or warranty made by Recipient herein shall prove at any time to be, in any material respect, incorrect or misleading as of the date made. 6.3. The adjudication of Recipient as bankrupt by a court of competent jurisdiction, or the entry by such a court of an order approving a petition seeking reorganization of Recipient under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof; or the appointment by such a court of a trustee or receiver or receivers of Recipient or of all or any substantial part of its property upon the application of any creditor in any insolvency or bankruptcy proceeding or other creditor’s suit. 6.4. The filing by Recipient of a petition in voluntary bankruptcy or the making by it of a general assignment for the benefit of creditors or the consenting by it to the appointment of a receiver or receivers of all or any substantial part of the property of Recipient; or the filing by Recipient of a petition or answer seeking reorganization under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof; or the filing by Recipient of a petition to take advantage of any debtor’s act. 7. City’s Remedies. Whenever Recipient is in default under this Agreement, the City may exercise any one or more of the remedies below. 7.1. The City may declare the principal sum of the Grant, plus all other amounts that may be owed by Recipient to the City pursuant to this Agreement, to be immediately due and payable. Recipient hereby confesses judgment in said amount, and hereby authorizes and empowers the City to file the attached Ex. C with a court of competent jurisdiction in the event of a default as set forth herein. 7.2. The City may, in its sole discretion, foreclose on the Real Property by judicial proceedings or sell the Real Property at public auction and convey the same to the purchaser in fee simple in accordance with Minnesota statutes, and out of the moneys arising from such sale retain all sums secured hereby, with interest and all legal costs and charges of such foreclosure and the maximum attorney fee permitted by law, which costs, charges and fees Recipient herein agrees to pay. 7.3. The City may take whatever action at law or in equity may appear necessary or appropriate to collect the principal sum of the Grant, plus all other amounts that may be owed by Recipient to the City pursuant to this Agreement, or to enforce performance and observance of any obligation, agreement or covenant of Recipient 4 under this Agreement. 7.4. No remedy herein conferred is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City to exercise any remedy set forth in this Agreement, it shall not be necessary to give any notice, other than such notice as may be herein expressly required or required by applicable law. 8. Attorney’s Fees. In the event Recipient should default under any of the provisions of this Agreement and the City should employ attorneys or incur other expenses for the collection of the amounts due hereunder or the enforcement of performance of any obligation or agreement on the part of Recipient, Recipient will on demand pay to the City the reasonable fee of such attorneys and such other expenses so incurred. 9. Agreement to Run with the Land. This Agreement shall run with the aforementioned Real Property and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns. Wherever used, the singular shall include the plural, and the plural shall include the singular. All covenants and agreements of Recipient shall be joint and several. 10. Severability. In the event any provision or clause of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 11. Waiver. In the event any covenant, term or condition contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. 12. Automatic Termination. If, after three (3) years from the date of this Agreement, Recipient is not in default under any terms of this Agreement, Recipient’s repayment obligations set forth herein shall terminate. 13. Notice. In addition to any notice required under applicable law to be given in another manner, any notice provided for in this Agreement shall be effective when mailed by certified mail, return receipt requested, to the address below or such other address the receiving party may designate in writing. 5 To: The City of Eden Prairie ATTN: City Manager 8080 Mitchell Road Eden Prairie, Minnesota 55344 To: Janet Palmer Executive Director People Reaching Out to Other People, Inc. 14700 Martin Drive Eden Prairie, MN 55346 14. Data Practices Act. The Recipient shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. Section 13.01, et seq., to the extent that the Act is applicable to data and documents in the hands of the Recipient. 15. Audits. The books, records, documents, and accounting procedures and practices of the Recipient or other parties relevant to this agreement are subject to examination by the City and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this Agreement. 16. Governing Law. This Agreement is deemed made within the State of Minnesota and shall be governed by and interpreted in accordance with Minnesota law. All disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of the Minnesota State Courts, and exclusive venue for any such action shall be in Hennepin County, Minnesota. 17. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and merges all prior discussions between them with respect to the subject matter hereof. This Agreement may not be modified except by a written agreement dated subsequent to the date of this Agreement and signed by both parties. [Signature and notary page follow] 6 CITY OF EDEN PRAIRIE By:___________________________________ Ronald A. Case, Mayor By: ___________________________________ Rick Getschow, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 17th day of September, 2019, by Ronald A. Case and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. ______________________________________ Notary Public 7 People Reaching Out to Other People, Inc. By:____________________________________ Janet Palmer, Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of ____________, 2019, by Janet Palmer, the Executive Director of People Reaching Out to Other People, Inc., a Minnesota non-profit corporation, on behalf of said corporation. ______________________________________ Notary Public This instrument was drafted by: Gregerson, Rosow, Johnson & Nilan, Ltd. 100 Washington Avenue South, Suite 1550 Minneapolis, MN 55401 (612) 338-0755 8 Exhibit A Description of the Real Property Lot 2, Block 1, Edenvale Industrial Park 4th Addition, Hennepin County, Minnesota 9 Exhibit B • Replace two HVAC units on property. 10 Exhibit C Confession of Judgment 11 STATE OF MINNESOTA COUNTY OF HENNEPIN DISTRICT COURT FOURTH JUDICIAL DISTRICT The City of Eden Prairie, a Minnesota municipal corporation, Plaintiff, vs. People Reaching Out to Other People, a Minnesota non-profit corporation, Defendant. Court File No: _______________ Case Type: Other Contracts CONFESSION OF JUDGMENT The undersigned, People Reaching Out to Other People, a Minnesota non-profit corporation (the “Defendant”), hereby confesses judgment in favor of the City of Eden Prairie, a Minnesota municipal corporation (the “City”), the Plaintiff in the above matter, for the sum of Twenty Thousand and 00/100 Dollars ($20,000.00), less any amounts already paid by the Defendant to the City under the terms of the Rehabilitation Deferral Grant Program Agreement (the “Agreement”), plus attorney’s fees. The sum of $20,000.00, less any amounts already paid by Defendant to the City under the terms of the Agreement is justly due, and Defendant hereby authorizes the entry of judgment against it for said amount plus attorney’s fees. Defendant hereby executes this Confession of Judgment pursuant to Minnesota Statutes § 548.22, and as for such purpose, states and agrees as follows: 1. This Confession of Judgment is for a debt due and owing to the City based on the facts set forth herein. 2. The City is a Minnesota municipal corporation. 3. People Reaching Out to Other People, is a Minnesota non-profit corporation with 12 its principal place of business located in Hennepin County, Minnesota. 4. On September 17, 2019 the City and Defendant executed the Agreement whereby the City provided Defendant $20,000.00 for rehabilitation work on certain real property owned by the Defendant and described therein. The purpose of the grant was to pay for work which would improve the conditions relating to the health, safety, and energy efficiency of the real property. 5. The Agreement provided that the Defendant would repay the $20,000.00 to the City if: (a) the subject real property was sold, transferred, or conveyed within 3 years of the date of the Agreement; (b) if the Defendant failed to use the subject real property, for any reason, within 3 years of the date of the Agreement; or (c) if the Defendant ceases operations, for any reason, within 3 years of the date of the Agreement. Upon the occurrence of any of these events Defendant promised to immediately repay $20,000.00, less amounts previously paid, and attorney’s fees, to the City. 6. The Agreement also provided that: (a) a failure to cure a breach of any term or condition in the Agreement, including those set forth above in paragraph 6; (b) an incorrect or misleading representation or warranty made by the Defendant, (c) the adjudication of Defendant as bankrupt by a court of competent jurisdiction, or (d) the filing of a bankruptcy petition or general assignment for the benefit of creditors, constitutes a default of the of the Agreement. In the event of a default, the Defendant promised to immediately repay $20,000.00, less amounts previously paid, and attorney’s fees, to the City. 7. Defendant states that it has reviewed this Confession with counsel, or has had the opportunity to review this Confession with counsel, and that it knowingly executes the same. 13 8. The sum of $20,000.00, less any amounts already paid by Defendant to the City under the terms of the Agreement is justly due, and Defendant hereby authorizes the entry of judgment against it for said amount and attorney’s fees, and Defendant hereby confesses judgment for such amount and authorizes entry of judgment against it without further delay, and in favor of the City in said amount. 9. The Court Administrator may enter judgment in favor of the City and against Defendant without further delay. We have executed this Confession of Judgment on the dates set forth opposite our names. Dated: ______________, 2019 People Reaching Out to Other People, a Minnesota non-profit corporation By: __________________________________ Janet Palmer Its: Executive Director 14 VERIFICATION STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) I, Janet Palmer, the Executive Director of People Reaching Out to Other People, being first duly sworn on oath, state that People Reaching Out to Other People is a defendant in the above-named matter, and that I have read the foregoing Confession of Judgment and know the contents thereof, that the same is true of my own knowledge, except for those things stated on information and belief and as to those things I believe them to be true. People Reaching Out to Other People By: ________________________________ Janet Palmer Its: Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing Confession of Judgment was signed, verified and acknowledged before me, a Notary Public, on this ______ day of ___________________, 2019 by Janet Palmer, the Executive Director of People Reaching Out to Other People. ____________________________ Notary Public CITY OF EDEN PRAIRIE REHABILITATION DEFERRED GRANT PROGRAM AGREEMENT THIS AGREEMENT, made and entered into this 17th day of September, 2019, by and between The PROP Shop of Eden Prairie, a Minnesota non-profit corporation having its principal place of business at 15195 Martin Drive, Eden Prairie, Minnesota 55344 (hereinafter referred to as “Recipient”), and the City of Eden Prairie, a body corporate and politic of the State of Minnesota, having its principal office at 8080 Mitchell Road, Eden Prairie, Minnesota 55344, (hereinafter referred to as the “City”). WHEREAS, Recipient owns the property legally described on attached Exhibit A and hereinafter referred to as the “Real Property” and; WHEREAS, Recipient is a non-profit corporation that sells donated in-kind contributions to the general public, provides clothing and household items free of charge to families in financial need, and donates excess funds to other exempt organizations that assist low-income households or households suffering temporary financial hardship; and WHEREAS, the City intends through this Grant Agreement to provide Recipient with an amount not to exceed Twenty Thousand and no/100 dollars ($20,000.00) as a grant (hereinafter referred to as “the Grant”) for rehabilitation work on the Real Property as described herein; and WHEREAS, Recipient and the City desire to set forth the terms under which the Grant shall be provided by City to Recipient. NOW, THEREFORE, in consideration of said Grant, the receipt and sufficiency of which is hereby acknowledged by Recipient, and in accordance with Minnesota Statutes, the parties hereto do hereby agree as follows: 1. Use of Grant Proceeds. The Grant proceeds shall be used solely to perform the rehabilitation work set forth on Exhibit B, attached hereto and incorporated herein (the “Work”) on the Real Property. Said Work shall be to improve the conditions relating to health, safety, and energy efficiency of the Real Property, or provide essential accessibility improvements to the Real Property. All Work shall be subject to the City’s 2 approval. 2. Payment of Grant Proceeds. Recipient shall submit to City applications for payment and such other documentation deemed satisfactory to City in its sole discretion evidencing completion of the Work. Upon City determination that the Work for which the application has been submitted is complete, City shall disburse to the contractor(s) who completed the Work Grant Proceeds in an amount to pay for the Work, but in no event shall the total amount paid under this Agreement exceed Twenty Thousand and no/100 dollars ($20,000). No payment shall be made for Work completed after March 15, 2020. 3. Repayment of Grant Proceeds. Recipient agrees to the following repayment obligations: 3.1. If the Real Property, as identified on Exhibit A, is sold, transferred, or otherwise conveyed (whether by deed, contract for deed, or otherwise), and whether voluntary or involuntary, within three (3) years from the date of this Agreement, Recipient shall repay the principal sum of the Grant. 3.2. If the Real Property, as identified on Exhibit A, ceases for any reason to be used by Recipient within three (3) years from the date of this Agreement, Recipient shall repay the principal sum of the Grant. 3.3. If Recipient ceases operations for any reason within three (3) years after the date of this Agreement, Recipient shall repay the principal sum of the Grant. 3.4. Recipient shall give written notice to the City thirty (30) days prior to the occurrence of any of the events listed in Paragraphs 3.1 through 3.3, and repayment shall be made by Recipient immediately upon the occurrence of any of said events. 3.5. Payments shall be delivered to the office of the City, or at such other place as the City may designate. 4. Recipient’s Covenants. Recipient covenants with the City that Recipient is eligible for the Grant under the following conditions: 4.1. The Real Property is owned by Recipient as of the date of the Grant, and Recipient has no present intention to rent the Real Property, or to sell, assign, or transfer Recipient’s interest in the Real Property to another; and 4.2. The proceeds of the Grant will be used only for the Work described in Paragraph 1; and 4.3. Recipient has made no material misstatement of fact in connection with Recipient's application for the Grant. 5. Grant of Lien. As security for Recipient’s covenant and obligation for repayment as herein provided, Recipient hereby grants, and the City shall and hereby does have, a lien on the 3 Real Property (the “Lien”), together with all hereditament and appurtenances thereto, in the full amount necessary to satisfy Recipient’s repayment obligation and the cost, including reasonable attorney fees of collecting the same. 6. Events of Default. Any one of the following shall constitute an event of default: 6.1. Recipient’s failure to cure a breach of any covenant, term or condition contained in this Agreement for a period of thirty (30) days after written notice, specifying the breach and requesting that it be cured, given to Recipient by the City, unless the City shall agree in writing to an extension of such time prior to its expiration. 6.2. If any representation or warranty made by Recipient herein shall prove at any time to be, in any material respect, incorrect or misleading as of the date made. 6.3. The adjudication of Recipient as bankrupt by a court of competent jurisdiction, or the entry by such a court of an order approving a petition seeking reorganization of Recipient under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof; or the appointment by such a court of a trustee or receiver or receivers of Recipient or of all or any substantial part of its property upon the application of any creditor in any insolvency or bankruptcy proceeding or other creditor’s suit. 6.4. The filing by Recipient of a petition in voluntary bankruptcy or the making by it of a general assignment for the benefit of creditors or the consenting by it to the appointment of a receiver or receivers of all or any substantial part of the property of Recipient; or the filing by Recipient of a petition or answer seeking reorganization under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof; or the filing by Recipient of a petition to take advantage of any debtor’s act. 7. City’s Remedies. Whenever Recipient is in default under this Agreement, the City may exercise any one or more of the remedies below. 7.1. The City may declare the principal sum of the Grant, plus all other amounts that may be owed by Recipient to the City pursuant to this Agreement, to be immediately due and payable. Recipient hereby confesses judgment in said amount, and hereby authorizes and empowers the City to file the attached Ex. C with a court of competent jurisdiction in the event of a default as set forth herein. 7.2. The City may, in its sole discretion, foreclose on the Real Property by judicial proceedings or sell the Real Property at public auction and convey the same to the purchaser in fee simple in accordance with Minnesota Statutes, and out of the moneys arising from such sale retain all sums secured hereby, with interest and all legal costs and charges of such foreclosure and the maximum attorney fee permitted by law, which costs, charges and fees Recipient herein agrees to pay. 7.3. The City may take whatever action at law or in equity may appear necessary or appropriate to collect the principal sum of the Grant, plus all other amounts that 4 may be owed by Recipient to the City pursuant to this Agreement, or to enforce performance and observance of any obligation, agreement or covenant of Recipient under this Agreement. 7.4. No remedy herein conferred is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City to exercise any remedy set forth in this Agreement, it shall not be necessary to give any notice, other than such notice as may be herein expressly required or required by applicable law. 8. Attorney’s Fees. In the event Recipient should default under any of the provisions of this Agreement and the City should employ attorneys or incur other expenses for the collection of the amounts due hereunder or the enforcement of performance of any obligation or agreement on the part of Recipient, Recipient will on demand pay to the City the reasonable fee of such attorneys and such other expenses so incurred. 9. Agreement to Run with the Land. This Agreement shall run with the aforementioned Real Property and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns. Wherever used, the singular shall include the plural, and the plural shall include the singular. All covenants and agreements of Recipient shall be joint and several. 10. Severability. In the event any provision or clause of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 11. Waiver. In the event any covenant, term or condition contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. 12. Automatic Termination. If, after three (3) years from the date of this Agreement, Recipient is not in default under any terms of this Agreement, Recipient’s repayment obligations set forth herein shall terminate. 13. Notice. In addition to any notice required under applicable law to be given in another manner, any notice provided for in this Agreement shall be effective when mailed by certified mail, return receipt requested, to the address below or such other address the receiving party may designate in writing. 5 To: The City of Eden Prairie ATTN: City Manager 8080 Mitchell Road Eden Prairie, Minnesota 55344 To: Cindy Eddy Executive Director The PROP Shop of Eden Prairie 15195 Martin Drive Eden Prairie, MN 55344 14. Data Practices Act. The Recipient shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. Section 13.01, et seq., to the extent that the Act is applicable to data and documents in the hands of the Recipient. 15. Audits. The books, records, documents, and accounting procedures and practices of the Recipient or other parties relevant to this agreement are subject to examination by the City and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this Agreement. 16. Governing Law. This Agreement is deemed made within the State of Minnesota and shall be governed by and interpreted in accordance with Minnesota law. All disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of the Minnesota State Courts, and exclusive venue for any such action shall be in Hennepin County, Minnesota. 17. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and merges all prior discussions between them with respect to the subject matter hereof. This Agreement may not be modified except by a written agreement dated subsequent to the date of this Agreement and signed by both parties. [Signature and notary page follows] 6 CITY OF EDEN PRAIRIE By:___________________________________ Nancy Tyra-Lukens, Mayor By: ___________________________________ Rick Getschow, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of __________, 2019, by Ronald A Case and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. ______________________________________ Notary Public 7 The PROP Shop of Eden Prairie By:____________________________________ Cindy Eddy, Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of ____________, 2019, by Cindy Eddy, the Executive Director of The PROP Shop of Eden Prairie, a Minnesota non-profit corporation, on behalf of said corporation. ______________________________________ Notary Public This instrument was drafted by: Gregerson, Rosow, Johnson & Nilan, Ltd. 100 Washington Avenue South, Suite 1550 Minneapolis, MN 55401 (612) 338-0755 8 Exhibit A Description of the Real Property Lot 1, Block 1, Edenvale Industrial Park 9th Addition, Hennepin County, Minnesota 9 Exhibit B o Roof repair (retail and warehouse) o Light fixture updates to replace with LED energy efficient bulbs (warehouse) o Exterior door replacement (warehouse) o Replace asphalt parking lot 10 Exhibit C Confession of Judgment 11 STATE OF MINNESOTA COUNTY OF HENNEPIN DISTRICT COURT FOURTH JUDICIAL DISTRICT The City of Eden Prairie, a Minnesota municipal corporation, Plaintiff, vs. The PROP Shop of Eden Prairie, a Minnesota non-profit corporation, Defendant. Court File No: _______________ Case Type: Other Contracts CONFESSION OF JUDGMENT The undersigned, The PROP Shop of Eden Prairie, a Minnesota non-profit corporation (the “Defendant”), hereby confesses judgment in favor of the City of Eden Prairie, a Minnesota municipal corporation (the “City”), the Plaintiff in the above matter, for the sum of Twenty Thousand and 00/100 Dollars ($20,000.00), less any amounts already paid by the Defendant to the City under the terms of the Rehabilitation Deferral Grant Program Agreement (the “Agreement”), plus attorney’s fees. The sum of $20,000.00, less any amounts already paid by Defendant to the City under the terms of the Agreement is justly due, and Defendant hereby authorizes the entry of judgment against it for said amount plus attorney’s fees. Defendant hereby executes this Confession of Judgment pursuant to Minnesota Statutes § 548.22, and as for such purpose, states and agrees as follows: 1. This Confession of Judgment is for a debt due and owing to the City based on the facts set forth herein. 2. The City is a Minnesota municipal corporation. 3. The PROP Shop of Eden Prairie is a Minnesota non-profit corporation with its 12 principal place of business located in Hennepin County, Minnesota. 4. On September 17, 2019, the City and Defendant executed the Agreement whereby the City provided Defendant $20,000.00 for rehabilitation work on certain real property owned by the Defendant and described therein. The purpose of the grant was to pay for work which would improve the conditions relating to the health, safety, and energy efficiency of the real property. 5. The Agreement provided that the Defendant would repay the $20,000.00 to the City if: (a) the subject real property was sold, transferred, or conveyed within 3 years of the date of the Agreement; (b) if the Defendant failed to use the subject real property, for any reason, within 3 years of the date of the Agreement; or (c) if the Defendant ceases operations, for any reason, within 3 years of the date of the Agreement. Upon the occurrence of any of these events Defendant promised to immediately repay $20,000.00, less amounts previously paid, and attorney’s fees, to the City. 6. The Agreement also provided that: (a) a failure to cure a breach of any term or condition in the Agreement, including those set forth above in paragraph 6; (b) an incorrect or misleading representation or warranty made by the Defendant, (c) the adjudication of Defendant as bankrupt by a court of competent jurisdiction, or (d) the filing of a bankruptcy petition or general assignment for the benefit of creditors, constitutes a default of the of the Agreement. In the event of a default, the Defendant promised to immediately repay $20,000.00, less amounts previously paid, and attorney’s fees, to the City. 7. Defendant states that it has reviewed this Confession with counsel, or has had the opportunity to review this Confession with counsel, and that it knowingly executes the same. 13 8. The sum of $20,000.00, less any amounts already paid by Defendant to the City under the terms of the Agreement is justly due, and Defendant hereby authorizes the entry of judgment against it for said amount and attorney’s fees, and Defendant hereby confesses judgment for such amount and authorizes entry of judgment against it without further delay, and in favor of the City in said amount. 9. The Court Administrator may enter judgment in favor of the City and against Defendant without further delay. We have executed this Confession of Judgment on the dates set forth opposite our names. Dated: ______________, 2019 The PROP Shop of Eden Prairie, a Minnesota non-profit corporation By: __________________________________ Cindy Eddy Its: Executive Director 14 VERIFICATION STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) I, Cindy Eddy, the Executive Director of The PROP Shop of Eden Prairie, being first duly sworn on oath, state that The PROP Shop of Eden Prairie is a defendant in the above-named matter, and that I have read the foregoing Confession of Judgment and know the contents thereof, that the same is true of my own knowledge, except for those things stated on information and belief and as to those things I believe them to be true. The PROP Shop of Eden Prairie By: ________________________________ Cindy Eddy Its: Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing Confession of Judgment was signed, verified and acknowledged before me, a Notary Public, on this ______ day of ___________________, 2019 by Cindy Eddy, the Executive Director of The PROP Shop of Eden Prairie. ____________________________ Notary Public CITY COUNCIL AGENDA SECTION: Consent DATE: September 17, 2019 DEPARTMENT/DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Flying Cloud Ball Fields Lease Agreement Amendments with Metropolitan Airports Commission ITEM NO.: VIII.G. Requested Action Move to: Approve the amendments to the lease agreements with the Metropolitan Airports Commission for the Flying Cloud Ball Fields. Synopsis The Metropolitan Airports Commission (MAC) owns land known as Flying Cloud Fields and Flying Cloud Expansion. For many years, this land has been leased by the City of Eden Prairie and used by residents for baseball, soccer and lacrosse. The term of the lease is for one year. The rent payment is the same as last year, plus a 3% increase totaling $4,566.72. The leases have been approved by MAC and they would like to execute it as soon as possible. Recommendation The MAC property - Flying Cloud Fields and Flying Cloud Expansion Lease Agreements have been prepared and reviewed by both City and MAC staff. The terms of the leases are in line with the agreed use conditions and staff recommends that both be approved by the City Council. Attachments Amendment to Lease Agreement – Athletic Fields Amendment to Lease Agreement – Athletic Fields Expansion Area CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: September 17, 2019 DEPARTMENT/DIVISION: Patrick Sejkora Public Works / Engineering ITEM DESCRIPTION: I.C. 18830 Award Contract for the Sheldon Avenue Storm Sewer Improvements Project to G.L. Contracting, Inc. ITEM NO.: VIII.H. Requested Action Move to: Award contract for the Sheldon Avenue Storm Sewer Improvements Project to G.L. Contracting, Inc. in the amount of $149,967.80. Synopsis Sealed quotes were received on Tuesday September 10, 2019 for this project. Two (2) quotes were received and are summarized below. The low bid in the amount of $149,967.80 was submitted by G.L. Contracting, Inc. and is approximately 53% above the Engineer’s Estimate. Bid prices were checked for accuracy and balance. Staff recommends awarding the contract for the project to G.L. Contracting, Inc. in the amount of $149,967.80. Bidder Estimate G.L. Contracting Inc. $149,967.80 G.F. Jedlicki, Inc. $168,964.00 Background Information This project aims to improve drainage at Sheldon Avenue. The existing storm sewer draining Westgate Trail runs through a drainage and utility easement behind several residential homes before discharging to a wetland. A downstream length of this storm sewer is undersized and frequently surcharges, causing nuisance flooding in the backyards of homes on Sheldon Avenue. The upsizing of approximately 450 feet of undersized storm sewer is designed to mitigate the frequent surcharging of the system. The project is anticipated to be complete by the fall of 2019, with some restoration potentially performed in Spring 2020. Financial Implications The project will be funded with the Capital Improvement Plan. Attachments Contract Contractor Verification Form 2018 08 01 Construction Contract This Contract (“Contract”) is made on the _____day of______________, 20____, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and G.L CONTRACTING, INC., a Minnesota Corporation (hereinafter "Contractor") whose business address is 4300 Willow Drive, Medina, Minnesota 55340. . Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of services by Contractor for Removal/Clearing/Grubbing, Installation of storm sewer, installation of manholes, and restoration hereinafter referred to as the "Work". The City and Contractor agree as follows: 1.Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, contractor or industry proposal, or contract terms attached toor a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be ineffect in any manner. 2.Time of Commencement and Completion. The Work to be performed under this Contract shall be commenced immediately after execution of this Contract. The Work shall becompleted by October 31, 2019, with restoration of vegetation completed by May 31, 2020as needed. 3.Compensation for Services. City agrees to pay the Contractor a fixed sum of $149,967.80 as full and complete payment for the labor, materials and services rendered pursuant to thisContract and as described in Exhibit A. a.Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additionalcompensation for services that do not have prior written authorization. b.If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time forperformance shall be extended by a period of time lost by reason of the delay.Contractor will be entitled to payment for its reasonable additional charges, if any,due to the delay. Standard Construction Contract 2018 08 01 Page 2 of 12 4.Method of Payment. The Contractor shall submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted shall be paidin the same manner as other claims made to the City. a.Invoices. Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Contractor shall provide an itemized listing and suchdocumentation as reasonably required by the City. Each invoice shall contain theCity’s project number and a progress summary showing the original (or amended)amount of the contract, current billing, past payments and unexpended balance of the contract. Each invoice shall be accompanied by general lien waiver and further lien waivers from all subcontractors on the project waiving liens for work for whichpayment was requested by Contractor and paid for by City on the preceding invoice. b.Claims. To receive any payment on this Contract, pursuant to Minn. Stat. 471.38, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct andthat no part of it has been paid.” c.Final Payment. Contractor’s request for final payment shall be accompanied by Contractor’s affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or its property might in anyway be responsible, have been paid or otherwise satisfied. Final payment,constituting the entire unpaid balance of the Contract Sum, shall be paid by the Cityto the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work in writing. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made inwriting and identified by the Contractor as unsettled at the time of Application forFinal Payment. d.Income Tax Withholding. No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and eachof its subcontracts has complied with the provisions of Minn. Stat. Section 290.92relating to withholding of income taxes upon wages. A certificate by theCommissioner of Revenue shall satisfy this requirement. 5.Standard of Care. Contractor shall exercise the same degree of care, skill and diligence inthe performance of its services as is ordinarily exercised by members of the profession undersimilar circumstances in Hennepin County, Minnesota. Contractor shall be liable to thefullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not beresponsible for delays caused by factors beyond its control or that could not be reasonablyforeseen at the time of execution of this Contract. Contractor shall be responsible for costs,delays or damages arising from unreasonable delays in the performance of its duties. Standard Construction Contract 2018 08 01 Page 3 of 12 6.Project Manager and Staffing. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on theProject. The Project Manager shall be assisted by other staff members as necessary tofacilitate the completion of the Work in accordance with the terms established herein.Contractor may not remove or replace the Project Manager without the approval of the City. 7.Condition and Inspection. All goods and other materials furnished under this Contract shallbe new and in current manufacture, unless otherwise specified, and all goods and work shallbe of good quality, free from faults and defects and in conformance with this Contract. Allgoods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor’s expense. 8.Correction of Work. The Contractor shall promptly correct all Work rejected by the City asdefective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. 9.Warranty. The Contractor expressly warrants and guarantees to the City that all Workperformed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of theContract, from the date of City’s written acceptance of the Work. The City’s rights under theContractor’s warranty are not the City’s exclusive remedy. The City shall have all otherremedies available under this Contract, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. Standard Construction Contract 2018 08 01 Page 4 of 12 10.Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to alltrees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.;all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof;and all other public or private property along or adjacent to the work. 11.Removal of Construction Equipment, Tools and Supplies. At the termination of thisContract, before acceptance of the Work by the City, the Contractor shall remove all ofContractor’s equipment, tools and supplies from the property of the City. Should theContractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor. 12.Suspension of Work by City. The City may at any time suspend the Work, or any partthereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumedby the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City’s suspension of all or part of the Work causes additional expenses not due to the fault or negligence of the Contractor, the City shall reimburse theContractor for the additional expense incurred due to suspension of the work. Claims for suchcompensation, with complete substantiating records, shall be filed with the City within ten (10)days after the date of order to resume Work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement weather, failure to furnish additional surety or sureties specified herein, for suspension made atthe request of the Contractor, or for any other delay provided for in this Contract. 13.City’s Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the City may, after ten (10) days written notice to the Contractor and without prejudice to anyother remedy the City may have, make good such deficiencies. In such case an appropriateChange Order shall be issued deducting from the payment then or thereafter due theContractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City. 14.City’s Right to Terminate Contract and Complete the Work. The City has the right toterminate this Contract for any of the following reasons: a.The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent; b.Failure of Contractor to supply adequate properly skilled workmen or proper materials; c.Failure of Contractor to make prompt payment to subcontractor for material or labor; d.Any disregard of laws, ordinances or proper instructions of the City; e.Assignment or work without permission of the City; Standard Construction Contract 2018 08 01 Page 5 of 12 f.Abandonment of the work by Contractor; g.Failure to meet the work progress schedule set forth in this Contract; h.Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time. Termination of the Contract shall be preceded by ten (10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of termination. Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the Contractor’s expense. Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor shall pay the difference to the City. In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. 15.Contractor’s Right to Terminate Contract. The Contractor may terminate this Contractupon ten (10) days written notice to the City for any of the following reasons:a.If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its employees. b.If the City should fail to pay any undisputed sum owed Contractor within forty-five(45) days after the sum becomes due. 16.Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shallagree to be bound by the terms of this Contract as far as applicable to its work, unlessspecifically noted to the contrary in a subcontract approved in writing as adequate by the City. Standard Construction Contract 2018 08 01 Page 6 of 12 The Contractor shall pay any subcontractor involved in the performance of this Contract within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 17.Responsible ContractorContractor warrants under oath that Contractor is in compliance with the minimum criteriarequired of a “responsible contractor” as that term is defined in Minnesota Statutes §16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors and motor carriers that it intends to retain for work on the project. The Contractor has obtained from all subcontractors and motor carriers with which it will have a directcontractual relationship a signed statement under oath by an owner or officer verifying thatthe subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. IfContractor retains additional subcontractors or motor carriers on the project after submitting its verification of compliance, the Contractor shall obtain verification of compliance from each additional subcontractor and motor carrier with which it has a direct contractualrelationship and shall submit to the City a supplemental verification confirming thesubcontractor’s and motor carrier’s compliance with subdivision 3, clause (7), within 14 daysof retaining the additional subcontractors or motor carriers. Contractor shall submit to the City upon request copies of the signed verifications of compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A falsestatement under oath, by Contractor, subcontractor, or motor carrier, verifying compliancewith any of the minimum criteria may result in termination of the Contract. 18.Independent Contractor. Contractor is an independent contractor engaged by City toperform the services described herein and as such (i) shall employ such persons as it shalldeem necessary and appropriate for the performance of its obligations pursuant to thisContract, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall beconstrued so as to find the Contractor an employee of the City. 19.Insurance.a.General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out ofoperations by Contractor or by any subcontractor or by anyone employed by any ofthem or by anyone for whose acts any of them may be liable. Such insurance shallinclude, but not be limited to, minimum coverages and limits of liability specified in Standard Construction Contract 2018 08 01 Page 7 of 12 this Paragraph, required by law, or the insurance coverage actually obtained by Contractor, whichever is greater. b.Contractor shall procure and maintain the following minimum insurance coveragesand limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c.Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shallcover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under aninsured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground propertydamage or work performed by subcontractors. d.Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e.All policies, except the Worker’s Compensation Policy, shall name the “City of EdenPrairie” as an additional insured. f.All policies, except Worker’s Compensation Policy, and Professional Liability Policy,shall name the “City of Eden Prairie” as an additional insured including products andcompleted operations. Standard Construction Contract 2018 08 01 Page 8 of 12 g.All polices shall contain a waiver of subrogation in favor of the City. h.All General Liability policies, Automobile Liability policies, and Umbrella policiesshall contain a waiver of subrogation in favor of the City. i.All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract. j.Contractor agrees to maintain all coverage required herein throughout the term of theContract and for a minimum of two (2) years following City’s written acceptance ofthe Work. k.It shall be Contractor’s responsibility to pay any retention or deductible for thecoverage’s required herein. l.All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation ornon-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. m.Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to dobusiness in the state in Minnesota and having a current A.M. Best rating of no lessthan A-, unless specifically accepted by City in writing. n.A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start ofContractor’s Work. Upon request a copy of the Contractor’s insurance declarationpage, Rider and/or Endorsement, as applicable shall be provided. Such documentsevidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any ofthe required policies. City will not be obligated, however, to review such Certificateof Insurance, declaration page, Rider, Endorsement or certificates or other evidenceof insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves theright to examine any policy provided for under this paragraph. o.Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability andexpense (including reasonable attorney's fees and expenses of litigation) to the extentnecessary to afford the same protection as would have been provided by the specifiedinsurance. Except to the extent prohibited by law, this indemnity applies regardless of Standard Construction Contract 2018 08 01 Page 9 of 12 any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 20. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract (“Information”) shall become the property of the City, but Contractor may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 22. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the Standard Construction Contract 2018 08 01 Page 10 of 12 American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 24. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 25. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 26. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 27. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 28. Damages. In the event of a breach of this Contract by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 29. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 30. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 31. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral Standard Construction Contract 2018 08 01 Page 11 of 12 agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 32. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 33. Non-Discrimination. During the performance of this Contract, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 34. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 35. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 36. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 37. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. Standard Construction Contract 2018 08 01 Page 12 of 12 38. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract shall contain similar Data Practices Act compliance language. 39. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of the remainder of this Contract. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager CONTRACTOR By: ________________________________ Its: ________________________________ EXHBIIT A (1) Legal and Procedural Documents a.Advertisement for Bids b.Instruction to Bidders b.Proposal Form c.Construction Short Form Agreement d.Contractor's Performance Bond e.Contractor's Payment Bond (2) Special Conditions (3) Detail Specifications (4) General Conditions (5) Plans (6) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. CITY OF EDEN PRAIRIE DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION August, 2019 QUOTE AND CONTRACT DOCUMENTS FOR SHELDON AVENUE STORM SEWER IMPROVEMENTS Improvement Contract #18830 Quotes Due: September 10, 2019 Eden Prairie City Center Engineering Division 8080 Mitchell Road Eden Prairie, MN 55344 INSTRUCTION TO CONTRACTORS, SPECIFICATIONS AND SPECIAL CONDITIONS FOR SHELDON AVENUE STORM SEWER IMROVEMENTS CITY OF EDEN PRAIRIE, MINNESOTA 1. SCOPE OF WORK The work to be done under this Contract shall include the furnishing of all labor, equipment and all else necessary to satisfactorily clear and grub existing trees and vegetation, install storm sewer piping and structures, restore disturbed areas, and install replacement trees to specifications and as shown on the plans prepared by the CITY OF EDEN PRAIRIE. 2. START DATE, COMPLETION DATE AND LIQUIDATED DAMAGES Contractor must not begin construction operations before Contract Approval. Contractor must complete all work required under this contract by October 31, 2019 or within 45 calendar days of initiation of construction activities, whichever date occurs first. Restoration of vegetation may extend into May 2020 as needed. Five hundred dollars ($500.00) will be deducted from any money due the Contractor for each and every calendar day that the work remains uncompleted beyond the completion date as noted. 3. PRE-CONSTRUCTION CONFERENCE Prior to the start of any work, there will be a pre-construction meeting that will be required. Representatives of the City, the Contractor and Project Foreman shall be present at the meeting. 4. WORKING HOURS Working hours shall be from 7:00am – 7:00pm Monday through Friday. Any deviation from these hours must be submitted in writing and approved by the Engineer. 5. GENERAL CONTRACTOR INFORMATION General construction requirements include the following: a) Finished surface shall drain properly, leaving no bird baths deeper than ½”. 6. PERMITS The Contractor shall not begin work until all necessary permits have been obtained, unless otherwise directed by the City. The Contractor shall comply with all terms of the permits. 7. CONSTRUCTION STAKING Construction staking shall be provided by the City. A one-time layout of stakes shall consist of alignment and grades. The Contractor shall take every precaution to protect the stakes. The Contractor shall give a minimum of 48 hours’ notice prior to when construction stakes are needed. Any re-staking shall be at the Contractors expense. 8. TRAFFIC CONTROL Traffic control shall be the responsibility of the contractor, which shall include all flagging, barricades, warning signs and traffic cones to maintain, control, safeguard vehicle and pedestrian traffic and the adjacent residents and adequately protect the work. The Contractor shall maintain existing barricades and provide additional barricades for the exclusion of public traffic from hazardous or closed areas, immediately adjacent to and/or leading directly into the construction area. Payment for traffic control shall be incidental to the work. 9. EXISTING UTILITIES It is the contractor's responsibility to determine and verify the location of all utilities. The Contractor shall determine the exact locations as the work proceeds. Excavation work shall be done carefully so as to avoid damaging the existing utilities. The Contractor shall determine to what extent any utilities, will affect the work and shall be responsible for their location, protection and repair where necessary. It shall be the responsibility of the Contractor to make the required contacts and coordinate the work with the utility companies. The Contractor shall receive no additional compensation due to delays caused by the utility companies. 10. MISCELLANEOUS OBSTRUCTIONS The Contractor shall provide for protection, temporary removal and replacement or relocation of obstructions including but not limited to signs, fences, mail boxes and landscaping as required for the performance of the work in these Contract Documents or as directed by the City. After final grading, all items shall be replaced in their original or new location and shall be in as good or better condition than when the job commenced. Existing materials shall be reused where possible. Coordinate all work with property owners. All work regarding miscellaneous obstructions shall be incidental to the contract. 11. PRIVATE PROPERTY All work as shown shall be performed within the public right of way, drainage and utility easement, or temporary construction easement shown on the Plans. If it is necessary or desirable that the Contractor use land outside of City right-of-way or easements, the Contractor shall obtain consent from, and shall execute a written agreement with, the owner and tenant of the land. The Contractor shall not enter for or occupy for any purpose, including parking, any private property outside the designated right-of-ways or easements without written permission from the owner and tenant. The cost of restoration of any work done outside of the public right of way, drainage easement, or temporary easement shown on plans shall be paid by the Contractor. 