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HomeMy WebLinkAboutCity Council - 08/07/2007 AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, AUGUST 7, 2007 5:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad, and Kathy Nelson CITY STAFF: City Manager Scott Neal, Parks &Recreation Director Jay Lotthammer, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, JULY 17, 2007 B. CITY COUNCIL MEETING HELD TUESDAY,JULY 17, 2007 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. REVIEW OF SECURITY AT FLYING CLOUD AIRPORT VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE UTILITY MAPPING SERVICES AGREEMENT WITH HTPO, INC.,I.C. 07-5703 C. ADOPT RESOLUTION AWARDING CONTRACT FOR PIONEER TRAIL STORM SEWER IMPROVEMENTS TO KUSSKE CONSTRUCTION COMPANY,I.C. 07-5701 D. APPROVE "CONSENT TO REPLACE WETLAND"AND OTHER DOCUMENTS ASSOCIATED WITH WETLAND IMPACTS AND MITIGATION ON THE VALLEY VIEW ROAD RECONSTRUCTION PROJECT, I.C. 02-5586 CITY COUNCIL AGENDA August 7, 2007 Page 3 XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. Budget Advisory Commission Process Update C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR 1. Dunne Bros./Smith-Douglas-More Property 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 CITY COUNCIL AGENDA August 7, 2007 Page 2 E. APPROVE RIGHT OF ENTRY AND MAINTENANCE AGREEMENTS FOR TECHNOLOGY DRIVE STREETSCAPE IMPROVEMENTS, I.C. 075691 F. APPROVE AGREEMENT WITH SRF FOR COMPLETION OF FEASIBILITY STUDIES FOR STABILIZATION AND RESTORATION OF FOUR EROSION SITES WITHIN THE LOWER MINNESOTA RIVER WATERSHED DISTRICT,I.C. 07-5698 G. APPROVE AGREEMENT WITH HTPO INC. AND PRAIRIE RESTORATIONS FOR COMPLETION OF WETLAND MITIGATION REQUIREMENTS FOR CITY-OWNED OUTLOT IN PONDS EDGE DEVELOPMENT, I.C. H. AWARD CONTRACT TO IMPERIAL DEVELOPERS FOR CONSTRUCTION OF COUNTY ROAD 4 BIKE TRAIL I. ADOPT RESOLUTION AUTHORIZING EXECUTION OF THE HENNEPIN COUNTY JUSTICE INTEGRATION SUBSCRIBER AGREEMENT J. APPROVE PROFESSIONAL SERVICES AGREEMENTS WITH ADVANCED ENGINEERS AND ENVIRONMENTAL SERVICES (AE2S)TO PERFORM 2-YEAR DIGITAL DISTRIBUTION SYSTEM MODEL OF THE EDEN PRAIRIE WATER SYSTEM K. AWARD CONTRACTS FOR THE COMMUNITY CENTER INTERIOR ARCHITECTURAL WOODWORK AND THE SPORTS/WOOD FLOOR L. APPROVE ASSIGNMENT OF CONTRACTS FOR COMMUNITY CENTER CONSTRUCTION TO RJM CONSTRUCTION M. APPROVE CONSENT OF ASSIGNMENT OF CONTRACT WITH HENNEPIN COUNTY, SCHOOL DISTRICT 272 AND CITY OF EDEN PRAIRIE RELATING TO ELECTION EQUIPMENT IX. PUBLIC HEARINGS /MEETINGS A. VACATION OF THE PUBLIC RIGHT-OF-WAY EASEMENT OVER PART OF CANTERBURY LANE,VACATION 07-05 (Resolution) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN FORUM/OPEN PODIUM TUESDAY, JULY 17, 2007 CITY CENTER 5:00—6:25 PM, HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad, and Kathy Nelson CITY STAFF: City Manager Scott Neal, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Eugene Dietz, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. EXTERIOR MAINTENANCE CODE AND RENTAL HOUSING INSPECTION PROGRAM A. Property Maintenance Code Building Inspector Kevin Schmieg presented a PowerPoint update on property maintenance codes. He said the City has proactively developed its property codes to decrease the risk of blight and maintain property values. Schmieg said 25 years is the age at which buildings begin to rapidly deteriorate without proper maintenance, and the average age of Eden Prairie's single family home is over 20 years. The exterior building maintenance code requires maintenance of buildings, fences and other structures so that their physical condition does not detract from the surrounding neighborhood. Schmieg said there are different types of violators, from procrastinators to those who do not have the ability (financially and/or mentally) to make repairs. Schmieg said violators are identified on a complaint basis; however, many referrals are made by staff members who come into contact with problems during the course of other City-related work. Once an issue is identified, an order is issues and owners are informed of available assistance programs and are given reasonable time to make repairs. Citations are issued to those who ignore correction orders. Schmieg said the City receives approximately 20 requests per year, 10 of which involved items covered by the exterior maintenance code. Schmieg said he plans to set up an interdepartmental triage process for property maintenance issues by the end of 2007. Schmieg said he has received complaints about ongoing siding projects or dumpsters that have been in place for over a year. He said technically neither is in violation of the current city code,but more stringent regulations could be incorporated into the code. Mayor Young said he agrees with concerns about long term placement of dumpsters and ongoing siding projects. Rental Housing Program Fire Inspector Rick Hammerschmidt presented a PowerPoint overview of the Rental Housing Inspection Program. This is a new program that was implemented in July 2006. The goals of the program include visiting every rental complex once a year and inspecting every rental unit every four years. The first step of the program involved identifying rental properties. There are an estimated 500 single family rental dwelling, of which approximately 100 have been identified. Multi-family dwelling units were estimated, and 5,346 have been identified. After rental property occupancies were entered into a database, rental codes, license applications and billing statements were mailed out. Property managers were contacted to set up inspections. The first inspections were conducted in July 2006. A total of 932 inspections were completed in 2006 and 469 units have been conducted to-date in 2007. Five hundred code violations were identified and corrected in 2006 and approximately 100 to-date in 2007. Common violations include: • Poorly discarded cigarettes and ashes • Disconnected or non-operating smoke detectors • Rated fire doors that were not self-closing and/or latching • Barbeque grills on apartment balconies • Electrical extension cords, splitters and holiday lighting • Candles and incense on combustible surfaces • Improperly stored flammable liquids • Emergency lights and exit signs not working • Excess storage • Blocked or cluttered exits • Items hanging on or blocking sprinkler heads In 2006 five units were condemned for occupancy due to conditions found. Two units have been condemned for occupancy so far in 2007. In 2006, two tenants requested assistance due to rental unit conditions, and there have been no requests for assistance so far this year. Council Member Aho asked how long an inspection takes. Hammerschmidt said common areas are inspected first, then he moves on to individual units. An average inspection takes five to 10 minutes for a unit without any serious problems. Mayor Young asked how property owners have reacted to the program. Hammerschmidt said the reaction has generally been positive. He has not heard any negative comments about the program. Young asked how single family rentals are identified. Schmieg said staff is still working on identifying single family rentals. There will be an informational mailing to homes that are not homesteaded and where the property owner has a different address. Council Chamber II. OPEN FORUM No one spoke at Open Forum. III. OPEN PODIUM No one requested to speak at Open Podium IV. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, JULY 17, 2007 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad and Kathy Nelson CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Jay Lotthammer, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Young called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Butcher added an item under XIV.A. REPORTS OF COUNCILMEMBERS. MOTION: Aho moved, seconded by Nelson, to approve the agenda as published and amended. Motion carried 5-0. VI. MINUTES A. SPECIAL AIRPORT WORKSHOP HELD MONDAY,JUNE 11, 2007 MOTION: Nelson moved, seconded by Aho, to approve the minutes of the Special Airport Workshop held Monday, June 11, 2007, as published. Motion carried 5-0. B. COUNCIL WORKSHOP HELD TUESDAY, JUNE 19, 2007 MOTION: Aho moved, seconded by Nelson, to approve the minutes of the Council Workshop held Tuesday, June 19, 2007, as published. Motion carried 5-0. C. CITY COUNCIL MEETING HELD TUESDAY,JUNE 19, 2007 MOTION: Duckstad moved, seconded by Aho, to approve the minutes of the City Council Meeting held Tuesday, June 19, 2007, as published. Motion carried 5-0. CITY COUNCIL MINUTES July 17,2007 Page 2 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. CONSERVATION COMMISSION Leslie Stovring, Environmental Coordinator and Staff Liaison, introduced the Chair of the Conservation Commission, Eapen Chacko. Chacko said the Commission held their first meeting in April 2006. He reviewed the Commission's Charter, noting they have done some work on the Green Building Code and had a presentation from City staff about the 20-40-15 program. He said they have examined recycling and municipal solid waste issues and did something in the area of air pollution. He said they have struggled with the objective about promoting health for citizens by encouraging a community designed for walking, exercise and recreation, which seems to overlap with objectives for the Parks and Natural Resources Commission. They have done some things with greenhouse gas reduction and have added that item to their Work Plan. Chacko reviewed the accomplishments of the Commission which included facilitating a grant to the School District from Clean Air Minnesota/Green Fleet to retrofit buses to a clean diesel technology. The Commission has been successful in getting some of the conservation-related issues publicized in several publications. Some of the Commissioners have been active in developing relationships with local community groups such as Pax Christi and St. Andrew's Lutheran Church. The Commission supported a number of volunteer activities including the Environmental Fair, Clean Up Day, and a native landscaping seminar. They started the Commendation for Conservation program where individuals can nominate citizens or businesses in the area for commendations. Chacko said they have reviewed some of the on-going activities in Ms Stovring's area including the Stormwater Pollution Prevention Plan, Goose Management Plan, Wellhead Protection Plan, and the 20-40-15 Program. The Commission contributed to the Prospect Road Alternative Analysis and Environmental Assessment Worksheet by collecting a number of varied opinions and putting them into one document that was useful in facilitating the dialogue. Chacko said the Commission will be participating in the National Change-A-Light campaign this fall and are looking for a way the City can be a sponsor. They will meet with the Chamber of Commerce to plan a workshop on Green Building and Conservation Design. They will offer a Green Lawn Care workshop in the fall as a follow-up to the native landscaping seminar. They are exploring a grant program for raingardens and shoreland restoration. They will do an educational session for Commission members on the Green Building Code. Butcher said she was very impressed with all of the things the Commission has accomplished and thanked them for their hard work. CITY COUNCIL MINUTES July 17,2007 Page 3 VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. LIFE CHURCH Second Reading of Ordinance 17-2007-PUD-5-2007 for the Planned Unit Development District Review on 7.96 acres, Zoning District Amendment within the Public Zoning District on 7.96 acres, Resolution 2007-75 for the Site Plan Review on 7.96 acres. Location: 14100 Valley View Road. (Ordinance No. 17-2007-PUD-5-2007 for PUD District Review and Zoning District Amendment; Resolution No. 2007-75 for Site Plan Review) C. LARIAT CENTER—APPLEBEE'S Second Reading of Ordinance 20-2007- PUD-8-2007 for the Planned Unit Development District Review on 5.85 acres and Zoning District Amendment in the Commercial Regional Service District on 5.85 acres and Resolution 2007-76 for Site Plan Review on 5.85 acres. Location: Prairie Center Drive & Joiner Way. (Ordinance No. 20-2007-PUD-8-2007 for PUD District Review and Zoning District Amendment; Resolution No. 2007-76 for Site Plan Review) D. LARIAT CENTER III ADDITION Second Reading of Ordinance 19-2007- PUD-7-2007 for the Planned Unit Development District Review on 3.96 acres, and Zoning District Amendment within the Commercial Regional Service Zoning District on 3.96 acres, Resolution 2007-77 for Site Plan Review on 3.96 acres. Location: Prairie Center Drive & Crystal View Road. (Ordinance No. 19-2007- PUD-7-2007 for PUD District Review and Zoning District Amendment; Resolution No. 2007-77 for Site Plan Review) E. WILSON RIDGE OFFICE BUILDING Second Reading of Ordinance 18-2007- PUD-6-2007 for Planned Unit Development District Review on 6.89 acres and Zoning District Amendment in the Office Zoning District on 6.89 acres, Resolution 2007-78 for Site Plan Review on 6.89 acres Location: 7480 Flying Cloud Drive. (Ordinance No. 18-2007-PUD-6-2007 for PUD District Review and Zoning District Amendment; Resolution No. 2007-78 for Site Plan Review) F. ADOPT RESOLUTION NO. 2007-79 APPROVING FINAL PLAT OF WILSON RIDGE 4TH ADDITION G. APPROVE CHANGE ORDER NO. 2 FOR HILLTOP ROAD IMPROVEMENT PROJECT, I.C. 05-5642 H. APPROVE RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT AND AMENDED SPECIAL ASSESSMENT AGREEMENT (LOTS 1 AND 2,BLOCK 1 HORIZON 2ND ADDITION) I. ADOPT RESOLUTION NO. 2007-80 SUPPORTING APPLICATION FOR BONDING BILL FUNDING J. DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS CITY COUNCIL MINUTES July 17,2007 Page 4 K. APPROVE 2008 & 2009 AUDIT SERVICES FROM MALLOY, MONTAGUE,KARNOWSKI,RADOSEVICH, & CO. P.A. MOTION: Duckstad moved, seconded by Aho, to approve Items A-K of the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. VACATION OF PART OF THE DRAINAGE AND UTILITY EASEMENT OVER LOT 1, BLOCK 1, REUTER(VACATION 07-01) (Resolution 2007-81) Neal said official notice of this public hearing was published in the June 28, 2007, Eden Prairie Sun Current and sent to two property owners. He said the property owner, Southwest Metro Transit, has requested the vacation of part of the drainage and utility easement to facilitate the construction of a bus garage expansion. The easement was originally dedicated in conjunction with platting of the subdivision. The lot was granted a variance allowing construction of buildings within 5 feet of the lot line,but the property has a drainage and utility easement of 10 feet along the lot line. The vacation will allow for a larger garage addition and will not result in conflicts with installed utilities. There were no comments from the audience. MOTION: Aho moved, seconded by Nelson, to close the Public Hearing; and to adopt Resolution No. 2007-81 vacating part of the drainage and utility easement over Lot 1, Block 1, Reuter Addition. Motion carried 5-0. B. VACATION OF DRAINAGE AND UTILITY EASEMENT WITHIN WHISPERING RIDGE SUBDEVELOPMENT (VACATION 07-04) (Resolution No. 2007-82) Neal said official notice of this public hearing was published in the June 28, 2007, Eden Prairie Sun Current and sent to three property owners. He said the property owners have requested the vacation of the drainage and utility easement to facilitate the development of the Whispering Ridge project approved by Council on April 17, 2007. The drainage and utility easement was originally dedicated to cover a sanitary sewer line serving an existing home. The sanitary sewer line has been removed to allow redevelopment of the lot and the existing home is being served by a new public sanitary sewer line covered by a new easement. There were no comments from the audience. MOTION: Nelson moved, seconded by Butcher, to close the Public Hearing; and to adopt Resolution 2007-82 vacating the drainage and utility easement which was filed with the County Recorder of Hennepin County, State of Minnesota on December 17, 2002 as Document Number 3647452. Motion carried 5-0. CITY COUNCIL MINUTES July 17,2007 Page 5 X. PAYMENT OF CLAIMS MOTION: Duckstad moved, seconded by Butcher, to approve the Payment of Claims as submitted. The motion was approved on a roll call vote,with Aho,Butcher, Duckstad, Nelson and Young voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. STUDENTS ON COMMISSIONS Neal said Mike Barone, Assistant to the City Manager, manages the Students on Commission program. Mr. Barone does the marketing, education, recruitment and coordinates the selection process. He meets with the liaisons for the Boards and Commissions to review and discuss the applications, and their recommendations are before the Council tonight. Young asked if this requires separate motions or one motion. Neal replied we have had separate motions in the past. City Attorney Rosow said either was acceptable. Young said he would prefer separate motions. MOTION: Duckstad moved, seconded by Butcher, to appoint Frank Bi and Jessie Shook to the Fall class; Nicole Garbowicz and Katy Johnson to the Winter/Spring class; and Amber Meyer to both Fall &Winter/Spring classes for the Arts and Culture Commission during the 2007—2008 calendar year for the Students on Commission program. Motion carried 5-0. MOTION: Butcher moved, seconded by Nelson, to appoint Marie Loeffelholz to the Fall class; Vallari Ajgaonkar to the Winter/Spring class, and Ann Wachutka and James Maslyn to both the Fall & Winter/Spring classes for the Conservation Commission during the 2007—2008 calendar year for the Students on Commission program. Motion carried 5-0. MOTION: Young moved, seconded by Butcher, to appoint Megan Clark to the Fall class; Claire Lukens and Mark Muston to the Winter/Spring class; and Alexandra Shea to both the Fall & Winter/Spring classes for the Heritage Preservation Commission during the 2007—2008 calendar year for the Students on Commission program. Motion carried 5-0. MOTION: Aho moved, seconded by Duckstad, to appoint Jacqueline Clevette to the Fall class; Laura Hoffman to the Winter/Spring class; and Nelum Madanayake and Kevin Kamer to both the Fall & Winter/Spring classes for the Human Rights and Diversity Commission during the 2007—2008 calendar year for the Students on Commission program. Motion carried 5-0. CITY COUNCIL MINUTES July 17,2007 Page 6 MOTION: Nelson moved, seconded by Butcher, to appoint John Ostendorf to the Fall class; Laurel Pederson to the Winter/Spring class; and Steven Shonts and Margaret Krause to both the Fall & Winter/Spring classes for the Parks, Recreation, and Natural Resources Commission during the 2007—2008 calendar year for the Students on Commission program. Motion carried 5-0. B. CONSERVATION COMMISSION Neal said David Seymour resigned from the Conservation Commission due to changes in his work. After giving some consideration to the Council's previous deliberations on the potential appointees for this commission, staff is prepared to recommend Mr. Sean Katof be appointed to fill that vacancy. Mr. Katof has a very strong academic background and a strong interest in the subject matter. He has indicated he has the time to serve and the desire to be appointed. Young asked if there were other applicants that were not appointed during the process earlier this year. Neal said there may have been as many as three other applicants interested in the commission. Young asked if we made an effort to gauge the interest of those applicants. Neal said we were able to contact one of the three applicants. That applicant was able to come to a Commission meeting,but was not able to make a full commitment based on time. MOTION: Butcher moved, seconded by Nelson, to appoint Mr. Sean Katof to the Conservation Commission to an unexpired term that ends on March 31, 2009. Motion carried 5-0. C. COMMUNITY ADVISORY COMMITTEE FOR THE SOUTHWEST TRANSITWAY Neal said this item is to consider appointments to the Community Advisory Committee (CAC) for the Southwest LRT Transitway project. At the final Council meeting in June, staff proposed making a couple of appointments to this committee. The Council asked staff to go back and do some additional marketing and recruitment for the committee. He noted the CAC is a sub-unit of Hennepin County's Southwest LRT project. The purpose of the committee is to begin some dialogue about station design and station placement. In that regard, the County has recommended that we consider certain qualifications of persons we might want to appoint to the Commission, such as appointing persons who live in or near or have some measure of contact or control over sites where the new transit stations are planned to be. Staff has identified a number of individuals that fit the County's qualifications. Young understood they wanted the representatives to come from the possible transit locations and were not so much interested in representatives from the Council or the commissions. He asked how staff went about recommending these people and the possible stations they would relate to. Neal said the committee will be focused on the details of where the stations should be, what the station design should be, and how they should fit into the existing property. Neal reviewed the list of individuals recommended and described how they fit the criteria. He noted that CITY COUNCIL MINUTES July 17,2007 Page 7 Councilmember Nelson indicated earlier it was her intent to be withdrawn from consideration. Nelson said she was interested in serving only if we wanted to have a Council representative on the committee. Young said he agreed having representatives close to the stations is the best so he thought the only decision left would be between the two Planning Commission members. He said his preference would be to appoint Mr. Powell because he thought Ms Koenig's term expires next year and Mr. Powell would likely have a longer tenure on the Commission. Nelson agreed with that. MOTION: Aho moved, seconded by Nelson, to approve appointment of Denny Spalla, Rick Weiblen, Stephanie Peterson, John Brill, Frank Powell, and Jill Noack as members of the Community Advisory Committee for the Southwest Transitway. Motion carried 5-0. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Butcher- Landowner on Pioneer Trail Butcher said during the Open Podium time at the last Council meeting a landowner, Mr. Sjostrand, who owns on a farm on Pioneer Trail expressed concern that his farm was earmarked to be a sediment pond due to the intention of the County to expand Pioneer Trail thereby causing his farm to not be livable. She said the owner of the farm has continued to communicate with her on the issue. She thought there was another location considered for the sediment pond in the past, so there must be some reason why this new location was identified to replace the previous one. Butcher asked if there are other possible locations for the sediment pond and if there are requirements for an Environmental Assessment Worksheet (EAW) on that property because of the proximity to an historic site, the large number of nearby burial sites, and as other potential environmental issues. She asked if this is an eminent domain question. Dietz said there are always choices, but it is an eminent domain type of question. The Environmental Protection Agency(EPA) through the State of Minnesota mandates having a water quality pond in order to build a road. The size proposed is larger than it once was so the location became more problematic. We could not condemn Metropolitan Airport Commission (MAC)property so we explored other parcels. At one time we considered park property but that is Land& Water Conservation(LAWCON)property and would require tree removal to accommodate the current size of the pond. He said there is a cost factor in looking at additional property because they are looking at something around three acres. The Sjostrand property is a little over three acres, and it is not homestead property. The property to the west of the Sjostrand property is homesteaded, and we would have to CITY COUNCIL MINUTES July 17,2007 Page 8 acquire four-six homesteaded properties to the west compared to the size of the Sjostrand property. Staff's recommendation is that this is the best choice. Butcher asked if there would be no MAC land that could be used. Dietz replied we would have to condemn the property, and MAC would not agree to that because they do not like bodies of water on their property. Aho asked if we have asked MAC about it. Dietz said he did not know if we have asked them. There have been joint meetings with MAC and the pond needs to be adjacent to the corridor so there are limited possibilities on MAC property. Young asked if there are really any true options with regard to the MAC property. Dietz said it is not a practical solution to put the pond on MAC property. Young asked if we, the City, are condemning the property. Dietz said we are not but we will pay half the cost of the project along with the County. He said we looked at the Leuer and Moen site at the northwest corner of Flying Cloud Drive and Pioneer Trail, but that is under construction and is not a good option. It is a matter of money,practicality and location. Butcher asked the cost differential between the land being developed on the corner and the Sjostrand's property. Dietz said the assessed value of the Sjostrand property is $500,000 for the three acres. The question involved in a condemnation is the highest and best use, so he didn't know what the true value is. He noted the Leuer and Moen property was sold by the square foot, not by acres, and a 150,000 square foot facility is being built on it. Aho asked if the park property would have to be removed from LAWCON if the pond were put there on park property. Dietz said the only possible spot on the park property was the Frisbee golf location, but that would require taking a lot of oak trees in order to make it work. He said the recommendation was made only after a lot of effort from County and City staff. B. REPORT OF CITY MANAGER 1. Plans for the August 7 Council Meeting Neal said this was a reminder to the Council and viewers that the plan for the next meeting is to meet at 5:00 PM, finish around 6:00 PM and then Council Members will attend National Night Out events. The meeting will be telecast at 5:00 PM, and there will not be a workshop. C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR CITY COUNCIL MINUTES July 17,2007 Page 9 1. Water Conservation Dietz said there are two reasons for watering restrictions: it is the environmentally responsible thing to do as stewards of a relatively modest resource; and, from a practical standpoint, it is about what we can provide our customers. Our base water use in winter months is six million gallons a day, but on some days in May we pumped 18 million gallons. He said we seem to go in nine-ten year cycles with a spike occurring every nine or ten years. Since June 8, we have been running at capacity. Dietz said the odd/even system means everyone takes a turn, and then we can manage the system. There are a number of people who are not willing to take their turn. He said we cannot meet this kind of demand. Doubling our current capacity would take about $40-50 million and that amount would be spent just to water grass. He said it is all about taking turns. He thought newer suburbs have a greater problem with this because there is no tree canopy and people have a huge investment in landscaping and irrigation systems. Dietz reviewed some common misconceptions, noting that fees, not taxes, pay for water and sewer. The City is not in control because the DNR gives us an appropriation permit that tells us how much we can pump. He said there is a common misconception that lawns will die because of not being watered for two days. About 1100 tickets have been issued, 200 of which have been rescinded for a variety of reasons. There were 186 of the total violations that were for addresses with multiple violations. Young asked if the restrictions cover the golf courses in town. Dietz said each of the golf courses has its own well. The High School and Middle School have their own wells as do some apartment complexes and businesses. Aho asked if we have enough capacity in the current plant to cover all of the future development. Dietz said the plant is designed to handle 28 million gallons per day. To reach that capacity we will have to add several wells, and those are in the Capital Improvement budget. He said the update to the Comprehensive Guide Plan will show we are anticipating the addition of about 12,000 more people and that will bring us to about 77,000 in total population. He said we have just about leveled out during the winter at six million gallons per day. He thought in the last five years results from some of our conservation techniques are becoming obvious because we have had some growth but have stayed level in use. We have a program where we give rebates to people who purchase low water use appliances. We gave out about$12,000 per year in that program for the last four or five years. He thought our conservation program is becoming responsible, but the water used for irrigation causes the problems. CITY COUNCIL MINUTES July 17,2007 Page 10 Butcher asked about the amount of water we must keep daily for fire safety. Dietz said it is a matter of both water and pressure. He said staff will be bringing a request to the Council for a study by a consultant to evaluate our system. We need to fix some nuances in the operational process. As a rule of thumb we should probably have our average day in storage. If we had a major situation, we would go live with a requirement to shut off all the irrigation systems. Butcher thought that was one of the major reasons to have our conservation system, and people don't think about the need for pressure along with the water. Dietz thought we can do better and all it takes is obeying the rules. Nelson asked if we have considered any middle of the night restrictions similar to those during the day. Dietz said the rationale for the noon-5 PM ban is that it is the worst time to water, while 3:00 AM is considered the best time. We may have to think about doing that,but it wouldn't be the first choice because it would be very difficult to enforce. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Aho moved, seconded by Nelson, to adjourn the meeting. Motion carried 5- 0. Mayor Young adjourned the meeting at 8:35 p.m. CITY COUNCIL AGENDA DATE: August 7, 2007 SECTION: Reports of Advisory Boards and Commissions DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.A. Community Review of Security at Flying Cloud Development/Planning Airport Janet Jeremiah Scott A. Kipp Synopsis The Flying Cloud Airport Advisory Commission has completed a report evaluating the current security at the Flying Cloud Airport to determine if any additional security efforts are warranted. As part of this review, the Commission examined various federal, state, and local documents and heard from representatives from the Transportation Security Administration, Metropolitan Airports Commission, Eden Prairie Police and Fire. The unanimous opinion of these professionals was that Flying Cloud continues to be a leader in the U.S. in security-related preparations. None of the testifiers pointed to a flaw or gap they saw that warranted correction. The primarily focus should be on continuing to strengthen the "Community Watch"by airport businesses and tenants. Background On February 20, 2007, the City Council directed the Flying Cloud Airport Advisory Commission to review existing security at the Flying Cloud Airport and to determine if any additional efforts on airport security should be made. Working with then U.S. Attorney Tom Heffelfinger, the Metropolitan Airports Commission in 2004 developed the nation's first general aviation airport security plan and was used as a template for the Transportation Security Administration's own general aviation security guidelines. Flying Cloud Airport Advisory Commission Recommendations 1. MAC should update the Flying Cloud Airport Security Guide for any new information, and consistency with TSA and distribute to all airport businesses. 2. Security investment should focus on continued efforts to strengthen the "Community Watch" by airport businesses and tenants. 3. A current and updated contact person list should be made continually available for the TSA. 4. Provide a 24 hour airport contact person to local police. City Council Agenda—Reports of Advisory Boards and Commissions Review of Security at Flying Cloud Airport August 7, 2007 5. A handbook on defining suspicious activity should be available to all airport businesses and tenants. 6. Develop website links to MAC, TSA, AOPA, PER and others for information on awareness training. 7. Airport signage should be reviewed and updated as appropriate, including "911"to airport community watch advisory or security signs. 8. MAC should coordinate the business owners and operators at the airport with the Eden Prairie Police Partnership for Emergency Readiness program(PER). 9. MAC should evaluate security lighting to determine if more lighting at all gate entrances is needed, and evaluate efforts for reasonably unobstructed views into airport property. 10. MAC should coordinate with the city to install sewer and water to the airport in 2008. 11. The Flying Cloud Airport Security Guide should be reviewed on an annual basis by the Flying Cloud Airport Advisory Commission for any necessary updates. Attachments 1. Report to City Council—Review of Security at Flying Cloud Airport, dated August 7, 2007. 2. Metropolitan Airports Commission—Flying Cloud Airport Security Guide dated August 2004. 3. Transportation Security Administration— Security Guidelines for General Aviation Airports dated May 2004. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 7, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A. Christy Weigel Clerk's License Application List Police/Support Unit These licenses have been approved by the department heads responsible for the licensed activity. Commercial Kennel PetSmart DBA: PetsHotel 11200 Prairie Lakes Drive Temporary Liquor Organization: The Cutting Edge Event: 3 on 3 hockey tournament Date: August 9— 12, 2007 Place: Velocity Hockey Center, 7901 Fuller Road Amendment to Liquor License Select Hotels Group, LLC Change DBA from AmeriSuites to Hyatt Place - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 7, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 07-5703 ITEM NO.: VIII.B. Rodney Rue Approve Utility Mapping Services Public Works/Engineering Agreement from HTPO, Inc. Requested Action Move to: Approve Utility Mapping Services Agreement from HTPO, Inc., in the amount of $67,500. Synopsis We are proposing to use these utility mapping services to complete the initial sanitary sewer and watermain field locations by the end of this year. The completion of the field locations/ coordinates for all appurtenant structures and pipes will allow us to complete the initial mapping of the City's sanitary sewer and watermain systems. This project will be financed from the Utility Fund. Attachment Standard Agreement for Professional Services Standard Agreement for Professional Services This Agreement is made on the 70--1 day of Uttie.4 , 20 07 , between the City of Eden Prairie, Minnesota (hereinafter "City"), whose busines6 address is 8080 Mitchell Road, Eden Prairie, MN 55344, and h1ansen TgArr 1 eilinrn Ls,n Inc_ , a Minnesota CdrparaJ"ian (hereinafter"Consultant")whose business address is 7516 1\1arkk.1-- Piacc r',`rtc 1 Eden e airic ,, MN 675-.3+i • Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional 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 professional services by Consultant for l I i . er • for n th `S ysfem hereinafter r erred as the "Work". The City and Consultant agree as follows: 1. Scope of Work/Proposal. The Consultant agrees to provide the professional services shown in Exhibit "A" in connection with the Work. The terms of this standard agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions. 2. Term. The term of this Agreement shall be from\hi 20, 2047 throughsDec, 3), Zta7, the date of signature by the parties notwithstanding. Thig Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $ (07,Sou,Po for the services 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 Consultant 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. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant 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. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: 1 A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. Owner's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant 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 Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City'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. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services performed prior to receipt of written notice from the City of such suspension, all as shown on Exhibit A. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described in Section 3B, and for other items when authorized in writing by the City. D. 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." 6. Project Manager and Staffing. The Consultant has designated \ ` orp and Vert lJh;teharit to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace these designated staff from the Project without the approval of the City. 2 7. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Hennepin County, Minnesota for professional services of the like kind. 8. Audit Disclosure. The Consultant shall allow the City or its duly authorized agents reasonable access to such of the Consultant's books and records as are pertinent to all services provided under this Agreement. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant 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. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the work identified in Paragraph 1. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant 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 Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Non-Discrimination. During the performance of this Agreement, the Consultant 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 Consultant 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 Consultant 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 Consultant 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. 3 13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 14. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 15. 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. 16. Entire Agreement. 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. 17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and 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. 18. 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. 19. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from a negligent act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. 20. Insurance. A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for damage to property, including loss of use, which may arise out of operations by Consultant 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 coverage's and limits of liability specified in Paragraph 20 B. below, or required by law. This policy shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be the primary coverage in the event of a loss. The policy shall also insure the indemnification obligation contained in Paragraph No. 19. B. Consultant shall procure and maintain the following minimum insurance coverage's and limits of liability on this Project: 4 Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial Liability $1,000,000 property damage 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 Umbrella or Excess Liability $2,000,000 C. Professional Liability. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City, in the insured's capacity as the Consultant, if such legal liability is caused by a negligent act, error, or omission of the insured or any person or organization for which the insured is legally liable. Said policy shall provide an aggregate limit of$2,000,000. D. The Commercial General Liability policy shall be endorsed to have the General Aggregate apply to this Project only. E. The Commercial General Liability insurance required under this section applies on a per project basis, shall be written on an occurrence form and shall include coverage for Products/Completed Operations (extending two (2) years after completion of the Work, Broad Form Property Damage including Completed Operations, Personal Injury with Employment Exclusion (if any) deleted, Blanket XCU, Incidental Malpractice, Host Liquor Liability, and Blanket Contractual Liability insurance applicable to the Consultant's defense and indemnity obligations assumed by Consultant under this contract. Coverage will include both work in process (ongoing) and completed work (completed operations) CG2010 (11/85) or equivalent. Commercial General Liability insurance shall include "stop gap" coverage for work in those states where Workers' Compensation insurance is provided through a state fund if Employer's liability coverage is not available. Comprehensive Automobile Liability insurance required under this paragraph shall also include coverage for all owned, hired and non-owned automobiles. Workers' Compensation coverage shall include a waiver of subrogation against City. F. Consultant shall maintain in effect all insurance coverage's required under this Article at Consultant'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. G. The policy shall contain a provision that coverage's afforded there under shall not be canceled or non-renewed or restrictive modifications added, without thirty (30) days 5 prior written notice to Owner. A copy of the Consultant's insurance declaration page, Rider or Endorsement, as applicable, which evidences the existence of this insurance coverage naming the City as an additional insured, must be filed with City prior to the start of Consultant's Work. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City not less than ten (10) days prior to the expiration date of any of the required policies. City will not be obligated, however, to review such declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. 21. Records Access. The Consultant shall provide the City access to any books, documents, papers, and records which are directly pertinent to the specific contract, for the purpose of making audit, examination, excerpts, and transcriptions, for three years after final payments and all other pending matters related to this contract are closed. 22. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Reuse of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any reuse of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party reusing the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 23. Withholding Taxes. No final payment shall be made to the Consultant until the Consultant has provided satisfactory evidence to the City that the Consultant 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. 24. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from 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. 25. Audits. The books, records, documents and accounting procedures and practices of the Consultant 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 Contract. 6 26. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 27. 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. 28. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME Hansen ! norio Pe/linen c9)86n, 7 e. By•\ /Q11/14 Its: [ res;den t 7 p Engineering Surveying 7 Landscape Architecture June 14,2007 Mr. Rod Rue City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Re: Utility Mapping for City of Eden Prairie Geographic Information System Dear Rod: As requested,the following estimate for surveying services for the above referenced project is provided for your consideration. Estimate Scope of Services $67,500.00 HTPO will provide a 2-person survey crew and project management to locate sanitary sewer manholes,hydrants,PIV's,water valves, and visible storm sewer manholes and catch basins in Section 1, 2, 10, 11, 12, 13, and 14 in Eden Prairie. Vertical and horizontal locations of structure rims will be provided to within 0.1 of a foot. Assumes the City will provide one staff person to assist in high traffic areas and to do locates in the residential areas. Invoices will be submitted based on actual hours worked using a 2.4 multiplier times direct personnel expense, and reimbursable expenses incurred (printing, courier, and other out-of-house services and documents). We will keep you informed of our work progress and the above fee estimate will not be exceeded without prior approval from your office. We invoice our services monthly payable within 30 days. Thank you for this opportunity to provide our services. Sincerely, 7510 Market Place Drive Eden Prairie, MN 55344 HANSEN THORP PELLINEN OLSON, INC. 952-829-0700 952-829-7806 fax cIIi::zCt24 Q• Laurie A.Jo son,P.E. Principal HANSEN THORP PELLINEN OLSON, INC CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 7, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC 07-5701 ITEM NO.: VIII.C. Alan D. Gray Award Contract for Pioneer Trail Storm Public Works/Engineering Sewer Improvements Requested Action Move to: Adopt Resolution Awarding Contract for Pioneer Trail Storm Sewer Improvements to Kusske Construction Company, in the amount of$59,081.25. Synopsis Sealed bids were received Thursday, July 26, 2007 for the Pioneer Trail Storm Sewer Improvements project. Eight bids were received as follows: Kusske Construction Company $59,081.25 Imperial Developers, Inc. $59,876.15 Parrott Contracting Inc. $66,988.95 Park Construction Company $72,441.32 Borresen Construction, Inc. $78,017.00 Northdale Construction Co., Inc. $79,333.07 Quiring Excavating, LLC. $80,667.63 Kober Excavating, Inc. $97,451.62 Background Information Hennepin County is currently developing the construction plans for Pioneer Trail (CSAH1) between Flying Cloud Drive and Gateway Lane. The need for a storm sewer across property in the northwest quadrant of Flying Cloud Drive and Pioneer Trail has been identified. United Properties is currently developing this site as Office/Showroom in accordance with their Development Agreement dated April 17, 2007. The permanent easements for the storm sewer have been dedicated on the plat. Temporary construction easements will be provided as stipulated in the Development Agreement. Construction of the storm sewer segment through this property in 2007 will avoid the necessity of disturbing new landscaping and site improvements being placed by United Properties later this year. Financial Considerations Based on the low bid, the project cost is estimated as $85,000 for construction and engineering services. Costs will be shared with Hennepin County, in accordance with their adopted policies for County improvement projects. The final City share will be financed from stormwater utility funds. The City will initially finance Hennepin County's share and be reimbursed through the Cooperative Construction Agreement for the overall project. Attachments • Resolution • Bid Summary CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2007- RESOLUTION ACCEPTING BID FOR PIONEER TRAIL STORM SEWER IMPROVEMENTS I.C.#07-5701 WHEREAS,pursuant to an advertisement for bids for the following improvement: I.C. 07-5701: Pioneer Trail Storm Sewer Improvements Eight bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids; and WHEREAS,the City Engineer recommends award of Contract to: Kusske Construction Company as the lowest responsible bidder. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter in a Contract with Minger Construction, Inc. in the name of the City of Eden Prairie in the amount of $59,081.25, in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on August 7,2007. Phil Young,Mayor ATTEST: SEAL Kathleen Porta, City Clerk BID SUMMARY Pioneer Trail Storm Sewer Improvements I.C. 07-5701 Kusske Construction Company $59,081.25 Imperial Developers, Inc. $59,876.15 Parrott Contracting Inc. $66,988.95 Park Construction Company $72,441.32 Borresen Construction, Inc. $78,017.00 Northdale Construction Co., Inc. $79,333.07 Quiring Excavating, LLC. $80,667.63 Kober Excavating, Inc. $97,451.62 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 7, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 02-5586 ITEM NO.: VIII.D. Rodney Rue Approve Documents Associated with Public Works/Engineering Wetland Replacement on the Valley View Road Reconstruction Project Requested Action Move to: Approve "Consent to Replace Wetland" and other documents associated with wetland impacts and mitigation on the Valley View Road Reconstruction Project. Synopsis These documents were received from the Board of Water and Soil Resources and are required as part of the permit process. They are requesting the City's signature since the City is the landowner of the wetland mitigation site. Background Information This project has been designed, plans and specifications have been approved, bids have been received, and a contract was awarded on April 17, 2007. The Nine Mile Creek Watershed District approved the wetland mitigation plans and associated permits on June 20, 2007. Attachments • Consent to Replace Wetlands • Contractor Responsibility Form • Affidavit of Landowner Minnesota Wetland Conservation Act Consent to Replacement Wetland WHEREAS, is the fee owner(s) of the following lands: [Insert same legal description from Replacement Wetland Declaration] AND WHEREAS, the undersigned, , has an interest in the land pursuant to: Mortgage Utility Easement for utility line or pipeline which runs through the Replacement Wetland Drainage Easement for ditch, tile line or other drainage system which runs through the Replacement Wetland Contract for Deed Lien Other(specify) which document is dated , and was recorded on in the Office of the County Recorder for County, in Book , Page , as Document No. ; and WHEREAS, the fee owner or Landowner as defined in Minn. Rules part 8420.0110, subp. 29 intends to restore or create a Replacement Wetland under Minn. Stat. §103G.222 and Minn. Rules part 8420.0530 or Minn Rules part 8420.0740, upon the land described above. NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, the undersigned hereby consents to the creation or restoration of the Replacement Wetland. The undersigned acknowledges that its interest in the land on which the Replacement Wetland is located shall be subject to all federal, state and local laws and regulations regarding wetlands, including the Declaration of Restrictions and Covenants for Replacement Wetland that is attached hereto. -Page 1 of 2 Attach 1 -Wetland Replacement(Consent) (April 2003) IN TESTIMONY WHEREOF, , the of the undersigned, has executed this document this day of Title ACKNOWLEDGEMENT STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , by Notary Public Notary Stamp or Seal This instrument was drafted by: Board of Water and Soil Resources 520 Lafayette Road North Saint Paul,MN 55155 -Page 2 of 2 Attach 1 -Wetland Replacement(Consent) (April 2003) Minnesota Wetland Conservation Act Contractor Responsibility and Landowner Statement Form Pursuant to Minnesota Statutes Chapter 103G .2212 an agent or employee of another may not drain, excavate or fill a wetland, wholly or partially, unless the agent or employee has obtained a signed statement from the property owner stating that the wetland replacement plan required for the work has been obtained, or that a replacement plan is not required; AND this statement is mailed to the local government unit (LGU) with jurisdiction over the wetland. Work in violation of the above statement and Minnesota Statutes § 103G.2212 to § 103G.237 is a misdemeanor punishable by up to a $700 fine and 90 days in jail. A replacement plan is required for any wetland draining, excavation, or filling activity that is not exempted under Minnesota Rules Chapter 8420.0122. National wetland inventory maps are available for review at the County Soil and Water Conservation District (SWCD) offices. Many wetlands may not be identified on the maps but are still restricted from draining, excavating, or filling. Contact the LGU or SWCD office for assistance. You can also call the Board of Water and Soil Resources at 651-296-3767 for LGU or SWCD location information. Property Owner Name City of Eden Prarie Address 8080 Mitchell Road, Eden Prarie, MN 55344 Phone 952-949-8300 Work Site Location: (address or property location)Valley View Road at Nine Mile Creek Contractor Name: (by company and individual): Minger Construction, Pat Minger Address: Phone: Description of Work: Road reconstruction and culvert replacement This form is continued on the next page. Page 1 of 2 Attach 2-Wetland Replacement(Contractor Resonsibility Form) (April 2003)) I certify that, as the owner of the property listed on this form, I have contacted the LGU and contact person listed on this form, and a WCA replacement plan: ®has been obtained, or ❑is not required, for the work described and at the location listed on this form. Property Owner Name Signature Date Contractor Owner Name Signature Date Local Government Unit (LGU):Nine Mile Creek Watershed District Address:Edina Business Center, 7710 Computer Avenue, Suite 135, Edina, MN 55435 Phone:952-835-2078 LGU Person Contacted:Mark Wilson This statement is invalid if any of the above information is not supplied or is inaccurate. Work in violation of Minnesota Statutes § 103G.2212 to § 103G.237 is a misdemeanor punishable by up to a $700 fine and 90 days in jail. NOTE: Keep a copy of this form for your records, and send the original to the Local Government Unit. Page 2 of 2 Attach 2-Wetland Replacement(Contractor Resonsibility Form) (April 2003)) Minnesota Wetland Conservation Act Affidavit of Landowner(s) STATE OF MINNESOTA ) )ss COUNTY OF ) , the Affiant herein,being first duly sworn, deposes and says: 1. Affiant is the owner of land described as follows, to-wit: (see attached legal description in Declaration) 2. Affiant is well-acquainted with the above-described land. 3. As of , , no persons were in possession of or claiming title to said land other than Affiant. 4. There have been no improvements made during the one hundred twenty (120) days prior to the above date for which any mechanics' liens might have arisen. 5. All taxes and assessments levied against the property have been paid when due, and such property is free and clear of any tax lien except for current taxes not yet due or not yet delinquent. 6. No lien for unpaid income taxes has been filed or is outstanding against the property. 7. The land described above is free of all mortgages, easements, liens and other encumbrances except as specified on the attached Form A-2 (Consent to Replacement Wetland). 8. No judgment or decree has been entered against Affiant that remains unsatisfied. 9. Affiant has not filed a bankruptcy petition nor had one filed against him under Title 11 of the United States Code. Page 1 of 2 Attach 3 -Wetland Replacement(Affidavit of Landowner) (April 2003) Further your Affiant sayeth not. Subscribed and sworn to before me this day of , Notary Public Page 2 of 2 Attach 3 -Wetland Replacement(Affidavit of Landowner) (April 2003) CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 7, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC 07-5691 ITEM NO.: VIII.E. Jim Richardson Right of Entry and Maintenance Agreements Public Works/Engineering for Technology Drive Streetscape Improvements Requested Action Move to: Approve Right of Entry and Maintenance Agreements for Technology Drive Streetscape Improvements. Synopsis The City of Eden Prairie will be entering into Agreements with the adjoining property owners along Technology Drive, from Mitchell Road to Prairie Center Drive for a period of two (2) years. Background Information The project includes the placement of planters, expansion of the existing irrigation system, planting of various shrubbery and trees, and sodding and seeding on public right-of-way and private property. The City will be responsible for all work for two years, thereafter the private owners will be responsible. The Agreements will affect Eaton, ADC, MTS,North American Properties and St. Andrew Church. This project is an extension of the Major Center Area improvements. Attachments • Agreements (ADC ,NAP Southwest, St. Andrew Church) RIGHT OF ENTRY AND MAINTENANCE AGREEMENT This is an agreement made as of u.� o'Y , 2007 by and between the City of Eden Prairie, a municipal corporate (hereinafter referred to as "City") and ADC Telecommunications, Inc. (hereinafter referred to as "ADC" or"Owner"). WHERAS, Owner is the owner of certain property described as Lot 1, Block 1, Technology Campus 3rd Addition, Hennepin County, Minnesota (hereinafter referred to as "Owner's Property"); and WHEREAS, City plans to install landscape features and irrigation systems (the "System") on Owner's Property, and on public property adjacent to Owner's Property; and WHEREAS, the parties to this Agreement wish to memorialize each parties' duties and obligations regarding the ownership, installation and maintenance of the System, and the City's right to enter onto Owner's Property to install and maintain the System; THERFORE, the parties hereto hereby agree as follows: 1. Landscape Features. a. City agrees to install, at its own expense, on Owner's Property and on public property adjacent to Owner's Property, landscaping materials such as trees, shrubs, plants, mulch, dirt, and any other material (hereinafter collectively known as "Landscaping Features") that may be necessary to complete the City's landscape design. The Landscaping Features shall be installed in close conformity to the Technology Drive Streetscape Improvements Plan created by SRF Consulting Group, attached hereto as Exhibit A (the "Landscape Plan"); however, the City reserves the right to deviate from the Landscape Plan as needed. b. City will own, maintain and warranty all Landscape Features for two years following the date of installation. During the two years following installation it shall be within the City's discretion to deteiiuine how the Landscape Features will be maintained and when they will be removed or replaced. During the two years following installation the City may, from time to time, make any changes to the Landscape Features that may be necessary for the continued maintenance and health of the Landscape Features. During the two-year period, neither Owner nor anyone acting by or on its behalf shall tamper with, make alterations to, or remove, or knowingly permit anyone not authorized by City to tamper with, make alternations to, or remove, any part of the Landscape Features without the prior written consent of the City. c. City's obligations with respect to the Landscape Features shall teiiuinate at the end of the two-year warranty period, at which time Owner shall 1 maintain the Landscape Features on Owner's Property and on the public right of way adjacent to Owner's Property. City acknowledges that the Landscaping Features are comprised of living organisms that will, by their nature, age and deteriorate over time. Owner shall use reasonable efforts to maintain the Landscape Features at the level at which the Landscape Features were maintained by the City but in no event better than Owner maintains its other Landscape Features. Owner may make changes to the Landscape Features that are necessary for the continued maintenance, health and aesthetics of the Landscape Features, such as trimming, pruning, removal and replacement of dead or diseased Landscaping Features, and other activities commonly associated with landscaping maintenance. However, no material change shall be made to the Landscape Features without mutual agreement between Owner and the City. 2. Irrigation System. a. City agrees to install, at its own expense, an irrigation system ("Irrigation System") sufficient to service the above-referenced Landscape Features. City will accomplish this by installing new irrigation lines, valves, heads, and other similar irrigation accessories, and by modifying and extending, as needed, Owner's existing irrigation system. b. City warrants the newly-installed portion of the Irrigation System solely against product defects and faulty installation for a period of two years after its installation. City shall not be responsible to repair defects that result from any other cause, including but not limited to damage caused by Owner or a third party. c. Owner shall assume ownership and responsibility for the maintenance of the Irrigation System upon its installation. 3. Owner hereby grants the City the right to install, operate and repair the Landscape Features and Irrigation System during their installation and respective warranty periods. Owner shall provide the City or the City's assigns reasonable access for ingress and egress onto Owner's Property to perform the work contemplated by this Agreement. This paragraph is intended solely to provide City access to perform the work specified in paragraphs one and two of this Agreement, and does not create ownership obligations for the City that are not specified in said paragraphs. 4. City shall conduct its activities on the Owner's Property in a manner that will not interfere with or disturb any of the business or construction operations being conducted on or access to or from the Owner's Property. 5. City will provide Owner with seven (7) days written notice prior to beginning any substantial activities on the Owner's Property within the two-year period. When a 2 schedule is developed for one or more stages of the Work, City will provide that schedule, to Owner; for all activities required as part of that stage of the Work, at least seven (7) days prior to the beginning of any activities contained in that stage of the Work. 6. City agrees to indemnify, defend and hold harmless Owner, and its employees and agents and contractors for any and all liabilities, liens, or damages caused by City or its employees or contractors during the Work or access to the Property, except for injuries or damages caused by Owner's negligence or intentional actions. 7. City may assign its rights and obligations under this Agreement. 8. This Agreement shall be binding upon Owner and its successors and assigns. 9. This Agreement may be amended, changed or modified only by written agreement executed by the parties hereto. 10. This Agreement may be terminated on one hundred and twenty day (120) written notice by either party, or upon the breach of any provision hereof 11. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 12. This Agreement represents the entire agreement between the parties respecting the matters contained herein. 13. Any notices shall be sent to: CITY OWNER City of Eden Prairie ADC Telecommunications, Inc. c/o City Manager c/o Ed Jorgenson and Curt Glaeser 8080 Mitchell Road 13625 Technology Drive Eden Prairie, MN 55344 Eden Prairie, MN 55344 With a copy to: Richard F. Rosow 650 Third Avenue South Suite 1600 Minneapolis, MN 55402 3 CITY OWNER City of Ed rairi ADC Telecommunications, Inc. C-kBy: By: Viatt( Phil oung Print Name: /14 u ea. OGtl ' Vr) Its: Mayor Its: t'- kW (2p r p Se1-VI CAS .Neal Its: City Manager 4 STATE OF MINNESOTA ) /► ) ss. COUNTY OF file te,d dV ) 4t This instrument was acknowledged before me this ' to day of,VA-4- , 2007, by Phil Young and Scott H. Neal, the Mayor and City Manager of the City of Eden Prairie, on behalf of the City. c21444/7 \-0 Notary P lic My commission expire an Jf o2Ol JAMES A. RICHARDSON ��' ` NOTARY PUBLIC-MINNESOTA `ti ; MY COMMISSION EXPIRES JAN.31,201 0 STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this 0 day of .. , 2007, by o`�ct et , the VP-1-I 1?-Co> ADC TeleOmmunications, Inc., on behalf of said corporation. Notary P c My commission expires: Si QO11 DIANE GERRES P:\Home\EP\Community Dev\Technology Drive Landscaping\RIGHT OF ENTRY AND MAINTENANCE AGREEMENT 2007 06 20-ADC.doc 5 EXHIBIT A LANDSCAPE PLAN 6 CONSULTING 1 I JIB �C (j r r -r 1 �. tea; GROUP,INC .� I.I I C C C >�'_...., it � 3 j6�,�^ ....,.,.--.,-:,,) i ). \N\- �._.,�\.`�—.5 i �" ,' `ST ANDREW 1 4 ''� ,, i y g T._'-7-.i _/.' e [ ) 1'~Z ii MIS 9 c J CrURCH :1 �, -�1 .� '��i( SW STATION C �s(, .•� ' t SYSTEMS i, --p EP WATER .�.t `,o, of r 3 �; �. jf.�:_.r• o of �+� VjI TRPLANTNTI ...��.. ' T�-- -r..._. /` \\ m `�. . A •,.�. - m. Rkk4 / � � y ! ` I .! Y o.M �Anroe 10 w I�C .r � / : \ ®e' ©I `� =P1RGAT0RY ' 1D ,IaD _ PARK oEeaei^,= W z 4Iz;"' 8 is`-�' z0= _ Li_rs . 8 _--'---�C_ t °°SHEET LEGEND \ T�3f: ss✓ ADC 1'(, \`,', ,�•��`\\ iaveuxn p UM. NE MOVING ='h'iF ,_ �I � °ii ¢`•, �' —___ ININURIMENI — ,ri IH.Wv M w N,,.P areen GENERAL NOTE. KEYNOTES, wsn�i4� va wur ` I.THE CONTRACTOR SHAH VISIT THE SITE PRIOR TO O] ORNAMENTAL RACL100-SEE DTL O TR n.,Woe ...... SIIBMITTDSV A PROPOSAL TO SCRIPT EXISTING CONDITIONS. 2.THE CONTRACTOR SHALL PROMPTLY NOTIFY _Q CONCRETE PAVERS-SEE DTL I/29 LANDSCAPE MCNITECT UR ANY DRAWING DISCREPANCIES. 3.THE CONTRACTOR SHALL VERIPT ORE EXISTENCE AND O3 GATEWAY COLUMN-SEE OTL I/Z8 "��• uee LOCATION OF EXISTING AND PROPOSED UTILITIES PRIOR TO COMVENCINC WORK.STATE LAY REWIRES THAT THE CONTRACTOR SHALL CALL GOPHER STATE ONE-CALL 9O PRECAST CONC.BOLLARD-SEE DTL 2/ZS TO LOCATE PUBLIC UTILITIES PRIOR TO COMMENCING WCRX. TECHNOLOGY 4.ANY OBJECTS bR AREAS TEAT APE I*UA000 DIRECTLY OR. B PRECAST CONC.PIER-INDIRECTLY BY THE CONTRACTOR OR HI3-AEA WOPoc SHALL BE OSEE OR 1/30 DRIVE REPAIpEO/REBTORED TO THEIR PPE-DAMAGED CONDITION OR STROVEMENT BETTER AT NO CTOR SE TO THE OWNER. IMPROVEMENTS B.THE CONTflACTOR SNdll ASSURE COIPLIAHCE WITH ALL APPLICABLE CODES AND RECREATIONS GOVERNING TOE WORK OR,MATERIALS SUPPLIED. CITY OF EDEN PRAIRIE B.PROJECT SITE OVALS BE KEPT CLEAN AEN AS AILY O FREE AS POSSIBLE.REMOVE DEBRIS FROM SITE ON A GAILY OASIS. T.THE CONTRACTOR SHALL OBTAIN ALL REWIRED PERMITS. B.ALL DIMENSIONS GIVEN ARE MEASURED HORIZONTALLY. 9.REFER TO PROJECT SPECIFICATIONS FOR ADDITIONAL REQUIREMENTS. LAYOUT NOTES, LAYOUT AND GENERAL HAVEgSULDHgSTgANINCS4PPR0 Ep BYYTHE IOgpNOSCgdPE ARCHITECT NOTE$ 0 PRIOR TO PROCEEDING WITH CONSTRUCTION. g 2. REPORT ALL LAYOUT DISCREPANCIES IMMEDIATELY Tq THE LANDSCAPE ARCHITECT FOR DIRECTION PRIOR TO PROCEEDING. 3. WRITTEN DIMENSIONS SHALL PREVAIL OVER DRAWING. B- A. ALL ANGLES ARE TO°UNLESS NOTED OTHERWISE. 2 E'K I . 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TON ASS 000 NPAN GTYXE'fnApNT1YApEq oft ,to a T.., r swmNiuemx ans Morava!run 000manuanvua 0 A11110A100 Loc. AebfaY0NPUN BBAMEBDWurtlb.Dpt Wtlxm 50.010 • JECIDLWS a0MHEMAL TREES A0 ° sae°uHs sea as000w000lm momour:alee u B Auwo msERw02FWN sae ASHOWCx C MPIA11TIJ1GA Pnx a.r+.N55r....y.qA,A ROTES: FT H em.aJM+OOVCHlorPOLlmalos AeaBwWowgAH vlLnsTG.f • ^'T"y.°q'°.^� T.RIDS Pam:Gyp HDTCim G DEW R ET101 011 NGEA Epp,a1NP' ... m CROWD IGDT 6All.ONYE PWe IEOAmlEe9 m AatnfftMC Cdrt. AssBpW W PAx RIAPMaTAlOq . DRAM Wr DATE SUESTITNE sum E.WHIVESTS VA SYSTEMS IMl MBE ND lY9E OHMOHM .M R b on00 N•".' A6 fSeFIFAa ervm a.me sm.AS NOT mom 11TE69 OP MEEEY9MT s• I4 As Call. ABBMOPdIPAN fe• K. cmR a TO WIDRAIN IAMB IN A PLUMBPLUMBCOMMONCH YIHFBE MA1>MA wIL OR WSW CaMNBa13 AR A P1DBIMG AS BEQUEATH,BY THE • DWiN1anBNAR ONea�.p BY No'f A.HmAOVE AfIF11 ONE YWL AH fie R • Cart. A9wvnwwn �wae'ueve anrof a, toYwxTADn• ® TREE STAKING DETAIL000 CB ATmSIONPLAN m"8�.�..�.a.B°OE' cmCOM NOAMWAAN • Dw.I rk.. • It f. R auM ictaesuM mm. ASSOWOHwN MD""¢f0�0""" ��� PA a anu,a� AT4HNNwPAa • 1.111.111111 _—_ • PA III P ... P00CPrtm co nom".....rEsaBm cow a.m. ___ 9DDIb1II1N aNDwwPAH Rx.�,..,oa an p. mrt. ....mom n4.ve`°'.rowiei • PEREWANAANOOPIEWANTALORASSES OCHE A9WNYNONONH EF 15 R Bm.....IHrmt....l' .cmASCHOWOXPM •••,Nsv kd reaezfnyTz or..-1 p NH a To ;¢HEv®B:EAN eaxc Asexpwax.fwv L.,... THE* _ a ....wre.. cm ASNwNaiwH ? CO P RFA=r= wae As.or oa PLAN _ -_ T�TIC TECHNOLOGY 'i':L1`' k FXGVATE Met.REO TO:IA]PACN G X Y Z SUBSIDENCE OR DETERIORATION OF MULCH THROUGHOUTTHE DRIVE._ PE THE TOP OF THE ROOT AIIGB T'a.HIGH BA SHOT THE MULCH DEPTH IS MAINTAINED AT A k EXCAVATE HOLE aR llEB TD ALLOW I.RISTARL q.6W81ARIA1 pI WR DRAM VI MINIMUM DEPTH OF 3 INCHES AT ALL TIMES AND UPON IMPROVEMENTS PLACRm DieTOP op ROOTWmTHE DAYNGHRNG AT A LOWER GRIMMFINAL ACCEPTANCE. REPLACEMENT MULCH SMALL • fa•ma.nun.Ram GAM APPROVED BY THE ENGRIpL BE REQUIRED TO PROVIDE THE MINLYIM MUM; Z.AUG.Tf OWNEt91.XO1FA - DEPTH SPECIFIED'MEN SUBSIDENCE OR LOSS IS CITY OF EDEN PRAIRIE •-FMT 11.1.1.E0123 p qq P.COMPLETE MIDI.ACCOROWO TO PANgryp EXCESSIVE ID THEN THE CONTRACTOR'S S OPERATIONS PDDW.Y eiRoU TIAAp PAN SDL GYEI DETN19 DTP I. -- HAVE CONTAMINATED THE RNLCN WITH SOIL. TD ADEownw.Y DRAINING LUBSOR. L W M Am mDEORMY INO0RP m manntE CENTER DF EOGEXOP DEPTH OF DEPTZIR or W%BAND AND Wx BmLA E 6OL _ TYPE OF PLANT PLANT TO ORANCHINC TO MN.OI WJLpH ' MULCH LANE LWLCN LINE MIN. HAX.MIN. MAX. A PWPNO TT000A IBIEET �pP ii 11yy���' EVERGREEN TREES VARIER 3'MIN. 4" 6" 4" 6" DECIDUOUS TREES 3'4IN N/A 4" •' " INSTALL MINI-BERM EVERGREEN SHRUBS VAq[ES J'MIN. J" 4•' 4" 6" I.EXCAVATE HOLE OR BED TA THE DEPTH OF ' DECIDUOUS SHRUBS PLANTING nE tmoT M+LNG. L BET Roar pm AN Nola VINES 2'MIN. N/A q" 6•' q" 6•• DETAILS �, on D. M=Beal WEN wan LOAM TOPSOIL. AND PERENNIALS VARIES 0'HIM. 3" 4'• 3'• 4' S - n T , MTO A THOTH OF MACHINE-TRANSPLANTED TREES I2"BEYOND EDGE OF HOLE 4" 6" 4" 6•' - 9 q.D006101ETE PANgra AGCDM io TO PLOWING NOTE. tTMS IPBH,Ts1 k REMOVE NULCN PLACED TO A DEPTH GREATER THAN THAT SPECIFIED ' 'AHEM OIflECTEO SY THE ENGINEER. 33 ALTERNATIVE PLANTING DETAILS FOR POORLY DRAINED SOIL e 'MULCH PLACEMENT DETAIL E ® INDIV SHALL BE DETPAMOLED BY THE LANDSCAPE ARCHITECT BASED INSPECTION OF • OF 33 E,• INDIVIDUAL PLANTING MOLES) rm RIGHT OF ENTRY AND TENANCE AGREEMENT This is an agreement made as of 2007 by and between the City of Eden Prairie, a municipal corporation ere' er referred to as "City") and St. Andrew Lutheran Church(hereinafter referred to as"St. drew" or"Owner") WHERAS, Owner is the owner of certain property described as Lot 3, Block 1, Technology Campus 2nd Addition, Hennepin County, Minnesota (hereinafter referred to as "Owner's Property"); and WHEREAS, City plans to install landscape features and irrigation systems (the "System") on Owner's Property, and on public property adjacent to Owner's Property; and WHEREAS, the parties to this Agreement wish to memorialize each parties' duties and obligations regarding the ownership, installation and maintenance of the System, and the City's right to enter onto Owner's Property to install and maintain the System; THERFORE,the parties hereto hereby agree as follows: 1. Landscape Features. a. City agrees to install, at its own expense, on Owner's Property and on public property adjacent to Owner's Property, landscaping materials such as trees, shrubs, plants, mulch, dirt, and any other material (hereinafter collectively known as "Landscaping Features") that may be necessary to complete the City's landscape design. The Landscaping Features shall be installed in close conformity to the Technology Drive Streetscape Improvements Plan created by SRF Consulting Group, attached hereto as Exhibit A (the "Landscape Plan"); however, the City reserves the right to deviate from the Landscape Plan as needed. b. City will own, maintain and warranty all Landscape Features for two years following the date of installation. It shall be within the City's discretion to determine how the Landscape Features will be maintained and when they will be removed or replaced. The City may, from time to time, make any changes to the Landscape Features that may be necessary for the continued maintenance and health of the Landscape Features. During the two-year period, neither Owner nor anyone acting by or on its behalf shall tamper with, make alterations to, or remove, or knowingly permit anyone not authorized by City to tamper with, make alternations to, or remove, any part of the Landscape Features without the prior written consent of the City. c. City's obligations with respect to the Landscape Features shall terminate at the end of the two-year warranty period, at which time Owner shall maintain the Landscape Features on Owner's Property and on the public 1 property adjacent to Owner's Property. City acknowledges that the Landscaping Features are comprised of living organisms that will, by their nature, age and deteriorate over time. Owner shall use its best efforts to maintain the Landscape Features at the level at which the Landscape Features were maintained by the City. Owner may make changes to the Landscape Features that are necessary for the continued maintenance, health and aesthetics of the Landscape Features, such as trimming, pruning, removal and replacement of dead or diseased Landscaping Features, and other activities commonly associated with landscaping maintenance. However, no material change shall be made to the Landscape Features without mutual agreement between Owner and the City. 2. Irrigation System. a. City agrees to install, at its own expense, an irrigation system ("Irrigation System") sufficient to service the above-referenced Landscape Features. City will accomplish this by installing new irrigation lines, valves, heads, and other similar irrigation accessories, and by modifying and extending, as needed, Owner's existing irrigation system. b. City warrants the newly-installed portion of the Irrigation System solely against product defects and faulty installation for a period of one year after its installation. City shall not be responsible to repair defects that result from any other cause, including but not limited to damage caused by Owner or a third party. c. Owner shall assume ownership and responsibility for the maintenance of the Irrigation System upon its installation. 3. Owner hereby grants the City the right to install, operate and repair the Landscape Features and Irrigation System during their installation and respective warranty periods. Owner shall provide the City or the City's assigns reasonable access for ingress and egress onto Owner's Property to perform the work contemplated by this Agreement. This paragraph is intended solely to provide City access to perform the work specified in paragraphs one and two of this Agreement, and does not create ownership obligations for the City that are not specified in said paragraphs. 4. Owner's obligations under this Agreement shall extend to any property owned by MTS Systems Corporation which Owner has maintenance responsibility over for as long as that maintenance responsibility remains in effect. 5. City may assign its rights and obligations under this Agreement. 6. This Agreement shall be binding upon Owner and its successors and assigns. 2 7. This Agreement may be amended, changed or modified only by written agreement executed by the parties hereto. 8. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 9. This Agreement represents the entire agreement between the parties respecting the matters contained herein. 10. Any notices shall be sent to: CITY OWNER City of Eden Prairie St. Andrew Lutheran Church do City Manager do Stuart Oftelie and Trudy Gunderson 8080 Mitchell Road 13600 Technology Drive Eden Prairie, MN 55344 Eden Prairie, MN 55344 With a copy to: Richard F. Rosow 650 Third Avenue South Suite 1600 Minneapolis, MN 55402 CITY OWNER City of Eden Prairie St. Andrew Lutheran Church B Y• By: Phil Young Print Name: Qom, �1),,tj << #0t0 Its: Mayor Its: 124S P..- By: Scott H. Neal Its: City Manager 3 STATE OF MINNESOTA ) ) ss. COUNTY OF ) This instrument was acknowledged before me this day of , 2007, by Phil Young and Scott H. Neal, the Mayor and City Manager of the City of Eden Prairie, on behalf of the City. Notary Public My commission expires: STATE OF MTNNESOTA ) ) ss. COUNTY OF Heirmvo ) The foregoing instrument was acknowledged before me this i I}h day of :SJll , 2007, by Rev. Zr -' dry fkrde 4 the Pc sA-0 c of St. Andrew Lutheran Church, on behalf of said corporatio, on behalf of said corporation. `-'ep '.‘ o I arf\n -32--, .itickS29L, _o 9. BRIDGET ANNE WALSH '�•tary Public \= My commission expires: t,-3i-1b :49 Notary Public-Minnesota .q..... My Commission Expires Jan 31,2010 P:\Home\EP\Community Dev\Technology Drive Landscaping\RIGHT OF ENTRY AND MAINTENANCE AGREEMENT 2007 06 20-St.Andrew.doc 4 EXHIBIT A LANDSCAPE PLAN 5 • • .... t gg( i .' • CONSULI'!NG.I I B 1��.. �. ?- �! L_„1 u- .tl.._,.,. ...tp;.,,.,'/.� ! -r-9 f At. t' �"°.�,_._...5.. a .,9, GROUP,INC „� ��c o l NTS L. 0 L.............0 ._—...T.- ,k ,ST ANCREW �� 5�4 .. ,,,'-uwJ-- . G [ )� ��..... SYSTEMS r----,�-...� r o. p N 1 • SW STATIGN 6 .a EP WATER 4 ..._..,;.�:;c 9f� 2 �� _ ;'' may' u n 6��f TREATMENT j1 I G G f D (�-R„ .� '.•�,i .\ ?L� r !AIL PLANT �`, ' B !J _ 1\` s�,0 .,�110,050 E � P� / „ .., . „ m � .,���n R�A \• ,� ^- �� y.,, -�..,-�„\ PARK ``' , • SHEET LETSEND �Z�i'7,".�..v1 VA' �. F •t`2�` ®aTanr PLUMMY Pt* a f C �, q t j �.\ .eZL3pF..7 APB • LMtlKWY N.11DIt f (/J� ' 1 ti , ' ,'i _,.�7 �� it • OENPJIIL NOT13R EEYNOTES, ^ w': VD y W T Y�E g17 gSUB}YNIETYCIpNNOTpA�PligkSrA ;OpYpYpIU SryAPTTIMC MgE. 0 ORNAMENTAL RATLINE-.SEE OTL IRE ^W � N .. EANOVAPE ARCNITECT IFLANY 0�llYn pI5 REPANCIES. ' s. CONCRETE PAVERS-SE'E Olt 1/29 .. S.1XE CdTNACTtle SNALNLpYE�IIFY TXE fil�i SCE [�AMO� �I OATENAY ROWER-SEE ER.I/1t 7jL10OIC,'A,I,I,d,�YpAOCR1piEOp%�18TI1gSiAT6PLPYDS�EO�5iTp7[�S TgWE-TOIL IOELOMTE PI1Bl[cN STIES POORSOR igAOpNIQ[CINOLNgN6 • 'Q PRAT CONE.COLLARD-SEE OTL 2/29 {1 A(pNEYc}p��,�ECTS OR AREAS i OARREyDSLWXpEED pp�plptECS}NLY OgR © PRECAST CONC.PIER-SEE OIL I/Il TECHNOLOGY . .N6pA[REO%R657 pEO TOTTNEfR�PRE-pAWWED CONDITI�LfYt O T�q 01RIER DRIVE BBTIVR AOTNNN{{OAACCE1ffENX TO 7fiE ANCE I{N VA IMPROVEMENTS benit EµlWA RE01 I%0 G7LOVEIRNR Q70ETNE VA m,MAr ] E.PROJECT STTE.Su�{µi 86 SEPT CLAW YJRD AS NA2A(Ip PREE CITY OF ECEN PWJRE AS POSSIBLE.RIpWOYE DEBRIS PROM SITE ON A DA OASIS. T.THE CONTRACTOR MALL OBTAIN ALL REQUIRED PERMITS. ' B.M.I.DANNS10M5 GIVEN ARE 1EASUREO NWTI2CNTµLT. 