Loading...
HomeMy WebLinkAboutCity Council - 02/05/2013 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,FEBRUARY 5, 2013 CITY CENTER 5:00—6:25 PM, HERITAGE ROOMS 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Lorene McWaters Workshop-Heritage Room II I. COMMISSION WORK PLANS A. CONSERVATION COMMISSION B. FLYING CLOUD AIRPORT ADVISORY COMMISSION C. HERITAGE PRESERVATION COMMISSION D. HUMAN RIGHTS & DIVERSITY COMMISSION E. PARKS,RECREATION & NATURAL RESOURCES COMMISSION Open Podium - Council Chamber II. OPEN PODIUM III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, FEBRUARY 5, 2013 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, City Planner Michael Franzen, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JANUARY 22, 2013 B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 22, 2013 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE CLEAN WATER FUND GRANT AWARD FROM THE BOARD OF WATER& SOIL RESOURCES FOR INSTALLATION OF A POND SAND FILTER C. APPROVE JOINT POWERS AGREEMENT WITH THE CITY OF CHANHASSEN FOR IMPROVEMENTS TO HIGHWAY 101 AT PLEASANT VIEW ROAD D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP INC. FOR FINAL DESIGN SERVICES FOR THE SOUTHERN SEGMENT OF THE SHADY OAK ROAD IMPROVEMENTS E. AWARD CONTRACT FOR MINNESOTA RIVER FLOODPLAIN POND REPAIR PROJECT TO RACHEL CONTRACTING CITY COUNCIL AGENDA February 5, 2013 Page 2 F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO INC. FOR MITCHELL ROAD SIDEWALK IMPROVEMENT PROJECT G. AWARD CONTRACT FOR WELL NO. 4 SERVICE AND UPGRADE TO BERGERSON-CASWELL INC. H. AWARD CONTRACT FOR WELL NO. 6 SERVICE AND UPGRADE3 TO BERGERSON-CASWELL INC. I. ADOPT RESOLUTION DECLARING PROPERTYAS ABANDONED J. APPROVE UPDATED POLICY ON COMMUNITY USE OF PARKS AND RECREATION RENTAL FACILITIES K. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR THE RILEY LAKE PARK IMPROVEMENTS L. DECLARE OBSOLETE COMPUTER EQUIPMENT AS ABANDONED IX . PUBLIC HEARINGS/MEETINGS A. RESOLUTION VACATING EASEMENT OVER PART OF COTEAU TRAIL X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY CITY COUNCIL AGENDA February 5, 2013 Page 3 XV. OTHER BUSINESS XVI. CLOSED SESSION TO DISCUSS PURCHASE OF REAL ESTATE PROPERTY XVII. ADJOURNMENT ANNOTATED AGENDA DATE: February 1, 2013 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, February 5, 2012 TUESDAY, FEBRUARY 5, 2012 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium,please contact the City Manager's office at 952.949.8412 by noon of the meeting date with your name, phone number and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium,please contact the City Manager's Office. IV. PROCLAMATIONS/PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, JANUARY 22, 2013 B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 22, 2013 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-L on the Consent Calendar. A. CLERK'S LICENSE LIST B. APPROVE CLEAN WATER FUND GRANT AWARD FROM THE BOARD OF WATER& SOIL RESOURCES FOR INSTALLATION OF A POND SAND FILTER ANNOTATED AGENDA February 5, 2013 Page 2 C. APPROVE JOINT POWERS AGREEMENT WITH THE CITY OF CHANHASSEN FOR IMPROVEMENTS TO HIGHWAY 101 AT PLEASANT VIEW ROAD D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP INC. FOR FINAL DESIGN SERVICES FOR THE SOUTHERN SEGMENT OF THE SHADY OAK ROAD IMPROVEMENTS E. AWARD CONTRACT FOR MINNESOTA RIVER FLOODPLAIN POND REPAIR PROJECT TO RACHEL CONTRACTING F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO INC. FOR MITCHELL ROAD SIDEWALK IMPROVEMENT PROJECT G. AWARD CONTRACT FOR WELL NO. 4 SERVICE AND UPGRADE TO BERGERSON-CASWELL INC. H. AWARD CONTRACT FOR WELL NO. 6 SERVICE AND UPGRADE3 TO BERGERSON-CASWELL INC. I. ADOPT RESOLUTION DECLARING PROPERTYAS ABANDONED J. APPROVE UPDATED POLICY ON COMMUNITY USE OF PARKS AND RECREATION RENTAL FACILITIES K. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR THE RILEY LAKE PARK IMPROVEMENTS L. DECLARE OBSOLETE COMPUTER EQUIPMENT AS ABANDONED IX. PUBLIC HEARINGS/MEETINGS A. RESOLUTION VACATING EASEMENT OVER PART OF COTEAU TRAIL Official notice of this public hearing was published in the January 17, 2013,Eden Prairie News and sent to 41 property owners. Synopsis: The developer of the subdivision The Enclave at Old Shady Oak has requested the vacation of the public right-of-way easement over part of Coteau Trail to accommodate a private retaining wall. As part of the subdivision plans, a retaining wall was contemplated within Outlot C, the Enclave at Old Shady Oak. After the private wall was completed, it was determined that the wall was built in public right-of-way. To re-construct or move the wall entirely onto private property would be cost prohibitive so the request was made to vacate the public right-of-way. Since private and public utilities have been installed and are presently operated and maintained within this portion of the right-of-way, the City will retain drainage and utility easement over the entire vacation area. ANNOTATED AGENDA February 5, 2013 Page 3 MOTION: Move to: • Close the public hearing; and ■ Adopt the Resolution vacating the public right-of-way easement over part of Coteau Trail as dedicated on the recorded plat of The Enclave at Old Shady Oak, Hennepin 1 County, Minnesota. X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PUBLIC WORKS DIRECTOR E. REPORT OF POLICE CHIEF F. REPORT OF FIRE CHIEF G. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. CLOSED SESSION TO DISCUSS PURCHASE OF REAL ESTATE PROPERTY XVII. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,JANUARY 22, 2013 CITY CENTER 5:00—6:25 PM, HERITAGE ROOMS 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Lorene McWaters Workshop-Heritage Room II Council Member Kathy Nelson was absent due to illness. I. QUALITY OF LIFE SURVEY RESULTS (5:30-6:15) Bill Morris and Peter Leatherman, Decision Resources Inc.,presented the results of the Eden Prairie 2012 Quality of Life Survey. Morris said 400 respondents completed the telephone survey, with the average interview lasting 28 minutes. The non-response rate was 3%. The demographics of respondents were similar to those of the 2010 census. Morris said 99% of respondents rate the quality of life in Eden Prairie as excellent or good. Top responses to what respondents like most about Eden Prairie included schools (15%), trails/parks/recreation(15%) and friendly people (14%). Morris said these types of responses are more typical of residents of a village or town than a suburb. He said residents feel Eden Prairie has a unique identity and they place a high value on natural resources. When asked what they liked least about Eden Prairie, 29% said there is nothing they dislike. Traffic congestion was second on the list at 17%. Respondents were asked about awareness of and participation in various City-sponsored events. The Fourth of July had the highest awareness (96%) and participation(70%). Night to Unite was second highest(87% awareness, 53 %participation). When asked whether or not they would like to see additional events offered, 88% said no. Council Member Case asked whether not having an identifiable downtown affects this answer. He also said people answering that they do not feel additional events are needed does not mean they would not take advantage of other events. Morris noted that farmers markets rate highest in awareness and participation in other communities. Respondents also rated a number of City services. The highest rated services were street sweeping,police services,water and sewer services and park maintenance. City drinking City Council Workshop Minutes January 22, 2013 Page 2 water received a 9%negative rating and street sweeping received a 7%negative rating. Morris said positive ratings were up by 10 to 15%, and the negative ratings were much lower than other communities. Thirty-eight percent said they would favor a one percent tax increase to maintain services at their current levels, down from 49 percent in 2010. Forty- one percent said they would oppose a one percent tax increase. Respondents listed traffic speeding as the greatest public safety concern(26%), following by none (20%) and youth crimes/vandalism(14%). Only 53% of respondents were aware of the City's rental property licensing and inspection program. Morris said that is fairly low. He said staff may want to find ways to increase awareness. Seventy-nine percent of respondents feel the City is doing the right amount to protect its lakes and ponds, and 84% feel there is about the right amount of natural open space. Eighty- three percent said they feel they have input in planning and development of the City. Only 7% say they do not have enough input, the lowest in the metro area according to Morris. Eight percent said they are aware that LRT is expected to come to Eden Prairie in the next five to seven years, and 79 percent indicate they support or strongly support LRT. Of those who said they will use LRT, most will use it to get to sporting events (30%) or entertainment (32%). Twenty percent said they would use it to get to work. Forty-three percent of respondents said they consider airport noise as "not at all serious," down from 52% in 2010. Eight-two percent favor municipal liquor stores. Of the nine percent who said they oppose municipal liquor stores, 44% changed their minds when they were told the liquor stores generate one million dollars in revenue for the City each year. Seventy-nine percent of respondents rated the City's large community parks as excellent or good, and 71 percent rated smaller neighborhood parks as excellent or good. Sixty-four percent said they had contact with City Hall. Of those who had contact, 99%rated staff courtesy as positive, ease of reaching staff at 97% and waiting time for response at 96%. Local newspapers are the preferred source of information (51%) followed by the City's website (18%). Eighty percent of residents said they receive the Eden Prairie News, while only 55%receive the Eden Prairie Sun Current. Ninety-one percent read"Life in the Prairie," and of those readers 96%rate the content as excellent or good. Forty-four percent of respondents were aware that the City launched a new website in 2012. Of those who have accessed the website, 96% rated it as excellent or good. Morris said that rating is very high compared to other communities, but suggested that the City could do more to let people know about the new website. Mayor Tyra-Lukens said she is very impressed with these numbers, and she feels they are the result of good decision-making by past leaders and a commitment to maintaining high standards today. City Council Workshop Minutes January 22, 2013 Page 3 II. AQUATICS TASKS AND COMMUNICATIONS UPDATES (6:15-6:30) Parks and Recreation Director Jay Lotthammer handed out an outline tasks and communications related to the proposed Community Center aquatics project. Lotthammer said that subsequent to the November 20 City Council workshop, the Parks, Recreation& Natural Resources Commission met and passed a motion recommending that the City move forward with the process and engage an architect. The Commission also strongly recommended that both Phase I and Phase II be implemented. Upcoming events include a fundraising meeting with Foxjets members. Lotthammer said staff could be ready to recommend an architectural firm as soon as February 5. Under this scenario, groundbreaking for a new fitness/competition pool could take place in April 2014 and the proposed community pool could be completed by April 2016. Lotthammer said this timeline allows for staff to take maximum advantage of grants and fundraising opportunities. Mayor Tyra-Lukens said the current pool is not on par with other City facilities, and it needs to be improved. Case said he would like to see more detail on what Council actions will be requested during the approval process. He asked how much the architectural design contract will be. Lotthammer said it will be between $400,000 and $500,000. Council Member Aho said he feels more community input is needed before going forward with a project of this magnitude. He would like to see a process that includes an open house or community forum. Tyra-Lukens agreed, and said she would like to schedule a town hall meeting that would include a presentation as well as time for feedback. Case said they need to be careful of what metric they use to determine whether or not there is enough support for the project. Open Podium - Council Chamber III. OPEN PODIUM IV. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JANUARY 22, 2013 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Ron Case, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Finance Director Sue Kotchevar, City Attorney Ric Rosow and Council Recorder Jan Curielli ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 PM. Council Member Nelson was absent. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. DR. MARTIN LUTHER KING, JR., PROCLAMATION Mayor Tyra-Lukens read a proclamation proclaiming 2013 as a year to celebrate human rights and diversity and to recognize and celebrate Dr. Martin Luther King, Jr.'s dream. Pam Spera, Chair of the Human Rights &Diversity Commission, announced the start of the Human Rights Award process. The Human Rights Awards have a goal to recognize Eden Prairie individuals, non-profits,businesses or school-age youths who have worked to encourage human rights. Nomination forms for the award are available on the website and will be accepted through March 8, 2013. On March 14 the Human Rights & Diversity Commission will review the nomination forms and select award winners in each of the four categories. The award will be presented at the City Council meeting in April or May. B. QUALITY OF LIFE SURVEY RESULTS Tyra-Lukens said Council Members heard the results of a Quality of Life survey at their workshop tonight. The survey is done every other year. It gives us a chance to see how we are doing as a community and gives some direction for our time and resources. CITY COUNCIL MINUTES January 22, 2013 Page 2 Bill Morris, President of Decision Resources, gave general highlights of the survey results. He said they randomly selected 400 residents from across the community to participate in the survey which was conducted after the November election. He said 99% of the participants rated the quality of life in Eden Prairie as either excellent or good, which places the City well within the top ten metropolitan-area suburbs. The survey used open-ended questions such as what they liked most about living in the City and what they liked least. He said 84% of the participants rated the value of City services as excellent or good,which is one of the highest ratings in the metropolitan area. He noted Eden Prairie is one of the few cities in which tax hostility has dropped well below the norm for the metropolitan area. He concluded Eden Prairie has built a phenomenal reservoir of good will. Tyra-Lukens asked if the report will be available on the website. Getschow replied the entire survey with graphics and demographic breakdowns will be posted on the website. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Item XIV.A.1. MOTION: Case moved, seconded by Aho, to approve the agenda as amended. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JANUARY 8, 2013 MOTION: Butcher Wickstrom moved, seconded by Case, to approve the minutes of the Council workshop held Tuesday, January 8, 2013 as published. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 8, 2013 MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the minutes of the City Council meeting held Tuesday, January 8, 2013 as published. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2013-20 APPROVING PARTICIPATION IN HENNEPIN COUNTY HOUSING& REDEVELOPMENT AUTHORITY'S "OPEN FOR BUSINESS" SMALL BUSINESS TECHNICAL ASSISTANCE PROGRAM CITY COUNCIL MINUTES January 22, 2013 Page 3 C. APPROVE RELEASE OF AGREEMENT REGARDING SPECIAL ASSESSMENTS (SUMMIT PLACE SENIOR CAMPUS) D. ADOPT RESOLUTION NO. 2013-21 APPROVING JOINT POWERS AGREEMENT BETWEEN BLOOMINGTON, EDEN PRAIRIE AND EDINA FOR THE TH 169/I-494 INTERCHANGE IMPROVEMENTS E. APPROVE PROFESSIONAL SERVICE AGREEMENT FOR SAND FILTER DESIGN AND CLEANOUT OF A STORMWATER POND UPSTREAM OF STARING LAKE F. APPROVE DISPOSAL OF CITY VEHICLES, EQUIPMENT AND OTHER ITEMS CONSIDERED AS "SURPLUS PROPERTY" G. APPROVE 2013 PURCHASE OF REPLACEMENT VEHICLES AND EQUIPMENT H. ADOPT RESOLUTION NO. 2013-22 ADVISING THE BOARD OF HENNEPIN COUNTY COMMISSIONERS REGARDING DISPOSAL OF TAX FORFEITED LAND WITHIN EDEN PRAIRIE I. AWARD CONTRACT FOR MARSH LAKE TRAIL DESIGN TO HTPO J. ADOPT RESOLUTION NO. 2013-23 ACCEPTING CONTRIBUTIONS AND DONATIONS TOTALING OVER$128,800 FROM BUSINESSES AND INDIVIDUALS DURING 2012 K. APPROVE PURCHASE OF A CUMMINS 600KW STANDBY GENERATOR AND ONAN AUTOMATIC TRANSFER SWITCH L. ADOPT RESOLUTION NO. 2013-24 AMENDING RESOLUTION NO. 2012- 166,REGULATING FEES AND CHARGES FOR BUSINESS LICENSES, PERMITS AND MUNICIPAL SERVICES, BY ADDING FEES RELATED TO MASSAGE ENTERPRISES AND THERAPISTS M. AWARD CONTRACT FOR RINK 2 FLOOR AND REFRIGERATION SYSTEM TO COMMERCIAL REFRIGERATION SYSTEMS, INC. N. AWARD CONTRACT FOR RINK 2 DASHER BOARDS AND ENHANCEMENTS TO RINK 1 & 3 DASHER BOARDS TO BECKER ARENA PRODUCTS, INC. O. AWARD CONTRACT FOR LOW E CEILINGS IN ALL 3 RINKS TO R & R SPECIALTIES, INC. P. AWARD CONTRACT FOR RINK REFRIGERATION WASTE HEAT RECOVERY ENHANCEMENTS TO NORTHERN AIR CORPORATION (NAC) CITY COUNCIL MINUTES January 22, 2013 Page 4 Regarding Item VIII.G., Tyra-Lukens said she recently attended the U.S. Conference of Mayors in Washington, D.C. where the Mayor of Indianapolis gave a presentation about their initiative to move their entire fleet, other than police vehicles, to non-gasoline powered vehicles by 2015. She hoped we are thinking about m.p.g. ratings as we replace vehicles and that we have a constant evaluation of where the technology has gone. She noted Allied Waste recently put in compressed natural gas vehicles in their fleet. She hoped we are always pushing towards more alternative fuel vehicles. MOTION: Case moved, seconded by Butcher Wickstrom, to approve Items A-P on the Consent Calendar. Motion carried 4-0. IX . PUBLIC HEARINGS/MEETINGS X. PAYMENT OF CLAIMS MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Aho, Butcher Wickstrom, Case, and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. State Statute Regarding Gun Rights and Control--Council Member Case Case said he and other Council Members received emails from residents after the Newton, CT crisis expressing concern about what cities can and can't do about gun rights and gun control. He asked the City Attorney to review what cities are and are not permitted to do by State statute. Rosow there are two components: regulation with respect to zoning of the location of fire arm dealers; and regulation with respect to the sale,possession and use of fire arms. The City has the authority to regulate the location of dealers of fire arms by zoning ordinance as long as it is not unreasonable, discriminatory or arbitrary. The City does regulate the locations of our commercial businesses. We do not have a list of business types allowed,but rather have general categories of commercial uses. Fire arm dealers are permitted in those commercial districts. A city is not allowed to zone a use out of the community,but can require setbacks from protected kinds of uses such as schools. CITY COUNCIL MINUTES January 22, 2013 Page 5 Rosow said a city has very limited authority as to the sale,possession and use of guns. Minnesota State law has pre-empted the cities' authority to regulate firearms, ammunition or their components. A city can regulate the discharge of fire arms and can adopt regulations that are identical to State law. He noted State law bans the sale of machine gun-type fire arms. Tyra-Lukens asked what would be the reason to adopt regulations that are identical to State law. Rosow said a council might decide to show support for that particular law by putting it into the city code. B. REPORT OF CITY MANAGER 1. 2013 Work Plans Getschow said for a number of years the departments in the City have produced work plans. Work plans allow the staff to understand what we are delivering and why. He gave a PowerPoint presentation of the 2012-2013 Work Plans document. He noted the new work plans are two-year plans with goals, strategies and performance measures. Many of the goals will stay the same for five to ten years and some will always be City goals. Some of the strategies may change every year or two and some may not change at all. The concept of performance measurement is new to the work plans and may change from year to year. Getschow said no action is required by the Council tonight. He said staff hopes our next two-year budget process can be streamlined so that we can bring budget recommendations based on achieving the goals and strategies of the work plan. The performance measurements will provide the City Council with performance score cards or data on how programs and strategies fared. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Case moved, seconded by Aho, to adjourn the City Council meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 7:39 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 5, 2013 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. Requested Action Motion: Approve the licenses listed below Temporary Liquor Organization: Church of Pax Christi of Eden Prairie Event: Reception after Mass Date: March 30, 2013 Place: Church Social Hall 12100 Pioneer Trail - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda February 5, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 12-5825 ITEM NO.: VIII.B. Leslie Stovring Approve a CWF Grant Award from BWSR for Engineering Installation of a Sand Filter on a Pond Adjacent to Staring Lake Requested Action Move to: Approve a Clean Water Fund Grant Award from the Board of Water and Soil Resources for Installation of a Sand Filter on a Pond Adjacent to Staring Lake for$53,025. Synopsis The City of Eden Prairie has received a Clean Water Fund(CWF) grant from the Board of Water & Soil Resources for enhancement of a stormwater pond on the northeast corner of Staring Lake. Hennepin County has agreed to match the CWF grant with an additional $25,000. The total project cost is estimated as $150,000. The remainder will be paid out of the stormwater utility fund. Background Information The City of Eden Prairie and the Riley Purgatory Bluff Creek Watershed District are jointly developing and implementing a restoration plan for Staring Lake that includes nutrient reductions and biomanipulation(carp management). In September 2012 the City applied for a CWF Grant through a Competitive Grants Program that is being managed by the Minnesota Board of Water& Soil Resources (BWSR). We were approved for the grant in December 2012 and Wenck Associates has been hired to help manage the project. Iron-enhanced filtration benches (IEFB) are a relatively new stormwater treatment practice that is showing good promise in becoming a tool to help improve water quality. Data from the University of Minnesota shows that IEFB can be very effective at removing dissolved phosphorus from stormwater that is flowing through a pond. The expected life for the IEFB is from 10 to 25 years, depending on the amount of phosphorus within the stormwater and the groundwater conditions on site. Because it is a new practice, the City will work to develop long- term inspection and maintenance practices to maintain filter efficiency and provide data on how this practice could be incorporated into future areas. The City is currently working with BWSR to revise the Liability and Data Practices sections of the grant agreement. Once these sections are completed, the agreement will be ready for signature. Attachment Grant Agreement STATE OF MINNESOTA BOARD OF WATER AND SOIL RESOURCES FY 2013 COMPETITIVE GRANTS PROGRAM GRANT AGREEMENT This Grant Agreement is between the State of Minnesota,acting through its Board of Water and Soil Resources(Board),and City of Eden Prairie, 8080 Mitchell Road,Eden Prairie,MN 55344(Grantee). Fiscal Agent: City of Eden Prairie Project Number Mgrant Description Grant Amount CWF13-153 Clean Water Assistance $ 53,025 TOTAL $ 53,025 RECITALS 1. The Laws of Minnesota 2011, 1st Special Session,Chapter 6,Article 2,Section 7;Laws of Minnesota 2012,Chapter 264, Article 2, Section 3,appropriated Clean Water Fund(CWF)funds to the Board for the FY 2013 Competitive Grants Program. 2. Minnesota Statutes 103B.101,subd.9(1),and 103B.3369,authorize the Board to award this grant. 3. The Board has adopted the FY 2013 Clean Water Fund Competitive Grants Policy in Board Resolution 12-54 to implement this Program. 4. The Grantee has submitted a BWSR approved work plan for this Program which is incorporated into this agreement by reference. 5. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. 6. As a condition of the grant,Grantee agrees to minimize administration costs. GRANT AGREEMENT Authorized Representatives The State's Authorized Representative is David Weirens,BWSR Land&Water Section Manager,520 Lafayette Road North, Saint Paul,MN 55155,651-297-3432,or his successor,and has the responsibility to monitor the Grantee's performance and the authority to accept the services and performance provided under this Grant Agreement. The Grantee's Authorized Representative is: Title Address City Telephone Number If the Grantee's Authorized Representative changes at any time during this Agreement,the Grantee must immediately notify the State. 1 Term of Grant Agreement 1.1 Effective date: January 1,2013,or the date the State obtains all required signatures under Minn. Stat. § 16B.98, Subd.5, whichever is later. The Grantee must not begin work under this grant contract until this contract is fully executed and the Grantee has been notified by the State's Authorized Representative to begin the work. 1.2 Expiration date: December 31,2015,or until all obligations have been satisfactorily fulfilled,whichever comes first. 1.3 Survival of Terms: The following clauses survive the expiration or cancellation of this Agreement: 7.Liability; 8. State Audits; 9.Government Data Practices; 11.Governing Law,Jurisdiction,and Venue. 2 Grantee's Duties The Grantee is responsible for the specific duties for the Program as follows: 2.1 Implementation: The Grantee will implement the work plan,which is incorporated into this Agreement by reference. 2.2 Reporting: All data and information provided in a Grantee's report shall be considered public. Page 1 of 4 2.2.1 The Grantee will submit an annual progress report to the Board by February lof each year on the status of program implementation by the Grantee. Information provided must conform to the requirements and formats set by the Board. 2.2.2 Display on its website the previous calendar year's detailed information on the expenditure of these State grant funds and measurable outcomes as a result of the expenditure of these State grant funds according to the format specified by the BWSR,by March 15 of each year. 2.2.3 The Grantee will submit a final progress report to the Board by February 1,2016 or within 30 days of completion of the Project,whichever occurs sooner. Information provided must conform to the requirements and formats set by the Board. 2.3 Match: Ensure any local match requirement will be provided as stated in Grantee's approved work plan. 3 Time The Grantee must comply with all the time requirements described in this Grant Agreement. In the performance of this Grant Agreement,time is of the essence. 4 Terms of Payment 4.1 Grant funds will be distributed in three installments: 1)The first payment of 50%will be distributed after the execution of the Grant Agreement. 2)The second payment of 40%will be distributed after the first 50%has been expended and reporting requirements have been met. Selected grantees will be required at this point to submit an interim itemized financial report and documentation of the expenditures reported there. 