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City Council - 03/31/2015
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, MARCH 31, 2015 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 H I. COMMUNITY SURVEY RESULTS Open Podium - Council Chamber II. OPEN PODIUM III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MARCH 31, 2015 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 Julie Klima, 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. RECOGNITION OF TERRY PICHA FOR MINNESOTA COMMUNITY FORESTRY OUTSTANDING VOLUNTEER SERVICE AWARD B. DONATION OF TRAILER FOR EDEN PRAIRIE PLAYERS AND EDEN PRAIRIE COMMUNITY BAND (Resolution) C. DONATION OF PICKLEBALL NETS (Resolution) D. ARBOR DAY PROCLAMATION E. EDEN PRAIRIE GIVES WEEK PROCLAMATION F. MINNESOTA SAFE DIGGING MONTH PROCLAMATION G. COMMUNITY SURVEY RESULTS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 3, 2015 B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 3, 2015 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST CITY COUNCIL AGENDA March 31, 2015 Page 2 B. O'REILLY AUTO PARTS STORE by C.M. Architecture, P.A. Second reading of the Ordinance for Planned Unit Development Review with waivers on .83 acres and Zoning District Review in the C-Com Zoning District on .83 acres.Location: 8868 Aztec Drive. (Ordinance for PUD District Review with waivers and Zoning District Amendment; Resolution for Site Plan Review) C. APPROVE PURCHASE OF NG-911 PHONE DISPATCH SYSTEM FROM INDEPENDENT EMERGENCY SERVICES LLC D. AWARD THE CONTRACT FOR RECONFIGURATION OF ELECTRICAL SWITCHGEAR AND CONNECTION OF STANDBY GENERATOR FOR THE CITY CENTER BUILDING TO PRAIRIE ELECTRIC E. APPROVE CONTRACT WITH REPUBLIC SERVICES FOR ANNUAL CITY DROP OFF DAY F. ADOPT RESOLUTION AWARDING CONTRACT FOR PIONEER TRAIL LANDSCAPE PROJECT TO AUTUMN RIDGE LANDSCAPING G. APPROVE PURCHASE OF NEW SIGN MAINTENANCE SERVICE TRUCK H. APPROVE GRANT AGREEMENT WITH METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES FOR MONITORING AND MAINTENANCE OF RILEY CREEK WATER QUALITY MONITORING STATION I. APPROVE CONTRACT FOR PURCHASE AND INSTALLATION OF CAT 6 CABLE FOR CARD ACCESS AND IP CAMERA FOR THE COMMUNITY CENTER AQUATICS UPGRADE PROJECT J. APPROVE AGREEMENT OF WAIVER AND CONSENT TO EXERCISE A FIRST OPTION TERM FOR LEASE WITH LIGHTHOUSE DAYCARE FOR CITY OWNED PROPERTY LOCATED AT 8098 GLEN LANE IX. PUBLIC HEARINGS/MEETINGS A. WAGNER PROPERTY by Pemtom Land Company. Request for Planned Unit Development Concept Review on 6.5 acres; Planned Unit Development District Review with waivers on 6.5 acres; Zoning District Change from R1-22 to R1-13.5 on 6.5 acres and Preliminary Plat of 6.5 acres into 12 lots and road right of way on 6.5 acres. Location: 10841 & 10861 Blossom Road. (Resolution for PUD Concept Review, Ordinance for PUD District Review with waivers and Zoning District Change from Rural to R1-13.5; Resolution for Preliminary Plat) B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 9.60 RELATING TO THE USE OF LAKE WATERS (NO WAKE) C. RESOLUTION APPROVING SPECIAL ASSESSMENT FOR NUISANCE ABATEMENT ACTION FOR 19184 KRISTIE LANE CITY COUNCIL AGENDA March 31, 2015 Page 3 D. RESOLUTION APPROVING MODIFIED TAX INCREMENT FINANCING PLAN, DISTRICT NO. 16 AND AMENDMENT NO. 4 TO PROJECT MANAGEMENT AGREEMENT X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Mayor's Challense for Water Conservation (Resolution) B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. CLOSED SESSION FOR CITY MANAGER'S PERFORMANCE REVEIW XVII. ADJOURNMENT ANNOTATED AGENDA DATE: March 31, 2015 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, March 31, 2015 TUESDAY, MARCH 31, 2015 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. RECOGNITION OF TERRY PICHA FOR MINNESOTA COMMUNITY FORESTRY OUTSTANDING VOLUNTEER SERVICE AWARD Synopsis: The Minnesota Society of Arboriculture is a leader in community forestry within our state. Their purpose is to advance the education, science, technology and practice of arboriculture and community forestry, through awareness, appreciation and benefits to our residential tree communities. Jeff Cordes and Stuart Fox are long term members of this professional organization. Each year awards are given out to recognize the special efforts of cities, industry and individuals for their commitment to promoting trees and arboriculture within our state. This year Eden Prairie resident, Terry Picha, was nominated by Jeff Cordes for his volunteer efforts related to tree planting and care within Birch Island Woods Conservation Area. B. DONATION OF TRAILER FOR EDEN PRAIRIE PLAYERS AND EDEN PRAIRIE COMMUNITY BAND (Resolution) Synopsis: The Eden Prairie Community Band is an adult concert band consisting of over 60 volunteer musicians. They play about 10-12 concerts each year all around the metro area. This trailer will be used to stored and transport their equipment during the busy summer concert season. The Eden Prairie Players produce 4 shows a year. A summer musical, a winter play, a children's theater workshop and a collection of one act plays. The season is publicized with an annual season brochure. The trailer will be use during set build for the summer musical and the winter play. ANNOTATED AGENDA March 31, 2015 Page 2 MOTION: Move to adopt the Resolution accepting the donation in the amount of $2,000 from the Eden Prairie Lions Club for the purchase of a 6x12 trailer to support the Eden Prairie Community Band and the Eden Prairie Players theater programs. C. DONATION OF PICKLEBALL NETS (Resolution) Synopsis: The tennis/pickleball courts located at Pioneer Park are used daily in the spring, summer and fall. Pickleball nets are set up and taken down for a specific designated time. The nets that were at this location were showing signs of wear and the Southwest Pickleball group asked that they be replaced. Jerry Maas took it upon himself to purchase and donate the six nets. MOTION: Move to adopt the Resolution accepting the donation of six pickleball nets from Eden Prairie resident, Jerry Maas, at an approximate value of $240 to be used at Pioneer Park Tennis/ Pickleball Courts. D. ARBOR DAY PROCLAMATION Mayor Tyra-Lukens will read the proclamation. E. EDEN PRAIRIE GIVES WEEK PROCLAMATION Mark Weber, Executive Director of the Eden Prairie Community Foundation, will be on hand to accept the proclamation and make brief remarks. F. MINNESOTA SAFE DIGGING MONTH PROCLAMATION A representative from CenterPoint Energy will be on hand to make brief remarks. G. COMMUNITY SURVEY RESULTS Dr. Tom Miller from NRC will present the survey results. 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: ANNOTATED AGENDA March 31, 2015 Page 3 A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 3, 2015 B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 3, 2015 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-J on the Consent Calendar. A. CLERK'S LICENSE LIST B. O'REILLY AUTO PARTS STORE by C.M. Architecture, P.A. Second reading of the Ordinance for Planned Unit Development Review with waivers on .83 acres and Zoning District Review in the C-Com Zoning District on .83 acres.Location: 8868 Aztec Drive. (Ordinance for PUD District Review with waivers and Zoning District Amendment; Resolution for Site Plan Review) C. APPROVE PURCHASE OF NG-911 PHONE DISPATCH SYSTEM FROM INDEPENDENT EMERGENCY SERVICES LLC D. AWARD THE CONTRACT FOR RECONFIGURATION OF ELECTRICAL SWITCHGEAR AND CONNECTION OF STANDBY GENERATOR FOR THE CITY CENTER BUILDING TO PRAIRIE ELECTRIC E. APPROVE CONTRACT WITH REPUBLIC SERVICES FOR ANNUAL CITY DROP OFF DAY F. ADOPT RESOLUTION AWARDING CONTRACT FOR PIONEER TRAIL LANDSCAPE PROJECT TO AUTUMN RIDGE LANDSCAPING G. APPROVE PURCHASE OF NEW SIGN MAINTENANCE SERVICE TRUCK H. APPROVE GRANT AGREEMENT WITH METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES FOR MONITORING AND MAINTENANCE OF RILEY CREEK WATER QUALITY MONITORING STATION I. APPROVE CONTRACT FOR PURCHASE AND INSTALLATION OF CAT 6 CABLE FOR CARD ACCESS AND IP CAMERA FOR THE COMMUNITY CENTER AQUATICS UPGRADE PROJECT J. APPROVE AGREEMENT OF WAIVER AND CONSENT TO EXERCISE A FIRST OPTION TERM FOR LEASE WITH LIGHTHOUSE DAYCARE FOR CITY OWNED PROPERTY LOCATED AT 8098 GLEN LANE ANNOTATED AGENDA March 31, 2015 Page 4 IX. PUBLIC HEARINGS /MEETINGS A. WAGNER PROPERTY by Pemtom Land Company. Request for Planned Unit Development Concept Review on 6.5 acres; Planned Unit Development District Review with waivers on 6.5 acres; Zoning District Change from R1-22 to R1-13.5 on 6.5 acres and Preliminary Plat of 6.5 acres into 12 lots and road right of way on 6.5 acres. Location: 10841 & 10861 Blossom Road. (Resolution for PUD Concept Review, Ordinance for PUD District Review with waivers and Zoning District Change from Rural to R1-13.5; Resolution for Preliminary Plat) Official notice of this public hearing was published in the March 19, 2015, Eden Prairie News and sent to 150 property owners. Synopsis: This development proposes the creation of 12 single family lots. The gross density of the project is 1.85 units per acre. Waivers from the minimum lot width at the Right of Way line are being requested. Granting of the waivers provide for a subdivision design that utilizes through street connections and eliminates the use of cul-de-sacs. The following waivers from the minimum lot width at Right of Way Line are requested: Lot 3, Block 2 from 85 feet to 80 feet. Lot 4, Block 2 from 85 feet to 78 feet. Lot 5, Block 2 from 85 feet to 82 feet. Lot 6, Block 2 from 85 feet to 72 feet. Lot 7, Block 2 from 85 feet to 75 feet. Lot 8, Block 2 from 85 feet to 76 feet. The 120-Day Review Period Expires on May 13, 2015. The Planning Commission voted 6-0 to recommend approval of the project at the February 23, 2013 meeting. MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 6.5 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 6.5 acres; and • Adopt the Resolution for Preliminary Plat on 6.5 acres into 12 lots; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. ANNOTATED AGENDA March 31, 2015 Page 5 B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 9.60 RELATING TO THE USE OF LAKE WATERS (NO WAKE) Official notice of this public hearing was published in the January 29, 2015, Eden Prairie News and sent to 154 property owners. Synopsis: City Code Section 9.60 is being amended to incorporate Slow-No Wake guidelines and procedures for three local lakes, Riley, Staring and Bryant. Minnesota Rules gives cities the authority to adopt ordinances that regulate watercraft speeds on lakes within its jurisdiction. The City is proposing to adopt rules establishing maximum watercraft speed limits that are based upon specific lake water elevations. An ordinance adopting speed regulations shall provide for their enforcement and prescribe penalties for noncompliance. However, before adopting ordinances the City must submit them to the Commissioner of the Department of Natural Resources (DNR) for review and approval. The procedure for gaining DNR approval begins with the City holding a public hearing on the proposed ordinance. After the public hearing the City must submit the proposed ordinance, a record of the public hearing comments, and additional related to the lakes to the DNR. After receiving all of the required information the DNR has 120 days to approve or deny the proposed ordinance. Upon approval the City may adopt the ordinance in the same manner it adopts all other ordinances. After adoption the City must provide notification to the public including placement of a sign at each public watercraft launching facility outlining essential elements of the ordinance. Bryant and Staring are under City Council authority for prescribing and implementing restrictions. However, Riley Lake shares jurisdiction with Chanhassen so implementation would require concurrence or potentially a Joint Powers Agreement with them. Two comments have been received to date: (1) The City of Chanhassen has requested that the City use the 100-year flood elevation rather than the Ordinary High Water Level for placement of the speed limits. Based on review of the historic data for the lake this is a reasonable modification. (2) One resident on Lake Riley has a float plane and has requested an exemption for float planes. Taxi speeds are less than 5 mph and the wake that would be generated would be in the open area, where the wake generated is minimal. Frequency of use is low. Without an exemption they would be stranded during the time that no wake restrictions are in place. MOTION: Move to: • Close the Public Hearing; and • Approve First Reading of an Ordinance Amending City Code Section 9.60 relating to the use of lake waters ANNOTATED AGENDA March 31, 2015 Page 6 C. RESOLUTION APPROVING SPECIAL ASSESSMENT FOR NUISANCE ABATEMENT ACTION FOR 19184 KRISTIE LANE Official notice of this public hearing was published in the March 12, 2015, Eden Prairie News and sent to one property owner. Synopsis: The City commenced litigation against the mortgagee and record owners of real property commonly known as 19184 Kristie Lane, Eden Prairie, MN (the "Property"). The City sought an order from the Court ordering the mortgage and record owners to abate the nuisances that existed on the Property, or allow the City to enter the Property, abate the nuisances, and assess the Property for the City's costs related to the same. The City incurred costs for nuisance abatement in the amount of$13,057.00 through February 4, 2015. The Property has been vacant for over two years. The record owners of the Property, John and Brenda Miller, abandoned the Property and disclaimed any interest therein. The mortgagee of record, The New York Bank Mellon (the "Bank"), has been paying the taxes on the Property. Since the abandonment, the City issued a citation noting multiple code violations and received complaints, from residents regarding the condition of the Property. The City Council adopted Resolution No. 2014-83 declaring the conditions on the Property to be public nuisances and ordered the abatement of the same by November 1, 2014, or the City would file an action with the District Court. The nuisances were not abated by November 1, 2014 and the City Attorney commenced action in Hennepin County District Court. The City obtained an order from the Court ordering that the Bank abate the nuisances on the Property to the City's satisfaction within 60 days or upon written Affidavit from the City Attorney, the City may enter the Property, abate the nuisances, and assess costs incurred related to the same. MOTION: Move to: • Close the public hearing; and • Adopt the Resolution approving the Special Assessment for Nuisance Abatement Action for 19184 Kristie Lane D. RESOLUTION APPROVING MODIFIED TAX INCREMENT FINANCING PLAN, DISTRICT NO. 16 AND AMENDMENT NO. 4 TO PROJECT MANAGEMENT AGREEMENT Official notice of this public hearing was published in the January 8, 2015, Eden Prairie News. The hearing was continued from the January 20, 2015, City Council meeting. Synopsis: Tax Increment Financing District No. 16 was established in 1999 in order to provide 140 affordable housing units to tenants living at Lincoln Parc for a term of 15 years. The City, the HRA, and the developer, Lincoln Parc Apartments, LLC, have agreed to extend the term of the affordable units through the year 2027, ANNOTATED AGENDA March 31, 2015 Page 7 or 25 years from when the first tax increment was collected from the district, which is the maximum allowed by statute. The Modified TIF Plan for District No. 16 increases the budget for the District to facilitate reimbursement of additional developer-incurred project costs associated with continuing to provide the affordable units for the full 25-year term. Lincoln Pare is a 186-unit apartment building located on Singletree Lane near the intersection of Flying Cloud Drive. The project is part of Tax Increment Financing District No. 16 created in 1999 to help subsidize 20% of the total units for tenants with incomes below 50% of the median income for the metro area, and 55% of the total units for tenants with incomes below 80% of the median income for the metro area. MOTION: Move to: • Close the public hearing; and • Adopt Resolution Approving Modified Tax Increment Financing Plan, District No. 16, Amendment No. 4 to Project Management Agreement, and Second Amendment to Community Development Block Grant Loan Documents X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Mayor's Challense for Water Conservation (Resolution) Synopsis: The attached resolution is a commitment from the City of Eden Prairie to once again support water conservation efforts by encouraging residents to participate in the Mayor's Challenge for Water Conservation from April 1 to April 30, 2015. MOTION: Move to adopt the resolution supporting the Mayor's Challenge for Water Conservation. B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR ANNOTATED AGENDA March 31, 2015 Page 8 F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS HRA MEETING HRA I. ROLL CALL/CALL THE HRA MEETING TO ORDER HRA II. APPROVE MINUTES OF HRA MEETING HELD ON JANUARY 20, 2015 MOTION: Move to approve minutes of the HRA meeting held January 20, 2015. HRA III. ADOPT RESOLUTION ADOPTING MODIFIED TAX INCREMENT FINANCING PLAN FOR DISTRICT NO. 16 (LINCOLN PARC APARTMENTS) Synopsis: Tax Increment Financing District No. 16 was established in 1999 in order to provide 140 affordable housing units to tenants living at Lincoln Parc for a term of 15 years. The City, the HRA, and the developer, Lincoln Parc Apartments, LLC, have agreed to extend the term of the affordable units through the year 2027, or 25 years from when the first tax increment was collected from the district, which is the maximum allowed by statute. The Modified TIF Plan for District No. 16 increases the budget for the District to facilitate reimbursement of additional developer-incurred project costs associated with continuing to provide the affordable units for the full 25-year term. Lincoln Parc is a 186-unit apartment building located on Singletree Lane near the intersection of Flying Cloud Drive. The project is part of Tax Increment Financing District No. 16 created in 1999 to help subsidize 20% of the total units for tenants with incomes below 50% of the median income for the metro area, and 55% of the total units for tenants with incomes below 80% of the median income for the metro area. MOTION: Move to adopt the Resolution Adopting Modified Tax Increment Financing Plan, District No. 16. HRA IV. ADJOURNMENT to adjourn the HRA. ANNOTATED AGENDA March 31, 2015 Page 9 COUNCIL MEETING XVI. CLOSED SESSION FOR CITY MANAGER'S PERFORMANCE REVEIW XVII. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations March 31, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.A. Stuart Fox, Parks and Natural Recognize Terry Picha for being awarded the Resources Manager 2015 Minnesota Community Forestry Outstanding Volunteer Service Award Synopsis The Minnesota Society of Arboriculture is a leader in community forestry within our state. Their purpose is to advance the education, science, technology and practice of arboriculture and community forestry, through awareness, appreciation and benefits to our residential tree communities. Jeff Cordes and Stuart Fox are long term members of this professional organization. Each year awards are given out to recognize the special efforts of cities, industry and individuals for their commitment to promoting trees and arboriculture within our state. This year Eden Prairie resident, Terry Picha, was nominated by Jeff Cordes for his volunteer efforts related to tree planting and care within Birch Island Woods Conservation Area. Here are a few highlights from that nomination form: • As a member of the volunteer group "Friends of Birch Island Woods" (FBIW), Terry has helped with the planning and planting of three restoration planting projects since 2010. He has coordinated this work with city staff and even used his own equipment to prepare the designated sites for planting. He and his family were always on hand to assist with planting the new trees. • Terry helped organize the neighbors to make sure that the new plantings were watered throughout each spring/summer/fall. When drought and deer damage caused a few trees to die, Terry and his son removed the dead trees, bought replacement trees and planted them. • Terry, his son and a few members of the Friends of Birch Island Woods (FBIW) also installed protective fencing to prevent additional tree and shrub damage for the three planting projects within the conservation area. For recognition of his volunteer efforts and dedication to planting and caring for native trees at the Birch Island Woods Conservation Area, Terry was awarded the 2015 Outstanding Volunteer Service Award on March 17'h by the Minnesota Society of Arboriculture at its annual awards banquet. CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentation March 31, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: W.B. Jay Lotthammer, Director, Eden Prairie Community Band and Eden Parks and Recreation Prairie Players Donation from Eden Prairie Lions Club for Purchase of a Trailer Requested Action Move to: Adopt the Resolution accepting the donation in the amount of$2,000 from the Eden Prairie Lions Club for the purchase of a 6x12 trailer to support the Eden Prairie Community Band and the Eden Prairie Players theater programs. Synopsis The Eden Prairie Community Band is an adult concert band consisting of over 60 volunteer musicians. They play about 10-12 concerts each year all around the metro area. This trailer will be used to stored and transport their equipment during the busy summer concert season. The Eden Prairie Players produce 4 shows a year. A summer musical, a winter play, a children's theater workshop and a collection of one act plays. The season is publicized with an annual season brochure. The trailer will be use during set build for the summer musical and the winter play. Background The Eden Prairie Community Band was founded with 23 players in 1973 by Mr. Emmet (Em) Stark. The purpose of the Eden Prairie Community Band is to entertain the people of Eden Prairie and surrounding communities, while fostering and promoting the community band experience by providing a means for adult musicians to play for their mutual enjoyment and musical growth. The Eden Prairie Players, a program of the Parks and Recreation Department, have been producing theater in Eden Prairie since 1992. The mission is to enhance the quality of life for the community of Eden Prairie through: • Inspiring and nurturing theater opportunities for artists and volunteers, and; • Entertaining and challenging theater experiences for audiences. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of$2,000 to be used for the Eden Prairie Community Band and the Eden Prairie Players Community Theater Program at the city of Eden Prairie from the Eden Prairie Lions Club is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 31st day of March, 2015. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentation March 31, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: W.C. Jay Lotthammer, Director, Donation of Pickleball Nets Parks and Recreation Requested Action Move to: Adopt the Resolution accepting the donation of six pickleball nets from Eden Prairie resident, Jerry Maas, at an approximate value of$240.00 to be used at Pioneer Park Tennis/Pickleball Courts. Synopsis The tennis/pickleball courts located at Pioneer Park are used daily in the spring, summer and fall. Pickleball nets are set up and taken down for a specific designated time. The nets that were at this location were showing signs of wear and the Southwest Pickleball group asked that they be replaced. Jerry Maas took it upon himself to purchase and donate the six nets. Background About five years ago, the tennis court at Pioneer Park received additional lines to provide pickleball play. The nets were the original nets purchased by the Park and Recreation Department at that time. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City of six pickleball nets at an approximate value of$240.00 from Jerry Maas is hereby recognized and accepted by the Eden Prairie City Council. The nets will be placed at Pioneer Park Tennis/Pickleball Courts ADOPTED by the City Council of the City of Eden Prairie this 31st day of March, 2015. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk ITEM NO.: IV.D. PROCLAMATION ARBOR DAY - MAY 29 2015 WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees; and WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for homes, fuel for our fires and countless other wood products; and WHEREAS, trees, whenever they are planted, are a source of joy and spiritual renewal; and WHEREAS, Eden Prairie has been recognized as a Tree City USA by the National Arbor Day Foundation and desires to continue its tree planting ways. NOW, THEREFORE, I, Nancy Tyra-Lukens, Mayor of the City of Eden Prairie, Minnesota, do hereby proclaim May 2, 2015, as Arbor Day in the City of Eden Prairie, and urge all citizens to support efforts to protect our trees and woodlands and to support our city's urban forestry program; and FURTHER, I urge all citizens to plant trees to gladden the hearts and promote the well being of present and future generations. ADOPTED by the Eden Prairie City Council on March 31, 2015. Nancy Tyra-Lukens, Mayor ITEM NO.: IV.E. CITY OF EDEN PRAIRIE PROCLAMATION "EP GIVES WEEK"-APRIL 19-25, 2015 WHEREAS, throughout Eden Prairie's history,residents and businesses have banded together, pooled resources,raised funds, and encouraged giving to support a number of important causes invaluable to the community's well-being; and WHEREAS, these efforts have left an indelible impact on the quality of life in Eden Prairie, resulting in the creation of non-profits, service clubs, and other organizations that on a daily basis uplift the community in charity and philanthropy; and WHEREAS, the enduring work and legacy of these organizations, their members, and their employees have touched many thousands—and even multiple generations—of Eden Prairie citizens; and WHEREAS, these philanthropic and charitable-giving efforts have demonstrated the power that "giving back to the community"has in creating positive change, improving lives, adding amenities, and supplementing all that is provided by our city and school institutions; and WHEREAS,this effort to care for, nourish, develop, and enhance Eden Prairie's quality of life teaches its children about philanthropy and the value of neighbor helping neighbor; and WHEREAS,we can be grateful to the philanthropic individuals and organizations who have contributed so much to our social needs, our cultural life, the improvement of Eden Prairie, and the spirit of community. NOW,THEREFORE,BE IT RESOLVED that April 19-25, 2015 be proclaimed"EP Gives Week" in Eden Prairie in recognition of and gratitude for the work of non-profits, service clubs, other community-minded organizations, and individuals whose spirit of philanthropy, charitable giving, and volunteerism make Eden Prairie a great place to live, work, and play. Nancy Tyra-Lukens, Mayor ITEM NO.: IVY. PROCLAMATION SAFE DIGGING MONTH IN MINNESOTA WHEREAS, each year, Minnesota's underground utility infrastructure is jeopardized by unintentional damage by those who fail to call 811 to have underground lines located prior to digging. Undesired consequences such as service interruption, damage to the environment and personal injury and even death are the potential results; and WHEREAS, Gopher State One Call promotes 811, the national Call-Before-You-Dig number, which provides professional excavators and homeowners a simple number to reach Gopher State One Call to request utility line locations at the intended dig site; and WHEREAS, through education of safe digging practices, professional excavators and homeowners can save time and money keeping Minnesota safe and connected by making a simple call to 811 in advance of any digging project; waiting the required amount of time; respecting the marked lines by maintaining visual definition throughout the course of the excavation; and finally, digging with care around the marks; and WHEREAS, Gopher State One Call serves the citizens of Minnesota at no cost to taxpayers spreads the message that safe digging is a shared responsibility and "To know what's below; Call 811 before you dig". NOW, THEREFORE, the Eden Prairie City Council, does herby proclaim the month of April, 2015 as: SAFE DIGGING MONTH IN MINNESOTA FURTHER, we encourage excavators and homeowners throughout Minnesota to always call 811 before digging. Safe digging is no accident. ADOPTED by the Eden Prairie City Council on March 31, 2015. Nancy Tyra-Lukens,Mayor UNAPPROVED MINUTES ITEM NO.: VLA. CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, MARCH 3, 2015 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 H I. SWLRT STATION DESIGN AND PUBLIC ART Station Desiizn Southwest LRT Project Office objectives for station design include: • Ensuring architectural consistency with the Green Line • Controlling construction and maintenance costs • Acknowledging design preferences of communities on the line • Identifying the appropriate station type for each location based on public input and site characteristics Four station types are proposed: Landscape, Neighborhood, Town Square and Landmark. The project office considers the landscape design to be the most understated and the landmark design to be the boldest. Landscape Neighborhood Town Square Landmark City Council Workshop Minutes March 3, 20I5 Page 2 Each station floor plan includes the following elements: • Benches • Communication/electrical cabinet • Ticket vending machines • Information kiosk • Leaning rail • Stored value validator • Trash and recycling receptacles • Message sign • Security camera Integrated Public Art The project office is incorporating public art concepts into the ongoing station design process. The integrated public art will enhance the unique identity of each station, aid in wayfinding, promote transit use and community pride, and reflect community values and history. Station elements that can be modified as part of the design are the canopies,platforms, structure infills and railings. Materials and colors can also vary. The Metropolitan Council has issued an RFP for station artists and is assisting in the selection of the artist for each station. Recreation Supervisor Lindsey Danhauser said one artist has been chosen for Eden Prairie so far. Jeremiah said there will likely be at least two artists for Eden Prairie stations since each is currently working on a maximum of two stations. An Eden Prairie Art Committee, consisting of 6 to 8 community members with art expertise, is being formed. Staff has compiled a list of area residents who will be invited to join the committee. The committee will be involved in providing feedback on the station plans, design elements, materials, colors and public art. Jeremiah said Eden Prairie is also applying for an NEA grant that would provide funds for integrating art into the station areas and immediate vicinity. HKGi and Oslund Associates have been chosen to coordinate with the project office on the station design process. The design process for Eden Prairie's five stations will include City Council input, a design charette (tentatively scheduled for March 24), stakeholder feedback, and an ongoing public process. Jeremiah said staff sees three types of designs for Eden Prairie's five stations: a Corporate Office design for Mitchell and City West stations, a Town Center design for Southwest Station and Town Center stations, and an Industrial Tech for the Golden Triangle station. Jeremiah showed examples of elements that could be included in the designs. City Council Workshop Minutes March 3, 2015 Page 3 Discussion Mayor Tyra-Lukens asked if the four station designs fit with the three types of stations staff envisions for Eden Prairie. Jeremiah said she thinks the three station types would work with any of the proposed designs. Tyra-Lukens asked if the project office sees the two Corporate Office stations as landmark stations. Jeremiah said that is still being talked through. Tyra-Lukens said she does not want to lose site of the fact that the City West Station area includes residents that may want to walk or bike to the station. She would like to see benches and bike racks at this station. Council Member Aho asked if there is a cost differential for the four different station designs. A representative of the project office said they are cost neutral. Tyra-Lukens asked if inclusion of the Eden Prairie logo or the entry monument designs into the station designs has been considered. Jeremiah said the process of identifying the overall characteristics that will be incorporated has just begun. Tyra-Lukens said the entry monument designs are well thought out, and it would make sense to incorporate them into the station designs. Case said he would like to see the same basic design used for each of Eden Prairie's stations, with unique elements being incorporated into each station design or perhaps an Eden Prairie brand used for all five of the stations. Aho said it is important that each station to fit into the area in which it is located. Case noted that all of the station areas have a mix of uses. Case said he does not favor one station design over another, but feels it is more important to make the stations uniquely Eden Prairie and to incorporate our community's history in the design. Tyra-Lukens asked if freestanding art is a possibility, and whether or not bike racks can be art. Parks and Recreation Director Jay Lotthammer said it is his understanding that both can be added into the mix at this point. Project Updates Public Works Director Robert Ellis said the Southwest LRT project is currently up against seven other projects of varying sizes throughout the U.S. A new application is being prepared by the project office, and they have received word that the project is currently classified as medium to medium-high priority. Ellis said the project office hopes to start construction in 2016, and they would like to have 50 percent of the project's funding could be in place by that time. City Council Workshop Minutes March 3, 2015 Page 4 Open Podium II. OPEN PODIUM A. POINT OF SALE ORDINANCE 1. PAT FUCILE Fucile said she lives on Homestead Circle. She said she has many issues with the proposed Point of Sale Ordinance. She asked if the ordinance is supposed to keep values from declining. She asked what will happen to people who are unable to afford to fix items identified during an inspection. She said many buyers pay to have private inspections. She said there is also no guarantee of the quality of City-mandated inspections, and they may result in a decrease in home sales. 2. SHEILA KIHNE Kihne said she read an article that said the City's goal was not to infringe on buyers or sellers but to maintain community standards of"our" buildings. She went on to say, "My house is not your house." She said she was shocked the ordinance would come to this. She said she was informed the City would be shelving the proposed ordinance tonight. She asked that the City Council take a vote,because voters want to know where they stand on this. She said it is not partisan. No one wants it. B. LRT 1. DONNA AZARIAN Azarian said she is a 22-year resident of Eden Prairie. She asked why the City is supporting the "unattractive light rail project." She said the project is part of the Kyoto Protocol plan, which incidentally was never ratified by the U.S. Congress. She noted that Mayor Tyra-Lukens signed on as a "cool mayor" who was in favor of the Kyoto Protocol. Azarian said if the Point of Sale Ordinance is passed it will open the door for the City to require homeowners to conform to the energy efficiency mandates called for in the Kyoto Protocol, which is based on unsound science. C. RED ROCK AND MITCHELL LAKES AQUATIC VEGETATION MANAGEMENT STUDY 1. BILL SATTERNESS Satterness said he is a member of the Friends of Red Rock Lake. He noted that no one from the group was present at the City Council Workshop to comment on the report on aquatic vegetation management. He said the report is a great baseline,but he is concerned that there may be City Council Workshop Minutes March 3, 2015 Page 5 inaccuracies and omissions. He said he has not seen the City's plan in writing yet,but he understands it calls for harvesting a 10-acre area twice a year. He said Friends of Red Rock Lake wants harvesting at different areas of the lake, and he believes the DNR allows that. They also want navigation channels to be maintained. He said Friends of Red Rock Lake is preparing a position statement that will be forwarded to the City Council. III. ADJOURNMENT ITEM NO.: VLB. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MARCH 3, 2015 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, City Attorney Ric Rosow, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 PM. Council Members Butcher Wickstrom and Nelson were absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS A. DONATION FROM EDEN PRAIRIE SMILES (Resolution 2015-31) Lotthammer thanked Eden Prairie Smiles for their donation of$5,000 for Park and Recreation special events. He noted their donation will be recognized as a platinum sponsor at several events during the coming year. MOTION: Aho moved, seconded by Case, to adopt Resolution 2015-31 accepting the donation from Eden Prairie Smiles for$5,000 for Parks and Recreation special events. Motion carried 3-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Aho added Item XIV.A. 1. Case added Item XI V.A.2. Getschow said Item IX.A. will be postponed to allow time for the proponent to work out details of their project. That item should not be included in tonight's agenda. MOTION: Aho moved, seconded by Case, to approve the agenda as amended. Motion carried 3-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 17, 2015 MOTION: Aho moved, seconded by Case, to approve the minutes of the Council workshop held Tuesday, February 17, 2015, as published. Motion carried 3-0. B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 17, 2015 MOTION: Case moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, February 17, 2015, as published. Motion carried 3-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. AMEND PUD AND DEVELOPMENT AGREEMENT FOR THE APARTMENTS AT CITY WEST by City of Eden Prairie. Second reading of Ordinance 2-2015-PUD-1-2015 for Planned Unit Development Amendment with waivers on 13.5 acres and Zoning District Amendment on 13.5 Location: 6418, 6425 and 6434 City West Parkway. (Ordinance No. 2-2015-PUD-1-2015 for PUD District Amendment with waivers and Zoning District Amendment in the RM-2.5 Zoning District) C. AWARD CONTRACT FOR RELOCATION AND CONSTRUCTION OF NEW GARDEN ROOM ENTRANCE ON MAIN FLOOR OF THE CITY CENTER BUILDING TO GARDNER BUILDERS D. AWARD CONTRACT FOR 2015 STREET SWEEPING TO RELIAKOR SERVICES, INC. E. APPROVE A CONTRACT WITH ELECTRICAL INSTALLATION AND MAINTENANCE COMPANY TO UPGRADE ELECTRICAL EQUIPMENT IN WELLS NO. 11 AND NO. 13 F. APPROVE CHANGE ORDER NO. 2 FOR SHADY OAK ROAD NORTH G. ADOPT RESOLUTION NO. 2015-32 APPROVING PARTICIPATION OF HENNEPIN COUNTY HOUSING AUTHORITY IN EDEN PRAIRIE AFFORDABLE HOUSING PROJECTS (7004 SPRING HILL CIRCLE) H. APPROVE COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY HOUSING AND REDEVELOPMENT AUTHORITY TO FURTHER THE GOALS OF THE SOUTHWEST CORRIDOR INVESTMENT FRAMEWORK MOTION: Aho moved, seconded by Case, to approve Items A-H of the Consent Calendar. Motion carried 3-0. IX. PUBLIC HEARINGS/MEETINGS A. HIGH POINT AT RILEY CREEK 2�by DR Horton. Request for Zoning District Change from Rural to R1-13.5 on 5.35 acres and Preliminary Plat into 10 lots, 3 out lots and road right of way on 5.35 acres. Location: 16540 Beverly Drive. (Ordinance for Zoning District Change from Rural to R1-13.5; Resolution for Preliminary Plat) (Item removed from agenda) B. 2015 CDBG FUNDING RECOMMENDATIONS (Resolution No. 2015-33) Getschow said this item is an annual event to make recommendations and hold a public hearing about Community Development Block Grant(CDBG) funding allocations. The City's allocation for 2015 is $227,139, and seven programs are recommended to receive funding. Tyra-Lukens noted the CDBG program was initiated with bipartisan support to provide funding from the Federal government for anti-poverty and housing programs. The program gives the City the decision as to how to use the money. Deb Taylor, representing Household & Outside Maintenance for the Elderly (HOME), reviewed the HOME program that is designed to help residents remain in their homes. She thanked the Council for the funding. Tyra-Lukens asked how they promote their services to the community. Ms Taylor said they have redesigned their logo, there are articles in newsletters, and they market to the community through churches and senior events. Case asked if links to organizations funded by CDBG funds are put on our website. Getschow said the City does devote space on our website for some of the social agencies we provide funding for. Janet Palmer, Executive Director of PROP, assured the Council Members that PROP is in great shape. She thanked the Council for the CDBG funding and noted last year they were able to help 25 families avoid homelessness with this funding. A representative of the YMCA reviewed their before and after school programs. They also provide an option for full day programs when school is not in session and during the summer months. There currently are 771 participants in the program, including 269 students at their new locations at Oak Point and Eagle Heights. Christine Hart, representing CAPSH, reviewed their program and requested continued funding to support the vehicle repair program. She noted the vehicle repair program was used by 21 Eden Prairie households last year. Tyra-Lukens asked how long the funding lasts. Ms Hart said they go through the funding very quickly. Tyra-Lukens noted the partnership with some local auto repair places is great. MOTION: Case moved, seconded by Aho, to close the public hearing and to adopt Resolution 2015-33 approving the use of 2015 CDBG funds as recommended by the Eden Prairie Human Services Committee. Motion carried 3-0. X. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Aho, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Aho, Case, and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS A. RESCIND FIRST READING OF POINT OF SALE ORDINANCE Getschow said the City Council approved first reading of a Point of Sale inspection ordinance at the February 3 meeting. Staff is now asking that the Council rescind approval of the first reading of the ordinance. He said the goals and intent of the ordinance was to enhance the supply of safe housing, prevent the deterioration of our housing stock, and protect the welfare and safety of our residents. It became clear,however, that the program did not have the support of many community members nor that of the real estate community. The ordinance is probably not the best way to meet the goals at this time. Fire Chief Esbensen said during the 1990's the City began a drive to maintain certain minimum standards of housing in the City, and the Point of Sale ordinance was to be the next step in that program. We received a lot of feedback since first reading of the ordinance was enacted. It is obvious this is not the right time nor is it the right vehicle. He said staff will continue to work with the real estate community to get input from them. We do want to have a goal of maintaining the housing stock, and there may be a creative way of doing that somewhere down the line. Tyra-Lukens asked if we are rescinding both parts of the ordinance or one. Rosow said there is only one part of the ordinance. Comments made about two parts may have been referring to first and second reading of the ordinance; however, the Council has only passed first reading so only approval to rescind the first reading is necessary. Getschow said there have been many occasions where the first reading of ordinances occurs but they do not come back for second reading or are delayed for some time. We could have chosen to simply not have the item come back for second reading, but we decided to bring it back and rescind it. MOTION: Aho moved, seconded by Case, to rescind the approval of the first reading of an ordinance amending City Code Chapter 9 by adding Section 9.17 relating to Point of Sale inspections. Motion carried 3-0. Case said he has read many emails over the last couple of weeks that expressed a lot of heartfelt feelings and gave some good perspectives. The intent of the City Council and staff from the first day was to look at how we can protect the quality of this community and how to do our best for Eden Prairie and individual homeowners. Our housing stock is beginning to be of an age where we will worry about it. We know there are a few areas that are in need of maintenance and that might begin to bring down the whole neighborhood. We were trying to be proactive and do something to enhance and protect the quality of our housing stock; however, it appears this isn't the right time nor is this the right way. He noted we will have to do something over the next 10-15 years, so we will need to continue the conversation. XIII. APPOINTMENTS A. COMMISSIONS Getschow noted the Council conducted interviews for the open positions on the commission last week. He noted there were more applicants than positions this year. MOTION: Aho moved to appoint to the Conservation Commission Amanda Anderson, Leanne Ashley and Gena Gerard with terms ending March 31, 2018; Tyra-Lukens moved to appoint to the Flying Cloud Airport Advisory Commission Bob Barker, Kurt Schendel and Joseph Sutila with terms ending March 31, 2018, and Victoria Price with a term ending March 31, 2016; Case moved to appoint to the Heritage Preservation Commission Tara Kalar, Steven Olson and Paul Thorp with terms ending March 31, 2018; Aho moved to appoint to the Human Rights and Diversity Commission Sandra Filardo and Gregory Leeper with terms ending March 31, 2018; Tyra-Lukens moved to appoint to the Planning Commission Ed Farr and Travis Wuttke with terms ending March 31, 2018. Motion seconded by Case. Motion carried 3-0. B. BOARD OF APPEAL & EQUALIZATION Getschow said the Board of Appeal & Equalization is a group made up of members who have real estate expertise in Eden Prairie. The Board hears issues and appeals regarding property valuations. There are State laws regarding their training and appointment. There are three other members of the Board in addition to tonight's two appointees. Tyra-Lukens asked if the Board meets for about three months each year. Getschow replied they typically have two meetings each year. MOTION: Aho moved, seconded by Case, to appoint to the Board of Appeal and Equalization Nate Thompson and Denise Kraemer for the period of March 1, 2015, through May 31, 2015, or until the Board of Appeal and Equalization completes its work. Motion carried 3-0. C. BOARD & COMMISSION CHAIRS AND VICE CHAIRS Getschow said every year the Council also appoints the Chair and Vice Chair of each Commission. MOTION: Case moved to appoint Lyndon Moquist- Chair and Annette O'Connor- Vice Chair of the Board of Appeal & Equalization; Tyra-Lukens moved to appoint Greg Olson - Chair and Laura Jester- Vice Chair of the Conservation Commission; Aho moved to appoint Keith Tschohl- Chair and Caryl Hansen - Vice Chair of the Flying Cloud Airport Advisory Commission; Case moved to appoint Steven Olson - Chair and Ed Muehlberg - Vice Chair of the Heritage Preservation Commission; Tyra-Lukens moved to appoint Sandra Filardo - Chair and PG Narayanan - Vice Chair of the Human Rights and Diversity Commission; Aho moved to appoint Larry Link - Chair and Deborah McBride - Vice Chair of the Parks, Recreation and Natural Resources Commission; Case moved to appoint Jon Stoltz - Chair and John Kirk - Vice Chair of the Planning Commission. Motion seconded by Aho. Motion carried 3- 0. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Multiple Myeloma Awareness Month - Council Member Aho Council Member Aho said he was diagnosed last year with multiple myeloma. He provided some statistics about multiple myeloma, and said he wanted to make people aware that March is Multiple Myeloma Awareness month. 2. Concerns with the New Watershed District Rules - Council Member Case Case said an issue came up this week that illustrates a concern he has had in the past with the new Riley-Purgatory-Bluff Creek Watershed District rules. The City Council gave support to the expansion of parking at the Green Acres Event Center. A total of 14 government agencies were involved in getting approval to move the NURP pond slightly in order to expand the parking. The Riley-Purgatory-Bluff Creek Watershed District has now placed a $89,000 bond on the Green Acres property. He would like to hear from staff and the City Attorney about this situation. The owner of Green Acres did everything he could to get everyone on board, and then the watershed district came in and imposed the bond. He did not believe the watershed rules would be binding at this point. Rosow said in September he wrote an opinion memorandum as to whether the Riley-Purgatory-Bluff Creek Watershed District has authority to promulgate rules concerning use of water and land within the district. The conclusion was that a watershed district located wholly within the metropolitan area may directly regulate use of land and water within the watershed only under three criteria, one of which is that the local government does not have a properly approved and adopted water management plan. In this situation the other two criteria do not apply, and Eden Prairie has a properly approved and adopted local water management plan. Rosow said in December the watershed district adopted new rules. After the watershed's plan is adopted, the City has a period of time to adopt our new plan. We are in the process of preparing that plan and will submit the new plan to the watershed district and to the Met Council for their review and approval. His opinion last year was, until our new plan is submitted and reviewed, the watershed district does not have authority to implement its rules in Eden Prairie. Until such time as we submit a plan and adopt the appropriate amendments to our local controls we will still have a plan that is approved. He said his opinion has not changed since last year. In terms of what is next,he thought we ought to communicate our position to the watershed district, and we should discuss strategy and procedure with Mr. Getschow as to how we go about doing that. He noted by law permit fees are not designed to be money-making ventures, rather fees are meant to reimburse costs. Tyra-Lukens asked what happens if we reiterate our position and they hold firm on their interpretation. Rosow replied there are actions we could discuss doing if that came to be. As a city we have an interest in assuring that our rules are the ones that are in place. If another agency is not acting in conformance with our laws, there is recourse for that. Case asked if it would be appropriate for the Council Members to reach out and let the business owner know what we are doing. He would like that overture to be made to clarify the situation. Aho said it is very important for us to assure our businesses that the City is in control over development in Eden Prairie and are following the laws. Case commented all the City Council Members care about wetlands and water quality,but this is a small scale re-do that is being slapped at the last minute with a$89,000 bonding requirement for what the City is already going to do. Getschow said staff will be in contact with Green Acres and with the Riley- Purgatory-Bluff Creek Watershed District. B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Case moved, seconded by Aho, to adjourn the meeting. Motion carried 3-0. Mayor Tyra-Lukens adjourned the meeting at 7:52 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 31, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILA. 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 Private Kennel Temporary Liquor Kyle Mjoen Organization: Eden Prairie Noon Rotary 19001 Pleasantview Road Event: Rib Fest Date: June 7, 2015 Place: Staring Lake Amphitheater Raffle 14800 Pioneer Trail Organization: Eden Prairie Noon Rotary Place: Staring Lake Amphitheater 14800 Pioneer Trail Date: June 7, 2015 2015 Renewal Licenses Organization: Eden Prairie Ducks Unlimited Private Kennel Place: Bearpath Golf& Country Club Debra Wegler 18100 Bearpath Trail Date: April 17, 2015 Organization: North Star Women's Firefighter Association Place: Purgatory Creek Park 13001 Technology Drive Date: June 6, 2015 Organization: North Star Women's Firefighter Association Place: Bearpath Golf& Country Club 18100 Bearpath Trail Date: June 29, 2015 - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda March 31, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILB. Community Development/Planning O'Reilly Auto Parts Store Janet Jeremiah/Regina Rojas Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Review within the Community Commercial Zoning District on 0.83 acres; and • Approve Resolution for Site Plan Review on 0.83 acres; and • Approve the Development Agreement for O'Reilly Auto Parts Store. Synopsis This is final approval of the Development Agreement and plans for a 7,343 square foot retail auto parts store. Since the first City Council meeting, staff worked with the applicant to amend the plan to show additional proof of parking and additional landscaping. As a follow up, the arborvitae in the screening plan is a salt tolerant species. In the event that the screening and landscaping onsite should become dead or damaged, the city code does have a provision which requires the property owner to replace dead or damaged material. Background Information The 120-Day Review Period Expires on April 30, 2015. Attachments 1. Ordinance for PUD District Review 2. Summary Ordinance 3. Resolution for Site Plan Review 4. Development Agreement O'REILLY AUTO PARTS STORE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 3-2015-PUD-2-2015 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 Community Commercial Zoning District-2015-PUD-2-2015 (hereinafter "PUD-2-2015-C- COM). Section 3. The City Council hereby makes the following findings: A. PUD-2-2015-C-COM is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-2-2015-C-COM 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-2-2015-C-COM are justified by the design of the development described therein. D. PUD-2-2015-C-COM 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 March 31, 2015, 2015, entered into between O'Reilly Auto Enterprises, LLC, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-2-2015-C-COM, 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 Community Commercial District and shall be included hereafter in the Planned Unit Development 2-2015-C-COM, 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 20th day of January 2015, 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 31st day of March, 2015. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2015. EXHIBIT A PUD Legal Description — Lot 2, Block 1, BP Addition O'REILLY AUTO PARTS STORE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 3-2015-PUD-2-2015 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 8868 Aztec Drive within the Community Commercial 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 , 2015. (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR O'REILLY AUTO PARTS STORE BY O'REILLY AUTO ENTERPRISES, LLC WHEREAS, O'Reilly Auto Enterprises, LLC, has applied for Site Plan approval of O'Reilly Auto Parts Store to construct a retail auto parts store building,by an Ordinance approved by the City Council on March 31, 2015; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its December 8, 2014 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its January 20, 2015 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval is granted to O'Reilly Auto Parts Store based on the Development Agreement between O'Reilly Auto Enterprises, LLC and the City of Eden Prairie, reviewed and approved by the City Council on March 31, 2015. ADOPTED by the City Council of the City of Eden Prairie this 31st day of March, 2015. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk DEVELOPMENT AGREEMENT O'REILLY AUTO PARTS STORE THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of March 31, 2015, by O'Reilly Auto Enterprises, LLC, a limited liability company, hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS,Developer has applied to City for Planned Unit Development Concept Review on 0.83 acres, Planned Unit Development District Review with waivers on 0.83 acres, Zoning District Amendment within the Community Commercial Zoning District on0.83 acres, Site Plan Review on 0.83 acres, legally described on Exhibit A (the "Property"); 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 Amendment within the Community Commercial Zoning District on 0.83 acres,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 March 24,2015,reviewed and approved by the City Council on March 31, 2015, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the 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. EXTERIOR MATERIALS: Prior to building permit issuance,Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 6. 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 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 Development 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 1/2 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 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. Field verification of post-construction infiltration rates must be provided to the City within 30 days after the first rainfall event of one-half inch or greater following the Storm Water Infiltration Systems becoming operational. If the infiltration rates are reduced by construction, a plan to restore adequate infiltration must be provided within 90-days of the field test 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. 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 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 shallbe reseeded or replaced. After the two year period of maintenance,the Owner of the Property shall continue to 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,Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (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. 7. 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. 8. LANDSCAPE PLAN: Prior to building permit issuance,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 23 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. 9. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit, water meters, and standard heating, ventilating, and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If, after completion of construction of the mechanical equipment screening,it is determined by the City Planner,in his or her sole discretion,that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 10. OUTSIDE STORAGE: Developer shall not permit on the Property any outside storage including but not limited to outside storage of inoperable automobiles, automobile parts, equipment, inventory or refuse. 11. 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. 12. 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. 13. PROOF OF PARKING SPACES: Developer and City acknowledge that the 3 proof of parking spaces proposed for the Property,depicted in the Plans,are designated for use by the O'Reilly Auto Parts Store and that said spaces are not required to be constructed at this time. At such time as the City Manager,in his or her sole discretion,determines that it is necessary for all or a portion of the proof of parking spaces to be constructed in order to accommodate the use, the City Manager shall notify the Developer in writing of the need to construct additional proof of parking spaces. This notification shall include the number,location and timetable for construction of the additional proof-of-parking spaces. Developer shall comply with all requirements contained in the City Manager's notification. 14. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Community Commercial Zoning through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD (list PUD number): 1. Parking from 37 spaces to 33 parking spaces. City Code requires 5 parking stalls for every 1,000 square feet of gross floor area of a building this size. 2. Front yard setback for the recycling and trash enclosure to 10 feet along Aztec Drive. City Code requires 35 feet. Developer shall provide additional screening within the setback in or to minimize the impact of this waiver. The plans for the additional screening shall be submitted to and approved in writing by the City Planner prior to issuance of any building permit for the Property. 15. 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. 16. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast 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. 17. TRASH: Developer agrees that all trash, trash receptacles and recycling bins shall at all times be located inside of the building enclosures depicted on the Plans. 18. TRASH AND RECYCLING ENCLOSURE: Developer has submitted to the City Planner, and obtained the City Planner's written approval of a plan for the design and construction of the outside trash and recycling enclosure for the Property. This trash and recycling enclosure shall be constructed with face brick to match the building,include a roof, and heavy duty steel gates that completely screen the interior of the enclosure. Developer shall complete implementation of the trash and recycling enclosure plan prior to issuance of any occupancy permit for the Property. 19. TREE LOSS -TREE REPLACEMENT: There are 54 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 24 diameter inches. Tree replacement required is 14 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 14caliper inches. This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein, Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. 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 occupancy permit issuance. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE By 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 31St day of March,2015,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 O'Reilly Auto Enterprises, LLC By Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2015,by the of a 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 - O'REILLY AUTO PARTS STORE Lot 2, Block 1 BP Addition EXHIBIT B DEVELOPMENT AGREEMENT — O'REILLY AUTO PARTS STORE Plans: Certificate of Survey dated 09/16/14 by Anderson Passe & Associates Sheet C 1—Site Grading Plan dated 3/23/15 by MO Anderson Engineering Inc Sheet C2—Site Development Plan dated 3/23/15 by CM Architecture, P.A. Sheet C4Stormtech Details dated 11/05/14 by MO Anderson Engineering, Inc Sheet C5—Site Erosion Control Plan dated 3/23/15 by MO Anderson Engineering, Inc Sheet C6Stormwater Details dated 11/17/14 by MO Anderson Engineering, Inc Sheet L1Landscape Planting Plan dated 3/23/15 by CM Architecture, P.A. Sheet Al—Floor Plan dated 11/17/14 by CM Architecture, P.A. Sheet A3Exterior Elevations dated 11/17/14 by CM Architecture, P.A. Sheet SU1—Site Utilities Plan dated 3/23/15 by Smith Goth Engineering, Inc Sheet SP1—Site Photometric Plan dated 11/17/14 by Smith Goth Engineering, Inc EXHIBIT C DEVELOPMENT AGREEMENT - O'REILLY AUTO PARTS STORE I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1" =100' scale) showing existing and proposed contours,proposed streets,and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main, and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer,for itself,its successors,and assigns, shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: INSERT ANY NAME/COMPANY LISTED IN ANY OWNER'S SUPPLEMENT TO THE DEVELOPER'S AGREEMENT) With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval,Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601,et. seq.,or Minn. Stat.,Sec. 115B.01,et. seq. (such substances, wastes,pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property,any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss,costs,damage and expense,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used,employed,deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12,Subdivision Regulations,of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property (including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XL 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,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. XIH. Prior to building permit issuance,all fees associated with the building permit shall be paid to the Inspections Department,including;Building permit fee,plan check fee,State surcharge, metro system access charge(SAC),City SAC and City water access charge(WAC),and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance,provide two copies of an approved survey or site plan(1"_ 200 scale) showing proposed building location and all proposed streets,with approved street names, lot arrangements and property lines. XVL 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. XVIL 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. XVIH. 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. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the "Security")is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City;provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security, as appropriate,upon five (5)business days notice to the Developer,for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty(30)days prior to the expiration of the Security and if the Security has not then been renewed, replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. XXL 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. XXIL 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. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 31, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILC. George F. Esbensen, Fire Approve Purchase of NG-911 Phone Chief/Director of Emergency Dispatch System Preparedness Requested Action Move to: Approve purchase of NG-911 phone dispatch system from IES (Independent Emergency Services LLC) for$ 254,489.09 Synopsis Because the current 911 phone dispatch system is no longer supported, the Fire Department prepared specifications and sent out an RFP for the NG-911 phone system. Bids were received from two companies. The accepted bid is from IES. Money for this project comes from the E911 fund. Attachment Contract CONTRACT SERVICES AND LICENSING AGREEMENT This Agreement ("Agreement") is made on the I day of '--` - , 2015 , between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Independent Emergency Services, LLC a Minnesota Limited Liability Company (hereinafter "Contractor") whose business address is 235 Franklin St. SW, Hutchinson, MN 55350 Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision by Contractor of a dedicated next generation 9-1-1 system as set forth in the Specifications attached hereto and incorporated herein as Exhibit A and hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Contract Documents. The following constitute the contract documents: City of Eden Prairie Request for Proposals for Next Generation 9-1-1 System Issued_12/29/2015_,("RFP"); Contractor's Proposal in response to RFP; All addenda and amendments to the RFP and Proposal; and All vendor questions and all answers to such questions. (the contract documents.are referred to hereinafter collectively as "Exhibit A"). The Contract Documents are hereby incorporated With this Agreement and are as much a part of this Agreement as if fully set forth herein. The terms of this Agreement shall take precedence over any provisions of the Contractor's proposal and/or general conditions. 2. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work as set forth in Exhibit A: 3. Software License. a. License. The Contractor hereby grants the City and the City hereby accepts a perpetual, non-transferable and non-exclusive right to use the software described in Exhibit B ("Licensed Software") and related materials including User Reference Manuals,, Reports Manuals, Installation Planning Guides, Installation Instructions, On-Line Help, and Sample Database with Tutorials. 1.3The license granted herein authorizes the City to install the Licensed Software on up to 4 computers. Further, the City can make copies of the Licensed Software for safe keeping purposes, b. Warranties. i. Contractor warrants that it has the right to license the Licensed Software, and that there are no pending liens, claims, or encumbrances against the software. 42 ii. Contractor warrants that the software shall conform to its published specifications in Exhibit B, including, but not limited to, the Capabilities Summary, On-Line Help, Reports Manual, User Reference. Manual, and Training Tutorials. Contractor warrants that the software is merchantable, in that it will properly install and operate according to the specifications herein. III. Contractor warrants to the City that it is solvent, not in bankruptcy proceedings or receivership, nor is it engaged in any proceedings, which would have an adverse effect on its ability to perform its obligations under this Agreement. iv. Contractor warrants that there has been no violation of copyrights or patent rights in connection with the Licensed Software in this Agreement. Contractor shall indemnify and save harmless the City from any suit or proceeding brought against the City by reason of any such infringement or any wrongful use. Contractor will defend or settle any such claim, although the City shall be entitled to be independently represented by counsel of its own choice. c. Source Code. The Source Code for all Contractor application software, along with a list of licensed customers, is held in escrow by Iron Mountain . The source code held in escrow is updated after each software release. If Contractor defaults in providing software maintenance support due to company failure, or discontinuance of said service by Contractor or Contractor's bankruptcy, then the source code will be made available to the City within thirty days of written notice by the Escrow Agent. 4. Effective Date, This Agreement shall become effective as of 04/01 20 15 . The Vesta 911 System shall be installed and fully functional by 10/31/15 All training shall be complete by Within two (2) weeks of cutover. 5. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A and Exhibit B. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor's personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor's personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City's no smoking policies. e. Contractor must honor the City's request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. f. When necessary, Contractor's personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. 6. City's Obligations. City will door provide to Contractor the following; 43 a. Provide access to City properties as appropriate. b. Provide restroom facilities as appropriate. 7. Compensation for Services. City agrees to pay the Contractor a fixed sum of $ 254,489.09 , as full and complete payment for the labor, materials, services, and licenses rendered pursuant to this Agreement and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 8. Method of Payment. a. Contractor shall prepare and submit to City, upon completion of the Work, an itemized invoice setting forth Work performed under this Contract. The invoice shall be paid in the same manner as other claims made to the City. b. Claims. To receive any payment on the Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 9. Proiect Manager. The Contractor has designated John Olsen to Manage 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. Contractor may not remove or replace the designated manager without the approval of the City. 10. Standard of Care, Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 11. Condition and Inspection. All goods and other materials furnished under this Agreement shall be new and in current manufacture, unless otherwise specified, and all goods and work shall be of good quality, free from faults and defects and in conformance with this Agreement. All goods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor's expense. 44 12. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Agreement, from the date of City's written acceptance of the Work. The City's rights under the Contractor's warranty are not the City's exclusive remedy. The City shall have all other remedies available under this Agreement, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY'S REMEDY OR THE CONTRACTOR'S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The Contractor shall post bonds to secure the warranties. 13. Performance and Payment Bonds. The Contractor shall post a Performance and Payment Bond each in an amount equal to one hundred percent (100%) of the payments due Contractor to insure the prompt and faithful performance of this Agreement by Contractor and to ensure prompt payment to the subcontractor and suppliers of the Contractor. The Bonds shall be in a form approved by the City. Contractor shall provide the Bond to the City before commencing Work and together with the executed contract document. If the Performance and/or Payment Bond are not submitted as provided herein, this Contract shall be considered void. 14. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products — Completed Operations 45 Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. f. All policies shall apply on a "per project" basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies shall be primary and non-contributory. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Contractor's responsibility to pay any retention or deductible for the coverages required herein. I. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. 46 m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be .obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 15. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission 47 performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 16.Termination. a. This Agreement may be terminated at any time by either party for breach or non- performance of any provision of this Agreement in accordance with the following. The party ("notifying party") who desires to terminate this Agreement for breach or non-performance of the other party ("notified party") shall give the notified party notice in writing of the notifying party's desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non- performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City's premises any and all of Contractor's equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 17, Notice. Required notices to the Contractor shall be in writing, and shall be either hand- delivered to the Contractor, its employees or agents, or mailed to the Contractor by certified mail at the following address: Independent Emergency Services, LLC Attn:Communications consultant 235 Franklin St. SW Hutchinson, MN 55350 Notices to the City shall be in writing and shall be either hand-delivered or mailed to the City by certified mail at the following address: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 48 Notices shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 18. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 19. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 20. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as'defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. 21. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 22. 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 Agreement. The violation of this provision renders the Agreement void. 23. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination 49 of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 24. Rights and Remedies.. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties; obligations, rights and remedies otherwise imposed or available by law. 25. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 26. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 27, Mediation. Each dispute, claim or controversy arising from or related to this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties, The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 28. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 29. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 30. Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 31. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 32. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations 50 pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE CONTRACTOR By: � Mayor Its Manager City Manager 51 INDEP-11 OP ID: LP CERTIFICATE OF LIABILITY INSURANCE I DATE 02124/20/ YY) I 02/24/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IIMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT I Insurance Planners NAME: 201 Main Street South a/CC.NNo.Extl: A/C.No): I PO BOX 68 E-MAIL Hutchinson,MN 55350 ADDRESS: Jeff F Borkenhagen,CIC INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Continental Western Group 11053 INSURED Independent Emergency Services INSURER B:Liberty Surplus Insurance CorpPO I Box 279 INSURER C: Hutchinson,MN 55350 INSURER D INSURER E: I INSURER F: J COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IILTR I TYPE OF INSURANCE ANgR wvn POLICY NUMBER (SUBR MM/DDnYYYI (MM/DDn YYl LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 DAMAGE TO RENT D A X COMMERCIAL GENERAL LIABILITY X X RUP 2355165-32 10/04/2014 10/04/2015 PREMISES(Ea occurrence) $ 100,00 CLAIMS-MADE 7 OCCUR MED EXP(Anyone person) $ 5,00 PERSONAL&ADV INJURY $ 1,000,001 GENERAL AGGREGATE $ 2,000,00q GEN'L AGGREGATE LIMITAPPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,00q POLICY F X ,PjF O LOG $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,OODI (Ea accident) $ I A X ANY AUTO RUP2355165-32 10/04/2014 10/04/2015 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS (PER ACCIDENT) $ I X UMBRELLA OCCUR EACH OCCURRENCE $ 3,000,00q AEl EXCESS LIAB HCLAIMS-MADE RUP 2355165-32 10/04/2014 10/04/2015 AGGREGATE $ DED I X I RETENTION$ 0 $ WORKERS COMPENSATION X I TORY LATU- I I OER TH- AND EMPLOYERS'LIABILITY A ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N X WCA 2355167-32 10/04/2014 10/04/2015 E.L.EACH ACCIDENT $ 1,000,00 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,00 If yes,describe under ,,1 000 OODI DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B Professional Liab E05NAAPN68001 08h6/2014 10/04/2015 Per Occur 1,000,00 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,It more space Is required) the certificate holder is included as additional insured on a primary and non-contributory basis. A waiver of subrogation is also included in favor of the certificate holder CERTIFICATE HOLDER CANCELLATION EDENPRA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF EDEN PRAIRIE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 8080 MITCHELL ROAD,STE 212 EDEN PRAIRIE, MN 55344 AUTHORIZED REPRESENTATIVE I ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD Bond# 564917 * r * PERFORMANCE BOND * \ * The American Institute of Architects, * * AIA Document No.A312(December,1984 Edition) * * Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): OWNER(Name and Address): Independent Emergency Services,LLC City of Eden Prairie,Minnesota 235 Franklin St. SW 8080 Mitchell Road Hutchinson, MN 55350 Eden Prairie, MN 55344 CONSTRUCTION CONTRACT SURETY(Name and Principal Place of Business): Date: 02/23/2015 Old Republic Surety Company PO Box 1635 Amount: $257,164.09 Milwaukee, WI 53201 Description(Name and Location): Next Generation 9-1-1 System BOND Date(Not earlier than Construction Contract Date):02/24/2015 Amount: $257,164.00 Modifications to this Bond: IN None ❑ See Page 2 CONTRACTOR AS PRINCIPAL SURETY `"u J'\,\........... �.�11T; '�Qf convory� �o Company: (Corporate Seal) Company: ( ol SEAL 11) Independent Emergency Services, LLC Old Republic Surety Co pany I g Signature: Signature: Name and Title: L 1"20j, Name and Title: Linda C. Plepenburg,Attom Fact (Any additional signatures appear on page 2.) (FOR INFORMATION Only-Name, Address and Telephone) OWNER'S REPRESENTATIVE(Architect,Engineer or other AGENT or BROKER: Agent party): Insurance Planners of Hutchinson,Inc. 201 Main Street S. Hutchinson,MN 55350 1 The Contractor and the Surety,jointly and severally,bind them- 3.3 The Owner has agreed to pay the Balance of the Contract Price selves, their heirs, executors,administrators, successors and assigns to the Surety in accordance with the terms of the Construction to the Owner for the performance of the Construction Contract, which Contract or to a contractor selected to perform the Construction is incorporated herein by reference. Contract in accordance with the terms of the contract with the 2 If the Contractor performs the Construction Contract, the Surety and Owner. the Contractor shall have no obligation under this Bond, except to par- 4 When the Owner has satisfied the conditions of Paragraph 3,the ticipate in conferences as provided in Subparagraph 3.1. Surety shall promptly and at the Surety's expense take one of the 3 If there is no Owner Default/the Surety's obligation under this Bond following actions: shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its 4.1 Arrange for the Contractor with consent of the Owner,to address described in Paragraph 10 below that the Owner is con- perform and complete the Construction Contract;or sidering declaring a Contractor Default and has requested and 4.2 Undertake to perform and complete the Construction Contract attempted to arrange a conference with the Contractor and the itself,through its agents or through independent contractors;or Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. 4.3 Obtain bids or negotiated proposals from qualified contractors If the Owner,the Contractor and the Surety agree, the Contractor acceptable to the Owner for a contract for performance and com- shall be allowed a reasonable time to perform the Construction Con- pletion of the Construction Contract,arrange for a contract to be tract,but such an agreement shall not waive the Owner's right,if prepared for execution by the Owner and the contractor selected any, subsequently to declare a Contractor Default;and with the Owner's concurrence,to be secured with performance 3.2 The Owner has declared a Contractor Default and formally and payment bonds executed by a qualified surety equivalent to terminated the Contractor's right to complete the contract.Such the bonds issued on the Construction Contract,and pay to the Contractor Default shall not be declared earlier than twenty days Owner the amount of damages as described in Paragraph 6 in after the Contractor and Surety have received notice as provided excess of the Balance of the Contract Price incurred by the Owner in Subparagraph 3-1;and resulting from the Contractor's default; or ORSC 22119(10-93) Page'I of 2 4.4 Waive its right to perform and complete, arrange for completion, accrue on this Bond to any person or entity other than the Owner or Or obtain a new contractor and with reasonable promptness under its heirs,executors,administrators or successors. the circumstances: 8 The Surety hereby waives notice of any change, including changes .1 After investigation,determine the amount for which it may of time, to the Construction Contract or to related subcontracts, be liable to the Owner and,as soon as practicable after purchase orders and other obligations. the amount is determined,tender payment therefor to the g Any proceeding, legal or equitable, under this Bond may be Owner;or instituted in any court of competent jurisdiction in the location in which .2 Deny liability in whole or in part and notify the Owner citing the work or part of the work is located and shall be instituted within reasons therefor. two years after Contractor Default or within two years after the Con- ti If the Surety does not proceed as provided in Paragraph 4 with tractor ceased working or within two years after the Surety refuses reasonable promptness,the Surety shall be deemed to be in default orfails to perform its obligations underthis Bond,whichever occurs on this Bond fifteen days after receipt of an additional written notice first. If the provisions of this Paragraph are void or prohibited by law, from the Owner to the Surety demanding that the Surety perform its the minimum period of limitation available to sureties as a defense Obligations under this Bond,and the Owner shall be entitled to enforce in the jurisdiction of the suit shall be applicable. any remedy available to the Owner.If the Surety proceeds as provided 10 Notice to the Surety, the Owner or the Contractor shall be mailed in Subparagraph 4.4,and the Owner refuses the payment tendered or delivered to the address shown on the signature page. orthe Surety has denied liability,in whole or in part,without further 11 When this Bond has been furnished to comply with a statutory or notice the Owner shall be entitled to enforce any remedy available other legal requirement in the location where the construction was to the Owner, to be performed,any provision in this Bond conflicting with said statu- 6 After the Owner has terminated the Contractor's right to complete tory or legal requirement shall be deemed deleted therefrom and the Construction Contract, and if the Surety elects to act under provisions conforming to such statutory or other legal requirement Subparagraph 4.1,4.2, or 4.3 above,then the responsibilities of the shall be deemed incorporated herein.The intent is that this Bond shall Surety to the Owner shall not be greater than those of the Contractor be construed as a statutory bond and not as a common law bond. under the Construction Contract,and the responsibilities of the Owner 12 DEFINITIONS to the Surety shall not be greater than those of the Owner under the 12.1 Balance of the Contract Price The total amount payable by Construction Contract.To the limit of the amount of this Bond,but the Owner to the Contractor under the Construction Contract after subject to commitment by the Owner of the Balance of the Contract all proper adjustments have been made,including allowance to Price to mitigation of costs and damages on the Construction the Contractor of any amounts received or to be received by the Contract,the Surety is obligated without duplication for: Owner in settlement of insurance or other claims for damages to 6.1 The responsibilities of the Contractor for correction of defec- which the Contractor is entitled,reduced by all valid and proper tive work and completion of the Construction Contract; payments made to or on behalf of the Contractor under the Construction Contract. 6.2 Additional legal design professional and delay costs resulting 12.2 Construction Contract:The agreement between the Owner from the Contractor's Default,and resulting from the actions or and the Contractor identified on the signature page,including all failure to act of the Surety under Paragraph 4;and Contract Documents and changes thereto. 6.3 Liquidated damages, or if no liquidated damages are speci- 12.3 Contractor Default: Failure of the Contractor,which has neither fied in the Construction Contract. actual damages caused by been remedied nor waived,to perform or otherwise to comply with delayed performance or non-performance of the Contractor. the terms of the Construction Contract. 7 The Surety shall not be liable to the Owner or others for obligations 12.4 Owner Default: Failure of the Owner,which has neither been of the Contractor that are unrelated to the Construction Contract and remedied nor waived,to paythe Contractor as required by the the Balance of the Contract Price shall not be reduced or set off on Construction Contract or to perform and complete or comply with account of any such unrelated obligations. No right of action shall the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL (Corporate Seal) SURETY (Corporate Seal) Company: Company: Address: Address: Name and Title: Name and Title: Signature: Signature: ORSC 22119(10-93) Page 2 of 2 * * * ** Bond# 564917 * ) PAYMENT BOND * "Tt * The American Institute of Architects,AIA Document No.A312 * * (December, 1984 Edition).Any singular reference to Contractor,Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY(Name and Principal Place of Business): Independent Emergency Services, LLC Old Republic Surety Company 235 Franklin Street SW PO Box 1635 Hutchinson, MN 55350 Milwaukee,WI 53201 OWNER(Name,Address&Representative Name): City of Eden Prairie,Minnesota 8080 Mitchell Road Eden Prairie,MN 55344 CONSTRUCTION CONTRACT Date: 02/23/2015 Amount: $257,164.00 Description(Name and Location): Next Generation 9-1-1- System BOND Date(Not earlier than Construction Contract Date):02/24/2015 Amount:$257,164.00 Modifications to this Bond: ® None ❑ See Page 2 CONTRACTOR AS PRINCIPAL SURETY .... ?p conronq,c O Company: (Corporate Seal) Company: (C Independent Emergency Services, LLC Old Republic Surety Company Signature: C� Signature: Name and Title: Name and Title: Linda C. Piepenburg,Attorne n Fact (Any additional signatures appear on sage 2.) (FOR INFORMATION ONLY—Name, Address and Telephone) OWNER'S REPRESENTATIVE(Architect,Engineer or other AGENT or BROKER: party): Insurance Planners of Hutchinson.Inc, 201 Main Street S, Hutchinson,MN 55350 1 The Contractor and the Surety,jointly and severally,bind them- 4.1 Claimants who are employed by or have a direct contract with the selves,their heirs,executors,administrators,successors and assigns Contractor have given notice to the Surety(at the address described to the Owner to pay for labor, materials and equipment furnished for in Paragraph 12)and sent a copy,or notice thereof, to the Owner, use in the performance of the Construction Contract,which is incor- stating that a claim is being made under this Bond and,with sub- porated herein by reference. stantial accuracy,the amount of the claim. 2 With respect to the Owner,this obligation shall be null and void if 4.2 Claimants who do not have a direct contract with the Contractor: the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, 2.1 Promptly makes payment, directly or Indirectly, for all sums due or notice thereof,to the Owner,within 90 days after having last Claimants,and performed labor orlast furnished materials or equipment included 2.2 Defends, indemnifies and holds harmless the Owner from in the claim stating,with substantial accuracy,the amount of the claims, demands,liens or suits by any person or entity whose claim and the name of the party to whom the materials were fur- claim,demand,lien or suit is for the payment for labor,materials nished or supplied or for whom the labor was done or performed; or equipment furnished for use in the performance of the Construc- and tion Contract, provided the Owner has promptly notified the Con- .2 Have either received a rejection in whole or in partfrom the Con- tractor and the Surety(at the address described in Paragraph 12) tractor,or not received within 30 days of furnishing the above notice of any claims; demands, liens or suits and tendered defense of any communication from the Contractor by which the Contractor such claims,demands,liens or suits to the Contractor and the has indicated the claim will be paid directly or indirectly; and Surety,and provided there is no Owner Default. .3 Not having been paid within the above 30 days, have sent a 3 With respect to Claimants,this obligation shall be null and void if written notice to the Surety(at the address described in Paragraph the Contractor promptly makes payment, directly or indirectly,for all 12)and sent a copy,or notice thereof,to the Owner,stating that sums due. a claim is being made under this Bond and enclosing a copy of 4 The Surety shall have no obligation to Claimants under this Bond until: the previous written notice furnished to the Contractor. ORIC 22114(7-93) Page 'I of 2 5 If a notice required by Paragraph 4 is given by the Owner to the Con- Paragraph are void or prohibited by law, the minimum period of limi- tractor or to the Surety,that is sufficient compliance. tation available to sureties as a defense in the jurisdiction of the suit 6 When the Claimant has satisfied the conditions of Paragraph 4,the shall be applicable. Surety shall promptly and at the Surety's expense take the following 12 Notice to the Surety, the Owner or the Contractor shall be mailed actions: or delivered to the address shown on the signature page.Actual 6.1 Send an answer to the Claimant,with a copy to the Owner, receipt of notice by Surety,the Owner or the Contractor, however within 45 days after receipt of the claim, stating the amounts that accomplished, shall be sufficient compliance as of the date received are undisputed and the basis for challenging any amounts that are at the address shown on the signature page. disputed. 13 When this Bond has been furnished to comply with a statutory or 6.2 Pay or arrange for payment of any undisputed amounts. other legal requirement in the location where the construction was 7 The Surety's total obligation shall not exceed the amount of this to be performed,any provision in this Bond conflicting with said statu- Bond, and the amount of this Bond shall be credited for any payments tory or legal requirement shall be deemed deleted herefrom and made in good faith by the Surety. provisions conforming to such statutory or other legal requirement 8 Amounts owed by the Owner to the Contractor under the Construc- shall be deemed incorporated herein.The intent is that this Bond shall tion Contract shall be used for the performance of the Construction be construed as a statutory bond and not as a common law bond. Contract and to satisfy claims, if any, under any Construction Perfor- 14 Upon request by any person or entity appearing to be a potential mance Bond. By the Contractor furnishing and the Owner accepting beneficiary of this Bond,the Contractor shall promptly furnish a copy this Bond,they agree that all funds earned by the Contractor in the of this Bond or shall permit a copy to be made. performance of the Construction Contract are dedicated to satisfy obli- 15 DEFINITIONS gations of the Contractor and the Surety under this Bond, subject to 15.1 Claimant: An individual or entity having a direct contract with the Owner's priority to use the funds for the completion of the work. the Contractor or with a subcontractor of the Contractor to furnish 9 The Surety shall not be liable to the Owner, Claimants or others for labor,materials or equipment for use in the performance of the obligations of the Contractor that are unrelated to the Construction Contract.The intent of this Bond shall be to include without limi- Contract.The Owner shall not be liable for payment of any costs or tation in the terms "labor, materials or equipment"that part of expenses of any Claimant under this Bond, and shall have under this water,gas,power,light,heat,oil,gasoline,telephone service or Bond no obligation to make payments to,give notices on behalf of, rental equipment used in the Construction Contract, architectural or otherwise have obligations to Claimants under this Bond. and engineering services required for performance of the work of 10 The Surety hereby waives notice of any change,including changes the Contractor and the Contractor's subcontractors, and all other of time,to the Construction Contract or to related subcontracts,pur- items for which a mechanic's lien may be asserted in the jurisdic- chase orders and other obligations. tion where the labor,materials or equipment were furnished. 