9.REFER TO PROJECT SPECIFICATIONS FOR AOOIT10NAL REQUIREMENTS. • so LAYOUT NOTEER • a • TNg CU IP EM 4 AL pp NECJ�VNYL[LRS CAN STAKIlI6STAPPOVPD BLBYAY TILE LAM/SCAPE ARWZTEC[ MOTS PP[OR TO PIICN2EOING tlSTN CCNSTAUCTION. 2. REPNIT ALl 11,,AYWT DISCREPANCIES IMM®IATELY TO TryE 1.��LARQSCAPE ARCBSTECT FOP OI9ECIION RIImt TO PRUEDINE. S. 9RITTEN DIMEN5I0M5 SMALL PREVAIL OVER ORARINO. 1 A. ALL ANGLES ARE 90°UNLESS NOMEO CTNERNISE. 71 1 OP33 S • • i _� rpm • EEY YW J1\[ ,•.<' , �; 1 CONsm• TnNG GROUP, INC w 4_^ -..., .._.__.,,,..,-��-_•__•a_• - _ ^.any Sic ...... _T.-_.-. y _r pEYtglE pEfERENCE C 4 O • 7. _,.m. �.t;eu tTI F),�it i� +� , 1 2 t' *to PEROAiDAS lA6E SHRUBS • �' <Y I_t7dL 4� 1� ..s��i-- bd It SOD r �MiRwb .... pN/OOi 3plp g ' � ''» A _ m ' ;«ISTIIGrREEnPEWW m x.p 3 �_ "`�-�..'-1 • Q ,,,r..._._r� _....`_._'.... I _ {}0 -DUSTIN SiRgEnI0Nr "-"'_TM smel 0.40 re drak Ark vr. ' V. f'\,,��,,,� • 0 0 TECHNOLOGY DRIVE -"" �` •�' sepe�xr aK_.:yIM �__ OR:INAGE AIAI MUT( . -:.'-'--"'''---- '''-'-'-''.- OaSTNI S, <0.00011111111111.11111111111.,..,_ ..11...1.11111b,..,. , ..,..��r _f• _—___:nil rI r•'�: "=..______ .., -,o-s RA..' ralamrusf .y ihSl �yc pr l� R'iF zy �'�� ' v_l • "- FRIVEp11 `Ih 4 e z`- r__. : -A*r..-_-- *,,r za. tl f+F .w; TECtipNRIOWGY IMPROVEMENTS --- i OF®CITY W PRAIRIE .,. TECHNOLOGY,DRIVE• iq.._....,, ,...�.__—� .. v.._— Y, " " • • G G.'� c7A'47 © 9 a ,may`" . ".. " ���+++.©���Irrr arm it A� an p 4J�ki • 6ANDHOAP6 I.a. �'4i. �Ui.i. _ - _- - t��'4 ����� L'. R 4 �� "F- M.LI'�L .. 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'� /'' c • * 'Q'..si.`,�,' ,.r \\� `±.\. rn EMOTES. *nw. Rey cnzawoe ` ( '`�` O PRECAST CONC.BOLLARD SEE 6Y1.1/26 1 t ',„ ip ,,. !1H F • -� .., .: `. '.,...� TECHNOLOGY :,') • ; ,; DRIVE '" , C • EETSCAPE , i. • mb., i �i 11 :H t . ` 1•' IMPROVEMENTS • �1 ,f ; I ; • { ', ^ J ,, \ t • • e a• I h 33 • •.—"---- PI ANr sFMNMAj . • • �. ,, • ( I9N NNM ..fom Mew SRF .. • N a r AN,AM.ee:AMM,r w NMI[weNMA11 waEamwnw,sn ts, rnsnlgs M M b e ,A1wAw+A,1s wit a1RNA TrsAM N w tqM oM NMNNaxwa ouArManarwl CON6itt.?MG eo. r e ' w NMNMwva 9aoasle+Mrtlwwl ,.,,.N, GROUP,INc Ql. , r w NNNrxaygM 911WwNAMl6bgt Mon q r w NYgMMlMM4 ea6EanwnvlFilEFk 16 A r ^� W NCNONOIIMM 801.10111m1411.6400.4 • *SO%*JAW:" " ,N E r�1T�M�ir wi'NMdrrrMN euru`ene.pA • x q R '�^^ eM NMWONMN av�vwnNr,u• Mre,�..rwBNu1N (107Ei1 ■�wq�w pA yyyp�p AEgw�pW in 11 .a tlINOgAAOAN COAT. NEIIWMMN�CNYYUI3{6M1 N94iA-4Ml A a 4ol rqL ON1f SI IALe C • M U 2.' .4.48 NNL AlOWOlMAR QYOWtTe1410 ANAVI YALL w1S=NM ino Val OWNS al C q yM SON4. NMIWg1MN 1PN ��1BM_. MVsl RevOie .A �AROk ORmWtlWWOY OW. NRNWtlfPLW41rHN90 O4.64.444444�igdo1 A wawa wow OM AmAY 1E1 q �°Ol,bM • OKNENeaex,l w • 0114410 Lc gM.L4 s✓rw' • • TREE SLAKING DETAIL a 44 4. M�r,W ° oar NEiM.raNNM _ manoeFr�e *on NNWONgM • Ammo M.,r • W�'^a a NNC NMOMONMIN ••: �= NA M M T9e Au1C AeMgaMiP1AN'• �I♦� M NI q M�eVa OONO. RWOtlNBt —`� . M Y q VOIMNO CCIR, NwM,M1N/N ti, A, 9 q �31p FpW,M�MFy9 COW NAWYd.444.4 uiaMOW rT • q iY.idwMAOem*LW Ld,, NMIXYONIYM a w• yN Q N q�6g6M44/ LONI. NNMTg1MN rtnl f21MMedAMo1 I .NI Yl. q,IMieiWr mrt. MWMg1MN .� M M q �u NNIOY,pp bM:.. M'ola+las Yxy '�. M II q ` 'ems+ M444 I.ewwr • .. —' COLL.N$NO9 NI P1.ANLL .:y ..Y'h Ne1WN.�W maw TILE o W1AgE TECHNOLOGY A � x Y 2 SUBSIDENCE OR CETERI�A TIa1 NiS.CN THRW®NAR DRIVE., RATMA WAWA Niel TTHNE CONTRACT IS ACCEFTABLe TO iNE eXTENT �MAp(rNAp�y Tpdq,pWOrA�p THAT THE MACH 1 !S MAINTAINED AT A STREpISCgpE t TY TI!AiOr aAmN00TAIAM A aRAD6M xI YINIYW DEPTH OF 3tNGNa AT ALL TUG AM UPON • IMPROVEMENTS' qOw{T3MM WAIWf ONr FINAL AC�p4ANC[ LACFAENT Ma SNALL E6 pE01TnHO TO PIICYNE THE NINLANI w1LCµ A pM�� CEPTN SPBCIFIEb xN6,i SGrSMENCE CO LOSE IS CITY a IOW FRAME t Y• _":."r ... >'OOGYfYOf ACCOgMO TO AMMO • • _ 114gloIVE OR YNIN THE t1,01 CTwt'B OPiR,141. • . p I • p�aHAArW CONTAgLIINMNATNIM TTNE NIACN OIIN SOI1L. Et‘ A OAF ry��O '${i o Ei'iAr4LACE rota OF,PLANT NIAACX LloiiE META"1T MAX.MIM. 1�mx. A gAMIrNI Pa} 11014U, EVENOBEEN TNEEE VdAIfiS 7`HEN. 4•• ` OECIOLbI4 TENS 3•;ITN. N/A 9•' I" 9" E" INSTALL ONNM EVERGREEN SMgIBS VARIES I.MIN. 3'• 4" 4" O'• l•Ira r I iMLLOR M M Op Owls OF DHClOVWS OWN • 3'NW. WA. 9.. O" I.. O" PLANTING A on roar Ma wWO1w,yNNOJwpy�pMy��Ep, VU[9 2'XM. NIA 9. g• 9.. gi DETAILS A� IpO1R.T0.A NmTN OP O N'44 4AROU1NNE�-7nAN3%.ANIED TBE6I /SY� t'@q EOOE OF NOES 9•• 6• .3•• 9•• . Y 14 E" 4" 6" NOM Plain AoCOMNO A MO 7O � R91p/E CN ALAC TO d DEPTH GREATER THAN THAT LPECIFI60 ALTERNATIVE PLANTING DETAILS'FOR POORLY DRAINED'SOIL .x' LCHTEPBAT�Ea ENT DE • O'MULCH PLACEMENT DETAIL �� f T<gY ISBL LP E TNE N0.DB TXE LANDSCAPE ARCNI7ECF BASSO INSPEGTIGN OP — • 111111111Mellninlillini.r RIGHT OF ENTRY AND MAINTENANCE AGREEMENT This is an agreement made as of 2 e, , 2007 by and between the City of Eden Prairie, a municipal corporation (hereinaerred to as "City") and NAP Southwest, L.P. as agent Y ) g for the Southwest Station Homeowner's Association(hereinafter referred to as "NAP"or"Owner"). WHERAS, Owner is the owner of certain property described as the Common Elements in CIC No. 1385, Southwest Station Condominiums, a condominium located in the County of Hennepin (hereinafter referred to as "Owner's Property"); and WHEREAS, City plans to install landscape features and irrigation systems (the "System") on portions of Owner's Property near to public property, and on public property adjacent to Owner's Property; and WHEREAS, the parties to this Agreement wish to memorialize each parties' duties and obligations regarding the ownership, installation and maintenance of the System, and the City's right to enter onto Owner's Property to install and maintain the System; THERFORE,the parties hereto hereby agree as follows: 1. Landscape.Features. a. City agrees to install, at its own expense, on Owner's Property and on public property adjacent to Owner's Property, landscaping materials such as trees, shrubs, plants, mulch, dirt, and any other material (hereinafter collectively known as "Landscaping Features") that may be necessary to complete the City's landscape design. The Landscaping Features shall be installed in close conformity to the Technology Drive Streetscape Improvements Plan created by SRF Consulting Group, attached hereto as Exhibit A (the "Landscape Plan"); however, the City reserves the right to deviate from the Landscape Plan as needed. b. City will own, maintain and warranty all Landscape Features for two years following the date of installation. It shall be within the City's discretion to determine how the Landscape Features will be maintained and when they will be removed or replaced. The City may, from time to time, make any changes to the Landscape Features that may be necessary for the continued maintenance and health of the Landscape Features. During the two-year period, neither Owner nor anyone acting by or on its behalf shall tamper with, make alterations to, or 6iui7nn7 RIGHT OF ENTRY AND MAINTENANCE AGREEMENT Page 2 of 8 remove, or knowingly permit anyone not authorized by City to tamper with, make alternations to, or remove, any part of the Landscape Features without the prior written consent of the City. c. City's obligations with respect to the Landscape Features shall teiminate at the end of the two-year warranty period, at which time Owner shall maintain the Landscape Features on Owner's Property and on the public property adjacent to Owner's Property. City acknowledges that the Landscaping Features are comprised of living organisms that will, by their nature, age and deteriorate over time. Owner shall use its best efforts to maintain the Landscape Features at the level at which the Landscape Features were maintained by the City. Owner may make changes to the Landscape Features that are necessary for the continued maintenance, health and aesthetics of the Landscape Features, such as trimming, pruning, removal and replacement of dead or diseased Landscaping Features, and other activities commonly associated with landscaping maintenance. However, no material change shall be made to the Landscape Features without mutual agreement between Owner and the City. 2. Irrigation System. a. City agrees to install, at its own expense, an irrigation system ("Irrigation System") sufficient to service the above-referenced Landscape Features. City will accomplish this by installing new irrigation lines, valves, heads, and other similar irrigation accessories, and by modifying and extending, as needed, Owner's existing irrigation system. b. City warrants the newly-installed portion of the Irrigation System solely against product defects and faulty installation for a period of one year after its installation. City shall not be responsible to repair defects that result from any other cause, including but not limited to damage caused by Owner or a third party. c. Owner shall assume ownership and responsibility for the maintenance of the Irrigation System upon its installation. 3. Owner hereby grants the City the right to install, operate and repair the Landscape Features and Irrigation System during their installation and respective warranty periods. Owner shall provide the City or the City's assigns reasonable access for ingress and egress onto Owner's Property to perform the work contemplated by this Agreement. This paragraph is intended solely to provide City access to perform the work specified in paragraphs one and two of this Agreement, and does not create ownership obligations for the City that are not specified in said paragraphs. 4. City may assign its rights and obligations under this Agreement. 5. This Agreement shall be binding upon Owner and its successors and assigns. 6. This Agreement may be amended, changed or modified only by written agreement executed by the parties hereto. 7. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 6/26/2007 RIGHT OF ENTRY AND MAINTENANCE AGREEMENT Page 3 of 8 8. This Agreement represents the entire agreement between the parties respecting the matters contained herein. 9. Any notices shall be sent to: CITY OWNER City of Eden Prairie NAP Southwest L.P. c/o City Manager c/o Anne Wardleworth 8080 Mitchell Road 13560 Technology Drive Eden Prairie, MN 55344 Eden Prairie, MN 55344 With a copy to: Richard F. Rosow 650 Third Avenue South Suite 1600 Minneapolis, MN 55402 CITY OWNER City of Eden Prairie NAP Southwest L.P., as agent for the Southwest Station Homeowner's Association By: By:L aA(�t «alit Phil Young Its: Mayor Print Name: 1 I11')2 L. Warol ktoO✓ i Its: TI v(l',ovi ZQpf By: Scott H. Neal Its: City Manager 6/26/2007 RIGHT OF ENTRY AND MAINTENANCE AGREEMENT Page 4 of 8 STATE OF MINNESOTA ) ) ss. COUNTY OF ) This instrument was acknowledged before me this day of , 2007,by Phil Young and Scott H. Neal, the Mayor and City Manager of the City of Eden Prairie, on behalf of the City. Notary Public My commission expires: STATE OF MINNESOTA ) A ) ss. COUNTY OF ifrifeLtd cY ) The foregoing instrument was a owled ed before me this Alp day oiC,/a.��2� 2007, by /1 2..94e, . �a a,rcaudOthe� r,'Z Q of NAP Southwest L.P., on behalf of said L.P., as agent for the Southwest Station meowner's Associp ry TO! 1 s(L,), el i..,yVtr, JPMES A. RICHARDSON. Notary P , ', ,� '0" NOTARY PUBLIC-WHOA f / ad/ MY COMMISSION My commission expires: ".-4` cX4't R ES JA N.31,2 010 P:\Home\EP\Community Dev\Technology Drive Landscaping\RIGHT OF ENTRY AND MAINTENANCE AGREEMENT 2007 06 20-NAPM.doc 6/26/2007 00 4-4 0 cd ,�.n -,...—_ _ _.......ate„ u� ... ._ o rzia IGRae0g.INC S. - �' ,+', any " g,,-— a a s 1 % c ,`k # wi. 1 MAC ;'0 . r p ,--4 n r a'. -,:r'^g "« -: a ti i �"i .;ai.. "53 I�� � �" a< «� Ut 0 x A SSA . 4 �, W - w 1 3tF e ?k >it% E Sa.Y. �d 7030401ai t Z , ..<�}�� a& 9 a e �7 @ems ggb`"£4",.Sgge 5$«+ggCOVE igiti ... 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F-� �` e.zi sar. x Wit, FTAIL. fit:. tF 74 z.s .. .�..,...,, .c.:.�:. ,.....,,.� -- w O N H o (NI N CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda August 7, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC# 07-5698 ITEM NO.: VIII.F. Leslie Stovring Erosion Stabilization Feasibility Study Project Public Works/Environmental for the Lower Minnesota River Watershed District Requested Action Move to: Approve the proposal from SRF Consulting for completing Feasibility Studies for stabilization and restoration of four(4) erosion sites within the Lower Minnesota River Watershed District at a cost of$82,816. Synopsis The Lower Minnesota River Watershed District requested that the City partner with the District to conduct Feasibility Studies for stabilization and restoration of areas that have eroded within the Minnesota River valley. Seven proposals were received. SRF Consulting was selected based on qualifications as well as the accuracy, scope and detail of the proposal provided. In addition, they have offered to include evaluation of the ability to restore Riverview Road as part of the Feasibility Study. The District has authorized a cost share of$50,000 for these studies. The remaining costs ($32,816) will be paid out of the stormwater utility fund. Background Information There are four basic Study Areas for which Feasibility Studies will be conducted. These include: STUDY AREA 1 - Study Area 1 is south of the intersection of Charlson Road and Highway 212, south of Old Riverview Road. The Study Area includes an erosion gully after the surface runoff leaves the culvert which runs under the roadway. STUDY AREA 2- Study Area 2 is south of Highway 212,just west of Study Area 1. The Study Area includes a box culvert that exits from under Highway 212 and runs south. Severe erosion extends along this area. STUDY AREA 3 - Study Area 3 includes a spring and pipe that is plugged with dirt and leads southerly to severe erosion along the edge of Minnesota River. This includes a section of Riverview Road south of the Allied Waste Landfill which slumped into the river. STUDY AREA 4- Study Area 4 is south of Pioneer Trail and includes an area of two culverts with erosion leading to an eroded streambank adjacent to a wetland. The bank is water-logged between the wetland and stream and the concern is that this might erode without stabilization. The District has requested that the Feasibility Study be completed for this area first. The total proposed cost includes a deduction of$9,626 for Study Areas 1 and 2 for a reduced scope. Additional services include $7,060 for geotechnical analysis of Riverview Road and $2,500 for coordination and presentation of findings and permitting requirements between the District, Agencies and City. Attachment SRF Agreement/Proposal Standard Agreement For Professional Services This Agreement is made on the 31th day of July, 2007, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and SRF Consulting Group, Inc., a Minnesota Company (hereinafter "Consultant") whose business address is One Carlson Parkway, Suite 150, Plymouth, Minnesota 55447. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional 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 engineering professional services by Consultant for Erosion Stabilization Feasibility Study hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work/Proposal. The Consultant agrees to provide the professional services shown in Exhibit "A" in connection with the Work. The terms of this standard agreement shall take precedence of any provisions of the Consultants proposal and/or general conditions. 2. Time for Performance of Services. The Consultant shall perform the services described in Exhibit A within the following timeframe unless otherwise agreed upon in writing: 3. Compensation for Services. City agrees to pay the Consultant a not to exceed amount, including expenses, of $82,816 for the services as described in Paragraph 1 and Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant 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. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant 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. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the 1 Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard of criteria, including but not limited to, design and construction standards they may be required in the preparation of the report for the Project. D. Owner's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, itemized invoices for professional services performed under Section 4 of this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City. A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if permitted in Exhibit A, the Consultant shall provide such documentation as reasonably required by the City. A progress summary, which will include the budget status and original and/or amended budget, shall be included with each invoice. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services performed prior to receipt of written notice from the City of such suspension, all as shown on Exhibit A attached hereto and incorporated herein by reference. C. Payments for the Consultant's Reimbursable Costs. The Consultant shall be reimbursed for the work of special consultants, as described in Section 3B, and for other items when authorized in writing by the City. Such items shall include: transportation of principals and employees on special trips to the Project or to other locations, materials and supplies, and AutoCAD as required to expedite the work, and reproduction of reports. 7. Project Manager and Staffing. The Consultant has designated Walter Eshenaur and Troy Erickson to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Project in accordance with the terms established herein. Consultant may not remove or replace designated staff from the Project without the approval of the City. 8. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Hennepin County, Minnesota for professional services of the like kind. 9. Audit Disclosure. The Consultant shall allow the City or its duly authorized agents reasonable access to such of the Consultant's books and records as are pertinent to all services provided under this Agreement. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant 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. All 2 finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Consultant shall become the property of the City upon termination of this Agreement, but Consultant may retain copies of such documents as records of the services provided. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. 10. Term. The term of this Agreement shall be from July 31, 2007 through, December 31, 2007 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 11. Termination. This Agreement may be terminated by either party by seven (7) days' written notice delivered to the other party at the address written above. Upon termination under this provision if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because of the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the work identified in Paragraph 1. 12. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant 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 Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 13. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 14. Non-Discrimination. During the performance of this Agreement, the Consultant 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 Consultant 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 Consultant 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 Consultant 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. 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 3 16. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 17. 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. 18. Entire Agreement. 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. 19. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and 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. 20. 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. 21. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from a negligent act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. 22. Insurance. A. General Liability. During the term of this Agreement, Consultant shall maintain a general liability insurance policy with limits of at least $2,000,000 for each person, and each occurrence, for both personal injury and property damage. This policy shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be the primary coverage in the event of a loss. The policy shall also insure the indemnification obligation contained in Paragraph No. 21. A copy of the Consultant's insurance declaration page, Rider or Endorsement, as applicable, which evidences the existence of this insurance coverage naming the City as an additional insured must be provided to the City before work under this Agreement is begun. B. Worker's Compensation. The Consultant shall secure and maintain such insurance as will protect Consultant 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 Consultant's services under this Agreement. 4 C. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City, in the insured's capacity as the Consultant, if such legal liability is caused by an error, omission, or negligent act of the insured or any person or organization for whom the insured is legally liable. Said policy shall provide an aggregate limit of $2,000,000. 23. Records Access. The Consultant shall provide the City access to any books, documents, papers, and records which are directly pertinent to the specific contract, for the purpose of making audit, examination, excerpts, and transcriptions, for three years after final payments and all other pending matters related to this contract are closed. 24. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Reuse of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any reuse of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party reusing the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 25. WITHHOLDING TAXES. No final payment shall be made to the Consultant until the Consultant has provided satisfactory evidence to the City that the Consultant 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. 26. Dispute Resolution. Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from 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. 27. AUDITS. The books, records, documents and accounting procedures and practices of the Consultant 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 Contract. 28. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 29. 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 5 renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 30. 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." 31. Counterparts. This Agreement may be executed in multiple counterparts each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME 61Z) ei45u(7' (--?YUC f/"G By: Its: v /'PJItF`�r 6 • Exhibit A PROJECT UNDERSTANDING Introduction and Background Various reaches of several water courses located throughout the City of Eden Prairie and Lower Minnesota River Watershed District (LMRWD) have been identified as problem areas due to excessive stream bed and bank erosion. Four areas in particular have been selected for further study due to severe degradation and/or encroachment upon features such as culverts, roadways, and pedestrian trails.This proposal provides SRF's understanding of the project, details an approach to solving the identified erosion problems, and outlines specific scopes and costs required to complete the work as outlined in the RFP. Additional work to what has been outlined in the RFP is also suggested in order to gain a complete i understanding of the root causes of erosion and to collaboratively identify '_- • , '''' solutions for each Study Area. As exemplified by the four identified Study Areas and associated stream bed and bank erosion, the factors controlling stream formation are complex and . �< interrelated.These factors include the amount and rate of supply of water ` " -'..r r 44 4',. and sediment into drainage systems, watershed geology, and the type and .- /''- , _'= ; Y',- ' extent of vegetation within the watershed. As these factors change over time, * systems respond by altering their shape, form and/or location. In -•�€-91c1 Y if- drainage' 41 stable drainage systems the rate of these changes is generally slow and imperceptible, but the stream bed and bank are always in flux. The causes of stream bed erosion vary from location to location within any specific watershed. In general, erosion is highly dependent upon hydrologic and hydraulic conditions, soil characteristics, and land use. More specifically, there are four main processes that contribute to stream bed erosion: • Decrease in stream sediment supply IIIIIIIMFF • Increase in stream bed slope • Increase in stream flow velocity • Increase in stream discharge Similarly, there are many factors can accelerate stream bank • erosion as exemplified in the following list of causes: • Stream bed degradation or aggregation • Inundation of bank soils followed by rapid drops in flow after flooding • Saturation of banks from off-stream sources such as ' wetlands • Redirection and acceleration of flow around infrastructure, obstructions, debris or vegetation within the stream channel • Removal or disturbance of protective vegetation from stream banks as a result of trees falling from banks or through poorly managed stock grazing, clearing or fire • Bank soil characteristics such as poor drainage or seams of readily erodible material within the bank profile • Excessive or inappropriate sand and gravel extraction • Intense rainfall events Erosion Stabilization ■ 1 FEASIBILITY STUDY Exhibit A ^' w An effective solution for the mitigation of stream bed ippo ::::7 :� and bank erosion will address the root cause of the '" - problem. As noted previously, stream bed and bank erosion are interrelated; therefore, both must be remain , it' - in check before a stable condition can ultimately be t ' ` * t-, - l-,'' established. In order to effectively address the problem, " t a broad investigation starting at the watershed level '* 45‘. '� must be undertaken that ultimately narrows to the :',. 3_ point of the stream bed and bank erosion. Once the t4-,.,_, - cause of erosion has been identified, erosion control _ measures can be designed to adequately address the problem. Project Understanding and Overall Approach Four specific locations have been identified for erosion stabilization feasibility studies in the RFP issued by the City of Eden Prairie in collaboration with the Lower Minnesota River Watershed District (LMRWD).The four Study Areas are as follows: Study Area 1 Study Area I is located south of the intersection of Charlson Road and Highway 212, immediately south of Riverview Road (Map Point 1257 according to the RFP). At this location, concentrated storm water discharge from a 24-inch corrugated steel pipe culvert crossing Riverview Road has caused excessive undercutting of the culvert apron and erosion within the ravine that lies immediately downstream. Downcutting of the ravine and mass wasting of the ravine banks is occurring rapidly as indicated by the exposed,steep-sloped banks. In some reaches, the depth of the ravine has reached an estimated 15 to 20 feet. Study Area 2 Study Area 2 consists of two locations within the same drainage course that are found south of both Highway 212 and Riverview Road,just west of Study Area 1 (Map Points 1259 and 1260 according to the RFP).At the upstream location, a degraded box culvert crosses Highway 212. Discharge from the box culvert has caused erosion immediately downstream of the structure. Storm water runoff from the box culvert is conveyed overland between Highway 212 and Riverview Road through a residential lot where it ultimately enters a 24-inch corrugated steel pipe. Concentrated storm water discharge from the culvert has caused excessive downcutting of the downstream channel, as well as undermining of the culvert outlet.The culvert currently projects out from the roadway embankment. While erosion is still occurring immediately downstream of the box culvert as indicated by the presence of unvegetated, vertical stream - channel walls, further erosion has been limited due to the presence ,N; a of well-rooted vegetation in „ -++ 's' r proximity to the downstream -.54r._. r : channel. Downcutting of the A.. ravine has reached a depth of approximately 15 feet. 4 :,h.� ;,- -.£f r- Erosion Stabilization M 2 FEASIBILITY STUDY Exhibit A Study Area 3 Study Area 3 is located along the Minnesota River southeast of the Allied Waste Landfill and south of the intersection of Riverview Road and Janine Place. The study area lies on an � outside bend of the Minnesota River and is distinguished by an approximate 30- to 40-foot sand bluff Another notable feature of the studyarea is thepresence of flowingspring P g } water at the base of the bluff. Spring water discharge , :" functions to carry sand toward the Minnesota River that has • eroded from the bluff above or at the base, effectively • '- causing the bluff to slough. Sandy soils, saturation due to the presence of ground water and frequent flooding are likely causes of perpetuating the excessive erosion at this location. Further sloughing or the bluff will encroach upon the existing right of way which contains frequently used pedestrian trails. f• . Study Area 4 Study Area 4 is located south of Pioneer Trail at Riverview • Road. The stream and stream bank immediately downstream of a 48-inch and 24-inch corrugated steel pipe (CSP) crossing Riverview Road, has experienced significant erosion. A wetland lies adjacent to the stream, causing saturated conditions within the stream banks.The saturated conditions within the stream banks appear to exacerbate the potential for more erosion. Each Study Area has unique stream bed and bank erosion problems that will require tailored designs for the ultimate correction of the previously described problems. An extensive data collection effort consisting of the assembly of existing studies and on-site survey information, paired with hydrologic and hydraulic modeling, will be performed for an in-depth analysis of watershed and site conditions.The determination of the causes for the documented erosion problems will be based upon the data collected, hydrologic and hydraulic modeling, and channel analysis. Once the root causes of the erosion problems have been identified, various solutions will be developed for each of the study areas. - SRF's approach has typically been to emphasize natural or bioengineered "soft" solutions over mechanical or "hard" solutions. With that in ',; mind, soft solutions will be explored that rely on natural stabilization techniques and „ ;; processes. However, hard solutions may also = need to be developed that utilize mechanical and armoring stabilization techniques.The `? " investigation of each Study Area will culminate th•'•'"� `_� . in the development of a study report that summarizes in detail the character of each site and recommended solution(s). Erosion Stabilization FEASIBILITY STUDY Exhibit A PROJECT APPROACH AND COORDINATION Our Approach The process utilized to arrive at a solution for each Study Area will vary with the available data and the degree of both stream bed and bank erosion. For instance, a greater emphasis will be placed on the hydrologic and hydraulic modeling of Study Areas 1, 2 and 4 where both stream bed and bank erosion are significant and thus the determination of flow depths and velocities are critical. Similarly, a greater effort will be placed in acquiring topographic data for Study Areas 3 and 4 where no contour data is available over Study Areas 1 and 2 where contour data is available.To simplify the description of the process utilized, we have developed a standard approach that will be modified to account for the unique nature of each Study Area.The project approach is described below and summarized in the Project Schedule. Detailed cost estimates developed for each Study Area have been included in the Fee Proposal. Our Team Due to the complex and distinctive interaction of erosion factors that are displayed throughout the four Study Areas, understanding root causes and recommending appropriate and effective solutions requires a great deal of expertise. Our team of engineers and technical experts includes highly skilled SRF staff and geotechnical experts from Gale-Tec Engineering. Together we represent many years of experience in just such projects and a wide range of expertise in both "soft" and "hard" erosion and bank stability solutions. SRF has been involved in stream bank erosion and ravine stabilization projects for many years. As can be seen from the attached project summaries, SRF has a broad range of experience in settings that are similar to the Study Areas that are part of this project. From solving end of pipe erosion challenges to designing bio-engineered stabilization solutions, SRF proffers its best and most experienced staff to work on this project. Gale-Tec's primary work is in the investigation and solution of unstable ground conditions. Experts with Gale-Tec have analyzed and resolved unstable ground, landslide and embankment erosion issues throughout the state and have addressed embankment stabilization challenges in many differing conditions. Both SRF and Gale-Tec personnel who will be assigned to this project are listed, together with their resumes, under the Project Personnel section. Recommended Project Schedule We believe that technical expertise and experience are best utilized and most effective when applied within a well defined process. In order to provide the best technical analysis and solutions, identification of responsibilities and interactions between the SRF team, the City and the LMRWD must be outlined. On the following page is a proposed process, in the form of a cross-functional flow chart, that outlines various tasks and actors.We believe that through a well defined process of data collection, analysis, collaboration and report writing, this project will be enormously successful. As noted later, we also recommend additional scope items as options to our base proposal. These optional items are included in the flow chart. Erosion Stabilization 4 FEASIBILITY STUDY Exhibit A PROJECT SCHEDULE JUNE 2007 JULY 2007 AUGUST 2007 6r x g 11 ii_ 7ii:Pit's1 g _ r Broh report review Sclea r arnAla ,..__\ alit f"-- 15 2 a I 7 Hose Proposal:Hydrology.hydr.dic modeling m caus at e onoysis mid recommended solutions,concept tdons,cast estimates, s Finalize repon and ncmparate o — ood explore funding sourcesfor each Study fuse . 2 recommended changes,local — funding options Base Pro osnl.Sian m D Y ,o k?nrar Final Reporr I . an Bose Proposal:Geatadmicol Imesegoaans Lpuano, Diipind Geolnd Report p 5—:r par:.ri.,w `$; 4 J .._._-.1 Key ® EE P�c�res, Oohanal Task!, Erosion Stabilization MI 5 FEASIBILITY STUDY Exhibit A Project Approach 1. Data Collection The following data must be collected, reviewed and summarized for each Study Area: • Past hydrologic and hydraulic (drainage) studies including, but not limited to those sponsored by LMRWD and the City of Eden Prairie. • Hydrologic and hydraulic models associated with above-referenced drainage studies. • Storm sewer and sanitary as-builts located with in the Study Areas, if available from the City of Eden Prairie. • Other utility data including, but not limited to gas,underground electric, fiber optic,etc. as available from the City of Eden Prairie or other sources. • Contour data for each of the Study Areas, if available from the City of Eden Prairie or Hennepin County. • Aerial images of the study area. • Stream gage data, if available from LMRWD, USGS, etc. • GIS data applicable to this study including, but not limited to - Watershed boundaries - Land use/land cover - Utility data 2. Study Site Survey The study site survey will be performed by a survey crew to obtain physical characteristics of the Study Areas and assisted by the project engineer and geologist for the ultimate problem evaluation and solution. Specific tasks include: • Perform site survey by survey crew. - Obtain maximum of six (6) channel cross sections at each Study Area for adequate representation of stream channel. - Obtain topographic data for Study Areas where existing data is not available. - Obtain channel profile through Study Area at points between cross sections and 100 feet beyond most downstream cross section. - Obtain,where relevant, the following structure data: o Upstream and downstream inverts. • Conveyance structure size, type, condition, etc. o Embankment profile. • Perform site visit by geologist and obtain two (2) soil borings. Soils will then be classified by the Unified Soil Classification System (USCS). Laboratory testing will include: - Soil grain size distribution - Calibrated penetrometer test - Torvane Shear test • Perform site visit by project engineer and obtain photographs capturing the essence of reported problem and causation if possible. Erosion Stabilization ■ 6 FEASIBILITY STUDY Exhibit A 3. Hydrologic and Hydraulic Modeling Using all data collected previously, hydrologic and hydraulic models will be developed for the determination of design discharges and evaluation of existing and proposed conditions.The hydrologic and hydraulic model, XP-SWMM, is expected to be utilized. • Develop hydrologic model for determination of design discharges. - Delineate contributing watershed(s). - Characterize contributing watershed(s) assuming the SCS Runoff Method, i.e. time of concentration, curve number, etc. - Run hydrologic model for design events: SCS Type II, 24-hour 2-, 10 and 100-year rainfall events. - Run hydrologic model for geomorphologic significant (bank-full) event. • Develop hydraulic model for determination of flow characteristics. - Incorporate survey and/or topographic data into hydraulic model. - Characterize hydraulic conveyance parameters, e.g. Manning's n. • Route previously determined hydrographs through hydraulic model. • Review hydrologic and hydraulic model for accuracy and representation of Study Area. • Summarize hydrologic and hydraulic results. 4. Channel Analysis Using all data obtained from the Study Site Survey, along with the hydrologic and hydraulic modeling effort, a channel analysis will be performed for the determination of the causes of erosion at each Study Area. In order to better understand both cause and effect, each Study Area will be classified using Rosgen's Geomorphic Characterization system. • Review all data collected and corresponding hydrologic and hydraulic model results for study area. • Classify Study Area by Rosgen's Gemorphic Characterization system. • Based on collected data and model results, determine the causation of erosion problem at Study Area. • Develop Technical Memorandum summarizing the results of the Channel Analysis. 