3)The third payment of 10%will be distributed after final requirements are met,including the submission of a final itemized financial report. 4.2 Any grant funds remaining unspent after the end of the expiration date stated above or after all obligations have been met will be returned to the Board within 30 days of that date. 4.3 The obligation of the State under this Grant Agreement will not exceed the amount stated above. 4.4 This grant includes an advance payment of 50 percent of the grant's total amount. Advance payments allow the grantee to have adequate operating capital for start-up costs,ensure their financial commitment to landowners and contractors,and to better schedule work into the future. 5 Conditions of Payment All services provided by the Grantee under this Grant Agreement must be performed to the State's satisfaction,as set forth in this Agreement and in the BWSR approved work plan for this program. Compliance will be determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal,state,and local laws,policies,ordinances,rules, FY 2013 Clean Water Fund Competitive Grants Policy,and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, State,or local law. The Minnesota Department of Administration's Office of Grants Management Policy On Grant Closeout Evaluation(Policy 08— 13)requires the Board to consider a grant applicant's past performance before awarding subsequent grants to them.The Board must consider a grant applicant's performance on prior grants before making a new grant award of over$5,000. The Board may withhold payment on this and grants from other programs if the Grantee is not in compliance with all Board reporting requirements. 6 Assignment,Amendments,and Waiver 6.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this Grant Agreement without the prior consent of the State and a fully executed Assignment Agreement,executed and approved by the same parties who executed and approved this Grant Agreement,or their successors in office. 6.2 Amendments. Any amendment to this Grant Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Grant Agreement,or their successors in office. Amendments must be executed prior to the expiration of the original agreement or any amendments thereto. 6.3 Waiver. If the State fails to enforce any provision of this Grant Agreement,that failure does not waive the provision or its right to enforce it. 7 Liability The Grantee must indemnify,save,and hold the State,its agents,and employees harmless from any claims or causes of action, including attorney's fees incurred by the State,arising from the performance of this Grant Agreement by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this Grant Agreement. 8 State Audits Under Minn. Stat. § 16B.98,subd. 8,the Grantee's books,records,documents,and accounting procedures and practices of the Grantee or other party relevant to this Grant Agreement or transaction are subject to examination by the State and/or the State Auditor or Legislative Auditor,as appropriate,for a minimum of six years from the end of this Grant Agreement,receipt and Page 2 of 4 approval of all final reports,or the required period of time to satisfy all State and program retention requirements,whichever is later. 8.1 The books,records,documents,accounting procedures and practices of the Grantee and its designated local units of government and contractors relevant to this grant,may be examined at any time by the Board or Board's designee and are subject to verification. The Grantee or delegated local unit of government will maintain records relating to the receipt and expenditure of grant funds. 8.2 The Grantee or designated local unit of government implementing this Agreement will provide for an audit that meets the standards of the Office of State Auditor.The audit must cover the duration of the Agreement Period and be performed within one year after the end of the Agreement Period or when routinely audited,whichever occurs first. Copies of the audit report must be provided to the Board if requested. 9 Government Data Practices The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this Agreement,and as it applies to all data created,collected,received,stored,used,maintained, or disseminated by the Grantee under this Grant Agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause,the Grantee must immediately notify the State. 10 Workers' Compensation The Grantee certifies that it is in compliance with Minn. Stat. § 176.181,subd.2,pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. 11 Governing Law,Jurisdiction,and Venue Minnesota law,without regard to its choice-of-law provisions,governs this Grant Agreement. Venue for all legal proceedings out of this Agreement,or its breach,must be in the appropriate State or federal court with competent jurisdiction in Ramsey County, Minnesota. 12 Termination 12.1 The State may cancel this Grant Agreement at any time,with or without cause,upon 30 days'written notice to the Grantee. Upon termination,the Grantee will be entitled to payment,determined on a pro rata basis,for services satisfactorily performed. 12.2 In the event of a lawsuit,an appropriation from a Clean Water Fund is canceled to the extent that a court determines that the appropriation unconstitutionally substitutes for a traditional source of funding. 13 Data Disclosure Under Minn. Stat. §270C.65,Subd. 3,and other applicable law,the Grantee consents to disclosure of its social security number, federal employer tax identification number,and/or Minnesota tax identification number,already provided to the State,to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and State tax laws which could result in action requiring the Grantee to file State tax returns and pay delinquent state tax liabilities,if any. 14 Prevailing Wage It is the responsibility of the Grantee or contractor to pay prevailing wages on construction projects to which State prevailing wage laws apply(Minn. Stat. 177.42—177.44).All laborers and mechanics employed by grant recipients and subcontractors funded in whole or in part with these State funds shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality. 15 Constitutional Compliance It is the responsibility of the Grantee to comply with requirements of the Minnesota Constitution regarding use of Clean Water Funds to supplement traditional sources of funding. 16 Signage It is the responsibility of the Grantee to comply with requirements for project signage,as provided in Laws of Minnesota 2009, Chapter 172,Article 5,Section 10,for Clean Water Fund projects. 17 Intellectual Property Rights The State owns all rights,title,and interest in all of the intellectual property rights,including copyrights,patents,trade secrets, trademarks,and service marks in the Works and Documents created and paid for under this grant. Works means all inventions, improvements,discoveries(whether or not patentable),databases,computer programs,reports,notes,studies,photographs, Page 3 of 4 negatives,designs,drawings,specifications,materials,tapes,and disks conceived,reduced to practice,created or originated by the Grantee,its employees,agents,and subcontractors,either individually or jointly with others in the performance of this grant. Works includes"Documents."Documents are the originals of any databases,computer programs,reports,notes,studies, photographs,negatives,designs,drawings,specifications,materials,tapes,disks,or other materials,whether in tangible or electronic forms,prepared by the Grantee,its employees,agents,or subcontractors,in the performance of this grant. The Documents will be the exclusive property of the State and all such Documents must be immediately returned to the State by the Grantee upon completion or cancellation of this grant at the State's request.To the extent possible,those Works eligible for copyright protection under the United States Copyright Act will be deemed to be"works made for hire."The Grantee assigns all right,title,and interest it may have in the Works and the Documents to the State.The Grantee must,at the request of the State, execute all papers and perform all other acts necessary to transfer or record the State's ownership interest in the Works and Documents. IN WITNESS WHEREOF,the parties have caused this Grant Agreement to be duly executed intending to be bound thereby. APPROVED: City of Eden Prairie Board of Water and Soil Resources BY: BY: TITLE TITLE: Land&Water Section Manager DATE: DATE: H:13CGPG Page 4 of 4 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 5, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 11-5789 ITEM NO.: VIII.C. Robert Ellis, Director Joint Powers Agreement for Improvements Public Works to Highway 101 at Pleasant View Road Requested Action Move to: Approve the Joint Powers Agreement with the City of Chanhassen for Improvements to Highway 101 at Pleasant View Road. Synopsis The City of Chanhassen has entered into a cooperative construction agreement with the Minnesota Department of Transportation for improvements to Trunk Highway No. 101 from Fox Hollow Drive to West 62nd Street and on Pleasant View Road from Timber Hill Road to T. H. 101, State Project No. 2736-45, and MnDOT Contract No. 01176. A portion of this project includes the installation of right and left turn lanes on Highway 101 at the intersection of Pleasant View Road into Eden Prairie. The intersection will also be improved with pedestrian enhancements. Chanhassen will be the lead agency for the design and construction administration of the Intersection Project. If satisfactory bids are received, Chanhassen will award the contract for construction to the lowest responsive and responsible bidder in accordance with state law. Chanhassen will administer the contract and act as the paying agent for payments to the contractor. The total project cost is estimated at $920,000. Eden Prairie agrees to pay Chanhassen $73,800, which Chanhassen will apply towards payment of the Intersection Project Costs. Background Information The City Staff has been working with the City of Chanhassen to make traffic and pedestrian improvements to the intersection of Highway 101 and Pleasant View Drive. These improvements will facilitate a more efficient and safe movement of vehicles and pedestrians. Attachments • Joint Powers Agreement • Construction Schedule • Construction Cost Estimate • Intersection Improvement Layout AGREEMENT THIS AGREEMENT is made and entered into this day of , 2013, by and between the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation ("EP") and the CITY OF CHANHASSEN, a Minnesota municipal corporation("Chanhassen"). RECITALS A. The parties have agreed to participate in funding the construction of the Trunk Highway 101 and Pleasant View Road intersection improvement(the "Intersection Project"). B. Chanhassen has entered into a Cooperative Construction Agreement with the Minnesota Department of Transportation ("MnDOT") for improvements to Trunk Highway No. 101 from Fox Hollow Drive to West 62nd Street and on Pleasant View Road from Timber Hill Road to T. H. 101, State Project No. 2736-45, and MnDOT Contract No. 01176. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. INTERSECTION PROJECT. Right and left turn lanes will be constructed on Highway 101 at the intersection into Eden Prairie and the intersection will be improved with pedestrian enhancements. 2. DESIGN, CONSTRUCTION AND PAYMENT. Chanhassen will be the lead agency for the design and construction administration of the Intersection Project. Chanhassen, EP and MnDOT must approve the plans and specifications for the Intersection Project prior to advertising for bids. If satisfactory bids are received, Chanhassen will award the contract for construction to the lowest responsive and responsible bidder in accordance with state law. Chanhassen will administer the contract and act as the paying agent for payments to the contractor. 3. COST ALLOCATION. EP agrees to pay Chanhassen Seventy-three Thousand Eight Hundred and no/100 ($73,800.00) Dollars, which Chanhassen will apply towards payment of the Intersection Project Costs. 4. PAYMENT. EP agrees to pay Chanhassen a lump sum payment of seventy three thousand eight Hundred Twenty and no/100 ($73,800.00) Dollars upon substantial completion of the Intersection Project as certified by the Chanhassen Public works Director. 5. PROJECT OWNERSHIP. Upon completion of the Intersection Project, the Intersection Project shall be owned and maintained by Chanhassen. Doc.#168445v.1 1 RNK: 1/21/2013 6. EMPLOYEE STATUS. Any and all persons engaged in the work to be performed by one party shall not be considered employees of the other party, and any and all claims that may or might arise out of the employment context on behalf of employees while so engaged and any and all claims made by any third party as a consequence of any act or omission on the part of employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the other party. 7. AUDITS. Any books, records, documents, and accounting procedures and practices of a party are subject to examination by the other party and either the Legislative Auditor or the State Auditor, as appropriate. The parties agree to maintain these records for a period of six (6) years from the date of performance of all services covered under this Agreement. 8. INDEMNIFICATION. Each party is responsible for its own acts and omissions and the results thereof to the extent authorized by law. Minnesota Statutes Chapter 466 and other applicable law govern the parties' liability. To the full extent permitted by law, this Agreement is intended to be and shall be construed as a"cooperative activity" and it is the intent of the parties that they shall be deemed a"single governmental unit" for the purposes of liability, all as set forth in Minnesota Statutes §471.59, subd. la(a); provided further that for purposes of that statute, each party to this Agreement expressly declines responsibility for the acts or omissions of the other party. In addition to the foregoing, nothing herein shall be construed to waive or limit any immunity from, or limitation on, liability available to either party, whether set forth in Minnesota Statutes Chapter 466 or otherwise. 9. DATA PRACTICES. All data created, collected, received, maintained or disseminated for any purpose in the course of this Agreement is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. 10. DISPUTE RESOLUTION. Any dispute relating to this Agreement shall be submitted to mediation. Upon service of a written notice requesting mediation, the parties shall have ten(10) days to select a mediator. If the parties are unable to agree upon a mediator, the Chief Judge of the 4th Judicial District, Hennepin County, Minnesota, shall select a mediator. The mediation shall be conducted pursuant to the procedures used by the mediator, provided that the entire mediation process be concluded within thirty(30) days of appointment of the mediator, or within such other time as the parties may agree in writing. Each party shall bear its own cost of the mediation process. The parties shall share equally the fees and expenses of the mediator. No action shall be commenced in any court to enforce or otherwise imply, interpret, or seek cure for a breach of this Agreement, excluding an action requesting a Temporary Restraining Order, before the completion of the dispute resolution process outlined in this section. Neither party shall assert,plead, raise, allege, or rely upon the applicable statute of limitations, laches, timeliness, delay, or any other defense based on the passage of time during the dispute resolution process in any subsequent judicial or administrative proceeding. Doc.#168445v.1 2 RNK: 1/21/2013 11. NOTICES. Notices to be given under this Agreement shall be given by enclosing the same in a sealed envelope, postage prepaid and deposited in same in the U.S. Postal Service, addressed to the parties as listed below: City of Eden Prairie City of Chanhassen ATTN: Robert Ellis ATTN: Todd Gerhardt, City Manager Eden Prairie City Offices Chanhassen City Hall 8080 Mitchell Road 7700 Market Boulevard Eden Prairie, MN 55344-2230 PO Box 147 Chanhassen, MN 55317 12. SIGNING OF AGREEMENT. This Agreement may be signed in counterparts and on different dates by each party without affecting the validity thereof 13. INTEGRATION. The entire and integrated agreement of the parties contained in this Agreement shall supersede all prior negotiations, representations, or agreements between the parties regarding the Intersection Project, whether written or oral. IN WITNESS WHEREOF, this Agreement has been executed as of the day and year first above written. CITY OF CHANHASSEN BY: Thomas A. Furlong, Mayor BY: Todd Gerhardt, City Manager STATE OF MINNESOTA ) (ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of , 2013, by Thomas A. Furlong and Todd Gerhardt, the Mayor and City Manager, respectively, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public Doc.#168445v.1 3 RNK: 1/21/2013 CITY OF EDEN PRAIRIE BY: Nancy Tyra-Lukens, Mayor BY: Rick Getschow, City Manager STATE OF MINNESOTA ) (ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2013, by Nancy Tyra-Lukens and Rick Getschow, the Mayor and City Manager, respectively, of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (652) 452-5000 RNK Doc.#168445v.1 4 RNK: 1/21/2013 TH 101 AND PLEASANT VIEW ROAD INTERSECTION IMPROVEMENTS CITY OF CHANHASSEN PROJECT NO. 11-05 December 20, 2012 ADVERTISING/BIDDING SCHEDULE Advertise Project in Chanhassen Villager January 24, 2013 January 31, 2013 February 7, 2013 Advertise Project on QuestCDN January 24, 2013 Bid Opening February 14, 2013 Council Awards Construction Contract February 25, 2013 Begin Construction June 2013 Construction Complete Early September 2013 TH 101/Pleasant View Road Improvements City Project# 11-05 State Project No. 2736-45 2012 Est. Total Construction Cost (less ped x-ing imp) $920,000 Less Total Grant Funds (Construction Only) $570,000 Less Pleasant View Road Improvements $230,400 TH 101 Turn Lane Improvement Costs $119,600 50% Chanhassen Share $59,800 50% Eden Prairie Share $59,700 Total Pedestrian Enhancement Improvements costs $56,400 50% MnDOT Share $28,200 25% Chanhassen Share $14,100 25% Eden Prairie Share $14,100 Total Eden Prairie Share $73,800 - rSTHEEi SIGN 11 ,1L 1'44 1 �! ❑ •� © I Q I Pi HASSEN ROAD Pi `� 1,� '1! TV, I Lo ! - C-22 d d 1 '� 1 D � 0 �i yyJl I IA. f1-ROAO _ _ _• ., y_ I 9 ` r✓ --- -- . ,E,., ...AI� gam ,k- ' 45w - I ° - v oi: IF- III F HA STRIPING LEGEND T IIII CT LOGA O SEWS TO BE Qj IN-PLACE FOR INFORMATION ONLY -ITEMITEMII MI DETER in. RI AELD. d SALVAGE (SW-1) 4'sous I AE*MITE—rPG#Y (S19-0 4'SOLID I.YJE YRSITE-PANT 'J' PA ENT I+FSEA -PUNY - n 0 FLIRWSN AND INSTALL (4OY-E) 4'OOUNLE soup ERE YELLOW-EPDXY 461- 4'OWBLE SOUP TUNE YELLOW-PAMT Ar PAVEMENT Ik.-,+s'-PAINT F 0 INSTALL �0 44'S UD IJHE YELLOW-FPOMI' �FJ 52 Stllo LIME Y*E1E-PAINT l a , 0EMOVE R 5 _ M J,���' �,_ �.-SAY tr '4 V I t ir�Ir�J� 0 r Th 0k / 42* i 1 II=.J @ 4--g 8 - 1 4 1 * ie:A - D., iiar-,_.-... ---pit \1141 4,77-.7,,r:, _ , 107' € E[7 � 4 EL ►. - o-Apr � .q� mi l,-c_--`- - N �` ' cRrswA N t N ▪ ^� MARWHG-FPOIcr Li L.L L M0 S peALFYENT _ I � s-~— ' — -a,.-_-_-I - - 5 _I. -^ MEET UN ✓ PLEASANT w DRIVE - J ■ im WEST T AVE Q�''251 {► PLEAS NEWW DRIVE �y ' _ - —__—_ - _— � _-.�- NOY Yf TO j, 2EG 1 c n r ' Vt1 1; a II P i ` P III M. Date Revisions.kna App. 6RAN17I0 PIEME I MUM amv.THAT Tis",..,WECFCATL. h41NNPSOTA DEPARTAAEr'!r OFTWdlSP'ORTATION 91ET ND 1 2 CH HEIVAT WS PICPAAm iv NE op InmEn r. CITY PROJECT 11_Og R/Tv/M] unDOr CO COMalEH15 C6L hISO1�IGN-THi0l-dxq Yf6i.'1 APEMAN Am THAT I Au A COY CITY OF C✓•A1HASSEN DE9DNE71 BY: a.,G =ri m ucaMSED ana CHAL L1IOELFA 1AWEn THE TH 1D1 AND PLEASANT VIEW - 65 u>n,s of nc STATE w rwlE-^rti COUNTY PROJECT DRAM BYi HMW Inc. tAIPFtOVEMENIS GIECKE➢91h col_ � CM'O' Tx1m 5.A.P.i94-Olp-O93,194-1pp-001 nsr.'m 11w 1 T:m aPa awr a tq M�."U 1" CM' /�DATE OT/OS�MiP IRO Ao.iwA BRN65t+i ,N,iiN➢OrI.PE (IAMB &MING AND WRIPING PLAN ,�SJ E2 144440 ND MOH D2E DA-CD o/0.5/AIE w kIc.ea 4M03 `fLV1[M1l1Cl1 STA-D.Mro STA 02,E S.P. �7.T-i5{T.H. 101) ill III ABBR*VI ATIONS eL RUJE HOD." BLUE H1TH'SLACK TRACER ■ PEDESTRIAN PUSH DUTTON STATION MW c BUS BLACK HLKAIM1I RLALT(tl1-Ivl 11SiITE TRACER EQUIPMENT PA iRAIBC 5oMl>•aLC DIGS GROUND FURNISH ANDD INSTALL lL C SOOTH111 oi011]/a' [Eoi N/II Wow.AwwNW TLTAfSTEEN WITH BLACK TRACER �4TA GREEN LEFT TURN ARROW WA' � 6 • "RN GREEN fs-D6TK GP PdL51mRM Plal LISrOX [�� R.R,A0, HANDHD ROp ' �• �TRREIDEp rypp(f IMNI- H PLACE E _suelipp _ LOT1111 INS.[RI- LED INSULATED GROUNDLIGH RIB, • 1111 P1.a1 �VW INSUT TEE GEMITTING DIODE • ]�a-WEE ER rPEs LOT UGHT HEII NEUTRAL �� F RUC NPNMETAWC DONDUIT •TRAAE OlE LAMETPA M]AMAOT Flank 0 ORANGE '� i C to A nMEEIL D/gLo DRAFTX IWT71 BUCK TRACER 1 1 ] u 91ARL eE iPLVI Eo�Im PB PUSH DUTTON ® 1aelowea 9oJi IIAK uY.dC WA]R�"AS PET11n-A-AvX'iSp rot a R.AZ t RTAnw C'87-1(e.q.] PUSH BUTTON[PHASE 2.NQ.Iy A a PEAR eEf�Itnf PEC MOTORED/RIC CELL IA6'{> 7 vO.f'Tµ 15TI�E Ati 7 r• m 7C OE. NPIR tll�oEAIX AAA PqL 18 m YrBOF THE rlNEbs MAR'm MOM. PED PEDESTRIAN /Ao o AOLNIA4 1-NAnoMAL FRS nIMOITO IR•PJ.0 R RED r Fathoming AS vein Al EMI W PPEL MKT!IIItl-sl CO W To•fir. RAS REMDHE AND SALVAGE .F aaexa<o Rruus R/BLK ROT IN114 BLACK TRACER ROB RAPID FLASHING BEACCR LAYaRo 01 Tl I CoA RLTA RED LEFT TURN ARROW 1�myC> W� RSC RIM STEEL CONDUIT oncerALA Avte .- slaw TM SOP SOURCE RAPID BEACON R -- ---ej; eNcr �I•' ` ESNO1 '_-a 4. Jwe 1M%!OW R.AC'carv[M�[eo�I p43I SDP STREET OF PONER eav-we HERE RR ill.P SPA 51410E Ittn a rm."' ST ViT STREET LIT}IT Mxo R��� P RS,c TIRCM1f�AT TP' SIC STABON MI MEE N. - - T 3 ST SP/ITCH A11AY i e i 1',, ObtGALTE'ti1KK v'RFC R'I Me 10 01*1 01 onERAC SN9 wi MR1E ipD HMI.Mm w;IALi _ _ R mi YMITE 1511FSTu FOMIATIN L-!': ;:•• Y d MIN 4K WAS gsTH V3LAp[TRACER II III sTr r PERm w:.c'�ai,01 - " rIe -or Lei n YEL YELLOW 'RTA YEL19W LErtRIGHT TURN ARROW ARRO = T a AT � DOPER YRTA YELLOW RI[7IT PAN ARROW srb•W RI M Plnn • i. PEiFSTHLPOLE_&PEDESTRIAN PUSH 110 DILL o<usn ISM PEDESTAL POLE MOLINE, N s OE MTP 1AA IF A P sRWN KM Wien SM.! Oi a SCxC Mr I APPROTEO 9r NDTTS: AIM OKeRSA. L Am CRE71 SIGH Cr THE Mai EM1OR ETANW a oeKAL pErES rwara PUSH 9Rf7TDN—PEN F MOILNT ec rlmw rawolr vA. O MST MAR ro u1 p1FLT1aN 1 nF NOT 7P scME ICIt0A0ATE 15110 O IR+P1 of POST TO A lwnb®vo9NJ1 0 wn ma 14R5111VN PION Cv11Rl LIMM To RI nos. SYMBOLS z A Tr =° � NE WO t _ PA, CONNECTION IN IC F 1 HAN RCTECTDR W/UGHT I 0140 u.,Aam MOM wu IE me n..an T C S lµ-10 c TlEawa nl�]rr sxusweug naxLn N Pr 1s CM PE F on F w1110T W I PIED PROaACIR 1ST. C• /U HAN!]NDLE V SdGNRL RASE NO. a 11�v>K1140 WE EIM BL 1! -m Bpn ix r. BRAN dl MITI sOS oW� 6 SPLC IGNAr FAfE NR/FTASHER FACE H0. A APPLY A OEM OP CO1 1LKlA0 YAJ.1Mr ALCM 114E T0�Or 1.0 u PIRN a1TIM loot MOTE IT rotas w CO11ALY ROI aE.•PPRE 1 �� $Pl]CE e. 11F 11YAECR SKI..ARIL EE ealE Af olrt TF1I WRMP3 001111 H rtal P 0 ix 1a�-r[OMVL)ro AM.F0 1 000111a. eri Y• INC 011 051TIIII Ia1irraT HHE ORO II ThL 11000I9M0 woos weak FOR PLANS AND UTILITIES SY1ABDl.S SEE TECHNICAL NAHUAL 01RK WI1d�lE TnnMTON`MARL a`-0001 r ROT Walwaim Ruvl M10 THEY A, PEOFSTAL POLE PFDFSTRIAN PUSH BUTTON. $TAT]ON &PUSH BUTTON POLE MOUNTING DETAILS ❑DNA! SYSTEM m.NO.3S450 s �,n-T,n,Ar lots I.LAp apATnll MINNESOTA DEPARTMENT OF TRANSPORTATION CITY V'RCAALC7 Z Na- pate ReWa[cnaApp. CRANrNC HA>,IE A�Docra MAS PgEPAAEDeY ax Itl110*MY Cm'DFEASA N VIEW— r1 1(iml -Hom9xRECf�� A M RAY I AY A 1 14T1i101yC71^T51OPDI,11Wq p}/ y 1Gm rvmrPSVGIN.E0141 0 t n,nFn nF SSEN TN 101 Rk6 PLEASANT VIEW RQAD C_OSINTY PROJECTDESIGN_BY: BJB "1 ws nI[SPATE tl wNx'�TA. VAIPR01*EMENTS DRAWN @r �> ►1• Snd Associates,lnC. �,F,,,,,, TN TOI S.A,P.ID4—m0-013, 194-109-0019DATE.m ar: pn1 �]� �aFy ENHANCED PEDESTRIAN GROS81NC SYSWS _ w iee[I rsa�e .,��,_aV�+�IA��N'+eu»moH.PL In 11u1 i PRo65sAE POLED PEDESTRwI Pule;DunDN STATION S.P. _ ]�+.6`45[TRH-T01} __. GATE: G1Io5/2010 ET-vr+ti ate^ ca1A SRw TRx I SAIEDIOS 7—w vC M. aYlOo maim Pu9N pOTrON hN]O1iTYIG DETA46 -- U I SIGN DETAILS U TYPLCAL MAST ARM CAMERA MOUNTING DETAILS MAST ARM SIGN LOCATION II MAST ARM H2.5H t UPPER CHORD I.moon IILowERCHORin lAs-DIA COLPLMID WI INIloe THREADED ....... 11 4.. _i__ ...„.....,..„.........,„„„ i UPPER CHORD II SECTION 3 as LP TRAFFIC SIGNAL MST AT M 11 a "� T7.a MIN.SE NBEH TOP W OF PAVEMENT AND is ODTLON OF RFS 11 , Q v11 IR'Ol4 COUPLRG i� INSIDE THREADED II 1 MAST ARM MOUNTED SIGNS PANEL MOUNTING OGEE MY SIZE AREA TOTAL PANEL NO NO AREA NUMBER SPACING LEGEND 11 Ft HOMER MY SO FT cA F'F (T) I11 HHERE THE CABLES ARE ROUTED THROUGH THE MAST (2) W11-2 1 2 36 x 36 1400 2 24 PEDESTRIAN CROSSING II i ARM.PROMDE BUSHINGS TO PROTECT THE CABLES. CONTRACTOR SHALL INSTALL HIRING BE-PATIN THE MAST ARM AND RFB SO WATER 170E5 NOT RUN INTO THE REEL SPEOFIC NOTES` TT A}7/2'HALF COUPLlkC,I I (I) SPACING BETASAR STIFFENERS SHALL NOT EXCEED 36 INCHES AND SHALL BE UNIFORMLY SPACED- CONDUIT OUTLET BODY FOR CAMERAPECABLESNPP SHALL HE SEE STAkDARO DONS MANUAL,PAGE 106A FOR BRACKET SPACING REQUIREMENTS. Fad'IN THE UNDER SIDE OF MAST ARIA. (2) MINIMUM MOUNTING HEIGHT IS 17.0'TO BOTTOM OF RFS WHICH IS MOUNTED BELOW THE SIGN, 1 LI SIGN AND RFB ATTACHMENT SHALL BE DESIGNED III ACCORDANCE NITH THE CURRENT EDITION OF AASHTO"STAHQARD SPECIFICATION GENERAL NOTES FOR STRUCTURAL SUPPORT FOR HIGHWAY SIGNS,LUMINAIRES AND 1. CORNERS OF STANDARD SIGH PANELS MARGINS SHALL BE TRIMMED, Ill E TRAFFIC SIGNALS.'SGN AND RFS MOUNTING ASSEMBLY SHALL 2. FOR STRUCTURAL DETAILS OF MAST ARM.M011N7ED SIGNS SEE STANDARD SIGNS MANUAL.PACE 105A. C S7 OF MAST ARIA MOUNTING BRA S THAT ARE CONSTRUCTED 3. THE MAST ARIA MOUNTED SIGNS ARE INCIDENTAL. OF F CAST ALUMINUM.THE MAST ARM LADONTTNG BRACKET(5)SHALL BE ATTACHED TO THE MAST ARIA WITH STAINLESS STEEL STRAPS USING IP J STAINLESS STEEL MOUNTING HARDWARE.THE CONTRACTOR SHALL SUBMIT A SHOP DRAWING OF MOUNTING DETAILS TO THE ENGINEER FOR RENEW AND APPROVAL Lq IPNo. Cuts Revisions App. DRAH1NG NAM[ REPORT lOS��%.HE PA paw MINNESOTA DEPARTMENT OFTFiAN8FC7RTATIDN are PROJECT 11-05 I SHETT NO TFL+OI„SIGN-75ICAOT35s4 imas aivmuaca ANO THAT I w A vuir CRY OF CHgNHASSEH 79 DESSIJED RV Aaa >: ME Kirnley-Horn le m°THE P STATE �TME TH+nT AND PL1i�sAfNT vlEw ww CQL NTY PRDJECT _ DIEC BY MEI - F1 and Associates Inc, IMPROVEMENTS p1ECRFA 1lr. �n�w> . ewua. I�e.t � �� S-A-P.194-01i]-013,194-109—CRl (7}'S — DATE: 01/DS/SOlO en�'� J1e ��aL Pt Caillffiti ENHANCED PEGESMIHN CROSSWG$yS7EM! 90 itb3r. ,, PRSEST NO IN:WY0. onmA7/4/12--wi m nu +na MAST Aru+awH DErwIs S.F. 2736=-kS{T.H. 101) CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 5, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 11-5800 ITEM NO.: VIII.D. Carter Schulze Approve Professional Services Agreement with SRF Consulting Group for Final Design Public Works/Engineering Services for the southern segment of the Shady Oak Road Improvements Requested Action Move to: Approve Professional Services Agreement with SRF Consulting Group, Inc. for Final Design Services for the southern segment of the Shady Oak Road Improvements. Synopsis This Professional Services Agreement provides final engineering design services for the southern segment of the Shady Oak Road Improvements. Background Information The southern segment of the Shady Road Improvements includes the widening and reconstruction of Shady Oak Road from east of Flying Cloud Drive to the limits of the northern section of the Shady Road Improvements which are approximately 800 feet north of the Rowland Road. The proposed improvements will provide additional capacity along Shady Oak Road including a new expanded bridge over Highway 212. It is also anticipated that multi-use trails will be provided along both sides of Shady Oak Road for the length of the project. The proposed improvements have been identified in several traffic studies, including the UnitedHealth Group (UHG) updated traffic study, and are needed to accommodate existing traffic, the proposed UHG development, and other future development. Preliminary design work on the south segment of the Shady Oak Road Improvements is expected to be complete with the approval of the project layout. This approval is tentatively scheduled for the February 19, 2013 City Council meeting. The final design services contract will continue where the preliminary design contract left off with the complete design of the southern segment of the Shady Oak Road Improvements including bidding documents. The total project cost of this improvement is currently estimated at $32 million. At this time it is expected that the project will be funded through a variety of sources including a grant through the Transportation Economic Development Program(TED), Municipal State Aid(MSA), UHG, MnDOT and Hennepin County. Currently it is anticipated that the MSA share will need to be in excess of 25% of the project costs. The UHG share, which is expected to be approximately 25%, is defined in the UHG Developer's Agreement. MnDOT will provide $7 million through the TED grant. In addition, city staff is working with Hennepin County to identify any potential funding they can provide or help secure. With this final design Professional Services Agreement, the final engineering design work will be complete by early 2014 which will allow a potential construction start date as early as 2014. The actual construction schedule will be determined throughout the final design process as coordination with the Southwest Light Rail progresses. Financial Implications The Professional Services Agreement with SRF Consulting Group has an estimated cost of $1,283,553. The previously approved preliminary design contract will end once this final agreement is approved. The initial project development costs will be funded by MSA, however, as stated above it is anticipated that the project will be funded by a number of sources including TED, MSA, UHG, MnDOT, and Hennepin County. Attachment Professional Services Agreement Rev. 3-29-12 Standard Agreement for Professional Services This Agreement is made on the 5th day of February , 2013 , 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 Corporation (hereinafter "Consultant") whose business address is One Carlson Parkway, #150, Plymouth, MN 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 professional services by Consultant for Shady Oak Road Final Design Services (southern segment) hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit "A" (SRF Proposal Letter dated January 25, 2013 ) in connection with the Work. The terms of this Agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions including proposals and/or general conditions. If the Consultants proposal is attached as the Exhibit A Scope of Work, City reserves the right to reject any general conditions in such proposal. 