11 No suit or action shall be commenced by a Claimant under this 15.2 Construction Contract:The agreement between the Owner Bond other than in a court of competent jurisdiction in the location and the Contractor identified on the signature page,including all in which the work or part of the work is located or after the expiration Contract Documents and changes thereto. of one year from the date(1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3,or (2) on which the last 15.3 Owner Default: Failure of the Owner,which has neither been labor or service was performed by anyone or the last materials or remedied nor waived,to pay the Contractor as required by the Con- equipment were furnished by anyone under the Construction Con- struction Contract or to perform and complete or comply with the tract,whichever of(1)or(2)first occurs.If the provisions of this other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) (Corporate Seal) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: Signature: Name and Title: Name and Title: Address: Address: Page 2of2 PLEASE INSERT IN THE POWER-OF-ATTORNEY SECTION OF YOUR BOND KIT (INDIVIDUAL ACKNOWLEDGMENT) STATE OF ) SS COUNTY OF ) On the day of before me, a Notary Public within and for said county, personally appeared, to me known to be the person described in and who executed the foregoing instrument, as Principal,and acknowledged to me that he executed the same as his free act and deed. Notary Public County. (Notarial Seal) My Commission Expires f r CORPORATE ACKNOWLEDGMENT STATE OF u"`1 nn( S('I` a_ ) �'111 ) SS COUNTY OF IM P IE V O`CP ) a On the day of �u_cc-` y� , before me, personally appeared Ct vK Wood 1,tky-A �tt„P to me known, tw�hAo being by me duly sworn, did depose and say that he resides in�``ALoalvr 1M,1 Y1Vl��T�i that he is the a b\Cl_G4P/L Zwsidaat of the�yAeQti?47ty&y-g+ eynco r-c �EE�(f U i C`�S the corporation described in and which executed the foregoing instrument;that he knows the seal of aid corporation;that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors fsaid corpor n;and that he signed his name thereto by like order. ,rwwvwwvw LINDA C PIEPENBURG Notary Public-Li h(LCL 1�i 2V> County M�'CJ E�1f NOT PUBLIC-WNNESO`% �mrrk"Expires Jan,31,2016 My Commission Expires f ACKNOWLEDGMENT OF CORPORATE SURETY STATE O F M j V1 n e50 0.. ) ) SS COUNTY OF (II .L e-u ) On this 01`t day of 1-e `l before me appeared(" 0 . to me personally known,who being by me duly sworn, did say that he is the aforesaid officer or attorney Lin fact of the Wrl Republic Surety Company,a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by the aforesaid officer, by authority of its Board of Directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. KIMBERLY K.DOBIE Notary Public I�I m -� v } ` - C�- �-' NOTARY PUBLIC-MINNESOTAapo County ' .ru. #mission Expires Jan.31,2020 My Commission Expires t INSTRUCTIONS Most Bonds Filed In Illinois Require The Signature Of The Principal To Be Acknowledged By A Notary Public.Also, The Signature Of The Attorney-In-Fact Should Be Acknowledged By A Notary Public.On The Bond Form Itself There Should Be Two Witnesses To The Signature Of The Principal And Two Witnesses To The Attorney-In-Fact. SSC 2757(4/93) O L PU L � SURETY COMPANY POWER OF ATTORNEY KNOW-ALL-MEN BY THESE PRESENTS:That OLD REPUBLIC SURETY COMPANY,a Wisconsin stock insurance corporation,doesinake,constitute and appoint: JEFFREY F.BORKENHAGEN,TERI A.LACHERMEIER,CANDACE G CARLSON,L,INDA C PIEPENBURG,OF HUTCHINSON,MN its true and lawful Attorney(s)in-Fact,with full power and authority,not exceeding$50,000,000,for and on behalf of the company as surety,to execute and deliver and affix the seal of the company thereto(if a seal is required),bonds,undertakings,recognizances or other written obligations in the nature thereof,(other than bail brands,bank depposit€>ry bonds,mo gage deficiency bonds,mortgage guaranty bonds,guarantees of installment aver and note guaranty bonds,self-insur�anc€,workers compensation txsnds guaranteeing payment of benefits,asbestos abatement contract bonds,waste rnanagenient i onds,hazardous'waste reanediati•sn bonds or black long bonds), as follows: ALL WRITTEN INSTRUMENTS IN AN 1AMOUNT NOT TO EXCEED AN AGGREGATE OF ONE MILLION DOLLARS($1,000,000)-- -------------------FOR ANY SINGLE OBLIGATION,REGARDLESS OF THE NUMBER OF INSTRUMENTS ISSUED FOR THE OBLIGATION. and to bind OLD REPUBLIC-SURETY COMPANY thereby,and all of the acts of said Attomeys-in-Fact,pursuant to the-se.pres_ents,are ratified and confirmed: This document is not valadirnlc s5 printedon colored backgr«nnd and is multi-colored. This appointment is made under and by authority of the board of directors atsa special meeting held on February 18,1982. This Power of A- torney is signed and sealed,by,facsimile under and by the=authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982. RESOIVED that,the president,any vice=president,or assistant vice president,in conjunction with the secretary or any assistant secretary,may appoint attorneys in=_fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case,for and on behalf bfthe company to execute and deliver and affix the seal of the company to bonds,undertakings,recognizances,and suretyship obligations of all kinds;and said officers may remove any such attoney-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER,that any bond,undertaking,recognizance,or suretyship obligation shall be valid acid binding upon the Company (i)when signed by Elie president,any vice president or assistant vice president,-,airdattesled and sealed(ifa seal be required)by any secretary or assistant secretary;or (ii)when signed by thopresident,any vice president or assistant vice president,secretaryor assistant secretary,and countersigned and sealed(if a seal be_ required)by a duly authorized attorney-in-fact or agent;or (iii)when duly executed and sealed(if a seal be required)by one or more attorneys-in-fact or agents pursuant to and within the limits of-the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER,that the signature of any authorized officer and the seal of the company maybe affixed Po=by facsimile to any wer of Attorney or certification thereof authorizing the execution and=delivery of any bond,undertaking,recognizance,or other suretyship obligations of the company;and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOR,OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by nsproper officer,and its corporate seal to be affixed this 27TH day of JANUARY,2015. OLD REPUBLIC SURETY COMPANY Cl /j/,+/� 4 r.R "Fill •'V - - �• y STATE OF WI=SCONSIN,COU TY OF WAUKESHA-SS *,,,,»:i""4 President On this 27TH __ day of JANUARY,2015 personally came before fie Alan_Pavlic- and Phyllis M.Johnson to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument,and they each acknowledged the execution of the-same,and being by me duly sworn,did severally depose and say; fhat they are the said officers of the corporation aforesaid,and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. L6S�_ ;pa kt YL , Notary Publio My'commisson expires: 9/28f2018= CERTIFICATE = (Expiration of notary commission-does not invalidate this instrument) I,the undersigned,assistant_secretary of the OLD REPUBLIC SURETY COMPANY,a Wisconsin corporation,CERTIFF that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the Resolutions of the board of directors set forth in the Power of Attorney,are now in force. ,L �(V^` 40-3094 saugr� Signed and sealed at the City of Brookfield,WI this day of rU.G,.0 01S . 3_SEALfill I; Aksastinl 5ocr•"o INS.PLANNERS OF HUTCHINSON n � • " s e ; �a i .a � as s s d � F 4 � �� - � " s -_,- CITY COUNCIL AGENDA DATE: March 31, 2015 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILD. Paul Sticha, Administration, Award Contractor for Connection of Facilities City Center Standby Generator to West Electrical Service Requested Action Move to: Award the contract for reconfiguration of electrical switchgear and connection of the standby generator in the City Center building to Prairie Electric. Synopsis Base Bid Egan Electrical $99,460 Gilbert Electrical $132,315 Prairie Electric $85,980 Background Information The Facilities Department issued a Request for Proposal for a designibuild quote to connect the standby generator at City Center. $80,000 is budgeted for the project. This generator will provide electrical power to the west electrical service in the event of loss of utility power to that service, which includes the Education Center, SuperValu, the vacancy and the Garden Room. The generator was a large contributor to SuperValu's decision to locate at City Center. Each contractor that submitted a proposal had a different strategy for wiring configuration, using existing electrical components (switchgear) and the generator connection. Egan's and Gilbert's proposals abandoned more existing switchgear and quoted more new gear, while Prairie Electric used more of the existing gear,resulting in the lowest quote. Attachments • Construction Contract • Proposal ELECTRICAL CONTRACTORS CO., INC. 6595 Edenvale Blvd, Phone 952-949-0074 Suite #120 Fax 952-949-0174 Eden Prairie, MN 5534o www,praineelectric,com Proposal To : Paul Sticha Company: City of Eden Prairie E- Mail : From : Brent Fritz Company : Prairie Electric Company Date : 02-25-2015 Number of Pages: 1 Subject : Standby Generator Project Paul, We are pleased to offer the following electrical quotation for your consideration and review, as per the request for proposal. - Electrical Permit - Demo as required - Furnish and install 1 — 3000Amp rated transfer switch 1 — Addition to existing switchgear 1 - All required new Copper conductors 1 — Real-time amp meter to monitor generator output 1 — Connection from new meter to BAS system 1 —test of Generator and new transfer switch 1 — Training on new equipment Total: $85,980.00 Notes and Exclusions * The majority of work will be done on a weekend; we estimate a 12 hour shutdown * The existing door and frame to the electrical room will need to be removed to allow access for the new switchgear *Salvage value of the existing transfer switch will be deducted for the bid total once it is removed and the value is determined. If you have any questions regarding this quotation please don't hesitate to call. Sincerely, Brent Fritz Project Manager Standard Construction Contract This Contract ("Contract") is made on the 31" day of March, 2015, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Prairie Electric Company Inc, a Minnesota corporation (hereinafter "Contractor") whose business address is 6595 Edenvale Blvd., Suite #120, Eden Prairie, MN 55346. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of services by Contractor for reconfiguring electrical switchgear and connection of a standby generator at City Center, hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached proposal dated Feb 25, 2015. The terms of this Contract shall take precedence over any provisions of the Contractor's proposal and/or general conditions. 2. Time of Commencement and Completion. The Work to be performed under this Contract shall be commenced immediately after execution of this Contract. The Work shall be completed by June 30, 2015. 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $85,980.00 as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in contractor's proposal. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. a. Invoices. Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Contractor shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. Each invoice shall be accompanied by general lien waiver and further lien waivers from all subcontractors on the project waiving liens for work for which payment was requested by Contractor and paid for by City on the preceding invoice. b. Claims. To receive any payment on this Contract, pursuant to Minn. Stat. 471.38, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." c. Final Payment. Contractor's request for final payment shall be accompanied by Contractor's affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or its property might in any way be responsible, have been paid or otherwise satisfied. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work in writing. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for Final Payment. d. Income Tax Withholding. No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 6. Protect Manager. The Contractor has designated Brent Fritz to Manage the Work. He shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the designated manager without the approval of the City. 7. Condition and Inspection. All goods and other materials furnished under this Contract shall be new and in current manufacture, unless otherwise specified, and all goods and work shall be of good quality, free from faults and defects and in conformance with this Contract. All goods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor's expense. Standard Construction Contract 2015.03 Page 2 of 11 8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. 9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City's written acceptance of the Work. The City's rights under the Contractor's warranty are not the City's exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY'S REMEDY OR THE CONTRACTOR'S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 10. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to 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. 11. 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 Contractor's 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 and deduct the cost of removal from any amount owed to Contractor. 12. Suspension of Work by City. The City may at any time suspend the Work, or any 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 resume. If the City's suspension of all or part of the Work causes additional Standard Construction Contract 2015.03 Page 3 of 11 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 City within ten (10) days after the date of order to resume Work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement weather, failure to furnish additional surety or sureties specified herein, for suspension made at the request of the Contractor, or for any other delay provided for in this Contract. 13. City's Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the City may, after ten (10) days written notice to the Contractor and without prejudice to any other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City. 14. City's Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent; b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor; d. Any disregard of laws, ordinances or proper instructions of the City; e. Assignment or work without permission of the City; f. Abandonment of the work by Contractor; g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time. Termination of the Contract shall be preceded by ten (10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of termination. Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the Contractor's expense. Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor shall pay the difference to the City. In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in Standard Construction Contract 2015.03 Page 4 of 11 connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. 15. Contractor's Right to Terminate Contract. The Contractor may terminate this Contract upon ten (10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its employees. b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due. 16. Performance and Payment Bonds. The Contractor shall post a Performance and Payment Bond each in an amount equal to one hundred percent (100%) of the payments due Contractor to insure the prompt and faithful performance of this Contract by Contractor and to insure prompt payment to the subcontractor and suppliers of the Contractor. The Bonds shall be in a form approved by the City. Contractor shall provide the Bond to the City before commencing work and together with the executed contract document. If the Performance and/or Payment Bond are not submitted as provided herein, this Contract shall be considered void. [BONDS ARE REQUIRED FOR A CONSTRUCTION CONTRACT THAT IS $100,000 OR MORE; THEY ARE OPTIONAL FOR ANY CONTRACT THAT IS LESS THAN $100,000] 17. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City. The Contractor shall pay any subcontractor involved in the performance of this Contract within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 18. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. Standard Construction Contract 2015.03 Page 5 of 11 19. Notice. Required notices to the Contractor shall be in writing, and shall be either hand- delivered to the Contractor, its employees or agents, or mailed to the Contractor by certified mail at the following address: Brent Fritz Prairie Electric Co. Inc. 6595 Edenvale Blvd., Suite 120 Eden Prairie, MN 55346 Notices to the City shall be in writing and shall be either hand-delivered or mailed to the City by certified mail at the following address: Paul Sticha City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Notices shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 20. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, required by law, or the insurance coverage actually obtained by Contractor, whichever is greater. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products — Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Standard Construction Contract 2015.03 Page 6 of 11 Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. f. All policies shall apply on a "per project" basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies shall be primary and non-contributory. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract. j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Contractor's responsibility to pay any retention or deductible for the coverages required herein. I. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents Standard Construction Contract 2015.03 Page 7 of 11 evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 22. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract ("Information") shall become the property of the City, but Contractor may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Contractor Standard Construction Contract 2015.03 Page 8 of 11 also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 23. Non-Discrimination. During the performance of this Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 24. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 25. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract shall contain similar Data Practices Act compliance language. Standard Construction Contract 2015.03 Page 9 of 11 26. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 28. Damages. 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. 29. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 30. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 31. 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 herein. 32. Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 33. Governinq Law. This Contract shall be controlled by the laws of the State of Minnesota. 34. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 35. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 36. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of Work to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the Work to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Executed as of the day and year first written above. Standard Construction Contract 2015.03 Page 10 of 11 CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Its Mayor Rick Getschow, Its City Manager PRAIRIE ELECTRIC CO. INC. By: Its: Standard Construction Contract 2015.03 Page 11 of 11 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda March 31, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC 05-5658 ITEM NO.: VIILE. Leslie Stovring Approve the Standard Agreement for Engineering Contract Services with Republic Services for the Annual City Drop Off Requested Action Move to: Approve the Standard Agreement for Contract Services with Republic Services for assisting with the Annual City Drop Off at a cost not to exceed $40,000. Synopsis The City of Eden Prairie has provided a one-day event for residents to drop off waste materials since 1995. Allied Waste has partnered with the City since the beginning to provide services during this event. Since that time attendance has gradually increased and the costs associated with the cleanup have also increased. The costs have been consistently above $20,000. The attached proposal includes a per unit estimate for an estimated cost of $20,000 to $40,000 depending on attendance. The costs for the cleanup are paid out of the annual recycling grant that the City receives from Hennepin County. Any amounts above what can be paid from the grant(approximately $25,000) would be paid out of the stormwater utility fund. Background Information The City began providing a cleanup in 1995 with a few basic items, such as such as yard waste, construction debris, general household trash and recyclables. In 2002 the cleanup was moved to the Hennepin Technical College as the Allied Waste facility could no longer handle the number of people that came to the event. The change also allowed the City to increase the number and types of materials and now includes charitable donations, bicycle recycling, yard waste, scrap metal, appliances, electronics, tires, fluorescent bulbs and propane tanks. Attendance has increased from approximately 500 households in the 1990's to approximately 1,670 in 2014 for a total cost to the city of$24,769.37. Nominal fees are charged for appliances, electronics and some miscellaneous items such as propane tanks and tires to help cover costs. However, yard waste, furniture, trash, steel and many general trash items can be dropped off at no charge. This year the City is working on finding a local group to provide food and beverages as a fund raiser during the event. Attachment Republic Services Agreement 1 Standard Agreement for Contract Services This Agreement("Agreement") is made on the_27th day of January , 2015_, between the City of Eden Prairie, Minnesota(hereinafter "City"),whose business address is 8080 Mitchell Road, Eden Prairie,MN 55344, and Republic Services , (hereinafter "Contractor") whose business address is9813 Flying Cloud Drive, Eden Prairie,MN 55347 Preliminary Statement i The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons,firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Contractor for The Eden Prairie Clean Up Services hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. The terms of this Agreement shall take precedence over any provisions of the Contractor's proposal and/or general conditions. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of May 12 , 2015 The Work shall be completed b June 21 2015 p Y 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor's personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building,and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor's personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City's no smoking policies. e. Contractor must honor the City's request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner,to present a first class operation. f. When necessary, Contractor's personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. 4. City's Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. b. Provide restroom facilities as appropriate. 5. Compensation for Services. City agrees to pay the Contractor a not to exceed amount of $ _See attached pricing outline /€9 4 0,0 0 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City,the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. b. Claims. To receive any payment on this Contract, the invoice or bill must include the following signed and dated statement: `7 declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid" c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 0 7. Proiect Manager. The Contractor has designated Nathan Geldner to Manage 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. Contractor may not remove or replace the designated manager without the approval of the City. 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure,maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include,but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products—Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse,underground property damage or work performed by subcontractors. d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. £ All policies shall apply on a"per project"basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies shall be primary and non-contributory. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Contractor's responsibility to pay any retention or deductible for the coveraeges required herein. 1. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City,except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days'prior notice to the City. in. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing I Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation)to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City(including sole negligence)and regardless of the extent to which the underlying occurrence (i.e.,the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors,agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity,then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity,the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's i insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 11. Termination. a. This Agreement may be terminated at any time by either party for breach or non- performance of any provision of this Agreement in accordance with the following. The party ("notifying party") who desires to terminate this Agreement for breach or non- performance of the other party ("notified party") shall give the notified party notice in writing of the notifying party's desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so,this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City's premises any and all of Contractor's equipment and other property. Except for liability resulting from acts or omissions of a party,arising,taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 12. Notice. Required notices to the Contractor shall be in writing, and shall be either hand-delivered to the Contractor, its employees or agents, or mailed to the Contractor by certified mail at the following address: Republic Services 9813 Flying Cloud Drive Eden prairie, MN 55347 Notices to the City shall be in writing and shall be either hand-delivered or mailed to the City by certified mail at the following address: Leslie A. Stovring, Environmental Coordinator City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Notices shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate fbr the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 15. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. 16. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 17. 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 Agreement. The violation of this provision renders the agreement void. 18. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this j Agreement and for one (1) year thereafter,without prior written consent of the former employer in each case. 1 19. Risihts and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations,rights and remedies otherwise imposed or available by law. 20. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise,the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then ' currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 25. Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 26. Entire Agreement'. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 27. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances,rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE i Mayor City Manager CONTRACTOR By: Its: �/� REPUBLIC SERVICES, INC. January 28, 2015 City of Eden Prairie Leslie Stovring Environmental Coordinator 8080 Mitchell Road Eden Prairie, MN 55344-4485 Dear Leslie: Republic Services would like to thank you for allowing us the opportunity to be the operator of this year's City of Eden Prairie Clean Up.The information below is a breakdown of the pricing for your clean up. Feel free to contact me directly at 952-946-5330 if you have any questions. Thank you! Sincerely, Rich Hirstein Municipal Services Manager Spring Clean Up: June 20, 2015 City of Eden Prairie BASE SERVICE CHARGES Construction Material $50.00 per ton disposal $2.00/ton tax Yard Waste $42.00 per ton disposal No tax Household Trash $55.00 per ton disposal 9% Hennepin County Tax 9.75%State Tax Furniture $13.00 per piece 9% Hennepin County Tax 9.75%State Tax Scrap Metal = No Charge Recycling Materials = No Charge Labor = 35 Employees at$300.00 per employee Operational Expense: (trucks,containers, etc.) _ $3,100.00 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 31, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC 11-5793 ITEM NO.: VIILF. Public Works /Engineering Award Contract for the Pioneer Trail Mary Krause Landscape Project (between Flying Cloud Dr. and Shetland Rd.) to Autumn Ridge Landscaping Requested Action Move to: Adopt resolution awarding contract for I.C. 11-5793, Pioneer Trail Landscape Project(between Flying Cloud Drive and Shetland Road) to Autumn Ridge Landscaping in the amount of$140,052. Synopsis Sealed bids were received Thursday March 12, 2015 for this project. Five bids were received and are summarized in the attached Recommendation Letter. Bids for this project were initially solicited in August of 2014 with the submission of only one bid that resulted in the City Council rejecting that bid August 19, 2014. The plans were revised to eliminate landscaping of the Cummins Grill House (this landscaping was installed separately through the Parks & Recreation Division). As noted in the Recommendation Letter, the current bid prices are approximately 17% below the Engineers Estimate. Background Information Hennepin County substantially completed the roadway construction of Pioneer Trail (CSAH No. 1)between Flying Cloud Drive and Shetland Road in 2011. The landscape project will be financed mainly through Hennepin County funds consistent with Construction Cooperative Agreement No. PW 16-49-07 between Hennepin County and the City of Eden Prairie. The agreement indicates that Hennepin County will pay for the landscaping project and associated engineering costs (18% of the landscaping costs) up to $198,240. The total engineering, inspection and installation project costs should be less than $198,240. Municipal State Aid funds may be used for any additional costs beyond the county's costs if needed. Attachments • SRF Consulting Group's Recommendation Letter • Bid Tab • Resolution E N G FN E E R S 1616N61 PLANNERS ❑ E51cNERS Memorandum Consulting Group,Inc. SRF No.0117484 To: Mary Krause Senior Project Engineer City of Eden Prairie From: Tim Wold, SRF Consulting Group Date: March 23, 2015 Subject: Pioneer Trail (CSAH 1) Landscape Enhancements Bids were originally solicited for the Pioneer Trail (CSAH 1) Landscape Enhancements in August of 2014. One bid was received and was substantially higher than the estimate. After discussing the project with the plan holders, it was determined that reducing the project scope and rebidding in early 2015 would likely result in heightened contractor interest and lower project costs. Sealed bids were again received for the project and opened on Thursday, March 12, at the City of Eden Prairie Council chambers. A total of five bids were received. All bids have been reviewed and checked. The bids are tabulated below in order of value. CONTRACTOR TOTAL BID 1. Autumn Ridge Landscaping $140,052.00 2. Hoffman & McNamara $143,975.00 3. Greenscape Companies, Inc. $168,275.00 4. Cedar Ridge Landscaping $182,577.00 5. Urban Companies $183,650.00 Engineers Estimate $169,260.00 The low bid, submitted by Autumn Ridge Landscaping, is roughly 17% lower than the estimate. The difference between the first two bids is 2.7%. The difference between the low and high bids is 23.7%. Given the number of bids received and the close range between the first two proposals, it is our recommendation to award the Contract to the apparent low bidder, Autumn Ridge Landscaping in the amount of$140,052.00. Please contact us with any questions or concerns regarding this project. TW/gjd H.AProjects\7484\LA\DOC\7484_Rebid Recommendation Memo_032395_docx www.s rfconsulti ng.com One Carlson Parkway North,Suite 150 1 Minneapolis,MN 55447.4443 1 763.475.0010 Fax:763.475.2429 An Equal Opportunity Employer Pioneer Trail Lonscape Enhancements SRF Consulting Group,Inc. S.A.P.027-601-044 Project No.7484 City of Eden Prairie March 23,2015 Bid Abstract BID ABSTRACT(REBID 3/12/2015) AUTUMN RIDGE HOFFMAN&MCNAMARA GREENSCAPE COMPANIES INC. CEDAR RIDGE LANDSCAPING URBAN COMPANIES PROPOSAL ESTIMATED LINE NO QUANTITIES ITEM NO. ITEM DESCRIPTION UNIT UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL . 1 2021.501 MOBILIZATION LUMP SUM 1 $2,000.00 $2,000.00 $9,100.00 $9,100.00 $2,500.00 $2,500.00 $5,201.00 $5,201.00 $19,000.00 $19,000.00 2 2563.601 TRAFFIC CONTROL LUMP SUM 1 $10,500.00 $10,500.00 $500.00 $500.00 $1,600.00 $1,600.00 $6,000.00 $6,000.00 $30,000.00 $30,000.00 3 2571.501 CONIFEROUS TREE 6'B&B(BLACK HILLS SPRUCE) TREE 38 $374.00 $14,212.00 $447.00 $16,986.00 $600.00 $22,800.00 $417.00 $15,846.00 $350.00 $13,300.00 4 2571.501 CONIFEROUS TREE 6'B&B(EASTERN WHITE PINE) TREE 1 $450.00 $450.00 $467.00 $467.00 $500.00 $500.00 $417.00 $417.00 $350.00 $350.00 5 2571.502 DECIDUOUS TREE 2.5"B&B(ACCOLADE ELM) TREE 25 $486.00 $12,150.00 $482.00 $12,050.00 $525.00 $13,125.00 $623.00 $15,575.00 $500.00 $12,500.00 6 2571.502 DECIDUOUS TREE 2.5"B&B(AUTUMN BLAZE MAPLE) TREE 68 $450.00 $30,600.00 $504.00 $34,272.00 $600.00 $40,800.00 $685.00 $46,580.00 $500.00 $34,000.00 7 2571 502 DECIDUOUS TREE 2.5"B&B(NEW HORIZON ELM) TREE 10 $486.00 $4,860.00 $482.00 $4,820.00 $600.00 $6,000.00 $623.00 $6,230.00 $500.00 $5,000.00 8 2571 502 DECI DUOUS TREE 2.5"B&B(SWAMP WHITE OAK) TREE 10 $486.00 $4,860.00 $512.00 $5,120.00 $600.00 $6,000.00 $664.00 $6,640.00 $500.00 $5,000.00 9 2571 503 ORNAMENTALTREE 2.5"B&B(AUTUMN BRILLIANCE SERVICEBERRV) TREE 12 $561.00 $6,732.00 $477.00 $5,724.00 $600.00 $7,200.00 $561.00 $6,732.00 $500.00 $6,000.00 10 2571 503 ORNAMENTALTREE 2.5"B&B(JAPANESE TREE LILAC) TREE 11 $524.00 $5,764.00 $462.00 $5,082.00 $575.00 $6,325.00 $664.00 $7,304.00 $500.00 $5,500.00 11 2571503 ORNAMENTALTREE 2.5"B&B(KENTUCKY COFFEETREE) TREE 11 $561.00 $6,171.00 $504.00 $5,544.00 $575.00 $6,325.00 $747.00 $8,217.00 $500.00 $5,500.00 12 2571 503 ORNAMENTALTREE 2.5"B&B(PRAIRIE FIRE FLOWERING CRAB) TREE 36 $374.00 $13,464.00 $462.00 $16,632.00 $575.00 $20,700.00 $561.00 $20,196.00 $500.00 $18,000.00 13 2571.503 ORNAMENTALTREE 2.5"B&B(QUAKING ASPEN) TREE 9 $561.00 $5,049.00 $462.00 $4,158.00 $600.00 $5,400.00 $561.00 $5,049.00 $500.00 $4,500.00 14 2571 503 ORNAMENTALTREE 2.5"B&B(RIVER BIRCH) TREE 10 $524.00 $5,240.00 $504.00 $5,040.00 $600.00 $6,000.00 $603.00 $6,030.00 $500.00 $5,000.00 15 2571 503 ORNAMENTALTREE 2.5"B&B(SPRING SNOW FLOWERING CRAB) TREE 40 $450.00 $18,000.00 $462.00 $18,480.00 $575.00 $23,000.00 $664.00 $26,560.00 $500.00 $20,000.00 TOTAL BID $140,052.00 $143,975.00 $168,275.00 $182,577.00 $183,650.00 Bid Abstract CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 15 - RESOLUTION ACCEPTING BID FOR PIONEER TRAIL LANDSCAPE PROJECT (BETWEEN FLYING CLOUD DRIVE AND SHETLAND ROAD) IMPROVEMENT PROJECT I.C. 11-5793 WHEREAS,pursuant to an advertisement for bids for the following improvement: I.C. 11-5793: Pioneer Trail Landscape (between Flying Cloud Drive and Shetland Road) Improvement Project bids were received, opened and tabulated according to law. Those bids received are shown on the attached Consultant Recommendation Letter; and WHEREAS, the City Engineer recommends award of Contract to Autumn Ridge Landscaping as the lowest responsible bidder. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter in a Contract with Autumn Ridge in the name of the City of Eden Prairie, in the amount of $140,052.00, in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on March 31, 2015. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: March 31, 2015 SECTION: Consent Calendar SERVICE AREA: ITEM DESCRIPTION: ITEM NO.: VIII.G. Paul Schlueter 2015 Sign Service Truck Purchase Public Works/Fleet Services Requested Action Move to: Approve purchase of a new sign maintenance service truck off the State of Minnesota Cooperative Purchasing Venture in the amount of$114,370.07. Synopsis The Equipment Replacement Fund was developed by Fleet Services to provide a 15-year projection of equipment needs and a corresponding replacement schedule for each vehicle. The City's previous sign service truck was a 2001 Freightliner that had become obsolete and was sold at auction in October 2014. The scheduled replacement for this vehicle was not expected until the 2016 calendar year but staff is requesting authorization to acquire this replacement vehicle 6 months early. Staff is requesting authorization to purchase a new sign service truck for $114,370.07. Public Works staff has finalized the specifications and details of this purchase and that information is included in the attached Schedule. Funds for this purchase are available through the Internal Equipment Service Fund reserve and will not impact the 2015 budget. The Internal Equipment Service Fund reserve allows the City to balance out annual spending and eliminate the spikes and valleys that can occur with high value equipment purchases. The City of Eden Prairie Public Works/Fleet Services participates in the State of Minnesota Cooperative Purchasing Venture (CPV). This enables the City to buy goods and services under the terms of contracts already negotiated by the State of Minnesota. Joint Powers Agreements as listed in the City of Eden Prairie purchasing policy are also utilized. This new chassis and service body will be purchased using the State of Minnesota CPV program. Attachments • New Sign Service Truck Specifications and Pricing 2015 Cab & Chassis Sign Truck 2015 Ram 5500 Code: Option Description: Price: Ram 5500 Reg Cab, 2WD, 168" WB, DP5L64 84"CA, 6.4L HD HEMI $29,146.92 DF3 6 Speed Automatic Transmission $0.00 27A Tradesman Package $0.00 AJW Power Accessory Group $531.00 LBV Power Take off Prep-Left Side $251.00 BAJ 220 Amp Alternator (Incl in AH2) $0.00 XAC Rear Backup Camera $336.00 LM1 Daytime Running lamps $43.00 Electronic Monitoring Module (Incl w/ XXS AH2) $0.00 AH2 Ambulance Prep Group $378.00 V9X8 Cloth Bench Seat $242.00 XHC Trailer Brake Controller $196.00 2 Extra Keys $190.00 Cab & Chassis Total: $31,313.92 Sign Service Body & Crane: $80,985.00 Sales Tax & License: $2,071.15 Package Total: $114,370.07 TRUCK UTILITIES 2770 5t" Avenue South 2370 English Street 5320 Kansas Avenue Fargo, ND 58103 St Paul, MN 55109 Kansas City, KS 66106 March 13, 2015 City of Eden Prairie Attn: Paul Schlueter I am pleased to quote an aluminum sign body with equipment mounted on a Dodge 5500 4x2 chassis, gas powered. Body • Body version 8 made of aluminum tread plate with swing style doors $37,934.00 • Crane reinforcement in CS#1 $ 2,074.00 • Support structure for ceiling and floor for reels and tanks $ 210.00 • Move sign storage to curbside compartments and lower bottom of $ N/C compartments over the wheels to load floor level. Move opening of left compartment at rear of body to street side. • Aluminum cone holder mounted on bumper left side $ 250.00 • Post pounder holder in bumper right bumper $ 200.00 • Dimensions 3000w pure sine wave inverter $ 3,870.00 • Duplex at rear of body, duplex whip in cab, and another duplex $ 555.00 In body compartment(to be determined) • LED 4" round flush mount amber strobe, 2 pair at rear of body $ 1,050.00 • Whelen TAL85 directional traffic advisor, mounted on bulk head $ 1,500.00 • Mount TAL85 on front bulk head of body $ 250.00 • LED grill strobes, one pair $ 525.00 • Whelen L32 LED amber strobe, 360 degree. Mounted on bulk head $ 630.00 • Remount chassis back up camera $ 500.00 • Trailer connector, 7 pin $ 100.00 • American Eagle drawer in CS#2 $ 1,910.00 • Installation of drawer set in CS#2 $ 200.00 All amber will be wired to one switch Inverter wired to switch Crane 4004i elect/hyd • IMT 4004i elect/hydraulic crane, 4000#cap $13,890.00 One hydraulic one manual extension to 16' • Installation of crane $ 748.00 • Proportional radio remote $ 1,225.00 • Manual out crank down outriggers $ 2,109.00 • Installation kit, elect crane $ 347.00 WWW . TRUCKUTILITIES . 00M • Boom support $ 523.00 • Additional chassis leaf $ 885.00 • Electronic throttle controls $ 443.00 • PTO/pump combination $ 3,256.00 • Selector valve $ 801.00 • Hydraulic oil reservoir $ 1,193.00 • Boom mounted hydraulic twin hose reel w/4-way valve $ 3,807.00 Build Total $80,985.00 Thank you Prices do not include any applicable tax FOB St Paul, MN 55109 Please contact me if you have any questions, TU Paul Warner '4MII— Sales Engineer 651-393-2274 paulw@truckutilities.com CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda March 31, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC#07-5707 ITEM NO.:VIILH. Leslie Stovring Approve a Grant Agreement with the Engineering Metropolitan Council for the Riley Creek Water Quality Creek Monitoring Station Requested Action Move to: Approve a Grant Agreement with Metropolitan Council Environmental Services to provide tasks associated with monitoring and maintaining the Riley Creek water quality monitoring station. Synopsis Metropolitan Council Environmental Services has requested that the City of Eden Prairie agree to collect samples from and maintain the equipment for the Riley Creek water quality monitoring station south of Flying Cloud Drive. These samples will monitor the creek health and allow the City to track the success of water quality improvement projects within the creek. The funds for the monitoring will be paid in part by a grant by the Metropolitan Council ($5,000). Remaining costs will be paid out of the stormwater utility fund. Background Information The Riley Creek water quality monitoring station south of Flying Cloud Drive was installed by Metropolitan Council to monitor the health of Riley Creek prior to flowing into the Minnesota River. The City started contracting for monitoring and maintenance services with Barr Engineering in 2008. The Metropolitan Council requested that the City take on monitoring and maintenance duties associated with the station due to a lack of available staffing within the Council. The Metropolitan Council provides limited funding for the station, the amount that will be available for 2015 is $5,000. Riley Creek is currently listed as impaired by the State of Minnesota. The Minnesota Pollution Control Agency (MPCA) has requested that the data collected be entered into the State's water monitoring database (STORET). This would make the data readily available to the MPCA for when they start the Total Maximum Daily Load (TMDL) study. In addition, the data collected will allow the City track the success of actions taken under our Stormwater Permit to improve the water quality of Riley Creek. The goal would be to request that the creek segment be delisted in the future. Attachment Attachment 1 —Grant Agreement Contract No: SG-02471 GRANT AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF EDEN PRAIRIE FOR THE METROPOLITAN AREA WATERSHED OUTLET MONITORING PROGRAM(WOMP2) THIS AGREEMENT is made and entered into by and between the METROPOLITAN COUNCIL (the "Council")and the City of Eden Prairie(the "Grantee"), each acting by and through its duly authorized officers. WHEREAS: 1. The Metropolitan Council has been charged by the Minnesota Legislature (Minnesota Statutes, section 473.157, Water Resources Plan)with the development of target pollution loads for all Metropolitan Area watersheds. 2. A search of the available data yielded very little data adequate for use in the development of these loads. 3. On January 12, 1995 the Metropolitan Council authorized its staff to enter into grant agreements with various watershed management organizations for the collection of watershed outlet data. i 4. The Council has entered into a grant agreement with the State of Minnesota(referred to in this document as the"State Grant Agreement")whereby the state agrees to provide certain fiends for the purposes of the Metropolitan Area Watershed Outlet Monitoring Program. 5. The Grantee has expressed an interest in collecting water quality data at the watershed outlet. 6. The Grantee has exhibited the technical capability to conduct a watershed outlet monitoring program. 7. The Council has reviewed the Grantee's proposal and desires to assist it in the collection of data. NOW,THEREFORE,the Council and the Grantee agree as follows: 1. GRANTEE PERFORMANCE OF GRANT PROJECT 1.01 Grant Project. The Grantee agrees to perform and complete in a satisfactory and proper manner the grant project as described in the Grantee's application for grant assistance, incorporated in this agreement by reference, and in accordance with the terms and conditions of this agreement. Specifically, the Grantee agrees to perform the specific activities described in Exhibit A("WOMP Monitoring Work Plan")and to undertake the financial responsibilities described in Exhibit B ("WOMP Monitoring Budget and Financial Responsibilities"document), both of which are attached to and incorporated in this agreement. These activities and financial responsibilities are referred to in this agreement as the"Grant Project". 1.02 Use of Contractors. With the approval of the Council's Grant and Project Managers,the Grantee may engage contractors to perform Grant Project activities. However,the Grantee retains 1 primary responsibility to the Council for performance of the Grant Project and the use of such contractors does not relieve the Grantee from any of its obligations under this agreement. 1.03 Material Representations. The Grantee agrees that all representations contained in its application for grant assistance are material representations of fact upon which the Council relied in awarding this grant and are incorporated in this agreement by reference. 4 II. AUTHORIZED USE OF GRANT FUNDS 2.01 Authorized Uses. Grant funds may be used only for costs directly associated with Grant Project activities, as described in paragraph 1.01, and which: i)occur during the Project Activity Period specified in paragraph 6.01, and ii)are eligible expenses as listed in the Grantee Financial Responsibilities portion of the WOMP Monitoring Budget and Financial Responsibilities document (Exhibit B). Grant funds may also be used to prepare the expense report required by paragraph 5.02 of this grant agreement. No other use of grant funds is permitted. 2.02 Unauthorized Uses of Grant Proceeds. Grant funds cannot be used to purchase land, buildings, or other interests in real property, or to pay legal fees, or permit, license, or other authorization fees, unless specifically approved in advance by the Council's Grant Manager. 2.03 Project Equipment and Supplies. With approval of the Council's Project Manager, grant funds maybe used to purchase or lease equipment, machinery, supplies, or other personal property directly necessary to conduct the Grant Project. The Grantee will comply with the personal property management requirements described in article VIII of this agreement,with regard to any property purchased pursuant to this paragraph. III. GRANT AMOUNT AND DISTRIBUTION 3.01 Maximum Grant Amount. The Council shall pay to the Grantee a Maximum Grant Amount of$5,000. Provided, however,that in no event will the Council's obligation under this agreement exceed the lesser of: a. the Maximum Grant Amount of$5,000; or, b. the actual amount expended by the grantee on eligible expenses as specified in paragraph 2.01. The Council shall bear no responsibility for cost overruns which may be incurred by the Grantee in performance of the Grant Project. ' 3.02 Distribution of Grant Funds. Grant funds will be distributed by the Council according to the following schedule: a. Within ten(10)working.days of Council execution of this agreement,the Council will distribute to the Grantee ninety(90%)of the Maximum Grant Amount. b. Upon approval of Grantee's financial report as required by paragraph 5.02,the Council will distribute to Grantee the final payment of the remainder of the Maximum Grant Amount. However, no payment will be made which would cause the distribution of grant funds to exceed the limits in paragraph 3.01. Further,if the amount already paid to Grantee by the Council pursuant to this paragraph exceeds the cumulative amount actually expended by the Grantee on eligible expenses as specified in paragraph 2.01,the Council shall notify Grantee 2 of the amount of over-payment. Grantee shall repay to the Council the amount of such overpayment within 30 days of receipt of such notice from the Council. No payment will be made under this paragraph if the Grantee is not current in its reporting requirements under article V at the time the payment is due. Distribution of any funds or approval of any report is not to be construed as a Council waiver of any Grantee noncompliance with this agreement. 3.03 Repayment of Unauthorized Use of Grant Proceeds. Upon a finding by Council staff that the Grantee has made an unauthorized or undocumented use of grant proceeds, and upon a demand for repayment issued by the Council,the Grantee agrees to promptly repay such amounts to the Council. 3.04 Reversion of Unexpended Funds. All funds granted by the Council under this agreement that have not been expended for authorized Grant Project activities as described in paragraph 2.01 shall revert to the Council. t IV. ACCOUNTING AND RECORDKEEPING REQUIREMENTS 4.01 Documentation of Grant Project Costs. All costs charged to the Grant Project must be supported by.proper documentation, including properly executed payroll and time records, invoices, contracts,receipts for expenses, or vouchers, evidencing in detail the nature and propriety of the charges. 4.02 Establishment and Maintenance of Grant Project Information. The Grantee agrees to establish and maintain accurate, detailed, and complete separate accounts,financial records, documentation,and other evidence relating to: i)Grantee's performance under this agreement, and ii)the receipt and expenditure of all grant funds under this agreement. The Grantee shall establish and maintain all such information in accordance with generally accepted accounting principles and practices and shall retain intact all Grant Project information until the latest of: a. complete performance of this agreement; or b. six(6)years following the term of this agreement; or c. if any litigation, claim, or audit is commenced during either such period,when all such litigation, claims or audits have been resolved. If the Grantee engages any contractors to perform any part of the Grant Project activities,the Grantee agrees that the contract for such services shall include provisions requiring the contractor to establish and maintain Grant Project information in accordance with the provisions of this paragraph and to allow audit of such information in accordance with paragraph 4.03. 4.03 Audit. The accounts and records of the Grantee relating to the Grant Project shall be audited in the same manner as all other accounts and records of the Grantee are audited. During the time of maintenance of information under paragraph 4.02, authorized representatives of the Council, and the Legislative Auditor and/or State Auditor in accordance with Minnesota Statutes, section 16C.05, subdivision 5,will have access to all such books,records, documents, accounting practices and procedures, and.other information for the purpose of inspection, audit, and copying during normal. business hours. The Grantee will provide proper facilities for such access and inspection. 6 V. REPORTING AND MONITORING REQUIREMENTS 5.01 Monitoring Work Plan. The WOMP Monitoring Work Plan(Exhibit A) includes the specific geographic area and watershed outlet affected by the Grant Project,the tasks to be undertaken together with schedules and the organization responsible for the tasks' costs. The Grantee Financial Responsibilities portion of the WOMP Monitoring Budget and Financial Responsibilities document (Exhibit B) lists the Grantee expenses eligible for reimbursement by the Council, subject to the 3 limitations of paragraph 2.01. The Grantee agrees to abide by the Monitoring Work Plan, including the Quality Control Provisions listed in the Monitoring Work Plan. 5.02 Grant Project Financial Reports. On or before January 31,2016,the Grantee will submit a financial report detailing expenses incurred by Grantee for the Grant Project during the Project Activity Period(as defined in paragraph 6.01)which are eligible for reimbursement by the Council in accordance with paragraph 2.01. 5.03 Changed Conditions. The Grantee agrees to notify the Council immediately of any change in conditions, local law, or any other event that may affect the Grantee's ability to perform the Grant Project in accordance with the terms of this agreement. VI. GRANT PROJECT ACTIVITY PERIOD; TERM; TERMINATION 6.01 Project Activity Period. The Grantee agrees to complete the Grant Project activities specified in paragraph 1.01 during the period from January 1,2015 through December 31,2015 (the "Project Activity Period"). 6.02 Term. The term of this agreement shall extend from the effective date of this agreement to a date sixty(60)calendar days following the end of the Project.Activity Period,to permit closeout of this agreement. 6.03 Termination. Either the Council or the Grantee may terminate this grant agreement at any time, with or without cause, by providing the other party written notice of such termination at least thirty (30) days prior to the effective date of such termination. Upon such termination Grantee shall be entitled to compensation for Grant Project activities in accordance with this grant agreement which were satisfactorily performed and incurred prior to the effective date of the termination. Any remaining grant funds which have been distributed to Grantee will be returned to the Council no later than the effective date of such termination. Upon such effective date of termination, a)all data collected by Grantee prior to the effective date of termination shall be turned over to the Council by Grantee; and b)all Council personal property in possession of Grantee wherever located and all property acquired with Grant funds shall be turned over to the Council by Grantee. 6.04 Termination by Council for Noncompliance. If the Council finds that there has been a failure to comply with the provisions of this agreement,the Council may terminate the agreement at any time following seven(7)calendar days written notice to the Grantee and upon failure of the Grantee to cure the noncompliance within the seven-day period. Noncompliance includes failure to make reasonable progress toward completion of the Grant Project. If the Council finds that the Grantee's noncompliance is willful and unreasonable,the Council may terminate or rescind this agreement and require the Grantee to repay the grant funds in full or in a portion determined by the Council. Nothing herein shall be construed so as to limit the Council's legal remedies to recover grant funds. 6.05 Effect of Grant Project Closeout or Termination. The Grantee agrees that Grant Project closeout or termination of this agreement does not invalidate continuing obligations imposed on the Grantee by this agreement. Grant Project closeout or termination of this agreement does not alter the Council's authority to disallow costs and recover funds on the basis of a later audit or other review, and does not alter the Grantee's obligation to return any Rinds due to the Council as a result of later refunds, corrections, or other transactions. VIL COUNCIL's GRANT MANAGER AND PROJECT MANAGER 4 Financial aspects of this grant agreement will be handled by the Council's Grant Manager. The Council's Grant Manager for this grant agreement is Joe Mulcahy, or such other person as may hereafter be designated in writing by the Council. Technical aspects of the Grant Project, including supervision of the Grantee under the Monitoring Work Plan,will be handled by the Council's Project Manager. The Council's Project Manager for this grant agreement is Leigh Harrod, or such other person as may hereafter be designated in writing by the Council. However,nothing in this agreement will be deemed to authorize such Grant Manager or Project Manager to execute amendments to this Grant Agreement on behalf of the Council. VIII. GRANT PROPERTY AND DATA. 8.01 Title. Title to all personal property at the monitoring station site as described in Exhibit A and all property acquired with grant funds will remain with the Council. The Council authorizes the Grantee to utilize the personal property at the site in carrying out the Grant Project activities during the Project Activity Period. 8.02 Maintenance. The Grantee agrees to maintain any such personal property in good operating order. If, during the Project Activity Period, any personal property is no longer available for use in performing the Grant Project,whether by planned withdrawal; misuse, or casualty loss,the Grantee shall immediately notify the Council's Project Manager. 8.03 Utility Services. The Council shall make arrangements with local utilities to provide both telephone and electrical hookups as needed at the monitoring station specified in Exhibit A. All utility accounts serving the monitoring station shall be in the name of the Council. All telephone and electric utility costs for the monitoring station shall be paid by the Council. 8.04 Grant Project Closeout or Termination. No later than a)the effective date of termination as provided in Sections 6.03 and 6.04 of this Grant Agreement or b)no later than sixty (60) calendar days following the end of the Project Activity Period ("Project Closeout Date"), whichever is applicable: i) all data defined in Section 9.04 of this Agreement collected by Grantee prior to the Project Closeout Date or the effective date of termination shall be turned over to the Council by Grantee; and ii) all Council personal property in possession of Grantee wherever located and all property acquired with Grant funds shall be turned over to the Council by the Grantee. Provided, however, that if the Grant Agreement has not been terminated by either party and Grantee continues to participate in the Watershed Outlet Monitoring Program (WOMP 2) through a subsequent Grant Agreement with the Council, Grantee shall not be required to comply with Section 8.04 subparagraph(ii) until such time as Grantee's participation in the WOMP 2 program ceases. IX. GENERAL CONDITIONS 9.01 Amendments. The terms of this agreement may be changed only by mutual agreement of the parties. Such changes shall be effective only upon the execution of written amendments signed by duly authorized officers of the parties to this agreement. 9.02 Assignment Prohibited. Except as provided in paragraph 1.02,the Grantee shall not assign, contract out, sublet, subgrant, or transfer any Grant Project activities without receiving the express 5 written consent of the Council. The Council may condition such consent on compliance by the Grantee with terms and conditions specified by the Council. 9.03 Liability. Each party shall be responsible for its own acts and the results thereof to the extent authorized by law, and shall not be responsible for the acts of any others and the results thereof. The Council's liability shall be governed by the provisions of the Minnesota Municipal Torts Claim Act, Minnesota Statutes Chapter 466, and other applicable law. Grantee's liability shall be governed by the provisions of the Minnesota Municipal Claims Act,Minnesota Statutes Chapter 466, and other applicable law. 9.04 Grant Project Data. The Grantee agrees that the results of the Grant Project,the reports submitted, and any new information or technology that is developed with the assistance of this grant may not be copyrighted or patented by Grantee. The Grantee shall comply with the Minnesota Government Data Practices Act,Minnesota Statutes, Chapter 13, in administering data under this agreement. 9.05 Nondiscrimination. The Grantee agrees to comply with all applicable laws relating to nondiscrimination and affirmative action. In particular,the Grantee agrees not to discriminate against any employee, applicant for employment, or participant in this Grant Project because of race, color, creed, religion, national origin, sex,marital status, status with regard to public assistance,membership or activity in a local civil rights commission, disability, sexual orientation, or age; and further agrees to take action to ensure that applicants and employees are treated equally with respect to all aspects of employment, including rates of pay, selection for training, and other forms of compensation. 9.06 Promotional Material: Acknowledgment. The Grantee agrees to submit to the Council a copy of any promotional information regarding the Grant Project disseminated by the Grantee. The Grantee shall appropriately acknowledge the grant assistance made by the State and the Council in any promotional materials,reports, and publications relating to the Grant Project. 9.07 Compliance with Law; Obtaining Permits,Licenses and Authorizations. The Grantee agrees to conduct the Grant Project in compliance with all applicable provisions of federal, state, and . local laws, ordinances or regulations. The Grantee is responsible for obtaining all federal, state, and local permits, licenses, and authorizations necessary for performing the Grant Project. 9.08 Workers Compensation; Tax Withholding. The Grantee represents that it is compliance with the workers compensation coverage requirements of.Minnesota Statutes, section 176.181, subdivision 2, and that it, and any of its contractors or material suppliers, if any,under this contract, are in compliance with the tax withholding on wages requirements of Minnesota Statutes, section 290.92. 9.09 Jurisdiction,Venue,and Applicable Law.Venue for all legal proceedings arising out of this agreement, or breach of this agreement, shall be in the state or federal court with competent jurisdiction in Ramsey County,Minnesota. All matters relating to the performance of this agreement shall be controlled by and determined in accordance with the laws of the State of Minnesota. 9.10 Relation to State Grant Agreement. The Grantee recognizes that the Council has undertaken certain obligations as part of the State Grant Agreement. A copy of the State Grant Agreement is attached to and incorporated in- this agreement as Exhibit C. The Grantee agrees that obligations imposed by the State Grant Agreement on subgrantees or subcontractors are hereby made binding on the Grantee, and that the terms of the said agreement are incorporated into this agreement to the extent necessary for the Council to meet its obligations under the State Grant Agreement. Terms of the State Grant Agreement which are hereby specifically incorporated include, without limitation, the following: 6 Section 5 Conditions of Payment Section 10 Government Data Practices and Intellectual Property Section 11 Worker's Compensation Section 12 Publicity and Endorsement Section 13 Governing Law,Jurisdiction and Venue Section 16 Subcontracting. Section 17 Full Time Equivalency Reporting Section 18 Legacy Logo This paragraph shall not be deemed to create any contractual relationship between the State of Minnesota and the Grantee. The Grantee is not a third-party beneficiary of the State Grant Agreement. IN WITNESS WHEREOF,the parties have caused this agreement to be executed by their duly authorized officers on the dates set forth below. This agreement is effective upon final execution by, and delivery to, both parties. GRANTEE Date By Name Title METROPOLITAN COUNCIL I Date By j Keith Buttleman j Assistant General Manager,Environmental Quality Assurance Department WOMP2 Revised 12/14 7 EXHIBIT A WOMP MONITORING WORK PLAN The Grantee, City of Eden Prairie, shall operate and maintain a water quality monitoring and sampling station at Riley Creek, 15995 Flying Cloud Drive, Eden Prairie, MN. As part of this agreement, the Grantee or its designated agent as Cooperator, will conduct monitoring work, as described below, from Jan 1, 2015 through December 31, 2015. The Grantor, Metropolitan Council Environmental Services ("MCES") shall provide training, supplies, and on-going technical support to the Grantee and/or its designated agent through the WOMP Project Manager,Leigh Harrod. Contact information for the Project Manager is as follows: 651-602-8085 (o) 612-419-9503 (cell) 651-602-8220(fax) leigh.haffod@metc.st.ate.mn.us. MONITORING WORK Water Quality Sample Collection Composite Samples: Each year during ice-free conditions (generally March-November),the Grantee will submit approximately 10-15 water quality composite samples collected during storm runoff events as climatic conditions dictate. During wet years, additional composite samples may need to be collected and submitted to accurately characterize pollutant loading. For flow events of long duration, a series of 2- to 3-day composites may be needed to capture the entire hydrograph. Snowmelt runoff samples will be collected in the spring, via composite sampling or grab sampling, even if some ice is still present in the stream. Flow-composite water quality samples weighted by equal flow volume increments are required for storm- generated runoff events. Single grab samples taken during a runoff event are not considered to be adequate substitutes for storm-generated event composite samples, unless the automatic monitoring equipment has failed to operate as intended during the event. Composite Sampling Triggers: The Activation Stage and Activation Volume values that trigger and pace the automatic samplers for composite sampling shall be set as storm events approach, and set in accordance with the magnitude of the anticipated event. The Cooperator shall be issued software from Campbell Scientific which will allow the Cooperator to access the Campbell data logger by phone modem in order to set these triggers. Consultation with the Project Manager when setting the sampling triggers is strongly encouraged. If the Cooperator is unable to set the triggers when a storm approaches, for whatever reason, the Project Manager may do so. Grab Samples: As part of the annual routine monitoring at this site, the Grantee will sample the water quality of non-storm event stream flow by submitting a monthly grab sample obtained during non-storm event periods. The instantaneous stream stage, flow, field water temperature, conductivity and . transparency shall be measured at the time the grab sample is collected and recorded on the Laboratory Submission Sheet. This requirement may be waived if ice conditions preclude taking a sample. E.coli Samples: A separate E.coli grab sample should be collected and submitted along with each grab and composite sample collected. This E.coli sample must be labeled and accompanied with.its own separate Laboratory Submission Sheet when a composite sample has also been collected. E. coli samples must be delivered to the MCES laboratory within 6 hours of collection and arrive before 2 p.m. Use of a commercial courier to physically deliver the sample to the Lab, with the accompanying paperwork, is permitted. 8 Laboratory Forms and Delivery: The Grantee shall fully fill out the Laboratory Submission Sheet for Grab or Composite samples, and apply a label to the bottles of all samples brought to the MCES Laboratory. The Laboratory is located at the Metropolitan Wastewater Treatment Plant, 2400 Childs Road, St. Paul, Minnesota. The Laboratory Submission Sheets, provided by the Council's WOMP Project Manager, shall indicate all analysis typically done to meet the program goals, and shall also indicate the holding time for these analyses. A copy of the Laboratory Submission Sheet is left with the lab personnel, and a second copy must be provided to the Project Manager. Measurements of Physical Conditions If practical, it is desirable to obtain instrument(meter)measurements of dissolved oxygen,temperature, pH, and conductivity during each site visit when a sample is to be submitted to the lab. Calibration information on all field instruments used at this site shall be filled out on the Laboratory Submission Sheet. Transparency tube measurements should also be obtained during each site visit when a sample and laboratory sheet are to be submitted.. Rating Curve Measurements Stage/discharge relationships and rating curves are already established, maintained and calibrated at this site by Barr Engineering, Inc, Barr Engineering has historically developed, maintained, and calibrated stage/discharge rating curves for this sampling site to represent as closely as possible the frill range of expected discharge at the site. The rating curve information is provided to the Project Manager, who then updates the data logger program with the correct and updated rating curve equations. QUALITY ASSURANCE PROVISIONS Technical Assistance The Council's Project Manager will write and maintain the internal data logger program for the Campbell Scientific data logger. Council guidelines for data format, data downloading, station identification, programming, and sampling protocol will be observed by the Grantee. The Grantee must avoid downloading new programs into the data logger without the involvement of the Council's Project Manager. This coordination will ensure that both the Council's Project Manager and the Grantee are communicating with each other on decisions affecting the monitoring work. Site Maintenance,Equipment Calibration,and Desiccant The Grantee shall maintain the integrity of the site as needed such that access and operation of the monitoring and sampling equipment is not impeded by debris. Instruments inside the shelter must have frequent desiccant changes to perform properly. The Grantee shall adjust the in-stream conductivity probe to match a calibrated hand-held meter on a regular basis, and indicate any deviation between the calibrated hand-held probe and the in-stream probe, and all corrections made. The DTS-12 turbidity meter should be watched for erratic readings, and lowered or raised in its mounting as needed to read normally. . The Grantee should write field notes on the Lab Sheet regarding any other activity at the station, including station maintenance and monitoring equipment maintenance and/or adjustments, particularly as these activities may affect the integrity of the monitoring data 9 The Grantee must regularly check the status of the desiccant in the data logger and in the sampler, and replace when needed. The pulse radar instrument should be kept free of debris hanging on it to avoid false spikes in stage, . The rain gage should be lowered and checked with each visit,to assure that there is no debris or silt in the gage that would adversely affect the reading. The pump tubing of the automatic sampler will need periodic changing, and the pump routine recalibrated with each change. The Project Manager will train the Grantee on this procedure. Each spring, before snowmelt, the sampler should be reprogrammed and the pumping volume recalibrated. A "test" composite should be generated in advance of the main annual snowmelt event to assure that the sampler.is working properly as anticipated. Seasonal Maintenance of the Station: Each November, the rain gage shall be cleared of debris and then covered with a plastic bag to prevent snow accumulation inside the rain gage. The plastic bag shall be removed in March. The fan vent shall be secured shut by covering with duct tape to prevent rodents from entering the station. A small, portable heater shall be left cracked on during winter months to stabilize temperatures inside the shelter, to the benefit of the instruments and equipment stored inside the shelter. The DTS-12 turbidity meter should be removed from its protective casing and its mounting, and given to the Project Manager to return to the manufacturer for annual calibration. In early spring, depending upon flood and ice conditions, the DTS- 12 turbidity meter will again be re-deployed in the stream. Laboratory Forms The Council's Project Manager will supply WORD files for the Grantee to print pre-formatted forms as follows: Laboratory Submission Sheets for water quality grab and composite samples, labels for sample bottles, and a Day-of-Year chart. The Grantee will use these forms and labels for all submissions to the Council. 10 EXHIBIT B WOMP MONITORING BUDGET AND FINANCIAL RESPONSIBILITIES Grantee Financial Responsibilities The Grantee, the City of Eden Prairie shall assume the following financial responsibilities for operating and maintaining a water quality monitoring and sampling station at Riley Creek, 15995 Flying Cloud Drive, Eden Prairie,MN during the Project Activity Period(January 1,2015 through December 31,2015). On an annual basis the Grantee shall: • Assume all Grantee labor costs associated with operating and maintaining the stream monitoring station according to the WOMP Monitoring Work Plan(Exhibit A); • Assume all Grantee vehicle and mileage costs associated with operating and maintaining the stream monitoring station according to the WOMP Monitoring Work Plan; • Assume all miscellaneous materials, supplies, and sample delivery costs associated with operating and maintaining the stream monitoring station according to the WOMP Monitoring Work Plan. The Council will assist in the payment of such costs as provided for in this grant agreement. Metropolitan Council Financial Responsibilities Subject to the availability of funds, the Metropolitan Council shall assume the following financial responsibilities for operating and maintaining a water quality monitoring and sampling station at Riley Creek, 15995 Flying Cloud Drive, Eden Prairie, MN during the Project Activity Period (Januaryl, 2015 through December 31, 2015). On an annual basis the Council shall: • Assume all MCES Laboratory costs associated with analysis of the water samples submitted by the Grantee, in conformance with the WOMP Monitoring Work Plan(estimated cost: $2,500); • Assume all telephone service costs (if applicable) associated with operating and maintaining the stream monitoring station according to the WOMP Monitoring Work Plan(estimated cost: $800); • Assume all electrical service costs (if applicable) associated with operating and maintaining the stream monitoring station according to the WOMP Monitoring Work Plan(estimated cost: $350); • Assume all costs for the repair and/or replacement of all monitoring equipment necessary for operating the stream monitoring station according to the WOMP Monitoring Work Plan (estimated cost: $500); • Assume all materials and supplies costs associated with operating and maintaining the stream monitoring station according to the WOMP Monitoring Work Plan (estimated cost: $1,425), beyond the cost contributed by the Grantee($250); • Assume all MCES trades labor costs associated with maintaining the stream monitoring station in proper working order(estimated cost: $700); • Assume all labor costs for the Council's Project Manager (WOMP Coordinator), who will provide technical support, guidance, and assistance for operating and maintaining the stream monitoring station and managing and assessing the data and information generated by the monitoring work. 11 EXHIBIT C STATE GRANT AGREEMENT i I 12 Contract No,56608 STATE OF MINNESOTA GRANT CONTRACT - Met, CoUndl#12GO03 This grant contract is between the State of Minnesota,acting through its Commissioner of the Minnesota Pollution Control Agency,520 Lafayette Road North,Saint Paul,MN 55155-4194("State")and the Metropolitan Council,390 North Robert Street,Saint Paul,MN 55101 ("Grantee"), Recitals 1. Under Minn, Statutes§ 116.03 Subd,2,the State is empowered to enter into this grant.This Grant Contract is administered by the MPCA under Minn.Statutes § 114D,50 Subd.3. 2. The State is in need of the project titled"Metropolitan Area Watershed Outlet Monitoring Program 2013—2014 Workplan, 3. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State,Pursuant to Minnesota Statutes §1613.98 Subdivision 1,the Grantee agrees to minimize administrative costs as a condition of this grant. Grant Contract 1 Term of Grant Contract 1.1 Effective dalei January 1,2013,or the date the State obtains all required signatures under Minnesota Statutes §16C.05,subdivision 2,whichever Is later. The Grantee must not begin work under this grant contract until this contract is fully,executed and the Grantee has been notified by the State's Authorized Representative to begin the work, 1.2 Expiration date.December 31,2014,or until all obligations have been satisfactorily fulfilled,whichever occurs first. . 1.3 Survival of Terms.The following clauses survive the expiration or cancellation of this grant contract:Liability; State Audits;Government Data Practices and Intellectual Property;Publicity-and-Endorsement;Governing Law, Jurisdiction,and Venue;and Data Disclosure. 2 Grantee's Duties The Grantee,who Is not a state employee,shall perform the duties specified in Attachment A,which is attached and incorporated into this Grant Contract. 3 Time The Grantee must comply with all the time requirements described in this grant contract.In the performance of this grant contract,time Is of the essence. 4 Consideration and Payment 4.1 Consideration.The State will pay for all services performed by the Grantee under this grant contract as follows: I (A) Compensation. Grantee will be paid in accordance with the breakdown of costs as set forth in the budget section of Attachment A. (B) Travel Expenses.Grantee will be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided In the current"Commissioner's Plan'promulgated by the commissioner.of Employee Relations,which is incorporated in to this agreement by reference. (C) Total Obligation,The total obligation of the MPCA for all compensation and reimbursements to the Grantee under this agreement will not exceed:$405,500.00(Four Hundred Five Thousand,Five Hundred Dollars), 4.2.Payment (a)Invoices. The MPCA will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually Grant (Rev.o9/II) I CR6139 Contract No.56608 performed and the MPCA's Authorized Representative accepts the invoiced services.Invoices must be submitted upon completion of services according to the following schedule:No more frequently than monthly and no less frequently than quarterly. Invoices will reference the Grant Contract number,the Purchase Order Number,and the name of the State's Authorized Representative and will be submitted to: Minnesota Pollution Control Agency Accounts Payable,60`Floor 520 Lafayette Road North St Paul,MN 55155-4194 Or, via email to mpca.ap@state.mn.us(Subject line:Grantee name and invoice number) (b)Federal finids. 5 Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State's satisfaction,as determined at the sole discretion of the State's Authorized Representative and in accordance with.all applicable federal,state,and local laws,ordinances,rules,and regulations.The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal,state,or local law. 6 Authorized Representative The State's Authorized Representative is David A.Christopherson,Minnesota Pollution Control Agency,520 Lafayette Road North,Saint Paul,MN.55155,david.christopherson(a7state.mn.us.651-757-2849 or his successor, and.has.the responsibility-to-monitor-the-Grantee's performance and•the-author-ity-to-accept the-work provided- underthis grant agreement.If the work is satisfactory,the State's Authorized Representative shall certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is Kent Johnson,Metropolitan Council Environmental Services,2400 Childs Road, Saint Paul,Minnesota 55106,kentJohnson@rnetc.state.rnn.us,651-602-8117.If the Grantee's Authorized Representative changes at any time during this Grant Contract,the Grantee must'immediately notify the State. 7 Assignment,Amendments,Waiver,and Grant Contract Complete 7.1,Assignment.The Grantee shall neither assign nor transfer any rights or obligations under this grant contract without the prior written consent of the State,approved by the same parties who executed and approved this grant contract,or their successors in office. 7.2 Amendments.Any amendments to this grant contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract,or their successors in office. 7.3 Waiver. If the State fails to enforce any provision of this grant contract,that failure does not waive the provision or the State's right to enforce it. 7.4 Grant Conlrael Comple(e.This grant contract contains all negotiations and agreements between the State and the Grantee,No other understanding regarding this grant contract,whether written or oral,may be used to bind either party. 8 Liability Each party shall be responsible for Its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. The State's liability shalt be governed by the provisions of the Minnesota Torts Claims Act,Minnesota Statutes§3,736,and other applicable law. The .. Grantee's liability shall be governed by the provisions of the Minnesota Municipal Tort Claims Act,Minnesota Statutes Chapter 466,and other applicable law, Grant (Rev.09/11) 2 CR6139 Contract No.56608 9 State Audits Under Minn.Stat,§1613,98,Subd.8,the Grantee's books,records,documents,and accounting procedures and practices of the Grantee or other party relevant to this grant agreement or transaction are subject to examination by the State and/or the State Auditor or Legislative Auditor,as appropriate,for a minimum of six years from the end of this grant agreement,receipt and approval of all final reports,or the required period of time to satisfy all state and.program retention requirements;whichever is later. 10 Government Data Practices and Intellectual Property 10.1, Government Data Practices.The Grantee and State must comply with the Minnesota Government Data Practices Act,Minn.Stat.Ch. 13,as it applies to all data provided by the State under this grant contract,and as it applies to all data created,collected,received,stored,used,maintained,or disseminated by the Grantee under this grant contract,The civil remedies of Minn.Stat.§ 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause,the Grantee must immediately notify the State.The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released.The Grantee's response to the request shall comply with applicable law. 10.2. Intellectual Property Rights (A) All rights,title and interest to all intellectual property rights,including all copyrights,patents,trade secrets, trademarks,and service marks in the Works and Documents,shall be jointly owned by the Grantee and the State. Works means all inventions,improvements,discoveries(whether or not patentable),databases, computer programs,reports,notes,studies,photographs,negatives,designs,drawings specifications, materials;tapes;and disks conceived;reduced to practice,created or originated by the Grantee,its employees,and subcontractors,either individually or jointly with others in the performance of this Agreement.Documents shall mean the originals of any databases,computer programs,reports,notes studies,photographs,negatives,designs,drawings,specifications,materials,tapes,disks,or other materials,whether in tangible or electronic forms,prepared by the Grantee,its employees,or subcontractors,in the performance of this Agreement.The ownership interests of,the State and the Grantee in the Works and Documents shall each equal fifty percent(50%).The parry's ownership interest in the Works and Documents shall not be reduced by any royalties or revenues received from the sale of the products or the licensing or other activities arising from the use of the Works and Documents,Each party hereto shall,at the . request of the other,execute all papers and perform all other acts necessary to transfer or record the appropriate ownership interest in the Works and Documents. (B) OBLIGATIONS: 1.NOTIFICATION.Whenever any invention,improvement,or discovery(whether or not patentable)is made or conceived for the first time or actually or constructively reduced to practice by the Grantee,including its employees and subcontractors,in the performance of this Agreement,the Grantee shall upon knowledge . thereof, immediately give the State's Authorized Representative written notice thereof,and shall promptly furnish the Authorized Representative with complete information and/or disclosure thereon.All decisions regarding the filing of patent,copyright,trademark or service mark applications and/or registrations shall be the joint decision of the Grantee and the State,and costs for such applications shall be divided as agreed by the parties at the time of the filing decisions.In the event the parties cannot agree on said filing decisions, the filing decision will be made by the State. 2.REPRESENTATION.The Grantee shall not knowingly perform any acts, or take any steps,with the intent and effect:a)to prejudice the sole ownership of all intellectual property rights in the Works and Documents by the Grantee and the State,as agreed herein,or b)to cause any Grantee employee,agent,or contractor to retain any interest in and to the Works and Documents.The Grantee represents and warrants that,to the best of its knowledge,the Works and Documents do not and shall not infringe upon any intellectual property Grant (Rev.09/11) 3 CR6139 Contract No,56608 rights of others. (C) USES OF THE WORKS AND DOCUMENTS:The State and the Grantee-shall jointly have the right to make,have made,reproduce,modify distribute,perform,and otherwise use the Works,including Documents produced under this Agreement for noncommercial research,scholarly work,governmental purposes,and other noncommercial purposes without payment or accounting to the other party.No commercial development,manufacture,marketing,reproduction,distribution,sales or licensing of the Works, including Documents,shall be authorized without a future written agreement between the parties, (D) POSSESSION OF DOCUMENTS:The Documents may remain in the possession of the Grantee.The State may inspect any of the Documents at any reasonable time.The Grantee shall provide a copy of the Documents to the State without cost upon the request of the State. (E) SUITABILITY:The rights and duties of the State,and the Grantee,provided for above,shall survive the expiration or cancellation of this Agreement. 11 Workers' Compensation The Grantee certifies that it is in compliance with Minn.Stat.§ 176.181,subd.2,pertaining to Workers' Compensation Insurance coverage,The Grantee's employees and agents will not be considered State employees, Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. 12 Publicity and Endorsement 12.1 Publicity.Any publicity regarding the subject matter of this grant contract must identify the State as the sponsoring-agency-and-must-not beaeleased�without prior written approval from-the States-Authorized Representative.For purposes of this provisiop,publicity includes notices,informational pamphlets,press releases,research,reports,signs,and similar public notices prepared by or for the Grantee individually or jointly with others,or any subcontractors,with respect to the program,publications,or services provided resulting from this grant contract. 112 Endorsement.The Grantee must not claim that the State endorses its products or services. 13 Governing Law,Jurisdiction,and Venue Minnesota law,without regard to its choice-of-law provisions,governs this grant contract.Venue for all legal proceedings out of this grant contract,or its breach,must be in the appropriate state or,federal court with competent jurisdiction in Ramsey County,Minnesota. 14 Termination 14.1 Termination by the Parties. Either the State or the Grantee may cancel this Grant Contract at any time, with or without cause,upon 30 days'written notice to the other party. Upon termination,the Grantee will be entitled to payment,determined on a pro rata basis,for services satisfactorily performed. 14.2 Terminatlon for brsufficient Funding.The State may immediately terminate this grant contract if funding cannot be continued at a level sufficient to allow for the payment of the services covered here.Termination must be by written or fax notice to the Grantee.The State is not obligated to pay for any services that are provided after notice and effective date of termination.However,the Grantee will be entitled to payment,determined on a pro rasa basis,for services satisfactorily performed to the extent that funds are available.The State will not be assessed any penalty if the contract is terminated because of the decision of the.Minnesota legislature,or other funding source,not to appropriate funds..The State must provide the Grantee notice of the lack of funding within a reasonable time of the State's receiving that notice. 15 Data Disclosure Grant (Rev.09/11) 4 CR6139 Contract No,56608 Under Minn.Stat.§270C,65,Subd.3,and other applicable law,the Grantee consents to disclosure of its social security number,federal employer tax identification number,and/or Minnesota tax identification number,already provided to the State,to federal and state tax agencies and state personnel-involved in the payment of state obligations.These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities,If any, 16 Subcontracting If the Grantee decides to fulfill its obligations and duties under this Agreement through a subcontractor,to be paid for by funds received under this Agreement,the Grantee shall not execute an Agreement with the subcontractor or . otherwise enter into a binding agreement until it has first received written approval from the WCA's Authorized Representative. All subcontracts shall reference this Agreement and require the subcontractor to comply with all of the terms and conditions of this Agreement.The Grantee shall be responsible for the satisfactory and timely completion of all work required under any subcontract and the Grantee shall be responsible for payment of all subcontracts,The Grantee shall pay all subcontractors,less any retainage,within 10 calendar days of receipt of payment to the Grantee-by the State for undisputed services provided by the subcontractor and must pay interest at the rate of one and one-half percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The Grantee must follow their policies and procedures for obtaining subcontractors and/or policies and procedures per Minn.Stat, §471.345 as applicable, 17 Full Time Equivalent(FTE)Reporting MN Laws 2011,lst Special Session-,'Chapter 6,Article 5,Section 1 requires that information provided on the Legislative Coordinating Commission's Legacy Fund website must include specific information on all projects receiving funding,including:"(vi)the number of full-time equivalents funded under the project.For the purposes of this item,"full-time equivalent"means a position directly attributed to the receipt of money from one or more of the funds covered under this section,calculated as the total number of hours planned for the position divided by 2,088." 18 Legacy Logo Minnesota Laws 2010,chapter 361,article 3,section 5,(b))states: "A recipient of the funds from the outdoor heritage fund,parks and trails fund,clean water fund or arts and cultural heritage fund shall.display,where practicable, a sign with the logo developed under this section on construction projects and at access points to any land or water resources acquired in fee or an interest in less than fee title,or that were restored,protected,or enhanced,and incotporate the logo,where practicable,into printed and other materials funded with money from one or more of the funds."Clean Water land and Legacy Amendment Logo Usage Guidelines: http://www.legacy.leg.mn/sites/default/files/resources/Legacy_logo_Guidelines.pdf Download the legacy Logo: http://www,legacy.leg.mn/legacy-logo/legacy-logo-download Grant (Rev,09111) 5 CR6139 Contract No.56608 I.STATE ENCUMBI2ANC VERIFICATION 3.MINNESOTA POLLUTIO COU AGENCY Individual cert�ies that fi ds 1 e been encumbered as n�kpy ,Stat. l6A.15 d 16C,05. By: (with gated nut or' )Signed: l Title: 4 armx Date: t<(7-IJ ))go t 1� Date: Z� �t-�.�.�.Q1�1'7Z 1`7i SWIFT ContractNo.:56608 SWIFT Purchase Order No.:3000006161 2,METROPOLITAN COUNCIL The Grantee certifies that the appropriate person(s) have executed the grant contract on behalf of the Grantee as required by applicable articles,bylaws,resolutions,or ordinances. By: Title: A Date: 12 Distribution: Agency Grantee State's Authorized Representative-OnBese Grant (Rev.09/11) 6 CR6139 SWIFT Contract No.: 56608 Attachment A METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES(MCES) INTERAGENCY WATER MONITORING INITIATIVE METROPOLITAN AREA WATERSHED OUTLET MONITORING PROGRAM 2013-2014 WORKPLAN (January 2013—December 31,2014) Background: The Minnesota Pollution Control Agency's(MPCA.)Watershed Pollutant Load Monitoring Network forms the core of a long-term program designed to measure and compare regional differences and trends in water quality from Minnesota's rivers and the outlets of tributaries draining to these rivers. The program was begun in 2007 with an appropriation from Minnesota's Clean Water Legacy Fund, In the'twin Cities area,Metropolitan Council Environmental Services (MCES)Is the only entity that collects water quality data across the entire area,MPCA needs the efficiency of using MCES' Watershed Outlet Monitoring Program(WOW)to support the Load Monitoring Network.This agreement provides MCES a portion of the necessary funding. The stream chemistry and flow monitoring done by MCES is critical for understanding the water quality In this area of the State,the stressors to that water quality,and trends over time. The data is also used to assist with impaired waters assessments,watershed and water quality studies and reports,watershed modeling efforts,-and the measurement of-the ongoing effectiveness-of watershed protection and restoration plans. Objective: Operate and maintain 7 of the WOMP monitoring sites for measurement of stream flow, water quality,and pollutant loads. The monitoring work described below (see"Monitoring Description") will complement MCES monitoring of stream flow, water quality, and pollutant loads at 18 sites in 15 Metro Area watersheds. Partners: Local partners will include the City of Eden Prairie,the Lower Minnesota River and Valley Branch Watershed Districts, the Bassett Creek Watershed Management Commission, and the Dakota County, Scott County, Washington County, and Wright County Soil and Water Conservation Districts(SWCDs). To support and encourage the participation of local partners,MCES provides $5,000.00 of state funding per year for each monitoring site, to help offset each local partner's costs for monitoring labor,mileage, and materials and supplies. MCES then uses the remainder of the state funding to pay all costs for monitoring equipment, monitoring station maintenance, utilities, laboratory analysis of water samples, program coordination, data management, and report preparation. CR6139 1 SWIFT Contract No.: 56608 Monitoring Type: Condition Monitoring and Problem Investigation Monitoring Monitoring Description: Long-term water quantity/quality monitoring sites have been established and operated at the outlets of 8 Mississippi, Minnesota, and St, Croix liver tributaries throughout the Metropolitan Area, Monitoring sites oh Mississippi River tributaries include Bassett Creels,Cannon River,Crow River, and Minnehaha Creek, Monitoring sites on Minnesota River tributaries include Eagle Creels,Riley Creek,and Willow Creek. Valley Creek,tributary to the St,Croix River, also has a monitoring site. These sites have been established and operated in partnership with local units of government(see above). During the 2013-2014 period,MCBS and partners will continue to operate all monitoring sites except Willow Creek. In addition,MCES and partners can conduct supplementary monitoring of WOMP streams,as requested by MPCA,,to meet any targeted needs for surface water assessment data during the'2013-2014 period. To ensure consistency and quality of the monitoring information obtained,MCES provides program oversight and coordination, technical guidance, and assistance with site set-up, maintenance, and operation. Monitoring sites will be operated by local partners, to the extent possible. Citizen involvement in the monitoring effort will also be encouraged as opportunities arise. At each monitoring--sites stream-stage-and flow;temperature; and-specific-.-conductance-will-ba continuously measured with on-site instrumentation and dataloggers, In addition,turbidity will be continuously measured at one site(Riley Creek), using portable instrumentation that can be moved from site to site when needed: Where feasible,precipitation will also be measured with an on-site, datalogging rain gauge. During precipitation and runoff events (generally during the March- October period), automated samplers will composite water quality samples over the event hydrograph. Grab samples will be obtained during stream baseflow conditions. Local partners will download dataloggers,help maintain sites and instrumentation,establish and maintain stream rating curves, and collect and submit water quality samples (chemical and biological). Monitoring of stream biota (biomonitoring) is being conducted by MCES staff at three WOMP streams(Eagle, Minnehaha, and Valley Creeks). For more information on MCES stream monitoring protocols, please refer'to the document: "Metropolitan Council Environmental Services Quality Assurance Program Plan:Stream Monitoring"at: http•//www metrocouncit.org(environment/RiversLakes/streams/documents/Stream%2OMorAtorin %NQAPP Revised 0111 Web Reduced.pdf The MCES Laboratory Services Section will analyze the water quality samples collected by local partners. Water quality samples will typically be analyzed fora number of chemical water quality variables, including: alkalinity, hardness, turbidity, total and volatile suspended solids, chemical oxygen demand,total organic carbon, several forms of phosphorus (total and ortho), several forms of nitrogen (total, Kjeldahl, nitrite, nitrate, and ammonia), chlorophyll-a, chloride, sulfate, and Bscherichia coii bacteria, CR6139 2 i' SWIFT Contract No.: 56608 Synthesis and management of all data/information obtained from the monitoring sites will be conducted by the MCES Environmental Monitoring and Assessment Section. Monitoring information will be available to the local partners and MPCA on an annual basis, so that the information can be used for assessing water quality conditions,documenting water quality,trends, identifying water quality problems, preparing and updating watershed and local comprehensive plans,preparing TMDL plans,and implementing watershed best management practices(BMPs)for nonpoint source pollution abatement,as appropriate. Data and Reporting: WOMP Data All program monitoring data obtained during the 2013-2014 period,including field data,continuous monitoring data(stream flow,temperature,and specific conductance),precipitation data, laboratory data,and biological monitoring data, will be available to the local partners and WCA through the MCES Environmental Information Management System(ENS)and/or on an as-requested basis. Biennia!Progress Report The MCES Environmental Monitoring and Assessment Section will prepare a 2013-2014 biennial progress report on the status of the "Metropolitan Area Watershed Outlet Monitoring" Program. The 20132014 progress report will provide a biennial summary of the program,including program accomplishments and results,measures of monitoring success,recommendations for continuing the monitoring (or.not); recommendations for modifying the monitoring approach (if needed), and a suggested budget for the.2015 2016 biennium. The 20132014 biennial.progress report will be provided to the MPCA by December 31,2014. . Measurable Outcomes: a Operation and maintenance of 7 "Metropolitan Area Watershed Outlet Monitoring Program" (WOMP)monitoring sites as described above. a Active cooperation with and assistance to the local water monitoring partners listed above in operating and maintaining the 7 sites. o Measurement of the water quality parameters listed above according to the schedule specified above. e Laboratory analysis of the collected water quality samples as listed above. o Storage and management of all data resulting from the water quality monitoring and laboratory analysis. o Availability of the data to the MPCA and to local partners on an annual basis and as requested, so that the information can be used for water quality management efforts as described above. o Provision of a biennial progress report on the status of the monitoring program as specified above. CR6139 3 SWIFT Contract No.: 56608 ? Time Frame: January 2013 through December 31,2014.Sudget: $405,500 for the 2013-2014 period(includes 1.0 FTE): $201,750 in 2013 and $203,750 in 2014. A two-year budget is presented below. 2013(January,2013-December 31,2013) . Labor: MCES Staff(Salary/Benefits/OT for 1.0 EMA FT8): $ 86,500 Local Monitoring Partners: $ 35,000 MCES Analytical Costs, $ 40,000 Monitoring Site and Equipment Maintenance and Replacement: $ 18,500 Monitoring Materials and Supplies: $ 11,000 MCES Vehicle Expense(Fuel and Repairs): $ 2,000 Monitoring Site Utilities: $ 8,500 Training and Travel(MCES Staff): $ 250 Total 2013: $201,750 2014(January 2914-December 31,2014) Labor: MCES Staff(SalaryBenef:ts/OT for 1.0 EMA FTE): $ 88,500 Local MonitoAg-Partners: $- 35;000 MCES Analytical Costs: $ 40,000 Monitoring Site and Equipment Maintenance and Replacement: $ 18,500 Monitoring Materials and Supplies: $ 11,000 MCES Vehicle Expense(Fuel and Repairs): $ 2,000 Monitoring Site Utilities: $ 8,500 Training and Travel(MCES Staff): $ 250 Total 2014: $203,750 2013-2014(January 2013—December 31,2014) Total: $405,500 Contact: Kent Johnson Phone: 651-602-8117 Manager FAX: 651-602-8220 Environmental Monitoring and Assessment Section E-Mail:kent.johnson@mete.state.mn.us Metropolitan Council Environmental Services 2400 Childs Road St.Paul,MN 55106 Leigh Harrod Phone: 651-602-8085 Senior Environmental Scientist FAX: 651-602-8220 Environmental Monitoring and Assessment Section E-Mail: leigh.harrod@metc.state.mn.us Metropolitan Council Environmental Services 2400 Childs Road St.Paul;MN 55106 CR6139 4 Met Council f#12G003 AMENDMENT 1 TO SWIFT CONTRACT NO.56608 Purchase Order No.:$000006161 Contract Start pate: January 1,2013 Total Contract Amount: $406.500.00 Original Contract Expiration Date: DecemberM,2 114 Original Contract: $405,500.oq Current Contract Expiration Date: necember 31,2014 Previous Amendment(s)Total: $0 Requested Contract Expiration Date: _ Pebruar)r 28,2015 This Amendment: _t0 This amendment is by and between the State of Minnesota,through its Commissioner of the Minnesota Pollution Control Agency,520 Lafayette Road North,Saint Paul,MN 56156.4194("State")and the Metropolitan Council,390 North Robert Street,Saint Paul,MN 55101 (`Grantee"). Recitals 1. The State has a Grant Contract with the Grantee Identified as SWIFT Contract No.66608,titled"Metropolitan Area Watershed Outlet Monitoring-Program 2013—2014 Workplan."CContract""Grant Contract'.or"Agreement°)to Operate and maintain seven(7)of the WOMP monitoring sites for measurement of stream now,water quality,and pollutant loads. 2. This Contract is being amended to provide greater objective detail and adequate time for the Grantee to issue the biennial progress report to the State. 3. The State and the Grantee are willing to amend the Original Contract as stated below. Contract Amendment In this Amendment,changes to pre-existing Contract language will use sk ke4lv-ough for deletions and u Berlin n for insertions. REVISION 1.Clause 1,"Term of Grant Contract"Is amended as follows: I A Effective date:January 1,2013,or the date the State obtains all required signatures under Minnesota Statutes §16C.05,subdivision 2,whichever is later. The Grantee must not begin work under this Grant Contract until this contract is fully executed and the Grantee has been notified,by the State's Authorized Representative to begin the work. 1.2 Expiration date:98saMbgr h EMbmaM 2gt 2015,or until all obligations have been satisfactorily fulfilled, whichever occurs.first. 1.3 Survival of Terms.The following clauses survive the expiration or cancellation of this Grant Contract:Liability; State Audits;Government Data Practices and Intellectual Property;Publicity and Endorsement;Governing Low, Jurisdiction,and Venue;and Data Disclosure. REVISION 2. Clause 2."Grantee's Duties"Is amended to add: The Grantee,who is not a State employee,shall perform the additional duties as detailed In flevised Attachment A,which is attached and Incorporated into this Contract. REVISION 3. Clause 4"Consideration and Payment"Is amended as follows: 4.1 Consideration.The State will pay for all services performed by the Grantee under this grant contract as follows: (A) Compensation.Grantee will be paid in accordance with the breakdown of costs as set forth in the budget section of Revised Attachment A, (S) Travei Expenses.Grantee will be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided In the current"Commissioner's Plan"promulgated by the commissioner of Employee Relations,which Is incorporated In to this agreement by reference. 1 Rev.7/11 1 CR6139 AMENDMENT 1 TO SWIFT CONTRACT NO:56608 Purchase Order No.:3000006161 P rota!Obligation.The total obligation of_the MPGA for all compensation and reimbursements to the Grantee underthis agreement will not exceed:$40h;600.00(Four Hundred Five Thousand;Dive Hundred D.oilars). 4.2. PayMignt The..MPCA.will promptly pay the Grantee after the Grantee presents ad itemite.d.10*0 for the services:actually performed and the MPCQ's Autitgrized.Representative accepts the invoiced services. Invoices.mtAst ba.submitted upon completion of serV16%aocordlrig to the following schedule: I o more frequently than monthly and ro less frequently than.quartarly: lilivoicesmill r6ference:the:.Grant Cotitractnumber;the,Purchase Order Number,and-the name oflhe State'6 Authorized Repres.entatide.pnd will be submitted to: mimm ota Pollution Control Agency Accounts Payable,6'. Floor 520 Lafayette Road North Si Paul,MN 6.61554194 Or;via-emall.to rrpea.aa state)nn;us(Subject llft4 Grantee.nama and invoice number) (b)Fedora!funds. 1.STATE ENCUMBRANCE VERIFICATION. IMINNUSOTA•POLLUVON`CON7BOT,AGENGI( - /ndivldu lceitif/esihotfuridsh#d.beeitencumbe�edas , requlredbylt?f RSfaf."16A,15•and16G:05. Dy: WI 1�='L � (with Ofta ed Oulti'ori y) Signed; Title: Date: 2 �G .20/ pate: 2.METROPOLITAN COUNCIL The Grantee,oertl Res sthat.tho approp0ate.person(Q have executed th6egrant d0tracCon behalf of the Grantee es required by appall Ve arUctes,.bylaws,m3oldtions,.or oldlnances. By: /1...a Title• t2t , Date 2 Rev.7/11 i CR6139 AMENDMENT 1 TO SWIFT CONTRACT NO,56608 Purchase Order No.:3000006161 3 Rev.7/it CR6139 1 •a � SWIFT Contract No.: 5660a fty sed Attachment A METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES(MCES) INTERAGENCY WATER MONITORING INITIATIVE METROPOLITAN AREA WATERSHED OUTLET MONITORING PROGRAM 2013-2014 WORKPLAN (January 2013--December 31,2014) Background: The Minnesota Pollution Control Agency's(MPCA)Watershed Pollutant Load Monitoring Network forms the core of a long-term program designed to measure and compare regional differences and trends in water quality from Minnesota's rivers and the outlets of tributaries draining to these rivers. The program was begun in 2007 with an appropriation from Minnesota's Clean Water legacy Fund. In the Twin Cities area,Metropolitan Council Environmental Services(MCES)Is the only entity that collects water quality data across the entire area.MPCA needs the efficiency of using MCES'Watershed Outlet Monitoring Program(WOMP)to support the Load Monitoring Network.This agreement provides MCES a portion of the necessary funding. The stream chemistry and flow monitoring done by MCES is critical for understanding the water quality in this area of the State,the stressors to that water quality,and trends over time. The data is also used to assist with impaired waters assessments,watershed and water quality studies and reports,watershed modeling efforts,and the measurement of the ongoing effectiveness of watershed protection and restoration plans. Objective.- Operate and maintain 7 of the WOMP monitoring sites for measurement of stream flow,water quality,and pollutant loads, The monitoring work described below (see "Monitoring Description") will complement MCES monitoring of stream flow,water quality, and pollutant loads at$8i5 sites in U14 Metro"Area watersheds, Partners: Local partners will Include the City of Eden Prairie,the Lower Minnesota River,111ley-Purgalory- MV#_Cre_eL and Valley Branch Watershed Districts,the Bassett Creek Watershed Management Commission,and the Dakota County,Scott County,Washington County,and Wright County Soll and Water Conservation Districts(SWCDs). To support and encourage the participation of local partners, MCES provides $5,000,00 of state funding per year for each monitoring site,to help offset each local partner's costs for monitoring labor, mileage, and materials and supplies. MCES then uses the remainder of the state funding to pay all costs for monitoring equipment, monitoring station maintenance, utilities, laboratory analysis of water samples, program coordination,data management,and report preparation. CR6139 SWIFT Contract No.: 56608 MonitoringType, Condition Monitoring and Problem Investigation Monitoring Monitoring Description: ince 1998 Ion -term water quantity/quality monitoring sites have been established and operated at the outlets of 8 Mississippi,Minnesota,and St.Croix River tributaries throughout the Metropolitan Area. Monitoring sites on Mississippi River tributaries include Bassett Creek,Cannon River,Crow River,and Minnehaha Creek. Monitoring sites on Minnesota River tributaries include Eagle Creek,Riley Creek,and Willow Creek(de-commissioned jt the end of 40a91. Valley Creek, tributary to the St,Croix River,also has a monitoring site, These sites have been established and operated in partnership with local units of government(see above). 9 t a-jn 2013-2014 peed, MCES and partners will continue to operate allthe followi monitoring sites: Bassett Creek,Cannon River, Crow River,,Eagle Creek,_Minnehaha CreekRiley CMek`and Valley Creek eeeept Willow Gr;e4. In 2014,MCES and wiltners will continue to operate the following monitoring sites:Bassett Creek, Cannon River, Chow River, Eagle Creek, Riley Creek, and Valley Creek, ThC Minnehaha Creek monitoring site will be de-Ummissloned,as no monitoring partner is avaiiable to operate the site. However,a new mo,Witoring site will be Qoeratgd on PuMtor)t Creek, In addition, MCES and partners can conduct supplementary monitoring of WQMP streams, as requested by MPCA, to meet any targeted needs for surface water assessment data during the 2013-2014 period. To ensure consistency and quality of the monitoring Information obtained, MCES provides program oversight and coordination, technical guidance, and assistance with site set-up, maintenance,and operation, Monitoring sites will be operated by local partners,to the extent possible. Citizen involvement in the monitoring effort will also be encouraged as opportunities arise. At each Monitoring site, stream stage and flow, temperature, and specific conductance will be continuously measured with on-slte instrumentation and dataloggers, in addition,turbidity will be continuously measured at one site (Riley Creek), using portable Instrumentation that can be moved from site to site when needed. Where feasible,precipitation will also be measured with an on-site, datalogging rain gauge, During precipitation and runoff events (generally during the March-October period),automated samplers will composite water quality samples over the event hydrograph, Grab samples will be obtained during stream basenow conditions. local partners will download dataloggers, help maintain sites and Instrumentation, establish and maintain stream rating curves,and collect and submit water quality samples(chemical and biological). Monitoring of stream biota(blomonitoring)is being conducted by MCES staff at three WOMP streams(Eagle, Minnehaha, and Valley Creeks). For more information on MCES stream monitoring protocols, please refer to the document: "Metropolitan Council Environmental Services Quality Assurance Program Plan;Stream Monitoring"at: htto-,Hwww.metrocou cil.o g environment/RiversLakes/streamsLdocuments Stream%2oMP-PAod ng%209APP Revised 0111 Web Reduced.udf CR6139 2 SWIFT Contract No.: 56608 The MCES Laboratory Services Section will analyze the water quality samples collected by local partners, Water quality samples will typically be analyzed fora number of chemical water quality variables, including: alkalinity, hardness,turbidity, total and volatile suspended solids, chemical oxygen demand, total organic carbon, several forms of phosphorus (total and orthe), several forms of nitrogen (total,K)eldahl, nitrite,'nitrate,and ammonla), chlorophyll-a, chloride, sulfate, and Escherichia coif bacteria. Synthesis and management of all data/Information obtained from the monitoring sites will be conducted by the MCES Environmental Monitoring and Assessment Section, Monitoring information will be available to the local partners and MPCA on an annual.basis, so that the information can be used for assessing water quality conditions,documenting water quality trends, Identifying water quality problems,preparing and updating watershed and local comprehensive plans,preparing TMDL plans,and Implementing watershed best management practices(BMPs)for nonpoint source pollution abatement,as appropriate. Data and Reporting: WOMP Data All program monitoring data obtained during the 2013.2014 period, including field data, continuous monitoring data (stream flow,temperature,and specific conductance), precipitation data,laboratory data,and biological monitoring data,will be available to the local partners and MPCA through the MCES Environmental information Management System(EIMS)and/or on an as- requested basis. Biennial Progress Report =ff r=»=3=== The MCES Environmental Monitoring and Assessment Section will prepare a 20B-2014 biennial- progress report on the status of the"Metropolitan Area Watershed Outlet Monitoring"Program. The 2013-2014 progress report will provide a biennial summary of the program,including program accomplishments and results, measures of monitoring success, recommendations for continuing the monitoring(or not),recommendations for modifying the monitoring approach(If needed),and a suggested budget for the 2015-2016 biennium. The 2013-2014 biennial progress report will be provided to the MPCA by Deeembas B; ;!0 "February 28,2015. Measurable Outcomes: • Operation and maintenance of 7"Metropolitan Area Watershed Outlet Monitoring Program" (WOMP)monitoring sites as described above. • Active cooperation with and assistance to the local water monitoring partners listed above in operating and maintaining the 7 sites. • Measurement of the water quality parameters listed above according to the schedule specified above, • Laboratory analysis of the collected water quality samples as listed above. • Storage and management of all data resulting from the water quality monitoring and laboratory analysis. CR6139 3 SWIFT Contract No.: 56608 • Availability of the data to the MPCA and to local partners on an annual basis and as requested,so that the Information can be used for water quality management efforts as described above, e Provision of a biennial progress report on the status of the monitoring program as specified above. -- Time Frame: January 2013 through December 31,2014. Budget: $405,50D for the 2013-2014 period(Includes 1.0 FTE): $201,750 in 2013 and$203,750 In 2014. A two-year budget is presented below. 2013(January 2013-December 31,2013) Labor: MCES Staff(Salary/Benefits/OT for 1.0 EMA FTE): $ 86,500 Local Monitoring Partners: $ 35,000 MCES Analytical Costs: $ 40,D00 Monitoring Site and Equipment Maintenance and Replacement: $ 18,500 Monitoring Materials and Supplies: $ 11,000 MCES Vehicle Expense(Fuel and Repairs): $ 2,000 Monitoring Site Utilities: $ 81500 Training and Travel(MCES Staff): $ 250 Total 2013: $201,750 2014(January 2014-December 31,201.4) „ Labor: MCES Staff(Salary/Benefits/OT for 1.0 EMA FTE): $ 88,500 Local Monitoring Partner§: $ 35,000 MCES Analytical Costs: $ 40,OOD Monitoring Site and Equipment Maintenance and Replacement: $ 18,500 Monitoring Materials and Supplies: $ 11,000 MCES Vehicle Expense(Fuel and Repairs): $ 2,000 Monitoring Site Utilities: $ 8,500 Training and Travel(MCES Staff): $ 250 Total 2014: $203,750 2013-2014(January 2013—December 31,2014) Total: $405,500 CR6139 4 SWIFT Contract No.; s6608 Contact: KentJohnson Phone: 651-602-8117 Manager FAX: 651-602-8220 Environmental Monitoring and Assessment Section E-Mail; kent.johnson@metc.state.mn.us Metropolitan Council Environmental Services 2400 Childs Road St.Paul,MN 55106 Leigh Harrod Phone; 651-602.8085 Senior Environmental Scientist FAX: 651-602-8220 Environmental Monitoring and Assessment Section E-Mall:leigh.harrvd@metc.state,mn.us Metropolitan Council Environmental Services 2400 Childs Road St.Paul,MN 55106 CR6139 S Minnesota Pollution Control Agency AMENDMENT 2 TO SWIFT CONTRACT No,5660a purchase Order No.:3000006161 Contract Start Date: January,1,2013 TotalContractAmount: $600,500.00 Original Contract Expiration[late: December 31,2014 Original Contract: $405,500,0o Current Contract Expiration Date: February 28,2015 Previous Amendment(s)Total: $0 Requested contract Expiration Date: February 29,2016 This Amendment: $195,000.00 This amendment is by and between the State of Minnesota,through its Commissioner of the Minnesota Pollution Control Agency,520 Lafayette Road North,Saint Paul,MN55155-4194("State"),and the Metropolitan Council,390 North Robert Street,Saint Paul,MN 55101("Grantee"), Recitals 1, The State has a grant contract with the Grantee identified as SWIFT Contract Number 56608 ("Original Grant Agreement")to provide the project titled"Metropolitan Area Watershed Outlet Monitoring Program 2013-2A14 020115_Workplan", 2. Agreement Is being amended to add duties,funds and extend end date, S. The State and the Grantee are willing to amend the Original Contract as stated below, Contract Amendment REVISION 1.Clause 1."Term of Grant Agreement"Is amended as follows: 1.1IFffective date:January 1,2013,or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05,subdivision 2,whichever Is later. The Grantee must not begin work under this grant contract until this grant contract is fully executed and the Grantee has been notified by the State's Authorized Representative to begin the work. 1.2 ExpirationdatBr —A-la-y21° 2015 February 29,2016,or until all obligations have been satisfactorily fulfilled,whichever occurs first. REVISION 2,'Clause 2."Grantee's Duties"is amended to add: The Grantee,who Is not a State employee,shall perform the additional duties as detailed In Revised Attachment A-1 which is attached and Incorporated Into this Contract. REVISION 3. Clause 4."Consideration and Payment"is amended as follows: 4.1 Consideration.The state will pay for all services performed by the Grantee under this grant .contract as follows: (A) Compensation,Grantee will be paid in'accordance with the breakdown of costs as set forth in the budget section of Revised Attachment A-1, (8) Travel Expenses,Grantee will be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current"Comm Isslondi's Plan" promulgated by the commissioner of Employee Relations,which Is incorporated in to this agreement by reference, ro r2,o - r n f ii (C) Tanal0110. don.Theloof-piblfoatlbp dihs":mPd*for ll gttmpenkatlan and reCm bufsetrent tb tbarahtee=u)i�ertli�. ailemetlf wlll_not ,tA4l�Ey698�89 Ee ' $600 50t?00( Ix'tlu►ttira'd Thousand.�Elo �lundred Dollars and No.Centsl: � I � A:ZJc gymgt7: he:IV1P A..:vuj_II Protiiptljr.p.�y;ttl r:ntee' ftert`f ;C;range:prpserit: .ti Rtemi : '[pvoice fbr the seNfees'actuaily p,erforme and the NJPCA!s Authorized Rspreset�taflve accepts the Invoiced ll; StiltiCeSr InVol e�mast he u muted upari comply#t Of k6 vlEes.atcQrd4:to the following schedule:iV fregUentty thaq monthly and no iess frequenttyihari quarterly; 1[ lnvdJos WJll.teWence tho".GranfGbntracf ritiri�be.r;file P:ur'eW6.Order Numijer;and the n.gm.e of the Slate's Agffi, ei l;opToOfit.t ve a,!1d Vufll be stalimitfeii:#of 04,via mpca:aoJOAatemmn;Os 4501ett line,Granteename:andinvplcenumber) (b)Federal funds. N h ' t qq� 7.$7A'f�,�{�C.IJINpl7AN:.�E�1��2.1FI�AYION 3;NfI.f�NES()7A�POlLf3JtON¢ONTftOL;gGE�ICY lntGv/duat ceNilfs�thl+tlu�ds;h�ve barn er�cumb�reifas {equ(ralf4ylbtl�i�,�Sle{ t6/115and j6Cb5 ty: ' `illf 9_ -0040 Dates :l A? .I 2..METRQPQ1,l.7AWOQV NCIL The;Grant§9::c@iiljle;,lh k i iapRroPitat$;� i on(sj; f heve;.sX$'wtm'd ihs grant tiontracCO bahaJf 9f itSg Graff te's;as. regiitredby,s fn:ebJeitttclae b Ws raeolulione of �lliie cds. �YJ Ttilo. n_y.;:; a� 1 i ti ru.aa�a i SWIFT Contract No.: 56608 Revised Attachment A-1 METROPOLITAN COUNCIL,ENVIRONMENTAL SERVICES(MCES) INTERAGENCY WATER MONITORING INITIATIVE METROPOLITAN AREA WATERSHED OUTLET MONITORING PROGRAM 2013-209-2015 WORKPLAN (January 1 2013—Deeembet Fcbruary 24.211161 Background: The Minnesota Pollution Control Agency's(MPCA)Watershed Pollutant Load Monitoring lsotwork forms the core of a long-term program designed to measure and compare regional differences and trends In water quality from Minnesota's rivers and the outlets of tributaries draining to these rivers. The program was begun in 2007 with nn appropriation front Minnesota's Clean Water Legacy Fund, In the Twin Cities area,Metropolitan Council Enviroiunental Services (MCES)is t1wonly entity that collects water quality data across the entire area.MPCA needs the efficiency of using MCES'Watershed Outlet Monitoring Program(WOMP)to support the Load Monitoring Network,This agreement provides MCES a portion of the necessary funding. The stream chemistry and flow monitoring done by MCES is critical for understanding the water quality in this area of the State,the stressors to that water quality,and trends over time. The data is also used to assist with impaired waters assessments,watershed and water quality studies and reports,watershed►nodeling efforts,and-the measurement of the ongoing effectiveness of watershed protection and restoration plans, Objective: Operate and maintain 7 of tine WOMP monitoring sites for measurement of stream flow, water quality,and pollutant loads. The monitoring work described below(see "Mouttoring Description')will complement MCES monitoring of stream flow, water quality,and pollutant loads at 44 1 S sites in 4-5 14 Metro Area watersheds, Partners: Local partners will include tine City of Eden Prairie,the Lower Minnesota River,RileyPargatory- Bluff Creek, slid Valley Branch Watershed Districts, the Bassett Creek Watershed Management Commission,and the Dakota County,Scott County, Washington County, and Wright County Soil and Water Conservation Districts(SWCDs), To support and encourage the participation of local partners, MCES provides $5,000.00 of state funding per year for each monitoring site, to help offset each local partners costs for monitoring labor,mileage,and materials and supplies, MCPS then uses the remainder of the state funding to pay all costs for monitoring equipment,monitoring station maintenance, utilities, laboratory analysis of water samples,#reg}anreoardinatlenata rnnat�ageme{tt;and reper Preparatien and a staff position(1.0 FTE,that coordinates all elements of the pro rg aw,manages the data and spares reports CR6139 ► SWIFT Contract No.: 56608 1 Monitoring Type- Condition Monitoring and Problem Investigation Monitoring Monitoring Description- Since 1998,finding from the MPCA has enabled'MCES to establish and operate long-term water quantity/quality monitoring sitesroted at the.outlets of 8 -9 Mississippi, Minnesota, and St, Croix River tributarios throughout the Metropolitan Area, Monitoring sl(t�s on Mississippi River tributaries iuclude Bassett Creek,Cannon River,Crow River, and Minnehalra Creek(d"omtnissloned at the end of 2013). Monitoring sites on Minnesota River tributaries include Eagle Creek, Purgatoly Creek, Riley Creek, and Willow Creek (de- commissioned at the end of 2009), Valley Creek, tributary to the St, Croix River, also lips a -monitoring site. These sites have been established nt-d operated in p6daership with local units of government(see above). In 2013,MCES and part-iers will continue to operate the following monitoring sites:Bassett Creek, Cannon River,Crow River,Eagle Creek,Minneltalia Creek,Riley Creek,and Valley Creek, In 2014,MCES and parittors will continue to operate the following monitoring sites:Bassett Creek, Cannon River, Crow River, Eagle Creek, Riley Creek,and Valley Creek, The Minnehaha Creek monitoring site will be de-commissioned,as*no monitoring partner is available to operate the situ. However,a new monitoring site will be operated on Purgatory Creek, in 2015,MCES and tt_ariners will continue to oRerate seven tnonitoring.sites:,Bassett Creek,Cannon River Crow River Eagle Creek Purgatory Creek Riley Creek and Valigy Creek. The R11gy Creek tnonitori-t¢station may be out of service fora portion of 2915 due to bridge ne construction agar the monitoring site In this oh cuntstance automated continuous collection of stream sta a and flow, temperature,specific conductanoe and turbidity data will not be,possible, nor will ii be possible to obtain event activated automated 001n-osite sa-males However,2011 sa-npling can be conducted to characterize water quali conditions durin baseflow a"d rtanoff events. In addition, MCES and partners can conduct supplementary 'monitoring of WOMP streams, as requested by MPCA,to meet any targeted needs for surface water assessment data during the 2013- 2 W 2l5 period, To ensure consistency and quality of the monitoring infbipation obtained,MCES provides program oversight and coordination, technical guidance, and assistance with site set-up, maintenance, and operation. Monitoring sites will be operated by local partners,to the extent possible, Citizen involvement in the monitoring effort will also be encouraged as opportunities arise. At each monitoring site, strea-n stage and flow, temperature, and specific conductance will be continuously measured with on-site instrinnentation and dataloggers: In addition,turbidity will be continuously measured at ene-site-two sites (Riley Creek and Purgatory during the open-water season. "e4listrumentatiall tIh*-0"e lnff ed fmnl site to site when 11 Where feasible, precipitation will also be -measured with an on-site, datalogging rain gauge, During precipitation and runoff events (generally during the March•Ocfober period),automated sainplers will composite water quality samples over the event hydrograph. Grab samples will be obtained during stream baseflow conditions, Local partners will dewulead-dataleggefe,help maintain sites and instnnmentatiam,,l,1 1p establish and -naintain stream rating curves when pogaible, and collect and subunit water quality samples (cheinleal and biological), Mexitering_Annual nmQ�itoring of CR6 t 39 2 SWiFT Contract No.: s66o8 stream bleta(biomonitoring) is being conducted by MCBS staff at three WOMP streams(Eagle, Mlimehaha,and Valley Creeks);usini MPCA's MIBI prbwcol, For more information on•MCES stream monitoring protocols, please refer to the document: "Metropolitan Council Enviromnental Services Quality Assurance Progralp Plan;Stream Monitoring"at: him'!/vwvw•inetreeeuftt�arg>te� ii}aittsFS#gait�%2si14eiti4;er,�, a2$9A�F- ey+secl 9>_l l—tl�h » a.m d aP httu//www metroeonnoil or�Wastetivater Waterl!'ubJicatians And Resources/Stream Monitdrin� 4APP. Revised 011I Web Reduced n� d�snx The MCES Laboratory Services Section will analyze the water quality samples collected by local partners. Water quality samples will typically be analyzed for a number of eliemical water quality variables, including: alkalinity, hardness;hirbidity, total and volatile suspended solids, chemical oxygen dennnd,total organic carbon,several forms of phosphorus (total and ortho),.several forms of nitrogen (total, Kjeldaht, nitrite, nitrate, and aininouia), chlorophyll-a, chloride, sulfate, and Escherlchia cola bacteria. Synthesis and management of all data/inforination obtained from the monitoring sites will be conducted by the MCES Environmental Monitoring and Assessment and Water Resources Assessment Sections Monitoring information will he available to the local partners and MPCA on an annual basis, so that the information can tie used for assessing water quality conditions, documenting water quality trends, fdentifyiug water quality problems, preparing and updating watershed and local comprehensive plans, preparing TMDL plans and WWS reports, and implementing watershed best management practices (BMPs) for nonpoint source pollution abatement,as appropriate. Data and Reporting; WOMP.Dula All prograin 111onitoriitg data obtained during the 2013-M4 M period, inekiding field data, continuous monitoring data (stream ,flow, temperature, specific conductance, ;and huk h), precipitation data, laboratory data, and biological monitoring data, will be available to the local partners and MPCA through the MCES Environmental Information Management System(EIMS) and/or on an as-requested basis, Xnterim PYOL+mn Report The MCES Environinentat Monitoring.and Asaessinent & 11211 will prepare a brief interim progress report for the 2013-201 will provide a description of"Med011tan Area Watershed dutlet Monitoring" Pro rag m accom lishments and r suits during the 2013 2014 pgrlod, recommendations (if needed for monitoriitg inodificatiops and a budget update The mterun nrngMss report will be provided to the MPCA by FiebruarY28 2015 rle r rlal Mehl AdVrogress Report The MCES Envlroltinental Monitoring and Assessment Section will prepare a 2013 Uj4 bleim I trlenlital (2013-2015 progress report on the status of the "Metropolitan Area Watershed Outlet Monitoring"Program. The 2011i^14 2013-2015 progress report will provide a bielliflal summary of the program, including program accomplishments and results,measures of monitoring success, CIZ6139 3 - SWIFT Contract No.: 56608 recommendations for continuing the monitoring (or not), recommendations for modifying the monitoring approach(if needed),and a suggested budget for.the 201-4-246 2016-2017 biennium. The^"'�Gv13 2014"bien►cia! 2013-2015triennial progress report will be provided to the MPCA by li mary-28,,40.1-February 29,2016. Measurable Outcomes: • Operation and maintenance of 7 "Metropolitan Area Watershed Outlet Monitoring Program" (WOMP)monitoring sites as described above. • Active cooperation with and assistance to the local water monitoring partners listed above in operating and maintaining the 7 sites. • Measurement of the water quality parameters listed above according to the schedule specified above. • Laboratory analysis-of the collected water quality samples as listed above. • Storage and management of all data resulting from the water quality monitoring and laboratory analysis. + Availability of the data to the MPCA and to local partners on an annual basis and as requested, so that the information can be used for water quality management efforts as described above. • Provision of a bi6nnial-triennial progress report on the status of the monitoring program as specified above. Time Frame: January 1 2013 through De^n"`ber 31,2014 February_24,2016, Budget: $405,580 fei--46 2013 2014 peri8d G00 S00 for rile 2013-2015 period (includes 1.0 FTC): $201,750 in 2013, and $203,750 In 2014 and $195.000 for 2015, A live- tee-year budget is presented below. 2013(January 1 2013-December 31,2013) Labor: MCES Staff(Salary/Benefits/OT for 1.0 EMA FTE): $ 86,500 Local Monitoring Partners: $ 35,000 MCES Analytical Costs: $ 40,000 Monitoring Site and Equipment Maintenance and Replacenient: $ 1000 Monitoring Materials and Supplies: $ 111000 MCES Vehicle Expense(Fuel and Repairs): $ 21000 Monitoring Site Utilities: $ 8,500 Training and Travel(MCES Staff): $ 250 Total*3: $201,750 2014(January 1 2014-December 31,2014) Labor: MCES Staff(Salary/BeneftslOT for 1.0 EMA FTB)i $ 88,500 " Local Monitoring Partners: $ 35,000 MCES Analytical Costs: $ 40,000 CR6 t 39 4 SWIFT Contract No.: 56608 Monitoring Site and Equipment Maintenance and Replacement: $ 18,500 Monitoring Materials and Supplies: $ 11000 MCES Vehicle Expense(Fael and Repairs): $ 2,000 Monitoring Site Utilities: $ 8,500 Training and Travel(MCES Staff): $ 250 Total 2014: $203,750 015 Jan my 1,2015—December 3,1.,2015) Labor: M ES Staff Salas /Beneft/OT for 1.0 EM B : 01,500 Local Monitoring Partners: 35,000 MCES Analvticni osts- $ 27,000 MonitoHngSite attd Eaui mentMaiatenance and Replacement- $ 19.000 Monitoring Materials mid Supplies: 11,000 MCES Vehicle Ex wense(Fuel an Re airs : 1500 mollifodna Site Utilities: 01 9 000 Tralnin 7•ravel ES Staf ; 1000 Towl 2015: 1 5 000 - 2013-2014(Jannaty 2013"December 31,2014) Total: $405,500 013,201,3 Chikkiary.12013—December 31 201 Total: 600 500 Contact: Kent Johnson Phone: 651-602-9117 Manager FAX: 651-602-8220 Environmental Monitoring and Assessment Section E-Mail:kentjohusou@metc.state.mn.us Metropolitan Council Environmental Services 2400 Childs Road St.Paul,MN 55106 Leigh Harrod Phone: 651-602-8085 Senior Environmental Scientist FAX: 651-602.8220 Environmental Monitoring and Assessment Section E-Mail:leigh.harrod@metcstateann,us Metropolitan Council Enviromuental Services 2400 Cliilds Road St.Paul,MN 55106 : CR6139 5 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 31, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILI. George F. Esbensen, Fire Card Access for Aquatics Center upgrade Chief/Director of Emergency Preparedness Requested Action Move to: Approve contract for the purchase and installation of CAT 6 cable for card access and IP camera for the Community Center Aquatics Upgrade project. Synopsis: This project is for purchase and installation of a CAT 6 cable for electronic control of 40 card readers or doors and 25 IP cameras. The readers and cameras will be added to the existing citywide security system. The project cost is $ 32,530. Attachments VTI statement of work Contract y Proposal — Statement of Work eI1�� This document and all communications related to this �� ••�� proposal are considered confidential and proprietary February 26, 2015 Mark Vandenberghe City of Eden Prairie 1600 Valley View Road Eden Prairie, MN 55346 Re: EP Aquatic Center CCTV & Acess Control Cable Proposal No. 103700 Dear Mark: VTI Security Integrators (VTI) is pleased to provide this proposal for your review and consideration. Our proposal is representative of the necessary technology solutions to effectively serve you with the highest regards to quality in products and installation workmanship. Below please find a detailed project scope, equipment list, pricing summary, and a section covering terms and conditions. Project Scope Quote for providing and installing cable for the access control and CCTV systems for the Aquatics project. Devices included in the cable quote: 40 card reader locations consisting of: 23 card reader doors with reader and lock cable. 8 card reader doors with In/Out readers and lock cable. 1 card reader door with reader, lock and auto interface cable. 4 monitored doors with door contact cable. 27 Camera locations with CAT6 cable. Patch panels for rooms 134 and 220. RJ45 connectors and terminations. Quote includes the following cable prep work: -Sleeves through walls for cable routes -Fire stop -Bridal ring cable supports attached to concrete ceiling in corridors. Total (Tax Not Included - Tax Exempt) $32,530.00 RJM and Gephart are to provide the following to support low voltage cable install: 1. Sleeves from first floor to room 220. 