5. Concept Alternative Development Concept alternatives will be developed for each Study Area.The concept alternatives will include the following: a. Concept plan for the selected alternative(s) b. Details for stabilization and grade-control options c. Cost estimates for each selected alternative Erosion Stabilization MI 7 FEASIBILITY STUDY Exhibit A 6. Report Preparation A Feasibility Study report will be prepared that will include details of the following topics: • Existing conditions for each Study Area including soil borings • Project need • Analysis of erosion and summary of causation • Concept plan for the selected alternative(s) • Details for stabilization and grade-control options • Determination of required permits • Cost estimates for each alternative • Potential sources of funding outside of the City of Eden Prairie and/or LMRWD Proposed Modifications to Scope Agency Coordination and Collaboration A successful project depends upon both technical analysis and collaborative decision making. Our base proposal as outlined above includes interaction and collaboration with the City and LMRWD during the solution concept development stage.This represents a minimalist approach. However, in addition to discussions aimed at reaching agreement regarding solutions, SRF recommends that further collaboration occur between the City, LMRWD and other state and local agencies such as the DNR as appropriate. Inclusion of additional agencies and stakeholders would be determined by the City and the LMRWD.This process would comprise joint preliminary analysis of findings and would result in agreement of root causes. Discussion format would include a presentation of findings by the SRF team, and an exploration together of other factors that may also contribute to each Study Area's erosion issue.This sets a firm foundation upon which the SRF team could then research and recommend effective solutions. Once all parties are in agreement about the root causes of erosion and ravine degradation we believe it is important to come together again to discuss preliminary solution recommendations. Finally, we have included time and scope to prepare presentations to the appropriate City and LMRWD boards.These three additional steps are included as optional tasks in the attached scope and cost proposal. Additional geotechnical analysis of Study Area#3 On recent projects completed by Gale-Tec for the Scott Soil &Water Conservation District and for the Wright County Highway Department for work along the Mississippi River, global slope stability was a concern. Since the soils in Study Area#3 appear similar, the potential for global stability movement as it relates to high water is a concern. As such, we suggest performing soil borings with a truck/track-mounted drill to a depth of 40 ft below the top of the bluff. For preliminary estimates, we anticipate drilling two borings. Soil samples will be recovered at five-foot intervals by the split-barrel sampling procedure. Soils will be examined by a geotechnical engineer and the soils classified based on texture, plasticity and grain size. Drained and undrained shear strength parameters would be estimated based on soil classification and standard penetration resistance values and then a simplified slope stability analysis performed using limit equilibrium procedures. Critical failure surfaces would be identified and remediation would be determined in order to provide the required factor of safety for the most cost effective solution. Erosion Stabilization 8 FEASIBILITY STUDY Elm Exhibit A THE SRF TEAM At SRF,we believe that a project's success relies on a team's ability to understand the project issues and support the client's expectations.Therefore,we build project teams that include a knowledgeable project manager supported by staff members with direct project experience. Our team is able to provide technical excellence resulting in a solution that provides a solid base to accommodate growing trends and future technical advances.The team assembled for this project is comprised of experienced professionals with the skills required to complete the master plan accurately, efficiently and on schedule. Short descriptions of key team members are included in this section in order to provide the City of Eden Prairie with a better understanding of the experienced team SRF has to offer. Full resumes for all proposed team members are provided in the Appendix.All staff members identified in this section are currently located in our Minneapolis office. David Filipiak, PE - Principal Our Principal-in-Charge, David, leads SRF's Water Resources Group, providing review and i p oversight with more than 23 years of experience in engineering and water resources planning. His expertise includes hydrologic and hydraulic modeling of both urban and rural watersheds, preliminary and final design for major storm sewer projects, regional and site-specific Best Management Practice design, and major wetland restoration projects. He excels at developing innovative storm water treatment solutions for a variety of settings. David has served on several technical advisory committees, including the Minnehaha Creek Hydrology and Hydraulics Study, Local Road Research Board studies on BMPs, and the MPCA Water Quality Sampling Protocol Study. Walter Eshenaur, PE - Senior Associate ta Walter has 18 years of experience in water resources, including hydrology, hydraulics and design of storm water management systems and energy dissipaters; flood routing; river channel realignment; highway and watershed erosion control methods and distribution and pumping systems. He also has experience assessing and treating water quality and applying innovative Best Management Practices and bioengineering solutions to the treatment of surface water runoff and stream channel stabilization. Some of Walter's completed projects include Baker Park Reserve Stormwater Erosion and Drainage Study,TH 212 Design-Build Water Resource Design, and TH 169 Water Resources. Eric Roerish, PE -Associate Eric has eight years of experience in developing and applying various hydrologic numerical and analytical models. He has worked on and managed several projects that focus on bridge design, channel and bridge protection design, flood mitigation design, preliminary drainage master plan production, NPDES treatment design, and review and analysis of stream gaging programs which J'r result in improvement recommendations. Troy Erickson, PE - Senior Engineer Troy has eight years of experience, including hydrologic, hydraulic, and water quality modeling; environmental documentation and permitting; watershed monitoring; and engineering design of stormwater conveyance and treatment systems. His hydrologic and hydraulic modeling experience includes extensive use of XP-SWMM for large-and small-scale urban and rural watersheds. In a similar capacity,Troy has used HEC-RAS extensively for the analysis of riverine systems. He has designed or assisted with the design of several storm sewer conveyance systems, best management systems, and bridges. Erosion Stabilization ■ 9 FEASIBILITY STUDY Exhibit A Ryan Jones, PE -Water Resources Engineer Ryan has six years of engineering experience in storm sewer and drainage design, Ihydrologic/hydraulic modeling,water quality modeling, permitting, and environmental investigations. He has completed numerous drainage design projects including the I-35W/TH 62 Crosstown Commons Reconstruction Final Drainage Design in Minneapolis and Richfield, Minnesota; the TCF Bank Stadium Bid Pack#1 Final Drainage Design and Storm Water Pollution Prevention Plan in Minneapolis, Minnesota; and the Luce Line Trail Drainage Improvements and Hydraulic Analysis for Pedestrian Bridge in Plymouth,Minnesota. Sean Jergens,ASLA- Landscape Designer/Planner lit After receiving his master's degree from the University of Minnesota, Sean began working as a graduate landscape architect. He has several years of experience in landscape architecture and urban design, including conceptual design, design development, and construction document 004preparation. In addition, Sean has developed a great deal of expertise in ecological stormwater 1_, ,„, management, native planting design, natural area restoration and soil bioengineering. Robert Diedrich - Senior GIS Specialist Bob has 14 years of experience in a wide variety of GIS applications, including spatial and non- spatial data, development analysis and GPS data collection. He provides mapping and analysis solutions for transportation projects and is responsible for digital data acquisition and .' coordination, base mapping, database management and spatial analysis. In addition, he applies new GIS tools for digital orthophotography analysis using state-of-the-art selective image decompression developed by Lizard Tech. Dean Dusheck, LS - Senior Associate Dean has more than 20 years of experience in all aspects of design surveys and land surveys, including determination of right of way for highways, roadways and railroads in both rural and urban areas. He oversees SRF's survey department and has regularly coordinated design surveys with subconsultants. He will use this experience to successfully complete the surveying tasks on this current project. Stephan Gale - Principal (Gale-Tec) Mr. Gale has over 20 years of experience in geotechnical engineering and offers both design services and construction testing services with his firm. His company, Gale-Tech Engineering, Inc. is a geotechnical and specialty civil engineering consulting firm. Gale-Tech is certified as a small business enterprise. Mr. Gale is well respected within the geotechnical field, known for being a nationally recognized expert. He has earned numerous awards for his innovative designs over soft ground. He will offer a great deal of insight in evaluating alternative methods of construction within the wetland areas of the project. Brent Theroux, PE - Project Engineer (Gale-Tec) Brent participates in a wide range of projects including subsurface explorations and geotechnical and geological investigations. He has served as project engineer and was involved with pneumatic pore pressure cell monitoring during construction of a 1H:1V geosynthetic reinforced slope during widening of TH 100 for Mn/DOT. His work on this project included evaluation of excess pore pressure development during construction, slope stability evaluations as. a result of changed conditions and subgrade issues. Erosion Stabilization ■ i o FEASIBILITY STUDY Exhibit A SRF EXPERIENCE Our previous work on similar projects gives us the understanding of the sensitive nature of the campground area and ensures that we are well-aware of the City of Eden Priarie's approach and goals for this project. Highlighted below are projects that have similar concerns as this project and demonstrate our abilities and innovation for developing successful project outcomes. Silverwood Park Development St. Anthony, Minnesota When Three Rivers Park District purchased the Salvation Army Silver Lake Camp in 2001, an exciting process began of determining the role of Silver Lake in the metropolitan park and open space system plan. Silver Lake, whose Salvation Army operation dates back to 1921, is comprised of 22 building structures on a 120-acre parcel in suburban Ramsey County.The rolling terrain, quality woodlands,water amenities, and open space in an urban environment provide an attractive setting for open space recreation. Renamed Silverwood, the camp will be a "special recreational area" that focuses on individual artists, art groups, school groups, and the general public in creating art inspired by nature or by simply enjoying art created by others but with a natural resource-based setting.Assisted by SRF, the Park District developed a master plan that envisions diverse site and building facilities that will host fine arts, folk arts, spoken art, performed art and other forms of artistic expression. In 2006, SRF led a multi-disciplinary team through development planning,a cultural resources assessment, and an evaluation of the buildings. In addition to the site development plan, specific water resources related challenges were also addressed.These included meeting surface water volume and rate control requirements and protection of a steep ravine that leads to the lakeshore. Our response to the ravine stabilization challenge is to, first, reduce surface water flow to the ravine through infiltration Best Management Practices (rain gardens) and,second, to provide a series of bio-engineered grade control enhancements in the form of rock checks that will not only ensure the ravine remains stable under high flows but is also aesthetically pleasing. _ t:�r,- +p' +i I art' _ s a • • *�R '� L °'t �� Erosion Stabilization 11 FEASIBILITY STUDY MIN Exhibit A Big Marine Park Reserve Washington County, Minnesota Big Marine Park Reserve's roots extend back at least 40 years beginning with the Metropolitan Council's Park Acquisition Plan and Program completed in 1967.That plan, along with the 1967 Washington County Comprehensive Plan, cast a vision for park land on Big Marine Lake. The notion of a regional park caught the attention of numerous groups, including the Nature Conservancy, Minnesota Parks and Trails Council, and Minnesota Department of Natural Resources. In 1987, a Master Plan for Big Marine Regional Park Reserve was developed and subsequently approved in 1988. The master plan conformed with a Park Reserve classification that restricts active recreation to 20 percent of the total park acreage with the remainder focused upon preservation of the resource base. Since the completion of the Master Plan,Washington County Park staff have established a critical mass of property ownership to foster park development. SRF worked with the County to complete the first phase and schematic development for the park reserve including such features as a swimming beach facility with family picnic areas and shelters, modern, group, and primitive campground facilities, park entrance facilities, boat launch areas,parking, trail development and park entrance drive and internal access roadway circulation Following the schematic development phase, SRF worked with County staff to finalize design development plans. We are currently in the permitting and construction document phase. Because of the sensitive environmental context within which the Park Reserve is set, a great deal of attention has been focused on the water resources, wetland impact and mitigation, and erosion control aspects of this project. Of particular interest to both the Washington County Park staff and regulators is the application of surface water runoff volume • • control and treatment in a effort to emulate pre-development conditions. In response, x °. i,; SRF designed a number of infiltration Best 7"' - Management Practices (BMPs) that address volume control while at the same time ,;` meeting water quality goals.These BMPs take the form of rain gardens and infiltration and filtration bio-swales. • 44 '' • Erosion Stabilization 12 FEASIBILITY STUDY MI Exhibit A TH 212 Design-Build Eden Prairie, Minnesota SRF is part of the fast-track design team that is working on the Mn/DOT TH 212 design-build project,which is addressing significant capacity deficiencies. Design-build differs from the traditional design-bid-build delivery method because design construction take place simultaneously under one contract, saving time and minimizing disruptions to the traveling public. More than 11 miles of four-lane controlled-access highway from Eden Prairie to Chaska, seven interchanges, and five overpass bridges will be designed and constructed as part of the project. Engineering began in May 2005, and construction is expected to be complete in Fall 2008. SRF provided highway, structural, water resource, and utility engineering and ITS services. Overall, water resource services being provided by SRF include completing storm sewer design, stormwater ponding design and surface water conveyances along the corridor. In addition, several creek re-alignments and ravine stabilization enhancements have been designed. Of particular note are the creek ravine stabilization solutions for the southwest branch of Bluff Creek where severe undercutting that currently is occurring could threaten roadway embankments. Our solutions to this challenge include bio-engineered slope stabilization techniques and creek channel stabilization utilizing rock checks and launching toe designs. • 4 rt �'� s --�C ;� . a. sr - - - - f'w �� ram'=. Erosion Stabilization II 13 FEASIBILITY STUDY Exhibit A Washington County Government Center Stormwater Management Plan Stillwater, Minnesota The Washington County Government Center, which includes three office buildings and three parking areas, is in need of expansion to accommodate the County's population growth. Realizing the need for expanded services, the County developed a plan in 2005 that included additional facilities on the campus. Using that redevelopment and expansion plan, SRF Consulting Group, Inc. developed a Stormwater Management Plan.This plan addresses illicit discharge, detection, and elimination; construction site runoff control;post-construction site runoff control; and pollution prevention/good housekeeping items. Initially, SRF completed a hydrologic and hydraulic evaluation of the site and stormwater conveyance systems based on survey information, hydrologic computations and discussions with facility management personnel. Upon completion, SRF conducted a stormwater analysis of the campus. Using the proposed redevelopment and expansion plans and the analyses completed early in the study, SRF determined water quantity and quality criteria that would apply directly to the Government Center. Upon completion of the Stormwater Management Plan, Washington County selected to stabilize a ravine in the southwest quadrant of the property and construct several ponds and grade control I ' structures within the 75-Uri-1R' ravine to meet the water 1 - quality and quantity i— criteria. Final design of 111 ® I ` this option is currently � _— 1 t underway with — -- — 4 r0.7 construction of the system expected to begin _ in the spring of 2007. a ', Erosion Stabilization II 14 FEASIBILITY STUDY Exhibit A Richard's Drive Outfall Analysis/Design Minnetonka, Minnesota The rolling topography within the City of Minnetonka has created a need to develop innovative measures to account for stormwater. SRF assisted city staff with the analysis and installation of a storm sewer outfall for one the many existing landlocked basins to provide protection of the existing homes, trees and property at Richard's Drive. XP-SWMM was used to model and identify various alternatives to the system of six ponds. Once an alternative was selected, the model was used to optimize the final design of the ponding system and the outfall pipe.The outfall pipe was installed using directional drilling techniques due to the sensitive nature of the landscape and to minimize temporary and long-term impacts to surrounding property owners. Staff assembled the final plans and specifications and provided construction administration services.The project was completed with minimal impact to the existing trees and infrastructure. Erosion Stabilization 1 5 FEASIBILITY STUDY Exhibit A Baker Park Reserve Stormwater Erosion and Drainage Study Maple Plain, Minnesota Over the last five decades, maintenance and recreational activities in the Baker Park Reserve campground has resulted in soil compaction leading to a reduction in the soil's ability to infiltrate naturally. SRF is assisting Three Rivers Park District in addressing these issues by performing a Drainage and Erosion Study. SRF is focusing on solving the specific erosion and downcutting issues by delivering a set of practical solutions that emphasize natural methods and aesthetics and will be feasible to implement, operate and maintain.The result of the study will consider reducing sediment and nutrient loads in Lake Independence. Through analysis of the watershed and providing recommendations to the Park District, SRF will ensure the Baker Park Reserve campground continues to be an ammentity for families to enjoy. With the initial phase of this project complete SRF is moving to Phase II of the project which addresses the ravine degradation.These steps involve turning conceptual layouts into preliminary construction plans (Design Development) and then into construction documents (Contract Documents).The final, ultimate step is to select a contractor to construct the selected BMPs. 41 t , r -i,i l ' _ •gip, t .1 y ' - ' a ,;,,, : ' F w' ;i FS..� .e.,.t: `fit Ilk YI.+ , s ,, tr,f4.‘ ,..,.._:1..4_7`-'NA-'*---.-.... . , . • Erosion Stabilization mg 16 FEASIBILITY STUDY Exhibit A Elm Creek Bank Stabilization Maple Grove, Minnesota Elm Creek suffers from increased runoff rates and volumes due to urbanization. Severe bank erosion threatened a number of locations along the recently constructed Elm Creek Regional Trail in Maple Grove. The Three Rivers Park District (TRPD) retained SRF to study the bank erosion issues and provide potential solutions. A bioengineered solution involving riprap to protect the toe and vegetated geogrids for higher flows was selected to stabilize the banks for four separate reaches that were experiencing slope failure.The design and construction techniques proved appropriate even when a large rainfall event occurred midway through construction. SRF staff worked closely with Hennepin Conservation District and TRPD staff to complete this project. r am- , A'41",�f �, �'1410 + j N r . • i a, _,dam^` o{ ,,4, r c f + F •f;r„ • M 4 1 k‘..„.: •.: , . .4' ' ....:' -,‘:.; : : "'-_.' 4' . ., 'V 41 N21i ' 7 .., t ,i .4/ 4 Apt, ..i ' ° liVt '''''''. -P .:4 .. - C .:, :':.::".:47. milk Erosion Stnbilizotion FEASIBILITY STUDY Exhibit A Elm Creek Scour Studies Elm Creek Park Reserve Maple Grove, Minnesota Elm Creek suffers from increased runoff rates and volumes due to urbanization. Scour at a number of trail bridges within the Elm Creek Park Reserve threatened to undermine the bridge abutments, and severe bank erosion threatened to undercut the adjacent trail. The Three Rivers Park District (TRPD) retained SRF to study the scour and bank erosion issues and provide potential solutions.The bridge waterway opening was modified by removing timber bridge components from the previous crossing, which were redirecting flows into the bank, and replacing it with large riprap.The bank stabilization involved a bioengineered solution involving riprap to protect the toe and vegetated geogrids for higher flows,which was used successfully in a previous bank stabilization project. Construction was completed in the winter for the scour project. SRF staff worked closely with Hennepin Conservation District and TRPD staff to complete this project. Y .00'. s 410 'ii ,; ' , - i min m :1:-.. e.f.177771, siellak,.g' 1 ili It 1 - -a El ., -! i - , .agli I-1 - . , 4 % Fa__,, , .,___ __ G ; .. , 7.. _ ,ram `- l - \ ...-..7 Vim...�t ll WA,' / T �a* • (. MIggr I • YY era*4 L bi.. Pra. i:h�' .y:.. - , :: • • _ - _ `..,. - ScMr;J Fes°'- yr ..._. „.,.. kior ., oF , :, ,,. - ,,,,,, :,,, „,..,,, , , r.,..... ... ,,r,.._ 11.1,:zi. gz, ,, - _ 4 i ` .r� I mo rr Erosion Stabilization M 18 FEASIBILITY STUDY Exhibit A East Street Bridge Replacement and Blue Earth River Realignment Blue Earth, Minnesota Providing additional access from downtown Blue Earth to developing portions of the city was a key objective of replacing the East Street bridge. The existing bridge had been closed to vehicle traffic for a number of years due to the effects of age and traffic deficiencies.The exiting approach embankment also encroached into the river valley, creating significant erosion problems as the channel bent through the existing bridge in the erosive soils. SRF designed a new bridge structure, provided hydraulic computations for the bridge and realigned the river channel. By studying the river morphology and a series of potential roadway alignments, we concluded that the optimum location for the realignment was likely in its original meander location. An innovative approach to stabilizing the banks was used,which used a combination of vegetative and mechanical elements to provide a more natural stream corridor. Bendway weirs, a variation of spur dikes, were used in the meanders to keep the relatively high flow velocities away from the erosive banks.The project involved significant coordination with the various permitting agencies and will be monitored by the local office of the Minnesota Department of Natural Resources for its constructability and effectiveness. . ,.. ti /r, 1>. •TNT • Y V Qom` t..4N " - - 1 ~4 - Erosion Stabilization 19 FEASIBILITY STUDY Exhibit A Harriet Island Regional Park Revetment Extension Saint Paul, Minnesota Harriet Island Regional Park is one of Saint Paul's oldest parks and is the centerpiece of a 3,000- acre riverfront parks system. SRF assisted the City of Saint Paul with the redevelopment of this very visible park located along the Mississippi River, which now attracts people to the river for entertainment, civic celebrations, and relaxation. A key aspect of the project was stabilizing the river bank adjacent to the park.A robust revetment design protects the river banks and the infrastructure in the park while also enhancing the park's aesthetics. For this particular project, SRF provided engineering services for the addition of 400 linear feet of riprap at the upstream end of Harriet Island. During the design phase of the revetment, SRF selected the proper stones,while balancing durability,cost, and aethestics.The goal of this stretch of revetment was to match the existing in-place bank protection. Overall, the design addressed the flow construction and abuse experience at the lead edge of the Island. SRF led a multidisciplinary team in designing the first phase of the$27 million park after working with a national landscape architecture firm to develop the schematic plan.The design of the revetment was one piece of Phase I of the Harriet Island project. r 1� r ..444m-. : 1 s- iFy •_ i'd—.111't 9 _ 1 1 i. Il1' war - i 1 40 I- .' ' 7 ill _.... ...r. 1,1.. r _ 'IL E_ _ I II .!,I .tea ��, ,• '. 7 - t_Sy 7Y- Erosion Stabilization MI 20 FEASIBILITY STUDY Exhibit A Rondo Tunnel Outfall - Shepard Road Saint Paul, Minnesota Tugboat operators for years negotiated barges through the Robert Street bridge —iiirile piers on the Mississippi River in Saint -- ahi'%k, Paul. During average storm events, the outfall from the Rondo Tunnel, which drains much of downtown Saint Paul and the I-94/I-35E corridor, would Ili. create a dangerous situation by creating a r' cross-current that was witnessed across the entire channel.Theo i to i� opportunity modify this condition occurred with the 1 reconstruction of Shepard Road. , _� SRF performed a feasibility study to identify potential energy dissipation for --- .'='' -the 2,800 cubic feet per second of water traveling within the 14-foot diameter tunnel. A St. Anthony Falls stilling basin - — �' ' design was utilized that slowed the water velocity from 16 feet per second to six . . feet per second,within the guidelines of the Corps of Engineers. Staging for — -- C. � �; removal of the existing structure while J r7. / J maintaining a conveyance system was a / major challenge of the design.The structure was constructed during the _ y'L winter of 2001. ' l , sT"'Z4 _ - r — - ,)` ---^'--` -i l 1 I, ,r) �1' 1 1' f1t If D1D111�1 ` — ng r ,— - - ': Lamems...0 1 :1 f. ( il I .- ' s � ?' n _ ,I c ;A : ,. '' yk ;?e,� .c ._ fit w Erosion Stabilization im ,i FEASIBILITY STUDY Exhibit A t ,fdo 4 4v 44 Yam. e• ! .. 1 • Geotechnical Investigation of Landslide along Sand Creek (Gale-Tec) Jordan, Minnesota The project site is located along the west bank of the Sand Creek in Jordan, Minnesota. A slope failure comprising approximately 400 feet along the banks of the Sand Creek occurred in March, 2006. The failure resulted in slope and surficial material to be deposited along the lower portions of the slope face. At its highest point, the slope in the failure area is approximately 75 ft in height. The exposed scarp and future failure potential threatened a residential structure at the top of the slope. A geotechnical investigation identified the upper slope soils to be comprised of fine sand and silty sand with gravel overlying a layer of silt. A stiff to very stiff gray silty clay was identified below the silt layer. Evidence from soil borings and visual observations indicated that groundwater within the slope soils contributed to extensive seepage through seams in the silty clay across the lower portions of the slope face. The seepage conditions contributed to a softening, or reduction of shear strength, for the lower slope clay soils. The softening, combined with heavier and saturated soils in the upper slope, contributed to a 70 ft high Mega Slump of the slope. Following a back-calculation assessment of the landslide to determine the cause of failure, multiple repair schemes were analyzed using slope stability principles. The most cost-effective approach that was selected and recommended for construction implemented a reinforced soil slope, or RSS, design. The RSS design included geogrid reinforcement within the slope to provide the required factor of safety and internal aggregate blanket drains to help alleviate existing seepage conditions. Erosion protection along the slope included seeded and fertilized topsoil to provide for a vegetated face and riprap along the lower slope portions. Erosion Stabilization MI 22 FEASIBILITY STUDY Exhibit A PROPOSED FEE AND SCOPE OF SERVICES On the following pages, we have included our proposed fee and detailed scope of services. Fees per Study Area Study Area 1 $20,072 Study Area 2 $20,558 Study Area 3 $21,612 Study Area 4 $20,640 Total for Study Areas $82,882 ADDENDUM Study Area 1 Reduced Scope ($4,931) 1. Simplify the data collection and H&H modeling to provide peak flows and velocities only (no volume analysis). 2. Reduce survey scope by reducing the amount of survey data to be obtained (ravine flowline and one or two cross sections only). 3. Reduce channel analysis scope by simplifying causation analysis based on peak flows only and eliminating channel classification. 4. Reduce reporting scope by simplifying report content and eliminating the draft report clerical work. Study Area 2 Reduced Scope ($4,695) I. Simplify the data collection and H&H modeling to provide peak Flows and velocities only (no volume analysis). 2. Reduce survey scope by reducing the amount of survey data to be obtained (ravine flowline and one or two cross sections only). 3. Reduce channel analysis scope by simplifying causation analysis based on peak flows only and eliminating channel classification. 4. Reduce reporting scope by simplifying report content and eliminating the draft report clerical work. Additional Geotechnical Analysis of Study Area 3 $7,060 Coordination and presentation of findings and permitting requirements between watershed, agencies and city $2,500 Revised Scope-Total Fee $82,816 Erosion Stabilization 23 FEASIBILITY STUDY CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda August 7, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.G. Leslie Stovring Ponds Edge Wetland Mitigation Project Public Works/Environmental Requested Action Move to: Approve the proposals from HTPO, Inc. and Prairie Restorations for completing the wetland mitigation requirements for a City-owned Outlot within the Ponds Edge Development at a total cost of$24,978. Synopsis The Riley-Purgatory-Bluff Creek Watershed District has determined that the wetland mitigation project completed by LandGeeks, LLC for the Ponds Edge Development is incomplete. Notice was sent to LandGeeks in November 2006 that all outstanding items must be completed by June 30, 2007 or the City would act upon the Cash Escrow for the project to complete any outstanding items. LandGeeks did not respond and the City Attorney's office recommended getting bids to complete the project. Three bids were received for the vegetation management and two for the consulting services. The low bids total $24,978 for four years of monitoring and vegetation management. Additional funds will be held until such time as the Watershed District determines that the project is complete. Background Information The City holds a cash escrow in the amount of$40,800 to cover the costs of the project. Items which are currently outstanding include: • As-built survey to verify that the mitigation area is adequate. • Property boundary survey to verify conservation easement locations. • Invasive vegetation within the Conservation Easement, wetland, wetland mitigation and wetland buffer areas must be managed, treated and/or removed. This would include reed canary grass, thistle and buckthorn. • All wetland and wetland buffer areas impacted by residents and construction activities must be restored, seeded and planted as required in the Developer's Agreement and Conservation Easement Documents. • Missing or damaged wetland buffer monuments must be replaced, • Native trees and shrubs proposed within the site restoration and wetland mitigation plans must be installed. This will include a mixture of choke cherry trees, red osier dogwood and silky dogwood. The total proposed cost includes $15,778 for Prairie Restorations for vegetation management, seeding and planting and $9,200 for HTPO for boundary surveys, as-built survey and wetland monitoring for the mitigation and buffer areas for a total of$24,978. Attachments Attachment I—HTPO Proposal Attachment II—Prairie Restorations Proposal Standard Agreement for Professional Services This Agreement is made on the 3IM day of atyi , 2007 , between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Hansen Thorp Pellinen Olson, Inc. , a Minnesota corporation (hereinafter "Consultant") whose business address is 7510 Market Place Drive, Eden Prairie, MN. 55344 Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional 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 professional services .by Consultant for Ponds Edge Monitoring and Annual Reports and Replacing Damaged Monuments hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work/Proposal. The Consultant agrees to provide the professional services shown in Exhibit "A" in connection with the Work. The terms of this standard agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions. 2. Term. The term of this Agreement shall be from August 1, 2007 through December 31, 2010 , the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $ 9,200.00 for the services 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 Consultant 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. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant 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. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: 1 A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. Owner's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant 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 Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City'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. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services performed prior to receipt of written notice from the City of such suspension, all as shown on Exhibit A. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described in Section 3B, and for other items when authorized in writing by the City. D. 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." 6. Project Manager and Staffing. The Consultant has designated_Laurie Johnson and Jan Anderson to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace these designated staff from the Project without the approval of the City. 2 7. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Hennepin County, Minnesota for professional services of the like kind. 8. Audit Disclosure. The Consultant shall allow the City or its duly authorized agents reasonable access to such of the Consultant's books and records as are pertinent to all services provided under this Agreement. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant 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. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the work identified in Paragraph 1. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant 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 Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Non-Discrimination. During the performance of this Agreement, the Consultant 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 Consultant 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 Consultant 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 Consultant 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. 3 13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 14. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 15. 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. 16. Entire Agreement. 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. 17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and 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. 18. 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. 19. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from a negligent act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees,-or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. 20. Insurance. A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for damage to property, including loss of use, which may arise out of operations by Consultant 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 coverage's and limits of liability specified in Paragraph 20 B. below, or required by law. This policy shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be the primary coverage in the event of a loss. The policy shall also insure the indemnification obligation contained in Paragraph No. 19. B. Consultant shall procure and maintain the following minimum insurance coverage's and limits of liability on this Project: 4 Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial Liability $1,000,000 property damage 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 Umbrella or Excess Liability $2,000,000 C. Professional Liability. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City, in the insured's capacity as the Consultant, if such legal liability is caused by a negligent act, error, or omission of the insured or any person or organization for which the insured is legally liable. Said policy shall provide an aggregate limit of$2,000,000. D. The Commercial General Liability policy shall be endorsed to have the General Aggregate apply to this Project only. E. The Commercial General Liability insurance required under this section applies on a per project basis, shall be written on an occurrence form and shall include coverage for Products/Completed Operations (extending two (2) years after completion of the Work, Broad Form Property Damage including Completed Operations, Personal Injury with Employment Exclusion (if any) deleted, Blanket XCU, Incidental Malpractice, Host Liquor Liability, and Blanket Contractual Liability insurance applicable to the Consultant's defense and indemnity obligations assumed by Consultant under this contract. Coverage will include both work in process (ongoing) and completed work (completed operations) CG2010 (11/85) or equivalent. Commercial General Liability insurance shall include "stop gap" coverage for work in those states where Workers' Compensation insurance is provided through a state fund if Employer's liability coverage is not available. Comprehensive Automobile Liability insurance required under this paragraph shall also include coverage for all owned, hired and non-owned automobiles. Workers' Compensation coverage shall include a waiver of subrogation against City. F. Consultant shall maintain in effect all insurance coverage's required under this Article at Consultant'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. G. The policy shall contain a provision that coverage's afforded there under shall not be canceled or non-renewed or restrictive modifications added, without thirty (30) days 5 prior written notice to Owner. A copy of the Consultant's insurance declaration page, Rider or Endorsement, as applicable, which evidences the existence of this insurance coverage naming the City as an additional insured, must be filed with City prior to the start of Consultant's Work. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City not less than ten (10) days prior to the expiration date of any of the required policies. City will not be obligated, however, to review such declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. 21. Records Access. The Consultant shall provide the City access to any books, documents, papers, and records which are directly pertinent to the specific contract, for the purpose of making audit, examination, excerpts, and transcriptions, for three years after final payments and all other pending matters related to this contract are closed. 22. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Reuse of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any reuse of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party reusing the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 23. Withholding Taxes. No final payment shall be made to the Consultant until the Consultant has provided satisfactory evidence to the City that the Consultant 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. 24. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from 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. 25. Audits. The books, records, documents and accounting procedures and practices of the Consultant 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 Contract. 6 26. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 27. 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. 28. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE City Manager FIRM NAME Hansen l harp Pifinen Olson, _L.nc°, Byc u: Q. Its: Prey i den 7 Engineering•Surveying T. Landscape Architecture Exhibit A July 31,2007 Leslie Stovring City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Subj: Ponds Edge Consulting Monitoring and Annual Reports for wetland, wetland mitigation, and wetland buffer areas. Eden Prairie, MN Dear Leslie: We propose to provide wetland monitoring services as described hereafter. ESTIMATE SCOPE OF SERVICE $1,500.00 As-Built Survey of Wetlands $1,000.00 Marking Property and Easement Boundaries Replacing 3-4 missing or damaged monuments $6,500.00 Wetland Monitoring for 2 Wetland Mitigation Areas and Wetland Buffer Annual report for four years (2007 - 2010) evaluating the wetland and wetland buffer strip to determine if the wetland and wetland buffer strip are in compliance with all City requirements. The annual report shall include the following: 7510 Market Place Drive Eden Prai ' , escrip ion o e project 952-829-0700 location, size, current wetland type 952-829-7806 fax (Cowardin classification), and desired wetland type (goal). HANSEN THORP PELLINEN OLSON, INC Stovring/Anderson July 31, 2007 Page 2 B. A comparison of the as-built specifications versus the design specifications (first annual plan only) and a rationale for significant changes. C. Hydrology measurements: seasonal water level elevations during the period April through October. D. A map of plant communities within the boundaries of the replacement site, including hydrologic indicators observed. E. Color photographs of the project area taken anytime during the growing season. $ 200.00 Customary reimbursable expenses (printing, courier, and other out-of-house services and documents) Invoices will be submitted based on actual hours worked using a 2.4 multiplier times direct personnel expense. We will keep you informed of our work progress and the above fee estimates will not be exceeded without prior approval from your office. Soil testing and TEP meetings and communications if required, will require additional fees. Stovring/Anderson July 31, 2007 Page 3 A 1.5% monthly fee will be charged to all invoices not paid after 30 days. Thank you for this opportunity to provide our services. Sincerely, Han -, horp Pellinen Olson, Inc. ; t ' ( (:,,y c) Ja, Wager Anderson Laurie John on,P.E. andscape Architect Principal July 23, 2007 An Outline of Procedures and Materials Needed to Establish and Maintain Native Vegetation in the Wetland Mitigation and Upland Buffer Areas at Pond's Edge, Eden Prairie, MN A. Project overview: 1. The Upland Buffer Areas will be treated with herbicide twice, seeded with U4, and mulched. 2. The Wetland Mitigation Area will be treated with herbicide where needed, and will be seeded with W3 and planted with potted native shrubs to establish acceptable native wetland vegetation. 3. Buckthorn will be removed and stump treated 4. A three year maintenance outline and estimate is included in this proposal. B. Site Preparation for the Upland Buffer Areas: 1. In areas with actively growing non-native vegetation apply Rodeo® and Garlon 3A®herbicide as per manufacturer's directions. Allow a minimum of 30 days before disturbing the vegetation with other procedures. 2. Conduct a controlled burn or mow to remove dead vegetation. 3. Till the soil to a depth of 4". 4. Allow vegetation to regrow and retreat with Rodeo® and Garlon 3A®herbicide as per manufacturer's directions. 5. Harrow or rake the soil to create a firm, smooth seedbed. C. Site Preparation for the Wetland Mitigation Area: 1. In areas with actively growing non-native vegetation apply Rodeo® and Garlon 3A®herbicide as per manufacturer's directions. Areas that are predominantly vegetated with native wetland species will not be sprayed. Allow a minimum of 20 days before disturbing the vegetation with other procedures. 2. Allow vegetation to regrow and retreat with Rodeo® and Garlon 3A®herbicide as per manufacturer's directions. 3. Harrow or rake the soil to create a firm, smooth seedbed. D. Seed and Seeding: 1. Seeding dates shall be in the spring or summer before August 16th or in the fall between September 20th and freeze-up. 2. All seed shall be applied by broadcasting. 3. A harrowing or raking shall follow the upland buffer grass seeding. All other seed will be broadcast on the surface. 4. The seed mixes shall consist of the following BWSR mixes and seeding rates: Buffer Area Seed Mix: U4 (15 lbs/acre) Wetland Mitigation Area Seed Mixes: W3 (8 lbs/acre) E. Erosion Control: 1. Cover crop is incorporated in the BWSR mixes. 2. The Upland Buffer will be mulched with clean straw at a rate of 2.0 tons per acre. F. Plants and Planting: 1. Immediately following the implementation of any erosion control measures, the wetland mitigation area will be further diversified with wetland seedlings. These will be planted in single species clusters in appropriate microhabitats, in designated areas of the project. 2. From the following lists a minimum of 12 species will be used. 3. Plant a total of 2000 seedlings in the Wetland Mitigation Areas. Wetland Wildflowers Sweet flag(Acorus calamus) Great blue lobelia(Lobelia siphilitica) Water plantain(Alisma subcordatum) Fringed loosestrife(Lysimachia ciliata) Canada anemone(Anemone canadensis) Monkey flower(Mimulus ringens) Swamp milkweed(Asclepias incarnata) Bishop's cap(Mitella diphylla) Panicled aster(Aster lanceolatus) Sensitive fern(Onoclea sensibilis) New England aster(Aster novae-angliae) Obedient plant(Physostegia virginia) Red-stalked aster(Aster puniceus) Mountain mint(Pycnanthemum virginianum) Marsh marigold(Caltha palustris) Green-headed coneflower(R. laciniata) Turtlehead(Chelone glaubra) Arrow-head(Sagittaria latifolia) Willow-herb(Epilobium coloratum) Golden ragwort(Senecio aureus) Joe-pye weed(Eupatorium maculatum) Cup plant(Silphium perfoliatum) Boneset(Eupatorium perfoliatum) Meadowsweet(Spirea alba) Grass-leaved goldenrod(Euthamia graminifolia) Woundwort(Stachys palustris) Bottle gentian(Gentiana andrewsii) Tall meadow rue(Thalictrum dasycarpum) Sneezeweed(Helenium autumnale) Ironweed(Vernoniafasciculata) Giant sunflower(Helianthus giganteus) Culver's root(Veronicastrum virginicum) Great St.John's wort(Hypericum pyramidatum) Blue marsh violet(Viola cucullata) Wild iris(Iris versicolor) Golden alexanders(Zizia aurea) Tall blazing star(Liatris pycnostachya) Wetland Grasses, Sedges, and Rushes Fringed brome(Bromus ciliatus) Tall manna grass(Glyceria grandis) Blue joint grass(Calamagrostis canadensis) Soft rush(Juncus effusus) Bottlebrush sedge(Carex comosa) Swamp satin grass(Muhlenbergia glomerata) Lake sedge(Carex lacustris) Green bulrush(Scirpus atrovirens) Wooly sedge(Carex lanuginosa) Wool grass(Scirpus cyperinus) Pointed broom sedge(Carex scoparia) Soft-stem bulrush(Scirpus validus) Tussock sedge(Carex stricta) Bur reed(Sparganium eurycarpum) Fox sedge(Carex vulpinoidea) Cord grass(Spartina pectinate) Spike rush(Eleocharis ovata) G. Trees and Shrubs: 1. Potted shrubs will be planted in areas designated on the plan. 2. An overall total of 61 shrubs will be planted from the following list: Species Size Qty. Silky dogwood(Cornus amomun) 1-3 gal 21 Red osier dogwood(Cornus sericea) 1-3 gal 17 Chokecherry(Prunus virginiana) 1-3 gal 25 H. Anticipated Management: Year Projected Management Procedures 2008 Complete site mowings(2 to 3 mowings). Integrated Plant Management(IPM)-spot spraying, spot mowing,hand weeding,etc. (2-3 visits) Reed canary grass control 2009 Dormant season mow. IPM(2-3 visits) Reed canary grass control 2010 Dormant season mow. IPM(2-3 visits) Reed canary grass control I. Costs: Upland Buffer and Wetland Area Seeding: Herbicide Treatments $885 Site preparation(includes burning,mowing,tilling and/or harrowing as needed) $1350 Seed(U4 and W3)and seeding as specified $1050 Mulching as specified $385 Provide and install wetland plants(2000 installed @$2.00 each) $4000 Provide and install shrubs(61 installed @$28 each) $1708 Total $9378 Optional silt fence removal $400 3 Estimated management costs: Growing season 2008 $2000 Growing season 2009 $2000 Growing season 2010 $2000 Please note: Management is typically billed on a time and materials basis. Work is billed upon completion until the site's maintenance needs are met(the yearly estimate is not exceeded without prior approval). J. Guarantee: Prairie Restorations, Inc. (PRI) has a great tradition of successfully installing native landscapes throughout the Upper Midwest. We feel our expertise in this industry is second to none and we stand behind every one of our projects. Because we are confident in our abilities to provide you with the best possible materials and services, we are proud to offer the following guarantee: On projects installed by PRI crews within the specified dates, we will guarantee successful establishment within three full growing seasons, given the following conditions: 1. That PRI materials and PRI installation services are used on the project. 2. That the failure of the project is not due to the actions of others. 3. That PRI staff has been consistently involved with the maintenance of the project(consultation with the client or direct utilization of PRI management services)from the time of germination until the end of the third growing season (i.e. mowing, spot spraying, controlled burning). This outline provides a step-by-step plan for accomplishing the restoration of this site. If successful establishment does not occur within three full growing seasons, all necessary steps will be taken to ensure the eventual success of the project, at no additional charge. For purposes of this guarantee, successful establishment is defined as follows: That the presence of at least 75%of the original seeded or planted species can be found on site, and that the overall density of vegetation is comprised of no less than 75%native species. K. Contract: If you accept the proposal as written and want to proceed with the project, please sign the contract below and return via mail or fax to 763-631-9453. Owner: Date Signed: Title Project: Contract Value: Contractor: Prairie Restorations, Inc. Signed: Date 4 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 7, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.H. Stuart A. Fox, Manager Award Contract for Construction of the Parks and Natural Resources County Road 4 Bike Trail Requested Action Move to: Award the contract for construction of the County Road 4 bike trail to Imperial Developers in the amount of$799,916.05. Synopsis This trail project is for construction of a bike trail on the west side of County Road 4 from Mere Drive northward to the Eden Prairie/Minnetonka border and the east side of the County Road 4 from Baywood Lane to Rainbow Drive and then from Park Terrace north to Birch Island Park. Funding for this project comes from the 2005 Park Bond Referendum which earmarked monies for construction of uncompleted trail segments throughout the City. Plans and specifications were prepared for this project and the City received a total of ten bids for the construction project. The engineers estimate was $1,206,145.50. The summary of the bids is as follows: Imperial Developers $799,916.05 Quiring Trucking & Excavating $890,109.90 Dirt Pro Equipment $891,750.00 DMJ Corporation $934,082.50 Kusske Construction $936,719.50 Sunram Construction $936,795.30 Midwest Asphalt $1,024,888.00 Rosti Construction $1,137,360.00 Barber Construction $1,248,133.50 Background City staff started this project nearly a year and half ago upon passage of the Park Bond Referendum. It was determined that one of the highest ranking needs was to complete the bike trail along the east and west sides of County Road 4 from the current trail terminus northward to connect with trails in the City of Minnetonka. During the neighborhood meeting phase it was determined that there were some obstacles; however, the consultant worked with several neighbors to come up with construction plans that minimize the impact on property owners adjacent to County Road 4. In addition, the City was able secure a cooperative agreement with Hennepin County for cost participation in this project. The County's approved contribution is $200,000 towards construction of this trail project. The original plan was to build the trail on the east and west sides in their entirety; Award Contract for Construction of the County Road 4 Bike Trail August 7, 2007 Page 2 however, during the original cost estimates, it was determined the project may run in excess of $2,000,000. Since there was only $2,000,000 in the approved bond referendum for trail construction, it was decided to scale back the trail project by eliminating a bridge over the railroad tracks south of Baywood Terrace and also to eliminate a very costly retaining wall section on the east side of County Road 4 between Rainbow Drive and Park Terrace. By making those reductions, the project was estimated to be about $1,200,000. Recommendation Staff recommends awarding the contract for construction of the County Road 4 bike trail to Imperial Developers in the amount of$799,916.05. Attachment Letter from HTPO Z 1 Engineering•Surveying 1.1 ;) Landscape Architecture July 11, 2007 Mr. Stuart Fox City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Construction Bids for County Road 4 Trail City Project No. 6750 Dear Stu, Bids were received and opened at 2:00 p.m. on July 10, 2007 for the above • referenced project. The bids are shown on the attached Bid Tabulation. The Engineer's Estimate was $1,206,145.50. The low bidder, Imperial Developers, Inc., came in 33% below the Engineer's Estimate at $799,916.05. We attribute the bid being low to the competitive bid environment. Recommendation is made that the City award Project No. 6750 for the bid amount of$799,916.05 to Imperial Developers, Inc. This recommendation considers that the City reserves the right to waive minor irregularities and further reserves the right to award the contract in the best interests of the City. Respectfully, Hansen Thorp Pellinen Olson, Inc. CI:11\Z ettz; a. „9-1/7„ 7510 Market Place Drive Laurie A.Johnson, P.E. Eden Prairie, MN 55344 Principal 952-829-0700 952-829-7806 fax Enclosure • HANSEN THORP PELLINEN OLSON, INC. CITY COUNCIL AGENDA I DATE: SECTION: Consent Calendar August 7, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.I. Police Department Hennepin County Justice Integration Subscriber Chief Rob Reynolds Agreement Execution Requested Action Move to: Approve the resolution authorizing the execution of the Hennepin County Justice Integration Subscriber Agreement. Synopsis The Police Department is requesting approval to enter into a subscriber agreement with Hennepin County in order to be connected to the County's integrated criminal justice information network(HC-CJIN), the Subject Identification and Locator Service (SILS) and the Court Calendar databases. Background These databases will provide criminal justice and criminal history information to police personnel. Attachment Resolution Agreement CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BE IT RESOLVED that the Eden Prairie Police Department enter into an agreement with Hennepin County to subscribe to the County's integrated criminal justice information network (HC-CJIN), the Subject Identification and Locator Service (SILS) and the court calendar databases. BE IT FURTHER RESOLVED that the Mayor and City Manager of Eden Prairie are hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf of the Eden Prairie Police Department. ADOPTED by the Eden Prairie City Council on August 7, 2007. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk Contract No. A071061 IIF,NNEPIN COUNTY JUSTICE INTEGRATION SUBSCRIBER AGREEMENT THIS AGREEMENT, made and entered into between the COUNTY OF HENNEPIN, a political subdivision of the State of Minnesota, hereinafter referred to as "COUNTY" and the City of Eden Prairie, 8080 Mitchell Road, Eden Prairie,Minnesota 55344, hereinafter referred to as "SUBSCRIBER"; This Agreement details the obligations and requirements placed on the SUBSCRIBER that is connected to the COUNTY's integrated criminal justice information network("HC- CJIN"), and specifically the Subject Identification and Locator Service ("SILS") and the Court Calendar databases. WHEREAS, SILS contains private and confidential criminal justice and criminal history information; and WHEREAS, access to SILS and the Court Calendar will be limited to those agencies and individuals granted access to this data pursuant to the Minnesota Data Practices Act; and WHEREAS, SUBSCRIBER desires connection to SILS and/or the Court Calendar database. WITNESSETH: NOW, THEREFORE,the parties hereto agree as follows: A. ACCESS. 1. The COUNTY shall allow the SUBSCRIBER file inquiry access to the HC-CJIN through SUBSCRIBER owned computer equipment operating in conjunction with the COUNTY computer system. 2. SUBSCRIBER will sign and submit to the COUNTY separate request forms regarding access to data files and databases contained in HC-CJIN. 3. SUBSCRIBER's access to data files and databases shall be limited to those that are identified in approved request forms, and SUBSCRIBER shall attempt to access such infozunation only according to instructions provided by the COUNTY. B. DATA. 1. SUBSCRIBER, its officers, agents, owners, partners, employees, volunteers and subcontractors agree to abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality, and as any of the same may be amended. 1 2. SUBSCRIBER will access information in SILS only as necessary to assist SUBSCRIBER in the efficient performance of SUBSCRIBER'S duties required by law in connection with its criminal justice obligations. SUBSCRIBER's access to SILS for personal or non-official use is prohibited. 3. No SUBSCRIBER will furnish to a non-criminal justice entity any information from SILS. Non-criminal justice entities must be referred to the originating agency for dissemination of information contained in SILS. 4. All personnel who have access to any of the interconnect equipment must be screened under the authority and supervision of the SUBSCRIBER. This screening will also apply to all maintenance personnel, contract technical personnel, and all other individuals having access to any of the interconnected equipment. 5. SUBSCRIBER shall advise each Authorized Employee of the restrictions upon use of SILS and disclosure of information from SILS contained in this agreement and the Minnesota Data Practices Act, and shall require each Authorized Employee who is permitted use of and/or access to SILS to acknowledge in writing that the individual has read and understands such restrictions. C. EQUIPMENT. 1. The SUBSCRIBER shall be solely responsible for selecting obtaining, installing, maintaining, repairing, modifying and/or replacing any equipment used to access or attempt to access the computer system. At SUBSCRIBER's request, the COUNTY will furnish information concerning equipment the COUNTY believes to be compatible for requested access. 2. The SUBSCRIBER agrees to install and maintain and keep up to date virus protection software and firewall technology on each personal computer or device being connected to the COUNTY's network. The SUBSCRIBER agrees to upgrade virus protection software, virus definitions and firewall technology to keep at the most current level. The SUBSCRIBER agrees to be responsible for any and all damages caused as a result of unauthorized access through the SUBSCRIBER's equipment and for any virus being transmitted to COUNTY computer systems through authorized or unauthorized use by the SUBSCRIBER. 3. During the term of this Agreement, the technical aspects of connections may change which may require change or action by SUBSCRIBER. SUBSCRIBER will receive notice of any required changes and will be expected to comply within the specified timeframe indicated in the notice. Unless absolutely necessary, specified timeframe should not be less than 30 days. 4. SUBSCRIBER agrees to protect and keep private and secure, any access passwords given to SUBSCRIBER, and to not release passwords to any unauthorized individual. The SUBSCRIBER agrees to be responsible for any and all damages caused as a result of unauthorized use of the access password(s) by any authorized or unauthorized individual. 2 D. PAYMENT. 1. The COUNTY shall set forth costs, billing information and type(s) of information which the COUNTY will permit the SUBSCRIBER to access in Exhibit A, attached hereto and made a part hereof by this reference. SUBSCRIBER will be billed by the COUNTY on a monthly basis and may be billed separately by the telephone company for the telephone or frame relay charges. Payment shall be made by SUBSCRIBER within thirty(30) days after, receipt of each said bill. Connection and telephone or frame relay charges shall be payable whether or not SUBSCRIBER has accessed the public information during any month SUBSCRIBER is permitted to access such public information. 2. During the term of this Agreement, the COUNTY may change any portion of the monthly-charges, provided that a thirty(30) day written notice be given to the SUBSCRIBER prior to the effective date of the change. Any such change will appear on the appropriate monthly billing, except that any telephone line or frame relay charge change shall not require written notice but shall be effective immediately and shall be payable when included in the monthly billing presented to SUBSCRIBER as provided herein. Additional connections and accesses to information may be requested in writing at any time. If access is authorized,the appropriate description and charges will be outlined in an exhibit bearing an exhibit letter_in proper sequence to Exhibit A, and be attached to and made part of this Agreement. 3. This Agreement shall commence on the date of its approval by the COUNTY and remain in effect until cancelled by either party. Rates charged for this service are reviewed annually by the COUNTY and rate changes take effect January 1st of each year. Notice of any rate changes affecting this service will be sent out 30 days prior to the effective date. These rate changes will take effect on the first of January. 4. SUBSCRIBER agrees that during the terau of this Agreement, in addition to the fees/charges provided herein to be paid, it will promptly pay all taxes, assessments and other governmental charges, if any, levied or assessed upon the services furnished hereunder to SUBSCRIBER, and SUBSCRIBER will promptly pay or reimburse the COUNTY for all taxes levied or assessed against and paid by the COUNTY on account of its furnishing services to SUBSCRIBER hereunder. 5. In the event the SUBSCRIBER shall fail duly and promptly to perform any of its obligations under the provisions of this Agreement, the COUNTY, at its option, may immediately, or any time thereafter, perform the same for the account of the SUBSCRIBER without waiving such default, and any amount paid or expense or liability incurred by the COUNTY in such performance, together with interest thereon at the highest maximum rate permitted by applicable law until paid by the SUBSCRIBER to the COUNTY, shall be payable by the SUBSCRIBER upon demand. 3 E. SERVICE INTERRUPTION. 1. It is understood and agreed that if it is determined by the COUNTY that it is necessary to allocate time and capacity utilization of the computer system in order to carry out COUNTY activities properly, the COUNTY may reduce or discontinue service for such length of time as the COUNTY may deem appropriate. The COUNTY, in good faith, shall endeavor to notify the SUBSCRIBER prior to any such service interruption whenever the COUNTY shall determine the pertinent circumstances reasonably permit such notification. F. HOURS OF OPERATION. 1. The hours of service furnished hereunder are subject to the provisions of this Agreement and generally limited to the business hours observed by the COUNTY at the Hennepin County Government Center and, therefore, will be observed as follows: (a). Monday through Friday- 8:00 a.m. to 5:00 p.m. (b). Service will not be available on holidays or other time off observed by the COUNTY. (c). The COUNTY reserves the right to change said business hours and shall give written notice to SUBSCRIBER of any such change. 2. Access to this service may also be available (at the COUNTY's sole discretion) at times beyond noiuial business hours. G. GRANT OF LIMITED LICENSE. 1. The County hereby grants SUBSCRIBER a non-exclusive, nontransferable and nonassignable limited use license to use the HC-CJTN,which includes self developed computer software under Minn. Stat. § 375.86, in connection with SUBSCRIBER'S official business. This license authorizes use by authorized SUBCRIBER employees and/or personnel pursuant to the terms of this Agreement. Said license shall commence on the date of approval of this Agreement by the County and shall extend throughout the term of the Agreement unless terminated sooner, in accordance with the provisions hereof. H. ACKNOWLEDGMENT OF PROPRIETARY INFORMATION RESERVATION OF TITLE. 1. The SUBSCRIBER acknowledges and agrees that the HC-CJIN is the exclusive property of the County, including, but not limited to, any and all indexes, and includes commercially valuable information which reflect the efforts of skilled development experts and required the investment of considerable amounts of time and money, and that the County has treated the HC-CJIN as trade secret and confidential information, which County entrusts to the Entity in confidence to use in the conduct of the SUBSCRIBER'S criminal justice activities. The SUSCRIBER further acknowledges and agrees the HC-CJIN is a creative selection, coordination, arrangement and method of arrangement of data which is identified as being subject to copyright protection; is self- developed computer software under Minn. Stat. § 375.86 and is an entire or substantial and discrete portion of a pattern, compilation, method, technique, process, data base or 4 system developed with significant expenditure of funds by County under Minn. Stat. § 13.03. The SUBSCRIBER agrees that the County owns and reserves all rights,protection and benefits afforded under federal copyright law in all HC-CJIN furnished to the SUBSCRIBER as unpublished works, as well as all rights, protection and benefits afforded under any other law relating to confidential and/or trade secret information respecting said HC-CJIN, and that the SUBSCRIBER will abide by all relevant laws, rules,regulations and decisions which afford protection to the County for its confidential and trade secret information and said copyright. This Agreement does not effect any transfer of title in or to HC-CJIN. SUBSCRIBER acknowledges that it is granted only a limited right of use of the HC-CJIIN , which right is not coupled with an interest, and the SUBSCRIBER shall not assert nor cause or cooperate with others to assert any right,title, or interest in HC-CJIN. I. NO GUARANTEE ON SERVICE. 1. The COUNTY does not warrant or guarantee the performance of the main computer system, the telephone lines and/or cabling, or any software and/or equipment in connection or in association with any or all of the foregoing, nor does the COUNTY warrant or guarantee any programming utilized in any of the above. Further, the COUNTY shall have no obligation or liability whatsoever concerning any aspect of the telephone line or frame relay lines. It is specifically understood by the SUBSCRIBER that changes and adjustments are made in the official records from time to time which may be in process at any given time; and, under the circumstances,the information received by the SUBSCRIBER will be subject to such changes and adjustments. Accordingly, errors or omissions may occur in the data received on or through the pertinent equipment utilized by or servicing the SUBSCRIBER. Further, the SUBSCRIBER specifically understands and agrees that the service furnished under this Agreement is subject to the temporary or permanent inability of the COUNTY to furnish either and also is subject to errors, omissions, damages,reductions, discontinuances, malfunctions, inoperativeness, scheduled downtimes, delays or interruptions which may be due to any one or a combination of a wide spectrum of causes. While the COUNTY shall endeavor in good faith to maintain a high degree of accuracy and efficiency in the services provided hereunder,the sole and exclusive remedy for any breach of this Agreement by the COUNTY and for COUNTY liability of any kind whatsoever, including but not limited to liability for nonperformance or any deficiencies with respect to said services, shall be limited to restoring the services and/or any deficiency in said service as is reasonably possible under the pertinent circumstances. SUBSCRIBER fully understands and agrees that the COUNTY may change, modify and/or replace said computer system and any components thereof including, without limitation, any related equipment, software, wiring and/or cabling, and that, incidental thereto, any such change, etc. could possibly extinguish or impair the compatibility between SUBSCRIBER's equipment and said computer system, thus necessitating,perhaps,the replacement of, changes to, and/or modification of SUBSCRIBER's equipment to access said computer system; and that in any such event the COUNTY will in no manner be liable for the costs and/or damages which are sustained by SUBSCRIBER and which are, in any respect, associated, directly or indirectly, with any or all of the foregoing occurrences but that SUBSCRIBER shall bear the full costs thereof. In no event shall the COUNTY be liable for actual, direct, indirect, special, incidental, consequential damages (even if the COUNTY has 5 been advised of the possibility of such damage) or loss of profit, loss of business or any other financial loss or any other damages. 2. Supplemental to and in no manner in limitation of the foregoing the following is set forth: The information furnished and to be furnished has been and shall be obtained from the COUNTY'S records and is believed to be reliable. But the accuracy, completeness, timeliness or correct sequencing of the information is not guaranteed by COUNTY. There may be delays, interruptions, omissions or inaccuracies in the receipt of the public information. The SUBSCRIBER agrees that the COUNTY shall have no liability, contingent or otherwise, for the accuracy, completeness,timeliness or correct sequencing of the data, or for any decision made or action taken by SUBSCRIBER in reliance upon the data. THERE IS NO WARRANTY OF MERCHANTABILITY,NO WARRANTY OF FITNESS FOR PARTICULAR USE, AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE INFORMATION OR ANY ASPECT OF THE SERVICE. J. TERMINATION OF AGREEMENT. 1. The County may terminate this Agreement immediately with or without cause. 2. It shall be deemed a breach of this Agreement: (a)If the SUBSCRIBER shall default in any payment due hereunder and such default shall continue for a period of ten (10) days after due; or (b) If SUBSCRIBER defaults or breaches any tenu or condition contained herein. 3. In the event of SUBSCRIBER's default or breach of this Agreement, as herein defined: (a) The COUNTY may cancel this Agreement upon written notice to SUBSCRIBER. (b) The SUBSCRIBER shall be liable for all costs, damages and losses incurred by the COUNTY on account of said breach and/or also in canceling or terminating this Agreement. (c) All sums due and to become due hereunder, at the COUNTY's option, shall become payable forthwith. (d) The COUNTY may also enforce specific performance of the applicable covenants of this Agreement by appropriate legal proceedings, as well as any other remedy herein provided. Should any legal proceedings be instituted by the COUNTY to recover any monies due or to become due hereunder, and/or to recover other damages sustained by the COUNTY on account of such breach,the SUBSCRIBER shall pay a reasonable sum as attorney's fees, as ordered by the court. 4. Provisions in this Agreement that by their nature are intended to survive the term, cancellation or termination of this Agreement shall survive indefinitely. 6 K. REMEDIES. 1. No right or remedy of the COUNTY hereunder shall be exclusive of any other right or remedy herein or by law, statute or equity provided, but each shall be cumulative and in addition to every other right or remedy, and shall be deemed to be continuing,none of which shall be exhausted by being exercised on one or more occasion and may be enforced concurrently or from time to time. L. INDEMNIFICATION. 1. The SUBSCRIBER shall defend, indemnify and hold the COUNTY harmless from any and all liability, claims, damages,judgments, costs (including reasonable attorneys' fees), demands or actions arising, directly or indirectly, out of any act or omission on the part of the SUBSCRIBER, its employees, officers, agents, contractors or representatives relating to the obtaining, use, and or possession of information provided hereunder, SUBSCRIBER's access to the computer system, including without limitation,the obtainment, installation/de-installation and/or existence of telephone lines and any and all activities related thereto, and/or relating to the ownership, use or operation of SUBSCRIBER's equipment and/or software and items relating to such software and/or equipment, and from all loss or liability by reason of failure of the SUBSCRIBER, in any respect,to perform fully or observe all obligations under this Agreement. M. NOTICE. 1. Any notice or demand, which may or must be given or made by a party hereto, under the terms of this Agreement or any statute or ordinance, shall be in writing and shall be sent registered or certified mail to the other party addressed as follows: TO SUBSCRIBER: Manager City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 TO COUNTY: Hennepin County Administrator A-2300 Government Center Minneapolis, MN 55487 Copy to: Division Manager Information Technology Operations A-015 Government Center Minneapolis,MN 55487 Either party may designate a different addressee or address at any time by giving written notice thereof as above provided. Any notice, if mailed, properly addressed,postage prepaid, registered or certified mail, shall be deemed dispatched on the registered date or that stamped on the certified mail receipt and shall be deemed received within the second business day thereafter or when it is actually received, whichever is sooner. Any notice delivered by hand shall be deemed received upon actual delivery. 7 N, ENTIRE AGREEMENT. 1. No oral agreement, guarantee,promise, condition, representation or warranty shall be binding; all prior conversations, agreements or representations related hereto are integrated herein, and no modification hereof shall be binding unless in writing and signed by the COUN i'Y. O. GOVERNING LAW. 1. This Agreement shall be governed by and construed under the laws of the State of Minnesota. Hennepin County shall be the appropriate venue and jurisdiction for any litigation arising hereunder, except that venue and jurisdiction in the Federal courts shall be in the appropriate Federal Court within the State of Minnesota. If any provision of the Contract is held invalid, illegal, or unenforceable, the remaining provisions will not be affected. • P. INDEPENDENT PARTIES. 