12. SITE PROTECTION The Contractor shall install, inspect and maintain erosion control measures at all times as shown on the Plans or as directed by the City. Performance of temporary erosion control work will not relieve the Contractor of responsibility for any damage claims which may arise due to erosion or siltation. All areas altered because of construction must be restored per these specifications within two (2) weeks after completion of construction. Inlet protection shall be placed to protect the storm sewer system and shall be paid per each inlet protected at the unit bid prices. The price shall include installation, maintenance and removal. Sediment Control Log Type Wood Fiber shall be placed to prevent sedimentation as shown on the Plans. Payment for the Sediment Control Log Type Wood Fiber shall be by linear foot, and the price shall include installation, maintenance, and removal. The Contractor shall remove all debris from the roadway at the end of each work day leaving the roadway in a clean condition in accordance with the City’s “Erosion Control Policy.” This shall include excavated materials, sand, etc. A pick-up type sweeper with water shall be used to control dust and debris in the roadway. Payment for street sweeping shall be considered incidental to the project. Contractor shall be responsible for removal of all temporary erosion control when turf is firmly established. Contractor shall be responsible for any additional restoration required due to erosion sustained during the project. Restoration must meet approved City standards. The Contractor shall provide for and be responsible for protection of existing pavements, utilities, fencing, etc. All existing materials, surfaces, sod, etc., which are damaged by the Contractor outside the construction limits shall be repaired and restored to an original and functional condition at no cost to the City. All work areas shall be returned to a condition equal to or better than was in existence at the beginning of the project. All construction debris, including excavated soils, shall be removed and disposed of in a manner satisfactory to the City. A rock construction entrance shall be installed and maintained throughout the duration of the project at the site access off of Westgate Trail. Payment for rock construction entrance shall be by the each. 13. CLEARING AND GRUBBING The Contractor shall remove and dispose of trees and plant life under the provisions of MnDOT 2101 as required to facilitate construction. Trees that are to be removed or preserved will be determined and marked by the Engineer after a field review of construction area with the Contractor. The Contractor shall be responsible for protecting all trees marked for preservation during and prior to construction. The Contractor shall install a minimum four (4) foot high orange construction fence for tree protection prior to construction as shown on the plans or as directed by the Engineer. Where overhanging branches of trees (not designated for removal) create inadequate clearance for construction equipment the Contractor shall prune overhanging branches and limbs under the direction of the Engineer and City Forester. The Contractor shall immediately repair all minor damage to trees and shrubs caused by his construction by cutting off all damage and loose bark. Broken limbs shall be repaired by cutting back to the next largest branch or tree trunk. When excavating in close proximity to trees and shrubs is necessary, the Contractor shall take all necessary precaution to minimize damaging the roots. If roots are unavoidably or inadvertently cut, the Contractor shall be required to compensate for the root loss by pruning (depending upon the severity of the damage) and by watering. Where main support roots are cut, the Contractor shall anchor the tree from blow over with properly constructed guy wires. When limbs, trunks or roots of trees or shrubs not designated for removal are severely damaged, the City Forester shall be contacted to determine the course of action to be taken. If, in the opinion of the City Forester, the tree or shrub can be saved, the Contractor shall take whatever measures prescribed by the City Forester to save the tree. If the tree or shrub is damaged beyond repair, the Contractor shall be required to replace the tree or shrub or compensate the owner by reasonable and acceptable means. Clearing and grubbing shall be paid on a per acre basis, including all tree and brush removal shown on the plans, and pruning as required for construction. Construction fence shall be paid per linear foot installed at the unit price bid. 14. IRRIGATION AND PET CONTAINMENT SYSTEMS REPAIR The City shall attempt to field verify existing irrigation and/or pet containment systems in the project area prior to construction and notify the Contractor of such known systems. The Contractor shall avoid or minimize disturbance to existing systems during construction. Property owners must be notified immediately by the Contractor of any disturbances of existing systems. Irrigation and pet containment system damaged by the Contractor shall be repaired to the satisfaction of the owner at the Contractors expense. All new irrigation and pet containment system components shall match the existing systems. Irrigation and pet containment systems repair shall be paid per lot system that requires repairs at the unit prices bid. 15. EXCAVATION WORK REQUIREMENTS All areas to be graded shall be stripped of topsoil, roots, and other organic material. Topsoil shall be stockpiled for future use. Excavation limits shall be observed and verified by the Engineer. All excess excavated materials and debris including tree stumps, fallen trees, pipe, concrete, and bituminous shall be disposed off-site with no additional compensation for said work. Grading requirements include restoring the site to the elevations indicated on the plans. Prior to the placement of the seed, all holes, depressions, and rivulets shall be filled in and brought to a smooth grade. Excavation and embankment shall be in compliance with MnDOT 2105 and in accordance with the Geotechnical Engineers recommendations. Backfill shall be placed in 8-inch thick lifts and compacted to a minimum of 95 percent of standard Proctor density (ASTM D 698). The exception is within three (3) feet vertically of any pavement subgrades, where the minimum compaction level shall be increased to 100 percent. The fill and backfill shall be within three (3) percentage points of its optimum moisture content. Fill placed on existing embankments shall be benched into the slopes at regular intervals (three (3) to five (5) feet) to key the fill into the slope. Each bench shall be a minimum of six (6) feet wide. The subgrade shall be prepared in conformance with MnDOT Specification 2105 and 2112. The Contractor will be required to scarify, dry as necessary and recompact the top 12 inches of the subgrade to produce the required density and stability. The Contractor shall conform to all safety codes. All trench excavation shall be in compliance with applicable requirements of governing authorities including OSHA requirements. On-site materials shall be used for trench backfill when acceptable. Imported granular fill for use in the roadway shall be sand-gravel material as specified in the Standard Detail Specifications. Common borrow for use in areas outside the roadway shall be a lean clay. Grading shall be incidental to the pipe work. Payment will be made for imported fill materials at the unit prices bid. Weight tickets shall be submitted to the Engineer upon request . 16. PIPE BEDDING Wherever native soil or material under existing pipe is not suitable for pipe bedding, in the opinion of the Engineer, binder stone or sand gravel mixture (See Standard Detail Specifications, EIR-6) shall be used, measured in tons and paid for at the unit price bid. Payment for bedding materials shall include costs for excavation, compacting, and disposal in accordance with the Standard Detail Specifications. Subcut limits shall be verified by the Geotechnical Engineer and bucket tamped prior to placing bedding material. 17. RIPRAP Riprap shall be neatly placed in accordance with MnDOT 2511 and as shown on the plans. MnDOT Type IV geotextile filter shall be placed under all riprap in accordance with MnDOT 3733 and 3601. Payment for riprap shall be by the cubic yard. Geotextile shall be incidental to the unit price bid for riprap. 18. PLACEMENT OF TOPSOIL, SOD, AND SEED A minimum of six (6) inches of MnDOT topsoil and either seed or cultured sod shall be placed where grassed areas have been disturbed by construction, as directed by the Engineer. Payment for sod and six (6) inches topsoil will be based on the unit price bid per square yard of sod placed. Sod shall be placed and maintained in accordance with MnDOT 2575 specifications. Sod, seed and topsoil types shall be determined by the Engineer and follow the requirements of MnDOT 3877 and 3878. In seeded areas, the standard seed mix shall be determined by engineer and spread at a rate applicable to MnDOT 2575. Erosion control blanket meeting the requirements of MnDOT 3885 shall also be used. The Contractor shall submit product literature, including manufacturer’s installation guide for erosion control blanket to the Engineer seven (7) days prior to the installation of the blanket. Topsoil shall be spread no more than forty-eight (48) hours before seeding operations begin. Topsoil shall meet the requirements of MnDOT 3877 and shall be natural, fertile, friable soil capable of sustaining vigorous plant growth and shall be free of roots, weeds, rocks, gravel and debris. Contractor shall provide proof that topsoil meets these requirements prior to placing material. Onsite topsoil shall be used where possible. If existing topsoil quantities are not sufficient, as determined by the Engineer, topsoil borrow shall be imported and be paid per cubic yard at the unit bid price, measured by loose volume. The Contractor shall be responsible for turf establishment in a timely matter prior to weed growth and soil erosion. The Contractor shall provide maintenance and watering necessary to ensure turf establishment. If turf establishment is less than 70% after thirty (30) growing days, the Contractor shall reseed the areas at no additional cost until 70% establishment is achieved. Payment for each seed mix shall be made per pound covered at the unit price. Payment for erosion control blanket shall be made per square yard covered at the unit price bid. 19. LANDSCAPE PLANTING Plant materials shall be well formed and shaped, true to type and free from disease, insects and defects such as knots, sunscald, windburn, injuries, abrasion or disfigurement. If specified landscape material is not obtainable, submit proof of non-availability to Engineer, together with proposal for use of equivalent material. Plant trees and shrubs after final grades are established and prior to planting of lawns, unless otherwise acceptable to Owner’s representative. If planting of trees and shrubs occurs after lawn work, protect lawn areas and promptly repair damage to lawns resulting from planting operations. Dig and prepare for shipment in manner that will not damage roots, branches, shape and future development after replanting. Dig “B&B” plants with root systems as solid units and with balls of earth firmly and securely wrapped. Plants with cracked, broken or loosely wrapped balls will be rejected. Lift and handle plants from bottom of ball. The ball of natural earth in which they are growing shall not be broken or artificially formed by mudding-in. Plant material may be inspected at the growing site and tagged or otherwise approved for delivery. Inspection at growing site does not preclude right of rejection at site. Protect during delivery to prevent damage to root ball or desiccation. Notify Owner’s representative of delivery schedule in advance so plant material may be inspected upon arrival at job site. Remove unacceptable plant material immediately from job site. Planting soil used to backfill planting beds and trees shall be a prepared mixture of topsoil, fine sand and MnDOT 3890 Grade 2 compost, in equal parts. Guy stake trees on steep slopes or as needed. Prune minimum necessary to remove injured twigs and branches, deadwood and suckers. Trees shall not be topped. Stake out locations for shrub beds and trees on the ground for approval by the Owner’s representative prior to plant installation. Do not begin excavation until stake out of plant locations are acceptable to Owner. The general form of the planting bed shall be staked out and excavating performed within the stakes. Mulch all shrub beds and trees with 4” depth of shredded hardwood mulch. Provide sufficient water for newly installed and transplanted trees by installing, watering and maintaining watering bags at each tree and shrub. The Owner’s representative will conduct final observation of planting upon receipt of Contractor’s completion notification. Transplanted trees, installed trees and shrubs shall be maintained and guaranteed for one year after final acceptance and shall be alive and in satisfactory condition at the end of the establishment period. Plant establishment and maintenance shall be the responsibility of the Contractor for one month following final restoration and may include watering, weeding, pruning, replenishment of mulch and fertilizing to maintain health, vigorous plants, free of harmful insects, fungi, and disease. Do not spray insecticides, pesticides or herbicides without prior approval from the Owner’s representative. Water installed and transplanted plants throughout the establishment period to maintain soil moisture of one-inch of water per week. Remove tree staking and guying materials, and watering bags if installed, before the end of the establishment period. Any shrub or tree installed under this contract that is dead or not in satisfactory condition, as determined by the engineer, with the exception of damage due to vandalism, shall be replaced during the next normal planting season. All replacements shall be shrubs and trees of the same kind and size as specified in the plant list. Replacement costs shall be the responsibility of the Contractor. Replacement plantings required prior to the end of the guarantee period are to be guaranteed through the original guarantee period and one year after date of final restoration. 20. BASIS OF PAYMENT The storm sewer and its appurtenances shown in the Plans shall be paid for unit bid price on the completed Proposal form. The prices are to include the furnishing of all materials, plant, equipment, tools, and all other facilities and the performing of all labor and services necessary or proper for the completion of the work. The quantities of work as shown in the Proposal are approximate and are subject to reasonable increase or decrease and offer to do the work at the unit prices stated in the accompanying schedule whether the quantities are increased or decreased. 21. INSURANCE AND INDEMNIFICATION: 1. Insurance a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 10 01, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured on ISO forms CG 20 10 10 01 and CG 20 37 10 01, or their equivalent. f. All policies shall apply on a “per project” basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies shall be primary and non-contributory. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract. j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverages required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 2. Indemnification. Contractor will indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 22. MISCELLANEOUS 23.1 Data Practices Act. The Contracting Party shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. 1301, et seq., to the extent that the Act is applicable to data and documents in the hands of the Contractor. 23.2 Audits. The books, records, documents, and accounting procedures and practices of the Contractor or other parties relevant to this agreement are subject to examination by the City and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this Contract. 23.3 Income Tax Withholding. No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 23.4 Worker's Compensation. Contractor represents and warrants that it has and will maintain during the performance of this agreement worker's compensation insurance coverage required pursuant to Minn. Stat. 176.181, subd. 2 and that the certificate of insurance or the written order of the Commissioner of Commerce permitting self insurance of worker's compensation insurance coverage provided to the City prior to execution of this agreement is current and in force and effect. 23.5 Discrimination. In performance of this contract, the Contractor shall not discriminate on the grounds of or because of race, color, creed, religion, national origin, sex, marital status, status with regards to public assistance, disability, sexual orientation, or age against any employee of the Contractor, any subcontractor of the Contractor, or any applicant for employment. The Contractor shall include a similar provision in all contracts with subcontractors to this contract. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minn. Stat. 363.01, et seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 23.6 Conflicts. No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 23.7 Claims. To receive any payment on this Contract, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 23.8 Contractor's Prompt Payment of Subcontractors. The Contractor shall pay to any sub-contractor within ten (10) days of the Contractor's receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor shall pay interest of one and a half percent (1-1/2%) per month or any part of a month to a subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual amount due to the subcontractor. 23.9 Limitation of Remedies. In the event of a breach of the Contract by City, the Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 23. RESPONSIBLE CONTRACTOR To be eligible to be awarded this contract, each bidder must submit a signed statement, under oath, verifying that it is a “responsible contractor” as that term is defined in Minnesota Statutes § 16C.285, subdivision 3. To be a “responsible contractor,” a contractor must be in compliance with the following minimum criteria: (1) the contractor: (i) is in compliance with workers’ compensation and unemployment insurance requirements; (ii) is in compliance with Department of Revenue and the Department of Employment and Economic Development registration requirements if it has employees; (iii) has a valid federal tax identification number or a valid Social Security number if an individual; and (iv) has filed a certificate of authority to transact business in Minnesota with the secretary of state if a foreign corporation or cooperative; (2) the contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated Minnesota Statutes sections 177.24, 177.25, 177.41 to 177.44, 181.13, 181.14, or 181.722, and has not violated the United States Code, title 29, sections 201 to 219, or United States Code, title 40, sections 3141 to 3148. For purposes of this clause, a violation occurs when a contractor or related entity: (i) repeatedly fails to pay statutorily required wages or penalties on one or more separate projects for a total underpayment of $25,000 or more within the three-year period, provided that a failure to pay is “repeated” only if it involves two or more separate and distinct occurrences of underpayment during the three-year period; (ii) has been issued an order to comply by the commissioner of labor and industry that has become final; (iii) has been issued at least two determination letters within the three-year period by the Department of Transportation finding an underpayment by the contractor or related entity to its own employees; (iv) has been found by the commissioner of labor and industry to have repeatedly or willfully violated any of the sections referenced in this clause pursuant to section 177.27; (v) has been issued a ruling or findings of underpayment by the administrator of the Wage and Hour Division of the United States Department of Labor that have become final or have been upheld by an administrative law judge or the Administrative Review Board; or (vi) has been found liable for underpayment of wages or penalties or misrepresenting a construction worker as an independent contractor in an action brought in a court having jurisdiction. Provided that, if the contractor or related entity contests a determination of underpayment by the Department of Transportation in a contested case proceeding, a violation does not occur until the contested case proceeding has concluded with a determination that the contractor or related entity underpaid wages or penalties; (3) the contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated Minnesota Statutes section 181.723 or chapter 326B. For purposes of this clause, a violation occurs when a contractor or related entity has been issued a final administrative or licensing order; (4) the contractor or related entity has not, more than twice during the three-year period before submitting the verification, had a certificate of compliance under Minnesota Statutes section 363A.36 revoked or suspended based on the provisions of section 363A.36, with the revocation or suspension becoming final because it was upheld by the Office of Administrative Hearings or was not appealed to the office; (5) the contractor or related entity has not received a final determination assessing a monetary sanction from the Department of Administration or Transportation for failure to meet targeted group business, disadvantaged business enterprise, or veteran-owned business goals, due to a lack of good faith effort, more than once during the three-year period before submitting the verification; (6) the contractor or related entity is not currently suspended or debarred by the federal government or the state of Minnesota or any of its departments, commissions, agencies, or political subdivisions that have authority to debar a contractor; and (7) all subcontractors and motor carriers that the contractor intends to use to perform project work have verified to the contractor through a signed statement under oath by an owner or officer that they meet the minimum criteria listed in clauses (1) to (6). Any violations, suspensions, revocations, or sanctions, as defined in clauses (2) to (5), occurring prior to July 1, 2014, shall not be considered in determining whether a contractor or related entity meets the minimum criteria. Any prime contractor, subcontractor, or motor carrier that does not meet the minimum criteria in Minn. Stat. § 16C.285, subd. 3, which section is set forth above, fails to verify compliance with any one of the required minimum criteria, or makes a false statement under oath verifying compliance is not a “responsible contractor” and is not eligible to be awarded a construction contract for the project or to perform work on the project. A false statement under oath verifying compliance with any of the minimum criteria may result in termination of a contract awarded to a prime contractor, subcontractor, or motor carrier that submits a false statement. A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first-tier subcontractors that it intends to retain for work on the project. Prior to execution of a construction contract, and as a condition precedent to the execution of a construction contract, the apparent successful prime contractor shall submit to the contracting authority a supplemental verification under oath confirming compliance with subdivision 3, clause (7). Each contractor or subcontractor shall obtain from all subcontractors with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that they meet all of the minimum criteria in subdivision 3 prior to execution of a construction contract with each subcontractor. If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verification of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors. A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A Responsible Contractor Verification form is provided with the bid documents. Each bidder must submit the form with its proposal. PROPOSAL FORM 2019 SHELDON AVENUE STORM SEWER IMPROVEMENTS I.C. 18830 The undersigned has examined and understands the attached Specification and hereby proposes to furnish all labor, equipment and all else necessary to install storm sewer pipe and structures in accordance with said Specifications at the unit price listed below. Estimated Quantity Unit Price Amount 1 Mobilization 1 $_______/LS $________ 2 Remove Storm Sewer 455 $_______/LF $________ 3 Remove Storm Structures 3 $_______/EA $________ 4 Remove Pipe Apron 1 $_______/EA $________ 5 Salvage Chain Link Fence 115 $_______/LF $________ 6 4' Orange Construction fence 50 $_______/LF $________ 7 Clearing and Grubbing 0.25 $_______/AC $________ 8 Sand-Gravel Material 57 $_______/TON $________ 9 Connect to Existing Storm Sewer 1 $_______/EA $________ 10 24" HDPE Storm Sewer Pipe 442 $_______/LF $________ 11 30" RCP Storm Sewer Pipe 13 $_______/LF $________ 12 30" RCP Apron with Trash Guard 1 $_______/EA $________ 13 48" Dia. Storm Sewer CB/MH 2 $_______/EA $________ 14 60" Dia. Storm Sewer CB/MH 1 $_______/EA $________ 15 Casting Assembly R-4342 3 $_______/EA $________ 16 Riprap Cl 3 16 $_______/CY $________ 17 8' Eastern Red Cedar 5 $_______/EA $________ 18 8' White Fir 8 $_______/EA $________ 19 8' White Pine 7 $_______/EA $________ 20 Category 3N Erosion Control Mat 225 $_______/SY $________ 21 Seedmixture 35-241 3 $_______/LB $________ 22 Fertilizer Type 4 9 $_______/LB $________ 23 Silt Fence 795 $_______/LF $________ 24 Sediment Control Log Type Compost 60 $_______/LF $________ 25 Rock Construction Entrance 1 $_______/EA $________ 26 Sodding Type Lawn 815 $_______/SY $________ 27 Topsoil Borrow 40 $_______/CY $________ 28 Irrigation and Pet Containment System Repair 3 $_______/EA $________ 29 Inlet Protection 3 $_______/EA $________ 30 Hardwood mulch 15 $_______/CY $________ Total - IC #18830 $________ Firm Authorized Signature Printed Name Title Address Telephone RESPONSIBLE CONTRACTOR VERIFICATION I am an owner or officer of __________________ [name of bidder] (“Bidder”). I hereby verify that Bidder is in compliance with the minimum criteria required of a “responsible contractor” as that term is defined in Minnesota Statutes § 16C.285, subdivision 3, and as explained in the attached document entitled “Responsible Contractor Requirement.” I further agree that Bidder has received a signed statement under oath from each subcontractor and motor carrier that Bidder intends to use to perform work on the project verifying that the subcontractor and motor carrier meets the minimum criteria under Minn. Stat. § 16C.285, and that Bidder will furnish such statements to the contracting authority upon request. Bidder intends to retain the following first-tier subcontractors and motor carriers for work on this project: ___________________________________ __________________________________ ___________________________________ __________________________________ ___________________________________ __________________________________ If Bidder is awarded the contract for the project, I further agree that Bidder will submit the attached document entitled “Additional Subcontractor and Motor Carrier List” as required. Signed this _______ day of ________________, 20___ ____________________________________ By: ______________________________ [printed name] ____________[title] of _____________________ [name of bidder] STATE OF MINNESOTA ) ) ss. COUNTY OF ___________ ) Signed and sworn to before me on ________________, 20____, by ________________________. _________________________________ Notary Public (stamp) ADDITIONAL SUBCONTRACTORS AND MOTOR CARRIERS LIST PROJECT TITLE: ______________________________________________________________ Pursuant to Minn. Stat. § 16C.285, subd. 5, the prime contractor must submit this form within 14 days of retaining additional subcontractors and motor carriers on the project. This form must be submitted to the Project Manager or individual as identified in the solicitation document. Additional Subcontractors ___________________________________ __________________________________ ___________________________________ __________________________________ ___________________________________ __________________________________ By signing this document, I certify that I am an owner or officer of the company, and I swear under oath that all additional subcontractors and motor carriers listed on this Additional Subcontractor List have verified through a signed statement under oath by an owner or officer that they meet the minimum criteria to be a responsible contractor as defined in Minn. Stat. § 16C.285. Signed this _______ day of ________________, 20___ ____________________________________ By: ______________________________ [printed name] ____________ [title] of _____________________ [name of company] STATE OF MINNESOTA ) ) ss. COUNTY OF ___________ ) Signed and sworn to before me on ________________, 20____, by ________________________. _________________________________ Notary Public (stamp) Rev. 2016 STANDARD DETAIL SPECIFICATIONS FOR SANITARY AND STORM SEWER SYSTEMS CITY OF EDEN PRAIRIE, MINNESOTA INDEX ARTICLE PAGE 1. Scope of Work .................................................................................................................................................... S-1 2. Sewer Pipe Materials and Appurtenances ......................................................................................................... S-1 2.1 Polyvinyl Chloride Pipe (PVC) (Sanitary) .......................................................................................... S-1 2.2 Ductile Iron Pipe (DIP) (Sanitary) ...................................................................................................... S-1 2.3 Reinforced Concrete Sewer Pipe (RCP) and End Sections (Storm) ................................................... S-1 2.4 Corrugated Polyethylene Pipe (CP) and End Sections (Storm) .......................................................... S-2 2.5 Manholes and Catch Basins ................................................................................................................ S-2 2.6 Manholes Inside and Outside Drop Structures ................................................................................... S-3 2.7 Building Services ................................................................................................................................ S-3 2.8 Riprap - Filter Blanket ......................................................................................................................... S-4 3. Safety Equipment ............................................................................................................................................... S-4 4. Testing - Sanitary Sewers and Appurtenances .................................................................................................. S-4 4.1 Infiltration Test .................................................................................................................................... S-4 4.2 Exfiltration Test ................................................................................................................................... S-5 4.3 Air Testing ........................................................................................................................................... S-5 4.4 Sanitary Forcemain Hydrostatic Test .................................................................................................. S-6 4.5 PVC Deflection Test ........................................................................................................................... S-6 4.6 Televising ............................................................................................................................................ S-6 4.7 Visual Inspection ................................................................................................................................. S-7 5. Subsurface Drain ................................................................................................................................................ S-7 6. Measurement and Payment ................................................................................................................................ S-8 6.1 Sanitary Sewer Pipe ............................................................................................................................. S-8 6.2 Standard and "T" Manholes and Catch Basin ..................................................................................... S-8 6.3 Manhole Drop Structures .................................................................................................................... S-8 6.4 Storm Sewer Pipe and End Section ..................................................................................................... S-8 6.5 Building Service Pipe .......................................................................................................................... S-9 6.6 Special Pipe Fittings ............................................................................................................... S-9 6.7 Riprap - Filter Blanket ......................................................................................................................... S-9 6.8 Sand-Gravel Material and Binder Stone ............................................................................................. S-9 6.9 Street Restoration ................................................................................................................................ S-9 6.10 Jacking Operations .............................................................................................................................. S-9 6.11 Sheeting and Bracing ........................................................................................................................ S-10 6.12 Piling .................................................................................................................................................. S-10 6.13 Merged Items ..................................................................................................................................... S-10 6.14 Insulation Board ................................................................................................................................ S-10 6.15 Subsurface Drain ............................................................................................................................... S-10 Detail Drawings (S-1 through S-12 attached) See also "Excavation, Installation and Restoration Procedures" (Green) EIR STANDARD DETAIL SPECIFICATIONS FOR SANITARY AND STORM SEWER SYSTEMS CITY OF EDEN PRAIRIE, MINNESOTA 1. SCOPE OF WORK The work to be done under this Contract shall include the furnishing of all labor, materials, tools and equipment to construct, complete in place, the sanitary sewer and/or storm sewer and all appurtenances as shown on the drawings and Plans and as specified herein. The Contractor shall excavate all materials encountered, furnish or compact foundations where required, furnish and install all timbering, sheeting and bracing necessary or proper to safely support all work, remove all water, protect, repair, relocate, maintain and restore all sub-surface, surface and overhead structures directly or indirectly disturbed, injured or affected by his operations and provide all backfilling and furnish all other appurtenant items and services as necessary. 2. SEWER PIPE MATERIALS AND APPURTENANCES All sanitary sewer and storm sewer pipe, fittings, manholes and all appurtenances shall be new materials and shall be of the type, size, strength, and quality as shown on the Plans and as specified below and/or as indicated in the Special Conditions. The Contractor may be requested to secure and deliver to the Engineer a written statement from the manufacturer assuring the quality and compliance to the applicable specifications of all materials furnished and installed under this Improvement Project. This shall in no way relieve the Contractor of any responsibilities as to the quality of materials furnished and installed. 2.1 POLYVINYL CHLORIDE PIPE (PVC) (SANITARY): Polyvinyl chloride pipe shall conform to ASTM D 3034 (SDR 35) or ASTM F789 and shall be used to a depth not to exceed 20 feet. Sewer pipes with a depth greater than 20 feet shall be SDR 26 PVC and with a depth greater than 30 feet shall be ductile iron pipe. Joints shall be either solvent cement or elastomeric gasket joints. Said gasket joints must be approved by the Engineer on the basis of data furnished by the manufacturer. An approved water stop gasket shall be used on the sewer main where it enters and exits a manhole. The gasket shall be placed near the center of the manhole wall. 2.2 DUCTILE IRON PIPE (DIP) (SANITARY): Where the drawings call for sanitary sewer to be ductile iron, the pipe shall be cement lined, bituminous coated ductile iron pipe of Class 54 thickness and poly-wrapped as defined in Section 3.2 on Page W-2. 2.3 REINFORCED CONCRETE SEWER PIPE (RCP) AND END SECTIONS (STORM): Reinforced concrete sewer pipe and end sections shall conform to MnDOT 3236 and shall have rubber gasket joints (MnDOT 3726). The class of pipe shall be as stated on the Plans. End sections shall be provided with a galvanized trash guard for pipe sizes 24" and larger in accordance with Detail Drawing S-11, which shall be incidental to the cost of the end section. End sections shall be tied back a minimum of three (3) pipe joints with approved pipe ties. R.C.P. aprons shall conform to MnDOT S-1 S-2 Standard Plate No. 3100. All end sections at discharge points shall be marked with an 8’ – 2# safety green channel post located 18" adjacent to the end section. The Plans indicate various lengths of storm sewer. These dimensions are from end to end of pipe and include special sections. To determine pay quantities for the storm sewer pipe, the laying length for any increasers, bends, end sections or tee sections shall be subtracted. The special sections are being paid for per each. 2.4 CORRUGATED POLYETHYLENE PIPE (CP) AND END SECTIONS (STORM): All CP pipe shall conform to MnDOT 3247 and shall meet ASTM F667 and AASHTO M294 standards. The following shall apply: (1) CP pipe shall be used in non-pavement areas only. (2) CP shall have a minimum cover of at least 18". (3) End sections and/or aprons shall conform to MnDOT Standard Plate No. 3129 and meet MnDOT 3351 Standards. All end sections at discharge points shall be marked with an 8’ – 2# safety green channel post located 18" adjacent to the end section. All aprons shall be galvanized steel or approved equal. 2.5 MANHOLES AND CATCH BASINS Sections for pre-cast concrete manholes and catch basins shall conform to ASTM C-478. Standard and "T" manholes and catch basins shall conform respectively to all requirements as shown on the Detail Drawings attached to these Specifications. If the mainline is 42" or larger, pre-cast "T" sections shall be used as shown on the Detail Drawings, unless otherwise specified. When specifically permitted by the Engineer, pre-cast segmental blocks may be used to build up manholes and/or catch basins. The blocks shall conform to ASTM C-139 and shall be radial wall for manholes and circular catch basins. Frames and covers (castings) for manholes and catch basins shall be as follows or approved equal: (1) Sanitary Sewer Manholes - Neenah Foundry Company R-1733-5044 and "Sanitary Sewer" imprinted on the cover. (2) Storm Sewer Manholes - Neenah Foundry Company R-1733-T64 with center pick hole and "Storm Sewer" imprinted on the cover. (3) ‘LADTECH' or approved equal, plastic adjustment rings (rings shall meet all AASHTO H25 and ASTM D-1248 specifications.). NOTE: When adjusting manholes for the final lift of bituminous, the contractor may use a one-piece ductile iron ring (Neenah-R-1979 series or approved equal), in lieu of additional plastic rings. The ductile iron ring shall be installed using the manufacturer's specifications. An approved epoxy adhesive shall be used to set the casting adjustment ring in place. Two- S-3 piece metal adjusting rings will not be allowed. (4) Catch Basins (a) Circular, Neenah Foundry Company R-3250-A (for mountable curb) Rectangular, Neenah Foundry Company R-3501-T (for mountable curb) (b) Circular, Neenah Foundry Company R-3250-1 (for B6-18 curb) Rectangular, Neenah Foundry Company R-3067-V (for B6-18 curb) (c) Circular, Neenah Foundry Company R-3250-A Type 'C' Grate (for driveway aprons) (d) ‘LADTECH' or approved equal, plastic adjustment rings (rings shall meet all AASHTO H25 and ASTM D-1248 specifications.). 2.6 MANHOLE INSIDE AND OUTSIDE DROP STRUCTURES Manhole drop structures shall be constructed as shown on Detail Drawings S-3 and S-4. The specific type or drop (inside or outside) will be designated on the Plans and/or in the Special Conditions. Generally, where an influent main is over two (2) feet above the invert of the effluent main, a drop structure will be required. Where the separation is less than two (2) feet, the Contractor shall form a concrete flume invert to match into the manhole floor. Inside drop manholes shall be constructed only by approval of the City Engineer/Utility Division. 2.7 BUILDING SERVICES Building services shall conform respectively to Detail Drawings S-8 and S-9. All building service locations will be established in the field by the Engineer. Generally, these locations will agree with those shown on the Plans, however, the Contractor shall not install a service until its location is verified by the Engineer. It will be the Contractor's responsibility to keep an accurate written record of the location of each service and submit this to the Engineer prior to backfilling. All building service pipe shall be four (4) inch SDR 26 (unless otherwise noted on the Plans). Ductile iron service pipe and wyes shall be used where depths exceed 30 feet. The service shall be extended to the property line or as otherwise designated on the Plans and/or Special Conditions. The end of the service shall be plugged with an airtight cap. PVC wyes must be factory molded. Saddles will not be allowed except as approved by the Engineer. PVC pipe shall be used for building services under the following conditions if water services are involved: (1) The service is laid in a separate trench at least ten (10) feet horizontally from the water service, or (2) It is laid in the same trench with the water service located at one side on a bench of undisturbed earth and if the crown of the sewer pipe is at least 18 inches below the invert of the water service. An airtight plug or cap shall be installed at the end of PVC services. S-4 2.8 RIPRAP - FILTER BLANKET Riprap shall be placed on all flared end sections and shall conform to MnDOT Standard Plate Detail 3133 and MnDOT 2511 and the following, unless otherwise specified on the Plans and/or Special Conditions: (1) Riprap stones shall be Class III for 21" or smaller pipe, and Class IV for 24" and larger pipe. (2) The depth of granular filter material (MnDOT 3601.2B) shall conform to the specifications of MnDOT Standard Plate No. 3133. Geotextile filter material may be used in lieu of granular filter material. 3. SAFETY EQUIPMENT For all sanitary sewer projects, in addition to the usual safety equipment and procedures, the Contractor shall also make available at the job site the following: (1) An air blower with a directional chute capable of delivering 1,500 cfm of fresh air at sewer manholes. (2) An approved harness or rope-sling for rescue of personnel from manholes. (3) An approved portable oxygen supply unit with face mask and goggles. No personnel will be allowed to enter completed sanitary sewer manholes without this equipment immediately available for use by a "top man" stationed at the manhole. All safety equipment shall remain the property of the Contractor. 4. TESTING - SANITARY SEWERS AND APPURTENANCES 4.1 INFILTRATION TEST Upon completion of the sewer construction and before any house services are connected, leakage tests shall be made to determine the amount of ground water infiltration into the sewers. Measurements will be taken by means of 90-degree V-notch weirs placed in the lines. Measurements shall be taken at all points where, in the opinion of the Engineer, the flow of the water in the sewer is greater than the maximum allowable leakage. The maximum allowable rate of leakage for any section of sewer shall be based upon 100 gallons/inch diameter/mile of pipe/24 hours. This computes as shown below for the pipe sizes listed. Pipe Size Gallons of Leakage Allowed per Hour per 100 Feet of Pipe 8" 0.63 10" 0.79 12" 0.95 15" 1.18 S-5 In case measurements indicate a leakage greater than the maximum allowable leakage, additional measurements shall be taken and continued until all leaks are located and the necessary repairs and corrective work have reduced the leakage in the section being tested below the maximum allowed by the Specifications. All rework and materials used must be approved by the Engineer. For purposes of the test, the line between adjoining manholes will be considered a section and will be tested as such. Leakage within manholes and from services shall be included in all testing. The Contractor shall furnish the weirs and other material and labor for placing the weirs in the sewer and shall assist the Engineer in making measurements. The Contractor shall receive no additional compensation for making the leakage tests or corrective work necessary to reduce leakage below the maximum allowed. 4.2 EXFILTRATION TEST In addition to the infiltration test, exfiltration tests may be required on sewer lines which are above the present ground water. The test section shall be bulkheaded and the pipe subjected to a hydrostatic pressure produced by a head of water at a depth of four (4) feet above the invert of the sewer under test at its upper end. This head of water shall be maintained for a period of one hour during which it is presumed that full absorption of the pipe body has taken place, and thereafter for a further period of two (2) hours for the actual test of leakage. During this two (2) hour period, the measured loss shall not exceed that specified above for infiltration. The introduction of any substance into the water used for testing with the intent to seal such leaks, as may be indicated, will be permitted only with express permission of the Engineer. Two such exfiltration tests will be required for each type of pipe and for each size of pipe. If the results are satisfactory on the two sections chosen by the Engineer, no further exfiltration test will be required. If results of the exfiltration test are not satisfactory, additional tests may be required until the Engineer is satisfied that the leakage requirements are being met. 4.3 AIR TESTING Air testing is an approved method of testing of sanitary sewer lines and is a required method of testing of curved aligned sanitary sewer lines with the following requirements: The Contractor shall perform these tests with equipment similar to Air-Loc equipment manufactured by Cherne Industrial, Inc., Hopkins, Minnesota. The air test shall be made when the sewer is clean. The line shall be plugged at each manhole with pneumatic balls. Low pressure air shall be introduced into the plugged line until the internal air pressure reaches 4.0 p.s.i.g. greater than the average back pressure of any ground water pressure that may submerge the pipe. At least two (2) minutes shall be allowed for the air temperature to stabilize before readings are taken and the timing started. The portion being tested shall pass if it does not lose air at a rate to cause the pressure to drop from 3.6 to 3.0 p.s.i.g. (greater than the average back pressure of any ground water that may submerge the pipe) in less time than listed as follows: S-6 Pipe Diameter In Inches Minimum Allowable Minutes (3.6 - 3.0 p.s.i.g. Pressure) 4 2.0 6 3.0 8 4.0 10 5.0 12 6.0 15 7.5 18 9.0 21 10.5 All service plugs shall be secured in place to prevent displacement during testing operations. 4.4 SANITARY FORCEMAIN HYDROSTATIC TEST Sanitary Forcemain shall be tested at a rate of 75 p.s.i. for 2 hours with 0 (zero) pounds allowable pressure loss during the first hour and no more than 2 pounds allowable pressure loss during the second hour. Gauge to be used will be an Ashcroft, Model 1082, 4 ½ inch diameter in one p.s.i. increments or approved equal. 4.5 PVC DEFLECTION TEST The Contractor shall measure the deflection of all PVC sewer after placement of backfill material in the trench. The owner reserves the right to measure deflection of PVC sewer pipe at any time during the warranty period. Deflections greater than 5% of the inside pipe diameter shall be considered failure of the bedding procedure and the Contractor will be required to re-excavate the trench and replace or re-compact the bedding material as required. 4.6 TELEVISING All sanitary and storm sewer lines shall be televised and the video reports submitted to the City for review. Video reports can be submitted on CD-ROM or DVD compact disks. All lines must be flushed and cleaned prior to televising. The video report will be used to view the condition of the sanitary sewer pipe prior to acceptance. Workmanship and cleanliness of the installation will be checked. If the line requires cleaning or repairs then that segment shall be re-televised afterwards and the new report will be submitted to the City for review. This shall be repeated until the segment of the sanitary sewer line is clean and or repaired. Video reports shall become the property of the City and contain the following: A. Reference the start and end of each video segment as it begins, by clearly identifying the manhole number where the video segment begins and the manhole number where the video segment ends. B. Footages along the sewer line must be shown on the video report and zeroed out at S-7 the beginning of each segment starting from the center of the manhole. C. The video camera should be guided forward at a moderate to slow pace along the bottom of the pipe. D. The camera should stop and rotate up to view each service wye. E. The camera should stop at any unusual instances that are viewed while in progress and provide a more detailed and longer view of the specific instance (i.e. – bad joint, dirt in lines, settlement in the line, etc.). F. The project inspector or city representative shall be present at all times during the televising of all sewer lines. 4.7 VISUAL INSPECTION Prior to final acceptance of each section of the sewer line, the Contractor shall flush and clean all dirt and debris from the line. All dirt and debris shall be prevented from entering the existing sewer system by means of watertight plugs or other suitable methods. Cleaning shall also include manholes, catch basins, sumps and ponds associated with the project. Upon completion of the Contract, the Engineer will carefully inspect all sewers and appurtenances. Any cracked or broken pipe shall be removed and replaced. The invert of the sewer shall be left clean and free from any obstructions throughout the entire line. Storm sewer pipes shall be straight and uniform in alignment and grade. Pipe and manholes shall be free of dirt, mortar and other debris. No other specific tests other than a televised inspection will be required for storm sewer construction. 5. SUBSURFACE DRAIN Subsurface drain construction shall be performed in accordance with the provisions of MnDOT 2502, except as modified below: The exact location and actual quantity of perforated pipe drain will be determined by the Engineer at the time of the construction operations. The pipe shall conform to the following specifications: Thermoplastic Pipe - MnDOT 3245 and 3278 corrugated. The pipe may be furnished with either bell or spigot joints or with sleeve couplings on the straight pipe. All joints in the perforated pipe shall be left unsealed. To prevent infiltration of soil and aggregate into the pipe, the perforated pipe (regardless of type) shall be wrapped with strong, porous, rot-proof polymeric fiber filter cloth conforming to MnDOT 3733 Type I specifications. Torn or punctured fabric shall not be accepted and in no case shall the fabric be exposed to heat or direct sunlight to the extent that its strength or toughness are diminished. The over wrapping and securing of the filter cloth to the pipe shall be done in a manner approved by the Engineer. Spiral wrapping of the filter cloth on the pipe will not be permitted. S-8 Backfill material shall conform to MnDOT 3149.2J specifications and shall be installed in accordance to MnDOT 2502.3 specifications unless otherwise indicated by the City Engineer. (Refer to detail drawing S-10). 6. MEASUREMENT AND PAYMENT 6.1 SANITARY SEWER PIPE All measurements of pipe length shall be from center of manhole to center of manhole or fitting, along the axis of the pipe for each diameter and type of pipe. Measurement of depth (vertical) shall be made from the flow line of the sewer pipe and shall be in zone classifications as follows: From: 0 feet to 8 feet From: 8 feet to 10 feet From: 10 feet to 12 feet From: 12 feet to 14 feet Etc. in 2 foot intervals Unless otherwise specified, the depth of cut will be from the centerline profile taken before work by the Contractor begins. In most cases, it will be from the existing grade shown on the Plans. Payment made per lineal foot in place, as measured above, shall include the cost of furnishing the pipe, joint materials, gaskets and all other materials and of delivering, handling, placing, backfilling, compacting, testing and all equipment or work necessary to install the pipe complete in place at the depth specified. 6.2 STANDARD AND "T" MANHOLES AND CATCH BASINS Measurement for payment shall be from the lowest pipe invert at the structure to the top of the casting in place. Payment for standard manholes and catch basins shall be at the unit price per each for furnishing and installing a complete structure of heights not exceeding eight (8) feet. If the measured depth is over eight (8) feet, an additional payment will be made for each foot (to nearest 1/10 foot) that is in excess of eight (8) feet. The unit price per standard manhole or catch basin shall also include the manhole base, frame and cover (casting), gaskets and steps in place. 6.3 MANHOLE DROP STRUCTURES Measurement for payment shall be from the lowest invert at the manhole to the invert of the incoming pipe for which the drop is provided. The unit bid price per foot shall be compensation in full for a complete structure as shown on the Detail Drawings. 6.4 STORM SEWER PIPE AND END SECTION Payment for storm sewer pipe shall be made per lineal foot for the size and class of pipe installed unless otherwise indicated by the City Engineer. Payment shall include the cost of furnishing the pipe, joint material, gaskets and all other materials and delivering, handling, placing, backfilling, compacting, testing and all equipment or work necessary to install the pipe complete in place at the depth specified. End sections and/or aprons shall be paid for as each unless otherwise indicated by the City Engineer. No payment shall be made for concrete bulkhead plugs. S-9 6.5 BUILDING SERVICE PIPE Measurement will be made horizontally from the centerline of the sewer main at the wye location to the plug at the end of the sewer service. The depth of said pipe will not be a factor in payment. Payment will be made per lineal foot in place as measured above and shall include furnishing and installing the pipe complete, as specified, including adapters, plugs, and 1/8 bends if wyes are used. Separate payment will be made for casing pipe, clean-out structure and double wye, as required for a jacked building service. 6.6 SPECIAL PIPE FITTINGS Additional payment for special fittings (i.e., wyes, tees, bends, etc.) will be made only if a bid item for said fittings has been provided in the Proposal Form. There will be no additional payment for those fittings which are an integral part of some structure for which a pay item has been provided (i.e., tees and bends on a drop structure or clean-out). 6.7 RIPRAP-FILTER BLANKET The provisions of MnDOT 2511 and MnDOT Standard Plate No. 3133 shall apply, unless other dimensions are specified on the Plans or are ordered by the Engineer. 6.8 SAND-GRAVEL MATERIAL AND BINDER STONE Payment shall be for cubic yards furnished, installed and properly compacted, with measurement based upon vehicular measure (MnDOT 1901). The unit bid price shall include the cost of all excavation and compaction required to place these materials and also the cost to dispose of any undesirable material so replaced unless otherwise specified in the Special Provisions. 6.9 STREET RESTORATION  Aggregate base - See MnDOT 2211 and Page P-2 of these specifications.  Bituminous street and bikepath pavement - Refer to most current MnDOT specifications for plant mixed bituminous pavement and pages P-2 and P-3 of these specifications.  Concrete curb - See MnDOT 2531 and Page P-3 of these specifications.  Concrete sidewalk - See MnDOT 2521 and Detail Drawing R-15.  Sodding and seeding - See MnDOT 2575. The unit bid prices shall include the cost of all topsoil, sod, seed and mulch required. 6.10 JACKING OPERATIONS Unless otherwise specified, payment for jacking operations will be as follows: If steel casing pipe is required, measurement for payment will be made horizontally from end to end of the casing installed. Payment for the carrier pipe to be threaded through the casing will be made separately at the corresponding mainline or building service unit bid price. The unit bid price for the casing pipe shall include all labor, equipment and materials necessary to install the casing pipe complete as specified. Cathodic protection is required on all casing installations and shall be incidental to the jacking price. If the carrier pipe is jacked, tunneled or augered directly into place without the use of casing pipe, the unit bid price for the pipe so installed shall include all labor, equipment and materials necessary S-10 to install the pipe complete as specified. Depth zones will not be a factor in payment. Measurement for payment will be made horizontally from end to end of the jacked, tunneled or augered pipe installed. The Contractor shall pay all charges for bonds, permits and/or inspection fees required in connection with jacking operations or other special crossing at no additional compensation. 6.11 SHEETING AND BRACING Measurement for payment shall be based upon units of thousand board feet (MBF) in place. Payment will be made only for that portion of sheeting or bracing which is ordered to be left in place by the Engineer except that payment will be made for the upper four (4) feet of "Cut-off" section of the sheeting. 