Loading...
HomeMy WebLinkAboutCity Council - 10/15/2013 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, OCTOBER 15, 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. SOUTHWEST LRT Open Podium - Council Chamber II. OPEN PODIUM III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 15, 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 A. PROCLAMATION RECOGNIZING THE 50TH ANNIVERSARY OF THE EDEN PRAIRIE EAGLES HIGH SCHOOL MARCHING BAND V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 1, 2013 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 1,2013 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION APPROVING FINAL PLAT OF CITY WEST CORPORATE 2ND ADDITION C. UNITED HEALTH GROUP 2013 AMENDMENT by United Health Services, Inc. Second Reading of the Ordinance for Planned Unit District Review and Zoning District Amendment within the Office Zoning District on 71 acres. Location: 11155 62nd St W. (Ordinance for PUD District Review and Zoning District Amendment) D. PEOPLE'S ORGANIC COFFEE &WINE BAR by WCL Associates. Second Reading of the Ordinance for Planned Unit District Review with waivers and Zoning District Amendment within the Commercial Regional Service Zoning District on 1.25 acres and Resolution for Site Plan Review on 1.25 acres. Location: Corner of Prairie Center Drive & Valley View Road. (Ordinance for PUD District Review and Zoning District Amendment,Resolution for Site Plan Review) CITY COUNCIL AGENDA October 15, 2013 Page 2 E. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR OLYMPIC HILLS GOLF COURSE STORMWATER IMPROVEMENT PROJECT F. AWARD CONTRACT TO EUELL'S MANUFACTURING CO. INC. FOR PURCHASE OF MATERIALS FOR RECONSTRUCTION OF 168TH AVENUE RETAINING WALL G. APPROVE APPRAISED VALUES FOR SHADY OAK ROAD SOUTH ACQUISITIONS H. APPROVE THE UPDATED CAPITAL ASSET POLICY I. APPROVE LETTER OF AGREEMENT WITH HEALTHPARTNERS FOR EMPLOYEE HEALTH INSURANCE J. APPROVE AGREEMENT WITH COMPASS CONSULTING FOR PHASE 2 SERVICES FOR EXPANSION OF THE FIBER OPTIC NETWORK TO CITY REMOTE SITES IX. PUBLIC HEARINGS/MEETINGS A. RESOLUTION APPROVING ALL SPECIAL ASSESSMENTS PRESENTED IN THE FALL OF 2013 B. RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS AS DEDICATED IN PLAT OF LOTS 3 AND 4, BLOCK 2, CEDAR HILLS WEST C. ST. ANDREW HAVEN by J. David Management, LLC. Request for Planned Unit Development Concept Review on 1.716 acres, Planned Unit District Review with waivers on 1.716 acres, Zoning District Change from R1-22 to R1-13.5 on 1.716 acres and Preliminary Plat of 1.716 acres into 4 lots and 1 outlot. Location: 13618 St. Andrew Drive. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change, Resolution for Preliminary Plat) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. RESOLUTION APPROVING SUBMITTAL OF I-352/1-494 INTERCHANGE IMPROVEMENT PROJECT FOR CONSIDERATION BY THE STATE OF MINNESOTA 2013 CORRIDORS OF COMMERCE PROGRAM XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS CITY COUNCIL AGENDA October 15, 2013 Page 3 XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Lease Assignment for City Owned Property at 8098 Glen Lane (Ace Day Care) D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: October 11, 2013 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, October 15, 2013 TUESDAY, OCTOBER 15, 2013 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 A. PROCLAMATION RECOGNIZING THE 50TH ANNIVERSARY OF THE EDEN PRAIRIE EAGLES HIGH SCHOOL MARCHING BAND Members of the Marching Band will be on hand to accept the proclamation. 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, OCTOBER 1, 2013 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 1, 2013 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-J on the Consent Calendar. ANNOTATED AGENDA October 15, 2013 Page 2 A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION APPROVING FINAL PLAT OF CITY WEST CORPORATE 2ND ADDITION C. UNITED HEALTH GROUP 2013 AMENDMENT by United Health Services, Inc. Second Reading of the Ordinance for Planned Unit District Review and Zoning District Amendment within the Office Zoning District on 71 acres. Location: 11155 62nd St W. (Ordinance for PUD District Review and Zoning District Amendment) D. PEOPLE'S ORGANIC COFFEE &WINE BAR by WCL Associates. Second Reading of the Ordinance for Planned Unit District Review with waivers and Zoning District Amendment within the Commercial Regional Service Zoning District on 1.25 acres and Resolution for Site Plan Review on 1.25 acres. Location: Corner of Prairie Center Drive &Valley View Road. (Ordinance for PUD District Review and Zoning District Amendment, Resolution for Site Plan Review) E. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR OLYMPIC HILLS GOLF COURSE STORMWATER IMPROVEMENT PROJECT F. AWARD CONTRACT TO EUELL'S MANUFACTURING CO. INC. FOR PURCHASE OF MATERIALS FOR RECONSTRUCTION OF 168TH AVENUE RETAINING WALL G. APPROVE APPRAISED VALUES FOR SHADY OAK ROAD SOUTH ACQUISITIONS H. APPROVE THE UPDATED CAPITAL ASSET POLICY I. APPROVE LETTER OF AGREEMENT WITH HEALTHPARTNERS FOR EMPLOYEE HEALTH INSURANCE J. APPROVE AGREEMENT WITH COMPASS CONSULTING FOR PHASE 2 SERVICES FOR EXPANSION OF FIBER OPTIC NETWORK TO CITY REMOTE SITES IX. PUBLIC HEARINGS/MEETINGS A. RESOLUTION APPROVING ALL SPECIAL ASSESSMENTS PRESENTED IN THE FALL OF 2013 Official notice of this public hearing was published in the September 26, 2013, Eden Prairie News and sent to 25 property owners. ANNOTATED AGENDA October 15, 2013 Page 3 Synopsis: Each year, the City Council holds a public hearing to consider levying the Special Assessments that have been identified over the previous 12 months. This year, the Council will address a list of supplemental assessments such as trunk assessments and contracted removal assessments. The City Council established the amount to be assessed for this fall's assessment hearing at its regular meeting on September 17, 2013. Exhibit A lists Supplementals that the Council will be asked to approve for levying Special Assessments for collection with property taxes. The total amount proposed to be assessed in 2013 is $550,813.92. MOTION: Move to: • Close the public hearing for the approval of the 2013 Special Assessments; and • Adopt the resolution approving all Special Assessments presented in the fall of 2013. B. RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS AS DEDICATED IN PLAT OF LOTS 3 AND 4, BLOCK 2, CEDAR HILLS WEST Official notice of this public hearing was published in the September 26, 2013, Eden Prairie News and sent to 5 property owners. Synopsis: The Property Owners have requested the vacation of the drainage and utility easements to facilitate the plat of Reeder Ridge for new home construction. The drainage and utility easements to be vacated were originally dedicated with the plat of Cedar Hills West. New drainage and utility easements will be dedicated with the plat of Reeder Ridge. The release of the resolution vacating the drainage and utility easements shall be conditioned on the recording of the plat of Reeder Ridge. MOTION: Move to: • Close the public hearing; and • Adopt the resolution vacating the drainage and utility easements as dedicated in the plat of Cedar Hills West embraced within Lots 3 and 4, Block 2, Cedar Hills West, Hennepin County, Minnesota. C. ST. ANDREW HAVEN by J. David Management, LLC. Request for Planned Unit Development Concept Review on 1.716 acres, Planned Unit District Review with waivers on 1.716 acres, Zoning District Change from R1-22 to R1-13.5 on 1.716 acres and Preliminary Plat of 1.716 acres into 4 lots and 1 outlot. Location: 13618 St. Andrew Drive. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change, Resolution for Preliminary Plat) Official notice of this public hearing was published in the October 3, 2013,Eden Prairie News and sent to 76 property owners. ANNOTATED AGENDA October 15, 2013 Page 4 Synopsis: This development proposes creation of 4 single family lots and an outlot. The outlot will be deeded to the City for protection of the wetland area. The net density of the project is 2.67 units per acre. Waivers to lot frontage, lot width and setbacks are being requested. Granting of the waivers allows for an increased wetland buffer. The following waivers are requested: • Lot frontage on Lot 4 from 85 feet to 83.3 feet • Lot frontage on Lot 2 from 55 feet to 31.8 feet • Lot width less than 85 feet for Lots 1 and 2. Lot 1 proposes a mean lot width of 58 feet and Lot 2 proposes a mean lot width of 76 feet • Front yard setback of 25 feet on Lot 3. City Code requires 30 feet • Side yard setbacks of 5 feet on Lots 1 and 2 (both sides of Lot 1, south side only for Lot 2). Code requires 10 feet • Total side yard setback of less than 25 feet for Lots 1, 2, and 3 • Lot 1 - 10 feet total • Lot 2— 15 feet total • Lot 3 —20 feet total The 120-Day Review Period Expires on December 23, 2013. The Planning Commission voted 8-0 to recommend approval of the project at the September 23, 2013 meeting. MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 1.7 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from R1-22 to R1-13.5 on 1.7 acres; and • Adopt the Resolution for Preliminary Plat on 1.7 acres into 4 lots and 1 outlot; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS A. RESOLUTION APPROVING SUBMITTAL OF I-352/I-494 INTERCHANGE IMPROVEMENT PROJECT FOR CONSIDERATION BY THE STATE OF MINNESOTA 2013 CORRIDORS OF COMMERCE PROGRAM Synopsis: The I-494 Corridor Commission has asked its member cities to approve the enclosed resolution supporting the I-35W/I-494 interchange project and specifically the submittal of part of the project for funding through the Minnesota Department of Transportation's Corridors of Commerce Program. ANNOTATED AGENDA October 15, 2013 Page 5 The I-494 Corridor Commission has a long history of supporting improvements to I-494 between 394 in Minnetonka to the Minnesota River in Bloomington. Most recently the Commission was instrumental in helping obtain funding for the I- 494/169 interchange. The 35W/I-494 interchange has been overcapacity for many years and there have been few improvements to the interchange since it was constructed over 50 years ago. The project currently is not included in the State Transportation Improvement Program, though it is consistent with the Minnesota Go Vision, the guiding principles, and the objectives put forth in the Statewide Multimodal Transportation Plan. MOTION: Move to adopt the resolution approving the submittal of portions of the I-35W/I-494 interchange improvement project for consideration by the state of Minnesota 2013 Corridors of Commerce program. 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 1. Lease Assignment for City Owned Property at 8098 Glen Lane (Ace Day Care) Synopsis: The current tenants, Ace Daycare, are selling their business to Roda Farah Mohamed of Lighthouse Daycare. Ms. Mohamed is an Eden Prairie resident and most recently was the assistant director for two years at Baraka Child Care Center, 1910 Chicago Ave South. Minneapolis. The current lease requires the City to approve an assignment which is enclosed. The current rent of$14 per square foot or$66,500 annually and all other terms of the existing lease will be maintained and the new tenant has paid rent for October. The lease is scheduled to expire in September 2015 at which time the City will have the opportunity to renew the lease. The City also has the option of selling the property at anytime provide it gives the tenant 365 days notice. According to the current owners, over the last three years the daycare has been very successful and they have always paid their rent on time. ANNOTATED AGENDA October 15, 2013 Page 6 MOTION: Move to: Approve lease assignment between the City of Eden Prairie and Lighthouse Daycare for the City owned property located at 8098 Glen Lane. D. REPORT OF PARKS AND RECREATION DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. ITEM NO.: IV.A. PROCLAMATION Proclaiming October 28, 2013, Eden Prairie Eagles Marching Band Day City of Eden Prairie Hennepin County, Minnesota WHEREAS, the Eden Prairie Eagles Marching Band of Eden Prairie High School was established on September 9, 1963; and WHEREAS, in 2013, the Eden Prairie Eagles Marching Band of Eden Prairie High School celebrates the 50th anniversary of their formation; and WHEREAS, the Eden Prairie Eagles Marching Band is made up of students from the Eden Prairie High School band program ranging from ninth to twelfth grade, who are all dedicated as a team to the high standards and goals of working toward unity, artistry and excellence; and WHEREAS, Eden Prairie Eagles Marching Band is led and directed by Scott Palmer, Mike Whipkey and Liz Jackson; and WHEREAS, with the overwhelming support and commitment of parents, volunteers and Eden Prairie High School the 160 members of the Eden Prairie Eagles Marching Band form a team of nationally recognized musicians. NOW, THEREFORE, the City Council of the City of Eden Prairie, Minnesota, hereby proclaims Monday, October 28, 2013, as EDEN PRAIRIE EAGLES MARCHING BAND DAY ADOPTED by the Eden Prairie City Council on October 15, 2013. Nancy Tyra-Lukens, Mayor ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, OCTOBER 1, 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 Mayor Tyra-Lukens was absent, so Council Member Case served as Acting Mayor. City Attorney Ric Rosow was also absent. I. CITY MONUMENT/ENTRANCE SIGNS Presentation Community Development Director Janet Jeremiah and Community Development Technician Tania Mahtani presented a PowerPoint on entry monument signage. Jeremiah noted that at their goal setting session, the City Council listed entry monument signage as a top priority. She said an entry monument signage program is included in the Strategic Plan for Housing and Economic Development as a medium priority project, with the Economic Development Fund identified as a source of funding. Jeremiah showed examples of several entry monument signs from other communities. She said tonight's discussion will touch on the following: • Budget • Number and size of signs • Location of signs • Landscaping • Building materials • Lighting • Design • Maintenance Jeremiah said there is $250,000 programmed for monument signage over the next two years, and those funds can be pulled from the Economic Development Fund. Staff contacted other City Council Workshop Minutes October 1, 2013 Page 2 communities that have monument sign programs to get an idea of costs. She said Burnsville recently paid $15,000 to develop designs for Council consideration. They estimate it will cost around$25,000 for final design,permitting, bidding and construction of the first sign. Jeremiah outlined a potential process that includes the following: • Hire a consultant to complete a visual survey of design examples • Solicit input from Planning Commission and the Parks, Recreation&Natural Resources Commission • Based on the visual survey and commission input, consultant creates sign designs • City Council selects three designs to be posted on City Connect for broader public input • Present City Connect results to City Council and determine construction priorities Mahtani presented a map with 13 potential locations for entrance monuments identified along with estimated traffic counts: Possible Sign Locations at Westbound Entrances Pioneer Trail (8,000) Anderson Lakes Parkway (5,250) 494 (51,000) Prairie Center Drive off 494 (12,900) Highway 212 (30,000) Possible Sign Locations at Eastbound Entrances Highway 5 (19,500) Highway 212 (23,000) Pioneer Trail (1,675) Flying Cloud Drive (4,400) Possible Sign Locations at Southbound Entrances Shady Oak Road(6,800) 494 (47,500) Baker Road(3,050) Dell Road(4,850) Mahtani provided information on presumed ownership of each location and factors that might affect sign/monument placement. City Council Workshop Minutes October 1, 2013 Page 3 Discussion Nelson said she likes the idea of having a sign on Baker Road, since the boundary between Minnetonka and Eden Prairie is not clear. Aho and Case said they would like to see a sign on Highway 5 eastbound. Case said there are three areas the City Council needs to discuss: 1. Do they want signs? (There was agreement that everyone present is in favor of monument signs.) 2. Where should the signs be placed? 3. Design process Butcher Wickstrom said she would like the Council to have heavy involvement in the design. She suggested involving the Parks, Recreation&Natural Resources Commission(PRNRC) by soliciting their input at the appropriate point in the process. Lotthammer noted that the PRNRC member who had expressed the greatest interest in monument signs is no longer on the commission. Case said if groups other than the Council are used, he feels their tasks should be very clearly spelled out. He said it will be important to leave the final design decisions up to the Council. Butcher Wickstrom said it would be useful to get feedback from the larger community once some designs have been developed. Aho said that larger group could help with identifying branding ideas and developing several ideas the Council is comfortable with. Case said he very much wants to run with the branding idea. He wants the monument signs to make a statement about the fact that you are now entering Eden Prairie. What does that look like and feel like? Case said this is important work, and the right kind of signs could be critical in getting people here. Aho, Case and Butcher all agreed that they "want to do this right." Nelson suggested having different materials and shapes presented for consideration as a starting point for the design. Butcher said she favors taking an innovation approach. She would like to start with a blank piece of paper, and have the Council Members come up with options. She suggested beginning with what vision the Council has rather than looking at what already exists. She would like to have indigenous/regional materials brought in so they can see what they actually feel and look like. Case said he agrees with the innovation approach. He would like to retain a consultant who could lead them through the visioning process. He said the Council Members have their fingers on the pulse of what matters to the community. Case envisions developing three to five ideas that could be forwarded to a designer who would create concepts based on them. Butcher Wickstrom said she likes "blue ocean visioning." She noted that Baker&Associates did the City's branding a few years back. Aho said he agrees that before any designs are created,the City Council should take the opportunity to discuss concepts and visions. Butcher Wickstrom said she sees the process as an inverted inclusive one. Nelson said the creative piece could potentially be very expensive. City Council Workshop Minutes October 1, 2013 Page 4 She suggested the City Council put a figure on how much it is willing to devote to the project. Case said he feels that doing the creative piece of the process is critical. Case reviewed the outcomes of the discussions as follows: 1. Identify costs of visioning/branding piece of the process 2. Clearly define how the public fits into the process 3. Retain a designer that can take concepts from the branding process and develop sign samples 4. Decide on locations, and priorities of sites. The Council Members reviewed the 13 possible sign locations and provided input on their level of priority. Higher Priority Locations Pioneer Trail -Westbound 494 - Westbound Highway 212 - Westbound Highway 5 - Eastbound Highway 212 - Eastbound 494 - Southbound Baker Road— Southbound(perhaps a smaller sign) Pioneer Trail—Eastbound(perhaps a smaller sign) Dell Road— Southbound Lower Priority Locations Flying Cloud Drive - Eastbound Prairie Center Drive off 494—Westbound(perhaps a smaller sign) Anderson Lakes Parkway—Westbound (perhaps a smaller sign) Shady Oak Road- Southbound Open Podium - Council Chamber II. OPEN PODIUM III. ADJOURNMENT ITEM NO.: IV.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 1, 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 I. ROLL CALL/CALL THE MEETING TO ORDER Acting Mayor Case called the meeting to order at 7:00 PM. Mayor Tyra-Lukens was absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Getschow added Item VIII.F. to the Consent Calendar. Case added Item XIV.B.1. MOTION: Aho moved, seconded by Nelson, to approve the agenda as amended. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 17, 2013 MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve the minutes of the Council workshop held Tuesday, September 17, 2013, as published. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 17, 2013 MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the minutes of the City Council meeting held Tuesday, September 17, 2013, as published. Motion carried 4-0. CITY COUNCIL MINUTES October 1, 2013 Page 2 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2013-85 DECLARING PROPERTY ABANDONED C. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BARR ENGINEERING COMPANY FOR RIVERVIEW ROAD CULVERT REPLACEMENT PROJECT D. APPROVE GRANT AWARD FROM RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT FOR RILEY CREEK STABILIZATION PROJECT E. AUTHORIZE STAFF TO SUBMIT WINTER TRAIL ACTIVITIES PERMIT APPLICATION TO THREE RIVERS PARK DISTRICT FOR THE 2013-2014 WINTER SEASON USE OF THE LRT TRAIL F. APPROVE AGREEMENT WITH HENNEPIN COUNTY FOR ACCESS TO CAD DATA MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve Items A-F of the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS/MEETINGS A. HOUSING IMPROVEMENT AREA FOR FAIRWAY WOODS II CONDOMINIUM ASSOCIATION Getschow said this is a public hearing for a Housing Improvement Area(HIA) for the Fairway Woods II Condominium Association. At a later date, staff will return with an ordinance related to this HIA. He noted Housing Improvement Areas are a new program in the City. Molly Koivumaki, Housing and Human Services Manager,reviewed the program for HIAs, noting the program was presented last fall at a Council workshop on Economic Development. The purpose of the program is to help keep viable housing stock in the community. The program is very specific in how it operates, so there is not a lot of room to modify it. The HIA is a tool that designates a homeowners association area that needs financial assistance to keep the structures viable. The homeowners association has to prove that they would not be able to make the improvements if they did not receive the assistance, and the improvements have to be done in areas that are common to the whole association. She reviewed the operation of the program, noting the City provides the resources for the improvements and is then repaid with property taxes, generally over a period of 15 years. CITY COUNCIL MINUTES October 1, 2013 Page 3 Case asked if the reason they don't use the association fees to fund the improvements is because they are not able to go out to get the financing. Koivumaki said they have to show the City they wouldn't have the reserves necessary and the improvements would require a very large assessment. They must prove that they tried to get loans for the improvements. Case then asked if the City acts as a kind of pass-through. Koivumaki replied that was correct. Staff will come back with the ordinance that will specify the financial information. Case asked if a public hearing is necessary because it is an assessment process. Koivumaki said that was correct. There were no comments from the audience. MOTION: Aho moved, seconded by Butcher Wickstrom, to close the public hearing. Case said he understood we are just holding the public hearing tonight and staff will bring back the financial information later. He asked if all of the residents of an association must be in favor of it or if it can be an action by the association leadership. Getschow replied the leadership requests the HIA. He noted the Council would vote on each project on its own merits. VOTE ON THE MOTION: Motion carried 4-0. B. UNITED HEALTH GROUP 2013 AMENDMENT by United Health Services, Inc. Request for Planned Unit Development Concept Review on 71 acres, Planned Unit District Review on 71 acres, Zoning District Amendment within the Office Zoning District on 71 acres and Preliminary Plat of 71 acres into 3 lots and 8 outlots. Location: 11155 62nd St W. (Resolution No. 2013-86 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment, Resolution No. 2013-87 for Preliminary Plat) Case said he is employed at United Health Group (UHG) and recused himself from the discussion and vote. He turned the meeting over to Council Member Butcher Wickstrom and left the Council Chamber. Getschow said this project is back for some revisions to their plan. There are three main elements to the request for revision: replat the property for mortgage purposes which requires waivers related to setbacks and floor area ratio; waivers to amend the approved sign plan for additional signs and change the location and size of the wall signs; a minor waiver for the landscaping and tree replacement requirements. Dave Pelner, representing UHG, addressed the proposal. He said they have been advancing the design of the project, are nearing completion of Phase 1, and will be occupying the first two buildings in February 2014. They are looking at some slight refinements in the project. Miles Lindberg, representing Westwood Professional Services, reviewed the PUD and plat changes proposed, the waivers requested and the landscaping changes. CITY COUNCIL MINUTES October 1, 2013 Page 4 Bill Blanski, HGA Architects,reviewed the five sites for changes modifications to the approved signage plan. Nelson asked about the size of the previously-approved wall sign. Mr. Blanski said there were two wall signs approved at 200 square feet each, or 400 square feet total. Nelson asked if they are requesting two signs at 500 square feet each. Mr. Blanski replied they are. Nelson asked about the size of the biggest sign we have approved in the City. Aho noted this is a 15-story building with the sign near the top, and there are no other structures in the City of that height. He thought it may not be applicable to compare other signs in the City. Nelson said approving the request says we are willing to go to this size sign in the future. We have let people combine signs to allow for a bigger sign, but this goes from 400 square feet to 1000 square feet and is precedent setting. She believed this is worth some additional thought. Jeremiah said we don't have exact sizes of variances we have approved, but this is fairly commensurate with other approved variances. The total signage package includes 574 square feet of additional signage. She noted we have approved variances for taller buildings that are viewed from nearby highways. There were no comments from the audience. MOTION: Aho moved, seconded by Nelson, to close the public hearing; to adopt Resolution No. 2013-86 for Planned Unit Development Concept Review on 71 acres; to approve 1st reading of the ordinance for Planned Unit Development District Review with waivers, and Zoning Amendment in the Office Zoning District on 7lacres; to adopt Resolution No. 2013-87 for Preliminary Plat on 71 acres into 3 lots; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Rosow said the summary plat identifies an LRT way, and we are obtaining through the development agreement the dedication of the LRT line at that location. We need to have some further conversations about how this works, and that should be one of the conditions of approval of the preliminary plat should be to have the City resolve the issue regarding dedication of the LRT line. He noted the legal description attached to the ordinance and resolution are inaccurate and will need to be changed to those attached to the new plat. AMENDMENT TO THE MOTION: Aho moved, seconded by Nelson, to include as conditions that the issue regarding dedication of the LRT line be successfully resolved and that the legal description be changed to those included in the new plat. Motion carried 3-0. VOTE ON THE MOTION AS AMENDED: Motion carried 3-0. Acting Mayor Case returned to the Council Chamber and resumed the Chair. CITY COUNCIL MINUTES October 1, 2013 Page 5 X. PAYMENT OF CLAIMS MOTION: Nelson moved, seconded by Aho, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho,Butcher Wickstrom, Nelson, and Case voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. Impact of Federal Government Shutdown on Eden Prairie Getschow said there should not be much of a direct effect on the City of Eden Prairie. We receive very little federal aid nor do we have programs currently operating in the City that rely on federal funding or that are operated by the federal government. Depending on the length of the shutdown, there are some concerns with the CDBG program where we use federal dollars to fund our housing redevelopment loans and first-time home buyers'programs. There should be no effect on City services. Staff will continue to monitor the situation, and there are organizations such as the National League of Cities that provide information to track the issues. Case asked if there are any concerns with the Flying Cloud Airport and the FAA. Getschow said he will follow up on that question. 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 1. Duty Crew Update Fire Chief Esbensen gave a PowerPoint update of the fire duty crew. He noted the duty crew was started on October 1, 2012. He reviewed the implementation of the duty crew and their statistics for the last 12 months. He said the duty CITY COUNCIL MINUTES October 1, 2013 Page 6 crew allows for more flexibility. Case said it feels as though this program has worked out. Esbensen said the families of the firefighters are very happy with it, and it has helped with recruiting. Case said these are the results we had hoped for with the program and noted the additional financial commitment was a small amount to pay for the safety it brings. Nelson said she was very happy the duty crew helps the firefighters' family lives, and that is important for retention purposes. 2. Building Department Activity Report Esbensen said the hail storm in August had a big impact on the Building Department in a number of ways. Thus far they have issued over 1500 permits to reroof houses, and they estimate 3300 homes have roofs damaged by the storm. He noted 1000 of the roofing permits were issued under the e- permit system. Homeowners and small contractors appreciate the e-permit system because they don't have to make a trip to City Hall for the permit. Esbensen said the large number of permits has also had an effect on the revenue received from permit fees. We are at almost$2,100,000 in building permit revenue. Case asked what amount was expected. Getschow said $1,700,000 was in the budget, with $2,000,000 budgeted for the next two years. Getschow noted we have a long term plan to smooth out revenue over time. We have tried to hire contractors and part-time workers to take care of the work load. Case said this reminds him of the situation in the late 1990's when we had extra revenue and started the Budget Stabilization Fund. He suggested we have more conversations about how we will use the extra permit revenue. H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher Wickstrom moved, seconded by Nelson, to adjourn the meeting. Motion carried 4-0. Acting Mayor Case adjourned the meeting at 7:54 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 15, 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: Eden Prairie Hockey Association Event: Face Off 2013 Date: November 9, 2013 Place: Premier Jet Center 14801 Pioneer Trail - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 15, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IEM NO.: VIII.B. Randy L. Slick Final Plat Report of City West Public Works/Engineering Corporate 2nd Addition Requested Action Move to: Adopt the resolution approving the final plat of City West Corporate 2nd Addition. Synopsis This proposal is for the plat located at the southeast quadrant of Shady Oak Road and Highway 62. The plat consists of 28.69 acres to be platted into two lots and LRT right-of-way. As the planning has advance for the site, United Health Group has determined that further subdivision of the property will provide options that better align with its mortgage and real estate objectives. This is a replat of Lot 1, Block 1 and Outlots D, E, F and G, City West Corporate Addition. Background Information The preliminary plat was approved by the City Council on October 1, 2013. Second reading of the Rezoning Ordinance and final approval will be completed on October 15, 2013. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$4,303.50. • Completion of vacation of underlying drainage and utility easements Attachments Resolution Plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2013- A RESOLUTION APPROVING FINAL PLAT OF CITY WEST CORPORATE 2ND ADDITION WHEREAS, the plat of City West Corporate 2nd Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder; and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for City West Corporate 2nd Addition is approved upon compliance with the recommendation of the Final Plat Report on this plat dated October 15, 2013. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners of the subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on October 15, 2013. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, City Clerk • • CITY WEST CORPORA TE 2ND ADDITION R.T. DOC. NO. C.R. DOC. NO. SREEr WEST/ m°. - --_._N81/048 __fJ®�b'6]I15'M \\ _ '-_ 4 11 / ___ -N,2° NOI°Br"W a.f1J4P4N --- 1 / _-_. JizSO h8 244/ N I \L-noynwn°°m.°r me NC 4r 1,♦ .o 1 r7 c / W hd� /�. we= .E \•• ''e♦h l __-___-_--_. t]1-91.19 \ s 2,-,==.,=cen n r^Tn 1S If ,,y0, I `J d.1J{°2g0". N came - 637 Ice L.Cr,r,.. c a h .�B�R cxeaa6ozz�9.E_ In.29 \ S \ / .8 . I g 19 d-l5 5J'10' - __- , ,,, v. \ E i I \,/ 'e a I h C f152J ••W tee%S �. W s7`t• \ it Oyo sash l`k TC --_- N90 00.00"11' % \ '`I ' r D'�1 N90°00'OOF -- 52.60 J i .',r$ 1 `'-)' \ 81 - _ Nl6°J4:H•E .. r ' r -,-_ N90°89'09'E 193511.L we°r me `6'. vu'.'..v r o a )450 N(M°CO'00.E % ;.1 x°..m°i h• y \ i,('�``y I �N4I•JB7TE d W� 10.58 wg x io1 77tbe •� dd,' '6' y \ n • tl ` 1 ---- - ez 16 36ss ..8 "'� a''•? qI: -- '�'° `c' ^I i 1 8 N99°oo'roc s': �6 :I ^ Ill 1.. 3024 LRf WAY T'f° \N € ���. rJ 11 .j. 4;8 ! Noo23555o c,:N91,Pea.w/ 8m \r C) 4500 \ q�� 11 gm- 990°20'0.14 hg8 \e�'$_•� \ `� E MET y I 7 II1 I„` "r e.q o 6ti; r' ;j°r m.x:r%. s.a me:) E 1144°13'56'!y, J'I" III >S °r tr.H"i/9.M i/J 1y g v ...v� / �P� 1 1 c.c.,irxoU �a'x A h n F -Jl g g .. v r v r n r E ` kl' [I45529T.N F a 11 7� •,r nisi . e,,N.f. N61 �'W€ .. 1490°0000T 291.99 ?� y!° I 4 IJO9 tl..v..r• 71 `�is.- I c.j a �I ST_ a I ra,99ry, 90.00'00T'166.19 HSR°09."N - '6'� ^J. 1 C- E 4. d.15°29.16' ---- NO326V041: __ k .�3 11 N R 4d220 R1J�� N84•.4.36.E N90°00'00'E JJI.ry 8N d.90°OI'If' or r 26.50 -_�__.,:. ____NT(6164. y 9+�;y r- • c 41.55 1129J _...1x m9.rr e,7(' 1 Yt 500°00rWf-" ga 'r a.l918 ! vv.t.v� u 1 d-AJT00' •``` '- Jfl 8n; 1 g 4 69 { 1 J C� 1 y a.210.W"°. III 8^ N59°20IJ2' ---- 10 0.' Ot"({ N49°5959'E HtM. ".� 6891 N90°ro ro_W 589°58849'W dLM,:y2 4g27"N p 901,1� -- 95J9 "r� u1I)1� �'� .50%8Y4 , g NOS°J9'4IT_ I 1561 ryle""" 1 �N5 --,e-4°trsr n v V t r r " t r 9.E. 1 4c N692 3.44'W J .' • �aJB4 sf _ 4249 '_.:� �5� ♦(' nUp.r4 wm re.Nx _________ R.486.00 t Ppilt Nor room 1 670'24'S2'E/.: N89°213J'W \T---- N69°113YW 525.58 N01°1l•I6"W__''.,< N66°5TJ6'E 20130 .. n 1 t A e ,,,,, 1 50.62 - 6474 ____-% /'\ 0.^6 N1546.71 .41,E. 1 T r PAF,'KWA / \, 1 FOURTH nVV II a r 48l n• •w / 1 z, 1 \ \ ,,'''a/ �;r II 's II / DETAIL \\ \ �\ `/ / I \ 1 01•27.16"W 1 \ \ Y� `JJ I I N89.215TW ff.'' )-- \ 11 1 525.58 `--N8263.30 E \ \ -T' 1 \\ / \\ \\ vl1 '/l ',VEST FOURTH n✓✓ /Pklr°r._.J.t... _1r1' ,,,,, ! \\\ 1 / MTha \ to s�°rem/ 8 _-'- 00 most nc.me5 line or bol 1.Block 1, I. 100 0 1. 200 J00 ,WEST CORPORATE A00180W is beets N 8l°2T40'E. 0 seat and ma inch by 1e inch ironmonument 1 5cde in leaf assumed to b marked by License A P3933 s'4 ,°t s.° 1 • Denotes von monumentfound ono.marked (°gym N�emm;1'r I ; Westwood will,45 43933 unless !heroes . Professional Services,Inc. Sneer 2 or 4 meets 1 CITY COUNCIL AGENDA DATE: October 15, 2013 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Community Development/Planning United Health Group 2013 Janet Jeremiah Amendment Requested Action Move to: Approve 2nd Reading of the Ordinance for Planned Unit Development District Review and Zoning District Amendment in the Office Zoning District Synopsis This is final approval of the UHG plan amendment. No development agreement is required. The waivers are listed in the ordinance. Attachments • Ordinance for PUD District Review • Summary Ordinance UNITED HEALTH GROUP 2013 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 16-2013-PUD-8-2013 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof Section 2. That action was duly initiated proposing that the land be amended within the Office Zoning District 16-2013-PUD-8-2013 (hereinafter "PUD-8-2013-OFC). Section 3. The City Council hereby makes the following findings: A. PUD-8-2013-OFC is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-8-2013-OFC is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The following exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-8-2013-OFC are justified by the design of the development described therein. • Side yard 20 feet to 10 feet on lot 1. • Rear yard setback from 10 to 0 feet on lot 2. • Side yard setback from 20 feet to 10 feet on lot 2. • Floor area ratio from .50 to .95 on lot 1, block 1. • Floor area ratio from .50 to 1.29 on lot 2, block 1. • Floor area ratio from .50 to 1.20 on lot 1, block 2. • Offsite landscaping and tree replacement within the right of way of Shady Oak Road. • Sign A: (1) 104 square feet, 11 feet high. Code 50 sf and 8 feet high. • Sign B: (2) 30 square feet, 11 feet high. Code 50 sf and 8 feet high • Sign C: (9) directional signs 14 sf, 11 feet high. Code 6 signs/lot, 6 sf each. • Sign D: (1)470 square feet, 11.5 feet high. City Code 50 sf, 8 feet high. • Wall Sign: (2) 500 sf signs building 3, (1) 200 square foot sign building 4. City code 50 square feet on each wall of each building. D. PUD-8-2013-OFC is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 4. The proposal is hereby adopted and the land shall be, and hereby is amended within the Office District and shall be included hereafter in the Planned Unit Development 8-2013-OFC, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 5. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 1st day of October, 2013, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 15th day ofOctober, 2013. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2013. EXHIBIT A United Health Group 2013 Amendment Legal Description before Final Plat Lot 1, Block 1; Lot 1, Block 2; and Outlots A - J, City West Corporate Addition. Legal Description after Final Plat City West Corporate 2nd Addition UNITED HEALTH GROUP 2013 AMENDMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 16-2013-PUD-8-2013 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning of land located at Shady Oak Road and West 62nd Street within the Office Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2013. (A full copy of the text of this Ordinance is available from City Clerk.) CITY COUNCIL AGENDA DATE: October 15, 2013 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Community Development/Planning people's Organic Coffee &Wine Janet Jeremiah/Julie Klima Bar Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers on 1.25 acres; and • Approve Resolution for Site Plan Review on 1.25 acres; and • Approve the Development Agreement for People's Organic Coffee & Wine Bar; and Synopsis This is final approval of the development agreement and plans for a 4,975 square foot restaurant. The 120-Day Review Period Expires on December 4, 2013. Attachments • Ordinance for PUD District Review • Summary Ordinance • Resolution for Site Plan Review • Development Agreement PEOPLES ORGANIC COFFEE & WINE BAR CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 17-2013-PUD-9-2013 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof Section 2. That action was duly initiated proposing that the land be amended within the Commercial Regional Service Zoning District 17-2013-PUD-9-2013 (hereinafter "PUD-9- 2013-C-REG-SER). Section 3. The City Council hereby makes the following findings: A. PUD-9-2013-C-REG-SER is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-9-2013-C-REG-SER is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-9-2013-C-REG-SER are justified by the design of the development described therein. D. PUD-9-2013-C-REG-SER is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 4. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of October 15, 2013, entered into between Café Holdings MN LLC and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-9-2013-C-REG-SER, and are hereby made a part hereof. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the Commercial Regional Services District and shall be included hereafter in the Planned Unit Development 9-2013-C-REG-SER, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 17th day of September, 2013, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 15th day of October, 2013. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2013. EXHIBIT A PUD Legal Description — Lot 1, Block 2, Minnesota Tree Fourth Addition, City of Eden Prairie, Hennepin County, Minnesota. PEOPLES ORGANIC COFFEE & WINE BAR CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 17-2013-PUD-9-2013 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning of land located at the Southwest corner of Valley View Road and Prairie Center Drive within the Commercial Regional Service Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2013. (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2013- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR PEOPLE'S ORGANIC COFFEE & WINE BAR BY WCL ASSOCIATES WHEREAS, WCL Associates, has applied for Site Plan approval of People's Organic Coffee &Wine Bar to construct a restaurant, by an Ordinance approved by the City Council on October 15, 2013; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its August 26, 2013 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its September 17, 2013 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to WCL Associates based on the Development Agreement between Café Holdings MN LLC and the City of Eden Prairie, reviewed and approved by the City Council on October 15, 2013. ADOPTED by the City Council of the City of Eden Prairie this 15th day of October, 2013. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk DEVELOPMENT AGREEMENT PEOPLES ORGANIC COFFEE & WINE BAR THIS DEVELOPMENT AGREEMENT("Agreement")is entered into as of October 15, 2013, by CAFÉ HOLDINGS MN LLC, a North Dakota limited liability company, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS,Developer has applied to City for Planned Unit Development Concept Review on 1.25 acres, Planned Unit Development District Review with waivers on 1.25 acres, Zoning District Amendment within the Commercial Regional Services Zoning District on 1.25 acres, and Site Plan Review on 1.25 acres, legally described on Exhibit A, attached hereto and incorporated herein(the "Property"); WHEREAS,Developer and City enter into this Development Agreement to set forth terms and conditions of the requested approvals. NOW,THEREFORE,in consideration of the City adopting Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Review within the Commercial Regional Services Zoning District on 1.25 acres,and Resolution No. for Site Plan Review,Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated October 1, 2013,reviewed and approved by the City Council on October 15,2013, (hereinafter the "Plans")and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. CROSS ACCESS AND MAINTENANCE AGREEMENT: Prior to the issuance of a building permit for the Property,Developer shall provide evidence to the City of a recorded Cross Access Easement and maintenance Agreement,acceptable to the City,over the private driveway located within Lot 1, Block 1, Minnesota Tree Second Addition; Lot 1, Block 1 Prairie Wash Addition;Lot 1,Block 1,Minnesota Tree Third Addition; and Lot 1,Block 1, Prairie View Center 2nd Addition, which driveway(s)provides access to the Property. 3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Property,construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City shall give 24 hour notice of such violation in order to allow a cure of such violation,provided however, City need not issue a building or occupancy permit for construction or occupancy on the Property while such a violation is continuing, unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City,its elected and appointed officials,employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 5. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 6. EXTERIOR MATERIALS: Prior to issuance of a building permit for the Property, Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and color plan in accordance with the terms and conditions of Exhibit C, attached hereto. 7. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland information,including wetland boundaries, wetland buffer strips and wetland buffer monument locations; all Stormwater Facilities,such as water quality ponding areas,stormwater detention areas, and stormwater infiltration systems; and any other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the Stormwater Facilities conform to the final grading plan and that the Stormwater Facilities are functioning in accordance with the approved plans. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan ("SWPPP"). The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. In addition, the design professional retained by the Developer to perform the monitoring of the Project shall be responsible for all monitoring, data entry and reporting to the PermiTrack ESC web-based erosion and sediment permit tracking program utilized by the City. B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities, including detention basins,retention basins,"Stormwater Infiltration"or"Filtration Systems"(such as rainwater gardens,vegetated swales,infiltration basins,vegetated filters, filter strips, curbless parking lot islands, parking lot islands with curb-cuts, traffic islands, tree box filters, bioretention systems or infiltration trenches) or "Underground Systems" (such as media filters, underground sand filters, underground vaults,sedimentation chambers,underground infiltration systems,pre- manufactured pipes, modular structures or hydrodynamic separators) shall be maintained by the Developer during construction and for a minimum of two(2)full growing seasons after completion of the development pursuant to the Plans to ensure that soil compaction, erosion, clogging, vegetation loss, channelization of flow or accumulation of sediment are not occurring, and thereafter by the Owner of the Property. Planting and Maintenance Plans for the Stormwater Facilities (where appropriate)to ensure that the Stormwater Facilities continue to function as designed in perpetuity must be submitted prior to release of the first building permit for the Property. Developer shall employ the design professional who prepared the final grading plan to monitor construction of the Stormwater Facilities for conformance to the Minnesota Pollution Control Agency publication entitled"State of Minnesota Storm Water Manual" dated November 2005, the approved final grading plan and the requirements listed herein. All inspections of underground systems shall be performed by personnel that have approved OSHA confined space training. Maintenance techniques must be used during construction to protect the infiltration capacity of all Stormwater Infiltration Systems by limiting soil compaction to the greatest extent possible. This must include delineation of the proposed infiltration system with erosion control fencing prior to construction; installation of the infiltration system using low-impact earth moving equipment; and not allowing equipment,vehicles, supplies or other materials to be stored or allowed in the areas designated for stormwater infiltration during construction. In areas of structural infiltration Developer shall, prior to construction of the infiltration system, provide a plan that addresses: (i) construction management practices to assure the infiltration system will be functional; (ii), erosion control measures; (iii) infiltration capacity; (iv) performance specifications that the completed infiltration system must meet to be considered functional by City and(v) corrective actions that will be taken if the infiltration system does not meet the performance specification. All Stormwater Infiltration Systems must be inspected prior to final grading to ensure that the area is infiltrating as proposed and to determine if corrective measures are required to allow infiltration as proposed. Field verification of post-construction infiltration rates must be provided to the City within 30 days after the first rainfall event of'A inch or greater after the Stormwater Infiltration Systems become operational. If infiltration rates are reduced a plan to restore adequate infiltration must be provided within 90-days of the field verification test. The work required to bring the Stormwater Infiltration System back into compliance shall be implemented within 60 days of City approval of the plan. Pervious surfaces shall be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the Stormwater Infiltration Systems. Stormwater Infiltration Systems that are constructed under a building shall be designed for maintenance access and installed in conformance with the standards outlined in The Minnesota Stormwater Manual(November 2005) and/or the Plans. The System shall be kept off-line until construction is complete. C. STORMWATER FACILITY INSPECTION AND MAINTENANCE: A Stormwater Maintenance Plan must be provided for operation and maintenance of all Stormwater Facilities to ensure they continue to function as designed in perpetuity prior to issuance of the Land Alteration Permit for the Property. The Stormwater Maintenance Plan must identify and protect the design,capacity and functionality of all Stormwater Facilities. The Maintenance Plan must contain at a minimum: the party(s) responsible for maintenance; access plans; inspection frequency; methods used for field verification of infiltration for Stormwater Infiltration Systems;routine and non-routine inspection procedures;sweeping frequency for all parking and road surfaces; plans for restoration of reduced infiltration for Stormwater Infiltration Systems; and plans for replacement of failed systems, all pursuant to and in accordance with Eden Prairie City Code Section 11.55, Subd. 8. During construction and for two years following completion of construction, all Stormwater Facilities shall be inspected at a minimum of once annually to determine if the Stormwater Facility(s) is treating stormwater as designed and said inspection should occur within 72-hours after a rainfall event of one-inch or greater to verify infiltration. All Stormwater Facilities shall be kept free of debris, litter, invasive plants and sediment. Erosion impairing the function or integrity of the Stormwater Facilities, if any, must be corrected and any structural damage impairing or threatening to impair the function of the Stormwater Facilities must be repaired. The following criteria must be included in the inspection: • A storage treatment basin(including retention and detention basins)shall be considered inadequate if sediment has decreased the wet storage volume by 50 percent or dry storage volume by 25 percent of its original design volume. • A Stormwater Infiltration System shall be considered inadequate if sediment has accumulated that impairs or has the potential to impair infiltration of stormwater. • An underground storage chamber shall be considered inadequate if sediment has decreased the storage volume by 50 percent of its original design volume. Based on this inspection,if a Stormwater Facility requires cleanout,the Stormwater Facility shall be restored to its original design and/or the infiltration capacity of the underlying soils must be restored and any surface disturbance must be stabilized within one year of the inspection date. Sediment, debris, litter or vegetation removal in Stormwater Infiltration Systems shall be by hand or with a flat-bottomed shovel or rake during dry periods. Only enough sediment shall be removed as needed to restore hydraulic capacity,leaving as much of the vegetation in place as possible. Any damaged turf or vegetation shall be reseeded or replaced. After the two year period of maintenance, the Owner of the Property shall be responsible for maintenance of the Stormwater Facilities. This shall include inspections at a minimum of once per every five years. Regular maintenance shall be conducted and must include regular sweeping of private streets,parking lots or drive aisles at a minimum of once per year; debris and litter removal;removal of noxious and invasive plants;removal of dead and diseased plants; maintenance of approved vegetation; re-mulching of void areas; replanting or reseeding areas where dead or diseased plants were removed;and removal of sediment build-up. Sediment build-up in above-ground Stormwater Infiltration or Filtration Systems shall be removed by hand. Areas above Underground Systems shall be kept free of structures that would limit access to the System for inspections, maintenance or replacement. D. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit for the Property, Developer shall submit to the City Engineer and obtain City Engineer's written approval of SWPPP for the Property. The SWPPP shall include all boundary erosion control features,temporary stockpile locations,turf restoration procedures,concrete truck washout areas and any other best management practices to be utilized within the Project. Prior to release of the grading bond,Developer shall complete implementation of the approved SWPPP. 8. GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any of the wooded areas on the Property,delineated on the plans attached as Exhibit B,Developer shall submit to the City Forester and receive the City Forester's written approval of a plan depicting construction grading limits on the Property. Prior to the issuance of any land alteration permit for the Property, Developer shall place a construction fence on the approved construction grading limits. Developer shall notify the City and watershed district 48 hours in advance of grading so that the construction limit fence may be field inspected and approved by the City Engineer and City Forester. Developer shall maintain the construction limit fence until written approval is granted by the City to remove the fence. 9. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 10. LANDSCAPE PLAN: Prior to issuance of a building permit for the Property, the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property depicting a total of 63 caliper inches. The approved landscape plan shall be consistent with the quantity,type,and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's written approval of a security in the form of a bond,cash escrow,or letter of credit, equal to 150% of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 11. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit, water meters, and standard heating, ventilating,and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property,in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If, after completion of installation of the mechanical equipment screening, it is determined by the City Planner, in his or her sole discretion,that the installed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reinstall the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 12. OWNER'S SUPPLEMENT TO DEVELOPMENT AGREEMENT: The Owner's Supplement to this Agreement executed by and between the City of Eden Prairie and the following is attached hereto and made a part hereof. A. Eden Prairie Marketplace LLC 13. PARK DEDICATION: Developer agrees that,prior to release of the building permit for the Property, payment of park dedication fees in the amount consistent with the rate applicable at the time of building permit issuance shall be paid to the City. 14. PERFORMANCE STANDARDS: Developer agrees that the Property will be operated in a manner meeting all applicable noise,vibration,dust and dirt,smoke,odor and glare laws and regulations. Developer further agrees that the facility upon the Property shall be operated so noise, vibration, dust and dirt, smoke, odor and glare do not go beyond the Property boundary lines. 15. PUD WAIVERS GRANTED: The City hereby grants the following waivers to City Code requirements within the Commercial Regional Service Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD (list PUD number): 1. A waiver from the parking setback requirements of 17.5 feet along the Prairie Center Drive street frontage to a 10 foot parking setback requirement along the Prairie Center Drive frontage. 16. ROADWAY AND UTILITY EASEMENT: Developer shall convey to the City an easement for roadway and utility purposes over the northerly 5 feet of the property along Valley View Road for the full length of the Property, in substantially the same form and substance as attached hereto and incorporated herein as Exhibit D. The roadway and utility easement shall be recorded with the Hennepin County Recorder/Registrar of Title as appropriate immediately after recording of the Development Agreement and prior to the recording of any documents affecting the Property including but not limited to any mortgage granted by the Developer or owners, their successor and/or assigns. Developer shall submit to the City Engineer proof that this roadway and utility easement has been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office. No building permit shall be issued for the Property until proof of filing of the road and utility easement in accordance with the terms of the Agreement has been furnished to the City. 17. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70, Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction,and location of any such sign,consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code,Section 11.70, Subdivision 5a. 18. SITE LIGHTING: Prior to issuance of a building permit for the Property,Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 19. TRASH: Developer agrees that all trash, trash receptacles and recycling bins shall at all times be located inside of the trash enclosures depicted on the Plans. 20. TRASH ENCLOSURE: The trash enclosure shall be constructed of materials and located consistent with the Exhibit B plans. Developer shall complete installation of the trash enclosure prior to issuance of any occupancy permit for the Property. 21. TREE LOSS-TREE REPLACEMENT: There are 94 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 56 diameter inches. Tree replacement required is 45 caliper inches.Prior to the issuance of any grading permit for the Property,Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 45 caliper inches. Prior to issuance of any grading permit for the Property,Developer shall furnish to the City Planner and receive the City Planner's approval of a tree replacement bond equal to 150%of the cost of said improvements as required by City Code. Developer shall complete implementation of the approved tree replacement plan prior to issuance of any occupancy permit for the Property. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. [signatures on following pages] CITY OF EDEN PRAIRIE By Nancy Tyra-Lukens Its Mayor By Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2013, by Nancy Tyra-Lukens and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public CAFE HOLDINGS MN LLC By Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2013,by , the , of Café Holdings MN LLC, a North Dakota limited liability company, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A DEVELOPMENT AGREEMENT—PEOPLES ORGANIC COFFEE & WINE BAR Legal Description Lot 1, Block 2, Minnesota Tree Fourth Addition, Eden Prairie, Hennepin County, Minnesota EXHIBIT B DEVELOPMENT AGREEMENT—PEOPLES ORGANIC COFFEE & WINE BAR Cover Sheet, stamp dated City of Eden Prairie Planning Dept. October 1, 2013 Boundary&Topographic Survey dated November 27,2007 by Anderson Engineering of Mn,LLC Grading Plan, Sheet C.1, dated 9/3/13 by WCL Associates, Inc. SWPP Plan, Sheet C.2, dated 9/3/13 by WCL Associates, Inc. Utility Plan, Sheet C.3, dated 9/3/13 by WCL Associates, Inc. Landscape &Exterior Lighting Plan, Sheet L-1, dated 9/3/13 by WCL Associates, Inc. Exterior Elevations, Sheet A-1, dated 9/3/13 by WCL Associates, Inc. Site Plan, Sheet AS1, dated 9/30/13 by WCL Associates, Inc. Floor Plan, Sheet A2.0, dated August 12, 2013 by WCL Associates, Inc. EXHIBIT C DEVELOPMENT AGREEMENT—Peoples Organic Coffee & Wine Bar I. Prior to release of any building permit for the Property, Developer shall submit to the City Engineer for approval two copies of a development plan(1" =100' scale) showing existing and proposed contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100-year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks,trails, and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property,the Developer, the Owners, and their respective successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: EDEN PRAIRIE MARKETPLACE LLC With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval,Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601,et. seq.,or Minn. Stat., Sec. 115B.01,et. seq. (such substances, wastes,pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property,any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss,costs,damage and expense,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been,used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12,Subdivision Regulations,of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to the issuance of land alteration permit for the Property, Developer shall pay to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property (including installation costs,if any,as determined by electrical power provider),engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall,prior to the commencement of any improvements on the Property,provide written notice to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable,9705 Data Park,Minnetonka,Minnesota 55343. XIII. Prior to issuance of a building permit for the Property, all fees associated with the building permit shall be paid to the Inspections Department, including; Building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to issuance of a building permit for the Property,except as otherwise authorized in the approved Plans, existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to issuance of a building permit for the Property,Developer shall provide two copies of an approved survey or site plan(1"=200 scale)showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges.No execution on any claim,demand,cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 1/2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of the post. XIX. Within 10 days of the approval of the Development Agreement,the Developer shall record the Development Agreement at the County Recorder and/or Registrar of Titles. No land alteration or building permits for the Property shall be issued until proof of filing of the Development Agreement is submitted to the City. XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the "Security")is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City;provided however if the nature of the cure is such that it is not possible to complete the cure within ten(10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security,as appropriate,upon five (5)business days notice to the Developer,for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty(30)days prior to the expiration of the Security and if the Security has not then been renewed,replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. XXI. The Developer hereby grants the City, it's agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person,including the public at large, so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof,or otherwise give rise to any cause of action for any person not a party hereto. XXIII. Except as specifically authorized by the Director of Public Works,no permit shall be issued for the Property until the Developer has recorded the Development Agreement with Hennepin County Recorder's Office/Registrar of Titles' Office. EXHIBIT D DEVELOPMENT AGREEMENT -PEOPLES ORGANIC COFFEE & WINE BAR RIGHT OF WAY EASEMENT The undersigned Grantor(s) for and in consideration of One and no/100 Dollars ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, do hereby grant and convey to the City of Eden Prairie, a municipal corporation of the State of Minnesota, (Grantee), a perpetual easement for right-of-way and utility purposes over, under and across the following described land situated in the County of Hennepin, State of Minnesota, to wit: The North Five feet(5') of Lot One (1), Block Two (2), Minnesota Tree Fourth Addition, according to the recorded plat thereof, Hennepin County, Minnesota. Grantors hereby convey all grasses, shrubs, trees and natural growth now existing on the easement hereby conveyed. Grantee shall have the right to use and remove all earthen materials, structures, improvements and obstructions which lie within the boundaries of the easement described herein, including the right of clearing the easement area to allow for the use of the land as stated herein. The perpetual right-of-way and utility easement granted herein includes the right of the Grantee, its contractors, agents, and employees to enter the premises at all reasonable times for the purpose of locating, constructing, reconstructing, operating, maintaining, inspecting, altering and repairing within the described easement area a public right-of-way, utilities or other public facilities, utilities, or improvements of any type that are not inconsistent with right-of-way and utility use. The easement granted herein also includes the right to cut,trim,or remove from the easement area trees, shrubs, or other vegetation as in the Grantee's judgment unreasonably interfere with the easement or facilities of the Grantee, its successors or assigns. The Grantor shall indemnify, hold harmless and defend Grantor from any costs, expenses, damages, demands, obligations, including penalties and reasonable attorney's fees, or losses resulting from any claims, actions, suits or proceedings based upon a release or threat of release of any hazardous substances,pollutants, or contaminants which may have existed on, or which relate to, the easement area or Property prior to the date of this instrument. Further, Grantors for themselves, their heirs, executors, administrators and assigns do hereby release the City of Eden Prairie, its successors and assigns, from all claims for any and all damages resulting to said land by reason of the location of said right-of-way and utility easement. Grantors warrant they are the owners of the above described premises and have the lawful right and authority to convey and grant the easement herein granted. This agreement shall run with the land and is binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. EXECUTED as of this day of , 200_. OWNER EDEN PRAIRIE MARKETPLACE,LLC By;NOT TO BE SIGNED Its: NOT TO BE SIGNED STATE OF MINNESOTA ) ) SS COUNTY OF ) This instrument was acknowledged before me this day of , 2013, by the of Eden Prairie Marketplace LLC, a Wisconsin limited liability company, on behalf of the company. Notary Public This instrument drafted by: Richard F. Rosow Gregerson, Rosow, Johnson&Nilan, LTD 650 Third Ave South, Suite 1600 Minneapolis, MN 55402 OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN EDEN PRAIRIE MARKETPLACE LLC AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT,made and entered into as of October 15,2013,by and between Eden Prairie Marketplace LLC ("Owner"), and the CITY OF EDEN PRAIRIE ("City"): For, and in consideration of, and to induce City to adopt Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Amendment within the Commercial Regional Service Zoning District, and Resolution No. for Site Plan Review, as more fully described in that certain Development Agreement entered into as of October 15, 2013,by and between Café Holdings MN LLC and City("Development Agreement")pertaining to that certain Property described on Exhibit A hereto, Owner agrees with City as follows: 1 If Café Holdings MN LLC, fails to commence development in accordance with the Development Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the Development Agreement within 24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of Resolution No. . for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Amendment within the Commercial Regional Service Zoning District, and Resolution No. for Site Plan Review, identified above, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 2. This Agreement and the Development Agreement shall be binding upon and enforceable against the Property and the Owner, their successors and assigns of the Property. 