1. It is agreed that nothing herein contained is intended or should be construed in any " manner as creating or establishing the relationship of joint ventures or co-partners between the parties hereto or as constituting the SUBSCRIBER as the agent,representative or employee of the COUNTY for any purpose or in any manner whatsoever. The SUBSCRIBER is to be and shall remain an independent SUBSCRIBER under this Agreement. Any and all personnel of the SUBSCRIBER or other persons, while engaged in the performance of any activity under this Agreement, shall have no Contractual relationship with the COUNTY and shall not be considered employees of the COUNTY. Q. NO WAIVER. 1. The COUNTY's failure to insist upon strict performance of any covenant, Agreement or stipulation of the Contract or to exercise any right herein contained shall not be a waiver or relinquishment of such covenant, Agreement, stipulation or right unless the COUNTY consents thereto in writing. Any such written consent shall not constitute a waiver or relinquishment of the future of such covenant, Agreement, stipulation or right. R. SUCCESSORS AND ASSIGNEES. 1. SUBSCRIBER binds itself, its partners, successors, assigns and legal representatives to the COUNTY for all covenants, agreements and obligations contained in the contract documents. 2. SUBSCRIBER shall not assign,transfer or pledge this Agreement and/or the services to be performed, whether in whole or in part, nor assign any monies due or to become due to it without the prior written consent of the COUNTY. A consent to assign shall be subject to such conditions and provisions as the COUNTY may deem necessary, accomplished by execution of a form prepared by the COUNTY and signed by SUBSCRIBER,the assignee and the COUNTY. Permission to assign, however, shall under no circumstances relieve SUBSCRIBER of its liabilities and obligations under the Agreement. 8 3. SUBSCRIBER shall not subcontract this Agreement and/or the services to be performed, whether in whole or in part, without the prior written consent of the COUNTY. Permission to subcontract,however, shall under no circumstances relieve SUBSCRIBER of its liabilities and obligations under the Agreement. Further, SUBSCRIBER shall be fully responsible for the acts, omissions, and failure of its subcontractors in the performance of the specified contractual services, and of person(s) directly or indirectly employed by subcontractors. Contracts between SUBSCRIBER and each subcontractor shall require that the subcontractor's services be performed in accordance with the terms and conditions specified. SUBSCRIBER shall make contracts between SUBSCRIBER and subcontractors available upon request. S. COMPUTER SECURITY. 1. SUBSCRIBER, its employees, officers, agents, contractors, representatives, subcontractors and/or assigns agree to comply with COUNTY's computing environment security policies and facility security policies, rules, regulations and directions. 2. SUBSCRIBER,having signed this Agreement, and Hennepin County having duly approved this Agreement on the day of . 20 , and pursuant to such approval,the proper County officials having signed this Agreement,the parties hereto agree to be bound by the provisions set forth herein. COUNTY OF HENNEPIN, STA lE OF MINNESOTA BY: Reviewed by the County Attorney's Office: Deputy/Associate County Administrator Date: Assistant County Attorney Date: SUBSCRIBER CITY - E RA , By:_ Its And: Its City organized under: Statutory Option A Option B Charter 9 EXHIBIT A to Contract A071061 2007 and 2008 Rates I. The COUNTY will provide inquiry-only access to one or more of the following information systems: • Hennepin Subject Identification and Locator Services (SILS) • Hennepin Calendar System 2. Billing Charges for all services will be billed monthly. 3. Usage Charges • For 2007, a fee of$19.00 per ID per month will be charged for each ID assigned. • For 2008, a fee of$21.00 per ID per month will be charged for each ID assigned. 10 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 7, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.J. Rick Wahlen Professional Services Agreements for Public Works/Utilities Distribution System Modeling Requested Action Move to: Approve Professional Services Agreements with Advanced Engineering and Environmental Services (AE2S) for performing a 2-year digital distribution system model of the Eden Prairie water system. Synopsis Summertime water consumption in Eden Prairie has increased 18 percent since the year 2000, and the ability of our water distribution system to adequately provide water for our public in various critical locations is greatly impacting our ability to maintain adequate water storage in the water towers. This summer we have tried a number of management techniques to improve the performance of the distribution system, however, it is apparent that our increasing water demand and growing population indicate there will be a greater and greater burden on our system. My recommendation to the Council is to approve the attached Professional Services Agreement with AE2S to conduct Phases I and II of a 2-year distribution system modeling project, in the amount of $88,700. This project will allow us to better manage our distribution system, and determine what changes are necessary to meet the increasing water demand in the future. Background Information Last summer, Hidden Ponds Water Tower was emptied several times in late July and August as the public water demand increased in response to hot-dry weather conditions. Subsequent to the system performance problems, we studied the distribution and storage systems internally, and decided to implement a number of system pressure management techniques to improve our ability to serve the public, and prevent Hidden Ponds Tower from running empty. These techniques greatly improved the overall operation of the system, and maximized our utilization of the available storage, however maximum demand days are increasing beyond our greatest expectations, and our operational changes were not sufficient to prevent Hidden Ponds Tower from being depleted on July 30th. An accurate water system computer model will simulate all the water flow and pressure characteristics throughout the community, and will provide the information needed to plan future system improvements and operational enhancements. Attachments • Standard Agreement for Professional Services, Phase I • Standard Agreement for Professional Services, Phase II rev.7/19/07 r Standard Agreement for Professional Services This Agreement is made on the 8th day of August, 2007, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Advanced Engineering and Environmental Services, Inc., (AE2S) a North Dakota Corporation (hereinafter"Consultant") whose business address is 6901 East Fish Lake Rd, Suite 184, Maple Grove, MN 55369 Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional 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 professional services by Consultant for Water Distribution System Hydraulic Model Phase I hereinafter referred to as the"Work". The City and Consultant agree as follows: 1. Scope of Work/Proposal. The Consultant agrees to provide the professional services shown in Exhibit "A" in connection with the Work. The terms of this standard agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions. 2. Term. The term of this Agreement shall be from August 8, 2007 through December 31, 2007, the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $48,400 for the services 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 Consultant 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. 1 B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant 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. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. • City Information., The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within 'a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. Owner's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions,receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City,on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: 2 A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant 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 Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City'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. B. Suspended Work. If any work performed by the.Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services performed prior to receipt of written notice from the City of such suspension, all as shown on Exhibit A. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described in Section 3B, and for other items when authorized in writing by the City. D. 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." 6. Project Manager and Staffing. The Consultant has designated Jason Benson and Brian Weiss to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace these designated staff from the Project without the approval of the City. 7. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Hennepin County, Minnesota for professional services of the like kind. 8. Audit Disclosure. The Consultant shall allow the City or its duly authorized agents reasonable access to such of the Consultant's books and records as are pertinent to all services provided under this Agreement and 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. Any reports,information, data, etc. given to, or prepared or assembled by the Consultant under 3 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. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because of the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the work identified in Paragraph 1 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant 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 Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Non-Discrimination. During the performance of this Agreement, the Consultant 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 Consultant 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 4 Consultant 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 Consultant 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. 13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 14. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 15. 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. 16. Entire Agreement. 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. 17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and 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. 18. 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. 19. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and 5 employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorneys, fees, resulting directly or indirectly from a negligent act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. 20. Insurance. A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for damage to property,including loss of use, which may arise out of operations by Consultant 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 coverage's and limits of liability specified in Paragraph 20 B. below, or required by law. This policy shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be the primary coverage in the event of a loss. The policy shall also insure the indemnification obligation contained in.Paragraph No. 19. B. Consultant shall procure and maintain the following minimum insurance coverage's and limits of liability on this Project: (List specific site on each certificate) Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial Liability $1,000,000 property damage 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 6 Liability $1,000,000 combined single limit Umbrella or Excess Liability $2,000,000 C. Professional Liability. The Consultant agrees to provide to the City a certificate evidencing that they have in effect,.with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City, in the insured's capacity as the Consultant, if such legal liability is caused by a negligent act, error or omission of the insured or any person or organization for which the insured is legally liable. Said policy shall provide an aggregate limit of$2,000,000. D. The Commercial General Liability policy shall be endorsed to have the General Aggregate apply to this Project only. E. Consultant shall maintain in effect all insurance coverage's required under this Article at Consultant'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. F. The policy or endorsement shall contain a provision that coverage's afforded there under shall not be canceled or non-renewed or restrictive modifications added, without thirty (30) days prior written notice to Owner. A copy of the Consultant's insurance declaration page, Rider or Endorsement, as applicable, which evidences the existence of this insurance coverage naming the City as an additional insured must be filed with City prior to the start of Consultant's Work. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City not less than ten (10) days prior to the expiration date of any of the required policies. City will not be obligated, however, to review such declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. 7 21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Reuse of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any reuse of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party reusing the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 22. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from 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. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. 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. 25. Counterparts. This Agreement may be executed in multiple counterparts each of which shall be considered an original. 8 Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager AE2S /al; By: _ Its: i?fz 6SIDCigT 9 EXHIBIT A PROPOSAL FOR WATER DISTRIBUTION SYSTEM HYDRAULIC MODEL PHASE I FOR CONSULTING AND DESIGN PROFESSIONAL SERVICES This is a proposal of July 17,2007,("Effective Date")to City of Eden Prairie, 14100 Technology Drive,Eden Prairie, MN 55344("OWNER")by Advanced Engineering and Environmental Services,Inc.,6901 East Fish Lake Road, Suite 184, Maple Grove, MN 55369 ("ENGINEER"). OWNER retains ENGINEER to perform professional services, in connection with Water Distribution System Hydraulic Model Phase I("Project"). OWNER and ENGINEER,in consideration of their mutual covenants as set forth herein,agree as follows: ARTICLE 1—ENGINEER'S SERVICES 3.02 If ENGINEER'S services are delayed or suspended in whole or in part by OWNER, ENGINEER shall be entitled to equitable adjustment of the time for performance 1.01 Scope and rates and amounts of compensation provided for elsewhere.in this Agreement to reflect reasonable costs A. ENGINEER shall provide the services set forth incurred by ENGINEER in connection with, among other in Exhibit SR-A. things, such delay or suspension and reactivation and the fact that the time for performance under this Agreement has B. Upon this Agreement becoming effective, been revised. ENGINEER is authorized to provide services as set forth in Exhibit SR-A. ARTICLE 4—PAYMENTS TO ENGINEER C. If authorized in writing by OWNER,and agreed to by ENGINEER, services beyond the scope of this 4.01 Methods of Payment for Services of ENGINEER. Agreement will be performed by ENGINEER for additional compensation. A. OWNER shall pay ENGINEER for services rendered under this Agreement an hourly amount not to ARTICLE 2-OWNER'S RESPONSIBILITIES exceed$48,400. 2.01 General B. The total estimated compensation incorporates all labor at Standard Hourly Rates and Reimbursable Expenses A. OWNER shall have the responsibilities set forth including Engineer's Consultants'charges,if any. herein and in Exhibit SR-A. 4.02 Other Provisions Concerning Payment ARTICLE 3—TIMES FOR RENDERING SERVICES A. Adjustments 1. ENGINEER's compensation is conditioned 3.01 ENGINEER's services will be performed within on time to complete the Assignment not exceeding the time period or by the date stated in Exhibit SR-A. the time identified in Exhibit SR-A if used, or as is otherwise reasonably required for such services. Proposal for Water Distribution System Hydraulic Model Phase I Page 1 of 3 Pages EXHIBIT A Should the time to complete the Assignment be extended due to reasons not the fault of and beyond the control of ENGINEER, the total compensation to ENGINEER shall be appropriately adjusted. 2. The. Standard Hourly Rate & Reimbursable Expenses Schedule will be adjusted annually(as of January 1ST)to reflect equitable changes to the compensation payable to ENGINEER. B. For Additional Services. OWNER shall pay ENGINEER for all services not included in the scope of this Agreement on the basis agreed to by the parties at the time such services are authorized by OWNER. ARTICLE 5—SUPPLEMENTAL CONDITIONS 5.01 Supplemental Conditions A. Notwithstanding, should there be any discrepancy between terms and conditions in this Proposal and the General Conditions of the City of Eden Prairie Consultant Agreement, the General Conditions of City of Eden Prairie Consultant Agreement shall prevail. ARTICLE 6—DESIGNATED REPRESENTATIVES 6.01 Contemporaneous with the execution of this Agreement, ENGINEER and OWNER shall each designate specific individuals as ENGINEER's and OWNER's representatives with respect to the services to be performed or furnished by ENGINEER and responsibilities of OWNER under this Agreement. Such individuals shall have authority to transmit instructions,receive information, and render decisions relative to the Assignment on behalf of their respective per'• ARTICLE 7—CONTENT OF AGREEMENT 7.01 The following Exhibits are incorporated herein by reference: A. Exhibit SR-A, "Further Description of Services,Responsibilities,Time,and Related Matters," consisting of three(3)pages. B. Exhibit SR-C, "Standard Hourly Rate and Reimbursable Expenses Schedule," consisting of one (1)page. Proposal for Water Distribution System Hydraulic Model Phase I Page 2 of 3 Pages Proposed by ENGINEER: By: Charles S.Vein,P.E. Title: President Date Signed: *--1 7 0 Address for giving notices: Advanced Engineering and Environmental Services,Inc. 6901 East Fish Lake Road,Suite 184 Maple Grove,MN 55369 Designated Representative(Paragraph 5.01): Name: Jason Benson,P.E. Title: Project Manager Phone Number: (763)463-5036 Facsimile Number: (763)463-5037 E-Mail Address: iason.bensonna,ae2s.com (Exhibit SR-A-Further Description of Services,Responsibilities,Time,and Related Matters) Page 0 of 3 Pages This is EXHIBIT SR-A,consisting of three(3)pages,referred to in and part of the Proposal dated July 17,2007. Further Description of Services,Responsibilities,Time,and Related Matters Specific articles of the Agreement are amended and supplemented to include the following agreement of the parties: A.1.01 ENGINEER's Services A. ENGINEER shall: 1. Consult with OWNER to define and clarify OWNER's requirements for the Assignment and available data. 2. Advise OWNER as to the necessity of OWNER providing data or services which are not part of ENGINEER's services,and assist OWNER in obtaining such data and services. 3. Identify, consult with, and analyze requirements of governmental authorities having jurisdiction relevant to the Assignment. 4. Perform the following tasks: Develop network assembly and perform field data collection for a hydraulic model that will be used;for identifying system deficiencies and designing proposed improvements for growth expansion within the water distribution system. The hydraulic model will assist in daily operations, emergency response planning, troubleshooting, and determination of the system's ability to deliver fire flows, evaluation of operating strategies for pumping and storage, and completion of water quality investigations. Phase I Tasks: A. Hydraulic Model Network Assembly: 1. Lead Project Kickoff Meeting to coordinate data collection. 2. Develop protocol for GIS transfer to the hydraulic model based on City's input. 3. Generate all-pipes hydraulic model from GIS data and paper maps. 4. Review and transfer updated modeling information back to GIS. 5. , Meet with key City staff on review of GIS and model integration. B. Water Distribution System Field Data Collection: 1. Lead Kickoff meeting to setup and collect background data from SCADA system. 2. Prepare for field testing. 3. Calibrate water,storage levels versus SCADA system(2"wutt, 4. Perform fire flow hydrant tests at one hundred fifty (1d$0) locations throughout the distribution system. 5. Perform pressure monitoring at twelve (12) locations throughout the distribution system for a period of thirty(30)days. 5. Perform or provide the following additional tasks or deliverables: None identified on the Effective Date of this Agreement. (Exhibit SR-A-Further Description of Services,Responsibilities,Time,and Related Matters) Page 1 of 3 Pages A.2.01 OWNER's Responsibilities A. OWNER shall do the following in a timely manner,so as not to delay the services of ENGINEER: 1. Provide all criteria and full information as to OWNER's requirements for the Assignment 2. '`Furnish to ENGINEER all existing studies, reports and other available: data pertinent to the Assignment, obtain or authorize ENGINEER to obtain or provide additional reports and data as required, and furnish to ENGINEER services of others as required for the performance of ENGINEER's services. The list of information needed is further described: A. Hydraulic Model Network Assembly: 1. Water distribution mapping(GIS and paper maps)to include: a. Pipe location and layout b. Pipe sizes c. Pipe material 2. Elevation information(digital contour map and hydrant elevations). 3. High service pump and clearwell information. a. WTP and pump room layout. b. Floor elevation of pump room c. High service pump curves 4. Water tower information. a. Base elevation. b. High and low water levels c. Tower manufacturer. d. Volume versus depth curves B. Water Demand Allocation and Hourly Demand Pattern: 1. Customer billing record information for individual meters (December 2006 through August 2007). 2. GIS information to assist linking billing record information with geo-referenced locations within GIS. 3. Historical water demands (daily WTP production) (High service pumping records based on a calibrated meter). 4. Background data from the SCADA system. C. Water Distribution System Field Data Collection: 1. Assistance with data collection from the WTP SCADA system (tower levels, flowrates, pressures). 2. Assistance with water tower level calibration. 3. Assistance from two City personnel for completion of fire flow tests and extended pressure testing. B. ENGINEER shall be entitled to use and rely upon all such information and services provided by OWNER or others in performing ENGINEER's services under this Agreement. C. Participate with ENGINEER and others as appropriate, in meetings and related activities associated with ENGINEER's Scope of Services. D. OWNER shall bear all costs incident to compliance with its responsibilities pursuant to this paragraph A.2.01. (Exhibit SR-A-Further Description of Services,Responsibilities,Time,and Related Matters) Page 2 of 3 Pages A.3.01 Times for Rendering Services A. Phase I Tasks shall be completed by December 31,2007. (Exhibit SR-A-Further Description of Services,Responsibilities,Time,and Related Matters) Page 3 of 3 Pages This is EXHIBIT SR-C, consisting of one page, referred to in and part of the Proposal dated July 17,2007. 2007 Standard Hourly Rate and Reimbursable Expenses Schedule The Hourly Fees and Expense Schedule is subject to review and adjustment annually as of January 1. Labor Rates Reimbursable Expense Rates Engineer I $80.00 Engineer II $90.00 Transportation(4x4) $0.55/mile Engineer III $105.00 Transportation(Auto) $0.55/mile Engineer IV $120.00 Survey Vehicle $0.65/mile Engineer V $130.00 Photocopies $0.10/copy Engineer.VI $140.00 Plots-Color Bond $1.25/s.f. Engineer VII $152.00 Plots-Monochrome Bond/Vellum $0.75/s.f. Plots-Film/Photo High Gloss $2.00/s.f. Project Manager $130.00 Digital Imaging $10.00/day Technical Expert I $160.00 Laser Printouts $0.20/page Technical Expert II $175.00 Color Laser Printouts/Copies $0.95/page Technical ExpertlII Negotiable Fax $1.00/page Projector $25.00/hour I&C Technician I $76.00 Total Station $10.00/hour I&C Technician II $86.00 Total Station-Robotic $35.00/hour I&C Technician III $96:00 Pro-XR GPS $15.00/hour I&C Technician IV $106.00 Fast Static/RTK GPS $50.00/hour I&C Technician V $118.00 All Terrain Vehicle/Boat $100.00/day I&C Technician VI $128.00 Hydrant Pressure Recorders $10.00/day Telemetry Radio $50.00/site Pressure Recorder $5.00/day Land Surveyor I $68.00 Outside Services* cost*1.15 Land Surveyor II $78.00 Out of Pocket Expenses** cost*1.15 Land Surveyor III $90.00 Rental Car cost*1.20 Land Surveyor IV $100.00 Land Surveyor V $112.00 Land Surveyor VI $130.00 * Includes laboratory testing,architectural and engineering Engineering Technician I $44.00 consultants,surveying,etc. Engineering Technician II $55.00 Engineering Technician III $67.00 ** Includes toll telephone,shipping,postage,subsistence, Engineering Technician IV $78.00 technical Iiterature,equipment rental,etc. Engineering Technician V $88.00 Engineering Technician VI $102.00 Engineering Technician VII $122.00 Marketing Consultant $80.00 IT System Administrator $110.00 CPA $115.00 Senior Consultant $130.00 Financial Analyst I $65.00 Financial Analyst II $80.00 Financial Analyst III $90.00 Financial Analyst IV $105.00 Financial Analyst V . $120.00 Administrative I $40.00 Administrative II $50.00 Administrative III $60.00 Administrative IV $70.00 Administrative V $78.00 Page 1 of 1 Pages (Exhibit SR-C-Standard Hourly Rate and Reimbursable Expenses Schedule) rev.7/19/07 r Standard Agreement for Professional Services This Agreement is made on the 8th day of August, 2007, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Advanced Engineering and Environmental Services, Inc., (AE2S) a North Dakota Corporation (hereinafter"Consultant") whose business address is 6901 East Fish Lake Rd, Suite 184, Maple Grove, MN 55369 Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional 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 professional services by Consultant for Water Distribution System Hydraulic Model Phase II hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work/Proposal. The Consultant agrees to provide the professional services shown in Exhibit "A" in connection with the Work. The terms of this standard agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions. 2. Term. The term of this Agreement shall be from August 8, 2007 through July 1, 2008, the date ' of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $40,300 for the services 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 Consultant 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. 1 B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant 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. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. Owner's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City,on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: 2 A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant 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 Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City'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. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services performed prior to receipt of written notice from the City of such suspension, all as shown on Exhibit A. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described in Section 3B, and for other items when authorized in writing by the City. D. 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." 6. Project Manager and Staffing. The Consultant has designated Jason Benson and Brian Weiss to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace these designated staff from the Project without the approval of the City. 7. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Hennepin County, Minnesota for professional services of the like kind. 8. Audit Disclosure. The Consultant shall allow the City or its duly authorized agents reasonable access to such of the Consultant's books and records as are pertinent to all services provided under this Agreement and 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. . Any reports, information, data,etc. given to, or prepared or assembled by the Consultant under 3 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. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because of the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the work identified in Paragraph 1. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant 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 Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Non-Discrimination. During the performance of this Agreement, the Consultant 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 Consultant 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 4 Consultant 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 Consultant 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. 13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 14. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 15. 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. 16. Entire Agreement. 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. 17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and 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. 18. 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. 19. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and 5 employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from a negligent act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. 20. Insurance. A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for damage to property, including loss of use, which may arise out of operations by Consultant 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 coverage's and limits of liability specified in Paragraph 20 B. below, or required by law. This policy shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be the primary coverage in the event of a loss. The policy shall also insure the indemnification obligation contained in Paragraph No. 19. B. Consultant shall procure and maintain the following minimum insurance coverage's and limits of liability on this Project: (List specific site on each certificate) Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial Liability $1,000,000 property damage 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 6 Liability $1,000,000 combined single limit Umbrella or Excess Liability $2,000,000 C. Professional Liability. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City, in the insured's capacity as the Consultant, if such legal liability is caused by a negligent act, error or omission of the insured or any person or organization for which the insured is legally liable. Said policy shall provide an aggregate limit of$2,000,000. D. The Commercial General Liability policy shall be endorsed to have the General Aggregate apply to this Project only. E. Consultant shall maintain in effect all insurance coverage's required under this Article at Consultant'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. F. The policy or endorsement shall contain a provision that coverage's afforded there under shall not be canceled or non-renewed,or restrictive modifications added, without thirty (30) days prior written notice to Owner. A copy of the Consultant's insurance declaration page, Rider or Endorsement, as applicable, which evidences the existence of this insurance coverage naming the City as an additional insured must be filed with City prior to the start of Consultant's Work. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City not less than ten (10) days prior to the expiration date of any of the required policies. City will not be obligated, however, to review such declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. 7 21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Reuse of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any reuse of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party reusing the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 22. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from 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. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. 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. 25. Counterparts. This Agreement may be executed in multiple counterparts each of which shall be considered an original. 8 i Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager AE2S -%BY: A I . Its: --" S f D 1'1 9 EXHIBIT A PROPOSAL FOR WATER DISTRIBUTION SYSTEM HYDRAULIC MODEL PHASE II FOR CONSULTING AND DESIGN PROFESSIONAL SERVICES This is a proposal of July 17,2007,("Effective Date")to City of Eden Prairie, 14100 Technology Drive,Eden Prairie, MN 55344("OWNER")by Advanced Engineering and Environmental Services,Inc.,6901 East Fish Lake Road, Suite 184, Maple Grove, MN 55369 ("ENGINEER"). OWNER retains ENGINEER to perform professional services, in connection with Water Distribution System Hydraulic Model Phase II("Project"). OWNER and ENGINEER,in consideration of their mutual covenants as set forth herein,agree as follows: ARTICLE 1--ENGINEER'S SERVICES 3.02 If ENGINEER's services are delayed or suspended in whole or in part by OWNER, ENGINEER shall be entitled to equitable adjustment of the time for performance 1.01 Scope and rates and amounts of compensation provided for elsewhere in this Agreement to reflect reasonable costs A. ENGINEER shall provide the services set forth incurred by ENGINEER in connection with, among other in Exhibit SR-A. things, such delay or suspension and reactivation and the fact that the time for performance under this Agreement has B. Upon this Agreement becoming effective, been revised. ENGINEER is authorized to provide services as set forth in Exhibit SR-A. ARTICLE 4—PAYMENTS TO ENGINEER C. If authorized in writing by OWNER,and agreed to by ENGINEER, services beyond the scope of this 4.01 Methods of Payment for Services of ENGINEER. Agreement will be performed by ENGINEER for additional compensation. A. OWNER shall pay ENGINEER for services rendered under this Agreement an hourly amount not to ARTICLE 2—OWNER'S RESPONSIBILITIES exceed an hourly amount not to exceed$40,300. 2.01 General B. The total estimated compensation incorporates all labor at Standard Hourly Rates and Reimbursable Expenses A. OWNER shall have the responsibilities set forth including Engineer's Consultants'charges,if any. herein and in Exhibit SR-A. 4.02 Other Provisions Concerning Payment ARTICLE 3--TIMES FOR RENDERING SERVICES A. Adjustments 1. ENGINEER's compensation is conditioned 3.01 ENGINEER's services will be performed within on time to complete the Assignment not exceeding the time period or by the date stated in Exhibit SR-A. the time identified in Exhibit SR-A if used, or as is Proposal for Water Distribution System Hydraulic Model Phase II Page 1 of 3 Pages EXHIBIT A otherwise reasonably required for such services. Should the time to complete the Assignment be extended due to reasons not the fault of and beyond the control of ENGINEER, the total compensation to ENGINEER shall be appropriately adjusted. 2. The Standard Hourly Rate & Reimbursable Expenses Schedule will be adjusted annually (as of January 1) to reflect equitable changes to the compensation payable to ENGINEER. B. For Additional Services. OWNER shall pay ENGINEER for all services not included in the scope of this Agreement on the basis agreed to by the parties at the time such services are authorized by OWNER. ARTICLE 5--SUPPLEMENTAL CONDITIONS 5.01 Supplemental Conditions A. Notwithstanding, should there be any discrepancy between terms and conditions in this Proposal and the General Conditions of the City of Eden Prairie Consultant Agreement, the General Conditions of City of Eden Prairie Consultant Agreement shall prevail. ARTICLE 6--DESIGNATED REPRESENTATIVES 6.01 Contemporaneous with the execution of this Agreement, ENGINEER and OWNER shall each designate specific individuals as ENGINEER's and OWNER's representatives with respect to the services to be performed or furnished by ENGINEER and responsibilities of OWNER under this Agreement. Such individuals shall have authority to transmit instructions, receive information, and render decisions relative to the Assignment on behalf of their respective party. ARTICLE 7--CONTENT OF AGREEMENT 7.01 The following Exhibits are incorporated herein by reference: A. Exhibit SR-A, "Further Description of Services,Responsibilities,Time, and Related Matters," consisting of three(3)pages. B. Exhibit SR-C, "Standard Hourly Rate and Reimbursable Expenses Schedule," consisting of one (1)page. Proposal for Water Distribution System Hydraulic Model Phase II Page 2 of 3 Pages EXHIBIT A Proposed by ENGINEER: „d/11.- V By: Charles S.Vein,P.E. Title: President Date Signed: 7'I ge.-0 7 Address for giving notices: Advanced Engineering and Environmental Services,Inc. 6901 East Fish Lake Road,Suite 184 Maple Grove,MN 55369 Designated Representative(Paragraph 5.01): Name: Jason Benson,P.E. Title: Project Manager Phone Number: (763)463-5036 Facsimile Number: (763)463-5037 E-Mail Address: jason.bensonna,ae2s.com Proposal for Water Distribution System Hydraulic Model Phase II Page 3 of 3 Pages This is EXHIBIT SR-A,consisting of two(2)pages,referred to in and part of the Proposal dated July 17,2007. Further Description of Services,Responsibilities,Time,and Related Matters Specific articles of the Agreement are amended and supplemented to include the following agreement of the parties: A.1.01 ENGINEER's Services A. ENGINEER shall: 1. Consult with OWNER to define and clarify OWNER's requirements for the Assignment and available data. 2. Advise OWNER as to the necessity of OWNER providing data or services which are not part of ENGINEER's services,and assist OWNER in obtaining such data and services. 3. Identify, consult with, and analyze requirements of governmental authorities having jurisdiction relevant to the Assignment. 4. Perform the following tasks: Establish water demand allocations, and calibrate a hydraulic model that will be used for identifying system deficiencies and designing proposed improvements for growth expansion within the water distribution system. The hydraulic model will assist in daily operations, emergency response planning, troubleshooting, and determination of the system's ability to deliver fire flows, evaluation of operating strategies for pumping and storage, and completion of water quality investigations. Phase II Tasks: A. Water Demand Allocation and Develop Hourly Demand Pattern: 1. Demand Allocation within Hydraulic Model. a. Obtain billing record information for individual meters. b. Link billing records with GIS based on geocoded address points. c. Verify large demand users are properly located within model d. Allocate demands from GIS/billing record information to nodes within hydraulic model. 