6.12 PILING Pile bents (including test piles) shall be paid for at the Contract unit price for a bent in place with the number of piles specified or shown on the Plans assuming piles to be 20 feet long and shall be complete with caps, cradles, and accessories required. The caps and cradles shall be included as part of the 20-foot minimum length. Any piling required over 20 feet in length shall be paid for as excess length of piling and shall be paid for at the Contract unit price per lineal foot driven in place over 20 feet. Payment will not be made for piling over the cut-off line for piling over 20 feet long. Unless otherwise specified, there will be no additional compensation for piling delivered only. For specifications, see EIR-5, Paragraph 14. 6.13 MERGED ITEMS The cost of all material and labor required to complete this project as specified and shown on the Plans, but not specifically included as a pay item, shall be merged with the various unit prices bid. 6.14 INSULATION BOARD Insulation board will be paid for by the square foot furnished and installed at the thickness and dimension shown on the Plans and shall be compensation in full for all labor, materials, tools, etc., necessary to complete the work. 6.15 SUBSURFACE DRAIN Measurement and payment will be made for the actual quantities of perforated drain pipe required and no other compensation other than the contract bid price will be made therefore. Furnishing and installing the filter cloth shall be incidental work with no direct compensation being made therefore. Fine filter aggregate shall be paid for in accordance with MnDOT specification 1901. Measurement shall be in accordance with MnDOT 2451.4B. Rev. 2019 GENERAL CONDITIONS TO THE STANDARD SPECIFICATIONS FOR CONSTRUCTION CITY OF EDEN PRAIRIE, MINNESOTA SECTIONS SECTION 1 - DEFINITIONS SECTION 2 - PLANS, SPECIFICATIONS AND RELATED DATA SECTION 3 - ENGINEER-OWNER-CONTRACTOR RELATIONS SECTION 4 - SCOPE OF WORK SECTION 5 - MATERIALS AND WORKMANSHIP SECTION 6 - LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC SECTION 7 - MEASUREMENT AND PAYMENT TABLE OF CONTENTS TITLE PAGE i SECTION I - DEFINITIONS GC 1-01 General ..................................................................................................................................... 1 GC 1-02 Contract .................................................................................................................................... 1 GC 1-03 City or Municipality ................................................................................................................ 1 GC 1-04 Engineer ................................................................................................................................... 1 GC 1-05 Consultant or Special Engineer ............................................................................................... 1 GC 1-06 Work or Project ........................................................................................................................ 1 GC 1-07 Specifications ........................................................................................................................... 1 GC 1-08 Special Conditions ................................................................................................................... 1 GC 1-09 Supplemental Specifications ................................................................................................... 2 GC 1-10 Plans ......................................................................................................................................... 2 GC 1-11 Bidder ....................................................................................................................................... 2 GC 1-12 Proposal .................................................................................................................................... 2 GC 1-13 Proposal Guaranty ................................................................................................................... 2 GC 1-14 Contractor ................................................................................................................................. 2 GC 1-15 Subcontractor ........................................................................................................................... 2 GC 1-16 Contract Bond .......................................................................................................................... 2 GC 1-17 Surety ....................................................................................................................................... 2 GC 1-18 Written Notice .......................................................................................................................... 2 GC 1-19 Governmental Agency ............................................................................................................. 2 GC 1-20 Act of God ................................................................................................................................ 3 GC 1-21 Days .......................................................................................................................................... 3 GC 1-22 Working Days .......................................................................................................................... 3 GC 1-23 Time of Completion ................................................................................................................. 3 GC 1-24 Inspector ................................................................................................................................... 3 TABLE OF CONTENTS TITLE PAGE ii GC 1-25 Laboratory ................................................................................................................................ 3 SECTION 2 - PLANS, SPECIFICATIONS AND RELATED DATA GC 2-01 Intent of Plans and Specifications ........................................................................................... 3 GC 2-02 Conflict ..................................................................................................................................... 3 GC 2-03 Discrepancies in Plans ............................................................................................................. 4 GC 2-04 Adequacy of Plans and Specifications .................................................................................... 4 GC 2-05 Plans and Specifications at Job Site ........................................................................................ 4 GC 2-06 Shop Drawings ......................................................................................................................... 4 GC 2-07 Examination of Plans and Specifications ................................................................................ 4 GC 2-08 Dimensions .............................................................................................................................. 5 GC 2-09 Models ...................................................................................................................................... 5 GC 2-10 Private Projects ........................................................................................................................ 5 SECTION 3 - ENGINEER-OWNER-CONTRACTOR RELATIONS GC 3-01 Engineer's Responsibility and Authority ................................................................................. 5 GC 3-02 Suspension of Work by Engineer ............................................................................................ 6 GC 3-03 Suspension of Work by City .................................................................................................... 6 GC 3-04 Suspension of Work by Contractor ......................................................................................... 6 GC 3-05 Arbitration ................................................................................................................................ 6 GC 3-06 Conflicts ................................................................................................................................... 7 GC 3-07 Limitation of Remedies ........................................................................................................... 7 GC 3-08 Examination of Completed Work ........................................................................................... 7 GC 3-09 Contractor's Superintendents ................................................................................................... 7 GC 3-10 Contractor's Employees ........................................................................................................... 7 GC 3-11 Inspectors ................................................................................................................................. 8 GC 3-12 Lands by City ........................................................................................................................... 8 TABLE OF CONTENTS TITLE PAGE iii GC 3-13 Lands by Contractor ................................................................................................................ 8 GC 3-14 Private Property ....................................................................................................................... 8 GC 3-15 Removal of Construction Equipment, Tools, and Supplies ................................................... 8 GC 3-16 City's Right to Correct Deficiencies ........................................................................................ 8 GC 3-17 City's Right to Terminate Contract and Complete the Work ................................................. 8 GC 3-18 Contractor's Right to Terminate Contract ............................................................................... 9 GC 3-19 Injunctions .............................................................................................................................. 10 GC 3-20 Rights of Various Interests .................................................................................................... 10 GC 3-21 Separate Contracts ................................................................................................................. 10 GC 3-22 Subcontracts ........................................................................................................................... 10 GC 3-23 Work During an Emergency .................................................................................................. 11 GC 3-24 Oral Agreements .................................................................................................................... 11 GC 3-25 Construction Schedule ........................................................................................................... 11 GC 3-26 Delays and Extension of Contract Time ............................................................................... 11 SECTION 4 - SCOPE OF WORK GC 4-01 Estimate of Quantities ............................................................................................................ 12 GC 4-02 Additional Instructions .......................................................................................................... 12 GC 4-03 Changes or Alterations in the Work ...................................................................................... 12 GC 4-04 Interpretations and Change Orders ........................................................................................ 13 GC 4-05 Salvage ................................................................................................................................... 13 GC 4-06 Cleanup .................................................................................................................................. 13 GC 4-07 Taxes ...................................................................................................................................... 13 GC 4-08 Permits .................................................................................................................................... 13 SECTION 5 - MATERIALS AND WORKMANSHIP GC 5-01 Quality of Equipment and Materials ..................................................................................... 14 TABLE OF CONTENTS TITLE PAGE iv GC 5-02 Materials Furnished by the City ............................................................................................ 14 GC 5-03 Materials Furnished by the Contractor .................................................................................. 15 GC 5-04 Storage of Materials ............................................................................................................... 15 GC 5-05 Rejected Work and Materials ................................................................................................ 15 GC 5-06 Manufacturer's Directions ..................................................................................................... 15 GC 5-07 Cutting and Patching .............................................................................................................. 16 GC 5-08 Patents .................................................................................................................................... 16 GC 5-09 Contract Bond ........................................................................................................................ 16 GC 5-10 Guaranty ................................................................................................................................. 16 GC 5-11 Overweight Policy ................................................................................................................. 16 SECTION 6 - LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC GC 6-01 Contractor's Responsibilities ................................................................................................. 16 GC 6-02 Responsible Contractor .......................................................................................................... 17 GC 6-03 Data Practices Act …………………………………………………………………..…. 18 GC 6-04 Discrimination ........................................................................................................................ 18 GC 6-05 Use of Premises ..................................................................................................................... 18 GC 6-06 Privileges of Contractor in Streets, Right-of-Way and Easement ........................................ 18 GC 6-07 Safety ...................................................................................................................................... 18 GC 6-08 Failure to Pay for Labor and Materials ................................................................................. 19 GC 6-09 Moving of Public and Private Utilities .................................................................................. 19 GC 6-10 Protection of Public and Private Utilities .............................................................................. 19 GC 6-11 Damage to Existing Improvements and Utilities .................................................................. 20 GC 6-12A Maintenance of Traffic .......................................................................................................... 21 GC 6-12B Street Closures or Partial Closures ........................................................................................ 21 GC 6-12C Existing Traffic Signs and Facilities ..................................................................................... 21 TABLE OF CONTENTS TITLE PAGE v GC 6-12D Detours ................................................................................................................................... 21 GC 6-12E Local and Emergency Traffic ................................................................................................ 22 GC 6-12F Protection of Pedestrian and Vehicular Traffic ..................................................................... 22 GC 6-12G Restriction of Parking ............................................................................................................ 22 GC 6-12H Flagmen .................................................................................................................................. 22 GC 6-13 Traffic Control within and Abutting the Project ................................................................... 22 GC 6-14 Use of Explosives .................................................................................................................. 22 GC 6-15 Railroad Crossings ................................................................................................................. 22 GC 6-16 Sanitary Provisions ................................................................................................................ 23 GC 6-17 Water ...................................................................................................................................... 23 GC 6-18 Noise Elimination .................................................................................................................. 23 GC 6-19 Fossils ..................................................................................................................................... 23 GC 6-20 Right to Use Improvement .................................................................................................... 23 GC 6-21 Monuments and Stakes .......................................................................................................... 23 GC 6-22 Discrimination on Account of Race, Creed or Color ............................................................ 23 GC 6-23 Insurance ................................................................................................................................ 24 GC 6-24 Working Hours ...................................................................................................................... 26 GC 6-25 Trees ....................................................................................................................................... 26 SECTION 7 - MEASUREMENT AND PAYMENT GC 7-01 Measurement .......................................................................................................................... 26 GC 7-02 Claims .................................................................................................................................... 26 GC 7-03 Scope of Payment .................................................................................................................. 26 GC 7-04 Payment for Extra Work ........................................................................................................ 27 GC 7-05 Progress Payments, Retained Percentage .............................................................................. 28 GC 7-06 Engineer's Action on a Request for Payment ........................................................................ 29 TABLE OF CONTENTS TITLE PAGE vi GC 7-07 City's Action on an Approved Request for Payment ............................................................ 29 GC 7-08 Payment for Uncorrected Work ............................................................................................ 29 GC 7-09 Payment for Rejected Work and Materials ........................................................................... 29 GC 7-10 Payment for Work Suspended by the City ............................................................................ 30 GC 7-11 Payment for Work by the City .............................................................................................. 30 GC 7-12 Payment for Work Following City's Termination of the Contract ....................................... 30 GC 7-13 Payment for Work Terminated by the Contractor ................................................................ 30 GC 7-14 Release of Liens ..................................................................................................................... 30 GC 7-15 Income Tax Withholding ....................................................................................................... 30 GC 7-16 Audit ....................................................................................................................................... 30 GC 7-17 Acceptance and Final Payment ............................................................................................. 30 GC 7-18 Termination of Contractor's Responsibility .......................................................................... 31 GC 7-19 Correction of Faulty Work after Final Payment ................................................................... 31 GC 7-20 Limitations ............................................................................................................................. 31 GC-1 GENERAL CONDITIONS CITY OF EDEN PRAIRIE, MINNESOTA SECTION 1 - DEFINITIONS 1-01 GENERAL: For the purposes of the Contract Documents and any documents or instruments dealing with the construction operations governed by these Documents, the terms defined in this section have the meanings given them. 1-02 CONTRACT: The term means the Contract Documents. The Contract Documents consist of the following: 1. Legal and Procedural Documents a. Notice to Contractors - Advertisement for Bids b. Instructions to Bidders c. Accepted Proposal Form d. Proposal Guaranty e. Contract Agreement f. Contractor's Performance and Payment Bond 2. Special Conditions 3. Detail Specifications 4. General Conditions 5. Plans 6. Addenda and Supplemental Agreements 1-03 CITY or MUNICIPALITY: The term means the City of Eden Prairie, County of Hennepin, State of Minnesota, acting by its City Council or duly authorized officers (the Owner). 1-04 ENGINEER: The City Engineer for the City of Eden Prairie or his designated representative. 1-05 CONSULTANT or SPECIAL ENGINEER: As defined in Special Conditions. 1-06 WORK or PROJECT: As defined in Special Conditions. 1-07 SPECIFICATIONS: The term means the directions, provisions, and requirements contained herein, together with all written agreements made or to be made pertaining to the method and manner of performing the work, or to the quantities and qualities of materials to be furnished under the Contract. 1-08 SPECIAL CONDITIONS: The term means contract requirements peculiar to the project which are not otherwise thoroughly or satisfactorily detailed and set forth in the Specifications. 1-09 SUPPLEMENTAL SPECIFICATIONS: The edition of the Minnesota Department of Transportation Standard Specifications for Construction at time of letting and the City of Eden Prairie Standard GC-2 Detail Specifications for the Construction of Sanitary Sewer, Storm Sewer, and Watermain Systems, shall apply, together with all requirements of the Minnesota Department of Health and Industrial Commission, except as altered or modified by the Special Conditions. Where there is a discrepancy between the Specifications of the City of Eden Prairie and those of Minnesota Department of Transportation, the General Conditions of the City of Eden Prairie shall apply. The Contractor herein agrees to comply with the Minnesota Occupational Safety and Health Act of 1973 for the performance of the work. The Contractor shall comply with Minnesota Statutes Section 363 concerning the rules and regulations of the Minnesota Department of Human Rights. 1-10 PLANS: The term means the official drawings, plans, profiles, typical cross sections and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions and details of work to be performed. All such drawings, as listed elsewhere in the Contract Documents, are a part of the Plans whether attached to the Specifications or separate therefrom. 1-11 BIDDER: The term means an individual, firm, co-partnership or corporation, or combination thereof, submitting a Proposal for the work contemplated and acting directly or through a duly authorized representative. 1-12 PROPOSAL: The term means the written offer or copy thereof of a Bidder to perform the work described by the Contract Documents when made out and submitted on the prescribed Proposal Form, properly signed and guaranteed. 1-13 PROPOSAL GUARANTY: The term means the security designated in the Proposal to be furnished by the Bidder as a guaranty of good faith to enter into a contract with the City of Eden Prairie if the work is awarded to him. 1-14 CONTRACTOR: The term means the Contractor named in the Contract Documents. 1-15 SUBCONTRACTOR: The term means those having a direct contract with the Contractor and it includes one who furnishes material worked to a special design according to the plans and specifications of this work, but does not include one who merely furnishes material so worked. 1-16 CONTRACT BOND: The term means the Contractor's Performance and Payment Bonds required by the Contract Documents. 1-17 SURETY: The term means the person, firm or corporation who executes the contract bond. 1-18 WRITTEN NOTICE: The term means notice in writing delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered mail to the last business address known to whoever gives the notice. 1-19 GOVERNMENTAL AGENCY: A governmental unit other than the City having jurisdiction in the premises. 1-20 ACT of GOD: The term means an earthquake, flood, cyclone or other cataclysmic phenomenon of nature. Rain, wind, flood or any other natural phenomenon of normal intensity for the locality shall not be construed as an Act of God. GC-3 1-21 DAYS: The term means, unless otherwise provided, calendar days. 1-22 WORKING DAYS: Any day, excluding Saturday, Sunday or State recognized legal holidays, when weather conditions or the results of weather conditions will allow the Contractor to pursue, for two hours between 8:00 a.m. and 4:30 p.m. with the normal working force, any item or items of work which would be in progress at that time. 1-23 TIME of COMPLETION: The term means that date set in the Contract Documents for completion of the work; or number of working or calendar days after notice to proceed set out in the Contract Documents. (See also Paragraph 3-25). 1-24 INSPECTOR: The term means an authorized representative of the Engineer, assigned to make any or all necessary inspections of the work performed and the materials furnished by the Contractor. 1-25 LABORATORY: The term means the testing laboratory designated by the Engineer to inspect and determine the suitability of materials. SECTION 2 - PLANS, SPECIFICATIONS AND RELATED DATA 2-01 INTENT of PLANS and SPECIFICATIONS: The intent of the Plans and Specifications is that the Contractor furnish all labor and materials, equipment and transportation necessary for the proper execution of the work unless specifically noted otherwise. The Contractor shall do all the work shown on the Plans and described in the Specifications and all incidental work necessary to complete the project in an acceptable manner and to fully complete the work or improvement, ready for use, occupancy and operation of the City. It is further the intention of the Plans and Specifications to set forth requirements of performance, type of equipment and structures, and standards of materials and construction, to require new material and equipment unless otherwise indicated and to require complete performance of the work without specific reference to any minor component part. It is not intended, however, that material or work not covered by or properly inferable from any heading, branch, class or trade of the Specifications shall be supplied unless distinctly so noted. Materials of work described in words, which so applied have a well-known technical or trade meaning, shall be held to refer to such recognized standards. All work shall be completed in accordance with the Specifications and Plans, and in compliance with applicable laws of the U.S. Government, State of Minnesota, and the ordinances of the City of Eden Prairie. 2-02 CONFLICT: In the case of a conflict of meaning between any of the terms of the Contract Documents, the provisions of the document listed first below control over those of the document listed later: 1. Plans, Proposal, Proposal Form 2. Special Conditions 3. Detail Specifications 4. General Conditions 5. Contract Agreement Form Special Conditions and Detail Specifications are intended to modify and prevail over Standard Plans and Specifications. GC-4 2-03 DISCREPANCIES in PLANS: The drawings, specifications, and other parts of the Plans are intended to complement one another. Anything shown on the drawings but not mentioned in the Specifications, or vice versa, or anything not expressly set forth in either but which is reasonably implied, shall be furnished as though specifically shown and mentioned in both, without extra charge. Should anything be omitted from the drawings necessary to the proper construction of the work herein described, it shall be the duty of the Contractor to so notify the Engineer before signing the Contract; and in the event of the Contractor failing to give such notice, he shall make good any damage or defect in his work caused thereby, without extra charge. Questions as to meaning of Plans and Specifications shall be interpreted by the Engineer, whose decision shall be final and binding on all parties concerned. (See also GC 3-01). The Engineer will provide the Contractor with such information as may be required to show revised or additional details of construction. The Engineer will provide full information when errors or omissions in the Plans and Specifications are discovered. Any work done by the Contractor, after his discovery of such discrepancies, errors or omissions and prior to a decision by the Engineer, shall be done at the Contractor's risk. 2-04 ADEQUACY of PLANS and SPECIFICATIONS: Responsibility for adequacy of the design and for sufficiency of the Plans and Specifications shall be borne by the City, except for any work done by the Contractor after discovery of discrepancies, errors, or omissions which shall be the responsibility of the Contractor (See GC 2-03). The complete requirements of the work to be performed under the Contract shall be set forth in Plans and Specifications to be supplied by the City through the Engineer or by the Engineer as representative of the City. 2-05 PLANS and SPECIFICATIONS at JOB SITE: One complete set of all Plans and Specifications shall be maintained by the Contractor at the job site and shall be available to the Engineer at all times. Additional detail and working drawings will be furnished in amplification of the Contract Drawings as provided in the Special Conditions. All such additional drawings are to be considered of equal force with those which accompany the Specifications. The City retains ownership of all Plans, Specifications and Drawings, and they shall be returned to the City upon completion of the work. 2-06 SHOP DRAWINGS: The Contractor shall, upon request, submit shop drawings in quadruplicate for the approval of the Engineer. 2-07 EXAMINATION of PLANS and SPECIFICATIONS: Before submitting a bid, all Contractors must carefully examine the Plans and Specifications, and are solely responsible for evaluating the likelihood and the extent of any difficulties which may arise on the site of the work. After the time set for opening of the bids, no bidder may, without the consent of the City, withdraw his proposal or claim extra compensation or damages for any error or omission made by said bidder in preparing his proposal. In the event of discrepancies between the prices quoted in the proposal, in unit prices and the extensions thereof, the unit prices shall control. The prices are to include the furnishing of all materials, plant, equipment, tools, and all other facilities and the performing of all labor and services necessary or proper for the completion of the work, except such as may be otherwise expressly provided in the Contract Documents. GC-5 2-08 DIMENSIONS: Figured dimensions on the Plans will be used in preference to scaling the drawings. Where the work of the Contractor is affected by finish dimensions or manufacturer's equipment, these shall be determined by the Contractor at the site, and he shall assume the responsibility therefore. 2-09 MODELS: All models prepared for this work, in accordance with requirements of Plans and Specifications, shall become the property of the City at the completion of the work. 2-10 PRIVATE PROJECTS: These Specifications are written with the City of Eden Prairie as a party to the Contract. For private projects where the City of Eden Prairie is not a party to the Contract, these Specifications are available for private use. Although in this case, there must be a reference in the Special Conditions as to the Owner, Engineer and City relationships. SECTION 3 - ENGINEER-OWNER-CONTRACTOR RELATIONS 3-01 ENGINEER'S RESPONSIBILITY and AUTHORITY: The Engineer is responsible for the general supervision and direction of the work and whenever, in the exercise of his best judgment, it is necessary to do so to ensure the safety of all those working on the project and all members of the public. The Engineer may stop the work whenever such stoppage is necessary to insure the proper execution of the Contract. The Engineer may reject work and materials which do not conform to the Contract, as determined by special inspections and tests as he may require, to direct the application of forces to any portion of the work as in his judgment is required, to order the force increased or diminished and to decide questions which arise in the execution of the work. The Engineer is not responsible for the acts or omissions of the Contractor's superintendent or other employees. The Engineer shall, within a reasonable time after their presentation to him, make decisions in writing on all claims of the City or the Contractor and on all other matters relating to the execution and progress of the work or the interpretation of the Contract Documents. All such decisions of the Engineer shall be final, except where time or financial considerations are involved, in which case the decision is subject to Arbitration under GC 3-05. Failure to condemn any inferior material or work at the time of its use or construction shall not be construed as an acceptance of the same, but the Contractor shall, upon notice from the Engineer at any time prior to the final acceptance of the improvement, immediately tear out, remove and properly reconstruct, at his own cost, any portion of this improvement which the Engineer may decide to be defective and the Contractor will be held wholly responsible for the safety, proper construction and perfection of the entire improvement until the same has been finally accepted and paid for by the City of Eden Prairie. The Engineer will make final inspection of all work included in the Contract or any portion thereof, as soon as practical after notification by the Contractor that such work is nearing completion. If such work is not acceptable to the Engineer at the time of his inspection, he will advise the Contractor in writing as to the particular defects to be remedied before such work can be accepted. If, within a period of ten (10) days after such notification, the Contractor has not taken steps to speedily complete the work as directed, the Engineer may, without further notice and without in any way impairing the Contract, make such other arrangements as he may deem necessary to have such work completed in a satisfactory manner. The cost of completing such work shall be deducted from any monies due, or which may become due,to the Contractor on his Contract. GC-6 3-02 SUSPENSION of WORK by ENGINEER: When, in the judgment of the Engineer, unfavorable weather or any other condition makes it impractical to perform work in accordance with the Contract, or should the Contractor fail to carry out the provisions of the Contract or supply materials meeting the requirements of the Specifications, the Engineer may issue to the Contractor a written order to suspend work on all or any part of the Contract work. When conditions are again favorable for prosecution of the work, the Engineer will issue to the Contractor a written order to resume the suspended work. Orders to suspend work will not be written for intermittent shutdowns due to weather conditions unless the suspension of work is to be for an extended period of time. The Contractor shall take every precaution to prevent any damage or unreasonable deterioration of the work during the time it is closed down. Suspension of the work by the Engineer is not grounds for claims by the Contractor for damages or extra compensation. 3-03 SUSPENSION of WORK by CITY: The City may at any time suspend the work, or any part thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to do so. If the work, or any part thereof, shall be stopped by notice in writing aforesaid, and if the City does not give notice in writing to the Contractor to resume work at a date within a year of the date fixed in the written notice to suspend, then the Contractor may abandon that portion of the work so suspended, and he will be entitled to the estimates and payments for all work done on the portions so abandoned, if any (See also GC 7-10). This paragraph shall not be construed as entitling the Contractor to compensation for suspension due to failure to furnish adequate surety as specified herein, or for suspension made at the request of or due to the fault of the Contractor. If suspension of all or part of the work causes additional expenses not due to the fault or negligence of the Contractor, the City shall reimburse the Contractor for the additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the Engineer within ten (10) days after the date of order to resume work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement weather, failure to furnish additional surety or sureties specified herein, for suspension made at the request of the Contractor, or for any other delay provided for in the Contract Documents. 3-04 SUSPENSION of WORK by CONTRACTOR: The Contractor may suspend work upon ten (10) days written notice to the City and the Engineer, for any of the grounds for termination set forth in GC 3-18. 3-05 ARBITRATION: Should there be a dispute about any matter involving the decision of the Engineer which is subject to arbitration, the dispute may be submitted to arbitration by either party to the Contract , provided the City consents to arbitration. (See GC 3-01). The Contractor shall not delay the work because arbitration proceedings are pending unless he shall have written permission from the Engineer to do so and such delay shall not extend beyond the time when the arbitrator or arbitrators shall have the opportunity to determine whether the work shall continue or be suspended pending decision by the arbitrator or arbitrators of such a dispute. Any demand for arbitration shall be in writing and shall be delivered to the Engineer and any adverse party by either personal delivery or by registered mail addressed to the last known address of each within ten (10) days of receipt of the Engineer's decision, and in no event after final payment has been made and accepted, subject, however, to any express stipulation to the contrary in the Contract Documents. Should the Engineer GC-7 fail within a reasonable period to make a decision, a demand for arbitration may then be made as if the Engineer's decision had been rendered against the party demanding arbitration. No one shall be qualified to act as an arbitrator who has, directly or indirectly, any financial interest in the Contract or who has any business or family relationship with the City, the Contractor, or the Engineer. Each arbitrator selected shall be qualified by experience and knowledge of the work involved in the matter to be submitted to arbitration. Arbitration shall be conducted in accordance with the Uniform Arbitration Act, Minnesota Statutes, Chapter 572, and the Construction Industry Arbitration Rules of the American Arbitration Association. 3-06 CONFLICTS: No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect in this Contract. The violation of this provision renders the Contract void. Any federal regulations and applicable State Statutes shall not be violated. 3-07 LIMITATIONS of REMEDIES: In the event of a breach of the Contract by the City, the Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 3-08 EXAMINATION of COMPLETED WORK: If the Engineer requests it, the Contractor at any time before acceptance of the work shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the Specifications. Should the work thus exposed or examined prove acceptable, the uncovering or removing, and the replacing of the covering or making good of the parts removed shall be paid for as Extra Work, in accordance with requirements of GC 7-04; but should the work so exposed or examined prove unacceptable, the undercovering, removing and replacing shall be at the Contractor's expense. 3-09 CONTRACTOR'S SUPERINTENDENTS: A qualified superintendent, who is acceptable to the Engineer, shall be maintained on the work and given efficient supervision to the work until its completion. The superintendent shall have full authority to act in behalf of the Contractor, and all directions given to the superintendent shall be considered given to the Contractor. The Engineer's instructions may be confirmed in writing and shall be so confirmed upon written request of the Contractor. 3-10 CONTRACTOR'S EMPLOYEES: The Contractor shall be responsible to the City for acts and omissions of the Contractor's employees, subcontractors and their agents and employees, and other persons or entities performing portions of the project for or on behalf of the Contractor or any of the subcontractors. The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit person or persons not skilled in tasks assigned to them. 3-11 INSPECTORS: Inspectors may be appointed by the Engineer or City to see that the work is performed in accordance with the Plans and Specifications. Inspectors shall have authority to suspend all or a portion of the work which is not being properly performed and, subject to the final decision of the Engineer, to condemn and reject defective work and materials. GC-8 Inspectors shall have no authority to permit deviation from the Plans and Specifications and the Contractor shall be liable for any deviations made without a written order from the Engineer. If requested by the Contractor, the suspension order will be given in writing. Inspectors shall not act as foremen or perform other duties for the Contractor. 3-12 LANDS by CITY: Where the work passes over or through private property, the City will secure right-of-way or easement. The Contractors shall not receive any extra compensation or be entitled to any extras because of delay on the part of the City in obtaining right-of-way or easement. 3-13 LANDS by CONTRACTOR: Any additional land or access thereto that may be required for temporary construction facilities or for storage of materials shall be provided by the Contractor with no liability to the City. The Contractor shall confine his apparatus and storage materials and operation of his workers to those areas described in the Plans and Specifications and such additional areas which he may provide as approved by the Engineer. 3-14 PRIVATE PROPERTY: The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. 3-15 REMOVAL of CONSTRUCTION EQUIPMENT, TOOLS and SUPPLIES: At the termination of this Contract, before acceptance of the work by the City, the Contractor shall remove all of his equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them. (See also GC 7-12). 3-16 CITY'S RIGHT to CORRECT DEFICIENCIES: If the Contractor should neglect to prosecute the work properly or fail to perform any provision of this Contract, the City after ten (10) days written notice to the Contractor may, without prejudice to any other remedy he may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor. (See also GC 7-12). 3-17 CITY'S RIGHT to TERMINATE CONTRACT and COMPLETE the WORK: The City has the right to terminate the employment of the Contractor for any of the following reasons: 1. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent; 2. Failure of Contractor to supply adequate properly skilled workmen or proper materials; 3. Failure of Contractor to make prompt payment to subcontractor for material or labor; 4. Any disregard of laws, ordinances or proper instructions of the Engineer; 5. Assignment or work without permission of the City; 6. Abandonment of the work by Contractor; 7. Failure to meet the work progress schedule set forth in the Contract; GC-9 8. Unnecessary delay which, in the judgment of the Engineer, will result in the work not being completed in the prescribed time. Termination of the Contract shall be preceded by seven (7) days written notice by the City to the Contractor and his surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such seven (7) day period unless the City Council shall withdraw its notice of termination. Upon termination of the Contract by the City, the City may complete the work required by the Contract by whatever means it deems expedient, including requiring the Contractor's surety to complete the work. The taking over of the work by the City upon contract termination shall not affect the right of the City to recover liquidated damages from the Contractor or his surety for failure to complete the Contract. In the event that the Contractor involuntarily abandons the work, fails or refuses to complete the work embodied in the Contract or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all extra legal, engineering, or other costs resulting from such abandonment, failure or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. When the City assumes control of the work under the Contract pursuant to termination the City may take possession of the work and all material, tools and equipment therein belonging to the Contractor and may use the same to complete the work at Contractor's expense. Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor shall pay the difference to the City. The expenses incurred by the City as herein provided and the damages incurred through the Contractor's default shall be certified by the Engineer. (See also GC 7-12). 3-18 CONTRACTOR'S RIGHT to TERMINATE CONTRACT: The Contractor may terminate the Contract upon ten (10) days written notice to the Owner and the Engineer for any of the following reasons: 1. If an order of any court or other public authority caused the work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or his employees. 2. If the Engineer should fail to act upon any Request for Payment, in the manner set forth in GC 7-06, within ten (10) days after it is presented in accordance with the General Conditions. 3. If the City should fail to act upon any Request for Payment, in the manner set forth in GC 7-07, within 31 days after its approval by the Engineer. 4. If the City should fail to pay the Contractor any sum within 31 days after its award by arbitrators. GC-10 3-19 INJUNCTIONS: If by reason of any court proceedings, instituted by any third party or by the City affecting, directly or indirectly, the construction or completion of any portion or portions of this improvement, the Contractor or the City of Eden Prairie shall be unable to construct or complete said portions of the work, and if in consequence thereof it shall in the discretion of the City Council, be impractical to construct or complete any other portion or portions thereof, the Contractor shall, and does hereby waive any and all claims for damages because of such inability to complete the improvement as planned, and the Engineer shall have the right to report such improvement as completed and file his final estimate thereon as provided for in the full completion of other improvements in the City, and the Contractor shall accept in full payment of his work upon said improvement, and as a cancellation of his Contract thereof, a sum of money determined in strict accordance with his proposal for the Contract, on the basis of the work actually completed up to the time of stopping thereof. 3-20 RIGHTS of VARIOUS INTERESTS: Wherever work being done by the City's employees or by other contractors is contiguous to work covered by this Contract, the respective rights of the various interests involved shall be established by the Engineer, to secure the completion of the various portions of the work in general harmony. 3-21 SEPARATE CONTRACTS: The City reserves the right to let other contracts in connection with this work. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate his work with theirs. If any part of the Contractor's work depends upon the proper execution or results of the work of any other contractor, the Contractor shall inspect and promptly report to the Engineer any defects in such work that render it unsuitable for such proper execution and results. His failure to so inspect and report shall constitute an acceptance of the other contractor's work after the execution of his work. To insure the proper execution of his work, the Contractor shall measure work already in place and shall at once report to the Engineer any discrepancy between the executed work and the drawings. 3-22 SUBCONTRACTS: At the time specified by the Contract Documents or when requested by the Engineer, the Contractor shall submit in writing to the City for approval the names of the subcontractors proposed for the work. Subcontractors may not be changed except at the request of and with the approval of the City. The Contractor is responsible to the City for the acts and omissions of his employees and Subcontractors. The Contract Documents shall not be construed as creating any contractual relation between any subcontractor and the City. The Contractor agrees to bind every subcontractor and every subcontractor agrees to be bound by the terms of the Contract Documents as far as applicable to his work, including the following provisions of this Section, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City Engineer. The Subcontractor agrees to be bound to the Contractor by the terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities that the Contractor, by those documents, assumes toward the City. The Contractor agrees to be bound to the Subcontractor by all the obligations that the City assumes to the Contractor under the terms of said documents, and by all the provisions thereof affording remedies and redress to the Contractor from the City. GC-11 The Contractor shall not assign, sublet, or transfer the whole or any part of the work herein specified without the written consent of the City. Any such assignment, subletting, or transfer shall not in any manner relieve the Contractor from any of the responsibilities assumed herein. For convenience of reference and to facilitate the letting of contracts and subcontracts, the Specifications are separated into title sections. Such separations shall not, however, operate to make the Engineer an arbiter to establish limits to the contracts between Contractor and Subcontractor. 3-23 WORK DURING an EMERGENCY: The Contractor shall perform any work and shall furnish and install any materials and equipment necessary during an emergency endangering life or property. In all cases, he shall notify the Engineer of the emergency as soon as practical, but he shall not wait for instructions before proceeding to properly protect both life and property (See also GC 4-03). In cases where the Contractor cannot or does not meet the emergency, the City may take appropriate action to protect life and safety. 3-24 ORAL AGREEMENTS: No oral order, objection, claim or notice by any party to the others shall affect or modify any of the terms or obligations contained in any of the Contract Documents, and none of the provisions of the Contract Documents shall be held to be waived or modified by reason of any act whatsoever, other than by a definitely agreed waiver or modification thereof in writing, signed by the parties to be bound or by the representatives of the parties authorized to enter into such a waiver or modification, and no evidence shall be introduced in any proceeding of any other waiver or modification. 3-25 CONSTRUCTION SCHEDULE: After being awarded the Contract, the Contractor shall prepare and submit to the Engineer for approval a progress schedule which will insure the completion of the project within the time specified. Adequate equipment and forces shall be made available by the Contractor to start work immediately upon order of the Engineer and to carry out the schedule to completion of the Contract within the time specified. 3-26 DELAYS and EXTENSION of CONTRACT TIME: The Contractor herewith specifically waives claims for damages for any hindrance or delay. He will, in lieu thereof, be granted extensions of time for which liquidated damages will not be claimed by the City for the following causes: A delay caused the Contractor by any suit or other legal action against the City will entitle the Contractor to an equivalent extension of time unless the period of such delay exceeds 90 days. When such period is exceeded, the City will, upon request by the Contractor in writing, either terminate the Contract, or grant a further extension of time, whichever as may at that time appear most desirable to both parties. If the Contractor be delayed at any time in the progress of the work by an act of neglect of the City or the Engineer or any employees of either, or by any other Contractor employed by the City, or by strike, fire, unusual delay in transportation, unavoidable casualties, or other causes beyond the Contractor's control, or by any cause which, in the opinion of the Engineer, shall justify the delay, then the time of completion shall be extended for such reasonable time as the Engineer may decide. No such extension shall be made for delay occurring more than seven (7) days before claim therefore made in writing to the Engineer. Shutdowns due to improper work, or otherwise due to the Contractor's operation, are not cause for extension of time. If during the term of this Contract, the volume of the specified work, measured in dollars, is increased over the total value shown on the Contractor's proposal at the time the award of Contract is made, the Contractor will be granted an extension proportionately equal to the increase in the total value. Should GC-12 unforeseen conditions require the performance under an Extra Work Order, of work more complex or difficult than that originally specified and shown on the Plans, and such work, in the Contractor's opinion, requires more time to execute than the proportional increase in dollar value, the Contractor shall state to the Engineer, in writing, prior to the performance of such work, his estimate of the added time required for such work. The City will, if such estimate be reasonable, allow an added extension of time equal to the difference between the total time required and the proportional increase in the dollar value of the work. SECTION 4 - SCOPE OF WORK 4-01 ESTIMATE of QUANTITIES: The schedule of quantities, although stated with as much accuracy as is possible in advance, is approximate only and is assumed solely for the purpose of comparing bids. The quantities on which payments will be made to the Contractor are to be determined by measurements of the work actually performed by the Contractor as specified in the Contract Documents. (See GC SECTION 7). 