3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of"Developer" in the Development Agreement. Neither the Owner or transferee are required to develop the property in accordance with this Agreement, so long as Owner or transferee obtain such approvals as are required by City Code to develop the Property in a manner other than as set forth in this Agreement. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNER: Eden Prairie Marketplace LLC By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2013, by the of Eden Prairie Marketplace LLC, a Wisconsin limited liability company on behalf of the company. Notary Public CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Mayor 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, respectively the Mayor and City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the city. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A - OWNERS SUPPLEMENT Legal Description Lot 1, Block 2, Minnesota Tree Fourth Addition, Eden Prairie, Hennepin County, Minnesota RIGHT OF WAY EASEMENT The undersigned Grantor(s) for and in consideration of One and no/100 Dollars ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, do hereby grant and convey to the City of Eden Prairie, a municipal corporation of the State of Minnesota, (Grantee), a perpetual easement for right-of-way and utility purposes over, under and across the following described land situated in the County of Hennepin, State of Minnesota, to wit: The North Five feet(5') of Lot One (1), Block Two (2), Minnesota Tree Fourth Addition, according to the recorded plat thereof, Hennepin County, Minnesota. Grantors hereby convey all grasses, shrubs, trees and natural growth now existing on the easement hereby conveyed. Grantee shall have the right to use and remove all earthen materials, structures, improvements and obstructions which lie within the boundaries of the easement described herein, including the right of clearing the easement area to allow for the use of the land as stated herein. The perpetual right-of-way and utility easement granted herein includes the right of the Grantee, its contractors, agents, and employees to enter the premises at all reasonable times for the purpose of locating, constructing, reconstructing, operating, maintaining, inspecting, altering and repairing within the described easement area a public right-of-way, utilities or other public facilities, utilities, or improvements of any type that are not inconsistent with right-of-way and utility use. The easement granted herein also includes the right to cut,trim,or remove from the easement area trees, shrubs, or other vegetation as in the Grantee's judgment unreasonably interfere with the easement or facilities of the Grantee, its successors or assigns. The Grantor shall indemnify, hold harmless and defend Grantor from any costs, expenses, damages, demands, obligations, including penalties and reasonable attorney's fees, or losses resulting from any claims, actions, suits or proceedings based upon a release or threat of release of any hazardous substances,pollutants, or contaminants which may have existed on, or which relate to, the easement area or Property prior to the date of this instrument. Further, Grantors for themselves, their heirs, executors, administrators and assigns do hereby release the City of Eden Prairie, its successors and assigns, from all claims for any and all damages resulting to said land by reason of the location of said right-of-way and utility easement. Grantors warrant they are the owners of the above described premises and have the lawful right and authority to convey and grant the easement herein granted. This agreement shall run with the land and is binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. EXECUTED as of this day of , 2013. OWNER EDEN PRAIRIE MARKETPLACE,LLC By: Its: STATE OF MINNESOTA ) ) SS COUNTY OF ) This instrument was acknowledged before me this day of , 2013, by the of Eden Prairie Marketplace LLC, a Wisconsin limited liability company, on behalf of the company. Notary Public This instrument drafted by: Richard F. Rosow Gregerson, Rosow, Johnson&Nilan, LTD 650 Third Ave South, Suite 1600 Minneapolis, MN 55402 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 15, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC 13-5845 ITEM NO.: VIII.E. Mary Krause Approve Plans& Specifications and Order Public Works/Engineering Advertisement for Bids for dredging of pond for Olympic Hills Stormwater Improvement Project Requested Action Move to: Approve plans and specifications and order advertisement for bids for Olympic Hills Stormwater Improvement Project. Synopsis With the assistance of HTPO, the Engineering Division has prepared plans and specifications for dredging accumulated sediments within an existing pond located within the Olympic Hills Golf Course. Council approval will allow the projects to be advertised for bid. Background Information The pond is located within the Olympic Hills Golf Course. Sediment accumulation within the pond was identified through field inspection and testing as part of the City overall stormwater pond inventory. Some of the sediments are contaminated with heavy metals and poly-aromatic hydrocarbons (PAHs) and will therefore require special disposal requirements. All of the sediments removed from the pond will need to be removed from the golf course. With the private improvements currently being undertaken by the Olympic Hills Golf Club the timing of the City dredging project simultaneously will reduce impacts of the project to the golf course and minimize project costs by coordinating the two projects. Project Schedule Construction is anticipated to begin in January or February 2014 with completion by July 2014. Financial Implications The anticipated construction cost is$250,000. The costs will be paid out of the stormwater utility fund. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 15, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: 13-5839 ITEM NO.: VIII.F. Carter Schulze Award Contract for Purchase of Public Works/Engineering Materials for 168th Ave Retaining Walls Reconstruction Project Requested Action Move to: Award contract for purchase of materials for the 168th Avenue Retaining Walls Reconstruction Project to Eull's Manufacturing Co. Inc. Synopsis The portion of W 168th Avenue between North Manor Road and Chatham Way contains failing wooden tiered retaining walls on each side of the road within the right of way(see attached photos). This project will replace the wooden walls with two new concrete large block retaining walls in their place (see attached photo). Background Information The existing wooden retaining walls were installed when W 168th Ave was constructed through from N Manor Rd to Chatham Way in approximately 1981. The tiered walls have since deteriorated and began to bulge out towards the roadway. The proposed large block retaining walls will replace the walls with something more substantial and permanent. The concrete walls will be stained with new fences installed on top. Financial Implications The contract to purchase the wall materials, including both walls, has a cost of$37,705.20. The project will be financed by the Streets Division. It is anticipated that City crews will provide the labor and equipment to install the walls. Attachments • Contract • Preliminary Project Plans • Photos of existing walls • Photo example of proposed wall Standard Purchasing Contract This Contract ("Contract") is made on the 15th day of October, 2013, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Eull's Manufacturing Co, Inc., a Minnesota Corporation (hereinafter "Vendor") whose business address is 3187 LaBeaux Avenue N.E. St. Michael, MN 55346. Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for Reconstruction of W 168th Ave Retaining Walls hereinafter referred to as the "Work". The City and Vendor agree as follows: 1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. The terms of this Contract shall take precedence over any provisions of the Vendor's proposal and/or general conditions. 2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by July 31, 2014. 3. Compensation for Services. City agrees to pay the Vendor $ 37,705.20 as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A. 4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. 5. Staffing. The Vendor has designated Kevin Eull and Marty Gray to perform the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Vendor may not remove or replace the designated staff without the approval of the City. 6. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. 7. Insurance. a. General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,500,000.00 for each person, and each occurrence, for both personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Vendor's services under this Contract. 8. Indemnification. Vendor will indemnify City and hold it harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its agents or employees. 9. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination. 10. Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City. 11. Non-Discrimination. During the performance of this Contract, the Vendor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, or age. The Vendor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Vendor 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. 12. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be provided under this Contract with the exception of Engineering and Concrete Staining in accordance with attached Exhibit A; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City. 13. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City. 14. Compliance with Laws and Regulations. Vendor is responsible for knowing of and abiding by all statutes, ordinances, rules and regulations pertaining to the type of services provided pursuant to this Contract; including, as applicable, the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. 15. Audits. The books, records, documents, and accounting procedures and practices of the Vendor or other parties relevant to this agreement are subject to examination by the City and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this contract. 16. Conflicts. No salaried officer or employee of the City and no member of the Council, or Commission, or 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. 17. D In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 18. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 19. Severability. The provisions of this Contract are severable. If any portion hereof is, far any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 20, Entire Agreement. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided heroin. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager VENDOR By: 4_0. l Its: n EULL'S MANUFACTURING CO INC FULL'S 3187 LABEALIX AVENUE NE Si. Michael, MN 55376 MANI-1IACTURIf C P: 763-497- 742 F: 763-497-4634 Web: MIrw.eulismfg.com Exhibit A City of Eden Prairie: Project: West 168th Ave — Redi-Rock Retaining Walls Project Grand Total: $37,705.20 Staining Contractor: PG — Kirk Coughlin — wall staining to be completed — 2014 Engineering: Gray Engineering — Marty Gray- engineering includes final design and plans. Qiality you Can. Depend On...Strength You Can Build on EUL2S :41 ANUF,A.CTLTRIG Date: 91712013 Project West 168th Ave- Eden Prairie-East Wall Approx Project Size 1,095 Redi-Rock Face Style Limestone Number of Units Description Price Per Unit Total Unit Cost 15 60'Bottoms $115.00 51,725.00 9 60" Middles $115,00 51,035.00 13 41'Bottoms $80.00 $1,040.00 43 41" Middles $80.00 $3,440.00 6 28'Bottoms $74.00 $444.00 66 28'Middies $74.00 $4,884.00 2 28" Half Middles $37.00 $74.00 34 Tops $74.00 $2,516.00 1 Top Corners $74.00 $74.00 5 Half Top Corners $37.00 $185.00 9 Delivery $20100 $1,800,00 1,095 Engineering $0,50 $547.50 1,095 Staining $1.75 $1,916.25 Base& Two Highlights $0.00 Sales Tax $1,252.54 Total Job Cost $20,933.29 Price Per SG Foot Including: Block, Freight $19.12 Engineering,5kai n i ng And Taxes Thank you for the opportunity to quote this project Kevin Eu!! Eull's Manufacturing -,,,- _.,.._ „. ...,-,. I .ELT,L, S MANUFACTURING 1UFACTURIN Date: 917/2013 Project ' West 168th Ave - Eden Prairie-West Wall Approx Project Size 888 Redii-Rock Face Style Limestone Number at Units Description Price Per Unit Total Unit Cost 10 601'Bottoms $115.00 $1,150.00 5 60' Middles $i 15.00 $575.00 14 41" Bvriorns $80.00 $1,120,00 40 41" Middles $80.00 $3,200.00 3 28" Bottoms $74.00 $222.00 51 28" Middles $74.00 53,774.00 4 28" Half Middies S37.00 $148.00 27 Tops $74.00 $1,998.00 2 Top Corners $74.00 $148.00 1 Half Top Corners $37.00 S37.00 7 Delivery $200.00 $1,400.00 888 Engineering $0.50 $444,00 888 Staining $1.75 $1,554,00 Base &Two Highlights $0.00 Sales Tax $1,001,91 Total Job Cost $15,771.91 Price Per SO foot Including: Block, Freight $18.89 En gineeri ng,Stain i ng And Taxes Thank you for the opportunity to quote this project Kevin Eull Eull's Manufacturing Bid date: Bid time: October 6,2013 10:15:10 AM Gray Engineering,LLC 612-616-3601 grayengineeringllc@usfamily.net Materials Quantity Estimate Project Number: GE 13-311 Soil Parameters: d,(Degrees) v(PCF) Block Product Used: Redi Rock 3149.2B2 Reinforced: 35 120 Client Eu11's Manufacturing Co.,Inc. Retained: 27 120 Client Contact: Kevin Eull Foundation: 27 120 Fax Number: by email only Project Name: W 168th Avenue Rein orcement Manufacturer: None Project Location: Eden Prairie,MN Grading Plan By: City of Eden Prairie Additional information available upon written request. Grading Plan Date: 9/19/2013 Notes: The soil parameters used for this preliminary quantity estimate were provided in the Report of Geotechnical Exploration and Review prepared by American Engineering Testing,Inc.,project number 28-00693,dated September 13,2013. This preliminary quantity estimate for block and geosynthetic reinforcement is meant to assist the contractor in preparation of a bid package. It does not include additional materials that may or may not be required to construct the wall(s)including but not limited to waste,filter fabric,draintile or other materials to address drop structures and other obstructions in the reinforced zone. It is the responsibility of the contractor to verify these quantities provided through their own estimate. Gray Engineering,LLC accept no responsibility for any discrepancies between quantities provided in this estimate and quantities required by the final approved design. East Wall West Wall Totals • Length of Wall(feet) 144 113 257 Number of 28"1/2 Tops 5 1 6 Number of 28"Top Corner 1 2 3 #of 28"Tops 34 27 61 Number of 1/2 28"Middles 2 4 6 Number of 28"Middles 66 51 117 Number of 28"Bottoms 6 3 9 Number of 41"Middles 43 40 83 Number of 41"Bottoms 13 14 27 Number of 60"Middles 9 5 14 Number of 60"Bottoms 15 10 25 Total Square Feet 1,095 888 1,984 Cu Yds of Leveling Pad 14 11 25 r -, r r I r I T T r T T it , r , it , l r , _ — —� QJ__ o_ ocovoo¢ ooaoIl lloll�lI j �i - J PI a y o oI dI I _ ^a I I u aI 1I_ IIo I_ I.I Iu l4 ,�! IDoI Is=ll loll III�II©1©I_�IIII©I�L� �19©Ilsll- oII®_OM��sa � ablII0MMll� , j J NN h kcaoollfmo=3..=.0==.c.0 l®II®01•2*mlhll®onmommommo®II®II•Emomm mEmomm imaso 3.Eh+ii +Eimmom—w z ©IImammlI�m Icmom=mILl®IIslem hII®II®IImam hIIsamll®IhI samIImamlI®4 OsaimII i a rar lls IlallollolIME II®iII®II®Il®IIafIIoIIoIIoQmeeel la f lilWOo1-lol Y { I II II®.l®ILzWO*91 f EIEEool Isa _ 1 J Z=II®E Isl dl b ll ll l�Ii o 0 ww �I_�I , L 1 L , L J L 1 I L L L L L a ! ! $ $ ! ! ! ! $ $ ! 4 ! ! ! ! ! ! ! ! $ a $ e s $ $ r ; Z i I I e I I e I I e I i e I I I IIIIIIIIIIIIII I W J 9 W2 F II. REDI ROCK Z N LS ®WALL 1 ELEVATION VIEW (sc.-15 rn 7 U 0 Z z J DRELIVI \ARY ONLY, NOT wN ' FOR CONSTRUCTION >_ _ " z Q1 7. i it �L m N Q 17 r , L , r T , ) m 0 0 [ 1{ L I { L -AA y . O - 0 - - 0 .,- - I _ I � I '_ I -• I " I � I'- I I - I - I - I P I - I I _ I '" I - I " I - 0." I � I " II _ I' " i 0 - 0) - 0 - 0) F' 0) -j 0 - 0 - 0)I- 0) -i Q 0 01- 0) - Q -;0 - 0 - m ,m - 0 - 0) i- 0) -i, w, T . . . .,. .,. I c " I c a I I . I I . n o . I I . n I . ASS I I 8 Z I W ®��L ROCK_ATION VIEMI J▪ Z SCUE-t:s Q 0 3 W o z Z i Z F w F Li LE z w k JwE F Q Q Z03C . WtE D. o F^Z < 2 w w p m wo= o Z NFe w __ _ a of:o o w DRETI �/ I \ARY ONLY, NOT a oo`ao FOR CO\STRUCTIO\ 3W' WALL ELEVA„DNS Memorandum f 1 ,, To: Interested Bidders ED E N From: Carter Schulze,Senior Project Engineer PRAIRIE Date: September 30,2013 LIVE•WORK•UREAM Re: Request for Quotes Reconstruct W168th Ave Retaining Walls Project 13-5839 The City of Eden Prairie is requesting quotes for a project intended to reconstruct two existing retaining walls along W168th Ave in Eden Prairie. Please supply separate quotes for each wall. The items to include in the quotes should include: 1) Engineering—Design and Installation Plans 2) Retaining Wall Block 3) Delivery 4) 3 Color Staining 5) Limestone Texture Evaluation of Quotes: The quotes will be considered on the basis of the total amount and awarded according to the lowest total reflecting the correct summation of all item extensions shown. The City reserves the right to reject any or all Proposals or to accept the Proposal deemed in the best interest of the City. Quotes will be subject to City Council approval. Communications: All communications relative to this project should be addressed to the Carter Schulze prior to the receipt of the quotes at City of Eden Prairie, Attn: Carter Schulze, Senior Project Engineer, 8080 Mitchell Road, Eden Prairie, MN 55344, cschulze@edenprairie.org or 952.949.8360. Additional Supplied Documents: The bidder shall utilize the geotechnical report and the preliminary plans included with this package to base their quote on. Work Sequence: The work on the easterly wall is planned to be undertaken during the fall of 2013 and the westerly wall in the spring of 2014. Please note any changes to the quotes if the City chooses to delay one or both of the walls until 2014. _ - General Noted � • ;•' - +'• '-y_ 11. PRELIMINARY' • E$(ISTING WOOD rXISTING CURB BOX • r _ WALLS y - Air • 7—EXISTING FENCE APPROXIMATE LOCATION OF PROPOSED EAST RETAINING WALL e • - 1R WET CAST BLOCK e7 to PROPERTY x x x li x , x ■ ■ m -, LINE o R=2p Xj X o xNI x - 8x ., 1 r- oa _-_____ _ '4 908.75 .11 11� 898.9 '904.4 •- 907.1• - �� 'SURVEY SHOT g TING CONCRETE SURVEY 1 SIDEWALK • BIOROLL ALIGNMENT EAST SECTION LINE W 16 8 TH AVENUE SIDEWALK SEE SHEET 3 ' • x T x X — v - s X r' G GG q Alignment — East Sidewalk PROFILE n EXISTING GROUND 910 — AT TOP OF WA_L 910 c. PLANS FOR g ESTIMATING No. ReHamo msaa oa<a .o PURPOSES ONLY. CONTRACTOR TO I / a°�— 905 SUBMIT SIGNED 905 OP DESIGN PLANS. I _ EDEN —1-- PRAIRIE ________- 900 I 900 RECONSTRUCT W 168TH AVE Q I RETAINING WALLS 0 EXISTING BACK OF r'1 SIDEWALK PROFILE 895 895 a n n e N 13-5837 oat m me, pV aw m$ w ma, Rm RR R w RR RR R RR P —9/19/2013 1 —1'-20' \0+50 0+00 0+50 1+00 1+50 2+00 E a�z 4- , . . li ` PROPERTY 4 PRELIMINARY . lir _. , LINE SURVEY SHOT . - — ' (TYP) rAPPROXIMATE LOCH^•ti,o ► f'EXIS2I-NG WOOD PROPOSED BEST RETp►Ml�f • •BALL 4 x PROPERTY IJ1 WET CAST BLOCK 1 ^l• ,r�� t LINE r k _. _ x v y w k EXISTING BITUMINOUS CURB SIOROLL ALIGNMENT SECSEErSHEETN3`� W 16 8 TH AVENUE , WEST BACK CURB EXISTING CONCRETE SIDEWALK Alignment — West Back Curb PROFILE EXISTING GROUND I ct 914 - AT TOP, OF WALL 910 945 ---______f 945 PLANS FOR CdE ESTIMATING ' ' PURPOSES OMLY --_ CONTRACTOR TO PROFILE OF `-- PRAIRIE SUBMIT SIGNED BACK OF CURB _.,-- 9p(} DESIGN PLANS_ ._ • 90 0 pd..... .... W team M1 vE 0 f1E AkNwc CT W o N Nl B95 ------ 895 94 8§d Rtl �R ' 02y 0 1 :131 rq ra ""Yc T3-5839 "' Pale kg g8 8 8g gg S gg Rg § 8g B Eg $'i Ei `9jtvxou 6+50 01-06 0t50 t♦40 1+30 21•00 Grurei Mar ,,� PRELIMINARY OM rr R WILT Am MICELOCAL Ee1.4 (,—______. 6'Or PE WFA...E r LOW f[ 6LL ♦ _ /r • \ e nz> / MeV `, 13wAwac •J — iI r wra.r.lt tag/ ; \\ srvel ,� - IVw.e u c - a wt a ux r.u� nor) , J 0f 101E Ws.EAvAtOlu \ / \\ r .. •^ /N—wy.Do.o r4.''r 3 Cr;E1GAw1.0( • ten. x vwi mt— I qr�/ usnaoLlAa Lran�`\ _rrRLYgp C� _ rn..a a cw �T'V...p.�+ f/�+crxa AR carts Cr MAYAN.vrwEs wow rae Ce a Il•^� 1 caw tL.L(a' _ v EreAvknw(OWES (WOE SuCCLir 3 RECWAEll =• uw} 1 .. i [ Wy xKRE su6dri Y.MaLMSn 35wt To 01PTn f'AS AENue00.N0 WWII NTH Eu0A0E J .—..WaWOKm C.CattL ue'ite6tlrt®owlTtn:— `A>0+r r0 001 A As MC nA-..rum CEASE c CILU smx11nk Fn..10 ACNE1E n[REOI.rHO P 11040 6P OR CCVACTD STNJETI lK TALL SO WFEN INN MOMgLyerv�: owfna omn MC 00.110 1(1313A u 0 m C Act 0 Sal (m ars to..) gy1HLN Sm1L u.1ww c11n50 srarc EErv.1c (....wn7 5.vsrr 10 AS oaccrm BY lit TIE I www PM SIMON./PROCTOR COO.. (....aw.1N0P� 16.law rr4OP[SSi A Y A%t sCAL° ONICTa mall. n ro x rnwn:r:. TYPICAL SECTION A—A i t 51 T rr e .o m DEN PRAIRIE r- RECON83 UCT TO 16aTM AVE n RFTAINIHG WALLS n N en NI 13-5839 r.d 9/16/2913 3' . i9' JJ 7 • •"?';','. %, - z?.. 410„..-;';‘,,'2:14- --.4%.,,-g.sf' t ..r* • --Ip-_,,, — . ;, .,,,-,41. . ... ,,a1P4.-.i 44•Lfi a, :-- ,,_, ., - .... L - - ' - I.',7.". . •- 0 ' .,.< :"4"'"Alle-,14C t'''' ' '•,.. '-.7,'" Tr- • ..77 ') •"'• ' , • .• --4'.4 ,,,0' .1 •__,.. . - '" • .',. '; ' .'NO.••' ' . - ;1-'4%, ; 6••i- --,... -•" 14' --,• ,_ ., . ..6„,, - ."-Z-:-.- -: -- ' ,. ...;•: "it...4 " . 14.-—-,?, —.g ,4orct-A . ,---„, -• , ' i , . - -' Zei( . '.'11 _ ' ' . ,'k,..._.' , .,,..;-,1.-,: --',., .','-,,,' -,,"."`. „Sr..,..,„*..e,-,..:.'4 ,...-4.-,,,, ,---\, i: „. ..,,,t, '•.,.:--,,- "'"4._ •1: ''.. '. '4'..-. -',4 ... Lli,:; :4:..4:L,....,-,',_';,,,'.i,r''‘Xets.A1 A.'..c.,,,.."...-,.-er....,-,..„.,"1.--. ' if,., ' ,. ..c.:; - - _• 4 4^. ', -- .---_---?'',.',•'''..4,."4'6'.'.''` `'..I 6 III I. .II', 'V .'.I. ...41'''''':'V'IIIII' II 1.°I..‘ i' .fIl.'.76-.421:14t--'`-'''.ir ' ' '`,'"- #"'''"`•-• ,it, ' .- - •• l' ,.,'4'r'.'Y k"14','4,'''' '''' 'L'' 6°1/2 •••:.;',4., • -':*•.y:' jec40-1, 'N,illifil.- ..,-„,; 44-4-_,.# 4- 'I.' ''' .4' . .' - ''' I ' '40 4 4-tiso' ,,,•• ,..t.t '. •qt.'''''-'•:ivit• 1'.-" ;,''...i:':.4,-,q--.6' •"' 4_,_3.!.. - --'• r,--0,,,f .•,.,". ,-._...4. ..,„J . .i . „ri. , .,,. . -4_'.' Td.',,",i ,ivii-. ,.•,111,._4 f -•:.,A.,01.•.•',..7,!'.%.'A .'.1,'',-;',..-..:-...1--- -_';1---:',...11.,. 0,',..-,i li-.14514N-4f.'*1.9.4'4 0'4'•f ''it 1 t - , : :• . - - ..4„.,,, .,... . ,- . ,,,,. _.,...4”.....,‘• '..:.,:tr• • ,,,,- -...--,„-:,,,,,4•.. ..,.,.. .,2,....,,,,....,..§,•,* i,.'4‘ -,1hultAgt,z4.1._.4.‘„,e',.._Ad,1 L4.1 t_c. • • . ., , .,',,- .',gLI.:-; '. :. , IL,w,....,-,, ,,- .-4-.4:"•.. L. v:.1.1 :-_,42',41..,..;-.- ••,,ik,...41\,.. ..,, ,4-8 ",-i$7., -.0.1 .-:"...--, ',. ..... - , 4•-• '....- - - ' ' ,r..-"-0.....-,,4,-- -' ,,. ' 4,-- r. .-. ,..4.... -.. 4.3,,'1,. L ,,L.. L'. .4‘....t*,.:1.4:\L'. : . ;.4 :,.. ',., ., ‘,.,. •iv , k . .„ • • - -,, . ' ,,. .k.-L4s-11,3.- A.' ':'\. -,''4,..-..A'0.(i . r• - -. . ',,,` '''..'0 .N.- ' '',;'..,' • '' '-•,' ' 1 r; . ..AAi.,..4.;),;,•.. w 4 : ._ ,......!..'"A•t1-'-'• , C,. ,,..,.1„. i., V.,,,,,:+444:",, ., ,,, -,''‘'< \L, '-' Lt'44 ': ..i...44:K12',.- 4- --,-,---:.-,44.4,•' ..L., \'-,--:4' :', .i'l-- 4'-- _ \s'.,.- , . L • _ _ 4,',4'. 411r4 .4 -Lfr--\.'.- ,:LI.,,_: . ..-i.-,...-:A-..ti" ,":"7,•-•4---;_._--' r -..-N't"'•.', j'...''/4" ' - ., ,•,, " ';',•:`.-i."'' " •?-r'2'.e%"....---,",. .744,•,,'"-;:",." ',. ',--_.,-64-_,__71! 7.,,. :::."•••!--.;,,..... y f , •. [ . '#.--31•, -1., -"",i--.. ."-'•"..": ""..- -'...z."-..' -- •-.77-::.‘ --.', t" . i' \', 7"— L",------," "..--.., - •• 6. , - -_ - ' ''. i . , , . / „ . -... •,, ir,_ ..-...,_- -_.,.. ... . .,, , ... . . ...,,..r - -: ,. . .... ,,,,....."L „:„.„,.., ,,,,,,,, ,....„ .. • . , ....„ / ,, ... . . --1 .-__----, „6„:,...,,_. . .,„ ..... .,.. . . . - 7•%" ‘,....-- .'17.7. --.07.,,76,....i ":.' • . _ _ -.7.-,,,,'-'a,...1--...,.„:•lik.3,,,v,.., ,,,.. .- • ._ • „....„,...,-,-.,„-6-.---_,;‘, ,.., . ‘. -•- ,_..._ ----A 16 .1 '"-::'' '• -:: . ' •"---,..'-'=---"='-'-'---''•\.!",:., • --- ' -..-6 ''. -... „6 C.: ' - Q-'-•".: ,...004:' -4. A4$•-€.7--- ' .--"6--- "' -'--"''-•-.L.r&---*A- iri:e,..-\.`rt-s.;-.';---;— t.'-' --:::- -•:,rr,_,....-3--,...3.-., .,:-."-.::-.',„ - _"5,y.•".L-.„:".4S.."--• ,t,-..„.„ '-''-•'.'1---'.-,i,•. .. • , -.. _,„_-?:-- ,.. _,..... .__, ..... __- - = .- r.- - - - • ---------'-"--..: ..- -.1-.•:.---. ,-6k----:-.-..A ":-_3._.57,-...1-,-„,....J.. - - ' .".;• -,•- :-...r - ., ..., . . .' ., N'Ikeib-,.*..,4:-,:•.-':.•-.., :,_, _. . .11111111M. , • , .,....0., -, -, _al&..„Itiiilk- 41, :,,. ....,--- • r-- _,. .--.7'(t.'‘.4,.. '---,-"Ji.---:4'17:,ft. 11', -,• • ".• " 6',,,..;,, .. ' 4. ;01.17•77;l',/,7.'4W"; ,77:* - . te ,- '"- .• .1 ,,(oi •-• -,!:•),;.64,11,,ir '.I ,zt... •;, , ...' -- ,:•.. ... , , W- ,._''„,.%;-,i-1.,-t,' ' _AV; . - , .... _, ...1 -....„.... . A • 4, '''"- ' Of•, —, Arir,p ' '''' ' " -`,.• .....10 4 ‘,.., -,-',41, •Iik.-_,,,... .fi• -• .•,..-...• -1-?_.. -1.-%,- 1.. .. .•-•.5, - ,r- :„ r• . -, ., 4i,f i, ...., L.,--.6,•J__. At*- ir 'tr.-i..‘ . A i' 51 . 'I ''•:%. ••• ',‘,`,.\'...-.14''''.'''...f/4.••,4IT:^:‘,%, ,?..A.Vi'f•••t4.'.4' c..!.1 -', • ' -.;:tV At , . , - ' e,. --Lee,,1'.,..',--' '....V.r.r '.".;-le.veers sei.i.... .4..,4.. „,..., .., 4' k ,5,-',..•4-\ -.,..,,,,y.:.,,.elt--.-1 •,.-,.---s'•:"it.- . I,"• ( , . ' ' •,•:7-;,. '..i ,'...:,.. -p,1 k % , , ',,,,,,:,_-,,,,.... --.,..,,,,- -,,, ... , . •.. -k .••••— • .,),••',-4,•-•f,•‘ 'KV. ' '''''" . --.''6''.'-',-' ''• -4-1`• 4'... ' '"?..,', ,.-'" ' "I • 7 ,.. . . ..„,....44‘, ,... . . . - .14i6-10 , • , . ..,-,,,t. 10.,..,......4 , • . ,... • .1.. - .. • ' 0' ',. ,i, :. ,„ .. "•,, ' :.*Y?-:-."'vviti . , , 1 1 ' . , .„,,,,,g,....•.,0,,E;tk iw,,,,.. . ., ,._- ..„ 1 141-11,Pit ,-.14.:.-, r.•••W"."--.•, 4 li;r"...•,-- - . _im'f-L_...,..•4:''' ,.... .r.,d , --"Boiro,• •- • •11...da--•,- , 7--.'"- - - - - i.....,•-• ...-..._ •,,,,:. .7-';'-'-'4* ' f 1. __._ - -_____ a' , . ' :.` -.:' -,'...JP-Iiii'0"---,,`"-A• '.0.,., ,4144.r..w.."4 ::: -110j7illi'' iir*4.."74°4---.- a7:::'--,'-2:-2 4 rt• - - p.-------7*--F,..-(----7r----- ,'.1',',-'V•-..--.-,-'1' ,r,.. , ".,'..!-,' , 'IF'.....,2!'.7, "-.e s",.Too, ..1, ' [ „.... " i Oillikai iL,,,.--,_-_...,„,,- , - — I- ,... ..0. , . ., - .-_ ...,..a._ ,..,,• ,,,,,A, . ,„--• .N %___s.- 0 , slit ,, . . ......44.1.' _ ,.,• : •'•"---'--': - ;.--•:-. .,_ . - 1-_ , .. . _ ' . • - --;:-.1Silip.....,„_._:7-..•_.'`7"1,01M91111PIr -''' ___ __ . _. „___• -- ".;_i4A40.,-•rr' _ -.• ••• -•-•••,pir, .t • ' . h. AP ..• . - Q.; Alt.1•• 4. ' . 4 • dr 4 lir•..- . 41 . • .. • -t1114' f • ... I •• • . .4 pe; . • .. . Ali ill mic • .. . .,.. . . .. i ..I. .% . •41.- •• •• • -1.:••• • • 7i .. .• ' . . . • ...CL . •- 17• • Aliirer • . . . . . . - • .i. . . . '. 1 illi . . .. - -. - • -.• igli"Vi.1 . 1 • .•IF - . .• - -• - ) N. -• .I.. - .. ..7..7(.1•Zi' . .. ._..--..- -'-1:,5:7; .. . si._ ..:.. ....Arki- •.... •I 3 ..• ' •7...• . d•• . _ . 'N .f. . - _. •_ . . _ .. ... L .. — .,._ •d ir ii— r11 1 • , . -.-• iiki' , 114 . - " ' i : --r•-'-'- , , - L.•Oa ____---. , •. .--.- _- r I L_ ijoinii:-- _ _ - 1 . __ • _zo-- . r. I I ---•- _t•• : ._. —, !'-‘111--..-- ---r . r .. •• - . _1 = . . • ._,7- • --_,---'-'--- 1 1 --..---'-1-7 • 1. -I.2 M. , 11 • :- '. ki.V-P•A ': _-• 1- . . -.-••--- -.• J -.--.--.n- -.--.-'-'n-.-'.-r- - ••-•-•-. —.-.' .• I. ...„„ _. . •__ ...s Al• -i.--- 1 . •' '- .• - - - ..-• --.11.- -' 1 . . _ . • _ _ _-. - , • i : __ - • - i_ _. —J--ri-- .. ' .i- • _ _ _.__ .._... - - •' • . . . _ . ._ __ _ — . . . —-— • . . f . _ _._ . . • : -r ' ••e ...1 - - r - •- .- _ _ - -...-•. 1... — _ _ ••••.. "" . 3 • d.-I =41116111111111111111:411114%E. " . . , --dm- . t • • • -• : r .•• . : ; t •. ... • • I i I • ". " .". .. 1.. j . . .1M....111.1111111N. .. 7._ . ' • .. _ _ 1111111111111114414%6. . _ ___.-- 7 , 1.----,Z• ' . '•.- L.! ri'm. 111111111/4"41111111111k 1 — _ IIIIIrk 1141V .-..... - . - kw E. ..._ • 4 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 15, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: 11-5800 ITEM NO.: VIII.G. Carter Schulze Approve appraised values for Shady Oak Road South Acquisitions Public Works/Engineering Requested Action Move to: Approve appraised values for Shady Oak Road South Acquisitions Synopsis The City Council previously authorized the City Engineer and City Attorney to pursue the acquisition of easements for the southern segment of the Shady Oak Road Improvements. This action approves the appraisals that were completed for the property acquisitions. Background Information Minnesota State Statutes Chapter 117 requires an approved appraisal of value. The City Council previously authorized the City Engineer and City Attorney to pursue the acquisition of easements for the southern segment of the Shady Oak Road Improvements. Market Value Appraisals for each parcel have since been received and the values for each parcel are as follows: Parcel 21 — $111,165 Parcel 22 — $279,875 Parcel23 — $118,500 Parcel 24 — $2,600 Parcel26 — $110,250 Parcel 27 — $22,750 Parcel 28 — $233,125 Parcel 29 — $34,300 Parcel 30 — $51,050 Parcel31 — $10,800 Parcel 34 — $22,500 Attachment Parcel Map 02-1Ib-2-2-I1{-0oLi5 ClI4DY GAS Sov1-A 01 - I1b- 22 - 23- 00t2 PA ace, )1A / . . A % 'lc\ ''4'.. of-t« 22-23-/ / 5/17/13 ( 21 i j 34�-..�° � � j O d ...__T tel. • ,, / - °a - -----7 . � \\ p1-116_22 3i-0028 .„_.,...,..... j. '\ b / i3 \ \' ° ° _ 22 • a.. L, / / ° r r`/ �xA` X a V 1 °° 1 D I b 31:00tii 00 .,6. '''''°°'''''''',4 ,' A 23 of ►I 2 r►ot5 ° � b-22-3 01-116-22- 2-boo6 °fl 3I 4-. b;XY- ' / �/ p1-I1b-22-42-0010 0I - I1b-23 � 2-Oolq o ,,� - _ 01-ii(0-7-2-3Z.4)ot0 � 3t� '� ,�i 2-617.: ar ' " w ik • r--) t.* 2 • ° er O l -1 I (� -2-2 32- 0002 �, � ° \ '\ °°°- ° DI-110-22-3q-oot 1 ° w e i ( 29 r- 01-11b-22-v -0017 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda October 15, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.H. Sue Kotchevar, Office of the Approve updated Capital Asset Policy City Manager Requested Action Move to: Approve the updated City of Eden Prairie Capital Asset Policy. Synopsis The Fixed Asset Policy was updated to provide more detail and clarification to various sections of the policy including the following: • Additional detail about the City's use of the modified approach when capitalizing its Infrastructure Assets. • Additional detail about the City's adherence to GASB 51 when capitalizing eligible software. • Additional detail and clarification about how the City determines Repairs and Maintenance vs. Improvements/Betterments • The addition of a"Decision Tree"to simplify questions of expense vs. capitalize. • Minor adjustments to the Useful Lives table to match the City's current capitalization process. Attachment Policy City of Eden Prairie Capital Assets Policy General Capitalizable Assets The City of Eden Prairie will recognize all items with a per unit value of$25,000 or more and a useful life of over one year as a capital asset. Listed below are the only exceptions to this policy: Autos Vehicles will be recognized and recorded as capital assets regardless of per unit value. Easements Easements with a value of$100,000 or more and a useful life of over one year will be recognized as a capital asset. They will be considered intangible assets. The City's intangible assets are included in the Land category and are not amortized. If there are easement costs associated with a construction process and the easement costs are less than $100,000,the easement costs will be included in the construction asset as a whole. Easements picked up during the construction process will be included with and amortized as part of the asset as a whole. Infrastructure The City has elected to use the modified approach for its infrastructure assets;this method is allowed by GAAP provided the infrastructure assets are properly maintained on an ongoing basis. The modified approach presumes that an infrastructure asset has an indefinite useful life; therefore, it is not depreciated. In addition,the cost of a replacement must be treated as an expense of the period rather than capitalized. The City will capitalize new infrastructure projects. The City will expense any projects that replace existing infrastructure. If a project has both new and replacement elements, a percentage of each will be obtained from the Engineering Division. Replacement portions will be expensed. New portions that exceed the City's$25,000 threshold will be capitalized. Software Regarding the capitalization of software, the City follows GASB 51. Software which meets the City's $25,000 threshold on a per unit basis will be capitalized. This includes both off-the-shelf and internally generated software and significant upgrades. Following GASB51, only the Application Development Stage of any software development or implementation will be capitalized. Depreciation The City of Eden Prairie uses the straight line method of depreciation. If the asset was purchased before the 15`h, a full month of depreciation will be taken; otherwise the asset will not be depreciated until the following month. Repairs and Maintenance vs. Improvements (Betterments) Repairs and Maintenance "Governments often expend resources on existing capital assets. Most often,these expenditures simply preserve the asset's utility. Any outlay that does no more than return a capital asset to its original condition, regardless of amount, should be classified as maintenance and repairs [...]and recognized as expense when incurred."' Improvements(Betterments) If the costs incurred provide additional value "either by 1) lengthening a capital asset's useful life or 2) increasing a capital asset's ability to provide service (i.e., greater effectiveness or efficiency), [...] the improvements should be capitalized and recognized as expense (i.e., depreciation or amortization) over the estimated useful life of the improvement." Z To help determine whether an item is Repair & Maintenance (to be expensed) or a Betterment (to be capitalized), the City of Eden Prairie uses the following Capital Assets Decision Tree. Using the decision tree below, projects such as trail overlay or roof replacement would be expensed. Items such as a trail extensions or the expansion of an athletic field would be capitalized. Capital Fixed Asset Decision Tree 1. Does the asset exceed the $25,000 capitalization threshold? Yes—go to question #2 No—expense 2. Is the asset brand new or an extension/addition of an existing asset? Yes—capitalize No—go to question #3 3. Does the cost incurred allow the asset to perform a new function it did not perform previously (not an enhancement of a function performed previously)? Yes—capitalize No—go to question #4 4. Does the cost incurred significantly increase the asset's effectiveness or capacity? Yes—capitalize No—go to question #5 5. Does the cost incurred extend the asset's useful life by at least 1 year (rather than maintain the asset's current original useful life). Yes—capitalize (Note: question #5 does not apply to infrastructure) No—expense it ' GOVERNMENTAL ACCOUNTING,AUDITING,AND FINANCIAL REPORTING,"Improvements v.repairs,"p.450 ACCOUNTING FOR CAPITAL ASSETS A Guide for State and Local Governments,"Improvements(betterments),"p.36-37 Valuation When establishing the value of a capital asset, one of the following valuations must be used: Actual Cost: The purchase price plus any additional charges incurred to place the asset in a position or location ready to serve the City. Additional charges consist of freight charges, site preparation costs, insurance on equipment while in transit, installation costs, legal fees and professional fees. Estimated Cost: If actual costs are not available, the City should use estimated costs in valuing the capital asset. This should only pertain to an asset purchased in prior years that was not given a value for the capital asset system. Estimated Fair Value Cost (Used for Donated Assets): The estimated amount at which a willing buyer would pay a willing seller, with both parties having knowledge of all relevant facts pertaining to the asset. Object Definitions Land - Any real estate purchased by the city. "Land frequently is closely associated with some other asset (e.g., land under a building or road). No matter how close this relationship may be, land should always be treated separately. Thus, land purchased to build a highway should not be capitalized as part of the cost of the highway."' Land improvements — These are permanent (i.e. non-moveable) improvements, other than buildings, that add value to land, but do not have an indefinite useful life. Examples include fences, retaining walls, parking lots, and most landscaping. Moveable items (e.g., picnic tables in a park) should be classified as "other assets." Buildings - Buildings are defined as permanent structures to house equipment, services or functions. Capitalized costs include the cost to build or the market value at acquisition. Costs such as land acquisition and demolition are not included as part of building costs. Auto - Trucks, vans, snow plows, police cars, other automobiles or parts added to these vehicles which will substantially add to the useful life of the asset. Machinery & Equipment—This category includes a wide range of assets: tools, lawnmowers, forklifts, dictating machines, audio-visual equipment, etc. Infrastructure— Defined as long-lived capital assets that normally are stationary in nature and normally can be preserved for a significantly greater number of years than most capital assets. Examples include roads, bridges,tunnels, dams,trails, sidewalks, and lighting systems. ACCOUNTING FOR CAPITAL ASSETS A Guide for State and Local Governments,"Individual major asset classes,"p.22 Distribution systems—Consist of storm drainage, water and sewer systems. Leasehold Improvements—Improvements to a building that the City is leasing. Other Assets-All other assets that meet the test of capitalized assets that are not included in one of the categories above will be classified as "Other Assets." Procedures Assigning Contact Person: It is the Director's responsibility to assign at least one contact person to be in charge of the division's capital assets. Finance will contact this person if any capital asset questions arise or actions are needed. The Contact Person is also responsible for resolving with Finance any problems that may occur during the year. Completing Forms: Whenever a capital asset is purchased, retired, transferred, or traded-in, it will be the Contact Person's responsibility to fill out the appropriate form and submit it to Finance. Conducting Year-End Inventory: Based on the schedule below, the Contact Person for each Department will be responsible for conducting a physical inventory at year-end. A listing of capital assets will be provided by Finance to the Contact Person. It will be their responsibility to check the accuracy of this listing by verifying the capital asset listing to the actual assets in their department. Any discrepancies or actual assets not recorded or since retired or scrapped should be noted on the capital asset listing. Once the inventory is completed,the forms should be submitted back to Finance. Schedule for Conducting Physical Inventory 1st Year 2nd Year • Autos • Land • Machinery& Equipment • Land Improvements • Other Assets • Improvement Contracts (Infrastructure) • Leasehold Improvements • Building Useful Lives Buildings 5-50 years Land improvements 10-50 years Leasehold improvements 10-25 years Equipment 5-30 years Autos 5-20 years Other assets 5-30 years Distribution system 50 years Intangibles 3 years Sample Capital Asset Form Please fill out this form when purchasing a new vehicle, selling an old vehicle, scrapping a vehicle, and selling or scrapping any fixed asset. Date: Vehicle Year/Color: Veh Model & Serial# Assigned Vehicle#: Type of Plates Needed: Department Location: Date Sold: Where Purchased: Please return this information to the Finance Department/Attn: Katharine Account Code Purchase Price Letter to Insurance Agent K:\Maintenance Facility\Cliff\Purchase 2011\103 CITY COUNCIL AGENDA DATE: SECTION: Consent October 15, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO: VIII.I. Administration, Alecia Rose, Letter Agreement with HealthPartners for Human Resources Manager Employee Health Insurance Requested Action Move to: Approve Letter of Agreement with HealthPartners for employee health insurance. Synopsis The City issued a request for proposal for employee health insurance coverage effective January 1, 2014 through December 31, 2014. Medica, Blue Cross Blue Shield and HealthPartners submitted qualified proposals. Proposed rate decreases in the proposals ranged from 9.5-19.6% in the first year. Second year rate cap increases ranged from 5-15% and only HealthPartners submitted a third year rate cap increase of 5%. City staff worked with CBIZ (health insurance consultants) and an employee benefit committee in selecting HealthPartners as the best proposal. The City will provide another high deductible health plan option with a Health Savings Account (HSA) and will discontinue the copay plans as of January 1, 2014. Attachment Letter of Agreement LETTER OF AGREEMENT HealthPartners and City of Eden Prairie HealthPartners,Inc. (hereafter referred to as"we", "us", or"our")agrees to provide for the period of January 1, 2014 ("Effective Date") through December 31, 2016, the health plan coverage as is described in the proposal received from us by City of Eden Prairie (hereafter referred to as "you", or"your") on August 5, 2013. This Letter of Agreement("Agreement") applies to the initial 12-month term of coverage and two 12-month renewal terms, for a total rate guarantee period of 36 months. The benefits offered will be the equivalent of what is currently described below. The monthly base rates are: Table 1 —Guaranteed Rates 2014 2015 2016 $1,000($1,250)Ded-80%VEBA Single $595.10 $624.86 $656.10 Single+ 1 $1,190.20 $1,249.71 $1,312.20 Family $1,413.36 $1,484.03 $1,558.23 $2,000 Ded-80% HSA Single $473.99 $497.69 $522.57 Single+ 1 $947.99 $995.39 $1,045.16 Family $1,125.74 $1,182.03 $1,241.13 We guarantee that, the lesser of these rates or the standard HealthPartners renewal calculation rate need, will hold for the duration of this Agreement,with the following exceptions: • The actuarial value of any new or increased premium taxes, assessments, other taxes, or changes in eligibility or benefits mandated as a result of healthcare reform legislation (including but not limited to the Patient Protection and Affordable Care Act enacted on March 23, 2010 [for example, the insurance industry fee,the excise tax on high cost plans, the comparative effectiveness fee]) or other plan terms or conditions required to be changed by law,may be added above and beyond the increase limit above. • Any enrollment change of more than 10%from the initial enrollment due to merger, acquisition, sale, or other reason will allow us the opportunity to revise this rate guarantee. • In the event the product initially sold is no longer being offered, the program that most closely resembles the initial product in terms of benefits will be offered at the renewal with appropriate actuarial values of any changes added to or subtracted from the increase above. • HealthPartners may terminate this Agreement if we are unable to perform our obligations as a result of events beyond our reasonable control, including, but not limited to, acts of God, natural disaster, war, pandemic, or destruction of service facilities. HealthPartners has entered into this three-year rate commitment within the context of establishing a long-term relationship. We will release a standard HealthPartners renewal calculation prior to the end of each contract period. In exchange for our rate guarantee, you must remain directly contracted with us on a fully insured basis as the only carrier offered to your employees through this or any other medical benefit offering. In the event you terminate the contract with us before the three-year term expires or offer any other health carrier during the three-year term you will pay us the Rate Differentials (as outlined in Table 3 between the Guaranteed Rates and the Standard Rates)times the last month's enrollment times the number of months remaining in the contract. In the event State or Federal law requires you to terminate the contract, HealthPartners may waive some or all of Rate Differentials. You may change from a fully insured contract to a self insured model with HealthPartners on January 1, 2015 with notification to HealthPartners by July 1, 2014. You may change from a fully insured contract to a self insured model with HealthPartners on January 1, 2016 with notification to HealthPartners by July 1, 2015. Self insured model includes all self insured arrangements being offered by HealthPartners at the time of transition. Kim HealthPartners page 1 of 2 10/7/13 Table 2—Standard Rates 2014 2015 2016 $1,000 ($1,250)Ded-80% VEBA Single $642.71 $674.84 $708.59 Single+1 $1,285.42 $1,349.69 $1,417.17 Family $1,526.43 $1,602.75 $1,682.89 $2,000 Ded-80%HSA Single $511.91 $537.50 $564.38 Single+ 1 $1,023.83 $1,075.02 $1,128.77 Family $1,215.80 $1,276.59 $1,340.42 Table 3—Rate Differentials: 2014 2015 2016 $1,000($1,250)Ded-80%VEBA Single $47.61 $49.99 $52.49 Single+ 1 $95.22 $99.98 $104.98 Family $113.07 $118.72 $124.66 $2,000 Ded-80%HSA Single $37.92 $39.82 $41.81 Single+ 1 $75.84 $79.63 $83.61 Family $90.06 $94.56 $99.29 You agree to comply with the HealthPartners' contribution and participation requirements and maintain the current employer premium and fund contribution strategy and plan offerings for the duration of this Agreement. If these terms and conditions are not met, HealthPartners has the option to make an actuarially appropriate adjustment to the rates up to and including not releasing renewal rates. You acknowledge that this Agreement is subject to all the terms and conditions of the Master Group Contract, which will be issued to you upon acceptance of your application for coverage. In order for this Agreement to be valid, it must be signed and returned to HealthPartners within 6 months after the group's initial effective date. If it remains unsigned for six or more months, it is null and void. If this agreement is not signed and returned within 30 days after the initial effective date, then the guaranteed rates will be increased by 1%for each month thereafter. The parties to this Agreement agree to proceed with the steps necessary to ensure a successful implementation of this program. City of Eden Prairie HealthPartners, Inc. Signature to Accept Date Douglas N. Smith Date Senior Vice President, Sales &Account Service I have read and understand the above agreement however; I am declining the rate guarantee. (Print Name) (Signature) Date Fitz HealthPartners page 2 of 2 10/7/13 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 15, 2013 ITEM DESCRIPTION: DEPARTMENT/DIVISION: ITEM NO.: Kristi Etter, IT Manager Fiber Expansion Project—Assignment of Phase 1 Construction Requested Action Move to: Consent to the assignment of the construction contract for Phase 1 of the fiber expansion project from Compass Consulting to its parent corporation Arvig Enterprises. Synopsis Phase 1 of the fiber expansion project was approved at the Council meeting on September 17,2013. The City awarded contracts to Compass Consulting for engineering and constructions services to expand the fiber network to the City liquor stores. Arvig Enterprises is the parent company of Compass Consulting and Arvig Enterprises will be performing the construction services. Compass Consulting will assign the construction contract to Arvig Enterprises and the City must consent to the assignment. Background Information The fiber expansion project will improve connectivity and provide a stable infrastructure to the City's remove locations by eliminating the need for the current Alvarion Wireless connections and creating redundancy in the network. The City has been working with Compass Consultants for the fiber network expansion for nearly 2 years. Attachment Assignment of Contract Construction Contract between the City and Arvig ASSIGNMENT OF CONTRACT THIS AGREEMENT is made as of day of ,2013,by City of Eden Prairie a Minnesota municipal corporation("City"), Compass Consultants, Inc. ("Compass"), and Arvig Enterprises, Inc. ("Arvig"). RECITALS: WHEREAS City awarded Compass a certain contract for Construction Services for Phase 1 to expand the fiber optic network within the City at the City Council meeting held on September 17, 2013 ("Contract"). WHEREAS Compass is a subsidiary of Arvig. Arvig will be performing the construction services for the fiber optic network expansion and Compass seeks to assign the Contract to Arvig. NOW, THEREFORE, in consideration of the mutual promise and agreements made and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged: 1. Compass hereby grants,transfers and assigns to Arvig all of its right,title and interest in and to the Contract. 2. Arvig hereby consents to the assignment and agrees to perform all of its obligations under the Contract for the benefit of City 3. The City hereby consents to the assignment of the Contract from Compass to Arvig. 4 This Assignment shall be binding upon and inure to the benefit of the City,Compass, and Arvig and their respective heirs, successors and assigns, as the case may be. 3. This Assignment may be signed in more than one counterpart,together which shall constitute an original document. IN WITNESS WHEREOF, City, Compass and Arvig have executed this Assignment as of the above date. CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Mayor Rick Getschow, City Manager COMPASS CONSULTANTS,INC. By: Its: By: Its: ARVIG ENTERPRISES, INC. By: Andy Klinnert Its: By: Its: FIBER OPTIC CONSTRUCTION AGREEMENT BETWEEN ARVIG ENTERPRISES,INC. AND THE CITY OF EDEN PRAIRIE PHASE 1 THIS FIBER OPTIC CONSTRUCTION AGREEMENT PHASE 1 ("Agreement") is entered into between ARVIG ENTERPRISES, INC., a Minnesota corporation (hereinafter referred to as "Arvig") and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation (hereinafter referred to as the "City"), Arvig and the City collectively hereinafter referred to as the "Parties". RECITALS A. Arvig has constructed and maintains fiber optic networks ("Existing Network") in the City. Arvig provides fiber optic service over the Existing Network. B. The Parties are interested in constructing and installing additional fiber ("Additional Network"), connecting the Additional Network to the Existing Network, and establishing a lease agreement detailing ownership, maintenance and service related to the Additional Network. C. The Parties desire to enter into this Agreement to outline their respective duties and obligations as it relates to above-described construction, installation,maintenance, and service. NOW, THEREFORE, in consideration of their mutual covenants the Parties agree as follows: 1. DEFINITIONS. The following terms and phrases as used in this Agreement shall mean: A. "Agreement" means this fiber optic agreement between Arvig and the City for construction, installation, maintenance, and service related to the Additional Network. B. "Additional Network" means the fiber constructed and installed pursuant to this Agreement as set forth on Exhibit A and consisting of the installation of fiber to the City's 3 liquor stores located at the following intersections: Eden Prairie Road and Highway 5; Den Road and 78 Street West; and Prairie Center Drive and Highway 5. C. "Fiber"means a glass strand or strands which is/are protected by a color coded buffer tube and which is/are used to transmit a communication signal along the glass strand in the form of pulses of light. 2. ARVIG' OBLIGATIONS. A. Fiber Installation. Arvig shall: 1 of 9 i. Construct and install all fiber for the Additional Network consistent with current industry standards. All Fiber shall meet the specifications contained in RUS PE-90 attached hereto as Exhibit B. ii. Connect the fiber constructed and installed as part of the Additional Network to Arvig's Existing Network. iii. Take appropriate steps to protect existing materials and systems including floors, walls, and ceilings from damage. Arvig shall remove all water from exterior wall penetration and prevent other water related damage. iv. For any exterior below grade wall penetrations Arvig shall meet the following core drill requirements: - Seal to prevent water infiltration. -No visible light transmission or air movement through the opening area. -Patch openings to fill remaining wall opening,be flush with adjacent wall face and be watertight. Utilize non-shrink grout to fill openings. v. Provide reel end splicing for all Fiber. vi. Provide, as necessary, termination for all of the Fiber. vii. Conduct pre-installation check of Fiber optic cable - verify correct fiber optic cable distance, manufacturer's specifications, and check for material defects and document that the fiber optic cable is free from defects. Minimum of dB loss test of Fiber must be performed and results recorded for each Fiber prior to deployment. viii. Perform distance test, fiber optic cable loss test, event loss test, link loss, return loss, and link-return loss. All attenuation tests must be done at 1310 and 1550 nm. ix. Perform OTDR tests on all strands of the Fiber and store test results on floppy disk (Bellcore FMTAP format) and provide a printed report. All testing must be done through connectors and must be done in both directions. Testing must be done at both 1310 and 1550 nm. Shield continuity must be tested and verified after cable installation and splicing is complete. Optical power loss for each individual connector must not be more than 0.3 dB and for each splice point must not be more than 0.15 dB. 2 of 9 B. Laws, Regulations, Rules and Policies. Arvig shall perform all obligations pursuant to this Agreement in compliance with all applicable laws, regulations, rules and policies. Arvig shall obtain any required permits and permissions before commencing any activity under this Agreement. C. Notification of Construction and Installation. Prior to any construction or installation of the Additional Network, Arvig shall: i. Notify the City of the times and locations of the construction or installation; ii. Provide any affected property owners with reasonable notice of the construction or installation activities; and iii. Take all appropriate safety precautions including but not limited to installation of detour and caution signs for affected roadways. D. Restoration of Damaged Property. Arvig shall restore to its previous condition any property damaged by the performance of any obligation pursuant to this Agreement within 35 days of the occurrence of the damage. If Arvig fails to restore any property within 35 days, the City may restore the property and either invoice Arvig for the cost of the restoration or offset the cost of restoration against any amounts the City owes to Arvig. Arvig shall pay any such invoice within 35 days of receipt. E. Service. Arvig shall provide fiber service to all properties connected to the Additional Network. Arvig shall be responsible for all service, rate setting and invoicing. 3. CITY OBLIGATIONS. A. Fiber Connections to Laterals. The City will coordinate with Arvig in connecting the Additional Network to the buildings. B. Repair and Maintenance of Fiber. The City shall maintain the Additional Network to industry standards. The City shall be responsible for all costs of repair and maintenance. C. Locates. The City shall be responsible for all locates of infrastructure for the Additional Network including Gopher State One Call locates. The City shall bear the cost of all locates for the Additional Network. D. Payment. The City shall pay Arvig $75,000 for the construction and installation of the Additional Network. Upon the completion of the construction and installation of the Additional Network, Arvig shall provide the City with documentation detailing the completion. The City shall pay to Arvig within 35 days of receipt of the documentation and Invoice. 3 of 9 4. OWNERSHIP OF FIBER. The City shall own all fiber installed as part of the Additional Network. 5. RELOCATION OF FACILITIES. Any relocation of facilities shall be in conformance with City policies. 6. GENERAL CONDITIONS. The City's General Conditions to the Standard Specifications For Construction are attached hereto as Exhibit C and incorporated herein as if fully set forth. 7. INTEGRATION. The entire and integrated agreement of the Parties as contained in this Agreement shall supersede all prior negotiations, representations, or agreements between the Parties regarding the Additional Network; whether written or oral. 8. AMENDMENTS. Amendments to this Agreement shall be effective only if in writing and executed by all Parties to the Agreement. 9. COUNTERPARTS. This Agreement may be executed in one or more counterparts, all of which shall be considered one and the same agreement and shall become effective when one or more counterparts have been signed by each of the Parties and delivered to the other Party, it being understood that all Parties need not sign the same counterpart. 10. SEVERABILITY. If any provision of this Agreement shall be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the Parties. 11. CONTROLLING LAW. The laws of the State of Minnesota shall govern all interpretation of this Agreement. Any legal actions shall be venued in Hennepin County, Minnesota. 12. CAPTIONS. The captions or section headings in this Agreement are for convenience only and in no way defend, limit, or describe the scope or intent of any provision, section or clause of this Agreement. IN WITNESS THEREOF, the Parties have caused this Agreement to be executed by their duly authorized officials. [Signature Pages to Follow] 4 of 9 ARVIG ENTERPRISES,INC. By: Andy Klinnert Its: By: Its: 5 of 9 CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Mayor Rick Getschow, City Manager 6 of 9 EXHIBIT A Depiction of Additional Network—Phase 1 7 of 9 EXHIBIT B Specifications 8 of 9 EXHIBIT C General Conditions 9 of 9 Eden Prairie City-Sites with potential for Fiber Optic connection Arvig EP School Est Dist Est Dist (ft)of Est Fiber Est Dist Est Const (ft)of Est Fiber Phase/ Fiber Lease/ (ft)of Cost of Fiber Fibers Lease/ Priority Site Street Address City Approx Lat Approx Long Lease Rt Fibers Mo Lateral Lateral Fibers Lease Rt Leased Month Engineering Notes 1/1 Liquor Store#1 Eden Prairie Road&Hwy 5 Eden Prairie 44 5149 N -93 29 13 W 6,910 2 $100.00 700 $ 8,400.00 $ 1,920.00 Connect to EP School fiber along Eden Prairie Rd-need location of closest HH 1/1 Liquor Store#2 Den Road&78 Street West Eden Prairie 44 5131 N -93 25 25 W 8,400 2 $100.00 1,350 $16,000.00 10,750 $ 2,850.00 1/1 Liquor Store#3 Prairie Center Drive&Hwy 5 Eden Prairie 44 5153 N -93 26 27 W EP School 2 $ - 4,250 $51,000.00 $ 6,700.00 $200.00 $75,400.00 $11,470.00 I I 0+00 CL Westgate Dr 1"= 100' N N �� LL Collector Ring ILEC CL Route C Liquor Store#1 N lv City Eden Prairie,MN W W County 1+94 ES HH au to rt JHl Hennepin Filename at'ro Site#10 Liquor Store#1 EDEN 0+00/3+58 CL West Gate Tr PRAIRIE Nvt•w0a1.9ltEl TRACKING Staked By: Dratted By: AA 9/5/13 Built By: 1+82 EOP As-Built By: Luther Way 2+04 EOP r MATERIAL LIST Description Quantity U-FOCXX X Sheldon Ave GSOC GOPHER STATE ONE CALL 1-800-252-1116 www.gopherstateonecaii.org Prepared by: 01'to� cumpassulltantsinc. SEE SHEET 10-002 10-001 SEE SHEET 10-001 1 O P °1.ta p—I 1 PARKING LOT 1 1 1"= 100' E SEE SITE PLAN `� 0+00 NH H 6+14 44 \ Collector Ring ILEC 0+44 ENTRANCE TO BUILDING L Route Liquor Store#1 City Eden Prairie,MN County Hennepin Filename * Site#10 Liquor Store#1 PARKING LOT N EVENMain St .ag,�e PRAIRIE a) wosg.pee.0 TRACKING n � CO L— ' LL Staked By: L 0— Drafted By: C 17 C W AA 9/5/13 Built By: CD W As-Built By. MATERIAL LIST State H Description Quantity wY 5/IN78th St u-Pocxx x State"wY5/w7gthSt State\ Nwys GOPH��STATE O�ALL 1-800-262-1116 State ywy S �gth St w ww.gopherstateonecal L org 1^. Prepared by: Yv/?8th Steompass loa„r 10-002 0+00 HH � 410 * i c i \ 1"= NA 0+44 ENTRANCE TO BUILDING tar l i N Collector Ring ILEC Route Liquor Store#1 City o Parking Lot Eden Prairie,MN county Hennepin Liquor$tore#1 Filename L. _ Site uor Store al Main St Wagner Way I ) I ) v E'DE#10 Liq #1 i PRAI RI E Parking Lot O J Parking LotCC NVF•wllal•GttGL CI Parking Lot TRACKING ------ Parking Lot 0- slaked By: --- ( V Defied By: < ) ) `_ �� w JDE 8/14/13 ( I Butt By: i -ROW As-Suitt By: / ) MATERIAL LT Deacdption QuaISntity State H U-FOCXX X WYS/w]SthSt ___ ROW State Hwy 5/W 78th St GSOC GOPHER STATE ONE CALL 1-800-252-1.1n ecal I.org www.gopherstate Prepared by: Site Plan 4494 * 1"= 100' Leona Rd Collector Ring ILEC Route Liquor Store#2 City Eden Prairie,MN County Hennepin Filename Site#5 Liquor Store#2 r 0•. EOP to EOP 46' EOP to EOP 58' DEN CL to BOC 27' CL to BOC 32' CL to 5 FOS 30' CL to FOS 4' RAI RI E CL to OS 30' CL to OS ' H L} TRACKING Staked By: ID 0 QJ LDF 8/20113 CC U "—'c Dratted By: DE sr6/13 a)C `V� Built By: As-Built By: CL. 1 a MATERIAL LIST Description Quantity o + U-FOC 1020' ti POSSIBLE PIPE FROM N — 24x36 Vault 1 HERE TOO-MARK ROOM C o CITY WILL CHECK INTO THIS U—FOC 0 o _I _ 0+94 RL i/w h1, \__ _ --- L °'' °' w a) _L 1IO20 --- ' _ .SEE SUB SE BAD 1 w mr L.---- - -1........... 8th St © 0+00 HH I ILC-004-3 .SEE A1P0003G-1� COIL- I-_ ___ oo' IoUT#5528E ' eei Poa oat GSOC / V n 46ry GOPHER STATE ONE CALL ' ENV ee 1010005185 COIL- 1-800-252-1116 B BBt I. www.gopherstateonecalLorg 10 Ta Ogi' lieeitt Tn Prepared by: INN RB01# CCninP8 s ultants Inc PerPerham.4,sAom 5-001 * 1"= NA 11 Parking Lot coneaor RingILEC Route Liquor Store#2 CONTACT FACILITIES DEPT I City BEFORE BLDG ENTRANCE �i 2 Eden Prairie,MN 952-949-8432 county 2 Hennepin Filename Site#5 Liquor Store#2 Parking Lot i ,.."...._ ° �zz. DEN ENTRANCE NORTH i OF GAS METERS I ,RAI RI E / x I an•w0ar.01 GY I Liquor Store#2 I I / TRACKING I Staked By: I LDF 8/28/13 Parking Lot I DJDEdey 9/6/13 I C Built : �,, Q As-BuilByt By: I MATERIAL LIST I I 1 Description Quantity U-FOC 252' Parking Lot 21 24x36 Vault 1 1 1 1 ROW 1 ROW SHEET 5 001 _— SEE W 78th St GSOC _ — GOPHER STATE ONE CALL 1-800-252-1116 i www.gopheretateonecall.org — ROW ___---------\______ ---—— Prepared by: Coompassitt.tei.. -� ROW wNr-o Site Plan L �. �. a �/y 1"= 100' 11 Se Collector Collector Ring n�` Route //� �rD� Liquor Store#3 City / Eden Prairie,MN // l- County /// a*3 Hennepin / Filename // Site#9 Liquor Store#3 9-001-1 / EN/ t - // mil 'OUTS // r g.,. Baa� DEN oF,0// '` ♦ ♦ 0 'RAIRIE 0$o/ ♦ :n•wo.r.ON MI '/ ♦• TRACKING Q///��� ♦ Staked By: • ♦` EOP to BOOP 400' LDF 8/22/13 n`. • /♦ CL toFOS 46' Drafted By: y�VV / CLb BOS 54' JDE 9/10/13 �`�G\- y' ♦♦♦ Built By: e`\�a •♦♦ L As-Built By: ,k4k\ ♦♦♦ y� MATERIAL LIST Description Quantity ♦ L .y U-FOC 834' 2 • Z U—FOC ♦ ly • • GSOC GOPHER STATE ONE CALL �C� O ♦♦ 1-800-252-1116 ♦ www.gopherstateonecall.org Construction Notes: All underground Fiber placed in(2)1.25"Conduits t.4 �♦ Prepared by: Fiber Depth 42",unless specified All Handholes are 24x36x24,unless specified d,"°w- ♦ Ca�.m ♦♦ oompasso�tii. ♦ omo,eom SEE SHEET 9-002 9-001 SEE SHEET 9-001 • • 4 • mw ♦ 1"= 100' ♦ I Collector Ring ♦ Route 9-002-1 ,�y. Liquor Store#3 srx 1 4R ♦♦ Cary w. log 4x ♦ Eden Prairie,MN Reel* �'e ♦ county �, �a, Hennepin Filename No Site#9 Liquor Store 93 do DEN • '%' o 1 RAI RI E ��` 6) :vr•wO.r,g.Eno �% I j TRACKING U—FOC W Staked By: �` = LDF 8/22/13 .` u) Drafted By: CU ♦` �I JDE 9/10/13 W Built By: W ...,` vJ As-Built By: ```` i.. MATERIAL LIST •.. I � Description Quavery U-FOC 1832' 24x36 Vault 1 EOP to EOP 76' CL to BOC 40' CL to FOS 48' CL to BOS 54' • GSOC GOPHER STATE ONE CALL 1-800-252-1116 www.gopherstateonecell.org Construction Notes: All underground Fiber placed in(2)1.25"Conduits Prepared by: Fiber Depth 42",unless specified All Handholes are 24x36x24,unless specified CCORI BSS P�e tteee i.. 9-002 1"= 100' 11 Collector Ring Route Ii Liquor Store#3 City✓/i/ Eden Prairie,MN Coun Henne In (( p Filename Site#9 Liquor Store#3 DEN CN __ o 'IZAI RI .*� so.....ioso' H TRACKING W '�- W - W Staked By: _ '' ,� W LDF 8/22/13 Valley View Rd 8 = Da ed By: CD "' JDE 9/10/13 W © es* W Built By: W ill '' �� W As-Built By: �_ View Rd 'S Valley MATERIAL LIST N�� �— ------------- �,$, $ Description Quantity i U-FOC 1050' 24x36 Vault 1 _T---- \U_FOC .C17 s 9 r5 SD_ 9-003-1 ..