2. Two 2" conduits from the pool office room 175 to hallway 110. 3. Access panels 24' x 24" at doors that have a hard ceiling. 401 West Travelers Trail,Burnsville,MN 55337,P:952-894-5343 F:952-894-0509,www.vtisecuiity.com 6770 W.52"d Ave,Unit D,Arvada,CO 80002,P:303-216-2700 F:303-216-2595 207 Sutton Lane,Colorado Springs,CO 80907,P:719-955-0672 F:719-955-0688 11220 West Lapham Street,West Allis,WI 53214,P:262-649-5280 F:262-649-5280 7527 Canyon Drive,Amarillo,TX 79110,P:806-576-4633 F:806-553-5180 Terms: VTI standard payment terms are Net 30 from invoice date and interest of 1.5% monthly on all unpaid and undisputed balances. VTI's standard billing practice is to progress bill every thirty (30) days. This includes billing for material ordered and received at VTI for your project. You may choose to take possession of this material and store it at your own site or it may be stored at VTI at no charge. Deposits may be required depending on the customer's credit history, and any upfront costs incurred by VTI, if the project is $30,000 or greater and/or if the project is estimated to take six (6) months or longer to complete. This proposal and all costs associated with it are valid for 60 days from the date of the proposal. After 60 days,prices are not guaranteed and may be subject to change. VTI will continue to be responsive to your requirements regarding this proposal. If you have any questions or other matters,please feel free to contact me. Respectfully Submitted By: Ralph Michels, Senior Account Manager Direct: (952) 707-9511 Email: ralph.michels@vtisecurity.com Authorization: The following signatures reflect acceptance and authorization of Proposal - Statement of Work 103700 and are bound by the Terms & Conditions of this Agreement or Master Services Agreement between the Parties. VideoTronix Incorporated City of Eden Prairie d.b.a. VTI Security Integrators By: By: Title: Title: Date: Date: P.O.#: Page 2of2 Standard Purchasing Contract A This Contract ("Contract") is made on the 1_day of—March 20_15_, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and VideoTronix, incorporated dba VTI Security Integrators a Minnesota _Company (hereinafter "Vendor") whose business address is 401 West Travelers Trail Burnsville, MN 55337 Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for Community Center Addition 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 10-01-2015 Phase C 3. Compensation for Services. City agrees to pay the Vendor [a fixed sum of $ 32,530.00 . ] OR [an hourly sum of $ , with total payments not to exceed ] 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 Performance Cable Systems to perform the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Vendor may not remove or replace the designated staff without the approval of the City. [STAFFING PROVISION REQUIRED ONLY FOR SERVICES] 6. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. 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 defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 9. 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; 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. 15. Audits and Data Practices. 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. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Vendor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Vendor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract shall contain similar Data Practices Act compliance language. 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. Damages. IN NO EVENT WILL VTI'S LIABILITY OF ANY KIND WITH RESPECT TO THE SERVICES, PRODUCTS AND OTHER MATERIALS PROVIDED UNDER THIS AGREEMENT, OR OTHERWISE ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDE ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. Standard Purchasing Contract 2014.01 Page 2 of 3 VTI WILL NOT RE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DELAY IN FURNISHING SERVICES, PRODUCTS AND OTHER MATERIALS UNDER THIS AGREEMENT, OTHER THAN ANY M SUCH LOSS OR DAMAGE RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF VTI. 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, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 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 herein- Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager VENDOR By. Its: Standard PLIFChasing Conuract 2014.01 Page 3 of 3 CITY COUNCIL AGENDA DATE: SECTION: Consent March 31, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIH.J. Community Development: Lighthouse Daycare 8098 Glen Lane— Janet Jeremiah/David Lindahl Renewal Waiver Requested Action Move to: Approve agreement of waiver and consent to exercise a first option term for the lease with Lighthouse Daycare for City owned property located at 8098 Glen Lane. Synopsis In 2010, the City leased 8098 Glen Lane to Ace Daycare Center and subsequently in 2013 assigned the lease to a different owner/operator, Lighthouse Daycare. The lease is set to expire in September of this year unless the tenant provides notification of its intent to exercise a 5 year renewal option, which they have. Although all options of the original lease were assigned to the new tenant,there was one exception: only the original tenant has the option to exercise the renewal without a waiver from the City. Staff recommends providing a waiver to this exception in order to allow the existing tenant to continue to operate the daycare center for another 5 years starting October 1, 2015. The current rent of$14 per square foot or$66,500 annually - will be increased according to a formula outlined in the lease. The new rental rate will go into effect at the beginning of the new term. It should also be noted that the City at any time can exercise an early lease termination option if it chooses to sell the property -provided it gives the tenant 365 days (1 year) notice. 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 eventually decided it should be leased until a suitable redevelopment proposal emerged that is consistent with the City's Town Center plans. Attachment Waiver AGREEMENT OF WAIVER AND CONSENT BY LANDLORD TO EXERCISE OF FIRST OPTION TERM BY ASSIGNEE OF ORIGINAL TENANT WHEREAS the City of Eden Prairie, Landlord and Ace Daycare Center, Inc., Tenant, entered into that certain Lease of 8098 Glen Lane, Eden Prairie, Minnesota, 55344, with a Lease Execution Date of September 7, 2010 and Commencement Date of September 8, 2010. WHEREAS by that certain Assignment and Assumption of Lease dated the 15th day of October, 2013 Tenant assigned the Lease to Lighthouse Daycare Center, Inc., Assignee, and Assignee assumed and accepted the assignment of all of Tenant's right, title and interest in and to, and obligations under the Lease and further both Tenant and Assignee agreed that except as modified in the Assignment and Assumption of Lease, the Lease terms remain in full force and effect. WHEREAS, the Landlord acknowledged and agreed to the assignment of the Lease and ratified and confirmed that the Lease, as assigned, 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 the Acknowledgement by Landlord. WHEREAS, the Lease provides in paragraph 1.3 for two (2) options ("First Option Term" and "Second Option Term") to extend the term of the Lease. WHEREAS, paragraph 1.3 states that the Options granted to Tenant in this Lease are personal to the original Tenant and may be exercised only by the original Tenant. WHEREAS, Assignee desires to exercise the First Option Term as set forth in paragraph 1.3 of the Lease to extend the term of the Lease for a period of five (5) years. WHEREAS, Landlord is willing to waive the condition that the First Option Term may be exercised only by the original Tenant. NOWTHEREFORE, in consideration of the foregoing and of the mutual covenants herein set forth, the Landlord and Assignee agree as follows: 1. Landlord hereby waives the condition in the Lease that the First Option Term may be exercised only by the original Tenant and consents to the exercise of the First Option Term by Assignee, subject to all terms and conditions as set forth in the Lease. 2. This waiver and consent by Landlord is not a waiver of any other term, condition or covenant of the Lease including but not limited to the condition that the Second Option Term may be exercised only by the original Tenant. 3. Except as modified by the terms hereof the Lease remains in full force and effect. CITY OF EDEN PRAIRIE, LANDLORD By: Its Mayor By: Its City Manager Dated: March_, 2015 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 31, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Stuart Fox, Parks and Natural Community Garden Plot Lease Agreement with Resources Manager Metropolitan Airport Commission Requested Action Move to: Authorize the Mayor and City Manager to sign a one year Community Garden Plots Lease Agreement with the Metropolitan Airport Commission (MAC). Synopsis This lease agreement is for the use of the 3.17 acre land parcel of MAC Property adjacent to the Super America gas station (on the corner of Pioneer Trail and Old Pioneer Trail) for Community Gardens. These garden plots have been rented annually by residents through the Parks and Recreation Department to grow vegetables and flowers. The previous garden plot lease agreement between the City and MAC expired on December 31, 2014. The MAC has prepared a new one year lease agreement at the rental rate of$445.98, which allows the City the right to utilize this property again for the 2015 gardening season. Background The city has leased this parcel of land from the MAC for our Community Garden Program for many years. However, with the recent airport re-zoning this land parcel is now being marketed as a potential commercial development site. The city staff requested that MAC staff consider a new one year lease to permit garden plot usage in 2015. MAC staff indicated that they are still actively marketing the property for development; however, the City would be able to lease of the property for garden plots for this year with no guarantee for the 2016 season. Future Garden Plans While we are planning to use the MAC site again this year, city staff is in the process of securing a License Agreement with a property owner for community gardens at a new location. We have been exploring additional site options anticipating that eventually the MAC property will be unavailable for any garden use. Once the terms for use of this new garden site are finalized the information will be brought to the City Council. Attachment Community Garden Plots Lease Agreement—Flying Cloud Airport COMMUNITY GARDEN PLOTS LEASE AGREEMENT THIS COMMUNITY GARDEN PLOTS LEASE AGREEMENT ("Lease") was made effective January 1, 2015 between the Metropolitan Airports Commission ("Commission', a public corporation of the State of Minnesota, as Lessor, and the City of Eden Prairie ("City"), as Lessee. WITNESSETH: WHEREAS, the Commission has determined that it currently has no specific airport use suitable for the property described in this Lease and is authorized to lease or license the property for compatible uses; and WHEREAS, the City desires to lease the property to operate community garden plots on the property; and WHEREAS, the City and Commission entered into a Memorandum or Understanding ("MOU'% dated December 17, 2002, that addresses certain terms regarding the property; and WHEREAS, the City desires to define certain parcels of the property as described in the Lease below, the MOU, and as shown on attached Exhibit A; and WHEREAS, the Commission has determined that the authorized uses under this Lease would not interfere with airport operations; and WHEREAS, Commission is willing to lease the property to the City upon the terms and conditions of this Lease, which has been approved by the Commission on March 16,2015. NOW THEREFORE, in consideration of the mutual covenants hereinafter stated, the parties hereto agree as follows: 1. PROPERTY. The Commission grants to City a lease to occupy and use, subject to the terms and conditions stated herein, a portion of the lands constituting Flying Cloud Airport ("Airport") in Hennepin County, Minnesota, totaling 3.17 acres, as shown on attached sketch ("Premises': And as designated in red on the plat attached hereto as Exhibit A and made a part hereof. And the legal description of the premises area is attached hereto as Exhibit B and made a part hereof. i 2. USE. The Premises may be occupied and used by the City for recreational purposes as follows: Solely for the operation of community garden plots. Use of the Premises hereunder and improvements made in furtherance of such use shall at all times comply with clearance requirements under FAA regulations and state zoning requirements. 3. TERM. The term of this Lease shall be one (1) year, commencing January 1, 2015. The Premises are subject to recapture by the Commission upon six (6) months written notice to City, with no monetary compensation to the City. The City may terminate this Lease upon six (6) months written notice to the Commission with no monetary compensation to the Commission. In the event of termination or recapture, the City shall have 90 days within which to remove its property, equipment and fixtures located or placed thereon and to restore the Premises to a condition acceptable to the Commission. Upon termination of this Lease or any subsequent renewal lease, Commission has no obligation to provide the Premises or any other Commission or Airport property to City. 4. ASSIGNMENT OF LEASE: The City shall not assign or transfer this Lease, nor permit this Lease.to become transferred by operation of law or otherwise, nor do or suffer any acts to be done whereby the same may be or become assigned in whole or in part. The City shall not sublease the whole or any part of the Premises. 5. CONSTRUCTION AND MAINTENANCE. All plans for the grading and construction of and relating to replacement of or alterations to the Premises, facilities or improvements shall require Commission staff review and approval, and in addition, all expansion, construction, repair, replacement and alteration plans must meet the requirements of the Federal and State regulatory agencies for clearance and protection of approaches in respect to the airport. Final design by City for the Premises shall be subject to review and approval by Commission for conformance with FAA and state rules and regulations and compatibility with airport operational requirements. All work shall be carried on at such time or times and under such control as the Commission's Airport Manager may impose to coordinate the same with the necessary continuous operation of the airport. The City shall fence the Premises, according to Commission requirements, to prevent unauthorized access to the airport operational areas. 2 In addition, the City agrees to comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations in the event any future structure or building is planned for the Premises, or in the event of any planned modification or alteration of any present or future building or structure situated on the Premises. All work shall be completed at City's cost, and City shall notify Commission prior to continuing any work if any foreseen or unforeseen environmental conditions exist or manifest; keep the Premises, this Lease and every improvement on the Premises free and clear from all liens for labor performed and materials furnished; and defend, at City"s cost, each and every lien asserted or filed against the land, any part thereof, or against this Lease or any improvement on the Premises and pay each and every judgment resulting form such lien. In addition to the monetary rent paid to the Commission, the City shall, at all times and at no cost or expense to Commission, maintain the Premises and all improvements thereon in a neat and clean condition and in good repair and shall keep the Premises free from debris, weeds and erosion. The City shall not suffer or permit any waste or nuisance on the Premises and shall permit no illegal acts or conduct thereon or such as will constitute a nuisance. 6. RENT. As rent for the Premises the City shall pay annually an amount of $445.98 per year. The rental rate must be consistent with any change made in the future to federal revenue diversion policy. Thus, the rental amount may be changed during the term of the Lease in order to maintain compliance with federal revenue diversion policy upon sixty (60) days written notice from the Commission to the City. City shall pay for all water, sanitary sewer, gas, electricity, telephone, refuse collection, and storm sewer charges, environmental charges and fees, or other similar charges used on or attributable to the Premises, together with any taxes, penalties, interest or surcharges associated with such utilities and charges. City shall pay all applicable taxes (including, but not limited to, property taxes), assessments, license fees, regulatory fees and other charges, if any, imposed by any other governmental authority during the Term of this Lease upon or related to the Premises, buildings, improvements or other property located thereon, or upon City's use or occupancy, for whatever term deemed applicable to City by that governmental authority. City shall pay these amounts_without deduction or set- off against Rent to be paid under this Lease. 7. INSURANCE. The City agrees to indemnify and save harmless the Commission from any and all claims or causes of action arising or claimed to arise by reason of 3 r, injury or death to person or damage to property and arising out of or incidental to the Commission's grant to the City of this Lease or out of act or omission of person or persons incident to use and occupancy of the premises. The City shall either (i) maintain insurance, a standard term policy or policies of insurance in amounts as hereinafter set out against public liability, blanket contractual liability and property damage including personal and advertising and products liability, or (ii) provide self-insurance of equivalent protection. Such policy of policies shall be in the amount of statutory limits provided by Minn. Stat. 466.04, or as such statute may be amended or modified from time to time, which currently requires one million five hundred thousand dollars ($1,500,000) per accident or occurrence or five hundred thousand dollars ($500,000) per person. The general liability insurance shall name the City as insured and shall also name the Commission as additional insured by endorsement to the policy or policies. The City also shall maintain statutory workers' compensation insurance or self-insurance for all employees performing work under this agreement. Nothing in this Lease constitutes a waiver by the City of any statutory or common law, defenses, immunities, or limits on liability. The obligation of the City of Eden Prairie under this section cannot exceed the greater of (i) amount that the City would be obligated to pay under the provisions and limitations of Minn. Stat. Chap 466 or (ii) the amount of insurance carried by City applicable to a claim referred to in the first sentence of this Section 7. 8. HOLD HARMLESS. To the extent permitted by law, the City agrees to hold and save harmless the Commission from any and all claims, liens or liability which may arise from City's construction, maintenance, repair or replacement aforesaid or from claims of labor or materials involved in or rising out of the same. The City shall indemnify, defend and hold harmless Commission from and against any and all losses, liability, fines, lawsuits, charges, damages, penalties, or claims of liability for loss, damage or injury to persons or property on or about the lands under Lease from whatever cause, and Commission shall not be liable to the City to any extent, nor will the City make any claim against Commission for or on account of damage to the lands under Lease or loss damage to or destruction of improvements, facilities and structures thereon. Nothing in this Lease Agreement constitutes a waiver by the City of any statutory or common law, defenses, immunities, or limits on liability. The obligation of the City of Eden Prairie-under this section cannot exceed the greater of (i) amount that the City would be obligated to pay under the provisions and limitations of Minn. Stat. Chap 466 or (ii) the amount of insurance carried by City applicable to a claim referred to in the first sentence of this Section 8. 4 9. FAA AND MNDOT. Execution and continuation of this Lease is conditioned upon approval and agreement of the FAA and MN/DOT, Division of Aeronautics that the development and use of such lands for recreational purposes would not conflict with aircraft operations to and from the airport and would comply with the clearance and approach requirements presently applicable at said airport. 10. COMPLIANCE WITH LAWS. The City shall comply with all laws, ordinances, rules and regulations of the United States of America, the State of Minnesota, or of agencies, departments or divisions of either (including but not limited to the Riley- Purgatory and/or the Lower Minnesota Watershed Districts), or of the Commission relating to the Premises and the use thereof or relating to control of ground and air traffic, aircraft operations and the general use and operation of the airport; and the City shall see to the payment of any all taxes, assessments, license fees or other charges that may be legally levied, assessed or made during the term of this Lease or any extension thereof by reason of the uses hereby permitted of the Premises. City shall provide evidence of compliance with such laws to the Commission upon request of the Commission. 11. HEIGHT. The City expressly agrees for itself, its successors and assigns to restrict the height of structures, objects of natural growth, and other objects on the Premises to a height that will not constitute an obstruction as determined by the standards in Federal Aviation Regulation, Part 77. In the event the aforesaid covenants are breached, the Commission reserves the right to enter upon the Premises and to remove the offending structure or object and cut the offending tree, all of which shall be at the expense of the City. Further, the City agrees that no lights will be permitted (including automobile headlights) or installed on the Premises which will have a detrimental effect on control tower operations or otherwise affect night operations. 12. FLIGHT OF AIRCRAFT. The City expressly agrees for itself, its successors and assigns to prevent any use of the Premises which might interfere with the landing and taking off of aircraft from the Airport or to the flight of-aircraft over the Premises or otherwise constitute a hazard, or interfere with air navigation and communication facilities presently or in the future serving the Airport. In the event the aforesaid covenant is breached, the Commission reserves the right to enter upon the Premises and cause the abatement of such interference at the expense of the City. 13. WITHOUT PREJUDICE. It is understood that grant of this Lease and use of the Premises is conditioned upon and shall be without prejudice to the rights of the Commission as owner and operator of the aforesaid public airport of which the subject Premises constitute a part. 5 14. NONDISCRIMINATION. The City for itself, its heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant running with the land, that in the event facilities are constructed, maintained, or otherwise operated on the Premises for a purpose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or benefits, the City shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. The City for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant running with the land, that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or nation origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; and (3) that the City shall use the Premises in compliance with all other requirements imposed by or pursuant to 49 CFR 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. 15. COMMISSION RESERVATIONS. Commission reserves the right to further develop or improve the landing area of the Airport as it sees fit, regardless of the desires or view of the City, and without interference or hindrance. Commission reserves the right, but shall not be obligated to the City, to maintain and keep in repair the landing area of the Airport and all publicly-owned facilities of the airport, together with the right to direct and control all activities of the City in this regard. 16. COMMISSION RIGHT OF ENTRY. Commission shall at all times and through its agents and employees or contractors have a right of entry upon the Premises, as may be necessary in the development, maintenance and operation of the airport, including for the purpose of wildlife management. Further, the Commission reserves the right to install and maintain on the Premises such utility lines, conduits, pipes and facilities as may be necessary to the development, maintenance and operation of said airport, provided Commission shall at its cost and expense, repair any damages and restore any portion of the Premises damaged by reason of such installation and maintenance. However, if the City 6 „ s causes the need for such repair, construction, installation, or maintenance, the Commission will not pay to repair or restore any part of the Premises. 17. REQUIRED NOTICE. Incident to use and occupancy of the Premises hereunder, the City will advise those making use of or coming on the Premises and the parents of those children making use of the Premises that Commission has no responsibility in respect to maintenance, care, policing, control and supervision of the premises so long as this Lease is in effect. The City will post signage visible to property users that the Premises are owned by the Metropolitan Airports Commission. 18. ENVIRONMENTAL OPERATING CONDITIONS. Any materials/waste (hazardous or otherwise) "left over” from City's use and occupancy of the Premises are the property of the City and must be removed by the City. Waste disposal must follow all county, state and federal regulations. MAC is not the owner, generator or the party responsible for removal/disposal of this waste/material. City shall also notify MAC of any spills or dumping, regardless of the amount, occurring on Airport property to which the City has knowledge. If MAC incurs costs related to a spill or other environmental expense related to City's operations at the Airport, unless due to the negligence of MAC, MAC will bill City for all MAC's costs, plus a fifteen percent (15%) administrativer fee. City shall pay MAC within thirty (30) days of invoice. 19. NOTICE All notices or communications between Commission and City shall be deemed sufficiently given or rendered if in writing and delivered to either party (i) personally, (ii) by registered or certified mail return receipt requested, or (iii) by nationally recognized overnight courier service. Except as otherwise specified herein, all notices and other communications shall be deemed to have been duly given (a) the date of receipt or rejection if given personally, (b) three (3) business days after the date of posting if given by certified.or registered mail, or (c) the first (1st) business day after the date of posting if delivered by a nationally recognized courier delivery service. Notices hereunder may be given by the respective attorneys for any of the parties. Addresses for all notices are as follows: Commission: Metropolitan Airports Commission Attn: Roy Fuhrmann 6040 28th Avenue South Minneapolis, MN 55450 City: City of Eden Prairie Attn: Director of Parks and Recreation Services 8080 Mitchell Road Eden Prairie, MN 55344 Either parry may change the parry's address for notice by providing written notice to the other party. 19. WAIVER The waiver by Commission or City of any breach of any term of this Lease shall not be deemed a waiver of any prior or subsequent breach of the same term or any other term of this Lease. 22. COMMITMENTS TO FEDERAL AND STATE AGENCIES Nothing in this Lease shall be construed to prevent Commission from making such commitments as it desires to the Federal Government or the State of Minnesota in order to qualify for the expenditure of Federal or State funds on the Airport. This Lease shall be subordinate to the provisions of and requirements of any existing or future agreement between Commission and the United States, relative to the development, operation, or maintenance of the Airport. 23. RIGHT OF FLIGHT / NOISE There is hereby reserved to the Commission, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Premises, together with the right to cause in said airspace any noise inherent in the operation of any aircraft used for navigation or flight through the said airspace or landing at, taking off from, or operation on the Airport. 24. ENTIRE AGREEMENT. This Lease represents the entire agreement between the parties and supersedes any prior agreements regarding the Premises or any part thereof. a t IN WITNESS WHEREOF, the parties hereto have signed this Lease Agreement the day and year written below. METROPOLITAN AIRPORTS COMMISSION By Vice President— Management & Operations Date CITY OF EDEN PRAIRIE By Mayor Date By City Manager Date 9 LESSOR NOTARY STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN) This instrument was acknowledged before me on the day of , 2015, by as the authorized representative of the Metropolitan Airports Commission. (Notarial Seal) Notary Public ----------------------------------------------------------------------------------------------------------- CITY NOTARY STATE OF MINNESOTA ) ) SS COUNTY OF ) This instrument was acknowledged before me on the day of , 2015, by and Mayor and City Manager, respectively of the City of Eden Prairie. Notary Public (Notarial Seal) 10 May 16,2011 EXHIBIT A PREMISES Ln it •ems � st�5 #" f,-: I # -� % f 4. - r1 } 217 1 F t L w•i Y y`Y Ic � S -{{ Fm = F Pioneer Trailer '1 �_, I ^fop ! May 16, 2011 EXHIBIT B COMMUNITY GARDEN PLOTS "PREMISES" - LEGAL DESCRIPTION Beginning at the southwest corner of the southeast quarter of the northeast quarter of Section 27, Township 116, Range 22 lying in Hennepin County, Minnesota; then northward-along the west line of said southeast quarter a distance of 760 feet, then south 890 36' 24" east a distance of approximately 162-feet to a point intersecting the right-of-way of the east side of Pioneer Trail which is.the point of beginning for the Premises; then continuing on the same bearing eastward a distance of 147.97 feet, then south 01 25' 23"west a distance of 100 feet, then north 890 58' east a distance of approximately 645 feet to the intersection with of the north right-of-way line of Hennepin County Road #1, then proceeding in a southwestern, westerly, northwesterly and northerly along said road right-of-way line back to the point of beginning. LIGHTHOUSE DAYCARE CENTER, INC., ASSIGNEE By: Its By: Its Dated: March_, 2015 CITY COUNCIL AGENDA DATE: SECTION: Public Hearings March 31, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A. Community Wagner Property Development/Planning Janet Jeremiah/Steve Durham Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 6.5 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 6.5 acres; and • Adopt the Resolution for Preliminary Plat on 6.5 acres into 12 lots; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis This development proposes the creation of 12 single family lots. The gross density of the project is 1.85 units per acre. Waivers from the minimum lot width at the Right of Way line are being requested. Granting of the waivers provide for a subdivision design that utilizes through street connections and eliminates the use of cul-de-sacs. Background The following waivers from the minimum lot width at Right of Way Line are requested: Lot 3, Block 2 from 85 feet to 80 feet. Lot 4, Block 2 from 85 feet to 78 feet. Lot 5, Block 2 from 85 feet to 82 feet. Lot 6, Block 2 from 85 feet to 72 feet. Lot 7, Block 2 from 85 feet to 75 feet. Lot 8, Block 2 from 85 feet to 76 feet. The 120-Day Review Period Expires on May 13, 2015. Planning Commission Recommendation The Planning Commission voted 6-0 to recommend approval of the project at the February 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. Approved Planning Commission Minutes 02/23/15 10. Letter from Pemtom Land Company 3-25-15 WAGNER PROPERTY CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2015-PUD- -2015 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 00-2015-PUD-00-2015 (hereinafter "PUD-00-2015-R1-13.5"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of MONTH 00, 2015 entered into between The Pemtom Land Company and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-00-2015-R1-13.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-00-2015-R1-13.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-00-2015-R1-13.5 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-00-2015-R1-13.5 are justified by the design of the development described therein. D. PUD-00-2015-R1-13.5 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-00-2015-R1-13.5 and the legal