4-02 ADDITIONAL INSTRUCTIONS: If the instructions and Plans are not sufficiently clear to permit the Contractor to proceed with the work, the Engineer shall, either upon his own initiative or upon the request of the Contractor, furnish additional written instructions, together with additional drawings as may be necessary. When such request is made by the Contractor, it must be in ample time to permit the preparation of the instructions and drawings by the Engineer before the construction of the work covered by them is undertaken. Such additional instructions and drawings shall be consistent with the Contract Documents and shall have the same force and effect as if contained in the Contract Documents. For the purpose of avoiding delays in the preparation of such additional instructions and drawings, the Engineer and the Contractor shall jointly prepare a schedule showing the time for the commencement of the work to be included in them and the time the Contractor shall furnish the necessary shop drawings which may be necessary for their preparation. The Contractor shall do no work without proper drawings or instructions and shall, at his own expense, replace any work not in accordance with such drawings and instructions. 4-03 CHANGES or ALTERATIONS in the WORK: The City, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work; the Contract sum being adjusted according to the respective unit bid prices. All such work shall be executed under the conditions of the original Contract, except that any claim for extension of time caused thereby shall be adjusted at the time of ordering such change. Any claims for compensation adjustment shall be in accordance with MnDOT 1517. Consequently, if the Contractor claims that any instructions by drawings or otherwise issued after the date of the Contract involved extra cost under the Contract, he shall give the Engineer written notice thereof within seven (7) days, after the receipt of such instructions and in any event before proceeding to execute the work, except emergency endangering life or property, and the procedure shall then be provided for elsewhere herein for changes in the work. No such claim shall be valid unless so made. In giving instructions, the Engineer shall have authority to make minor changes in the work, not involving extra cost, and not inconsistent with the purposes of the work but otherwise (except in an emergency endangering life or property) no extra work or change shall be made unless in pursuance of a written order by the Engineer, and provided that such work or change does not change the dollar GC-13 value of the total contract amount or 25% of any major contract item (as defined in the MnDOT Standard Specification for Construction). 4-04 INTERPRETATIONS and CHANGE ORDERS: No oral interpretation shall be made to the Contractor as to the meaning of any of the Contract Documents, or to modify any of the provisions of the Contract Documents. Every request for an interpretation shall be made in writing and addressed and forwarded to the Engineer. The City will not be responsible for any other explanation or interpretation of the Plans and Specifications. If unforeseen conditions require a change in the dimensions of a structure, location of underground pipes, or major variations of a similar nature from the original Plans, necessitating exceeding the reasonable limits defined below, or being of the nature of a substantial departure from the original Plans, such change shall be covered by a change order. The change order is to set forth in complete detail the nature of the change and reasons therefore. The compensation to be paid the Contractor and whether it is an addition or a reduction with respect to the original Contract costs is also to be covered in detail. Should additional or supplemental drawings be required, they will be furnished by the City Engineer. 4-05 SALVAGE: Unless otherwise indicated on the Plans or in the Special Conditions, all castings, pipe and any other material taken from the work shall be the property of the Contractor. 4-06 CLEANUP: The Contractor shall at his own expense, clean up and remove all refuse and unused materials of any kind resulting from the work. Upon failure to do so within 72 hours after request by the Engineer, the work may be done by the City and cost thereof be charged to the Contractor and deducted from his final estimate. (See also GC 7-12). 4-07 TAXES: The Contractor shall pay all sales, consumer, use and other similar taxes required to be paid by him in accordance with the law of the place where the work is to be performed. 4-08 PERMITS: The City of Eden Prairie will apply for all necessary permits unless otherwise noted. The Contractor shall secure and pay for all necessary bonds and meet all additional requirements of these permits. The Contractor shall also be responsible for obtaining a permit from the City of Eden Prairie Engineering Division for any project that involves work within City right-of-way or public easements. The permit shall include, but not be limited to; utility connections and installations, underground construction, placement of obstructions or structures, removal of existing streets and connections to any existing City facilities. SECTION 5 - MATERIALS AND WORKMANSHIP 5-01 QUALITY of EQUIPMENT and MATERIALS: In order to establish standards of quality, the Engineer has, in the detailed Specifications, referred to certain products by name and catalog number. This procedure is not to be construed as eliminating from competition other products of equal or better quality by other manufacturers where fully suitable in design as determined by the Engineer. Whenever in these Specifications a material or article is specified by using the specific description or name of proprietary product, or name of a manufacturer or vendor, rather than by using descriptive detail or substance and function, any article which will perform the duties imposed adequately and to the same effectiveness as determined by the Engineer, will be acceptable as a substitute in lieu of the material or articles so specified. GC-14 The source of supply of the materials to be used shall be approved by the Engineer before delivery is started. The approval of the source of any material is effective as long as the material itself conforms to the Specifications. Only materials conforming to the requirements of these Specifications shall be used in the work. The source of any material shall not be changed at any time without the written approval of the Engineer. The Contractor may be required at any time to furnish a complete statement of the origin, composition and manufacturer of any or all materials required in the work, or to submit samples of the same. Unless otherwise specified, all materials shall be new and both workmanship and material shall be of good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials or tools used by him. All materials, supplies, and articles furnished shall, whenever so specified, and otherwise wherever practical, be the standard stock products of recognized reputable manufacturers as determined by the Engineer. The Contractor shall furnish a complete list of proposed desired substitutions, together with such engineering and catalog data as the Engineer may require. List and information must be submitted prior to submittal of first progress payment estimate. The Contractor shall abide by the Engineer's judgment when proposed substitute materials or items of equipment are judged to be unacceptable and shall furnish the specified material or item of equipment in such case. All proposals for substitutions shall be submitted in writing by the Contractor and not by individual trades or material suppliers. The Engineer will approve or disapprove proposed substitutions in writing within a reasonable time. No substitute material shall be used unless so approved in writing. 5-02 MATERIALS FURNISHED by the CITY: Materials specifically indicated will be furnished by the City. The fact that the City is to furnish material is conclusive evidence of its acceptability for the purpose intended, and the Contractor may continue to use it until otherwise directed. If the Contractor discovers any defect in material furnished by the City, he shall notify the Engineer. Materials furnished by the City, which are not of local occurrence, will be provided at locations listed on Plans or in Specifications. The Contractor shall be responsible for material loss or damage, including that caused by third parties, after his receipt of material. 5-03 MATERIALS FURNISHED by the CONTRACTOR: All materials used in the work shall meet the requirements of the respective Plans and Specifications. All material not otherwise specifically indicated shall be furnished by the Contractor. 5-04 STORAGE of MATERIALS: Materials shall be stored so as to insure the preservation of their quality and fitness for the work and such materials, even though approved before storage, shall be subject to test and must meet the requirement of these Specifications at the time it is proposed to use them in the work. Materials shall be stored in a manner that will facilitate inspection. The portion of the right-of-way not required for public travel may, with the consent of the Engineer, be used for storage purposes, and for the placing of the Contractor's plant and equipment; but any additional space required; unless otherwise stipulated, shall be provided by the Contractor at his expense. From the commencement of the work until the completion of the same, the Contractor shall be solely responsible for the care of the work covered by this Contract and for the materials delivered at the site intended to be used in the work and all injury or damage to the same from whatever cause, shall GC-15 be made good at his expense before the final estimate is made. He shall provide suitable means of protection for and shall protect all materials intended to be used in the work and all work in progress as well as completed work. He shall take all necessary precautions to prevent injury or damage to the work in progress of construction by flood, freezing or from inclemencies of the weather at any and all times and only approved methods shall be used for this purpose. 5-05 REJECTED WORK and MATERIALS: All materials which do not conform to the requirements of the Contract Documents, are not equal to samples approved by the Engineer, or are in any way unsatisfactory or unsuited to the purpose for which they are intended, shall be rejected and shall be removed immediately from the right-of-way, unless otherwise permitted. No materials which have been rejected -- the defects on which have been corrected or removed -- shall be used until approval has been given. If the Contractor does not remove such condemned work and materials within a reasonable time fixed by written notice, the City may remove them and may store the materials at the expense of the Contractor. If the Contractor does not pay the expense of such removal within ten (10) days thereafter, the City may, upon ten (10) days written notice, sell such materials at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs and expenses that should have been borne by the Contractor. The Contractor shall promptly remove from the premises all materials condemned by the Engineer as failing to conform to the Contract, whether incorporated in the work or not and the Contractor shall promptly replace and re-execute his own work in accordance with the Contract Documents without expense to the City and shall bear the expense of making good all work of the other contractors destroyed or damaged by such removal or replacement. Work done contrary to or regardless of the instructions of the Engineer, work done without lines, grade or cross section stakes and grades shown on the Plans or as given by the Engineer, or any deviation made from the Plans and Specifications without written authority will be considered unauthorized and at the expense of the Contractor, and will not be measured or paid for by the City. Any and all work so done may be ordered removed and replaced immediately at the Contractor's expense. (See also GC 7-09). 5-06 MANUFACTURER'S DIRECTIONS: Manufactured articles, material and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer unless herein specified to the contrary. 5-07 CUTTING and PATCHING: The Contractor shall do all necessary cutting and patching of the work that may be required to properly receive the work of the various trades or as required by the Plans and Specifications to complete the work. He shall restore all such cut or patched work as directed by the Engineer. Cutting of existing structures that will endanger the work, adjacent property, workmen or the public shall not be done unless approved by the Engineer and under his direction. 5-08 PATENTS: All fees or royalties for patented inventions, equipment, or arrangements that may be used in any manner connected with the construction or erection of the work, or any part thereof, shall be included in the price mentioned in the Contract. 5-09 CONTRACT BOND: Before execution of this Contract and within ten (10) days after the notice of acceptance thereof by the City to the Contractor, the Contractor shall furnish the City a Payment Bond and Performance Bond conditioned as required by Minnesota Statutes, Section 574.26, and the GC-16 Contract Documents. The Performance and Payment Bonds shall remain in full force and effect through the guaranty period. 5-10 GUARANTY: The Contract shall warrant and guarantee and agree to maintain the stability of all work and materials done, furnished and installed under this Contract for a period of two (2) years after final payment in accordance with the provisions of the Contract Agreement and the Performance Bond required by GC 5-09. The date of final payment is considered the date listed on the City approved final estimate of payment. The obligation of the Contractor pursuant to this section shall be in addition to and not in limitation of any obligations imposed upon him by any other provision of the Contract Documents or any other obligation imposed or prescribed by law. The Contractor warrants to the Owner that all materials and equipment furnished under this Contract will be new unless otherwise specified, and that all work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. This warranty is not limited by the provisions of Section 7. 5-11 OVERWEIGHT POLICY: The Contractor shall be advised that the City of Eden Prairie will closely adhere to the policy of MnDOT on the payment of materials brought to the project site on overweight loads. This policy is defined in the MnDOT Construction Administration Manual, Section 5-591.380, dated May 16, 2011. SECTION 6 - LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC 6-01 CONTRACTOR'S RESPONSIBILITIES: The Contractor shall furnish all necessary machinery, tools, labor and materials of every character required, and shall fully complete the work in accordance with the Plan, Specifications, and Detail Drawings, for the prices bid. All equipment to be used must be approved by the Engineer prior to starting the work. The entire work to be performed under the Contract for this improvement is to be at the Contractor's risk, and he is to assume the responsibility for and risk of all damages to the work or to property adjacent to or on the line of said work. The Contractor shall have charge of and be responsible for entire improvement until its completion and acceptance. It shall be his responsibility to maintain all stages of work in a safe and suitable condition at all times, including nights, weekends, and holidays. The Contractor shall make observations of his work during such periods as are necessary to insure proper care of the work. He shall be liable for any defects which may appear or be discovered on his work before the final payment herein specified. Whenever the Contractor is not present on the work, directions will be given to the Superintendent or Foreman who may have immediate charge thereof, and shall by him be received and strictly obeyed. The Contractor shall designate one person who shall have charge of the job and to whom the inspector shall notify regarding the work. If any person employed on the work shall refuse or neglect to obey the directions of the City Engineer, or his duly authorized representative, in anything relating to the work, or shall appear to be incompetent, disorderly or unfaithful, he shall, upon the request of the City Engineer be at once discharged and not again employed upon any part of the work. The Contractor shall submit, at such times as may reasonably be requested by the Engineer, schedules which shall show the order in which the Contractor proposes to carry on the work, with the dates at which the Contractor will start the several parts of the work, and estimated dates of completion of the several parts. GC-17 The Contractor and his sureties shall save harmless the City and any and all of its officers, agents, consultants and employees from any claims and demands or losses, damages, costs, charges and expenses of every nature and description, whether direct or indirect, because of the performance of this Contract, including all injuries to workmen or persons other than workmen and for all property damages. The Contractor shall indemnify the City against any such loss or any liability of any nature, whether direct or indirect, and the City reserves the right to deduct from any money due the Contractor the amount of any judgment of claims therefore. The obligations of the Contractor do not extend to the liability of the consultant or Special Engineer, his agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications which are certified by the Special Engineer. The approval of the above documents by the Special Engineer shall be subject to the conditions, limitations and exceptions stated on such documents and in the Contract Documents. No approval of any document by the Special Engineer shall be implied. The Special Engineer shall not be deemed to have approved any document unless such document bears the Special Engineer's Certificate or Seal. 6-02 RESPONSIBLE CONTRACTOR: Contractor warrants under oath that Contractor is in compliance with the minimum criteria required of a “responsible contractor” as that term is defined in Minnesota Statutes § 16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors and motor carriers that it intends to retain for work on the project. The Contractor has obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If Contractor retains additional subcontractors or motor carriers on the project after submitting its verification of compliance, the Contractor shall obtain verification of compliance from each additional subcontractor and motor carrier with which it has a direct contractual relationship and shall submit to the City a supplemental verification confirming the subcontractor’s and motor carrier’s compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors or motor carriers. Contractor shall submit to the City upon request copies of the signed verifications of compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance with any of the minimum criteria may result in termination of the Contract. 6-03 DATA PRACTICES ACT: The Contracting Party shall at all times abide by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13. Government Data Practices, to the extent that the Act is applicable to data and documents in the hands of the Contractor. 6-04 DISCRIMINATION: In performance of this contract, the Contractor shall not discriminate on the grounds of or because of race, color, creed, religion, national origin, sex, marital status, status with regards to public assistance, disability, sexual orientation, or age against any employee of the Contractor, and subcontractor of the Contractor, or any applicant for employment. The Contractor shall include a similar provision in all contracts with subcontractors to this contract. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minn. Stat. 363.01, et seq., Title VI of the Civil Rights Act of 1964, and the American with Disabilities Act of 1990. 6-05 USE of PREMISES: The Contractor shall confine his equipment, storage of materials and operation or work to the limits indicated by law, ordinances, permits or direction of the Engineer, and shall not unreasonably encumber the premises with his materials. GC-18 6-06 PRIVILEGES of CONTRACTOR in STREETS, RIGHTS-OF-WAY and EASEMENTS: For the performance of the Contract, the Contractor will be permitted to occupy such portions of streets or alleys, or other public places, or other rights-of-way, as shown on the Plans or as permitted by the Engineer. A reasonable amount of tools, materials and equipment for construction purposes may be stored in such space, but not more than is necessary to avoid delays in the construction. Excavated and waste materials shall be piled or stacked in such a way as not to interfere with spaces that may be designed to be left free and unobstructed, nor inconvenience occupants of adjoining property. Other Contractors of the City may, for all purposes required by their contracts enter upon the work and premises used by the Contractor, and the Contractor shall give to other contractors of the City all reasonable facilities and assistance for the completion of adjoining work. Any additional grounds desired by the Contractor for his use shall be provided by him at his own cost and expense. Where the work encroaches upon right-of-way of any railway or State or County Highway, the City will apply for the necessary easement or permit for the work. The Contractor shall secure the permit, pay the cost of original permit fees and provide bonds as required at no additional compensation. Where railway tracks or such highway are to be crossed, the Contractor shall observe all the regulations and instructions of the railway company and Highway Department as to methods of doing the work, or precautions for safety of property and the public. All negotiations with the railway company and Highway Department, except the right-of-way, shall be made by the Contractor at his expense. The Contractor will not be paid direct compensation for such railway or highway crossing, unless so provided in the Special Conditions and Proposal. 6-07 SAFETY: Precautions shall be exercised at all times by the Contractor for the protection of persons, employees and property. The safety provisions of applicable laws and local building and construction codes shall be observed. The Contractor is solely responsible for the safety, proper construction and perfection of the entire work until the same has been finally accepted and paid for by the City. The Contractor is responsible for conducting his work in compliance with the requirements of applicable State and Federal laws, and the rules and regulations of such governmental agencies having jurisdiction over such operations. The Contractor shall be solely responsible for providing temporary ladders, guard rails, shoring, bracing, dewatering, if required, warning signs, night lights, and other safeguards desirable or required by the Engineer and by the State and Federal laws. The Contractor shall provide and maintain, at his own expense and on a 24-hour basis, all necessary safeguards such as watchmen, warning signs or signals, barricades and night lights at all unsafe places at or near the work. Special care shall be exercised to prevent vehicles, pedestrians, and livestock from falling into open trenches or being otherwise harmed as a result of the work. Excavations in or adjacent to public streets or alleys in which water stands more than one foot deep shall be securely barricaded with snow fence so as to prevent access by small children at all times work is not being carried on at the site of excavation. Barricades shall be painted in a color that will be visible at night. From sunset to sunrise, the Contractor shall furnish and maintain at least two lights at each barricade. A sufficient number of barricades shall be erected to keep vehicles from being driven on or into any work under construction. The Contractor shall furnish watchmen in sufficient numbers to protect the work. The Contractor shall in all cases maintain safe passageways at all road crossings, crosswalks and street intersections, and shall do all other things necessary to prevent accident or loss of any kind. GC-19 6-08 FAILURE to PAY for LABOR and MATERIALS: If, at any time, the Contractor fails to pay the Subcontractor or the laborers employed upon the work, or fails to pay for the materials used therein, the City may withhold from the money which may be due the Contractor under this agreement such amount or amounts as may be necessary for the payment of such Subcontractors, laborers, or materials, and may, acting as agent for the Contractor, apply the same to such payments and deduct the same from the final estimate of the Contractor. 6-09 MOVING of PUBLIC and PRIVATE UTILITIES: The City will give reasonable notice to all affected utility companies of necessary movement of their installations prior to commencement of the work. It shall be the responsibility of the Contractor to coordinate his work with that of the utilities in such manner as to cause the least possible interference, and as may be further provided in the Special Conditions and Specifications. It is provided that no utility, private or public, shall be moved to accommodate the Contractor's equipment or his method of operation when such utility does not conflict with the installation of the improvement under construction unless the costs of such removal shall be at the expense of the Contractor. The Contractor shall notify the proper representatives of any public utility, corporation, and company or individual, not less than 48 hours in advance of any work which might damage or interfere with the operation of their or his property along or adjacent to the work. 6-10 PROTECTION of PUBLIC and PRIVATE UTILITIES: The Contractor shall support and protect by timbers or otherwise, all pipes, conduits, poles, wires or other apparatus which may be in any way affected by the work. If, through the Contractor's operations, any of said pipes, conduits, poles, wires, or apparatus should be damaged, they shall be repaired by the authorities having control of same, and the expenses of such repairs shall be charged to the Contractor. The Contractor shall indemnify and save the City harmless from claims for any damage done to any street or other public property, or to any private property by reason of breaking of any water pipe, sewer or gas pipe, electric conduit, or other utility by or through his negligence. The Contractor shall restore, or have restored at his own cost and expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise restoring as may be directed, or he shall make good such damage from injury in a manner acceptable to the City or the Engineer. In case of failure on the part of the Contractor to restore such property or make good such damage or injury, the Engineer may, upon 48 hours written notice under ordinary circumstances and without notice when a nuisance or hazardous condition results, proceed to repair, rebuild, or otherwise restore such property as may be determined necessary, and the cost thereof will be deducted from any monies due to the Contractor under this Contract and if not so deducted, the Contractor will be obligated to forthwith reimburse the City for the cost thereof. The Contractor shall indemnify and save the City harmless from claims brought for or on account of any damage, maintenance, removal or replacement, or relocation of mains, conduits, pipes, poles, wires, cables or other such structures of private utility firms or corporations, whether underground or overhead, that may be caused or required by the Contractor during the time the work is in progress. In cases where the alignment, as shown on the Plans, coincides with the existing location of either an overhead or underground privately owned utility so that, in the opinion of the Engineer, the relocation of said utility is required to complete the installation, the City shall not be responsible for any cost associated for such relocation. GC-20 6-11 DAMAGE to EXISTING IMPROVEMENTS and UTILITIES: Prior to construction, the Contractor shall obtain field locations or other assistance as may be required to determine the existence and location of gas main and other private utilities as well as public utilities of the City, County or State which may be underground or overhead within street and highway right-of-way or within easements and which may be interfered with under this Contract. Existing underground, surface or overhead structures are not necessarily shown on the Plans, and those shown are only approximately correct and no responsibility is assumed by the City or the Engineer for the accuracy of location. The Contractor shall make such investigations as are necessary to determine the extent to which existing structures may interfere with the work contemplated under this Contract. The sizes, locations and depths of such structures as are shown on the Plans and profiles are only approximately correct and the Contractor shall satisfy himself as to the accuracy of the information given. The Contractor shall not claim or be entitled to receive compensation for any damages sustained by reason of the inaccuracy or the omission of any of the information given on the drawings, relative to the surface, overhead, or underground structure or by reason of his failure to properly protect and to maintain such structures. The Contractor is to exercise extreme care in crossing or working adjacent to all utilities and shall be responsible to protect and maintain their operation during the time the work is in progress. The Contractor shall restore, at his own expense, any public structures such as water mains, water connections and appurtenances, sewers, manholes, catch basins and sewer connections which are damaged or injured in any way by his acts. When existing sewers have to be taken up and removed, the Contractor shall, at his own cost and expense unless otherwise noted in the plans or special conditions, provide and maintain temporary outlets and connections for all private or public drains and sewers. The Contractor shall also take care of all sewage and drainage which will be received from these drains and sewers, and for this purpose, he shall provide and maintain, at his own expense, adequate pumping facilities and temporary outlets or diversions. The Contractor, at his own expense, shall construct such troughs, pipes, or other necessary structures, and be prepared at all times to dispose of drainage and sewage received from these temporary connections until such time as the permanent connections are built and in service. The existing sewers and connections shall be kept in service and maintained under the Contract, except where specified or ordered to be abandoned by the Engineer. All water or sewage shall be disposed of in a satisfactory manner so that no nuisance is created and so that the work under construction will be adequately protected. At all shaft sites and on all open cut work, the Contractor shall provide and maintain free access to fire hydrants, water and gas valves, manholes and similar facilities. Gutters and waterways shall be kept open or other satisfactory provisions made for the removal of storm water. The Contractor hereby agrees it will indemnify and defend the City for all damages which may be incurred by the City due to Contractor's failure to comply with these provisions. The Contractor shall provide, at his own expense and cost, all methods for adequately draining the work and shall assume full responsibility and liability for damage to any persons or property resulting from such damage. No separate compensation will be paid for sub-drains, or other methods of GC-21 draining, but the cost thereof shall be merged with such contract pay items as are provided in the Proposal and Contract. No trees shall be cut except upon the specific authority of the Engineer. Trees adjacent to the work shall be protected from all damage by the construction operations. (See also GC 6-24) 6-12A MAINTENANCE of TRAFFIC: The Contractor is responsible for maintenance, control and the safeguarding of traffic within and immediately abutting the project as further outlined herein, and as may otherwise be provided in the Special Conditions. The City is responsible for maintenance, control, and safeguarding of traffic on all detours which do not lie within the project limits, unless otherwise required in the Special Conditions. The City agrees to make necessary arrangements with other governmental agencies to issue compliance with GC 6-09A through 6-09H. 6-12B STREET CLOSURES or PARTIAL CLOSURES: Streets may be closed to through traffic but shall not be closed to traffic until such closure has been approved by the City. Street closures shall be made in such a manner as to provide for maximum public safety and public convenience. They shall be opened to through traffic at such time as the work has been completed, or as the City may direct. 6-12C EXISTING TRAFFIC SIGNS and FACILITIES: The City will make all necessary adjustments to traffic signals and traffic signal activators at no cost to the Contractor. Existing traffic and street name signs which will interfere with construction will be removed by the City, as required by the Contractor's construction schedule. Upon completion of the project, the City will reset all such signs. 6-12D DETOURS: Detours outside the limits of the project shall be the sole responsibility of the City unless otherwise provided in the Special Conditions. Detours within the limits of the project, such as side street crossings, temporary bridges over freshly placed concrete, utilization of one or more lanes of the construction area for maintenance of traffic, and such related facilities for the maintenance of traffic, shall be included in the appropriate unit price or lump sum, as applicable. 6-12E LOCAL and EMERGENCY TRAFFIC: Local traffic shall be provided access to private properties at all times, except during some urgent stages of construction when it is impractical to carry on the construction and maintain traffic simultaneously, such as for the placing of asphalt concrete pavement, placing and curing of portland cement concrete pavement, and deep sewer excavations which prohibit safe travel of vehicular traffic. Emergency traffic such as police, fire and disaster units shall be provided reasonable access at all times. 6-12F PROTECTION of PEDESTRIAN and VEHICULAR TRAFFIC: The Contractor shall take every precaution to protect pedestrian and vehicular traffic. 6-12G RESTRICTION of PARKING: Where parking is a hazard to through traffic or to the construction work, it shall be restricted either entirely or during the time when it creates a hazard. Signs for this purpose will be initially furnished and placed by the City. The Contractor shall be responsible for and shall maintain the signs if they are used on any street which is directly involved in the construction work. If the parking signs are to be used beyond the confines of the work area, such as another street being used as a detour, the signs will be the responsibility of the City. 6-12H FLAGMEN: The Contractor shall furnish, at his own expense, all flagmen who may be needed. 6-13 TRAFFIC CONTROL WITHIN and ABUTTING the PROJECT: The Contractor shall place and maintain all signs, barricades and warning lights within the limits of the project on all streets, alleys GC-22 and driveways entering the project so that approaching traffic will turn right or left on existing undisturbed streets before reaching the warning signs and barriers immediately abutting the project. Barricades shall be furnished by the Contractor. The Contractor shall insure that erected barricades conform to requirements of the "Manual on Uniform Traffic Control Devices". Unless otherwise provided in the Special Conditions, the City will assume responsibility for signs and traffic control devices beyond the limits hereinbefore described. 6-14 USE of EXPLOSIVES: Blasting will not be permitted in any case without specific authority of the City, and then only under such restrictions as may be required by the proper authorities. If it is necessary to use explosives in the performance of the work, the Contractor shall take out permits and comply with all the laws, ordinances and regulations governing the same. He shall fully protect all completed works as well as all overhead, surface or underground structures and shall be liable for any damage done to the work or to other structures on public or private property and injuries sustained by persons, by reason of the use of explosives and in his operations. Explosives shall be handled, used and fired only by experienced personnel. All firing shall be done by electricity. All explosive supplies shall be safely stored and protected in an approved manner. All such storage places shall be marked clearly "DANGEROUS EXPLOSIVES". Caps or other exploders shall not be stored at the place where dynamite or other explosives are stored. 6-15 RAILROAD CROSSINGS: Wherever a project is being constructed beneath, at grade or above railroad track, it shall be the Contractor's responsibility to contact the railroad company prior to constructing such crossings and to proceed with the construction as directed by the railroad company. The Contractor shall comply with all construction and additional insurance requirements of the railroad company. The Contractor shall hold the City harmless from any and all damages resulting from his operation in the construction at such crossings. (See also GC 6-05) 6-16 SANITARY PROVISIONS: The Contractor shall provide and maintain in a neat and sanitary condition such accommodations for the use of his employees as may be necessary to comply with the requirements and regulations of the Governmental Agency having jurisdiction thereover. He shall permit no public nuisance. Suitable sanitary conveniences for the use of all persons employed on the work, properly screened from public observation, shall be provided and maintained by the Contractor. 6-17 WATER: The Contractor shall make arrangements with the proper City Officials or private parties for obtaining any water which may be needed at no additional compensation, unless a bid item for water has been provided in the Proposal Form. 6-18 NOISE ELIMINATION: The Contractor shall eliminate noise to as great an extent as possible at all times. Air compressing plants shall be equipped with silencers and the exhausts of all gasoline motors or other power equipment shall be provided with mufflers. 6-19 FOSSILS: If any fossils or treasures or other unusual or valuable geological formations are found in the progress of excavating, such fossils, treasure or samples of geological formations shall be carefully preserved by the Contractor, who shall convey such items to a State or Federal Agency concerned with their preservation and study. These items shall become the property of said State or Federal Agency. GC-23 6-20 RIGHT to USE IMPROVEMENT: The City shall have the right to open to traffic or public use any portion of this improvement prior to the final completion of the whole work, but the use of any part or portion of this improvement by the City, by the public, or by any person or party, shall not be construed as acceptance of any portion of the work prior to the time of final completion and acceptance of the entire improvement. 6-21 MONUMENTS and STAKES: The Contractor shall not disturb any monuments or stakes found on the line of this improvement until ordered by the Engineer. The Engineer will furnish and set all new monuments or stakes required along the line of this improvement, but the Contractor will be responsible for their protection. In case any monument or stake is disturbed by the Contractor without orders from the Engineer, the Contractor will be charged the cost of the survey and other work required to relocate the same. The Contractor shall give the City 48 hours written notice when he requires the service of the Engineer for laying out any portion of the work. Re-staking of the project will be at the Contractor's expense. The Contractor is required to take every precaution to protect all United States Public Land Survey (USPLS) monuments. In the event the monuments have to be disturbed, the Contractor must notify the Hennepin County Surveyor's office a minimum of 48 hours in advance. 6-22 DISCRIMINATION on ACCOUNT of RACE, CREED, or COLOR: The Contractor agrees that the provisions of Minnesota Statutes, Section 181.59, are as much a part of this Contract as if fully set forth herein. 6-23 INSURANCE AND INDEMNIFICATION: 1. Insurance a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate GC-24 $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. f. All policies shall apply on a “per project” basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies shall be primary and non-contributory. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract. j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverages required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. GC-25 m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require the Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 2. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will GC-26 indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 6-24 WORKING HOURS: The normal working hours under this Contract shall be between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday. The Contractor may apply for changes to these hours by writing to the City Engineer. Work performed after dark shall be adequately illuminated. 6-25 TREES: Trees scheduled for removal shall be so designated by the Engineer. Unauthorized removal of trees by the Contractor shall be replaced caliper inch for caliper inch but in any event all replacement trees shall be Oak (or approved equal) and shall have a minimum 4" diameter and shall meet the requirements of MnDOT 3861. The replacement of trees so removed shall be at the expense of the Contractor. SECTION 7 - MEASUREMENT AND PAYMENT 7-01 MEASUREMENT: The determination of pay quantities or work performed under the Contract will be made by the Engineer based upon the lines, grades, and cross sections given, or measurements made by him or his assistants. All items will be computed in the units in the Proposal. 7-02 CLAIMS: To receive any payment on this Contract, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 7-03 SCOPE of PAYMENT: The Contractor shall accept the compensation, as provided in the Contract, in full payment for furnishing all materials, labor, tools and equipment necessary to the completed work and for performing all work contemplated and embraced under the Contract; also for loss or damage arising from the nature of the work, or from the action of the elements, or from any unforeseen difficulties which may be encountered during the prosecution of the work until the final acceptance by the City, and for all risks of every description connected with the prosecution of the work; also for all expenses incurred in consequence of the suspension or discontinuance of the work as herein specified; and for completing the work according to the Plans and Specifications. (See also GC 4-03). Neither the payment of any estimate nor of any retained percentage shall relieve the Contractor of any obligation to make good any defective work or material. Payment will be made only for materials actually incorporated in the work. (For payment of materials on site, see GC 7-05). The unit Contract prices for the various bid items of the Contract shall be full compensation for all labor, materials, supplies, equipment, tools and all things of whatsoever nature required for the complete incorporation of the item into the work the same as though the item were to read "In Place", unless the Plans and Specifications shall provide otherwise. 7-04 PAYMENT of EXTRA WORK: Adjustments, if any, in the amounts to be paid the Contractor by reason of any change, addition, or deduction, shall be determined by one or more of the following methods: 1. FOR ITEMS COVERED BY THE PLANS AND SPECIFICATIONS: The City reserves the right to increase or decrease, within reasonable limits, any of the quantities shown. The term GC-27 "reasonable limits" shall mean a 25 percent increase or decrease in the quantities on any one Major Contract item. In the event the actual quantities differ more than the reasonable limits, an equitable revision of the unit price shall be made when requested by either the City or the Contractor. This 25 percent limit does not apply to items specifically excluded or listed as optional by the City, nor to minor Contract items (items amounting to less than 5% of the total Contract). 2. FOR ITEMS NOT COVERED BY THE PLANS AND SPECIFICATIONS: If the Engineer orders, in writing, the performance of any work not covered by the Plans or included in the Specifications, and for which no item in the Contract is provided, and for which no unit price or lump sum basis can be agreed upon, then such extra work shall be done on a Cost-Plus-Percentage basis of payment as follows: a. The Contractor shall be reimbursed for all costs incurred in doing the work and shall receive an additional payment of 5% of all such cost to cover his indirect overhead costs, plus 10% of all cost, including indirect overhead as his fee. b. The term "cost" shall cover all payroll charges for men employed and supervision required under the specific order, together with all Worker's Compensation, Social Security, pension and retirement allowance and social insurance, or other regular payroll charges on same; the cost of all material and supplies required of either temporary or permanent character; rental of all power-driven equipment at agreed-upon rates, together with cost of fuel and supply charges on same; and any other costs incurred by the Contractor as a direct result of executing the order, if approved by the Engineer. c. The cost of the work done each day shall be submitted to the Engineer in a satisfactory form on the succeeding day, and shall be approved by him or adjusted at once. d. Monthly payments of all charges for Force Account Work in any one month shall be made on a monthly basis contingent upon City Council approval. These payments shall include the full amount of fee earned on the cost of the work done. Claims for extra work not ordered in writing by the Engineer will not be allowed. (See also GC 4-02, 4-03, and 4-04). 7-05 PROGRESS PAYMENTS, RETAINED PERCENTAGE: Progress Payments will be issued on a monthly basis for all work completed to the end of the preceding month. Progress estimates shall be prepared on a City approved template by the Engineer as accurately as the available information will permit but the only estimate that is binding will be the final estimate. Before the final estimate is prepared, all quantities will be reviewed and rechecked. Progress payments will be made in cash or equivalent. The City will retain 5% of the total amount owing the Contractor until 60 days after substantial completion of the Contract. In accordance with Minnesota Statute 15.73, the Contractor may elect to provide securities in lieu of retainage. However, the Contractor shall inform the City of this intention and provide the proper securities in the amount of 5% of the total contract price prior to the first payment being made on the contract. GC-28 If no claims or liens have been filed within a 30-day period, the retained percentage will be paid within 30 days of the expiration thereof. Should any liens or claims be filed, the retained percentage will be held until satisfactory agreement is reached between the City, the Contractor and the Contractor's surety. Monthly estimates may include 90% of the value of acceptable materials required in the construction, which have been delivered on the site of the work or adjacent railway siding, and for which acceptable provisions have been made for preservation and storage. Such material when so paid for by the City shall become the property of the City, and in the event of the default on the part of the Contractor, the City may use or cause to be used such materials in construction of the work provided for in the Contract. The amount paid by the City for materials shall reduce estimates due the Contractor as the material is used in the work. The Contractor shall pay to any Subcontractor, within 10 days of the Contractor’s receipt of payment from the City, for undisputed services provided by the Subcontractor. The Contractor shall pay interest of one and one-half percent per month or any part of a month to a Subcontractor on any undisputed amount not paid on time to the Subcontractor. The minimum monthly interest payment for unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual amount due to the Subcontractor. The Contractor shall pay any retainage due to its subcontractors no later than 10 days after receiving payment of retainage from the City. If there is dispute about the work under a subcontract, the Contractor shall pay out retainage to any subcontractor whose work is not involved in the dispute and shall provide a written statement detailing the amount and reason for the withholding to the affected subcontractor. Before substantial completion, the City may withhold, in addition to retained percentages, from payment to the Contractor such an amount or amounts as may be necessary to cover: 1. Defective work not remedied. 2. Claims for labor or materials furnished the Contractor or subcontractor, or reasonable evidence indicating probable filing of such claims. 3. Failure of the Contractor to make payments properly to subcontractors or for material or labor. 4. Amounts necessary to ensure that an overpayment on the total Contract amount will not occur. 5. Evidence of damage to another contractor or private property. The City may disburse and shall have the right to act as agent for the Contractor in disbursing such funds as have been withheld pursuant to this paragraph to the party or parties who are entitled to payment therefrom but the City assumes no obligation to make such disbursement. The City will render to the Contractor a proper accounting of all such funds disbursed. After substantial completion, the City may withhold up to: 1. 250 percent of the cost to correct or complete work known at the time of substantial completion; 2. one percent of the value of the Contract or $500, whichever is greater, pending completion and submission of all final paperwork by the Contractor or subcontractor. “Final paperwork” means GC-29 documents required to fulfill contractual obligations, including, but not limited to, operation manuals, payroll documents for projects subject to prevailing wage requirements, and the withholding exemption certificate required by Minn. Stat. § 270C.66. If the City withholds payment under this paragraph, the City will promptly provide a written statement detailing the amount and basis of withholding to the Contractor. The City and the Contractor shall provide a copy of the statement to any subcontractor that requests it. The City will pay any amounts withheld under item 1 (cost to correct or complete) within 60 days after completion of the work. The City will pay any amounts withheld under item 2 (submission of final paperwork) within 60 days after submission of all final paperwork. As used in this Section 7-05, “substantial completion” shall be the date when construction is sufficiently completed so that the City can occupy or use the improvement for the intended purpose. For construction, reconstruction, or improvement of streets and highways, including bridges, substantial completion means the date when construction-related traffic devices and ongoing inspections are no longer required. If the project is funded with federal or state aid, the City is not required to pay that portion of the Contract funded by federal or state aid until the federal or state aid payments have been received. 7-06 ENGINEER'S ACTION on a REQUEST for PAYMENT: Within ten (10) days of submission of any Request for Payment by the Contractor, the Engineer shall: 1. Approve the Request for Payment as submitted; or 2. Approve such other amount as s/he shall decide is due the Contractor, informing the Contractor in writing of his or her reasons for approving the amended amount; or 3. Withhold the Request for Payment, informing the Contractor in writing of his or her reasons for withholding it. 7-07 CITY'S ACTION on an APPROVED REQUEST for PAYMENT: Within 30 days from the date of approval of a Request for Payment by the Engineer, the City shall: 1. Pay the Request for Payment as approved; or 2. Pay such other amount as it shall decide is due the Contractor, informing the Contractor and the Engineer in writing of it’s reasons for payment of the amended amount; or 3. Withhold payment, informing the Contractor and the Engineer of it’s reasons for withholding payment. 7-08 PAYMENT for UNCORRECTED WORK: Should the Engineer direct the Contractor not to correct work that has been damaged or that was not performed in accordance with the Contract Documents, an equitable deduction from the Contract amount shall be made to compensate the City for the uncorrected work. 7-09 PAYMENT for REJECTED WORK and MATERIALS: The removal of work and materials rejected under GC 5-05 and the re-execution of acceptable work by the Contractor shall be at the expense of the Contractor, and he shall pay the cost of replacing the work of other contractors destroyed or GC-30 damaged by the removal of the rejected work or materials and the subsequent replacement of acceptable work. Removal of the rejected work or materials and store of materials by the City, in accordance with GC 5-05, shall be paid by the Contractor within 10 days after written notice to pay is given by the City. If the Contractor does not pay the expenses of such removal and after ten (10) days written notice being given by the City of its intent to sell the materials, the City may sell the materials at auction or at private sale and shall pay to the Contractor the net proceeds therefrom after deducting all the costs and expenses that should have been borne by the Contractor. 7-10 PAYMENT for WORK SUSPENDED by the CITY: If the work or any part thereof shall be suspended by the City and abandoned by the Contractor as provided in GC 3-03, the Contractor will then be entitled to payment for all work performed on the portions so abandoned, plus 15% of the value of the uncompleted portion of the abandoned work to compensate for overhead, plant expense, and anticipated profit, and which action shall terminate the Contract. 7-11 PAYMENT for WORK by the CITY: The cost of the work performed by the City in removing construction equipment, tools and supplies in accordance with GC 3-15, and correcting deficiencies in accordance with GC 3-16 and GC 4-06, shall be paid by the Contractor. 7-12 PAYMENT for WORK FOLLOWING CITY'S TERMINATION of the CONTRACT: Upon termination of the Contract by the City, in accordance with GC 3-17, no further payments shall be due the Contractor until the work is completed. If the unpaid balance of the Contract amount shall exceed the cost of completing the work, including all overhead costs, the excess shall be paid to the Contractor. If the cost of completing the work shall exceed the unpaid balance, the Contractor shall pay the difference to the City. The cost incurred by the City, as herein provided, and the damage incurred through the Contractor's default, shall be certified by the City, and approved by the Engineer. 7-13 PAYMENT for WORK TERMINATED by the CONTRACTOR: Upon termination of the Contract by the Contractor, in accordance with GC 3-18, the Contractor shall recover payment from the City for work performed, plus loss on plant and materials, plus established profit and damages, as approved by the Engineer. 