2. Term. The term of this Agreement shall be from February 5, 2013 through September 27, 2014 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 $ 1,283,553 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 1 Rev. 3-29-12 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: 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." 2 Rev. 3-29-12 6. Project Manager and Staffing. The Consultant has designated Matt Hanson, Rebecca Kruaerud and Zachary Kartak 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. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Audit Disclosure. 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 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. 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. 3 Rev. 3-29-12 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. 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, to the extent attributable to a negligent or otherwise wrongful act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services 4 Rev. 3-29-12 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. Consultant further agrees to indemnity the City for defense costs incurred in defending any claims, unless the City is determined to be at fault. 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 coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies) 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 primary and noncontributory in the event of a loss. B. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products— Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles. Umbrella or Excess Liability $1,000,000 C. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001, and shall include the following: a. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). b. Products and Completed Operations coverage. Consultant agrees to maintain this coverage for a minimum of two (2) years following completion of its work. Said coverage shall apply to bodily injury and property damage arising out of the products-completed operations hazard. 5 Rev. 3-29-12 c. Personal injury with Employment Exclusion (if any) deleted. d. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s), naming the "City of Eden Prairie" as an Additional Insured, on ISO form CG 20 10 07 04 or such other endorsement form as is approved by the City. g. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. h. "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. i. Severability of Insureds provision. D. 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. Said policy shall provide an aggregate limit of $2,000,000. Said policy shall not name the City as an insured. E. Consultant shall maintain in effect all insurance coverages required under this Paragraph 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. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: a. All policies, except the Professional Liability Insurance policy, shall be written on an "occurrence" form ("claims made" and "modified occurrence" forms are not acceptable); b. All policies, except the Professional Liability Insurance policy, shall be apply on a"per project" basis; c. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall contain a waiver of subrogation naming "the City of Eden Prairie"; d. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall name "the City of Eden Prairie" as an additional insured; e. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement; and f. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed, nor shall coverage limits be reduced by endorsement, without thirty (30) days prior written notice to the City. 6 Rev. 3-29-12 A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph 20, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise 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. F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 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. Use 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 use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 7 Rev. 3-29-12 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. 26. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME SRF Consulting Group, Inc. BY: 41:114) Its: V/ t ..f to L 8 January 25,2013 tii Mr. Rod Rue,PE City Engineer CITY OF EDEN PRAIRIE. 8080 Mitchell Road Eden Prairie,MN 55344 SUl3JEC'I': PROPOSA1.FUR PROFESSIONAL SERvn rs FOR SHADY OAK ROAD (HENNEPIN COUNTY CSAH 61)/TH 212 FINAL DESIGN (SOUTHERLY SEGMENT) Dear Mr.Rue: SRF has prepared this proposal for the professional services necessary for the final design of improvements to Shady Oak Road. The approximate limits of the project are shown on the attached Exhibit A (Final Design Project Area). We have developed a thorough understanding of the project area over the past 16 months in meeting with City, County, MnDOT and SWLRT staff. SRF is prepared to move forward with this challenging project and complete our work within the proposed project schedule. SCOPE OF WORK Our work will include all tasks necessary for the final design for the roadway,bridge,and utility improve- ments within the project area.This area includes parts of Shady Oak Road,City West Parkway,Bryant Lake Drive,Plying Cloud Drive,and the ramps and bridge at TH 212/Shady Oak Road interchange.We under- stand that MnDOT design staff may provide bridge deign services for the Shady Oak Road bridge over TH 212,but this decision has not been finalized.We have made accommodations in our scope of work to delete SRF's bridge design services if necessary. PROJECT TEAM The design team that is currently working on the preliminary design for the southerly segment of Shady Oak Road will be able to move forward with the final design,providing for a smooth and efficient transition.Our project team's organization is shown in the chart at the top of the next page and a brief description of our key staff is presented below. Matthew D.Hansen,PE,LS,Principal I Project Principal Matt has 21 years of experience in a variety of roadway and utility improvement projects,including munici- pal streets and utilities and County State Aid and Trunk Highway design projects. He has been the project principal for both phases of the Shady Oak Road project since the start. Mr. Hansen frequently manages complex municipal improvement projects and coordinates them through multiple agency reviews and ap- provals. He previously led the TH 212/Prairie Center Drive Preliminary and Final Design Project in Eden Prairie.Matt will continue to serve as the Project Principal,ensuring QA1QC is completed throughout the project's duration. Rebecca Krugerud,PE,Senior Associate I Project Manager Becky has 12 years of engineering experience related to highway and municipal engineering,She has been serving as the Project Manager for both phases of the Shady Oak Road project since the start.She is skilled in design (profiles, alignments, estimates, and cross-sections) and engineering practices, including defin- www.srfconsulting.com One Carlson Parkway North,Suite 150 Minneapolis,MN 55447.4443 1761475.0010 Fax:763.475_2429 An Lquu!Opportantty Employer Team Organization Cit of Eden Prairie Rod Rue,PE I'rrrjec t Partner, Carter Schulze,PE City of Eden Prairie Matt Hansen,PE,LS Hennepin County Mn❑OT Project Principal Southwest LR7 Rebecca Krugerud,PE Project Man tiger Structural Retaining Public Meetings Water Resources Roadway and Wall/Brid a utilities Kevin 5wc1 Nancy Frick,AICP Robert I.elm, PE Reilecca Ktugertid, PE Duane Perkins, PL Kelcie Young,AICP Kyle Ludwig, PE Zack Kartak, PE Alex iordan Survey/ traffic Signals Wetlands Right of Way Appraisals Mapping Dean Dusheck, LS George Stuempfig, PI', leaf Olson I[e-rt t it/try l'nt{din,Mrtisnsrr Seal Martins P101 Cindy Wiste 1)udd Nick Erpelcling, PE, ing problems, establishing facts, collecting data and drawing valid conclusions. Becky specializes in State and Federal Aid projects involving complex construction issues and multiagency coordination.She recently served as assistant project manager for the $17 million Washington County CSAH 2 (Broadway Avenue) preliminary and final design project.With her extensive experience with municipal design projects, Becky will continue to lead the team and serve as Project Manager. Nancy Frick,MCP,Senior Associate I Public Meetings Nancy has more than 25 years of experience in environmental,transportation and community planning. She manages the environmental documentation process for a wide range of transportation and develop- ment projects.With her extensive public involvement experience,Nancy will administer all public involve- ment meetings. Kelcie Young,AICP,Senior Environmental Planner I Public Meetings Kelcie has a Masters of Urban and Regional Planning from the University of Minnesota's Humphrey School of Public Affairs with a specialty in environmental planning,as well as project experience through the Cen- ter for Urban and Regional Affairs and the Center for Excellence in Rural Safety. At SRF,Ms.Young works on roadway,trail,bridge,rail,and transit projects,preparing federal and state environmental review documents and environmental inventories,and conducting public involvement and agency coordination. Dean Dusheck,LS,Senior Associate I Survey/Mapping Dean has over 30 years of experience as a professional land surveyor and supervises SRF's survey operations. He is respected as a detail-oriented land surveyor and efficient supervisor.He is involved in all SRF projects where design surveys and/or land surveys are required.Dean will oversee all surveying tasks. 2 Kevin Swehla,PE, Principal I Structural Retaining Wall/Bridge Kevin has 14 years of experience designing and managing structural engineering projects. His project work includes more than 60 structures throughout Minnesota,Wisconsin,North Dakota,and Montana, Kevin's experience includes serving as SRF's bridge design leader on 17 bridges as part of the TH 212 Design-Build project,which extends from Eden Prairie to Chaska,Minnesota. Jeffrey Olson,Associate I Wetlands Jeff has more than 20 years experience conducting studies on wetlands, wetland permitting, invasive spe- cies,wetland mitigation design,and water quality assessment. He has completed more than 2,500 wetland delineations.All wetland related tasks will be supervised by Jeff. Ken Helvey, Principal I Right of Way Ken is highly respected for his ability to successfully represent agencies and assist home and business owners with the right of way acquisition process.He has successfully completed the relocation,acquisition,and ne- gotiations for many residential and commercial parcels.Ken will lead all right of way efforts for this project. Zachary Kartak,PE,Senior Engineer I Roadway&Utilities Zack has eight years of experience designing municipal street and utility improvements. He was the lead design engineer for Phase One of the Shady Oak Road project. Ells project work includes detailed design preparation and coordination for municipal, State and Federal Aid improvement projects, including pre- paring construction plans, coordination with private utility companies,and preparing cost estimates. Ile has construction observation experience in inspecting grading, base, curb and gutter, bituminous pave- ment,utility installation and traffic control.Zack will lead the roadway and utility design tasks. Robert Leba,PE,Senior Associate I Water Resources Bob has 15 years of experience in highway,municipal,and site design with expertise in storm sewer and util- ity design.He frequently manages preliminary and final design projects for municipalities and has served as the lead roadway/drainage designer for numerous efforts for the Minnesota Department of Transportation. Bob also has extensive experience working with regulatory agencies to successfully obtain water quality, wetland,and erosion control related permits. George Stuempfig,PE,PTOE,Principal I Traffic Signals George leads SRE's Traffic Engineering Design Group, which has been recognized nationally and locally for their innovation.Over the past 25 years,he has directed many complex signal design and timing,sign- ing/pavement markings design,and construction traffic control/detour plan projects.George's expertise in designing traffic elements has resulted in more efficient traffic operations,significantly reduced delays for drivers,and safer driving environments. SCHEDULE The scope of work included in this proposal includes all tasks necessary to meet the schedule of completing final design,including agency approvals,by February 2014,as shown in the project schedule on the next page. 3 Project Schedule—Shady Oak Road Final Design, Southerly Segment 2012 2013 2014 2015 2016 TASK I 01 02 Q3 Q4 , Q1 Q2 — Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Qz Q3 Q4 Authorization to Proceed 0 Project Management,QAIQC and Coordination Geotech Engineering m 60%Design Right of Way 95%Design Bidding/Award ■ Construction�'� ■ ■ ■ ■ ■ ■ ■ Geotech Engineering:The city is currently under contract with AET to provide soil borings and geotechnical recommendation for the project area. Construction start date to be determined. 4 BASIS OF PAYMENT/BUDGET We propose to be reimbursed for our services on an hourly basis for the actual time expended using our established rates for the City of Eden Prairie (see attachment).Other direct project expenses such as print- ing,supplies,reproduction,etc.will be billed at cost,and mileage will be billed at the current allowable IRS rate for business miles. Invoices are submitted on a monthly basis for work performed during the previous month. The estimated cost for providing professional services for the Shady Oak Road Preliminary Design project is shown below for each major task in our work program.We have made every attempt to include a sufficient estimate of hours based on our experience with similar projects,while providing the City of Eden Prairie with a reasonable value.The fee shown below has been estimated based on our proposed detailed work plan that was reviewed with City staff,our project experience to date,an estimated project construction cost of $20 million,one set of construction contract documents as a final deliverable,and our current understand- ing of the project. TASK NUMBER TASK FEE 1 Project Management $87,297 2 Quality Control/Quality Assurance $27,248 3 Design Review&Coordination Meetings $74,312 4 Surveying&Mapping $14,478 5 Public Involvement $10,593 6 Wetland Delineation&Mapping $4,452 7 Private Utility Coordination $23,670 8 Geotechnicat Review&Coordination $4,520 9 Easement Descriptions&Sketches $19,976 10 Right of Way Acquisition $41,000 11 Construction Cost Estimates $14,798 12 Structural Design/Retaining Wall Plans $91,396 13 Structural Design/Bridge Plans(SRF Design) $139,964 13A Bridge Design Coordination(MnDOT provides Bridge Design) $12,932 19 Roadway Lighting Design $13,996 15 Traffic Signal Design $93,884_ 16 Type OH Sign Design $14,590 17 Roadway Design(60%Plan Set) $153,954 18 Roadway Design(95%Plans&Specifications) $154,508 19 Final Water Resources Design $63,649 20 Streetscape Design $42,202 21 SWLRT Design Modifications _ $49,136 22 Traffic Management Plan(TMP) $10,312 23 Permits $14,502 _ 24 Bid Ready Construction Documents(100%Plans&Specifications) $15,040 25 Bidding Administration $4,876 Appraisal subconsultant $70,000 Project Expenses $29,200 TOTAL $ 1,283,553 5 Our design fee assumes SRF will provide bridge design services.If MnDOT provides bridge design services, the fee for Task 13 will be reduced to$12,932.The Shady Oak Road project is a complex design project that will require significant coordination with multiple agencies and project partners. Maintaining the project schedule will require close coordination between internal design groups within SEW as well as agency rep- resentatives.As you know, there will be significant coordination efforts with the Southwest LRT.There are design and schedule variables that will need to be resolved as we proceed into final design. CHANGES IN THE SCOPE OF SERVICES It is understood that if the scope or extent of work changes,the cost will be adjusted accordingly.Before any out-of-scope work is initiated,however,we will submit a budget request For the new work and will not begin work until we receive authorization from you. NOTICE TO PROCEED A signed Professional Services Agreement with a copy of this proposal,either mailed or e-mailed to our of- fice,will serve as our notice to proceed. We sincerely appreciate your consideration of this proposal and look forward to continuing to work with you on this important project. Please feel free to contact us if you have any questions or need additional information. Sincerely, SRI CoNsuL11Nc GROUP,INC. ---7-71,....44S/9 _ kimgd / dWidr'fr-"' Matthew D.Hansen,PE(MN,ID),LS (MN,IA) 1 es R.Dvorak, Plr (MN,MI) Principal ice President Attachments: Exhibit A Project Area Staff classification rate table This cost proposal is valid for a period of 90 days.SRF reserves the right to adjust its cost estimate after 90 days from the date of this proposal. Prrmpnsal Ni?.P13028 6 776—...dp Abbottzt, Ii tb' a t, A . ---j----•'- u'i o) . •4. • <1/47 ...... . ofd B,,,,,RckA Red Circle% d E 7fl Yellow Cirde or 1),1' 0 .. R •-• (T, ................^.' '''•,..... .& r • ••4 7‹ q I ..........,__ ____ .0mratii.6sni2n.d5frEtt. :1_,,..„.....,_ P Yoow C/rcle or ---- - . - -—-— - - 62 ------- .° _. _ ---- — 1 -- on ...C.,_ -'\ I ,.. / ---_____, \ .1 H • \ if (1 ",...„... i kl.bi,v/ .a,\01' 6,5-4 • / ----. , ... ,-- ----- 1 g ro I Ct \ r , El, : / 1 6 ••i l'42.4:4 - top. a Q,, *, . , / %, 'T-3- 411.1 it,' * ''.Ri n U. •• , .. u-, la .2- '4.4-.*4 *t I P . •.• 1......,.1, 21 2 - 3 0 i • Fvf°c A 'kr• ,fn 1-Z % ••4 //e4Z: 11 2 %6_ •• •.•• 4,4 ••, . • 6L. 0 ••4 6- , ••... —m,1 -0 . tr „:4 tot. 4.40,' e• I 'II,•• ••• •••• 0 f•b. •,'1 9,9 ••••• 4.... ,too • ' E ••• ••4 ••••,,, +•* orfe, ttik4 di , % .•. •• 44 4* •‘ CO . 4.41..............41.,A.! e_4110,01. 40_4; Li) ''• P -•-•-•-•..•. ".....• •v• •••'' . 1 P 4,.40.....,.....-..... k 4, i,•4 '0....P4v•v•v•v•t4.. 4+4' •t4t II,•0 .1.• •••44.'-4.• ,!.*• 0. 1 *• 4 44 4 4.,4", ••••4,.• $ , in 1,•4 • •.4•••••4 1 ' r •• •4 *•••••• - •4.114 • •+ e•• •*••.110• 1 •...O • ' • • • 4,404•• 4.' 10 4 •••••• ,, .2 411,4 4....41......... -LS/ N I•4111.4 i/4',A.. E ' ; 0.41,• ' EL , L: ' P •4 ,. Legend TO , . ,3 L,) ;.,•;,;•;,•;;, Project Area '--„ :' . e • : ........... , * k" i ..'. 1 .. 2 ,t,heis Way I/ r.7 ; 11:1 Eig Shady Oak Road . Final Design Project Area _ Exhibit A Consulting Group,Inc. City of Eden Prairie P13028 1 010213 SRF CONSULTING GROUP,INC. RANGE OF HOURLY BILLING RATES JANUARY 2013 THROUGH DECEMBER 2013 SENIOR PRINCIPAL $197 PRINCIPAL $ 148 - $ 194 SENIOR ASSOCIATE $ 120 - $ 173 ASSOCIATE $ 103 - $ 154 SENIOR PROFESSIONAL MIS Specialist $ 104 - $ 140 Engineer $ 79 - $ 127 Landscape Architect $ 77 - $ 127 Planner $ 77 - $ 127 GRADUATE Engineer $ 67 - $ 103 Hydrologist $ 67 - $ 103 Landscape Designer $ 67 - $ 103 Planner $ 67 - $ 103 TECHNICAL Safety Specialist $ 103 - $ 154 Engineering Specialist $ 93 - $ 122 Right-of-Way Specialist, Senior $ 81 - $ 118 Right-of-Way Specialist $ 67 - $ 99 CADD/Field Technician, Principal $ 85 - $ 122 CADD/Field Technician,Senior $ 71 - $ 104 CADD/Field Technician $ 45 - $ 86 Survey Technician, Principal $ 85 - $ 122 Survey Technician, Senior $ 71 - $ 104 Survey/Traffic Technician $ 44 - $ 86 PRODUCTION WEB Designer, Principal $ 85 - $ 111 Graphics Technician, Principal $ 79 - $ 116 Graphics Technician,Senior $ 72 - $ 104 Graphics Technician $ 45 - $ 88 Sr. Editor $ 88 - $ 114 Editor $ 71 - $ 101 Administrative Assistant $ 62 - $ 91 Word Processor $ 56 - $ 83 Clerical $ 46 - $ 80 The Range of Hourly Rates schedule is subject to change annually. Direct project related expenses are billed at actual cost and mileage is billed at a rate not to exceed the current allowable IRS rate for business miles. CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda February 5, 2012 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 10-5772 ITEM NO.: VIII.E. Leslie Stovring Award Contract for Minnesota River Public Works/Environmental Floodplain Pond Repair Project Services Requested Action Move to: Award contract for the Minnesota River Floodplain Pond Repair Project to Rachel Contracting in the amount of$225,632. Synopsis Bids were received on Friday, January 18, 2013 for the Minnesota River Pond Repair Project within Lower Minnesota River Watershed District(LMRWD). Eight bids were received and evaluated. Attachment 1 includes a bid table itemizing the project bids. Rachel Contracting was the low bidder at an amount of$225,632 (52%below the Engineer's Estimate of$435,807). Costs for the project will be paid out of the stormwater utility fund. Background Information The City Council signed a Schedule of Compliance (SOC)with the MPCA on January 19, 2010. Final design plans were submitted to the MPCA in March 2010 and approved on April 7, 2010. This project includes one area located south of Riverview Road and repair of a floodplain pond that has partially washed into the Minnesota River. The project will include repair of Old Riverview Road and stabilization of an erosion gully that has formed through the center of the former ponding area. Stormwater runoff will be piped to the Minnesota River to avoid future erosion of the pond. Eight bids were received. The low bid for the project was from Rachel Contracting with a bid of $225,632 or about 52% of the engineer's estimated cost for the project of$435,807. Staff recommends award of the contract to Rachel Contracting. Attachments • Recommendation of Award • Bid Summary resourceful. naturally. BARR engineering and environmental consultants January 28, 2013 Ms. Leslie Stovring City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Re: Bid Summary and Recommendation-Lower Riverview Road Pond Repair and Bank Stabilization Dear Ms. Stowing: Barr Engineering Companty(Barr)is pleased to submit this bid summary table and recommendation for the Lower Riverview Road Pond Repair and Bank Stabilization Project in Eden Prairie,Minnesota. A total of eitght bids were received and opened for the Base Bid and Alternate A on January 18,2013. The total base bid prices ranged from$225,632.00 to$479,490.00 with a low bid submitted by Rachel Contracting of Saint Michael,Minnesota. All of the bidders met the requirements of attendance at the prebid meeting,acknowledgement of Addandae and Bonding and are qualified to conduct the work. The bids were checked for accuracy and no significant errors were found in any of the bids. The bids were checked for accuracy and no significant errors were found in any of the bids.Although a minor error in addition was found in the bids from Didion Contracting and Veit. The correct total for these bids is shown in the attached bid tabulation. A tabulation of all of the bids was performed and a summary is attached for your review Our recommendation is that the City of Eden Prairie enter into a contract with Rachel Contracting to complete the work included as the base bid for the Lower Riverview Road Pond Repair and Bank Stabilization project as designed. We appreciate the opportunity to assust the City of Eden Prairie with this project. Please contact me at (952) 832-2845 if you have any questions or concerns. Since Brian F.Kallio, Barr Engineering Co. 4700 West 77th Street, Suite 200, Minneapolis,MN 55435 952.832.2600 www.barr.com Bid Tab Riverview Pond Repairs 18-Jan-13 Urban Companies SM Hentges and Sons,Inc. Veit&Company,Inc. Rachel Contracting 3781 Labore Rd 650 quaker Ave 14000 Veit Place 4125 Napier Court NE St.Paul,MN 55110 Jordan,MN Rodgers,MN 55374 St-Michael,MN 55376 651-244963 952-492-5700 763-428-2242 753-4241500 Item Description Unit Estimated Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Quantity 3 01A Project Mobilization/Demobilization L.S. 1 $ 10,000.00 $ 10,000.00 $ 10,350.00 S 10,350.00 $ 40,900.00 $ 40,000.00 $ 31,000.00 $ 31.000.00 3.01E Clearing Acre 0,5 $ 1,000.00 $ 5,000.00 $ 7,468.00 $ 3,734.00 $ 9,500.00 $ 4,750.00 $ 10,000.00 $ 5,000.00 3.01C Remove end Replace Gale _ Each 1 $ 1,750,00 $ 1,750.00 $ 5,155,00 $ 1,155.00 $ 1,00 § 1.00 $ 15,000,00 $ 1,500.00 3.01D Tree Removal(>6 inches) Each 12 $ 400,00 $ 4,800.00 $ 384.50 $ 4,614.00 $ 21090 $ 2,520.00 $ 320.00 $ 3,840.00 3.01E Rock Construction Entrance Each 1 $ 1,500.00 $ 1,500.00 $ 1,975.00 $ 1,875.00 $ 2.325.00 $ 2,325.00 $ 1,000,00 $ 1,000.00 3,01F Silt Fence L.F. 350 5 5.00 $ 1,750.00 $ 2.65 $ 927,50 $ 4.70 $ 1,645.00 5 7.50 5 2,625.00 3.01G Flotation Silt Curtain LF. 410 S 25.00 $ 10,250.00 $ 15.00 $ 6,150.00 $ 13.25 $ 5,432.50 $ 16.00 $ 6,580.00 3.01H Sediment Control Inlet Hat Each 5$ 300.00 $ 1,500.90 $ 75,00 $ 375.00 $ 300.00 $ 1,500.00 $ 300.00 $ 1,500.90 3.011 Rock Log L.F. 48 1 25,00 $ 1,200.00 $ 6.85 $ 328.80 $ 1.40 $ 67.20 5 7.00 : 338.00 Erosion Control Blanket 3.01J BioD-Ro1170(NINTDOT Cat. S.Y. 280 $ 5.50 $ 1,540.00 $ 3.35 $ 938.05 $ 5.00 $ 1,400.00 $ 3.20 $ 896.00 4) 3.01K Temporary I.iulch Acre 0.5$ 4,000.00 $ 2,000.00 $ 555.00 $ 277.50 $ 690.00 $ 345.00 $ 850.00 $ 425.00 3.01L She Grading(CV) C.Y. 5500$ 8.00 $ 44,000.00 a 5.25 $ 28,875.00 $ 4.50 $ 24,75000 $ 3.56 $ 19,250.00- 3.01M Riprep MNDOT Claes IV Ton 150$ 120.00 $ 18,000.00 $ 7P.60 $ 11,820.00 S 53.91 $ 8,0E15.00 $ 70.00 $ 19,500.00 3.01N Fiherr Aggregates Ton 25$ 80.00 ; 1,500.00 $ 41.45 $ 1,038.25 $ 41.90 S 1,04750 $ 50.00 $ 1,250,00 3,010 Tenser North American SY 700$ 6,150.00 $ 4,550.00 $ 8.50 S 5,950.00 $ 8.00 $ 5,600.00 5 5.00 $ 3,500,00 Green P300 TRI.1 3.01P Geoweb System with S.F. 6000 S 4.50 $ 27,000.00 $ 4.65 $ 27,900.00 $ 3.25 $ 19,500.00 5 2.00 $ 12,000.00 Engineered Fill 3.01Q -Seeding Turf Area BWSR Acre 0.2$ 5,006.00 1 1,000.00 $ 3,090.00 $ 618.00 $ 2,300.00 S 460.00 $ 9,500.00 S 1,900.00 flit 34-201 3.01Q beading Turf Area BWSR Acre 0.4$ 5,000.00 $ 2,000,00 $ 3,750.00 $ 1,500.00 $ 1,725,00 $ 690.00 $ 6,500.00 $ 7,400,00 i,ilx 35-621 3,01R Ve8vlated Reinforced S.F. 10500$ 15.50 $ 162,750.06 $ 20.50 $ 215,250.00 5 8.90 5 93,450.00 $ 8.50 S 69,250.00 Stabilized Slope(VRSS) 3.015 Check Dam Grading Each 5$ 1,000.00 5 5,000,00 $ 1,05000 $ 5,250.00 $ 1,700.00 $ 8,500.00 $ 450.00 $ 2,250.09 3.01T f.iNDOT Type 4 Geoteotle S.Y. 1650$ 225.00 $ 3,712.50 $ 2.50 $ 4,125,00 $ 150.00 $ 2,475.00 $ 2.00 $ 3,300.00 Filter Fabric 3911.1 3"Clear crushed rock CY 185 $ 90.00 $ 18,650.00 $ 39.25 $ 7,261.25 $ 52.75 $ 9,758.75 $ 70.00 $ 12,950.00 3.01V Lower Riverview Road S,Y, 800 $ 6.00 $ 6,400.00 $ 1.65 $ 1,320.00 $ 1.00 $ 800,00 $ 1.50 $ 1,200.00 Grading 7.01W Adjust Catch Basin Each 5 $ 520A0 $ 2,500.00 $ 262.00 $ 1,310.00 $ 430.00 $ 2,150.00 $ 300.00 S 1,500.00 3.01X 1-1(2 Cruehetl rock(Lower Ton 150 $ 80.00 $ 12,000.00 $ 30.40 $ 4,566.00 $ 30.60 $ 4,590.00 $ 50.00 $ 7,500.00 Riverview Road) 3.01Y Replacement Tree Each 12$ 350.00 $ 4,200.00 $ 165.00 $ 1,980.00 $ 125.00 $ 1,500.013 $ 190.00 $ 1,200,00 Riverview Pond Repairs Total Base Bid= $ 352,552.50 $ 349,580.30 ,$ 243,341.95 $ 225,632.00 Alternate A Delete VRSS Item 3.O1Q Add Temporary Slope Stabilization with GeoWeb System and Erosion Control Blanket Delete Vegetated 3.01R Reinforced Stadized Slope S.F. 10500$ (15.50)$ (162,750.00) $ 20.50 $ (215,7.50,00) 5 7.75 $ (81,775.00) $ 8.50 $ (89,250.00) IVRSS) 3.02A Add GW30V3 Geoweb S.F. 10500 $ 4.60 $ 42,000.00 $ 4.65 $ 48,825.00 $ 4.20 5 44,100.0G $ 2.00 $ 21,000.09 System - Add BIoD-Roll 70 3.0213 Biodegradeable Erosion S.Y. 1200 $ 5.50 $ 6,000.00 $ 3.35 $ 4,020,00 $ 8.90 $ 8,289.00 $ 3,20 7 3,84600 Control Blanket 3.02C Add Bleb-Roll 30H Donsely L.F. 330 $ 5,000.00 $ 1,000.000 $ 3,090.00 $ 618.00 $ 3,450.00 $ 690.00 ; 10,500.00 $ 2,100.00 -Packed Cdr Roll 3.02D Add BWSR 34-281 Seed Acre 0.25 $ 18,00 $ 5,940.00 $ 9,25 $ 3,052.50 $ 5.75 $ 5,897.50 $ 20.90 $ 6,600.00 Mix Total Base Cost Plus Alternate A$ 244,742.50 $ 190,845.80 $ 216,534.45 $ 169,922.00 Bid Tab Riverview Pond Repairs 18-Jan-13 Peterson Companies New Look Contracting Inc. DIDION Contracting Minger Construction Inc. 8326 Wyoming Trail 19696 Couty Road 72 16670 Franklin Trail NE PO Box 236 Chisaga City,MN 55013 Elk River,MN 55330 Prior lake,MN 55372 Chanhassen,MN 55317 651.257-6E54 763.241-1596 952-452-6714 952 368-9200 Item Description Unit EQastim catednlity Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension 3.01A Pr0j3ct L.S. 1 $ .4,080.00 $ 41,080.00 $ 20,000.00 $ 20,000.00 $ 18,800.20 $ 16,800.20 5 14,000.00 $ 14,000.00 t lobilization.Demobllization 3.01E Clearing Acre 0.5$ 9,500.00 $ 4,750.00 $ 10,450.00 $ 5,225.09 $ 10,355.08 $ 10,355.00 $ 10,000.00 $ 5,000.00 3,01C Remove and Replace Gate Each 1 $ 1,425.00 $ 1,425.00 $ 5,000,00 $ 5,000.00 $ 4,905,00 $ 4,905.00 $ 700.00 $ 700.00 3,01D Tree Removal(>6 inches) Each 12$ 300.00 $ 3,600.00 $ 339.00 $ 3,980.00 $ 348.80 $ 4,185.60 $ 330.00 $ 3,960.00 3.01E Rock Construction Entrance Each 1 $ 1.500.00 $ 1,500.00 $ 1,25000 $ 1,250.00 $ 1,530,00 $ 1,530.00 $ 1,200.00 $ 1,200.00 3.01E Silt Fence L.F. 350 $ 2.25 $ 787.5D $ 7.50 $ 2,625.00 $ 3.30 $ 1,155.00 $ 7.80 $ 2,650.00 3.01G Flotation Silt Curtain L.F. 410 $ 14.00 $ 5,740.00 $ 15.00 $ 6,150.00 $ 10.70 $ 4,182.00 $ 14.40 $ 5,904.00 3,01H Sediment Control inlet Hat Each 5$ 245.00 $ 1,225.00 .5 '00.00 $ 1,500.00 $ 153.00 $ 765,00$ 370.00 $ 1,850.00 3.011 -Rock Leg L.F. 48$ 14.45 $ 693.60 $ 10.00 $ 480.00 $ 7.60 $ 364.00 $ 5.00 $ 240.00 Erosion Control Blanket 301J BioD-Ro1170(1.iN,00T Cat, S.Y. 280$ .".00 $ 840.00 $ 4.00 $ 1,120.00 5 4.40 $ 1,232,00 $ 3.50 $ 980.00 4) 3.01K Temporary Mulch Acre 0,5$ 600.00 $ 400.00 $ 880.00 $ 440.00 $ 2,180.00 $ 1,090.00 $ 930,00 $ _ 465.00 3.01L Silo Grading(CV) C.Y. 5500$ 2,94 $ 16,170.00 $ 15.00 $ 82,500.00 $ 10.20 $ 56,100,00 S 5.50 $ 30,250.00 3.010 Riprap MNDOT Class IV Ton 150$ 67.55 $ 10,147.50 $ 150.00 § 22,500.00 $ 123.70 $ 15,555.00 $ 70.80 $ 10,620.00 3.01N Filter Aggregates Ton 25$ 52.52 $ 1,313.00 $ 85,00 $ 2,125.00 $ 39.00 $ 995.00 S 55.40 $ 1,385.00 3.010 Tenser North American Sy 700$ 4.50 $ 3,150.00 $ 4.95 $ 3,465.00 $ 10,40 $ 72.80 $ 5.24 $ 3,668.00 Green P300 TRW 3.01P Geaweh System with S.F. 6D00$ 3.95 $ 23,700.90 $ 2.25 $ 13,500.00 $ 11.30 $ 87,800,00 $ 2.45 $ 14,700.00 Engineered Fill _ 3.010 Seeding Turf Area BWSR Acre 0.2$ 9,000.00 $ 1,800,00 $ 9,900.00 $ 1,989.00 $ 1,019.20 $ 203.84 $ 10,400.00 $ 2,060.00 Mix 34-261 3O10 Seeding Turf Area BWSR Acre 0.4$ 5,000.00 $ 3,200,00 $ 8,800.00 $ 3,529.00 $ 591.90 $ 236.76 $ 9,300.00 $ 3,720.00 l lix 35-621 3.01R Vegetated Reinforced S.F. 10500$ 12.52 $ 134,610.00 $ 25,00 $ 252,500.00 $ 19.30 $ 202,650.00 $ 12.50 $ 131,250.00 _ Stabilized Slope[VRSS) 3,016 Check Dam Grading Each 5$ 730.00 $ 3,650.00 5 1,250.00 $ 6,250.00 $ 255,00 $ 1,275.00 5 53D.00 $ 2,650,00 3O1T i:INDOT Type 4Geatextile Filter Fabric S.Y. 1650$ 1.90 $ 3,135.00 $ 3.00 $ 4050,00 $ 2.60 $ 4,290.00 $ 2.70 $ 4,455.00 3.01U 3"Clear crushed rock CY 185 $ 43.46 $ 8,040.10 $ 50.00 $ 9,250.00 $ 56.70 $ 10,489.50 $ 49.00 $ 9,065.00 3.01V Lower Riverview Road 6.Y. 800 $ 1.75 $ 1,400.00 $ B.so $ 6,800.00 $ 4.10 $ 3,280,90 $ 10.25 $ 8,200.90 Grading 3.01W Adjust Catch Basin Each 5 $ 330.00 5 1,650.00 $ 500.00 $ 2,500.00 $ 357.90 $ 1,785,00 $ 300.00 S 1,500.00 3.01X 1-1l2 Crushed rock(Lower Ton 150 5 42.10 $ 8,315,00 $ 50.00 $ 7,500.00 $ 29.30 $ 4,395.00 $ 45.00 $ 6,750.00 Riverview Road) 3.01Y Replacement Tree Each 12 $ 80.00 $ 960.00 $ 200.00 $ 2,400.00 $ 545.00 $ 8,540.0D $ 93.00 $ 1,116.00 Riverview Pond Repairs Total $ 284,281.70 $ 479,490.00 $ 425,251.70 $ 268,368,00 Alternate A Delete VRSS Item 3.O1Q Add Temporary Slope Stabilization with GeoWeb Syste Delete Vegetated 3.01R Reinforced Stabilized Slope S.F. 10500 5 12.62 $ {134,610.0D) $ 15.00 $ (157,500.00) $ 19.30 $ (202,650.00) $ 12.50 $ (131,250.00) (VRSS) 3 02A Add GW30V3 Geowab 6.F. 10500$ 3.55 $ 41,475.00 $ 3.00 $ 31,500.00 S 11.30 $ 118,650.00 $ 2.35 $ 24,675.00 Whim Add BIoD-Rail 70 3O26 Biodegradeable Erorion S,Y. 1200$ 3.00 $ 3,600.00 $ 4.00 $ 4,800,00 $ 44.00 $ 5,280.00 $ 3.50 $ 4,206.00 Control Blanket 3.02C Add BioD-Roll 30H Densely L F 330$ 10,000.00 $ 2,000.00 6 11,000.00 $ 2,200.00 $ 591.90 $ 118.38 $ 11,800,00 $ 2,320.00 Pecked Coir Roll 3.02D Add BWSR 34261 Seed Acre 0.25$ 16.50 $ 5,445.00 $ 18.50 § 6,105.00 $ 10.10 $ 333.00 5 19.00 $ 6,270.00 lilt Total Base Cost Plus $ 202,191.70 $ 368,595.00 $ 346,883.08 $ 174,583.00 CITY COUNCIL AGENDA DATE: SECTION Consent Calendar February 5, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC #11-5802 ITEM NO.: VIII.F. Jim Richardson Approve Professional Services Public Works/Engineering Agreement with HTPO, Inc. for the Mitchell Road Sidewalk Improvement Project Requested Action Move to: Approve Professional Services Agreement with HTPO, Inc. for the design and construction phase of services for the Mitchell Road sidewalk from Martin Drive to Roberts Drive. Synopsis This Professional Services Agreement will provide engineering services related to design, surveying, inspection and construction administration. The estimated cost for these services is $29,000.00. The project is scheduled to begin construction in the summer of 2013 and to be completed in the fall of 2013. Background Information The plan for this section of sidewalk is to construct a 5 foot concrete sidewalk on the west side of Mitchell Road, from Martin Drive to Roberts Drive, which will connect 2 existing segments of sidewalk. We submitted for a grant from Hennepin County and have been notified that we have been recommended for a $48,750 grant Financing The total project cost of the Mitchell Road/Baker Road [CSAH 60] Sidewalk Improvement is currently estimated at $200,000. This grant would provide $48,750 and the remaining $151,250 would be the responsibility of the City. The actual City funding has not been determined, however potential sources include CIP, the Transportation Trails/Sidewalk Fund and Municipal State Aid. Attachments • Professional Services Agreement • Letter from HTPO, Inc. Rev. 3-29-12 Standard Agreement for Professional Services This Agreement is made on the day of , 20 , between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Hansen Thope 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 Mitchell Road Sidewalk Construction hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit "A" (proposal letter dated January 24, 2013) in connection with the Work. The terms of this Agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions including proposals and/or general conditions. If the Consultants proposal is attached as the Exhibit A Scope of Work, City reserves the right to reject any general conditions in such proposal. 2. Term. The term of this Agreement shall be from February 5th, 2103 through October 31st, 2013 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 $29,000.00 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. 1 , . ' ' Rev. 3-29-12 Consultant will be entitled to payment for its reasonable additional ohorges, 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 ho perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access tm 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 nepOrtm, uketcheS, eadrnmtes, dnaxxin0o. and Other documents presented by the Consuitont, and shall inform the Consultant of all decisions required of City within a reasonable time ooamnot to delay the work ofthe Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or or|te[)a, 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 inst[uctions, receive infor0aUon, inte[pret, and define the City'a policy and decisions with respect to the services provided or materials, equipnnent, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment The Consultant ahm|| submit to the City, on o monthly bomis, an itemized invoice for professional services performed under this /\gnaemonL 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 ennp|oyee, his or her name, job bUe, the number of hours xxorked, rate of pay for each ennp|oyae, a computation of amounts due for each ennp|oyee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in oPnnp|ianoa with Minnesota Statutes Sections 471.38 and 471.381. For reimbursable expenses, if provided for in Exhibit A. the Consultant ahm/| provide oO itemized listing and such documentation ag reasonably required by the City. Each invoice shall contain the City's project nunlberandoprogpesoau[nnnoryshoxving the original (or amended) amount of the contra«t, current bi||ing, past payments and unexpended balance of the contract. B. Suspended Work. |f 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 auopension, all as shown on Exhibit A. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of opedo| onnmu|tants, as described in Section 313. and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Aoreenlent, the invoice or bill must include the following signed and dated statement: ''| declare under penalty of perjury that this aocount, o|ainl, or demand is just and correct and that no part ofit has been paid." Rev. 3-29-12 6. Project Manager and Staffing. The Consultant has designated Laurie A. Johnson and Aaron Carrell 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. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Audit Disclosure. 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 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. 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. 3 Rev. 3-29-12 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. 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 attorneys fees, to the extent attributable to a negligent or otherwise wrongful act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services 4 i . . ' Rev. 3-29-12 provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perfnnn, in any naapect, all obligations under this Agreement. Consultant further agrees to indemnity the City for defense costs incurred in defending any claims, unless the City is determined to be at fault. 20. &msumemce' A. General Liability. Prior to starting the VVork. Consultant shall pnooure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for damage to property. including |ooa of use, which may arise out of operations by Consultant orby any subcontractor orby anyone employed by any of them orby anyone for whose acts any of them may baliable. Such insurance shall include, but not be limited to, nninirnunn coverages and limits of liability specified in this Paragraph, or required bylaw. The pn|ioy(ies) shall name the City amon additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be primary and noncontributory in the event Vfaloss. B. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: Worker's Compensation Statutory Limits Employer's Liability $5OO,OOO each accident $500.000diseane policy limit $5DO.00O disease each employee Comprehensive General Liability $1,5DO.00O property damage and bodily injury per occurrence $2.UOO'OOO general aggregate $2.00O.00O Products — Completed Operations Aggregate $1OO.00O fire legal liability each occurrence $5.00O medical expense Comprehensive Automobile Liability $1.O0O.00O combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles. Umbrella or Excess Liability $1.000.000 C. The Comprehensive General/Commercial General Liability poUcy(iem) shall be equivalent in coverage to ISO form CGDOO1. and shall include the following: a. F'nsnniaeo and Operations coverage with no explosions, ooUapse, or underground damage exclusion (XCU). b. Products and Completed Operations coverage. Consultant agrees to maintain this coverage for m OniDinlu[n of two (3) years fD||omiOQ completion of its work. Said coverage shall apply to bodily injury and property damage arising out of the prod ucto-cOnnp|eted operations hozard 5 Rev. 3-29-12 c. Personal injury with Employment Exclusion (if any) deleted. d. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s), naming the "City of Eden Prairie" as an Additional Insured, on ISO form CG 20 10 07 04 or such other endorsement form as is approved by the City. g. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. h. "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. Severability of Insureds provision. D. 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. Said policy shall provide an aggregate limit of $2,000,000. Said policy shall not name the City as an insured. E. Consultant shall maintain in effect all insurance coverages required under this Paragraph 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. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: a. All policies, except the Professional Liability Insurance policy, shall be written on an "occurrence" form ("claims made" and "modified occurrence" forms are not acceptable); b. All policies, except the Professional Liability Insurance policy, shall be apply on a "per project" basis; c. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall contain a waiver of subrogation naming "the City of Eden Prairie"; d. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall name "the City of Eden Prairie" as an additional insured; e. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement; and f. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed, nor shall coverage limits be reduced by endorsement, without thirty (30) days prior written notice to the City. 6 . . , ' Rev. 3-29-12 A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph 20, must be filed with City prior to the start of Consultant's Work' Upon request m copy of the Consultant's insurance declaration page. Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates ohm|| be provided to City prior to the expiration date of any of the required policies. City will not be ob|igoied, however, to review such Certificate of |nsu[ance, declaration page, Ridar. Endorsement or certificates or other evidence of insuranma, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, Cdy'o right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold h@[n1|esm the City. the Cit\/o officim|o, agents and anlp|oyemo from any |Oao. claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by |axv, this indemnity applies regardless of any strict liability ornegligence attributable to the City (including sole negligence) and regardless of the extent towhich the underlying occurrence /i.e., the event giving rise to n c|minl which xv0u|d have been covered by the specified insurance) is attributable tothe negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its ouboontuuotone, ogento, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor ofindemnification. Consultant also agrees that if applicable |avv limits or precludes any aspect ofthis indernnity, then the indemnity will be considered limited only tnthe extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run If o|oinn arises within the scope of the stated indemnity, the City may require Consultant to: a. Furnish and pay for a euoah/ bond, satisfactory to the Citx. guaranteeing performance of the indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Ownership of Documents. All plans, dimgrarnm, anm|yoes, reports and information generated in connection with the performance of the Agreement ("Information") ohm|| 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. Use 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 use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information mgnaem to defend and indemnify the other from any claims o[ liability resulting therefrom. 7 Rev. 3-29-12 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. 26. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME: Hansen Thorpe Pellinen Olson, Inc By. 4. Its: 8 içiL ..-11 p I I Engineering Surveying ;) Landscape Architecture p January 24,2013 Mr.Jim Richardson City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 RE: Mitchell Road/Baker Road Sidewalk,I.C. 11-5802 Eden Prairie,MN Dear Jim, As requested, the following estimate for civil engineering and surveying services are provided for your consideration for approximately 3500 linear feet of concrete walk along the west side of Mitchell Road and Baker Road from Martin Drive to Roberts Drive. Estimate Scope of Service $4,000.00 Existing Conditions Survey. Includes shooting curb line,significant trees,wetland flags, and obstructions within the corridor; utility locates, and boundary computations. $2,000.00 Wetland Delineations by Kjolhaug Environmental Services. Includes winter delineation with verification in the spring. $9,300.00 Construction Documents. Includes grading plans,specifications,and Stormwater Pollution Prevention Plan (SWPPP);engineers estimate;permit applications to County and MPCA; Assumes that wetland disturbance will not be required. 7510 Market Place Drive Eden Prairie, MN 55344 $1,600.00 Easement Documents. Includes preparation 952-829-0700 of legal descriptions and plan exhibits. 952-829-7806 fax Assumes easement documents will be www.htpo.com required for 4 properties. HANSEN THORP PELLINEN OLSON, INC. . , • Richardson/Johnson January 24,2013 Page 2 S11,100.00 Bid Administration,Construction Administration,Staking,and Inspection. Includes up to 50 hours of inspection time. $1,000.00 Reimbursables $29,000.00 TOTAL We assume that a geotechnical engineer,if required,will be under a separate contract directly with the City. Invoices will be submitted based on actual hours worked using a 2.4 multiplier times direct personal expense,and reimbursable expenses incurred (printing,courier,and other out-of-house documents and fees). 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, HANSEN THORP PELLINEN OLSON, INC. 4-44 /L . Laurie A.Johns P.E. Principal CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda February 5, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.G. Rick Wahlen Approve Construction Contract with Public Works/UtilitiesBergerson-Caswell to Service and Upgrade Municipal Well No. 4 Requested Action Move to: Approve a contract with Bergerson-Caswell, Inc.,municipal well drillers, to service and upgrade Well No. 4 for$30,870. Synopsis The City of Eden Prairie Utilities Division obtained proposals from four competent regional well drillers for the rehabilitation work at Municipal Well No. 4 just north of Highway 212 along Martin Drive in the commercial area. The least-cost proposal was offered by Bergerson- Caswell, Inc. Staff recommends acceptance of the proposal in the amount of$30,870 to be paid from the water utility fund. Background Information Municipal Well No. 4 was constructed in 1982 and provided a sustained pumping rate of 1400 gallons of water per minute for many years. Over time as additional wells were added, and more and more water was withdrawn from the aquifer, the performance of the well began to diminish at critical times during the summer months when water use is the greatest. We have already improved the performance of wells 2, 11, 7, and 3 through a process of adding pump capacity, and Well No. 4 is our next well that stands the most to gain through this upgrade. To save mobilization costs,we requested proposals for the upgrade of both Well#4 and Well #6 at the same time. This resulted in a least-cost proposal $8,000 less than last year. To evaluate our options for improving the performance of the well,we consulted with St. Croix Environmental, who recommended an economically feasible upgrade, which includes adding addition pipe to deepen the well pump, installing a higher-RPM electric motor, and installing a larger, 4-stage higher pressure pump in the well. Attachments • Recommendation Letter • Proposal Tabulation Sheet .Croix Environmental Inc. January 25, 2013 Joe Dusek City of Eden Prairie—Water Utility 14100 Technology Drive Eden Prairie, MN 55344-2230 Subject: Contractor Recommendation Project-Well 04 Rehabilitation Dear Joe: Attached please find the bid tabulation from four independent quotations sought by St. Croix Environmental, Inc. (SCE) on behalf of the City of Eden Prairie. The quotations are for providing well rehabilitation services at Eden Prairie Well 04. A total of four pre-qualified drilling firms were invited to provide quotations, and each firm responded. • Each drilling firm was provided results of the recent pump and motor inspection report and video inspection report completed by Bergerson-Caswell. • Each firm was allowed the opportunity to visit the well and inspect the equipment at Bergerson- Caswell's shop. • All of the companies recommended a similar scope of work, or accepted the recommendations of Bergerson-Caswell. The individual cost quotations are summarized on the bid tabulation form, along with each firm's detailed pricing. Based upon the results of the proposal process, SCE recommends the City retain the services of Bergerson-Caswell for completion of the project. Upon receiving your authorization to proceed, we'll schedule the well for the recommended repairs and return the well to service at the earliest opportunity. Please let us know if you have any questions, or require additional supporting information. Sincerely, St. Croix Environmental, Inc. Kevin Miller, PG Principal Consultant Attachments 1094 Golden Oaks Drive • Hudson, Wisconsin 54016 • Phone (715) 381-5701 •Fax: (715) 381-5702 BID TABULATION REQUEST FOR QUOTATION WELL REHABILITATION AND UPGRADES CITY WELL 04 CITY OF EDEN PRAIRIE,MINNESOTA RFQ DATED JANUARY 21,2012 DATE OF QUOTE REVIEW:JANUARY 25,2013 BIDDER NAME TOTAL QUOTATION TRAUT WELLS $42,385.00 E.H.RENNER WELL COMPANY $37,636.00 KEYS WELL DRILLING $35,420.00 BERGERSON-CASWELL,INC. $30,870.00 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda February 5, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.H. Rick Wahlen Approve Construction Contract with Public Works/Utilities Bergerson-Caswell to Service and Upgrade Municipal Well No. 6 Requested Action Move to: Approve a contract with Bergerson-Caswell, Inc., municipal well drillers, to service and ugrade Well No. 6 for$35,655. Synopsis The City of Eden Prairie Utilities Division obtained proposals from four competent regional well drillers for the rehabilitation work at Municipal Well No. 6 along the north side of Valley View Drive adjacent to the old railroad right-of-way. The least-cost proposal was offered by Bergerson-Caswell, Inc. Staff recommends acceptance of the proposal in the amount of$35,655 to be paid from the water utility fund. Background Information Municipal Well No. 6 was constructed in 1981 and provided a sustained pumping rate of 1400 gallons of water per minute for many years. Over time as additional wells were added, and more water was withdrawn from the aquifer, the performance of the well began to diminish at times during the summer months. This upgrade will restore the well's performance at peak pumping periods. To save mobilization costs, we requested proposals for the upgrade of both Well #4 and Well #6 at the same time. By combining proposals, we are seeing cost savings of$8,000 in one well and at least $3,000 in the other well over last-year's singular well performance upgrade costs. To evaluate our options for improving the performance of the well, we consulted with St. Croix Environmental, who recommended an economically feasible upgrade, which includes adding addition pipe to deepen the well pump, reconditioning the right-angle gear drive on the auxiliary motor, and a host of repair parts to make the system like new again. Attachments • Recommendation Letter • Proposal Tabulation Sheet .Croix Environmental Inc. January 25, 2013 Joe Dusek City of Eden Prairie—Water Utility 14100 Technology Drive Eden Prairie, MN 55344-2230 Subject: Contractor Recommendation Project-Well 06 Rehabilitation Dear Joe: Attached please find the bid tabulation from four independent quotations sought by St. Croix Environmental, Inc. (SCE) on behalf of the City of Eden Prairie. The quotations are for providing well rehabilitation services at Eden Prairie Well 06. A total of four pre-qualified drilling firms were invited to provide quotations, and each firm responded. • Each drilling firm was provided results of the recent pump and motor inspection report and video inspection report completed by Bergerson-Caswell. • Each firm was allowed the opportunity to visit the well and inspect the equipment at Bergerson- Caswell's shop. • All of the companies recommended a similar scope of work, or accepted the recommendations of Bergerson-Caswell. The individual cost quotations are summarized on the bid tabulation form, along with each firm's detailed pricing. Based upon the results of the proposal process, SCE recommends the City retain the services of Bergerson-Caswell for completion of the project. Upon receiving your authorization to proceed, we'll schedule the well for the recommended repairs and return the well to service at the earliest opportunity. Please let us know if you have any questions, or require additional supporting information. Sincerely, St. Croix Environmental, Inc. Kevin Miller, PG Principal Consultant Attachments 1094 Golden Oaks Drive • Hudson, Wisconsin 54016 • Phone (715) 381-5701 •Fax: (715) 381-5702 BID TABULATION REQUEST FOR QUOTATION WELL REHABILITATION AND UPGRADES CITY WELL 06 CITY OF EDEN PRAIRIE,MINNESOTA RFQ DATED JANUARY 21,2012 DATE OF QUOTE REVIEW:JANUARY 25,2013 BIDDER NAME TOTAL QUOTATION TRAUT