% wr ENV IOW I''COIL_ Y✓ Reel Q 0 1.. a GSOC GOPHER STATE ONE CALL 1-800-252-1116 .� w.awgopherstateonecell.org U Construction Notes: X Prepared by: W All underground Fiber placed in(2)1.25"Conduits Fiber Depth 42",unless specified CCORIp eons BSS All Handholes are 24x36x24,unless specified Aram,ion. 9-003 1"= 100' 11 Collector Ring EOP to EOP 76' CL to BOC 40' CL to FOS 46' Route CL to BOS 54' Liquor Store#3 City Eden Prairie,MN qI County Hennepin Valley View Rd Filename Site#9 Liquor Store#3 ElValley View Rd 0+00 HH DEN -604-, PRAIRIE C. tl COIL- T_ x INN IoSne wF•woae.ON E4Y ReeIx u—Foc TRACKING LLI a ��mq. Staked By: L ii LDF 8/22/13 I L Drafted By: 0 Q Q A JDE 9/10/13 LL.I L Built By: ,W aL�-x , As-Built By: v, C a) 4) 0 MATERIAL LIST 0 Q) Description Quantity 'L —1 2+32 EOP U-FOC 294' I-"_ CO 24x36 Vault 2 fZ CL. ROAD BEHIND LIQUOR STORE LL SEE SITE PLAN 2+94 NHP • 9-004-2 M1Y 100'c NW 'OUT. ReON EOP to EOP 76' GSOC CL to BOC 40' CL to FOS 50' GOPHER STATE ONE CALL CL to BOS 56' 1-phers ate 116 nec www.gopherstateonecall.org Construction Notes: All underground Fiber placed in(2)1.25"Conduits Prepared by: Fiber Depth 42",unless specified All Handholes are 24x36x24,unless specified Ccompamit.nt,i.. 9-004 o Construction Notes: 0 I All underground Fiber placed in(2)1.25"Conduits tr I Fiber Depth 42",unless specified i All Handholes are 24x36x24,unless specified 1"= 100' I Collector Ring R O O p) Route Lu CONTACT FACILITIES DEPT Liquor Store#3 BEFORE BLDG ENTRY City LU 952-949-8432 Eden Prairie,MN County w z Hennepin J _ I Filename v.. v ko a II \ I I Site#9 Liquor Store#3 enc u- \ ii a.. r 424' 1 Parking Lot • n, 13� V\ "Illil'5 Parking Lot DEN E N : of it ,R' I ]IF "! i Parking Lot A` �•` S.... I I TRACKING QStaked By: LDF az8/1a : L, ENTRANCE WEST OF Draped By DOWN SPOUT JDE 9/10/13 CONDUIT AND LB Built By: C^, NO HIGHER THAN 3' W I As-Built By:U / MATERIAL LIST CD / Description Quantity "- S U-FOC 518' _c--,/ CO •^'� 24x36 Vault 1 I L I I I �_------j l 1 , , ,, :iiJ [-_ , o _ �iiG S c Parking Lot Liquor Store#3 R ST C \� Parking Lot GOPHER STATE ONE CALL 1-phers ate 116 nec 16 __, www.gopherstateonecall.org Prepared by: Ccompassotui. 1-:-.. , Site Plan EXHIBIT B Specifications The specifications are contained in RUS PE-90 which is currently not accessible due to the Federal Government shut down. As soon as the document becomes available it will be inserted as Exhibit B. Rev. 2009 GENERAL CONDITIONS TO THE STANDARD SPECIFICATIONS FOR CONSTRUCTION CITY OF EDEN PRAIRIE,MINNESOTA SECTIONS SECTION 1 -DEFINITIONS SECTION 2-PLANS, SPECIFICATIONS AND RELATED DATA SECTION 3 -ENGINEER-OWNER-CONTRACTOR RELATIONS SECTION 4- SCOPE OF WORK SECTION 5 -MATERIALS AND WORKMANSHIP SECTION 6-LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC SECTION 7-MEASUREMENT AND PAYMENT TABLE OF CONTENTS TITLE PAGE SECTION I-DEFINITIONS GC 1-01 General 7 GC 1-02 Contract 7 GC 1-03 City or Municipality 7 GC 1-04 Engineer 7 GC 1-05 Consultant or Special Engineer 7 GC 1-06 Work or Project 7 GC 1-07 Specifications 7 GC 1-08 Special Conditions 7 GC 1-09 Supplemental Specifications 7 GC 1-10 Plans 8 GC 1-11 Bidder 8 GC 1-12 Proposal 8 GC 1-13 Proposal Guaranty 8 GC 1-14 Contractor 8 GC 1-15 Subcontractor 8 GC 1-16 Contract Bond 8 GC 1-17 Surety 8 GC 1-18 Written Notice 8 GC 1-19 Governmental Agency 8 GC 1-20 Act of God 8 GC 1-21 Days 8 GC 1-22 Working Days 9 GC 1-23 Time of Completion 9 GC-1 TABLE OF CONTENTS TITLE PAGE SECTION 2-PLANS,SPECIFICATIONS AND RELATED DATA GC 1-24 Inspector 9 GC 1-25 Laboratory 9 GC 2-01 Intent of Plans and Specifications 9 GC 2-02 Conflict 9 GC 2-03 Discrepancies in Plans 9 GC 2-04 Adequacy of Plans and Specifications 10 GC 2-05 Plans and Specifications at Job Site 10 GC 2-06 Shop Drawings 10 GC 2-07 Examination of Plans and Specifications 10 GC 2-08 Dimensions 10 GC 2-09 Models 11 GC 2-10 Private Projects 11 SECTION 3-ENGINEER-OWNER-CONTRACTOR RELATIONS GC 3-01 Engineer's Responsibility and Authority 11 GC 3-02 Suspension of Work by Engineer 11 GC 3-03 Suspension of Work by City 12 GC 3-04 Suspension of Work by Contractor 12 GC 3-05 Arbitration 12 GC 3-06 Conflicts 13 GC 3-07 Limitation of Remedies 13 GC 3-08 Examination of Completed Work 13 GC 3-09 Contractor's Superintendents 13 GC 3-10 Contractor's Employees 13 GC-2 TABLE OF CONTENTS TITLE PAGE SECTION 3-Continued GC 3-11 Inspectors 13 GC 3-12 Lands by City 14 GC 3-13 Lands by Contractor 14 GC 3-14 Private Property 14 GC 3-15 Removal of Construction Equipment,Tools,and Supplies 14 GC 3-16 City's Right to Correct Deficiencies 14 GC 3-17 City's Right to Terminate Contract and Complete the Work 14 GC 3-18 Contractor's Right to Terminate Contract 15 GC 3-19 Injunctions 16 GC 3-20 Rights of Various Interests 16 GC 3-21 Separate Contracts 16 GC 3-22 Subcontracts 16 GC 3-23 Work During an Emergency 17 GC 3-24 Oral Agreements 17 GC 3-25 Construction Schedule 17 GC 3-26 Delays and Extension of Contract Time 17 SECTION 4-SCOPE OF WORK GC 4-01 Estimate of Quantities 18 GC 4-02 Additional Instructions 18 GC 4-03 Changes or Alterations in the Work 18 GC 4-04 Interpretations and Change Orders 19 GC 4-05 Salvage 19 GC 4-06 Cleanup 19 GC-3 TABLE OF CONTENTS TITLE PAGE SECTION 5-MATERIALS AND WORKMANSHIP GC 4-07 Taxes 19 GC 4-08 Removal of Construction Equipment,Tools,and Supplies 19 GC 5-01 Quality of Equipment and Materials 19 GC 5-02 Materials Furnished by the City 20 GC 5-03 Materials Furnished by the Contractor 20 GC 5-04 Storage of Materials 20 GC 5-05 Rejected Work and Materials 21 GC 5-06 Manufacturer's Directions 21 GC 5-07 Cutting and Patching 21 GC 5-08 Patents 21 GC 5-09 Contract Bond 21 GC 5-10 Guaranty 22 GC 5-11 Overweight Policy 22 SECTION 6-LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC GC 6-01 Contractor's Responsibilities 22 GC 6-02 Data Practices Act 23 GC 6-03 Discrimination 23 GC 6-04 Use of Premises 23 GC 6-05 Privileges of Contractor in Streets,Right-of-Way and Easement 23 GC 6-06 Safety 24 GC 6-07 Failure to Pay for Labor and Materials 24 GC 6-08 Moving of Public and Private Utilities 24 GC 6-09 Protection of Public and Private Utilities 25 GC-4 TABLE OF CONTENTS TITLE PAGE SECTION 6—Continued GC 6-10 Damage to Existing Improvements and Utilities 25 GC 6-11 A Maintenance of Traffic 26 GC 6-11B Street Closures or Partial Closures 26 GC 6-11C Existing Traffic Signs and Facilities 27 GC 6-11 D Detours 27 GC 6-11 E Local and Emergency Traffic 27 GC 6-11F Protection of Pedestrian and Vehicular Traffic 27 GC 6-11 G Restriction of Parking 27 GC 6-11H Flagmen 27 GC 6-12 Traffic Control within and Abutting the Project 27 GC 6-13 Use of Explosives 27 GC 6-14 Railroad Crossings 28 GC 6-15 Sanitary Provisions 28 GC 6-16 Water 28 GC 6-17 Noise Elimination 28 GC 6-18 Fossils 28 GC 6-19 Right to Use Improvement 28 GC 6-20 Monuments and Stakes 29 GC 6-21 Discrimination on Account of Race,Creed or Color 29 GC 6-22 Insurance 29 GC 6-23 Working Hours 33 GC 6-24 Trees 33 GC-5 TABLE OF CONTENTS TITLE PAGE SECTION 7-MEASUREMENT AND PAYMENT GC 7-01 Measurement 33 GC 7-01A Claims 33 GC 7-02 Scope of Payment 33 GC 7-03 Payment for Extra Work 34 GC 7-04 Progress Payments,Retained Percentage 35 GC 7-05 Engineer's Action on a Request for Payment 36 GC 7-06 City's Action on an Approved Request for Payment 36 GC 7-07 Payment for Uncorrected Work 36 GC 7-08 Payment for Rejected Work and Materials 36 GC 7-09 Payment for Work Suspended by the City 36 GC 7-10 Payment for Work by the City 37 GC 7-11 Payment for Work Following City's Termination of the Contract 37 GC 7-12 Payment for Work Terminated by the Contractor 37 GC 7-13 Release of Liens 37 GC 7-14 Income Tax Withholding 37 GC 7-14A Audit 37 GC 7-15 Acceptance and Final Payment 37 GC 7-16 Termination of Contractor's Responsibility 38 GC 7-17 Correction of Faulty Work after Final Payment 38 GC 7-18 Limitations 38 GC-6 GENERAL CONDITIONS CITY OF EDEN PRAIRIE,MINNESOTA SECTION 1 -DEFINITIONS 1-01 GENERAL: For the purposes of the Contract Documents and any documents or instruments dealing with the construction operations governed by these Documents, the terms defined in this section have the meanings given them. 1-02 CONTRACT: The term means the Contract Documents. The Contract Documents consist of the following: 1. Legal and Procedural Documents a. Notice to Contractors-Advertisement for Bids b. Instructions to Bidders c. Accepted Proposal Form d. Proposal Guaranty e. Contract Agreement f. Contractor's Performance and Payment Bond 2. Special Conditions 3. Detail Specifications 4. General Conditions 5. Plans 6. Addenda and Supplemental Agreements 1-03 CITY or MUNICIPALITY: The term means the City of Eden Prairie, County of Hennepin, State of Minnesota,acting by its City Council or duly authorized officers(the Owner). 1-04 ENGINEER: The City Engineer for the City of Eden Prairie or his designated representative. 1-05 CONSULTANT or SPECIAL ENGINEER: As defined in Special Conditions. 1-06 WORK or PROJECT: As defined in Special Conditions. 1-07 SPECIFICATIONS: The term means the directions,provisions,and requirements contained herein, together with all written agreements made or to be made pertaining to the method and manner of performing the work, or to the quantities and qualities of materials to be furnished under the Contract. 1-08 SPECIAL CONDITIONS: The term means contract requirements peculiar to the project which are not otherwise thoroughly or satisfactorily detailed and set forth in the Specifications. 1-09 SUPPLEMENTAL SPECIFICATIONS: The latest edition of the Minnesota Department of Transportation Standard Specifications for Highway Construction and the City of Eden Prairie Standard Detail Specifications for the Construction of Sanitary Sewer, Storm Sewer, and Watermain GC-7 Systems, shall apply, together with all requirements of the Minnesota Department of Health and Industrial Commission, except as altered or modified by the Special Conditions. Where there is a discrepancy between the Specifications of the City of Eden Prairie and those of Minnesota Department of Transportation,the General Conditions of the City of Eden Prairie shall apply. The Contractor herein agrees to comply with the Minnesota Occupational Safety and Health Act of 1973 for the performance of the work. The Contractor shall comply with Minnesota Statutes Section 363 concerning the rules and regulations of the Minnesota Department of Human Rights. 1-10 PLANS: The term means the official drawings, plans, profiles, typical cross sections and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions and details of work to be performed. All such drawings, as listed elsewhere in the Contract Documents, are a part of the Plans whether attached to the Specifications or separate therefrom. 1-11 BIDDER: The term means an individual, firm, co-partnership or corporation, or combination thereof, submitting a Proposal for the work contemplated and acting directly or through a duly authorized representative. 1-12 PROPOSAL: The term means the written offer or copy thereof of a Bidder to perform the work described by the Contract Documents when made out and submitted on the prescribed Proposal Form,properly signed and guaranteed. 1-13 PROPOSAL GUARANTY: The term means the security designated in the Proposal to be furnished by the Bidder as a guaranty of good faith to enter into a contract with the City of Eden Prairie if the work is awarded to him. 1-14 CONTRACTOR: The term means the Contractor named in the Contract Documents. 1-15 SUBCONTRACTOR: The term means those having a direct contract with the Contractor and it includes one who furnishes material worked to a special design according to the plans and specifications of this work,but does not include one who merely furnishes material so worked. 1-16 CONTRACT BOND: The term means the Contractor's Performance and Payment Bonds required by the Contract Documents. 1-17 SURETY: The term means the person,firm or corporation who executes the contract bond. 1-18 WRITTEN NOTICE: The term means notice in writing delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered mail to the last business address known to him who gives the notice. 1-19 GOVERNMENTAL AGENCY: A governmental unit other than the City having jurisdiction in the premises. 1-20 ACT of GOD: The term means an earthquake, flood, cyclone or other cataclysmic phenomenon of nature. Rain,wind, flood or any other natural phenomenon of normal intensity for the locality shall not be construed as an Act of God. 1-21 DAYS: The term means,unless otherwise provided,calendar days. GC-8 1-22 WORKING DAYS: Any day, excluding Saturday, Sunday or State recognized legal holidays, when weather conditions or the results of weather conditions will allow the Contractor to pursue,for two hours between 8:00 a.m. and 4:30 p.m. with the normal working force, any item or items of work which would be in progress at that time. 1-23 TIME of COMPLETION: The term means that date set in the Contract Documents for completion of the work; or number of working or calendar days after notice to proceed set out in the Contract Documents. (See also Paragraph 3-25). 1-24 INSPECTOR: The term means an authorized representative of the Engineer, assigned to make any or all necessary inspections of the work performed and the materials furnished by the Contractor. 1-25 LABORATORY: The term means the testing laboratory designated by the Engineer to inspect and determine the suitability of materials. SECTION 2-PLANS,SPECIFICATIONS AND RELATED DATA 2-01 INTENT of PLANS and SPECIFICATIONS: The intent of the Plans and Specifications is that the Contractor furnish all labor and materials, equipment and transportation necessary for the proper execution of the work unless specifically noted otherwise. The Contractor shall do all the work shown on the Plans and described in the Specifications and all incidental work necessary to complete the project in an acceptable manner and to fully complete the work or improvement,ready for use,occupancy and operation of the City. It is further the intention of the Plans and Specifications to set forth requirements of performance, type of equipment and structures, and standards of materials and construction, to require new material and equipment unless otherwise indicated and to require complete performance of the work without specific reference to any minor component part. It is not intended,however,that material or work not covered by or properly inferable from any heading, branch, class or trade of the Specifications shall be supplied unless distinctly so noted. Materials of work described in words, which so applied have a well-known technical or trade meaning, shall be held to refer to such recognized standards. All work shall be completed in accordance with the Specifications and Plans, and in compliance with applicable laws of the U.S. Government, State of Minnesota, and the ordinances of the City of Eden Prairie. 2-02 CONFLICT: In the case of a conflict of meaning between any of the terms of the Contract Documents, the provisions of the document listed first below control over those of the document listed later: 1. Plans,Proposal,Proposal Form 2. Special Conditions 3. Detail Specifications 4. General Conditions 5. Contract Agreement Form Special Conditions and Detail Specifications are intended to modify and prevail over Standard Plans and Specifications. 2-03 DISCREPANCIES in PLANS: The drawings, specifications, and other parts of the Plans are intended to complement one another. Anything shown on the drawings but not mentioned in the Specifications, or vice versa, or anything not expressly set forth in either but which is reasonably GC-9 implied, shall be furnished as though specifically shown and mentioned in both, without extra charge. Should anything be omitted from the drawings necessary to the proper construction of the work herein described, it shall be the duty of the Contractor to so notify the Engineer before signing the Contract; and in the event of the Contractor failing to give such notice, he shall make good any damage or defect in his work caused thereby,without extra charge. Questions as to meaning of Plans and Specifications shall be interpreted by the Engineer, whose decision shall be final and binding on all parties concerned. (See also GC 3-01). The Engineer will provide the Contractor with such information as may be required to show revised or additional details of construction. The Engineer will provide full information when errors or omissions in the Plans and Specifications are discovered. Any work done by the Contractor, after his discovery of such discrepancies, errors or omissions and prior to a decision by the Engineer, shall be done at the Contractor's risk. 2-04 ADEQUACY of PLANS and SPECIFICATIONS: Responsibility for adequacy of the design and for sufficiency of the Plans and Specifications shall be borne by the City, except for any work done by the Contractor after discovery of discrepancies, errors, or omissions which shall be the responsibility of the Contractor (See GC 2-03). The complete requirements of the work to be performed under the Contract shall be set forth in Plans and Specifications to be supplied by the City through the Engineer or by the Engineer as representative of the City. 2-05 PLANS and SPECIFICATIONS at JOB SITE: One complete set of all Plans and Specifications shall be maintained by the Contractor at the job site and shall be available to the Engineer at all times. Additional detail and working drawings will be furnished in amplification of the Contract Drawings as provided in the Special Conditions. All such additional drawings are to be considered of equal force with those which accompany the Specifications. The City retains ownership of all Plans, Specifications and Drawings,and they shall be returned to the City upon completion of the work. 2-06 SHOP DRAWINGS: The Contractor shall, upon request, submit shop drawings in quadruplicate for the approval of the Engineer. 2-07 EXAMINATION of PLANS and SPECIFICATIONS: Before submitting a bid, all Contractors must carefully examine the Plans and Specifications, and are solely responsible for evaluating the likelihood and the extent of any difficulties which may arise on the site of the work. After the time set for opening of the bids,no bidder may,without the consent of the City,withdraw his proposal or claim extra compensation or damages for any error or omission made by said bidder in preparing his proposal. In the event of discrepancies between the prices quoted in the proposal, in unit prices and the extensions thereof, the unit prices shall control. The prices are to include the furnishing of all materials,plant, equipment,tools, and all other facilities and the performing of all labor and services necessary or proper for the completion of the work, except such as may be otherwise expressly provided in the Contract Documents. 2-08 DIMENSIONS: Figured dimensions on the Plans will be used in preference to scaling the drawings. Where the work of the Contractor is affected by fmish dimensions or manufacturer's equipment, these shall be determined by the Contractor at the site, and he shall assume the responsibility therefore. 2-09 MODELS: All models prepared for this work, in accordance with requirements of Plans and GC-10 Specifications,shall become the property of the City at the completion of the work. 2-10 PRIVATE PROJECTS: These Specifications are written with the City of Eden Prairie as a party to the Contract. For private projects where the City of Eden Prairie is not a party to the Contract,these Specifications are available for private use. Although in this case, there must be a reference in the Special Conditions as to the Owner,Engineer and City relationships. SECTION 3-ENGINEER-OWNER-CONTRACTOR RELATIONS 3-01 ENGINEER'S RESPONSIBILITY and AUTHORITY: The Engineer is responsible for the general supervision and direction of the work and whenever, in the exercise of his best judgment, it is necessary to do so to ensure the safety of all those working on the project and all members of the public. He may stop the work whenever such stoppage is necessary to insure the proper execution of the Contract. He may reject work and materials which do not conform to the Contract, as determined by special inspections and tests as he may require, to direct the application of forces to any portion of the work as in his judgment is required, to order the force increased or diminished and to decide questions which arise in the execution of the work. The Engineer is not responsible for the acts or omissions of the Contractor's superintendent or other employees. The Engineer shall, within a reasonable time after their presentation to him, make decisions in writing on all claims of the City or the Contractor and on all other matters relating to the execution and progress of the work or the interpretation of the Contract Documents. All such decisions of the Engineer shall be final, except where time or financial considerations are involved,in which case the decision is subject to Arbitration under GC 3-05. Failure to condemn any inferior material or work at the time of its use or construction shall not be construed as an acceptance of the same, but the Contractor shall, upon notice from the Engineer at any time prior to the final acceptance of the improvement, immediately tear out, remove and properly reconstruct, at his own cost, any portion of this improvement which the Engineer may decide to be defective and the Contractor will be held wholly responsible for the safety, proper construction and perfection of the entire improvement until the same has been finally accepted and paid for by the City of Eden Prairie. The Engineer will make final inspection of all work included in the Contract or any portion thereof, as soon as practical after notification by the Contractor that such work is nearing completion. If such work is not acceptable to the Engineer at the time of his inspection, he will advise the Contractor in writing as to the particular defects to be remedied before such work can be accepted. If, within a period of ten (10) days after such notification, the Contractor has not taken steps to speedily complete the work as directed,the Engineer may,without further notice and without in any way impairing the Contract, make such other arrangements as he may deem necessary to have such work completed in a satisfactory manner. The cost of completing such work shall be deducted from any monies due,or which may become due,to the Contractor on his Contract. 3-02 SUSPENSION of WORK by ENGINEER: When, in the judgment of the Engineer, unfavorable weather or any other condition makes it impractical to perform work in accordance with the Contract,or should the Contractor fail to carry out the provisions of the Contract or supply materials meeting the requirements of the Specifications, the Engineer may issue to the Contractor a written order to suspend work on all or any part of the Contract work. When conditions are again favorable for prosecution of the work, the Engineer will issue to the Contractor a written order to resume the suspended work. Orders to suspend work will not be written for intermittent shutdowns due to GC-11 weather conditions unless the suspension of work is to be for an extended period of time. The Contractor shall take every precaution to prevent any damage or unreasonable deterioration of the work during the time it is closed down. Suspension of the work by the Engineer is not grounds for claims by the Contractor for damages or extra compensation. 3-03 SUSPENSION of WORK by CITY: The City may at any time suspend the work, or any part thereof, by giving ten (10) days'notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to do so. If the work, or any part thereof, shall be stopped by notice in writing aforesaid, and if the City does not give notice in writing to the Contractor to resume work at a date within a year of the date fixed in the written notice to suspend, then the Contractor may abandon that portion of the work so suspended, and he will be entitled to the estimates and payments for all work done on the portions so abandoned, if any (See also GC 7-09). This paragraph shall not be construed as entitling the Contractor to compensation for suspension due to failure to furnish adequate surety as specified herein,or for suspension made at the request of or due to the fault of the Contractor. If suspension of all or part of the work causes additional expenses not due to the fault or negligence of the Contractor, the City shall reimburse the Contractor for the additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the Engineer within ten (10) days after the date of order to resume work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement weather, failure to furnish additional surety or sureties specified herein, for suspension made at the request of the Contractor, or for any other delay provided for in the Contract Documents. 3-04 SUSPENSION of WORK by CONTRACTOR: The Contractor may suspend work upon ten (10) days written notice to the City and the Engineer, for any of the grounds for termination set forth in GC 3-18. 3-05 ARBITRATION: Should there be a dispute about any matter involving the decision of the Engineer which is subject to arbitration, the dispute may be submitted to arbitration by either party to the Contract,provided the City consents to arbitration. (See GC 3-01). The Contractor shall not delay the work because arbitration proceedings are pending unless he shall have written permission from the Engineer to do so and such delay shall not extend beyond the time when the arbitrator or arbitrators shall have the opportunity to determine whether the work shall continue or be suspended pending decision by the arbitrator or arbitrators of such a dispute. Any demand for arbitration shall be in writing and shall be delivered to the Engineer and any adverse party by either personal delivery or by registered mail addressed to the last known address of each within ten (10) days of receipt of the Engineer's decision, and in no event after final payment has been made and accepted, subject, however, to any express stipulation to the contrary in the Contract Documents. Should the Engineer fail within a reasonable period to make a decision, a demand for arbitration may then be made as if the Engineer's decision had been rendered against the party demanding arbitration. No one shall be qualified to act as an arbitrator who has, directly or indirectly, any financial interest in the Contract or who has any business or family relationship with the City, the Contractor, or the Engineer. Each arbitrator selected shall be qualified by experience and knowledge of the work involved in the matter to be submitted to arbitration. Arbitration shall be conducted in accordance with the Uniform Arbitration Act,Minnesota Statutes, GC-12 Chapter 572, and the Construction Industry Arbitration Rules of the American Arbitration Association. 3-06 CONFLICTS: No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect in this Contract. The violation of this provision renders the Contract void. Any federal regulations and applicable State Statutes shall not be violated 3-07 LIMITATIONS of REMEDIES: In the event of a breach of the Contract by City, the Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 3-08 EXAMINATION of COMPLETED WORK: If the Engineer requests it,the Contractor at any time before acceptance of the work shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the Specifications. Should the work thus exposed or examined prove acceptable, the uncovering or removing,and the replacing of the covering or making good of the parts removed shall be paid for as Extra Work,in accordance with requirements of GC 7-03;but should the work so exposed or examined prove unacceptable, the undercovering, removing and replacing shall be at the Contractor's expense. 3-09 CONTRACTOR'S SUPERINTENDENTS: A qualified superintendent, who is acceptable to the Engineer, shall be maintained on the work and given efficient supervision to the work until its completion. The superintendent shall have full authority to act in behalf of the Contractor, and all directions given to the superintendent shall be considered given to the Contractor. The Engineer's instructions may be confirmed in writing and shall be so confirmed upon written request of the Contractor. 3-10 CONTRACTOR'S EMPLOYEES: The Contractor shall be responsible to the City for acts and omissions of the Contractor's employees, subcontractors and their agents and employees, and other persons or entities performing portions of the project for or on behalf of the Contractor or any of the subcontractors. The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit person or persons not skilled in tasks assigned to them. 3-11 INSPECTORS: Inspectors may be appointed by the Engineer or City to see that the work is performed in accordance with the Plans and Specifications. Inspectors shall have authority to suspend all or a portion of the work which is not being properly performed and, subject to the final decision of the Engineer, to condemn and reject defective work and materials. Inspectors shall have no authority to permit deviation from the Plans and Specifications and the Contractor shall be liable for any deviations made without a written order from the Engineer. If requested by the Contractor, the suspension order will be given in writing. Inspectors shall not act as foremen or perform other duties for the Contractor. 3-12 LANDS by CITY: Where the work passes over or through private property, the City will secure right-of-way or easement. The Contractors shall not receive any extra compensation or be entitled to any extras because of delay on the part of the City in obtaining right-of-way or easement. 3-13 LANDS by CONTRACTOR: Any additional land or access thereto that may be required for GC-13 temporary construction facilities or for storage of materials shall be provided by the Contractor with no liability to the City. The Contractor shall confine his apparatus and storage materials and operation of his workmen to those areas described in the Plans and Specifications and such additional areas which he may provide as approved by the Engineer. 3-14 PRIVATE PROPERTY: The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. 3-15 REMOVAL of CONSTRUCTION EQUIPMENT, TOOLS and SUPPLIES: At the termination of this Contract, before acceptance of the work by the City, the Contractor shall remove all of his equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them. (See also GC 7- 11). 3-16 CITY'S RIGHT to CORRECT DEFICIENCIES: If the Contractor should neglect to prosecute the work properly or fail to perform any provision of this Contract, the City after ten (10) days written notice to the Contractor may,without prejudice to any other remedy he may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor. (See also GC 7-11). 3-17 CITY'S RIGHT to TERMINATE CONTRACT and COMPLETE the WORK: The City has the right to terminate the employment of the Contractor for any of the following reasons: 1. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors,or becomes insolvent; 2. Failure of Contractor to supply adequate properly skilled workmen or proper materials; 3. Failure of Contractor to make prompt payment to subcontractor for material or labor; 4. Any disregard of laws,ordinances or proper instructions of the Engineer; 5. Assignment or work without permission of the City; 6. Abandonment of the work by Contractor; 7. Failure to meet the work progress schedule set forth in the Contract; 8. Unnecessary delay which, in the judgment of the Engineer,will result in the work not being completed in the prescribed time. Termination of the Contract shall be preceded by seven (7) days written notice by the City to the Contractor and his surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such seven(7)day period unless the City Council shall withdraw its notice of termination. GC-14 Upon termination of the Contract by the City, the City may complete the work required by the Contract by whatever means it deems expedient, including requiring the Contractor's surety to complete the work. The taking over of the work by the City upon contract termination shall not affect the right of the City to recover liquidated damages from the Contractor or his surety for failure to complete the Contract. In the event that the Contractor involuntarily abandons the work, fails or refuses to complete the work embodied in the Contract or fails to pay just claims for labor or material,the City reserves the right to charge against the Contractor all extra legal, engineering, or other costs resulting from such abandonment, failure or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. When the City assumes control of the work under the Contract pursuant to termination the City may take possession of the work and all material, tools and equipment therein belonging to the Contractor and may use the same to complete the work at Contractor's expense. Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the work,including compensation for additional managerial and administrative services,the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor shall pay the difference to the City. The expenses incurred by the City as herein provided and the damages incurred through the Contractor's default shall be certified by the Engineer. (See also GC 7-11). 3-18 CONTRACTOR'S RIGHT to TERMINATE CONTRACT: The Contractor may terminate the Contract upon ten (10) days written notice to the Owner and the Engineer for any of the following reasons: 1. If an order of any court or other public authority caused the work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or his employees. 2. If the Engineer should fail to act upon any Request for Payment, in the manner set forth in GC 7-05, within ten (10) days after it is presented in accordance with the General Conditions. 3. If the City should fail to act upon any Request for Payment,in the manner set forth in GC 7- 06,within 31 days after its approval by the Engineer. 4. If the City should fail to pay the Contractor any sum within 31 days after its award by arbitrators. 3-19 INJUNCTIONS: If by reason of any court proceedings, instituted by any third party or by the City affecting, directly or indirectly, the construction or completion of any portion or portions of this improvement, the Contractor or the City of Eden Prairie shall be unable to construct or complete said portions of the work, and if in consequence thereof it shall in the discretion of the City Council, be impractical to construct or complete any other portion or portions thereof, the Contractor shall, GC-15 and does hereby waive any and all claims for damages because of such inability to complete the improvement as planned, and the Engineer shall have the right to report such improvement as completed and file his final estimate thereon as provided for in the full completion of other improvements in the City, and the Contractor shall accept in full payment of his work upon said improvement, and as a cancellation of his Contract thereof, a sum of money determined in strict accordance with his proposal for the Contract, on the basis of the work actually completed up to the time of stopping thereof. 3-20 RIGHTS of VARIOUS INTERESTS: Wherever work being done by the City's employees or by other contractors is contiguous to work covered by this Contract,the respective rights of the various interests involved shall be established by the Engineer, to secure the completion of the various portions of the work in general harmony. 3-21 SEPARATE CONTRACTS: The City reserves the right to let other contracts in connection with this work. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate his work with theirs. If any part of the Contractor's work depends upon the proper execution or results of the work of any other contractor,the Contractor shall inspect and promptly report to the Engineer any defects in such work that render it unsuitable for such proper execution and results. His failure to so inspect and report shall constitute an acceptance of the other contractor's work after the execution of his work. To insure the proper execution of his work,the Contractor shall measure work already in place and shall at once report to the Engineer any discrepancy between the executed work and the drawings. 3-22 SUBCONTRACTS: At the time specified by the Contract Documents or when requested by the Engineer, the Contractor shall submit in writing to the City for approval the names of the subcontractors proposed for the work. Subcontractors may not be changed except at the request of and with the approval of the City. The Contractor is responsible to the City for the acts and omissions of his employees and Subcontractors. The Contract Documents shall not be construed as creating any contractual relation between any subcontractor and the City. The Contractor agrees to bind every subcontractor and every subcontractor agrees to be bound by the terms of the Contract Documents as far as applicable to his work, including the following provisions of this Section, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City Engineer. The Subcontractor agrees to be bound to the Contractor by the terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities that the Contractor, by those documents, assumes toward the City. The Contractor agrees to be bound to the Subcontractor by all the obligations that the City assumes to the Contractor under the terms of said documents,and by all the provisions thereof affording remedies and redress to the Contractor from the City. The Contractor shall not assign, sublet, or transfer the whole or any part of the work herein specified without the written consent of the City. Any such assignment,subletting,or transfer shall not in any manner relieve the Contractor from any of the responsibilities assumed herein. For convenience of reference and to facilitate the letting of contracts and subcontracts, the Specifications are separated into title sections. Such separations shall not,however,operate to make GC-16 the Engineer an arbiter to establish limits to the contracts between Contractor and Subcontractor. 3-23 WORK DURING an EMERGENCY: The Contractor shall perform any work and shall furnish and install any materials and equipment necessary during an emergency endangering life or property. In all cases,he shall notify the Engineer of the emergency as soon as practical,but he shall not wait for instructions before proceeding to properly protect both life and property (See also GC 4-03). In cases where the Contractor cannot or does not meet the emergency, the City may take appropriate action to protect life and safety. 3-24 ORAL AGREEMENTS: No oral order, objection, claim or notice by any party to the others shall affect or modify any of the terms or obligations contained in any of the Contract Documents, and none of the provisions of the Contract Documents shall be held to be waived or modified by reason of any act whatsoever, other than by a definitely agreed waiver or modification thereof in writing, signed by the parties to be bound or by the representatives of the parties authorized to enter into such a waiver or modification, and no evidence shall be introduced in any proceeding of any other waiver or modification. 3-25 CONSTRUCTION SCHEDULE: After being awarded the Contract, the Contractor shall prepare and submit to the Engineer for approval a progress schedule which will insure the completion of the project within the time specified. Adequate equipment and forces shall be made available by the Contractor to start work immediately upon order of the Engineer and to carry out the schedule to completion of the Contract within the time specified. 3-26 DELAYS and EXTENSION of CONTRACT TIME: The Contractor herewith specifically waives claims for damages for any hindrance or delay. He will, in lieu thereof, be granted extensions of time for which liquidated damages will not be claimed by the City for the following causes: A delay caused the Contractor by any suit or other legal action against the City will entitle the Contractor to an equivalent extension of time unless the period of such delay exceeds 90 days. When such period is exceeded, the City will, upon request by the Contractor in writing, either terminate the Contract, or grant a further extension of time, whichever as may at that time appear most desirable to both parties. If the Contractor be delayed at any time in the progress of the work by an act of neglect of the City or the Engineer or any employees of either, or by any other Contractor employed by the City, or by strike, fire, unusual delay in transportation, unavoidable casualties, or other causes beyond the Contractor's control, or by any cause which, in the opinion of the Engineer, shall justify the delay, then the time of completion shall be extended for such reasonable time as the Engineer may decide. No such extension shall be made for delay occurring more than seven (7) days before claim therefore in made in writing to the Engineer. Shutdowns due to improper work, or otherwise due to the Contractor's operation, are not cause for extension of time. If during the term of this Contract, the volume of the specified work, measured in dollars, is increased over the total value shown on the Contractor's proposal at the time the award of Contract is made,the Contractor will be granted an extension proportionately equal to the increase in the total value. Should unforeseen conditions require the performance under an Extra Work Order, of work more complex or difficult than that originally specified and shown on the Plans, and such work, in the Contractor's opinion, requires more time to execute than the proportional increase in dollar value, the Contractor shall state to the Engineer, in writing, prior to the performance of such work, GC-17 his estimate of the added time required for such work. The City will, if such estimate be reasonable, allow an added extension of time equal to the difference between the total time required and the proportional increase in the dollar value of the work. SECTION 4-SCOPE OF WORK 4-01 ESTIMATE of QUANTITIES: The schedule of quantities, although stated with as much accuracy as is possible in advance, is approximate only and is assumed solely for the purpose of comparing bids. The quantities on which payments will be made to the Contractor are to be determined by measurements of the work actually performed by the Contractor as specified in the Contract Documents. (See GC SECTION 7). 4-02 ADDITIONAL INSTRUCTIONS: If the instructions and Plans are not sufficiently clear to permit the Contractor to proceed with the work, the Engineer shall, either upon his own initiative or upon the request of the Contractor, furnish additional written instructions, together with additional drawings as may be necessary. When such request is made by the Contractor, it must be in ample time to permit the preparation of the instructions and drawings by the Engineer before the construction of the work covered by them is undertaken. Such additional instructions and drawings shall be consistent with the Contract Documents and shall have the same force and effect as if contained in the Contract Documents. For the purpose of avoiding delays in the preparation of such additional instructions and drawings, the Engineer and the Contractor shall jointly prepare a schedule showing the time for the commencement of the work to be included in them and the time the Contractor shall furnish the necessary shop drawings which may be necessary for their preparation. The Contractor shall do no work without proper drawings or instructions and shall, at his own expense,replace any work not in accordance with such drawings and instructions. 4-03 CHANGES or ALTERATIONS in the WORK: The City, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work; the Contract sum being adjusted according to the respective unit bid prices. All such work shall be executed under the conditions of the original Contract, except that any claim for extension of time caused thereby shall be adjusted at the time of ordering such change. Any claims for compensation adjustment shall be in accordance with MnDOT 1517. Consequently, if the Contractor claims that any instructions by drawings or otherwise issued after the date of the Contract involved extra cost under the Contract, he shall give the Engineer written notice thereof within seven (7) days, after the receipt of such instructions and in any event before proceeding to execute the work, except emergency endangering life or property, and the procedure shall then be provided for elsewhere herein for changes in the work. No such claim shall be valid unless so made. In giving instructions, the Engineer shall have authority to make minor changes in the work, not involving extra cost, and not inconsistent with the purposes of the work but otherwise (except in an emergency endangering life or property)no extra work or change shall be made unless in pursuance of a written order by the Engineer, and provided that such work or change does not change the dollar value of the total contract amount by more than 25%. 4-04 INTERPRETATIONS and CHANGE ORDERS: No oral interpretation shall be made to the GC-18 Contractor as to the meaning of any of the Contract Documents, or to modify any of the provisions of the Contract Documents. Every request for an interpretation shall be made in writing and addressed and forwarded to the Engineer. The City will not be responsible for any other explanation or interpretation of the Plans and Specifications. If unforeseen conditions require a change in the dimensions of a structure, location of underground pipes, or major variations of a similar nature from the original Plans, necessitating exceeding the reasonable limits defined below, or being of the nature of a substantial departure from the original Plans, such change shall be covered by a change order. The change order is to set forth in complete detail the nature of the change and reasons therefore. The compensation to be paid the Contractor and whether it is an addition or a reduction with respect to the original Contract costs is also to be covered in detail. Should additional or supplemental drawings be required, they will be furnished by the City Engineer. 4-05 SALVAGE: Unless otherwise indicated on the Plans or in the Special Conditions,all castings,pipe and any other material taken from the work shall be the property of the Contractor. 4-06 CLEANUP: The Contractor shall at his own expense, clean up and remove all refuse and unused materials of any kind resulting from the work. Upon failure to do so within 72 hours after request by the Engineer, the work may be done by the City and cost thereof be charged to the Contractor and deducted from his final estimate. (See also GC 7-11). 4-07 TAXES: The Contractor shall pay all sales, consumer, use and other similar taxes required to be paid by him in accordance with the law of the place where the work is to be performed. 4-08 PERMITS: The City of Eden Prairie will apply for all necessary permits unless otherwise noted. The Contractor shall secure and pay for all necessary bonds and meet all additional requirements of these permits. The Contractor shall also be responsible for obtaining a permit from the City of Eden Prairie Engineering Division for any project that involves work within City right-of-way or public easements. The permit shall include, but not be limited to; utility connections and installations, underground construction, placement of obstructions or structures, removal of existing streets and connections to any existing City facilities. SECTION 5-MATERIALS AND WORKMANSHIP 5-01 QUALITY of EQUIPMENT and MATERIALS: In order to establish standards of quality, the Engineer has, in the detailed Specifications, referred to certain products by name and catalog number. This procedure is not to be construed as eliminating from competition other products of equal or better quality by other manufacturers where fully suitable in design as determined by the Engineer. Whenever in these Specifications a material or article is specified by using the specific description or name of proprietary product, or name of a manufacturer or vendor, rather than by using descriptive detail or substance and function, any article which will perform the duties imposed adequately and to the same effectiveness as determined by the Engineer, will be acceptable as a substitute in lieu of the material or articles so specified. The source of supply of the materials to be used shall be approved by the Engineer before delivery is GC-19 started. The approval of the source of any material is effective as long as the material itself conforms to the Specifications. Only materials conforming to the requirements of these Specifications shall be used in the work. The source of any material shall not be changed at any time without the written approval of the Engineer. The Contractor may be required at any time to furnish a complete statement of the origin, composition and manufacturer of any or all materials required in the work,or to submit samples of the same. Unless otherwise specified, all materials shall be new and both workmanship and material shall be of good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials or tools used by him. All materials, supplies, and articles furnished shall, whenever so specified, and otherwise wherever practical,be the standard stock products of recognized reputable manufacturers as determined by the Engineer. The Contractor shall furnish a complete list of proposed desired substitutions, together with such engineering and catalog data as the Engineer may require. List and information must be submitted prior to submittal of first progress payment estimate. The Contractor shall abide by the Engineer's judgment when proposed substitute materials or items of equipment are judged to be unacceptable and shall furnish the specified material or item of equipment in such case. All proposals for substitutions shall be submitted in writing by the Contractor and not by individual trades or material suppliers. The Engineer will approve or disapprove proposed substitutions in writing within a reasonable time. No substitute material shall be used unless so approved in writing. 5-02 MATERIALS FURNISHED by the CITY: Materials specifically indicated will be furnished by the City. The fact that the City is to furnish material is conclusive evidence of its acceptability for the purpose intended, and the Contractor may continue to use it until otherwise directed. If the Contractor discovers any defect in material furnished by the City, he shall notify the Engineer. Materials furnished by the City, which are not of local occurrence, will be provided at locations listed on Plans or in Specifications. The Contractor shall be responsible for material loss or damage, including that caused by third parties,after his receipt of material. 5-03 MATERIALS FURNISHED by the CONTRACTOR: All materials used in the work shall meet the requirements of the respective Plans and Specifications. All material not otherwise specifically indicated shall be furnished by the Contractor. 5-04 STORAGE of MATERIALS: Materials shall be stored so as to insure the preservation of their quality and fitness for the work and such materials, even though approved before storage, shall be subject to test and must meet the requirement of these Specifications at the time it is proposed to use them in the work. Materials shall be stored in a manner that will facilitate inspection. The portion of the right-of-way not required for public travel may,with the consent of the Engineer,be used for storage purposes, and for the placing of the Contractor's plant and equipment; but any additional space required;unless otherwise stipulated, shall be provided by the Contractor at his expense. From the commencement of the work until the completion of the same, the Contractor shall be solely responsible for the care of the work covered by this Contract and for the materials delivered at the site intended to be used in the work and all injury or damage to the same from whatever cause, shall be made good at his expense before the final estimate is made. He shall provide suitable means GC-20 of protection for and shall protect all materials intended to be used in the work and all work in progress as well as completed work. He shall take all necessary precautions to prevent injury or damage to the work in progress of construction by flood, freezing or from inclemencies of the weather at any and all times and only approved methods shall be used for this purpose. 5-05 REJECTED WORK and MATERIALS: All materials which do not conform to the requirements of the Contract Documents, are not equal to samples approved by the Engineer, or are in any way unsatisfactory or unsuited to the purpose for which they are intended, shall be rejected and shall be removed immediately from the right-of-way, unless otherwise permitted. No materials which have been rejected--the defects on which have been corrected or removed-- shall be used until approval has been given. If the Contractor does not remove such condemned work and materials within a reasonable time fixed by written notice,the City may remove them and may store the materials at the expense of the Contractor. If the Contractor does not pay the expense of such removal within ten (10) days thereafter,the City may,upon ten(10)days written notice, sell such materials at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs and expenses that should have been borne by the Contractor. The Contractor shall promptly remove from the premises all materials condemned by the Engineer as failing to conform to the Contract, whether incorporated in the work or not and the Contractor shall promptly replace and re-execute his own work in accordance with the Contract Documents without expense to the City and shall bear the expense of making good all work of the other contractors destroyed or damaged by such removal or replacement. Work done contrary to or regardless of the instructions of the Engineer, work done without lines, grade or cross section stakes and grades shown on the Plans or as given by the Engineer, or any deviation made from the Plans and Specifications without written authority will be considered unauthorized and at the expense of the Contractor, and will not be measured or paid for by the City. Any and all work so done may be ordered removed and replaced immediately at the Contractor's expense. (See also GC 7-08). 5-06 MANUFACTURER'S DIRECTIONS: Manufactured articles, material and equipment shall be applied, installed, connected, erected,used, cleaned and conditioned as directed by the manufacturer unless herein specified to the contrary. 5-07 CUTTING and PATCHING: The Contractor shall do all necessary cutting and patching of the work that may be required to properly receive the work of the various trades or as required by the Plans and Specifications to complete the work. He shall restore all such cut or patched work as directed by the Engineer. Cutting of existing structures that will endanger the work, adjacent property, workmen or the public shall not be done unless approved by the Engineer and under his direction. 5-08 PATENTS: All fees or royalties for patented inventions, equipment, or arrangements that may be used in any manner connected with the construction or erection of the work, or any part thereof, shall be included in the price mentioned in the Contract. 5-09 CONTRACT BOND: Before execution of this Contract and within ten(10)days after the notice of acceptance thereof by the City to the Contractor, the Contractor shall furnish the City a Payment Bond and Performance Bond conditioned as required by Minnesota Statutes, Section 574.26, and GC-21 the Contract Documents. The Performance and Payment Bonds shall remain in full force and effect through the guaranty period. 5-10 GUARANTY: The Contract shall warrant and guarantee and agree to maintain the stability of all work and materials done, furnished and installed under this Contract for a period of two (2) years after final payment in accordance with the provisions of the Contract Agreement and the Performance Bond required by GC 5-09. The date of final payment is the date of Council action approving final payment. The obligation of the Contractor pursuant to this section shall be in addition to and not in limitation of any obligations imposed upon him by any other provision of the Contract Documents or any other obligation imposed or prescribed by law. The Contractor warrants to the Owner that all materials and equipment furnished under this Contract will be new unless otherwise specified, and that all work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. This warranty is not limited by the provisions of Section 7. 5-11 OVERWEIGHT POLICY: The Contractor shall be advised that the City of Eden Prairie will closely adhere to the policy of MnDOT on the payment of materials brought to the project site on overweight loads. This policy is defined in the MnDOT Construction Manual, Section 5-591.486, dated May 22, 1990. SECTION 6-LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC 6-01 CONTRACTORS RESPONSIBILITIES: The Contractor shall furnish all necessary machinery, tools, labor and materials of every character required, and shall fully complete the work in accordance with the Plan, Specifications, and Detail Drawings, for the prices bid. All equipment to be used must be approved by the Engineer prior to starting the work. The entire work to be performed under the Contract for this improvement is to be at the Contractor's risk, and he is to assume the responsibility for and risk of all damages to the work or to property adjacent to or on the line of said work. The Contractor shall have charge of and be responsible for entire improvement until its completion and acceptance. It shall be his responsibility to maintain all stages of work in a safe and suitable condition at all times, including nights, weekends, and holidays. The Contractor shall make observations of his work during such periods as are necessary to insure proper care of the work. He shall be liable for any defects which may appear or be discovered on his work before the final payment herein specified. Whenever the Contractor is not present on the work, directions will be given to the Superintendent or Foreman who may have immediate charge thereof, and shall by him be received and strictly obeyed. The Contractor shall designate one person who shall have charge of the job and to whom the inspector shall give directions. If any person employed on the work shall refuse or neglect to obey the directions of the City Engineer, or his duly authorized representative, in anything relating to the work, or shall appear to be incompetent, disorderly or unfaithful,he shall,upon the request of the City Engineer be at once discharged and not again employed upon any part of the work. The Contractor shall submit, at such times as may reasonably be requested by the Engineer, schedules which shall show the order in which the Contractor proposes to carry on the work, with GC-22 the dates at which the Contractor will start the several parts of the work, and estimated dates of completion of the several parts. The Contractor and his sureties shall save harmless the City and any and all of its officers, consultants or Special Engineer and servants from any claims and demands or losses, damages, costs, charges and expenses of every nature and description, whether direct or indirect, because of the performance of this Contract, including all injuries to workmen or persons other than workmen and for all property damages. The Contractor shall indemnify the City against any such loss or any liability of any nature, whether direct or indirect, and the City reserves the right to deduct from any money due the Contractor the amount of any judgment of claims therefore. The obligations of the Contractor do not extend to the liability of the consultant or Special Engineer, his agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications which are certified by the Special Engineer. The approval of the above documents by the Special Engineer shall be subject to the conditions,limitations and exceptions stated on such documents and in the Contract Documents. No approval of any document by the Special Engineer shall be implied. The Special Engineer shall not be deemed to have approved any document unless such document bears the Special Engineer's Certificate or Seal. 6-02 DATA PRACTICES ACT: The Contracting Party shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. 1301, et seq., to the extent that the Act is applicable to data and documents in the hands of the Contractor. 6-03 DISCRIMINATION: In performance of this contract, the Contractor shall not discriminate on the grounds of or because of race, color, creed, religion, national origin, sex, marital status, status with regards to public assistance, disability, sexual orientation, or age against any employee of the Contractor, and subcontractor of the Contractor, or any applicant for employment. The Contractor shall include a similar provision in all contracts with subcontractors to this contract. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act,Minn. Stat. 363.01,et seq.,Title VI of the Civil Rights Act of 1964,and the American with Disabilities Act of 1990. 6-04 USE of PREMISES: The Contractor shall confine his equipment, storage of materials and operation or work to the limits indicated by law, ordinances, permits or direction of the Engineer, and shall not unreasonably encumber the premises with his materials. 6-05 PRIVILEGES of CONTRACTOR in STREETS, RIGHTS-OF-WAY and EASEMENTS: For the performance of the Contract, the Contractor will be permitted to occupy such portions of streets or alleys, or other public places, or other rights-of-way, as shown on the Plans or as permitted by the Engineer. A reasonable amount of tools,materials and equipment for construction purposes may be stored in such space,but not more than is necessary to avoid delays in the construction. Excavated and waste materials shall be piled or stacked in such a way as not to interfere with spaces that may be designed to be left free and unobstructed, nor inconvenience occupants of adjoining property. Other Contractors of the City may, for all purposes required by their contracts enter upon the work and premises used by the Contractor, and the Contractor shall give to other contractors of the City all reasonable facilities and assistance for the completion of adjoining work. Any additional grounds desired by the Contractor for his use shall be provided by him at his own cost and expense. Where the work encroaches upon right-of-way of any railway or State or County Highway,the City will apply for the necessary easement or permit for the work. The Contractor shall secure the GC-23 permit, pay the cost of original permit fees and provide bonds as required at no additional compensation. Where railway tracks or such highway are to be crossed,the Contractor shall observe all the regulations and instructions of the railway company and Highway Department as to methods of doing the work, or precautions for safety of property and the public. All negotiations with the railway company and Highway Department, except the right-of-way, shall be made by the Contractor at his expense. The Contractor will not be paid direct compensation for such railway or highway crossing,unless so provided in the Special Conditions and Proposal. 6-06 SAFETY: Precautions shall be exercised at all times by the Contractor for the protection of persons, employees and property. The safety provisions of applicable laws and local building and construction codes shall be observed. The Contractor is solely responsible for the safety, proper construction and perfection of the entire work until the same has been finally accepted and paid for by the City. The Contractor is responsible for conducting his work in compliance with the requirements of applicable State and Federal laws, and the rules and regulations of such governmental agencies having jurisdiction over such operations. The Contractor shall be solely responsible for providing temporary ladders, guard rails, shoring, bracing, dewatering, if required, warning signs, night lights, and other safeguards desirable or required by the Engineer and by the State and Federal laws. The Contractor shall provide and maintain, at his own expense and on a 24-hour basis, all necessary safeguards such as watchmen, warning signs or signals, barricades and night lights at all unsafe places at or near the work. Special care shall be exercised to prevent vehicles, pedestrians, and livestock from falling into open trenches or being otherwise harmed as a result of the work. Excavations in or adjacent to public streets or alleys in which water stands more than one foot deep shall be securely barricaded with snow fence so as to prevent access by small children at all times work is not being carried on at the site of excavation. Barricades shall be painted in a color that will be visible at night. From sunset to sunrise, the Contractor shall furnish and maintain at least two lights at each barricade. A sufficient number of barricades shall be erected to keep vehicles from being driven on or into any work under construction. The Contractor shall furnish watchmen in sufficient numbers to protect the work. The Contractor shall in all cases maintain safe passageways at all road crossings, crosswalks and street intersections, and shall do all other things necessary to prevent accident or loss of any kind. 6-07 FAILURE to PAY for LABOR and MATERIALS: If, at any time, the Contractor fails to pay the Subcontractor or the laborers employed upon the work, or fails to pay for the materials used therein, the City may withhold from the money which may be due the Contractor under this agreement such amount or amounts as may be necessary for the payment of such Subcontractors, laborers, or materials, and may, acting as agent for the Contractor, apply the same to such payments and deduct the same from the final estimate of the Contractor. 