7-14 RELEASE of LIENS: Before final payment is made to the Contractor for the work, the Contractor shall endeavor to obtain and deliver to the City a complete release of all liens arising out of this Contract or receipts in full in lieu thereof, but the Contractor may, if any sub-contractor refuses to furnish a release of lien or receipt in full, furnish a bond satisfactory to the City which will indemnify the City against any lien. The Contractor shall in either case supply a form evidencing Consent of Surety to final payment. If any lien remains unsatisfied after all payments are made to the Contractor, the Contractor shall refund to the City all money that the latter may be compelled to pay in discharging such a lien, including all costs and a reasonable attorney's fee. 7-15 INCOME TAX WITHHOLDING: No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 7-16 AUDIT: The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this agreement are subject to examination by the City and either the GC-31 Legislative Auditor or the State Auditor (for a period of six years after the effective date of this Contract). 7-17 ACCEPTANCE and FINAL PAYMENT: When the Contractor shall have completed the work in accordance with the terms of the Contract Documents, the Engineer shall certify his acceptance to the City and his approval of the Contractor's final Request for Payment, which shall be the Contract amount plus all approved additions less all approved deductions and less previous payments made. The Contractor shall furnish a notarized certificate that he has fully paid all debts for labor, materials, and equipment incurred in connection with the work, following which the City shall accept the work and release the Contractor except as to: (1) the conditions of the Performance Bond; (2) any liens, claims, security interests, or encumbrances arising out of the Contract and unsettled; (3) failure of the work to comply with the requirement of the contract documents; (4) the terms of any special warranties required by the contract documents; (5) any correction of faulty work after final payment; and (6) any other legal rights to the City. The City shall authorize payment of the Contractor's Final Request for Payment. The Contractor must allow sufficient time between the time of completion of the work and approval of the final request for payment for the Engineer to assemble and check the necessary data. The approval of a request for a final or progress payments by the Engineer and the making of a final or progress payment to the Contractor does not relieve the Contractor of responsibility for faulty material or workmanship and the City by such payment does not waive any claims of overpayment resulting from mathematical error, unauthorized work, or from any other cause. No final payment shall be made to Contractor until Contractor has provided satisfactory evidence to the City that the Contractor and each of its Subcontractors has complied with Minnesota Statute 290.92 relating to withholding of taxes upon wages. A certificate by Commissioner of Revenue shall satisfy this requirement. 7-18 TERMINATION of CONTRACTOR'S RESPONSIBILITY: The Contract will be considered complete when all work has been finished, the final inspection made by the Engineer, and the project accepted in writing by the City. The Contractor's responsibility shall then cease, except as to the obligation set forth in Paragraph 5-10, as set forth in the Performance Bond and Payment Bond, as required by any guarantee provided herein, and as to any obligation imposed or prescribed by law. 7-19 CORRECTION of FAULTY WORK AFTER FINAL PAYMENT: The Contractor shall be held responsible for any and all defects in workmanship and materials which may be developed in any part of the entire installation furnished by him, and upon written notice by the Engineer shall immediately replace and make good without expense to the City any such faulty part or parts and damage done by reason of same, during the period of two years from the date of final acceptance of the installation. Should the Contractor fail to make good the defective parts within a period of 30 days of such notification, after written notice has been given him, the City may replace these parts, charging the expense of same to the Contractor. (See GC 5-09 and GC 5-10). 7-20 LIMITATIONS: Nothing contained in Sections 5-10, 7-17, 7-18, or 7-19 shall be construed to establish a period of limitation with respect to any other obligation which the Contractor might have under or by virtue of the Contract Documents, expressed or implied. The establishment of a time period of two (2) years to correct faulty work after the date of final acceptance of the installation or such longer period of time as may be prescribed by law or by the terms of any warranty required in the Contract Documents has no relationship to the time within which his obligation to comply with the Contract Documents may be sought to be enforced, nor the time within which proceedings may GC-32 be commenced to establish the Contractor's liability with respect to his obligations under the Contract Documents. STMH Rim=883.9 Inv=879.5 NW Inv=879.5 S Top of Grate=885.0 CBRim=881.0Inv=878.3 NInv=878.3 STop of Beehive=881.5CBRim=870.5Inv=867.9 NInv=867.8 STop of Beehive=871.0CBRim=865.4Inv=861.0 NInv=861.1 SWTop of Beehive=865.8FESInv=860.7FES 208 LF 24" HDPE @ 5.50%234 LF 24" HDPE @ 1.45% 13 LF 30" RCP @ 0.50% 48" CBMH-1 RIM:881.00 INV:877.30 (S)48" CBMH-2 RIM:870.50 INV:865.86 (N) INV:865.76 (S) 60" MH-3 RIM:866.05 INV:862.35 (N) INV:861.00 (SW) FES-4 RIM:864.23 INV:860.94 (NE) 1+00 2+00 3+00 4+00 5+00 5 + 7 2 16008 1603216056 EXISTING DRAINAGE & UTILITY EASEMENTS (TYP) EXISTING DRAINAGE & UTILITY EASEMENTS (TYP) EXISTING WETLAND 100-YEAR FLOODPLAIN 100-YEAR FLOODPLAIN CONNECT EXISTING 24" HDPE PIPE TO NEW STRUCTURE 855 860 870 880 890 855 860 870 880 890 1+00882.712+00876.533+00871.574+00870.725+00869.30208' OF 2 4 " H D P E @ 5 . 5 0 % 234' OF 24" HDPE @ 1.45% 13' OF 30" RCP @ 0.50% 48" CBMH-1 RIM:881.00 INV:877.30 (S) 48" CBMH-2 RIM:870.50 INV:865.86 (N) INV:865.76 (S)60" MH-3 RIM:866.05 INV:862.35 (N) INV:861.00 (SW) FES-4 RIM:864.23 INV:860.94 (NE) EXISTING GROUND GRADE EXISTING GROUND IN THIS AREA TO PROVIDE EVEN FINISHED SURFACE GRADE EXISTING GROUND IN THIS AREA TO PROVIDE EVEN FINISHED SURFACE DRAINAGE SCHEDULE STRUCTURE NO. 48" CBMH-1 48" CBMH-2 60" MH-3 FES-4 STRUCTURE/ CASTING TYPE R-4342 R-4342 R-4342 FES RIM/GRATE ELEVATION 881.00 870.50 866.05 864.23 INVERT ELEVATION IN N 865.86 N 862.35 NE 860.94 PIPE SIZE IN 24" 24" 30" PIPE SLOPE IN 5.50% 1.45% 0.50% INVERT ELEVATION OUT S 877.30 S 865.76 SW 861.00 PIPE SIZE OUT 24" 24" 30" PIPE SLOPE OUT 5.50% 1.45% 0.50% PIPE MATERIAL HDPE HDPE RCP 24"N 878.30 SHEETDRAWN BY CITY PROJECT NO. 18830 DESIGNED BY CHECKED BY NO DATE BY CKD APPR REVISION PJS PJS MLS CITY OF EDEN PRAIRIE PATRICK J. SEJKORA 5371308/12/2019 DATE: 08/12/2019G:\Engineering\IC#S\1-ACTIVE Folders\18830 Sheldon Ave STM SWR\06 Design\CAD\Sheldon Avenue Storm Extension\Sheldon Avenue Storm Sewer Improvement Plan.dwgPUBLIC WORKS EDENPRAIRIE 8080 MITCHELL ROAD, EDEN PRAIRIE, MN PHONE: (952) 949-8300 SHELDON AVENUE STORM SEWER IMPROVEMENTS C1.0NORTHSTORM SEWER PLAN & PROFILE STORM SEWER SCHEDULE TNH=10" SPRU10" SPRU14"ELM36"MAP5" SPRU5" SPRU10"SPRU8"SPRU8"SPRU12" SPRU12" SPRU5" SPRU5" SPRU7" SPRU7" SPRU8" SPRU12"MAPTWIN 16"ELMQUAD 16"ELM16"ELM12"SPRU5"SPRU12" SPRU12" SPRU12" SPRU16"MAP18"ELM10" MAPSTMH Rim=883.9 Inv=879.5 NW Inv=879.5 S Top of Grate=885.0 CBRim=881.0Inv=878.3 NInv=878.3 STop of Beehive=881.5CBRim=870.5Inv=867.9 NInv=867.8 STop of Beehive=871.016"ELM10"ELM20"ELM8" SPRU8" SPRU12 SPRU32"ELM12"MAP10 SPRU10 SPRU12 SPRU10 SPRU6" SPRU10"MAP5"MAP36"ELM6" SPRU6" SPRU10 SPRU10 SPRU8" SPRUCBRim=865.4Inv=861.0 NInv=861.1 SWTop of Beehive=865.8FESInv=860.710"OAK30"ELM30"ELM30"ELM10 SPRU10 SPRU10 SPRU6" SPRUFES Inv=857.860"COTCB Rim=872.4 Inv=859.4 SE8"APPLE8"APPLE24" WP15" ELMREMOVE 10" SPRUCES REMOVE 5" SPRUCES REMOVE 5" SPRUCE REMOVE SPRUCE TREES LIMITS OF UTILITY TRENCH LIMITS OF UTILITY TRENCH PROTECT MAPLE TREE REMOVE 16" ELM TREES REMOVE 12" MAPLE TREE REMOVE 6" SPRUCE & 36" ELM TREE REMOVE 30" ELM TREES SHELD O N A V E N U E 16008 1603216056 7602 7620 7630 7660 PROTECT EXISTING TELEPHONE BOX PROTECT EXISTING TELEPHONE BOX PROTECT EXISTING SHED REMOVE 10" OAK TREE PROTECT SPRUCE TREES PROTECT SPRUCE TREE PROTECT EXISTING SHED PROTECT EXISTING SHED REMOVE APPROX. 115 LF PORTION OF EXISTING CHAINLINK FENCE AND REPLACE, OUTSIDE OF EASEMENT CLEAR & GRUB CLEAR & GRUB REMOVE EXISTING STORM STRUCTURE REMOVE EXISTING STORM STRUCTURE REMOVE EXISTING STORM STRUCTURE & APRON REMOVE EXISTING RCP STORM PIPE REMOVE EXISTING RCP STORM PIPE REMOVE EXISTING RCP STORM PIPE PROTECT TELEPHONE PEDESTAL AND POLE PROTECT 5" MAPLE TREE PROTECT EXISTING MANHOLE SHEETDRAWN BY CITY PROJECT NO. 18830 DESIGNED BY CHECKED BY NO DATE BY CKD APPR REVISION PJS PJS MLS CITY OF EDEN PRAIRIE PATRICK J. SEJKORA 5371308/12/2019 DATE: 08/12/2019G:\Engineering\IC#S\1-ACTIVE Folders\18830 Sheldon Ave STM SWR\06 Design\CAD\Sheldon Avenue Storm Extension\Sheldon Avenue Storm Sewer Improvement Plan.dwgPUBLIC WORKS EDENPRAIRIE 8080 MITCHELL ROAD, EDEN PRAIRIE, MN PHONE: (952) 949-8300 SHELDON AVENUE STORM SEWER IMPROVEMENTS C2.0NORTHTREE PROTECTION & REMOVAL PLAN TNH= 875.7 Benchmark10" SPRU10" SPRU14"ELM36"MAP5" SPRU5" SPRU10"SPRU8"SPRU8"SPRU12" SPRU12" SPRU5" SPRU5" SPRU7" SPRU7" SPRU8" SPRU12"MAPTWIN 16"ELMQUAD 16"ELM16"ELM12"SPRU5"SPRU12" SPRU12" SPRU12" SPRU16"MAP18"ELM10" MAPSTMH Rim=883.9 Inv=879.5 NW Inv=879.5 S Top of Grate=885.0CBRim=881.0Inv=878.3 NInv=878.3 STop of Beehive=881.5CBRim=870.5Inv=867.9 NInv=867.8 STop of Beehive=871.016"ELM10"ELM20"ELM8" SPRU8" SPRU12 SPRU32"ELM12"MAP10 SPRU10 SPRU12 SPRU10 SPRU6" SPRU10"MAP5"MAP36"ELM6" SPRU6" SPRU10 SPRU10 SPRU8" SPRUCBRim=865.4Inv=861.0 NInv=861.1 SWTop of Beehive=865.8FESInv=860.710"OAK30"ELM30"ELM30"ELM10 SPRU10 SPRU10 SPRU6" SPRUFES Inv=857.860"COTCB Rim=872.4 Inv=859.4 SE8"APPLE8"APPLE24" WP15" ELMSHELDO N A V E N U E 16008 1603216056 7602 7620 7630 7660 WEST- GATE TRL LIMITS OF UTILITY TRENCH LIMITS OF UTILITY TRENCH EROSION CONTROL BLANKET SILT FENCE SILT FENCE COMPOST LOGS ROCK CONSTRUCTION ENTRANCE PROP OS E D A C C E S S INLET PROTECTION (TYP) SHEETDRAWN BY CITY PROJECT NO. 18830 DESIGNED BY CHECKED BY NO DATE BY CKD APPR REVISION PJS PJS MLS CITY OF EDEN PRAIRIE PATRICK J. SEJKORA 5371308/12/2019 DATE: 08/12/2019G:\Engineering\IC#S\1-ACTIVE Folders\18830 Sheldon Ave STM SWR\06 Design\CAD\Sheldon Avenue Storm Extension\Sheldon Avenue Storm Sewer Improvement Plan.dwgPUBLIC WORKS EDENPRAIRIE 8080 MITCHELL ROAD, EDEN PRAIRIE, MN PHONE: (952) 949-8300 SHELDON AVENUE STORM SEWER IMPROVEMENTS C3.0NORTHEROSION & SEDIMENT CONTROL AND RESTORATION PLAN LEGEND COMPOST LOG SILT FENCE SODDING TYPE - LAWN ROCK CONSTRUCTION ENTRANCE CATEGORY 3N EROSION CONTROL BLANKET SEED MIXTURE 35-241 (36.5 LB/ACRE) FERTILIZER TYPE 4 (150 LB/ACRE) INLET PROTECTION NOTES: 1) COMPOST LOG MUST BE STAKED 2) INLET PROTECTION MUST REMAIN IN PLACE UNTIL TURF HAS BEEN ESTABLISHED SHEETDRAWN BY CITY PROJECT NO. 18830 DESIGNED BY CHECKED BY NO DATE BY CKD APPR REVISION PJS PJS MLS CITY OF EDEN PRAIRIE PATRICK J. SEJKORA 5371308/12/2019 DATE: 08/12/2019G:\Engineering\IC#S\1-ACTIVE Folders\18830 Sheldon Ave STM SWR\06 Design\CAD\Sheldon Avenue Storm Extension\Sheldon Avenue Storm Sewer Improvement Plan.dwgPUBLIC WORKS EDENPRAIRIE 8080 MITCHELL ROAD, EDEN PRAIRIE, MN PHONE: (952) 949-8300 SHELDON AVENUE STORM SEWER IMPROVEMENTS C4.0EROSION CONTROL NOTES 1. EXISTING CONDITIONS DATA IS COMPILED FROM A COMBINATION OF SURVEY, LIDAR, AERIAL PHOTOGRAPHY, GIS RECORDS, AND AS-BUILT CONSTRUCTION PLANS. ALL DATA SHOULD BE FIELD VERIFIED PRIOR TO CONSTRUCTION. 2. THE INTENDED SEQUENCING OF MAJOR CONSTRUCTION ACTIVITIES ARE AS FOLLOWS: a. INSTALL VEHICLE TRACKING BMP b. INSTALL SEDIMENT CONTROL DEVICES c. CLEAR AND GRUB SITE d. STRIP AND STOCKPILE TOPSOIL e. ROUGH GRADE SITE f. FINAL GRADE SITE, RESPREAD MINIMUM SIX (6) INCHES OF TOPSOIL g. REMOVE ACCUMULATED SEDIMENT FROM STORMWATER BMPS h. SEED AND MULCH i. WHEN ALL CONSTRUCTION ACTIVITY IS COMPLETE AND THE SITE IS STABILIZED, REMOVE SILT j. FENCE AND RESEED ANY AREAS DISTURBED BY THE REMOVAL. 3. ALL TEMPORARY EROSION AND SEDIMENT CONTROL BMPS MUST BE MAINTAINED UNTIL COMPLETION OF CONSTRUCTION AND VEGETATION IS ESTABLISHED SUFFICIENTLY TO ENSURE STABILITY OF THE SITE, AS DETERMINED BY THE RPBCWD. 4. THE PERMITTEE MUST, AT A MINIMUM, INSPECT, MAINTAIN AND REPAIR ALL DISTURBED SURFACES AND ALL EROSION AND SEDIMENT CONTROL FACILITIES AND SOIL STABILIZATION MEASURES EVERY DAY WORK IS PERFORMED ON THE SITE AND AT LEAST WEEKLY UNTIL LAND-DISTURBING ACTIVITY HAS CEASED. THEREAFTER, THE PERMITTEE MUST PERFORM THESE RESPONSIBILITIES AT LEAST WEEKLY UNTIL VEGETATIVE COVER IS ESTABLISHED. 5. ALL DISTURBED GROUND PLANNED TO BE LEFT INACTIVE FOR SEVEN (7) OR MORE DAYS SHALL BE STABILIZED BY SEEDING OR SODDING WITHIN ONE (1) BUSINESS DAY. 6. DISTURBED AREAS SHOULD BE SEEDED AS NOTED ON THE PLAN AND BY THE FOLLOWING METHODS: a. UPLAND WOODLAND EDGE: SEED WITH MnDOT 36-211 b. (WOODLAND EDGE SOUTH& WEST) @ 34.5 PLS LB/AC 7. ADDITIONAL MEASURES, SUCH AS HYDRAULIC MULCHING AND OTHER PRACTICES AS SPECIFIED BY THE DISTRICT MUST BE USED ON SLOPES OF 3:1 (H: V) OR STEEPER TO PROVIDE ADEQUATE STABILIZATION. 8. ON SLOPES 3:1 OR GREATER MAINTAIN SHEET FLOW AND MINIMIZE RILLS AND/OR GULLIES, SLOPE LENGTHS CAN NOT BE GREATER THAN 75 FEET. 9. ALL STORM DRAINS AND INLETS MUST BE PROTECTED UNTIL ALL SOURCES OF POTENTIAL DISCHARGE ARE STABILIZED. 10.TEMPORARY SOIL STOCKPILES MUST HAVE EFFECTIVE SEDIMENT CONTROL AND CAN NOT BE PLACED IN SURFACE WATERS, WETLANDS, OR STORM WATER CONVEYANCE SYSTEMS. TEMPORARY STOCKPILES WITHOUT SIGNIFICANT AMOUNT OF SILT, CLAY, OR ORGANIC COMPOUNDS ARE EXEMPT EX: CLEAN AGGREGATE STOCK PILES, DEMOLITION CONCRETE STOCKPILES, SAND STOCKPILES. 11.SEDIMENT LADEN WATER MUST BE DISCHARGED TO A SEDIMENTATION BASIN WHENEVER POSSIBLE. IF NOT POSSIBLE, IT MUST BE TREATED WITH THE APPROPRIATE BMP'S. 12.EXTERNAL WASHING OF CONSTRUCTION VEHICLES MUST BE LIMITED TO A DEFINED AREA OF THE SITE. RUNOFF MUST BE PROPERLY CONTAINED. 13.NO ENGINE DEGREASING IS ALLOWED ON SITE. 14.ACTIVITIES MUST BE CONDUCTED SO AS TO MINIMIZE THE POTENTIAL TRANSFER OF AQUATIC INVASIVE SPECIES (E.G. ZEBRA MUSSELS, EURASION WATER MILFOIL, ETC.) TO MAXIMUM EXTENT POSSIBLE. 15.INSPECTIONS a. INITIAL INSPECTION FOLLOWING SEDIMENT CONTROL BMP INSTALLATION BY CITY REPRESENTATIVE IS REQUIRED. b. EXPOSED SOIL AREAS: ONCE EVERY 7 DAYS AND WITHIN 24 HOURS FOLLOWING A 0.5" OVER 24 HOUR RAIN EVENT. c. STABILIZED AREAS: ONCE EVERY 30 DAYS d. FROZEN GROUND: AS SOON AS RUNOFF OCCURS OR PRIOR TO RESUMING CONSTRUCTION. 16.MINIMUM MAINTENANCE a. SEDIMENT CONTROL BMPs TO BE REPAIRED, REPLACED, SUPPLEMENTED WHEN NONFUNCTIONAL, OR 1/3 FULL; WITHIN 24 HOURS b. CONSTRUCTION SITE EXITS INSPECTED, TRACKED SEDIMENT REMOVED WITH 24 HOURS. c. EROSION INSPECTION RESULTS FOR ALL EVENTS GREATER THAN 1/2" IN 24 HOURS TO BE REVIEWED BY CITY DURING PROJECT INSPECTIONS. 17.A CONCRETE WASHOUT AREA MUST BE PROVIDED. 18.FINAL STABILIZATION: FINAL STABILIZATION REQUIRES THAT ALL SOIL DISTURBING ACTIVITIES HAVE BEEN COMPLETED AND THAT DISTURBED AREAS ARE STABILIZED BY A UNIFORM PERENNIAL VEGETATIVE COVER WITH 70% OF THE EXPECTED FINAL DENSITY, AND THAT ALL PERMANENT PAVEMENTS HAVE BEEN INSTALLED. ALL TEMPORARY BMP'S SHALL BE REMOVED, DITCHES STABILIZED, AND SEDIMENT SHALL BE REMOVED FROM PERMANENT CONVEYANCES AND SEDIMENTATION BASINS IN ORDER TO RETURN THE POND TO DESIGN CAPACITY. AT LEAST SIX INCHES OF TOPSOIL OR ORGANIC MATTER SHALL BE SPREAD AND INCORPORATED INTO THE UNDERLYING SOIL DURING FINAL SITE TREATMENT WHEREVER TOPSOIL HAS BEEN REMOVED. 19. SOIL SURFACES COMPACTED DURING CONSTRUCTION AND REMAINING PERVIOUS UPON COMPLETION OF CONSTRUCTION MUST BE DECOMPACTED TO ACHIEVE A SOIL COMPACTION TESTING PRESSURE OF LESS THAN 1,400 KILOPASCALS OR 200 POUNDS PER SQUARE INCH IN THE UPPER 12 INCHES OF SOIL. IN ADDITION, UTILITIES, TREE ROOTS AND OTHER EXISTING VEGETATION MUST BE PROTECTED UNTIL FINAL REVEGETATION OR OTHER STABILIZATION OF THE SITE. 20.ALL NONFUNCTIONAL BMPS SHALL BE REPAIRED, REPLACED OR SUPPLEMENTED WITHIN 24 HOURS. 21.DISCHARGE OF SEDIMENT-LADEN OR POLLUTED WATER FROM THE PROJECT IS PROHIBITED. PRIOR TO DISCHARGE, WATER MUST FIRST BE FILTERED OR OTHERWISE TREATED TO REMOVE SEDIMENT AND POLLUTANTS. DISCHARGES MUST NOT CAUSES EROSION OR SCOUR, RESULT IN A NUISANCE CONDITION, OR CAUSE NEGATIVE IMPACTS TO ADJACENT PROPERTIES OR DOWNSTREAM WATERWAYS OR WATER RESOURCES. 22.HAZARDOUS MATERIALS SHALL BE PROPERLY CONTAINED TO PREVENT SPILLS/LEAKS AND SHALL HAVE RESTRICTED ACCESS. 23.SPILL PREVENTION AND RESPONSE MATERIALS SHALL BE AVAILABLE ON-HAND. SPILLS/LEAKS/DISCHARGES SHALL BE CONTAINED, DOCUMENTED, REPORTED AND RECOVERED IN ACCORDANCE WITH ALL APPLICABLE LAWS AND LOCAL/STATE REQUIREMENTS. SHEETDRAWN BY CITY PROJECT NO. 18830 DESIGNED BY CHECKED BY NO DATE BY CKD APPR REVISION PJS PJS MLS CITY OF EDEN PRAIRIE PATRICK J. SEJKORA 5371308/12/2019 DATE: 08/12/2019G:\Engineering\IC#S\1-ACTIVE Folders\18830 Sheldon Ave STM SWR\06 Design\CAD\Sheldon Avenue Storm Extension\Sheldon Avenue Storm Sewer Improvement Plan.dwgPUBLIC WORKS EDENPRAIRIE 8080 MITCHELL ROAD, EDEN PRAIRIE, MN PHONE: (952) 949-8300 SHELDON AVENUE STORM SEWER IMPROVEMENTS C5.0DETAILS SHEETDRAWN BY CITY PROJECT NO. 18830 DESIGNED BY CHECKED BY NO DATE BY CKD APPR REVISION PJS PJS MLS CITY OF EDEN PRAIRIE PATRICK J. SEJKORA 5371308/12/2019 DATE: 08/12/2019G:\Engineering\IC#S\1-ACTIVE Folders\18830 Sheldon Ave STM SWR\06 Design\CAD\Sheldon Avenue Storm Extension\Sheldon Avenue Storm Sewer Improvement Plan.dwgPUBLIC WORKS EDENPRAIRIE 8080 MITCHELL ROAD, EDEN PRAIRIE, MN PHONE: (952) 949-8300 SHELDON AVENUE STORM SEWER IMPROVEMENTS C5.1DETAILS SHEETDRAWN BY CITY PROJECT NO. 18830 DESIGNED BY CHECKED BY NO DATE BY CKD APPR REVISION PJS PJS MLS CITY OF EDEN PRAIRIE PATRICK J. SEJKORA 5371308/12/2019 DATE: 08/12/2019G:\Engineering\IC#S\1-ACTIVE Folders\18830 Sheldon Ave STM SWR\06 Design\CAD\Sheldon Avenue Storm Extension\Sheldon Avenue Storm Sewer Improvement Plan.dwgPUBLIC WORKS EDENPRAIRIE 8080 MITCHELL ROAD, EDEN PRAIRIE, MN PHONE: (952) 949-8300 SHELDON AVENUE STORM SEWER IMPROVEMENTS C5.2DETAILS CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: September 17, 2019 DEPARTMENT/DIVISION: Joe Dusek Public Works / Utilities ITEM DESCRIPTION: Award Contract to Prairie Electric to replace the Variable Frequency Drive at Well #5 ITEM NO.: VIII.I. Requested Action Move to: Award contract to Prairie Electric for the replacement of the Variable Frequency Drive (VFD) at well #5 in the amount of $41,710.00 Synopsis The existing VFD at Eden Prairie’s well 5 location has failed beyond repair. The City of Eden Prairie Utilities Division obtained proposals from three competent regional electrical contractors for the well 5 VFD replacement. Prairie Electric offered the least-cost proposal. Staff recommends acceptance of the proposal in the amount of $41,710.00 to be paid from the water enterprise fund. Background Information Variable Frequency Drives, or VFD’s are electrical devices which enable motors to be operated at any speed. To save energy consumption and better manage the pumping of water from our wells, Eden Prairie began installing VFD’s in the 1990’s. The typical life expectancy of a VFD is approximately 12-15 years. To evaluate our options for replacing the VFD, we consulted with Advanced Engineering, who recommended a full VFD replacement. Attachments Recommendation Letter with bid tabulation Copy of Contract August 20th, 2019 Joe Dusek Water Treatment Supervisor City of Eden Prairie Re: Recommendation for Notice of Award Eden Prairie Well 5 VFD Replacement Eden Prairie, Minnesota Dear Mr. Dusek: The Well 5 VFD Replacement project request for quotes was sent to 3 electrical contractors to obtain competitive bids. The bids were to be delivered to AE2S electronically by Tuesday August 20th , 2019 at 3:30 P.M. Three (3) bids were received for the project. At the request of the City, these bids were reviewed by AE2S for compliance in accordance with the project drawings and specifications. The project Bid Form consists of the Base Bid which includes all work associated with the Well 5 VFD Replacement project including, but not limited to a new low harmonic packaged VFD, MCC modifications and additional work as outlined in the Drawings E1-E5 and division 26 specifications that were included in the RFQ package. A detailed copy of the Bid Tabulation is Below: Contractor Bid Form Item 1: Well 5 VFD Replacement Egan Electric $42,415.00 Prairie Electric $41,710.00 Premier Electric $45,500.00 Engineer's Estimate $49,800.00 Mr. Joe Dusek City of Eden Prairie Re: Recommendation for Notice of Award Well 5 VFD Replacement August 20th, 2019 Page 2 of 2 The above Bid Tabulation presents a comparison of the apparent low bid (in Bold) to the other bidders, and Engineer’s estimate for the project. Bids were received from three (3) contractors. All the Electrical Contractors that submitted a bid are capable of providing a quality product. All bidder acknowledged receiving addendums 1 and 2. Based on a review of the bids received, pending City of Eden Prairie’s acceptance of the contract price, Advanced Engineering and Environmental Services, Inc. (AE2S) recommends that the City award the Base Bid construction contract to Prairie Electric. Prairie Electric was the lowest responsive and responsible bidder for a total construction cost of $41,710.00. AE2S truly appreciates the opportunity to continue working with you on this project. Should you have any questions or comments please feel free to contact me. Sincerely, AE2S Charles Haupert, P.E. Electrical Engineer Attachment: Bid Tabulation Bid Forms (3 total) CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: September 17, 2019 DEPARTMENT/DIVISION: Rod Rue Public Works / Engineering ITEM DESCRIPTION: I.C. 13-5844 Approve Change Order No. 1 for the Eden Prairie Road Extension to Flying Cloud Drive Improvements ITEM NO.: VIII.J. Requested Action Move to: Approve Change Order No. 1 for the Eden Prairie Road Extension to Flying Cloud Drive Street and Utility Improvements, in the amount of $26,136.00 Synopsis This Change Order No. 1 involves the payment of Temporary Erosion Control associated with the Eden Prairie Road Street and Utility Improvements. The extra cost is due to the steep slopes and multiple rain events that required temporary erosion control before the permanent slope stabilization was completed. The unit price for the Temporary Erosion Control was pre-determined and established in accordance with MnDOT Specification 2575 included in the Project’s Special Provisions. Background Information This project consists of reconstructing Eden Prairie Road from approximately 500 feet south of Frederick Place to Flying Cloud Drive (CSAH No. 61) along a new alignment. Beyond the street and storm water improvements, the project also includes new sanitary sewer, lift station, forcemain, and watermain to serve the Lion’s Tap restaurant site and adjacent residential properties. Hennepin County’s CSAH No. 61 (Flying Cloud Drive) project has constructed additional city sanitary sewer, watermain, and forcemain infrastructure along Flying Cloud Drive. Financial Implications The cost for this change order will be eligible for Municipal State Aid funds. Attachment Change Order No. 1 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: September 17, 2019 DEPARTMENT/DIVISION: Rod Rue Public Works / Engineering ITEM DESCRIPTION: I.C. 13-5844 Approve Change Order No. 2 for the Eden Prairie Road Extension to Flying Cloud Drive Improvements ITEM NO.: VIII.K. Requested Action Move to: Approve Change Order No. 2 for the Eden Prairie Road Extension to Flying Cloud Drive Street and Utility Improvements, in the amount of $64,500.00 Synopsis This Change Order No. 2 is a result of poor soils encountered with the Eden Prairie Road Street and Utility Improvements. During the installation of the sanitary sewer lift station on Flying Cloud Drive (near the Lion’s Tap) poor soils were encountered at elevations lower than the bottom of the valve vault structure. In order to provide adequate support for the valve vault structure, addition excavation and additional shoring was needed. The extra cost is a negotiated lump sum adjustment to the lift station unit price. MnDOT estimating unit has approved the negotiated lump sum price. Background Information This project consists of reconstructing Eden Prairie Road from approximately 500 feet south of Frederick Place to Flying Cloud Drive (CSAH No. 61) along a new alignment. Beyond the street and storm water improvements, the project also includes new sanitary sewer, lift station, forcemain, and watermain to serve the Lion’s Tap restaurant site and adjacent residential properties. Hennepin County’s CSAH No. 61 (Flying Cloud Drive) project has constructed additional city sanitary sewer, watermain, and forcemain infrastructure along Flying Cloud Drive. Financial Implications The cost of this change order will be financed by our Wastewater Capital Funds. Attachment Change Order No. 2 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: September 17, 2019 DEPARTMENT/DIVISION: Carter Schulze Public Works / Engineering ITEM DESCRIPTION: #16-5940 Approve Change Order No. 1 for the Preserve Boulevard Reconstruction Project ITEM NO.: VIII.L. Requested Action Move to: Approve Change Order No. 1 for the Preserve Boulevard Reconstruction project in the amount of $34.160.08. Synopsis Change Order 1 consists of additional costs as a result of design changes through the watershed permitting process and unknown or unanticipated conditions that occurred with the construction project. Staff recommends approval of the changes. Background Information Construction on the project began in April 2019 and the project approximately 50% completed and is on schedule to be substantially completed in late November 2019. Change Order 1 is an accumulation of design changes needed to alter the storm sewer within the project area due to watershed district permit requirements. The changes and permit approval occurred after the project was bid and this resulted in a change order. The unit prices listed on the change order have been reviewed by MnDOT. More detail is included with the attached change order form. Financial Implications With this change order, the total contract amount increases from $6,649,663.75 to $6,683,823.83. Funding sources for this project include Municipal State Aid, City Capital Utility and Pavement Management Funds. Attachment Change Order No. 1 September 17, 2019 CHANGE ORDER NO. 1 Project: Preserve Boulevard Reconstruction Project Eden Prairie, Minnesota City Project No. 16-5940 To: Eureka Construction Inc. You are hereby directed to make the changes noted below in the contract. NATURE OF CHANGE TO CONTRACT Following the bidding of the project, storm sewer design revisions altered the scope of work which included adding and removing bid items. For more detail, see the attached State Aid for Local Transportation Change Order Form ORIGINAL CONTRACT AMOUNT $ 6,649,663.75 TOTAL ADDITONS $ 159,670.08 TOTAL DELETIONS - $ 125,510.00 TOTAL CHANGE RESULTING FROM THIS CHANGE ORDER $ 34,160.08 TOTAL CONTRACT VALUE INCLUDING THIS CHANGE ORDER $ 6,683,826.83 THE ABOVE CHANGES ARE APPROVED: MINNESOTA DEPARTMENT OF TRANSPORTATION CITY OF EDEN PRAIRIE By By Project Engineer City Manager Date Date CITY OF EDEN PRAIRIE By Mayor Date CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: September 17, 2019 DEPARTMENT/DIVISION: Fire Chief Scott Gerber ITEM DESCRIPTION: Agreement to purchase radio equipment from Ancom Communication for Consolettes radio Upgrade Project ITEM NO.: VIII.M. Requested Action Move to: Approve Contract for Goods and Services with Ancom Communication for replacement of Motorola consolettes in radio tower. Synopsis The Fire Department handles contracting for a variety of services related to the installation of products for two-way radio communication. The radio consolettes connect the dispatch center to the City 800 Mhz system. This upgrade will replace end of life consolettes currently in service. These consolettes are purchased off the state ARMER radio contract The Fire Department recommends accepting the quotation from Ancom Communication in the amount of $62,311.90. The list of equipment provided by Ancom is identified in its quotation including labor. Total dollar amount will come from credit that we have with Motorola Solutions. Attachments Quotation from Ancom Communications Contract for Goods and Services QUOTE-679258 EDEN PRAIRIE FIRE DEPT, CITY OF APX Consolette Replacement & Install 09/03/2019 The design, technical, pricing, and other information (“Information”) furnished with this submission is confidential proprietary information of Motorola Solutions, Inc. (“Motorola”) and is submitted with the restriction that itis to be used for evaluation purposes only. To the fullest extent allowed by applicable law, the Information is not to be disclosed publicly or in any manner to anyone other than those required to evaluate the Informationwithout the express written permission of Motorola.MOTOROLA,, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are theproperty of their respective owners. © 2016 Motorola Solutions, Inc. All rights reserved. EXHIBIT A 09/03/2019 EDEN PRAIRIE FIRE DEPT, CITY OF 8080 MITCHELL RD EDEN PRAIRIE, MN 55344 RE: Motorola Quote for APX Consolette Replacement & Install Dear Mark Vandenberghe, Motorola Solutions, Inc. is pleased to present EDEN PRAIRIE FIRE DEPT, CITY OF with this quote for quality communications equipment and services. The development of this quote provided us the opportunity to evaluate your requirements and propose a solution to best fulfill your communications needs. This information is provided to assist you in your evaluation process. Our goal is to provide EDEN PRAIRIE FIRE DEPT, CITY OF with the best products and services available in the communications industry. Please direct any questions to Sid Sanocki at sid.sanocki@ancom.org. We thank you for the opportunity to provide you with premier communications and look forward to your review and feedback regarding this quote. Sincerely, Sid Sanocki Sales Motorola Solutions Manufacturer's Representative QUOTE-679258EXHIBIT A Billing Address: EDEN PRAIRIE FIRE DEPT, CITY OF 8080 MITCHELL RD EDEN PRAIRIE, MN 55344 US Customer: EDEN PRAIRIE FIRE DEPT, CITY OF Mark Vandenberghe mvandenberghe@edenprairie.org 952-949-8368 Contract: MnDOTPayment Terms:30 NET Shipping Address: EDEN PRAIRIE FIRE DEPT, CITY OF 14800 SCENIC HEIGHTS RD EDEN PRAIRIE, MN 55344 US Quote Date:09/03/2019 Expiration Date:12/02/2019 Quote Created By:Sid SanockiSalessid.sanocki@ancom.org651-714-8359 Line #Item Number Description Qty List Price Disc %Sale Price Ext. Sale Price 1 L30URS9PW1AN APX CONSOLETTE 7/800 10 $4,554.00 27.96%$3,280.50 $32,805.00 1a L998AA ADD: LIMITED FRONT PANEL W/CLOCK/VU 10 $480.00 25.0%$360.00 $3,600.00 1b QA01648AA ADD: HW KEY SUPPLEMENTAL DATA 10 $5.00 25.0%$3.75 $37.50 1c G806BE ADD: ASTRO DIGITAL CAI OPERATION 10 $515.00 25.0%$386.25 $3,862.50 1d GA00469AA ENH:EXTENDED DISPATCH APX CONSOLETT 10 $500.00 25.0%$375.00 $3,750.00 1e GA00237AA ADD: NO USER/INSTALL CD NEEDED APEX 10 $0.00 0.0%$0.00 $0.00 1f CA01598AB ADD: AC LINE CORD US 10 $0.00 0.0%$0.00 $0.00 1g G51AT ENH:SMARTZONE 10 $1,500.00 25.0%$1,125.00 $11,250.00 1h G78AR ADD: 3Y ESSENTIAL SERVICE 10 $168.00 0.0%$168.00 $1,680.00 1i G361AH ENH: P25 TRUNKING SOFTWARE APX 10 $300.00 25.0%$225.00 $2,250.00 QUOTE-679258APX Consolette Replacement &Install Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of use and Purchase Terms and Conditions govern the purchase of the Products. Page 3 EXHIBIT A Line #Item Number Description Qty List Price Disc %Sale Price Ext. Sale Price 2 LSV00Q00203A DEVICE INSTALLATION 10 $307.69 0.0%$307.69 $3,076.90 Grand Total $62,311.90(USD) QUOTE-679258APX Consolette Replacement &Install Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of use and Purchase Terms and Conditions govern the purchase of the Products. Page 4 EXHIBIT A Purchase Order Checklist Purchase Order Checklist Marked as PO/ Contract/ Notice to Proceed on Company Letterhead (PO will not be processed without this) PO Number/ Contract Number PO Date Vendor = Motorola Solutions, Inc. Payment (Billing) Terms/ State Contract Number Bill-To Name on PO must be equal to the Legal Bill-To Name Bill-To Address Ship-To Address (If we are shipping to a MR location, it must be documented on PO) Ultimate Address (If the Ship-To address is the MR location then the Ultimate Destination address must be documented on PO ) PO Amount must be equal to or greater than Order Total Non-Editable Format (Word/ Excel templates cannot be accepted) Bill To Contact Name & Phone # and EMAIL for customer accounts payable dept Ship To Contact Name & Phone # Tax Exemption Status Signatures (As required) EXHIBIT A 2017 06 10 Contract for Goods and Services This Contract (“Contract”) is made on the 17th day of September, 2019, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Ancom Communications Inc., a Minnesota corporation (hereinafter "Vendor") whose business address is 1800 East Cliff Road, Suite 17, Burnsville, MN 55337. . Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for IP Camera Purchase and associated parts hereinafter referred to as the "Work". The City and Vendor agree as follows: 1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by October 24, 2019. 3. Compensation for Services. City agrees to pay the Vendor a fixed sum of Sixty Two Thousand Three hundred Eleven and 90/100 Dollars ($62,311.90) as full and complete payment for the goods, materials and/or services rendered pursuant to this Contract and as described in Exhibit A. However we have a credit with Motorola Solutions and this credit will be used to pay for the equipment. Final cost to the city is zero dollars with labor included. 4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. 5. Staffing. The Vendor has designated themselves (Ancom Communications) to perform the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Vendor may not remove or replace the designated staff without the approval of the City. 6. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Standard Purchasing Contract 2017 06 01 Page 2 of 5 7. Insurance. a. General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,000,000.00 for each person, and each occurrence, for both personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Vendor’s services under this Contract. c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) 8. Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 9. Warranty. The Vendor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. 10. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination. 11. Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City. 12. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City. 13. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City. Standard Purchasing Contract 2017 06 01 Page 3 of 5 GENERAL TERMS AND CONDITIONS 14. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 15. Compliance with Laws and Regulations. In providing services hereunder, the Vendor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 16. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 18. Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 19. Employees. Vendor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Vendor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 20. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 21. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. Standard Purchasing Contract 2017 06 01 Page 4 of 5 23. Non-Discrimination. During the performance of this Contract, the Vendor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Vendor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Vendor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 24. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 25. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 26. Services Not Provided For. No claim for services furnished by the Vendor not specifically provided for herein shall be honored by the City. 27. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 28. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Vendor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Vendor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as Standard Purchasing Contract 2017 06 01 Page 5 of 5 defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Vendor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Vendor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract shall contain similar Data Practices Act compliance language. 29. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of this Contract. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE ___________________________________ Mayor ___________________________________ City Manager ANCOM COMMUNICATIONS INC. By: ________________________________ Its: _______________________________ CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: September 17, 2019 DEPARTMENT/DIVISION: Fire Chief Scott Gerber ITEM DESCRIPTION: Agreement to purchase cameras from VTI Security for Community Center Camera Upgrade Project ITEM NO.: VIII.N. Requested Action Move to: Approve Contract for Goods and Services with VTI for Community Center Upgrade Camera Project. Synopsis The Fire Department handles contracting for a variety of services related to the installation of products for safety and security of City buildings. The Fire Department recommends accepting the quotation from VTI Security in the amount of $71,247.66 for cameras. These cameras are being purchased off of the state contract. Being purchased separately thru administrative authority, the City will subcontract with Extreme Integration to install new CAT 6 cable to the interior and exterior building mounted cameras for the amount of $12,282.00. This allows the city to save a 10 percent or greater mark up on the subcontractor. The list of equipment being provided by VTI is identified in its quotation. This upgrade will replace old analog cameras with new IP cameras for better security, risk management, increased safety, and loss prevention. We will have a better overall view of the building including rink 1 and rink 2. Dollars will come from 2019 CIP and $4000 from Community Center. The budgeted CIP dollars are used for the upgrade and the $4000 dollars from the Community Center will be used for a new camera install. Attachments Quotation from VTI Security Contract for Goods and Services QUOTATION: 87381 VideoTronix Incorporated 401 West Travelers Trail Burnsville, MN 55337 Printed on 8/23/2019 Page 1 of 4 BILL TO: JOB LOCATION: COMPANY: City of Eden Prairie - Accts Payable-Senior Ctr COMPANY: City of Eden Prairie - Community Center DATE: August 23, 2019 ADDRESS: 8080 Mitchell Road ADDRESS: 16700 Valley View Road SALES REP: Ralph Michels PHONE: (952)210-7637 EXT Eden Prairie, MN 55344-2203 Eden Prairie, MN 55346-4243 EMAIL: ralph.michels@vtisecurity.com CONTACT: CONTACT: Mark Vandenberghe PHONE: PHONE: (612)716-7843 TITLE: EP Community Center Camera Upgrade Project 8-16-2019 SCOPE OF WORK: Community Center Analog Camera replacement Project. Remove 41 analog cameras, from interior and exterior locations. Install new IP cameras to replace the analog cameras. City of EP will install new CAT6 cable to the interior and exterior building mounted cameras. POE Network switch ports will be provided by EP for the cameras. All cameras to be installed are new Panasonic fixed or Multi-Sensor cameras. VTI is providing the following cameras for the project: 11 – Panasonic fixed 1080P 3MP cameras. 3 – Panasonic fixed 720P 1MP cameras. 12 – Multi-sensor with 4 2MP sensors on each camera for interior locations. 3 – Multi-Sensor with 4 4K sensors on each camera for exterior locations 3 – Standard length wall mount. Surge protector and J-box for exterior Multi-Sensor cameras 7, 22 & 31. 2 – Media converters, J-box and patch cables for cameras 20 & 22. 5 – Wall mounts for interior multi-sensor cameras 8, 9, 20, 19, 25. 4 – Pendant mount , water pipe and shroud for ceiling mounted cameras; 24, 26, 21, 30. VTI is providing the Genetec analog to IP camera license upgrade for 29 cameras. VTI will IP the the new cameras. The cameras will be pre-programmed into the existing Genetec directory server. The cameras will be recorded on the existing archiver server. Surge protection devices will be provided and installed for the exterior cameras. VTI will install the new cameras, program then into Genetec and test for proper recording. EXHIBIT A QUOTATION: 87381 VideoTronix Incorporated 401 West Travelers Trail Burnsville, MN 55337 Printed on 8/23/2019 Page 2 of 4 Note: The existing storage server has 28TB of useable storage. The server has been fully populated with drives and cannot be expanded. To record the existing IP cameras and new IP cameras 32TB of storage is required. The estimated days of storage after the new cameras have been installed is 26 days. An additional server can be added to provide additional days of storage. See the option section for the server quote. City of Eden Prairie to provide/install for the project: 1. 120vac power and connections where required at headend rack. 2.New CAT6 cable for each camera location with biscuit at camera end. 3.Patch panel for field cable and patch cables to network switch. New Cat6 cable is to be patched through and connected to the POE switch port and tested by EP/Xtreme. 4.POE Network switches for the new IP cameras. 5. Grounding cable grounded to build steel for exterior cameras. 6.Lift & spotter for installation of exterior and rink camera locations. 7.IP address schedule for new cameras prior to cameras being ordered. 8.Coordination with Xtreme for new CAT6 cable installation. 9.Replacement of ceiling tiles where old cameras are removed. 10.Wall repair, patching and painting where old cameras are removed. 11. Removal of existing coax and power cable from camera locations to headend. Project Phasing Xtreme/EP to have cable for all cameras installed in the first phase of the cable installation. Cable must be patched through to network switch and tested. VTI will IP cameras and program cameras into Gentec system prior to installation of phase 1 cameras. VTI will replace/install phase one area cameras while waiting for Xtreme to complete cable installs in the jail area. EXHIBIT A QUOTATION: 87381 VideoTronix Incorporated 401 West Travelers Trail Burnsville, MN 55337 Printed on 8/23/2019 Page 3 of 4 PART NUMBER PART DESCRIPTION QTY UNIT PRICE TOTAL PRICE GSC-OM-E-1PAC-UP Upgrade 1 Analog Camera Connection to IP Camera Connection System ID GSC-170630-881366 29.00 $71.69 $2,079.01 WV-S2231L Network Dome Camera, Indoor 1080p, H.265 10.00 $635.80 $6,358.00 WV-S2211L 720P H.265 Indoor Dome, Vandal 3.00 $548.25 $1,644.75 WV-S2531LN Network Dome Camera, Outdoor, 1080p, H.265 1.00 $767.55 $767.55 PWM485S Outdoor Wall Mount Bracket 1.00 $100.30 $100.30 PS485S Outdoor Shroud 1.00 $38.25 $38.25 PPMF12D Bracket, Pendant Mount 1.00 $111.35 $111.35 MISC-EQUIPMENT Water pipe 1.00 $38.46 $38.46 WV-S8530N Multi-Sensor Dome Camera, 4xFHD, H.265 12.00 $2,204.05 $26,448.60 WV-X8570N Multi-Sensor Dome Camera, 4x4K, H.265 3.00 $3,149.25 $9,447.75 PWM850 Wall Mount and Shroud Package 6.00 $148.75 $892.50 PPMF12D Bracket, Pendant Mount 3.00 $111.35 $334.05 PS781 Shroud for MS cameras 3.00 $69.70 $209.10 MISC-EQUIPMENT Water pipe 3.00 $38.46 $115.38 PWM781 Wall Mount and Shroud for WV-S8530N & X8570N 0.00 $160.50 $0.00 NV-EC1701U-KIT1 Ethernet over 2-Wire Transmission System; (2) NV-EC1701U, (1) NV-PS48-60W 2.00 $696.30 $1,392.60 DTK-MRJPOE Power Over Ethernet Surge Protection - RJ45 Conn for roof PTZ 3.00 $63.97 $191.91 SCE-8N604LP Enclosure, 8x6x4 - NEMA 1 2.00 $37.08 $74.16 SCE-8N8MPP Subpanel, Flat Perforated, 6x6x0.06 - NEMA N/A 2.00 $11.02 $22.04 SCE-10N1006LP Enclosure, 10x10x6 - NEMA 1 2.00 $56.36 $112.72 SCE-10N8MPP Subpanel, Flat Perforated, 8x6x0.06 - NEMA N/A 2.00 $12.99 $25.98 CAT6001 Network Jumper, Cat6, 1 Foot, Black Jacket 3.00 $1.66 $4.98 CAT6003 Network Jumper, Cat6, 3 Foot, Black Jacket 3.00 $2.13 $6.39 CAT6007 Network Jumper, Cat6, 7 Foot, Black Jacket 29.00 $3.30 $95.70 BUDGET Miscellaneous allowance 1.00 $142.86 $142.86 DTK-MRJPOE Power Over Ethernet Surge Protection - RJ45 Conn 3.00 $68.78 $206.34 SCE-8N804LP Enclosure, 8x8x4 - NEMA 1 2.00 $39.44 $78.88 SCE-8N8MPP Subpanel, Flat Perforated, 6x6x0.06 - NEMA N/A 2.00 $10.56 $21.12 CAT6010 10ft Network Patch Cable, Black, Cat6 3.00 $4.19 $12.57 INSTALL 13 surf mount fixed camera install INSTALL 12 Multi-sensor install INSTALL 4 Interior Pendant mount with pipe INSTALL Media converter install INSTALL Surge Protection install INSTALL Lift spotter INSTALL Camera testing EXHIBIT A QUOTATION: 87381 VideoTronix Incorporated 401 West Travelers Trail Burnsville, MN 55337 Printed on 8/23/2019 Page 4 of 4 INSTALL Camera programming & License install INSTALL Install IP addresses in cameras INSTALL Headend work & site coordination PROJ MGMT Project Management Labor ENGINEER Engineering Labor FREIGHT Freight Charges MISC-EQUIPMENT Misc. Equipment 1-YEAR-VTI-WARRANTY 1 yr. Workmanship Line Item EQUIPMENT: $51,148.30 LABOR: $19,849.36 SUBCONTRACTOR: $0.00 FREIGHT: $250.00 SUBTOTAL: $71,247.66 TAX: $0.00 TOTAL: $71,247.66 IF YOU WISH TO ACCEPT THIS PROPOSAL AND RELATED STATEMENT OF WORK, PLEASE SIGN AND RETURN BUYER:___________________________ (Print Name) BUYER SIGNATURE:___________________________ DATE:_______________________ Server Option Add a server to the system to provide additional days of storage. One rack mount server with 12TB configured for RAID5 will be installed. The server will provide 7.4 TB of useable storage. Server will have one open bay for a future drive to be added. Days of storage is estimated to be 50 days with this server on line. $ 7,597.00 quote to add server to system. EXHIBIT A 2017 06 10 Contract for Goods and Services This Contract (“Contract”) is made on the 17th day of September, 2019, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Videotronix, Incorporated, d.b.a VTI Security Integrators, a Minnesota corporation (hereinafter "Vendor") whose business address is 401 West Travelers Trail, Burnsville, MN 55337. . Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for IP Camera Purchase and associated parts hereinafter referred to as the "Work". The City and Vendor agree as follows: 1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by November 22, 2019. 3. Compensation for Services. City agrees to pay the Vendor a fixed sum of Seventy one Thousand two Hundred forty Seven and 66/100 Dollars ($71,247.66) as full and complete payment for the goods, materials and/or services rendered pursuant to this Contract and as described in Exhibit A. 4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. 5. Staffing. The Vendor has designated VTI Security to perform the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Vendor may not remove or replace the designated staff without the approval of the City. [STAFFING PROVISION REQUIRED ONLY FOR SERVICES] 6. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Standard Purchasing Contract 2017 06 01 Page 2 of 5 7. Insurance. a. General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,000,000.00 for each person, and each occurrence, for both personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Vendor’s services under this Contract. c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) 8. Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 9. Warranty. The Vendor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. 10. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination. 11. Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City. 12. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City. 13. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City. Standard Purchasing Contract 2017 06 01 Page 3 of 5 GENERAL TERMS AND CONDITIONS 14. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 15. Compliance with Laws and Regulations. In providing services hereunder, the Vendor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 16. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 18. Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 19. Employees. Vendor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Vendor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 20. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 21. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. Standard Purchasing Contract 2017 06 01 Page 4 of 5 23. Non-Discrimination. During the performance of this Contract, the Vendor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Vendor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Vendor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 24. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 25. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 26. Services Not Provided For. No claim for services furnished by the Vendor not specifically provided for herein shall be honored by the City. 27. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 28. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Vendor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Vendor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as Standard Purchasing Contract 2017 06 01 Page 5 of 5 defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Vendor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Vendor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract shall contain similar Data Practices Act compliance language. 29. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of this Contract. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE ___________________________________ Mayor ___________________________________ City Manager VIDEOTRONIX, INCORPORATED, D.B.A VTI SECURITY INTEGRATORS By: ________________________________ Its: _______________________________ CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: September 17, 2019 DEPARTMENT/DIVISION: Matt Bourne, Parks and Natural Resources Manager, Parks and Recreation ITEM DESCRIPTION: Award Contract to Odesa II for the Pleasant Hill Cemetery Columbarium Project ITEM NO.: VIII.O. Motion Move to: Accept bids and award contract to Odesa II for the Pleasant Hill Cemetery Columbarium Improvements Project at a total cost of $61,533.00. Synopsis Staff recently presented concept plans to the Parks, Recreation and Natural Resources Commission and the City Council for the addition of a columbarium at Pleasant Hill Cemetery. After receiving feedback from both, staff worked with WSB & Associates to complete construction documents and solicited quotes from two contractors for the site work associated with the project. Contractor Quote Odesa II $61,533.00 Blackstone Contractors $119,535.00 Background WSB & Associates was selected to help explore the options for constructing a columbarium at Pleasant Hill Cemetery. WSB assisted staff with producing a concept plan that was presented to both the Park, Recreation and Natural Resources Commission and City Council. The concept received great feedback and full construction documents were developed. Staff chose two contractors that have both completed multiple projects for the City to solicit quotes for the site work and preparation of the footings the columbarium will be placed on. The columbarium itself will be purchased separately and staff anticipates this will be installed by the vendor in the spring of 2020. The engineer’s estimate for this project was $68,000.00. Staff and WSB both recommend approval. Attachment Form of Contract – Odesa II SHORT FORM CONSTRUCTION CONTRACT THIS AGREEMENT, made and executed this 17th day of September 2019, by and between City of Eden Prairie hereinafter referred to as the "CITY", and Odesa II, LLC, hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agrees as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: I.C. Pleasant Hill Cemetery Columbarium Improvements CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $61,533.00. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Instruction to Bidders b. Proposal Form c. Construction Short Form Agreement d. Contractor's Performance Bond e. Contractor's Payment Bond (2) Special Conditions (3) Detail Specifications (4) General Conditions (5) Plans (6) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: Or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE __________________________________ By ________________________________ Its City Mayor __________________________________ By_______________________________ Its City Manager CONTRACTOR In Presence Of: ____________________________________ __________________________________ By ________________________________ Its __________________________ __________________________________ _______________________________ Its __________________________ CITY COUNCIL AGENDA SECTION: Consent Calendar DATE September 17, 2019 DEPARTMENT / DIVISION Bill Olmschenk, Parks Construction Supervisor, Parks and Recreation ITEM DESCRIPTION Accept proposals and award the contract for 2019 Eden Prairie Road Fence and Retaining Wall Rehabilitation Project to Odesa II LLC. ITEM NO. VIII.P. Requested Action Move to: Accept bids and award the contract for the 2019 Eden Prairie Road Fence and Retaining Wall Rehabilitation Project to Odesa II LLC in the amount of $27,320.00. Synopsis The retaining wall along the trail of Eden Prairie Road has started to fail causing the fence and trail to start collapsing. If not corrected, the trail will continue to fail and could become a serious safety hazard. Background In order to correct this issue, the existing trail, retaining wall and fence will need to be removed. The contractor will then place additional subgrade material and compact it to ensure there are is no settling. The wall and fence will then be rebuilt and the trail will be paved. The staff estimate and budget on this project was $28,000. The funding for this rehabilitation project comes from the Capital Improvement Program, Capital Maintenance and Reinvestment under the Parks and Recreation Department. Bid Summary and Recommendation The summary of the bids submitted is as follows: Odesa II Construction LLC. $27,320.00 Blackstone Contractors, LLC. $44,222.20 Attachment Standard Agreement for Contract Services 2017 06 01 Agreement for Contract Services This Agreement (“Agreement”) is made on the 17th day of September, 2019, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Odesa II Construction LLC, a Minnesota business (hereinafter "Contractor") whose business address is 9003 Mayhew Lake Road NE, Sauk Rapids, MN 56379. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Contractor for Eden Prairie Road Trail Fence and Retaining Wall Rehabilitation Project hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of September 17, 2019. The project must be completed by November 1, 2019 ready for owner inspection. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor’s personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor’s personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City’s no smoking policies. e. Contractor must honor the City’s request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the Standard Agreement for Contract Services 2017 06 01.01 Page 2 of 11 necessary image or attitude, in the judgment of the owner, to present a first class operation. f. When necessary, Contractor’s personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. 4. City’s Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. 5. Compensation for Services. City agrees to pay the Contractor a fixed sum of $27,320.00 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City. b. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the Standard Agreement for Contract Services 2017 06 01.01 Page 3 of 11 fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Standard Agreement for Contract Services 2017 06 01.01 Page 4 of 11 Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured. f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverages required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Standard Agreement for Contract Services 2017 06 01.01 Page 5 of 11 Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. Standard Agreement for Contract Services 2017 06 01.01 Page 6 of 11 11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Agreement and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Agreement, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Agreement, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 12. Termination. a. This Agreement may be terminated at any time by either party for breach or non-performance of any provision of this Agreement in accordance with the following. The party (“notifying party”) who desires to terminate this Agreement for breach or non-performance of the other party (“notified party”) shall give the notified party notice in writing of the notifying party’s desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City’s premises any and all of Contractor’s equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement Standard Agreement for Contract Services 2017 06 01.01 Page 7 of 11 shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and Standard Agreement for Contract Services 2017 06 01.01 Page 8 of 11 regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all Standard Agreement for Contract Services 2017 06 01.01 Page 9 of 11 subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. Standard Agreement for Contract Services 2017 06 01.01 Page 10 of 11 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager CONTRACTOR By: ________________________________ Its: _______________________________ Standard Agreement for Contract Services 2017 06 01.01 Page 11 of 11 Exhibit A CITY COUNCIL AGENDA SECTION: Consent DATE: September 17, 2019 DEPARTMENT / DIVISION: Valerie Verley, Community Center Manager ITEM DESCRIPTION: Purchase Fitness Equipment for Eden Prairie Community Center ITEM NO.: VIII.Q. Requested Action Move to: Approve the purchase of additional fitness equipment for the Eden Prairie Community Center for a total of $168,659.55. Synopsis Staff recommends purchasing 8 Octane XT-One Cross-trainers, 4 Octane Lateral Trainers, 6 Octane X-ride Seated Elliptical, 2 Octane Zero Runners, 1 Octane Max Trainer, along with 24 new Matrix Indoor Cycle bikes to replace the current inventory of cycle bikes. Staff recommends purchasing and delivery in two phases. Phase I is for $90,000 in equipment to be delivered in 2019 and approximately $78,000 to be paid for and delivered on or after January 2, 2020. This purchasing option achieves the best prices through volume. Johnson Fitness is the lowest cost provider for the specified equipment. Quotes were obtained from three additional fitness equipment vendors. Background Currently, portions of the fitness equipment at the Eden Prairie Community Center is aging. Repair costs are continuing to climb due to equipment age, and increased use. The Community Center has just under 5,000 members who visit the facility in addition to Silver Sneakers members that come through on a regular basis. That translates to increased wear and tear on the equipment, much of which is at the point of being more affordable to replace, rather than repair. A phased approach to purchase and replace various pieces of fitness equipment is important to better serve our members, reduce increasing repair costs and to meet programming needs. Staff worked with multiple vendors, obtaining quotes that included optimal specifications and equipment capabilities, equipment longevity and warranties, bulk and direct costs for the high- need pieces of equipment. Competitive quotes with similar specifications and equipment headcounts were obtained and exceeded $199,000. Attachment Contract for Goods and Services 2019 09 09 Contract for Goods and Services This Contract (“Contract”) is made on the 17th day of September, 2019, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Johnson Fitness, a Minnesota fitness equipment vendor (hereinafter "Vendor") whose business address is 7585 Equitable Drive, Eden Prairie, MN 55344. Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for fitness equipment to be delivered in two phases, with the first phase not to exceed $90,000 in 2019 and with the remainder of the order delivered and paid for in 2020, hereinafter referred to as the "Work". The City and Vendor agree as follows: 1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by Johnson Fitness. 3. Compensation for Services. City agrees to pay the Vendor [a fixed sum of $168,659.55 as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A. 4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. 5. Staffing. The Vendor has designated _________________________to perform the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Vendor may not remove or replace the designated staff without the approval of the City. 6. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Standard Purchasing Contract 2017 06 01 Page 2 of 6 7. Insurance. a. General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,000,000.00 for each person, and each occurrence, for both personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Vendor’s services under this Contract. c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) 8. Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 9. Warranty. The Vendor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. 10. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination. 11. Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City. 12. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City. Standard Purchasing Contract 2017 06 01 Page 3 of 6 13. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City. GENERAL TERMS AND CONDITIONS 14. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 15. Compliance with Laws and Regulations. In providing services hereunder, the Vendor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 16. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 18. Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 19. Employees. Vendor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Vendor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 20. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 21. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. Standard Purchasing Contract 2017 06 01 Page 4 of 6 22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 23. Non-Discrimination. During the performance of this Contract, the Vendor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Vendor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Vendor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 24. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 25. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 26. Services Not Provided For. No claim for services furnished by the Vendor not specifically provided for herein shall be honored by the City. 27. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 28. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Vendor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Vendor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the Standard Purchasing Contract 2017 06 01 Page 5 of 6 City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Vendor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Vendor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract shall contain similar Data Practices Act compliance language. 29. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of this Contract. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager VENDOR By: ________________________________ Its: _______________________________ Standard Purchasing Contract 2017 06 01 Page 6 of 6 Exhibit A Johnson Fitness Line Item Quantity Price per Unit Total Price Cardio Equipment: 1 Octane XT-One Crosstrainer 8 $5,639.32 $45,114.56 2 Octane Lateral Trainer 4 $5,532.47 $22,129.88 3 Octane Xride Seated Ellipticals 6 $4,884.25 $29,305.50 4 Octane Zero Runners 2 $5,906.45 $11,812.90 5 Octane Max Trainer 1 $4,376.71 $4,376.71 TOTAL 21 $112,739.55 Johnson Fitness Line Item Quantity Price per Unit Total Price Spin Bikes: 1 Matrix Indoor Cycles 24 $2,330.00 $55,920.00 TOTAL 24 $55,920.00 Cardio & Spin Bike TOTAL 45 $168,659.55 CITY COUNCIL AGENDA SECTION: Public Hearings DATE: 9/17/19 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah/Julie Klima ITEM DESCRIPTION: Paravel Apartments ITEM NO.: IX.A. Requested Action Move to: •Close the Public Hearing; and •Adopt a Resolution for Planned Unit Development Concept Review on 4.962 acres; and •Approve the 1st reading of the Ordinance for Planned Unit Development District Reviewwith waivers on 4.962 acres; and •Adopt a Resolution for a Preliminary Plat of one outlot into one lot on 4.962 acres; and •Direct Staff to prepare a Development Agreement incorporating Staff and Commissionrecommendations and Council conditions. Synopsis Timberland Partners is requesting approval of a request to redevelop the property at 635 Prairie Center Drive. The proposed project is the second phase of the Castle Ridge Redevelopment project. This phase proposes the construction of a 5 and 7 story apartment building that provides 246 residential units comprised of studio, 1 bedroom and 2 bedroom units. The project also proposes the use of underground parking, limited surface parking and indoor and outdoor site amenities. The proposed density is 49.3 units per acre. The project area also includes a wetland that will be preserved and maintained through the project development. The project also proposes to include affordable units. Requested Waivers The Castle Ridge Redevelopment area is guided Mixed Use and this property is zoned RM-2.5. The proponent is requesting a number of waivers through the PUD process. The waivers may be reasonable given the unique nature of this project and property constraints. Following is a list of the waivers being requested: 1. Density from 17.4 units per acre to 49.3 units per acre.The RM2.5 zoning district allows 17.4 dwelling units per acre. This project proposes atotal of 245 units and 1 guest suite on 4.962 acres for a total of 49.3 units per acre. Thedensity proposed is consistent with the Comprehensive Plan. 2.Gross Site Area from 2,500 square feet per unit to 878 square feet per unit.City Code requires the total area of the proposed lot to be 2,500 square feet per unit or 615,000 square feet. The site is 4.962 acres or 216,154 square feet. The density proposed is consistent with the Comprehensive Plan. 3. Building height from 45 feet to 83 feet 7 inches at its highest point. The Paravel apartment building is proposed at 7 stories at its highest. The additional height allows the building to meet the densities outlined in the Comprehensive Plan. 4. Front yard setback along Prairie Center Drive from 35 feet to 12 feet to 22 feet. Prairie Center Drive is a public street and this property line is a front yard requiring a 35 foot setback. The building provides for an architectural design that provides for variation in the facades which leads to a varying setback along this frontage. Reducing the setback along this roadway provides for additional area to be provided for surface parking and group usable open space between the 5 story and 7 story portions of the building. 5. Side yard setback from 25 feet to 13 feet to 25 feet. City Code requires a side yard setback of 25 feet. Due to the unique configuration of the property line, there is a point intrusion at the northwest corner of the building that provides for a setback of approximately 13 feet. For the remainder of this façade, the typical setback ranges from 20 to 25 feet. Reducing this setback also allows for space to maintain parking counts and group usable open space between the 5 story and 7 story portions of the building. 6. Group Usable Open Space from 600 square feet per unit to 134 square feet per unit. The proposed project includes indoor and outdoor spaces suitable for people to recreate and socialize. The indoor spaces include areas such as community rooms, fitness centers, garden areas, theatre, and party rooms. The outdoor spaces include terraces (including rooftop terraces), firepit area and swimming pool that include amenities as noted in the narrative. The project provides a variety of opportunities for residents of varying abilities and mobility levels to recreate and socialize. 7. Parking from 490 parking stalls 425 parking stalls. There are 358 underground parking spaces and 67 surface parking spaces proposed on the site plan. City Code requires 2 parking spaces per unit. The proposal provides for 1.73 parking stalls per unit. Given the unit mix that includes 29 studio units and 87 1 Bedroom units, the proposed parking may be appropriate. 8. Landscaping less than the 914 caliper inches required by City Code. The plan provides for 656 caliper inches. Of those, 648 caliper inches can be applied toward the City Code landscaping requirement. The landscaping plan provides a robust variety of plant materials that provide color and interest. The amount of landscaping provided on site is appropriate and sustainable over the long term. Residential Unit Mix & Affordable Units Timberland is proposing approximately 245 units of multi-family housing and 1 guest suite. These housing units are proposed to be general occupancy rental units (not age restricted). The plan provides for a building that is 5 stories in height on the south and 7 stories in height on the north. The connecting space between these areas largely includes community spaces on the first and second floors with residential units on upper floors. The project also proposes use of underground parking and limited surface parking. The project provides 425 parking stalls on site. Unit types range from studio units, 1 BR, 1 BR + Den, 2 BR, 2 BR + Den, and 2 BR + Den Plus. The unit types proposed include: Unit Type 7 Story Portion 5 Story Portion Total Unit Count By Type Studio 29 29 1 Bedroom 21 66 87 1Bedroom + Den 16 20 36 2 Bedroom 43 17 60 2 Bedroom + Den 27 27 2 Bedroom + Den Plus 6 6 Guest Suite 1 1 Total Units 113 + 1 guest suite 132 The applicant is proposing to provide 63 affordable units within the project. Of those 63, 50 units encompassing various unit sizes, will be provided as affordable at or below 50% average median income (AMI) to satisfy the Tax Increment Financing (TIF) requirement. An additional 13 units will be provided as Inclusionary Housing (IH). Of these 13, 7 units will be at or below 80% AMI and would include a maximum of 3 studios and a minimum of 3 one bedroom and 1 two-bedroom units. The reaming 6 IH units would be affordable to households earning up to 100% AMI and would include a maximum of 1 studio unit and a minimum of 1 one bedroom and 4 two bedroom units. All 63 of the affordable units will commence upon lease up and will continue for the full possible term of 26 years. The IH affordable units will continue in perpetuity after the TIF expires, unless the developer requests and the City approves an amendment to the agreement. Site Amenities The project includes a wide variety of indoor and outdoor amenities for the residents. Examples of these amenities include swimming pool, garden areas including community gardens, sky decks, bike lounge areas, fitness center, outdoor game and firepit areas. Sheet A1.12 details the location, size, and programming of the proposed areas. City Code requires 600 square feet of group usable open space per dwelling unit. The applicant is seeking a waiver to this requirement to allow approximately 134 square feet of group usable open space per dwelling unit. The interior group usable open spaces are located throughout the building in both the 5 story and 7 story portions. The group usable open spaces (both indoor and outdoor) will be required to be accessible to all residents of the building, regardless of whether the tenant lives in the 5 story or 7 story portion. The Development Agreement will address this in further detail. Planning Commission Recommendation The Planning Commission voted 5-0 to recommend approval of the project at the August 26, 2019 meeting. There were multiple items that needed to be addressed prior to the 1st reading before the City Council. The applicant has addressed the majority of those issues. A few remaining items need to be addressed prior to 2nd reading and approval of a Development Agreement. Those items include: 1. The proposed sign shall be relocated out of the easement area; 2. The plans should be revised to provide a minimum of an 8 foot boulevard on Prairie Center Drive to accommodate trees; 3. The building material calculations shall be revised to comply with City Code requirements; 4. The tree replacement plan shall be revised to reflect a tree replacement requirement of 325 caliper inches. Attachments 1. Ordinance for PUD District Review with Waivers 2. Resolution for PUD Concept 3. Resolution for Preliminary Plat 4. Staff Report 5. Guiding Map 6. Zoning Map 7. Aerial Map 8. Planning Commission Minutes CASTLE RIDGE PHASE II CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2019-PUD-_-2019 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the RM-2.5 Zoning District -2019-PUD-_-2019 (hereinafter "PUD-_-2019- ”). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of entered into between Timberland Partners, (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD-_-2019- , and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-_-2019- is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-2019- is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-_-2019- are justified by the design of the development described therein. D. PUD-_-2019- is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended in the RM-2.5 Zoning District hereafter in the Planned Unit Development PUD-_- 2019- and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 17th day of September, 2019, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the ____ day of ________, 2019. ATTEST: __________________________________ ___________________________________ Kathleen Porta, City Clerk Ronald A. Case, Mayor PUBLISHED in the Eden Prairie News on__________________, 2019. EXHIBIT A PUD Legal Description Legal Description Outlot A, Castle Ridge 3rd Addition, according to the recorded plat thereof, Hennepin County, Minnesota. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019- A RESOLUTION FOR THE PLANNED UNIT DEVELOPMENT CONCEPT OF CASTLE RIDGE PHASE II FOR TIMBERLAND PARTNERS WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on August 26, 2019, on Castle Ridge Phase II by Timberland Partners and considered their request for review of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS, the City Council did consider the request on September 17, 2019. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Castle Ridge Phase II, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof (“Property”). 2. That the City Council does grant PUD Concept approval for proposed Lot 1 as outlined in the plans stamp dated September 4, 2019. 3. That the PUD Concept meets the recommendations of the Planning Commission dated August 26, 2019. ADOPTED by the City Council of the City of Eden Prairie this 17th day of September, 2019. _________________________ Ronald A. Case, Mayor ATTEST: _________________________ Kathleen Porta, City Clerk EXHIBIT A PUD Concept Legal Description: Outlot A, Castle Ridge 3rd Addition, according to the recorded plat thereof, Hennepin County, Minnesota CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019-___ RESOLUTION APPROVING THE PRELIMINARY PLAT OF CASTLE RIDGE PHASE II FOR TIMBERLAND PARTNERS BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Castle Ridge Phase II for Timberland Partners stamp dated September 4, 2019, and consisting of 4.96 acres into one lot, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved subject to approval of the 2nd reading of the Ordinance for the Planned Development District Review with waivers and approval of the Development Agreement. ADOPTED by the Eden Prairie City Council on the 17th day of September, 2019. _______________________________ Ronald A. Case, Mayor ATTEST: __________________________ Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Julie Klima, City Planner DATE: August 22, 2019 SUBJECT: Paravel Apartments LOCATION: 635 Prairie Center Drive APPLICANT: Timberland Partners OWNERS: Presbyterian Homes 120 DAY REVIEW: November 18, 2019 REQUEST: 1. Planned Unit Development Concept Review on 4.962 acres 2. Planned Unit Development District Review with waivers on 4.962 acres 3. Site Plan Review on 4.962 acres 4. Preliminary Plat of an outlot into 1 lot on 4.962 acres BACKGROUND & OVERALL PROJECT AREA The applicant is proposing to redevelop the property at 635 Prairie Center Drive. This is the second phase of the Castle Ridge Redevelopment project. The master developer, Presbyterian Homes, is coordinating with 2 development partners for the proposed outlot areas. Due to these partnerships, the outlots are not on the same timeline for construction as the Presbyterian Homes site. Therefore, the Paravel project and the commercial project are being submitted and reviewed through separate processes. The Castle Ridge project recently received approval and the commercial development plans will be forthcoming through a separate review process. Although the project includes three developers and three different product types, the developers are partnering to design individual project areas that contain cohesive development components. The property was subject to a concept review as part of the overall Castle Ridge Redevelopment project. The plans submitted have been revised to address comments provided through that process which included reviews by City staff, the Planning Commission and the City Council. The existing use of the property is the Broadmoor Apartments which includes 240 units for general occupancy, and vacant property. The Broadmoor Apartments include studio, 1 BR and 2 BR units. The property is very near to commercial uses and park and open space. CURRENT PROPOSAL Timberland is proposing approximately 245 units of multi-family housing and 1 guest suite. These housing units are proposed to be general occupancy rental units (not age restricted). The plan Staff Report – Paravel Apartments August 22, 2019 Page 2 2 provides for a building that is 5 stories in height on the south and 7 stories in height on the north. The connecting space between these areas largely includes community spaces on the first and second floors with residential units on upper floors. The project also proposes use of underground parking and limited surface parking. The project provides 425 parking stalls on site. Unit types range from studio units, 1 BR, 1 BR + Den, 2 BR, 2 BR + Den, and 2 BR + Den Plus. The density calculated for the multi-family units is 49.3 units per acre. The unit types proposed include: Unit Type 7 Story Portion 5 Story Portion Total Unit Count By Type Studio 29 29 1 Bedroom 21 66 87 1Bedroom + Den 16 20 36 2 Bedroom 43 17 60 2 Bedroom + Den 27 27 2 Bedroom + Den Plus 6 6 Guest Suite 1 1 Total Units 113 + 1 guest suite 132 View along Prairie Center Drive Staff Report – Paravel Apartments August 22, 2019 Page 3 3 COMPREHENSIVE PLAN & ZONING The site is currently guided Mixed Use and is zoned RM-2.5. The zoning was modified slightly through review of the Castle Ridge Redevelopment project to reflect the updated overall development plan for the area. The property is bordered by commercial development to the north; Columbine Road to the west and Prairie Center Drive to the east. Beyond Columbine Road is the Purgatory Creek Park area and properties east of Prairie Center Drive are developed as commercial properties. SITE PLAN AND PRELIMINARY PLAT The preliminary plat proposes to replat the property from an outlot to a lot. The plat should be revised to include standard 10 foot drainage and utility easements along the entire length of the lot adjacent to Columbine Road. The site layout would provide 2 access points from private streets accessing from Columbine Road and one access from a private street accessing from Prairie Center Drive. Surface parking, landscaped areas, pedestrian connections and recreational areas are proposed adjacent to the building. The project includes sidewalks surrounding the perimeter of the building and connections to the public trail that accesses Purgatory Creek Park. The site plan proposes pedestrian connections that would link the multi-family units to the commercial and senior housing facility areas of the overall project area. These connections create opportunity for through pedestrian movements from the trails along Flying Cloud Drive and Prairie Center Drive to and through the overall site and the individual site areas. The public sidewalk location adjacent to Prairie Center Drive should be adjusted such that a minimum of an 8’ wide boulevard is provided or continue the same boulevard width as the section to the north. The plan should indicate that this is a public sidewalk. The private sidewalk connections from the at grade units to the public sidewalk paralleling Prairie Center Drive that are within the drainage and utility easement and public right of way are to be privately maintained. Staff Report – Paravel Apartments August 22, 2019 Page 4 4 View from Columbine Road Proposed site amenities include enhanced and coordinated materials for pedestrian connections throughout the total PUD project area. These pedestrian connections shall provide an alternative material, color and pattern in order to differentiate these areas as pedestrian connections and create an inviting environment promoting pedestrian circulation. The development will also provide coordinated site amenities such as street lighting fixtures, bollard lighting at the pedestrian level, street furniture including but not limited to, benches, bike racks, and trash receptacles. The Development Agreement will include language requiring that consistency in such site amenities be provided in all phases of the project. The project includes a wide variety of indoor and outdoor amenities for the residents. Examples of these amenities include swimming pool, garden areas including community gardens, sky decks, bike lounge areas, fitness center, outdoor game and firepit areas. Sheet A1.12 details the location, size, and programming of the proposed areas. The table detailing the group usable open spaces provides for the entry terrace areas as indoor area. The table should be revised to be include this area in the outdoor calculations. City Code requires 600 square feet of group usable open space per dwelling unit. The applicant is seeking a waiver to this requirement to allow approximately 134 square feet of group usable open space per dwelling unit. The interior group usable open spaces are located throughout the building in both the 5 story and 7 story portions. The group usable open spaces (both indoor and outdoor) will be required to be accessible to all residents of the building, regardless of whether the tenant lives in Staff Report – Paravel Apartments August 22, 2019 Page 5 5 the 5 story or 7 story portion. The Development Agreement will address this in further detail. The bike parking at the intersection of Prairie Center Drive and the main entrance must be located outside of the drainage and utility easement. There is an existing wetland along the western boundary of the property along Columbine Road. The location of the conservation easement over the wetland and wetland buffers must be coordinated with the watershed district requirements for wetland and wetland buffer protection. The plans indicate a minimum of 16.7 feet interior to the project and approximately 10 feet between the wetland and Columbine Road. The city would require a minimum of 10 feet of buffer, so no waiver is required from city requirements. Constructed stormwater pond 14-32-C can have a conservation easement placed over its pond buffer; however, the conservation easement must not extend between the top of berm or high water elevation and the constructed pond. No conservation easement over the ponding area or the access point for pond maintenance would be allowed. A drainage and utility easement must be placed over just the conservation easement area. The drainage and utility easement must not extend over the constructed stormwater ponding area, including between the top of berm or high water elevation and the pond surface. The irrigation system must not extend into the conservation easement area. DEMOLITION AND CONSTRUCTION PHASING The Presbyterian Homes portion of the project is proposed to be constructed as Phase I of the overall project. The initial demolition will include the removal of the Broadmoor Apartments. At that same time, the subject site will be graded and prepped for construction of the Paravel Apartments. PARKING The proposed site plan includes a total of 425 parking stalls. Of these, 358 stalls are enclosed structured parking and 67 are surface parking stalls. This provides a ratio of 1.73 parking stalls per dwelling unit. Based on the number of units provided, the parking requirement by City Code is 490 parking stalls (245 units * 2 stalls/unit). City Code also requires that 1 parking stall per unit be enclosed. The proposal meets the City requirement for enclosed parking stalls. The applicant is requesting a waiver to the overall parking requirement of 2 stalls per unit. The proposed plan provides a ratio of 1.73 parking stalls per dwelling unit. TREE REPLACEMENT Tree replacement will be calculated individually for each of the individual project areas at the time of site plan review. The proposed Paravel project provides for nearly 100% tree removal of the existing significant and heritage trees on the site. Based on the plans submitted, staff has the following comments on the tree replacement plan.  Trees #5148 and #5149 are marked as being saved on the Tree Replacement Plan, however the sidewalk along Prairie Center Drive is being shifted closer to the trees and after verifying Staff Report – Paravel Apartments August 22, 2019 Page 6 6 current conditions onsite, these trees will not survive. The Tree Replacement Plan should be updated to show these trees as being removed or change the site plans to protect these trees.  Additional significant trees located in the Prairie Center Drive boulevard will be removed as part of the project and should be included in the Tree Replacement calculations.  The revised Landscape Plan shows 7 Elm trees proposed to be planted in the boulevard of Prairie Center Drive. These trees should either be moved to the west side of the sidewalk or the sidewalk shifted to provide a boulevard width of at least 8 feet to ensure adequate space for the trees to grow.  Staff recommends that that 9 Pagoda Dogwood trees proposed to be planted on the east side of the building be replaced with a species that can better withstand shade and salt spray from Prairie Center Drive. Staff recommends that these revisions be addressed prior to 1st reading by the City Council in order to accurately address the overall development plans. Once these revisions are made, it will impact the final tree replacement calculations for the site. City Code allows for tree replacement requirements to be met either through the replacement of trees on site or by a payment in-lieu option. Because the overall site is requesting a waiver to the landscaping requirement (additional details provided below), staff recommends that the tree replacement requirement be met through the payment in-lieu option. The Development Agreement will address the payment in-lieu provisions. LANDSCAPE PLAN Landscaping requirements are a distinct requirement from tree replacement. While tree replacement addresses the amount of trees required to be replaced due to removal of existing trees, the landscaping requirements address the landscaping required to balance the size, scale, and massing of proposed building. Based on the total floor area proposed for the apartment building, the landscaping requirement is 914 caliper inches. The proposed landscaping plan provides for approximately 450 caliper inches. The applicant is requesting that the difference be approved through a waiver. Of the approximate 450 caliper inches being proposed, 145 of those caliper inches are provided as overstory, coniferous, and ornamental trees; 230 caliper inches are provided as shrubs and 67 caliper inches are provided as perennials. The landscaping plan dated 7/22/19 indicates a total of 457 caliper inches is being provided. Upon staff review and calculation of the proposed landscaping plan, the calculation and plan should be revised to reflect several items. Specifically, the following revisions should be made prior to 1st reading by the City Council:  Include the 17.5 caliper inches proposed for planting along Prairie Center Drive;  Include the caliper inches provided in the median island west of the CVS store. These trees are not part of the landscaping plan for the CVS property and should be included in this project since they are located on the Paravel lot. This will provide an increase to the Staff Report – Paravel Apartments August 22, 2019 Page 7 7 landscaping provided on site and will impact the final landscaping calculation;  City Code allows up to 25% of the landscaping requirement to be met through shrubs, perennials, grasses and planting areas. In this case, 25% of the requirement equals 228 caliper inches. The proposed plan provides for the equivalent of 230 caliper inches of shrubs and 67 caliper inches of perennials. While this totals 297 caliper inches, City Code allows only 228 caliper inches to be applied to the landscaping requirement. The overall impact and feel of the site would provide for a landscaping plan that is closer to compliance. The landscaping plan should be revised to include the calculations for total landscape provided on the site in caliper inches and the calculation of caliper inches that are applicable to the City Code requirements. LIGHTING The proposed site lighting plan complies with City requirements of 0.5 footcandle at the property line. Lighting will be further confirmed at the time of building permit issuance. SIGNS All signs will require review and approval through a separate sign permit process. All signs shall comply with City Code requirements. The monument sign proposed at the intersection of Prairie Center Drive and the main entrance shall be located outside of the drainage and utility easement. PUBLIC ART The project proposes the inclusion of a public art piece to be installed at the primary entrance traffic circle. The Development Agreement will include language to address the timing of the installation of the art piece, value, and process for selection. AFFORDABILITY The applicant will be seeking Tax Increment Financing (TIF) from the City. As a part of TIF projects, 20% of the units (50 units) will be affordable at 50% of Area Median Income (AMI). The City has also been working with developers to provide Inclusionary Housing (IH) in recent development projects. As the City continues to review development proposals and integrate affordable housing opportunities into those projects, staff has worked with Timberland to provide for affordable units within the Paravel Apartments project. The applicant proposes to provide 7 IH units affordable at 80% of AMI and 6 IH units affordable at 100% AMI. Both the TIF and IH affordable units will be provided upon occupancy of the project. Upon expiration of the TIF term, the IH affordable units would remain in place. The mix of units to be provided for the Inclusionary Housing (IH) units are as follows:  7 units at 80% AMI o Maximum of 3 studios; o Maximum of 3 1BR units; o Minimum of 1 2 BR unit. Staff Report – Paravel Apartments August 22, 2019 Page 8 8  6 units at 100% AMI o Maximum of 1 studio unit; o Maximum of 1 1 BR unit; o Minimum of 4 2 BR units. The mix of affordable TIF units is proposed as follows:  13 studio units at 50% AMI;  27 1BR units at 50% AMI;  10 2 BR units at 50% AMI The applicant is proposing that all of the affordable units (both TIF and IH) be located within the 5 story portion of the building. The finishes within the affordable units will be consistent with the finishes of the market rate units throughout the building. Payment of park dedication fees may be reduced for the TIF affordable units. Discussions regarding the specifics of the terms of the TIF Agreement are ongoing. The Development Agreement will contain language to address the details of affordable units, park dedication payments, and the provision of a guest suite. ARCHITECTURAL STANDARDS The applicant provided building elevations and renderings for the proposed building. The project includes a number of recesses and projections, color variations, roofline variations and material changes. All of these additional architectural details add to the character, quality and appeal of the building while meeting and exceeding the architectural requirements of City Code. City Code requires that each building façade include a minimum of 75% of the areas of Class I materials as defined in City Code. The building has multiple facades. The majority of the facades exceed the building material requirements, however, a few of the facades will require revisions to ensure that the 75% Class I materials are met on all facades. These revisions shall be provided prior to 1st reading by the City Council. SUSTAINABLE FEATURES The applicant has provided an extensive list of sustainability features that will be included within the development. A complete list of sustainable features is provided on pages 17 and 18 of the narrative. A sampling of these features include: 1. Allocations for future installation of solar panels on the north building roof; 2. Allocations for electric vehicle charging stations; 3. LED fixtures throughout; 4. Low-E windows and doors; 5. Low-Flow Showerheads; 6. Low Flow Faucets; 7. Pervious landscape materials; Staff Report – Paravel Apartments August 22, 2019 Page 9 9 8. Green roofing trays over portion of concrete podium construction; 9. Rainwater catchment tanks for landscape irrigation re-use; 10. Native planting species; 11. Separate trash and recycle chutes; 12. Individually regulated heating and air conditioning units; 13. Occupancy sensors for light fixtures; GRADING & DRAINAGE City staff has reviewed the plans submitted and has the following comments to provide. The plans shall be revised consistent with the comments below prior to 1st reading at City Council. 1. The Stormwater Management Plan states that the volume management for Outlot A through the stormwater reuse systems and biofiltration/infiltration basin is 5,350 cubic feet (ft3). This falls short of the City’s volume management goal of 1.0 inch times the impervious surface (9,442 ft3). The volume management goal is also not met when the entire proposed development including Lot 1 is included. While the City recognizes that the soils on Outlot A and Lot 1 are largely not conducive to infiltration and there is limited area for irrigation, there is not sufficient detail from the narrative to address whether the proposed BMPs provide volume management to maximum extent practicable. The following topics need to be addressed in order for the City to further evaluate the volume management for Outlot A:  Additional narrative describing whether the infiltration portion of the basin provides infiltration benefit for Outlot A or just for Lot 1. If it does provide volume management, quantify the amount applicable to Outlot A versus Lot 1.  The Green Infrastructure Analysis and PUD and Site Plan Review for Castle Ridge Phase II indicate that pervious paver and green roof BMPs are proposed for Outlot A. However, the volume management, water quality benefits, and functionality (i.e. infiltration vs. filtration) of these BMPs are not addressed in the Stormwater Management Plan report. Furthermore, there are no details of these BMPs included in the Site Plan Review. Please provide design details and quantify the water quality and, if applicable, volume management benefits of these BMPs and any additional BMPs that could be incorporated into the Site.  The wetland buffer area is included in the irrigation area shown in Sheet A 1.8. This area has native wetland restoration seeding and does not seem like it requires long-term irrigation. The irrigation system should not extend into the buffer, and this area should be removed from the volume management calculations. 2. Compute the 100-year elevation in the reuse system to demonstrate it does not surcharge to surface. 3. Calculate time of concentrations using the methods specified in USDA TR-55 Urban Hydrology for Small Watersheds. 4. The grading plan must clearly label the top and base elevations of all retaining walls proposed. Staff Report – Paravel Apartments August 22, 2019 Page 10 10 5. The proposed retaining wall adjacent to the CVS driveway must be constructed a minimum of 2’ from the back of curb. Construction of the retaining wall may impact the use of the driveway while being constructed. 6. More detail is needed for the retaining wall, pavers, signs, utility services, hydrant, etc. at the Prairie Center Drive intersection. The retaining wall as shown is in the drainage and utility easement as well as the landscape pavers. 7. The grading plan does not show how the existing grades/contours adjacent to Prairie Center Drive or the driveway adjacent to CVS (no existing contours are on the grading plan at all). Grading and drainage information for the tie in of the project to the Prairie Center Drive boulevard is critical to understand how this area will look. Grading information for this area must be provided prior to the project being presented to the City Council for review. UTILITIES Sanitary sewer and water service sizes must be indicated on the utility plan. The sanitary sewer and water services are shown extending through the retaining wall adjacent to the monument sign. The plans should be revised to remove this conflict. PLANNED UNIT DEVELOPMENT WAIVERS The purpose of a Planned Unit Development (PUD) as stated in the City Code is to provide for a more creative and efficient approach to the use of land within the City; to allow variety in the types of environment available to people and distribution of overall density of population and intensity of land use where desirable and feasible; and provide for greater creativity and flexibility in environmental design. As a part of the PUD process, the applicant is seeking waivers to City Code requirements for proposed Lot 1 as outlined below. 1. Density from 17.4 units per acre to 49.3 units per acre. The RM2.5 zoning district allows 17.4 dwelling units per acre. This project proposes a total of 245 units and 1 guest suite on 4.962 acres for a total of 49.3 units per acre. The density proposed is consistent with the Comprehensive Plan. 2. Gross Site Area from 2,500 square feet per unit to 878 square feet per unit. City Code requires the total area of the proposed lot to be 2,500 square feet per unit or 615,000 square feet. The site is 4.962 acres or 216,154 square feet. The density proposed is consistent with the Comprehensive Plan. 3. Building height from 45 feet to 83 feet 7 inches at its highest point. The Paravel apartment building is proposed at 7 stories at its highest. The additional height allows the building to meet the densities outlined in the Comprehensive Plan. Staff Report – Paravel Apartments August 22, 2019 Page 11 11 4. Front yard setback along Prairie Center Drive from 35 feet to 12 feet to 22 feet. Prairie Center Drive is a public street so this property line is a front yard requiring a 35 foot setback. The building provides for an architectural design that provides for variation in the facades which leads to a varying setback along this frontage. Reducing the setback along this roadway provides for additional area to be provided for surface parking and group usable open space between the 5 story and 7 story portions of the building. 5. Side yard setback from 25 feet to 13 feet to 25 feet. City Code requires a side yard setback of 25 feet. Due to the unique configuration of the property line, there is a point intrusion at the northwest corner of the building that provides for a setback of approximately 13 feet. For the remainder of this façade, the typical setback ranges from 20 to 25 feet. Reducing this setback also allows for space to maintain parking counts and group usable open space between the 5 story and 7 story portions of the building. 6. Group Usable Open Space from 600 square feet per unit to 134 square feet per unit. The proposed project includes indoor and outdoor spaces suitable for people to recreate and socialize. The indoor spaces include areas such as community rooms, fitness centers, garden areas, theatre, and party rooms. The outdoor spaces include terraces (including rooftop terraces), firepit area and swimming pool that include amenities as noted in the narrative. The project provides a variety of opportunities for residents of varying abilities and mobility levels to recreate and socialize. 7. Parking from 490 parking stalls 425 parking stalls. There are 358 underground parking spaces and 67 surface parking spaces proposed on the site plan. City Code requires 2 parking spaces per unit. The proposal provides for 1.73 parking stalls per unit. Given the unit mix that includes 29 studio units and 87 1 Bedroom units, the proposed parking may be appropriate. 8. Landscaping less than the 914 caliper inches required by City Code. The plan currently depicts approximately 450 caliper inches. However, as noted earlier in this report, there are several revisions that need to be addressed prior to providing a final landscaping calculation. In addition, there is landscaping proposed such as landscape beds and planting containers that have not been included in the overall calculation based on City Code requirements. The landscaping plan provides a robust variety of plant materials that provide color and interest. The amount of landscaping provided on site is appropriate and sustainable over the long term. The additional information as requested in this memo shall be provided in order to accurately calculate the requested waiver. STAFF RECOMMENDATION Recommend approval of the following request: Staff Report – Paravel Apartments August 22, 2019 Page 12 12  Planned Unit Development Concept Review on 4.962 acres  Planned Unit Development District Review with waivers on 4.962 acres  Site Plan Review on 4.962 acres  Preliminary Plat of an outlot into 1 lot on 4.962 acres This is based on plans stamp dated August 16, 2019, staff report dated August 22, 2019 and the following conditions: Prior to review by the City Council, the following items shall be addressed: 1. The plans shall be revised to reflect the changes noted in the staff report related to the wetland and conservation easement areas. 2. The preliminary plat shall be revised to include standard 10 foot drainage and utility easements along the entire length of the lot adjacent to Columbine Road. 3. The plans shall be revised to reflect the changes noted in the staff report related to the grading and drainage plans. 4. The plans shall be revised to relocate the proposed monument sign and bike parking outside of the drainage and utility easement/right of way areas. 5. The plans shall be revised to address the changes noted in the staff report related to the sidewalks along Prairie Center Drive. 6. The group usable open space table shall be updated to provide the entry terrace areas as outdoor group usable open space area. 7. The tree replacement and landscape plans shall be revised to reflect the changes noted in the staff report. 8. The plans shall be revised to comply with the Class I/Class II building materials on all building facades. 9. The plans shall be revised to include sanitary sewer and water service sizes on the utility plans and to revise the water services extending through the retaining wall. Prior to issuance of a land alteration permit, the following items will need to be addressed: 1. Submit detailed storm water runoff, wetland, utility, street and erosion control plans for review and approval by the City Engineer. 2. Obtain and provide documentation of Watershed District approval. 3. Notify the City and Watershed District 48 hours in advance of grading. 4. Install erosion control at the grading limits of the property for review and approval by the City. Prior to issuance of a building permit the following items will need to be addressed: 1. Pay the appropriate cash park fees. 2. Submit a landscaping letter of credit, or escrow surety equivalent to 150% of the cost of the landscaping Staff Report – Paravel Apartments August 22, 2019 Page 13 13 Prior to release of the final plat, the applicant shall: 1. Pay the appropriate tree replacement fees. The following waivers are granted through the PUD for the project as indicated in the plans stamp dated August 16, 2019. 1. Density from 17.4 units per acre to 49.3 units per acre. 2. Gross Site Area from 2,500 square feet per unit to 878 square feet per unit. 3. Building height from 45 feet to 83 feet 7 inches at its highest point. 