WELLS $45,410.00 E.H.RENNER WELL COMPANY $43,356.00 KEYS WELL DRILLING $42,115.00 BERGERSON-CASWELL,INC. $35,655.00 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 5, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILI. Police Department Resolution Declaring "Abandoned Property" Lieutenant Bill Wyffels Requested Action Move to: Adopt resolution declaring property as "abandoned property." Synopsis The Eden Prairie Police Department has accumulated a quantity of bicycles, stereo/electronic equipment, and miscellaneous items that remain unclaimed. City Code 2.86 Subd. 2, Disposal of Unclaimed Property, requires adoption of a resolution by City Council to declare unclaimed property that has been in the possession of the City for over 90 days as "abandoned property." Background Information In the course of municipal operations, the Eden Prairie Police Department's Evidence/Property Room has several items that have lawfully come into its possession that remain unclaimed by the owners and have been in its possession for at least 90 days. In accordance with City Code Section 2.86 Subdivision 2 C., the Police Department would like to dispose of this property by sale to the highest bidder at a public auction through the City of Eden Prairie. In addition, in accordance with City Code 2.86 Subdivision C, the Police Department would like to convert certain items for City use. Attachments Resolution Exhibits A and B CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2013- DECLARATION OF ABANDONED PROPERTY WHEREAS, City Code 2.86 Subd. 2 requires adoption of a resolution by City Council to declare unclaimed property such as bicycles, stereo/electronic equipment, and miscellaneous items as "abandoned property;" and WHEREAS, the property has lawfully come into the possession of the City in the course of municipal operations; and WHEREAS,the property remains unclaimed by the owners; and WHEREAS,the property has been in the possession of the City for over 90 days. NOW THEREFORE, BE IT RESOLVED that the City of Eden Prairie declares the unclaimed property as "abandoned property." ADOPTED by the City Council on February 5, 2013. Ron Case, Acting Mayor ATTEST: Kathleen Porta, City Clerk poilc;F ' Exhibit A EDEN 'PRAIRIE , Abandoned Property for Auction Case Number Description Serial Number 2006-00004073 (8) Mens Hats 2010-00008569 #21 Pkg, Wrapping Paper, Fabric Sheets, SW Pkg 2003-00020602 Fellowes Paper Shredder 2003-00020602 Laptop Computer Case, Black in Color 2008-00014196 JVC Sirius Radio 2008-00014196 Pair of MTX Thunder 4500 Speakers 2008-00014196 Rockford Fosgate Amplifier 2008-00014196 Rockford Fosgate Amplifier, Punch 401s 2008-00014196 Rockford Fosgate Capacitor 2008-00031305 (1) Power-Flite Tee Ball Bat 2009-00033712 (1)XBox Game- Fable II 2009-00038826 (1) LP Gas Hose 2009-00038826 (1)Thermos Red Portable Grill 2009-00038826 PictureFrame 2011-00030191 Belkin iPod Charger, Mod# F8Z498 2011 00030191 Garmin Nuvi GPS, Mod#255W, Ser# 1Q6339620, wSuction Mount+ 1Q6339620 Charging Cord 2012-00002380 Microsoft Xbox Game Console wPower Cord 627043661505 10/10/2012 -01/30/2013 Page 1 of 3 poilc_ ' Exhibit A ) EDEN 'PRAIRIE : Abandoned Property for Auction 2012-00017593 (1) BernzOmatic Propane Torch 2012-00017593 Large Black Construction Bag wMisc Building Supplies 2012-00017593 Makita Mitre Saw, Model LS1016L 10" 19532A 2012-00017593 Ridgid Portable Carrier for Saw AU1003 41845 2012-00017593 Ridgid Sump Pump, wBox 2012-00017593 Scent Air Machine, Black in Color 2012-00017593 White Tackle Box of Small Copper Fittings 2012-00025934 (1) Fluke 117R Electrician's Multimeter-Voltage Detection 16020718 2012-00026373 Garmin nuvi 1390 GPS Unit 1T1096709 2012-00026373 Garmin nuvi 255W GPS Unit 1WM940895 Slotline Golf Club Bag, Black, wClubs: Wilson Irons, 1,3,4,5,6,8 and 2012-00029326 PW Woods: Rawlings 1, Wilson 1, Firstflight 1 and 3, Orlimar 1, Northwestern 3 Ladies "14k" Silver Colored Ring wRound Clear Center Stone, three 2012-00029746 smaller Round Clear Stones on either side of Center Stone no Personalized Engravings 2012-00031786 Garmin Nuvi200 GPS Unit, Ser#1CB648499 1CB648499 2012-00031786 Magellan Maestro GPS Unit, Ser#0726401398248 0726401398248 2012-00031912 Magna Excitor, RedBlkSil Boys, 21 sp, 26" 02TD7051331 2012-00032889 Schwinn Sidewinder, Purple, Women's 21-Spd CSC2G83452 2012-00033292 Haro V-3 Adult Mens Silver wBlk Pouch on Handlebars, 21Spd A300781325 10/10/2012 -01/30/2013 Page 2 of 3 poilc;F ' Exhibit A EDEN 'PRAIRIE , Abandoned Property for Auction 2012-00033381 Trek MT 220 Womens BlueSilver wRed &White Accents; 21-spd C53CP909 2012-00034675 Pacific Trail Blazer Boys 18SP SilPurple,#CK52117871 CK52117871 2012-00034675 Pacific Trail Blazer Girls 18SP SilPurple, #CK52128082 CK52128082 2012-00035987 Black&Tan Eddie Bauer Tent in Black Bag 2012-00036201 Citizens Watch, Mens, Silver in Color wBlack Dial 2012-00036275 Diamondback Photon BMX SilRed Boys ACY6F01192 2012 00037097 Diamondback Cross Country Purple Mens 18 speed Bicycle l2L13068 wSchwinn Seat 2012-00037184 (1) i-Pad Recharging Cord, White in Color 2012-00037184 (1) Nintendo DS XL, Maroon in Color WW42154587-6 2012-00037184 Kisai Rogue Touch Mens Black Watch 2012-00037184 Silver Colored Necklace wCrown-Type Pendant 2012-00037184 Xerox MP3 Player, Red in Color wGrayRed Earphones 2012-00038418 Giant Cypress BlueSilver Ladies 21sp C15D0160 2012 00038703 Schwinn Point Beach WhiteTeal; Female 7 spd wWhite Wire Basket SNFSD10DC5062 attached to Handlebars 2012 00041430 Cascade Ridge FS Elite Womens Dk Blue Mtn Bike, Gel "Bike" Seat C06474980 Cushion, Ser#C06474980 2012-00041835 Huffy Canyon Blue Ladies 15 sp, Serial #965963203522F015 965963203522F015 2012 00044118 Diamondback Wildwood Navy BlueCharcoal GrayWhi Mens; 21- 08B0013654 Speed 2012-00046203 Magna Excitor Series, Red &Silver, Mens 21 Speed Bike TD1089005581 10/10/2012 -01/30/2013 Page 3 of 3 poilc_ ' Exhibit B EDEN Property for Conversion ""PRAIRIE MI so Case Number Property Description 2006-00004073 (1) Pelouze Digital Electronic Scale 2008-00005008 (1) $5 Bill =TOTAL: $5 Cash 2008-00005008 (2) $1 Bills+$5 Bill =TOTAL: $7 Cash 2008-00005008 BlkRed Hammer 2008-00020242 $5 in US Coins 2008-00022044 Sentry Safe 2008-00022044 Silver Digital Scale 2010-00008569 (1) HP Pavillion dv4 Laptop Computer, Silver 2008-00015921 HP Compaq Laptop Computer&Cord (Cord not usable-destroyed on 10-10-12) 2008-00045116 Black Steel Crowbar w Lug Wrench 2008-00045116 Blue Steel Crowbar 2009-00034710 (1) Fuzion Digital Scale 2009-00037116 Prybar 2010-00002229 (2) New Computer Mouses and (1) Surge Protector 2011-00002388 Scale 2011-00029220 External Hard Drive 2012-00031786 Protron PLTV-32C Television, Model LT32C1P1, Ser#YT32AN053300035 2012-00032750 $36.75 in Cash (1-$20, 3-$5, 1-$1, 3-.75) 2012-00037498 $1 Bill 2012-00044218 Dell Latitude D620 Computer wExtended Battery- No Cord 10/10/2012 -01/30/2013 Page 1 of 1 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 5, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.J. Jay Lotthammer, Parks and Updated Guidelines for Community Use of Parks Recreation Director and Recreation Rental Facilities Requested Action Move to: Approve the Updated Guidelines for Community Use of Parks and Recreation Rental Facilities. Synopsis The intent of this policy is to promote regular and active use of community facilities. It outlines scheduling procedures, rental classification, charges, and sets rules and regulations for use of the facilities. Charges and/or user fees are based on staffing, set-up, and maintenance costs, as well as market rates for similar facilities. The following minor updates are proposed by staff: • Rental Classifications were modified to have similar wording as the fee resolution. • Riley-Jacques Barn rental schedule was changed to be the same as other park buildings and pavilions, which is the first business day of the year. • The Senior Center may be scheduled three months in advance, with a two week advance notice. • The Community Center food requirement added"Groups may be able to bring outside snacks or beverages upon receiving pre-approval from the Community Center." Background Information City facilities are operated by the City of Eden Prairie under the policies and guidelines adopted by the Eden Prairie City Council on September 19, 2006 and updated and re-adopted on; September 19, 2006, February 12, 2008, March 4, 2008 and November 17, 2009. The Council recognizes the value of these facilities being available to serve Eden Prairie residents, civic and religious groups, and businesses. Attachments Guidelines for Community Use of Parks and Recreation Rental Facilities Approved by Eden Prairie City Council on September 19, 2006 Re-Adopted by Eden Prairie City Council on February 12, 2008 Re-Adopted by Eden Prairie City Council on March 4, 2008 Re-Adopted by Eden Prairie City Council on November 17, 2009 Re-Adopted by Eden Prairie City Council on February 5,2013 POLICY GUIDELINES FOR COMMUNITY USE OF PARKS AND RECREATION RENTAL FACILITIES City facilities are operated by the City of Eden Prairie under the following policies and guidelines adopted by the Eden Prairie City Council on September 19, 2006. The Council recognizes the value of these facilities being available to serve Eden Prairie residents, civic and religious groups, and businesses. PURPOSE AND INTENT The intent of this policy is to promote regular and active use of the facilities. It outlines scheduling procedures, rental classification, charges, and sets rules and regulations for use of the facilities. Charges and/or user fees are based on staffing, set-up, and maintenance costs, as well as market rates for similar facilities. The City of Eden Prairie does not discriminate on the basis of race, color, religion, national origin, gender, age, marital status, sexual orientation, status with regard to public assistance, or disability in the admission or access to programs, services, activities, or employment. 1. Rental Classifications Eden Prairie City Government: Any activity related to or benefitting the operations of Eden Prairie's City Government including,but not limited to, City Council, Board and Commission meetings, City sponsored or hosted programs, events and public meetings. Group 1: Eden Prairie Civic/Non-Profit Agencies: Includes Eden Prairie School District, Eden Prairie Youth Athletic Associations, PROP, SW Metro Transit, SW Suburban Cable and Eden Prairie—based religious organizations. A civic, non-profit or resident group is considered as Eden Prairie-based if it has at least 75% of its membership roster residing in the City(as in the case of Eden Prairie Homeowner/ Townhome Associations). Group 2: Eden Prairie Residents and Businesses: Eden Prairie-based businesses and commercial organizations and Eden Prairie residents who wish to use the facilities for personal use. (Documented proof may be requested) Group 3: Non-Eden Prairie Residents/Businesses/Groups: Non-resident individuals, groups, commercial, and business organizations (including non-profit), as well as state & county-related committees, including Minnesota's federal and Policy— Community Use of Parks & Recreation Rental Facilities Page 2 of 13 state representatives and political groups (i.e., League of Women Voters, Town Hall meetings, political conventions, etc.). (Limited to rentals at Eden Prairie Community Center and Senior Center) NOTE: Eden Prairie residents and businesses may NOT make reservations for non- Eden Prairie based residents and businesses under the Group 2 rate. 2. Rental Facilities Park Pavilions &Buildings - Round Lake Park Pavilion, Homeward Hills Park Barn*, Round Lake Park Building*, Staring Lake Park Building*, Miller Park Building*, Crestwood Park Building*, Nesbitt-Preserve Park Building*, Prairie View Park Building*, Edenvale Park Building*, Forest Hills Park Building*, Riley Lake Pavilion, Riley-Jacques Barn, and Purgatory Creek Park Lambert Pavilion. Warming Houses - Park buildings* located throughout the City and used for ice skating and sledding activities from December 15 through March 1. * Denotes facilities utilized as warming houses. Amphitheatre - located at Staring Lake Park Community Center- ice arenas, racquetball courts, swimming pool, meeting rooms, gym, play structure, dry floor, and play structure. Senior Center- community room and meeting rooms Outdoor Athletic Facilities -volleyball courts,basketball courts, softball/baseball fields, soccer/football/lacrosse fields, tennis courts. These park amenities are available on a first-come, first-serve basis, unless they are being used for a City program or have been reserved. Outdoor athletic facilities are available for rent along with a park pavilion/building rental, for a fee. See the separate document "Guidelines for Priority Use of Public Facilities" for rental details. Trail System- for walks and/or runs. Rental of a park building or pavilion is required to hold a walk and/or run. Walks and/or runs beyond the park property will require approval from other departments. Walks and/or runs do not have exclusive use of trails or streets,unless required for safety purposes. In cases of exclusive use, signage and/or additional staff/volunteers may be required, at the discretion of the Parks and Recreation Director. Non-Typical Park Locations—such as, but not limited to, parking lots, sun shelters, picnic areas, open fields, dog parks, disc golf, hockey rinks in the summer, etc. These locations cannot be rented for exclusive use. See Large Group Use. Policy— Community Use of Parks & Recreation Rental Facilities Page 3 of 13 3. Hours of Operation City park hours are 6 a.m. to 10 p.m., daily; with the exception of Miller and Round Lake Park that may remain open until 10:30 p.m. during the summer. Rental use beyond these hours requires the approval of the Parks and Recreation Director. The Community Center is open from 5:30 a.m. to 10 p.m., daily during the school year; summer hours may vary. The Senior Center business hours are from 8:30 a.m. to 4 p.m., Monday through Friday. The Senior Center is reserved for Senior and City program use during this time. The Senior Center may be available for rent, for other uses, on weekday evenings and weekends. Warming houses are available for rent during non-public ice skating/sledding hours only, unless using the upper level of Homeward Hills Park Barn. 4. General Information Rental of a facility does not allow for exclusive access of other park amenities (ballfields, tennis courts, playground,public bathrooms, etc.). Eden Prairie City Government Group meetings, events, and activities have priority. All other rental scheduling will be on a first-come, first-serve basis; with special reservation guidelines pertaining to walks and/or runs. Non-resident groups may rent at the Community Center and Senior Center only. No person who has not attained the age of 21 years shall be allowed to rent a facility. A minimum notice of 3 business days is required for rental of a facility. Senior Center reservations require advance notice of 14 days. User groups are not allowed to reserve City facilities on a continuing basis (i.e. daily, weekly, monthly)without the approval of the Director of Parks and Recreation. The City reserves the right to restrict the number of dates an individual or group may reserve. This is to ensure the availability of facilities to all user groups. If deemed necessary, the City reserves the right to substitute a meeting room or facility other than that stated or requested, in order to minimize conflicts of compatibility, space, and scheduling. Rentals are subject to maximum group size and availability. Rental hours shall be calculated from the time the renter enters the space until the time of departure. User groups must adhere to the hours requested and approved on the facility use contract. Policy— Community Use of Parks & Recreation Rental Facilities Page 4 of 13 At some locations, a half-day rental fee versus a full-day rental fee shall be determined by City staff, and not by the number of hours renting a facility. A half- day rental fee will be applied if it is reasonable, in the Parks and Recreation Director's discretion, to assume the facility will be available for rental by another renter for the remainder of the day. Groups renting facilities shall comply with the Equal Opportunity Statutes, and not discriminate on the basis of race, color, religion, national origin, gender, age, marital status, sexual orientation, status with regard to public assistance, or disability. 5. Scheduling A. Pavilions, Buildings, and Amphitheatre Groups or individuals desiring to use a park pavilion/building shall make arrangements through the Park Facility Scheduler. Reservations will be accepted on the first business day of the calendar year; with the exception of Homeward Hills Park Barn. B. Warming House Some park facilities are used as warming houses from December 15 through March 1. They are not available for rental use during public ice skating/sledding hours, except for the upper level of Homeward Hills. Groups or individuals desiring to use a Warming House shall make arrangements through the Warming House Scheduler. C. Homeward Hills Park Barn Groups or individuals desiring to use the Homeward Hills Park Barn shall make arrangements through the Park Facility Scheduler. The Homeward Hills Park Barn is available for rental year-round. During public ice skating, rentals may occur in the upper level. It may be scheduled for rental on the first business day according to the following timetable: Reservations Accepted Months Available First Business Day of January April - October August 1 November—March of following year D. Riley-Jacques Barn Groups or individuals desiring to use the Riley-Jacques Barn shall make arrangements through the Park Facility Scheduler. Policy— Community Use of Parks & Recreation Rental Facilities Page 5 of 13 The Riley-Jacques Barn is available for rental use from the first day of May through the end of October. It may be scheduled for rental on the first business day in January. E. Community Center Groups or individuals desiring to use the Community Center shall make arrangements through the Community Center facility scheduler. See Community Center Rental Guidelines for rental details. F. Senior Center Groups or individuals desiring to use the Senior Center shall make arrangements through the Senior Center staff. Senior Center reservations require a two week advance notice. The Senior Center may be scheduled three months in advance. G. Outdoor Athletic Facilities Groups or individuals desiring to use an outdoor athletic facility shall make arrangements through the Athletic Facility Scheduler. See the separate document"Guidelines for Priority Use of Public Facilities" for rental details. H. Walks and/or Runs Groups 1 and 2 may request a walk and/or run with the Park Facility Scheduler no earlier than the first business day of the calendar year in which they wish to hold the event. Group 2 may request a walk and/or run no earlier than two weeks after the first business day of the calendar year. The walks and/or runs offered by Groups 1 and 2 will be limited to two per month,per park area. If the event uses multiple sites or a major portion of any roadway or park facility, the number and size of various events might be limited further. Any advertising and or promotion of the walk and/or run on park property must be reviewed by the Park Facility Scheduler prior to publishing to insure conformance to the approved permit. The City must be included in the indemnification clause signed by the participants in the event. 6. Rental Fee The rental fee is required for all chargeable rentals. Reservations are confirmed only when full payment is made. Policy— Community Use of Parks & Recreation Rental Facilities Page 6 of 13 7. Damage Deposit A $200 damage deposit, in addition to the rental fee, may be required by Group 3 and Group 4. The damage deposit is required at the same time the rental fee check is submitted. This deposit shall be returned within one (1)week after the rental date if no deductions are necessary. A higher damage deposit may be required for special events such as a Walk/Run. No damage deposit is required for approved reoccurring rentals. Failure to comply with this Policy may result in loss of damage deposit. 8. Special User Fee In some instances, a special user fee may be required. This fee will be applied to cover unusual anticipated expenses, such as excessive clean-up, unusual set-up, excess electricity, and/or damages associated with the user's program, event, general use or decorations. The special user fee must be paid at the time the rental fee payment is made and will be held until it is determined by the City if any or all of the fee was required. Any remaining balance will be returned to the renter. There may be a special user fee for large events requiring a special event checklist or rentals requiring additional portable toilets or additional police or security measures. Walks and/or runs will be charged a special user fee based on the anticipated or actual attendance. A special user fee is applied to groups with specialized equipment or activities such as dunk tanks, inflatables, moon walks, etc. User groups may be required to pay a special user fee when they provide amplified sound. User groups will be required to pay a special user fee for the City's Sound Technician to operate the City's sound system and/or the user group's sound system. The City's Sound Technician is required for any musical event with amplified sound at the amphitheatre. User groups must receive prior approval for additional electrical use, additional lighting, etc. An additional fee may be associated with these requested facility use items. 9. Special Event Checklist Any event or activity that may require the assistance of more than one City department or may extend beyond the park boundaries is required to complete a Special Event Checklist with the Licensing Clerk at the Eden Prairie Police Department. Policy— Community Use of Parks & Recreation Rental Facilities Page 7of13 Special event authorization will only be approved if proper accommodations can be made (i.e. additional parking, transportation to the site, additional toilets, additional police officers or security measures). A special user fee may apply. Renter may be required to apply for permits through the Eden Prairie Police Department. 10. Cancellation Policy The City reserves the right to cancel any reservation. In case of cancellation by the City, reservation fees will be returned accordingly. The rental fee is refundable if cancellation notice is received no less than 10 days prior to the date of the scheduled event. 11. Liability and Damage Rental groups using facilities will be required to sign a waiver of liability on the contract form. A Certificate of Insurance is required to cover the use of specialized equipment, walks/runs, or special events open to the public. The City will not assume liability for loss or damage to property belonging to an organization or group. Any organization, group, or individual reserving space shall be fully responsible for any damage to that space or equipment and any unlawful acts associated with the user's program or event. Any damages to facilities or equipment must be reported immediately. Costs associated with the damage will be deducted from the damage deposit; additional charges may apply. The City reserves the right to cancel future reservations. 12. Regulations Violations of this Policy may result in forfeiture of a user's damage deposit and denial of future use of City facilities; however, that does not exempt violators from possible prosecution under applicable City ordinances, State, or Federal laws. City facilities and parks are smoke free. Use of tobacco products is prohibited as stated in City Ordinance 9.42. The City reserves the right to terminate a rental contract for City code violations. Policy— Community Use of Parks & Recreation Rental Facilities Page 8 of 13 Meetings and activities must be confined to the area(s) reserved. Other meetings and activities may take place at the same time in other rooms. Groups are expected to have respect for each other's space. Disorderly conduct shall be grounds for immediate termination of the activity/event without refund. This will be determined by City staff or a police officer. A. Supervision Youth using facilities must be under competent adult(minimum age of 21 years old) leadership and supervision. The renter shall assume full responsibility for the group's conduct and/or the conduct of any member or guest of the group, and for any damage to the facilities, buildings, or equipment. Children must be kept confined to the reserved area of the user group. The City will not assume liability for unsupervised children. The City will be reimbursed by user/renter/group for any costs incurred due to damages or additional cleaning. Youth groups shall be chaperoned on a ratio of one adult (minimum age of 21 years old) for each ten(10) or fewer youth under the age of 18. The number of youth attending and the names of the chaperones maybe requested by the staff. If the general public is invited, City staff shall determine the number of chaperones needed. If deemed necessary due to the type of function or activity, the City reserves the right to assign an attendant and/or police officer for a user group. The cost of such will be paid by the user group. A building attendant is required to be on site at all times for community use of the Senior Center and non-regular hours of the Community Center. The building attendant will assist with set up and take down as required, and perform general clean up as needed. A building attendant is required to be on site for warming house rentals. At all park pavilion/building locations, a park attendant will meet the renter at the specified rental beginning time and will come back at the specified ending rental time. The renter is responsible for the rental facility during this rental time, and shall be on-site during this rental time. Enclosed buildings will be unlocked at the beginning rental time and locked at the ending rental time. The renter shall not leave the building unattended during the rental time. B. Park Pavilion/Building Cleaning Rented space and common areas must be left in the same or better state of cleanliness as when renter arrived. Park Attendant shall determine the appropriate level of cleanliness. If additional staff time, beyond that necessary for normal cleaning is required to clean the facility, an additional Policy— Community Use of Parks & Recreation Rental Facilities Page 9 of 13 charge for personnel and cleaning supplies will be deducted from the damage deposit. User groups are responsible for the basic clean up and bagging of trash. All chairs or tables used must be taken down and put away. C. Parking Parking is available in designated parking areas. Groups that underestimate their number of guests may not have adequate parking. No parking on grass. No driving on trails or plaza. D. Admission Fee User groups are not allowed to charge an admission fee without the approval of the City Council. See Section XV, of this Policy. E. Specialized Equipment or Activities Cooking devices suitable for pig roasts are allowed but must remain in the parking lot or designated area. Dunk tanks, inflatables, etc. are allowed at designated areas. A Certificate of Insurance is required. A special user fee is required. Hayrides or sleigh rides are not permitted by rental groups. F. Animals Rental groups are not permitted to have non-domesticated animals, including, but not limited to horses, on City property. G. Fireworks/Open Fires Rental groups are not permitted to have fireworks. Rental groups are not permitted to have fires, fire in fire pits, or any open flame. H. Large Group Use Resident groups with 20 or more are required to have a rental of a facility or a large group use permit before using a park facility. Policy—Community Use of Parks & Recreation Rental Facilities Page 10 of 13 13. Food Service Food or beverages may not be sold without prior approval. Food sales must comply with the Hennepin County Health Department regulations of having a food service permit. No food or beverage may be left behind at any facility. Where available, kitchens may not be used for commercial use (fundraising). A. Parks, Shelters, Rented Activity Buildings Food and beverages (alcoholic included) are permitted at all locations. Catering services are permitted at all locations. Outdoor grills are available at some park locations, charcoal is not provided. Charcoal grills or gas grills may be brought into the park and used in a safe manner on a hard, flat surface. All charcoal must be removed from the park; safe charcoal disposal sites are not available at the parks. Propane tanks or cylinders shall not be disposed of on park/City property. Groups must provide their own kitchen supplies (towels, paper products, utensils, etc.) and condiments. B. Senior Center Food and beverages (alcoholic included) are permitted. Heating of pre-prepared food is permitted in the provided oven. Groups must provide their own kitchen supplies (towels, paper products, utensils, etc.) and condiments. C. Community Center(EPCC) All meals, food and beverages for events and banquets must be contracted through a Community Center pre-approved caterer or through the Community Center concessions. Groups may be able to bring outside snacks or beverages upon receiving pre-approval from the Community Center. Grilling is allowed in the upper lot only. No on-site preparation allowed. No freezer or refrigeration available. Groups must provide their own kitchen supplies (towels, paper products, utensils, etc.) and condiments. Policy—Community Use of Parks & Recreation Rental Facilities Page 11 of 13 14. Alcoholic Beverages Alcoholic beverages are permitted at City facilities, EXCEPT at Eden Prairie City property adjacent to a school (with the exception of the Eden Prairie Community Center when served by a licensed vendor), Flying Cloud Fields, and Round Lake fields north of Valley View Road. Alcoholic beverages may be given by a host to the host's guests at a social event, provided that the host may not sell or engage in a sale of such beverages to the guests without proper liquor licensing. No glass containers permitted within an outdoor park. Prior notice to, and approval of, the Parks and Recreation Director are required of any group/or user intending to have a keg or kegs of beer on site. Alcoholic beverages may be dispensed to persons attending a convention, banquet, conference, meeting or social affair,by the holder of a retail, on-sale intoxicating liquor license issued by the City of Eden Prairie Eden Prairie or an adjacent municipality who has been engaged to dispense intoxicating liquor, at an event held by a person or organization. Alcoholic beverages may be dispensed by an organization which holds an intoxicating on-sale license for the on-sale intoxicating liquor to members and bona fide guests. 