6-08 MOVING of PUBLIC and PRIVATE UTILITIES: The City will give reasonable notice to all affected utility companies of necessary movement of their installations prior to commencement of the work. It shall be the responsibility of the Contractor to coordinate his work with that of the utilities in such manner as to cause the least possible interference, and as may be further provided in the Special Conditions and Specifications. GC-24 It is provided that no utility, private or public, shall be moved to accommodate the Contractor's equipment or his method of operation when such utility does not conflict with the installation of the improvement under construction unless the costs of such removal shall be at the expense of the Contractor. The Contractor shall notify the proper representatives of any public utility, corporation, and company or individual, not less than 48 hours in advance of any work which might damage or interfere with the operation of their or his property along or adjacent to the work. 6-09 PROTECTION of PUBLIC and PRIVATE UTILITIES: The Contractor shall support and protect by timbers or otherwise, all pipes, conduits, poles, wires or other apparatus which may be in any way affected by the work. If,through the Contractor's operations,any of said pipes, conduits,poles, wires, or apparatus should be damaged, they shall be repaired by the authorities having control of same,and the expenses of such repairs shall be charged to the Contractor. The Contractor shall indemnify and save the City harmless from claims for any damage done to any street or other public property, or to any private property by reason of breaking of any water pipe, sewer or gas pipe,electric conduit,or other utility by or through his negligence. The Contractor shall restore, or have restored at his own cost and expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise restoring as may be directed, or he shall make good such damage from injury in a manner acceptable to the City or the Engineer. In case of failure on the part of the Contractor to restore such property or make good such damage or injury,the Engineer may,upon 48 hours written notice under ordinary circumstances and without notice when a nuisance or hazardous condition results, proceed to repair, rebuild, or otherwise restore such property as may be determined necessary, and the cost thereof will be deducted from any monies due to the Contractor under this Contract and if not so deducted, the Contractor will be obligated to forthwith reimburse the City for the cost thereof. The Contractor shall indemnify and save the City harmless from claims brought for or on account of any damage, maintenance, removal or replacement, or relocation of mains, conduits, pipes, poles, wires,cables or other such structures of private utility firms or corporations,whether underground or overhead, that may be caused or required by the Contractor during the time the work is in progress. In cases where the alignment, as shown on the Plans, coincides with the existing location of either an overhead or underground privately owned utility so that, in the opinion of the Engineer, the relocation of said utility is required to complete the installation, the Owner shall not be responsible for any cost associated for such relocation. 6-10 DAMAGE to EXISTING IMPROVEMENTS and UTILITIES: Prior to construction, the Contractor shall obtain field locations or other assistance as may be required to determine the existence and location of gas main and other private utilities as well as public utilities of the City, County or State which may be underground or overhead within street and highway right-of-way or within easements and which may be interfered with under this Contract. Existing underground, surface or overhead structures are not necessarily shown on the Plans, and those shown are only approximately correct and no responsibility is assumed by the City or the Engineer for the accuracy of location. The Contractor shall make such investigations as are necessary to determine the extent to which existing structures may interfere with the work GC-25 contemplated under this Contract. The sizes, locations and depths of such structures as are shown on the Plans and profiles are only approximately correct and the Contractor shall satisfy himself as to the accuracy of the information given. The Contractor shall not claim or be entitled to receive compensation for any damages sustained by reason of the inaccuracy or the omission of any of the information given on the drawings,relative to the surface, overhead, or underground structure or by reason of his failure to properly protect and to maintain such structures. The Contractor is to exercise extreme care in crossing or working adjacent to all utilities and shall be responsible to protect and maintain their operation during the time the work is in progress. The Contractor shall restore, at his own expense, any public structures such as water mains, water connections and appurtenances, sewers, manholes, catch basins and sewer connections which are damaged or injured in any way by his acts. When existing sewers have to be taken up and removed, the Contractor shall, at his own cost and expense,provide and maintain temporary outlets and connections for all private or public drains and sewers. The Contractor shall also take care of all sewage and drainage which will be received from these drains and sewers, and for this purpose, he shall provide and maintain, at his own expense, adequate pumping facilities and temporary outlets or diversions. The Contractor, at his own expense, shall construct such troughs, pipes, or other necessary structures, and be prepared at all times to dispose of drainage and sewage received from these temporary connections until such time as the permanent connections are built and in service. The existing sewers and connections shall be kept in service and maintained under the Contract, except where specified or ordered to be abandoned by the Engineer. All water or sewage shall be disposed of in a satisfactory manner so that no nuisance is created and so that the work under construction will be adequately protected. At all shaft sites and on all open cut work, the Contractor shall provide and maintain free access to fire hydrants,water and gas valves,manholes and similar facilities. Gutters and waterways shall be kept open or other satisfactory provisions made for the removal of storm water. The Contractor hereby agrees it will indemnify and defend the City for all damages which may be incurred by the City due to Contractor's failure to comply with these provisions. The Contractor shall provide, at his own expense and cost, all methods for adequately draining the work and shall assume full responsibility and liability for damage to any persons or property resulting from such damage. No separate compensation will be paid for sub-drains, or other methods of draining, but the cost thereof shall be merged with such contract pay items as are provided in the Proposal and Contract. No trees shall be cut except upon the specific authority of the Engineer. Trees adjacent to the work shall be protected from all damage by the construction operations. (See also GC 6-24) 6-11A MAINTENANCE of TRAFFIC: The Contractor is responsible for maintenance, control and the safeguarding of traffic within and immediately abutting the project as further outlined herein, and as may otherwise be provided in the Special Conditions. The City is responsible for maintenance, control, and safeguarding of traffic on all detours which do not lie within the project limits, unless otherwise required in the Special Conditions. The City agrees to make necessary arrangements with other governmental agencies to issue compliance with GC 6-09A through 6-09H. GC-26 6-11B STREET CLOSURES or PARTIAL CLOSURES: Streets may be closed to through traffic but shall not be closed to traffic until such closure has been approved by the City. Street closures shall be made in such a manner as to provide for maximum public safety and public convenience. They shall be opened to through traffic at such time as the work has been completed, or as the City may direct. 6-11C EXISTING TRAFFIC SIGNS and FACILITIES: The City will make all necessary adjustments to traffic signals and traffic signal activators at no cost to the Contractor. Existing traffic and street name signs which will interfere with construction will be removed by the City, as required by the Contractor's construction schedule. Upon completion of the project, the City will reset all such signs. 6-11D DETOURS: Detours outside the limits of the project shall be the sole responsibility of the City unless otherwise provided in the Special Conditions. Detours within the limits of the project, such as side street crossings, temporary bridges over freshly placed concrete, utilization of one or more lanes of the construction area for maintenance of traffic, and such related facilities for the maintenance of traffic, shall be included in the appropriate unit price or lump sum,as applicable. 6-11E LOCAL and EMERGENCY TRAFFIC: Local traffic shall be provided access to private properties at all times, except during some urgent stages of construction when it is impractical to carry on the construction and maintain traffic simultaneously, such as for the placing of asphalt concrete pavement, placing and curing of portland cement concrete pavement, and deep sewer excavations which prohibit safe travel of vehicular traffic. Emergency traffic such as police, fire and disaster units shall be provided reasonable access at all times. 6-11F PROTECTION of PEDESTRIAN and VEHICULAR TRAFFIC: The Contractor shall take every precaution to protect pedestrian and vehicular traffic. 6-11G RESTRICTION of PARKING: Where parking is a hazard to through traffic or to the construction work, it shall be restricted either entirely or during the time when it creates a hazard. Signs for this purpose will be initially furnished and placed by the City. The Contractor shall be responsible for and shall maintain the signs if they are used on any street which is directly involved in the construction work. If the parking signs are to be used beyond the confines of the work area, such as another street being used as a detour,the signs will be the responsibility of the City. 6-11H FLAGMEN: The Contractor shall furnish,at his own expense,all flagmen who may be needed. 6-12 TRAFFIC CONTROL WITHIN and ABUTTING the PROJECT: The Contractor shall place and maintain all signs,barricades and warning lights within the limits of the project on all streets, alleys and driveways entering the project so that approaching traffic will turn right or left on existing undisturbed streets before reaching the warning signs and barriers immediately abutting the project. Barricades shall be furnished by the Contractor. The Engineer shall insure that erected barricades conform to requirements of the"Manual on Uniform Traffic Control Devices". Unless otherwise provided in the Special Conditions, the City will assume responsibility for signs and traffic control devices beyond the limits hereinbefore described. 6-13 USE of EXPLOSIVES: Blasting will not be permitted in any case without specific authority of the GC-27 City,and then only under such restrictions as may be required by the proper authorities. If it is necessary to use explosives in the performance of the work, the Contractor shall take out permits and comply with all the laws,ordinances and regulations governing the same. He shall fully protect all completed works as well as all overhead, surface or underground structures and shall be liable for any damage done to the work or to other structures on public or private property and injuries sustained by persons, by reason of the use of explosives and in his operations. Explosives shall be handled, used and fired only by experienced personnel. All firing shall be done by electricity. All explosive supplies shall be safely stored and protected in an approved manner. All such storage places shall be marked clearly "DANGEROUS EXPLOSIVES". Caps or other exploders shall not be stored at the place where dynamite or other explosives are stored. 6-14 RAILROAD CROSSINGS: Wherever a project is being constructed beneath, at grade or above railroad track, it shall be the Contractor's responsibility to contact the railroad company prior to constructing such crossings and to proceed with the construction as directed by the railroad company. The Contractor shall comply with all construction and additional insurance requirements of the railroad company. The Contractor shall hold the City harmless from any and all damages resulting from his operation in the construction at such crossings. (See also 6-05) 6-15 SANITARY PROVISIONS: The Contractor shall provide and maintain in a neat and sanitary condition such accommodations for the use of his employees as may be necessary to comply with the requirements and regulations of the Governmental Agency having jurisdiction thereover. He shall permit no public nuisance. Suitable sanitary conveniences for the use of all persons employed on the work, properly screened from public observation, shall be provided and maintained by the Contractor. 6-16 WATER: The Contractor shall make arrangements with the proper City Officials or private parties for obtaining any water which may be needed at no additional compensation, unless a bid item for water has been provided in the Proposal Form. 6-17 NOISE ELIMINATION: The Contractor shall eliminate noise to as great an extent as possible at all times. Air compressing plants shall be equipped with silencers and the exhausts of all gasoline motors or other power equipment shall be provided with mufflers. 6-18 FOSSILS: If any fossils or treasures or other unusual or valuable geological formations are found in the progress of excavating, such fossils, treasure or samples of geological formations shall be carefully preserved by the Contractor, who shall convey such items to a State or Federal Agency concerned with their preservation and study. These items shall become the property of said State or Federal Agency. 6-19 RIGHT to USE IMPROVEMENT: The City shall have the right to open to traffic or public use any portion of this improvement prior to the final completion of the whole work,but the use of any part or portion of this improvement by the City,by the public, or by any person or party,shall not be construed as acceptance of any portion of the work prior to the time of final completion and acceptance of the entire improvement. 6-20 MONUMENTS and STAKES: The Contractor shall not disturb any monuments or stakes found on the line of this improvement until ordered by the Engineer. The Engineer will furnish and set all new monuments or stakes required along the line of this improvement, but the Contractor will be GC-28 responsible for their protection. In case any monument or stake is disturbed by the Contractor without orders from the Engineer, the Contractor will be charged the cost of the survey and other work required to relocate the same. The Contractor shall give the City 48 hours written notice when he requires the service of the Engineer for laying out any portion of the work. Re-staking of the project will be at the Contractor's expense. The Contractor is required to take every precaution to protect all United States Public Land Survey (USPLS)monuments. In the event the monuments have to be disturbed,the Contractor must notify the Hennepin County Surveyor's office a minimum of 48 hours in advance. 6-21 DISCRIMINATION on ACCOUNT of RACE, CREED, or COLOR: The Contractor agrees that the provisions of Minnesota Statutes, Section 181.59, are as much a part of this Contract as if fully set forth herein. 6-22 INSURANCE AND INDEMNIFICATION: 1. Insurance. No Contractor or Subcontractor shall commence work under this project until it has obtained, at its own cost and expense, all insurance required herein and has complied with all other requirements of this Section. All insurance coverage is subject to approval of the City and shall be maintained by the Contractor for the full term of the project including any guarantee period. The Contractor shall be responsible for the compliance of subcontractors with these insurance requirements. The terms used in this section to specify the required insurance are to be interpreted according to the ordinary usage of the insurance industry. Contractor provides the financial protection of the required insurance to benefit both the City and Contractor. Providing and paying for this insurance (including deductibles and retentions) is part of the consideration which Contractor offers the City. The City does not in any way represent or warrant that the types or limits of insurance specified in this article adequately protect Contractor's interest or sufficiently cover Contractor's liabilities. Prior to starting the Work, Contractor 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 Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies) shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Contractor's coverage shall be primary and noncontributory in the event of a loss. 2. Insurance Coverages Contractor shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: Worker's CompensationStatutory Limits GC-29 Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive General Liability $1,000,000 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) Aircraft Liability With limits proposed by contractor for owner's approval (when applicable) (shall include coverage for all owned,hired and non- owned aircraft) Watercraft Liability $1,000,000 each occurrence (when applicable) (shall include coverage for all owned,hired and non- owned watercraft) Umbrella or Excess Liability $2,000,000 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. Contractor 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. 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. GC-30 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. 3. Proof of Insurance Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-,unless specifically accepted by City in writing. In addition to the requirements stated above,the following applies to the insurance policies required under this Paragraph: a. All polices shall be written on an "occurrence" form ("claims made" and "modified occurrence"forms are not acceptable); b. All polices shall be apply on a"per project"basis; c. All policies, except the Worker's Compensation Policy, shall contain a waiver of subrogation naming"the City of Eden Prairie"; d. All policies, except the Worker's Compensation Policy, shall name "the City of Eden Prairie"as an additional insured; e. All policies, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor 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. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Section, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided, Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated,however,to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. 4. Effect of Contractor's Failure to Provide Insurance If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to GC-31 afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission(including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity,then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity,the City may require Contractor to: 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 Contractor's insurance company. Contractor will take the action required by the City within fifteen(15) days of receiving notice from the City. 5. Indemnification Contractor will indemnify, defend and hold harmless the City and its officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation)with respect to: a. Workers' Compensation benefits payable on account of injury or death to any Contractor employee or to any employee of Contractor's subcontractors, where the injury or death arises out of or is in any way related to the work performed or to be performed under this contract; b. Claims for bodily injury, personal injury, death or property damage or loss asserted by any Contractor employee where the injury, death, damage or loss arises out of or is in any way related to the work performed or to be performed under this Contract; c. Claims for bodily injury,personal injury, death or property damage or loss as asserted by third-parties (including any employees of Contractor or of Contractor's subcontractors, agents, employees or delegates or of any other parties at the work site),where the claim is based in the whole or in any part on, or is in any way related to or arises out of, any act or omission by Contractor, or Contractor's subcontractors, agents, employees or delegates. d. Consultant further agrees to indemnity the City for defense costs incurred in defending any claims,unless the City is determined to be at fault. Contractor agrees that the indemnities stated in this section should be construed and applied in favor of indemnification. To the extent permitted by law, and except as declared unenforceable pursuant to Minnesota Statutes Chapter 337, the stated indemnities apply regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying harm is attributable to the negligence or otherwise wrongful act or GC-32 omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor also agrees that if applicable law, including Minnesota Statutes Chapter 337, limits or precludes any aspect of the stated indemnities, then the indemnities will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnities continue until all applicable statutes of limitations have run. 6-23 WORKING HOURS: The normal working hours under this Contract shall be between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday. The Contractor may apply for changes to these hours by writing to the City Engineer. Work performed after dark shall be adequately illuminated. 6-24 TREES: Trees scheduled for removal shall be so designated by the Engineer. Unauthorized removal of trees by the Contractor shall be replaced caliper inch for caliper inch but in any event all replacement trees shall be Oak(or approved equal) and shall have a minimum 4" diameter and shall meet the requirements of MnDOT 3861. The replacement of trees so removed shall be at the expense of the Contractor. SECTION 7-MEASUREMENT AND PAYMENT 7-01 MEASUREMENT: The determination of pay quantities or work performed under the Contract will be made by the Engineer based upon the lines, grades, and cross sections given, or measurements made by him or his assistants. All items will be computed in the units in the Proposal. 7-01A CLAIMS: To receive any payment on this Contract, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 7-02 SCOPE of PAYMENT: The Contractor shall accept the compensation,as provided in the Contract, in full payment for furnishing all materials, labor, tools and equipment necessary to the completed work and for performing all work contemplated and embraced under the Contract; also for loss or damage arising from the nature of the work, or from the action of the elements, or from any unforeseen difficulties which may be encountered during the prosecution of the work until the final acceptance by the City, and for all risks of every description connected with the prosecution of the work; also for all expenses incurred in consequence of the suspension or discontinuance of the work as herein specified; and for completing the work according to the Plans and Specifications. (See also GC 4-03). Neither the payment of any estimate nor of any retained percentage shall relieve the Contractor of any obligation to make good any defective work or material. Payment will be made only for materials actually incorporated in the work. (For payment of materials on site, see GC 7-04). The unit Contract prices for the various bid items of the Contract shall be full compensation for all labor, materials, supplies, equipment, tools and all things of whatsoever nature required for the complete incorporation of the item into the work the same as though the item were to read "In Place",unless the Plans and Specifications shall provide otherwise. 7-03 PAYMENT of EXTRA WORK: Adjustments, if any, in the amounts to be paid the Contractor by reason of any change, addition, or deduction, shall be determined by one or more of the following GC-33 methods: 1. FOR ITEMS COVERED BY THE PLANS AND SPECIFICATIONS: The City reserves the right to increase or decrease, within reasonable limits, any of the quantities shown. The term "reasonable limits" shall mean a 25 percent increase or decrease in the quantities on any one Contract item. In the event the actual quantities differ more than the reasonable limits, an equitable revision of the unit price shall be made when requested by either the City or the Contractor. This 25 percent limit does not apply to items specifically excluded or listed as optional by the City, nor to minor Contract items, (items amounting to ten percent or less of the total Contract). 2. FOR ITEMS NOT COVERED BY THE PLANS AND SPECIFICATIONS: If the Engineer orders, in writing, the performance of any work not covered by the Plans or included in the Specifications, and for which no item in the Contract is provided, and for which no unit price or lump sum basis can be agreed upon, then such extra work shall be done on a Cost- Plus-Percentage basis of payment as follows: a. The Contractor shall be reimbursed for all costs incurred in doing the work and shall receive an additional payment of 5% of all such cost to cover his indirect overhead costs,plus 10%of all cost,including indirect overhead as his fee. b. The term "cost" shall cover all payroll charges for men employed and supervision required under the specific order, together with all Worker's Compensation, Social Security, pension and retirement allowance and social insurance, or other regular payroll charges on same; the cost of all material and supplies required of either temporary or permanent character; rental of all power-driven equipment at agreed- upon rates, together with cost of fuel and supply charges on same; and any other costs incurred by the Contractor as a direct result of executing the order, if approved by the Engineer. c. The cost of the work done each day shall be submitted to the Engineer in a satisfactory form on the succeeding day, and shall be approved by him or adjusted at once. d. Monthly payments of all charges for Force Account Work in any one month shall be made in full on or before the 24th of the succeeding month contingent upon City Council approval. These payments shall include the full amount of fee earned on the cost of the work done. Claims for extra work not ordered in writing by the Engineer will not be allowed. (See also GC 4-02,4-03,and 4-04). 7-04 PROGRESS PAYMENTS, RETAINED PERCENTAGE: Progress Payments will be issued on or before the 24th day of the month for all work completed to the end of the preceding month. Progress estimates shall be prepared by the Engineer as accurately as the available information will permit but the only estimate that is binding will be the final estimate. Before the final estimate is prepared, all quantities will be reviewed and rechecked. Progress payments will be made in cash or equivalent. The City will retain 5%of the total amount owing the Contractor until 30 days after the GC-34 Contract has been completed and accepted by the City. In accordance with Minnesota Statute 15.73,the Contractor may elect to provide securities in lieu of retainage. However, the Contractor shall inform the City of this intention and provide the proper securities in the amount of 5%of the total contract price prior to the first payment being made on the contract. If no claims or liens have been filed within a 30-day period, the retained percentage will be paid within 25 days of the expiration thereof. Should any liens or claims be filed,the retained percentage will be held until satisfactory agreement is reached between the City, the Contractor and the Contractor's surety. Monthly estimates may include 90% of the value of acceptable materials required in the construction, which have been delivered on the site of the work or adjacent railway siding, and for which acceptable provisions have been made for preservation and storage. Such material when so paid for by the City shall become the property of the City, and in the event of the default on the part of the Contractor, the City may use or cause to be used such materials in construction of the work provided for in the Contract. The amount paid by the City for materials shall reduce estimates due the Contractor as the material is used in the work. The Contractor shall pay to any Subcontractor,within 10 days of the Contractors receipt of payment from the City, for undisputed services provided by the Subcontractor. The Contractor shall pay interest of one and one-half percent per month or any part of a month to a Subcontractor on any undisputed amount not paid on time to the Subcontractor. The minimum monthly interest payment for unpaid balance of$100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual amount due to the Subcontractor. The City may withhold, in addition to retained percentages, from payment to the Contractor such an amount or amounts as may be necessary to cover: 1. Defective work not remedied. 2. Claims for labor or materials furnished the Contractor or subcontractor, or reasonable evidence indicating probable filing of such claims. 3. Failure of the Contractor to make payments properly to subcontractors or for material or labor. 4. Amounts necessary to insure that an overpayment on the total Contract amount will not occur. 5. Evidence of damage to another contractor or private property. The City may disburse and shall have the right to act as agent for the Contractor in disbursing such funds as have been withheld pursuant to this paragraph to the party or parties who are entitled to payment therefrom but the City assumes no obligation to make such disbursement. The City will render to the Contractor a proper accounting of all such funds disbursed. 7-05 ENGINEER'S ACTION on a REQUEST for PAYMENT: Within ten (10) days of submission of any Request for Payment by the Contractor,the Engineer shall: GC-35 1. Approve the Request for Payment as submitted;or 2. Approve such other amount as he shall decide is due the Contractor, informing the Contractor in writing of his reasons for approving the amended amount;or 3. Withhold the Request for Payment, informing the Contractor in writing of his reasons for withholding it. 7-06 CITY'S ACTION on an APPROVED REQUEST for PAYMENT: Within 30 days from the date of approval of a Request for Payment by the Engineer,the City shall: 1. Pay the Request for Payment as approved; or 2. Pay such other amount as he shall decide is due the Contractor, informing the Contractor and the Engineer in writing of his reasons for payment of the amended amount;or 3. Withhold payment, informing the Contractor and the Engineer of his reasons for withholding payment. 7-07 PAYMENT for UNCORRECTED WORK: Should the Engineer direct the Contractor not to correct work that has been damaged or that was not performed in accordance with the Contract Documents, an equitable deduction from the Contract amount shall be made to compensate the City for the uncorrected work. 7-08 PAYMENT for REJECTED WORK and MATERIALS: The removal of work and materials rejected under GC 5-05 and the re-execution of acceptable work by the Contractor shall be at the expense of the Contractor, and he shall pay the cost of replacing the work of other contractors destroyed or damaged by the removal of the rejected work or materials and the subsequent replacement of acceptable work. Removal of the rejected work or materials and store of materials by the City, in accordance with GC 5-05, shall be paid by the Contractor within 10 days after written notice to pay is given by the City. If the Contractor does not pay the expenses of such removal and after ten (10) days written notice being given by the City of its intent to sell the materials,the City may sell the materials at auction or at private sale and shall pay to the Contractor the net proceeds therefrom after deducting all the costs and expenses that should have been borne by the Contractor. 7-09 PAYMENT for WORK SUSPENDED by the CITY: If the work or any part thereof shall be suspended by the City and abandoned by the Contractor as provided in GC 3-03,the Contractor will then be entitled to payment for all work performed on the portions so abandoned, plus 15% of the value of the uncompleted portion of the abandoned work to compensate for overhead,plant expense, and anticipated profit,and which action shall terminate the Contract. 7-10 PAYMENT for WORK by the CITY: The cost of the work performed by the City in removing construction equipment, tools and supplies in accordance with GC 3-15, and correcting deficiencies in accordance with GC 3-16 and GC 4-06, shall be paid by the Contractor. 7-11 PAYMENT for WORK FOLLOWING CITY'S TERMINATION of the CONTRACT: Upon termination of the Contract by the City, in accordance with GC 3-17, no further payments shall be GC-36 due the Contractor until the work is completed. If the unpaid balance of the Contract amount shall exceed the cost of completing the work, including all overhead costs, the excess shall be paid to the Contractor. If the cost of completing the work shall exceed the unpaid balance,the Contractor shall pay the difference to the City. The cost incurred by the City, as herein provided, and the damage incurred through the Contractor's default, shall be certified by the City, and approved by the Engineer. 7-12 PAYMENT for WORK TERMINATED by the CONTRACTOR: Upon termination of the Contract by the Contractor,in accordance with GC 3-18,the Contractor shall recover payment from the City for work performed, plus loss on plant and materials, plus established profit and damages, as approved by the Engineer. 7-13 RELEASE of LIENS: Before final payment is made to the Contractor for the work,the Contractor shall endeavor to obtain and deliver to the City a complete release of all liens arising out of this Contract or receipts in full in lieu thereof, but the Contractor may, if any sub-contractor refuses to furnish a release of lien or receipt in full, furnish a bond satisfactory to the City which will indemnify the City against any lien. The Contractor shall in either case supply a form evidencing Consent of Surety to final payment. If any lien remains unsatisfied after all payments are made to the Contractor, the Contractor shall refund to the City all money that the latter may be compelled to pay in discharging such a lien, including all costs and a reasonable attorney's fee. 7-14 INCOME TAX WITHHOLDING: No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 7-14A AUDIT: The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor (for a period of six years after the effective date of this Contract). 7-15 ACCEPTANCE and FINAL PAYMENT: When the Contractor shall have completed the work in accordance with the terms of the Contract Documents, the Engineer shall certify his acceptance to the City and his approval of the Contractor's final Request for Payment,which shall be the Contract amount plus all approved additions less all approved deductions and less previous payments made. The Contractor shall furnish a notarized certificate that he has fully paid all debts for labor, materials, and equipment incurred in connection with the work, following which the City shall accept the work and release the Contractor except as to: (1)the conditions of the Performance Bond; (2) any liens, claims, security interests, or encumbrances arising out of the Contract and unsettled; (3) failure of the work to comply with the requirement of the contract documents; (4) the terms of any special warranties required by the contract documents; (5) any correction of faulty work after final payment; and (6) any other legal rights to the City. The City shall authorize payment of the Contractor's Final Request for Payment. The Contractor must allow sufficient time between the time of completion of the work and approval of the final request for payment for the Engineer to assemble and check the necessary data. The approval of a request for a final or progress payments by the Engineer and the making of a fmal GC-37 or progress payment to the Contractor does not relieve the Contractor of responsibility for faulty material or workmanship and the City by such payment does not waive any claims of overpayment resulting from mathematical error, unauthorized work, or from any other cause. No final payment shall be made to Contractor until Contractor has provided satisfactory evidence to the City that the Contractor and each of its Subcontractors has complied with M.S.290.92 relating to withholding of taxes upon wages. A certificate by Commissioner of Revenue shall satisfy this requirement. 7-16 TERMINATION of CONTRACTOR'S RESPONSIBILITY: The Contract will be considered complete when all work has been finished, the final inspection made by the Engineer, and the project accepted in writing by the City. The Contractor's responsibility shall then cease, except as to the obligation set forth in Paragraph 5-10, as set forth in the Performance Bond and Payment Bond, as required by any guarantee provided herein, and as to any obligation imposed or prescribed by law. 7-17 CORRECTION of FAULTY WORK AFTER FINAL PAYMENT: The Contractor shall be held responsible for any and all defects in workmanship and materials which may be developed in any part of the entire installation furnished by him, and upon written notice by the Engineer shall immediately replace and make good without expense to the City any such faulty part or parts and damage done by reason of same, during the period of two years from the date of final acceptance of the installation. Should the Contractor fail to make good the defective parts within a period of 30 days of such notification, after written notice has been given him, the City may replace these parts, charging the expense of same to the Contractor. (See GC 5-09 and GC 5-10). 7-18 LIMITATIONS: Nothing contained in Sections 5-10, 7-15, 7-16, or 7-17 shall be construed to establish a period of limitation with respect to any other obligation which the Contractor might have under or by virtue of the Contract Documents, expressed or implied. The establishment of a time period of two (2)years to correct faulty work after the date of final acceptance of the installation or such longer period of time as may be prescribed by law or by the terms of any warranty required in the Contract Documents has no relationship to the time within which his obligation to comply with the Contract Documents may be sought to be enforced, nor the time within which proceedings may be commenced to establish the Contractor's liability with respect to his obligations under the Contract Documents. GC-38 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 15, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.J. Kristi Etter, IT Manager Agreement for Fiber Expansion Project— Phase 2 Requested Action Move to: Approve agreement with Compass Consulting for phase 2 services for expansion of the fiber optic network to City remote sites. Synopsis Phase 2 of this project will provide fiber optic connection to three of the four Fire Stations and the Senior Center. Funding for this project will come from the CIP budget for Fiber to LOGIS and Remote Sites for 2013 and 2014 as construction is likely to extend into 2014. Estimated engineering, construction and leasing costs for fiber for Phase 2 are as follows: • Estimated Engineering for Phase 2 sites: $ 10,890 (included in the $37,335 previously approved in the Council Meeting from September 17th) • Estimated Fiber Lease for Phase 2 sites: $ 230/mo • Estimated Fiber Construction for Phase 2 sites: $ 61,800 Background Information This project will improve connectivity and provide a stable infrastructure to the city's remote locations by eliminating the need for the Alvarion Wireless connections currently in place, and will create redundancy in the network. The city has been working with Compass Consultants Inc. for construction of this fiber network for nearly two years. Future phases of this project will include Fire Station 4, the Art Center, and the Outdoor Center. Attachments • Compass Quote • Compass Site Plans Eden Prairie City-Sites with potential for Fiber Optic connection Arvig EP School Est Dist Est Dist (ft)of Est Fiber Est Dist Est Const (ft)of Est Fiber Phase/ Fiber Lease/ (ft)of Cost of Fiber Fibers Lease/ Priority Site Street Address City Approx Lat Approx Long Lease Rt Fibers Mo Lateral Lateral Fibers Lease Rt Leased Month Engineering Notes Connect to EP School fiber along Eden Prairie Rd-need location of closest 2/1 Fire Station#1 Scenic Heights Road&Mitchell I Eden Prairie 44 51 19 N -93 27 52 W 1,900 2 $100.00 1,900 $22,800.00 $ 3,390.00 HH 2/2 Fire Station#2 Sunnybrook Road&Homeward Eden Prairie 44 50 09 N -93 25 48 W EP School 2 $ - 2,500 $30,000.00 $ 4,400.00 2/3 Fire Station#3 Valley View Road&Eden Prairie Eden Prairie 44 52 10 N -93 29 10 W EP School 2 $ - 500 $ 6,000.00 $ 1,700.00 2/4 Senior Center Sutton Drive&Eden Prairie Row Eden Prairie 44 50 26 N -93 28 53 W 10,650 2 $130.00 250 $ 3,000.00 $ 1,400.00 $230.00 $61,800.00 $10,890.00 FIBER OPTIC CONSTRUCTION AGREEMENT BETWEEN ARVIG ENTERPRISES,INC. AND THE CITY OF EDEN PRAIRIE PHASE 2 THIS FIBER OPTIC CONSTRUCTION AGREEMENT PHASE 2 ("Agreement") is entered into between ARVIG ENTERPRISES, INC., a Minnesota corporation (hereinafter referred to as "Arvig") and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation (hereinafter referred to as the "City"), Arvig and the City collectively hereinafter referred to as the "Parties". RECITALS A. Arvig has constructed and maintains fiber optic networks ("Existing Network") in the City. Arvig provides fiber optic service over the Existing Network. B. The Parties are interested in constructing and installing additional fiber ("Additional Network"), connecting the Additional Network to the Existing Network, and establishing a lease agreement detailing ownership, maintenance and service related to the Additional Network. C. The Parties desire to enter into this Agreement to outline their respective duties and obligations as it relates to above-described construction, installation,maintenance, and service. NOW, THEREFORE, in consideration of their mutual covenants the Parties agree as follows: 1. DEFINITIONS. The following terms and phrases as used in this Agreement shall mean: A. "Agreement" means this fiber optic agreement between Arvig and the City for construction, installation, maintenance, and service related to the Additional Network. B. "Additional Network" means the fiber constructed and installed pursuant to this Agreement as set forth on Exhibit A and consisting of the installation of fiber to Fire Station #1; Fire Station#2; Fire Station#3; and the Senior Center. C. "Fiber"means a glass strand or strands which is/are protected by a color coded buffer tube and which is/are used to transmit a communication signal along the glass strand in the form of pulses of light. 2. ARVIG' OBLIGATIONS. A. Fiber Installation. Arvig shall: 1 of 9 i. Construct and install all fiber for the Additional Network consistent with current industry standards. All Fiber shall meet the specifications contained in RUS PE-90 attached hereto as Exhibit B. ii. Connect the fiber constructed and installed as part of the Additional Network to Arvig's Existing Network. iii. Take appropriate steps to protect existing materials and systems including floors, walls, and ceilings from damage. Arvig shall remove all water from exterior wall penetration and prevent other water related damage. iv. For any exterior below grade wall penetrations Arvig shall meet the following core drill requirements: - Seal to prevent water infiltration. -No visible light transmission or air movement through the opening area. -Patch openings to fill remaining wall opening,be flush with adjacent wall face and be watertight. Utilize non-shrink grout to fill openings. v. Provide reel end splicing for all Fiber. vi. Provide, as necessary, termination for all of the Fiber. vii. Conduct pre-installation check of Fiber optic cable - verify correct fiber optic cable distance, manufacturer's specifications, and check for material defects and document that the fiber optic cable is free from defects. Minimum of dB loss test of Fiber must be performed and results recorded for each Fiber prior to deployment. viii. Perform distance test, fiber optic cable loss test, event loss test, link loss, return loss, and link-return loss. All attenuation tests must be done at 1310 and 1550 nm. ix. Perform OTDR tests on all strands of the Fiber and store test results on floppy disk (Bellcore FMTAP format) and provide a printed report. All testing must be done through connectors and must be done in both directions. Testing must be done at both 1310 and 1550 nm. Shield continuity must be tested and verified after cable installation and splicing is complete. Optical power loss for each individual connector must not be more than 0.3 dB and for each splice point must not be more than 0.15 dB. 2 of 9 B. Laws, Regulations, Rules and Policies. Arvig shall perform all obligations pursuant to this Agreement in compliance with all applicable laws, regulations, rules and policies. Arvig shall obtain any required permits and permissions before commencing any activity under this Agreement. C. Notification of Construction and Installation. Prior to any construction or installation of the Additional Network, Arvig shall: i. Notify the City of the times and locations of the construction or installation; ii. Provide any affected property owners with reasonable notice of the construction or installation activities; and iii. Take all appropriate safety precautions including but not limited to installation of detour and caution signs for affected roadways. D. Restoration of Damaged Property. Arvig shall restore to its previous condition any property damaged by the performance of any obligation pursuant to this Agreement within 35 days of the occurrence of the damage. If Arvig fails to restore any property within 35 days, the City may restore the property and either invoice Arvig for the cost of the restoration or offset the cost of restoration against any amounts the City owes to Arvig. Arvig shall pay any such invoice within 35 days of receipt. E. Service. Arvig shall provide fiber service to all properties connected to the Additional Network. Arvig shall be responsible for all service, rate setting and invoicing. 3. CITY OBLIGATIONS. A. Fiber Connections to Laterals. The City will coordinate with Arvig in connecting the Additional Network to the buildings. B. Repair and Maintenance of Fiber. The City shall maintain the Additional Network to industry standards. The City shall be responsible for all costs of repair and maintenance. C. Locates. The City shall be responsible for all locates of infrastructure for the Additional Network including Gopher State One Call locates. The City shall bear the cost of all locates for the Additional Network. D. Payment. The City shall pay Arvig $61,800 for the construction and installation of the Additional Network. Upon the completion of the construction and installation of the Additional Network, Arvig shall provide the City with documentation detailing the completion. The City shall pay to Arvig within 35 days of receipt of the documentation and Invoice. 3 of 9 4. OWNERSHIP OF FIBER. The City shall own all fiber installed as part of the Additional Network. 5. RELOCATION OF FACILITIES. Any relocation of facilities shall be in conformance with City policies. 6. GENERAL CONDITIONS. The City's General Conditions to the Standard Specifications For Construction are attached hereto as Exhibit C and incorporated herein as if fully set forth. 7. INTEGRATION. The entire and integrated agreement of the Parties as contained in this Agreement shall supersede all prior negotiations, representations, or agreements between the Parties regarding the Additional Network; whether written or oral. 8. AMENDMENTS. Amendments to this Agreement shall be effective only if in writing and executed by all Parties to the Agreement. 9. COUNTERPARTS. This Agreement may be executed in one or more counterparts, all of which shall be considered one and the same agreement and shall become effective when one or more counterparts have been signed by each of the Parties and delivered to the other Party, it being understood that all Parties need not sign the same counterpart. 10. SEVERABILITY. If any provision of this Agreement shall be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the Parties. 11. CONTROLLING LAW. The laws of the State of Minnesota shall govern all interpretation of this Agreement. Any legal actions shall be venued in Hennepin County, Minnesota. 12. CAPTIONS. The captions or section headings in this Agreement are for convenience only and in no way defend, limit, or describe the scope or intent of any provision, section or clause of this Agreement. IN WITNESS THEREOF, the Parties have caused this Agreement to be executed by their duly authorized officials. [Signature Pages to Follow] 4 of 9 ARVIG ENTERPRISES,INC. By: Andy Klinnert Its: By: Its: 5 of 9 CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Mayor Rick Getschow, City Manager 6 of 9 EXHIBIT A Depiction of Additional Network—Phase 2 7 of 9 EXHIBIT B Specifications 8 of 9 EXHIBIT C General Conditions 9 of 9 f) mig Rig a c a°mac' A AE wig 9. Ada rn n Sheridan La DW $ R o $ R$ P F 0 30 —^ o --SEE SITE A1P0521B--- 0+00 HH or fig , y 2aai 0+08 EOP C) M DW CD 0+48 EOP n 2 (D EE CO 4 r-F N = 1 1-/ to Hiawatha Ave i-22 2+78 CL •SEE SITE PLAN.. 3+08 HH DW ag yi DW awatha Cir mod t p m n m T 0 D z T N .. Q y♦/nn' 9' fTl 0 � B jm^O • �0�7 it 8 o O m`J -om E G) `T m D w ! 1 1 it 1 1 N m m I 'Z' 1 m b _ 1 1 1 I1 1 180' ,i,,,,___I'll J -T D 1 7:1 1 T Z 0 co O I N _ m 4, 0 > n F z 2 m 00O OD m r pOc ��m mo� - zN m OWao m m - (1) Q0 �Kvo 070OC ,0 p cm�'= M-1 > m � 2'-h i 1o8 Dm Z cn ZmpZ y ,mZO n H T Z O0z>O Ory 3z zm m Q. P 0Z 0 m 1 r * Ti z 1 1 D �7 1 !,,,_ T Z 1- 0 1 1 D. al m1/,�, ,<TmD m�TE � _ N ,r, , za� mm o too`/Y//'�� c O P .. t N 2 S N _A -1 ( f Ny (7 - 'm m 8R. m n O , aE y B,oO r z ypa F7 CO j m C) o 7 m gym/'1 �No r 0 :Ri g a i - n 0 ¥\._ \\ \ �&Z¥� \\\ ` CO / ƒ . / z I\ ` � |!;| ; =;,:;` K® ___ r � , , !_:"_8m » a 9 ) \m / Hom >�dHIs/\ - f_ «»«/ §;Sƒq - -- ______ iM • { ________-- T - - ■/ + |`;_ ` i =\ ¥ ;. z / / il 61, "I Pi I I F ! 2), ;|} . . , o ! 0_ 0_ ; t a\ f&0 29| ' ; \�'.H _ , . w , , § A - > <! _ .. ±alm ® \ ` ` _- ;,� _ } ; -'" 0 8 B a 2� . . . . . . . . ° o | Q \ !:to ¥ , § k�� . ! ` ` : - - R$ l;m� /! \ ; ( 2 , , ) \ ( / / ! w ; ` D21D O m E. V nOn C m ti _sa j a N 51 I. C) FEqm0 bon OOm wy0 Cl) a v Cl) m m m m co_ co m _m m m o - o ooa 1 0 v,aoH - s a�Ma - (- p�s111H p •----�- cn m m co .4W a ca i, N sa) -1 - r v c r v el In liel a X =oaoI _ m ¢ A f �m m R D m r H - 3 a T m o �I zoy�.IJ , I l m T r 0 = _ `D O ®! �Ny� x n i Q ( ' m 5 m- ° 5 O N 30 3 f.o^O r Z �F7 _ m o SD o �'O'O`J m 6 0 N 1 n I co Da,tmoUth o Ave 0 ra wm� 9ti0 a�311S 33S ••• •• • Z••H °° o - g .r��Njt/J ��8 D fd j v n1 p m n a Q 'm R. m' ° O - 6 N m O D S. '• 1"r� m j O o co g�o r Z y - - f D o ��,�P1 00 (rj' '� N Z ,, a P J m, w w I I 1 \ - — N \\I --\ /, ,\ ' 6,?2%,,o/ \,\ I ' I ...... N 8L I .N. 1 i \ ?to O i ' sFF O O stiF 1 FTC Q173 N oo�♦ t I I 1 i I 1 1 \\\ t GO dI !arno xs 1 in c 170 m TTi c m m r N) Z m H \ II O o GO pm O I 0 0 0 a 1 o K g, -r9 a ,T m @ ¢ A o amA UJ O rn .. �J A. 2 'm g} zoy o 8 m D T O v m O �f g 5Ny� 77 nQ °: m� m H w w d / / Parking Lot v CCf-) 1-.1 * x m x oo 1 w 0+72 EX H �Ci• . - - - - _ I 254' - r MO?J _ __ MOMM OM 0+00 EOP / �-,- 70 cn Eden Prairie Rd 0 0 r m I 73 Eden Prairie Rd a 1' 1i 5,/,�1 4.R D y / 3 a T m o 3° a ml"II YI �9 mD m ^S .r 0 2 a N ° 4. rcn) N E. o^ r z y� -Fin - fD o 0 7 6��`J x@ w 0 W z w mO mz CO (-)m N W m rD D03 4'Z= niH m D nv -o x mH z 0 O \ r DS70 OD y Z, ( n xPA N \ omx m 1 �yZ z / 1 ,m i II W Cf)U Senior Center f0. p PARKINGLOT 4 �oI^ ob 1 g D o+aa a_ — ----- SEE ILEC SUB SEG 8F=• Eden Prairie Rd D D p 'g II s 1 Q 1 m I 3 0_ I I I I I o o4 N o i o1 19 A gy /^, I1g me g D .. - 3 � m N" o a ro A/l!1/^J� 3 y D O Q • •.. x m = p "a'�uJ z� ��' W D v e O s,Nm �,� a o c 'm d. s m D T v B,o ` r z g 4 4, w EXHIBIT B Specifications The specifications are contained in RUS PE-90 which is currently not accessible due to the Federal Government shut down. As soon as the document becomes available it will be inserted as Exhibit B. Rev. 2009 GENERAL CONDITIONS TO THE STANDARD SPECIFICATIONS FOR CONSTRUCTION CITY OF EDEN PRAIRIE,MINNESOTA SECTIONS SECTION 1 -DEFINITIONS SECTION 2-PLANS, SPECIFICATIONS AND RELATED DATA SECTION 3 -ENGINEER-OWNER-CONTRACTOR RELATIONS SECTION 4- SCOPE OF WORK SECTION 5 -MATERIALS AND WORKMANSHIP SECTION 6-LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC SECTION 7-MEASUREMENT AND PAYMENT TABLE OF CONTENTS TITLE PAGE SECTION I-DEFINITIONS GC 1-01 General 7 GC 1-02 Contract 7 GC 1-03 City or Municipality 7 GC 1-04 Engineer 7 GC 1-05 Consultant or Special Engineer 7 GC 1-06 Work or Project 7 GC 1-07 Specifications 7 GC 1-08 Special Conditions 7 GC 1-09 Supplemental Specifications 7 GC 1-10 Plans 8 GC 1-11 Bidder 8 GC 1-12 Proposal 8 GC 1-13 Proposal Guaranty 8 GC 1-14 Contractor 8 GC 1-15 Subcontractor 8 GC 1-16 Contract Bond 8 GC 1-17 Surety 8 GC 1-18 Written Notice 8 GC 1-19 Governmental Agency 8 GC 1-20 Act of God 8 GC 1-21 Days 8 GC 1-22 Working Days 9 GC 1-23 Time of Completion 9 GC-1 TABLE OF CONTENTS TITLE PAGE SECTION 2-PLANS,SPECIFICATIONS AND RELATED DATA GC 1-24 Inspector 9 GC 1-25 Laboratory 9 GC 2-01 Intent of Plans and Specifications 9 GC 2-02 Conflict 9 GC 2-03 Discrepancies in Plans 9 GC 2-04 Adequacy of Plans and Specifications 10 GC 2-05 Plans and Specifications at Job Site 10 GC 2-06 Shop Drawings 10 GC 2-07 Examination of Plans and Specifications 10 GC 2-08 Dimensions 10 GC 2-09 Models 11 GC 2-10 Private Projects 11 SECTION 3-ENGINEER-OWNER-CONTRACTOR RELATIONS GC 3-01 Engineer's Responsibility and Authority 11 GC 3-02 Suspension of Work by Engineer 11 GC 3-03 Suspension of Work by City 12 GC 3-04 Suspension of Work by Contractor 12 GC 3-05 Arbitration 12 GC 3-06 Conflicts 13 GC 3-07 Limitation of Remedies 13 GC 3-08 Examination of Completed Work 13 GC 3-09 Contractor's Superintendents 13 GC 3-10 Contractor's Employees 13 GC-2 TABLE OF CONTENTS TITLE PAGE SECTION 3-Continued GC 3-11 Inspectors 13 GC 3-12 Lands by City 14 GC 3-13 Lands by Contractor 14 GC 3-14 Private Property 14 GC 3-15 Removal of Construction Equipment,Tools,and Supplies 14 GC 3-16 City's Right to Correct Deficiencies 14 GC 3-17 City's Right to Terminate Contract and Complete the Work 14 GC 3-18 Contractor's Right to Terminate Contract 15 GC 3-19 Injunctions 16 GC 3-20 Rights of Various Interests 16 GC 3-21 Separate Contracts 16 GC 3-22 Subcontracts 16 GC 3-23 Work During an Emergency 17 GC 3-24 Oral Agreements 17 GC 3-25 Construction Schedule 17 GC 3-26 Delays and Extension of Contract Time 17 SECTION 4-SCOPE OF WORK GC 4-01 Estimate of Quantities 18 GC 4-02 Additional Instructions 18 GC 4-03 Changes or Alterations in the Work 18 GC 4-04 Interpretations and Change Orders 19 GC 4-05 Salvage 19 GC 4-06 Cleanup 19 GC-3 TABLE OF CONTENTS TITLE PAGE SECTION 5-MATERIALS AND WORKMANSHIP GC 4-07 Taxes 19 GC 4-08 Removal of Construction Equipment,Tools,and Supplies 19 GC 5-01 Quality of Equipment and Materials 19 GC 5-02 Materials Furnished by the City 20 GC 5-03 Materials Furnished by the Contractor 20 GC 5-04 Storage of Materials 20 GC 5-05 Rejected Work and Materials 21 GC 5-06 Manufacturer's Directions 21 GC 5-07 Cutting and Patching 21 GC 5-08 Patents 21 GC 5-09 Contract Bond 21 GC 5-10 Guaranty 22 GC 5-11 Overweight Policy 22 SECTION 6-LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC GC 6-01 Contractor's Responsibilities 22 GC 6-02 Data Practices Act 23 GC 6-03 Discrimination 23 GC 6-04 Use of Premises 23 GC 6-05 Privileges of Contractor in Streets,Right-of-Way and Easement 23 GC 6-06 Safety 24 GC 6-07 Failure to Pay for Labor and Materials 24 GC 6-08 Moving of Public and Private Utilities 24 GC 6-09 Protection of Public and Private Utilities 25 GC-4 TABLE OF CONTENTS TITLE PAGE SECTION 6—Continued GC 6-10 Damage to Existing Improvements and Utilities 25 GC 6-11 A Maintenance of Traffic 26 GC 6-11B Street Closures or Partial Closures 26 GC 6-11C Existing Traffic Signs and Facilities 27 GC 6-11 D Detours 27 GC 6-11 E Local and Emergency Traffic 27 GC 6-11F Protection of Pedestrian and Vehicular Traffic 27 GC 6-11 G Restriction of Parking 27 GC 6-11H Flagmen 27 GC 6-12 Traffic Control within and Abutting the Project 27 GC 6-13 Use of Explosives 27 GC 6-14 Railroad Crossings 28 GC 6-15 Sanitary Provisions 28 GC 6-16 Water 28 GC 6-17 Noise Elimination 28 GC 6-18 Fossils 28 GC 6-19 Right to Use Improvement 28 GC 6-20 Monuments and Stakes 29 GC 6-21 Discrimination on Account of Race,Creed or Color 29 GC 6-22 Insurance 29 GC 6-23 Working Hours 33 GC 6-24 Trees 33 GC-5 TABLE OF CONTENTS TITLE PAGE SECTION 7-MEASUREMENT AND PAYMENT GC 7-01 Measurement 33 GC 7-01A Claims 33 GC 7-02 Scope of Payment 33 GC 7-03 Payment for Extra Work 34 GC 7-04 Progress Payments,Retained Percentage 35 GC 7-05 Engineer's Action on a Request for Payment 36 GC 7-06 City's Action on an Approved Request for Payment 36 GC 7-07 Payment for Uncorrected Work 36 GC 7-08 Payment for Rejected Work and Materials 36 GC 7-09 Payment for Work Suspended by the City 36 GC 7-10 Payment for Work by the City 37 GC 7-11 Payment for Work Following City's Termination of the Contract 37 GC 7-12 Payment for Work Terminated by the Contractor 37 GC 7-13 Release of Liens 37 GC 7-14 Income Tax Withholding 37 GC 7-14A Audit 37 GC 7-15 Acceptance and Final Payment 37 GC 7-16 Termination of Contractor's Responsibility 38 GC 7-17 Correction of Faulty Work after Final Payment 38 GC 7-18 Limitations 38 GC-6 GENERAL CONDITIONS CITY OF EDEN PRAIRIE,MINNESOTA SECTION 1 -DEFINITIONS 1-01 GENERAL: For the purposes of the Contract Documents and any documents or instruments dealing with the construction operations governed by these Documents, the terms defined in this section have the meanings given them. 1-02 CONTRACT: The term means the Contract Documents. The Contract Documents consist of the following: 1. Legal and Procedural Documents a. Notice to Contractors-Advertisement for Bids b. Instructions to Bidders c. Accepted Proposal Form d. Proposal Guaranty e. Contract Agreement f. Contractor's Performance and Payment Bond 2. Special Conditions 3. Detail Specifications 4. General Conditions 5. Plans 6. Addenda and Supplemental Agreements 1-03 CITY or MUNICIPALITY: The term means the City of Eden Prairie, County of Hennepin, State of Minnesota,acting by its City Council or duly authorized officers(the Owner). 1-04 ENGINEER: The City Engineer for the City of Eden Prairie or his designated representative. 1-05 CONSULTANT or SPECIAL ENGINEER: As defined in Special Conditions. 1-06 WORK or PROJECT: As defined in Special Conditions. 1-07 SPECIFICATIONS: The term means the directions,provisions,and requirements contained herein, together with all written agreements made or to be made pertaining to the method and manner of performing the work, or to the quantities and qualities of materials to be furnished under the Contract. 1-08 SPECIAL CONDITIONS: The term means contract requirements peculiar to the project which are not otherwise thoroughly or satisfactorily detailed and set forth in the Specifications. 1-09 SUPPLEMENTAL SPECIFICATIONS: The latest edition of the Minnesota Department of Transportation Standard Specifications for Highway Construction and the City of Eden Prairie Standard Detail Specifications for the Construction of Sanitary Sewer, Storm Sewer, and Watermain GC-7 Systems, shall apply, together with all requirements of the Minnesota Department of Health and Industrial Commission, except as altered or modified by the Special Conditions. Where there is a discrepancy between the Specifications of the City of Eden Prairie and those of Minnesota Department of Transportation,the General Conditions of the City of Eden Prairie shall apply. The Contractor herein agrees to comply with the Minnesota Occupational Safety and Health Act of 1973 for the performance of the work. The Contractor shall comply with Minnesota Statutes Section 363 concerning the rules and regulations of the Minnesota Department of Human Rights. 1-10 PLANS: The term means the official drawings, plans, profiles, typical cross sections and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions and details of work to be performed. All such drawings, as listed elsewhere in the Contract Documents, are a part of the Plans whether attached to the Specifications or separate therefrom. 1-11 BIDDER: The term means an individual, firm, co-partnership or corporation, or combination thereof, submitting a Proposal for the work contemplated and acting directly or through a duly authorized representative. 1-12 PROPOSAL: The term means the written offer or copy thereof of a Bidder to perform the work described by the Contract Documents when made out and submitted on the prescribed Proposal Form,properly signed and guaranteed. 1-13 PROPOSAL GUARANTY: The term means the security designated in the Proposal to be furnished by the Bidder as a guaranty of good faith to enter into a contract with the City of Eden Prairie if the work is awarded to him. 1-14 CONTRACTOR: The term means the Contractor named in the Contract Documents. 1-15 SUBCONTRACTOR: The term means those having a direct contract with the Contractor and it includes one who furnishes material worked to a special design according to the plans and specifications of this work,but does not include one who merely furnishes material so worked. 1-16 CONTRACT BOND: The term means the Contractor's Performance and Payment Bonds required by the Contract Documents. 1-17 SURETY: The term means the person,firm or corporation who executes the contract bond. 1-18 WRITTEN NOTICE: The term means notice in writing delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered mail to the last business address known to him who gives the notice. 1-19 GOVERNMENTAL AGENCY: A governmental unit other than the City having jurisdiction in the premises. 1-20 ACT of GOD: The term means an earthquake, flood, cyclone or other cataclysmic phenomenon of nature. Rain,wind, flood or any other natural phenomenon of normal intensity for the locality shall not be construed as an Act of God. 1-21 DAYS: The term means,unless otherwise provided,calendar days. GC-8 1-22 WORKING DAYS: Any day, excluding Saturday, Sunday or State recognized legal holidays, when weather conditions or the results of weather conditions will allow the Contractor to pursue,for two hours between 8:00 a.m. and 4:30 p.m. with the normal working force, any item or items of work which would be in progress at that time. 1-23 TIME of COMPLETION: The term means that date set in the Contract Documents for completion of the work; or number of working or calendar days after notice to proceed set out in the Contract Documents. (See also Paragraph 3-25). 1-24 INSPECTOR: The term means an authorized representative of the Engineer, assigned to make any or all necessary inspections of the work performed and the materials furnished by the Contractor. 1-25 LABORATORY: The term means the testing laboratory designated by the Engineer to inspect and determine the suitability of materials. SECTION 2-PLANS,SPECIFICATIONS AND RELATED DATA 2-01 INTENT of PLANS and SPECIFICATIONS: The intent of the Plans and Specifications is that the Contractor furnish all labor and materials, equipment and transportation necessary for the proper execution of the work unless specifically noted otherwise. The Contractor shall do all the work shown on the Plans and described in the Specifications and all incidental work necessary to complete the project in an acceptable manner and to fully complete the work or improvement,ready for use,occupancy and operation of the City. It is further the intention of the Plans and Specifications to set forth requirements of performance, type of equipment and structures, and standards of materials and construction, to require new material and equipment unless otherwise indicated and to require complete performance of the work without specific reference to any minor component part. It is not intended,however,that material or work not covered by or properly inferable from any heading, branch, class or trade of the Specifications shall be supplied unless distinctly so noted. Materials of work described in words, which so applied have a well-known technical or trade meaning, shall be held to refer to such recognized standards. All work shall be completed in accordance with the Specifications and Plans, and in compliance with applicable laws of the U.S. Government, State of Minnesota, and the ordinances of the City of Eden Prairie. 2-02 CONFLICT: In the case of a conflict of meaning between any of the terms of the Contract Documents, the provisions of the document listed first below control over those of the document listed later: 1. Plans,Proposal,Proposal Form 2. Special Conditions 3. Detail Specifications 4. General Conditions 5. Contract Agreement Form Special Conditions and Detail Specifications are intended to modify and prevail over Standard Plans and Specifications. 