4. Front yard setback along Prairie Center Drive from 35 feet to 12 feet to 22 feet. 5. Side yard setback from 25 feet to 13 feet to 25 feet. 6. Group Usable Open Space from 600 square feet per unit to 134 square feet per unit 7. Parking from 490 parking stalls 425 parking stalls 8. Landscaping less than the 914 caliper inches required by City Code. Streams Principal Arterial A Minor Arterial B Minor Arterial Major Collector Minor Collector City of Eden Prairie Land Use Guide Plan Map 2000-2030 ¯ DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctnessof the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages,including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information itcontains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie.M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialGuidePlan.mxd Map was Updated/Created: April 18, 2008 DATE Revised 02-23-06 DATE Approved 03-19-03DATE Revised 01-07-05DATE Revised 11-07-05 DATE Revised 03-23-06DATE Revised 06-23-06 DATE Revised 12-06-06DATE Revised 03-01-07DATE Revised 06-01-07DATE Revised 10-01-07DATE Revised 03-01-08DATE Revised 03-01-09 Guide Plan Map: Paravel Apartments Address: 635 Prairie Center Drive Eden Prairie, Minnesota Rural Residential 0.10 Units/Acre Low Density Residential 0-2.5 Units/Acre Low Density/Public/Open Space Medium Density residential 2.5-10 Units/Acre Medium Density Residential/Office High Density Residential 10-40 Units/Acre Airport Office Office/Industrial Office/Public/Open Space Industrial Neighborhood Commercial Community Commercial Regional Commercial Town Center Park/Open Space Public/Quasi-Public Golf Course Church/ Cemetary Open Water Right-Of-Way CityLimits 250 0 250125 FeetCOLUMBINEDRIVECASTLEMOORDRIVEFLYINGCLOU DDRIVEPRAIRIECENTER D RIVE C O M M ONW E A LTHDRIVEREGIONAL CENTER DRIVE CRYSTALVIEWROADProject Site Paravel Apartments City of Eden Prairie Zoning Map In case of discrepency related to a zoning classification on this zoning map, the Ordinanceand attached legal description on file at Eden Prairie City Center will prevail. ¯ Shoreland Management Classifications 100 - Year Floodplain Natural Environment Waters Recreational Development Waters General Development Waters (Creeks Only)GD NE RD Up dated through approved Ordinances #26-2008 Ordinance #33-2001 (BFI Addition) approved, but not shown on this map edition Date: March 1, 2009 0 0.10.05 Miles DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctnessof the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages,including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information itcontains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie.M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialZoning.mxd Map was Updated/Created: June 11, 2008 Zoning Map - Paravel Apartments Address: 635 Prairie Center Drive Eden Prairie, MN 55344 Rural R1-44 One Family- 44,000 sf. min. R1-22 One Family-22,000 sf min. R1-13.5 One Family-13,500 sf min. R1-9.5 One Family-9,500 sf min. RM-6.5 Multi-Family-6.7 U.P.A. max. RM-2.5 Multi-Family-17.4 U.P.A. max. Office Neighborhood Commercial Community Commercial Highway Commercial Regional Service Commercial Regional Commercial TC-C TC-R TC-MU Industrial Park - 2 Acre Min, Industrial Park - 5 Acre Min. General Industrial - 5 Acre Min. Public Golf Course Water Right of Way CityLimitsCOLUMBINEDRIVECASTLEMOOR DRIVE FLYINGCLOUDDRIVEPRAIRIE CENTE R D RIVE C O M M ONW E A LTHDRIVEREGIONAL CENTER DRIVE CRYSTALVIEWRDProject Site Paravel Apartments ¯ Aerial Map: Paravel Apartments Address: 635 Prairie Center Drive Eden Prairie, Minnesota Castlemoor Drive FlyingCloudDrivePrairieCenterDrive ColumbineDriveCom m o n wealt h D r i v e Regional Center D rive 0 210 420105 Feet Project Site Paravel Apartments APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, AUGUST 26, 2019 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Charles Weber, Ann Higgins, Andrew Pieper, Ed Farr, Michael DeSanctis, Christopher Villarreal, Carole Mette, Balu Iyer CITY STAFF: Julie Klima, City Planner; Rod Rue, City Engineer; Matt Bourne, Manager of Parks and Natural Resources; Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER Chair Farr called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE – ROLL CALL Commission members Pieper, Kirk, Iyer and Weber were absent. III. APPROVAL OF AGENDA MOTION: DeSanctis moved, seconded by Higgins to approve the agenda. MOTION CARRIED 5-0. IV. MINUTES MOTION: Mette moved, seconded by DeSanctis to approve the minutes of August 12, 2019. MOTION CARRIED 5-0. V. PUBLIC HEARINGS A. PARAVEL APARTMENTS Request for: • Planned Unit Development Concept Review on 4.962 acres • Planned Unit Development District Review with waivers on 4.962 acres • Site Plan Review on 4.962 acres • Preliminary Plat of an outlot into one lot on 4.962 acres PLANNING COMMISSION MINUTES August 26, 2019 Page 2 Ryan Sailer, of Timberland Partners Development, presented a PowerPoint, gave an overview of the history of his firm, and presented the application. He described the stakeholder engagement process, which included a community open house held in September, 2018 and a Metropolitan Council Livable Communities Design Workshop held in April, 2019. The planned community consisted of 246 total units, a mixture of studio, one-, and two- units, with 63 affordable units and 425 parking stalls, 358 of which would be covered. Included would be 327 bicycle parking spaces. He addressed the development’s density, the increase in the number of the parking stalls, the increase in the available green space due to the reduced building footprint, more effective public connection with better articulation at building corners and site connections, and the change from the original design of multiple towers to one fully connected and integrated building. He described the community amenities offered by the development. The redesign included a number of sustainable community characteristics. Evan Jacobson, Principal, Tushie Montgomery Architects, displayed the site overview and the site master plan and described the site layout and circulation. This was Phase II of a three-phased development. The landscape plan included a mix of programmed active and passive spaces, with plantings, benches, bike racks, an elevated terrace with a fire pit, grill stations, a pool and a community garden. Jacobson displayed a rendering of the courtyard design and aerial views from two angles. Sailer described the proposed timeline and the community outreach process. Mette asked for and received clarification on the number of affordable units during the TIF period would be 50 affordable units at 50 percent AMI for the TIF requirements and 13 inclusionary units would be provided in perpetuity. She asked if the affordable units would only be in the five-story portion of the building. Sailer replied the units in the north side of the building held larger units making it challenging to make these the affordable units , but the entire building was integrated and the amenities will be available to all residents. He noted that 21 of the units on the north side of the building fell within the 100 percent AMI, and that the affordable units could “float” and were not expressly set out in the building. Mette asked if other projects in Eden Prairie were likewise seven story wood construction, and Sailer replied several were being proposed in the Twin Cities but this project would be the first to do it. Villarreal thanked the applicant for the EV charging stations and asked if the development would allow for level two/DC fast-charging stations and for composting. Sailer could not answer absolutely. Villarreal asked for and received clarification that the southeast line was a median that separated the development from traffic, and which property was reserved for Phase III development. He PLANNING COMMISSION MINUTES August 26, 2019 Page 3 asked if there could be a three-point turn onto Prairie Center Drive. He also asked for an estimate of the setback between the building and Prairie Center Drive. Jacobson replied it varied between 22 to 28 feet. Higgins urged that underground parking be sensitive to the wetland and creek area adjacent to the property. Sailer replied there had been extensive geotechnical testing to determine the soil composition prior to construction. DeSanctis asked if there was a need for a beacon due to its proximity to Flying Cloud Airport, and Sailer replied the project would be submitted to the FAA to determine this. DeSanctis asked for the policy for removal and disposal of construction materials. John Fletcher of Presbyterian Homes replied with the 200-foot height limit he did not see the need for a beacon. Regarding the construction materials, there would be asbestos testing, and would work with Futures of Minnesota to remove and deconstruct appliances, doors, et cetera. He expected the actual deconstruction of the buildings themselves within the next four weeks. Farr asked if at the access to the short term parking/delivery area one makes a loop turn past the median Villarreal asked about, or if one had to make a right turn to access Columbine Road. Sailer replied he hoped drivers would not make a U-turn around the median and instead exit to Columbine. Farr asked for a general phasing of the street system. Sailer replied Presbyterian Homes would complete the entire road infrastructure, other than the back side of the site coming in from CVS. Klima presented the staff report. There would be coordinated site amenities throughout the project: streetscaping, crosswalks, benches, light ballards, et cetera. Density and height waivers were being requested. The project is also seeking a waiver for parking. Staff recommended revision of the landscaping plan calculations to include additional areas as noted in the staff report. There is also a waiver requested to the group usable open space accessible to all residents. Public art was also a part of this project. Staff recommended approval of the development with conditions, as noted in the staff report. Farr asked Rue to address prosed three-quarter turn at the access from Prairie Center Drive. Rue replied Presbyterian Homes was building the “spine” or main roadway and the initial access would be a full intersection, then become a three- quarter turn in the future as would be warranted by safety concerns. He had no specific dates for this change. Farr asked if the unnamed street could be used for solely southbound traffic or if there could be a U-turn through the median to go north on Prairie Center Drive. That would be the busiest internal intersection. Rue replied he would not encourage a U-turn but it could be done. There were other alternatives for egress. Mette asked what the inclusionary housing policy requirements were since the proposed inclusionary housing with this project is different than what has been PLANNING COMMISSION MINUTES August 26, 2019 Page 4 provided in other projects. Klima replied the City does not have a formal inclusionary housing policy as the Housing Task Force is working toward a recommendation to provide the City Council. Inclusionary housing has been addressed on a project-by-project basis. She offered to keep the Planning Commission members informed. Mette asked if the sidewalk along Columbine Road between CVS and the wetland had a crosswalk planned there, or if the only access was across Prairie Center Drive. Rue replied the City would discourage a crosswalk at the CVS entrance. One could be marked either at Castlemoor Drive or the center unnamed east-west street, both of which had better sightlines. Mette noted pedestrians would use whatever was convenient whether or not a crosswalk existed. Higgins concurred this was an important point, and stated it was difficult to turn left and go up the hill from CVS due to the lack of visibility. Villarreal asked for a response to Mette’s recollections on how the inclusionary units were distributed. Klima replied the dispersion of affordable units met the requirement because it was one building within the TIF district. Farr noted the property line to the north formed an acute angle within the driveway leaving the CVS and asked if the southerly driveway, which was one lane in each direction and was not busy, could not be repurposed into a one-lane driveway, or removed entirely, and turned over to green space. Even though this driveway was not part of the project review, he thought this was the opportunity to make better use of this land. Klima agreed the southerly driveway was likely put in to support the 2008 development but added there had been no conversation with the CVS ownership. Farr asked for feedback from other commissioners and the applicant. He also noted the metric of parking based on bedrooms rather than on units made more sense to him and asked for staff comments. Klima replied the parking requirements for this zoning district were established some time ago and a bedroom count was more flexible and has been utilized in other zoning districts. This development did provide one parking stall per bedroom. MOTION: Higgins moved, seconded by Villarreal to close the public hearing. MOTION CARRIED 5-0. Higgins asked for clarification of the TIF period. Janet Jeremiah, Eden Prairie Community Development Director, replied the maximum TIF period for a housing district was 26 years. The City would expect the affordability to remain during that period, even if the TIF were to be paid off earlier. This was subject to negotiations. Villarreal asked for the setback of the north section referenced by Farr. Jacobson replied there was a point intrusion there at 12 feet with an average of 20-22 feet. No negotiations had been undertaken for an easement. DeSanctis noted according to the legend with a scale of one inch to 80 feet, there was less than a 12 foot encroachment. Jacobson replied the legend might not be accurate. Klima replied the minimum setback was indeed 12-13 feet. Farr urged the applicant to dig deeper and explore the feasibility of converting the encroaching property on CVS and explore green space. Sailor replied the developer would PLANNING COMMISSION MINUTES August 26, 2019 Page 5 have to track down ownership; this was a difficult question to answer but the possibility could be explored. Villarreal stated he was largely in support of the project. He had one concern related to the location of all affordable housing in the five-story section with the limited number of two-bedroom apartments, which he calculated to be around 13 percent of units available for families or other residents than empty-nesters and residents who wished for studios. Farr noted on page seven of the staff report there was a minimum listed two-bedroom units that were to be affordable. Sailor replied there was no “us and them” difference in this project. There was one building and would be marketed that way to all. The units themselves would be the same finished packages and everyone would have access to all amenities. Villarreal stated he wished to make more of the two-bedroom units available. Mette agreed, but stated the affordable units (24 percent) were proportionate to the overall mix, and this was how the commission members should approach the question. Villarreal concurred. DeSanctis noted one of the sustainability would be green roofing trays over portions of concrete podium and asked if there was an opportunity for a rooftop garden or community garden. Jacobson replied the green roofing trays were exclusively on the courtyard side because that was where the podium ended. Rooftop gardens were an option, but this would require decreasing the patio to make room for planting. Farr noted occupant loads could be an issue with rooftop gardens. He commended the project and appreciated the refinements, saying the white cast stone materials were a strong element. He asked the applicant to ensure the scale and pattern did not approach a “concrete block” appearance. He appreciated the wide variety of useful interesting and inviting amenities. Mette agreed the white stone should avoid looking like “concrete block” and suggested the applicant use something like the beige stone used in City Place in Woodbury. She said she was happy with the parking redesign and approved of the design overall; the amenity space justified the waivers. Higgins stated she looked forward to the development and reminded the applicant there would be children eventually. School buses would be important to consider. DeSanctis stated this was truly a 21-century project and was deeply impressed with the effort, considering it a substantial contribution to the aesthetics and skyline of the commercial district. MOTION: Villarreal moved, seconded by DeSanctis to recommend approval of the Planned Unit Development Concept Review on 4.962 acres, the Planned Unit Development District Review with waivers on 4.962 acres, the Site Plan Review on 4.962 acres, and the Preliminary Plat of an outlot into one lot on 4.962 acres based on plans stamp dated August 16, 2019 and the staff report dated August 26, 2019. MOTION CARRIED 5-0 PLANNING COMMISSION MINUTES August 26, 2019 Page 6 VI. PLANNERS’ REPORT Klima stated the Planning Commission was being asked to adopt a resolution finding that a modification to the redevelopment plan for project area number 5 and tax increment financing plan for tax increment financing district number 24 conformed to the general plans for the development and redevelopment of the City. Staff recommended approval. Farr asked if it mattered if the district was first in conformance in the 2030 or the 2040 plan, and Klima replied in either case the district would be in conformance. Farr asked if this would include the entire City and Jeremiah replied the district encompassed only the property. The project area was coterminous with the City boundary, allowing staff to be more nimble in finding funding, and county sources were also possible funding sources. Higgins asked if a development that was not part of this district would take advantage of this funding, and Jeremiah affirmed the City could not collect TIF from other areas without establishing an actual district. Mette asked if it was typical to have the project area be the entire City. Jeremiah replied it was very common for the redevelopment area to be coterminous with the City boundaries. Farr asked if the commercial development would be asking for TIF funding. Jeremiah replied Presbyterian Homes did not request TIF and did not expect the commercial development would request TIF either. MOTION: Villarreal moved, seconded by DeSanctis to adopt Planning Commission Resolution number 2019-01 finding that a modification to the redevelopment plan for project area number 5 and Tax Increment Financing plan for TIF district number 24 conformed to the general plans for the development and redevelopment of the City. MOTION CARRIED 5-0 VII. MEMBERS’ REPORTS VIII. ADJOURNMENT MOTION: Higgins moved, seconded by Villarreal to adjourn. MOTION CARRIED 5-0. The meeting was adjourned at 8:25 p.m. CITY COUNCIL AGENDA SECTION: Public Hearings DATE September 17, 2019 DEPARTMENT / DIVISION Community Development Janet Jeremiah, Director ITEM DESCRIPTION Public Hearing on a Redevelopment Plan Modification, Establishment of TIF District, and TIF Plan for Paravel at Castle Ridge ITEM NO. IX.B. Requested Action Move to: •Close the public hearing; and •Direct staff to include the Redevelopment Plan Modification for Redevelopment Project Area No. 5, establishment of TIF District 24, and adoption of a TIF plan and agreement for Paravel at Castle Ridge on a future HRA/City Council meeting agenda. Synopsis Timberland Partners is requesting Tax Increment Financing (TIF) for Paravel at 635 Prairie Center Drive, the second phase of the Castle Ridge Redevelopment project. Paravel is a 5-7 story mixed-income apartment project that meets the criteria for a new Housing TIF District. 20% of the units (50 of the 246 total units) will be affordable to residents earning at or below 50% of the Area Median Income (AMI). An additional 7 units will be affordable to residents earning at or below 80% of the AMI and 6 more units will be affordable to residents earning at or below 100% of the AMI. The remaining 183 units will be market rate and include one guest unit. This request necessitates a Redevelopment Plan modification, creation of a new TIF District #24 and TIF Plan for Paravel. As part of the Redevelopment Plan modification, staff recommends expanding the boundaries of the City’s Redevelopment Project Area #5 to be coterminous with the City’s boundaries. This is a common approach that allows more flexibility in considering future support for housing throughout the City. These actions were found to be consistent with the City’s Comprehensive Plan by the Planning Commission at their August 26, 20919 meeting. Background Proposed Financing and General Terms: Due to the extraordinary costs of developing mixed income housing at this site, public financing is being requested from the City and Metropolitan Council. The City has submitted an application for Metropolitan Council Livable Communities Demonstration Account funding in the amount of $850,000. That application is currently being considered by the Livable Communities Advisory Committee. Housing TIF: Timberland is requesting new Housing TIF District financing for Paravel. Their original request was for $11,845,000 of new TIF in the form of pay-as-you-go over 26 years Ehlers Public Finance (our TIF consultants) and staff have reviewed Timberland’s application. We have determined that the proposal meets the “but for test” for TIF District financing However, the development does not require the requested amount of TIF to generate reasonable profits. Therefore, Ehlers and staff recommend $7,976,923 of present value TIF paid over 26 years. Due to the greater need for TIF resources in the early years, staff recommends paying 97% of the projected available TIF for the first 5 years and then dropping down to 80% and 50% as the project begins to generate greater returns. This approach will allow the City to pool $2,369,493 of present value TIF for other projects and administrative costs. Affordable TIF and IH Units: During the 26 year affordability period, Paravel would need to maintain 50 units at rents affordable to households whose incomes do not exceed 50% of the AMI. Paravel would submit annual information to the City regarding the households occupying these units and the rents they pay compared to commensurate market rate units. Of the 50 affordable TIF units, staff recommends a maximum of 13 studios, and a minimum of 27 one bedroom and 10 two bedroom units. In addition, staff recommends that the developer include 13 Inclusionary Housing (IH) units in perpetuity. 7 of the units would be affordable to households earning up to 80% of AMI and would include a maximum of 3 studios and a minimum of 3 one bedroom and 1 two-bedroom units. The reaming 6 IH units would be affordable to households earning up to 100% AMI and would include a maximum of 1 studio unit and a minimum of 1 one bedroom and 4 two bedroom units. Park Dedication: Staff recommends waiving park dedication fees for the TIF units and collecting the fees for the market rate and IH units. The developer is in agreement with the staff recommendations. Attachment Modification to the Redevelopment Plan and Tax Increment Financing Plan MODIFICATION TO THE REDEVELOPMENT PLAN Redevelopment Project Area No. 5 - AND - TAX INCREMENT FINANCING PLAN Establishment of Tax Increment Financing District No. 24 - Paravel (a housing district) Eden Prairie Housing and Redevelopment Authority City of Eden Prairie, Hennepin County, Minnesota Public Hearing: September 17, 2019 Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 24 - Pavel 2 Table of Contents Modification to the Redevelopment Plan for Redevelopment Project Area No. 5 ........................ 3 Foreword ................................................................................................................................ 3 Boundaries of Project Area No. 5 ........................................................................................... 3 Tax Increment Financing Plan for Tax Increment Financing District No. 24 - Paravel................. 4 Foreword ................................................................................................................................ 4 Statutory Authority .................................................................................................................. 4 Statement of Objectives ......................................................................................................... 4 Redevelopment Plan Overview .............................................................................................. 4 Pursuant to the Redevleopment Plan and authorizing state statutes, the HRA and City are authorized to undertake the following activities in the District: ................................................ 4 Description of Property in the District and Property to be Acquired......................................... 5 Classification of the District .................................................................................................... 6 Duration and First Year of Tax Increment of the District ......................................................... 7 Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity Value/Increment and Notification of Prior Planned Improvements ..................................................................... 7 Sources of Revenue/Bonds to be Issued ............................................................................... 8 Uses of Funds ........................................................................................................................ 9 Estimated Impact on Other Taxing Jurisdictions ....................................................................10 Supporting Documentation ....................................................................................................11 Administration of the District ..................................................................................................12 Appendix A: Map of Redevelopment Project Area No. 5 and the TIF District .........................13 Appendix B: Estimated Cash Flow for the District ..................................................................14 Appendix C: Findings Including But For Qualifications ..........................................................15 Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 24 - Pavel 3 Modification to the Redevelopment Plan for Redevelopment Project Area No. 5 Foreword The following text represents a Modification to the Redevelopment Plan for Redevelopment Project Area No. 5. This modification represents a continuation of the goals and objectives set forth in the Redevelopment Plan for Redevelopment Project Area No. 5. Generally, the substantive changes include the establishment of Tax Increment Financing District No. 24 - Paravel. For further information, a review of the Redevelopment Plan for Redevelopment Project Area No. 5 is recommended. It is available from the Community Development Director at the City of Eden Prairie. Other relevant information is contained in the Tax Increment Financing Plans for the Tax Increment Financing Districts located within Redevelopment Project Area No. 5. Boundaries of Project Area No. 5 The boundaries of Redevelopment Project Area No. 5 are being expanded to be coterminous with the coterminous with the City of Eden Prairie’s corporate boundaries. Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 24 - Pavel 4 Tax Increment Financing Plan for Tax Increment Financing District No. 24 - Paravel Foreword The Housing and Redevelopment Authority in and for the City of Eden Prairie (the “HRA”), the City of Eden Prairie (the "City") staff and consultants have prepared the following information to expedite the establishment of Tax Increment Financing District No. 24 - Paravel (the "District"), a housing tax increment financing district, located in Redevelopment Project Area No. 5. Statutory Authority Within the City, there exist areas where public involvement is necessary to cause development or redevelopment to occur. To this end, the HRA and the City have certain statutory powers pursuant to Minnesota Statutes ("M.S."), Sections 469.124 to 469.134, inclusive, as amended, and M.S., Sections 469.174 to 469.1794, inclusive, as amended (the "Tax Increment Financing Act" or "TIF Act"), to assist in financing public costs related to this project. This section contains the Tax Increment Financing Plan (the "TIF Plan") for the District. Other relevant information is contained in the Modification to the Redevelopment Plan for Redevelopment Project Area No. 5. Statement of Objectives The District currently consists of portions of two parcels of land (identified by 27 parcel numbers) and adjacent and internal rights-of-way. The District is being created to facilitate the development of 246 units of rental housing, of which 50 units (20%) will be affordable to households at or below 50% of the area median income. The HRA anticipates entering into an agreement with Timberland Partners, Inc. as the developer of the project. Development is anticipated to begin in 2020. This TIF Plan is expected to achieve many of the objectives outlined in the Redeveloment Plan for Redevelopment Project Area No. 5. The activities contemplated in the Modification to the Redeveloment Plan and the TIF Plan do not preclude the undertaking of other qualified development or redevelopment activities. These activities are anticipated to occur over the life of Redevelopment Project Area No. 5 and the District. Redevelopment Plan Overview Pursuant to the Redevleopment Plan and authorizing state statutes, the HRA and City are authorized to undertake the following activities in the District: 1. Property to be Acquired - Selected property located within the District may be acquired by the HRA and City and is further described in this TIF Plan. 2. Relocation - Relocation services, to the extent required by law, are available pursuant to M.S., Chapter 117 and other relevant state and federal laws. Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 24 - Pavel 5 3. Upon approval of a developer's plan relating to the project and completion of the necessary legal requirements, the HRA or City may sell to a developer selected properties that it may acquire within the District or may lease land or facilities to a developer. 4. The HRA or City may perform or provide for some or all necessary acquisition, construction, relocation, demolition, and required utilities and public street work within the District. Description of Property in the District and Property to be Acquired Upon certification, the District will have the boundaries outlined in the map in Appendix A plus adjacent rights-of-way and abutting roadways. The parcel shown in the map is comprised of portions of two larger parcels currently occupied by multifamily housing and a vacant and largely undevelopable outlot occupied by wetlands. These two larger parcels are identified by the following 27 parcel numbers. The property is currently being re-platted as Outlot 1, Castle Ridge 3rd Addition. Prior to construction of the project and certification of the District, The parcel will be re-platted and the new legal description will be Lot 1, Block 1, Castle Ridge 4th Addition. Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 24 - Pavel 6 The HRA or City may acquire any parcel within the District including interior and adjacent street rights of way. Any properties identified for acquisition will be acquired by the HRA or City only in order to accomplish one or more of the following: storm sewer improvements; provide land for needed public streets, utilities and facilities; carry out land acquisition, site improvements, clearance and/or development to accomplish the uses and objectives set forth in this plan. The HRA or City may acquire property by gift, dedication, condemnation or direct purchase from willing sellers in order to achieve the objectives of this TIF Plan. Such acquisitions will be undertaken only when there is assurance of funding to finance the acquisition and related costs. Classification of the District The HRA and City, in determining the need to create a tax increment financing district in accordance with M.S., Sections 469.174 to 469.1799, as amended, inclusive, find that the District, to be established, is a housing district pursuant to M.S., Section 469.174, Subd. 11 and M.S., Section 469.1761. ▪ The District consists of portions of two larger parcels identified by 27 parcel numbers listed Parcel number Address Owner 1411622320066 635 Prairie Center Drive, #201 Castle Ridge Apts 1411622320078 635 Prairie Center Drive, #213 Castle Ridge Apts 1411622320083 635 Prairie Center Drive, #218 Castle Ridge Apts 1411622320093 635 Prairie Center Drive, #229 Castle Ridge Apts 1411622320125 635 Prairie Center Drive, #300 Castle Ridge Apts 1411622320195 635 Prairie Center Drive, #410 Castle Ridge Apts 1411622320207 635 Prairie Center Drive, #423 Castle Ridge Apts 1411622320249 635 Prairie Center Drive, #G5 Castle Ridge Apts 1411622320272 635 Prairie Center Drive, #28 Castle Ridge Apts 1411622320273 635 Prairie Center Drive, #500 Castle Ridge Apts 1411622320279 635 Prairie Center Drive, #226 Castle Ridge Apts 1411622320280 635 Prairie Center Drive, #312 Castle Ridge Apts 1411622320285 635 Prairie Center Drive, #314 Castle Ridge Apts 1411622320286 635 Prairie Center Drive, #224 Castle Ridge Apts 1411622320289 635 Prairie Center Drive, #222 Castle Ridge Apts 1411622320290 635 Prairie Center Drive, #305 Castle Ridge Apts 1411622320292 635 Prairie Center Drive, #408 Castle Ridge Apts 1411622320293 635 Prairie Center Drive, #412 Castle Ridge Apts 1411622320295 635 Prairie Center Drive, #427 Castle Ridge Apts 1411622320299 635 Prairie Center Drive, #150 Castle Ridge Apts 1411622320306 635 Prairie Center Drive, #159 Castle Ridge Apts 1411622320307 635 Prairie Center Drive Castle Ridge Apts 1411622320310 Unassigned Castle Ridge Apts 1411622320311 Unassigned Castle Ridge Apts 1411622320312 Unassigned Castle Ridge Apts 1411622320313 Unassigned Castle Ridge Apts 1411622320319 Unassigned Presbyterian Homes Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 24 - Pavel 7 above. ▪ The development will consist of 246 units of multi-family rental housing ▪ 20% of the units will be occupied by person with incomes less than 50% of median income ▪ There is no planned commercial area in the property, so it meets the requirement that no more than 20 percent of the square footage of the building that is receiving assistance from tax increment consists of commercial, retail or other non-residential uses. Pursuant to M.S., Section 469.176, Subd. 7, the District does not contain any parcel or part of a parcel that qualified under the provisions of M.S., Sections 273.111, 273.112, or 273.114 or Chapter 473H for taxes payable in any of the five calendar years before the filing of the request for certification of the District. Duration and First Year of Tax Increment of the District Pursuant to M.S., Section 469.175, Subd. 1, and Section 469.176, Subd. 1, the duration and first year of tax increment of the District must be indicated within the TIF Plan. Pursuant to M.S., Section 469.176, Subd. 1b., the duration of the District will be 25 years after receipt of the first increment by the City (a total of 26 years of tax increment). The HRA and City elect to receive the first tax increment in 2022, which is no later than four years following the year of approval of the District. Thus, it is estimated that the District, including any modifications of the TIF Plan for subsequent phases or other changes, would terminate after 2047, or when the TIF Plan is satisfied. The HRA and City reserve the right to decertify the District prior to the legally required date. Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity Value/Increment and Notification of Prior Planned Improvements Pursuant to M.S., Section 469.174, Subd. 7 and M.S., Section 469.177, Subd. 1, the Original Net Tax Capacity (ONTC) as certified for the District will be based on the market values placed on the property by the assessor in 2019 for taxes payable 2020. Pursuant to M.S., Section 469.177, Subds. 1 and 2, the County Auditor shall certify in each year (beginning in the payment year 2021) the amount by which the original value has increased or decreased as a result of: 1. Change in tax exempt status of property; 2. Reduction or enlargement of the geographic boundaries of the district; 3. Change due to adjustments, negotiated or court-ordered abatements; 4. Change in the use of the property and classification; 5. Change in state law governing class rates; or 6. Change in previously issued building permits. In any year in which the current Net Tax Capacity (NTC) value of the District declines below the ONTC, no value will be captured, and no tax increment will be payable to the HRA or City. The original local tax rate for the District will be the local tax rate for taxes payable 2020, assuming the request for certification is made before June 30, 2020. The ONTC and the Original Local Tax Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 24 - Pavel 8 Rate for the District appear in the table below. Pursuant to M.S., Section 469.174 Subd. 4 and M.S., Section 469.177, Subd. 1, 2, and 4, the estimated Captured Net Tax Capacity (CTC) of the District, within Redevelopment Project Area No. 5, upon completion of the projects within the District, will annually approximate tax increment revenues as shown in the table below. The HRA and City request 100 percent of the available increase in tax capacity for repayment of its obligations and current expenditures, beginning in the tax year payable 2022. The Project Tax Capacity (PTC) listed is an estimate of values when the projects within the District are completed. Note: Tax capacity includes a 3.0% inflation factor for the duration of the District. The tax capacity included in this chart is the estimated tax capacity of the District in year 25. The tax capacity of the District in year one is estimated to be $572,931. Pursuant to M.S., Section 469.177, Subd. 4, the HRA and City shall, after a due and diligent search, accompany its request for certification to the County Auditor or its notice of the District enlargement pursuant to M.S., Section 469.175, Subd. 4, with a listing of all properties within the District or area of enlargement for which building permits have been issued during the eighteen (18) months immediately preceding approval of the TIF Plan by the municipality pursuant to M.S., Section 469.175, Subd. 3. The County Auditor shall increase the original net tax capacity of the District by the net tax capacity of improvements for which a building permit was issued. The City has reviewed the area to be included in the District and determined no building permits have been issued during the 18 months immediately preceding approval of the TIF Plan by the City. Sources of Revenue/Bonds to be Issued The costs outlined in the Uses of Funds will be financed primarily through the annual collection of tax increments. The HRA and City reserve the right to incur bonds or other indebtedness as a result of the TIF Plan. As presently proposed, the project within the District will be financed by a pay-as-you-go note and interfund loan. Any refunding amounts will be deemed a budgeted cost without a formal TIF Plan Modification. This provision does not obligate the HRA or City to incur debt. The HRA or City will issue bonds or incur other debt only upon the determination that such action is in the best interest of the City. The total estimated tax increment revenues for the District are shown in the table below: Project estimated Tax Capacity upon completion $1,552,867 Original estimated Net Tax Capacity $53,858 Fiscal Disparities $0 Estimated Captured Tax Capacity $1,499,009 Original Local Tax Rate 105.0610%Pay 2019 Estimated Annual Tax Increment $1,574,874 Percent Retainted by the City 100% Project Tax Capacity Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 24 - Pavel 9 The HRA or City may issue bonds (as defined in the TIF Act) secured in whole or in part with tax increments from the District in a maximum principal amount of $20,000,633. Such bonds may be in the form of pay-as-you-go notes, revenue bonds or notes, general obligation bonds, or interfund loans. This estimate of total bonded indebtedness is a cumulative statement of authority under this TIF Plan as of the date of approval. Uses of Funds Currently under consideration for the District is a proposal to facilitate 246 units of mixed income rental housing of which 50 units (20%) will be affordable to households at or below 50% of the area median income. The HRA and City have determined that it will be necessary to provide assistance to the project for certain District costs, as described. The HRA and City have studied the feasibility of the development or redevelopment of property in and around the District. To facilitate the establishment and development or redevelopment of the District, this TIF Plan authorizes the use of tax increment financing to pay for the cost of certain eligible expenses. The estimate of public costs and uses of funds associated with the District is outlined in the following table. The total project cost, including financing costs (interest) listed in the table above does not exceed the total projected tax increments for the District as shown in the Sources of Revenue section. Fiscal Disparities Election Pursuant to M.S., Section 469.177, Subd. 3, the City may elect one of two methods to calculate fiscal disparities. The City will choose to calculate fiscal disparities by clause b (inside the District). It is not anticipated that the District will contain commercial / industrial property. As a result, there should SOURCES Tax Increment 28,289,612 Interest 2,828,961 TOTAL 31,118,573 USES Land/Building Acquisition 3,500,000 Site Improvements/Preparation 1,500,000 Affordable Housing 11,000,000 Utilities 500,000 Other Qualifying Improvements 671,672 Administrative Costs (up to 10%)2,828,961 PROJECT AND INTEREST COSTS TOTAL 20,000,633 Interest 11,117,940 PROJECT AND INTEREST COSTS TOTAL 31,118,574 Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 24 - Pavel 10 be no impact on the District due to the fiscal disparities provision. Estimated Impact on Other Taxing Jurisdictions The estimated impact on other taxing jurisdictions assumes that the redevelopment contemplated by the TIF Plan would occur without the creation of the District. However, the HR and City have determined that such development or redevelopment would not occur "but for" tax increment financing and that, therefore, the fiscal impact on other taxing jurisdictions is $0. The estimated fiscal impact of the District would be as follows if the "but for" test was not met: The estimates listed above display the captured tax capacity when all construction is completed. The tax rate used for calculations is the Pay 2019 rate. The total net capacity for the entities listed above are based on Pay 2019 figures. The District will be certified under the Pay 2020 rates, which were unavailable at the time this TIF Plan was prepared. Pursuant to M.S. Section 469.175 Subd. 2(b): (1) Estimate of total tax increment. It is estimated that the total amount of tax increment that will be generated over the life of the District is $28,289,612; (2) Probable impact of the District on city provided services and ability to issue debt. A minimal impact of the District on police protection is expected. The proposed development of approximately 246 units is replacing a housing complex with 245 units, so the impact additional housing and residents is minimal. The City does not expect that the proposed development, in and of itself, will necessitate new capital investment in vehicles or facilities. Entity 2018/Pay 2019 Total Net Tax Capacity Estimated Captured Tax Capacity (CTC) upon completion Percent of CTC to Entity Total Hennepin County 1,817,980,868 1,499,009 0.0825% City of Eden Prairie 112,559,846 1,499,009 1.3317% ISD No. 272 106,312,479 1,499,009 1.4100% Impact on Tax Base Entity Pay 2019 Extension Rate Percent of Total CTC Potential Taxes Hennepin County 41.86%39.84%1,499,009 627,500 City of Eden Prairie 31.6900%30.16%1,499,009 475,036 ISD No. 272 20.7560%19.76%1,499,009 311,134 Other 10.7540%10.24%1,499,009 161,203 Total 105.0610%100.00%1,499,009 1,574,874 Impact on Tax Rates Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 24 - Pavel 11 The probable impact of the District on fire protection is not expected to be significant. Typically, new buildings generate few calls, if any, and are of superior construction. The City does not expect that the proposed development, in and of itself, will necessitate new capital investment in vehicles or facilities. The impact of the District on public infrastructure is expected to be minimal. The development is not expected to significantly impact any traffic movements in the area. The current infrastructure for sanitary sewer, storm sewer and water will be able to handle the additional volume generated from the proposed development. Based on the development plans, there are no additional costs associated with street maintenance, sweeping, plowing, lighting and sidewalks. The development in the District is expected to contribute an estimated $1,548,570 in total sanitary sewer (SAC) and water (WAC) connection fees. This includes $611,310 in Metro SAC, $174,660 in City SAC and $762,600 in City WAC. The probable impact of any District general obligation tax increment bonds on the ability to issue debt for general fund purposes is expected to be minimal. It is not anticipated that there will be any general obligation debt issued in relation to this project, therefore there will be no impact on the City's ability to issue future debt or on the City's debt limit. (3) Estimated amount of tax increment attributable to school district levies. It is estimated that the amount of tax increments over the life of the District that would be attributable to school district levies, assuming the school district's share of the total local tax rate for all taxing jurisdictions remained the same, is $5,588,936; (4) Estimated amount of tax increment attributable to county levies. It is estimated that the amount of tax increments over the life of the District that would be attributable to county levies, assuming the county's share of the total local tax rate for all taxing jurisdictions remained the same, is $11,271,846; (5) Additional information requested by the county or school district. The City is not aware of any standard questions in a county or school district written policy regarding tax increment districts and impact on county or school district services. The county or school district must request additional information pursuant to M.S. Section 469.175 Subd. 2(b) within 15 days after receipt of the tax increment financing plan. No requests for additional information from the county or school district regarding the proposed development for the District have been received. Supporting Documentation Pursuant to M.S. Section 469.175, Subd. 1 (a), clause 7 the TIF Plan must contain identification and description of studies and analyses used to make the determination set forth in M.S. Section 469.175, Subd. 3, clause (b)(2) and the findings are required in the resolution approving the District. (i) In making said determination, reliance has been placed upon (1) a detailed analysis and underwriting of the developer’s pro forma; (2) an analysis quantifying the cost of restricting rents on 20% of the units to be affordable to families at 50% of the median Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 24 - Pavel 12 income; (3) City staff awareness of the feasibility of redeveloping the project site within the District; and (4) City planning documents including the 2017-2020 Strategic Plan for Housing and Economic Development: Community Development Department and Aspire Eden Prairie 2040. (ii) A comparative analysis of estimated market value both with and without establishment of the TIF District and the use of tax increments has been performed. Such analysis is included with the cashflow in Appendix B and indicates that the increase in estimated market value of the proposed development (less the indicated subtractions) exceeds the estimated market value of the site absent the establishment of the TIF District and the use of tax increments. Administration of the District Administration of the District will be handled by the Community Development Director. Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 24 - Pavel 13 Appendix A: Map of Redevelopment Project Area No. 5 and the TIF District Expanded Project Area #5 and New TIF District #24 ¯0 1 2 30.5 Miles TIF Housing District #24 S IN GLETREELN COLUMBINE RDFLYING CLOUD D R PR A I R I E C E N T E R D R CASTLEMOO RDRSEE INSET ¯ 0 0.25 0.5Miles Legend TIF Housing District #24 Expanded Project Area #5 Boundary Existing Project Area #5 Boundary Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 24 - Pavel 14 Appendix B: Estimated Cash Flow for the District 8/2/2019 Base Value Assumptions - Page 1 Paravel - No Inflation City of Eden Prairie, MN 246 Unit Multifamily Development with 4d Taxes ASSUMPTIONS AND RATES DistrictType:Housing District Name/Number:24County District #:Exempt Class Rate (Exempt)0.00% First Year Construction or Inflation on Value 2020 Commercial Industrial Preferred Class Rate (C/I Pref.)Existing District - Specify No. Years Remaining First $150,000 1.50%Inflation Rate - Every Year:3.00%Over $150,000 2.00%Interest Rate:4.00%Commercial Industrial Class Rate (C/I)2.00%Present Value Date:1-Aug-21 Rental Housing Class Rate (Rental)1.25% First Period Ending 1-Feb-22 Affordable Rental Housing Class Rate (Aff. Rental) Tax Year District was Certified:Pay 2020 First $150,000 0.75% Cashflow Assumes First Tax Increment For Development:2022 Over $150,000 0.25%Years of Tax Increment 26 Non-Homestead Residential (Non-H Res. 1 Unit)Assumes Last Year of Tax Increment 2047 First $500,000 1.00%Fiscal Disparities Election [Outside (A), Inside (B), or NA]Inside(B)Over $500,000 1.25% Incremental or Total Fiscal Disparities Incremental Homestead Residential Class Rate (Hmstd. Res.) Fiscal Disparities Contribution Ratio 36.8913%Pay 2019 First $500,000 1.00%Fiscal Disparities Metro-Wide Tax Rate 143.9920%Pay 2019 Over $500,000 1.25%Maximum/Frozen Local Tax Rate: 105.061%Pay 2019 Agricultural Non-Homestead 1.00%Current Local Tax Rate: (Use lesser of Current or Max.)105.061%Pay 2019 State-wide Tax Rate (Comm./Ind. only used for total taxes)42.4160%Pay 2019 Market Value Tax Rate (Used for total taxes)0.22951%Pay 2019 Building Total Percentage Tax Year Property Current Class After Land Market Market Of Value Used Original Original Tax Original After Conversion Map ID PID Owner Address Market Value Value Value for District Market Value Market Value Class Tax Capacity Conversion Orig. Tax Cap. 1411622320066 Castle Ridge 635 Prairie Ctr. Dr., #201 36,100 34,500 70,600 0%0 Pay 2020 Rental - - 1 1411622320078 Castle Ridge 635 Prairie Ctr. Dr., #213 36,100 34,500 70,600 0%0 Pay 2020 Rental - - 1411622320083 Castle Ridge 635 Prairie Ctr. Dr., #218 36,100 31,600 67,700 0%0 Pay 2020 Rental - - 1411622320093 Castle Ridge 635 Prairie Ctr. Dr., #229 36,100 31,600 67,700 0%0 Pay 2020 Rental - - 1411622320125 Castle Ridge 635 Prairie Ctr. Dr., #300 36,100 43,100 79,200 0%0 Pay 2020 Rental - - 1411622320195 Castle Ridge 635 Prairie Ctr. Dr., #410 36,100 34,500 70,600 0%0 Pay 2020 Rental - - 1411622320207 Castle Ridge 635 Prairie Ctr. Dr., #423 36,100 74,900 111,000 0%0 Pay 2020 Rental - - 1411622320249 Castle Ridge 635 Prairie Ctr. Dr., #G5 1,000 7,700 8,700 0%0 Pay 2020 Rental - - 1411622320272 Castle Ridge 635 Prairie Ctr. Dr., #28 0 0 0 0%0 Pay 2020 Rental - - 1411622320273 Castle Ridge 635 Prairie Ctr. Dr., #500 0 0 0 0%0 Pay 2020 Rental - - 1411622320279 Castle Ridge 635 Prairie Ctr. Dr., #226 36,100 56,900 93,000 0%0 Pay 2020 Rental - - 1411622320280 Castle Ridge 635 Prairie Ctr. Dr., #312 36,100 82,000 118,100 0%0 Pay 2020 Rental - - 1411622320285 Castle Ridge 635 Prairie Ctr. Dr., #314 36,100 41,200 77,300 0%0 Pay 2020 Rental - - 1411622320286 Castle Ridge 635 Prairie Ctr. Dr., #224 36,100 41,200 77,300 0%0 Pay 2020 Rental - - 1411622320289 Castle Ridge 635 Prairie Ctr. Dr., #222 36,100 49,300 85,400 0%0 Pay 2020 Rental - - 1411622320290 Castle Ridge 635 Prairie Ctr. Dr., #305 36,100 36,700 72,800 0%0 Pay 2020 Rental - - 1411622320292 Castle Ridge 635 Prairie Ctr. Dr., #408 36,100 58,700 94,800 0%0 Pay 2020 Rental - - 1411622320293 Castle Ridge 635 Prairie Ctr. Dr., #412 36,100 69,200 105,300 0%0 Pay 2020 Rental - - 1411622320295 Castle Ridge 635 Prairie Ctr. Dr., #427 36,100 83,200 119,300 0%0 Pay 2020 Rental - - 1411622320299 Castle Ridge 635 Prairie Ctr. Dr., #150 1,299,600 1,354,000 2,653,600 35%936,721 Pay 2020 Rental 11,709 Aff. Rental 7,025 1411622320306 Castle Ridge 635 Prairie Ctr. Dr., #159 1,588,400 1,652,500 3,240,900 35%1,132,176 Pay 2020 Rental 14,152 Rental 14,152 1411622320307 Castle Ridge 635 Prairie Ctr. Dr.1,444,000 1,504,200 2,948,200 35%1,028,922 Pay 2020 Rental 12,862 Rental 12,862 1411622320310 Castle Ridge Unassigned 1,119,100 1,183,100 2,302,200 0%0 Pay 2020 Rental - - 1411622320311 Castle Ridge Unassigned 1,119,100 1,310,100 2,429,200 0%0 Pay 2020 Rental - - 1411622320312 Castle Ridge Unassigned 1,335,700 1,426,800 2,762,500 0%0 Pay 2020 Rental - - 1411622320313 Castle Ridge Unassigned 61,400 412,600 474,000 0%0 Pay 2020 Rental - - 1411622320319 Presbyterian Homes Unassigned 2,114,000 2,114,000 75%1,585,500 Pay 2020 Rental 19,819 Rental 19,819 10,659,900 9,654,100 20,314,000 4,683,319 58,541 53,858Note: 1. Base values for Castle Ridge and Pres. Homes parcels are for pay 2020. Castle Ridge base value allocated to the project is based upon information received from the City Assessor. Project will occupy approximately 75% of Pres. Homes parcel, so 75% of current assessed value for this parcel is used for the district. 2. Located in SD # 272 and WS #4 Tax Rates BASE VALUE INFORMATION (Original Tax Capacity) Area/ Phase Prepared by Ehlers & Associates, Inc. - Estimates Only N:\Minnsota\Eden Prairie\Housing - Economic - Redevelopment\TIF\TIF Districts\TIF 24\TIF Runs\TIF Plan Run V2 - TIF Plan 8/2/2019 Base Value Assumptions - Page 2 Paravel - No Inflation City of Eden Prairie, MN 246 Unit Multifamily Development with 4d Taxes Estimated Taxable Total Taxable Property Percentage Percentage Percentage Percentage First Year Market Value Market Value Total Market Tax Project Project Tax Completed Completed Completed Completed Full TaxesArea/Phase New Use Per Sq. Ft./Unit Per Sq. Ft./Unit Sq. Ft./Units Value Class Tax Capacity Capacity/Unit 2020 2021 2022 2023 Payable 1 Apartments 282,100 282,100 196 55,291,600 Rental 691,145 3,526 75%100%100%100%2023 1 Apartments 282,100 282,100 50 14,105,000 Aff. Rental 72,763 1,455 75%100%100%100%2023TOTAL69,396,600 763,908 Subtotal Residential 246 69,396,600 763,908 Subtotal Commercial/Ind.0 0 0 Note: 1. Market values are based upon estimates from the City Assessor. Total Fiscal Local Local Fiscal State-wide Market Tax Disparities Tax Property Disparities Property Value Total Taxes Per New Use Capacity Tax Capacity Capacity Taxes Taxes Taxes Taxes Taxes Sq. Ft./Unit Apartments 691,145 0 691,145 726,124 0 0 126,900 853,024 4,352.16Apartments72,763 0 72,763 76,445 0 0 32,372 108,817 2,176.35TOTAL763,908 0 763,908 802,569 0 0 159,272 961,841 Note: 1. Taxes and tax increment will vary significantly from year to year depending upon values, rates, state law, fiscal disparities and other factors which cannot be predicted. Total Property Taxes 961,841less State-wide Taxes 0 less Fiscal Disp. Adj.0less Market Value Taxes (159,272)less Base Value Taxes (56,584)Annual Gross TIF 745,985 WHAT IS EXCLUDED FROM TIF? TAX CALCULATIONS PROJECT INFORMATION (Project Tax Capacity) Prepared by Ehlers & Associates, Inc. - Estimates Only N:\Minnsota\Eden Prairie\Housing - Economic - Redevelopment\TIF\TIF Districts\TIF 24\TIF Runs\TIF Plan Run V2 - TIF Plan 8/2/2019 Tax Increment Cashflow - Page 3 Paravel - No Inflation City of Eden Prairie, MN 246 Unit Multifamily Development with 4d Taxes TAX INCREMENT CASH FLOW Project Original Fiscal Captured Local Annual Semi-Annual State Admin.Semi-Annual Semi-Annual PERIOD % of Tax Tax Disparities Tax Tax Gross Tax Gross Tax Auditor at Net Tax Present ENDING Tax Payment OTC Capacity Capacity Incremental Capacity Rate Increment Increment 0.36%10%Increment Value Yrs.Year Date - - - - 02/01/22 100%572,931 (53,858) - 519,073 105.061%545,343 272,672 (982) (27,169) 244,521 235,026 0.5 2022 08/01/22 100%572,931 (53,858) - 519,073 105.061%545,343 272,672 (982) (27,169) 244,521 465,443 1 2022 02/01/23 100%763,908 (53,858) - 710,050 105.061%745,985 372,993 (1,343) (37,165) 334,485 774,456 1.5 2023 08/01/23 100%763,908 (53,858) - 710,050 105.061%745,985 372,993 (1,343) (37,165) 334,485 1,077,409 2 2023 02/01/24 100%786,825 (53,858) - 732,967 105.061%770,062 385,031 (1,386) (38,365) 345,281 1,384,008 2.5 2024 08/01/24 100%786,825 (53,858) - 732,967 105.061%770,062 385,031 (1,386) (38,365) 345,281 1,684,596 3 2024 02/01/25 100%810,429 (53,858) - 756,572 105.061%794,862 397,431 (1,431) (39,600) 356,400 1,988,780 3.5 2025 08/01/25 100%810,429 (53,858) - 756,572 105.061%794,862 397,431 (1,431) (39,600) 356,400 2,286,999 4 2025 02/01/26 100%834,742 (53,858) - 780,884 105.061%820,405 410,203 (1,477) (40,873) 367,853 2,588,767 4.5 2026 08/01/26 100%834,742 (53,858) - 780,884 105.061%820,405 410,203 (1,477) (40,873) 367,853 2,884,618 5 2026 02/01/27 100%859,785 (53,858) - 805,927 105.061%846,715 423,357 (1,524) (42,183) 379,650 3,183,969 5.5 2027 08/01/27 100%859,785 (53,858) - 805,927 105.061%846,715 423,357 (1,524) (42,183) 379,650 3,477,451 6 2027 02/01/28 100%885,578 (53,858) - 831,720 105.061%873,814 436,907 (1,573) (43,533) 391,801 3,774,387 6.5 2028 08/01/28 100%885,578 (53,858) - 831,720 105.061%873,814 436,907 (1,573) (43,533) 391,801 4,065,500 7 2028 02/01/29 100%912,146 (53,858) - 858,288 105.061%901,726 450,863 (1,623) (44,924) 404,316 4,360,022 7.5 2029 08/01/29 100%912,146 (53,858) - 858,288 105.061%901,726 450,863 (1,623) (44,924) 404,316 4,648,770 8 2029 02/01/30 100%939,510 (53,858) - 885,652 105.061%930,475 465,237 (1,675) (46,356) 417,206 4,940,881 8.5 2030 08/01/30 100%939,510 (53,858) - 885,652 105.061%930,475 465,237 (1,675) (46,356) 417,206 5,227,264 9 2030 02/01/31 100%967,695 (53,858) - 913,837 105.061%960,087 480,043 (1,728) (47,832) 430,484 5,516,967 9.5 2031 08/01/31 100%967,695 (53,858) - 913,837 105.061%960,087 480,043 (1,728) (47,832) 430,484 5,800,990 10 2031 02/01/32 100%996,726 (53,858) - 942,868 105.061%990,587 495,293 (1,783) (49,351) 444,159 6,088,289 10.5 2032 08/01/32 100%996,726 (53,858) - 942,868 105.061%990,587 495,293 (1,783) (49,351) 444,159 6,369,955 11 2032 02/01/33 100%1,026,628 (53,858) - 972,770 105.061%1,022,002 511,001 (1,840) (50,916) 458,245 6,654,856 11.5 2033 08/01/33 100%1,026,628 (53,858) - 972,770 105.061%1,022,002 511,001 (1,840) (50,916) 458,245 6,934,171 12 2033 02/01/34 100%1,057,427 (53,858) - 1,003,569 105.061%1,054,359 527,180 (1,898) (52,528) 472,754 7,216,679 12.5 2034 08/01/34 100%1,057,427 (53,858) - 1,003,569 105.061%1,054,359 527,180 (1,898) (52,528) 472,754 7,493,647 13 2034 02/01/35 100%1,089,149 (53,858) - 1,035,292 105.061%1,087,688 543,844 (1,958) (54,189) 487,697 7,773,768 13.5 2035 08/01/35 100%1,089,149 (53,858) - 1,035,292 105.061%1,087,688 543,844 (1,958) (54,189) 487,697 8,048,396 14 2035 02/01/36 100%1,121,824 (53,858) - 1,067,966 105.061%1,122,016 561,008 (2,020) (55,899) 503,089 8,326,137 14.5 2036 08/01/36 100%1,121,824 (53,858) - 1,067,966 105.061%1,122,016 561,008 (2,020) (55,899) 503,089 8,598,433 15 2036 02/01/37 100%1,155,479 (53,858) - 1,101,621 105.061%1,157,374 578,687 (2,083) (57,660) 518,943 8,873,801 15.5 2037 08/01/37 100%1,155,479 (53,858) - 1,101,621 105.061%1,157,374 578,687 (2,083) (57,660) 518,943 9,143,770 16 2037 02/01/38 100%1,190,143 (53,858) - 1,136,285 105.061%1,193,793 596,896 (2,149) (59,475) 535,273 9,416,774 16.5 2038 08/01/38 100%1,190,143 (53,858) - 1,136,285 105.061%1,193,793 596,896 (2,149) (59,475) 535,273 9,684,426 17 2038 02/01/39 100%1,225,847 (53,858) - 1,171,989 105.061%1,231,304 615,652 (2,216) (61,344) 552,092 9,955,074 17.5 2039 08/01/39 100%1,225,847 (53,858) - 1,171,989 105.061%1,231,304 615,652 (2,216) (61,344) 552,092 10,220,415 18 2039 02/01/40 100%1,262,623 (53,858) - 1,208,765 105.061%1,269,940 634,970 (2,286) (63,268) 569,416 10,488,717 18.5 2040 08/01/40 100%1,262,623 (53,858) - 1,208,765 105.061%1,269,940 634,970 (2,286) (63,268) 569,416 10,751,757 19 2040 02/01/41 100%1,300,501 (53,858) - 1,246,644 105.061%1,309,736 654,868 (2,358) (65,251) 587,259 11,017,722 19.5 2041 08/01/41 100%1,300,501 (53,858) - 1,246,644 105.061%1,309,736 654,868 (2,358) (65,251) 587,259 11,278,471 20 2041 02/01/42 100%1,339,516 (53,858) - 1,285,659 105.061%1,350,726 675,363 (2,431) (67,293) 605,638 11,542,108 20.5 2042 08/01/42 100%1,339,516 (53,858) - 1,285,659 105.061%1,350,726 675,363 (2,431) (67,293) 605,638 11,800,575 21 2042 02/01/43 100%1,379,702 (53,858) - 1,325,844 105.061%1,392,945 696,473 (2,507) (69,397) 624,569 12,061,895 21.5 2043 08/01/43 100%1,379,702 (53,858) - 1,325,844 105.061%1,392,945 696,473 (2,507) (69,397) 624,569 12,318,091 22 2043 02/01/44 100%1,421,093 (53,858) - 1,367,235 105.061%1,436,431 718,215 (2,586) (71,563) 644,067 12,577,105 22.5 2044 08/01/44 100%1,421,093 (53,858) - 1,367,235 105.061%1,436,431 718,215 (2,586) (71,563) 644,067 12,831,040 23 2044 02/01/45 100%1,463,726 (53,858) - 1,409,868 105.061%1,481,221 740,611 (2,666) (73,794) 664,150 13,087,759 23.5 2045 08/01/45 100%1,463,726 (53,858) - 1,409,868 105.061%1,481,221 740,611 (2,666) (73,794) 664,150 13,339,445 24 2045 02/01/46 100%1,507,638 (53,858) - 1,453,780 105.061%1,527,355 763,678 (2,749) (76,093) 684,836 13,593,880 24.5 2046 08/01/46 100%1,507,638 (53,858) - 1,453,780 105.061%1,527,355 763,678 (2,749) (76,093) 684,836 13,843,327 25 2046 02/01/47 100%1,552,867 (53,858) - 1,499,009 105.061%1,574,874 787,437 (2,835) (78,460) 706,142 14,095,491 25.5 2047 08/01/47 100%1,552,867 (53,858) - 1,499,009 105.061%1,574,874 787,437 (2,835) (78,460) 706,142 14,342,710 26 2047 02/01/48 Total 28,391,823 (102,211) (2,828,961) 25,460,651 Present Value From 08/01/2021 Present Value Rate 4.00%15,993,923 (57,578) (1,593,634) 14,342,710 Prepared by Ehlers & Associates, Inc. - Estimates Only N:\Minnsota\Eden Prairie\Housing - Economic - Redevelopment\TIF\TIF Districts\TIF 24\TIF Runs\TIF Plan Run V2 - TIF Plan Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 24 - Pavel 15 Appendix C: Findings Including But For Qualifications The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan for Tax Increment Financing District No. 24 - Paravel, as required pursuant to Minnesota Statutes, Section 469.175, Subdivision 3 are as follows: 1. Finding that Tax Increment Financing District No. 24 - Paravel is a housing district as defined in M.S., Section 469.174, Subd. 11. TIF District No. 24 - Paravel consists of a portion of 27 parcels that are being replatted as described in the TIF Plan. The development will consist of approximately 246 units of rental housing. A portion of the housing units will receive tax increment assistance and will meet income restrictions described in M.S. 469.1761. At least 20 percent of the units (50 apartments) receiving assistance will have incomes at or below 50 percent of statewide median income. Appendix E of the TIF Plan contains background for the above finding. 2. Finding that the proposed development, in the opinion of the HRA, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future. The proposed development, in the opinion of the HRA, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future: This finding is supported by the fact that the development proposed in this plan contains affordable housing units that meet the City's objectives for development. The cost of land acquisition, site and public improvements and construction makes this housing development infeasible without City assistance. The cost of land acquisition and construction are the same for affordable housing units as they are for market rate projects. The decreased rental income from the affordable units, means there is less cash flow available to service the operating and debt expenses for the project. This leaves a gap in funding for the project. The amount of the gap has been verified by the City and HRA’s consultant. The need to offset this reduction in rents for the affordable units makes this housing development feasible only through assistance, in part, from tax increment financing. The developer was asked for and provided a letter and a pro forma as justification that the project would not have gone forward without tax increment assistance. The increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the TIF District permitted by the TIF Plan: This finding is justified on the grounds that the costs of acquisition, building demolition, site improvements, utility improvements and construction of affordable housing add to the total development cost. Historically, the costs of site and public improvements, as well as high market rate rents in the City have made development of affordable housing infeasible without tax increment assistance. Although other projects could potentially be proposed, the HRA reasonably determines that no other redevelopment of similar scope providing the desired affordability can be anticipated on this site without substantially similar assistance being provided to the development. Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 24 - Pavel 16 3. Finding that the TIF Plan for Tax Increment Financing District No. 24 - Paravel conforms to the general plan for the development or redevelopment of the municipality as a whole. The HRA finds that the TIF Plan conforms to the general development plan of the City. The TIF Plan is consistent with amendments approved by the City Council to the Comprehensive Guide Plan and zoning. 4. Finding that the TIF Plan for Tax Increment Financing District No. 24 - Paravel will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of Redevelopment Project Area No. 5 by private enterprise. The project to be assisted by the District will result in diversified housing opportunities and increased employment and increased tax base in the City and the State of Minnesota, and the addition of a high-quality development to the City. CITY COUNCIL AGENDA SECTION: Public Hearings DATE: September 17, 2019 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah/David Lindahl ITEM DESCRIPTION: Certificate Of Appropriateness 2019-01-001 ITEM NO.: IX.C. Requested Action Move to: • Close the Public Hearing; and • Adopt the Findings of Fact and Approve Certificate of Appropriateness 2019-01-001 for the renovations to the Lion’s Den building. Synopsis The Glen Lake Children’s Camp, located at 6350 Indian Chief Road, is listed on the National Register of Historic Places. A Certificate of Appropriateness (COA) is required to make any change in, on, or to a designated Heritage Preservation Site. The Heritage Preservation Commission (HPC) at their August 19, 2019 meeting reviewed and approved plans for exterior renovations to the Camp’s Lion’s Den building. This Certificate of Appropriateness will approve replacing siding, windows, doors and ADA ramp on the Lion’s Den Cabin. Findings of Fact The Eden Prairie Heritage Preservation Commission (HPC) recommends to the City Council the following Findings based on criteria in City Code, Section 11.05, Subd. 8. A.1, Criteria for Alteration of Historic Preservation Sites and Subd. 8. C., Criteria for Certificate of Appropriateness: • The Lion’s Den building requires upgrades to the exterior and ADA ramp to ensure campers are safe and secure. • The proposed materials for siding, window, door and ramp replacement meet general preservation standards applicable to this application request. • A notice of public hearing was published in the EP News September 5, 2019. • Proper notice was given to property owners within 500 feet of the site • The COA application and related documents were provided and reviewed by the HPC. • The application meets the Secretary of The Interior’s Standards, and the specific Criteria in City Code, Section 11.05, Subd. 8. A.2, Criteria for Alteration of Historic Preservations Sites, and Subd. 8. C., Criteria for Certificate of Appropriateness. • The State Historic Preservation Office approved the updates in a letter dated May 29, 2019. Background The City of Eden Prairie leases the Glen Lake Children’s Camp and property to True Friends whose mission is to provide life-changing experiences that enhance independence and self- esteem for children and adults with disabilities. Conor McGrath, Director of Facilities at True Friends has been working with City staff on plans to renovate the Lion’s Den building. The HPC held a public hearing on August 19, 2019 and voted unanimously to recommend the City Council approve the application for Certificate of Appropriateness No. 2019-01-001. Attachments 1. COA Application 2. Findings of Fact 3. Unapproved HPC Minutes 8-19-19 4. Location Map 5. Aerial Map 1 TO: Heritage Preservation Commission FROM: Lori Creamer, Staff Liaison for HPC DATE: July 11, 2019 PROJECT: COA – 2019-01-001 Findings of Fact Recommendation Replace siding, windows, doors, ramp and hand rails on the Lion’s Den building (non-historic) for safety and maintenance purposes, consistent with the materials/colors of the within the boundaries of the Glen Lake Children’s Camp National Register Historic District property REQUEST AND BACKGROUND The Glen Lake Children’s Camp is listed as a National Register of Historic Places. A Certificate of Appropriateness (COA) is required to make any change in, on, or to a designated Heritage Preservation Site. Any proposed change, addition or alteration to a building, structure or site must meet the Secretary of the Interior’s Standards and Guidelines for Historic Preservation Projects. The City Council has final approval of the Certificate of Appropriateness. The Certificate of Appropriateness will approve the following: True Friends, as the lease of the property, is requesting to replace the siding, windows, doors and ADA ramp on the Lion’s Den Cabin, which is a non-contributing building at the Glen Lake Children’s camp, National Register Historic District property located at 6350 Indian Chief Road. True Friends, a non-profit organization who creates an environment where experiences and adventures are open to individuals of all abilities has signed a 20 year lease on the property beginning January 1, 2015. As part of the lease agreement, they are responsible for the maintenance and upkeep of all the buildings at the site. This project will ensure the Lion’s Den will remain usable and in good repair for years to come. FINDINGS OF FACT • The proposed products for siding, window, and door and ramp replacement are found to meet general preservation standards applicable to this application request. The Heritage Preservation Commission may wish to adopt and recommend to the City Council the following Findings, based on the criteria in City Code, Section 11.05, Subd. 8. A.1, Criteria for Alteration of Historic Preservation Sites and Subd. 8. C., Criteria for Certificate of Appropriateness. 2 Re: Change exterior materials of a building within a historic district A.1. Remodel, alter, or substantially change the exterior appearance of a historic building, site or landmark The current Lion’s Den building is in need of upgrades to the exterior and ADA ramp to ensure campers are safe and secure. The current building is considered a non-contributing building in the National Register Historic District of the Glen Lake Children’s Camp UNAPPROVED MINUTES EDEN PRAIRIE HERITAGE PRESERVATION COMMISSION TUESDAY, AUGUST 19, 2019 8:00 P.M. CITY CENTER 8080 MITCHELL RD HPC COMMISSION MEMBERS: Steve Olson-Chair; Tara Kalar-Vice Chair; Pamela Spera; Valerie Ross; Paul Thorp; Shanti Shah; Cheryl Kessler COMMISSION STAFF: David Lindahl, Staff Liaison Kristin Harley, Recording Secretary I. CALL TO ORDER/ROLL CALL Chair Olson called the meeting to order at 7:00 p.m. Absent were commission members Kalar and Shah. Eden Prairie residents Connor McGrath and Norm Rogers joined the meeting. II. APPROVAL OF AGENDA MOTION: Ross moved, seconded by Kessler to approve the agenda. Motion carried 5-0. III. APPROVAL OF MINUTES MOTION: Thorp moved, seconded by Kessler to approve the amended minutes of the July 15, 2019 meeting with language under Fall Harvest Festival changed from “scavenger” to “history” hunt with signs “developed by the HPC.” Motion carried 5-0. IV. NEW BUSINESS A. PUBLIC HEARING – C.O.A. CAMP EDEN WOOD LION’S DEN McGrath presented a PowerPoint and described the building improvements to the lap siding, windows, doors, soffit and fascia, and handrails and deck boards. All upgrades were to be designed to match in style and finish the newly constructed Berglund Center near the Lion’s Den. The pre-finished 30-year Smart LP lap siding would have a 30-year warranty and be durable. The windows would be the Anderson 400 Series, and the doors would be Bayer built, the soffit and fascia would be pre-finished aluminum, and the hand- and deck rails would be pre-finished cedar which would be finished after being installed. He anticipated receiving comments from SHPO. EDEN PRAIRIE HERITAGE PRESERVATION COMMISSION July 15, 2019 Page 2 Thorp asked if the brick veneer would be taken out, and McGrath replied it would, as it did not match. Thorp asked for and received confirmation the City Council would probably approve the true cedar boards. Olson stated the reason the State Historic Preservation Office (SHPO) was involved was due to a grant received by True Friends that required its oversight. Olson read the staff recommendation: “staff recommends approval of the upgrades to the exterior of the Lion’s Den cabin, including siding, windows, doors and ADA ramp, on the site within the boundaries of the Glen Lake Children’s Camp National Register Historic District property. Stated Historic Preservation Office approved the updates, as long as they are similar in style and color as the other updated building on the site. Letter dates May 29, 2019 is included with this report.” MOTION: Thorp moved, seconded by Kessler and Ross to close the public hearing. Motion carried 5-0. MOTION: Thorp moved, seconded by Spera to recommend approval to the City Council of the Certificate of appropriateness application COA 2019-03-14 for the upgrading of exterior materials, including siding, windows and doors and ADA ramp, approved by the Heritage Preservation Commission and the State Historic Preservation Office. Motion carried 5-0. V. OLD BUSINESS A. PEOPLEFEST UPDATE Thorp summarized the event: the HPC had a booth with displays. Kessler displayed the inflated globes with the lines drawn to represent their travels to the United States and she and Thorp described several of the journeys residents took. The globes proved to be popular. Kessler stated the family tree was also popular among young children who could fill out generations back to their great-grandparents. Ross stated the map overlays from 1859,1879, 1890, and the current map were used to show residents how their land corresponded to earlier land settlers. B. FALL HARVEST CELEBRATION Ross stated there would be a meeting in September and the City, the HPC, and the Historical Society were planning a number of activities outside the Dorenkemper House, including using the Peoplefest display with the maps and globes, people dressed in costume, old-fashioned games, a display, and a history hunt with six interpretive signs for residents to turn in to win an afghan showing all of Eden Prairie’s historic properties. She need commission members to think about volunteering for this event, which would be held on October 5, 2:00—5:00 p.m. EDEN PRAIRIE HERITAGE PRESERVATION COMMISSION July 15, 2019 Page 3 The City was also offering horse-drawn carriage rides, pumpkin decorating, food vendors, and other activities. VI. REPORTS OF COMMISSION AND STAFF A. 2019 STATEWIDE HISTORIC PRESERVATION CONFERENCE Kessler and Spera volunteered to attend. Discussion followed on the logistics of travel and reimbursement. Olson offered to forward an email from Michael Koop. Lindahl reminded the commission of the scholarship for the registration and offered to confirm the procedure. VII. REPORTS OF HISTORICAL SOCIETY Ross announced the movie Stalag Luft 3 would be shown on August 23 at Wings of the North. The Society was making good progress on the Smith Douglas Moore House timeline, which would be displayed as a large poster by the door. Thorp displayed a font size example. The Cummins House would host a series of events for non-profits, such as the League of Women Voters, a Rotary luncheon, and the Chris Wivholm Foundation. The Vintage Sale would be held November 1 and 2. Santa would be coming in late November, and the Sharing Tree event was November 30. Thorp stated the inventory of historic properties in Eden Prairie is missing some properties, such as the Gunnar Electric Site across from Smith Coffee Shop. The pump islands for the 1920s-30s gas station in the house and/or the garage should be documented before destruction. Lindahl offered to arrange access. Discussion followed on the location of the pump islands. Thorp recommended that every commissioner have or read an out-of-print book, Heritage: Preserving Eden Prairie’s Past by Daniel Hoisington who helped to form the commission. VIII. FYI ITEMS A. GRANT APPLICATION FOR CUMMINS HOUSE UPSTAIRS WORK Lindahl stated Lori Creamer submitted the application on July 25. There was an iterative process between now and the deadline on September 30. City Manager Rick Getschow was the point person. Olson recommended Kessler as an experienced grant writer. Thorp recommended Ken Case for “nuts and bolts” questions. B. COUNCIL WORKSHOP – JOINT MEETING WITH HISTORICAL SOCIETY/HPC TUESDAY, AUGUST 13, 2019 5:00 P.M. EDEN PRAIRIE HERITAGE PRESERVATION COMMISSION July 15, 2019 Page 4 Ross and Lindahl stated the meeting went very well. Thorp stated the Historic Society was well-represented. Lindahl stated it was a positive introduction of projects in progress, and the City Council was interested and engaged. Thorp was able to present on his research on the Yorkville/Bloomington Trail. Discussion followed on the site. Lindahl received the report from McDonald & Mack with the package recommending it be designated locally. The commission would review, Douglas Mack would attend September meeting and present the report, and then there would be a public hearing. It would be a six-month process at least. Ross stated City Council member Mark Freiberg expressed willingness to have the City fund upstairs renovation of Cummins House in case the grant currently being sought did not come through. Also, Ron Case mentioned thinking about having City staff hired on a part-time basis to focus on historical preservation. C. GROUND WATER RESERVOIR – INTEPRETIVE PANEL & MAPS Lindahl presented a PowerPoint and stated he was asked by Public Works Director Robert Ellis to share information regarding the ground water reservoir being built. He detailed the need to accommodate future clean water needs and showed how the configuration was mostly underground. The pump house was designed to look like the original depot and would include an interpretive element for visitors coming from the regional trail. The HPC was being asked to come up with the interpretive panel content and could determine its level of involvement. An old railroad map would be displayed inside and outside of the building. Discussion followed on a possible series of grant applications needed for research, content, the proper amount of text, and actual fabrication. Lindahl agreed to speak to Ellis about next steps and a timeline for construction and interpretive installation. IX NEXT MEETING The next HPC meeting will be held on Monday, September 16, 2019 at 7:00 p.m. in Prairie Rooms A & B. X. ADJOURNMENT MOTION: Ross moved, seconded by Spera to adjourn. Motion carried 6-0. The meeting was adjourned at 8:21 p.m. ¯ Location Map: Glen Lake Children's Camp C.O.A.Address:6350 Indian Chief Road, Eden Prairie, Minnesota 0 440 880220 Feet SITE Highway 62 IndianChiefRoadEdenvaleBoulevardBirchIsland Road CITY COUNCIL AGENDA SECTION: Public Hearing DATE: September 17, 2019 DEPARTMENT/DIVISION: Denise Christensen Public Works / Engineering ITEM DESCRIPTION: Vacation 19-06 Vacation of Right-of-Way and Easements ITEM NO.: IX.D. Requested Action Move to: •Close the public hearing; and •Adopt the Resolution vacating Right-of-Way and Easements. Synopsis The Property Owner and Developer of parcels near Castlemoor Drive have requested the vacation of original right-of way, drainage, and utility easements on the below listed roadway, plats and documents. There has been an Objection from CenturyLink regarding public utilities in the easement. The vacation is conditioned upon a receipt of No Objection to the Vacation from CenturyLink and Xcel Energy. Background Information The right-of-way and a number of drainage and utility easements were originally dedicated with the plats of Columbine Road Addition, Castle Ridge, Fountain Place, and Castle Ridge 2nd Addition. The highway easement and a drainage and utility easement were originally granted by documents No. 8378291 and 8378292 recorded with the Hennepin County Recorder’s Office. All of the right-of-way, highway, drainage, and utility easements will not be needed as new easements will be dedicated on the new plat of Castle Ridge 3rd Addition. The release of the resolution vacating all the right-of-way and easements shall be conditioned on the recording of the plat of Castle Ridge 3rd Addition and the receipt of No Objection from CenturyLink and Xcel Energy. Attachments 1.Resolution 2. Location Map 3.Site Plan4. Published Notice5.Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019- VACATION OF CASTLEMOOR DRIVE RIGHT-OF-WAY; PART OF DRAINAGE AND UTILITY EASEMENTS DEDICATED ON CASTLE RIDGE; PART OF DRAINAGE AND UTILITY EASEMENTS DEDICATED ON FOUNTAIN PLACE; PART OF DRAINAGE AND UTILITY EASEMENTS DEDICATED ON CASTLE RIDGE 2ND ADDITION; HIGHWAY AND DRAINAGE AND UTILITY EASEMENTS GRANTED BY DOCUMENTS NO. 8378291 AND 8378292 VACATION 19-06 WHEREAS, the City of Eden Prairie has certain a right-of-way, highway easement, and drainage and utility easements described as follows: Castlemoor Drive as dedicated on COLUMBINE ROAD ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota. Castlemoor Drive as dedicated on CASTLE RIDGE, according to the recorded plat thereof, Hennepin County, Minnesota. All of the Drainage and Utility Easements as dedicated on Lot 1, Block 1; Lot 1 and Lot 2, Block 2, all in CASTLE RIDGE, according to the recorded plat thereof, Hennepin County, Minnesota. All of the Drainage and Utility Easements as dedicated on Lot 2, Block 1, FOUNTAIN PLACE, according to the recorded plat thereof, Hennepin County, Minnesota. All of the Drainage and Utility Easements as dedicated on Outlot A, CASTLE RIDGE 2ND ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota. A perpetual Highway Easement granted on Abstract Document Number 8378291 as recorded with the Office of the County Recorder, Hennepin County, being described as beginning at the most northerly corner thereof; thence southerly along the westerly line of said Lot 1 to its intersection with the southwesterly line of the northeasterly 12.0 feet of said Lot 1; thence South 53 degrees 30 minutes 53 seconds East, assuming bearing, along said southwesterly line a distance of 186.85 feet; thence southeasterly 56.75 feet along a tangential curve concave to the southwest having a radius of 166.00 feet and a central angle of 19 degrees 35 minutes 17 seconds; thence South 02 degrees 44 minutes 12 seconds West, not tangent to said curve, 85.57 feet; thence southwesterly along a non-tangential curve concave to the northwest having a radius of 1,193.00 feet to a point on the south line of said Lot 1 distant 10.70 feet westerly of the southeast corner thereof; thence northeasterly, northerly and northwesterly along the southeasterly, easterly, and northeasterly lines of said Lot 1 to the point of the beginning. A perpetual Drainage and Utility Easement granted on Abstract Document Number 8378292 as recorded with the Office of the County Recorder, Hennepin County, being described as a 20.0 foot perpetual easement the center line of said easement is described as beginning at a point on the southeasterly line of said Lot 1 distance 39.20 feet northeasterly of the southeasterly corner thereof; thence North 26 degrees 47 minutes 37 seconds West, the northeasterly line of said Lot 1 has an assumed bearing of North 53 degrees 30 minutes 53 seconds West, a distance of 35.00 feet and said center line there terminating. WHEREAS, a Public Hearing was held on September 17, 2019, after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; and WHEREAS, the Council has been advised by City Staff that the proposed vacation of the above described right-of-way, highway easement, drainage, and utility easements has no relationship to the comprehensive municipal plan; and WHEREAS, it has been determined that the said right-of-way, highway easement, drainage, and utility easements are not necessary and have no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said right-of-way, highway easement, drainage, and utility easements as described above are hereby vacated. 2. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with M.S.A. 412.851. 3. This Resolution is contingent upon and shall not be effective until the plat of Castle Ridge 3rd Addition has been recorded with the County Recorder/Registrar of Titles as applicable and a notice of No Objection has been received from CenturyLink. The City Clerk shall not present the Notice of Completion of Proceedings to the County Auditor or file it with the County Recorder/Registrar of Titles until the plat of Castle Ridge 3rd Addition is recorded and a notice of No Objection has been received from CenturyLink and Xcel Energy. ADOPTED by the Eden Prairie City Council on September 17, 2019. ________________________ Ronald A. Case, Mayor ATTEST: _______________________ Kathleen Porta, City Clerk RD.PORCUPINECT.RD.W.FES C U E WESTWINDAR NEL PLAZADR .RD.JOY CIR.GRIERLA.RIAARCMAG NOLIATR.R D .PL.FOUC O L UMBINE ZACHMAN CIR.RD.EDEN RD.REGIONAL CENTER LEONA RD.GLE N LA.SINGL ETREELA.CT.WATERFORDDEN RD.23.24.25.27.W E S TDARNELTU S S OCKCT.TOOFWOCRCT.COCKSP URCT . OBLE KATHRYNCT.DR.CT.A MAGRANDR. CA RM ODY BLVD.MCT.WIN DS O G DR .DR. RD.97AZTEC DR. DR.NTAINMAGNOLIA TR. ORCASTLEMO D R I V E J O I N E R W A YCARDIFFLA.COMEDPRIMROSEL A .MARIGOLDCIR.CIR.ALA.PKWY.STOCKBRIDGE N CIR.WINCHESTERPL.CAMBRIDGELA.C O R TLAND RD. NO 8 4 SHA NON CT.N WIL ERDR.GWE N ETH LA.FRANLORD.D PRAIRIEJASMIN E L A . BLVD.E S E R V F L Y I N G CL O U D DR.PRAIRIECENDR.TERCHNDR.Lake IdlewildEden PrairieCenterEdenLake212561TE OLOGY PurgatoryCreekParkR S O N85CT.LA.ESSE X BER KSHIRECT. PK W Y .LIHDAGARDEN82R H UPTR.T R 83ANDEOak PointeIntermediateSchoolEden LakeElementarySchoolEden LakePark142223SITEG:\Engineering\Drawings\Public Works\Easements\Vacations\2019\VAC 19-06.dwg DATE: 08/22/2019EASEMENT VACATION LOCATION MAPVAC 19-06 Phone (952) 937-5150 12701 Whitewater Drive, Suite #300Fax(952) 937-5822 Minnetonka, MN 55343Toll Free (888) 937-5150 Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343 Toll Free (888) 937-5150 Phone (952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343 Toll Free (888) 937-5150 VACATION 19-06 NOTICE OF VACATION OF CASTLEMOOR DRIVE; DRAINAGE AND UTILITY EASEMENTS DEDICATED ON CASTLE RIDGE; DRAINAGE AND UTILITY EASEMENTS DEDICATED ON FOUNTAIN PLACE; DRAINAGE AND UTILITY EASEMENTS DEDICATED ON CASTLE RIDGE 2ND ADDITION; HIGHWAY AND DRAINAGE AND UTILITY EASEMENTS GRANTED BY DOCUMENTS NO. 8378291 AND 8378292 Notice is hereby given that a public hearing will be held before the Eden Prairie City Council at the Eden Prairie City Hall, 8080 Mitchell Road, Eden Prairie, Minnesota, on September 17, 2019 at 7:00 p.m. to hear all persons present upon the proposed vacation of Castlemoor Drive and highway, drainage, and utility easements described as follows: Castlemoor Drive as dedicated on COLUMBINE ROAD ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota. Castlemoor Drive as dedicated on CASTLE RIDGE, according to the recorded plat thereof, Hennepin County, Minnesota. All of the Drainage and Utility Easements as dedicated on Lot 1, Block 1; Lot 1 and Lot 2, Block 2, all in CASTLE RIDGE, according to the recorded plat thereof, Hennepin County, Minnesota. All of the Drainage and Utility Easements as dedicated on Lot 2, Block 1, FOUNTAIN PLACE, according to the recorded plat thereof, Hennepin County, Minnesota. All of the Drainage and Utility Easements as dedicated on Outlot A, CASTLE RIDGE 2ND ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota. A perpetual Highway Easement granted on Abstract Document Number 8378291 as recorded with the Office of the County Recorder, Hennepin County, being described as beginning at the most northerly corner thereof; thence southerly along the westerly line of said Lot 1 to its intersection with the southwesterly line of the northeasterly 12.0 feet of said Lot 1; thence South 53 degrees 30 minutes 53 seconds East, assuming bearing, along said southwesterly line a distance of 186.85 feet; thence southeasterly 56.75 feet along a tangential curve concave to the southwest having a radius of 166.00 feet and a central angle of 19 degrees 35 minutes 17 seconds; thence South 02 degrees 44 minutes 12 seconds West, not tangent to said curve, 85.57 feet; thence southwesterly along a non- tangential curve concave to the northwest having a radius of 1,193.00 feet to a point on the south line of said Lot 1 distant 10.70 feet westerly of the southeast corner thereof; thence northeasterly, northerly and northwesterly along the southeasterly, easterly, and northeasterly lines of said Lot 1 to the point of the beginning. A perpetual Drainage and Utility Easement granted on Abstract Document Number 8378292 as recorded with the Office of the County Recorder, Hennepin County, being described as a 20.0 foot perpetual easement the center line of said easement is described as beginning at a point on the southeasterly line of said Lot 1 distance 39.20 feet northeasterly of the southeasterly corner thereof; thence North 26 degrees 47 minutes 37 seconds West, the northeasterly line of said Lot 1 has an assumed bearing of North 53 degrees 30 minutes 53 seconds West, a distance of 35.00 feet and said center line there terminating. By Order of the City Council Published in the Eden Prairie News on August 29, 2019. NOTIFICATION LIST VACATION REQUEST 19-06 A copy of the Public Hearing Notice has been sent to owners of the following parcels: 14-116-22-32-0066 14-116-22-33-0037 14-116-22-31-0049 14-116-22-31-0020 14-116-22-32-0319 14-116-22-32-0318 A copy of the Public Hearing Notice has been sent to the following Utilities: CenterPoint Energy CenturyLink Communications Comcast Cable Xcel Energy CITY COUNCIL AGENDA SECTION: Payment of Claims DATE: September 17, 2019 DEPARTMENT/DIVISION: Sue Kotchevar, Office of the City Manager/Finance ITEM DESCRIPTION: Payment of Claims ITEM NO.: X. Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 269826 - 270084 Wire Transfers 1023508 - 1023605 Wire Transfers 7255 - 7270 City of Eden Prairie Council Check Summary 9/17/2019 Division Amount Division Amount 000 General 311,925 601 Prairie Village Liquor 90,017 100 City Manager -384 602 Den Road Liquor 176,236 101 Legislative 2,938 603 Prairie View Liquor 120,942 111 Customer Service 2,467 605 Den Road Building 982 114 Benefits & Training 1,295 701 Water Enterprise Fund 164,656 131 Finance 196 702 Wastewater Enterprise Fund 411,691 132 Housing and Community Services 180 703 Stormwater Enterprise Fund 17,435 136 Public Safety Communications 1,258 Total Enterprise Fund 981,959 137 Economic Development 381 138 Community Development Admin.579 802 494 Commuter Services 17,145 150 Park Administration 2,070 803 Escrow Fund 4,700 151 Park Maintenance 36,781 807 Benefits Fund 773,015 154 Community Center 18,767 809 Investment Fund 2,578 156 Youth Programs 24,414 810 Workers Comp Insurance 137,413 157 Special Events 127 811 Property Insurance 118,422 158 Senior Center 2,370 812 Fleet Internal Service 100,145 162 Arts 359 813 IT Internal Service 10,845 163 Outdoor Center 446 815 Facilites Operating ISF 32,875 164 Park Rental Facilities 602 816 Facilites City Center ISF 64,567 168 Arts Center 150 817 Facilites Comm. Center ISF 67,877 180 Police Sworn 11,272 Total Internal Svc/Agency Funds 1,329,584 184 Fire 19,713 186 Inspections 3,077 Report Total 7,690,632 200 Engineering 4,336 201 Street Maintenance 62,966 202 Street Lighting 509 Total General Fund 508,793 301 CDBG 2,710 303 Cemetary Operation 1,770 Total Special Revenue Fund 4,480 308 E-911 323 309 DWI Forfeiture 62 315 Economic Development 60,983 502 Park Development 530 509 CIP Fund 12,106 522 Improvement Projects 2006 12,279 526 Transportation Fund 3,265 536 General LRT 4,776,268 Total Capital Projects Fund 4,865,816 City of Eden PrairieCouncil Check Register by GL 9/17/2019 Check #Amount Supplier / Explanation Account Description Business Unit Comments 270027 2,500,000 METRO TRANSIT Improvement Contracts General LRT Metro Transit SWLRT Local work 269912 2,276,268 METRO TRANSIT Improvement Contracts General LRT Metro Transit SWLRT Const#2 270028 371,799 METROPOLITAN COUNCIL ENVIRONMENTAL SERVI MCES User Fee Wasterwater Collection Wastewater Fee Sept 2019 270001 278,359 EBERT CONSTRUCTION Building General Fixed Asset Account Gr Staring Lake Building remodel 269884 270,699 HEALTHPARTNERS Accounts Receivable Health and Benefits Premiums 09/01/19 - 09/30/19 7268 257,032 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Period ending 08.30.19 269902 254,183 LEAGUE MN CITIES INS TRUST Other Revenue Property Insurance Workers Comp/Property Insurance 7266 175,151 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Period ending 08.16.19 1023556 142,315 XCEL ENERGY Electric Street Lighting Mulit location electric 269896 58,985 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 270057 57,000 STEWART TITLE COMPANY Accounts Receivable Economic Development Fund 269994 37,546 CORRECTIVE ASPHALT MATERIALS LLC Seal Coating Street Maintenance 269967 29,567 ABM ONSITE SERVICES-MIDWEST Tenant 1-Cleaning Supply City Center - CAM 269913 29,385 MIDWAY FORD Autos Fleet - Police 269978 26,697 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store 270043 25,027 R&H PAINTING LLC Other Contracted Services Wasterwater Collection 269929 24,461 PETERSON COMPANIES Other Contracted Services General Fixed Asset Account Gr 7270 23,760 EMPOWER Deferred Compensation Health and Benefits 269942 22,468 SOUTH METRO PUBLIC SAFETY TRAINING FACIL Other Contracted Services Public Safety Training Facilit26984621,868 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie Village Liquor Store 7269 19,906 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 270006 19,200 GRAYMONT Treatment Chemicals Water Treatment26994318,271 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 1023580 17,916 ADVANCED ENGINEERING & ENVIRONMENTAL SE Maintenance Contracts Wastewater Capital 270003 17,809 FLEET MAINTENANCE INC Equipment Repair & Maint Fleet Operating 269848 16,825 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 269847 16,527 BREAKTHRU BEVERAGE MINNESOTA WINE & SPIR Liquor Product Received Prairie Village Liquor Store 269895 16,388 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 269909 15,767 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 269941 15,660 SOCCER SHOTS Instructor Service Preschool Events 269933 14,644 PRAIRIEVIEW RETAIL LLC Other Rentals Prairie View Liquor Store 270081 14,359 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 269879 14,358 GRAYMONT Treatment Chemicals Water Treatment 270015 14,270 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 269932 14,010 PRAIRIE PARTNERS SIX LLP Waste Disposal Prairie Village Liquor Store 269930 12,852 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 269982 12,490 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 270076 12,086 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 1023552 11,917 VTI Other Assets Capital Maint. & Reinvestment 270066 11,895 WARNING LITES Contracted Striping Traffic Signs 269997 11,780 DAVE'S FLOOR SANDING & INSTALLING INC Contract Svcs - General Bldg Dunn Brothers 270018 11,698 KLEIN UNDERGROUND LLC Equipment Repair & Maint Water Distribution 7256 11,555 FURTHER - AKA SELECT HSA - Employee Health and Benefits 270075 10,702 BREAKTHRU BEVERAGE MINNESOTA WINE & SPIR Liquor Product Received Den Road Liquor Store725810,282 I-494 CORRIDOR COMMISSION Payroll-ExecutiveDirector 494 Corridor Commission 1023536 10,150 BIFFS INC Waste Disposal Park Maintenance 7265 9,647 CARD CONNECT Bank and Service Charges Community Center Admin 269894 9,550 J & N WEED HARVESTING INC Maintenance Contracts Stormwater Non-Capital Check #Amount Supplier / Explanation Account Description Business Unit Comments10235939,202 POMP'S TIRE SERVICE INC Tires Fleet Operating 269992 8,849 COMMERCIAL ASPHALT CO Asphalt Overlay Street Maintenance 1023549 8,802 REINDERS INC Chemicals Park Maintenance 270078 8,643 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 1023540 8,634 HANSEN THORP PELLINEN OLSON Other Contracted Services General Fixed Asset Account Gr 1023571 8,245 OUTDOOR ENVIRONMENTS INC Improvement Contracts Improvement Projects 2006 270083 7,585 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 269954 6,462 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 270071 6,262 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 1023591 6,255 METRO SALES INCORPORATED*Other Rentals IT Operating 270034 6,034 NATIONAL MARTIAL ARTS ASSOCIATION, INC Instructor Service Lesson Skills Development 269857 5,769 COMMERCIAL REFRIGERATION SYSTEMS INC Contract Svcs - General Bldg Ice Arena Maintenance 1023547 5,634 METROPOLITAN MECHANICAL CONTRACTORS Contract Svcs - HVAC Ice Arena Maintenance 1023541 5,571 HAWKINS INC Treatment Chemicals Water Treatment 270082 5,283 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 7261 4,995 FURTHER - AKA SELECT HRA Health and Benefits 1023517 4,812 GREENSIDE INC Contract Svcs - Lawn Maint.City Center - CAM 1023543 4,654 JEFFERSON FIRE & SAFETY INC Clothing-Misc.Fire 269840 4,566 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 269983 4,537 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance 270073 4,429 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 1023551 4,300 STREICHERS Clothing & Uniforms Police Sworn 269887 4,280 HP INC Computers Water Treatment 269862 4,250 DERO Capital Under $25,000 FF&E - Furn, Fixtures & Equip.1023582 4,231 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 269971 4,222 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 269886 4,079 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store2699993,983 DEPT OF EMPLOYMENT/ECONOMIC DEVELOPMENT Interest Economic Development Fund 270026 3,976 METERING & TECHNOLOGY SOLUTIONS Repair & Maint. Supplies Water Metering 270002 3,955 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet - Police 270074 3,936 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 270048 3,800 SCHAEFCO DEVELOPMENT LLC Developer Fees Escrow 1023589 3,725 HORIZON COMMERCIAL POOL SUPPLY Chemicals Pool Maintenance 270080 3,700 CASTRO CLEANING LLC Janitor Service Utility Operations - General 1023530 3,636 WENCK ASSOCIATES INC Other Contracted Services Stormwater Non-Capital 270025 3,500 MESSERLI & KRAMER Messerli & Kramer 494 Corridor Commission 1023528 3,406 VAN PAPER COMPANY Cleaning Supplies City Hall (City Cost) 1023587 3,289 GRANICUS INC Software Maintenance IT Operating 7262 3,273 US BANK - CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance 270044 3,265 RADARSIGN LLC Signs Transportation Fund 1023572 3,191 PARK SUPPLY OF AMERICA INC Supplies - Plumbing Maintenance Facility 270033 3,065 NAC Contract Svcs - HVAC Prairie Village Liquor Store 1023550 3,000 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply (Wells) 270007 2,998 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions 269907 2,940 LUBE-TECH & PARTNERS LLC Lubricants & Additives Fleet Operating 269949 2,938 SUBURBAN RATE AUTHORITY Dues & Subscriptions City Council 1023512 2,892 CLAREY'S SAFETY EQUIPMENT Small Tools Fire 269866 2,874 DPC INDUSTRIES INC Treatment Chemicals Water Treatment 269904 2,874 LHB INC Other Contracted Services Sustainable Eden Prairie2700102,782 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 270063 2,773 TRANSPORT GRAPHICS Equipment Repair & Maint Fire 7259 2,750 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits 1023599 2,730 SRF CONSULTING GROUP INC Design & Engineering Improvement Projects 2006 Check #Amount Supplier / Explanation Account Description Business Unit Comments2700792,725 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 269832 2,705 ALLINA HEALTH SYSTEM Training Fire 7260 2,578 PFM ASSET MANAGEMENT LLC Interest Investment Fund 1023531 2,575 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating 269984 2,515 CENTURYLINK Fiber Lease Payments City Center - CAM 269995 2,467 CUMMINS NPOWER LLC Equipment Repair & Maint Fleet Operating 269863 2,448 DIAMONDBACK AUTOMOTIVE ACCESSORIES Autos Fleet - Police 1023511 2,409 CHEMSEARCH Supplies - HVAC City Center - CAM 1023583 2,394 ELECTRIC PUMP Equipment Parts Wastewater Lift Station 1023535 2,331 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 7255 2,291 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits 269928 2,276 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 270068 2,099 WATERISAC Dues & Subscriptions Utility Operations - General 1023538 2,073 GRAINGER Cleaning Supplies Ice Arena Maintenance 269921 2,070 MRPA Conference/Training Parks Administration 1023588 2,062 HANSEN THORP PELLINEN OLSON Design & Engineering Water Capital 269834 2,028 AMERICAN KARATE STUDIO INC Instructor Service Lesson Skills Development 269839 2,000 ARNOLD, SHEILA Other Contracted Services Rehab 1023532 1,986 A-SCAPE INC Contract Svcs - Lawn Maint.Den Bldg. - CAM 269911 1,976 MEDICINE LAKE TOURS Special Event Fees Trips 269877 1,937 GEAR WASH LLC Other Contracted Services Fire 269892 1,908 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 269974 1,907 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store 269993 1,901 CORE & MAIN Equipment Parts Water Distribution2698991,890 KOENIG & SONS EQUIPMENT INC Equipment Repair & Maint Fleet Operating 1023554 1,883 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 269844 1,853 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store2700541,813 STATE OF MINNESOTA Autos Fleet - Police 269867 1,800 DSO ARCHITECTURE INC Other Contracted Services General Fixed Asset Account Gr 269925 1,744 ORGANIX SOLUTIONS Waste Disposal City Hall (City Cost) 270039 1,736 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 270000 1,674 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 269903 1,652 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 269952 1,647 VESSCO INC Equipment Parts Water Treatment 269850 1,631 CEMSTONE PRODUCTS COMPANY Patching Asphalt Stormwater Collection 270021 1,631 LUBE-TECH & PARTNERS LLC Lubricants & Additives Fleet Operating 270040 1,523 PERA Payroll-Program Manager 494 Corridor Commission 1023577 1,503 VAN PAPER COMPANY Direct SuperValu General Community Center 270064 1,500 VALLEY VIEW COOPERATIVE Rebates Stormwater Non-Capital 269861 1,445 DAVEY TREE EXPERT COMPANY, THE Other Contracted Services Tree Removal 269972 1,390 ASPEN MILLS Clothing & Uniforms Police Sworn 270077 1,340 BREAKTHRU BEVERAGE MINNESOTA WINE & SPIR Liquor Product Received Prairie View Liquor Store 269955 1,339 YORKTOWN OFFICES Rent 494 Corridor Commission 1023545 1,328 MENARDS Landscape Materials/Supp Senior Center 7257 1,325 FIDELITY SECURITY LIFE INSURANCE CO Vision Plan Health and Benefits 269853 1,305 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 269924 1,292 OLSEN'S EMBROIDERY/COMPANY Safety Supplies Fleet Operating 1023565 1,288 HIRSHFIELD'S Repair & Maint. Supplies Water Distribution 269880 1,262 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie Village Liquor Store2699501,259 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 269869 1,244 EAU CLAIRE BREWING PROJECT THE LLC Liquor Product Received Prairie View Liquor Store 1023570 1,237 MINNESOTA NATIVE LANDSCAPES Landscape Materials/Supp Park Maintenance 269845 1,235 BLOOMINGTON, CITY OF Other Contracted Services Police Sworn Check #Amount Supplier / Explanation Account Description Business Unit Comments10235201,210 LOWERY, THOMAS Tuition Reimbursement/School Organizational Services 269937 1,200 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal 269831 1,184 ALEX AIR APPARATUS INC Equipment Testing/Cert.Emergency Management 269830 1,165 AIRGAS USA LLC Supplies - Pool Pool Maintenance 1023586 1,129 GRAINGER Supplies - HVAC City Center - CAM 269953 1,110 WATCHGUARD VIDEO Operating Supplies Police Sworn 270067 1,100 WATER CONSERVATION SERVICES INC OCS - Leak Detection Water Distribution 270072 1,097 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 269976 1,053 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 269923 997 NORTHLAND PETROLEUM SERVICE INC Equipment Repair & Maint Fleet Operating 1023602 995 VISTAR CORPORATION Merchandise for Resale Concessions 270042 972 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store 269837 967 APPLIED ECOLOGICAL SERVICES INC Other Contracted Services Park Maintenance 1023578 956 VINOCOPIA Liquor Product Received Den Road Liquor Store 269908 949 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 270016 920 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment 269883 905 GYM WORKS Equipment Repair & Maint Fitness Center 270058 872 STRAND MANUFACTURING CO INC Equipment Parts Water Treatment 269876 860 FOREMOST PROMOTIONS Fire Prevention Supplies Fire 270070 845 BREAKTHRU BEVERAGE MINNESOTA WINE & SPIR Liquor Product Received Prairie Village Liquor Store 270023 838 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store 270084 798 56 BREWING LLC Liquor Product Received Prairie View Liquor Store 270061 779 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 269985 761 CENTURYLINK Telephone Water Treatment269864750DIETHELM, TAMMY L Other Contracted Services Pleasant Hill Cemetery 269918 735 MOBILE RADIO ENGINEERING INC Equipment Repair & Maint Public Safety Communications 1023592 726 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating269938715SIGNATURE MEDIA GROUP INC Seal Coating Street Maintenance 269891 692 INNOVATIVE GRAPHICS Operating Supplies Safety Camp 1023553 691 WATSON CO INC, THE Merchandise for Resale Concessions 269841 682 ASPEN MILLS Clothing & Uniforms Police Sworn 1023603 676 WATSON CO INC, THE Merchandise for Resale Concessions 269890 665 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 269980 652 BRYAN ROCK PRODUCTS INC Landscape Materials/Supp Park Maintenance 269860 650 D H EXCAVATING Other Contracted Services Pleasant Hill Cemetery 269901 627 LAWN RANGER, INC, THE Other Contracted Services Park Maintenance 269935 620 RAINBOW TREECARE Other Contracted Services Park Maintenance 1023590 620 MENARDS Equipment Parts Facilities Staff 270062 610 TMS JOHNSON Supplies - HVAC Fitness/Conference - Cmty Ctr 270060 600 SUPERIOR STRIPING INC Contract Svcs - General Bldg Police (City Cost) 270005 597 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 7267 581 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits 1023559 579 CARLSTON, BRANDON Canine Supplies Police Sworn 269859 574 CORE & MAIN Equipment Parts Water Distribution 270014 564 JEREMIAH JANET Travel Expense Community Development Admin. 270031 555 MNCAR Advertising Den Road Building 7263 553 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 1023518 552 HIRSHFIELD'S Repair & Maint. Supplies Water Treatment 269885 550 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Other Contracted Services Rehab269868538E A SWEEN COMPANY Merchandise for Resale Concessions 1023526 535 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 1023568 530 LUNDGREN, CAROL Travel Expense Engineering 269998 525 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance Check #Amount Supplier / Explanation Account Description Business Unit Comments1023604517WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 1023561 513 EICHMAN NATHAN Motor Fuels Police Sworn 270022 501 MARCO INC Telephone IT Operating 270020 468 LUBE TECH LIQUID RECYCLING Equipment Parts Fleet Operating 269975 468 BIG STATE INDUSTRIAL SUPPLY INC Clothing & Uniforms Wasterwater Collection 270030 462 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 1023585 458 GRAFIX SHOPPE Autos Fleet - Police 1023542 451 J&D WINDOW CLEANING Janitor Service - General Bldg Prairie Village Liquor Store 269973 450 BARTON SAND & GRAVEL CO Waste Blacktop/Concrete Street Maintenance 1023574 445 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 269893 435 INTERTECH INC Contract Development IT Operating 269946 432 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 269919 423 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store 269865 416 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 1023533 415 ASPEN EQUIPMENT CO.Autos Utility Operations - General 270045 412 RANEY, LAURA Rebates Stormwater Non-Capital 269987 400 CHRIS CASTLE INC Website Development 494 Corridor Commission 270035 398 NGUYEN, SINH Rebates Stormwater Non-Capital 1023557 397 BERRY COFFEE COMPANY Merchandise for Resale Concessions 269914 390 MIDWEST AQUA CARE INC Other Contracted Services Round Lake 269851 390 CENTURYLINK Telephone IT Operating 270053 390 STAPLES ADVANTAGE Office Supplies Police Sworn 269849 389 CAPREF EDEN PRAIRIE LLC Building Rental Housing and Community Service 1023546 381 METROPOLITAN AIRPORTS COMMISSION Other Rentals Park Maintenance1023567381LINDAHL, DAVID Travel Expense Economic Development 1023516 371 GETSCHOW, RICK Mileage & Parking Administration 270029 360 MINNESOTA BD OF PEACE OFFICER STANDARDS Dues & Subscriptions Police Sworn1023509354AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Prairie View Liquor Store 269900 350 LARSON, BARB Burial & Marker Fees Pleasant Hill Cemetery 269947 349 STORM TRAINING GROUP Tuition Reimbursement/School Police Sworn 1023521 345 METROPOLITAN FORD Autos Fleet - Police 1023544 342 KUSTOM SIGNALS INC Equipment Repair & Maint Police Sworn 269874 340 ERICKSON ENGINEERING COMPANY LLC Design & Engineering Engineering 269936 340 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie Village Liquor Store 1023529 338 VINOCOPIA Liquor Product Received Den Road Liquor Store 270008 335 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn 1023575 335 SITEONE LANDSCAPE SUPPLY, LLC Operating Supplies Park Maintenance 1023605 326 XCEL ENERGY Electric Forest Hills Park 1023566 321 JOHNSTONE SUPPLY Supplies - HVAC Ice Arena Maintenance 1023537 314 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 1023515 304 FASTENAL COMPANY Signs Fleet Operating 1023539 292 H M CRAGG CO Contract Svcs - Fire/Life/Safe Fire Station #4 269939 291 SIGNSOURCE Printing Theatre Initiative 269852 285 CITY OF SAINT PAUL Tuition Reimbursement/School Police Sworn 269826 277 M-R SIGN CO INC Signs Traffic Signs 269944 275 STAPLES ADVANTAGE Office Supplies Utility Operations - General 269882 272 GS DIRECT Operating Supplies Engineering 269858 266 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits 270013 265 J H LARSON COMPANY Operating Supplies Park Acquisition & Development1023600262TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 1023514 255 ERICKSON QUENTIN Mileage & Parking Park Facilities 270059 254 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 269906 252 LUBE TECH LIQUID RECYCLING Equipment Parts Fleet Operating Check #Amount Supplier / Explanation Account Description Business Unit Comments269875250FIRE SAFETY USA INC Equipment Parts Fleet Operating 269968 249 ABRA AUTO BODY & GLASS Equipment Parts Fleet Operating 270004 248 GITCH GEAR LLC Liquor Product Received Den Road Liquor Store 269988 238 CINTAS Operating Supplies Park Maintenance 269927 235 PAPCO INC Janitor Service General Community Center 269878 233 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 1023562 232 FASTENAL COMPANY Operating Supplies Fleet Operating 269889 226 INBOUND BREW CO Liquor Product Received Den Road Liquor Store 269934 224 PROP - PR Charitable Contributions Health and Benefits 1023525 219 R & R SPECIALTIES OF WISCONSIN INC Repair & Maint - Ice Rink Ice Arena Maintenance 269897 213 JUNKYARD BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 270056 213 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 269873 206 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating 269835 204 AMERICAN PRESSURE INC Contract Svcs - General Bldg Maintenance Facility 269986 200 CHASE, ELI Mileage & Parking Park Facilities 270012 196 INSTY-PRINTS Printing Fire 1023527 196 SITEONE LANDSCAPE SUPPLY, LLC Landscape Materials/Supp Street Maintenance 270037 194 OLSEN'S EMBROIDERY/COMPANY Clothing & Uniforms Tree Disease 1023523 193 PARKER, WARD Training Supplies Police Sworn 1023555 189 WM MUELLER AND SONS INC Landscape Materials/Supp Capital Maint. & Reinvestment 270011 188 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store 1023579 174 WSB & ASSOCIATES INC Testing General Fixed Asset Account Gr 1023564 173 HALLOCK COMPANY INC Repair & Maint. Supplies Park Maintenance 1023519 172 JOHNSTONE SUPPLY Supplies - HVAC Fitness/Conference - Cmty Ctr269977172BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 269981 171 BUSINESS ESSENTIALS Office Supplies Utility Operations - General 1023598 168 SPS COMPANIES Repair & Maint. Supplies Miller Park1023573165QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1023524 162 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 269966 160 ABM EQUIPMENT AND SUPPLY COMPANY Lubricants & Additives Fleet Operating 1023510 156 BLOOMINGTON SECURITY SOLUTIONS Supplies - Security General Community Center 270032 155 MOST DEPENDABLE FOUNTAINS Repair & Maint. Supplies Park Maintenance 269898 150 KAISER, DAVID S Safety Supplies Arts Center 269996 150 DALCO Equipment Repair & Maint Fleet Operating 1023576 147 STEWART SHAY Mileage & Parking Park Facilities 269905 145 LIND, LILLIAN Building Permits General Fund 269829 135 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 269948 130 SUBURBAN CHEVROLET Equipment Repair & Maint Fleet Operating 269833 129 ALTEC INDUSTRIES INC Landscape Materials/Supp Street Maintenance 269827 128 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store 269940 127 SIGNSOURCE Printing Special Events Admin 1023534 125 ASPEN WASTE SYSTEMS INC.Waste Disposal Maintenance Facility 270065 121 VERIZON WIRELESS Telephone E-911 Program 270036 120 OFFICE OF THE SECRETARY OF STATE Dues & Subscriptions Engineering 270046 118 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 1023522 117 MITTELSTADT, SCOTT Clothing & Uniforms Police Sworn 270052 115 ST. LOUIS PARK, CITY OF Clothing & Uniforms Police Sworn 1023581 103 A-SCAPE INC Contract Svcs - Lawn Maint.Fire Station #3 270024 102 MEREDITH KATE Outreach Mileage/Parking 494 Corridor Commission269855101COMCASTCable TV Fire 269926 101 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 269916 100 MINNESOTA DEPT OF LABOR AND INDUSTRY Licenses, Taxes, Fees Maintenance Facility 1023584 98 FACTORY MOTOR PARTS COMPANY Equipment Parts Fleet Operating Check #Amount Supplier / Explanation Account Description Business Unit Comments27005195ST FRANCIS VETERINARY CLINIC Canine Supplies Police Sworn 269990 94 COMCAST Internet IT Operating 1023596 92 SHI CORP Software IT Operating 269838 85 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services 1023508 85 ADAMS PEST CONTROL INC Contract Svcs - Pest Control Senior Center 269969 85 ALEX AIR APPARATUS INC Equipment Repair & Maint Emergency Management 1023569 82 MILLENDER LARRY Mileage & Parking Pool Operations 269828 80 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1023513 79 COX, KIM Operating Supplies - Food Fire 269931 72 PK BLOODY MARY CORP Liquor Product Received Den Road Liquor Store 269836 71 ANTONOVICH, HEATHER Tuition Reimbursement/School Fitness Classes 269881 68 GROTH MUSIC Operating Supplies Community Band 270038 68 OPHOVEN SAW SERVICE Equipment Repair & Maint Senior Center Programs 269856 67 COMCAST Cable TV Fire 269888 65 IGAL AYAN P&R Refunds Community Center Admin 269922 64 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits 1023594 63 PRIORITY COURIER EXPERTS Equipment Parts Fleet Operating 1023595 62 RAY ALLEN MANUFACTURING CO INC Canine Supplies Police Sworn 269951 58 UNITED WAY Charitable Contributions Health and Benefits 269854 52 COMCAST Internet IT Operating 269920 52 MPPOA Dues & Subscriptions Police Sworn 270047 52 ROCKEY, JOSH Mileage & Parking Senior Center Admin 269917 52 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 269915 50 MINNESOTA BOARD OF SOCIAL WORK Other Contracted Services Housing and Community Service26987147EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 269872 47 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 269991 45 COMCAST Cable TV Fire102355844BOSACKER MIKE Mileage & Parking Police Sworn 269870 42 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits 269945 42 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 270019 37 LANO EQUIPMENT INC Equipment Parts Fleet Operating 269842 35 BARKLIND, KEN Tuition Reimbursement/School Fitness Classes 269970 30 ANDERSON, ANNA Mileage & Parking Engineering 1023597 28 SPRINT Cell/Pager Plans IT Operating 269989 27 COMCAST Other Contracted Services Police Sworn 270049 25 SENTHILKUMAR, PRIYA Mileage & Parking Engineering 1023560 25 CEDENO, LAURA Tuition Reimbursement/School Fitness Classes 269843 23 BASAVAGE, ERIN Tuition Reimbursement/School Fitness Classes 269910 23 MCCARTY HERRON, TERESA Tuition Reimbursement/School Fitness Classes 270055 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 1023563 20 GOERGEN, MARIE Tuition Reimbursement/School Fitness Classes 7264 17 SQUARE Bank and Service Charges Community Center Admin 1023601 16 UPS Postage Community Development Admin. 1023548 9 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 270009 8 HOFFMANN, CINDY Mileage & Parking Engineering7,690,632 Grand Total