15. Fundraising Groups 1 and 2 may conduct fundraising activities at City facilities. Fundraising activities include,but are not limited to: selling articles on-site, advanced ticket sales, walks and/or runs or any other means of collecting monies for a particular purpose or group. The City will allow City facilities to be used for limited fundraising activities to support Eden Prairie based organizations with pre-approval by the Director of Parks and Recreation. At the discretion of the City, any group conducting a fundraiser will be charged a pre-determined fee by the City to cover costs of set-up, maintenance, cleaning and security of the areas utilized for the event. A. Charitable Gambling Activities Renters conducting activities involving licensed charitable gambling(not a licensed gaming company) must provide proof of compliance with State gaming requirements and receive City Council approval. Requests must come before the City Council through the Parks and Recreation Department at least 45 days prior to the event date. Policy—Community Use of Parks & Recreation Rental Facilities Page 12 of 13 B. Walks and/or Runs Groups 1 and 2 may request a walk and/or run with the Park Facility Scheduler no earlier than the first business day of the calendar year in which they wish to hold the event. Group 3 may request a walk and/or run no earlier than two weeks after the first business day of the calendar year. The walks and/or runs offered by Groups 2, and 3 will be limited to two per month,per park area. If the event uses multiple sites or a major portion of any roadway, the number and size of various events might be limited further. Any advertising and or promotion of the walk and/or run on park property must be reviewed by the Parks and Recreation Department prior to publishing to insure conformance to the approved permit. The City must be included in the indemnification clause signed by the participants in the event. Rental of the park building or pavilion is required to hold a walk and/or run. Walks and/or runs will be charged a special user fee based on the anticipated or actual attendance. A special event checklist will need to be completed with the licensing clerk at the Eden Prairie Police Department. 16. Decorations Failure to comply with decoration policy may result in loss of damage deposit. A decoration plan and installation methods must be pre-approved by City staff. The City reserves the right to remove all decorations which do not meet a pre- approved plan. All decorating time must be included in the rental hours. No double-sided tape or Scotch tape shall be used in decorating. Use poster putty, removable blue painters tape or removable poster tape only on flat painted walls or tables. No tape shall be used on the ceiling. No nails shall be used in decorating. No staples or tacks on flat painted walls or tables shall be used in decorating. No lit candles or open flame shall be used in decorating. No banners, streamers,balloons or signs may be attached to any facility structure or landscaping without prior approval by City staff. Any pre-approved attachments must be removed by the group using the facility immediately after the reservation period. Policy—Community Use of Parks & Recreation Rental Facilities Page 13 of 13 No rice, confetti, or birdseed shall be used in activities or decorating. 17. Tents and other Props Tents or other structures with stakes, tarps, or any part or portion thereof attached to the facility are prohibited. Free-standing canopy tents are permitted with prior approval. Stakes cannot be driven into the grounds, so tents may be secured with sandbags or weights. Any tables, chairs, dance floor, staging, free standing canopy tents or other props brought in from other sources will not be stored in City facilities, and shall be brought in only during rental hours; and must be removed from the facility at the end of the rental time. 18. Amplified Sound Sound Technician The City's Sound Technician is required for any musical event with amplified sound at the amphitheatre. The City's Sound Technician shall have complete supervisory control over the operation of the facility. Arrangements for equipment set up and take down must be made with this person. Access to the stage is for loading and unloading purposes only. The Sound Technician will determine what vehicles will have access to the stage for loading and unloading of equipment, etc. User groups will be required to pay a special user fee for the City's Sound Technician to operate the City's sound system and/or the user group's sound system. User groups using a sound amplification system will be required to have the sound monitored. The noise level will be monitored and controlled by the City staff equipped with a decibel level meter. The noise level will not be allowed above 70 decibels 100 feet from the source. Failure to comply with this restriction will result in loss of damage deposit and may result in suspension of electrical power. G:\Parks and Recreation\Administration\Polcy\POLICY-Community Use of P&R Rental Facilities-UPDATED.doc CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 5, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.K. Stuart Fox, Parks and Natural Contract for Professional Services for Resources Manager, Parks and Riley Lake Park Improvements Project Recreation Requested Action Move to: Approve the Standard Agreement for Professional Services with HTPO for Riley Lake Park Improvements Project including surveying and construction document services at a cost not to exceed $25,000.00. Synopsis Laurie Johnson of Hansen, Thorp, Pellinen and Olson Inc. has provided a Scope of Services proposal that addresses the City's request for engineering and surveying services related to the Riley Lake Park Improvements Project. Their proposal for the project includes survey work, construction documents and cost estimate work with a not to exceed cost of$25,000. Background This project scope is the conversion of the two youth baseball fields at Riley Lake Park into adult softball fields. The construction work would lengthen the fields from the current 250 foot fence distance to 300 feet long. Lighting would be added to these fields to facilitate evening play. Additional sport lighting would be added to the tennis and sand volleyball courts in the park to accommodate evening play as well. Recommendation The proposal from HTPO is in line with our estimate and staff recommends approval of this contract. Attachment Standard Agreement for Professional Services Scope of Service Proposal Letter Rev. 3-29-12 Standard Agreement for Professional Services This Agreement is made on the 5th day of February, 2013, 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 (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 the Riley Lake Park Improvements Project hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit "A" (Existing Conditions Base Map, Construction Documents and Cost Estimate, Bid Administration and Reimbursables related to the Project) in connection with the Work. The terms of this Agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions including proposals and/or general conditions. If the Consultants proposal is attached as the Exhibit A, Scope of Work, City reserves the right to reject any general conditions in such proposal. 2. Term. The term of this Agreement shall be from February 5, 2013 through Project Completion 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 $25,000 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. 1 Rev. 3-29-12 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: 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." 2 Rev. 3-29-12 6. Project Manager and Staffing. The Consultant has designated Laurie Johnson and other Consultant Staff 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. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Audit Disclosure. 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 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. 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. 3 Rev. 3-29-12 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. 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, to the extent attributable to a negligent or otherwise wrongful 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 4 Rev. 3-29-12 fully to perform, in any respect, all obligations under this Agreement. Consultant further agrees to indemnity the City for defense costs incurred in defending any claims, unless the City is determined to be at fault. 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 coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies) 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 primary and noncontributory in the event of a loss. B. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products — Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owned vehicles. Umbrella or Excess Liability $1,000,000 C. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001, and shall include the following: a. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). b. Products and Completed Operations coverage. Consultant agrees to maintain this coverage for a minimum of two (2) years following completion of its work. Said coverage shall apply to bodily injury and property damage arising out of the products-completed operations hazard. c. Personal injury with Employment Exclusion (if any) deleted. 5 Rev. 3-29-12 d. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s), naming the "City of Eden Prairie" as an Additional Insured, on ISO form CG 20 10 07 04 or such other endorsement form as is approved by the City. g. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. h. "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. i. Severability of Insureds provision. D. 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. Said policy shall provide an aggregate limit of$2,000,000. Said policy shall not name the City as an insured. E. Consultant shall maintain in effect all insurance coverages required under this Paragraph 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. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: a. All policies, except the Professional Liability Insurance policy, shall be written on an "occurrence" form ("claims made" and "modified occurrence" forms are not acceptable); b. All policies, except the Professional Liability Insurance policy, shall be apply on a "per project" basis; c. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall contain a waiver of subrogation naming "the City of Eden Prairie"; d. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall name "the City of Eden Prairie" as an additional insured; e. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement; and f. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed, nor shall coverage limits be reduced by endorsement, without thirty (30) days prior written notice to the City. 6 Rev. 3-29-12 A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph 20, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise 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. F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 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. Use 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 use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 7 Rev. 3-29-12 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. 26. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME By: Its: 8 Rev. 3-29-12 EXHIBIT A SCOPE OF SERVICES Existing Conditions Base Map: $5,000 Includes topographic survey of ballfield area and verification of site features, trees and utilities in areas to be disturbed for lighting improvements. Construction Documents: $17,000 Includes the preparation of plans and specifications including a site plan, grading plan for the ballfields, Stormwater Pollution Prevention Plan (SWPPP), conceptual irrigation and lighting plan, engineers estimate and MPCA permit application. Assumes that the irrigation and lighting systems will be design-build. Bid Administration: $1,500 Includes plan distribution, answering contractors questions, preparation of bid tabulation and letter of recommendation. Reimbursables: $1,500 9 p I I Engineering Surveying " ;"') Landscape Architecture January 29,2013 Mr.Stu Fox City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Riley Lake Park Improvements Eden Prairie, MN Dear Stu, As requested, the following estimate for civil engineering and surveying services are provided for your consideration for expansion of the existing ballfields and lighting for the ballfields, volleyball,and tennis courts. Estimate Scope of Service $5,000.00 Existing Conditions Base Map. Includes topographic survey of ballfield area and verification of site features, trees and utilities in areas to be disturbed for lighting improvements. $17,000.00 Construction Documents. Plans and specifications including site plan, grading plan for ballfields,Storrnwater Pollution Prevention Plan(SWPPP),conceptual irrigation plan and lighting plan,engineers estimate and MPCA permit application. Assumes that irrigation and lighting will be design-build. $1,500.00 Bid Administration. Includes plan distribution, answering contractors 7510 Market Place Drive questions, preparation bid tabulation and Eden Prairie, MN 55344 letter of recommendation. 952-829-0700 952-829-7$0 fax 51,500.00 Reintbursables www.htpo.com $25,000.00 TOTAL HANSEN THORP PELLINEN OLSON, INC. Fox/Johnson January 29,2013 Page 2 Fees for construction phase services have not been included in the above estimates. We assume that a geotechnical consultant, if required,will be under a separate contract directly with the City. Invoices will be submitted based on actual hours worked using a 2.4 multiplier times direct personal expense,and reimbursable expenses incurred (printing,courier,and other out-of-house documents and fees). We will keep you informed of our work progress and the above fee estimate will not be exceeded without prior approval from your office. We invoice our services monthly payable within 30 days. Thank you for this opportunity to provide our services. Sincerely, Hansen Thorp Pellinen Olson, Inc. Laurie A. Johnson, P.E. Principal CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 5, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.L. Office of City Manager, Declare obsolete computer equipment as Information Technology/Ryan surplus Browning Requested Action Move to: Declare obsolete equipment as surplus and authorize the City Manager to dispose of property to manage end of life computers, monitors and electronics using Asset Recovery Corporation's services and the State of Minnesota as authorized under City Code Section 2.86, Subd. 3. Synopsis The City has a surplus of obsolete computer equipment. The equipment is of no use and will be recycled for the cost of$.14 or $.17 per pound, depending on the type, as shown below. Misc. electronics $0.14 per pound Monitors and TVs $0.17 per pound There will be a credit given of$0.15 per pound for PCs (desktops and towers). All equipment will be disposed of as authorized by City Code Section 2.86, Subd. 3. Attachment • List of surplus equipment Item Make Model Serial # AC Adapter US Robotics T41091000A040G 9937 AC Adapter US Robotics T41091000A040G 9647 AC Power Adapter HP 0950-4476 4Z04857401 AC/DC Adapter Cisco EADP-18FB B DTH1228VXVY Battery Dell TC030 301-71763-64J-E5 CD-Rom Drive Compaq LTN485 2.09034E+11 Computer Dell Optiplex GX270 51DPZ41 Computer Dell Optiplex GX280 DSLBL71 Computer Dell Optiplex GX280 2MPNR71 Computer Sony PCV-RX640 28440030 300837 Computer Dell PowerEdge2200 B7C1M Computer Antec ? ? Computer Dell MMP CRG8J11 Computer Compaq E51028 181A70012301 8J Computer Dell Optiplex 745 3ZOMYC1 Copier Ricoh Aficio 1013 3870034 DSL Modem Actiontec GT701-WG EXFB5510004883 Fax Machine Brother 970MC U56352G0K286735 Fax Machine Brother FAX2800 uU56577H1J559833 Fax Machine Brother MFC8500 U56575B3J212014 Floppy Disk Drive Panasonic Ju-256A346PC 34076020 ITE Power Supply Cisco PSA-18U-480C 14152215A3 ITE Power Supply HP 6120-6732 8120-6732 Laptop Computer Dell D620 CN-0KX350-12961-746-2819 Monitor Dell 1907FPt CN-0DC323-71618-6BF-A893 Monitor Dell 1908FPt CN-0FP182-71618-794-RD9C Monitor Dell E770s KR-02010V-47602-OAR-AUEF Monitor Dell E771a MY08J854-4663Z-Z1R-86BM Monitor Dell E773c CN-0P0151-64180-496-33CE Monitor Dell M783s MX-0X7382-47605-4B3-BF85 Monitor Digital VT320 HK10229377 Monitor Esprit 5000 6102 6.10291E+11 Monitor ViewSonic VA702b PSX052502252 Monitor Proview 772 FSUU11112174U Monitor Dell E151FPP CN-06R644-47804-36C-L4J3 Monitor ViewSonic VE155B 9.17022E+11 Monitor Dell 1908Fpc CN-0UW042-64180-743-1DLS Phone Mitel Superset 4001 ASAAJ6937 Phone Mitel Superset 4001 ASABZ1673 Phone Mitel Superset 4001 AFAFJ2852 Phone Mitel Superset 4001 AFAFJ2845 Phone Mitel Superset 4001 AFADT3571 Phone Mitel Superset 4001 AFAFJ2851 Phone Mitel Superset 4025 ASABL5650 Phone Mitel Superset 4025 AFADG6419 Phone Mitel Superset 4025 04176583 Phone Mitel Superset 4025 04176579 Phone Mitel Superset 4025 04176587 Phone Mitel Superset 4025 ASADB3340 Phone Mitel Superset 4025 N/A Phone Mitel Superset 410 AAADC0144 Phone Mitel Superset 410 AAADE7185 Phone Mitel Superset 410 AAADE7211 Phone Mitel Superset 410 AAACO0212 Phone Mitel Superset 410 AAADQ2012 Phone Mitel Superset 410 AAADQ2024 Phone Mitel Superset 410 AAADK6196 Phone Mitel Superset 410 AAACY6082 Phone Mitel Superset 410 AAADE7224 Phone Mitel Superset 410 AAAER1157 Phone Mitel Superset 410 AAADB9599 Phone Mitel Superset 410 AAADD1542 Phone Mitel Superset 410 AAACY6298 Phone Mitel Superset 410 AAADK6177 Phone Mitel Superset 410 AFACK8093 Phone Mitel Superset 410 AAAFM9891 Phone Mitel Superset 410 AAADE7242 Phone Mitel Superset 410 AAADE7186 Phone Mitel Superset 410 107183 Phone Mitel Superset 410 AAACY6335 Phone Mitel Superset 420 AADX6258 Phone Mitel Superset 420 AAABV1049 Phone Mitel Superset 420 AAADK7029 Phone Mitel Superset 420 AAAFB0146 Phone Mitel Superset 420 AAADX6286 Phone Mitel Superset 420 AAAEB7364 Phone Mitel Superset 420 AAAEQ0073 Phone Mitel Superset 420 AAADY3630 Phone Mitel Superset 420 AAADM1494 Phone Mitel Superset 420 AAADU8881 Phone Mitel Superset 420 AAADL2906 Phone Mitel Superset 420 AAADK3189 Phone Mitel Superset 420 AFAAL3685 Phone Mitel Superset 420 AAAFB0139 Phone Mitel Superset 420 AFACL8978 Phone Mitel Superset 420 AFACL8665 Phone Mitel Superset 420 AFACL8715 Phone Mitel Superset 420 AAAGL4610 Phone Mitel Superset 420 AAADY3588 Phone Mitel Superset 420 AAAFB0152 Phone Mitel Superset 420 AAADV3005 Phone Mitel Superset 420 AFACS8704 Phone Mitel Superset 420 AAADK3120 Phone Mitel Superset 420 AFAAZ0777 Phone Mitel Superset 420 AAADY3522 Phone Mitel Superset 420 AAADK3127 Phone Mitel Superset 420 AAADK3149 Phone Mitel Superset 420 AAADX6417 Phone Mitel Superset 420 AAADK3150 Phone Mitel Superset 420 AAADK3175 Phone Mitel Superset 420 AAADK3172 Phone Mitel Superset 420 AAAEB2881 Phone Vtech 2488 AA300940280 Phone Stuff Lucent 103B9 107525545103B9 Phone Stuff AT&T 206 90250.0937 Phone Stuff Lucent 400E 975P32157315 Phone Stuff Avaya R4.0 A21624310166 Phone Stuff Avaya R5232 07DR11391948 Phone Stuff AT&T 206 91053.048 Power Injector Cisco AIR-PWRINJ3 F000815MB8U Power Supply HP PC6019 5ABDPOAG5XD2RZ Printer HP C8154A TH6CM570GM Printer HP SDGOA-0403 CN5202113V Scanner Canon PC325 NTV58137 Scanner Canon Canonscan LiDE90 KCPH61025 TV Sony Bravia 40EX400 S01-14-02254-4 TV JC Penney ? ? TV Symphonic SC309D V02458423 Typewriter Xerox MemoryWriter 6010 ? UPS Minuteman MM2000 M200A0928 UPS Minuteman XRTBP1 1617881200002 CITY COUNCIL AGENDA DATE: SECTION: Public Hearing February 5, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Vacation 13-01 ITEM NO.: IX.A. Denise Christensen Vacation of the Public Right-of-Way Easement over part of Coteau Trail, as dedicated on the Public Works/Engineering recorded plat of The Enclave at Old Shady Oak, Hennepin County, Minnesota Requested Action Move to: • Close the public hearing; and • Adopt the Resolution vacating the public right-of-way easement over part of Coteau Trail as dedicated on the recorded plat of THE ENCLAVE AT OLD SHADY OAK, Hennepin County, Minnesota. Synopsis The developer of the subdivision The Enclave at Old Shady Oak has requested the vacation of the public right-of-way easement over part of Coteau Trail to accommodate a private retaining wall. As part of the subdivision plans, a retaining wall was contemplated within Outlot C, the Enclave at Old Shady Oak. After the private wall was completed, it was determined that the wall was built in public right-of-way. To re-construct or move the wall entirely onto private property would be cost prohibitive so the request was made to vacate the public right-of-way. Since private and public utilities have been installed and are presently operated and maintained within this portion of the right-of-way, the City will retain drainage and utility easement over the entire vacation area. Background Information The City Staff has been working with the developer of the subdivision to obtain approval for the design and construction of a retaining wall within Outlot C, The Enclave at Old Shady Oak for a few years. The retaining wall is located between MnDOT right-of-way for TH 62 and City right- of-way for Coteau Trail. The wall required a special design that incorporates beams and boulders. Once constructed, the retaining wall encroached onto City right-of-way. A solution was reached to request a vacation of the right-of way rather than entering into an encroachment agreement to allow the wall to remain on private property. Attachments • Resolution • Location Map • Site Plan • Published Notice • Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2013- VACATION OF THE PUBLIC RIGHT-OF-WAY EASEMENT OVER PART OF COTEAU TRAIL,AS DEDICATED ON THE RECORDED PLAT OF THE ENCLAVE AT OLD SHADY OAK,HENNEPIN COUNTY VACATION 13-01 WHEREAS, the City of Eden Prairie has a certain public right-of-way easement for road purposes over that part of Coteau Trail, as dedicated on the recorded plat of THE ENCLAVE AT OLD SHADY OAK, Hennepin County, Minnesota, described as follows: See Attachment A WHEREAS, a Public Hearing was held on February 5, 2013, after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; and WHEREAS, the Council has been advised by City Staff that the proposed vacation of the above described 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; and WHEREAS, public and private utilities have been installed and are presently operated and maintained within the right-of-way, an easement allowing governmental and utility company personal and equipment to enter upon the vacated right-of-way to maintain or construct additional facilities needs to be retained. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said public right-of-way easement as described above is hereby vacated, subject to a permanent drainage and utility easement being retained over the entire vacated public right-of-way easement. 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 February 5, 2013. ATTEST: Ron Case, Acting Mayor SEAL Kathleen Porta, City Clerk Attachment A That part of Coteau Trail as dedicated on THE ENCLAVE AT OLD SHADY OAK, according to the recorded plat thereof, Hennepin County, Minnesota which lies northwesterly, northerly, northeasterly and easterly of a line to hereinafter be described as Line "A". Line "A" is described as commencing at the most east southeast corner of Lot 2, Block 2, said THE ENCLAVE AT OLD SHADY OAK; thence easterly a distance of 44.71 feet along a curve, concave to the north, having a radius of 89.00 feet, a central angle of 28 degrees 46 minutes 54 seconds and a chord of 44.24 feet which assumes to bear North 78 degrees 53 degrees 39 minutes East to the point of beginning; thence South 25 degrees 29 minutes 48 seconds East a distance of 2.00 feet; thence northeasterly 85.04 feet along a curve, concave to the southwest and parallel with the northerly right of way line of said Coteau Trail having a radius of 313.00 feet and a central angle of 15 degrees 33 minutes 59 seconds; thence North 80 degrees 04 minutes 11 seconds East, tangent to the last curve and parallel with said northerly right of way line, a distance of 45.20 feet; thence South 09 degrees 55 minutes 49 seconds East a distance of 4.00 feet; thence southeasterly 272.58 feet along a curve, concave to the southwest and parallel with said northerly right of way line having a radius of 249.00 feet and a central angle of 62 degrees 43 minutes 20 seconds; thence North 52 degrees 47 minutes 31 seconds East, not tangent to the last described curve, a distance of 3.00 feet; thence southerly 185.92 feet along a curve, concave to the southwest and parallel with said northerly and easterly right of way line having a radius of 252.00 feet and a central angle of 42 degrees 16 minutes 21 seconds; thence South 05 degrees 03 minutes 52 seconds West, tangent to the last described curve and parallel with said right of way line, a distance of 39.86 feet; thence South 84 degrees 56 minutes 08 second East a distance of 3.00 feet to said right-of-way and there terminating. And lying southerly, southeasterly and easterly of a line to hereinafter be referred to as Line "B". Line "B" is described a commencing at the point of terminus of Line "A"; thence South 05 degrees 03 minutes 52 seconds West, along the easterly right of way line of said Coteau Trail a distance of 225.13 feet to the point of beginning of said Line "B"; thence North 84 degrees 56 minutes 08 seconds West a distance of 3.00 feet; thence southwesterly 176.25 feet along a curve, concave to the northwest and parallel with said right of way line having a radius of 147.00 feet and a central angle of 68 degrees 41 minutes 52 seconds; thence South 73 degrees 45 minutes 44 seconds West,tangent to the last described curve and parallel with said right of way line, a distance of 27.22 feet; thence South 16 degrees 14 minutes 16 seconds East a distance of 3.00 feet to said right of way line and there terminating. Area: 3,213 sq. ft. MINNET OIee A 61 _\I _ui 0 62) YELLOW G N W. 62nd S . CIRCLE DR. F` CIR. \- \\ 1 \\\ Z \\\- \\\— \\\r= `C z • _I LaQJ W \) o CI cc 1— Ci 4 a' �� c,NP° NNL� �NORNy/Z4r( E� c~ o a 62 4 .L. G N1„� • DRIFT :O p v CITY Li:RD.