2-03 DISCREPANCIES in PLANS: The drawings, specifications, and other parts of the Plans are intended to complement one another. Anything shown on the drawings but not mentioned in the Specifications, or vice versa, or anything not expressly set forth in either but which is reasonably GC-9 implied, shall be furnished as though specifically shown and mentioned in both, without extra charge. Should anything be omitted from the drawings necessary to the proper construction of the work herein described, it shall be the duty of the Contractor to so notify the Engineer before signing the Contract; and in the event of the Contractor failing to give such notice, he shall make good any damage or defect in his work caused thereby,without extra charge. Questions as to meaning of Plans and Specifications shall be interpreted by the Engineer, whose decision shall be final and binding on all parties concerned. (See also GC 3-01). The Engineer will provide the Contractor with such information as may be required to show revised or additional details of construction. The Engineer will provide full information when errors or omissions in the Plans and Specifications are discovered. Any work done by the Contractor, after his discovery of such discrepancies, errors or omissions and prior to a decision by the Engineer, shall be done at the Contractor's risk. 2-04 ADEQUACY of PLANS and SPECIFICATIONS: Responsibility for adequacy of the design and for sufficiency of the Plans and Specifications shall be borne by the City, except for any work done by the Contractor after discovery of discrepancies, errors, or omissions which shall be the responsibility of the Contractor (See GC 2-03). The complete requirements of the work to be performed under the Contract shall be set forth in Plans and Specifications to be supplied by the City through the Engineer or by the Engineer as representative of the City. 2-05 PLANS and SPECIFICATIONS at JOB SITE: One complete set of all Plans and Specifications shall be maintained by the Contractor at the job site and shall be available to the Engineer at all times. Additional detail and working drawings will be furnished in amplification of the Contract Drawings as provided in the Special Conditions. All such additional drawings are to be considered of equal force with those which accompany the Specifications. The City retains ownership of all Plans, Specifications and Drawings,and they shall be returned to the City upon completion of the work. 2-06 SHOP DRAWINGS: The Contractor shall, upon request, submit shop drawings in quadruplicate for the approval of the Engineer. 2-07 EXAMINATION of PLANS and SPECIFICATIONS: Before submitting a bid, all Contractors must carefully examine the Plans and Specifications, and are solely responsible for evaluating the likelihood and the extent of any difficulties which may arise on the site of the work. After the time set for opening of the bids,no bidder may,without the consent of the City,withdraw his proposal or claim extra compensation or damages for any error or omission made by said bidder in preparing his proposal. In the event of discrepancies between the prices quoted in the proposal, in unit prices and the extensions thereof, the unit prices shall control. The prices are to include the furnishing of all materials,plant, equipment,tools, and all other facilities and the performing of all labor and services necessary or proper for the completion of the work, except such as may be otherwise expressly provided in the Contract Documents. 2-08 DIMENSIONS: Figured dimensions on the Plans will be used in preference to scaling the drawings. Where the work of the Contractor is affected by fmish dimensions or manufacturer's equipment, these shall be determined by the Contractor at the site, and he shall assume the responsibility therefore. 2-09 MODELS: All models prepared for this work, in accordance with requirements of Plans and GC-10 Specifications,shall become the property of the City at the completion of the work. 2-10 PRIVATE PROJECTS: These Specifications are written with the City of Eden Prairie as a party to the Contract. For private projects where the City of Eden Prairie is not a party to the Contract,these Specifications are available for private use. Although in this case, there must be a reference in the Special Conditions as to the Owner,Engineer and City relationships. SECTION 3-ENGINEER-OWNER-CONTRACTOR RELATIONS 3-01 ENGINEER'S RESPONSIBILITY and AUTHORITY: The Engineer is responsible for the general supervision and direction of the work and whenever, in the exercise of his best judgment, it is necessary to do so to ensure the safety of all those working on the project and all members of the public. He may stop the work whenever such stoppage is necessary to insure the proper execution of the Contract. He may reject work and materials which do not conform to the Contract, as determined by special inspections and tests as he may require, to direct the application of forces to any portion of the work as in his judgment is required, to order the force increased or diminished and to decide questions which arise in the execution of the work. The Engineer is not responsible for the acts or omissions of the Contractor's superintendent or other employees. The Engineer shall, within a reasonable time after their presentation to him, make decisions in writing on all claims of the City or the Contractor and on all other matters relating to the execution and progress of the work or the interpretation of the Contract Documents. All such decisions of the Engineer shall be final, except where time or financial considerations are involved,in which case the decision is subject to Arbitration under GC 3-05. Failure to condemn any inferior material or work at the time of its use or construction shall not be construed as an acceptance of the same, but the Contractor shall, upon notice from the Engineer at any time prior to the final acceptance of the improvement, immediately tear out, remove and properly reconstruct, at his own cost, any portion of this improvement which the Engineer may decide to be defective and the Contractor will be held wholly responsible for the safety, proper construction and perfection of the entire improvement until the same has been finally accepted and paid for by the City of Eden Prairie. The Engineer will make final inspection of all work included in the Contract or any portion thereof, as soon as practical after notification by the Contractor that such work is nearing completion. If such work is not acceptable to the Engineer at the time of his inspection, he will advise the Contractor in writing as to the particular defects to be remedied before such work can be accepted. If, within a period of ten (10) days after such notification, the Contractor has not taken steps to speedily complete the work as directed,the Engineer may,without further notice and without in any way impairing the Contract, make such other arrangements as he may deem necessary to have such work completed in a satisfactory manner. The cost of completing such work shall be deducted from any monies due,or which may become due,to the Contractor on his Contract. 3-02 SUSPENSION of WORK by ENGINEER: When, in the judgment of the Engineer, unfavorable weather or any other condition makes it impractical to perform work in accordance with the Contract,or should the Contractor fail to carry out the provisions of the Contract or supply materials meeting the requirements of the Specifications, the Engineer may issue to the Contractor a written order to suspend work on all or any part of the Contract work. When conditions are again favorable for prosecution of the work, the Engineer will issue to the Contractor a written order to resume the suspended work. Orders to suspend work will not be written for intermittent shutdowns due to GC-11 weather conditions unless the suspension of work is to be for an extended period of time. The Contractor shall take every precaution to prevent any damage or unreasonable deterioration of the work during the time it is closed down. Suspension of the work by the Engineer is not grounds for claims by the Contractor for damages or extra compensation. 3-03 SUSPENSION of WORK by CITY: The City may at any time suspend the work, or any part thereof, by giving ten (10) days'notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to do so. If the work, or any part thereof, shall be stopped by notice in writing aforesaid, and if the City does not give notice in writing to the Contractor to resume work at a date within a year of the date fixed in the written notice to suspend, then the Contractor may abandon that portion of the work so suspended, and he will be entitled to the estimates and payments for all work done on the portions so abandoned, if any (See also GC 7-09). This paragraph shall not be construed as entitling the Contractor to compensation for suspension due to failure to furnish adequate surety as specified herein,or for suspension made at the request of or due to the fault of the Contractor. If suspension of all or part of the work causes additional expenses not due to the fault or negligence of the Contractor, the City shall reimburse the Contractor for the additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the Engineer within ten (10) days after the date of order to resume work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement weather, failure to furnish additional surety or sureties specified herein, for suspension made at the request of the Contractor, or for any other delay provided for in the Contract Documents. 3-04 SUSPENSION of WORK by CONTRACTOR: The Contractor may suspend work upon ten (10) days written notice to the City and the Engineer, for any of the grounds for termination set forth in GC 3-18. 3-05 ARBITRATION: Should there be a dispute about any matter involving the decision of the Engineer which is subject to arbitration, the dispute may be submitted to arbitration by either party to the Contract,provided the City consents to arbitration. (See GC 3-01). The Contractor shall not delay the work because arbitration proceedings are pending unless he shall have written permission from the Engineer to do so and such delay shall not extend beyond the time when the arbitrator or arbitrators shall have the opportunity to determine whether the work shall continue or be suspended pending decision by the arbitrator or arbitrators of such a dispute. Any demand for arbitration shall be in writing and shall be delivered to the Engineer and any adverse party by either personal delivery or by registered mail addressed to the last known address of each within ten (10) days of receipt of the Engineer's decision, and in no event after final payment has been made and accepted, subject, however, to any express stipulation to the contrary in the Contract Documents. Should the Engineer fail within a reasonable period to make a decision, a demand for arbitration may then be made as if the Engineer's decision had been rendered against the party demanding arbitration. No one shall be qualified to act as an arbitrator who has, directly or indirectly, any financial interest in the Contract or who has any business or family relationship with the City, the Contractor, or the Engineer. Each arbitrator selected shall be qualified by experience and knowledge of the work involved in the matter to be submitted to arbitration. Arbitration shall be conducted in accordance with the Uniform Arbitration Act,Minnesota Statutes, GC-12 Chapter 572, and the Construction Industry Arbitration Rules of the American Arbitration Association. 3-06 CONFLICTS: No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect in this Contract. The violation of this provision renders the Contract void. Any federal regulations and applicable State Statutes shall not be violated 3-07 LIMITATIONS of REMEDIES: In the event of a breach of the Contract by City, the Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 3-08 EXAMINATION of COMPLETED WORK: If the Engineer requests it,the Contractor at any time before acceptance of the work shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the Specifications. Should the work thus exposed or examined prove acceptable, the uncovering or removing,and the replacing of the covering or making good of the parts removed shall be paid for as Extra Work,in accordance with requirements of GC 7-03;but should the work so exposed or examined prove unacceptable, the undercovering, removing and replacing shall be at the Contractor's expense. 3-09 CONTRACTOR'S SUPERINTENDENTS: A qualified superintendent, who is acceptable to the Engineer, shall be maintained on the work and given efficient supervision to the work until its completion. The superintendent shall have full authority to act in behalf of the Contractor, and all directions given to the superintendent shall be considered given to the Contractor. The Engineer's instructions may be confirmed in writing and shall be so confirmed upon written request of the Contractor. 3-10 CONTRACTOR'S EMPLOYEES: The Contractor shall be responsible to the City for acts and omissions of the Contractor's employees, subcontractors and their agents and employees, and other persons or entities performing portions of the project for or on behalf of the Contractor or any of the subcontractors. The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit person or persons not skilled in tasks assigned to them. 3-11 INSPECTORS: Inspectors may be appointed by the Engineer or City to see that the work is performed in accordance with the Plans and Specifications. Inspectors shall have authority to suspend all or a portion of the work which is not being properly performed and, subject to the final decision of the Engineer, to condemn and reject defective work and materials. Inspectors shall have no authority to permit deviation from the Plans and Specifications and the Contractor shall be liable for any deviations made without a written order from the Engineer. If requested by the Contractor, the suspension order will be given in writing. Inspectors shall not act as foremen or perform other duties for the Contractor. 3-12 LANDS by CITY: Where the work passes over or through private property, the City will secure right-of-way or easement. The Contractors shall not receive any extra compensation or be entitled to any extras because of delay on the part of the City in obtaining right-of-way or easement. 3-13 LANDS by CONTRACTOR: Any additional land or access thereto that may be required for GC-13 temporary construction facilities or for storage of materials shall be provided by the Contractor with no liability to the City. The Contractor shall confine his apparatus and storage materials and operation of his workmen to those areas described in the Plans and Specifications and such additional areas which he may provide as approved by the Engineer. 3-14 PRIVATE PROPERTY: The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. 3-15 REMOVAL of CONSTRUCTION EQUIPMENT, TOOLS and SUPPLIES: At the termination of this Contract, before acceptance of the work by the City, the Contractor shall remove all of his equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them. (See also GC 7- 11). 3-16 CITY'S RIGHT to CORRECT DEFICIENCIES: If the Contractor should neglect to prosecute the work properly or fail to perform any provision of this Contract, the City after ten (10) days written notice to the Contractor may,without prejudice to any other remedy he may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor. (See also GC 7-11). 3-17 CITY'S RIGHT to TERMINATE CONTRACT and COMPLETE the WORK: The City has the right to terminate the employment of the Contractor for any of the following reasons: 1. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors,or becomes insolvent; 2. Failure of Contractor to supply adequate properly skilled workmen or proper materials; 3. Failure of Contractor to make prompt payment to subcontractor for material or labor; 4. Any disregard of laws,ordinances or proper instructions of the Engineer; 5. Assignment or work without permission of the City; 6. Abandonment of the work by Contractor; 7. Failure to meet the work progress schedule set forth in the Contract; 8. Unnecessary delay which, in the judgment of the Engineer,will result in the work not being completed in the prescribed time. Termination of the Contract shall be preceded by seven (7) days written notice by the City to the Contractor and his surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such seven(7)day period unless the City Council shall withdraw its notice of termination. GC-14 Upon termination of the Contract by the City, the City may complete the work required by the Contract by whatever means it deems expedient, including requiring the Contractor's surety to complete the work. The taking over of the work by the City upon contract termination shall not affect the right of the City to recover liquidated damages from the Contractor or his surety for failure to complete the Contract. In the event that the Contractor involuntarily abandons the work, fails or refuses to complete the work embodied in the Contract or fails to pay just claims for labor or material,the City reserves the right to charge against the Contractor all extra legal, engineering, or other costs resulting from such abandonment, failure or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. When the City assumes control of the work under the Contract pursuant to termination the City may take possession of the work and all material, tools and equipment therein belonging to the Contractor and may use the same to complete the work at Contractor's expense. Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the work,including compensation for additional managerial and administrative services,the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor shall pay the difference to the City. The expenses incurred by the City as herein provided and the damages incurred through the Contractor's default shall be certified by the Engineer. (See also GC 7-11). 3-18 CONTRACTOR'S RIGHT to TERMINATE CONTRACT: The Contractor may terminate the Contract upon ten (10) days written notice to the Owner and the Engineer for any of the following reasons: 1. If an order of any court or other public authority caused the work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or his employees. 2. If the Engineer should fail to act upon any Request for Payment, in the manner set forth in GC 7-05, within ten (10) days after it is presented in accordance with the General Conditions. 3. If the City should fail to act upon any Request for Payment,in the manner set forth in GC 7- 06,within 31 days after its approval by the Engineer. 4. If the City should fail to pay the Contractor any sum within 31 days after its award by arbitrators. 3-19 INJUNCTIONS: If by reason of any court proceedings, instituted by any third party or by the City affecting, directly or indirectly, the construction or completion of any portion or portions of this improvement, the Contractor or the City of Eden Prairie shall be unable to construct or complete said portions of the work, and if in consequence thereof it shall in the discretion of the City Council, be impractical to construct or complete any other portion or portions thereof, the Contractor shall, GC-15 and does hereby waive any and all claims for damages because of such inability to complete the improvement as planned, and the Engineer shall have the right to report such improvement as completed and file his final estimate thereon as provided for in the full completion of other improvements in the City, and the Contractor shall accept in full payment of his work upon said improvement, and as a cancellation of his Contract thereof, a sum of money determined in strict accordance with his proposal for the Contract, on the basis of the work actually completed up to the time of stopping thereof. 3-20 RIGHTS of VARIOUS INTERESTS: Wherever work being done by the City's employees or by other contractors is contiguous to work covered by this Contract,the respective rights of the various interests involved shall be established by the Engineer, to secure the completion of the various portions of the work in general harmony. 3-21 SEPARATE CONTRACTS: The City reserves the right to let other contracts in connection with this work. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate his work with theirs. If any part of the Contractor's work depends upon the proper execution or results of the work of any other contractor,the Contractor shall inspect and promptly report to the Engineer any defects in such work that render it unsuitable for such proper execution and results. His failure to so inspect and report shall constitute an acceptance of the other contractor's work after the execution of his work. To insure the proper execution of his work,the Contractor shall measure work already in place and shall at once report to the Engineer any discrepancy between the executed work and the drawings. 3-22 SUBCONTRACTS: At the time specified by the Contract Documents or when requested by the Engineer, the Contractor shall submit in writing to the City for approval the names of the subcontractors proposed for the work. Subcontractors may not be changed except at the request of and with the approval of the City. The Contractor is responsible to the City for the acts and omissions of his employees and Subcontractors. The Contract Documents shall not be construed as creating any contractual relation between any subcontractor and the City. The Contractor agrees to bind every subcontractor and every subcontractor agrees to be bound by the terms of the Contract Documents as far as applicable to his work, including the following provisions of this Section, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City Engineer. The Subcontractor agrees to be bound to the Contractor by the terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities that the Contractor, by those documents, assumes toward the City. The Contractor agrees to be bound to the Subcontractor by all the obligations that the City assumes to the Contractor under the terms of said documents,and by all the provisions thereof affording remedies and redress to the Contractor from the City. The Contractor shall not assign, sublet, or transfer the whole or any part of the work herein specified without the written consent of the City. Any such assignment,subletting,or transfer shall not in any manner relieve the Contractor from any of the responsibilities assumed herein. For convenience of reference and to facilitate the letting of contracts and subcontracts, the Specifications are separated into title sections. Such separations shall not,however,operate to make GC-16 the Engineer an arbiter to establish limits to the contracts between Contractor and Subcontractor. 3-23 WORK DURING an EMERGENCY: The Contractor shall perform any work and shall furnish and install any materials and equipment necessary during an emergency endangering life or property. In all cases,he shall notify the Engineer of the emergency as soon as practical,but he shall not wait for instructions before proceeding to properly protect both life and property (See also GC 4-03). In cases where the Contractor cannot or does not meet the emergency, the City may take appropriate action to protect life and safety. 3-24 ORAL AGREEMENTS: No oral order, objection, claim or notice by any party to the others shall affect or modify any of the terms or obligations contained in any of the Contract Documents, and none of the provisions of the Contract Documents shall be held to be waived or modified by reason of any act whatsoever, other than by a definitely agreed waiver or modification thereof in writing, signed by the parties to be bound or by the representatives of the parties authorized to enter into such a waiver or modification, and no evidence shall be introduced in any proceeding of any other waiver or modification. 3-25 CONSTRUCTION SCHEDULE: After being awarded the Contract, the Contractor shall prepare and submit to the Engineer for approval a progress schedule which will insure the completion of the project within the time specified. Adequate equipment and forces shall be made available by the Contractor to start work immediately upon order of the Engineer and to carry out the schedule to completion of the Contract within the time specified. 3-26 DELAYS and EXTENSION of CONTRACT TIME: The Contractor herewith specifically waives claims for damages for any hindrance or delay. He will, in lieu thereof, be granted extensions of time for which liquidated damages will not be claimed by the City for the following causes: A delay caused the Contractor by any suit or other legal action against the City will entitle the Contractor to an equivalent extension of time unless the period of such delay exceeds 90 days. When such period is exceeded, the City will, upon request by the Contractor in writing, either terminate the Contract, or grant a further extension of time, whichever as may at that time appear most desirable to both parties. If the Contractor be delayed at any time in the progress of the work by an act of neglect of the City or the Engineer or any employees of either, or by any other Contractor employed by the City, or by strike, fire, unusual delay in transportation, unavoidable casualties, or other causes beyond the Contractor's control, or by any cause which, in the opinion of the Engineer, shall justify the delay, then the time of completion shall be extended for such reasonable time as the Engineer may decide. No such extension shall be made for delay occurring more than seven (7) days before claim therefore in made in writing to the Engineer. Shutdowns due to improper work, or otherwise due to the Contractor's operation, are not cause for extension of time. If during the term of this Contract, the volume of the specified work, measured in dollars, is increased over the total value shown on the Contractor's proposal at the time the award of Contract is made,the Contractor will be granted an extension proportionately equal to the increase in the total value. Should unforeseen conditions require the performance under an Extra Work Order, of work more complex or difficult than that originally specified and shown on the Plans, and such work, in the Contractor's opinion, requires more time to execute than the proportional increase in dollar value, the Contractor shall state to the Engineer, in writing, prior to the performance of such work, GC-17 his estimate of the added time required for such work. The City will, if such estimate be reasonable, allow an added extension of time equal to the difference between the total time required and the proportional increase in the dollar value of the work. SECTION 4-SCOPE OF WORK 4-01 ESTIMATE of QUANTITIES: The schedule of quantities, although stated with as much accuracy as is possible in advance, is approximate only and is assumed solely for the purpose of comparing bids. The quantities on which payments will be made to the Contractor are to be determined by measurements of the work actually performed by the Contractor as specified in the Contract Documents. (See GC SECTION 7). 4-02 ADDITIONAL INSTRUCTIONS: If the instructions and Plans are not sufficiently clear to permit the Contractor to proceed with the work, the Engineer shall, either upon his own initiative or upon the request of the Contractor, furnish additional written instructions, together with additional drawings as may be necessary. When such request is made by the Contractor, it must be in ample time to permit the preparation of the instructions and drawings by the Engineer before the construction of the work covered by them is undertaken. Such additional instructions and drawings shall be consistent with the Contract Documents and shall have the same force and effect as if contained in the Contract Documents. For the purpose of avoiding delays in the preparation of such additional instructions and drawings, the Engineer and the Contractor shall jointly prepare a schedule showing the time for the commencement of the work to be included in them and the time the Contractor shall furnish the necessary shop drawings which may be necessary for their preparation. The Contractor shall do no work without proper drawings or instructions and shall, at his own expense,replace any work not in accordance with such drawings and instructions. 4-03 CHANGES or ALTERATIONS in the WORK: The City, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work; the Contract sum being adjusted according to the respective unit bid prices. All such work shall be executed under the conditions of the original Contract, except that any claim for extension of time caused thereby shall be adjusted at the time of ordering such change. Any claims for compensation adjustment shall be in accordance with MnDOT 1517. Consequently, if the Contractor claims that any instructions by drawings or otherwise issued after the date of the Contract involved extra cost under the Contract, he shall give the Engineer written notice thereof within seven (7) days, after the receipt of such instructions and in any event before proceeding to execute the work, except emergency endangering life or property, and the procedure shall then be provided for elsewhere herein for changes in the work. No such claim shall be valid unless so made. In giving instructions, the Engineer shall have authority to make minor changes in the work, not involving extra cost, and not inconsistent with the purposes of the work but otherwise (except in an emergency endangering life or property)no extra work or change shall be made unless in pursuance of a written order by the Engineer, and provided that such work or change does not change the dollar value of the total contract amount by more than 25%. 4-04 INTERPRETATIONS and CHANGE ORDERS: No oral interpretation shall be made to the GC-18 Contractor as to the meaning of any of the Contract Documents, or to modify any of the provisions of the Contract Documents. Every request for an interpretation shall be made in writing and addressed and forwarded to the Engineer. The City will not be responsible for any other explanation or interpretation of the Plans and Specifications. If unforeseen conditions require a change in the dimensions of a structure, location of underground pipes, or major variations of a similar nature from the original Plans, necessitating exceeding the reasonable limits defined below, or being of the nature of a substantial departure from the original Plans, such change shall be covered by a change order. The change order is to set forth in complete detail the nature of the change and reasons therefore. The compensation to be paid the Contractor and whether it is an addition or a reduction with respect to the original Contract costs is also to be covered in detail. Should additional or supplemental drawings be required, they will be furnished by the City Engineer. 4-05 SALVAGE: Unless otherwise indicated on the Plans or in the Special Conditions,all castings,pipe and any other material taken from the work shall be the property of the Contractor. 4-06 CLEANUP: The Contractor shall at his own expense, clean up and remove all refuse and unused materials of any kind resulting from the work. Upon failure to do so within 72 hours after request by the Engineer, the work may be done by the City and cost thereof be charged to the Contractor and deducted from his final estimate. (See also GC 7-11). 4-07 TAXES: The Contractor shall pay all sales, consumer, use and other similar taxes required to be paid by him in accordance with the law of the place where the work is to be performed. 4-08 PERMITS: The City of Eden Prairie will apply for all necessary permits unless otherwise noted. The Contractor shall secure and pay for all necessary bonds and meet all additional requirements of these permits. The Contractor shall also be responsible for obtaining a permit from the City of Eden Prairie Engineering Division for any project that involves work within City right-of-way or public easements. The permit shall include, but not be limited to; utility connections and installations, underground construction, placement of obstructions or structures, removal of existing streets and connections to any existing City facilities. SECTION 5-MATERIALS AND WORKMANSHIP 5-01 QUALITY of EQUIPMENT and MATERIALS: In order to establish standards of quality, the Engineer has, in the detailed Specifications, referred to certain products by name and catalog number. This procedure is not to be construed as eliminating from competition other products of equal or better quality by other manufacturers where fully suitable in design as determined by the Engineer. Whenever in these Specifications a material or article is specified by using the specific description or name of proprietary product, or name of a manufacturer or vendor, rather than by using descriptive detail or substance and function, any article which will perform the duties imposed adequately and to the same effectiveness as determined by the Engineer, will be acceptable as a substitute in lieu of the material or articles so specified. The source of supply of the materials to be used shall be approved by the Engineer before delivery is GC-19 started. The approval of the source of any material is effective as long as the material itself conforms to the Specifications. Only materials conforming to the requirements of these Specifications shall be used in the work. The source of any material shall not be changed at any time without the written approval of the Engineer. The Contractor may be required at any time to furnish a complete statement of the origin, composition and manufacturer of any or all materials required in the work,or to submit samples of the same. Unless otherwise specified, all materials shall be new and both workmanship and material shall be of good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials or tools used by him. All materials, supplies, and articles furnished shall, whenever so specified, and otherwise wherever practical,be the standard stock products of recognized reputable manufacturers as determined by the Engineer. The Contractor shall furnish a complete list of proposed desired substitutions, together with such engineering and catalog data as the Engineer may require. List and information must be submitted prior to submittal of first progress payment estimate. The Contractor shall abide by the Engineer's judgment when proposed substitute materials or items of equipment are judged to be unacceptable and shall furnish the specified material or item of equipment in such case. All proposals for substitutions shall be submitted in writing by the Contractor and not by individual trades or material suppliers. The Engineer will approve or disapprove proposed substitutions in writing within a reasonable time. No substitute material shall be used unless so approved in writing. 5-02 MATERIALS FURNISHED by the CITY: Materials specifically indicated will be furnished by the City. The fact that the City is to furnish material is conclusive evidence of its acceptability for the purpose intended, and the Contractor may continue to use it until otherwise directed. If the Contractor discovers any defect in material furnished by the City, he shall notify the Engineer. Materials furnished by the City, which are not of local occurrence, will be provided at locations listed on Plans or in Specifications. The Contractor shall be responsible for material loss or damage, including that caused by third parties,after his receipt of material. 5-03 MATERIALS FURNISHED by the CONTRACTOR: All materials used in the work shall meet the requirements of the respective Plans and Specifications. All material not otherwise specifically indicated shall be furnished by the Contractor. 5-04 STORAGE of MATERIALS: Materials shall be stored so as to insure the preservation of their quality and fitness for the work and such materials, even though approved before storage, shall be subject to test and must meet the requirement of these Specifications at the time it is proposed to use them in the work. Materials shall be stored in a manner that will facilitate inspection. The portion of the right-of-way not required for public travel may,with the consent of the Engineer,be used for storage purposes, and for the placing of the Contractor's plant and equipment; but any additional space required;unless otherwise stipulated, shall be provided by the Contractor at his expense. From the commencement of the work until the completion of the same, the Contractor shall be solely responsible for the care of the work covered by this Contract and for the materials delivered at the site intended to be used in the work and all injury or damage to the same from whatever cause, shall be made good at his expense before the final estimate is made. He shall provide suitable means GC-20 of protection for and shall protect all materials intended to be used in the work and all work in progress as well as completed work. He shall take all necessary precautions to prevent injury or damage to the work in progress of construction by flood, freezing or from inclemencies of the weather at any and all times and only approved methods shall be used for this purpose. 5-05 REJECTED WORK and MATERIALS: All materials which do not conform to the requirements of the Contract Documents, are not equal to samples approved by the Engineer, or are in any way unsatisfactory or unsuited to the purpose for which they are intended, shall be rejected and shall be removed immediately from the right-of-way, unless otherwise permitted. No materials which have been rejected--the defects on which have been corrected or removed-- shall be used until approval has been given. If the Contractor does not remove such condemned work and materials within a reasonable time fixed by written notice,the City may remove them and may store the materials at the expense of the Contractor. If the Contractor does not pay the expense of such removal within ten (10) days thereafter,the City may,upon ten(10)days written notice, sell such materials at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs and expenses that should have been borne by the Contractor. The Contractor shall promptly remove from the premises all materials condemned by the Engineer as failing to conform to the Contract, whether incorporated in the work or not and the Contractor shall promptly replace and re-execute his own work in accordance with the Contract Documents without expense to the City and shall bear the expense of making good all work of the other contractors destroyed or damaged by such removal or replacement. Work done contrary to or regardless of the instructions of the Engineer, work done without lines, grade or cross section stakes and grades shown on the Plans or as given by the Engineer, or any deviation made from the Plans and Specifications without written authority will be considered unauthorized and at the expense of the Contractor, and will not be measured or paid for by the City. Any and all work so done may be ordered removed and replaced immediately at the Contractor's expense. (See also GC 7-08). 5-06 MANUFACTURER'S DIRECTIONS: Manufactured articles, material and equipment shall be applied, installed, connected, erected,used, cleaned and conditioned as directed by the manufacturer unless herein specified to the contrary. 5-07 CUTTING and PATCHING: The Contractor shall do all necessary cutting and patching of the work that may be required to properly receive the work of the various trades or as required by the Plans and Specifications to complete the work. He shall restore all such cut or patched work as directed by the Engineer. Cutting of existing structures that will endanger the work, adjacent property, workmen or the public shall not be done unless approved by the Engineer and under his direction. 5-08 PATENTS: All fees or royalties for patented inventions, equipment, or arrangements that may be used in any manner connected with the construction or erection of the work, or any part thereof, shall be included in the price mentioned in the Contract. 5-09 CONTRACT BOND: Before execution of this Contract and within ten(10)days after the notice of acceptance thereof by the City to the Contractor, the Contractor shall furnish the City a Payment Bond and Performance Bond conditioned as required by Minnesota Statutes, Section 574.26, and GC-21 the Contract Documents. The Performance and Payment Bonds shall remain in full force and effect through the guaranty period. 5-10 GUARANTY: The Contract shall warrant and guarantee and agree to maintain the stability of all work and materials done, furnished and installed under this Contract for a period of two (2) years after final payment in accordance with the provisions of the Contract Agreement and the Performance Bond required by GC 5-09. The date of final payment is the date of Council action approving final payment. The obligation of the Contractor pursuant to this section shall be in addition to and not in limitation of any obligations imposed upon him by any other provision of the Contract Documents or any other obligation imposed or prescribed by law. The Contractor warrants to the Owner that all materials and equipment furnished under this Contract will be new unless otherwise specified, and that all work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. This warranty is not limited by the provisions of Section 7. 5-11 OVERWEIGHT POLICY: The Contractor shall be advised that the City of Eden Prairie will closely adhere to the policy of MnDOT on the payment of materials brought to the project site on overweight loads. This policy is defined in the MnDOT Construction Manual, Section 5-591.486, dated May 22, 1990. SECTION 6-LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC 6-01 CONTRACTORS RESPONSIBILITIES: The Contractor shall furnish all necessary machinery, tools, labor and materials of every character required, and shall fully complete the work in accordance with the Plan, Specifications, and Detail Drawings, for the prices bid. All equipment to be used must be approved by the Engineer prior to starting the work. The entire work to be performed under the Contract for this improvement is to be at the Contractor's risk, and he is to assume the responsibility for and risk of all damages to the work or to property adjacent to or on the line of said work. The Contractor shall have charge of and be responsible for entire improvement until its completion and acceptance. It shall be his responsibility to maintain all stages of work in a safe and suitable condition at all times, including nights, weekends, and holidays. The Contractor shall make observations of his work during such periods as are necessary to insure proper care of the work. He shall be liable for any defects which may appear or be discovered on his work before the final payment herein specified. Whenever the Contractor is not present on the work, directions will be given to the Superintendent or Foreman who may have immediate charge thereof, and shall by him be received and strictly obeyed. The Contractor shall designate one person who shall have charge of the job and to whom the inspector shall give directions. If any person employed on the work shall refuse or neglect to obey the directions of the City Engineer, or his duly authorized representative, in anything relating to the work, or shall appear to be incompetent, disorderly or unfaithful,he shall,upon the request of the City Engineer be at once discharged and not again employed upon any part of the work. The Contractor shall submit, at such times as may reasonably be requested by the Engineer, schedules which shall show the order in which the Contractor proposes to carry on the work, with GC-22 the dates at which the Contractor will start the several parts of the work, and estimated dates of completion of the several parts. The Contractor and his sureties shall save harmless the City and any and all of its officers, consultants or Special Engineer and servants from any claims and demands or losses, damages, costs, charges and expenses of every nature and description, whether direct or indirect, because of the performance of this Contract, including all injuries to workmen or persons other than workmen and for all property damages. The Contractor shall indemnify the City against any such loss or any liability of any nature, whether direct or indirect, and the City reserves the right to deduct from any money due the Contractor the amount of any judgment of claims therefore. The obligations of the Contractor do not extend to the liability of the consultant or Special Engineer, his agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications which are certified by the Special Engineer. The approval of the above documents by the Special Engineer shall be subject to the conditions,limitations and exceptions stated on such documents and in the Contract Documents. No approval of any document by the Special Engineer shall be implied. The Special Engineer shall not be deemed to have approved any document unless such document bears the Special Engineer's Certificate or Seal. 6-02 DATA PRACTICES ACT: The Contracting Party shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. 1301, et seq., to the extent that the Act is applicable to data and documents in the hands of the Contractor. 6-03 DISCRIMINATION: In performance of this contract, the Contractor shall not discriminate on the grounds of or because of race, color, creed, religion, national origin, sex, marital status, status with regards to public assistance, disability, sexual orientation, or age against any employee of the Contractor, and subcontractor of the Contractor, or any applicant for employment. The Contractor shall include a similar provision in all contracts with subcontractors to this contract. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act,Minn. Stat. 363.01,et seq.,Title VI of the Civil Rights Act of 1964,and the American with Disabilities Act of 1990. 6-04 USE of PREMISES: The Contractor shall confine his equipment, storage of materials and operation or work to the limits indicated by law, ordinances, permits or direction of the Engineer, and shall not unreasonably encumber the premises with his materials. 6-05 PRIVILEGES of CONTRACTOR in STREETS, RIGHTS-OF-WAY and EASEMENTS: For the performance of the Contract, the Contractor will be permitted to occupy such portions of streets or alleys, or other public places, or other rights-of-way, as shown on the Plans or as permitted by the Engineer. A reasonable amount of tools,materials and equipment for construction purposes may be stored in such space,but not more than is necessary to avoid delays in the construction. Excavated and waste materials shall be piled or stacked in such a way as not to interfere with spaces that may be designed to be left free and unobstructed, nor inconvenience occupants of adjoining property. Other Contractors of the City may, for all purposes required by their contracts enter upon the work and premises used by the Contractor, and the Contractor shall give to other contractors of the City all reasonable facilities and assistance for the completion of adjoining work. Any additional grounds desired by the Contractor for his use shall be provided by him at his own cost and expense. Where the work encroaches upon right-of-way of any railway or State or County Highway,the City will apply for the necessary easement or permit for the work. The Contractor shall secure the GC-23 permit, pay the cost of original permit fees and provide bonds as required at no additional compensation. Where railway tracks or such highway are to be crossed,the Contractor shall observe all the regulations and instructions of the railway company and Highway Department as to methods of doing the work, or precautions for safety of property and the public. All negotiations with the railway company and Highway Department, except the right-of-way, shall be made by the Contractor at his expense. The Contractor will not be paid direct compensation for such railway or highway crossing,unless so provided in the Special Conditions and Proposal. 6-06 SAFETY: Precautions shall be exercised at all times by the Contractor for the protection of persons, employees and property. The safety provisions of applicable laws and local building and construction codes shall be observed. The Contractor is solely responsible for the safety, proper construction and perfection of the entire work until the same has been finally accepted and paid for by the City. The Contractor is responsible for conducting his work in compliance with the requirements of applicable State and Federal laws, and the rules and regulations of such governmental agencies having jurisdiction over such operations. The Contractor shall be solely responsible for providing temporary ladders, guard rails, shoring, bracing, dewatering, if required, warning signs, night lights, and other safeguards desirable or required by the Engineer and by the State and Federal laws. The Contractor shall provide and maintain, at his own expense and on a 24-hour basis, all necessary safeguards such as watchmen, warning signs or signals, barricades and night lights at all unsafe places at or near the work. Special care shall be exercised to prevent vehicles, pedestrians, and livestock from falling into open trenches or being otherwise harmed as a result of the work. Excavations in or adjacent to public streets or alleys in which water stands more than one foot deep shall be securely barricaded with snow fence so as to prevent access by small children at all times work is not being carried on at the site of excavation. Barricades shall be painted in a color that will be visible at night. From sunset to sunrise, the Contractor shall furnish and maintain at least two lights at each barricade. A sufficient number of barricades shall be erected to keep vehicles from being driven on or into any work under construction. The Contractor shall furnish watchmen in sufficient numbers to protect the work. The Contractor shall in all cases maintain safe passageways at all road crossings, crosswalks and street intersections, and shall do all other things necessary to prevent accident or loss of any kind. 6-07 FAILURE to PAY for LABOR and MATERIALS: If, at any time, the Contractor fails to pay the Subcontractor or the laborers employed upon the work, or fails to pay for the materials used therein, the City may withhold from the money which may be due the Contractor under this agreement such amount or amounts as may be necessary for the payment of such Subcontractors, laborers, or materials, and may, acting as agent for the Contractor, apply the same to such payments and deduct the same from the final estimate of the Contractor. 6-08 MOVING of PUBLIC and PRIVATE UTILITIES: The City will give reasonable notice to all affected utility companies of necessary movement of their installations prior to commencement of the work. It shall be the responsibility of the Contractor to coordinate his work with that of the utilities in such manner as to cause the least possible interference, and as may be further provided in the Special Conditions and Specifications. GC-24 It is provided that no utility, private or public, shall be moved to accommodate the Contractor's equipment or his method of operation when such utility does not conflict with the installation of the improvement under construction unless the costs of such removal shall be at the expense of the Contractor. The Contractor shall notify the proper representatives of any public utility, corporation, and company or individual, not less than 48 hours in advance of any work which might damage or interfere with the operation of their or his property along or adjacent to the work. 6-09 PROTECTION of PUBLIC and PRIVATE UTILITIES: The Contractor shall support and protect by timbers or otherwise, all pipes, conduits, poles, wires or other apparatus which may be in any way affected by the work. If,through the Contractor's operations,any of said pipes, conduits,poles, wires, or apparatus should be damaged, they shall be repaired by the authorities having control of same,and the expenses of such repairs shall be charged to the Contractor. The Contractor shall indemnify and save the City harmless from claims for any damage done to any street or other public property, or to any private property by reason of breaking of any water pipe, sewer or gas pipe,electric conduit,or other utility by or through his negligence. The Contractor shall restore, or have restored at his own cost and expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise restoring as may be directed, or he shall make good such damage from injury in a manner acceptable to the City or the Engineer. In case of failure on the part of the Contractor to restore such property or make good such damage or injury,the Engineer may,upon 48 hours written notice under ordinary circumstances and without notice when a nuisance or hazardous condition results, proceed to repair, rebuild, or otherwise restore such property as may be determined necessary, and the cost thereof will be deducted from any monies due to the Contractor under this Contract and if not so deducted, the Contractor will be obligated to forthwith reimburse the City for the cost thereof. The Contractor shall indemnify and save the City harmless from claims brought for or on account of any damage, maintenance, removal or replacement, or relocation of mains, conduits, pipes, poles, wires,cables or other such structures of private utility firms or corporations,whether underground or overhead, that may be caused or required by the Contractor during the time the work is in progress. In cases where the alignment, as shown on the Plans, coincides with the existing location of either an overhead or underground privately owned utility so that, in the opinion of the Engineer, the relocation of said utility is required to complete the installation, the Owner shall not be responsible for any cost associated for such relocation. 6-10 DAMAGE to EXISTING IMPROVEMENTS and UTILITIES: Prior to construction, the Contractor shall obtain field locations or other assistance as may be required to determine the existence and location of gas main and other private utilities as well as public utilities of the City, County or State which may be underground or overhead within street and highway right-of-way or within easements and which may be interfered with under this Contract. Existing underground, surface or overhead structures are not necessarily shown on the Plans, and those shown are only approximately correct and no responsibility is assumed by the City or the Engineer for the accuracy of location. The Contractor shall make such investigations as are necessary to determine the extent to which existing structures may interfere with the work GC-25 contemplated under this Contract. The sizes, locations and depths of such structures as are shown on the Plans and profiles are only approximately correct and the Contractor shall satisfy himself as to the accuracy of the information given. The Contractor shall not claim or be entitled to receive compensation for any damages sustained by reason of the inaccuracy or the omission of any of the information given on the drawings,relative to the surface, overhead, or underground structure or by reason of his failure to properly protect and to maintain such structures. The Contractor is to exercise extreme care in crossing or working adjacent to all utilities and shall be responsible to protect and maintain their operation during the time the work is in progress. The Contractor shall restore, at his own expense, any public structures such as water mains, water connections and appurtenances, sewers, manholes, catch basins and sewer connections which are damaged or injured in any way by his acts. When existing sewers have to be taken up and removed, the Contractor shall, at his own cost and expense,provide and maintain temporary outlets and connections for all private or public drains and sewers. The Contractor shall also take care of all sewage and drainage which will be received from these drains and sewers, and for this purpose, he shall provide and maintain, at his own expense, adequate pumping facilities and temporary outlets or diversions. The Contractor, at his own expense, shall construct such troughs, pipes, or other necessary structures, and be prepared at all times to dispose of drainage and sewage received from these temporary connections until such time as the permanent connections are built and in service. The existing sewers and connections shall be kept in service and maintained under the Contract, except where specified or ordered to be abandoned by the Engineer. All water or sewage shall be disposed of in a satisfactory manner so that no nuisance is created and so that the work under construction will be adequately protected. At all shaft sites and on all open cut work, the Contractor shall provide and maintain free access to fire hydrants,water and gas valves,manholes and similar facilities. Gutters and waterways shall be kept open or other satisfactory provisions made for the removal of storm water. The Contractor hereby agrees it will indemnify and defend the City for all damages which may be incurred by the City due to Contractor's failure to comply with these provisions. The Contractor shall provide, at his own expense and cost, all methods for adequately draining the work and shall assume full responsibility and liability for damage to any persons or property resulting from such damage. No separate compensation will be paid for sub-drains, or other methods of draining, but the cost thereof shall be merged with such contract pay items as are provided in the Proposal and Contract. No trees shall be cut except upon the specific authority of the Engineer. Trees adjacent to the work shall be protected from all damage by the construction operations. (See also GC 6-24) 6-11A MAINTENANCE of TRAFFIC: The Contractor is responsible for maintenance, control and the safeguarding of traffic within and immediately abutting the project as further outlined herein, and as may otherwise be provided in the Special Conditions. The City is responsible for maintenance, control, and safeguarding of traffic on all detours which do not lie within the project limits, unless otherwise required in the Special Conditions. The City agrees to make necessary arrangements with other governmental agencies to issue compliance with GC 6-09A through 6-09H. GC-26 6-11B STREET CLOSURES or PARTIAL CLOSURES: Streets may be closed to through traffic but shall not be closed to traffic until such closure has been approved by the City. Street closures shall be made in such a manner as to provide for maximum public safety and public convenience. They shall be opened to through traffic at such time as the work has been completed, or as the City may direct. 6-11C EXISTING TRAFFIC SIGNS and FACILITIES: The City will make all necessary adjustments to traffic signals and traffic signal activators at no cost to the Contractor. Existing traffic and street name signs which will interfere with construction will be removed by the City, as required by the Contractor's construction schedule. Upon completion of the project, the City will reset all such signs. 6-11D DETOURS: Detours outside the limits of the project shall be the sole responsibility of the City unless otherwise provided in the Special Conditions. Detours within the limits of the project, such as side street crossings, temporary bridges over freshly placed concrete, utilization of one or more lanes of the construction area for maintenance of traffic, and such related facilities for the maintenance of traffic, shall be included in the appropriate unit price or lump sum,as applicable. 6-11E LOCAL and EMERGENCY TRAFFIC: Local traffic shall be provided access to private properties at all times, except during some urgent stages of construction when it is impractical to carry on the construction and maintain traffic simultaneously, such as for the placing of asphalt concrete pavement, placing and curing of portland cement concrete pavement, and deep sewer excavations which prohibit safe travel of vehicular traffic. Emergency traffic such as police, fire and disaster units shall be provided reasonable access at all times. 6-11F PROTECTION of PEDESTRIAN and VEHICULAR TRAFFIC: The Contractor shall take every precaution to protect pedestrian and vehicular traffic. 6-11G RESTRICTION of PARKING: Where parking is a hazard to through traffic or to the construction work, it shall be restricted either entirely or during the time when it creates a hazard. Signs for this purpose will be initially furnished and placed by the City. The Contractor shall be responsible for and shall maintain the signs if they are used on any street which is directly involved in the construction work. If the parking signs are to be used beyond the confines of the work area, such as another street being used as a detour,the signs will be the responsibility of the City. 6-11H FLAGMEN: The Contractor shall furnish,at his own expense,all flagmen who may be needed. 6-12 TRAFFIC CONTROL WITHIN and ABUTTING the PROJECT: The Contractor shall place and maintain all signs,barricades and warning lights within the limits of the project on all streets, alleys and driveways entering the project so that approaching traffic will turn right or left on existing undisturbed streets before reaching the warning signs and barriers immediately abutting the project. Barricades shall be furnished by the Contractor. The Engineer shall insure that erected barricades conform to requirements of the"Manual on Uniform Traffic Control Devices". Unless otherwise provided in the Special Conditions, the City will assume responsibility for signs and traffic control devices beyond the limits hereinbefore described. 6-13 USE of EXPLOSIVES: Blasting will not be permitted in any case without specific authority of the GC-27 City,and then only under such restrictions as may be required by the proper authorities. If it is necessary to use explosives in the performance of the work, the Contractor shall take out permits and comply with all the laws,ordinances and regulations governing the same. He shall fully protect all completed works as well as all overhead, surface or underground structures and shall be liable for any damage done to the work or to other structures on public or private property and injuries sustained by persons, by reason of the use of explosives and in his operations. Explosives shall be handled, used and fired only by experienced personnel. All firing shall be done by electricity. All explosive supplies shall be safely stored and protected in an approved manner. All such storage places shall be marked clearly "DANGEROUS EXPLOSIVES". Caps or other exploders shall not be stored at the place where dynamite or other explosives are stored. 6-14 RAILROAD CROSSINGS: Wherever a project is being constructed beneath, at grade or above railroad track, it shall be the Contractor's responsibility to contact the railroad company prior to constructing such crossings and to proceed with the construction as directed by the railroad company. The Contractor shall comply with all construction and additional insurance requirements of the railroad company. The Contractor shall hold the City harmless from any and all damages resulting from his operation in the construction at such crossings. (See also 6-05) 6-15 SANITARY PROVISIONS: The Contractor shall provide and maintain in a neat and sanitary condition such accommodations for the use of his employees as may be necessary to comply with the requirements and regulations of the Governmental Agency having jurisdiction thereover. He shall permit no public nuisance. Suitable sanitary conveniences for the use of all persons employed on the work, properly screened from public observation, shall be provided and maintained by the Contractor. 6-16 WATER: The Contractor shall make arrangements with the proper City Officials or private parties for obtaining any water which may be needed at no additional compensation, unless a bid item for water has been provided in the Proposal Form. 6-17 NOISE ELIMINATION: The Contractor shall eliminate noise to as great an extent as possible at all times. Air compressing plants shall be equipped with silencers and the exhausts of all gasoline motors or other power equipment shall be provided with mufflers. 6-18 FOSSILS: If any fossils or treasures or other unusual or valuable geological formations are found in the progress of excavating, such fossils, treasure or samples of geological formations shall be carefully preserved by the Contractor, who shall convey such items to a State or Federal Agency concerned with their preservation and study. These items shall become the property of said State or Federal Agency. 6-19 RIGHT to USE IMPROVEMENT: The City shall have the right to open to traffic or public use any portion of this improvement prior to the final completion of the whole work,but the use of any part or portion of this improvement by the City,by the public, or by any person or party,shall not be construed as acceptance of any portion of the work prior to the time of final completion and acceptance of the entire improvement. 6-20 MONUMENTS and STAKES: The Contractor shall not disturb any monuments or stakes found on the line of this improvement until ordered by the Engineer. The Engineer will furnish and set all new monuments or stakes required along the line of this improvement, but the Contractor will be GC-28 responsible for their protection. In case any monument or stake is disturbed by the Contractor without orders from the Engineer, the Contractor will be charged the cost of the survey and other work required to relocate the same. The Contractor shall give the City 48 hours written notice when he requires the service of the Engineer for laying out any portion of the work. Re-staking of the project will be at the Contractor's expense. The Contractor is required to take every precaution to protect all United States Public Land Survey (USPLS)monuments. In the event the monuments have to be disturbed,the Contractor must notify the Hennepin County Surveyor's office a minimum of 48 hours in advance. 6-21 DISCRIMINATION on ACCOUNT of RACE, CREED, or COLOR: The Contractor agrees that the provisions of Minnesota Statutes, Section 181.59, are as much a part of this Contract as if fully set forth herein. 6-22 INSURANCE AND INDEMNIFICATION: 1. Insurance. No Contractor or Subcontractor shall commence work under this project until it has obtained, at its own cost and expense, all insurance required herein and has complied with all other requirements of this Section. All insurance coverage is subject to approval of the City and shall be maintained by the Contractor for the full term of the project including any guarantee period. The Contractor shall be responsible for the compliance of subcontractors with these insurance requirements. The terms used in this section to specify the required insurance are to be interpreted according to the ordinary usage of the insurance industry. Contractor provides the financial protection of the required insurance to benefit both the City and Contractor. Providing and paying for this insurance (including deductibles and retentions) is part of the consideration which Contractor offers the City. The City does not in any way represent or warrant that the types or limits of insurance specified in this article adequately protect Contractor's interest or sufficiently cover Contractor's liabilities. Prior to starting the Work, Contractor 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 Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies) shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Contractor's coverage shall be primary and noncontributory in the event of a loss. 2. Insurance Coverages Contractor shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: Worker's CompensationStatutory Limits GC-29 Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive General Liability $1,000,000 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) Aircraft Liability With limits proposed by contractor for owner's approval (when applicable) (shall include coverage for all owned,hired and non- owned aircraft) Watercraft Liability $1,000,000 each occurrence (when applicable) (shall include coverage for all owned,hired and non- owned watercraft) Umbrella or Excess Liability $2,000,000 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. Contractor 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. 