2. Develop Hourly Demand Pattern. a. Setup and collect background data from SCADA system. b. Develop spreadsheet model incorporating SCADA data to determine hourly demands. c. Meet with large water users and discuss hours of operation and typical usage pattern. 3. Setup system demands within Hydraulic Model. a. Review high service pumping records and compare with billing records. b. Develop demand scenarios(max day,avg day,winter day,summer day). c. Incorporate demand information into hydraulic model. B. Hydraulic Model Calibration: 1. Review system operation from SCADA system. (Exhibit SR-A-Further Description of Services,Responsibilities,Time,and Related Matters) Page 1 of 2 Pages 2. Compile data from field testing 3. Setup hydraulic model and input background parameter information. 4. Run and calibrate model for extended period simulation(EPS). 5. Prepare technical memorandum to present model versus measured calibration results. 6. Prepare and provide calibrated hydraulic model to City. 5. Perform or provide the following additional tasks or deliverables: None identified on the Effective Date of this Agreement. A.2.01 OWNER's Responsibilities A. OWNER shall do the following in a timely manner,so as not to delay the services of ENGINEER: 1. Provide all criteria and full information as to OWNER's requirements for the Assignment. 2. Furnish to ENGINEER all existing studies, reports and other available data pertinent to the Assignment, obtain or authorize ENGINEER to obtain or provide additional reports and data as required, and furnish to ENGINEER services of others as required for the performance of ENGINEER's services. B. ENGINEER shall be entitled to use and rely upon all such information and services provided by OWNER or others in performing ENGINEER's services under this Agreement. C. Participate with ENGINEER and others as appropriate, in meetings and related activities associated with ENGINEER's Scope of Services. D. OWNER shall bear all costs incident to compliance with its responsibilities pursuant to this paragraph A.2.01. A.3.01 Times for Rendering Services A. Phase II tasks shall be completed by July 1,2008. (Exhibit SR-A-Further Description of Services,Responsibilities,Time,and Related Matters) Page 2 of 2 Pages This is EXHIBIT SR-C, consisting of one page, referred to in and part of the Proposal dated July 17,2007. 2007 Standard Hourly Rate and Reimbursable Expenses Schedule The Hourly Fees and Expense Schedule is subject to review and adjustment annually as of January 1. Labor Rates Reimbursable Expense Rates Engineer I $80.00 Transportation(4x4) $0.55/mile Engineer II $90.00 Transportation(Auto) $0.55/mile Engineer III $105.00 Survey Vehicle $0.65/mile Engineer IV $120.00 Photocopies $0.10/copy Engineer V $130.00 Plots-Color Bond $1.25/s.f. Engineer VI $140.00 Plots-Monochrome Bond/Vellum $0.75/s.f. Engineer VII $152.00 Plots-Film/Photo High Gloss $2.00/s.f. Project Manager $130.00 Digital Imaging $10.00/day Technical Expert I $160.00 Laser Printouts $0.20/page Technical Expert II $175.00 Color Laser Printouts/Copies $0.95/page Technical Expert III Negotiable Fax $1.00/page Projector $25.00/hour I&C Technician I $76.00 Total Station $10.00/hour I&C Technician II $86.00 Total Station-Robotic $35.00/hour I&C Technician III $96.00 Pro-XR GPS $15.00/hour I&C Technician IV $106.00 Fast Static/RTK GPS $50.00/hour I&C Technician V $118.00 All Terrain Vehicle/Boat $100.00/day I&C Technician VI $128.00 Hydrant Pressure Recorders $10.00/day Telemetry Radio $50.00/site Land Surveyor I $68.00 Pressure Recorder $5.00/day Land Surveyor II $78.00 Outside Services* cost*1.15 Land Surveyor III $90.00 Out of Pocket Expenses** cost*1.15 Land Surveyor IV $100.00 Rental Car cost*1.20 Land Surveyor V $112.00 Land Surveyor VI $130.00 * Includes laboratory testing,architectural and engineering Engineering Technician I $44.00 consultants,surveying,etc. Engineering Technician II $55.00 Engineering Technician III $67.00 ** Includes toll telephone,shipping,postage,subsistence, Engineering Technician IV $78.00 technical literature,equipment rental,etc. Engineering Technician V $88.00 Engineering Technician VI $102.00 Engineering Technician VII $122.00 Marketing Consultant $80.00 IT System Administrator $110.00 CPA $115.00 Senior Consultant $130.00 Financial Analyst I $65.00 Financial Analyst II $80.00 Financial Analyst III $90.00 Financial Analyst IV $105.00 Financial Analyst V $120.00 Administrative I $40.00 Administrative II $50.00 Administrative III $60.00 Administrative IV $70.00 Administrative V $78.00 Page 1 of 1 Pages (Exhibit SR-C-Standard Hourly Rate and Reimbursable Expenses Schedule) CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 7, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.K. Jay Lotthammer, Director Award bids for the Community Center Parks and Recreation Interior Architectural Woodwork and the Sports/Wood Flooring Requested Action Move to: Authorize approval of the bids as recommended by the Construction Manager for the Community Center interior architectural woodwork and the sports/wood flooring. Synopsis RJM Construction, the construction manager for this project has submitted a letter recommending the approval of bids for the Community Center interior architectural woodwork and the sports/wood flooring. Attachments Letter from RJM Construction, dated July 30, 2007 Bid Breakdown CONSTRUCTION July 30, 2007 Mr. Jay Lotthammer City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Eden Prairie Community Center Recommendations for Award of Contracts—Bid Package 1 (Final) City Council Meeting—August 7, 2007 Dear Mr. Lotthammer, RJM Construction (RJM)has completed its review of the bids received on March 15, 2007 for Bid Package 1. In addition to the bid reviews, we have also conducted scope reviews with the apparent low bidders from each bid category. Based on the results of these reviews we recommend to the City Council that they award the contracts for the final two (2) Bid Categories as listed on the attached Exhibit 1 dated July 30, 2007. You will note that for Bid Category 9B that Athletic Performance appeared to be the low contractor with a bid of$92,000. How&rer after further review it was noted that Athletic Performance did not acknowledge Addendum 4 of the Bid Documents. This addendum included requirements that materially changed the work scope of the bidders of this Bid Category. We therefore recommend that Athletic Performance's bid be disqualified and that the bid from the second bidder, Anderson Ladd be accepted for the additional amount of$363. If you should have any questions, please feel free to contact me. Sincerely, rian G. Recker Vice President 5455 HWY.169 PLYMOUTH,MN 55442 PHONE 763-383-7600 FAX 763-383-7601 www.rjmconstruction.com EXHIBIT 1 July 30,2007 Bid Package 1 RJM Recommended Bid Categories for Award- City Council Meeting August 7,2007 Alternates Accepted 1A,4B,7A,7B, 13C,M-2,E-1 and E-2 Public Bid Categories 6B-Interior Architectural Woodwork Aaron Carlson $ 120,123 9B-Sports/Wood Flooring Anderson Ladd $ 92,363 Total of Recommendations for Award $ 212,486 Eden Prairie Community Center Bid Tabulation Form Bid Date: Thursday, March 15, 2007 Bid Category: 9B Sports/Wood Flooring Contractor Bid Amount Addendums Noted Bid Security Alt#3b Total Athletic Performance $ 92,000 1 thru 3 Y N $ 92,000 Haldeman-Homme $ 120.900 1 thru 5 Y N $ (28,537) S 92.363 Beynon $ 129,000 1 thru 4 Y N $ (28,000) $ 101,000 Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Eden Prairie Community Center Bid Tabulation Form Bid Date: Thursday, March 15, 2007 Bid Category: 6B Interior Architectural Woodwork Contractor Bid Amount Addendums Noted Bid Security Alt#la Total Aaron Carlson $ 116,683 1 thru 5 Y N $ 3,440 $ 120,123 George F. Cook $ 150,200 1 thru 5 Y N $ 10,300 $ 160,500 Wilkie Sanderson $ 202,651 1 thru 4 Y N $ 202,651 Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda August 7, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.L. Scott H. Neal, City Manager Approve Assignment of Contracts for Community Center Renovation Project to RJM Construction Requested Action Move to approve the Assignment of contracts awarded by the City for the Community Center Reconstruction to RJM Construction. Synopsis Pursuant to the CMc contract between the City and RJM Construction, the City to is assign to RJM the contracts awarded by the City for the Community Center Renovation Project. Background At the last City Council meeting the Council assigned to RJM Construction the contracts awarded as of that date. Additional contracts are on the agenda at this meeting for the council to award. If the council awards those contracts, it is appropriate for the Council to also approve the assignment of those contracts to RJM Construction. Attachment Agreement between City of Eden Prairie and RJM Construction ASSIGNMENT OF CONTRACT THIS AGREEMENT is made as of 7th day of August, 20007, by City of Eden Prairie a Minnesota municipal corporation ("City"), and RJM Construction, a Minnesota corporation ("Contractor"). RECITALS: WHEREAS City and Contractor have entered into that certain Standard Form of Agreement Between Owner and Construction Manager dated as of March 27, 2007 whereby Contractor undertakes the construction management of project known as the "Eden Prairie Expansion and Renovation,Eden Prairie Community Center." A true and correct copy of the Contract is attached hereto as Exhibit"A." WHEREAS the Contract requires that City assign to Contractor all of City's rights in and to contracts for the construction of the Work (as defined in the Contract) which have been competitively bid and awarded by the City. NOW, THEREFORE, in consideration of the mutual promise and agreements made in the Contract and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged: 1. City hereby grants,transfers and assigns to Contractor all of its right,title and interest in and to the contracts identified on Exhibit 1 hereto. 2. The undersigned Contractor hereby consents to this Assignment and agrees to perform all of its obligations under the Contract for the benefit of City 3. This Assignment shall be binding upon and inure to the benefit of the City and Contractor and their respective heirs, successors and assigns, as the case may be. 4. This Assignment may be signed in more than one counterpart,together which shall constitute an original document. IN WITNESS WHEREOF, City and Contractor have executed this Assignment as of the above date. CITY OF EDEN PRAIRIE By: Phil Young Its: Mayor By: Scott H.Neal Its: City Manager RJM CONSTRUCTION, a Minnesota corporation By: Robert Jossart Its: President STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2007, by Phil Young and Scott H. Neal, the Mayor and City Manager respectively of the City of Eden Prairie, a Minnesota municipal corporation on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2007, by Robert Jossart, President of RJM Construction, a Minnesota corporation, on behalf of the corporation. Notary Public 2 THIS INSTRUMENT WAS DRAFTED BY: Richard F. Rosow, (93592) Gregerson, Rosow, Johnson&Nilan, Ltd 650 Third Avenue South, Suite 1600 Minneapolis, MN 55402 Telephone: (612) 338-0755 Facsimile: (612) 349-6718 3 EXHIBIT "1" TO ASSIGNMENT OF CONTRACT EXHIBIT 1 July 30,2007 Bid Package 1 RJM Recommended Bid Categories for Award- City Council Meeting August 7,2007 Alternates Accepted 1A,4B,7A,7B, 13C,M-2,E-1 and E-2 Public Bid Categories 6B-Interior Architectural Woodwork Aaron Carlson $ 120,123 9B-Sports/Wood Flooring Anderson Ladd $ 92,363 Total of Recommendations for Award $ 212,486 CITY COUNCIL AGENDA DATE: SECTION: Public Hearing August 7, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Vacation 07-05 ITEM NO.: IX.A. Denise Christensen Vacation of the Public Right-of-Way Public Works/Engineering Easement over Part of Canterbury Lane Requested Action Move to: • Close the Public Hearing; and • Adopt the resolution vacating the public right-of-way easement over part of Canterbury Lane. Synopsis The Property Owner has requested the vacation of a part of the public right-of-way easement adjacent to her property. Background Information The public right-of-way easement was originally dedicated to allow building of a cul-de-sac and the cul-de-sac will not be built. The Property Owner has maintained the part of the easement to be vacated as part of her yard. The vacation will not result in conflicts with installed utilities. Attachments • Resolution • Location Map • Site Plan • Published Notice • Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- VACATION OF THE PUBLIC RIGHT-OF-WAY EASEMENT OVER PART OF CANTERBURY LANE VACATION 07-05 WHEREAS, the City of Eden Prairie has (a) certain Public Right-of-Way Easement described as follows: Commencing at the most Northeasterly corner of Lot 4, Block 2, Kings Court Addition; thence Southerly along the East line said of Lot 4, a distance of 64.13 feet to the point of beginning of the parcel to be described; thence South 88 degrees 36 minutes 30 seconds West, a distance of 20.0 feet; thence Southerly along the East line of said Lot 4, a distance of 100.0 feet; thence on the extension East of the South line of said Lot 4, a distance of 20.0 feet; thence Northerly, a distance of 100.0 feet, to the point of beginning and there terminating. WHEREAS, a Public Hearing was held on August 7, 2007, after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; and WHERAS, the Council has been advised by City Staff that the proposed vacation of the above described Public Right-of-Way Easement has no relationship to the comprehensive municipal plan; and WHEREAS, it has been determined that the said Public Right-of-Way Easement is not necessary and has no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said Public Right-of-Way Easement described as: Commencing at the most Northeasterly corner of Lot 4, Block 2, Kings Court Addition; thence Southerly along the East line said of Lot 4, a distance of 64.13 feet to the point of beginning of the parcel to be described; thence South 88 degrees 36 minutes 30 seconds West, a distance of 20.0 feet; thence Southerly along the East line of said Lot 4, a distance of 100.0 feet; thence on the extension East of the South line of said Lot 4, a distance of 20.0 feet; thence Northerly, a distance of 100.0 feet, to the point of beginning and there terminating. is hereby vacated. 2. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on August 7, 2007. Phil Young, Mayor ATTEST: SEAL Kathleen Porta, City Clerk U pr: X P) V \ z �, O� HOLASEK \'� zI cQ c� cn LA. NlPLE\ gL D. ,-42• 3 Z .... r1 f Q 4. 9o, ...... OROU GH gy. w AVE. t PRO LAND RD. J AO) OHO tL_Ja.. / �STRATFORD W aNTORO: Q 7w �- w V , , 0 E % ( RGSIT , 7 cr W Q rC Q o9� Lv I- s c m °/N At mHOLLY RD. 6 49. GR w Ait\zRO ORy a. �, z J Ry JAM ES 0 ,,,,, Ra. 5 =P L. 7 �� 0• .CRO WN z o� p, 105. DR. Q ,� v rn SANp CT. o� �' ��' KERRY ~��vT— ____ i r 1 12 A 4-- co Q�'� Q .` � cF <<\ � �. <v7 v v P c13 y CREST HILL U78. q Z� vv' O m Ni F<(` R� �.. 117. -4) G,4 n ro BFF o ct w ( f -1 h'/VE <o /�4 `— o ,�, !A) OR ROBERTS .� / gyp,. r ' >-; %, :k cv cn a -7 • (-\ L:ri ,..,.0 1 v tVAC 07-05 NORTH LOCATION MAP FRANK R. CARDARELLE Land surveyor, Inc. Land Surveyor (952) 941-3031 6440 Flying Cloud Drive Eden Prairie, MN 55344 tizr t tf tca t of wa uv1 g Survey For Victoria Rolf Book Page File 5161 • 6890 Canterbury La. Eden Prairie, MN 55346 \ Scale: 1"=30' • Denotes Iron Mon.Found golf course fence �7,8 -- x r---T r f-enc :--* -.,w z33.ci"--_x '.--;. ik .,,� al-- 0 30 1 ib�° Q� . M `j • A�,,y, . 8.77 C2e:cve. 1 _/ 6 I ZO � I. 1-0* �� kri o 1 — I v \ h) e r t Ge Alti Oa x CC Sop y -;44 ' i U x *NV 't t'lr . - 6o,J-- ,� •.. :: 3o 1 7O, y:. - -.233.5-- - t. 15.1 C.B. CASTLE DRIVE • i^ f 1 e, 4/ Q TO BE VACATED 'd vl M . I Imo - `� / • Description: Lot 4, Block 2, Kings Court Addition, together with that part of vacated Canterbury Lane adjacent to said Lot 4, Block 2, Kings Court described as follows: Commencing at the most Northeast corner of said Lot 4, Block 2; thence South on the East line of said Lot 4, a distance of 64.13 feet to the point of beginning of the parcel to be described; thence West 20.0 feet; thence South 100.0 feet to the South line of said Lot 4; thence on the extension East of the South line of said Lot 4, distant 20.0 feet; thence North 100.0 feet to the point of beginning and there terminating. This plan, specification or report was prepared b me or under direct supervision, and that I am a duly Registered Land Surveyor in th tate of sota. Signed this 28th day of February , 2006. Frank R. Car relle State Reg.ncense No. 6508 • Locate Curb & Catch Basin. Date: ?28/2006 • VACATION 07-05 NOTICE OF VACATION OF PART OF THE RIGHT-OF-WAY EASEMENT OVER CANTERBURY LANE 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 August 7, 2007 at 7:00 p.m. to hear all persons present upon the proposed vacation of the Right-of-Way Easement described as follows: Commencing at the most Northeasterly corner of Lot 4, Block 2, Kings Court Addition; thence Southerly along the East line said of Lot 4, a distance of 64.13 feet to the point of beginning of the parcel to be described; thence South 88 degrees 36 minutes 30 seconds West, a distance of 20.0 feet; thence Southerly along the East line of said Lot 4, a distance of 100.0 feet; thence on the extension East of the South line of said Lot 4, a distance of 20.0 feet; thence Northerly, a distance of 100.0 feet, to the point of beginning and there terminating. By Order of the City Council Published in the Sun Current on July 19, 2007 NOTIFICATION LIST VACATION REQUEST 07-05 A copy of the Public Hearing Notice is to be sent to owners of the following parcels: 03-116-22-33-0010 03-116-22-33-0013 03-116-22-33-0014 03-116-22-33-0015 03-116-22-33-0021 A copy of the Public Hearing Notice is to be sent to the following Utilities: CenterPoint Energy Comcast Qwest Communications Xcel Energy CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims August 7, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X. Sue Kotchevar, Office of the Payment of Claims City Manager/Finance Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 165631 - 166343 Wire Transfers 2748- 2762 City of Eden Prairie Council Check Summary August 7,2007 Division Amount Division Amount General 36,510 521 Trails Referendum 265 100 City Manager 124 523 3rd Sheet of Ice 139,357 101 Legislative 1,477 601 Prairie Village Liquor 160,319 102 Legal Counsel 43,467 602 Den Road Liquor 258,258 104 Contingency 9,916 603 Prairie View Liquor 161,818 110 City Clerk 164 605 Den Road Building 1,252 111 Customer Service 12,523 701 Water Fund 151,054 112 Human Resources 819 702 Sewer Fund 258,744 113 Communication Services 7,262 703 Storm Drainage Fund 48,874 114 Benefits&Training 5,780 802 494 Commuter Services 28,733 116 Facilities 65,857 803 Escrow Fund 117,154 117 City Center 123,679 806 SAC Agency Fund 36,850 131 Finance 1,927 807 Benefits Fund 715,372 132 Social Services 8,610 810 Workers Comp Insurance 2,764 133 Planning 3,613 811 Property Insurance 206,557 135 Information Technology 589 136 Public Safety Communications 12,428 Report Totals 7,176,141 150 Park Administration 670 151 Park Maintenance 60,398 153 Organized Athletics 7,779 154 Community Center 10,727 155 Beaches 2,922 156 Youth Programs 8,463 157 Special Events 33,526 158 Adult Recreation 3,249 159 Recreation Administration 841 160 Therapeutic Recreation 594 161 Oak Point Pool 3,265 162 Arts 13,318 163 Outdoor Center 6,548 164 Park Rental Facilities 431 180 Police 17,831 183 Emergency Preparedness 66 184 Fire 11,269 200 Engineering 1,481 201 Street Maintenance 666,738 202 Street Lighting 59,551 203 Fleet Services 45,046 204 Equipment Revolving 88,453 300 Heritage Preservation Grants 2,340 301 CDBG 7,099 303 Cemetary Operation 1,152 304 Senior Board 106 308 E-911 1,522 312 Recycle Rebate 6,832 315 Economic Development 1,064,687 316 WAFTA 83 424 G.O.Improvement Bonds 2003D 35,341 427 2005 G.O.IMPR BONDS 350 429 G.O.Improvement Bonds 2005C 101,573 430 G.O.Improvement Bonds 2006A 159,219 431 G.O.Improvement Bonds 2006B 187,945 502 Park Development 238,442 503 Utility Improvement 34,143 509 CIP Fund 92,190 511 Construction Fund 3,122 513 CIP Pavement Management 17,320 515 Fire Station#4 8,901 517 212/Charlson Intersection 193 519 Community Center Referendum 1,138,195 520 Parks Referendum 410,102 City of Eden Prairie Council Check Register 7-Aug-07 Check# Amount Vendor/Explanation Account Description Business Unit 2748 18,577 DELTA DENTAL PLAN OF MN COBRA Health and Benefits 2749 31,491 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2750 168,370 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits 2751 12,359 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2752 16,378 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2753 98,064 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 2754 500 US BANK TRUST HRA Health and Benefits 2755 482 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Services 2756 30,006 MINNESOTA DEPT OF REVENUE Riley Lake Shelter Park Facilities 2757 35,341 US BANK TRUST NATIONAL ASSN Interest G.O.Improvement Bonds 2003D 2758 448,736 WELLS FARGO BANK MINNESOTA NA Interest G.O.Improvement Bonds 2006B 2759 1,873 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2760 3,521 WELLS FARGO MINNESOTA N A Federal Taxes Withheld Health and Benefits 2761 31,315 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2762 167,474 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits 165631 107 ANDON INC General 494 Corridor Commission 165632 62 COMCAST General 494 Corridor Commission 165633 221 DIERCKS,KATE General 494 Corridor Commission 165634 2,882 EXPRESS PERSONNEL SERVICES General 494 Corridor Commission 165635 153 FEDEX KINKO'S OFFICE AND PRINT General 494 Corridor Commission 165636 601 INDEPENDENT SCHOOL DISTRICT NO General 494 Corridor Commission 165637 495 INTERACTIVE STRATEGIES GROUP General 494 Corridor Commission 165638 20 INTERNET EXPOSURE INC General 494 Corridor Commission 165639 2,683 LEAGUE MN CITIES INS TRUST General 494 Corridor Commission 165640 302 MADISON,MELISSA General 494 Corridor Commission 165641 2,500 MESSERLI&KRAMER General 494 Corridor Commission 165642 11,856 MINNEAPOLIS DOWNTOWN COUNCIL General 494 Corridor Commission 165643 25 SOUTHWEST TRANSIT General 494 Corridor Commission 165644 475 SPARTAN PROMOTIONAL GROUP INC General 494 Corridor Commission 165645 130 VERIZON WIRELESS General 494 Corridor Commission 165646 1,150 WELLS FARGO BANK General 494 Corridor Commission 165647 1,058 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 165648 3,226 A-SCAPE INC Contract Svcs-Lawn Maint. Fire Station#3 165649 1,429 AMERICA'S VEBA SOLUTION Other Contracted Services Finance 165650 65 AMERICAN RED CROSS Training Supplies Pool Lessons 165651 99 AMERICAN WATER WORKS ASSOCIATI Training Supplies Utility Operations-General 165652 126 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 165653 200 APOGEE RETAIL LLC Other Contracted Services Recycle Rebate 165654 1,091 AQUA ENGINEERING INC Grounds Maintenance Water Treatment Plant 165655 3,940 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations-General 165656 235 AUGDAHL,KRIS Operating Supplies Summer Theatre 165657 110 AUTOMATED ENTRANCE PRODUCTS IN Building Repair&Maint. Prairie Village Liquor Store 165658 118 AVI SYSTEMS INC Video&Photo Supplies Communication Services 165659 75 BARNES,BELINDA A. Other Contracted Services Volleyball 165660 417 BAUER BUILT TIRE AND BATTERY Tires Fleet Services 165661 4,936 BELLBOY CORPORATION Operating Supplies Den Road Liquor Store 165662 487 BERTELSON OFFICE PLUS Office Supplies Utility Operations-General 165663 47 BLAKE,JANICE Cash Over/Short General Fund 165664 1,410 BLOOMINGTON,CITY OF Kennel Services Animal Control 165665 550 BOLD,PAULINE Instructor Service Outdoor Center 165666 170 BRAZIL,DAVE Mileage&Parking Water Treatment Plant 165667 259 BRINK,PATRICK Mileage&Parking Communication Services 165668 122 BRUENING,CHARLOTTE Landscape Materials/Supp Senior Center 165669 2,684 BUCK,NATHAN Other Contracted Services Softball 165670 501 BUNCH,DENISE H Instructor Service Fitness Classes 165671 5,252 CARLSON TRACTOR AND EQUIPMENT Machinery&Equipment Public Works 165672 417 CAT&FIDDLE BEVERAGE Wine Imported Prairie View Liquor Store 165673 2,231 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 165674 102 CENTERPOINT ENERGY Gas Fire Station#4 165675 4,731 CERTIFIED APPLIANCE RECYCLING Other Contracted Services Recycle Rebate 165676 80 CITI-CARGO&STORAGE CO,INC Other Rentals Summer Theatre Check# Amount Vendor/Explanation Account Description Business Unit 165677 688 CLAREYS INC Office Supplies General 165678 2,240 COMMUNITY ACTION PARTNERSHIP Refunds CDBG-Public Service 165679 1,181 CORPORATE EXPRESS Office Supplies General 165680 985 COURT SURFACES&REPAIR Seal Coating Round Lake 165681 9,299 CUTLER-MAGNER COMPANY Treatment Chemicals Water Treatment Plant 165682 295 DAVANNI'S PIZZA Operating Supplies Safety Camp 165683 8,541 DAY DISTRIBUTING Beer Den Road Liquor Store 165684 1,707 DECORATIVE DESIGNS INC Grounds Maintenance Water Treatment Plant 165685 13 DELEGARD TOOL CO Equipment Parts Fleet Services 165686 27,651 DIVERSE BUILDING MAINTENANCE Cleaning Supplies City Hall-CAM 165687 1,385 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 165688 117 EARL F ANDERSEN INC Signs Traffic Signs 165689 571 ELECTRIC MOTOR REPAIR INC Supplies-HVAC City Hall-CAM 165690 100 ETICA Wine Imported Prairie Village Liquor Store 165691 64 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 165692 66 FERRELLGAS Motor Fuels Fleet Services 165693 512 FOX LAWSON&ASSOCIATES Other Contracted Services Human Resources 165694 743 G&K SERVICES-MPLS INDUSTRIAL Janitor Service Utility Operations-General 165695 152 GENERAL REPAIR SERVICE Equipment Parts Water Treatment Plant 165696 791 GLACIAL RIDGE GROWERS Landscape Materials/Supp Park Maintenance 165697 175 GOVERNMENT FINANCE OFFICERS AS Dues&Subscriptions Finance 165698 128 GRAINGER Supplies-General Bldg Fire Station#1 165699 1,959 GRAPE BEGINNINGS Wine Domestic Prairie View Liquor Store 165700 621 GREENSIDE INC Contract Svcs-Lawn Maint. City Hall-CAM 165701 11,567 GRIGGS COOPER&CO Transportation Den Road Liquor Store 165702 54 GRONES,KARA Mileage&Parking Tree Disease 165703 1,796 GROUP HEALTH INC-WORKSITE Employee Assistance Organizational Services 165704 670 HANSEN THORP PELLINEN OLSON Other Contracted Services Planning&Development 165705 2,916 HAWKINS INC Treatment Chemicals Water Treatment Plant 165706 89 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Water System Maintenance 165707 31 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Guide Plan 165708 200 HENNEPIN COUNTY TREASURER Conference Expense Engineering 165709 350 HENNEPIN TECHNICAL COLLEGE Other Rentals Recycle Rebate 165710 141 HENRY,PAUL Other Contracted Services Volleyball 165711 330 HOLMES,JOHN CARTER Other Contracted Services Softball 165712 176 HOLMES,TOM Other Contracted Services Softball 165713 2,500 HOMELINE Refunds CDBG-Public Service 165714 320 HORGAN,KEVIN M Tuition Reimbursement/School Organizational Services 165715 1,103 HUTTER,MICHAEL Tuition Reimbursement/School Organizational Services 165716 33 HYDROLOGIC Repair&Maint.Supplies Park Maintenance 165717 474 ICI DULUX PAINT CTRS Operating Supplies Water Treatment Plant 165718 158 IND SCHOOL DIST 272 Printing Special Events Administration 165719 554 INNOVATIVE LANDSCAPE SUPPLY IN Grounds Maintenance Water Treatment Plant 165720 136 JANEX INC Cleaning Supplies Fire Station#4 165721 19,116 JJ TAYLOR DIST OF MN Beer Den Road Liquor Store 165723 31,914 JOHNSON BROTHERS LIQUOR CO Transportation Den Road Liquor Store 165724 125 KEATING,MARY Mileage&Parking Planning 165725 1,665 KEEPERS Clothing&Uniforms Police 165726 700 KEISKI,DAVID Other Contracted Services July 4th Celebration 165727 66 KRAEMERS HARDWARE INC Operating Supplies Park Maintenance 165728 156 LAB SAFETY SUPPLY INC Repair&Maint.Supplies Water System Maintenance 165729 1,462 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Fire Station#1 165730 2,175 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Workers Comp Insurance 165731 200,521 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 165733 2,518 M W WATERMARK Equipment Parts Water Treatment Plant 165734 84 M.AMUNDSON LLP Misc Taxable Den Road Liquor Store 165735 50 MACQUEEN EQUIPMENT INC Equipment Parts Storm Drainage 165736 165 MARGRON SKOGLUND WINE IMPORTS, Wine Imported Den Road Liquor Store 165737 21,833 MARK VII Beer Prairie Village Liquor Store 165738 87 MENARDS Operating Supplies Park Maintenance 165739 128 MERLINS ACE HARDWARE Operating Supplies Park Maintenance 165740 1,132 METRO FIRE Protective Clothing Fire 165741 2,920 METRO SALES INCORPORATED* Office Supplies General 165742 900 MIDDLE SPUNK CREEK BOYS,THE Other Contracted Services Staring Lake Concert 165743 4,452 MIDWEST ASPHALT CORPORATION Repair&Maint.Supplies Storm Drainage Check# Amount Vendor/Explanation Account Description Business Unit 165744 234 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 165745 568 MIDWEST OVERHEAD CRANE Equipment Testing/Cert. Water Treatment Plant 165746 1,415 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 165747 7 MINN OFFICE OF ENTERPRISE TECH Other Contracted Services Police 165748 80 MINNESOTA DEPT OF AGRICULTURE Lime Residual Removal Water Treatment Plant 165749 35 MINNESOTA GLOVE INC Equipment Parts Fleet Services 165750 275 MINNESOTA HUMAN SERVICES Other Contracted Services Park Maintenance 165751 345 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance 165752 1,390 MINNESOTA SAFETY SERVICES LLC Recreation Supplies Pool Lessons 165753 3,025 MOORE FUN INC Other Contracted Services July 4th Celebration 165754 112 MORROW,JAMES Tuition Reimbursement/School Police 165755 3,029 MTI DISTRIBUTING INC Equipment Parts Fleet Services 165756 480 MULCAHY COMPANY INC Equipment Parts Water Treatment Plant 165757 108 NEW FRANCE WINE COMPANY Wine Imported Den Road Liquor Store 165758 248 NINETYNINE BOTTLES Beer Prairie View Liquor Store 165759 939 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Services 165760 5,180 NORTHSTAR MUDJACKING SPECIALIS Repair&Maint.Supplies Storm Drainage 165761 350 O'NEILL,CAITLIN Other Contracted Services Summer Theatre 165762 33 OLSEN COMPANIES Operating Supplies Traffic Signals 165763 100 OTTERNESS,RON Instructor Service Outdoor Center 165764 189 PAIGE,LARRY Mileage&Parking Water Treatment Plant 165765 4,566 PAUSTIS&SONS COMPANY Wine Imported Prairie View Liquor Store 165766 200 PETTY CASH Petty Cash&Change Funds Den Road Liquor Store 165767 272 PETTY CASH-POLICE DEPT Travel Expense Police 165768 9,979 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 165769 1,020 POMP'S TIRE SERVICE INC Tires Fleet Services 165770 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 165771 2,004 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Garden Room Repairs 165772 193 PRAIRIE RESTORATIONS INC Improvement Contracts 212/Charlson Rd.Intersectio 165773 627 PRECISION FINISHING Signs Traffic Signs 165774 1,507 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 165775 108 PUNTON,JASON Mileage&Parking Water Treatment Plant 165776 2 PUTNAM,PAT Program Fee Trips 165777 74 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 165778 21,209 QUALITY WINE&SPIRITS CO Liquor Den Road Liquor Store 165779 1,666 QWEST Telephone Sewer Liftstation 165780 1,098 R&R SPECIALTIES OF WISCONSIN Repair&Maint-Ice Rink Ice Arena Maintenance 165781 500 RAY,LEE Other Contracted Services Softball 165782 217 RIGHTWAY GLASS INC Equipment Repair&Maint Fleet Services 165783 180 RUMPCA CO INC Waste Disposal Tree Removal 165784 193 SAFETY SIGNS Signs Park Maintenance 165785 268 SCHARBER&SONS Equipment Repair&Maint Fleet Services 165786 572 SCHWARTZ,DONALD Other Contracted Services Softball 165787 230 SCOTT COUNTY Deposits Escrow 165788 71 SEVENICH,WENDY Mileage&Parking Community Center Admin 165789 931 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Den Road Liquor Store 165790 3,164 SHANK CONSTRUCTORS INC Process Control Equipment Water Treatment Plant 165791 221 SHERWIN WILLIAMS Equipment Repair&Maint Traffic Signals 165792 61 SHRED-IT Waste Disposal City Center Operations 165793 175 SIGNSOURCE Signs Miller Park 165794 21 SOFTWARE HOUSE INTERNATIONAL I Software Information Technology 165796 295 SOUNDS GREAT Operating Supplies Safety Camp 165797 509 SPS COMPANIES Supplies-Plumbing Community Center Maintenance 165798 16 STAR TRIBUNE Dues&Subscriptions Prairie View Liquor Store 165799 42 STEEN,ANN Operating Supplies Summer Theatre 165800 46 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Services 165801 100 STITELER,SHARON Instructor Service Outdoor Center 165802 782 STREICHERS Training Supplies Police 165803 199 SUBURBAN CHEVROLET Equipment Parts Fleet Services 165804 107 SUBURBAN RADIOLOGIC CONSULTANT Other Contracted Services Workers Comp Insurance 165805 82 SUN NEWSPAPERS Improvement Contracts Trails Referendum 165806 15,071 THORPE DISTRIBUTING Beer Prairie View Liquor Store 165807 3,084 TIMBERWALL LANDSCAPING INC Building Repair&Maint. Capital Impr./Maint.Fund 165808 240 TOTAL RENTAL Other Rentals Environmental Education 165809 150 TOUGH CUT SERVICES Other Contracted Services Park Maintenance Check# Amount Vendor/Explanation Account Description Business Unit 165810 1,015 TRI STATE PUMP&CONTROL Contract Svcs-Plumbing Fire Station#1 165811 12,250 TRUCK UTILITIES MFG CO Machinery&Equipment Capital Impr./Maint.Fund 165812 175 TURNQUIST,KEITH Mileage&Parking Tree Disease 165813 59 TWIN CITY SEED CO Landscape Materials/Supp Street Maintenance 165814 1,440 UNCOMMON GATHERINGS Operating Supplies Summer Theatre 165815 5,624 UNIFORMS UNLIMITED Other Assets Police 165816 1,551 UNITED RENTALS HIGHWAY TECHNOL Other Contracted Services Recycle Rebate 165817 1,699 US POSTMASTER-HOPKINS Postage Water Accounting 165818 1,767 VINOCOPIA Wine Domestic Prairie Village Liquor Store 165819 12 WAYTEK INC Equipment Parts Fleet Services 165820 70 WINE&SPIRITS Dues&Subscriptions Den Road Liquor Store 165821 2,030 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 165822 3,919 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store 165823 1,379 WORLD CLASS WINES INC Wine Domestic Prairie Village Liquor Store 165824 59,629 XCEL ENERGY Electric Flying Cloud Off Leash Park 165825 21,438 YALE MECHANICAL INC Building Capital Impr./Maint.Fund 165826 912 ZAHL PETROLEUM MAINTENANCE CO. Capital Under$2,000 Fire Station#4 165827 328 ZIEGLER INC Operating Supplies Round Lake Beach 165828 350 AFTER 5 Other Contracted Services Staring Lake Concert 165829 800 ALM,MARY JANE Other Contracted Services Staring Lake Concert 165830 200 BALDINGER,WENDY Other Contracted Services Staring Lake Concert 165831 80 BOGREN,ANN Canine Supplies Police 165832 180 CASSADY,PAUL W Other Contracted Services Staring Lake Concert 165833 275 FRAGALE,ANNETTE Special Event Fees Health and Fitness 165834 71 GOOD,JAMIE Mileage&Parking Police 165835 105 HABERLE,ROBERT Operating Supplies Police 165836 250 HALL,MARY F Other Contracted Services Staring Lake Concert 165837 750 HAYNES,PATRICIA Other Contracted Services Environmental Education 165838 450 HESCH,DARYL H Other Contracted Services Staring Lake Concert 165839 200 HINDING,CHRIS Other Contracted Services Staring Lake Concert 165840 36,482 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 165841 695 RICHARD ALAN PRODUCTIONS Other Contracted Services Staring Lake Concert 165842 56 RUZEK,CHRISTINE Mileage&Parking Human Resources 165843 2,150 SONNY'S BUILDING MAINTENANCE Contract Svcs-Roof City Hall-CAM 165844 150 ST.LOUIS PARK COMM BAND Other Contracted Services Staring Lake Concert 165845 20 STATE OF MINNESOTA Operating Supplies Fleet Services 165846 250 STROHMYER,TOM Other Contracted Services Staring Lake Concert 165847 300 WAHL,MATTHEW G Other Contracted Services Staring Lake Concert 165848 121 ANDERSON,LYDIA Other Contracted Services Teen Work Program 165849 56 BARTNIK,AARON B Other Contracted Services Teen Work Program 165850 42 BERKBIGLER,SARA Other Contracted Services Teen Work Program 165851 96 CALL,JARRED Other Contracted Services Teen Work Program 165852 22 CHEN,MICHAEL Other Contracted Services Teen Work Program 165853 41 CRAMPTON,KELLY A Other Contracted Services Teen Work Program 165854 84 ERWIN,HANNAH Other Contracted Services Teen Work Program 165855 97 FETTER,PAIGE A Other Contracted Services Teen Work Program 165856 44 HANSON,ALISA Other Contracted Services Teen Work Program 165857 37 HEGENBARTH,KRAMER Other Contracted Services Teen Work Program 165858 42 JASKULKE,TAYLOR A Other Contracted Services Teen Work Program 165859 38 KHAN,BASIM Z Other Contracted Services Teen Work Program 165860 38 KRULL, JESSE Other Contracted Services Teen Work Program 165861 49 LANGEFELS,KELSEY Other Contracted Services Teen Work Program 165862 92 LELYUKH,DENIS Other Contracted Services Teen Work Program 165863 72 MCELVEEN,ALLISON Other Contracted Services Teen Work Program 165864 50 REYNOLDS,MACKENZIE Other Contracted Services Teen Work Program 165865 8 SCHAEPE,ELIZABETH Other Contracted Services Teen Work Program 165866 50 SHAH,RAOUL Other Contracted Services Teen Work Program 165867 45 SHAW,CARLEY Other Contracted Services Teen Work Program 165868 17 SHAWD,ANDREW Other Contracted Services Teen Work Program 165869 110 SKOBOV,MIKHAIL Other Contracted Services Teen Work Program 165870 92 SYED,ZOHAIB Other Contracted Services Teen Work Program 165871 129 WARD,ANDREA L Other Contracted Services Teen Work Program 165872 64 A TO Z RENTAL CENTER Equipment Repair&Maint Park Maintenance 165873 464 ABM EQUIPMENT AND SUPPLY COMPA Equipment Parts Fleet Services 165874 192 ADMINISTRATION RESOURCES CORP Other Contracted Services Finance Check# Amount Vendor/Explanation Account Description Business Unit 165875 3,200 ADVANCED MASONRY RESTORATION Contract Svcs-Asphalt/Concrt Outdoor Center Facilities 165876 577 AIR LIQUIDE INDUSTRIAL U.S.LP Treatment Chemicals Water Treatment Plant 165877 10 AKHTAR,MOIZ Events/Admission Fee Around Town 165878 29 AMERICAN MESSAGING Pager&Cell Phone Water System Maintenance 165879 88,630 AMERICAN PAVEMENT SOLUTIONS IN Crack Filling Street Maintenance 165880 55 AMERICAN RED CROSS Recreation Supplies Oak Point Lessons 165881 339 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 165882 659 ANCHOR PRINTING COMPANY Printing Fire 165883 25 AQUA ENGINEERING INC Repair&Maint.Supplies Park Maintenance 165884 37 AQUA LOGIC INC Supplies-General Bldg Pool Maintenance 165885 233 