°00 zz mD \N •, o O F� Q� � 'AY ° o .' 21 I 4 � Q S a cY= BF. 0 RD CI-1 - Q 7 JO l / O G RD. `'D c7 o , S 13 0� • ygoY O(t,'• P 0Ov Ci. 2 1 Bryant Lake 11 12 T116 R22W 100101��. 99 MEL'S 102 WAY �x I o p� 70th F Q c� f 21- z ____a ., ���� W 4. 0 I .) c,R w o �� 21 �. cD ^0 VJ1LLowo OD VAC 13-01 NORTH LOCATION MAP i REVISIONS rnTE n i(2 fl'vrn i ','vv �� ,^_`,I n 1 VACATION DESCRIPTION That part of Coteau Trail asdedtma 444.41 1::::<1..;144;,4;:h:S:,..''''.91.1,3'-'1'5' T eomty Minna hich lies northwes y. y. r y alinetoSBJ°2J'2J'W Fnnnabcr Fcd0escribed es Lme"Aomw lerl names nmmm THE ENCLAVE AT OLD SHADY mnl memsw to sot eW1EET Wall%AREA S' _$aJ°2T2TW 1T.42 p �g - 'rA Line"X'islOLDS describM ae<mmmmcmg at themod mnt muthadmmmofLa 2,Block 2,raid THE ENCLAVE o 703� _ -20 --�--- - - -_ �/ 1. {ADY OAK;theme eadatyedienme of44.]l teeteloneacwrve,em«vemmemrtM1,Fersae '`"p"m,ppp1g __ u-,° ��• �� +a> � fraams ora9oo raLa«ntral anglenrza aegr<ea46minaaa s4 s«ond.ame<Immor44.z4 rmwmrn aa.mn<.aRVI � p�W*.?1�ae,'� 'y6pn°16°v"tr/' 8 :�'� z°, MS) '�Y�� wM1ca.nmlh"IBdegrea 53 dear«n 39 minmea Eaatto lh<pomlofbeghmina;0mce 5aulF 2s degas 29 x \ep - x,sl �761- oq 'l monde Esataaiamn«erz.00r«cmm«.mw<aae,lr as.oa re<taln�a<n,a,<nn®v<wme2 �a n/ ®B<I lhm<nm Iy Ftnrwa Im<nraw«.nTmll ga lnanr3ln.aore dV" P'1 1s aegreea 33 minwan Sv ae<anaaythm<e North ag aegra<a o4minalm I1 ae<nmla F:.aL lan9nn ANL emaagaauelw;thaeianortnerlrrigmorweylingaAdm«or4szor«t:thm«smtho9Z o $0°�, /a°a d' % \/ e1.Jz $e �,'> gees�ss�ate� eeennas Esataaiamn«nram reef men<e«aw<aa�yxn.sa reetalmga<mvqQ ^° Jf '1a°2�t';, �e—zz so•Zi• �' �Jy. L concave to eaon west and paella wiw.aidnortherlyny or war line havma a mama wz49ob feet anda 2 �aN ayv \YBa'11'E 18 ^ $ p+sw central angle 62 degrees 43wm zo seconds;th«Nmthn degrees 47 ww31 «a Ednnt ——— t6 / m tangent to the lent ddetibedam;adiamnceo[3.00 feet thence lBs92 feaabngacarvgcon<avcb - m +e� ' 1 >CO -'� southwest and parallel with said northerly and easterly tight or Ime radius of reel and�� i ( central 16 minutes thence 1105 03 aw52s�,sW��ml 14 a4 u•W 1W'Je I \try g s6mmums 08 second East of 3.06 redmut ay there terminating.`, a last described curve and parallel said right of way line,distance of fed;thence South w w$n. I ��O S �'•. '1 degrees .d' of-w and - 'n NORTH J• ` \ A lying southerly,southeasterly am easterly of line m hereinafter.referred m as line"B°. 8`$ /.. 28 I 1 27 t 26 \ \ti, e_ th m m� ` g \ `tv'g \ Line"IV described a commencing at Ole Point of terminus of Line's":thence South 05 degrees 03 Mutes 52 Q y9/ 1tx It ' / second!,wort,alone the<autmlytigm of way hneofsaid Coteau Tmil adivtence of225.13 red tome pointer gy ./} d I I kir I 25 / /\ `, begimting of said Lme"B"thence Norm 84 degrees 56 minutes W seam,west a distance of3.pb fen thence W Q 40 20 B 20 00 BB ;qr \'' Im R I 615 feet along a curve,concave to the northwest and parallel wnh saidright of way line having. I� moo/ / �` 00 and acen�l angle or68d�ees41mthn�52a«awe thence SPmh73d es. w / n. �' C I U /p0 �' raw 444amenda West,tangent to the leaf described emus andPwllel with uid right ofway lmga distance of Ca SCALE IN FEET / �' ..44�� �. I — / , 3'° 2 r t m D 0-d ;; _ Se.°.r'.m-I .. .. / / O� o and thence l6 degrees l4 minutes l6«coeds East of feet line ' 30 / d`2� ��D�. 0a, �� — — \ a ere o ��o/ i \\T —°a- ,tom / /44 , mmmg. W hj•/ 1 r e4 \ 11':=1 a.. Area:3,213 s9.R. Ce o N33°N' e ' ' POND`\ \' T _ ,-.' N 24 \ ! a £ 2 T 4$ \ 1Y9.42/ —saes se.w POND • _— - __1 g ' U) •�sz.eo " sg mrae'a'__'-- . �sfl°esWeuWe 1so. u R I i S' 87 ors ...... a�g III 23 1,1 I +' 0 .4000 f� Hb° 1. //O� SeebT1YW 12J.2U Nat Hu 3 OES` / 1 22 I. la� // \\ ( � pC L—'Is'_se'arW rues_ I t" ( 6 P 0 I. OUTLOT B /r — ry s rc �� d 21 I8 P t tggo '�mL Nee°rtxt ils.si_ A DRAINAGE O OVER ALLUtJF IX/ILOT Bit JOI _We4°38 DB'N' I F A '''...: \ 1 r————— O 0 0 14412 • %y\ F C7 Sri O o — 1 ,, 5 U e II \ pis 1 20 \---- wea•zzee_E t ,W� / \ �' \Rj l i —rw.new�ww'r�3"'6� 4 O W 10 _ _- N • \ 19 \ \ ly aRnmyettirymat a�er.a�mrePm+waaPrePam�ameen �, w 4t,°R�Ae��i� `be\ \ / t `—N%°z wader the haw orate%teartninnewn n v en L Surveyor (fi xt \<\ryw \ \ �}9�� ' 't4 rar——- Dated this 3rd day oumuary,2013. i '^o/ ,\ ''' 18 $\ \ 4,9, , o, snT'x oral ;boy% as \\\� w\ \�/ /, Y 8I _ DRAWN o \•2, 9 '4k i I KEPI c s,�.'nc. KED �,C` / \ N.. .di�v:the a e'a�' L—Her! erton, ands v re 17 \ \ roj3e 3° . �. I mmmanmu<maeNn.4n44 �Y' 1 - SCALE k/ $� \ 00 SBJ°Qy29•W 1JB.W k 1\ / _ AS SHOWN 9 \ P/^' is — 1.---lr S00$ ' - wuL8. v o Nowc N I J4 \ / / wep5µE1 I I P — TOWNSHIP-RANGE-SECTIO N ,i JI 16 , / >\ 1 \ 2 I I 3 I oN tie Dz PIN COUNTYe BOOK:XXPAGE:X m .IrT ♦yJ04, /°Y \ \ I . Ii � / /p 34a.i SHEET 1 OF 1 VACATION 13-01 NOTICE OF VACATION OF THE PUBLIC RIGHT-OF-WAY EASEMENT OVER PART OF COTEAU TRAIL AS DEDICATED ON THE RECORDED PLAT OF THE ENCLAVE AT OLD SHADY OAK 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 February 5, 2013 at 7:00 p.m. to hear all persons present upon the proposed vacation of the public right-of-way easement over that part of Coteau Trail, as dedicated on the recorded plat of THE ENCLAVE AT OLD SHADY OAK, Hennepin County, Minnesota, described as follows: That part of Coteau Trail as dedicated on THE ENCLAVE AT OLD SHADY OAK, according to the recorded plat thereof,Hennepin County,Minnesota which lies northwesterly,northerly, northeasterly and easterly of a line to hereinafter be described as Line "A". Line "A" is described as commencing at the most east southeast corner of Lot 2, Block 2, said THE ENCLAVE AT OLD SHADY OAK; thence easterly a distance of 44.71 feet along a curve, concave to the north, having a radius of 89.00 feet, a central angle of 28 degrees 46 minutes 54 seconds and a chord of 44.24 feet which assumes to bear North 78 degrees 53 degrees 39 minutes East to the point of beginning;thence South 25 degrees 29 minutes 48 seconds East a distance of 2.00 feet; thence northeasterly 85.04 feet along a curve, concave to the southwest and parallel with the northerly right of way line of said Coteau Trail having a radius of 313.00 feet and a central angle of 15 degrees 33 minutes 59 seconds; thence North 80 degrees 04 minutes 11 seconds East,tangent to the last curve and parallel with said northerly right of way line, a distance of 45.20 feet; thence South 09 degrees 55 minutes 49 seconds East a distance of 4.00 feet; thence southeasterly 272.58 feet along a curve, concave to the southwest and parallel with said northerly right of way line having a radius of 249.00 feet and a central angle of 62 degrees 43 minutes 20 seconds;thence North 52 degrees 47 minutes 31 seconds East,not tangent to the last described curve, a distance of 3.00 feet; thence southerly 185.92 feet along a curve, concave to the southwest and parallel with said northerly and easterly right of way line having a radius of 252.00 feet and a central angle of 42 degrees 16 minutes 21 seconds; thence South 05 degrees 03 minutes 52 seconds West,tangent to the last described curve and parallel with said right of way line, a distance of 39.86 feet; thence South 84 degrees 56 minutes 08 second East a distance of 3.00 feet to said right-of-way and there terminating. And lying southerly, southeasterly and easterly of a line to hereinafter be referred to as Line "B". Line "B" is described a commencing at the point of terminus of Line "A"; thence South 05 degrees 03 minutes 52 seconds West, along the easterly right of way line of said Coteau Trail a distance of 225.13 feet to the point of beginning of said Line "B"; thence North 84 degrees 56 minutes 08 seconds West a distance of 3.00 feet; thence southwesterly 176.25 feet along a curve, concave to the northwest and parallel with said right of way line having a radius of 147.00 feet and a central angle of 68 degrees 41 minutes 52 seconds; thence South 73 degrees 45 minutes 44 seconds West,tangent to the last described curve and parallel with said right of way line, a distance of 27.22 feet; thence South 16 degrees 14 minutes 16 seconds East a distance of 3.00 feet to said right of way line and there terminating. By Order of the City Council Published in the Eden Prairie News on January 17, 2013 NOTIFICATION LIST VACATION REQUEST 13-01 A copy of the Public Hearing Notice has been sent to owners of the following parcels: 0211622110030 0211622110053 0211622110031 0211622110054 0211622110032 0211622110055 0211622110033 0211622110056 0211622110034 0211622110057 0211622110036 0211622110058 0211622110037 0211622110059 0211622110038 0211622110060 0211622110039 0211622110061 0211622110040 0211622110062 0211622110041 0211622110063 0211622110042 0211622110064 0211622110043 0211622110065 0211622110044 0211622110066 0211622110045 0211622110067 0211622110046 0211622110068 0211622110047 0211622110069 0211622110048 0211622110070 0211622110049 0211622110071 0211622110050 0211622110072 0211622110051 0211622110073 0211622110052 CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims February 5, 2013 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 224001-224250 Wire Transfers 1002589 - 1002706 Wire Transfers 4654—4662 4661 US Bank Purchasing Card- December City of Eden Prairie Council Check Summary February 5,2013 Division Amount Division Amount General 86,072 601 Prairie Village Liquor 123,251 100 City Manager 564 602 Den Road Liquor 292,412 101 Legislative 11,782 603 Prairie View Liquor 161,446 102 Legal Counsel 31,344 605 Den Road Building 2,157 110 City Clerk 62 701 Water Fund 145,643 111 Customer Service 3,688 702 Sewer Fund 8,650 112 Human Resources 369 703 Storm Drainage Fund 22,814 113 Communications 17,938 Total Enterprise Funds 756,373 114 Benefits&Training 6,101 130 Assessing 252 316 WAFTA 1,546 131 Finance 1,227 803 Escrow Fund 104,570 132 Housing and Community Services 28,461 807 Benefits Fund 668,103 133 Planning 11,960 809 Investment Fund 6,603 136 Public Safety Communications 14,162 811 Property Insurance 5,010 137 Economic Development 175 812 Fleet Internal Service 43,528 138 Community Development Admin. 238 813 IT Internal Service 62,786 151 Park Maintenance 66,666 814 Facilities Capital ISF 64,470 153 Organized Athletics 2,649 815 Facilites Operating ISF 45,317 154 Community Center 9,500 816 Facilites City Center ISF 68,551 156 Youth Programs 3,327 817 Facilites Comm.Center ISF 74,166 157 Special Events 350 Total Internal Service Funds 1,144,650 158 Senior Center 2,546 159 Recreation Administration 1,198 Report Totals 3,251,371 160 Therapeutic Recreation 1,560 161 Oak Point Pool 19,442 162 Arts 1,363 163 Outdoor Center 163 164 Park Rental Facilities 197 166 CC-Therapeutic Recreation 38 167 CC-Youth Programs 6,943 168 Arts Center 15 180 Police 22,165 183 Emergency Preparedness 5,943 184 Fire 45,913 186 Inspections 1,820 200 Engineering 3,707 201 Street Maintenance 120,497 202 Street Lighting 71,659 Total General Funds 602,055 301 CDBG 12,015 303 Cemetary Operation 365 304 Senior Board 38 308 E-911 27,244 Total Special Revenue Funds 39,663 430 G.O.Improvement Bonds 2006A 400 Total Debt Service Funds 400 315 Economic Development 300 509 CIP Fund 676 528 Shady Oak Rd-CR 61 North 685,365 529 Shady Oak Rd-CR 61 South 21,890 Total Capital Project Funds 708,231 City of Eden Prairie Council Check Register February 5,2013 Check# Amount Vendor/Explanation Account Description Business Unit Explanation 1002671 634,248 MAX STEININGER INC Improvement Contracts Shady Oak Rd-CR 61 North Improvements-Shady Oak/61 North 224154 305,089 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits Medical/Dental Premium 4656 225,111 CERIDIAN State Taxes Withheld Health and Benefits Taxes Withheld 4654 155,890 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund Sales&Use Tax 4660 136,646 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 1002641 109,706 XCEL ENERGY Electric Prairie Village Liquor Store Monthly Utilities 224167 99,813 JARDIN MAGICO INC Deposits Escrow 1002705 73,845 XCEL ENERGY Electric Traffic Signals 1002627 71,134 PEARSON BROTHERS INC Seal Coating Street Maintenance 1002690 70,417 SRF CONSULTING GROUP INC Design&Engineering Shady Oak Rd-CR 61 South 224043 59,598 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store 1002610 56,700 GUNNAR ELECTRIC CO INC Improvements to Land Round Lake 224229 56,430 STEVENS ENGINEERS Other Contracted Services Facilities Capital 4661 42,878 US BANK Deposits Escrow 224171 41,992 JOHNSON BROTHERS LIQUOR CO Wine Domestic Prairie View Liquor Store 224246 40,218 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store 224121 40,121 CARGILL SALT Salt Snow&Ice Control 1002649 35,584 CENTERPOINT ENERGY SERVICES IN Gas Water Treatment Plant 224226 29,708 SOUTHERN WINE&SPIRITS OF MN Wine Imported Prairie View Liquor Store 1002668 28,742 LOGIS Software Maintenance IT Operating 1002619 26,488 MOTOROLA Other Contracted Services E-911 Program 1002642 24,464 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating 4658 22,383 ING Deferred Compensation General Fund 224100 21,985 ABM JANITORIALSERVICES-NORTH C Janitor Service Utility Operations-General 1002655 20,782 DIVERSE BUILDING MAINTENANCE Janitor Service Senior Center 224063 20,367 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant 1002635 20,049 THORPE DISTRIBUTING Beer Den Road Liquor Store 224098 19,819 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 224164 19,442 IND SCHOOL DIST 272 Other Contracted Services Oak Point Operations 224080 18,755 SOUTHERN WINE&SPIRITS OF MN Transportation Prairie Village Liquor Store 1002701 18,612 WALL TRENDS INC Building Repair&Maint. Water Treatment Plant 224016 17,775 BONNER&BORHART LLP Legal Legal Criminal Prosecution 224042 17,480 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie Village Liquor Store 224037 17,424 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Fire 1002663 17,225 GREGERSON ROSOW JOHNSON&NILA Legal Legal Council 224097 16,844 WIRTZ BEVERAGE MINNESOTA Transportation Den Road Liquor Store 224250 16,778 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 4657 16,257 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 224072 15,031 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store 1002620 14,567 NEW WORLD SYSTEMS Other Assets CIP-Bonds 224207 14,506 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie View Liquor Store 224209 12,732 PRAIRIEVIEW RETAIL LLC Utilities Prairie View Liquor Store 1002599 12,561 DAY DISTRIBUTING Misc Taxable Den Road Liquor Store 224217 12,000 ROBERT C VOGEL Other Contracted Services Heritage Preservation 224096 11,485 WINE MERCHANTS INC Transportation Prairie Village Liquor Store 224247 11,358 WIRTZ BEVERAGE MINNESOTA BEER Beer Den Road Liquor Store 1002694 11,199 THORPE DISTRIBUTING Beer Den Road Liquor Store 224071 10,914 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 1002689 10,620 SENIOR COMMUNITY SERVICES Other Contracted Services Housing and Community Service 224119 10,500 BURNSVILLE,CITY OF Dues&Subscriptions City Council 224108 10,203 BARR ENGINEERING COMPANY Design&Engineering Storm Drainage 1002618 9,752 MCQUAY INTERNATIONAL Other Contracted Services Facilities Capital 1002625 9,337 PARROTT CONTRACTING INC Improvement Contracts Water Capital 224101 9,248 ACTIVE NETWORK INC,THE Software Maintenance IT Operating 224174 9,238 LAVAN FLOOR COVERING Contract Svcs-General Bldg Ice Arena Maintenance 224215 9,041 RICE LAKE CONSTRUCTION GROUP Other Contracted Services Water Treatment Plant 224227 8,413 SOUTHWEST SUBURBAN PUBLISHING- Advertising Prairie Village Liquor Store 224213 7,750 PROP Other Contracted Services Housing and Community Service 224184 7,579 MIDLAND GLASS CO Other Contracted Services Rehab 224103 7,437 AMERICAN ENGINEERING TESTING I Improvement Contracts Shady Oak Road/CR 61 NORTH 1002650 7,298 CERIDIAN Ceridian IT Operating 224036 6,934 GRAYMONT Treatment Chemicals Water Treatment Plant 224067 6,646 NORTHERN AIR CORPORATION Contract Svcs-HVAC Ice Arena Maintenance 224203 6,603 NORTHSHORE ADVISORS LLC Interest Investment Fund 224081 6,512 SPECTRACOM CORPORATION Capital Under$25,000 Public Safety Communications 224079 6,250 SOUTHDALE YMCA YOUTH DEVELOPME Other Contracted Services Housing and Community Service 1002687 6,250 RIGHTLINE DESIGN LLC Other Contracted Services Communications 224196 6,206 NATIONAL MARTIAL ARTS ASSOCIAT Instructor Service CC-Summer Skill Development 224134 5,968 CORNERHOUSE Other Contracted Services Police 1002665 5,940 HAWKINS INC Treatment Chemicals Water Treatment Plant 224011 5,917 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 224241 5,568 VISION INTERNET PROVIDERS INC Other Contracted Services Communications 224168 5,262 JJ TAYLOR DISTRIBUTING MINNESO Transportation Den Road Liquor Store 1002644 5,256 ADVANCED ENGINEERING&ENVIRON Design&Engineering Water Capital 1002596 5,081 CENTERPOINT ENERGY Gas Water Treatment Plant 224175 5,010 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 224202 4,924 NORTHLAND SYSTEMS INC Other Contracted Services IT Operating 224179 4,742 MARSDEN BLDG MAINTENANCE Building Repair&Maint. Water Treatment Plant 1002639 4,619 WENCK ASSOCIATES INC Other Contracted Services Storm Drainage 1002653 4,566 DAY DISTRIBUTING Beer Den Road Liquor Store 224075 4,506 PVS TECHNOLOGIES INC Treatment Chemicals Water Treatment Plant 224161 4,394 HOHENSTEINS INC Beer Den Road Liquor Store 1002664 4,317 HANSEN THORP PELLINEN OLSON Infrastructure-20 yr life General Fixed Asset Account Gr 224206 4,169 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store 224001 4,104 ABC HOME STORE.COM INC Operating Supplies Fire 1002640 4,000 WINE COMPANY,THE Transportation Den Road Liquor Store 224155 3,956 HENNEPIN COUNTY ACCOUNTS RECEI Board of Prisoner Police 1002593 3,782 BELLBOY CORPORATION Transportation Den Road Liquor Store 224076 3,525 QUICKWAY RIGGING&TRANSFER IN Contract Svcs-HVAC City Center Operations 224041 3,500 IND SCHOOL DISTRICT 272 Other Contracted Services Housing and Community Service 224149 3,326 GRAYMONT Treatment Chemicals Water Treatment Plant 224176 3,289 LEGACY GYMNASTICS Instructor Service Fall Skill Development 224232 3,250 TEENS ALONE Other Contracted Services Housing and Community Service 224249 3,176 YALE MECHANICAL INC Maintenance Contracts Water Treatment Plant 1002626 3,174 PAUL'S TWO-WAY RADIO Other Contracted Services Public Safety Communications 224159 3,049 HIGHWAY 5 BP Equipment Repair&Maint Police 1002667 3,008 LAWN RANGER,INC,THE Contract Svcs-Snow Removal City Hall-CAM 224208 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage Customer Service 1002648 2,957 CDW GOVERNMENT INC. Hardware Maintenance IT Operating 1002609 2,845 GRAINGER Equipment Repair&Maint Water Wells Check# Amount Vendor/Explanation Account Description Business Unit Explanation 1002638 2,839 VINOCOPIA Liquor Den Road Liquor Store 1002611 2,802 HAWKINS INC Treatment Chemicals Water Treatment Plant 224240 2,800 VERIZON WIRELESS Wireless Subscription IT Operating 224190 2,786 MINNESOTA SAFETY SERVICES LLC Instructor Service Pool Lessons 224245 2,660 WINE MERCHANTS INC Transportation Den Road Liquor Store 224094 2,633 US HEALTH WORKS MEDICAL GRP MN Health&Fitness Fire 1002597 2,608 CERIDIAN Ceridian IT Operating 1002691 2,600 STAR TRIBUNE MEDIA COMPANY LLC Employment Advertising Organizational Services 1002683 2,574 PROSOURCE SUPPLY Cleaning Supplies Fitness/Conference-Cmty Ctr 1002700 2,569 VINOCOPIA Transportation Den Road Liquor Store 1002600 2,432 ELECTRIC PUMP Equipment Repair&Maint Sewer Liftstation 224214 2,390 READY WATT ELECTRIC Equipment Repair&Maint Emergency Preparedness 224046 2,385 KEEPERS Clothing&Uniforms Police 1002645 2,292 A-SCAPE INC Contract Svcs-Snow Removal Fire Station#5 1002592 2,242 A-SCAPE INC Contract Svcs-Snow Removal Den Bldg.-CAM 1002675 2,123 MINNESOTA ATHLETIC APPAREL Clothing&Uniforms Emergency Preparedness 224150 2,105 GREEN TOUCH SYSTEMS Roads-Dust Control Gravel Roads Dust Control 224235 2,105 TRUCK UTILITIES MFG CO Equipment Repair&Maint Fleet Operating 1002646 2,045 BELLBOY CORPORATION Misc Taxable Den Road Liquor Store 224068 2,042 OLSEN'S EMBROIDERY/COMPANY Safety Supplies Fleet Operating 224220 1,943 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Storm Drainage 224141 1,925 EGAN-MCKAY ELECTRICAL CONTRACT Other Contracted Services Street Maintenance 1002704 1,886 WINE COMPANY,THE Transportation Prairie View Liquor Store 1002680 1,885 PAUL'S TWO-WAY RADIO Other Contracted Services Public Safety Communications 224165 1,820 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 1002612 1,820 ICC Conference Expense Inspections-Administration 1002628 1,779 POMP'S TIRE SERVICE INC Tires Fleet Operating 224083 1,767 SURLY BREWING CO Beer Den Road Liquor Store 224061 1,712 MINNESOTA PIPE AND EQUIPMENT* Equipment Parts Water System Maintenance 224118 1,710 BUREAU OF CRIMINAL APPREHENSIO Software Maintenance IT Operating 224062 1,660 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake 224088 1,598 TOTAL REGISTER Equipment Repair&Maint Den Road Liquor Store 224201 1,560 NORTHERN TIER RETAIL LLC Improvement Contracts Shady Oak Rd-CR 61 North 1002703 1,553 WENCK ASSOCIATES INC Other Contracted Services Storm Drainage 1002666 1,463 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 224140 1,435 EDINA,CITY OF Printing Therapeutic Rec Admin 1002669 1,425 LYNDALE PLANT SERVICES Contract Svcs-Garden Rm/Caf. City Hall-CAM 224152 1,398 HAMLINE UNIVERSITY Tuition Reimbursement/School Fire 224156 1,387 HENNEPIN COUNTY I/T DEPT Equipment Repair&Maint Public Safety Communications 224212 1,382 PROP United Way Withheld General Fund 1002658 1,371 EMERGENCY APPARATUS MAINTENANC Repair&Maint.Supplies Fire 1002636 1,356 USA MOBILITY WIRELESS INC Pager&Cell Phone IT Operating 1002659 1,337 FASTENAL COMPANY Small Tools Fleet Operating 1002676 1,212 M-K GRAPHICS Operating Supplies Finance 224180 1,200 MARTIN-MCALLISTER Employment Support Test Organizational Services 224239 1,133 US HEALTH WORKS MEDICAL GRP MN Employment Support Test Organizational Services 224089 1,127 TRANSPORT GRAPHICS Safety Supplies Fire 224045 1,121 KD KANOPY Operating Supplies Recreation Admin 224192 1,070 MN TRANSPORTATION ALLIANCE Dues&Subscriptions Engineering 4655 1,030 CERIDIAN Garnishment Withheld General Fund 224087 998 TOLL BROTHERS INC Cash Over/Short General Fund 224027 982 DEALER AUTOMOTIVE SERVICES INC Repair&Maint.Supplies Fire Check# Amount Vendor/Explanation Account Description Business Unit Explanation 224137 982 DEALER AUTOMOTIVE SERVICES INC Repair&Maint.Supplies Fire 1002598 943 CLAREY'S SAFETY EQUIPMENT Small Tools Fire 224048 925 LEAGUE MN CITIES INS TRUST Insurance WAFTA 1002602 924 EPCO CARBON DIOXIDE PRODUCTS I Treatment Chemicals Water Treatment Plant 224139 922 EDEN PRAIRIE CHAMBER OF COMMER Dues&Subscriptions City Council 224173 907 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Operating 224188 890 MINNESOTA CHIEFS OF POLICE ASS Tuition Reimbursement/School Police 1002702 882 WATSON CO INC,THE Merchandise for Resale Concessions 224185 832 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store 224018 800 CENTURY COLLEGE Tuition Reimbursement/School Fire 224106 799 ASPEN MILLS Clothing&Uniforms Fire 224013 757 BERG-JOHNSON ASSOCIATES INC Equipment Repair&Maint Water Treatment Plant 1002632 719 STREICHERS Operating Supplies Animal Control 1002604 719 FASTENAL COMPANY Repair&Maint.Supplies Water System Maintenance 224035 701 GRAPE BEGINNINGS Transportation Den Road Liquor Store 224238 697 UNITED WAY United Way Withheld General Fund 224169 685 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant 1002678 676 NEW WORLD SYSTEMS Capital Under$25,000 CIP-Bonds 224133 675 CONTINENTAL SAFETY EQUIPMENT Repair&Maint-Ice Rink Ice Arena Maintenance 224112 668 BERRY COFFEE COMPANY Merchandise for Resale Concessions 224231 666 SURLY BREWING CO Beer Prairie View Liquor Store 224060 660 MINNESOTA MUNICIPAL BEVERAGE A Conference Expense Den Road Liquor Store 224116 651 BMI GENERAL LICENSING Licenses,Permits,Taxes Arts 224181 634 MAXIMUM SOLUTIONS INC Software Maintenance IT Operating 224005 631 ANDERBERG INNOVATIVE PRINT SOL Printing Police 224182 627 MEDICINE LAKE TOURS Special Event Fees Trips 224120 621 CAMPBELL KNUTSON,P.A. Legal WAFTA 224172 600 KRAFT,MATTHEW E Other Contracted Services Winter Theatre 1002674 600 METRO ELEVATOR INC Contract Svcs-Elevator City Hall-CAM 224077 599 RUFFRIDGE JOHNSON EQUIPMENT CO Operating Supplies Street Maintenance 224178 576 MARSARS WATER RESCUE SYSTEMS I Small Tools Fire 1002637 574 VAN PAPER COMPANY C H Robinson-Cleaning Suppli City Hall-Direct Costs 4659 570 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 224131 569 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 1002595 559 CDW GOVERNMENT INC. Other Hardware IT Operating 224135 558 CUMMINS NORTH CENTRAL INC Equipment Repair&Maint Fire 1002617 545 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating 224233 543 THE OASIS GROUP Employee Assistance Organizational Services 224132 513 CONCRETE CUTTING&CORING INC Landscape Materials/Supp Street Maintenance 224015 510 BERRY COFFEE COMPANY Merchandise for Resale Concessions 224051 500 MCFOA Dues&Subscriptions Fire 224198 497 NEW PIG CORPORATION Repair&Maint.Supplies Water Treatment Plant 1002656 496 DMX MUSIC Other Contracted Services Den Road Liquor Store 224205 496 OXYGEN SERVICE COMPANY Equipment Repair&Maint Fire 1002606 480 FLEETPRIDE INC Equipment Parts Fleet Operating 224059 475 MINNESOTA DEPT OF PUBLIC SAFET Office Supplies Customer Service 224030 464 EDEN PRAIRIE NOON ROTARY CLUB Miscellaneous Police 1002662 463 GRAINGER Supplies-General Bldg Fitness/Conference-Cmty Ctr 1002692 462 STREICHERS Clothing&Uniforms Animal Control 224002 462 AMAZING ATHLETES OF SOUTHWEST Instructor Service CC-Preschool Events 224056 450 MINNESOTA CHIEFS OF POLICE ASS Dues&Subscriptions Police 224086 450 THREE RIVERS PARK DISTRICT Other Contracted Services Environmental Education Check# Amount Vendor/Explanation Account Description Business Unit Explanation 224147 440 GE CAPITAL Other Rentals IT Operating 224114 438 BIFFS INC Waste Disposal Park Maintenance 224194 435 MRA-THE MANAGEMENT ASSOCIATION Other Contracted Services Organizational Services 1002660 432 G&K SERVICES Clothing&Uniforms Facilities Staff 1002589 430 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Riley House 224023 428 COMCAST Cable TV Fire 224078 409 SHAMROCK GROUP,INC-ACE ICE Transportation Den Road Liquor Store 224006 400 ARM OF MINNESOTA Conference Expense Engineering 224244 400 WELLS FARGO BANK MINNESOTA NA Paying Agent G.O.Improvement Bonds 2006A 224085 399 THERMASTOR PRODUCTS GROUP Equipment Repair&Maint Water Treatment Plant 224020 385 CENTURYLINK Capital Under$25,000 E-911 Program 1002686 384 RCM&ASSOCIATES Operating Supplies IT Telephone 224111 380 BERNICK'S WINE Misc Non-Taxable Prairie View Liquor Store 224022 377 COMCAST Cable TV Fire 224034 376 GE CAPITAL Other Rentals IT Operating 1002624 371 PARALLEL TECHNOLOGIES INC Equipment Repair&Maint Public Safety Communications 224024 360 COMCAST Cable TV Fire 224093 360 UNIVERSITY OF MINNESOTA Conference Expense Engineering 224142 360 FALK&ASSOCIATES Conference Expense IT Operating 1002590 360 AHO,BRAD Travel Expense City Council 224052 357 MENARDS Repair&Maint.Supplies Water Treatment Plant 224124 356 CBIZ FINANCIAL SOLUTIONS INC Other Contracted Services Organizational Services 1002601 352 EMERGENCY APPARATUS MAINTENANC Equipment Repair&Maint Fire 224025 350 COMCAST Cable TV Fire 224028 350 DIETHELM,TAMMY L Other Contracted Services Pleasant Hill Cemetery 224225 350 SOUNDS GREAT Instructor Service Special Initiatives 1002594 339 BUCHANAN,KURT Operating Supplies Fire 224003 337 AMERICAN BOTTLING COMPANY,THE Misc Taxable Den Road Liquor Store 224014 335 BERNICK'S WINE Misc Non-Taxable Den Road Liquor Store 224050 333 MASTER CRAFT LABELS INC Operating Supplies Prairie Village Liquor Store 224047 330 LAW ENFORCEMENT OPPORTUNITIES Operating Supplies Police 1002631 323 SPRINT Computers IT Operating 224162 309 HOME DEPOT CREDIT SERVICES Supplies-General Bldg Arts Center 1002661 302 GINA MARIAS INC Operating Supplies Fire 224125 300 CENTURYLINK Telephone E-911 Program 4662 300 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 224058 300 MINNESOTA DEPT OF LABOR AND IN Licenses&Taxes Water Treatment Plant 224236 300 TRUE FABRICATIONS Misc Taxable Den Road Liquor Store 1002629 299 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1002699 282 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 1002623 281 OSI BATTERIES INC Equipment Repair&Maint Police 224091 280 UNIVERSITY OF MINNESOTA Conference Expense Engineering 224012 279 BEARING INDUSTRIAL&SUPPLIES Equipment Repair&Maint Water Treatment Plant 1002679 278 PARK SUPPLY OF AMERICA INC Supplies-Plumbing Fitness/Conference-Cmty Ctr 224186 278 MILIO'S SANDWICHES Merchandise for Resale Concessions 1002657 276 EDEN PRAIRIE FIREFIGHTER'S REL Union Dues Withheld General Fund 1002614 274 KIDS TEAM TENNIS LLC Instructor Service CC-Tennis 224143 267 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 1002670 267 MATHESON TRI-GAS INC Equipment Parts Fleet Operating 224113 265 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 224199 260 NORTH STAR PUMP SERVICE Equipment Repair&Maint Sewer Liftstation 224049 257 LIFT BRIDGE BREWERY Beer Den Road Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 224026 250 COMMISSIONER OF REVENUE Licenses&Taxes Park Maintenance 224054 250 MID-STATES ORGANIZED CRIME INF Dues&Subscriptions Police 224066 250 MSSA Dues&Subscriptions Street Maintenance 224110 250 BCA/CRIMINAL JUSTICE TRAINING Tuition Reimbursement/School Police 1002684 248 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1002672 245 MCQUAY INTERNATIONAL Contract Svcs-HVAC City Hall-CAM 224044 243 JOHNSON,DARRELL Accounts Receivable Health and Benefits 1002615 242 KUSTOM SIGNALS INC Equipment Repair&Maint Police 224210 240 PREMIUM WATERS INC Supplies-General Bldg Fitness/Conference-Cmty Ctr 224144 236 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 1002622 231 O'REILLY AUTOMOTIVE INC Equipment Parts Fleet Operating 1002651 231 CLAREY'S SAFETY EQUIPMENT Small Tools Fire 224084 227 TEMPCO SYSTEMS Supplies-HVAC 3rd Sheet of Ice 224221 220 SIGNSOURCE Other Contracted Services Rehab 224228 220 STAPLES ADVANTAGE Office Supplies Customer Service 224160 216 HIRSHFIELD'S Repair&Maint.Supplies Water Treatment Plant 224019 211 CENTURYLINK Telephone IT Telephone 224021 207 COMCAST Wireless Subscription IT Operating 224183 207 MENARDS Repair&Maint.Supplies Water Distribution 224008 200 ASSOCIATION OF TRAINING OFFICE Dues&Subscriptions Police 224170 199 JOHN'S SEWER&DRAIN CLEANING Contract Svcs-Garden Rm/Caf. City Hall-CAM 1002654 198 DE LAGE LANDEN FINANCIAL SERVI Other Rentals IT Operating 1002647 197 BROWN,PAUL Mileage&Parking Park Facilities 224148 193 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations-General 224130 192 COMCAST Operating Supplies Fire 224007 189 ASPEN MILLS Clothing&Uniforms Public Safety Communications 224109 183 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 224211 175 PRISMA LLC Tuition Reimbursement/School Fire 224115 171 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-Security Park Shelters 224127 170 COMCAST Operating Supplies Fire 1002634 168 TESSCO INC Equipment Repair&Maint Public Safety Communications 224004 164 AMERIPRIDE LINEN&APPAREL SER Janitor Service Den Road Liquor Store 224053 164 METRO FIRE Repair&Maint.Supplies Fire 224128 161 COMCAST Operating Supplies Fire 224129 161 COMCAST Operating Supplies Fire 1002688 160 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Operating 224074 159 PRINT SOURCE MINNESOTA Advertising Prairie Village Liquor Store 224038 159 HENNEPIN COUNTY TREASURER Licenses,Permits,Taxes Senior Center Programs 224070 153 PARLEY LAKE WINERY Wine Domestic Den Road Liquor Store 224092 150 UNIVERSITY OF MINNESOTA Conference Expense Engineering 224197 150 NATIONAL PUBLIC EMPLOYER LABOR Dues&Subscriptions Human Resources 224204 150 ORION SYSTEMS Other Contracted Services Police 1002698 150 USA SECURITY Maintenance Contracts Water Treatment Plant 224082 146 SPRING LAKE PARK FIRE DEPT INC Tuition Reimbursement/School Fire 224099 144 440400-NCPERS MINNESOTA PERA Health and Benefits 224122 142 CASCADE SUBSCRIPTION SERVICE I Dues&Subscriptions Fire 1002693 141 TEE JAY NORTH INC Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr 224033 139 FLAHERTYS HAPPY TYME COMPANY Misc Taxable Den Road Liquor Store 224189 138 MINNESOTA CONWAY Operating Supplies Fire 1002613 137 JASON'S DELI Operating Supplies Police 224153 135 HD SUPPLY WATERWORKS LTD Equipment Repair&Maint Water Treatment Plant 224065 135 MPX GROUP,THE Printing Police Check# Amount Vendor/Explanation Account Description Business Unit Explanation 1002621 134 NEWTON,J.RANDALL Mileage&Parking Engineering 1002591 133 AJITAPRASAD,BEENA Mileage&Parking Community Center Admin 1002633 130 TEE JAY NORTH INC Supplies-General Bldg Fitness/Conference-Cmty Ctr 224216 129 RICHARDSON,JIM Canine Supplies Police 224200 128 NORTHERN AIR CORPORATION Contract Svcs-Plumbing City Hall-CAM 224177 127 LIFT BRIDGE BREWERY Beer Den Road Liquor Store 224039 125 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 224230 123 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 224117 122 BOURGET IMPORTS Transportation Prairie View Liquor Store 224242 121 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 224222 116 SIGNSOURCE Operating Supplies Prairie View Liquor Store 224223 116 SIGNSOURCE Operating Supplies Den Road Liquor Store 224224 116 SIGNSOURCE Operating Supplies Prairie Village Liquor Store 1002616 115 LAWN RANGER,INC,THE Contract Svcs-Snow Removal City Hall-CAM 224187 114 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 224040 112 IND SCHOOL DIST 272 Building Rental Community Band 224105 110 AMERIPRIDE LINEN&APPAREL SER Janitor Service Den Road Liquor Store 224145 110 FRONTIER PRECISION INC Operating Supplies Engineering 224010 109 BATTERIES PLUS Supplies-Electrical Prairie View Liquor Store 1002681 108 PRINTERS SERVICE INC Repair&Maint-Ice Rink Ice Arena Maintenance 224009 107 AT&T MOBILITY Pager&Cell Phone Water System Maintenance 1002677 106 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 1002643 102 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Outdoor Center Facilities 224069 101 OXYGEN SERVICE COMPANY Operating Supplies Fire 1002603 101 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 1002608 97 GRAFIX SHOPPE Equipment Repair&Maint Fleet Operating 224029 96 DIRECTV Cable TV Community Center Admin 224102 95 AFFILIATED EMERGENCY VETERINAR Other Contracted Services Animal Control 224234 93 TKO WINES,INC Wine Imported Prairie View Liquor Store 224055 90 MINNESOTA BD OF PEACE OFFICER Dues&Subscriptions Police 224219 87 SHAMROCK GROUP,INC-ACE ICE Transportation Den Road Liquor Store 224193 86 MORGAN CREEK VINEYARDS Wine Domestic Den Road Liquor Store 224017 85 CAMERON,PAT Deposits-P&R Refunds Community Center Admin 224057 81 MINNESOTA CONWAY Equipment Repair&Maint Fire 1002630 77 SHRED-IT USA MINNEAPOLIS Waste Disposal City Center Operations 224095 75 WASHINGTON COUNTY SHERIFF'S OF Tuition Reimbursement/School Police 224248 70 WORLD CLASS WINES INC Transportation Den Road Liquor Store 1002695 69 TOLL GAS AND WELDING SUPPLY Small Tools Fleet Operating 224151 57 GS DIRECT Operating Supplies Engineering 224104 54 AMERICAN RED CROSS Licenses,Permits,Taxes,Fees Pool Lessons 1002607 50 GINA MARIAS INC Operating Supplies Reserves 224064 50 MPPOA Dues&Subscriptions Police 224166 50 J H LARSON COMPANY Supplies-Electrical Public Works/Parks 224138 48 DIRECTV Other Contracted Services Police 1002697 48 UPS Printing Communications 224157 46 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 224146 45 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant 1002605 43 FASTSIGNS Operating Supplies Concessions 224243 42 WAYTEK INC Equipment Parts Fleet Operating 224073 42 PINNACLE DISTRIBUTING Misc Taxable Den Road Liquor Store 1002696 42 TRI COUNTY BEVERAGE&SUPPLY Misc Taxable Prairie View Liquor Store 1002673 37 MENARDS Repair&Maint.Supplies Water Treatment Plant Check# Amount Vendor/Explanation Account Description Business Unit Explanation 224090 36 TSAI,JANE Deposits-P&R Refunds Community Center Admin 224158 35 HENNEPIN HISTORY MUSEUM Dues&Subscriptions Planning 224032 33 FIRE SAFETY USA INC Repair&Maint.Supplies Fire 1002682 33 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Operating 224136 33 DALE GREEN COMPANY,THE Landscape Materials/Supp Park Maintenance 1002652 32 CUSTOM HOSE TECH Equipment Parts Fleet Operating 224218 30 ROSS,KENNETH Deposits Community Center Admin 224237 30 UNITED FIREFIGHTERS ASSN Dues&Subscriptions Fire 1002706 29 ZIEGLER INC Equipment Parts Fleet Operating 224107 23 AT&T MOBILITY Pager&Cell Phone Park Maintenance 224031 21 EDEN PRAIRIE SCHOOL Operating Supplies Internal Events 224163 15 IIMC Dues&Subscriptions City Clerk 224195 12 MULTIHOUSING CREDIT CONTROL Other Contracted Services Police 1002685 11 QUICKSILVER EXPRESS COURIER Other Contracted Services Communications 224191 9 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods 224123 9 CAWLEY COMPANY,THE Clothing&Uniforms Prairie Village Liquor Store 224126 2 COMCAST Other Contracted Services Police 3,251,371 Grand Total City of Eden Prairie Purchasing Card Payment Report December 2012 Amount Explanation Vendor Account Description Business Unit 34 US-map holder-outdoor ctr MENARDS Building Materials Park Maintenance 17 US-stock/leak HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water System Maintenance 360 US-gloves OLSEN CHAIN&CABLE Clothing&Uniforms Utility Operations-General 55 US-measuring wheel MENARDS Small Tools Storm Drainage 103 US-table-water plant MENARDS Operating Supplies Utility Operations-General -180 US-credit-gloves OLSEN CHAIN&CABLE Clothing&Uniforms Utility Operations-General 2,320 US-training MINNESOTA POLLUTION CONTROL AG Conference Expense Storm Drainage 2,268 US-pontoon R&R MARINE INC Equipment Repair&Maint Park Maintenance 28 US-pontoon MENARDS Equipment Repair&Maint Park Maintenance 252 US-mobile phone hardware SPRINT STORE Operating Supplies Communications 107 US-#290 BEST BUY Equipment Parts Fleet Operating 45 US-vitalchek MINNESOTA STATE PATROL Licenses,Permits,Taxes,Fees Fleet Operating 260 US-Café food WALMART COMMUNITY Merchandise for Resale Concessions 95 US-Café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 20 US-Café food WALMART COMMUNITY Merchandise for Resale Concessions 51 US-Café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 204 US-Café food WALMART COMMUNITY Merchandise for Resale Concessions 252 US-Café food WALMART COMMUNITY Merchandise for Resale Concessions 2 US-Café food WALMART COMMUNITY Merchandise for Resale Concessions 15 US-Café food RAINBOW FOODS INC. Merchandise for Resale Concessions 32 US-Café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 12 US-Café food WALMART COMMUNITY Merchandise for Resale Concessions 268 US-Café food WALMART COMMUNITY Merchandise for Resale Concessions 541 US-recognition lunch BEARPATH GOLF AND COUNTRY CLUB Operating Supplies Internal Events 34 US-woodshop lathe parts PENN STATE Operating Supplies Senior Center Admin 1,506 US-holiday lunch KOWALSKI'S MARKET Special Event Fees Senior Center Programs 4 US-creamer WALMART COMMUNITY Operating Supplies Senior Board 3 US-napkins DOLLAR TREE STORES,INC. Operating Supplies Senior Board 4 US-pop WALMART COMMUNITY Operating Supplies Senior Center Admin 193 US-radio/ipod player BEST BUY Operating Supplies Senior Center Admin 31 US-kitchen supplies US FOOD CULINARY EQUIPMENT&S Operating Supplies Senior Board 21 US-ipod radio BEST BUY Operating Supplies Senior Center Admin 436 US-picnic tables SHERWIN WILLIAMS CO Operating Supplies Park Maintenance 13 US-tools for signs HOME DEPOT CREDIT SERVICES Small Tools Park Maintenance 351 US-picnic tables MENARDS Repair&Maint.Supplies Park Maintenance 107 US-picnic tables MENARDS Operating Supplies Park Maintenance 64 US-project mgmt software PODIO INC Software IT Operating 120 US-printer for sonja HP HOME STORE Office Supplies Police 1,476 US-ipads for dispatch BEST BUY Computers IT Operating 2,285 US-Laptop for forensics BEST BUY Computers IT Operating 60 US-kvm for liquor NEWEGG.COM Computers Prairie Village Liquor Store 571 US-study guides AMERICAN WATER WORKS ASSOCIATI Training Supplies Utility Operations-General 94 US-Table covers PARTY CITY Operating Supplies Utility Operations-General 67 US-xmas party/kitchen supplies MENARDS Office Supplies Utility Operations-General 35 US-kitchen supplies TARGET Office Supplies Utility Operations-General 15 US-license renewal MINNESOTA DEPARTMENT OF AGRICU Licenses,Permits,Taxes,Fees Park Maintenance 124 US-pesticide recertification MINNESOTA NURSERY&LANDSCAPE Licenses,Permits,Taxes,Fees Park Maintenance Amount Explanation Vendor Account Description Business Unit 5 US-power washer repair MENARDS Equipment Repair&Maint Water Treatment Plant 99 US-tree inspector recert MN NURSERY&LANDSCAPE Conference Expense Tree Disease 65 US-tree inspector recert MN NURSERY&LANDSCAPE Conference Expense Tree Disease 83 US-park maint training MN SOCIETY OF ARBORICULTURE Operating Supplies Park Maintenance 60 US-Tree bark protectors PLANTRA INC Landscape Materials/Supp Reforestation 120 US-registration-Schaitberger UNIVERSITY OF MINNESOTA Tuition Reimbursement/School Fire 399 US-registration-Schaitberger INTERNATIONAL CODE COUNCIL Tuition Reimbursement/School Fire 70 US-basic emt-w zafft NATIONAL REGISTRY OF EMTS Employment Support Test Fire 386 US-luncheon FAMOUS DAVE'S Miscellaneous Street Maintenance 21 US-wall file-snow eoc room OFFICE DEPOT CREDIT PLAN Operating Supplies Street Maintenance 13 US-snow eoc room MENARDS Operating Supplies Street Maintenance 57 US-Café food WALMART COMMUNITY Merchandise for Resale Concessions 44 US-Café food WALMART COMMUNITY Merchandise for Resale Concessions 69 US-calendars CALENDARS Office Supplies Water Treatment Plant 25 US-s borg boiler license renew DEPT OF LABOR&INDUSTRY Licenses,Permits,Taxes,Fees Water Treatment Plant 100 US-lime residual analysis UNIVERSITY OF MINNESOTA Testing-Soil Boring Water Treatment Plant 219 US-plaque of mechanics IN THE NEWS INC Office Supplies Water Treatment Plant 280 US-safety videos NEXSTEP Safety Supplies Water Treatment Plant 15 US-facilities shipment UNITED STATES POSTAL SERVICE Equipment Parts Fitness/Conference-Cmty Ctr 21 US-supplies WALGREEN'S#5080 Operating Supplies Community Center Admin 15 US-pesticide spray license MINNESOTA DEPARTMENT OF AGRICU Licenses,Permits,Taxes,Fees Park Maintenance 222 US-conf ernst bourne agness MN NURSERY&LANDSCAPE Conference Expense Park Maintenance 16 US-blue card KOWALSKI'S MARKET Operating Supplies Fire 12 US-blue card BRUEGGERS BAGEL Operating Supplies Fire 14 US-blue card KOWALSKI'S MARKET Operating Supplies Fire 53 US-commander meeting CHIPOTLE Operating Supplies Fire 80 US-commander meeting WILDFIRE Operating Supplies Fire 5 US-postage for FCAAC packet BYERLYS Operating Supplies Fire 150 US-computer forensic supplies MICRO CENTER A/R Miscellaneous IT Operating 71 US-operating supplies MICRO CENTER A/R Operating Supplies Police 34 US-inadvertent personal use HOLIDAY STATION STORES INC Deposits Escrow 13 US-welding cord MENARDS Equipment Parts Park Maintenance 15 US-pesticide applicator MINNESOTA DEPARTMENT OF AGRICU Licenses,Permits,Taxes,Fees Park Maintenance 29 US-shop MENARDS Operating Supplies Park Maintenance 24 US-inadvertent personal use US BANK Deposits Escrow 23 US-shop MENARDS Operating Supplies Park Maintenance 11 US-steves welder MENARDS Equipment Repair&Maint Park Maintenance 12 US-woodshop MENARDS Operating Supplies Park Maintenance 14 US-irrigation-RPZ flushing MENARDS Operating Supplies Park Maintenance 16 US-shop tool SEARS EDEN PRAIRIE Small Tools Park Maintenance 52 US-wood shop tools HOME DEPOT CREDIT SERVICES Small Tools Park Maintenance 3 US-lk aerators MENARDS Operating Supplies Park Maintenance 130 US-park sign storage MENARDS Building Materials Park Maintenance 40 US-fuel for rental unit SUPERAMERICA Operating Supplies Street Maintenance 58 US-gaskets for feeder equip SPARLING INSTRUMENTS LLC Equipment Repair&Maint Water Treatment Plant -11 US-gaskets for feeder equip SPARLING INSTRUMENTS LLC Equipment Repair&Maint Water Treatment Plant 241 US-assembley MCCROMETER Equipment Repair&Maint Water Wells 6 US-VLI development wkshp MPLSPARKING.COM Mileage&Parking Community Development Admin. 429 US-cots GANDER MOUNTAIN Safety Supplies Fleet Operating 186 US-Truck cylinder LEDWELL&SON ENTERPRISES Equipment Parts Fleet Operating 219 US-Membership dues NORTHSTAR CHAPTER AMERICAN PAY Dues&Subscriptions Human Resources Amount Explanation Vendor Account Description Business Unit 515 US-orientation video SOCIETY FOR HUMAN RESOURCE MAN Training Supplies Organizational Services 175 US-Membership dues MERSC Dues&Subscriptions Organizational Services 4,104 US-rollaway beds ABC HOME STORE.COM INC Operating Supplies Fire 46 US-radio equip repair ALLIED ELECTRONICS INC Repair&Maint.Supplies Public Safety Communications 148 US-polybags ULINE Operating Supplies Fire 59 US-standby crew snacks PDQ DELI MART Operating Supplies Fire 252 US-dinner for standby crew RUBY TUESDAY Operating Supplies Fire 114 US-office toy for children TARGET Miscellaneous Housing and Community Service 97 US-citizen class materials NEW READERS PRESS Software Housing and Community Service 15 US-training-tiffany GOVERNMENT FINANCE OFFICERS AS Conference Expense Finance 38 US-UB online processing PAYPAL INC Bank and Service Charges Utility Operations-General 20 US-ePermit web security PAYPAL INC Equipment Repair&Maint IT Operating 40 US-UB recurring cc PAYPAL INC Bank and Service Charges Utility Operations-General 114 US-EP read books AMAZON.COM Deposits Escrow 243 US-EP read books AMAZON.COM Deposits Escrow 2,406 US-Nov12 Bldg Surchgs DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 1,278 US-Nov12 Bldg Surchgs DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund 1,875 US-Nov12 Bldg Surchgs DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund -111 US-Nov12 Bldg Surchgs DEPT OF LABOR&INDUSTRY Other Revenue General Fund 14 US-Café food FRESH SEASONS MARKET Merchandise for Resale Concessions 5 US-pickleball award CARIBOU COFFEE Operating Supplies Gymnasium(CC) 20 US-pickleball award CARIBOU COFFEE Operating Supplies Gymnasium(CC) 77 US-Café food WALMART COMMUNITY Merchandise for Resale Concessions 7 US-Café food TRADER JOES Merchandise for Resale Concessions 8 US-Café food WALMART COMMUNITY Merchandise for Resale Concessions 36 US-Café food KOWALSKI'S MARKET Merchandise for Resale Concessions 6 US-Café food WALMART COMMUNITY Merchandise for Resale Concessions 20 US-pickleball award CARIBOU COFFEE Operating Supplies Gymnasium(CC) 3 US-spray paint for banner HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Ice Rink#1 23 US-Café food RAINBOW FOODS INC. Merchandise for Resale Concessions 24 US-Café food WALMART COMMUNITY Merchandise for Resale Concessions 61 US-Café food WALMART COMMUNITY Merchandise for Resale Concessions 22 US-Café food WALMART COMMUNITY Merchandise for Resale Concessions 30 US-Café food RAINBOW FOODS INC. Merchandise for Resale Concessions 6 US-Café food HOLIDAY STATION STORES INC Merchandise for Resale Concessions 16 US-Café food WALMART COMMUNITY Merchandise for Resale Concessions 35 US-Café food RAINBOW FOODS INC. Merchandise for Resale Concessions 40 US-twinwest event TWINWEST Conference Expense Economic Development 135 US-legislative priorities dinn MINNESOTA CHAMBER OF COMMERCE Conference Expense Economic Development 268 US-cell phone case SPRINT STORE Operating Supplies Communications 18 US-for meeting CUB FOODS EDEN PRAIRIE Operating Supplies Fire 80 US-shelving NATIONWIDE INDUSTRY SUPPLY Office Supplies Water Treatment Plant 99 US-storage boxes MENARDS Operating Supplies Utility Operations-General 73 US-sunshine fund N Eichman FLORIST ONE Deposits Escrow 50 US-sunshine fund a zilka BACHMANS CREDIT DEPT Deposits Escrow 108 US-sunshine fund s wenzel BACHMANS CREDIT DEPT Deposits Escrow 60 US-sunshine fund a kalligher BACHMANS CREDIT DEPT Deposits Escrow 40 US-heater HOME DEPOT CREDIT SERVICES Office Supplies Aquatics&Fitness Admin 81 US-bandages ZEE MEDICAL SERVICE Safety Supplies Pool Lessons 55 US-supplies OFFICEMAX CREDIT PLAN Office Supplies Aquatics&Fitness Admin 56 US-bobcat filters LANO EQUIPMENT INC Equipment Parts Storm Drainage Amount Explanation Vendor Account Description Business Unit 295 US-water cart for plants NORTHERN TOOL&EQUIPMENT Office Supplies Utility Operations-General 15 US-water cart NAPA AUTO PARTS Office Supplies Utility Operations-General 22 US-water cart MENARDS Office Supplies Utility Operations-General 85 US-barricades MENARDS Repair&Maint.Supplies Storm Drainage 9 US-barricades HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Storm Drainage 54 US-drill bit sharpener MENARDS Repair&Maint.Supplies Sewer System Maintenance 320 US-tools for shop HOME DEPOT CREDIT SERVICES Small Tools Sewer System Maintenance 13 US-barricades MENARDS Repair&Maint.Supplies Sewer System Maintenance 7 US-hose NAPA AUTO PARTS Repair&Maint.Supplies Sewer System Maintenance 20 US-drill bits HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Sewer System Maintenance 8 US-belt NAPA AUTO PARTS Repair&Maint.Supplies Sewer System Maintenance 1,347 US-cert equip PROPAC INC Equipment Parts Emergency Preparedness 67 US-exercise equip BATTERIES PLUS Repair&Maint.Supplies Utility Operations-General 36 US-lube for exercise equip FREESHEEL BIKE Repair&Maint.Supplies Utility Operations-General 61 US-shop supplies MENARDS Repair&Maint.Supplies Storm Drainage 139 US-tote box for truck NORTHERN TOOL&EQUIPMENT Repair&Maint.Supplies Sewer System Maintenance 103 US-side boards MENARDS Equipment Parts Sewer Utility-General 138 US-caulk MENARDS Repair&Maint.Supplies Storm Drainage 33 US-caulk MENARDS Repair&Maint.Supplies Storm Drainage 276 US-ITE dues INSTITUTE OF TRANSPORTATION EN Dues&Subscriptions Engineering 50 US-vending food WALMART COMMUNITY Merchandise for Resale Concessions 65 US-Café food TARGET Merchandise for Resale Concessions 61 US-vending food WALMART COMMUNITY Merchandise for Resale Concessions 198 US-vending supplies SPORTS WORLD USA INC Merchandise for Resale Concessions 9 US-equip repair of two wheel c HOME DEPOT CREDIT SERVICES Equipment Repair&Maint Park Maintenance 99 US-Green Expo MINNESOTA NURSERY&LANDSCAPE Operating Supplies Park Maintenance 190 US-equipment A.M.LEONARD Operating Supplies Park Maintenance 14 US-reserve calendar CALENDAR WIZ Operating Supplies Reserves 117 US-office supplies OFFICEMAX CREDIT PLAN Office Supplies Fire 16 US-office supplies OFFICEMAX CREDIT PLAN Office Supplies Fire 19 US-office supplies MICHAELS-THE ARTS&CRAFTS S Office Supplies Fire 32 US-training supplies GANDER MOUNTAIN Training Supplies Fire 21 US-bolts MENARDS Repair&Maint.Supplies Storm Drainage 15 US-weaving class supplies BLICK ART MATERIALS Operating Supplies Arts Center 252 US-2012 MN Statutes MINNESOTA'S BOOKSTORE Dues&Subscriptions Assessing 38 US-moss site HOME DEPOT CREDIT SERVICES Operating Supplies Traffic Signals 30 US-supplies for cleaning truck HOME DEPOT CREDIT SERVICES Operating Supplies Traffic Signals 25 US-screws for benches MENARDS Building Materials Park Maintenance 82 US-Critter food PETCO Operating Supplies Outdoor Center 12 US-Critter food PETCO Operating Supplies Outdoor Center 50 US-Critter food PETCO Operating Supplies Outdoor Center 18 US-Critter food PETCO Operating Supplies Outdoor Center 189 US-Food for plow drivers GINA MARIAS INC Operating Supplies Street Maintenance 52 US-tie down round lake unbrell MENARDS Operating Supplies Park Maintenance 66 US-Fraud-M Vandenberghe US BANK Deposits Escrow 51 US-Fraud-M Vandenberghe US BANK Deposits Escrow 50 US-Fraud-M Vandenberghe US BANK Deposits Escrow 28 US-Station 4 camera MY CABLE MART Equipment Repair&Maint Public Safety Communications 27 US-Station 4 camera MY CABLE MART Equipment Repair&Maint Public Safety Communications 500 US-Fraud-M Vandenberghe US BANK Deposits Escrow 17 US-Fraud-M Vandenberghe US BANK Deposits Escrow Amount Explanation Vendor Account Description Business Unit 17 US-Fraud-M Vandenberghe US BANK Deposits Escrow 17 US-Fraud-M Vandenberghe US BANK Deposits Escrow 17 US-Fraud-M Vandenberghe US BANK Deposits Escrow 17 US-Fraud-M Vandenberghe US BANK Deposits Escrow 20 US-Fraud-M Vandenberghe US BANK Deposits Escrow 32 US-Fraud-M Vandenberghe US BANK Deposits Escrow 20 US-Fraud-M Vandenberghe US BANK Deposits Escrow 17 US-Fraud-M Vandenberghe US BANK Deposits Escrow 20 US-Fraud-M Vandenberghe US BANK Deposits Escrow 133 US-Fraud-M Vandenberghe US BANK Deposits Escrow 102 US-Fraud-M Vandenberghe US BANK Deposits Escrow 20 US-Fraud-M Vandenberghe US BANK Deposits Escrow 1,000 US-gift cards for adult league GREEN MILL Awards Athletic Programs Admin 1,479 US-MRPA sanctioning fees volle MINNESOTA RECREATION&PARK AS Special Event Fees Volleyball 170 US-sanctioning fees basketball MINNESOTA RECREATION&PARK AS Special Event Fees Basketball 685 US-ERU training-J Biggar NATIONAL TACTICAL OFFICERS ASS Tuition Reimbursement/School Police 38 US-winter break trips WALMART COMMUNITY Operating Supplies Special Events&Trips 405 US-sesame street live TARGET Special Event Fees Community Center Admin 31 US-program and camp supplies AUTISM SHOP Operating Supplies Therapeutic Rec Admin 92 US-sat night out pizza DAVANNI'S PIZZA Operating Supplies Saturday Night Out 8 US-club 204 supplies TARGET Operating Supplies CC-New Adaptive 31 US-club 204 supplies TARGET Operating Supplies CC-New Adaptive 88 US-battery packs for group fit AV NOW,INC Operating Supplies Fitness Classes 250 US-monthly licensing fee SCW FITNESS Licenses,Permits,Taxes,Fees Fitness Classes 100 US-HDMI cables MY CABLE MART Computers IT Operating 169 US-Membership dues PROJECT MGMT INSTITUTE Conference Expense IT Operating 29 US-decorations MENARDS Repair&Maint.Supplies Utility Operations-General 40 US-decorations MENARDS Repair&Maint.Supplies Utility Operations-General 46 US-traffic light batteries BATTERIES PLUS Repair&Maint.Supplies Storm Drainage 114 US-traffic light batteries BATTERIES PLUS Repair&Maint.Supplies Storm Drainage 28 US-strap MENARDS Repair&Maint.Supplies Sewer System Maintenance 89 US-sawhorse table MENARDS Repair&Maint.Supplies Storm Drainage 42,878 Report Total