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. GC-30 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. 3. Proof of Insurance Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-,unless specifically accepted by City in writing. In addition to the requirements stated above,the following applies to the insurance policies required under this Paragraph: a. All polices shall be written on an "occurrence" form ("claims made" and "modified occurrence"forms are not acceptable); b. All polices shall be apply on a"per project"basis; c. All policies, except the Worker's Compensation Policy, shall contain a waiver of subrogation naming"the City of Eden Prairie"; d. All policies, except the Worker's Compensation Policy, shall name "the City of Eden Prairie"as an additional insured; e. All policies, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor 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. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Section, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided, Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated,however,to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. 4. Effect of Contractor's Failure to Provide Insurance If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to GC-31 afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission(including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity,then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity,the City may require Contractor to: 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 Contractor's insurance company. Contractor will take the action required by the City within fifteen(15) days of receiving notice from the City. 5. Indemnification Contractor will indemnify, defend and hold harmless the City and its officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation)with respect to: a. Workers' Compensation benefits payable on account of injury or death to any Contractor employee or to any employee of Contractor's subcontractors, where the injury or death arises out of or is in any way related to the work performed or to be performed under this contract; b. Claims for bodily injury, personal injury, death or property damage or loss asserted by any Contractor employee where the injury, death, damage or loss arises out of or is in any way related to the work performed or to be performed under this Contract; c. Claims for bodily injury,personal injury, death or property damage or loss as asserted by third-parties (including any employees of Contractor or of Contractor's subcontractors, agents, employees or delegates or of any other parties at the work site),where the claim is based in the whole or in any part on, or is in any way related to or arises out of, any act or omission by Contractor, or Contractor's subcontractors, agents, employees or delegates. d. Consultant further agrees to indemnity the City for defense costs incurred in defending any claims,unless the City is determined to be at fault. Contractor agrees that the indemnities stated in this section should be construed and applied in favor of indemnification. To the extent permitted by law, and except as declared unenforceable pursuant to Minnesota Statutes Chapter 337, the stated indemnities apply regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying harm is attributable to the negligence or otherwise wrongful act or GC-32 omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor also agrees that if applicable law, including Minnesota Statutes Chapter 337, limits or precludes any aspect of the stated indemnities, then the indemnities will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnities continue until all applicable statutes of limitations have run. 6-23 WORKING HOURS: The normal working hours under this Contract shall be between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday. The Contractor may apply for changes to these hours by writing to the City Engineer. Work performed after dark shall be adequately illuminated. 6-24 TREES: Trees scheduled for removal shall be so designated by the Engineer. Unauthorized removal of trees by the Contractor shall be replaced caliper inch for caliper inch but in any event all replacement trees shall be Oak(or approved equal) and shall have a minimum 4" diameter and shall meet the requirements of MnDOT 3861. The replacement of trees so removed shall be at the expense of the Contractor. SECTION 7-MEASUREMENT AND PAYMENT 7-01 MEASUREMENT: The determination of pay quantities or work performed under the Contract will be made by the Engineer based upon the lines, grades, and cross sections given, or measurements made by him or his assistants. All items will be computed in the units in the Proposal. 7-01A CLAIMS: To receive any payment on this Contract, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 7-02 SCOPE of PAYMENT: The Contractor shall accept the compensation,as provided in the Contract, in full payment for furnishing all materials, labor, tools and equipment necessary to the completed work and for performing all work contemplated and embraced under the Contract; also for loss or damage arising from the nature of the work, or from the action of the elements, or from any unforeseen difficulties which may be encountered during the prosecution of the work until the final acceptance by the City, and for all risks of every description connected with the prosecution of the work; also for all expenses incurred in consequence of the suspension or discontinuance of the work as herein specified; and for completing the work according to the Plans and Specifications. (See also GC 4-03). Neither the payment of any estimate nor of any retained percentage shall relieve the Contractor of any obligation to make good any defective work or material. Payment will be made only for materials actually incorporated in the work. (For payment of materials on site, see GC 7-04). The unit Contract prices for the various bid items of the Contract shall be full compensation for all labor, materials, supplies, equipment, tools and all things of whatsoever nature required for the complete incorporation of the item into the work the same as though the item were to read "In Place",unless the Plans and Specifications shall provide otherwise. 7-03 PAYMENT of EXTRA WORK: Adjustments, if any, in the amounts to be paid the Contractor by reason of any change, addition, or deduction, shall be determined by one or more of the following GC-33 methods: 1. FOR ITEMS COVERED BY THE PLANS AND SPECIFICATIONS: The City reserves the right to increase or decrease, within reasonable limits, any of the quantities shown. The term "reasonable limits" shall mean a 25 percent increase or decrease in the quantities on any one Contract item. In the event the actual quantities differ more than the reasonable limits, an equitable revision of the unit price shall be made when requested by either the City or the Contractor. This 25 percent limit does not apply to items specifically excluded or listed as optional by the City, nor to minor Contract items, (items amounting to ten percent or less of the total Contract). 2. FOR ITEMS NOT COVERED BY THE PLANS AND SPECIFICATIONS: If the Engineer orders, in writing, the performance of any work not covered by the Plans or included in the Specifications, and for which no item in the Contract is provided, and for which no unit price or lump sum basis can be agreed upon, then such extra work shall be done on a Cost- Plus-Percentage basis of payment as follows: a. The Contractor shall be reimbursed for all costs incurred in doing the work and shall receive an additional payment of 5% of all such cost to cover his indirect overhead costs,plus 10%of all cost,including indirect overhead as his fee. b. The term "cost" shall cover all payroll charges for men employed and supervision required under the specific order, together with all Worker's Compensation, Social Security, pension and retirement allowance and social insurance, or other regular payroll charges on same; the cost of all material and supplies required of either temporary or permanent character; rental of all power-driven equipment at agreed- upon rates, together with cost of fuel and supply charges on same; and any other costs incurred by the Contractor as a direct result of executing the order, if approved by the Engineer. c. The cost of the work done each day shall be submitted to the Engineer in a satisfactory form on the succeeding day, and shall be approved by him or adjusted at once. d. Monthly payments of all charges for Force Account Work in any one month shall be made in full on or before the 24th of the succeeding month contingent upon City Council approval. These payments shall include the full amount of fee earned on the cost of the work done. Claims for extra work not ordered in writing by the Engineer will not be allowed. (See also GC 4-02,4-03,and 4-04). 7-04 PROGRESS PAYMENTS, RETAINED PERCENTAGE: Progress Payments will be issued on or before the 24th day of the month for all work completed to the end of the preceding month. Progress estimates shall be prepared by the Engineer as accurately as the available information will permit but the only estimate that is binding will be the final estimate. Before the final estimate is prepared, all quantities will be reviewed and rechecked. Progress payments will be made in cash or equivalent. The City will retain 5%of the total amount owing the Contractor until 30 days after the GC-34 Contract has been completed and accepted by the City. In accordance with Minnesota Statute 15.73,the Contractor may elect to provide securities in lieu of retainage. However, the Contractor shall inform the City of this intention and provide the proper securities in the amount of 5%of the total contract price prior to the first payment being made on the contract. If no claims or liens have been filed within a 30-day period, the retained percentage will be paid within 25 days of the expiration thereof. Should any liens or claims be filed,the retained percentage will be held until satisfactory agreement is reached between the City, the Contractor and the Contractor's surety. Monthly estimates may include 90% of the value of acceptable materials required in the construction, which have been delivered on the site of the work or adjacent railway siding, and for which acceptable provisions have been made for preservation and storage. Such material when so paid for by the City shall become the property of the City, and in the event of the default on the part of the Contractor, the City may use or cause to be used such materials in construction of the work provided for in the Contract. The amount paid by the City for materials shall reduce estimates due the Contractor as the material is used in the work. The Contractor shall pay to any Subcontractor,within 10 days of the Contractors receipt of payment from the City, for undisputed services provided by the Subcontractor. The Contractor shall pay interest of one and one-half percent per month or any part of a month to a Subcontractor on any undisputed amount not paid on time to the Subcontractor. The minimum monthly interest payment for unpaid balance of$100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual amount due to the Subcontractor. The City may withhold, in addition to retained percentages, from payment to the Contractor such an amount or amounts as may be necessary to cover: 1. Defective work not remedied. 2. Claims for labor or materials furnished the Contractor or subcontractor, or reasonable evidence indicating probable filing of such claims. 3. Failure of the Contractor to make payments properly to subcontractors or for material or labor. 4. Amounts necessary to insure that an overpayment on the total Contract amount will not occur. 5. Evidence of damage to another contractor or private property. The City may disburse and shall have the right to act as agent for the Contractor in disbursing such funds as have been withheld pursuant to this paragraph to the party or parties who are entitled to payment therefrom but the City assumes no obligation to make such disbursement. The City will render to the Contractor a proper accounting of all such funds disbursed. 7-05 ENGINEER'S ACTION on a REQUEST for PAYMENT: Within ten (10) days of submission of any Request for Payment by the Contractor,the Engineer shall: GC-35 1. Approve the Request for Payment as submitted;or 2. Approve such other amount as he shall decide is due the Contractor, informing the Contractor in writing of his reasons for approving the amended amount;or 3. Withhold the Request for Payment, informing the Contractor in writing of his reasons for withholding it. 7-06 CITY'S ACTION on an APPROVED REQUEST for PAYMENT: Within 30 days from the date of approval of a Request for Payment by the Engineer,the City shall: 1. Pay the Request for Payment as approved; or 2. Pay such other amount as he shall decide is due the Contractor, informing the Contractor and the Engineer in writing of his reasons for payment of the amended amount;or 3. Withhold payment, informing the Contractor and the Engineer of his reasons for withholding payment. 7-07 PAYMENT for UNCORRECTED WORK: Should the Engineer direct the Contractor not to correct work that has been damaged or that was not performed in accordance with the Contract Documents, an equitable deduction from the Contract amount shall be made to compensate the City for the uncorrected work. 7-08 PAYMENT for REJECTED WORK and MATERIALS: The removal of work and materials rejected under GC 5-05 and the re-execution of acceptable work by the Contractor shall be at the expense of the Contractor, and he shall pay the cost of replacing the work of other contractors destroyed or damaged by the removal of the rejected work or materials and the subsequent replacement of acceptable work. Removal of the rejected work or materials and store of materials by the City, in accordance with GC 5-05, shall be paid by the Contractor within 10 days after written notice to pay is given by the City. If the Contractor does not pay the expenses of such removal and after ten (10) days written notice being given by the City of its intent to sell the materials,the City may sell the materials at auction or at private sale and shall pay to the Contractor the net proceeds therefrom after deducting all the costs and expenses that should have been borne by the Contractor. 7-09 PAYMENT for WORK SUSPENDED by the CITY: If the work or any part thereof shall be suspended by the City and abandoned by the Contractor as provided in GC 3-03,the Contractor will then be entitled to payment for all work performed on the portions so abandoned, plus 15% of the value of the uncompleted portion of the abandoned work to compensate for overhead,plant expense, and anticipated profit,and which action shall terminate the Contract. 7-10 PAYMENT for WORK by the CITY: The cost of the work performed by the City in removing construction equipment, tools and supplies in accordance with GC 3-15, and correcting deficiencies in accordance with GC 3-16 and GC 4-06, shall be paid by the Contractor. 7-11 PAYMENT for WORK FOLLOWING CITY'S TERMINATION of the CONTRACT: Upon termination of the Contract by the City, in accordance with GC 3-17, no further payments shall be GC-36 due the Contractor until the work is completed. If the unpaid balance of the Contract amount shall exceed the cost of completing the work, including all overhead costs, the excess shall be paid to the Contractor. If the cost of completing the work shall exceed the unpaid balance,the Contractor shall pay the difference to the City. The cost incurred by the City, as herein provided, and the damage incurred through the Contractor's default, shall be certified by the City, and approved by the Engineer. 7-12 PAYMENT for WORK TERMINATED by the CONTRACTOR: Upon termination of the Contract by the Contractor,in accordance with GC 3-18,the Contractor shall recover payment from the City for work performed, plus loss on plant and materials, plus established profit and damages, as approved by the Engineer. 7-13 RELEASE of LIENS: Before final payment is made to the Contractor for the work,the Contractor shall endeavor to obtain and deliver to the City a complete release of all liens arising out of this Contract or receipts in full in lieu thereof, but the Contractor may, if any sub-contractor refuses to furnish a release of lien or receipt in full, furnish a bond satisfactory to the City which will indemnify the City against any lien. The Contractor shall in either case supply a form evidencing Consent of Surety to final payment. If any lien remains unsatisfied after all payments are made to the Contractor, the Contractor shall refund to the City all money that the latter may be compelled to pay in discharging such a lien, including all costs and a reasonable attorney's fee. 7-14 INCOME TAX WITHHOLDING: No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 7-14A AUDIT: The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor (for a period of six years after the effective date of this Contract). 7-15 ACCEPTANCE and FINAL PAYMENT: When the Contractor shall have completed the work in accordance with the terms of the Contract Documents, the Engineer shall certify his acceptance to the City and his approval of the Contractor's final Request for Payment,which shall be the Contract amount plus all approved additions less all approved deductions and less previous payments made. The Contractor shall furnish a notarized certificate that he has fully paid all debts for labor, materials, and equipment incurred in connection with the work, following which the City shall accept the work and release the Contractor except as to: (1)the conditions of the Performance Bond; (2) any liens, claims, security interests, or encumbrances arising out of the Contract and unsettled; (3) failure of the work to comply with the requirement of the contract documents; (4) the terms of any special warranties required by the contract documents; (5) any correction of faulty work after final payment; and (6) any other legal rights to the City. The City shall authorize payment of the Contractor's Final Request for Payment. The Contractor must allow sufficient time between the time of completion of the work and approval of the final request for payment for the Engineer to assemble and check the necessary data. The approval of a request for a final or progress payments by the Engineer and the making of a fmal GC-37 or progress payment to the Contractor does not relieve the Contractor of responsibility for faulty material or workmanship and the City by such payment does not waive any claims of overpayment resulting from mathematical error, unauthorized work, or from any other cause. No final payment shall be made to Contractor until Contractor has provided satisfactory evidence to the City that the Contractor and each of its Subcontractors has complied with M.S.290.92 relating to withholding of taxes upon wages. A certificate by Commissioner of Revenue shall satisfy this requirement. 7-16 TERMINATION of CONTRACTOR'S RESPONSIBILITY: The Contract will be considered complete when all work has been finished, the final inspection made by the Engineer, and the project accepted in writing by the City. The Contractor's responsibility shall then cease, except as to the obligation set forth in Paragraph 5-10, as set forth in the Performance Bond and Payment Bond, as required by any guarantee provided herein, and as to any obligation imposed or prescribed by law. 7-17 CORRECTION of FAULTY WORK AFTER FINAL PAYMENT: The Contractor shall be held responsible for any and all defects in workmanship and materials which may be developed in any part of the entire installation furnished by him, and upon written notice by the Engineer shall immediately replace and make good without expense to the City any such faulty part or parts and damage done by reason of same, during the period of two years from the date of final acceptance of the installation. Should the Contractor fail to make good the defective parts within a period of 30 days of such notification, after written notice has been given him, the City may replace these parts, charging the expense of same to the Contractor. (See GC 5-09 and GC 5-10). 7-18 LIMITATIONS: Nothing contained in Sections 5-10, 7-15, 7-16, or 7-17 shall be construed to establish a period of limitation with respect to any other obligation which the Contractor might have under or by virtue of the Contract Documents, expressed or implied. The establishment of a time period of two (2)years to correct faulty work after the date of final acceptance of the installation or such longer period of time as may be prescribed by law or by the terms of any warranty required in the Contract Documents has no relationship to the time within which his obligation to comply with the Contract Documents may be sought to be enforced, nor the time within which proceedings may be commenced to establish the Contractor's liability with respect to his obligations under the Contract Documents. GC-38 CITY COUNCIL AGENDA DATE: SECTION: Public Hearing October 15, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A. Jim Richardson Special Assessment Hearing for the Public Works /Engineering Approval of the 2013 Special Assessments Requested Action Move to: • Close the public hearing for the approval of the 2013 Special Assessments; and • Adopt the resolution approving all Special Assessments presented in the fall of 2013. Synopsis Each year, the City Council holds a public hearing to consider levying the Special Assessments that have been identified over the previous 12 months. This year, the Council will address a list of supplemental assessments such as trunk assessments and contracted removal assessments. Staff recommends Council approve the list of supplemental assessments. Background Information City Council established the amount to be assessed for this fall's assessment hearing at its regular meeting on September 17, 2013. See Exhibit A for the list of Supplementals that the Council will be asked to approve for levying Special Assessments for collection with property taxes. The total amount proposed to be assessed in 2013 is $550,813.92. Attachments • Resolution • Exhibit A • Published Notice • Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO.2013- WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections in the proposed assessments for the following improvements to wit: (See Exhibit A attached) NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Eden Prairie: 1. Such proposed assessments are hereby accepted and shall constitute the special assessment against the lands in the final assessment rolls, and each tract of land therein included is hereby found to be benefitted by the improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of years as shown on Exhibit A. Installments shall bear interest at the rates shown on Exhibit A, except no interest shall be charged if the entire assessment is paid within 30 days of the adoption of this resolution. To the first installment shall be added interest on the entire assessment from November 1, 2013 until December 31, 2014. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes beginning in 2014. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he/she may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 5. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearings as provided for the assessments being made,upon any properties abutting on the improvements but not herein assessed for the improvement when changed conditions relating to such properties make such assessment feasible. APPROVED on October 15, 2013. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, City Clerk EXHIBIT A Supplementals Trunk Sewer and Water Parcel PID# Years/% Amount Riley Views 19-116-22-34-0008, 30-116- 5 Years/5.35% $84,288.20 22-21-0007 &0010 Shussler Barn 27-116-22-22-0004 5 Years/5.35% $3,255.88 Reeder Ridge 29-116-22-31-0008 & 0010 5 Years/5.35% $409,179.18 &0011,29-116-22-34-0002, 29-116-22-42-0004&0005 &0007 &0008, 29-116-22-43-0005 &0007 &0008 Connection Fees Musech 20-116-22-11-0008 10 Years/5.35% $7,400.00 Shussler 27-116-22-22-0004 5 Years/5.35% $18,510.00 SAC &WAC Fees Shussler 27-116-22-22-0004 5 Years/5.35% $22,250.00 Johnson 30-116-22-13-0009 10 Years/5.35% $3,180.00 Snow Contracted Removal Duda 20-116-22-13-0020 1 Year/5.35% $52.50 Outten 20-116-22-43-0058 1 Year/5.35% $52.50 Schmelz 26-116-22-41-0018 1 Year/5.35% $52.50 Tree Contracted Removal Dolejsi,Et al 06-116-22-24-0048 1 Year/5.35% $803.76 Eden Land Corp 10-116-22-22-0084 1 Year/5.35% $590.01 Eden Land Corp 10-116-22-22-0085 1 Year/5.35% $1,060.26 Weed/Grass Contracted Removal Miller 07-116-22-32-0016 1 Year/5.35% $139.13 NOTICE OF HEARING ON PROPOSED SPECIAL ASSESSMENTS Notice is hereby given that the City Council will meet at 7:00 p.m. on Tuesday, October 15, 2013 in the City Center, 8080 Mitchell Road, Eden Prairie, Minnesota, for the purpose of holding a Public Hearing to consider the proposed assessments for the following improvements in Hennepin County,Minnesota,Township 116,Range 22: SUPPLEMENTALS Trunk Sewer and Water 19-116-22-34-0008 30-116-22-21-0007 30-116-22-21-0010 27-116-22-22-0004 29-116-22-13-0007 29-116-22-31-0008 29-116-22-31-0010 29-116-22-31-0011 29-116-22-34-0002 29-116-22-42-0004 29-116-22-42-0005 29-116-22-42-0007 29-116-22-42-0008 29-116-22-43-0005 29-116-22-43-0007 29-116-22-43-0008 The total amount to be assessed is$531,354.81 Connection Fees 20-116-22-11-0008 27-116-22-22-0004 The total amount to be assessed is$25,910.00 SAC &WAC 27-116-22-22-0004 30-116-22-13-0009 The total amount to be assessed is$25,430.00 Snow Contracted Removal 20-116-22-13-0020 20-116-22-43-0058 26-116-22-41-0018 The total amount to be assessed is$157.50 Tree Contracted Removal 06-116-22-24-0048 10-116-22-22-0084 10-116-22-22-0085 The total amount to be assessed is$2,454.03 Tall Grass/Weed Contracted Removal 07-116-22-32-0016 The total amount to be assessed is$139.13 The proposed assessment roll is now on file with the City Clerk and in the office of the City Engineer and is open to inspection by all persons interested. All persons who wish to be heard with reference to the assessment roll should be present at the hearing to present either written or oral objections. Written or oral objections thereto by any property owner will be considered by the Council prior to the adoption of the assessment roll. CAUTION: No appeal may be taken as to the amount of any assessment adopted unless a written objection, signed by the affected property owner, is filed with the City Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. An owner may appeal an assessment to the District Court pursuant to Minnesota Statutes 429.081,by serving notice of the appeal upon the Mayor or City Clerk within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. For your further information, please note the following: Pursuant to Minnesota Statutes 435.193 through 435.195, which establishes a hardship assessment deferral for seniors or retired disabled, the procedure to obtain a deferred assessment and sets forth the events upon which the option to defer payment terminates and all amounts accumulated plus interest become due.Pursuant to these statutes,the City may defer the payment of special assessments for homestead property of persons 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make the payments,who meet certain standards relating to eligibility. A deferment procedure is authorized by City Code Section 2.84 and has been established by City Resolution 83- 177. The principal amount of special assessments deferred for such persons will bear interest, but not exceeding 50% of the original principal amount of the assessment. Payment of the interest will also be deferred and will be added to the principal amount of the deferred assessment. Any person who wishes to receive a deferment must make application to the City Engineer's office no later than November 10th of the year preceding the year in which an assessment is payable. Applications therefore may be obtained from the City of Eden Prairie by contacting: Jim Richardson, Senior Engineering Technician City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 952-949-8316 By order of the City Council Published once in the Eden Prairie News, September 26,2013 NOTIFICATION LIST SPECIAL ASSESSMENT HEARING NOTIFICATION LIST A copy of the Public Hearing Notice has been sent to owners of the following parcels: 06-116-22-24-0048 07-116-22-32-0016 10-116-22-22-0084 10-116-22-22-0085 19-116-22-34-0008 20-116-22-11-0008 20-116-22-13-0020 20-116-22-43-0058 26-116-22-41-0018 27-116-22-22-0004 29-116-22-13-0007 29-116-22-31-0008 29-116-22-31-0010 29-116-22-31-0011 29-116-22-34-0002 29-116-22-42-0004 29-116-22-42-0005 29-116-22-42-0007 29-116-22-42-0008 29-116-22-43-0005 29-116-22-43-0007 29-116-22-43-0008 30-116-22-13-0009 30-116-22-21-0007 30-116-22-21-0010 CITY COUNCIL AGENDA DATE: SECTION: Public Hearing October 15, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Vacation 13-06 ITEM NO.: IX.B. Denise Christensen Vacation of drainage and utility easements as dedicated in the plat of Lots 3 and 4, Block 2, Public Works/Engineering Cedar Hills West Requested Action Move to: • Close the public hearing; and • Adopt the resolution vacating the drainage and utility easements as dedicated in the plat of Cedar Hills West embraced within Lots 3 and 4, Block 2, Cedar Hills West, Hennepin County, Minnesota. Synopsis The Property Owners have requested the vacation of the drainage and utility easements to facilitate the plat of Reeder Ridge for new home construction. Background Information The drainage and utility easements to be vacated were originally dedicated with the plat of Cedar Hills West. New drainage and utility easements will be dedicated with the plat of Reeder Ridge. The release of the resolution vacating the drainage and utility easements shall be conditioned on the recording of the plat of Reeder Ridge. Attachments • Resolution • Location Map • Site Plan • Published Notice • Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2013- VACATION OF DRAINAGE AND UTILTY EASEMENTS AS DEDICATED IN THE PLAT OF CEDAR HILLS WEST EMBRACED WITHIN LOTS 3 AND 4,BLOCK 2, CEDAR HILLS WEST, HENNEPIN COUNTY, MINNESOTA VACATION 13-06 WHEREAS, the City of Eden Prairie has a certain drainage and utility easements described as follows: Drainage and utility easements as dedicated in the plat of CEDAR HILLS WEST embraced within Lots 3 and 4, Block 2, CEDAR HILLS WEST, Hennepin County, Minnesota. WHEREAS, a Public Hearing was held on October 15, 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 drainage and utility easements has no relationship to the comprehensive municipal plan; and WHEREAS, it has been determined that the said drainage and utility easements are not necessary and have no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage and utility easements as described above are hereby vacated. 2. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with M.S.A. 412.851. 3. This Resolution is contingent upon and shall not be effective until the plat of Reeder Ridge has been recorded with the County Recorder/Registrar of Titles as applicable. The City Clerk shall not present the Notice of Completion of Proceedings to the County Auditor or file it with the County Recorder/Registrar of Titles until the plat is recorded. ADOPTED by the Eden Prairie City Council on October 15, 2013. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk 21 ..); '. . It 0 z P. RRY S,o cc czi) • I n �e R'Cey 1 T116N 73 U \/ R22W 2021 �O / "JNiFFR GV ? 29 28 e ill ,/ T c� ALTO c� DOVE o a WAY \R• w TILIA STRATUS Q k e RD. �CCT. LIRAUS� � � `e�G - • OW 0 o J� ^�� � ACON R/p0F7 sOrlIsA CTQN ^ =� O GTc CD ct QRG C.)wZ_ w CO lq Et 0 DR. _ a 2co BEVERO i.j KRUG 1: , _ z ZNBULL RD. Ot�� /G,0 �� SITE k DR. T t, ® I 41, .vi_ h Yeek• 7 VAC 13-06 NORTH LOCATION MAP /\ ''.n 1 _I -S78°10'01"W \ 910 T 165.00 R=195.43 / \= ♦� L=223.41 N89°32'43"W R-141.54 �� A=65°30'00" 17.50 cL=80.29-- _— " R=566.58 \ =32°30'00"77. _:cs, ....� - - 4, R=225.59 L=116.57---,-f- / UTIl1iV L=171.27 A=11°47'16"\� \ / /�-�--„WEE,M wESTi" „I LS �� =43°30'00" R=526.72\\ �°AN �'� N79°49'59"W �: 1 i 97.00 L=197.65 > // S45°40'01"W !�] BEVEgLY ' i- / 1—,pvaL«�oaitr v - 277.89/ -1 fir/ a T T T 3 4LOT 3 _ -7'RCP —i 33 33 R=381.91 �qs * PIN:29-116-22-42-0007 lIli a WEST — -- 6"" - L-149.98 w 10 FT DRAINAGE AND UTILITY EASEMENT— — `i 1 PER PLAT OF CEDAR HILLS WEST I A=22°30'00" .v t'I' J '.3 STONE HILLS 1 i of "�, N� _= �/ _ 1 ,e ® ' BLOCK ���� w� 2 "'I ��� " s' I Q o LOT 4 W x l ii1 Q 5 PIN:29-116-22-42-0008 D1I w E 1 , a Ta a3171. ' 1 o f I 71 Ep ARw w ��a rj �aT f, AN owe , L — L _ Jio O LOT 2 a1 II t O c me a wac rena \—'DRAINAGE AND UTIILITY EASEMENT PER PLAT ❑ C>a owl Oz OF CEDAR HILLS WEST WIRE FENCE 3LL .11_ U > 9950 EDEN PRAIRIE RD-- i Ia FE I—STORY HOUSE FFE=900.5 s . 3II ' 1 WI I! 7 II 4 . I L__,_ LEGAL DESCRIPTION Drainage and utility easements as dedicated in the plat of CEDAR HILLS WEST embraced within Lots 3 and 4,Block 2,CEDAR HILLS WEST,Hennepin County,Minnesota. Design Ftle: cn«9ea ey Hereby aerury mat tnie pla",:peanmotmn or report 130006 Deo was prepared by me or under my direct supervision antl that a a duly Licensed Professional Land Scale: Drawn By. Surveyor untler Minns to tatutes 326.02 to 326.16. QENN16_@ I"=100' DE _'t NamE,L/1 Date: Book No.: Si lure IhV 0 50 100 200 09/10/13 v�via___— LEGEND N I Data enae Nam6er VACATION EXHIBIT 1 ALLIANT I— —I DRAINAGE&UTILITY EASEMENT SCALE IN FEET OF DRAINAGE&UTILITY EASEMENTS ENGINEERING,INC. L A TO BE VACATED REEDER RIDGE 233 6 E.Sours,SUITE309 MINNESPOLIS.MN 55415 EDEN PRAIRIE,MINNESOTA ONE t66051a175s-30a0 SAX.2)768-3000 VACATION 13-06 NOTICE OF VACATION OF DRAINAGE AND UTILITY EASEMENTS AS DEDICATED IN THE PLAT OF CEDAR HILLS WEST EMBRACED WITHIN LOTS 3 AND 4, BLOCK 2, CEDAR HILLS WEST,HENNEPIN COUNTY, MINNESOTA 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 October 15, 2013 at 7:00 p.m. to hear all persons present upon the proposed vacation of drainage and utility easements described as follows: Drainage and utility easements as dedicated in the plat of CEDAR HILLS WEST embraced within Lots 3 and 4,Block 2, CEDAR HILLS WEST,Hennepin County, Minnesota. By Order of the City Council Published in the Eden Prairie News on September 26, 2013 NOTIFICATION LIST VACATION REQUEST 13-06 A copy of the Public Hearing Notice has been sent to owners of the following parcels: 2911622310008 2911622420004 2911622420005 2911622420007 2911622420008 A copy of the Public Hearing Notice has been sent to the following Utilities: CenterPoint Energy Century Link Communications Comcast Cable Xcel Energy CITY COUNCIL AGENDA DATE: October 15, 2013 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.C. Community St. Andrew Haven Development/Planning Janet Jeremiah/Julie Klima Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 1.7 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from R1-22 to R1-13.5 on 1.7 acres; and • Adopt the Resolution for Preliminary Plat on 1.7 acres into 4 lots and 1 outlot; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis This development proposes the creation of 4 single family lots and an outlot. The outlot will be deeded to the City for protection of the wetland area. The net density of the project is 2.67 units per acre. Waivers to lot frontage, lot width and setbacks are being requested. Granting of the waivers allows for an increased wetland buffer. Background The following waivers are requested: • Lot frontage on Lot 4 from 85 feet to 83.4 feet. • Lot frontage on Lot 2 from 55 feet to 40.2 feet. • Lot width less than 85 feet for Lots 1 and 2. Lot 1 proposes a mean lot width of 58 feet and Lot 2 proposes a mean lot width of 76 feet. • Front yard setback of 25 feet on Lot 3. City Code requires 30 feet. • Side yard setbacks of 5 feet on Lots 1 and 2 (both sides of Lot 1, south side only for Lot 2). Code requires 10 feet. • Total side yard setback of less than 25 feet for Lots 1, 2, and 3. o Lot 1 — 10 feet total; o Lot 2— 15 feet total; o Lot 3 —20 feet total. The 120-Day Review Period Expires on December 23, 2013. Planning Commission Recommendation The Planning Commission voted 8-0 to recommend approval of the project at the September 23, 2013 meeting. Attachments 1. Ordinance 2. Resolution PUD Concept 3. Resolution Preliminary Plat 4. Staff Report 5. Location Map 6. Land Use Map 7. Zoning Map 8. Aerial photo 9. Unapproved Planning Commission Minutes 9-23-13 ST.ANDREW HAVEN CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2013-PUD- -2013 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the R1-22 Zoning District and be placed in the R1-13.5 Zoning District_-2013-PUD-_-2013 (hereinafter "PUD- -2013- "). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of November 19, 2013 entered into between J. David Management LLC and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD- -2013- , and are hereby made a part hereof Section 4. The City Council hereby makes the following findings: A. PUD- -2013- is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD- -2013- is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD- -2013- are justified by the design of the development described therein. D. PUD- -2013- is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the R1-22 Zoning District, and placed in the R1-13.5 Zoning District and shall be included hereafter in the Planned Unit Development PUD-_-2013- and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 15th day of October, 2013, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 19th day of November, 2013. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2013. EXHIBIT A St. Andrew Haven — Legal Description: Lot 21, Auditor's Subdivision No. 225, Hennepin County, Minnesota, EXCEPT that part taken for road by Final Certificate filed May 6, 1982 in the Hennepin County Recorder's Office as Document Number 4714946, described as follows: All that part of said Lot 21, Auditors Subdivision No. 225 which lies Easterly of a line drawn parallel with and distant 50 feet Westerly of the following described line: Beginning at the Northeast corner of the Northwest Quarter of Section 10, Township 116, Range 22, Hennepin County, Minnesota; thence run South along the North-South center line of said section for a distance of 856.15 feet; thence deflect right along a tangential curve having a radius of 1432.40 feet(delta angle 46 degrees 45 minutes 31 seconds) for a distance of 1168.96 feet, and there terminating. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2013- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF ST. ANDREW HAVEN FOR J.DAVID MANAGEMENT LLC WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on September 23, 2013, on St. Andrew Haven by J. David Management LLC and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on October 15, 2013. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. St. Andrew Haven,being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated October 8, 2013. 3. That the PUD Concept meets the recommendations of the Planning Commission dated September 23, 2013. ADOPTED by the City Council of the City of Eden Prairie this 15th day of October, 2013. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept- St. Andrew Haven Legal Description: Lot 21, Auditor's Subdivision No. 225, Hennepin County, Minnesota, EXCEPT that part taken for road by Final Certificate filed May 6, 1982 in the Hennepin County Recorder's Office as Document Number 4714946, described as follows: All that part of said Lot 21, Auditors Subdivision No. 225 which lies Easterly of a line drawn parallel with and distant 50 feet Westerly of the following described line: Beginning at the Northeast corner of the Northwest Quarter of Section 10, Township 116, Range 22, Hennepin County, Minnesota; thence run South along the North-South center line of said section for a distance of 856.15 feet; thence deflect right along a tangential curve having a radius of 1432.40 feet(delta angle 46 degrees 45 minutes 31 seconds) for a distance of 1168.96 feet, and there terminating. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2013- RESOLUTION APPROVING THE PRELIMINARY PLAT OF ST.ANDREW HAVEN FOR J. DAVID MANAGEMENT LLC BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of St. Andrew Haven for J. David Management LLC stamp dated October 8, 2013, and consisting of 1.7 acres into 4 lots and 1 outlot, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 15th day of October, 2013. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Julie Klima, Senior Planner DATE: September 20, 2013 SUBJECT: St. Andrew Haven APPLICANT: J. David Management, LLC OWNERS: St. Andrew Woods LLC LOCATION: 13618 St. Andrew Drive 120 DAY REVIEW: December 23, 2013 REQUEST: • Planned Unit Development Concept Review on 1.716 acres • Planned Unit Development District Review with waivers on 1.716 acres • Zoning District Change from R1-22 to R1-13.5 on 1.716 acres • Preliminary Plat of 1.716 acres into 4 lots and an outlot BACKGROUND The Comprehensive Guide Plan shows the site and property to the south and west as Low Density Residential for up to 2.5 units per acre. Properties to the north and east are guided for Medium Density Residential. The site is zoned R1-22. Properties to the north and east are zoned R1-9.5 and R1-6.5. Properties to the south and west are zoned R1-13.5. PRELIMINARY PLAT This project is the subdivision of 1.716 acres into 4 lots and an outlot. The preliminary plat shows 4 single-family lots at a gross density of 2.33 units per acre. The net density is 2.67 units per acre. The lot sizes range from 13,500 sq. ft. to 24,062 sq. ft. The proposed lots meet the lot size requirements. The preliminary plat shows an outlot on the southern boundary of Lot 3. This outlot will be deeded to the City to protect the wetland buffer area. Staff Report—St. Andrew Haven September 20, 2013 Page 2 PUD WAIVERS The project requires the following Planned Unit Development(PUD) waivers from the City code: • Lot frontage on Lot 4 from 85 feet to 83.3 feet. • Lot frontage on Lot 2 from 55 feet to 31.8 feet. • Lot width less than 85 feet for Lots 1 and 2. Lot 1 proposes a mean lot width of 58 feet and Lot 2 proposes a mean lot width of 76 feet. • Front yard setback of 25 feet on Lot 3. City Code requires 30 feet. • Side yard setbacks of 5 feet on Lots 1 and 2 (both sides of Lot 1, south side only for Lot 2). Code requires 10 feet. • Total side yard setback of less than 25 feet for Lots 1, 2, and 3. o Lot 1 — 10 feet total; o Lot 2— 15 feet total; o Lot 3 —20 feet total. The granting of the waivers provides additional wetland buffer. TREE REPLACEMENT There are 124 diameter inches of significant trees on the property. Tree loss is 16 diameter inches, or 13%. The required tree replacement is 34 inches. The plan meets this requirement. The developer will provide financial security for these trees and the tree replacement will occur after the construction of individual homes. STREETS AND UTILITIES The project will utilize the existing sanitary sewer and water in Vervoot Lane. These utilities will be extended to serve Lots 1 -3. Lot 4 will be served by the existing sewer and water service stubbed to the rear of Lot 4 from St. Andrew Drive. Vervoot Lane will be extended with a cul- de-sac into the site for access to the proposed lots. WATER QUALITY The proposed plan provides the required stormwater treatment, including the use of infiltration basins within the development. STAFF RECOMMENDATION Recommend approval of the following request: 1. Planned Unit Development Concept Review on 1.716 acres 2. Planned Unit Development District Review with waivers on 1.716 acres 3. Zoning District Change from R1-22 to R1-13.5 on 1.716 acres 4. Preliminary Plat of 1.716 acres into 4 lots and one outlot Staff Report—St. Andrew Haven September 20, 2013 Page 3 This is based on plans stamp dated September 13, 2013 and the Staff Report dated September 20, 2013 and the following conditions: 1. Prior to issuance of the grading permit, the proponent shall: A. Submit a planting plan of the infiltration area for approval. B. Submit permeability testing/results for the infiltration area indicating the suitability of the soils for infiltration. C. Revise the plans to include the sanitary sewer and water services for Lots 1-3. D. Revise the plans to include all existing utilities. E. Submit a tree replacement bond, letter of credit, or escrow surety equivalent to 150% of the cost of the landscaping. F. Notify the City and Watershed District 48 hours in advance of grading. G. Install erosion control and tree protection fencing at the grading limits of the property for review and approval by the City. 2. Prior to release of the final plat, the proponent shall: A. Pay all City connection fees. B. Deed Outlot A to the City over the wetland buffer area. 3. Prior to the issuance of building permit, the proponent shall: A. Pay the appropriate cash park fees. 4. The following waivers are granted through the PUD for the project as indicated in the approved plans: o Lot frontage on Lot 2 from 85 feet to 83.3 feet. o Lot frontage on Lot 4 from 55 feet to 31.8 feet. o Lot width less than 85 feet for Lots 1 and 2. Lot 1 proposes a mean lot width of 58 feet and Lot 2 proposes a mean lot width of 76 feet. o Front yard setback of 25 feet on Lot 3. City Code requires 30 feet. o Side yard setbacks of 5 feet on Lots 1 and 2 (both sides of Lot 1, south side only for Lot 2). Code requires 10 feet. o Total side yard setback of less than 25 feet for Lots 1, 2, and 3. • Lot 1 — 10 feet total; • Lot 2— 15 feet total; • Lot 3 —20 feet total. Staff recommends approval subject to these requirements. Area Location Map - St. Andrews Haven Address: 13618 St. Andrew Drive Eden Prairie, Minnesota 55344 ,--7--- ( i AFenwick Circle Prairie View Drive J li J t/ /0 74 Olin IIIII all Ja � eoj I 0 •/4 <• I, icss Arbor Glen Drive SITE I /( // 'I *V Vervoort Lane / Baker Road • 0 150 300 600 F-et • I I I I I I I II Guide Plan Map St. Andrews Haven 13618 St. Andrew Drive, Eden Prairie, MN Prairie View Lane ` Fenwick Circle it L_____ No sirL Baker Road IP Vervoort Lane Jill IEra] SITE _—_____ „.\ iiioir St. Andrew Drive Creekwood PakIlla 'S City of Eden P Van Map 2060-2 0 Am Rural Residential 0.10 Units/Acre Neighborhood Commercial N Low Density Residential 0-2.5 Units/Acre MI Community Commercial Streams Low Density/Public/Open Space - Regional Commercial -Principal Arterial -A Minor Arterial Medium Density residential 2.5-10 Units/Acre ®Town Center '•i . $ +;. ,i -B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06 r---1 Medium Density Residential/Office - Park/Open Space —Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07 DATE Revised 11-07-05 DATE Revised 06-01-07 E a E N High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-23-06 DATE Revised 10-01-07 Minor Collector DATE Revised 03-23-06 DATE Revised 03-01-08 nAirport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09 Office - Church/Cemetary PRAIRIE Y// Office/Industrial Open Water LIVE•WORK•DHEAM M f� Office/Public/Open Space Right-Of-Way 260 130 Oogamm�Me molNmmlNM®1�XnpneB1 1 ..,®2y60^tlFeet - Industrial Zoning Map St. Andrews Haven 13618 St. Andrew Drive, Eden Prairie, MN 55346 1111 _ *lei* Prairie View Road � Fenwick Circle I, Vervoort Lane E \110 TED 1 SITE Baker Road 114 .40 \ izz„------Prill9/7__ St• Andrew Drive vs re • •f : r► w oie Zoning Map NEM _ =Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. -TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. -TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. -TC-MU I GD I General Development Waters(Creeks Only) 1 1 ,f. t R1-9.5 One Family-9,500 sf min. _Industrial Park-2Acre Min, ® 100- Year FlOOdplain RM-6.5 Multi-Family-6.7 U.P.A.max. IMMl Industrial Park-5 Acre Min. -RM-2.5 Multi-Family-17.4 U.P.A.max. -General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008 EDEN Office Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Neighborhood Commercial n Golf Course Date:March 1,2009 Community Commercial l I Water In case of discrepancy related to a toning aassnicadon on this zoning map,the Ordinance tIVE•WOBIC•tlfi EI1M and attached legal description on file at Eden Paine Ciry Center will prevail. -Highway Commercial l I Right of Way -Regional Service Commercial [Right of Way 0 0.05 0.1 Miles .wa_,op..m..,=,..=4J-.o.a.,a ..._..=.::: ,..,,m„ Aerial Map St. Andrews Haven 13618 St. Andrew Drive Eden Prairie, MN 55347 , . ito. • i ( •.! , _ •,, A tir- ,11 ' • r.jil *4 .ur , 1 riltz1. 4._. Ilk 4111111 il. - Fenwick Circle ' , * • , , — q .,.. .. , . 1 1 Prairie View Dr. 't ' 11111 : ' ? r. , . ,40 Baker Road 0 - ' 4- ''0 ' ' 411W411 ri 1116 dr 4 11,10 Ir Ea 1111,0441 A / . /AO ' Ar: - '''•Ir ' • # low . `1101.0. 1 .t.t• A 1 E Jifie 174 --------- Vervoort Lane tr , 1 w''''' 1 I IF ---..26411 4, 1 , • 4i: •W . ;' - IV 41.11111 4CV. OPIkr-IV St. Andrew Drive 4,.. UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, SEPTEMBER 23, 2013 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Jon Stoltz, Katie Lechelt, Jacob Lee, Travis Wuttke, Steven Frank, Ann Higgins, Mary Egan STAFF MEMBERS: Michael Franzen, City Planner Julie Klima, Senior Planner Stu Fox, Manager of Parks and Natural Resources Rod Rue, City Engineer Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Lechelt was absent. II. APPROVAL OF AGENDA MOTION by Frank, seconded by Kirk, to approve the agenda. Motion carried 7-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON SEPTEMBER 9, 2013 MOTION by Frank, seconded by Egan, to approve the minutes. Motion carried 4-0. Kirk, Stoltz and Wuttke abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. ST. ANDREW HAVEN by J. David Management, LLC Location: 13618 St. Andrew Drive Request for: • Planned Unit Development Concept Review on 1.716 acres September 23, 2013 Page 2 • Planned Unit Development District Review with waivers on 1.716 acres • Zoning District Change from R1-22 to R1-13.5 on 1.716 acres • Preliminary Plat of 1.716 acres into 4 lots Matt Pavek, of 510 Clover Leaf Drive, in Golden Valley, is the civil engineer on this project and presented the proposal. Mr. Pavek stated the project is summarized perfectly in the staff report. He also pointed out this project will be done according to City requirements and they are in agreement with the Staff recommendations. Chair Stoltz asked Klima to review the staff report. Klima stated staff recommendation is for approval. Chair Stoltz opened the meeting up for public input. There was no input. MOTION by Frank, seconded by Wuttke, to close the public hearing. Motion carried 8-0. MOTION by Frank, seconded by Wuttke, to recommend approval of the Planned Unit Development Concept Review on 1.716 acres, Planned Unit Development District Review with waivers on 1.716 acres, Zoning District Change from R1-22 to R1-13.5 on 1.716 acres and Preliminary Plat of 1.716 acres into 4 lots based on plans stamped dated September 13, 2013 and the staff report dated September 20, 2013. Motion carried 8-0. VII. PLANNERS' REPORT No report. VIII. MEMBERS' REPORT A. CITIZEN ADVISORY COMMITTEE—LIGHT RAIL Lechelt was absent; no report. IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION by Lee, seconded by Frank, to adjourn the meeting. Motion carried 7-0. There being no further business, the meeting was adjourned at 7:23 p.m. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims October 15, 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 228401 —228657 Wire Transfers 1005006— 1005139 Wire Transfers 4835 —4847 4842 August Purchasing Card Payment August Purchasing Card Report City of Eden Prairie Council Check Summary 10/15/2013 Division Amount Division Amount General 44,883 601 Prairie Village Liquor 138,411 100 City Manager 3,329 602 Den Road Liquor 166,882 101 Legislative 1,252 603 Prairie View Liquor 124,726 102 Legal Counsel -3,954 605 Den Road Building 326 110 City Clerk 182 701 Water Fund 153,972 111 Customer Service 7,665 702 Sewer Fund 319,230 112 Human Resources 292 703 Storm Drainage Fund 61,890 113 Communications 10,663 Total Enterprise Funds 965,436 114 Benefits&Training 3,772 130 Assessing 53 803 Escrow Fund 43,867 131 Finance 658 807 Benefits Fund 354,082 132 Housing and Community Services 57 812 Fleet Internal Service 33,068 133 Planning 1,003 813 IT Internal Service 50,396 136 Public Safety Communications 2,210 814 Facilities Capital ISF 31,959 137 Economic Development 1,440 815 Facilites Operating ISF 28,424 138 Community Development Admin. 922 816 Facilites City Center ISF 135,027 150 Park Administration 38 817 Facilites Comm.Center ISF 29,838 151 Park Maintenance 25,183 Total Internal Service Funds 706,660 153 Organized Athletics 1,000 154 Community Center 14,338 156 Youth Programs 1,259 Report Total 2,959,212 157 Special Events 698 158 Senior Center 3,350 159 Recreation Administration 59 160 Therapeutic Recreation 198 161 Oak Point Pool 302 162 Arts 6,516 163 Outdoor Center 550 168 Arts Center 208 180 Police 12,039 183 Emergency Preparedness 107 184 Fire 24,809 186 Inspections 6,095 200 Engineering 265 201 Street Maintenance 26,234 202 Street Lighting 723 Total General Funds 198,397 301 CDBG 4,939 303 Cemetary Operation 436 308 E-911 312 309 DWI Forfeiture 42 312 Recycle Rebate 158 Total Special Revenue Funds 5,886 315 Economic Development 36,776 502 Park Development 24,442 509 CIP Fund 1,598 512 CIP Trails 3,449 522 Improvement Projects 2006 452 528 Shady Oak Rd-CR 61 North 907,428 529 Shady Oak Rd-CR 61 South 62,903 530 Pool Upgrade/Expansion 45,787 Total Capital Project Funds 1,082,835 City of Eden Prairie Council Check Register 10/15/2013 Check# Amount Vendor/Explanation Account Description Business Unit Explanation 1005039 791,293 MAX STEININGER INC Improvement Contracts Shady Oak Rd-CR 61 North Improvements Shady Oak/61 N 228467 288,047 METROPOLITAN COUNCIL ENVIRONME MCES User Fee Sewer Utility-General Monthly MCES Fee 4836 208,324 CERIDIAN State Taxes Withheld Health and Benefits Taxes Withheld 1005056 180,505 SRF CONSULTING GROUP INC Design&Engineering Sewer Capital Improvements Shady Oak/61 4839 132,844 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 228451 98,923 HENNEPIN COUNTY TREASURER Licenses&Taxes City Hall-Direct Costs 1005074 64,011 XCEL ENERGY Electric Traffic Signals 228579 54,977 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store 4842 51,597 US BANK Deposits Escrow 228459 44,229 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store 228562 41,353 HAMMEL,GREEN AND ABRAHAMSON Design&Engineering Pool Upgrade/Expansion 228628 34,677 SOUTHERN WINE&SPIRITS OF MN Transportation Prairie Village Liquor Store 1005067 34,392 WENCK ASSOCIATES INC Testing-Soil Boring Storm Drainage 1005036 33,412 LOGIS Network Support IT Operating 1005027 33,192 HANSEN THORP PELLINEN OLSON Design&Engineering Pool Upgrade/Expansion 228508 27,310 WIRTZ BEVERAGE MINNESOTA Liquor Prairie Village Liquor Store 228499 26,450 TEMPCO SYSTEMS Building Facilities Capital 4846 25,534 US BANK-CREDIT CARD MERCHANT Bank and Service Charges Finance 228462 24,450 LANDMARK REMODELING LLC Other Contracted Services Project Fund 228536 23,760 DAILEY DATA&ASSOCIATES Software Prairie Village Liquor Store 1005017 23,652 DIVERSE BUILDING MAINTENANCE Janitor Service Den Road Liquor Store 228403 23,584 ABM JANITORIALSERVICES-NORTH C Janitor Service City Hall-CAM 228650 22,245 WIRTZ BEVERAGE MINNESOTA Wine Domestic Prairie View Liquor Store 228506 22,178 WELSH COMPANIES Deposits Escrow 228560 22,063 GRAYMONT Treatment Chemicals Water Treatment Plant 4838 21,074 ING Deferred Compensation General Fund 228457 19,398 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie Village Liquor Store 228509 16,889 WIRTZ BEVERAGE MINNESOTA BEER Misc Taxable Den Road Liquor Store 228487 16,624 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 228654 16,515 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating 1005059 14,886 THORPE DISTRIBUTING Beer Den Road Liquor Store 228446 14,635 GRAYMONT Treatment Chemicals Water Treatment Plant 4837 14,521 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 228651 14,265 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie Village Liquor Store 228599 12,980 NORTH STAR PUMP SERVICE Equipment Repair&Maint Sewer Liftstation 1005016 12,835 DAY DISTRIBUTING Beer Prairie Village Liquor Store 228488 12,732 PRAIRIEVIEW RETAIL LLC Utilities Prairie View Liquor Store 1005128 12,546 THORPE DISTRIBUTING Wine Domestic Prairie Village Liquor Store 4840 12,210 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 228448 11,197 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Storm Drainage 228608 10,127 PHILLIPS WINE AND SPIRITS INC Liquor Den Road Liquor Store 1005013 9,831 CENTERPOINT ENERGY SERVICES IN Gas Water Treatment Plant 1005086 9,584 DAY DISTRIBUTING Beer Prairie Village Liquor Store 1005097 8,685 GREENSIDE INC Contract Svcs-Lawn Maint. Fire Station#1 228483 8,641 PHILLIPS WINE AND SPIRITS INC Transportation Prairie Village Liquor Store 228411 8,351 BARR ENGINEERING COMPANY Design&Engineering Storm Drainage Projects 228427 8,284 COMMERCIAL ASPHALT CO Repair&Maint.Supplies Storm Drainage 1005044 8,250 NEW WORLD SYSTEMS Software Maintenance IT Operating 228554 8,185 FIRE CATT LLC Equipment Testing/Cert. Fire 1005116 7,543 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Fire Station#2 228577 6,712 JJ TAYLOR DISTRIBUTING MINNESO Beer Prairie View Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 1005046 6,364 PARROTT CONTRACTING INC Asphalt Overlay Street Maintenance 228452 6,359 HIGH ROAD HEATING&COOLING CO Other Contracted Services Project Fund 1005051 6,250 RIGHTLINE DESIGN LLC Other Contracted Services Communications 228513 5,859 MINNESOTA VALLEY ELECTRIC COOP Electric Park Acquisition&Development 1005020 5,509 ENVIRONMENTAL PROCESS INC Other Contracted Services Facilities Capital 228648 5,140 WINDOW CONCEPTS OF MINNESOTA I Other Contracted Services Project Fund 228607 5,066 PAUSTIS&SONS COMPANY Transportation Prairie Village Liquor Store 1005063 5,034 VAN PAPER COMPANY Cleaning Supplies Prairie View Liquor Store 1005042 5,025 METRO SALES INCORPORATED* Other Rentals Customer Service 228495 5,015 SOUTHWEST SUBURBAN PUBLISHING- Advertising Prairie Village Liquor Store 1005098 4,844 HAWKINS INC Treatment Chemicals Water Treatment Plant 1005035 4,806 LAWN RANGER,INC,THE Improvement Contracts Shady Oak Rd-CR 61 North 228615 4,635 RAY N WELTER HEATING Other Contracted Services Rehab 228520 4,173 AQUA PRO Improvement Contracts Shady Oak Rd-CR 61 North 1005066 4,097 WALL TRENDS INC Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr 1005028 4,048 HAWKINS INC Treatment Chemicals Water Treatment Plant 1005132 4,017 VINOCOPIA Transportation Prairie Village Liquor Store 228501 4,009 TRAFFIC MARKING SERVICE INC Contracted Striping Traffic Signs 228546 3,900 EDEN PRAIRIE FASTPITCH ASSOCIA Deposits Escrow 1005075 3,766 ADVANCED ENGINEERING&ENVIRON Other Contracted Services Water Accounting 228455 3,749 IMPACT PROVEN SOLUTIONS Other Contracted Services Sewer Accounting 228569 3,691 HOHENSTEINS INC Transportation Prairie Village Liquor Store 1005135 3,544 WINE COMPANY,THE Transportation Prairie Village Liquor Store 228460 3,395 JOHNSON,LANCE AR Utility Water Enterprise Fund 228524 3,331 BARR ENGINEERING COMPANY Design&Engineering Storm Drainage 228440 3,276 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 1005071 3,182 WM MUELLER AND SONS INC Patching Asphalt Street Maintenance 1005094 3,068 GENUINE PARTS COMPANY Small Tools Fleet Operating 228609 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage Customer Service 228482 2,974 PAUSTIS&SONS COMPANY Transportation Prairie Village Liquor Store 228573 2,860 IND SCHOOL DIST 272 Prepaid Expenses General Fund 228431 2,849 CRETEX SPECIALTY PRODUCTS Repair&Maint.Supplies Sewer System Maintenance 228507 2,845 WINE MERCHANTS INC Transportation Prairie Village Liquor Store 228649 2,646 WINE MERCHANTS INC Transportation Prairie Village Liquor Store 228436 2,604 DPC INDUSTRIES INC Treatment Chemicals Water Treatment Plant 1005079 2,481 BELLBOY CORPORATION Transportation Prairie Village Liquor Store 228582 2,477 KODIAK CUSTOM LETTERING INC Clothing&Uniforms Community Center Admin 1005083 2,460 CERIDIAN Ceridian IT Operating 1005139 2,364 XCEL ENERGY Electric Forest Hills Park 1005026 2,333 GRAINGER Repair&Maint.Supplies Water Treatment Plant 1005136 2,301 WM MUELLER AND SONS INC Seal Coating Street Maintenance 228601 2,244 NORTHSTAR MUDJACKING SPECIALIS Mudjacking Curbs Drainage 1005033 2,232 LANDS END CORPORATE SALES Clothing&Uniforms Police 228444 2,178 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations-General 228632 2,167 SUBURBAN CHEVROLET Equipment Repair&Maint Fleet Operating 228437 2,093 EDINA,CITY OF Other Contracted Services Communications 1005070 2,073 WINE COMPANY,THE Transportation Prairie Village Liquor Store 1005119 2,032 REINDERS INC Landscape Materials/Supp Park Acquisition&Development 1005122 1,998 SHERWIN WILLIAMS Equipment Repair&Maint Traffic Signals 1005107 1,976 METRO SALES INCORPORATED* Other Rentals IT Operating 1005118 1,958 R&R SPECIALTIES OF WISCONSIN Repair&Maint-Ice Rink Ice Arena Maintenance 1005133 1,890 VOLT Other Contracted Services Storm Drainage 228489 1,815 PROGRESSIVE CONSULTING ENGINEE Design&Engineering Water Treatment Plant 228522 1,810 ARTISAN BEER COMPANY Beer Prairie Village Liquor Store 228445 1,763 GRAPE BEGINNINGS Transportation Prairie Village Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 228591 1,727 MIDWEST COCA COLA BOTTLING COM Merchandise for Resale Concessions 1005100 1,709 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 1005064 1,688 VINOCOPIA Transportation Prairie Village Liquor Store 1005138 1,669 WSB&ASSOCIATES INC Other Contracted Services Park Acquisition&Development 228511 1,644 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating 228471 1,620 MINNESOTA CHIEFS OF POLICE ASS Tuition Reimbursement/School Police 1005114 1,619 PAUL'S TWO-WAY RADIO Other Contracted Services Public Safety Communications 1005120 1,616 RIVERS EDGE CONCRETE Asphalt Overlay Street Maintenance 228547 1,549 EDEN PRAIRIE LACROSSE ASSOCIAT Deposits Escrow 1005065 1,512 VOLT Other Contracted Services Storm Drainage 1005072 1,463 WORK CONNECTION,THE Other Contracted Services Park Maintenance 228635 1,463 TITAN MACHINERY Other Rentals Storm Drainage 228443 1,445 GIRARD'S BUSINESS SOLUTIONS IN Postage Customer Service 1005037 1,425 LYNDALE PLANT SERVICES Contract Svcs-Int.Landscape City Hall-CAM 1005096 1,402 GRAINGER Building Repair&Maint. Utility Operations-General 1005048 1,401 PRAIRIE ELECTRIC COMPANY Contract Svcs-General Bldg Prairie View Liquor Store 1005052 1,332 RIVERS EDGE CONCRETE Asphalt Overlay Street Maintenance 228595 1,325 MORNEAU HOSPITALITY GROUP LLC Deposits Escrow 228565 1,324 HD SUPPLY WATERWORKS LTD Equipment Parts Water System Maintenance 228463 1,299 LIGHTNING PRINTING INC Printing Art Crawl 228525 1,284 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 228526 1,277 BERNICK'S WINE Misc Non-Taxable Den Road Liquor Store 228571 1,249 HUNTER/EMERSON LLC Deposits Escrow 1005030 1,216 HORIZON COMMERCIAL POOL SUPPLY Other Contracted Services Pool Maintenance 228629 1,163 SPEEDPRO IMAGING INC Protective Clothing Fire 1005009 1,162 BELLBOY CORPORATION Transportation Prairie View Liquor Store 228537 1,144 DALE GREEN COMPANY,THE Improvement Contracts CIP Trails 1005047 1,139 PETERSON BROS ROOFING AND CONS Contract Svcs-General Bldg City Hall-CAM 228621 1,123 SABIS EDUCATIONAL SYSTEMS INC Deposits Escrow 228453 1,121 HOHENSTEINS INC Beer Den Road Liquor Store 228466 1,060 MEDICINE LAKE TOURS Special Event Fees Trips 228447 1,049 GREEN MEADOWS INC Other Contracted Services Park Maintenance 228441 1,043 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 228449 1,000 HELLO!BOOKING INC Other Contracted Services Fall Harvest 228548 1,000 EDEN PRAIRIE SOCCER ASSOCIATIO Deposits Escrow 228600 997 NORTH STAR WIPER&IND SUPPLY Operating Supplies Fire 1005137 987 WORK CONNECTION,THE Other Contracted Services Park Maintenance 228415 975 BOURGET IMPORTS Transportation Prairie Village Liquor Store 228531 973 CENTURYLINK Telephone Sewer Liftstation 228657 963 PETTY CASH 1005126 959 STARKEY LABS Capital Under$25,000 Police 1005110 955 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Storm Drainage 1005105 951 MCQUAY INTERNATIONAL Contract Svcs-HVAC Fire Station#2 1005014 922 COMPAR INC Computers IT Operating 1005084 922 COMPAR INC Computers IT Operating 228456 885 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 228413 863 BERRY COFFEE COMPANY Merchandise for Resale Concessions 228630 861 STAPLES ADVANTAGE Office Supplies Police 228421 856 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance 228464 850 MARTIN-MCALLISTER Employment Support Test Organizational Services 228574 835 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 1005124 834 SIRCHIE FINGER PRINT LABORATOR Office Supplies Police 228544 827 DVORAK,JOE Other Contracted Services Project Fund 1005088 801 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment Plant 228646 800 WILKUS ARCHITECTS INC Capital Under$25,000 FF&E-Furn,Fixtures&Equip. Check# Amount Vendor/Explanation Account Description Business Unit Explanation 228461 799 KRISS PREMIUM PRODUCTS INC Supplies-HVAC Ice Arena Maintenance 228409 774 ARTISAN BEER COMPANY Beer Den Road Liquor Store 4835 771 CERIDIAN Garnishment Withheld General Fund 228576 770 J H LARSON COMPANY Repair&Maint.Supplies Park Maintenance 228435 766 DOMACE VINO Transportation Prairie Village Liquor Store 1005007 732 ADVANCED ENGINEERING&ENVIRON Design&Engineering Water Capital 228479 725 OUTDOOR ENVIRONMENTS INC Other Contracted Services Park Maintenance 228405 709 AMERIPRIDE LINEN&APPAREL SER Janitor Service Prairie View Liquor Store 228504 699 US HEALTH WORKS MEDICAL GRP MN Health&Fitness Fire 228480 665 OXYGEN SERVICE COMPANY Operating Supplies Fire 228417 656 BRYAN ROCK PRODUCTS INC Gravel Storm Drainage 228590 653 MID AMERICA FESTIVALS Deposits Escrow 1005023 642 FASTSIGNS Advertising Fall Harvest 228611 636 PRINT SOURCE MINNESOTA Printing Police 228404 628 AGGREGATE INDUSTRIES Asphalt Overlay Street Maintenance 228496 616 SPECIALIZED ENVIRONMENTAL TECH Landscape Materials/Supp Park Maintenance 228468 600 MIDDLE SPUNK CREEK BOYS,THE Other Contracted Services Fall Harvest 1005111 600 NEW WORLD SYSTEMS Software Maintenance IT Operating 228412 595 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 228534 593 CONSTRUCTION MATERIALS INC Asphalt Overlay Street Maintenance 1005127 577 STREICHERS Clothing&Uniforms Police 228640 574 US HEALTH WORKS MEDICAL GRP MN Health&Fitness Fire 228594 573 MINNESOTA SAFETY SERVICES LLC Instructor Service Pool Lessons 1005090 558 FASTSIGNS Printing Theatre Initiative 228567 552 HENNEPIN COUNTY I/T DEPT Equipment Repair&Maint Public Safety Communications 228484 548 PINNACLE DISTRIBUTING Misc Taxable Prairie Village Liquor Store 1005058 543 THE OASIS GROUP Employee Assistance Organizational Services 1005025 540 GOVDELIVERY Software Maintenance IT Operating 4847 527 LIFE INSURANCE COMPANY OF NORT Other Contracted Services Health and Benefits 1005022 526 FASTENAL COMPANY Equipment Parts Fleet Operating 228465 512 MEADOW GREEN LAWNS INC Other Contracted Services Storm Drainage 1005069 504 WILSON,TAMMY Mileage&Parking Finance 228470 500 MINDMIXER Other Contracted Services Communications 1005113 497 PARK SUPPLY OF AMERICA INC Supplies-Plumbing City Hall-CAM 1005106 494 MENARDS Operating Supplies Park Maintenance 228493 487 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie Village Liquor Store 1005115 481 PITNEY BOWES Postage Customer Service 1005029 481 HIRSHFIELD'S Repair&Maint.Supplies Water System Maintenance 1005093 473 FLEETPRIDE INC Equipment Parts Fleet Operating 1005008 453 AMERITRAK Other Contracted Services Snow&Ice Control 1005082 452 BRAUN INTERTEC CORPORATION Testing-Soil Boring Improvement Projects 2006 228642 450 VERIZON WIRELESS Pager&Cell Phone Park Maintenance 228475 450 MITCHELL,QUAY Deferred Revenue Facilities Operating ISF 228442 449 GE CAPITAL Other Rentals IT Operating 228581 449 KEEPERS Clothing&Uniforms Animal Control 1005103 445 KUSTOM SIGNALS INC Equipment Repair&Maint Police 228558 440 GE CAPITAL Other Rentals IT Operating 228549 434 EDEN PRAIRIE WINLECTRIC Building Repair&Maint. Park Maintenance 228458 426 JOHN DEERE LANDSCAPES/LESCO Landscape Materials/Supp Storm Drainage 228617 425 RICK'S PLUMBING SERVICES LLC Equipment Repair&Maint Water Treatment Plant 1005081 420 BIFFS INC Other Contracted Services July 4th Celebration 228556 409 FLEET MAINTENANCE INC Equipment Parts Fleet Operating 228559 393 GOLDEN VALLEY SUPPLY CO Supplies-General Bldg City Hall-CAM 1005130 385 TWIN CITY SEED CO Improvement Contracts CIP Trails 228572 385 IDEA CREEK LLC,THE Operating Supplies Fire Check# Amount Vendor/Explanation Account Description Business Unit Explanation 1005061 385 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 228523 376 BARBER,JOANN Operating Supplies Theatre Initiative 228542 375 DRAMATIC PUBLISHING Prepaid Expenses General Fund 1005078 370 A-SCAPE INC Contract Svcs-Lawn Maint. Fire Station#5 228539 367 DAVANNI'S PIZZA Merchandise for Resale Concessions 228502 365 TWIN CITIES&WESTERN RAILROAD Licenses&Taxes Water Distribution 228408 352 AQUA ENGINEERING INC Repair&Maint.Supplies Utility Operations-General 228481 350 PAUL SPRING MUSIC LLC Other Contracted Services Fall Harvest 228486 350 POLSTER,ALLISON Other Contracted Services Fall Harvest 228568 350 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 1005015 343 CREAMER,LORI Mileage&Parking Heritage Preservation 228625 342 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie Village Liquor Store 1005006 337 ABM EQUIPMENT AND SUPPLY COMPA Equipment Parts Fleet Operating 228589 330 MGWA Prepaid Expenses Water Enterprise Fund 228641 329 VEOLIA Waste Disposal Fleet Operating 228494 314 SIR KNIGHT CLEANERS Clothing&Uniforms Fire 228610 312 PRAIRIE RESTORATIONS INC Other Contracted Services Storm Drainage 228416 304 BRIN NORTHWESTERN GLASS COMPAN Other Contracted Services Rehab 228454 302 HOME DEPOT CREDIT SERVICES Supplies-General Bldg City Hall-CAM 228598 300 MY CABLE MART Other Hardware IT Operating 228473 300 MINNESOTA HISTORICAL SOCIETY Other Contracted Services Fall Harvest 1005049 298 PREMIUM WATERS INC Supplies-General Bldg Fitness/Conference-Cmty Ctr 1005054 295 SHERWIN WILLIAMS Equipment Repair&Maint Traffic Signals 228633 285 TAMS-WITMARK MUSIC LIBRARY INC Operating Supplies Summer Theatre 1005134 283 WHEELER HARDWARE COMPANY Supplies-General Bldg City Hall-CAM 228645 282 WATER CONSERVATION SERVICES IN OCS-Leak Detection Water System Maintenance 228472 277 MINNESOTA CONWAY Equipment Repair&Maint Fleet Operating 1005011 273 BOBBY&STEVE'S AUTO WORLD EDE Equipment Repair&Maint Police 228563 272 HARDWICK,CASANDRA AR Utility Water Enterprise Fund 228550 270 EDINA,CITY OF Other Contracted Services Communications 1005012 267 BOUNDLESS NETWORK Operating Supplies Ice Rink#2 228551 260 EMERSON,KEITH AR Utility Water Enterprise Fund 228512 250 COMMISSIONER OF TRANSPORTATION Prepaid Expenses General Fund 228422 240 CENTURYLINK Telephone E-911 Program 228593 231 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 228575 228 J A G FITNESS SERVICES LLC Equipment Repair&Maint Fitness Center 228538 227 DAN'S SOUTHSIDE MARINE Equipment Repair&Maint Fire 1005040 226 MCQUAY INTERNATIONAL Contract Svcs-HVAC City Center Operations 228490 216 PROP United Way Withheld General Fund 228613 216 PROP United Way Withheld General Fund 1005057 214 STREICHERS Clothing&Uniforms Police 228552 213 FERALIN,JAMES AR Utility Water Enterprise Fund 228612 210 PROGRESSIVE CONSULTING ENGINEE Design&Engineering Water Capital 228430 207 CONTINENTAL RESEARCH CORPORATI Repair&Maint.Supplies Water Treatment Plant 228545 205 EARL F ANDERSEN INC Signs Traffic Signs 1005043 205 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Storm Drainage 228478 204 NEW BRIGHTON FORD Equipment Parts Fleet Operating 228469 200 MILIO'S SANDWICHES Merchandise for Resale Concessions 228653 200 XIGENT SOLUTIONS LLC Other Contracted Services IT Operating 228583 196 LAMMER,JILL AR Utility Water Enterprise Fund 1005021 195 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 228529 194 CARLSON,KEN AR Utility Water Enterprise Fund 228498 194 TAMS-WITMARK MUSIC LIBRARY INC Operating Supplies Summer Theatre 1005104 193 LANDS END CORPORATE SALES Clothing&Uniforms Police 228528 187 BUSH,KEITH AR Utility Water Enterprise Fund Check# Amount Vendor/Explanation Account Description Business Unit Explanation 1005031 186 INDUSTRIAL FLOOR MAINTENANCE I Equipment Parts Fleet Operating 228432 182 CRS INC Contract Svcs-General Bldg Garden Room Repairs 1005010 176 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 228420 174 CALIFORNIA CONTRACTORS SUPPLIE Clothing&Uniforms Utility Operations-General 1005095 173 GINA MARIAS INC Operating Supplies Fire 228606 172 PARK JEEP INC Equipment Parts Fleet Operating 228655 166 ZARA,ANNE Deposits Escrow 228614 162 RANNOW,JIM Deposits Escrow 228604 161 OUTDOORS AGAIN INC Other Contracted Services Park Maintenance 1005053 160 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Operating 1005062 160 USA SECURITY Maintenance Contracts Utility Operations-General 228543 160 DRONEN,DWIGHT AR Utility Water Enterprise Fund 228638 153 UNIFORMS UNLIMITED Operating Supplies Police 228434 151 DIRECTV Cable TV Community Center Admin 1005024 150 GANDRUD,DAVID Operating Supplies Fire 228517 145 ALEX AIR APPARATUS INC Equipment Repair&Maint Fire 228485 140 PLEAA Tuition Reimbursement/School Police 228402 136 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 228532 136 COMMERCIAL DOOR SYSTEMS INC Building Repair&Maint. Utility Operations-General 228584 135 LANO EQUIPMENT INC Equipment Parts Fleet Operating 228561 135 GREENBERG FARROW Deposits Escrow 228596 130 MTRA Dues&Subscriptions Senior Center Admin 1005087 129 EDEN PRAIRIE FIREFIGHTER'S REL Union Dues Withheld General Fund 1005092 128 FERRELLGAS Repair&Maint.Supplies Water Treatment Plant 228623 128 SCHANUS,EVELYN AR Utility Water Enterprise Fund 1005019 127 EDEN PRAIRIE FIREFIGHTER'S REL Union Dues Withheld General Fund 1005085 123 CUSTOM HOSE TECH Equipment Parts Fleet Operating 228518 122 AMERIPRIDE LINEN&APPAREL SER Janitor Service Den Road Liquor Store 228541 121 DEVITO,MATT AR Utility Water Enterprise Fund 1005041 121 MENARDS Supplies-General Bldg Den Road Liquor Store 228414 120 BOMA MINNEAPOLIS Conference/Training Facilities Staff 1005129 120 TRI COUNTY BEVERAGE&SUPPLY Misc Non-Taxable Prairie Village Liquor Store 1005089 119 FASTENAL COMPANY Operating Supplies Park Maintenance 1005055 113 SPRINT Computers IT Operating 228429 112 COMMUNITY HEALTH CHARITIES OF United Way Withheld General Fund 228450 112 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 228533 112 COMMUNITY HEALTH CHARITIES OF United Way Withheld General Fund 228500 112 TLO LLC Other Contracted Services Police 1005101 108 JASON'S DELI Operating Supplies Reserves 1005091 107 FEDEX Postage Human Resources 228497 104 STAPLES ADVANTAGE Office Supplies Customer Service 1005108 103 METROPOLITAN FORD Equipment Parts Fleet Operating 1005068 102 WHITE,KEVIN Travel Expense Police 228503 101 UNITED WAY United Way Withheld General Fund 228639 101 UNITED WAY United Way Withheld General Fund 1005117 100 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 228418 100 BUSH,EMILY Refunds Environmental Education 228619 100 ROSS,FRANCENE Refunds Environmental Education 1005034 97 LARSON,ALLEN R. Mileage&Parking Police 228592 96 MINN OFFICE OF ENTERPRISE TECH Other Contracted Services Police 4845 95 VANCO SERVICES Miscellaneous Community Center Admin 1005045 91 OSI BATTERIES INC Operating Supplies Traffic Signs 228622 90 SAMPAT,FALGUNI AR Utility Water Enterprise Fund 228433 90 DALE GREEN COMPANY,THE Landscape Materials/Supp Flying Cloud Fields 228407 88 ANG,ROBERT Refunds Environmental Education Check# Amount Vendor/Explanation Account Description Business Unit Explanation 228476 86 MORGAN CREEK VINEYARDS Wine Domestic Den Road Liquor Store 228644 85 VIG,JAZZ Deposits Escrow 228656 85 ZUCK,CAMERON Deposits Escrow 228553 85 FIETEK,CHRIS Mileage&Parking Police 228516 82 ACCELERATED TECHNOLOGIES LLC Video&Photo Supplies Fitness Classes 1005050 80 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 228587 79 MANICOR,ASHLEY Deposits Escrow 228535 77 CURRAN,KENT Deposits Escrow 228419 76 C E SUNDBERG COMPANY Supplies-General Building City Center Operations 228406 75 ANDERSON LAKES ANIMAL HOSPITAL Other Contracted Services Animal Control 228586 74 MANALLY,AMY AR Utility Water Enterprise Fund 228634 71 TIRE TOWN INC Contract Svcs-Ice Rink Ice Arena Maintenance 228580 68 KAUNE,JENNIFER Operating Supplies Theatre Initiative 228527 67 BOGREN,ANN Mileage&Parking Police 1005102 66 KUFFEL,RYAN Mileage&Parking Police 228616 64 RICE,RICK AR Utility Water Enterprise Fund 228636 64 TOUGH CUT SERVICES Other Contracted Services Park Maintenance 228401 64 440400-NCPERS MINNESOTA PERA Health and Benefits 228515 64 440400-NCPERS MINNESOTA PERA Health and Benefits 228643 64 VERRAL,JIM Deposits-P&R Refunds Community Center Admin 1005076 61 AMERICAN SOLUTIONS FOR BUSINES Clothing&Uniforms Community Center Admin 228557 61 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Utility Operations-General 228519 60 APLIN,JANICE Deposits-P&R Refunds Community Center Admin 1005060 60 TRI COUNTY BEVERAGE&SUPPLY Misc Non-Taxable Prairie Village Liquor Store 1005109 58 MINNESOTA CLAY CO.USA Operating Supplies Arts Center 228647 57 WILSONS NURSERY INC Landscape Materials/Supp Park Maintenance 228564 54 HARRIMAN,CHARLES AR Utility Water Enterprise Fund 228570 54 HUMES,DAVID AR Utility Water Enterprise Fund 228597 53 MUSIC THEATRE INTERNATIONAL Operating Supplies Summer Theatre 1005121 53 SAMS,JOHN Mileage&Parking Assessing 1005018 53 DMX MUSIC Other Contracted Services Prairie Village Liquor Store 228439 51 ELFTMANN,SYLVIA Deposits-P&R Refunds Community Center Admin 1005073 51 WYDEVEN,ROSS Mileage&Parking Park Maintenance 228510 50 WOODARD,DALE Refunds Environmental Education 228578 50 JOHN DEERE LANDSCAPES/LESCO Operating Supplies Street Maintenance 1005080 50 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 228588 47 MATSON,TOM Small Tools Fleet Operating 1005123 45 SHRED-IT USA MINNEAPOLIS Other Contracted Services Community Center Admin 1005099 44 HIRSHFIELD'S Supplies-General Bldg Park Shelters 228566 42 HELGESON,BRACE AR Utility Water Enterprise Fund 228602 42 NYSTROM.KRISTIN AR Utility Water Enterprise Fund 228631 42 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 228521 41 ARPON,RITA AR Utility Water Enterprise Fund 228627 41 SNYDER,DAVID AR Utility Water Enterprise Fund 228620 39 RUUSKA,RAYMOND AR Utility Water Enterprise Fund 228530 37 CASEY,MICHAEL AR Utility Water Enterprise Fund 228425 35 COMCAST Operating Supplies Fire 228603 34 OBINGER,RICHARD AR Utility Water Enterprise Fund 228652 30 WOMEN IN LEISURE SERVICES Conference/Training Youth Programs Admin 228428 27 COMMERCIAL DOOR SYSTEMS INC Equipment Repair&Maint Water Treatment Plant 228626 27 SHINE,JOE AR Utility Water Enterprise Fund 4843 25 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 4844 25 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 228618 25 ROEBER,MICHAEL AR Utility Water Enterprise Fund 228477 24 MULTIHOUSING CREDIT CONTROL Other Contracted Services Police Check# Amount Vendor/Explanation Account Description Business Unit Explanation 228585 24 LAYNE,MARLA AR Utility Water Enterprise Fund 1005131 23 UPS Equipment Repair&Maint Public Safety Communications 228410 22 AT&T MOBILITY Pager&Cell Phone Park Maintenance 1005038 21 MATHESON TRI-GAS INC Repair&Maint.Supplies Utility Operations-General 1005125 21 SOPPELAND,LONNIE AR Utility Water Enterprise Fund 228438 20 EKLOF DOCKS Equipment Repair&Maint Park Maintenance 228624 17 SCHWANKE,BENJANIM Deposits Escrow 1005077 17 AMERICAN TIME&SIGNAL CO Contract Svcs-Gen.Bldg City Center Operations 228423 16 COMCAST Wireless Subscription IT Operating 1005112 14 NORCOSTCO Operating Supplies Theatre Initiative 228540 14 DEISHER,CAROL AR Utility Water Enterprise Fund 228637 13 TYLER,WHITNEY AR Utility Water Enterprise Fund 228505 13 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 228555 12 FISERV INC Bank and Service Charges Water Accounting 228492 11 RICHFIELD,CITY OF Licenses&Taxes Fleet Operating 1005032 10 KUSTOM SIGNALS INC Equipment Repair&Maint Police 228474 9 MINNESOTA VALLEY ELECTRIC COOP Electric Street Lighting 228491 6 R&R MARINE INC Equipment Parts Fleet Operating 228605 5 PAPER DIRECT INC Office Supplies Customer Service 228426 5 COMCAST Operating Supplies Fire 228424 2 COMCAST Other Contracted Services Police 2,959,212 Grand Total City of Eden Prairie Purchasing Card Payment Report August Purchases Amount Explanation Vendor Account Description Business Unit 318 US-NLC conf airfare DELTA AIR Travel Expense City Council 55 US-exam fee MINNESOTA POLLUTION CONTROL AG Conference/Training Utility Operations-General 99 US-suplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water System Maintenance 64 US-#951 LKQ MINNESOTA INC Equipment Parts Fleet Operating 219 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 16 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions 23 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions 3 US-café supplies IKEA Operating Supplies Concessions 2,618 US-employee picnic ANNIE'S CAFE Other Contracted Services Internal Events 367 US-employee picnic ANNIE'S CAFE Other Contracted Services Internal Events 1,812 US-golf classic DAHLGREEN GOLF CLUB Special Event Fees Senior Center Programs 27 US-supplies TARGET Operating Supplies Senior Center Admin 138 US-bikling shirts EMBROIDME Other Contracted Services Senior Center Programs 3 US-SC Supplies CUB FOODS EDEN PRAIRIE Office Supplies Senior Center Admin 29 US-straps NAPA AUTO PARTS Repair&Maint.Supplies Sewer System Maintenance 245 US-AWWA conf PAYPAL INC Conference/Training Water System Maintenance 2,322 US-miller splash pad COMMERCIAL RECREATION SPECIALI Equipment Repair&Maint Park Maintenance 111 US-lawn edge-roof drain proj MENARDS Building Repair&Maint. Water Treatment Plant 29 US-slaker couplings HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water Treatment Plant 47 US-vacuum filters SEARS EDEN PRAIRIE Cleaning Supplies Water Treatment Plant 13 US-press parts MENARDS Repair&Maint.Supplies Water Treatment Plant 36 US-slaker drain MENARDS Repair&Maint.Supplies Water Treatment Plant 282 US-forklift batteries MILLS FLEET FARM Auto Repair&Maint. Utility Operations-General 8 US-parking for meeting STANDARD PARKING Mileage&Parking Tree Disease 55 US-gas EXXON Operating Supplies Fire 10 US-women conf CHI TAXI MED Operating Supplies Fire 16 US-women conf TAXI Operating Supplies Fire 615 US-women conf Anne WOMEN IN THE FIRE SERVICE INC Conference/Training Fire 615 US-women conf allison F WOMEN IN THE FIRE SERVICE INC Conference/Training Fire 14 US-women conf TAXI Operating Supplies Fire 15 US-women conf CHI TAXI MED Operating Supplies Fire 14 US-women conf TAXI Operating Supplies Fire 15 US-women conf CHI TAXI MED Operating Supplies Fire 14 US-women conf CHI TAXI MED Operating Supplies Fire 959 US-women conf HYATT HOTELS Travel Expense Fire 1,155 US-women conf HYATT HOTELS Travel Expense Fire 62 US-gas SUPERAMERICA Operating Supplies Fire 266 US-new world mtg K Cox AMERICAN AIRLINES Travel Expense Fire 224 US-new world mtg K Cox EXPEDIA Travel Expense Fire 54 US-flash drive OFFICEMAX CREDIT PLAN Operating Supplies Fleet Operating 158 US-gift cards CVS PHARMACY Motor Fuels Fleet Operating 640 US-2007 dodge 3500 NATIONS STARTER&ALTERNATOR Equipment Parts Fleet Operating 31 US-fire boat trailer R&R MARINE INC Equipment Parts Fleet Operating 25 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions 27 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 15 US-café supplies OFFICEMAX CREDIT PLAN Operating Supplies Concessions 35 US-café supplies FRATTALLONE'S/MINNETONKA ACE Operating Supplies Concessions Amount Explanation Vendor Account Description Business Unit 48 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions 22 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions 63 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 33 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 42 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions 37 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 79 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 32 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 21 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions 138 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 25 US-boiler license-K Horgan DEPT OF LABOR&INDUSTRY Tuition Reimbursement/School Water Treatment Plant 428 US-arc flash clothing SAFETY CLOTHING Safety Supplies Water Treatment Plant 130 US-lock out tag out OFFICEMAX CREDIT PLAN Office Supplies Water Treatment Plant 235 US-lock out tag out OFFICEMAX CREDIT PLAN Office Supplies Water Treatment Plant 22 US-admin supplies MENARDS Office Supplies Community Center Admin 95 US-TZD conf UNIVERSITY OF MINNESOTA Conference/Training Engineering 47 US-ink for printer OFFICE DEPOT CREDIT PLAN Operating Supplies Park Maintenance 40 US-ink for printer OFFICE DEPOT CREDIT PLAN Operating Supplies Park Maintenance 32 US-book for class MBS DIRECT Tuition Reimbursement/School Fire 11 US-mtg LYNDES Operating Supplies Fire 54 US-FRI gas PETRO SERVE USA Operating Supplies Fire 14 US-FRI dinner SUBWAY Operating Supplies Fire 99 US-FRI dinner FADO IRISH PUB Operating Supplies Fire 9 US-FRI breakfast MCCORMICK PLACE Operating Supplies Fire 75 US-FRI dinner RIVA Operating Supplies Fire 170 US-FRI dinner GENE&GEORGETTI Operating Supplies Fire 45 US-FRI gas ROAD RANGER Operating Supplies Fire 23 US-FRI breakfast MACHINE SHED Operating Supplies Fire 1,192 US-fri hotel G Esbensen SHERATON HOTEL Conference/Training Fire 996 US-J Hoehn fri hotel SHERATON HOTEL Conference/Training Fire 19 US-food CHIPOTLE Operating Supplies Fire 45 US-supplies INVISIBLE SHIELD Miscellaneous IT Operating 10 US-cell battery AMAZON.COM Miscellaneous IT Operating 419 US-supplies AMAZON.COM Computers IT Operating 18 US-fan for office WALMART COMMUNITY Miscellaneous IT Operating 38 US-misc cables AAA DICTATION Miscellaneous IT Operating 25 US-monthly software fees MICROSOFT CORPORATE Software IT Operating 56 US-monthly software fees PODIO INC Software IT Operating 32 US-battery AMAZON.COM Miscellaneous IT Operating 100 US-conf MN HISTORICAL SOCIETY Conference/Training Heritage Preservation 70 US-conf MN HISTORICAL SOCIETY Conference/Training Heritage Preservation 515 US-conf RAIL-VOLUTION.COM Conference/Training Planning 318 US-conf R Rojas DELTA AIR Conference/Training Planning 298 US-ICMA conf-flight SUN COUNTRY Travel Expense Administration 101 US-ice office OFFICE DEPOT CREDIT PLAN Operating Supplies Ice Rink#1 172 US-ice office OFFICE DEPOT CREDIT PLAN Operating Supplies Ice Rink#1 2,872 US-computer forensics MICRO CENTER A/R Miscellaneous IT Operating 107 US-surveillance camera GANDER MOUNTAIN Operating Supplies Police 39 US-supplies/batteries MENARDS Operating Supplies Police 10 US-Baseline UPS STORE,THE Operating Supplies Park Maintenance 79 US-irrigation epcc AQUA MAN POOL AND SPA Repair&Maint.Supplies Park Maintenance Amount Explanation Vendor Account Description Business Unit 12 US-Baseline UPS STORE,THE Operating Supplies Park Maintenance 64 US-flying cloud upgrade baseli MENARDS Repair&Maint.Supplies Park Maintenance 39 US-flying cloud upgrade baseli MENARDS Repair&Maint.Supplies Park Maintenance 46 US-purgatory pool fountain MENARDS Building Repair&Maint. Park Maintenance 119 US-textbooks for class HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire -43 US-textbooks for class HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 245 US-textbooks for class HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 136 US-Antler rdg trl MENARDS Operating Supplies Park Maintenance 20 US-park signs MENARDS Operating Supplies Park Maintenance 16 US-license for wine event HENNEPIN COUNTY TREASURER Other Contracted Services Prairie Village Liquor Store 16 US-license for wine event HENNEPIN COUNTY TREASURER Other Contracted Services Den Road Liquor Store 16 US-license for wine event HENNEPIN COUNTY TREASURER Other Contracted Services Prairie View Liquor Store 85 US-excel trng-tammy/gretchen FRED PRYOR SEMINARS Conference/Training Prairie Village Liquor Store 85 US-excel trng-tammy/gretchen FRED PRYOR SEMINARS Conference/Training Den Road Liquor Store 85 US-excel trng-tammy/gretchen FRED PRYOR SEMINARS Conference/Training Prairie View Liquor Store 18 US-tarp MENARDS Repair&Maint.Supplies Water Treatment Plant 297 US-supplies BLACK MOUNTAIN Operating Supplies Fitness Classes 11 US-supplies TARGET Operating Supplies Fitness Classes 64 US-group fitness AV NOW,INC Operating Supplies Fitness Classes 91 US-chaps A TO Z RENTAL CENTER Safety Supplies Park Maintenance 29 US-supplies A TO Z RENTAL CENTER Equipment Repair&Maint Park Maintenance 30 US-silver sneakers RAINBOW FOODS INC. Operating Supplies Fitness Classes 71 US-water plant office supplies OFFICE DEPOT CREDIT PLAN Office Supplies Customer Service 197 US-MPLERA conf-A Rose ARROWWOOD RADISSON RESORT Conference/Training Human Resources 10 US-J Goldenstein-IT NATIONAL STUDENT CLEARINGHOUSE Other Contracted Services Organizational Services 6 US-human rights comm liaisons TARGET Operating Supplies Housing and Community Service 14 US-service providers mtg CARIBOU COFFEE Operating Supplies Housing and Community Service 30 US-emergncy services prov mtgs STARBUCKS COFFEE Operating Supplies Housing and Community Service 8 US-HRDC one voice TARGET Operating Supplies Housing and Community Service 5,631 US-July2013 Bldg Surchgs DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 1,047 US-July2013 Bldg Surchgs DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund 660 US-July2013 Bldg Surchgs DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund -147 US-July2013 Bldg Surchgs DEPT OF LABOR&INDUSTRY Other Revenue General Fund 45 US-GFOA mtg GOVERNMENT FINANCE OFFICERS AS Training Supplies Finance 40 US-UB recurring CC PAYPAL INC Bank and Service Charges Utility Operations-General 20 US-epermit web security PAYPAL INC Equipment Repair&Maint IT Operating 43 US-UB online processing PAYPAL INC Bank and Service Charges Utility Operations-General 8 US-café food HOLIDAY STATION STORES INC Merchandise for Resale Concessions 510 US-IEDC conf-D Lindahl UNITED AIR Travel Expense Economic Development 930 US-IEDC conf-D Lindahl IEDC Conference/Training Economic Development 16 US-Apstyle guide renewal APBOOKSTORE.COM Dues&Subscriptions Communications 45 US-sledge hammer/wood handles HOME DEPOT CREDIT SERVICES Small Tools Street Maintenance 28 US-blow off parts side 1 MENARDS Repair&Maint.Supplies Water Treatment Plant 74 US-slaker vent MENARDS Repair&Maint.Supplies Water Treatment Plant 8 US-slaker vent HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water Treatment Plant 157 US-misc well parts MENARDS Repair&Maint.Supplies Water Wells 28 US-office supplies CALENDARS Office Supplies Community Development Admin. 470 US-rail volution conf RAIL-VOLUTION.COM Conference/Training Community Development Admin. 45 US-rail volution conf RAIL-VOLUTION.COM Conference/Training Community Development Admin. 348 US-rail volution conf DELTA AIR Conference/Training Community Development Admin. 156 US-mayfield dr yard restoratio BACHMANS CREDIT DEPT Repair&Maint.Supplies Storm Drainage Amount Explanation Vendor Account Description Business Unit 35 US-supplies MENARDS Office Supplies Utility Operations-General 249 US-imprinted nylon lanyard TJM PROMOTIONS Operating Supplies Utility Operations-General 94 US-sunshine fund-Wanchena BACHMANS CREDIT DEPT Deposits Escrow 220 US-retirement gift HALLMARK INSIGHTS Employee Award Organizational Services 38 US-luncheon-R Ellis SENSIBLE LAND USE COALITION Miscellaneous Engineering 41 US-sunshine fund-A Browne BACHMANS CREDIT DEPT Deposits Escrow 60 US-sunshine fund-C Ruzek BACHMANS CREDIT DEPT Deposits Escrow 66 US-sunshine fund-J Good FTD.COM Deposits Escrow 60 US-sunshine fund-K Breunig BACHMANS CREDIT DEPT Deposits Escrow 280 US-council food workshop LEEANN CHIN Miscellaneous City Council 10 US-council food workshop RAINBOW FOODS INC. Miscellaneous City Clerk 2,000 US-wellness program gift cards TARGET Employee Award Organizational Services 38 US-luncheon J Lotthammer SENSIBLE LAND USE COALITION Miscellaneous Parks Administration 311 US-council food workshop QDOBA MEXICAN GRILL Miscellaneous City Council 62 US-sunshine fund-B Carlston BACHMANS CREDIT DEPT Deposits Escrow 190 US-red cross fees AMERICAN RED CROSS Licenses,Permits,Taxes,Fees Pool Lessons 64 US-supplies TARGET Operating Supplies Pool Operations 128 US-staff training GINA MARIAS INC Operating Supplies Pool Operations 246 US-storage cart ADOLPH KIEFER&ASSOCIATES Operating Supplies Oak Point Operations 177 US-safety ed supplies LIFEGUARD STORE INC,THE Safety Supplies Pool Lessons 19 US-red cross fees AMERICAN RED CROSS Licenses,Permits,Taxes,Fees Pool Lessons 557 US-first aid supplies ZEE MEDICAL SERVICE Safety Supplies Pool Lessons 728 US-lifejackets for lessons LIFEGUARD STORE INC,THE Operating Supplies Pool Lessons 57 US-back board straps LIFEGUARD STORE INC,THE Safety Supplies Oak Point Operations 18 US-supplies WALMART COMMUNITY Operating Supplies Aquatics&Fitness Admin 29 US-supplies for camera FASTENAL COMPANY Repair&Maint.Supplies Storm Drainage 74 US-supplies NAPA AUTO PARTS Repair&Maint.Supplies Sewer System Maintenance 45 US-hose NAPA AUTO PARTS Lubricants&Additives Utility Operations-General 41 US-I&I MENARDS Small Tools Sewer System Maintenance 2 US-supplies MENARDS Repair&Maint.Supplies Sewer System Maintenance 28 US-tristram leak dinner SUBWAY Repair&Maint.Supplies Water System Maintenance 50 US-L Obiazor CC personal use US BANK Deposits Escrow 10 US-subscription GROUPON Dues&Subscriptions Recreation Admin 99 US-2014 splash time prizes WALGREEN'S#5080 Operating Supplies Special Initiatives 119 US-halloween decorations TURNSTYLE Operating Supplies Special Initiatives 61 US-halloween decorations TURNSTYLE Operating Supplies Special Initiatives 49 US-presentation at EPCC KOWALSKI'S MARKET Miscellaneous Recreation Admin 864 US-hazmat replacement NOR E FIRST RESPONSE Protective Clothing Fire 985 US-repair RAE SYSTEMS Repair&Maint.Supplies Fire 2 US-bolt MENARDS Repair&Maint.Supplies Storm Drainage 28 US-tools/supplies MENARDS Repair&Maint.Supplies Storm Drainage 8 US-café food HOLIDAY STATION STORES INC Merchandise for Resale Concessions 205 US-erosion control RI, HOME DEPOT CREDIT SERVICES Landscape Materials/Supp Round Lake 106 US-plant labels GEMPLERS Operating Supplies Park Maintenance 50 US-subscription FINE GARDENING Dues&Subscriptions Park Maintenance 36 us-Dispatch notary CROWN STAMP AND ENGRAVING CO Licenses,Permits,Taxes,Fees Police 43 US-supplies HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance 21 US-supplies HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance 15 US-supplies HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance 504 US-schools,tuition NATIONAL SAFETY COUNCIL Tuition Reimbursement/School Fire -260 US-refund ACT ITRS Conference/Training Fire Amount Explanation Vendor Account Description Business Unit 34 US-office supplies OFFICEMAX CREDIT PLAN Office Supplies Fire 284 US-operating supplies NORTHERN TOOL&EQUIPMENT Operating Supplies Fire 100 US-trng supplies HENNEPIN TECHNICAL COLLEGE Training Supplies Fire 28 US-trng supplies OFFICEMAX CREDIT PLAN Training Supplies Fire 165 US-fire 1 GB supplies NORTH SHORE COMMERCIAL DOOR Repair&Maint.Supplies Fire Station#1 174 US-CHR PL Supplies ADVANTAGE KITCHEN&BATH Repair&Maint.Supplies City Hall-Direct Costs 26 US-supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Sewer System Maintenance 24 US-supplies WALGREEN'S#5080 Operating Supplies Arts Center 47 US-art camp,water color paper MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 24 US-postage,return summer musi UNITED STATES POSTAL SERVICE Postage Summer Theatre 16 US-drawing paper for kids clas MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 46 US-pizza for staff meeting UMBRIA Operating Supplies Arts Center 130 US-royalties and scripts HEARTLAND PLAYS Operating Supplies Theatre Initiative 4 US-parking for meeting MINNEAPOLIS INSTITUTE OF ARTS, Mileage&Parking Arts Center 152 US-scripts,2014 winter theate DRAMATIC PUBLISHING Operating Supplies Winter Theatre 109 US-food permit-collections of HENNEPIN COUNTY TREASURER Operating Supplies Theatre Initiative 18 US-fit kids activities AMAZON.COM Operating Supplies Fit Kids Club 25 US-playcare activities AMAZON.COM Operating Supplies Day Care 148 US-playcare furniture game AMAZON.COM Operating Supplies Day Care 27 US-fit kids activities AMAZON.COM Operating Supplies Fit Kids Club 211 US-playcare activities AMAZON.COM Operating Supplies Day Care 88 US-playcare activities AMAZON.COM Operating Supplies Day Care 66 US-playcare activities AMAZON.COM Operating Supplies Day Care 19 US-training BRUEGGERS BAGEL Training Supplies Community Center Admin 51 US-playcare activities AMAZON.COM Operating Supplies Day Care 24 US-fence supplies-co rd 62 HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance 245 US-AWWA conf PAYPAL INC Conference/Training Water System Maintenance 34 US-critter food PETCO Operating Supplies Outdoor Center 39 US-critter food PETCO Operating Supplies Outdoor Center 16 US-critter food PETCO Operating Supplies Outdoor Center 10 US-operating supplies WALMART COMMUNITY Operating Supplies Outdoor Center 42 US-critter food PETCO Operating Supplies Outdoor Center 31 US-critter food PETCO Operating Supplies Outdoor Center 6 US-critter food CUB FOODS EDEN PRAIRIE Operating Supplies Outdoor Center 258 US-program trip food CUB FOODS EDEN PRAIRIE Program Trips Outdoor Center 13 US-program trips FEDEX Program Trips Outdoor Center 101 US-program trip food CUB FOODS EDEN PRAIRIE Program Trips Outdoor Center 24 US-tape measure MENARDS Operating Supplies Park Maintenance 343 US-NLC conf airfare DELTA AIR Travel Expense City Council 25 US-radio tower light sensor CRESENT ELECTRIC Equipment Repair&Maint Public Safety Communications 1,000 US-league champion gift cards GREEN MILL Awards Athletic Programs Admin 361 US-C Millard travel expense AMERICAN AIRLINES Tuition Reimbursement/School Police 10 US-training supplies MENARDS Operating Supplies Police 96 US-training supplies MENARDS Operating Supplies Police 279 US-L Vik training DELTA AIR Tuition Reimbursement/School Police 258 US-J Biggar training DELTA AIR Tuition Reimbursement/School Police 349 US-S Mitchell Training DELTA AIR Tuition Reimbursement/School Police 24 US-camps supplies DOLLAR TREE STORES,INC. Operating Supplies Day Camp 21 US-office supplies WALGREEN'S#5080 Operating Supplies Youth Programs Admin 6 US-playground supplies KOWALSKI'S MARKET Operating Supplies Playgrounds 275 US-wacky wed trip GRAND SLAM SPORTS&ENTERTAINM Special Event Fees Teen Programs Amount Explanation Vendor Account Description Business Unit 50 US-camps supplies WALMART COMMUNITY Operating Supplies Day Camp 56 US-staff recognition supplies BAUDVILLE Operating Supplies Youth Programs Admin 3 US-ice for program SUPER AMERICA Operating Supplies Youth Programs Admin 34 US-camps supplies WALMART COMMUNITY Operating Supplies Day Camp 44 US-pizza party DOMINO'S PIZZA Operating Supplies Youth Programs Admin 33 US-archery paper OFFICEMAX CREDIT PLAN Operating Supplies Lesson Skills Development 79 US-membership AMAZON.COM Operating Supplies Youth Programs Admin 8 US-archery supplies DOLLAR TREE STORES,INC. Operating Supplies Lesson Skills Development 80 US-safety camp gift card WALMART COMMUNITY Operating Supplies Safety Camp 11 US-parent appreciation-teen ca DOLLAR TREE STORES,INC. Operating Supplies New Adaptive 8 US-photos/teen camp TARGET Operating Supplies New Adaptive 161 US-staff appreciation FAMOUS DAVE'S Operating Supplies Day Camp 7 US-parent appreciation-teen ca RAINBOW FOODS INC. Operating Supplies New Adaptive 30 US-parent appreciation-teen ca JJ'S COFFEE COMPANY&WINE BAR Operating Supplies New Adaptive 34 US-adaptive teen camp outing BRUNSWICK BOWLING LANES Special Event Fees New Adaptive 13 US-parent appreciation-teen ca DONUT CONNECTION Operating Supplies New Adaptive 38 US-adaptive teen camp DAVANNI'S PIZZA Operating Supplies New Adaptive 54 US-club 204 supplies WALMART COMMUNITY Operating Supplies New Adaptive 40 US-quarterly music SCW FITNESS Licenses,Permits,Taxes,Fees Fitness Classes 250 US-license fee SCW FITNESS Licenses,Permits,Taxes,Fees Fitness Classes 14 US-vegetable oil for pumps WALGREEN'S#5080 Repair&Maint.Supplies Sewer Liftstation 22 US-crico oil for pumps WALGREEN'S#5080 Repair&Maint.Supplies Sewer Liftstation 51 US-supplies for pumps MENARDS Repair&Maint.Supplies Sewer Liftstation 89 US-supplies MENARDS Repair&Maint.Supplies Utility Operations-General 13 US-batteries for gas monitors SUPER AMERICA Repair&Maint.Supplies Sewer System Maintenance 10 US-sewer drain cap HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Sewer System Maintenance 51,597 Report Total CITY COUNCIL AGENDA DATE: SECTION: Ordinances &Resolutions October 15, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO. XI.A. Community Development: Resolution of Support for the 35W/I-494 Janet Jeremiah/David Lindahl Interchange Project Requested Action Move to: Adopt the resolution approving the submittal of portions of the I-35W/I-494 interchange improvement project for consideration by the state of Minnesota 2013 Corridors of Commerce program. Synopsis The I-494 Corridor Commission has asked its member cities to approve the enclosed resolution supporting the I-35W/I-494 interchange project and specifically the submittal of part of the project for funding through the Minnesota Department of Transportation's Corridors of Commerce Program. Background The I-494 Corridor Commission has a long history of supporting improvements to I-494 between 394 in Minnetonka to the Minnesota River in Bloomington. Most recently the Commission was instrumental in helping obtain funding for the I-494/169 interchange. The 35W/I-494 interchange has been overcapacity for many years and there have been few improvements to the interchange since it was constructed over 50 years ago. The project currently is not included in the State Transportation Improvement Program, though it is consistent with the Minnesota Go Vision, the guiding principles, and the objectives put forth in the Statewide Multimodal Transportation Plan. Attachments Resolution Letter to MnDOT Commissioner 1-494 CORRIDOR COMMISSION Reducin 1'r• at/Yc Congestion Bloomington • Eden Prairie • Edina • Minnetonka • Richfield October 9,2013 Charles A. Zelle Commissioner Minnesota Department of Transportation 395 John Ireland Boulevard St. Paul, MN 55155-1899 Dear Commissioner Zelle: The I-494 Corridor Commission strongly supports the I-35W/I-494 interchange improvement project for consideration by the State of Minnesota 2013 Corridors of Commerce program. The Corridor Commission believes the project meets the legislative goals for this program by providing additional highway capacity on segments where there are currently bottlenecks in the system and improving the movement of freight and reducing barriers to commerce. • • Metro Capacity—Over 500,000 vehicles travel through the interchange daily - The interchange is heavily congested for 4-5 hours per day - The accident rate is more than double the Metro average crash rate • Interregional Corridor Capacity-Interstate 35 connects states from Minnesota to Texas • Statewide Freight Bottlenecks—Connections to the Metro core,as well as throughout 494-694 - Both I-35W and I-494 are major freight corridors • IRC System Preservation—The I-35W/I-494 interchange will remain in the top busiest interchanges in the state There have been very few improvements to the interchange since it was constructed over 50 years ago. The I-35W/I-494 interchange improvement project is not included in the State Transportation Improvement Program,though it is consistent with the Minnesota Go Vision,the guiding principles, and the objectives put forth in the Statewide Multimodal Transportation Plan. The 1-494 Corridor Commission supports the submittal and funding for the I-35W/I-494 interchange improvement project to the maximum extent possible as a project for the 2013 Corridors of Commerce program. Respectfully, dAho Chair, I-494 Corridor Commission 5701 Normandale Road, Suite 322 • Edina, MN 55424 • 952-848-4947 • www.494corridor.org RESOLUTION NO. 2013- 1 RESOLUTION APPROVING THE SUBMITTAL OF PORTIONS OF THE I-35W/I-494 INTERCHANGE IMPROVEMENT PROJECT FOR CONSIDERATION BY THE STATE OF MINNESOTA 2013 CORRIDORS OF COMMERCE PROGRAM WHEREAS, the I-494 Corridor Commission supports the funding, building, operating, and maintaining of a robust multimodal transportation system that reduces congestion, improves safety, and enables the metropolitan area, and the State of Minnesota to better compete with the other areas of the United States and the world; and WHEREAS, the Minnesota Legislature created the Corridors of Commerce program by authorizing the sale of up to $300 million in new bonds for the construction, reconstruction, and improvement of trunk highways via the 2013 Session Law, Chapter 117; and WHEREAS, the Corridors of Commerce program establishes two major goals: (1) to provide additional highway capacity on segments where there are currently bottlenecks in the transportation system, and (2) to improve the movement of freight and reduce barriers of commerce; and WHEREAS, the I-35W/I-494 interchange improvement project is not currently included in the State Transportation Improvement Program; WHEREAS, the I-35W/I-494 interchange improvement project is consistent with the Minnesota Go Vision, the guiding principles, and the objectives put forth in the Statewide Multimodal Transportation Plan. NOW, THEREFORE, BE IT RESOLVED, that the 1-494 Corridor Commission supports the submittal and funding for the I-35W/I-494 interchange improvement project to the maximum extent possible as a project for the 2013 Corridors of Commerce program. Passed and adopted this 9 day of October 2013. it of th - 4 Corridor Commission ATTEST: Secretary to the I-494 Corridor Commission CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2013- RESOLUTION APPROVING SUBMITTAL OF PORTIONS OF THE I-35W/I-494 INTERCHANGE IMPROVEMENT PROJECT FOR CONSIDERATION BY THE STATE OF MINNESOTA 2013 CORRIDORS OF COMMERCE PROGRAM WHEREAS, the City of Eden Prairie supports the funding,building, operating and maintaining of robust multimodal transportation system that reduces congestion, improves safety, and enables the metropolitan area, and the State of Minnesota to better compete with the other areas of the United States and the world; and WHEREAS, the Minnesota Legislature created the Corridors of Commerce program by authorizing the sale of up to $300 million in new bonds for the construction, reconstruction, and improvement of trunk highways via the 2013 Session Law, Chapter 117; and WHEREAS, the Corridors of Commerce program establishes two major goals: 1) to provide additional highway capacity on segments where there are currently bottlenecks in the transportation system, and 2)to improve the movement of freight and reduce the barriers of commerce; and WHEREAS, the I-35W/I-494 interchange improvement project is not currently included in the State Transportation Improvement Program; and WHEREAS, the I-35W/I-494 interchange improvement project is consistent with the Minnesota Go Vision, the guiding principles and objectives put forth in the Statewide Multimodal Transportation Plan. NOW, THEREFORE, BE IT RESOLVED that the City of Eden Prairie supports the submittal and funding for the I-35W/I-494 interchange improvement project to the maximum extent possible as a project for the 2013 Corridors of Commerce program. ADOPTED by the City Council of the City of Eden Prairie this 15th day of October, 2013. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Report of the Community Development Director October 15, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO. XIV.C.1. Community Development: Ace Daycare 8098 Glen Lane—Assignment Janet Jeremiah/David Lindahl of Lease Requested Action Move to: Approve lease assignment between the City of Eden Prairie and Lighthouse Daycare for the City owned property located at 8098 Glen Lane. Synopsis The current tenants, Ace Daycare, are selling their business to Roda Farah Mohamed of Lighthouse Daycare. Ms. Mohamed is an Eden Prairie resident and most recently was the assistant director for two years at Baraka Child Care Center, 1910 Chicago Ave South. Minneapolis. The current lease requires the City to approve an assignment which is enclosed. The current rent of $14 per square foot or $66,500 annually and all other terms of the existing lease will be maintained and the new tenant has paid rent for October. The lease is scheduled to expire in September 2015 at which time the City will have the opportunity to renew the lease. The City also has the option of selling the property at anytime provide it gives the tenant 365 days notice. According to the current owners, over the last three years the daycare has been very successful and they have always paid their rent on time. Background The City acquired 8098 Glen Lane property on March 1, 2010, as part of a taking for the Singletree Lane road expansion. What remains after the road taking is a 4,750 square foot building on a 26,615 square foot site. The City Council initially instructed staff to sell the remaining property but on June 15th decided to try to lease it until a suitable redevelopment proposal emerges that is consistent with the City's Town Center plans. Attachments Assignment Existing Lease ASSIGNMENT AND ASSUMPTION OF LEASE THIS ASSIGNMENT AND ASSUMPTION OF LEASE (this "Assignment") is by and between Ace DayCare Center, Inc., a Minnesota corporation ("Assignor") and , a ("Assignee"). RECITALS WHEREAS, as of the date hereof, Assignor and Assignee have each executed and delivered a certain Asset Purchase Agreement("APA"); and WHEREAS, pursuant to the APA, Assignor has agreed to assign, and Assignee has agreed to assume, that certain Lease Agreement dated as of September 7, 2010, by and between the Landlord identified below, as Lessor, and Assignor, as Lessee, a copy of which Lease Agreement is attached hereto as Exhibit A (the "Lease"). NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor and Assignee hereby agree as follows: AGREEMENTS 1. Assignment and Assumption. Subject to the terms and conditions of this Assignment, Assignor does hereby ASSIGN AND TRANSFER unto Assignee, and Assignee does hereby assume and accept the assignment of, all of Assignor's right, title and interest in and to, and obligations under, the Lease. (a) The monthly base rent payable under the Lease is hereby confirmed to be $5,541.67; rent is paid current through October 31, 2013; and the current deposit in the amount of $5,541.67 will be held by Landlord. Assignee hereby agrees to reimburse Assignor for the Security Deposit by making a cash payment in the amount of$5,541.67 to Assignor on or before the expiration of three (3) days from the date of the last signature to the Consent Agreement by and between Assignor, Assignee and Landlord, as identified below. (b) Except as modified hereunder, the Lease terms remain in full force and effect. 2. Successors and Assigns. All of the provisions hereof shall inure to the benefit of and be binding upon the respective heirs, successors and assigns of Assignor and Assignee. 3. Counterparts. This Assignment may be executed in any number of counterparts, and each counterpart hereof shall be deemed to be an original instrument, but all such counterparts shall constitute but one and the same assignment. 4. Further Assurances. Each of the Assignor and the Assignee shall execute, acknowledge, and deliver to each other such further instruments, and take such other actions, as may be reasonably necessary to carry out the provisions of this Assignment. IN WITNESS WHEREOF, Assignor and Assignee have executed this Assignment effective as of this day of , 2013 (the "Effective Date"). Assignor: Ace DayCare Center, Inc. By: Assignee: By: ACKNOWLEDGMENT BY LANDLORD City of Eden Prairie, as Landlord under the Lease, does hereby acknowledge and agree to: (i) The assignment of the Lease by Assignor and assumption by Assignee with respect to the Lease pursuant to this Assignment as of the Effective Date, on and subject to the terms and conditions of this Assignment and subject to Assignee obtaining within 90 days from the date hereof a license from the Department of Human Services to operate the premises as a children's day care. In the event the Assignee does not obtain a license to operate a children's day care at the premises, the City may, not withstanding any other term in the Lease, give notice of termination of the Lease and the Lease shall automatically terminate upon such notice. If the City terminates the Lease pursuant to this paragraph, the Security Deposit is non-refundable to both the tenant and the Assignee and the City is entitled to keep the entire Security Deposit. (ii) The City hereby ratifies and confirms the Lease, as assigned pursuant to the above Assignment and Assumption, as valid and continuing in full force and effect on and subject to all of the terms of the Lease, the Assignment and Assumption and this Acknowledgment by Landlord. 2 Assignee: By: City of Eden Prairie By: Its Mayor By: Its City Manager Date: October 15, 2013 3 EXHIBIT A Copy of Lease [Attached Following This Page] LEASE Landlord City of Eden Prairie Tenant Ace Daycare Center, Inc . TABLE OF CONTENTS ARTICLE PAGE REFERENCE PAGE i 1 . TERM 2 2 . RENT • 3 3 . AS IS CONDITION 5 4 . ADDITIONAL RENT 5 5 . USE OF PREMISES ; TENANT COVENANTS 5 6 . ALTERATIONS • • 7 7 . REPAIR 7 8 . LIENS • 8 9 . ASSIGNMENT AND SUBLETTING 9 10 . INDEMNIFICATION . 10 11 . INSURANCE 11 12 . SERVICES AND UTILITIES 14 13 . HOLDING OVER 14 14. SUBORDINATION 14 15 . REENTRY BY LANDLORD 15 16 . DEFAULT 15 17 . REMEDIES 16 18 . 'TENANT' S BANKRUPTCYOR INSOLVENCY 20 19 . QUIET ENJOYMENT 21 20 . DAMAGE BY FIRE, ETC 21 21 . EMINENT DOMAIN 23 22 . SALE BY LANDLORD 24 23 . ESTOPPEL CERTIFICATES 24 24. SURRENDER OF PREMISES 24 25 . NOTICES 25 26 . TAXES PAYABLE BY 'TENANT 26 27 . DEFINED TERMS AND HEADINGS 26 28 . 'TENANT' S AUTHORITY . 27 29 . TIME AND APPLICABLE LAW 27 30 . SUCCESSORS AND ASSIGNS 27 31 . ENTIRE AGREEMENT 27 32 . EXAMINATION NOT OPTION 28 33 . RECORDATION 28 34. LIMITATION OF LIABILITY 28 35 . DATA PRACTICES ACT 28 36 . AUDITS . 28 37 . WORKER' S COMPENSATION 28 38 . DISCRIMINATION 29 39 . CONFLICTS 29 40 . LIMITATION OF REMEDIES 29 41 . LICENSURE 29 EXHIBIT A EXHIBIT B 8098 GLEN LANE LEASE REFERENCE PAGE PREMISES : 8098 Glen Lane Eden Prairie, Minnesota 55344 LANDLORD City of Eden Prairie LANDLORD ' S ADDRESS : 8080 Mitchell Road Eden Prairie, Minnesota 55344 Attn: Economic Development Manager Telephone 952-949- 8300 Federal Tax I.D . # 41 -0855460 TENANT : Ace DayCare Center, Inc . TENANT' S ADDRESS : 10259 Lee Drive Eden Prairie, MN 55347 Att: Mohamed Arab Telephone 612- 871 -4816 Federal Tax I.D . # BUILDING AREA: Approximately 4,750 square feet USE: Daycare center TENANT' S TRADE NAMES : Ace DayCare Center LEASE EXECUTION DATE September 7, 2010 COMMENCEMENT DATE: September 8 , 2010 TERMINATION DATE : September 30 , 2015 TERM OF LEASE : Approximately 5 years, Beginning on the Lease Commencement Date and ending on the Termination Date (unless sooner terminated pursuant to the Lease) RENEWAL TERM: Lease is subject to two (2) five (5)-year renewal Terms, which may be exercised pursuant to the Lease . 111 INITIAL ANNUAL RENT : $ 44,333 . 36 (First 12 months) INITIAL MONTHLY INSTALLMENT OF ANNUAL RENT • $ 5 , 541 . E 7 SECURITY DEPOSIT: $ 11 ,083 .34 ASSIGNMENT/SUBLETTING FEE : None The Reference Page information is incorporated into and made a part of the Lease. In the event of any conflict between any Reference Page information and the Lease, the Lease shall control. This Lease includes Exhibits A and B , both of which are made a part of this Lease . LANDLO ' ► TENANT : CITY O • i . PRAIRIE ACE DAYCARE CENTER, INC . By: By: 1 , - tCdro, 44ktel If Youn Its 1ayor Its : D1rE'_ A © r cat H. 7 al, t : i anager By: M Its : Rest 14/ ,,,,,wireir Dated: 9/'r4 0/' () f Dated: pg /e 7 // p iv LEASE By this Lease Landlord leases to Tenant and Tenant leases from Landlord the Premises as set forth and described on the Reference Page. The Reference Page, including all terms defined thereon, is incorporated as part of this Lease. 1 . TERM. 1 . 1 Landlord shall tender possession of the Premises on September 18 , 2010 ("Lease Commencement Date")and the term of this Lease shall begin on said date. 1 .2 This Lease shall have a term of approximately five (5) years, beginning on September 18 , 2010 and ending on September 30, 2015 ("Termination Date") . 1 . 3 Subject to the terms provided herein, and provided Tenant is not in default as provided in this Lease, Tenant shall have two (2) options to extend the term of this Lease for a period of five (5) years ("First Option Term" and "Second Option Term," or collectively "Option Terms") immediately following the initial term ("Options") . The Options granted to Tenant in this Lease are personal to the original Tenant and may be exercised only by the original Tenant while occupying the Premises, who does so without the intent of thereafter assigning this Lease or subletting the Premises or any portion thereof, and may not be exercised or be assigned, voluntarily or involuntarily, by or to any person or entity other than Tenant. The Options herein granted to Tenant are not assignable separate and apart from this Lease, nor may the Options be separated from this Lease in any manner, whether by reservation or otherwise. 1 . 3 . 1 The First Option Term shall be exercised, if at all, by written notice delivered by Tenant to Landlord not later than six (6) months prior to the end of the initial term of this Lease. Provided Tenant has properly and timely exercised the First Option, the initial . term of this Lease shall be extended by the First Option Term, and all terms, covenants and conditions of the Lease shall remain unmodified and in full force and effect, except for the Rent, which shall be adjusted pursuant to Paragraph 2 . 3 below. 1 . 3 .2 The Second Option Term shall be exercised, if at all, by written request delivered by Tenant to Landlord not later than six (6) months prior to the end of the First Option Term of this Lease . In the event that Tenant delivers a request to exercise the Second Option Term, Landlord shall have ninety (90) days to reject the Second Option Term by written notice to the Tenant. Provided Tenant has properly and timely exercised the Second Option and the Landlord has not exercised its right to reject the v Second Option Term, the term of this Lease shall be extended by the Second Option Term, and all terms, covenants and conditions of the Lease shall remain unmodified and in full force and effect, except for the Rent, which shall be adjusted pursuant to Paragraph 2 . 3 below. 1 .4 Termination Upon Sale of Premises by Landlord. Landlord hereby reserves the right at any time during the Lease Term, including during any Option Term, to sell the Premises to a third party. Landlord shall provide Tenant with Three Hundred and Sixty-Five (365) days notice of Landlord' s intent to sell the Premises . Upon the closing of a sale of the Premises by Landlord, this Lease shall terminate Three Hundred and Sixty-Five (365) days following the date of Landlord' s notice to Tenant of Landlord' s intent to sell the Premises . After receiving notice of Landlord' s intent to sell the Premises, Tenant shall have the option upon thirty (30) days prior written notice to Landlord of terminating this Lease at any point before Three Hundred and Sixty-Five (365 ) days have passed and may do so upon giving written notice to Landlord. 2. RENT AND SECURITY DEPOSIT. 2 . 1 Security Deposit. Upon execution of this Lease by both parties, Tenant shall tender to Landlord the Security Deposit of $ 11 ,083 . 34 . If Tenant does not exercise its right to terminate this Lease pursuant to paragraph. 41 hereof, the amount of $5 , 541 . 67 shall be applied by Landlord as a credit toward payment of the rent due for month five (5) of the Lease term. Notwithstanding anything else contained herein, if Tenant terminates pursuant this Lease to paragraph 41 hereof the Security Deposit is non-refundable to Tenant and Landlord is entitled to keep the entire Security Deposit. 2 .2 . Tenant agrees to pay to Landlord the Annual Rent as provided in Section 2 .2, by paying the Monthly installment of Rent then in effect on or before the first day of each full calendar month during the Term, except that the first month' s payable rent shall be paid upon the execution of this Lease . The Monthly Installment of Rent in effect at any time shall be one-twelfth of the Annual Rent in effect at such time. Rent for any period during the Term which is less than a full month shall be a prorated portion of the Monthly Installment of Rent based upon a thirty (30) day month. Said rent shall be paid to Landlord, without deduction or offset and without notice or demand, at tile Landlord' s address, as set forth on the Reference Page, or to such other person or at such other place as Landlord may from time to time designate in writing. 2 . 3 . The Annual Rent for this lease shall be as follows : Rent Per Square Months Foot Per Year Monthly Rent Annual Rent 1 -4+* $ 0 . 00 $ 0 . 00 2 5 - 12 * * $ 14 . 00 $ 5 , 541 . 67 $ 44,333 . 36 13 -60 $ 14 . 00 $ 5 ,541 . 67 $ 66 ,500 . 00 * Months 1 -4+ include September 8 , 2010 to January 31 , 2011 . * * Tenant' s Monthly Rent payments shall commence on February 1 , 2011 . 2 .4 If Tenant exercises its options to extend he Lease pursuant to Section 1 . 3 above, the Annual Rent for each year during the Option Terms shall be as follows : such Annual Rent payable each year shall be the product calculated by multiplying the Annual Rent for the preceding year by a fraction, the numerator of which is the Consumer Price Index for the month that is three (3) months preceding the first day of the Year of this Lease for which the Annual Base Rent is being calculated and the denominator of which is the Consumer Price Index that is fifteen ( 15) months preceding the first day of the Year of this Lease for which the Annual Base Rent is being calculated; provided, however, that in no event shall the Annual Rent for any year be less than the Annual Rent for the immediately preceding year. Annual Rent during the Option Terms shall be payable in monthly installments . As used herein, the term " Consumer Price Index" shall mean Consumer Price Index for All Urban Consumers (CPI-U) for the U. S . City Average for All Items, 1982-84= 100, or the successor of that Index, as published by the Bureau of Labor Statistics, U. S . Department of Labor. Should Landlord lack sufficient data to make the proper determination on the date of any adjustment, Tenant shall continue to pay the monthly rent payable immediately prior to the adjustment date. As soon as Landlord obtains the necessary data, Landlord shall determine the rent payable from and after such adjustment date and shall notify Tenant of the adjustment in writing. Should the monthly rent for the period following the adjustment date exceed the amount previously paid by Tenant for that period, Tenant shall forthwith pay the difference to Landlord. Should the Consumer Price Index as above described cease to be published, a reasonably comparable successor index shall be selected by Landlord. If Tenant objects to the successor index, the dispute will be resolved and a successor index designated by arbitration pursuant to the rules and procedures of the American Arbitration Association. 2 . 5 . Tenant recognizes that late payment of any rent or other sum due under this Lease will result in administrative expense to Landlord, the extent of which additional expense is extremely difficult and economically impractical to ascertain . Tenant therefore agrees that if rent or any other sum is not paid within ten ( 10) days of its due date and payable pursuant to this Lease, a late charge shall be imposed in an amount equal to the greater of (a) Fifty Dollars ($ 50 . 00), or (b) a sum equal to five percent (5 %) per month of the unpaid rent or other payment. The amount of the late charge to be paid by Tenant shall be reassessed and added to Tenant' s obligation for each successive monthly period until paid. The provisions of this Section 2 .4 in no way relieve Tenant of the obligation to pay rent or other 3 payments on or before the date on which they are due, nor do the terms of this Section 2 .4 in any way affect Landlord's remedies pursuant to Article 17 of this Lease in the event said rent or other payment is unpaid after date due. 3 . ACCEPTANCE OF PREMISES AS IS . Landlord shall deliver and Tenant shall accept the Premises in "AS IS" condition and Landlord shall not be obligated to do any work in or upon the Premises. 4 . ADDITIONAL RENT Any money or sums, other than Annual Rent, due under this Lease shall be considered additional rent and be due with the next Monthly Installment of Rent, unless otherwise indicated in this Lease. 5 . USE OF PREMISES ; TENANT COVENANTS . 5 . 1 . Tenant shall in good faith continuously throughout the Term of this lease conduct and carry on in the entire Premises under Tenant' s Trade Names the type of business described on the Reference Page and shall not conduct or carry on any other business without the prior express written consent of Landlord. 5 .2 . Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises and its occupancy and shall promptly comply with all governmental orders and directions for the correction, prevention and abatement of any violations in or upon, or in connection with, the Premises, all at Tenant' s sole expense. 5 . 3 . Tenant shall operate its business in a dignified manner and in accordance with high standards of a store operation and shall, at all times when the Premises are open for business to the public, keep the Premises properly equipped with fixtures, and attended by adequate personnel. 5 .4 . Tenant agrees to comply with and observe the rules and regulations shown on Exhibit B . Tenant' s failure to keep and observe said rules and regulations shall constitute a breach of the terms of this Lease as if the same were contained herein as covenants following the notice and/or cure periods set forth in Section 16 . 1 .2 hereof. Landlord reserves the right from time to time to amend or supplement said rules and regulations. Notice of such amendments and supplements shall be given to Tenant and Tenant agrees to comply with and observe all such rules and regulations, as revised, to the extent the amendments and supplements are not inconsistent with the rules contained in Exhibit B or any other provision of this Lease . 4 5 . 5 . Tenant shall at all times herein maintain the Premises . Tenant' s maintenance obligations shall include, but are not limited to, lawn care, snow plowing, snow shoveling, garbage removed, cleaning, upkeep, and other similar obligations . In the event that Tenant fails to adequately maintain the Premises, Landlord reserves the right to perform any and all maintenance on the Premises. In the event that Landlord performs any such maintenance, Tenant shall reimburse Landlord upon demand, as additional rent, for any and all costs incurred by Landlord as a result of performing said maintenance with its next installment of rent due pursuant to this Lease. 5 . 6. Tenant shall not, and shall not direct, suffer or permit any of its agents, contractors, employees, licensees or invitees to at any time handle, use, manufacture, store or dispose of in or about the Premises any (collectively "Hazardous Materials") flammables, explosives, radioactive materials, hazardous wastes or materials, toxic wastes or materials, or other similar substances, petroleum products or derivatives or any substance subject to regulation by or under any federal, state and local laws and ordinances relating to the protection of the environment or the keeping, use or disposition of environmentally hazardous materials, substances, or wastes, presently in effect or hereafter adopted, all amendments to any of them, and all rules and regulations issued pursuant to any of such laws or ordinances (collectively "Environmental Laws"), nor shall Tenant suffer or permit any Hazardous Materials to be used in any manner not fully in compliance with all Environmental Laws, in the Premises and appurtenant land or allow the Premises to become contaminated with any Hazardous Materials . Notwithstanding the foregoing, Tenant may handle, store, use or dispose of products containing small quantities of Hazardous Materials (such as aerosol cans containing insecticides, toner for copiers, paints, paint remover and the like) to the extent customary and necessary for the use of the Premises for the purposes of a daycare center office purposes; provided that Tenant shall always handle, store, use, and dispose of any such Hazardous Materials in a safe and lawful manner and never allow such Hazardous Materials to contaminate the Premises and appurtenant land or the environment. Tenant shall protect, defend, indemnify and hold the Landlord harmless from and against any and all loss, claims, liability or costs (including court costs and attorney' s fees) incurred by reason of any actual or asserted failure of Tenant to fully comply with all applicable Environmental Laws, or the presence, handling, use or disposition in or from the Premises of any Hazardous Materials (even though permissible under all applicable Environmental Laws or the provisions of this Lease), or by reason of any actual or asserted failure of Tenant to keep, observe, or perform any provision of this Section 5 . 6 . 5 . 7 . Any signs used on the . Premises shall comply with the Eden Prairie City Code then in effect and must be approved by the City of Eden Prairie. 5 . 8 . Tenant shall not allow any smoking, or other use of tobacco products, by Tenant or any guest, invitee, or other person on the Premises, in any building located on the Premises . 5 6 . AL IERATIONS . 6 . 1 . Tenant shall not make or suffer to be made any alterations or improvements, including but not limited to, the attachment of any fixtures or equipment in, on, or to the Premises or any part thereof without prior written consent of Landlord. 6 .2 . All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord, including but not limited to, waivers of liens and surety company performance bonds, as Landlord shall require to assure payment of the costs thereof and to protect Landlord and the Premises and appurtenant land against any loss from any mechanic ' s, materialmen' s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in Taxes (as defined in Section 26 . 1 . 1 ) directly attributed to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable ; said sums shall be paid in the same way as sums due under Article 4 . 6 . 3 . All alterations, additions, and improvements, including furniture, furnishings, movable partitions, and other trade fixtures in, on, or to the Premises made or installed by Tenant, including carpeting, shall be and remain the property of Tenant during the Term. This shall include any outdoor equipment installed by Tenant. Everything else on the Premises shall become a part of the realty and belong to Landlord without compensation to Tenant upon the expiration or sooner termination of the Term, at which time .. title shall pass to Landlord under this Lease as by a bill of sale, unless Landlord elects otherwise . Upon such election by Landlord, Tenant shall upon demand by Landlord, at Tenant' s sole cost and expense, forthwith and with all due diligence remove any such alterations, additions or improvements which are designated by Landlord to be removed, and Tenant shall forthwith and with all due diligence, at its sole cost and expense, repair and restore the Premises to their original condition, reasonable wear and tear and damage by fire or other casualty excepted. 7 . REPAIRS . 7 . 1 . • Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises, except as specified in this Lease. It is hereby understood and agreed that no representations respecting the condition of the Premises have been made by Landlord to Tenant, except as specifically set forth in this Lease . Landlord shall not be liable for any failure to make any repairs or to perform any 6 maintenance unless such failure shall persist for forty-eight (48) hours after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. If the repair cannot be completed within forty-eight (48) hours, Landlord shall not be liable for the failure to complete the repair so long as Landlord has begun repair and is using its best efforts to complete the repair. 7 .2 . Tenant shall, at all times during the Term, keep the Premises in good condition and repair, including windows, glass and plate glass, doors, skylights and special store entries, interior walls and finish work, floors and floor coverings, electrical systems and fixtures, plumbing work and fixtures and heating, ventilating and air conditioning equipment, fire supression system, fire and/ or burglar alarm system, excepting damage by fire, or other casualty, and in compliance with all applicable governmental laws, ordinances and regulations, promptly complying with all governmental orders and directives for the correction, prevention and abatement of any violations or nuisances in or upon, or connected with, the Premises, all at Tenant' s sole expense. Tenant shall, at its own cost and expense, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor approved by Landlord for servicing all heating and air conditioning systems, fire suppression system, fire and/or burglar alarm system and equipment serving the Premises (and a copy thereof shall be furnished to Landlord) .Tenant shall at its own cost and expense be responsible to enter into monitoring contracts with private monitoring service providers for fire and/or burglar alarm system and equipment serving the Premises . The service contract must include all services suggested by the equipment manufacturer in the operation/maintenance manual and must become effective within thirty (30) days of the date Tenant takes possession of the Premises . Landlord may, upon notice to Tenant, enter into such a maintenance/service contract on behalf of Tenant or perform the work and in either case, charge Tenant the cost thereof along with a reasonable amount for Landlord' s overhead. In the event that Tenant fails to adequately repair or maintain the Premises, Landlord reserves the right to perform any and all repairs or maintenance on the Premises . In the event that Landlord performs any such repairs or maintenance, Tenant shall reimburse Landlord upon demand, as additional rent, for any and all costs incurred by Landlord as a result of performing said repairs or maintenance with its next installment of rent due pursuant to this Lease following submission to Tenant of an invoice thereof and reasonable documentation relating thereto . 7 . 3 Tenant shall, at all times during the Term, perform all on-going maintenance of the grounds of the Premises, including lawn care, snow plowing, and snow shoveling. Landlord may, upon notice to Tenant, enter into such a maintenance/service contract on behalf of Tenant or perform the work and in either case, charge Tenant the cost thereof along with a reasonable amount for Landlord' s overhead, as well as for exterior painting and major exterior repairs including the roof. 7 8 . LIENS . Tenant shall keep the Premises and appurtenant land and Tenant' s leasehold interest in the Premises free from any liens arising out of any services, work or materials performed, furnished, or contracted for by Tenant, or obligations incurred by Tenant. In the event that Tenant shall not, within ten ( 10) days following the imposition of any such lien, either cause the same to be released of record or provide Landlord with insurance against the same issued by a major title insurance company or such other protection against the same as Landlord shall accept, Landlord shall have the right to cause the same to be released by such means as it shall deem proper, including payment of the claim giving rise to such lien. All such sums paid by Landlord and all expenses incurred by it in connection therewith shall be considered additional rent and shall be payable to it by Tenant on demand. 9 . ASSIGNMENT AND SUBLETTING. 9 . 1 . Tenant shall not have the right to assign or pledge this Lease or to sublet the whole or any part of the Premises whether voluntarily or by operation of law, or permit the use or occupancy of the Premises by anyone other than Tenant, and shall not make, suffer or permit such assignment, subleasing or occupancy, without the prior written consent of Landlord. Said restrictions shall be binding upon any and all assignees of the Lease and subtenants of the Premises . In the event Tenant desires to sublet, or permit such occupancy of, the Premises, or any portion thereof, or assign this Lease, Tenant shall give written notice thereof to Landlord at least ninety (90) days but no more than one hundred eighty ( 180) days prior to the proposed commencement date of such subletting or assignment, which notice shall set forth the name of the proposed subtenant or assignee, the relevant terms of any sublease or assignment and copies of fmancial reports and other relevant financial reports and other relevant financial information of the proposed subtenant or assignee. 9 .2 . Notwithstanding any assignment or subletting, permitted or otherwise, Tenant shall at all times remain directly, primarily and fully responsible and liable for the payment of the rent specified in this Lease and for compliance with all of its other obligations under the terms, provisions and covenants of this Lease. Upon the occurrence of an Event of Default, if the Premises or any part of them are then assigned or sublet, Landlord, in addition to any other remedies provided in this Lease or provided by law, may, at its option, collect directly from such assignee or subtenant all rents due and becoming due to Tenant under such assignment or sublease and apply such rent against any sums due to Landlord from Tenant under this Lease, and no such collection shall be construed to constitute a release of Tenant from the further performance of Tenant' s obligations under this Lease. 9 . 3 . In addition to Landlord ' s right to approve of any subtenant or assignee, Landlord shall have the option, in its sole discretion, in the event of any proposed subletting or assignment, to terminate this Lease, or in the case of . a proposed subletting of 8 less than the entire Premises, to recapture the portion of the Premises to be sublet, as of the date the subletting or assignment is to be effective . The option shall be exercised, if at all, by Landlord giving Tenant written notice within thirty (30) days following Landlord' s receipt of Tenant' s written notice as required above. If this Lease shall be terminated with respect to the entire Premises pursuant to this Section, the Term of this Lease shall end on the date stated in Tenant' s notice as the effective date of the sublease or assignment as if that date had been originally fixed in this Lease for the expiration of the Term. If Landlord recaptures under this Section only a portion of the Premises, the rent to be paid from time to time during the unexpired Terns shall abate proportionately based on the proportion by which the approximate square footage of the remaining portion of the Premises shall be less than that of the Premises as of the date immediately prior to such recapture. 9 .4 . In the event that Tenant sells, sublets, assigns, or transfers this Lease and the amount of rent and/or additional rent paid pursuant to the sale, sublease, assignment, or transfer is greater than the amount of the rent and additional rent payable under this Lease, Landlord shall have the right to terminate this Lease as of the effective date of the sale, sublease, assignment, or transfer and enter a new lease with the purchaser, sublessor, assignee, or transferee under the same terms and conditions as the sale, sublease, assignment, or transfer. Such termination shall release Tenant from any and all liability under this Lease. 9 . 5 . Notwithstanding any other provision hereof, Tenant shall have no right to make (and Landlord shall have the absolute right to refuse consent to) any assignment of this Lease or sublease of any portion of the Premises if at the time of either Tenant' s notice of the proposed assignment or sublease or the proposed commencement date thereof, there shall exist any uncured default of Tenant or matter which will become a default of Tenant with passage of time unless cured, or if the proposed assignee or sublessee is an entity: (a) which Landlord is already in negotiation as evidenced by the issuance of a written proposal; (b) is incompatible with the character of occupancy of the Premises ; or (c) would subject the Premises to a use which would: (i) involve increased personnel or wear upon the Premises ; (ii) require any addition to or modification of the Premises or the Premises in order to comply with building code or other governmental requirements ; or, (iii) involve violation of Section 5 . 6 . Tenant expressly agrees that Landlord shall have the absolute right to refuse consent to any such assignment or sublease and that for the purposes of any statutory or other requirement of reasonableness on the part of Landlord such refusal shall be reasonable. 10 . INDEMNIFICATION . The Landlord shall not be liable and Tenant hereby waives , all claims against Landlord for any damage to any property or any injury to any person in or about the Premises by or 9 from any cause whatsoever (including without limiting the foregoing, rain or water leakage of any character from the roof, windows, walls, basement, pipes, plumbing works or appliances, the Premises not being in good condition or repair, gas, fire, oil, electricity or theft) , except to the extent caused by or arising from the negligence or intentional act of Landlord or its agents, employees or contractors . Tenant shall protect, indemnify and hold the Landlord harmless from and against any and all loss, claims, liability or costs (including court costs and attorney' s fees) incurred by reason of (a) any damage to any property (including but not limited to property of Landlord) or any injury (including but not limited to death) to any person occurring in, on or about the Premises to the extent that such injury or damage shall be caused by or arise from any act, neglect, fault, or omission by or of Tenant, its agents, servants, employees, invitees, or visitors to meet any standards imposed by any duty with respect to the injury or damage; (b) the conduct or management of any work or thing whatsoever done by the Tenant in or about the Premises or from transactions of the Tenant concerning the Premises ; (c) Tenant' s failure to comply with any and all govenmental laws, ordinances and regulations applicable to the condition or use of the Premises or its occupancy; or (d) any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of the Tenant to be performed pursuant to this Lease. The provisions of this Article shall survive the termination of this Lease with respect to any claims or liability accruing prior to such termination. 11 . INSURANCE . 11 . 1 . Tenant shall keep in force throughout the Term at Tenant' s expense : Worker' s Compensation Statutory Limits Employer' s Liability $ 500,000 each accident $ 500,000 disease policy limit $ 500,000 disease each employee Comprehensive Liability $ 1 ,000,000 property damage per occurrence $2,000,000 general aggregate $2,000,000 Products — Completed Operations Aggregate $ 100,000 fire legal liability each occurrence $ 5 ,000 medical expense Comprehensive Automobile Liability $ 1 ,000 ,000 combined single Emit (shall include coverage for all owned, hired and non-owed vehicles . Umbrella or Excess Liability $2,000 , 000 10 All Risk or Special Form coverage protecting Tenant against loss of or damage to Tenant' s alterations, additions, improvements, carpeting, floor coverings, panelings, decorations, fixtures, inventory, plate glass and other business personal property situated in or about the Premises to the full replacement value of the property so insured; and, . Business Interruption Insurance with limit of liability representing loss of at least approximately six months of income. 11 .2 Comprehensive General/Commercial General Liability policies 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 . Personal injury with Employment Exclusion (if any) deleted. c . Broad Form CG0001 0196 Contractual Liability coverage or its equivalent. d. Broad Form Property Damage coverage, including completed operations, or its equivalent. e. Additional Insured Endorsement(s) on ISO form CG 2010, or its equivalent, naming "the City of Eden Prairie." f. Severability of Insureds provision. 11 . 3 Tenant shall maintain in effect all insurance coverages required under this Paragraph at Tenant' 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 Landlord in writing. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: a. All polices shall be written on an "occurrence" form ("claims made" and "modified occurrence" forms are not acceptable) ; b . All policies, except the Worker' s Compensation Policies, shall contain a waiver of subrogation naming "the City of Eden Prairie" ; c . All policies, except the Worker' s Compensation Policies, shall name "the City of Eden Prairie" as an additional insured; 11 d. All policies, except the Worker' s Compensation Policies, shall insure the defense and indemnity obligations assumed by Tenant under this Agreement; and e. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed or restrictive modifications added, without thirty (30) days prior written notice to the Landlord. A copy of the Tenant' s Certificate of Insurance which evidences the compliance with this Section 11 must be filed with Landlord prior to the Commencement Date. Upon, request a copy of the Tenant' s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to Landlord and shall provide satisfactory evidence that Tenant has complied with all insurance requirements. Renewal certificates shall be provided to Landlord prior to the expiration date of any of the required policies. Landlord will not be obligated, however, to review such declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Tenant of any deficiencies in such documents and receipt thereof shall not relieve Tenant from, nor be deemed a waiver of, Landlord' s right to enforce the terms of Tenant' s obligations hereunder. Landlord reserves the right to examine any policy provided for under this paragraph. 11 . 3 Effect of Tenant' s Failure to Provide Insurance . If Tenant fails to provide the specified insurance, then Tenant will defend, indemnify and hold harmless the Landlord, the Landlord' 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 Landlord (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 Tenant, its subcontractors, agents, employees or delegates. Tenant agrees that this indemnity shall be construed and applied in favor of indemnification. Tenant 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 Landlord may require Tenant to : a. Furnish and pay for a surety bond, satisfactory to the Landlord, guaranteeing performance of the indemnity obligation; or 12 b . Furnish a written acceptance of tender of defense and indemnity from Tenant' s insurance company. Tenant will take the action required by the Landlord within fifteen ( 15) days of receiving notice from the Landlord. 11 .4 . Whenever Tenant shall undertake any alterations, additions or improvements in, to or about the Premises ("Work") the aforesaid insurance protection must extend to and include injuries to persons and damage to property arising in connection with such Work, without limitation including liability under any applicable structural work act, and such other insurance as Landlord shall require; and the policies of or certificates evidencing such insurance must be delivered to Landlord prior to the commencement of any such Work. Tenant shall also require surety payment and performance bonds, or other similar security approved by Landlord for any Work done on the Premises. 12 . SERVICES AND UTILITIES . Tenant shall pay for all water, gas, heat, light, power, telephone, sewer, sprinkler system i charges and other utilities and services used on or from the Premises, together with any taxes, penalties and surcharges or the like pertaining thereto and any maintenance charges for such utilities . If any such services are not separately metered to Tenant, Tenant shall pay all such charges determined by Landlord, in its sole discretion, to be reasonable . Any such charges paid by Landlord and assessed against Tenant shall be immediately payable to Landlord on demand and shall be additional rent hereunder. Landlord shall not be liable for any interruption or failure of utility services on or to the Premises unless the interruption or failure of service is caused by the negligence or intentional act of Landlord or any of Landlord' s officers, directors, employees, or agents. 13 . HOLDING OVER. Tenant shall pay Landlord for each day Tenant retains possession of the Premises or part thereof after termination of this Lease by lapse of time or otherwise at the then market rental value of the Premises as determined by Landlord assuming a new lease of the Premises of the then usual duration and other terms, prorated on a daily basis ("Holdover Rate") , and also pay all damages sustained by Landlord by reason of such retention. If Landlord gives notice to Tenant of Landlord' s election to that effect, such holding over shall constitute renewal of this Lease for a period from month to month at the Holdover Rate, but if the Landlord does not so elect, no such renewal shall result notwithstanding acceptance by Landlord of any sums due hereunder after such termination; and instead, a tenancy at sufferance at the Holdover Rate shall be deemed to have been created. In. any event, no provision of this Article 13 shall be deemed to waive Landlord' s right of reentry or any other right under this Lease or at law. 14 . SUBORDINATION . 13 Without the necessity of any additional document being executed by Tenant for the purpose of effecting a subordination, this Lease shall be subject and subordinate at all times to ground or underlying leases and to the lien of any mortgages or deeds of trust now or hereafter placed on, against or affecting the Premises, Landlord' s interest or estate in the Premises, or any ground or underlying lease, provided, however, that (i) if the lessor, mortgagee, trustee, or holder of any such mortgage or deed of trust agrees not to materially disturb Tenant or Tenants use of the Premises or Tenant' s rights hereunder and so long as no event of Default has occurred and is continuing, and (ii) if the lessor, mortgagee, trustee, or holder of any such mortgage or deed of trust elects to have Tenant' s interest in this Lease be superior to any such instrument, then, by notice to Tenant, this Lease shall be deemed superior, whether this Lease was executed before or after said instrument. Notwithstanding the foregoing, Tenant covenants and agrees to execute and deliver upon demand such further instruments evidencing such subordination or superiority of this Lease as may be required by Landlord. 15 . REENTRY BY LANDLORD . Landlord reserves and shall at all times have the right to re-enter the Premises, without notice, to inspect the same, to supply any service to be provided by Landlord to Tenant under this Lease, to show said Premises to prospective purchasers, mortgagees or tenants, and to alter, improve or repair the Premises and any portion of the Premises, without abatement of rent, and may for that purpose erect, use and maintain scaffolding, pipes , conduits and other necessary structures and open any wall, ceiling or floor in and through the Premises where reasonably required by the character of the work to be performed. Landlord may enter the Premises without notice in the event of a burglary, fire, medical emergency, natural disaster, or other similar emergency, but shall in other cases provide 24 hours ' notice and schedule such entry so as to minimise interference with Tenant' s business and permit Tenant to safeguard confidential files in the Premises. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by any action of Landlord authorized by this Article 15 . Nothing in this Article 15 waives or shall be construed as waiving any claim by Tenant for any negligent or intentional act of Landlord or any employee, contractor, or agent of Landlord which in any way damages Tenant or Tenant' s rights under this Lease. In the event that Landlord discovers a defect or other problem with the premises during such re-entry, Landlord may correct the defect or problem and Tenant shall reimburse Landlord on demand, as additional rent, for any expenses which Landlord may incur in correcting the defect or problem provided that Tenant was responsible for the repair of the defect or problem pursuant to Article 7 .2 of this Lease. 16. DEFAULT . 16 . 1 . Except as otherwise provided in Article 18 , the following events shall be deemed to be Events of Default under this Lease : 14 16 . 1 . 1 . Tenant shall fail to pay when due any sum of money becoming due to be paid to Landlord under this Lease, whether such sum be any installment of the rent reserved by this Lease, any other amount treated as additional rent under this Lease, or any other payment or reimbursement to Landlord required by this Lease, whether or not treated as additional rent under this Lease, and such failure shall continue for a period of five days after written notice that such payment was not made when due, but if any such notice shall be given, for the twelve month period commencing with the date of such notice, the failure to pay within five days after due any additional sum of money becoming due to be paid to Landlord under this Lease during such period shall be an Event of Default, without notice. 16 . 1 .2 . Tenant shall fail to comply with any term, provision or covenant of this Lease which is not provided for in another Section of this Article and shall not cure such failure within twenty (20) days (forthwith, if the failure involves a hazardous condition) after written notice of such failure to Tenant or if such failure cannot reasonably be cured with such twenty (20) days, Tenant shall fail to commence such cure within such twenty (20) day period and diligently pursue the same to completion. 16 . 1 . 3 . Tenant shall abandon or vacate any substantial portion of the Premises or cease continuously operating its business therein. 16 . 1 .4 . Tenant shall fall to vacate the Premises immediately upon termination of this Lease, by lapse of time or otherwise, or upon termination of Tenant' s right to possession only. 16 . 1 . 5 . Tenant shall become insolvent, admit in writing its inability to pay its debts generally . as they become due, file a petition in bankruptcy or a petition to take advantage of any insolvency statute, make an assignment for the benefit of creditors, make a transfer in fraud of creditors, apply for or consent to the appointment of a receiver of itself or of the whole or any substantial part of its property, or file a petition or answer seeking reorganization or arrangement under the federal bankruptcy laws, as now in effect or hereafter amended, or any other applicable law or statute of the United States or any state thereof. 16 . 1 . 6 . A court of competent jurisdiction shall enter an order, judgment or decree adjudicating Tenant bankrupt, or appointing a receiver of Tenant, or of the whole or any substantial part of its property, without the consent of Tenant, or approving a petition filed against Tenant seeking reorganization or arrangement of Tenant under the bankruptcy laws of the United States, as now in effect or hereafter amended, or any state thereof, and such order, 15 judgment or decree shall not be vacated or set aside or stayed within thirty (30) days from the date of entry thereof 17 . REMEDIES . 17 . 1 . Except as otherwise provided in Article 18 , upon the occurrence of any of the Events of Default described or referred to in Article 16, Landlord shall have the option to pursue any one or more of the following remedies without any notice or demand whatsoever, concurrently or consecutively and not alternatively: 17 . 1 . 1 . Landlord may, at its election, terminate this Lease or terminate Tenant' s right to possession only, without terminating the Lease. 17 . 1 .2 . Upon any termination of this Lease, whether by lapse of time or otherwise, - or upon any termination of Tenant' s right to possession without termination of the Lease, Tenant shall surrender possession and vacate the Premises immediately, and deliver possession thereof to Landlord, and Tenant hereby grants to Landlord full and free license to enter into and upon the Premises in such event as permitted by law and to repossess Landlord of the Premises as of Landlord' s former estate and to expel or remove Tenant and any others who may be occupying or be within the Premises and to remove Tenant' s signs and other evidence of tenancy and all other property of Tenant therefrom without being deemed in any manner guilty of trespass, eviction or forcible entry or detainer, and without incurring any liability for any damage resulting therefrom, Tenant waiving any right to claim damages for such reentry and expulsion, and without relinquishing Landlord' s right to rent or any other right given to Landlord under this Lease or by operation of law. 17 . 1 . 3 . Upon any termination of this Lease, whether by lapse of time or otherwise, Landlord shall be entitled to recover as damages, all rent, including any amounts treated as additional rent under this Lease, and other sums due and payable by Tenant on the date of termination, plus as liquidated damages and not as a penalty, an amount equal to the sum of (a) an amount equal to the then present value of the rent reserved in this Lease for the residue of the stated Term of this Lease including any amounts treated as additional rent under this Lease and all other sums provided in this Lease to be paid by Tenant, minus the fair rental value of the Premises • for such residue; (b) the value of the time and expense necessary to obtain a replacement tenant or tenants, and the estimated expenses described in Section 16 . 1 .4 . relating to recovery of the Premises, preparation for reletting and for reletting itself, and (c) the cost of performing any other covenants which would have otherwise been performed by Tenant. 16 17 . 1 .4 . Upon any termination of Tenant' s right to possession only without termination of the Lease : 17 . 1 .4 . 1 Neither such termination of Tenant's right to possession nor Landlord's taking and holding possession thereof as provided in Section 17 . 1 .2 shall terminate the Lease or release Tenant, in • whole or in part, from any obligation, including Tenant's obligation to pay the rent, including any amounts treated as additional rent, under this Lease for the full Term, and if Landlord so elects Tenant shall pay forthwith to Landlord the sum equal to the entire amount of the rent, including any amounts treated as additional rent under this Lease, for the remainder of the Term plus any other sums provided in this Lease to be paid by Tenant for the remainder of the Term. 17 . 1 .4 .2 Landlord shall use its best efforts to relet the Premises or any part thereof for such rent and upon such terms as Landlord, in its sole discretion, shall determine (including the right to relet the premises for a greater or lesser term than that remaining under this Lease, the right to relet the Premises as a part of a larger area, and the right to change the character or use made of the Premises) . In connection with or in preparation for any reletting, Landlord may, but shall not be required to , make repairs, alterations and additions in or to the Premises and redecorate the same to the extent Landlord deems necessary or desirable, and Tenant shall, upon demand, pay the cost thereof, together with Landlord's expenses of reletting, including, without limitation, any commission incurred by Landlord. Landlord and Tenant agree that nevertheless Landlord shall at most be required to use only the same efforts Landlord then uses to lease premises generally and that in any case that Landlord shall not be required to give any preference or priority to the showing or leasing of the Premises over any other space that Landlord may be leasing or have . available and may place a suitable prospective tenant in any such other space regardless of when such other space becomes available. Landlord shall not be required to observe any instruction given by Tenant about any reletting or accept any tenant offered by Tenant unless such offered tenant has a credit worthiness acceptable to Landlord and leases the entire Premises upon terms and conditions including a rate of rent (after giving effect to all expenditures by Landlord for tenant improvements, 17 broker's commissions and other leasing costs) all no less favorable to Landlord than as called for in this Lease, nor shall Landlord be required to make or permit any assignment or sub lease for more than the current term or which Landlord would not be required to permit under the provisions of Article 9 . 17 . 1 .4 . 3 Until such time as Landlord shall elect to terminate the Lease and shall thereupon be entitled to recover the amounts specified in such case in Section 17 . 1 . 3 , Tenant shall pay to Landlord upon demand the full amount of all rent, including any amounts treated as additional rent under this Lease and other sums reserved in this Lease for the remaining Term, together with the costs of repairs, alterations, additions, redecorating and Landlord's expenses of reletting and the collection of the rent accruing therefrom (including attorney's fees and broker's commissions), as the same shall then be due or become due from time to time pursuant to the terms of this Lease, less only such consideration as Landlord may have received from any reletting of the Premises; and Tenant agrees that Landlord may file suits from time to time to recover any sums falling due under this Article 17 as they become due. Any proceeds of reletting by Landlord in excess of the amount then owed by Tenant to Landlord from time to time shall be credited against Tenant's future obligations under this Lease but shall not otherwise be refunded to Tenant or inure to Tenant' s benefit. 17 .2 . Landlord may, at Landlord' s option, enter into and upon the Premises after providing 24 hours ' notice, except in the case of an emergency or where immediate action is necessary in which events no notice is required, if Landlord determines in its sole discretion that Tenant is not acting within a commercially reasonable time to maintain, repair or replace anything for which Tenant is responsible under this Lease and correct the same, without being deemed in any manner guilty of trespass, eviction or forcible entry and detainer and without incurring any liability for any damage or interruption of Tenant' s business resulting therefrom. To the extent practical Landlord shall schedule such entry so as to minimize interference with Tenant' s business and permit Tenant to safeguard confidential files in the Premises. If Tenant shall have vacated the Premises, Landlord may at Landlord' s option re-enter the Premises at any time during the last six months of the then current Term of this Lease and make any and all such changes, alterations, revisions, additions and tenant and other improvements in or about the Premises as Landlord shall elect, all without any abatement of any of the rent otherwise to be paid by Tenant under this Lease. 18 . .. . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . .. . 17 .3 . .In the case of. litigation between the parties to enforce the terms of this Lease, the non-prevailing party shall be liable for the reasonable attorney fees of the prevailing party. 17 .4 . Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the other remedies provided in this Lease or . any other remedies provided by law (all such remedies being cumulative), nor shall pursuit of any remedy provided in this Lease constitute a forfeiture or waiver of any rent due to Landlord under this Lease or of any damages accruing to Landlord by reason of the violation of any of the terms, provisions and covenants contained in this Lease . 17 . 5 . No act or thing done by Landlord or its agents during the Term shall be deemed a termination of this Lease or an acceptance of the surrender of the Premises, and no agreement to terminate this Lease or to accept a surrender of said Premises shall be valid, unless in writing signed by Landlord. No waiver by Landlord of any violation or breach or Event of Default of any of the terms, provisions and covenants contained in this Lease shall be deemed or construed to constitute a waiver of any other violation or breach or Event of Default of any of the terms, provisions and covenants contained in this Lease . Landlord' s acceptance of the payment of rental or other payments after the occurrence of a violation, breachor Event of Default shall not be construed as a waiver of such default, unless Landlord so notifies Tenant in writing. Forbearance by Landlord in enforcing one or more of the remedies provided in this Lease upon a violation, breach or Event of Default shall not be deemed or construed to constitute a waiver of such violation, breach or Event of Default or of Landlord' s right to enforce any such remedies with respect to such violation, breach or Event of Default or any subsequent violation, breach or Event of Default. 18 . TENANT' S BANKRUPTCY OR INSOLVENCY. 18 . 1 . If at any time and for so long as Tenant shall be subjected to the provisions of the United States Bankruptcy Code or other law of the United States or any state thereof for the protection of debtors as in effect at such time (each a "Debtor' s Law") : • 18 . 1 . 1 . Tenant, Tenant as debtor-in-possession, and any trustee or receiver of Tenant' s assets (each a "Tenant' s Representative") shall have no greater right to assume or assign this Lease or any interest in this Lease, or to sub lease any of the Premises than accorded to Tenant in Article 9 , except to the extent Landlord shall be required to permit such assumption, assignment or sublease by the provisions of such Debtor' s Law. Without limitation of the generality of the foregoing, any right of any Tenant' s Representative to assume or assign this Lease or to sublease any of the Premises shall be subject to the conditions that: 19 18 . 1 . 1 . 1 . Such Debtor' s Law shall provide to Tenant' s Representative a right of assumption of this Lease which Tenant' s Representative shall have timely exercised and Tenant' s Representative shall have fully cured any default of Tenant under this Lease. 18 . 1 . 1 .2 . Tenant' s Representative or the proposed assignee, as the case shall be, shall have deposited with Landlord as security for the timely payment of rent an amount equal to three months' rent and other monetary charges accruing under this Lease; and shall have provided Landlord with adequate other assurance of the future performance of the obligations of the Tenant under this Lease. Without limitation, such assurances shall include, at least, in the case of assumption of this Lease, demonstration to the satisfaction of the Landlord that Tenant' s Representative has and will continue to have sufficient unencumbered assets after the payment of all secured obligations and • administrative expenses to assure Landlord that Tenant' s Representative will have sufficient funds to fulfill the obligations of Tenant under this Lease; and, in the case of assignment, submission of current fmancial statements of the proposed assignee, audited by an independent certified public accountant reasonably acceptable to Landlord and showing a net worth and working capital in amounts determined by Landlord to be sufficient to assure the future performance by such assignee of all of the Tenant' s obligations under this Lease . 18 . 1 . 1 . 3 . The assumption or any contemplated assignment of this Lease or subleasing of any part of the Premises, as shall be the case; will not breach any provision in any other lease, mortgage, financing agreement or other agreement by which Landlord is bound. 18 . 1 . 1 .4 . Landlord shall have no right under Article 9 to refuse consent to the proposed assignment or sublease by reason of the identity or nature of the proposed assignee or sublessee or the proposed use of the Premises concerned. 19 . QUIET ENJOYMENT . Landlord represents and warrants that it has full right and authority to enter into this Lease and that Tenant, while paying the rental and performing its other covenants and agreements contained in this Lease, shall peaceably and quietly have, hold and enjoy the 20 Premises for the Term without hindrance or molestation from Landlord subject to the terms and provisions of this Lease . Landlord shall not be liable for any interference or disturbance by other tenants or third persons, nor shall Tenant be released from any of the obligations of this Lease because of such interference or disturbance. 20 . DAMAGE BY FIRE, ETC . 20 . 1 . In the event that the Premises is damaged by fire or other cause Landlord shall have the option of either terminating the Lease immediately and be under no obligation to rebuild the Premises or continue the Lease and rebuild the Premises . Within forty-five (45) days from the date of such damage, Landlord shall notify Tenant, in writing, of Landlord' s decision to rebuild the Premises or terminate the Lease. If Landlord decides to rebuild the Premises, Landlord shall within forty- five (45) days, notify Tenant of Landlord' s reasonable estimation of the length of time within which material restoration can be made, and Landlord' s determination shall be binding on Tenant. For purposes of this Lease, the Premises shall be deemed "materially restored" if they are in such condition as would not prevent or materially interfere with Tenant' s use of the Premises for the purpose for which it was being used immediately before such damage . 20 .2. If the Premises can be materially restored within ninety days (90), in Landlord' s reasonable estimation, this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate abatement in rent including any Taxes or any other expense incurred by Tenant under this Lease, from the date of such damage. Such abatement of rent shall be made pro rata in accordance with the extent to which the damage and the making of such repairs shall interfere with the use and occupancy by Tenant of the Premises from time to time . 20 . 3 . If the Premises cannot be repaired within ninety (90) days, in Landlord' s reasonable estimation, Tenant shall have the option of giving the Landlord, at any time within sixty (60) days after such damage, notice terminating this Lease as of the date of such damage . In the event of the giving of such notice, this Lease shall expire and all interest of the Tenant in the Premises shall terminate as of the date of such damage as if such date had been originally fixed in this Lease for the expiration of the Term. 20 .4 . In the event that neither Landlord nor Tenant exercises its option to terminate this Lease, then Landlord shall repair or restore such damage, this Lease continuing in full force and effect, and the rent hereunder shall be proportionately abated as provided in Section 20 .2 . 20 . 5 . Landlord shall not be required to repair or replace any damage or loss by or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office , fixtures or any other property or improvements installed on the Premises or belonging to Tenant. If any damage by fire or other 21 . . . . . . . .. . . . . . . . . . . . . . . . . cause is the result of the intentional act, or negligence of Tenant, Landlord shall be under no obligation to repair the Premises and Tenant shall be liable for any such damages . Any insurance which may be carried by Landlord or Tenant against loss or damage to the Premises shall be for the sole benefit of the party carrying such insurance and under its sole control. 20 . 6 . In the event that Landlord should fail • to complete such repairs and material restoration within sixty (60) days after the date estimated by Landlord pursuant to Section 20 . 1 , Tenant may at its option and as its sole remedy terminate this Lease by delivering written notice to Landlord, within thirty (30) days after the expiration of said period of time, whereupon the Lease shall end on the date of such notice or such later date fixed in such notice as if the date of such notice was the date originally fixed in this Lease for the expiration of the Term; provided, however, that if construction is delayed because of changes, deletions or additions in construction requested by Tenant, strikes, lockouts, casualties, Acts of God, war, material or labor shortages, government regulation or control or other causes beyond the reasonable control of Landlord, the period for restoration, repair or rebuilding shall be extended for the amount of time Landlord is so delayed. 20 . 7 . Notwithstanding anything to the contrary contained in this Article : (a) Landlord shall not have any obligation whatsoever to repair, reconstruct, or restore the Premises when the damages resulting from any casualty covered by the provisions of this Article 20 occur during the last twelve ( 12) months of the Term or any extension thereof, but if Landlord determines not to repair such damages Landlord shall notify Tenant and if such damages shall render any material portion of the Premises untenantable Tenant shall have the right to terminate this Lease by notice to Landlord within thirty (30) days after receipt of Landlord' s ` notice ; and (b) in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Premises requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within thirty (30) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the term. 20 . 8 . In the event of any damage or destruction to the Premises by any peril covered by the provisions of this Article 20 , it shall be Tenant' s responsibility to properly secure the Premises and upon notice from Landlord to remove forthwith, at its sole cost and expense, such portion of all of the property belonging to Tenant or its licensees from such portion or all of the Premises as Landlord shall request. 21 . EMINENT DOMAIN. If all or any substantial part of the Premises shall be taken or appropriated by any public or quasi-public authority under the power of eminent domain, or conveyance in lieu of such 22 appropriation, either party to this Lease shall have the right, at its option, of giving the other, at any time within thirty (30) days after such taking, notice terminating this Lease, except that Tenant may only terminate this Lease by reason of taking or appropriation, if such taking or appropriation shall be so substantial as to interfere with Tenant' s use and occupancy of the Premises . If neither party to this Lease shall so elect to terminate this Lease, the rental thereafter to be paid shall be adjusted on a fair and equitable basis under the circumstances . In addition to the rights of Landlord above, if any substantial part of the Premises shall be taken or appropriated by any public or quasi-public authority under the power of eminent domain or conveyance in lieu thereof, and regardless of whether the Premises or any part thereof are so taken or appropriated, Landlord shall have the right, at its sole option, to terminate this Lease . Landlord shall be entitled to any and all income, rent, award, or any interest whatsoever in or upon any such sum, which may be paid or made in connection with any such public or quasi-public use or purpose, and Tenant hereby assigns to Landlord any interest it may have in or claim to all or any part of such sums, other than any separate award which may be made with respect to Tenant' s trade fixtures and moving expenses ; Tenant shall make no claim for the value of any unexpired Term. 22 . SALE BY LANDLORD . In event of a sale or conveyance by Landlord of the Premises, the same shall operate to release Landlord from any future liability upon any of the covenants or conditions, expressed or implied, contained in this Lease in favor of Tenant, and in such event Tenant agrees to look solely to the ability of the successor interest of Landlord in and to this Lease. Except as set forth in this Article 22, this Lease shall not be affected by any such sale and Tenant agrees to attorn to the purchaser or assignee . If any security has been given by Tenant to secure the faithful performance of any of the covenants of this Lease, Landlord may transfer or deliver said security, as such, to Landlord' s successor in interest and upon delivery to Tenant of such successor' s written acceptance of said security, Landlord shall be discharged from any further liability with regard to said security. 23 . ESTOPPEL CERTIFICATES . Within ten calendar ( 10) days following any written request which Landlord may make from time to time, Tenant shall execute and deliver to Landlord or mortgagee or prospective mortgagee a sworn statement certifying: (a) the date of commencement of this Lease ; (b) the fact that this Lease is unmodified and in full force and effect (or, if there have been modifications to this Lease, that this lease is in full force and effect, as modified, and stating the date and nature of such modifications) ; (c) the date to which the rent and other sums payable under this Lease have been paid; (d) the fact that there are no current defaults under this Lease by either Landlord or Tenant except as specified in Tenant' s statement; and (e) such other matters as may be requested by Landlord. Landlord. and Tenant intend that any statement delivered pursuant to this Article 23 may be relied upon by any mortgagee, beneficiary or purchaser and Tenant shall be liable for 23 all loss, cost or expense resulting from the failure of any sale or funding of any loan caused by any material misstatement contained in such estoppel certificate. Tenant irrevocably agrees that if Tenant fails to execute and deliver such certificate within such ten ( 10) day period Landlord or Landlord' s beneficiary or agent may execute and deliver such certificate on Tenant' s behalf, and that such certificate shall be fully binding on Tenant. 24. SURRENDER OF PREMISES . 24 . 1 . Tenant shall, at least thirty (30) days before the last day of the Term, arrange to meet Landlord for a joint inspection of the Premises. In the event of Tenant' s failure to arrange such joint inspection to be held prior to vacating the Premises, Landlord' s inspection at or after Tenant' s vacating the Premises shall be conclusively deemed correct for purposes of determining Tenant' s responsibility for repairs and restoration. 24 .2 . At the end of the Tenn or any renewal of the Term or other sooner termination of this Lease, Tenant will peaceably deliver up to Landlord possession of the Premises, together with all improvements or additions upon or belonging to the same, by whom so ever made, in the same conditions received or first installed, broom clean and free of all debris, excepting only ordinary wear and tear and damage by fire or other casualty. Tenant may, and at Landlord' s request shall, at Tenant' s sole cost, remove upon termination of this Lease, any and all furniture, furnishings, movable partitions of less than full height from floor to ceiling, trade fixtures and other property installed by Tenant, title to which shall not be in or pass automatically to Landlord upon such termination, repairing all damage caused by such removal . Property not so removed shall, unless requested to be removed, be deemed abandoned by the Tenant and title to the same shall thereupon pass to Landlord under this Lease as by a bill of sale. All other alterations, additions and improvements in, on or to the Premises shall be dealt with and disposed of as provided in Article 6 hereof. 24 . 3 . All obligations of Tenant under this Lease not fully performed as of the expiration or earlier termination of the Term shall survive the expiration or earlier termination of the Term. In the event that Tenant' s failure to perform prevents Landlord from releasing the Premises, Tenant shall continue to pay rent pursuant to the provisions of Article 13 until such performance is complete. Upon the expiration or earlier termination of the Term, Tenant shall pay to Landlord the amount, as estimated by Landlord, necessary to repair and restore the Premises as provided in this Lease and/or to discharge Tenant' s obligation for unpaid amounts due or to become due to Landlord. All such amounts shall be used and held by Landlord for payment of such obligations of Tenant, with Tenant being liable for any additional costs upon demand by Landlord, or with any excess to be returned to Tenant after all such obligations have been determined and satisfied. Any 24 otherwise unused Security Deposit shall be credited against the amount payable by Tenant under this Lease. 25 . NOTICES . Any notice or document required or permitted to be delivered under this Lease shall be addressed to the intended recipient, shall be transmitted personally, by fully prepaid registered or certified United States Mail return receipt requested, or by reputable independent contract delivery service furnishing a written record of attempted or actual delivery, and shall be deemed to be delivered when tendered for delivery to the addressee at its address set forth on the Reference Page, or at such other address as it has then last specified by written notice delivered in accordance with this Article 25 . 26 . TAXES PAYABLE BY TENANT. 26 . 1 Tenant shall be responsible for payment to the appropraite taxing authority of all Taxes as defined in Section 26 . 1 . 1 . Tenant shall inform all taxing authority' s of Tenant' s obligation for the Taxes and request any notice for Taxes be sent directly to Tenant with a copy to Landlord. Tenant shall pay Taxes directly to the taxing authority without any further request from Landlord. Tenant shall notify Landlord of all payment of Taxes made by Tenant. In the event that Tenant does not pay any of the Taxes, Landlord shall have the right to pay the Taxes . In the event that Landlord pays any Taxes, Tenant shall, upon demand, reimburse Landlord for any Taxes paid and any additional costs incurred by Landlord as a result of making such payments . 26 . 1 . 1 "Taxes" shall be defined as : , real estate taxes and any other taxes, charges and assessments which are levied with respect to the Premises or the land appurtenant to the Premises, or with respect to any improvements, fixtures and equipment or other property of Landlord, real or personal, located in the Premises and used in connection with the operation of the Premises and said land, including without limitaton all taxes payable pursuant to Minnesota Statutes Section 272 . 01 , Subd. 2 . Taxes inccude all fees, expenses and costs incurred by Landlord in Investigating, protesting, contesting or in any way seeking to reduce or avoid increase in any assessments, levies or the tax rate pertaining to any Taxes to be paid by Landlord in any Lease Year. Taxes shall not include any corporate franchise, or estate, inheritance or net income tax, or tax imposed upon any transfer by Landlord of its interest in this Lease or the Premises . 26 .2 In addition to Rent, Taxes, and other charges to be paid by Tenant under this Lease, Tenant shall reimburse to Landlord, upon demand, any new taxes imposed by a federal, state, or local government upon Landlord that Landlord is obligated to pay as a result of Tenant' s use of the premises under this Lease. 25 26 . 3 If the Commencement Date is other than January 1 or if the Termination Date is other than December 31 , Tenant' s liability for Taxes for the Lease Year in which said Date occurs shall be prorated based upon a three-hundred sixty-five (365) day year. 27 . DEFINED TERMS AND HEADINGS . The Article headings shown in this Lease are for convenience of reference and shall in no way define, increase, limit or describe the scope or intent of any provision of this Lease. Any indemnification or insurance of Landlord shall apply to and inure to the benefit of Landlord and any of its elected or appointed officials, employees, officers, directors, and agents. Any option granted to Landlord shall also include or be exercisable by Landlord' s trustee, beneficiary, agents and employees, as the case may be . In any case where this Lease is signed by more than one person, the obligations under this Lease shall be .joint and several . The terms "Tenant" and "Landlord" or any pronoun used in place thereof shall indicate and include the masculine or ' feminine, the singular or plural number, individuals, firms or corporations, and each of their respective successors, executors, administrators and permitted assigns, according to the context hereof Tenant hereby accepts and agrees to be bound by the figures for the space footage of the Premises shown on the Reference Page. 28 . 'TENANT' S AUTHORITY. If Tenant signs as a corporation each of the persons executing this Lease on behalf of Tenant represents and warrants that Tenant has been and is qualified to do business in the state in which the Premises is located, that the corporation has full right and authority to enter into this Lease, and that all persons signing on behalf of the corporation were authorized to do so by appropriate corporate actions. If Tenant signs as a partnership, trust or other legal entity, each of the persons executing this Lease on behalf of Tenant represents and warrants that Tenant has complied with all applicable laws, rules and governmental regulations relative to its right to do business in the state and that such entity on behalf of the Tenant was authorized to do so by any and all appropriate partnership, trust or other actions . Tenant shall furnish contemporaneous with execution of this Lease a corporate resolution evidencing the due authorization of Tenant to enter into this Lease . 29 . TIME AND APPLICABLE LAW. Time is of the essence of this Lease and all of its provisions . This Lease shall in all respects be Governed by the laws of the State of Minnesota and Tenant acknowledges that the exclusive venue for any action arising out of or related to this Lease shall be the Hennepin County District Court for the State of Minnesota. 30 . SUCCESSORS AND ASSIGNS . 26 • Subject to the provisions of Article 10, the terms, covenants and conditions contained in this Lease shall be binding upon and inure to the benefit of the heirs, . successors, executors, administrators and assigns of the parties to this Lease. 31 . ENTIRE AGREEMENT. This Lease, together with its exhibits, contains all agreements of the parties to this Lease and supersedes and replaces any previous negotiations and leases . There have been no representations made by the Landlord or understandings made between the parties other than those set forth in this Lease and its exhibits . This Lease may not be modified except by a written instrument duly executed by the parties to this Lease. 32 . EXAMINATION NOT OPTION. Submission of this Lease shall not be deemed to be a reservation of the Premises. Landlord shall not be bound by this Lease until it has received a copy of this Lease duly executed by Tenant and has. delivered to Tenant a copy of this Lease duly executed by Landlord, and until such delivery Landlord reserves the right to exhibit and lease the Premises to other prospective tenants. Notwithstanding anything contained in this Lease to the contrary, Landlord may withhold delivery of possession of the Premises from Tenant until such time as Tenant has paid to Landlord the first month' s rent required by Article 2 and any other sum owed pursuant to this Lease. 33 . RECORDATION. Tenant shall not record or register this Lease or a short form memorandum hereof without the prior written consent of Landlord, and then shall pay all charges and taxes incident such recording or registration. 34. LIMITATION OF LIABILITY. Redress for any claim against Landlord under this Lease shall be limited to and enforceable only against and to the extent of Landlord' s interest in the Premises. The obligations of Landlord under this Lease are not intended to and shall not be personally binding on, nor shall any resort be had to the private properties of any of the elected or appointed officials, employees, officers, directors, or agents of Tenant. 35 . DATA PRACTICES ACT, The Tenant shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. § 1301 , et seq. , to the extent that the Act is applicable to data and documents in the hands of the Tenant. 36 . AUDITS . 27 The books, records, documents, and accounting procedures and practices of the Tenant or other parties relevant to this agreement are subject to examination by the City and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this Contract. 37 . WORKER' S COMPENSATION . Tenant represents and warrants that it has and will maintain during the performance of this agreement worker ' s compensation insurance coverage required pursuant to Minn. Stat. § 176 . 181 , subd. 2 and that the certificate of insurance or the written order of the Commissioner of . Commerce permitting self insurance of worker' s compensation insurance coverage provided to the City prior to execution of this agreement is current and in force and effect. 38 . DISCRIMINATION. In performance of this contract, the Tenant shall not discriminate on the grounds of or because of race, color, creed, religion, national origin, sex, marital status, status with regards to public assistance, disability, sexual orientation, or age against any employee of the Tenant, any subcontractor of the Tenant, or any applicant for employment. Tenant shall include a similar provision in all contracts with subcontractors . Tenant further agrees . to comply with all aspects of the Minnesota Human Rights Act, Minn. Stat. § 363 . 01 , et seq. , Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990 . 39 . CONFLICTS . No salaried officer or employee of the City authorized to take part in making of this Lease on behalf of the City and no City Council Member shall have a financial interest, direct or indirect, in this Lease. The violation of this provision renders the Contract void. No federal regulations and applicable state statutes shall be violated. 40 . LIMITATION OF REMEDIES In the event of a breach of the Lease by Landlord, Tenant shall not be entitled to recover punitive, special or consequential damages or damages for loss of business . 41 . LICENSURE Tenant shall use best efforts to obtain all required licenses for its day care business by January 31 , 2011 . If Tenant has not obtained a license by said date, Tenant may terminate this Lease by providing written notice to Landlord of such termination. "Best efforts" shall not include installation of a building sprinkler system or other indoor plumbing, electrical, or mechanical systems if such is required for licensure . If Tenant terminates pursuant the Lease to this paragraph the Security Deposit is non-refundable to Tenant and Landlord is entitled to keep the entire Security Deposit. 28 LANDLORD : TENANT : CITY OF ED '' ' RAMIE ACE DAYCARE CENTER, INC . By: By: [J rot RI rS itri Young, is Mayf r / Its : D ? per _fryer Aler, _ _ cott ' . real, Its ' ity : u ager By: 11 t ,.,,A.Q. l ��rn Its : At4te& �, , A/Liu Dated: 9/740/0 Dated: D /07// D EXHIBIT A attached to and made a part of Lease bearing the Lease Execution Date of September 7 , 2010 Between, City of Eden Prairie, as Landlord and Ace DayCare Center, Inc . , as Tenant PREMISES LEGAL DESCRIPTION Current Legal: Lot 1 , Block 1 , Montgomery Addition, Hennepin County, Minnesota. Legal pursuant to Plat Approved September 7, 2010 : Lot 1 , Block 1 , Shead Addition, Hennepin County, Minnesota. EXHIBIT B attached to and made a part of Lease bearing the Lease Execution Date of September 7, 2010 Between, City of Eden Prairie, as Landlord and Ace DayCare Center, Inc . , as Tenant RULES AND REGULATIONS 1 . Tenant shall not (i) conduct or permit any fire, bankruptcy or auction sale (whether real or fictitious) unless directed by order of a court of competent jurisdiction, or conduct or permit any legitimate or fictitious "Going Out of Business" sale nor represent or advertise that it regularly or customarily sells merchandise at "manufacturer' s, " "distributor' s, " or "wholesale, " "warehouse, " or similar prices or other than at "off price" or at "retail" prices ; (ii) use, or permit to be used, the malls or sidewalks adjacent to such Premises, or any other area outside the Premises for solicitation or for the sale or display of any merchandise or for any other business, occupation or undertaking, or for outdoor public meetings, circus or other entertainment (except for promotional activities in cooperation with the management of the Premises or an association of merchants within the Premises) ; (iii) use or permit to be used any flickering lights or any sound broadcasting or amplifying device which can be heard outside of the Premises ; (iv) operate or cause to be operated any "elephant trains" or similar transportation devices ; or (v) use or permit to be used any portion of the Premises for any unlawful purpose or use or permit the use of any portion of the Premises as regular living quarters, sleeping apartments or lodging rooms or for the conduct of any manufacturing business. 2 . Tenant shall at all times keep the Premises at a temperature sufficiently high to prevent freezing of water pipes and fixtures . Tenant shall not, nor shall Tenant at any time permit, any occupant of the Premises to : ( 1 ) use, operate or maintain the Premises in such manner that any rates for any insurance carried by Landlord, or the occupant of any premises within the Premises, shall thereby be increased; or (ii) commit waste, perform any acts or carry on any practices which may injure the Premises or be a nuisance or menace to other tenants in the Premises . 3 . Tenant shall not obstruct any sidewalks, passages, exits, entrances, truck ways, loading docks, package pick-up stations, pedestrian sidewalk and ramps, first aid and comfort stations, or stairways of the Premises . No Tenant and no employee or invitee of any Tenant shall go upon the roof of the Premises . 4 . If Tenant requires telegraphic, telephonic, fire suppression system, fire or burglar alarm or similar services, it shall first obtain, and comply with Landlord' s instructions in their installation. Landlord shall furnish any such instructions within five (5) business days after request from Tenant. • 5 . Tenant shall not place a load upon any floor which exceeds the designed load per square foot or the load permitted by law. Landlord shall have the right to prescribe the weight, size and position of all equipment, materials, furniture or other property brought into the Premises. Heavy objects shall stand on such platforms as determined by Landlord to be . necessary to properly distribute the weight. Business machines and mechanical equipment belonging to Tenant which cause noise or vibration that may be transmitted to the structure of Tenant' s store or to any other space to such a degree as to be objectionable to Landlord or to any tenants shall be placed and maintained by Tenant, at Tenant' s expense, on vibration eliminators or other similar devices . The persons employed to move equipment in or out of Tenant' s store must be acceptable to Landlord. Landlord will not be responsible for loss of, or damage to, any equipment or other property from any cause, and all damage done to the Premises by maintaining or moving such equipment or other property shall be repaired at the expense of Tenant. 6 . The toilet rooms, toilets, urinals, wash bowls and other apparatus shall not be used for any purpose other than that for which they were constructed, no foreign substance of any kind whatsoever shall be thrown therein, and the expense of any breakage, stoppage or damage F' resulting from the violation of this rule shall be borne by the Tenant who , or whose employees or invitees, shall have caused it. 7 . Tenant shall not install any radio or television antenna, loudspeaker or other device on the roof or exterior walls of Tenant' s store except the satellite dish currently being used by Tenant without the prior written consent of Landlord, which shall not be unreasonably withheld. Tenant shall not interfere with radio or television broadcasting or reception from or in the Premises or elsewhere. 8 . Tenant shall not install, maintain or operate upon the Premises or in any Common Areas under the exclusive control of Tenant any vending machine or video game without Landlord' s prior written consent. 9 . Tenant shall store all of its trash and garbage in containers within the Premises . Tenant shall not place in any trash box or receptacle any material which cannot be disposed of in the ordinary and customary manner of trash and garbage disposal . All garbage and refuse disposal shall be made in accordance with directions issued from time to time by Landlord. 10 . Tenant shall not use in any space any hand trucks except those equipped with the rubber tires and side guards or such other material handling equipment as Landlord may approve . Tenant , shall not bring any other vehicles of any kind into Tenant' s store . 11 . Landlord may waive any one or more of these Rules and Regulations, but no such waiver by Landlord shall prevent Landlord from thereafter enforcing any . such Rules and Regulations of the Premises. 12 . These Rules and Regulations are in addition to , and shall not be construed to in any way modify or amend, in whole or in part, the terms, covenants, agreements and conditions of any lease of premises in the Premises . 13 . Tenant shall be responsible for the observance of all of the foregoing rules by Tenant' s employees, agents, clients, customers, invitees and guests . P :\Home\1606.091 - Ace Daycare Lease\Documents\2010 09 01 Lease draft. doc • • •