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Liquor Store 165886 65 BATES,DON Other Contracted Services Staring Lake Concert 165887 150 BCA BTS Tuition Reimbursement/School Police 165888 11,278 BELLBOY CORPORATION Wine Imported Prairie View Liquor Store 165889 184 BERLSON IMPORTS Beer Prairie View Liquor Store 165890 245 BERTELSON OFFICE PLUS Office Supplies Utility Operations-General 165891 518,528 BITUMINOUS ROADWAYS INC Other Rentals Street Maintenance 165892 300 BLUE EARTH COUNTY SHERIFF'S DE Deposits Escrow 165893 156 BRO-TEX INC Equipment Parts Fleet Services 165894 1,000 BURTIS,ROBERT Operating Supplies Round Lake Beach 165895 48 CARLSON,ROXANNE Lessons&Classes Oak Point Lessons 165896 313 CAT&FIDDLE BEVERAGE Wine Imported Prairie Village Liquor Store 165897 2,003 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 165898 212 CHOICE INC Other Contracted Services Prairie Village Liquor Store 165899 90 CINGULAR WIRELESS Pager&Cell Phone Water System Maintenance 165900 36 CONSTRUCTION MATERIALS INC Operating Supplies Street Maintenance 165901 49 COOK,JOAN Program Fee Summer Skill Development 165902 282 CORPORATE EXPRESS Office Supplies General 165903 1,056 COSTCO Employee Award Organizational Services 165904 225 CRIPE,JACQUELYN V Other Contracted Services Volleyball 165905 54 CUB FOODS EDEN PRAIRIE Operating Supplies Fire 165906 53 CULLIGAN BOTTLED WATER Operating Supplies Fire 165907 550 CURTIS 1000 INC Office Supplies General 165908 11,653 CUTLER-MAGNER COMPANY Treatment Chemicals Water Treatment Plant 165909 11,645 DAY DISTRIBUTING Beer Prairie Village Liquor Store 165910 66 DEALER AUTOMOTIVE SERVICES INC Equipment Repair&Maint Fleet Services 165911 35 DELANGE,BRITT Program Fee Safety Camp 165912 6,730 DELANO ERICKSON ARCHITECTS Improvements to Land Park Acquisition&Development 165913 34 DISH NETWORK Cable TV Community Center Admin 165914 141,130 DOMINIUM TIF Payment Project Fund 165915 1,480 DUNSMORE ASPHALT INC Other Contracted Services Rehab 165916 910 DUSTCOATING INC Roads-Dust Control Gravel Roads Dust Control 165917 166 EAGLE Operating Supplies Engineering 165918 3,723 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 165919 841 ECOLAB INC Contract Svcs-Pest Control City Hall-CAM 165920 103,910 ELK RIVER Autos Capital Impr./Maint.Fund 165921 908 ESCH CONSTRUCTION SUPPLY INC Repair&Maint.Supplies Storm Drainage 165922 494 ESCHELON TELECOM INC Other Contracted Services Telephone 165923 2,091 ESS BROTHERS&SONS INC Repair&Maint.Supplies Infiltration/Inflow Study 165924 180 EVERGREEN CONSTRUCTION Cash Over/Short General Fund 165925 981 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store 165926 352 FALCK,TIMOTHY R Other Contracted Services Softball 165927 100 FARA Dues&Subscriptions Police 165928 241 FEDEX Operating Supplies Wireless Communication 165929 395 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 165930 796 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 165931 146 FORESTRY SUPPLIERS INC. Operating Supplies Tree Disease 165932 42 G&K SERVICES Clothing&Uniforms Street Maintenance 165933 680 G&K SERVICES-MPLS INDUSTRIAL Janitor Service Utility Operations-General 165934 604 GARTNER REFRIGERATION&MFG IN Contract Svcs-Ice Rink Ice Arena Maintenance 165935 1,542 GE CAPITAL Other Rentals General 165936 427,080 GENERAL GROWTH PROPERTIES INC TIF Payment Project Fund 165937 3,413 GENERAL REPAIR SERVICE Equipment Parts Water Treatment Plant 165940 2,260 GENUINE PARTS COMPANY Equipment Parts Fleet Services 165941 65 GENZ RYAN PLUMBING&HEATING Cash Over/Short General Fund Check# Amount Vendor/Explanation Account Description Business Unit 165942 413 GERTENS Landscape Materials/Supp Park Maintenance 165943 746 GETTMAN COMPANY Misc Taxable Prairie Village Liquor Store 165944 35,687 GLENN REHBEIN EXCAVATING INC Improvements to Land Park Acquisition&Development 165945 12 GOODENOUGH,JUDITH Program Fee Classes/Programs/Events 165946 152 GRAINGER Supplies-General Bldg City Hall-CAM 165947 48 GRAY,ALAN Operating Supplies Engineering 165948 7,835 GREENSIDE INC Contract Svcs-Lawn Maint. City Hall-CAM 165949 15,501 GRIGGS COOPER&CO Wine Domestic Den Road Liquor Store 165950 505 GS DIRECT Operating Supplies Engineering 165951 280 HALE,WILLIAM Other Contracted Services Staring Lake Concert 165952 10 HANSON,MARY Events/Admission Fee Around Town 165953 200 HARRISON,LESLIE TOMAS Other Contracted Services Staring Lake Concert 165954 23,485 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 165955 10 HARTLEY,MARY KAY Events/Admission Fee Around Town 165956 92 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 165957 6,110 HENNEPIN SOUTH SERVICES COLLAB Other Contracted Services Housing and Community Service 165958 1,893 HOHENSTEINS INC Beer Den Road Liquor Store 165959 176 HOLMES,TOM Other Contracted Services Softball 165960 197 HYDROLOGIC Repair&Maint.Supplies Park Maintenance 165961 1,354 ICI DULUX PAINT CTRS Operating Supplies Park Maintenance 165962 214 IMAGETECH SERVICES Operating Supplies Traffic Signals 165963 2,601 IND SCHOOL DIST 272 Other Contracted Services Oak Point Operations 165964 554 INNOVATIVE LANDSCAPE SUPPLY IN Landscape Materials/Supp Water Treatment Plant 165965 1,029 INTERSTATE POWER SYSTEMS INC Equipment Repair&Maint Water Treatment Plant 165966 1,485 J H LARSON COMPANY Supplies-Electrical City Hall-CAM 165967 19,556 JJ TAYLOR DIST OF MN Beer Prairie Village Liquor Store 165968 200 JLB GRAPHICS Other Contracted Services Communication Services 165969 550 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant 165971 39,262 JOHNSON BROTHERS LIQUOR CO Misc Taxable Prairie Village Liquor Store 165972 6,036 JOHNSON CONTROLS Building Capital Impr./Maint.Fund 165973 10 JONES,SANDRA Events/Admission Fee Around Town 165974 679 KD KANOPY Operating Supplies Recreation Administration 165975 804 KEEPERS Clothing&Uniforms Police 165976 10 KEY,CHARLOTTE Events/Admission Fee Around Town 165977 10 KLOECKNER,LINDA Events/Admission Fee Around Town 165978 10 KUNTZE,JANE Events/Admission Fee Around Town 165979 1,327 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Public Works/Parks 165980 127 LAKESHORE EQUIPMENT CO INC Operating Supplies Round Lake Beach 165981 1,121 LANDS END CORPORATE SALES Clothing&Uniforms Police 165982 1,065 LANO EQUIPMENT INC Other Rentals Street Maintenance 165983 380 LANZI,BOB Mileage&Parking Ice Arena 165984 395 LEROY JOB TRUCKING INC Kennel Services Animal Control 165985 71 LESCO INC Repair&Maint.Supplies Water System Maintenance 165986 5,491 LIFE SAFETY SYSTEMS Contract Svcs-Fire/Life/Sfty City Hall-CAM 165987 48 LUNDEEN,JULIE Lessons&Classes Oak Point Lessons 165988 306 M.AMUNDSON LLP Misc Taxable Prairie Village Liquor Store 165989 3,929 MADISON NATIONAL LIFE Disability Ins Employers Health and Benefits 165990 65 MAECK,TOM Other Contracted Services Staring Lake Concert 165991 9,582 MARK VII Beer Prairie View Liquor Store 165992 352 MCGREGOR,RANDY Other Contracted Services Softball 165993 1,519 MEDICINE LAKE TOURS Special Event Fees Red Hat 165994 761 MENARDS Small Tools Water System Maintenance 165995 1,385 METRO SALES INCORPORATED* Other Rentals General 165996 231,524 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General 165997 611 METROPOLITAN FORD Equipment Parts Fleet Services 165998 3,662 MIDWEST ASPHALT CORPORATION Repair&Maint.Supplies Storm Drainage 165999 1,085 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 166000 95 MILIO'S SANDWICHES Operating Supplies Fire 166001 275 MINNESOTA CONWAY Contract Svcs-Fire/Life/Safe Community Center Maintenance 166002 60 MINNESOTA ENVIRONMENTAL INITIA Conference Expense Water Distribution 166003 1,258 MINNESOTA PIPE AND EQUIPMENT* Repair&Maint.Supplies Water System Maintenance 166004 55,000 MIRACLE RECREATION EQUIPMENT C Other Assets Parks Referendum 166005 305 MN MAINTENANCE EQUIPMENT INC Equipment Parts Fleet Services 166006 480 MOLBERG,ELIZABETH Other Contracted Services Staring Lake Concert 166007 332 MORAN USA,LLC Misc Taxable Den Road Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit 166008 900 MORRIS,ELIZABETH ANN Other Contracted Services Staring Lake Concert 166009 913 MTI DISTRIBUTING INC Equipment Parts Fleet Services 166010 87 MULDER,KENNETH AR Utility Water Enterprise Fund 166011 10 MURAKAMI,SUSAN Events/Admission Fee Around Town 166012 1,860 NCT INC Other Contracted Services Water Treatment Plant 166013 24,474 NELSON FORD Autos Sewer Utility-General 166014 2,391 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 166015 141 NEWTON,J.RANDALL Mileage&Parking Engineering 166016 2,919 NILSSEN,BETH Instructor Service Ice Arena 166017 2,085 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Services 166018 42 NORTHERN TOOL Equipment Repair&Maint Fire 166019 151 NORTHWEST RESPIRATORY SERVICE Safety Supplies Fire 166020 124 OSI BATTERIES INC Equipment Parts Fleet Services 166021 482 PARK NICOLLET CLINIC Other Contracted Services Workers Comp Insurance 166023 2,383 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store 166024 10 PEARSON,ELLEN Events/Admission Fee Around Town 166025 38 PENGUIN GROUP USA INC Misc Taxable Den Road Liquor Store 166026 300 PHILIPSEK,REYNOLD Other Contracted Services Staring Lake Concert 166027 15,091 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 166028 9,059 PICHA GREENHOUSE Landscape Materials/Supp Park Maintenance 166029 31,057 PRAIRIE ELECTRIC COMPANY Other Contracted Services Utility Improvement Fund 166030 13 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Water System Maintenance 166031 51,996 PRAIRIE VILLAGE LMTD PARTNERSH TIF Payment Project Fund 166032 30 PRECISION HEATING&COOLING Cash Over/Short General Fund 166033 2,064 PRIOR WINE COMPANY Wine Imported Prairie Village Liquor Store 166034 1,274 PROFORMA Operating Supplies Round Lake Beach 166035 77 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 166036 13,965 QUALITY WINE&SPIRITS CO Wine Domestic Prairie View Liquor Store 166037 82 QUICKSILVER EXPRESS COURIER Postage Communication Services 166038 207 QWEST Telephone Water Distribution 166039 400 RAY,LEE Other Contracted Services Softball 166040 13,399 REAL ESTATE EQUITIES MANAGEMEN TIF Payment Project Fund 166041 57 REMBOWICZ,ROBERT AR Utility Water Enterprise Fund 166042 476 RIGHTWAY GLASS INC Equipment Repair&Maint Fleet Services 166043 684,098 RJM CONSTRUCTION INC Building Community Center Referendum 166044 400 RUBBELKE,BRYAN Other Contracted Services Staring Lake Concert 166045 369 RUSSELL&MILLER,INC Operating Supplies Den Road Liquor Store 166046 200 SCOTT COUNTY Deposits Escrow 166047 717 SEARS COMMERCIAL ONE Small Tools Fire 166048 4,158 SENSORS INC Equipment Parts Water Treatment Plant 166049 140 SHAH,MONA AND SACHIN Round Lake Pavilion Park Facilities 166050 733 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Prairie View Liquor Store 166051 1,361 SIGNATURE CONCEPTS INC. Clothing&Uniforms July 4th Celebration 166052 218,219 SILVERCREST PROPERTIES TIF Payment Project Fund 166053 56 SNYDER,ROBERT AR Utility Water Enterprise Fund 166054 18 STATE OF MINNESOTA Operating Supplies Fleet Services 166055 49 STATE SUPPLY COMPANY Supplies-Plumbing City Hall-CAM 166056 2,500 STOREFRONT GROUP,THE Other Contracted Services Housing and Community Service 166057 372 STREICHERS Training Supplies Police 166058 54 STREIFEL,ANDREW AND EID,TANY AR Utility Water Enterprise Fund 166059 439 SUBURBAN TIRE WHOLESALE INC Tires Fleet Services 166060 164 SUN NEWSPAPERS Legal Notices Publishing City Clerk 166061 104,895 TE MILLER DEVELOPMENT LLC TIF Payment Project Fund 166062 98,183 TEALWOOD CARE CENTER TIF Payment Project Fund 166063 1,132 THOMAS,ERICA Insurance Property Insurance 166064 25,411 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 166065 6,000 TRADE INNOVATIONS INC Operating Supplies Fire 166066 120 TWIN CITY OXYGEN CO Other Contracted Services Sewer System Maintenance 166067 202 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 166068 10 UNIFORMS UNLIMITED Operating Supplies Police 166069 48,393 UNITED RENTALS HIGHWAY TECHNOL Contracted Striping Traffic Signs 166070 130 UNLIMITED SUPPLIES INC Small Tools Fleet Services 166071 27 UPS Equipment Repair&Maint Water Distribution 166072 44 VERIZON WIRELESS Pager&Cell Phone Police 166073 404 VINO SOURCE,THE Wine Imported Den Road Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit 166074 3,407 VTI Small Tools Fleet Services 166075 2,515 WALL TRENDS INC Contract Svcs-General Bldg City Hall-CAM 166076 1,281 WATER SPECIALTY OF MN INC Chemicals Pool Maintenance 166077 10 WEBER,ANNETTE Events/Admission Fee Around Town 166078 9,786 WEIS MANAGEMENT TIF Payment Project Fund 166079 222 WHITE,NICOLE Mileage&Parking Therapeutic Rec Administration 166080 4,114 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 166081 2,382 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store 166082 242 WITT,BETH Mileage&Parking Aquatics&Fitness Admin 166083 539 WM MUELLER AND SONS INC Gravel Water System Maintenance 166084 430 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 166085 55,972 XCEL ENERGY Electric Traffic Signals 166086 20 YAHOO! Other Contracted Services Police 166087 1,205 YOUNG,PHIL Travel Expense City Council 166088 472 Z WINES USA LLC Wine Imported Prairie View Liquor Store 166089 40 ZAHLER,TOM Tuition Reimbursement/School Fire 166090 770 EDEN PRAIRIE FIREFIGHTER'S REL Union Dues Withheld General Fund 166091 3,968 FIRST INDUSTRIAL AR Utility Water Enterprise Fund 166092 557 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 166093 114,000 PARVEST INC Deposits Escrow 166094 1,715 RICHFIELD,CITY OF Autos Sewer Utility-General 166095 7,053 STANDARD INSURANCE CO Life Insurance EE/ER Health and Benefits 166096 74 GARDEN ROOM FRATELLI'S GARDEN Miscellaneous Internal Events 166097 927 PETTY CASH Mileage&Parking Water Distribution 166098 13,426 XCEL ENERGY Electric Parks Referendum 166099 638 BCA-CJIS CRIMINAL HISTORY ACCE Other Contracted Services Fire 166100 1,000 BURTIS,ROBERT Other Contracted Services Special Initiatives 166101 300 MINNESOTA PARK SUPERVISORS ASS Conference Expense Park Maintenance 166102 584 STAAF,CARTER Operating Supplies Reserves 166103 55 STATE OF MINNESOTA Operating Supplies Fleet Services 166104 712 WISCONSIN DEPARTMENT OF REVENU State Taxes Withheld Health and Benefits 166105 215 3D SPECIALTIES Operating Supplies Traffic Signs 166106 1,660 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 166107 90 A TO Z RENTAL CENTER Equipment Parts Fleet Services 166108 228 ACCURINT-ACCOUNT#1348824 Other Contracted Services Police 166109 2,266 ALL INC,ST PAUL OFFICE Capital Under$2,000 Fire Station#4 166110 389 ALLIANT ENGINEERING INC Design&Engineering Construction Fund 166111 126 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 166112 673 AMERITRAK Capital Under$2,000 Street Maintenance 166113 4,017 ANCHOR PRINTING COMPANY Printing July 4th Celebration 166114 264 ANDERSON,BRYAN E Other Contracted Services Softball 166115 77 ANDESON,MARLAN Operating Supplies Senior Board 166116 1,712 APRES Other Rentals July 4th Celebration 166117 211 AQUA ENGINEERING INC Repair&Maint.Supplies Park Maintenance 166118 1,500 ASSURED COMMUNICATIONS INC Other Contracted Services Capital Impr./Maint.Fund 166119 175 AUTOMATED ENTRANCE PRODUCTS IN Building Repair&Maint. Den Road Liquor Store 166120 529 BALDWIN SUPPLY COMPANY Equipment Repair&Maint Park Maintenance 166121 25 BARTKOWSKI,JULIE Lessons&Classes Pool Lessons 166122 1,180 BEACON ATHLETICS Operating Supplies Park Maintenance 166123 5,071 BELLBOY CORPORATION Wine Imported Prairie Village Liquor Store 166124 70 BERRY COFFEE COMPANY Operating Supplies Senior Center Operations 166125 415 BERTELSON OFFICE PLUS Office Supplies Utility Operations-General 166128 10,276 BIFFS INC Waste Disposal Park Maintenance 166129 24 BLOOMINGTON SECURITY SOLUTIONS Operating Supplies Water Treatment Plant 166130 171 BLOOMINGTON,CITY OF Other Contracted Services Park Maintenance 166131 1,000 BOLD,PAULINE Instructor Service Outdoor Center 166132 100 BRAGG,ANNALISA Instructor Service Outdoor Center 166133 3,921 BRAUER AND ASSOCIATES LTD Building Park Acquisition&Development 166134 2,583 BURTON EQUIPMENT INC Other Assets Fire Station#4 166135 83 CAMPBELL KNUTSON,P.A. Legal WAFTA 166136 1,600 CAMPOS,LORI Instructor Service Outdoor Center 166137 870 CAT&FIDDLE BEVERAGE Wine Domestic Prairie Village Liquor Store 166138 865 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 166139 5,111 CENTERPOINT ENERGY Gas Water Treatment Plant 166140 10,974 CENTERPOINT ENERGY SERVICES IN Gas City Hall-CAM Check# Amount Vendor/Explanation Account Description Business Unit 166141 48 CHESTER,HOLLY Lessons&Classes Oak Point Lessons 166142 144 CINGULAR WIRELESS Pager&Cell Phone Police 166143 56 CITI-CARGO&STORAGE CO,INC Other Rentals Summer Theatre 166144 487 CLAREYS INC Operating Supplies Park Maintenance 166145 211 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 166146 8 CORPORATE EXPRESS Office Supplies General 166147 16,795 COURT SURFACES&REPAIR Seal Coating Park Maintenance 166148 575 CRANE ENGINEERING Legal Utility Operations-General 166149 158 CRYSTAL PLASTICS Capital Under$2,000 Fire Station#4 166150 34 CULLIGAN-METRO Other Contracted Services Outdoor Center 166151 6,941 CUTLER-MAGNER COMPANY Treatment Chemicals Water Treatment Plant 166152 119 DALE GREEN COMPANY,THE Landscape Materials/Supp Park Maintenance 166153 75 DANCIAK,VIOLA Program Fee Outdoor Center 166154 9,018 DAY DISTRIBUTING Beer Prairie Village Liquor Store 166155 383 DEALER AUTOMOTIVE SERVICES INC Equipment Parts Fleet Services 166156 1,710 DEPARTMENT OF PUBLIC SAFETY Other Contracted Services Police 166157 700 DIETHELM,GARY Other Contracted Services Pleasant Hill Cemetary 166158 375 DIPPIN DOTS Merchandise for Resale Concessions 166159 25,313 DIVERSE BUILDING MAINTENANCE CH Robinson Janitor Service City Ctr-Tenant Direct Costs 166160 421 DMX MUSIC Other Contracted Services Prairie Village Liquor Store 166161 24,276 DRT TRANSPORT Lime Residual Removal Water Treatment Plant 166162 577 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 166163 31,353 EARL F ANDERSEN INC Equipment Repair&Maint Lake Eden Park 166164 25 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous City Council 166165 50 EDEN PRAIRIE WINLECTRIC Repair&Maint.Supplies Park Maintenance 166166 2,111 ESS BROTHERS&SONS INC Repair&Maint.Supplies Infiltration/Inflow Study 166167 110 FAGNANT,SUSAN Instructor Service Outdoor Center 166168 308 FALCK,TIMOTHY R Other Contracted Services Softball 166169 25 FOLSON HOME SERVICES Operating Supplies Senior Center Administration 166170 392 FORESTRY SUPPLIERS INC. Operating Supplies Tree Disease 166171 677 G&K SERVICES-MPLS INDUSTRIAL Janitor Service Utility Operations-General 166172 56 GARDEN ROOM FRATELLI'S GARDEN Miscellaneous City Council 166173 3,883 GARTNER REFRIGERATION&MFG IN Contract Svcs-Ice Rink Ice Arena Maintenance 166174 17,320 GOODPOINTE TECHNOLOGY CORPORAT Design&Engineering CIP Pavement Management 166175 1,834 GOPHER STATE ONE-CALL INC Other Contracted Services Water System Maintenance 166176 176 GOT SWAT GEAR.COM INC Clothing&Uniforms Police 166177 2,391 GRAPE BEGINNINGS Wine Imported Den Road Liquor Store 166178 839 GRAPHIC SOURCE INC Capital Under$2,000 Reserve 166179 4,784 GREENSIDE INC Contract Svcs-Lawn Maint. City Hall-CAM 166180 14,277 GRIGGS COOPER&CO Liquor Prairie Village Liquor Store 166181 38 GRONES,KARA Mileage&Parking Tree Disease 166182 117 GROTH MUSIC Other Contracted Services Community Band 166183 2,805 GUNNAR ELECTRIC CO INC Other Contracted Services Park Maintenance 166184 49 GUO,KUN Program Fee Tennis 166185 264 HAGEN,SIDNEY E Other Contracted Services Broomball 166186 15 HARTMAN,JEAN Program Fee Red Hat 166187 182,492 HEALTHPARTNERS Medical Bills Prepaid Health and Benefits 166188 200 HENNEPIN COUNTY PUBLIC RECORDS Operating Supplies Engineering 166189 939 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 166190 317 HENNEPIN COUNTY TREASURER Licenses&Taxes Concessions 166191 116 HENRY,PAUL Other Contracted Services Softball 166192 1,078 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance 166193 771 HYDRO METERING TECHNOLOGY INC Merchandise for Resale Water Metering 166194 614 HYDROLOGIC Repair&Maint.Supplies Park Maintenance 166195 411 ICI DULUX PAINT CTRS Repair&Maint.Supplies Water System Maintenance 166196 32 IDEARC MEDIA CORP (VERIZON DI Advertising Prairie View Liquor Store 166197 74 IND SCHOOL DIST 272 Building Rental Community Band 166198 1,167 INFRATECH Equipment Parts Storm Drainage 166199 1,325 INNOVATIVE GRAPHICS Operating Supplies Playgrounds 166200 554 INNOVATIVE LANDSCAPE SUPPLY IN Landscape Materials/Supp Water Treatment Plant 166201 1,560 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 166202 43 J H LARSON COMPANY Repair&Maint.Supplies Park Maintenance 166203 14,761 J&D WINDOW CLEANING Janitor Service-General Bldg Fire Station#4 166204 1,563 JACKSON ULTIMA SKATES INC Operating Supplies Ice Arena 166205 19,631 JJ TAYLOR DIST OF MN Beer Prairie View Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit 166206 125 JLB GRAPHICS Other Contracted Services Communication Services 166208 41,206 JOHNSON BROTHERS LIQUOR CO Liquor Prairie Village Liquor Store 166209 65 JOHNSON,JERRY Other Contracted Services Outdoor Center 166210 812 K&H OUTDOORS,INC Operating Supplies Park Maintenance 166211 282 KEEPERS Clothing&Uniforms Fire 166212 220 KISTNER,ANNA Operating Supplies Pool Lessons 166213 1,335 KJOLHAUG ENVIRONMENTAL SERVICE Design&Engineering Storm Drainage Projects 166214 380 KROEGER,TARA L Other Contracted Services Softball 166215 211 KUSTOM SIGNALS INC Equipment Repair&Maint Police 166216 1,619 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Public Works/Parks 166217 2,475 LAKE WEED HARVESTING Other Contracted Services Park Maintenance 166218 399 LAND EQUIPMENT INC Other Rentals Storm Drainage 166219 5,254 LEONARD J KOEHNEN&ASSOC Other Contracted Services Reserve 166220 255 LIEBERT CASSIDY WHITMORE Dues&Subscriptions Human Resources 166221 26,745 MARK VII Misc Taxable Prairie Village Liquor Store 166222 48 MASSEY,GAYLE Lessons&Classes Oak Point Lessons 166223 6,870 MAVO SYSTEMS Building Park Acquisition&Development 166224 475 MENARDS Operating Supplies Park Maintenance 166225 924 MIDWEST AQUA CARE INC Other Contracted Services Park Maintenance 166226 6,286 MIDWEST ASPHALT CORPORATION Repair&Maint.Supplies Storm Drainage 166227 1,542 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 166228 1,428 MIDWEST PLAYSCAPES Landscape Materials/Supp Topview Field 166229 19,362 MIES OUTLAND INC Machinery&Equipment CIP-Bonds 166230 1,415 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 166231 678 MINNESOTA CLIPPING SERVICE Other Contracted Services Communication Services 166232 35 MINNESOTA DEPT OF HEALTH Licenses&Taxes Concessions 166233 5,000 MINNESOTA MUNICIPAL BEVERAGE A Dues&Subscriptions Den Road Liquor Store 166234 435 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Storm Drainage 166235 3,797 MINNESOTA PIPE AND EQUIPMENT* Repair&Maint.Supplies Water System Maintenance 166236 1,902 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General 166237 285 MINNESOTA SPRING AND SUSPENSIO Equipment Parts Fleet Services 166238 9 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods 166239 169 MN NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund 166240 2,744 MOBILE RADIO ENGINEERING INC Other Contracted Services Fire Station#4 166241 303 MORROW,JAMES Tuition Reimbursement/School Police 166242 200 MTI DISTRIBUTING INC Equipment Parts Fleet Services 166243 48 MULTIHOUSING CREDIT CONTROL Other Contracted Services Police 166244 2,382 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 166245 23,031 NORTHERN WATER WORKS SUPPLY Process Control Equipment Water Treatment Plant 166246 14,815 NORTHSTAR MUDJACKING SPECIALIS Repair&Maint.Supplies Storm Drainage 166247 164,934 NORTHWEST ASPHALT Improvement Contracts Parks Referendum 166248 4,155 NORTHWEST BUSINESS SYSTEMS Other Contracted Services Reserve 166249 106 O'NEILL,CAITLIN Operating Supplies Summer Theatre 166250 144 ONCE UPON A STAR Instructor Service Summer Skill Development 166251 100 OTTERNESS,RON Instructor Service Outdoor Center 166252 315 OTTERTUNITY INC. Other Contracted Services Staring Lake Concert 166253 455 PARADIGM SYSTEM SOLUTIONS,INC Other Hardware Capital Impr./Maint.Fund 166254 3,845 PAUSTIS&SONS COMPANY Wine Domestic Prairie Village Liquor Store 166255 78 PEPSI COLA COMPANY Misc Taxable Prairie Village Liquor Store 166256 2,801 PERKINS,AARON Other Contracted Services Property Insurance 166257 4,554 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 166258 351 PITNEY BOWES Postage General 166259 54 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance 166260 34 PRIOR WINE COMPANY Wine Imported Prairie View Liquor Store 166261 406 PROP United Way Withheld General Fund 166262 104 PROTECTION ONE Other Contracted Services Cummins Grill 166263 10,425 QUALITY WINE&SPIRITS CO Wine Domestic Prairie View Liquor Store 166264 55 QWEST Telephone Sewer Liftstation 166265 75 RADIOSHACK Operating Supplies Street Maintenance 166266 400 RAY,LEE Other Contracted Services Softball 166267 183 REED BUSINESS INFORMATION Legal Notices Publishing Trails Referendum 166268 20,000 RES SPECIALTY PYROTECHNICS INC Other Contracted Services July 4th Celebration 166269 253 RIGHTWAY GLASS INC Equipment Repair&Maint Fleet Services 166270 386 RIGID HITCH INCORPORATED Equipment Parts Fleet Services 166271 772,502 RJM CONSTRUCTION INC Building Community Center Referendum Check# Amount Vendor/Explanation Account Description Business Unit 166272 2,340 ROBERT C VOGEL Other Contracted Services 1999 CLG Grant 166273 1,325 ROBICHONS THE IN-LINE SKATE SC Instructor Service Camps 166274 136,816 ROCHON CORP Building Parks Referendum 166275 120 RUMPCA CO INC Waste Disposal Tree Disease 166276 1,554 S&S WORLDWIDE Operating Supplies July 4th Celebration 166277 49 SAWALICH,STACY Program Fee Camps 166278 878 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Prairie Village Liquor Store 166279 25 SIGHTLINE DISPLAYS,LLC Equipment Parts Park Maintenance 166280 4,700 SIGNCRAFTERS Equipment Repair&Maint Water Storage 166281 1,839 SOLDO CONSULTING PC Legal Legal Council 166282 175 SOSNIECKI,BEN Mileage&Parking Tree Disease 166283 2,960 SOUTHWEST SUBURBAN PUBLISHING- Advertising July 4th Celebration 166284 5,693 SOUTHWEST SUBURBAN PUBLISHING- Printing Communication Services 166285 347 SPECIALTY WINES AND BEVERAGES Liquor Den Road Liquor Store 166286 1,122 SPIRIT APPAREL&STUFF Clothing&Uniforms Pool Operations 166287 2,346 SPORTS UNLIMITED Instructor Service Camps 166288 6,588 SRF CONSULTING GROUP INC Other Contracted Services Guide Plan 166289 1,548 STAR TRIBUNE Employment Advertising Organizational Services 166290 413 STILLWATER CONSULTING INC Other Contracted Services Organizational Services 166291 337 STREICHERS Equipment Parts Fleet Services 166292 74 SUMMIT FIRE PROTECTION Fire Prevention Permits General Fund 166293 3,274 SUNRAM CONSTRUCTION Improvement Contracts Park Acquisition&Development 166294 2,224 TEFLER LAWN&LANDSCAPING Other Contracted Services Park Maintenance 166295 145 TELEVISION SERVICE LABS Other Contracted Services Fire Station#4 166296 1,000 TEMPORARY HEROES INC Other Contracted Services Staring Lake Concert 166297 22,005 THORPE DISTRIBUTING Beer Den Road Liquor Store 166298 111 TIMBERWALL LANDSCAPING INC Building Repair&Maint. Capital Impr./Maint.Fund 166299 146 TOM'S WINDOW CLEANING Janitor Service-General Bldg Den Road Building 166300 2,905 TOTAL REGISTER Equipment Repair&Maint Den Road Liquor Store 166301 250 TRUGREEN CHEMLAWN MTKA Other Contracted Services Park Maintenance 166302 227 TURNQUIST,KEITH Mileage&Parking Tree Disease 166303 109 TWIN CITY OXYGEN CO Lubricants&Additives Fleet Services 166304 3,671 UNITED RENTALS HIGHWAY TECHNOL Contracted Striping Traffic Signs 166305 302 UNITED WAY United Way Withheld General Fund 166306 20 VALA,LISA Events/Admission Fee Around Town 166307 222 VERIZON WIRELESS Pager&Cell Phone Storm Drainage 166308 3,924 VERNCO MAINTENANCE INC Maintenance Contracts Water Treatment Plant 166309 15,533 VIDEOTRONIX INC Capital Under$2,000 Capital Impr./Maint.Fund 166310 385 WALL TRENDS INC Contract Svcs-General Bldg Police City Center 166311 30 WALMART COMMUNITY Operating Supplies Police 166312 87 WAYTEK INC Operating Supplies Park Maintenance 166313 8,173 WEBBER RECREATIONAL DESIGN INC Improvements to Land Parks Referendum 166314 350 WELLS FARGO BANK MINNESOTA NA Paying Agent 2005 G.O.Imp.Revolving Fund 166315 7,494 WENCK ASSOCIATES INC Other Contracted Services Storm Drainage 166316 80 WENZEL,STEVE Clothing&Uniforms Fleet Services 166317 57 WERTS,SANDY Mileage&Parking Arts 166318 6 WILDWOOD BUILDERS Cash Over/Short General Fund 166319 1,729 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store 166320 120 WOOD,CHRIS Operating Supplies Police 166321 3,744 WORK CONNECTION,THE Other Contracted Services Park Maintenance 166322 481 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 166323 66 XCEL ENERGY Electric Emergency Preparedness 166324 11,539 YALE MECHANICAL INC Contract Svcs-HVAC Prairie View Liquor Store 166325 748 ZEE MEDICAL SERVICE Office Supplies General 166326 376 ZIEGLER INC Equipment Parts Fleet Services 166327 3,741 ARCH WIRELESS Pager&Cell Phone Wireless Communication 166328 12,000 JJ TAYLOR DIST OF MN Beer Den Road Liquor Store 166330 200 METRO DINING CLUB Deposits Escrow 166331 1,672 MINNESOTA PRINT MANAGEMENT LLC Operating Supplies Sewer Accounting 166332 1,506 BACHMAN PRINTING General Bicycle Program 166333 204 COORDINATED BUSINESS SYSTEMS L General Bicycle Program 166334 2,063 EXPRESS PERSONNEL SERVICES General Bicycle Program 166335 490 LITTLE TRANSPORT PRESS General Bicycle Program 166336 785 WELLS FARGO BANK General Bicycle Program 166337 168 BUTCHER,SHERRY Dues&Subscriptions City Council Check# Amount Vendor/Explanation Account Description Business Unit 166338 389 GENERAL GROWTH PROPERTIES LP-E Building Rental CDBG Fund 166339 44,253 GREGERSON ROSOW JOHNSON&NILA Legal Legal Criminal Prosecution 166340 2,104 LAXMAN,ANNE Insurance Property Insurance 166341 8,858 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 166342 7,684 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 166343 300 WASHINGTON COUNTY SHERIFF'S DE Deposits Escrow 7,176,141 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Report of City Manager August 7, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Scott Neal Green Roof at Community Center XIV.B. City Manager Requested Action Move to: Approve addition#1 to the RJM contract for the construction of a green roof at the community center. Synopsis The roofing contractor(Peterson Bros. Roofing and Construction, Inc.) recently proposed the concept of constructing a green roof over the area of the community center that is viewed from the circulation area leading to the second floor meeting rooms. The roofing company along with their suppliers is interested in using this product at the Community Center as a demonstration site and is proposing a reduced cost from what was originally quoted. The additional cost to the project is proposed to be $84,870.09. This additional amount is proposed to be funded from the Storm Water Fund. Originally, a green roof was contemplated for this area, but the quoted additional price of approximately $140,000 was determined to be too expensive. The current contract that has been awarded to the contractor specifies a built-up style roof that although functional and durable, does not provide some of the added benefits of a green roof. The addition of a green roof would add several benefits including: a more aesthetically pleasing view from inside the building, better energy efficiency, reduced storm water run-off, improved air quality and an extended lifespan by protecting the roof membrane from heat stress,wind damage and temperature fluctuations. This would be the first green roof on a City of Eden Prairie facility and would also serve as an example for future building projects within the city. Attachment RJM Change Order Documentation 5455 Highway 169 1ilH .. Plymouth, MN 55442 (Phone) 763-383-7600 CONSTRUCTION - (Fax) 763-383-7601 CHANGE ORDER PROPOSAL NO. CE 67.1 • PROJECT: Eden Prairie Community Center Renovation&Expansion PROJECT NO.: 207104 COP NO.: CE 67.1 DATE QUOTED: 08/07/07 ARCH.PROJECT NO.: TO: Del Erickson DAYS ALLOWED FOR APPROVAL: Delano Erickson Architects 10700 Highway 55, Suite 308 EXPIRATION DATE: 08/07/07 Plymouth, MN 55441 REQUESTED EXTENSION (Phone) 763-544-8370 (Fax) 763-545-5433 OF TIME IN DAYS: DESCRIPTION: - Provide Green Roof System at Base Bid and Ice Arena roofing area as designated by enclosed Delano Erickson Architect's plan dated 7/30/07. SUBCONTRACTORS/VENDORS SUB/VENDOR WORK DESCRIPTION AMOUNT: Peterson Bros. Roofing and Construction, Inc. Green Roof System $77,500.00 Master Mechanical, Inc. (Budget) Water Connection for Irrigation $4,500.00 TOTAL FROM WORK BREAKDOWN PAGES APPROVAL SUB SUBTOTAL: $82,000.00 NAME: GL INSURANCE:1 1.025% $840.50 DATE: $0.00 SEND COPIES TO $0.00 $0.00 SUBTOTAL: $82,840.50 RJM CONSTRUCTION j FEE: 2.45% $2,029.59 Brian Recker SUBTOTAL: 1 $84,870.09 BY: $0.00 Brian Recker, Vice President DATE: 8/7/07 TOTAL COP AMOUNT: $84,870.09 _, ..__'4_t, OS:3E ,.=1488.3029 FETERSON BF:05 FCi=iFl1, PAGE , z'81 Bun gess:treet St. Paul, MN 5511`;-47Q1 �� {trao eta r�x h� �ti =' hax(e51)4$$•EucS ,III t ti 1 i� i4 j l •Iniriin;141:"IL! COMMERCIAL 1 4 lift,• INDUSTRIAL Monday,July 30,2007 Delano Erickson Architects Mr, Del Erickson 10700 Highway 55, Suite 308 Plymouth,MN 55441 Re: Garden Roof Project: Eden Prairie Community Center Mr. Erickson, We hereby propose to furnish arid install all necessary materials, labor and equipment necessary to safely and properly complete the following scope of work. SCOPE OF WORK: • Install a loose laid Firestone 60 Mil reinforced EPDM roof membrane system over the tapered insulation system. • install.Firestone protection mat over the EPDM membrane. • Furnish and install an Advanced Vegetative Roof System by Columbia Green Technologies, garden roof layout to be as shown on original plans. • Garden roof area will consist of 1,600 ea. 2' x 2' interlocking trays. The trays alt.: 4-5/8"deep with drainage channels on the bottom side and water retention channels on the inside, • Each tray will be filled with a light weigh amended soil Unix, • Trays will be planted with 9 sedum plants per tray(2.25"wide plugs) Time and Material Costs Not To Exceed $ 77,500.00 W$b Site:www_peteraonroofing.net AN EQUAL OPPORTUNITY EMPLOYER 7 fi; TUEi7 kt9: =,E, F,5148890 9 FETEREON BROS ROOF IN PAGE G 02/02 Notes: • The above price includes all price adjustments for the built up roofing as originally specified. Please call with any questions you may have regarding this quote. Thank You s .1 -e Finken Peterson Bros. Roofing and Const.,Inc. BASE BID AND RINK 3 "GREEN ROOF' ALTERNATE ROOF PLAN R \_ 4'-0" X 4'-0" r4 HOLD PLANT CLEAR AROUND l� PANS 1'-0" ROOF DRAINS / FROM PARAPET 2'-0"CLEAR PATH TO _ OVERFLOW ALTERNATE SCUPPERS GREEN ROOF LL4 Tr 4 lflc: ALT 24" X 24" CONC PAVERS ) -•' :n ► C 2050 S.F: ■.'OF.OR-a '00E' FOFPERS - - ` o � • 01 • T [ T i—T-1-71'." • ■ Y , RINK 3 _i x____- BASE BID / 2''•0 . ;2. .. .. : :.*. &NMI " .".":"'....'.. : 4' 0 X 4 0" 7.i CLEAR AROUND / 1 w S,F., :-:' - • . HOED PLANT ROOF DRAINS \ If-GREEN"Rc"� PANS 1'-0' / �• _ 626.S.F`. . `�- FROM PARAPET 2' 0"' CLEAR / . - - • - _ • •RE • A"© PATH TO . OVERFLOW . . - - . . . . . . . _ . . SCUPPERS / . "ALT•2 4 X-24 _ .. \ _:.C?NC RAVERS ■ . . _ \ • - . . . - - - . - . - _ - b. PATH TO . .n OVERFLOW \ 1 ITITLTI-1 1TI 1 JT1-T-1--1-11 . ".'_`. SCUPPER / TOP/PC ` -� . ' BASE BID GREEN ROOF 4,390 S.F. \ 124"�' _-11' RINK 3 GREEN ROOF 2,050 S.F. / . ` `,- TOTAL GREEN ROOF 6,350 S.F. \ \ BASE BID PAVERS 626 S.F. y RINK 3 PAVERS 220 S.F. \ II A TOTAL PAVERS 846 S.F. BASE BID ROOF AREA 5620 S.F. RINK 3 ROOF AREA 2620 S.F. TOTAL PAVERS 8240 S.F. quariDEMO mCK80M N#CIVECTB EDEN PRAIRE C O W1fIY CENTER j EXPANSION AND RENOVATION SEE SHEET A0.,3 AND A10.5 10A0 WNW aR,SUM 305 aruam4 IN esu� (703)sH-asm C.N. 0601 DATE: 7/30/07 CITY COUNCIL AGENDA DATE: SECTION: Report of Community Development Director August 7, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO. XIV.C.1. Community Development: Dunn Bros Coffee/Smith Douglas More Janet Jeremiah/David Lindahl Requested Council Action: Give direction or consent to staff to continue discussing a sale versus a lease of the Smith Douglas More Property to Dunn Bros franchisee—Puregrace LLC. Synopsis: The current 5-year lease between Dunn Bros Coffee and the City of Eden Prairie for the Smith-Douglas- More property expires at the end of this year. Over the last few months Staff has been negotiating a new lease with the Dunn Bros franchisee, Puregrace LLC, and is expecting to bring a proposal to the Council for their consideration later this month. For them to sign a new lease the rent will need to be lowered considerably to be commensurate with the level of sales the store has been doing the last few years. Puregrace and Dunn Bros are also interested in exploring the possibility of purchasing the property for the purpose of continuing to operate a coffee store long term. Staff is looking for direction or consent from the Council to continue exploring this option. The key issue, obviously, is price. If the Council agrees, and if the Dunn Bros and Puregrace are serious about buying the property, Staff will have an appraisal done to help establish a price the City would be willing to sell it for. Background: The Smith Douglas More property was purchased by the City in 1981 for the purpose of preserving it as a historical structure and life estate was granted to its sellers, Earl and Helen More. Helen died in 1993 and Earl in 1999, after which the City began planning for the reuse of the property. In 2000, the City Council directed staff to work with the Heritage Preservation and Parks, Recreation Commissions on developing recommendations for the reuse of City historic sites. In November of the same year the City Council accepted a petition from local citizens supporting continued City ownership of the Smith-Douglas-More House. After inspecting the house and property, Dunn Bros Coffee submitted a letter to the City in August 2001expressing a desire to lease and renovate the property for a new coffee store. Later the same year the Council directed staff to negotiate a lease with Dunn Bros for the reuse of the property and by September 2002 the renovations were completed. A lease between the City and Dunn Bros was approved by the City Council June 4, 2002 which had the following general provisions: ° Initial annual rent: $60,558 - $18/sf(w/rent escalator) ° Term 5-years w/two 5-year renewal options o Leasable area 3,327 Sqaure Feet o Commencement date: November 1, 2002 o Maintenance/Insurance/Tax Dunn Bros reponsibility Attachments: