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HomeMy WebLinkAboutCity Council - 07/14/2015 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,JULY 14, 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 II I. 2016-2017 BUDGET (5:30-6:00 P.M.) II. SWLRT UPDATE (6:00-6:30 P.M.) Open Podium - Council Chamber III. OPEN PODIUM IV. ADJOURNMENT 2016-2017 Budget Discussion City of Eden Prairie July 14, 2015 Budget Process to Date January-February: City Work Plan Overview March: Quality of Life Survey Results Review April: Annual City Council Goal Session May: Council Workshop Review of 2014 Financial Results and Discussion of Financial Policies May-June: Preparation of 2016-2017 Budget July: Council Workshop to Present Budget Information Budget Process Upcoming ► Starting in August- New Budget Engagement Initiative September- Council adopts 2016 preliminary tax levy and budget October/November- Further Budget Discussion and Review including Enterprise and Utility Operations December- Public Meeting and adoption of final budget and tax levy Goals for 2016-2017 Budget Enhance service levels in public safety and the maintenance of infrastructure Preserve all other city service levels resources Sustain current levels of employee morale and engagement Goals for 2016-2017 Budget Continual review for service efficiencies and innovations Continue to improve Eden Prairie's relative position in fiscal comparisons with comparable cities Goals for 2016-2017 Budget Preserve Eden Prairie's exceptional image internally and externally Enhance Eden Prairie's Sense of Community Revenue Budget Highlights Development and Permit Revenue Increases Flat (and Minimal) Intergovernmental Revenue Community Center Revenue Increases Point-of-Sale Program Not Implemented Expenditure Budget Highlights Includes funding for 2.5% base wage increase for employees in 2015 and 2016 Community Center Operations Police DepartmentAllocation Study Other 2016 General Election Comprehensive Plan General Fund Expenditure Budget S6,002 ,601 ■ ages and Benefits ■ Street Lighting ■ Legal Services 4,4 ,456 ■ User Charge - Property Insurance ■ User Charge - Fleet ■ User Charge - IT $2,39 ,71 ■ User Charge - Facilities S47 , 04 ■ Other $510,110 S962,5C}i 2016-2017 Proposed Budget and Levy General Fund Budget 2016: 4.0% increase 3.2% increase (wlout Community Center) Total Budget 2016: 3.6% increase Total Budget 2017: 2.5% increase Levy 2016: 2.7% increase Current Budget Unknowns ► Property Tax Impacts 2013 2014 2015 2016 Market Value $8.5 Billion $8.6 Billion $9.1 Billion $9.6 Billion Adjusted Net Tax Capacity $86,172,400 $88,092,563 $92,812,593 City Tax Rate 34.40% 34.49% 33.74% ► Fiscal Disparities City Tax Comparison MLC Cities City Tax 2014 1,800 1,600 1,400 1,200 1,000 800 600 400 200 0 * ,'1' •\�\g' , c` * *<° *1 *4' ,°� 19' , t..v ,fcl' 0 0�J �a 0�J 0�J 0�J 0�J 0 •0�J �'J .'J �'J �a' Value — $339,100 Home Budget Engagement Develop a series of short videos highlighting the City's proposed budget and related operations to encourage feedback from the public for City staff to consider when refining the budget prior to the City Council's vote in December. • Week of Aug. 16 — Launch engagement initiative on CITY CONNECT with overview of proposed budget • Aug. 23 through Oct 18 — Release five department videos bi- weekly • Mid-August through mid-October — City staff collect feedback, address questions or provide clarification to the public. Budget Process Upcoming Starting in August- New Budget Engagement Initiative September- Council adopts 2014 preliminary tax levy and budget October/November- Further Budget Discussion and Review including Utility Operations December- Public Meeting and adoption of final budget and tax levy AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JULY 14, 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. ACCEPT DONATION FROM MIRACLE LEAGUE FIELD FUNDRAISING (RESOLUTION) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JUNE 16, 2015 B. CITY COUNCIL MEETING HELD TUESDAY,JUNE 16, 2015 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. CROSSROADS CENTER by Tim Cashin. Second reading of the Ordinance for Planned Unit Development District Review with waivers on 2.9 acres and Zoning District Amendment within the Commercial-Regional-Service zoning district on 2.9 acres and Site Plan Review on 2.9 acres. Location: 7731 Flying Cloud Drive. (Ordinance for PUD District Review with waivers and Zoning District Amendment within the C-REG-SER zoning district; Resolution for Site Plan Review on 2.9 acres) C. APPROVE CONSTRUCTION MANAGEMENT CONTRACT WITH RJM CONSTRUCTION FOR MIRACLE LEAGUE FIELD PROJECT CITY COUNCIL AGENDA July 14, 2015 Page 2 D. AWARD BIDS AND ASSIGN CONTRACTS TO RJM FOR THE CONSTRUCTION OF MIRACLE LEAGUE FIELD E. AWARD CONTRACT FOR REHABILITATION OF BITUMINOUS BIKE TRAILS TO BITUMINOUS ROADWAYS, INC. F. AWARD CONTRACT FOR BUILDING RESTORATION REPAIRS TO RESTORATION SYSTEMS, INC. FOR BASE BID AND ALTERNATE G-2 G. AWARD CONTRACT FOR REPLACEMENT OF UPPER LEVEL PUBLIC AREA CARPET IN CITY HALL TO ACOUSTICS ASSOCIATES H. ADOPT RESOLUTION DECLARING THE CITY'S OFFICIAL INTENT TO REIMBURSE ITSELF FOR PRIOR EXPENDITURES OUT OF THE PROCEEDS OF A SUBSEQUENTLY ISSUED SERIES OF BONDS I. APPROVE CONTRACT WITH ULTIMATE SOFTWARE GROUP, INC. FOR RECRUITMENT AND ONBOARDING MODULES J. DECLARE PROPERTY AS ABANDONED K. ADOPT RESOLUTION APPROVING AMENDMENT TO MNDOT AGREEMENT FOR SHADY OAK ROAD SOUTH L. APPROVE AGREEMENT WITH TWIN CITIES AND WESTERN RAILROAD FOR REPLACEMENT OF VALLEY VIEW ROAD AT- GRADE CROSSING M. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR ENGINEERING SERVICES TO RECONSTRUCT BLUFFS WEST LIFT STATION N. ADOPT RESOLUTION APPROVING PLANS FOR TURN LANE IMPROVEMENTS ON PIONEER TRAIL AT GREEN ACRES O. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP, INC. FOR IN-CONSTRUCTION SERVICES FOR WEST 70TH STREET EXTENSION IMPROVEMENT PROJECT P. APPROVE BUFFER MAINTENANCE AGREEMENT FOR PURGATORY CREEK BANK STABILIZATION PROJECT Q. APPROVE PURCHASE AND EARLY ORDERING OF NEW SINGLE AXLE DUMP TRUCK WITH SNOW PLOW EQUIPMENT CITY COUNCIL AGENDA July 14, 2015 Page 3 IX. PUBLIC HEARINGS/MEETINGS A. SHOPS AT SOUTHWEST STATION by Venture Pass Partners, LLC. Request for Planned Unit Development Concept Review on 1.67 acres, Planned Unit Development District Review with waivers and Zoning District Amendment within the Commercial Regional Service zoning district on 1.67 acres and Site Plan Review on 1.67 acres Location: 13000 Technology Drive. (Resolution for PUD Concept Review; Ordinance for PUD District Review with waivers and Zoning District Amendment) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Adopt Resolution to Submit Comments on the Southwest Light Rail Transit Supplemental Draft Environmental Impact Statement F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: July 14, 2015 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, July 14, 2015 TUESDAY,JULY 14, 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. ACCEPT DONATION FROM MIRACLE LEAGUE FIELD FUNDRAISING (RESOLUTION) Synopsis: The Miracle League Fundraising Group has continued to raise funds through paver sales and naming rights. Separate action items occur later in the agenda requesting authorization to award construction contracts and enter into an agreement with RJM Construction to manage the project. MOTION: Move to adopt the resolution accepting the donation in the amount of $170,000 from Miracle League Field Fundraising Group for the Construction of the Field. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. Il VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY,JUNE 16, 2015 B. CITY COUNCIL MEETING HELD TUESDAY,JUNE 16, 2015 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS ANNOTATED AGENDA July 14,2015 Page 2 VIII. CONSENT CALENDAR MOTION: Move approval of items A-Q on the Consent Calendar. A. CLERK'S LICENSE LIST B. CROSSROADS CENTER by Tim Cashin. Second reading of the Ordinance for Planned Unit Development District Review with waivers on 2.9 acres and Zoning District Amendment within the Commercial-Regional-Service zoning district on 2.9 acres and Site Plan Review on 2.9 acres. Location: 7731 Flying Cloud Drive. (Ordinance for PUD District Review with waivers and Zoning District Amendment within the C-REG-SER zoning district; Resolution for Site Plan Review on 2.9 acres) C. APPROVE CONSTRUCTION MANAGEMENT CONTRACT WITH RJM CONSTRUCTION FOR MIRACLE LEAGUE FIELD PROJECT D. AWARD BIDS AND ASSIGN CONTRACTS TO RJM FOR THE CONSTRUCTION OF MIRACLE LEAGUE FIELD E. AWARD CONTRACT FOR REHABILITATION OF BITUMINOUS BIKE TRAILS TO BITUMINOUS ROADWAYS, INC. F. AWARD CONTRACT FOR BUILDING RESTORATION REPAIRS TO RESTORATION SYSTEMS,INC. FOR BASE BID AND ALTERNATE G-2 G. AWARD CONTRACT FOR REPLACEMENT OF UPPER LEVEL PUBLIC AREA CARPET IN CITY HALL TO ACOUSTICS ASSOCIATES H. ADOPT RESOLUTION DECLARING THE CITY'S OFFICIAL INTENT TO REIMBURSE ITSELF FOR PRIOR EXPENDITURES OUT OF THE PROCEEDS OF A SUBSEQUENTLY ISSUED SERIES OF BONDS I. APPROVE CONTRACT WITH ULTIMATE SOFTWARE GROUP, INC. FOR RECRUITMENT AND ONBOARDING MODULES J. DECLARE PROPERTY AS ABANDONED K. ADOPT RESOLUTION APPROVING AMENDMENT TO MNDOT AGREEMENT FOR SHADY OAK ROAD SOUTH L. APPROVE AGREEMENT WITH TWIN CITIES AND WESTERN RAILROAD FOR REPLACEMENT OF VALLEY VIEW ROAD AT- GRADE CROSSING ANNOTATED AGENDA July 14,2015 Page 3 M. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR ENGINEERING SERVICES TO RECONSTRUCT BLUFFS WEST LIFT STATION N. ADOPT RESOLUTION APPROVING PLANS FOR TURN LANE IMPROVEMENTS ON PIONEER TRAIL AT GREEN ACRES O. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP,INC. FOR IN-CONSTRUCTION SERVICES FOR WEST 70TH STREET EXTENSION IMPROVEMENT PROJECT P. APPROVE BUFFER MAINTENANCE AGREEMENT FOR PURGATORY CREEK BANK STABILIZATION PROJECT Q. APPROVE PURCHASE AND EARLY ORDERING OF NEW SINGLE AXLE DUMP TRUCK WITH SNOW PLOW EQUIPMENT IX. PUBLIC HEARINGS /MEETINGS A. SHOPS AT SOUTHWEST STATION by Venture Pass Partners, LLC. Request for Planned Unit Development Concept Review on 1.67 acres, Planned Unit Development District Review with waivers and Zoning District Amendment within the Commercial Regional Service zoning district on 1.67 acres and Site Plan Review on 1.67 acres Location: 13000 Technology Drive. (Resolution for PUD Concept Review; Ordinance for PUD District Review with waivers and Zoning District Amendment) Official notice of this public hearing was publishing in the July 2, 2015,Eden Prairie News and mailed to 8 property owners. Synopsis: The site was originally approved in 1999 as a restaurant called Pickled Parrot(most recently Santorini's) and is part of a previously approved Planned Unit Development(PUD) which includes Southwest Station Retail (multi-tenant building, Anchor Bank, and Ruby Tuesday), and Southwest Transit Station. Cross access and cross parking agreements are in place to help serve the overall PUD which are allowed by the private declaration of covenants, conditions, restrictions and easements that is associated with this property. The proposal is for an 11,138 square foot multi-tenant retail building with a 2,389 square foot deck for restaurant tenant dining. The applicant proposes to remove the existing Santorini restaurant building, however intends to reuse a majority of the existing foundation and pilings for the proposed building. There are 4 proposed tenants including 3 proposed restaurant uses and one dental office. The applicant provided a proposed parking ratio based on an anticipated tenant use of restaurant and office. ANNOTATED AGENDA July 14,2015 Page 4 Proposed Use Estimated Number Parking Ratio Parking of Seats or Gross Required Floor Area Restaurant 124 seats 1/3 seats 41.3 Restaurant 63 seats 1/3 seats 21 Dental Office 2706 sq. ft. 5/1000 sq. ft. 13.5 Restaurant 46 seats 1/3 seats 15.3 Outdoor Patio 87 seats 1/3 seats 29 121 (rounded up from 120.1) The proposed plan shows an additional 30 parking spaces for a total of 81 onsite parking spaces. 40 additional offsite parking spaces are available through a private declaration of covenants, conditions, restrictions and easements. The proposed parking meets city code requirements based on the proposed use of the building and the existing waiver that was granted in 1999. A total of 18 bike parking spaces are proposed. It is possible for the tenant use within the leasable space to change overtime. Staff completed additional analysis of parking requirements based on potential tenant uses for the site. All Retail Scenario: Proposed Use Tenant Area Parking Ratio Parking Required Retail 3500 sq. ft. 5/1000 17.5 Retail 2400 sq. ft. 5/1000 12 Retail 2706 sq. ft. 5/1000 13.5 Retail 1991 sq. ft. 5/1000 9.9 53 (rounded up from 52.9) Proposed Use Estimated Number Parking Parking Parking Parking of Seats Ratio Required Ratio Required Outdoor Patio Seats 87 1/2.5 seats 34.8 1/ 3 seats 29 35 (rounded 29 up from 34.8) An all retail scenario meets city code parking requirements based on the existing waiver that was granted in 1999 and the available parking through the private declaration of covenants, conditions, restrictions and easements. Below is a scenario of all restaurant uses: Proposed Use Estimated Number Parking Parking Parking Parking of Seats Ratio Required Ratio Required Restaurant 124 1/2.5 seats 49.6 1/3 seats 41.3 Restaurant 63 1/2.5 seats 25.2 1/3 seats 21 ANNOTATED AGENDA July 14,2015 Page 5 Restaurant 63 1/2.5 seats 25.2 1/3 seats 21 Restaurant 46 1/2.5 seats 18.4 1/3 seats 15.3 119 99(rounded (rounded up up from 98.6) from 118.4) Proposed Use Estimated Number Parking Parking Parking Parking of Seats Ratio Required Ratio Required Outdoor Patio Seats 87 1/2.5 seats 34.8 1/3 seats 29 35 (rounded 29 up from 34.8) In the 100 percent restaurant use scenario the parking need exceeds the available parking onsite and through the private declaration of covenants, conditions, restrictions and easements. This assumes that the indoor and outdoor areas are filled to capacity with customers. Staff recommends that PUD waivers are carried over from the original PUD based on the new site plan for the front yard parking setback and offsite parking. Staff has a concern with the potential parking impacts of four restaurants uses within the building. Staff recommends that language is incorporated into the Development Agreement that reflects a maximum of three restaurant uses and one retail/office use for the site. Benefits to granting the waivers include: continued use of shared parking which is consistent with principles of a transit oriented and mixed use development, enhanced architectural details into the building design, and extensive use of perennials along the site perimeter and building base which are not required by code, but enhance the site. Planning Commission Recommendation The Planning Commission voted 5-0 to recommend approval of the project at the June 22, 2015 meeting. After Planning Commission review the applicant proposed minor changes to the architecture of the building. Since the changes are minor in scope, cosmetic only and do not increase the square footage of the building or architectural material breakdown staff supports the change. The proposed change is reflected in the plans provided for City Council review. ANNOTATED AGENDA July 14,2015 Page 6 Elevation reviewed by Planning Commission on June 22, 2015: IP— r;ls ... _ ---- i+:�!■rer cry imMEIR — e _ • in ---Mingri Proposed changes are circled in red and reflected in revised plans dated July 6, 2015 for City Council review: rill=MEMNON.'i __ 1[19 -11-8-12-111;-31 .1 ry 9oaihN..L Comm. i3 Schh5..h C Ng iii ;min; f f rr■..iii * J.. ■��.I n' [I!!!! I I�fi:I !11■!1 '!i!ia�! 'a'nil ��� I lb tItlIll. Background The 120-Day Review Period Expires on September 4, 2015 MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 1.67 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment within the Commercial Regional Service zoning district on 1.67 acres; and ANNOTATED AGENDA July 14,2015 Page 7 • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS,REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Adopt Resolution to Submit Comments on the Southwest Light Rail Transit Supplemental Draft Environmental Impact Statement Synopsis: In response to public comments received on the Southwest Transitway Draft Environmental Impact Statement(DEIS), the Metropolitan Council made changes to the proposed design on the Southwest Light Rail Transit Project. As a result of these changes the Federal Transit Administration and the Metropolitan Council determined that a Supplemental Draft Environmental Impact Statement(SDEIS) was needed to document environmental impacts that were not identified in the DEIS. The SDEIS is now available and can be viewed at www.swlrt.org. City staff is in process of reviewing the Southwest Light Rail Transit Project SDEIS. The attached draft letter includes eight(8) general comments in the following areas: • Support for the alignment that Eden Prairie provided Municipal Consent to on July 14, 2014. This alignment includes five Eden Prairie stations including Mitchell and Town Center Stations. • Complement and coordination with the services offered by SouthWest Transit. • Design of LRT bridge adjacent to Purgatory Creek Park. • Temporary impacts to Purgatory Creek Park. • Straighten the proposed bridge alignment over Valley View Road at Flying Cloud Drive. ANNOTATED AGENDA July 14,2015 Page 8 • Analyze any modifications to the proposed alignment, stations, and parking distribution to ensure adequate infrastructure is provided. • Location,placement and screening of Traction Power Sub-Stations (TPSS), signal bungalows, and other LRT accessory equipment. • Mitigating design and construction impacts of the project. City staff is also working on identifying detailed comments on various elements of the SDEIS. These comments will be added to the letter before it is finalized. Written comments on the SDEIS will be accepted through July 21, 2015. Following the close of the comment period, FTA and the Metropolitan Council will consider all comments submitted and will respond to substantive comments in the Final EIS. MOTION: Move to adopt resolution to submit comments on the Southwest Light Rail Transit Supplemental Draft Environmental Impact Statement. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVII. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations July 14, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Jay Lotthammer, Director, Donation from Miracle League Field IV.A. Parks and Recreation Fundraising Group for the Construction of the Field Requested Action Move to: Adopt the resolution accepting the donation in the amount of$170,000 from Miracle League Field Fundraising Group for the Construction of the Field. Synopsis The Miracle League Fundraising Group has continued to raise funds through paver sales and naming rights. Separate action items occur later in the agenda requesting authorization to award construction contracts and enter into an agreement with RJM Construction to manage the project. 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$170,000 to be used for the construction of the Miracle League Field from the Miracle League Field Fundraising Group is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 14th day of July, 2015. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,JUNE 16, 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 Council Member Butcher Wickstrom and Heritage Preservation Commission Member Pam Spera were absent. I. JOINT MEETING WITH THE HERITAGE PRESERVATION COMMISSION (HPC) HPC Work Plan HPC Staff Liaison Lori Creamer reviewed the Commission's work plan. The Lake Riley kiosk project is expected to be finished by early fall. A legacy grant application is being prepared for completion of the interpretive signage project at Riley Lake Park and farmstead, and the City received a grant from the Eden Prairie Community Foundation in April. The Commission is completing site nomination work for the Dorenkemper House. The Smith- Douglas-More House is in need of a new roof, and staff is preparing a grant application for that work. Glen Lake Children's Camp is preparing plans for a two-story structure to provide sensory activities for children with disabilities. Steve Olson is helping to identify any items that may be of concern to the HPC. Commissioners Paul Thorp and Olson are also helping to update the City's heritage resource inventory. City Center Historic Photo Project Proposal Commissioner Cindy Evert presented a proposal for a City Center exhibit of historic photos that will pay tribute to the past and bring history to life. Evert noted that she is a professional designer but she has designed the proposed exhibit as part of her unpaid work as a member of the HPC. The proposal includes two phases. Phase 1 of the project would be in the open atrium area of City Center. Soffits that surround the open area are currently covered with wallpaper. The wallpaper would be removed and replaced with prairie grass lightly screened on the soffits. Acrylic panels with historic images approximately 3' x 3' to 3' x 4' would be "pucked out" from the walls. Vinyl lettering identifying the images can be added. The cost estimate for Phase 1 includes: • Removal of wallpaper and prep walls - $4,620 City Council Workshop Minutes June 16, 2015 Page 2 • Branded wallpaper and 3-D images -Digitally printed wall murals - $8,712 - Cut vinyl - $5,960 - 20 raised panels - $11,100 - Graphic design work- $2,500 - Informational kiosks - $1,000 Phase 2 would utilize blank wall space near the engineering department. This exhibit would consist of moveable two-sided flip panels with historic photos and information. The cost estimate for Phase 2 includes: • Flip panel display 74.35"wide wall - (7) 21x60 double sided panels - $5,850 • Flip panel display on 144"wide wall - (15) 21x60 double sided panels - $11,200 • Graphic design estimate - $2,000-$3,000 Possible funding sources are sale of books (historical and cultural fund current balance is ($8,300), Facilities budget contribution, legacy grant funds or project partners. Mayor Tyra-Lukens suggested seeking out historic photos from local businesses and organizations that may be willing to help fund the displays. She likes the project and the design. Nelson also likes the proposal. She suggested forgoing the prairie grass background if the project proves too costly. Case was strongly supportive of the project. He said the cost is relatively low while the benefits are huge. He encouraged the HPC to seek out grants to help cover the cost. Aho said he also likes the project, and encouraged the commission to seek out organizations interested in participating. II. SWLRT UPDATE Ellis said the SWLRT Corridor Management Committee has been tasked with identifying cost reductions totaling $314M. The sacrifices are to be shared by all of the communities, and proposed changes must have forecasted weekday ridership of 30,000 to 3,000. Some of the changes under consideration are: • Operational and miscellaneous changes ($66M - $75M) • Landscaping, art, furnishings ($16M - $18M) • Reduce park and rides to 2020 demand($17M - $21M) • Delete all park and rides ($57M - $65M) • Delete some stations ($44M - $51M) • Modify end of line o Golden Triangle ($375M - $380M) City Council Workshop Minutes June 16, 2015 Page 3 o Town Center Modified($230M - $235M) o Town Center per PE Plan($190M - $195M) o Southwest Station ($120M - $125M) Ellis said the PE Plan shows an option with the end of the line at Town Center/Brunswick. This option would save $190M to $195M, but is questionable as a shared sacrifice. Case said parking at this location would be extremely problematic. Jeremiah said the thinking is that people who need to park would drive to the Golden Triangle Station, and that the Town Center Station would be a walk-to station. Nelson said the Golden Triangle is an island between freeways and it is already difficult to get in and out of. Jeremiah said the project office has identified approximately 100 on-street parking spaces in near the proposed Town Center Station. Tyra-Lukens said that kind of street parking does not seem feasible. Nelson said that park and hide will be a huge problem. Jeremiah said staff is aware of all of these concerns and is pushing for Southwest Station, which can accommodate more parking. Ellis noted that the Modified Town Center proposal involves an alignment that cannot be extended to the west. He feels this is almost a deal breaker. Tyra-Lukens noted that this proposed station location includes less housing and less employment in the half-mile walkshed. Ellis said there is also a Modified Modified Town Center Station proposal, which ends in the vicinity of Redstone. The half-mile walkshed for this station includes even less workforce than the PE plan as well as less housing. Nelson noted that people would have to cross major highways to get to the station, which seems unlikely. Ellis said ending the line at Southwest Station comes close to achieving the cost reduction goal, but does not achieve the ridership goal. Ellis said staff feels Southwest Station is the best long term solution for the region, since it would be a true multi-modal station and it would include the Optum campus in the walkshed. Ellis asked Council for input on what they think is the best end of line station if Southwest Station is rules out as an option. Aho said Town Center without additional parking does not make send. He feels the end of the line should be either Golden Triangle or Southwest Station. Case said some Town Center options look viable,with the exception of parking. Losing Redstone would be huge. Nelson agreed with the parking piece. She said she cannot see losing all of the park and rides along the line. Tyra-Lukens said she would hate to see Redstone taken out. III. OPEN PODIUM A. SWLRT -Jeff Strate B. KRISTIE LANE HOUSE —Thomas Klein City Council Workshop Minutes June 16, 2015 Page 4 Klein said he and his neighbors are concerned that ownership of the home may be in question. He wants to see the work on the home completed, so the home can be put up for sale. IV. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JUNE 16, 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 CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 PM. Council Member Butcher Wickstrom was absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. CERT CSU RECOGNITION Assistant Chief Rik Berkbigler gave an overview of the Community Emergency Response Team Community Service Unit(CERT CSU)program. He noted the Community Service Unit program was just started this year. They enlisted 17 members from the community of different cultures to serve on the CSU. The enlistees completed a six week training program for the CERT CSU program. He reviewed the roles played by the CERT and by the CSU program members. Tyra-Lukens thanked all of the volunteers and said she was excited to see this one-of-a-kind program. She asked if there will be a way to let other communities know about the program because she has had inquiries from other community leaders. Assistant Chief Berkbigler said they have already started to do that. B. TOUR DE TONKA UPDATE Jenny Bodurka, representing the City of Minnetonka Community Education, gave a PowerPoint presentation about the 2015 Tour de Tonka event and a review of the 2014 event. She noted this is the tenth anniversary for the event. In 2014 there were 3000 riders who took part in the event which offers various distances as CITY COUNCIL MINUTES June 16, 2015 Page 2 options on routes that travel through many surrounding communities. They partner with the ICA food shelf for the event. C. DONATIONS 1. Donation from Clare Bridge (Resolution No. 2015-55) Lotthammer said this is a donation of$250 from Clare Bridge to be used for the 2015 Senior Housing Tour and the Fall Lunch event. MOTION: Nelson moved, seconded by Aho, to adopt Resolution No. 2015-55 accepting the donation in the amount of$250 from Clare Bridge to be used toward 2015 Senior Housing Tour and Fall Lunch event. Motion carried 4-0. 2. Donation from Lions Tap (Resolution No. 2015-56) Lotthammer said the Lions Tap is donating a total of$1,400 to be used for 13 of our 2015 Special Events. MOTION: Case moved, seconded by Nelson, to adopt Resolution No. 2015-56 accepting donations in the amount of$1,400 from Lions Tap to be used towards 2015 Special Events. Motion carried 4-0. 3. Donation from Miracle Ear(Resolution No. 2015-57) Lotthammer said this is a donation of$500 from Miracle Ear to be used towards the 2015 Senior Awareness Dinner and Holiday Lunch. MOTION: Aho moved, seconded by Case, to adopt Resolution No. 2015- 58 accepting the donation in the amount of$500 from Miracle Ear to be used towards the 2015 Senior Awareness Dinner and Holiday Lunch. Motion carried 4-0. 4. Donations for July 3 & 4 (Resolution No. 2015-58) Lotthammer said these are donations totaling $2,150 from several Eden Prairie businesses for the Hometown Celebration on July 3 and 4. MOTION: Nelson moved, seconded by Aho, to adopt Resolution No. 2015-58 accepting the donations towards the Hometown Celebration on July 3rd and 4th in the amount of$2,150 from various Eden Prairie businesses. Motion carried 4-0. 5. Donation of Free Little Libraries (Resolution No. 2015-59) Lotthammer said representatives of Girl Scout Troop 14286 are here tonight to present their donation of four Free Little Libraries. He said the girls planned how to complete the project and also worked with senior CITY COUNCIL MINUTES June 16, 2015 Page 3 volunteers at the Senior Center to build the boxes. He noted the books will be incorporated into the summer camps and playground programs that will be held in the neighborhood parks where the libraries will be located. Larissa Judt, troop leader, described the Free Little Library program and thanked the Parks &Recreation Department for their help with the project and the seniors who helped build the boxes for the libraries. Several members of the troop described what they learned from the project. Tyra-Lukens asked if the books available in these boxes will be focused on children's books. Lotthammer said that was correct. Tyra-Lukens noted this project and the CERT/CSU volunteer program are good examples of how our residents come together in community here in Eden Prairie. She noted Eden Prairie recently received two awards that included recognition for our community involvement: the niche.com award which put Eden Prairie in the top 30 communities in which to live in the United States; and the Star Tribune list of best places to work in Minnesota where Eden Prairie received recognition as one of the top 150 workplaces in the State. MOTION: Aho moved, seconded by Nelson, to adopt Resolution No. 2015-59 accepting the donation of Little Free Libraries from Girl Scout Troop 14286. Motion carried 4-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Getschow added Item VIII.Q. distributed on goldenrod paper. MOTION: Case moved, seconded by Nelson, to approve the agenda as amended. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MAY 19, 2015 MOTION: Nelson moved, seconded by Aho, to approve the minutes of the Council workshop held Tuesday, May 19, 2015, as published. Motion carried 3-0-1,with Case abstaining. B. CITY COUNCIL MEETING HELD TUESDAY, MAY 19, 2015 MOTION: Aho moved, seconded by Nelson, to approve the minutes of the City Council meeting held Tuesday, May 19, 2015, as published. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR CITY COUNCIL MINUTES June 16, 2015 Page 4 A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF ORDINANCE NO. 7-2015 AMENDING CITY CODE SECTION 11.55 RELATING TO LAND ALTERATION, TREE PRESERVATION AND STORMWATER MANAGEMENT,AND ADOPT RESOLUTION NO. 2015-60 APPROVING PUBLICATION OF SUMMARY ORDINANCE C. ADOPT RESOLUTION NO. 2015-61 APPROVING FINAL PLAT OF BLOSSOM HILL (WAGNER PROPERTY) D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH RES SPECIALTY PYROTECHNICS TO PROVIDE FIREWORKS AT THE 4TH OF JULY HOMETOWN CELEBRATION AT ROUND LAKE PARK E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR ENGINEERING, LANDSCAPE ARCHITECTURE AND SURVEY SERVICES FOR IMPROVEMENTS TO MILLER PARK FIELD 8 PLAZA AREA AND PARKING LOT F. APPROVE SECOND AMENDMENT TO GRANT PROGRAM AGREEMENT FOR USE OF AN ADDITIONAL $15,000 IN CDBG FUNDS TO REHABILITATE LUANN'S PLACE G. APPROVE MAINTENANCE AGREEMENT FOR STORMWATER FACILITIES FOR BLOSSOM HILL (WAGNER PROPERTY) H. APPROVE INSTITUTION COMMUNITY WORK CREW AGREEMENT I. RECEIVE PETITION AND ADOPT RESOLUTION NO. 2015-62 AUTHORIZING PREPARATION OF FEASIBILITY STUDY FOR UTILITY IMPROVEMENTS TO SERVE LIONS TAP AND ITS ADJOINING PARCEL J. APPROVE SUBMITTAL OF ANNUAL REPORT TO THE MPCA FOR THE PHASE II NPDES STORM WATER PERMIT PROGRAM K. AWARD CONTRACT FOR STABILIZATION OF THREE SECTIONS OF PURGATORY CREEK TO MINNESOTA NATIVE LANDSCAPES L. AWARD CONTRACT TO VALLEY-RICH CO.,INC. FOR ANTLERS RIDGE TRAIL DRAINAGE IMPROVEMENT M. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SEH FOR NOTERMANN PUBLIC UTILITY FEASIBILITY LEVEL DESIGN SERVICES N. APPROVE MNDOT WORK ORDER FOR FUNDING OF BRIDGE PAINTING PROJECTS CITY COUNCIL MINUTES June 16, 2015 Page 5 O. APPROVE QUOTE FOR LOGIS TO REPLACE NETWORK EQUIPMENT AT THE COMMUNITY CENTER P. DECLARE OBSOLETE EQUIPMENT AS SURPLUS AND AUTHORIZE CITY MANAGER TO DISPOSE OF PROPERTY Q. ADOPT RESOLUTION NO. 2015-66 AUTHORIZING SIGNING AUTHORITY ALLOWING ACCESS TO MINNESOTA GOVERNMENT ACCESS (MGA)ACCOUNTS FOR ELECTRONIC COURT RECORDS AND DOCUMENTS MOTION: Nelson moved, seconded by Case, to approve Items A-Q on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS/MEETINGS A. RESOLUTION NO. 2015-63 APPROVING ISSUANCE BY CITY OF DEEPHAVEN, MINNESOTA, OF ITS CHARTER SCHOOL LEASE REVENUE BONDS, SERIES 2015A AND SERIES 2015B (EAGLE RIDGE ACADEMY PROJECT) Getschow said in June, 2013, the City of Deephaven issued bonds for the purpose of financing the project costs on behalf of Eagle Ridge Academy Affiliated Building Company. The City of Eden Prairie did not issue the bonds because of planned debt issuance in 2013 which would have affected the City's ability to maintain bank qualified bonds and a lower interest rate. The City of Deephaven now plans to issue bonds for the purpose of refinancing the project costs on behalf of Eagle Ridge Academy Affiliated Building Company. Because the project is located in Eden Prairie, Federal regulations require the City hold a public hearing and to pass a resolution approving the issuance of bonds. There were no comments from the audience. MOTION: Case moved, seconded by Aho, to close the public hearing, and to adopt Resolution No. 2015-63 approving the issuance by the City of Deephaven, Minnesota, of its Charter School Lease Revenue Bonds, Series 2015A and Series 2015B (Eagle Ridge Academy Project). Motion carried 4-0. B. APPROVE DRAFT LOCAL WATER MANAGEMENT PLAN AND APPROVE SUBMITTAL Getschow said the Local Water Management Plan(LWMP) has been updated to meet the requirements of the water management plan updates that were completed by the three local watershed districts. Ellis gave a PowerPoint summary of the draft LWMP. He said the plan is the major planning document for all of the water resources in Eden Prairie, therefore it is unique to Eden Prairie. He described the regulatory framework for the water management which included City ordinances, the Metropolitan Council, the MPCA, the Minnesota Department of Health, the DNR, and the three watershed districts CITY COUNCIL MINUTES June 16, 2015 Page 6 within the City of Eden Prairie. He reviewed in detail the goals and policies established by the plan. He also reviewed the implementation plan and the capital improvement and funding plan incorporated into the document. The plan includes the water resources inventory and an assessment of problems, issues and regulatory requirements. He said the City will fund the implementation plan primarily from the Stormwater Utility fees, along with some funding from the watershed districts and other sources. He noted the City has been very successful in getting substantial grant funding to supplement other funds, and we plan to continue to apply for other grants. Ellis said the plan recommends the City adopt ordinances identifying us as the permitting agency for the rules which would include the variance process. That would enable the City to continue to be the "one-stop shop" for those projects that need permits and variances. Taking on this responsibility aligns with our customer- focused model and is within the suite of services we provide. It fits very well within our organization. There may be additional resources needed to do the review of permits and inspections, but that would be funded primarily by permit revenue and the stormwater fund. He reviewed the next steps in the process which include taking public comment tonight and adopting the plan and submitting it to the Watershed Districts and to the Metropolitan Council. If the plan is approved by them, we would implement it. If it is denied, then we would weigh the alternatives and consider the comments made by the other governmental bodies. He noted the plan was presented to the Conservation Commission and their feedback was incorporated into the draft document. Case asked what would happen if one of the watershed districts denied approval but the other two approved it. Ellis replied we would probably go back to the table and talk it out, depending on the nature of the comments made about the denial. The plan must be approved by all three watershed districts as well as the Met Council. Aho asked what authority the three watershed districts have to approve the plan. Ellis said State statute requires they either approve or deny the plan and must provide comments on what should be changed if they deny it. Aho asked how much change to our plan was made in order to accommodate the changes in Riley Purgatory Bluff Creek Watershed District's (RPBCWD)plan. Ellis said a lot of the RPBCWD changes were related to water quality for new development and redevelopment. Aho asked if there were any changes included in their plan that would impact the authority of the City to be the rule making body for permitting. Ellis said the City would not be able to change the rules adopted by the RPBCWD. We would only review and assure compliance to their plan. Aho said his understanding was that we, as a City, have the right to manage the process and to be the authority in permitting as long as we have a qualified water management plan. Ellis responded we lose the ability if we do not have a qualified plan. The watershed district's amendment of their plan starts a clock for all cities to update their own plans to be in compliance. We found out that our plan was not in compliance on a technicality and that took away our grace period. Aho said that means the RPBCWD plan supersedes because we have exceeded the grace period. Ellis said that was true. Aho said that was very disappointing to him. CITY COUNCIL MINUTES June 16, 2015 Page 7 Nelson agreed and noted the Council had been told way some time ago that we had a qualified plan. She hoped we would take steps not to let that happen again. Bob Adomaitis, representing the Southwest Metro Lake Association, congratulated staff on development of the LWMP. He supported the City's decision that no new Memoranda of Understanding nor no new Joint Powers agreements are anticipated. Having one set of rules allows consistency of regulation across all parts of the City. He would like to clarify whether the watershed districts'rules for land alteration are adopted in entirety or only where gaps exist. Ellis said this plan provides guidance for not implementing a rule if doing so would be so egregious it doesn't make any sense. It is a way to say the intent of the rule is good, but it is not practical to carry it out. He said we went through a process to get to this point. One year ago the RPBCWD started the process, and there have been a number of resolutions from the City that were forwarded to them. At the end of 2014 they approved their rules. There is a grace period where, if we have an approved water management plan, those rules don't apply. After the fact we found out there was an amendment to the RPBCWD plan two years ago that required us to amend our plan. We didn't notify the State we believed our plan was in compliance, so we lost the two-year grace period because our plan was not submitted. Rosow said his memo to the City Council in 2014 set out the provision of State statute that states a watershed district within the metropolitan area may directly regulate use of land in the watershed by adopting rules. They may do that only if: 1) the local government does not have a properly approved and adopted local water management plan or has not adopted the implementation program described in the plan; or 2) an application to a local government for a permit to use or develop land requires amendment to or a variance from a local water management plan or the implementation plan of the city; or 3) the local government has authorized the watershed district to issue permits for land use and development. So as long as we have an approved plan and an approved implementation plan and so long as a request does not require a variance from the approved plan or the implementation plan, we have the authority to enforce our rules and the watershed district does not have the authority to regulate the use and development of land. The difficulty is that the watershed district gets to decide whether our LWMP plan and our implementation plan are in conformance with their water management plan. Our LWMP speaks very specifically about goals and objectives, and the implementation plan sets out what we will implement and how we will finance it. If we approve this plan and send it on for approval, we will need to start working on any amendments to our ordinances needed to be in conformance with the RPBCWD plan because of the short timeline. Case said we understood if we had rules our rules would supersede. But now we hear we don't get any control over the rules and can only implement. Rosow replied we have been consistent that they get to enforce their rules only if we don't have an approved LWMP. The difficulty is that there will probably be an argument over the issuance of variances. He noted the City has asked for his opinion about that, and his opinion is that, so long as our LWMP is consistent with theirs and so long as we have a LWMP and an implementation plan and a process for issuing variances, we CITY COUNCIL MINUTES June 16, 2015 Page 8 are able to issue variances. It may be an area subject to negotiation, but the City has the experience in handling land management so we believe we should be the ones to do that. Case asked about how other communities and other watershed districts are dealing with this. Rosow said some of the other watershed districts are enforcing their rules and the cities are allowing them to issue permits. Getschow said with the understanding that a watershed district has the ability to issue rules, the City Council adopted 35 comments a year ago. At the end of 2014 when RPBCWD adopted their rules, there were some outstanding issues from the City's perspective. He asked Mr. Ellis to comment on those. Ellis said the City started out with a number of comments as did other cities. The RPBCWD made some significant changes to their proposed rules. There were 7-10 comments we felt still needed to be adjusted,but the rules were adopted as is. He believed the rules that were adopted are much better than those they started with. Nelson asked if our plan has to go with the rules that are the most restrictive for the entire City. Ellis said that was correct and our goal was to have uniformity between Riley Purgatory Watershed District and Nine Mile Creek Watershed District plans. The Lower Minnesota Watershed District has very few restriction while the rules for the RPBCWD are the most restrictive.Nelson asked if our plan would have different provisions depending on where the resident lives. Ellis said the Riley Purgatory rules would apply in that jurisdiction and Nine Mile's rules would apply in their jurisdiction. That is nothing new. Our goal was to try to provide some consistency, but we were not successful in doing that. Mr. Adomaitis asked at what point in time in the process did staff become aware we did not have an approved plan. Rosow said it was discovered shortly before the March City Council meeting. At that time we discovered we did not have a plan that was in conformance because there was no grace period. We thought we had several months left in the grace period but that was not the case. Getschow noted there have been three or four projects that have come through where the applicants are going to the Watershed District because we learned we could not process those applications. John Tyler, 17574 Belfast Cove, said there is different language and different interpretation in the water management issue and noted State statutes 103B and 103D would apply. Last September the Southwest Metro Lake Coalition asked for a legal opinion from the City of Eden Prairie on the difference between 103B and 103D. The question is what is the governing statute for the issue. The Minnesota Supreme Court said the city ordinances did suffice as a water management plan, and he asked for a written legal opinion on that. Grace period or not, we have City ordinances in place. Case said sections 103B and 103D are very similar and asked if there is a reason to look at the two statutes. Rosow said his September 2014 opinion that was included in the City Council's meeting packet gave his opinion on that. The Council packet is available to the public. As part of the research for that opinion, staff spent a lot of CITY COUNCIL MINUTES June 16, 2015 Page 9 time reviewing 103B and 103D and trying to understand the purposes and the differences between them. He understood the point of view Mr. Tyler is presenting but he disagreed with it. He also disagreed with what he heard about the Nine Mile Creek Watershed District case. He reviewed that case and determined it was decided the watershed district did not take the property of the owner and decided the City could and was authorized to specially assess the property. The other case presented in the recent memo he received from Council Member Aho was a reference to the Pawlenty case when there was a non-allotment of funds, and the Minnesota Supreme Court said the government could not non-allot funds in the manner in which it was done. That opinion does not address watershed districts. His analysis of 103B and 103D leads him to believe the reference in the statute that refers back to the powers is the appropriate interpretation. There is no court case that has decided this,but you need to give construction to a rule that makes sense and that does not entirely do away with a provision the legislature has adopted. He believed the most reasonable interpretation of the statute is the one he gave tonight- -that the watershed districts have authority to regulate land use if one of the three conditions he outlined occurs. Case said it seemed that we are retaining significant power to issue variances. We are in a better position to issue variances because we know our city and know the variance structure. He would like to think we would do all we could to continue to preserve that right in the variance process. Rosow suggested an addition to the language of the draft LWMP in Section 6.4 that would add a new category called "Implementation Plan" to the table at the end of the section: Category: Implementation Plan Identified Problems & Issues: Proceed with Implementation Plan, amend city code, including city issuances of permits and authority to grant and deny variance request. Identified Solutions: City Council action to adopt Amendments to city code including a process consistent with Watershed District Plan for City to issue permits and to grant and deny variance requests Aho asked if our only remedy is to go to court if we add that language and the Watershed District comes back and says they want to continue to approve variances. Rosow said there are other areas in the LWMP where we refer to the granting of variances, but this language would reiterate it at the end of the document. If they disagree, then a District Court action is the most likely forum. He believed we could also appeal to the Minnesota Board of Water and Soil Resources, but they would probably stand behind their watershed district and would not be an impartial forum. CITY COUNCIL MINUTES June 16, 2015 Page 10 Nelson said we talked about recreational use of lakes being important, and at previous meetings with the RPBCWD it was their sense it was water quality that mattered and they did not consider recreational use a piece of that. She asked if there is any way we can try to enforce maintenance of both water clarity and recreational use of lakes. Ellis replied one of our goals and policies in the LWMP was to address that balance of water quality and recreational use. He believed our plan successfully addresses that issue. We have an argument that recreation is just as important, and our plan sets that out as a goal. Nelson said both of them are important. Aho said he missed the fact that we did not have a qualified plan and thought we had two years from the time the Watershed District adopted their rules. To him, it sounds like we are at the point where we don't have any time and are beyond our grace period. He didn't think we can afford to delay the process. MOTION: Case moved, seconded by Aho, to close the public meeting; to adopt the Draft Local Water Management Plan; to approve submittal of the Draft Local Water Management Plan to the three watershed districts, the Board of Water and Soil Resources, Hennepin County, Department of Natural Resources and Metropolitan Council; and to incorporate into the plan the comments made by City Attorney regarding Page 6.4 of the plan. Motion carried 4-0. X. PAYMENT OF CLAIMS MOTION: Nelson moved, seconded by Case, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho, Case, Nelson and Tyra- Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS A. APPROVE FIRST AND SECOND READINGS OF ORDINANCE NO. 8-2015 AMENDING CITY CODE CHAPTER 4 RELATING TO TAP ROOMS, GROWLER LICENSES AND ADMINISTRATIVE CLARIFICATIONS AND ADOPT RESOLUTION NO. 2015-64 APPROVING PUBLICATION OF SUMMARY ORDINANCE Getschow noted there was quite a bit of discussion at the May 4 Council meeting about several changes we planned to make to align our code with State code and how we weight the rules related to the ratio of food to liquor sales for our restaurants that serve liquor. The main conversation piece was related to taprooms and growler sales. The consensus at the meeting was that introducing tap rooms into Eden Prairie was a positive issue but there were some concerns about food. Since that discussion, we have learned that food is not allowed to be made or sold in a tap room in Hennepin County; however,people can bring in food to the taproom. If a tap room is serving food, then it is classified as a brew pub. The other issue concerned the sale of growlers. We have researched that issue and learned that most tap rooms do rely on the sale of growlers. In checking with all other municipal liquor operations in the metropolitan area, five or six of them also have tap rooms in operation. Those municipalities do not have concerns about the sale of growlers nor CITY COUNCIL MINUTES June 16, 2015 Page 11 has the sale of growlers had an effect on the municipal liquor operations. Tyra-Lukens noted this issue was discussed at length at our last meeting. MOTION: Aho moved, seconded by Case, to approve first reading of an ordinance amending City Code Chapter 4 relating to taprooms and growler licenses and administrative clarifications,which first reading occurred on May 5, 2015; and to approve the second reading of Ordinance No. 8-2015 amending City Code Chapter 4 relating to taprooms and growler licenses and administrative clarifications; and to approve the summary ordinance and Resolution No. 2015-64 for publication. Motion carried 4-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. STUDENTS ON COMMISSIONS MOTION: Nelson moved to appoint to the Conservation Commission: Rachel Buckland, Emily Corpuz and Jenna Horner; and Case moved to appoint to the Flying Cloud Airport Advisory Commission: Luke Holzworth and Michael Richter; and Aho moved to appoint to the Heritage Preservation Commission: Natalie Higgins, Zeinab Hussen and Alexander Modeas; and Tyra-Lukens moved to appoint to the Human Rights and Diversity Commission: Tala Alfoqaha, Turner Gunderson, Sarah Mason, Tanvi Mehta, and Adrienne Retzlaff; and Nelson moved to appoint to the Parks, Recreation, and Natural Resources Commission: Bridget Dillon, Emily Harvey, Lincoln Piper and Stefan Wenc. Motion seconded by Case. Motion carried 4-0. Tyra-Lukens noted the applications for Students on Commissions positions were accepted from mid-April to the end of May. An orientation session will be held in August. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Adopt Resolution No. 2015-65 Approving Plans and Specifications and Order Advertisement for Bids for the West 70th Street Extension Improvement Project CITY COUNCIL MINUTES June 16, 2015 Page 12 John Newton,Assistant City Engineer, gave a PowerPoint presentation about the proposed West 70th Street Extension improvement project. He said the Engineering Division has prepared plans and specifications for the extension of West 70th Street to Flying Cloud Drive with the assistance of SRF Consulting Group, Inc. Construction of the project is scheduled to occur between August and October of this year. Plans for the project include a 2-lane roadway with sidewalks,bike lanes, and enhanced streetscaping. The West 70th Street Improvement project includes two segments that have been individually identified in the Capital Improvement Plan and which will result in a continuous West 70th Street roadway connection between Flying Cloud Drive and Shady Oak Road. The west segment is the extension of West 70th Street from its current terminus westerly to Flying Cloud Drive. Design of this segment is complete and construction is scheduled to occur between August and October of this year. Newton described the process used to involve the stakeholders in the design of the roadway. An open house was held in December, 2014. He described the project components and reviewed the layout. He reviewed the project costs and funding mechanisms,noting in May the City was awarded a $470,000 Transit Oriented Development(TOD) grant from Hennepin County that will allow enhanced streetscaping, lighting and multi-modal design elements to be incorporated into the project. Nelson asked if the lighting will be LED lighting. Newton replied we specifically requested LED lighting be included in the bids. Aho noted there is a need for this extension if the SWLRT goes in that area, but is not needed should the SWLRT not be constructed. Newton said one of the issues is that it is a large area with not many streets that connect through the area. This extension would offer multiple choices to get through the Golden Triangle area. Tyra-Lukens asked if the County TOD grant has a timeline.Newton said the timeline sunsets in 2017. We would expect to apply as much money from the grant as we can to the first segment,but we might have to ask for some extension on the money if there is any left over. MOTION: Aho moved, seconded by Nelson, to adopt Resolution No. 2015-65 approving plan and specifications and ordering advertisement for bids for West 70th Street Extension Improvement Project. Motion carried 4-0. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS CITY COUNCIL MINUTES June 16, 2015 Page 13 XVI. ADJOURNMENT MOTION: Case moved, seconded by Nelson, to adjourn the meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 9:01 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 14, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Christy Weigel, Clerk's License Application List VIII.A. Police/ Support Unit These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below Temporary Liquor Organization: Church of Pax Christi Event: Pastor's 70th Birthday Party Date: August 15, 2015 Place: Pax Christi—parking lot& gymnasium 12100 Pioneer Trail - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda 07/14/15 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Crossroads Center VIII. B. Janet Jeremiah/Julie Klima Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment within the Commercial-Regional-Services Zoning District on 2.9 acres; and • Approve Resolution for Site Plan Review on 2.9 acres; and • Approve the Development Agreement for Crossroads Center. Synopsis This is final approval of the development agreement and plans for an exterior remodel and landscaping improvements. The 120-Day Review Period Expires on September 10, 2015. Attachments 1. Ordinance for PUD District Review 2. Summary Ordinance 3. Resolution for Site Plan Review 4. Development Agreement CROSSROADS CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 9-2015-PUD-4-2015 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 Commercial Regional Services Zoning District 9-2015-PUD-4-2015 (hereinafter "PUD-9- 20 15-4). Section 3. The City Council hereby makes the following findings: A. PUD-9-2015-4 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-9-2015-4 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-9-2015-4 are justified by the design of the development described therein. D. PUD-9-2015-4 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 July 14, 2015, entered into between Crossroads Center of 212 Limited Partnership and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-9-2015-4, 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 Regional-Commercial-Services District and shall be included hereafter in the Planned Unit Development 9-2015-4, 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 5th day of May 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 14th day of July, 2015. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2015. EXHIBIT A PUD Legal Description — Lotl, Block 1, Crossroads Center CROSSROADS CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 9-2015-PUD-4-2015 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 7731 Flying Cloud Drive within the Commercial-Regional-Services 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 CROSSROADS CENTER WHEREAS, Crossroads Center of 212 Limited Partnership has applied for Site Plan approval to construct an exterior remodel and landscaping improvements, by an Ordinance approved by the City Council on July 14, 2015; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its April 13, 2015 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its May 5, 2015 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Crossroads Center based on the Development Agreement between Crossroads Center of 212 Limited Partnership and the City of Eden Prairie, reviewed and approved by the City Council on July 14, 2015. ADOPTED by the City Council of the City of Eden Prairie this 14th day of July, 2015. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk DEVELOPMENT AGREEMENT CROSSROADS CENTER THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of June 16, 2015,by Crossroads Center of 212 Limited Partnership,a Minnesota limited partnership,hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS,Developer has applied to City for Planned Unit Development Concept Review on 2.9 acres,Planned Unit Development District Review with waivers on 2.9 acres,Zoning District Amendment within the Commercial Regional Services Zoning District on 2.9 acres, and Site Plan Review on 2.9 acres, legally described on Exhibit A, attached hereto and incorporated herein (the "Property"); WHEREAS,Developer and City enter into this Development Agreement to set forth terms and conditions of the requested approvals. NOW, THEREFORE, in consideration of the City adopting Resolution No. 2015-_for Planned Unit Development Concept Review,Ordinance No._-2015-PUD-_-2015 for Planned Unit Development District Review and Zoning District Review within the Commercial Regional Services Zoning District on 2.9 acres,and Resolution No.2015-_for Site Plan Review,Developer agrees to construct, develop and maintain the Property as follows: Crossroads Center Development Agreement July 14, 2015 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated March 10, 2015, reviewed and approved by the City Council on May 5, 2015, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. 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. 3. 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. 4. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 5. EXTERIOR MATERIALS: Prior to issuance of a building permit for the Property, Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the building on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and color plan in accordance with the terms and conditions of Exhibit C, attached hereto. 6. LANDSCAPE PLAN: Prior to issuance of a building permit for the Property, the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property. 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. Crossroads Center Development Agreement July 14, 2015 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. 7. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit,water meters, and standard heating,ventilating, and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If,after completion of installation of the mechanical equipment screening,it is determined by the City Planner, in his or her sole discretion,that the installed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reinstall the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 8. 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. 9. PUD WAIVERS GRANTED: The City hereby grants the following waivers to City Code requirements within the Commercial Regional Service Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD 17-2012-PUD-9-2013: 1. Construction materials consisting of 46.1%EIFS and 53.6% brick and glass on the north elevation of the building. City Code requires 75% face brick, natural stone, glass, cast stone, cultured stone, architectural precast or precast concrete panel with exposed aggregate. 10. 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, Crossroads Center Development Agreement July 14, 2015 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. 11. TRASH: Developer agrees that all trash, trash receptacles and recycling bins shall at all times be located inside of the trash enclosures depicted on the Plans. 12. TRASH ENCLOSURE: The trash enclosure shall be constructed of materials and located consistent with the Exhibit B plans. Developer shall complete installation of the trash enclosure prior to issuance of any occupancy permit for the Property. 13. REAFFIRMING CONDITIONS OF DEVELOPMENT AGREEMENT: Developer agrees to all of the terms,conditions and obligations of"Developer"under the Development Agreement dated October 30, 1985, except as inconsistent with or amended by this Supplement. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. [signatures on following pages] Crossroads Center Development Agreement July 14, 2015 CITY OF EDEN PRAIRIE By Nancy Tyra-Lukens Its Mayor By Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,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 Crossroads Center Development Agreement July 14, 2015 CROSSROADS CENTER OF 212 LIMITED PARTNERSHIP By Timothy E. Cashin Its Chief Manager of Cashin LLC, General Partner of Crossroads Center 212 Limited Partnership STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2015,by Timothy E. Cashin, Chief Manager of Cashin, LLC, a Minnesota limited liability company and general partner of Crossroads Center of 212 Limited Partnership,a Minnesota limited partnership on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Crossroads Center Development Agreement July 14, 2015 EXHIBIT A DEVELOPMENT AGREEMENT—CROSSROADS CENTER Legal Description Lot1, Block 1 Crossroads Center, Eden Prairie, Hennepin County, Minnesota Crossroads Center Development Agreement July 14, 2015 EXHIBIT B DEVELOPMENT AGREEMENT—CROSSROADS CENTER Landscape Concept Plan Overall L1.0 dated 1/29/2015 by DJR Architecture, Inc. Landscape Concept Plan Enlargement L1.1 dated 9/10/2014 by DJR Architecture, Inc. Landscape Concept Plan Enlargement L1.2 dated 9/10/2014 by DJR Architecture, Inc. Elevations A200 dated 2/2/15 by DJR Architecture, Inc. Elevations A201 dated 6/25/14 by DJR Architecture, Inc. Elevations A202 dated 6/25/2014 by DJR Architecture, Inc. Site Plan dated 3/9/15 by DJR Architecture, Inc. Rendering dated 3/9/15 by DJR Architecture, Inc. Crossroads Center Development Agreement July 14, 2015 EXHIBIT C DEVELOPMENT AGREEMENT—Crossroads Center I. Prior to release of any building permit for the Property, Developer shall submit to the City Engineer for approval two copies of a development plan (1" =100' scale) showing existing and proposed contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100-year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails, and any property deeded to the City. (Not applicable) 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. (Not applicable) IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property,the Developer, the Owners, and their respective successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: 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 Crossroads Center Development Agreement July 14, 2015 other encumbrances. Prior to final plat approval,Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601,et. seq.,or Minn. Stat., Sec. 115B.01,et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property,any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss,costs,damage and expense,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been,used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12, Subdivision Regulations,of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to the issuance of land alteration permit for the Property, Developer shall pay to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property (including installation costs,if any,as determined by electrical power provider),engineering review, and street signs. (Not applicable) 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. (Not applicable) XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, Crossroads Center Development Agreement July 14, 2015 condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall,prior to the commencement of any improvements on the Property,provide written notice to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343. XIII. Prior to issuance of a building permit for the Property, all fees associated with the building permit shall be paid to the Inspections Department, including; Building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to issuance of a building permit for the Property,except as otherwise authorized in the approved Plans, existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. (Not applicable) XV. Prior to issuance of a building permit for the Property,Developer shall provide two copies of an approved survey or site plan(1"=200 scale)showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building,structure,or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term,condition,covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 1/2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of the post. Crossroads Center Development Agreement July 14, 2015 XIX. Within 10 days of the approval of the Development Agreement,the Developer shall record the Development Agreement at the County Recorder and/or Registrar of Titles. No land alteration or building permits for the Property shall be issued until proof of filing of the Development Agreement is submitted to the City. XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security(hereinafter referred to as the "Security")is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City;provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security,as appropriate,upon five (5)business days notice to the Developer,for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty(30)days prior to the expiration of the Security and if the Security has not then been renewed,replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. XXI. The Developer hereby grants the City, it's agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person,including the public at large,so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. XXIII. Except as specifically authorized by the Director of Public Works,no permit shall be issued for the Property until the Developer has recorded the Development Agreement with Hennepin County Recorder's Office/Registrar of Titles' Office. Crossroads Center Development Agreement July 14, 2015 CONSENT AND SUBORDINATION The undersigned, owner of that certain Mortgage dated the day of , recorded in the office of the County Recorder in and for the County of Hennepin,State of Minnesota, on the day of , 20_ as Document No. covering the Property described on Exhibit A hereto, for valuable consideration, does hereby consent to the and subordinates it interest in the Property to that certain Development Agreement,to which this Consent and Subordination is attached,dated _,20_by to the City of . ANCHOR BANK, N.A. (as successor-in- interest to Voyager Bank) By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ) On the day of , 20_, before me personally came ,to me known,who being duly sworn by me stated that he/she is the of the said Anchor Bank, N.A. and that he/she is duly authorized to execute the foregoing instrument. Notary Public Crossroads Center Development Agreement July 14, 2015 CITY COUNCIL AGENDA DATE: SECTION: Consent July 14, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Jay Lotthammer, Director, Award Construction Management Contract VIII.C. Parks and Recreation to RJM Construction for the Miracle League Field Project Requested Action Move to: Award Construction Management Contract to RJM Construction for the Miracle League Field Project. Synopsis RJM Construction has offered to donate their time to manage the project under a Construction Management Agreement. This method of construction management is identical to the Aquatics Expansion Project. Attachment Construction Management Agreement : . . Document A133" - 2009 Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price ADDITIONS AND DELETIONS: I AGREEMENT made as of the Seventh day of July in the year Two Thousand Fifteen The author of this document has (In words, indicate day, month and year.) added information needed for its completion.The author may also have revised the text of the original BETWEEN the Owner: AIA standard form.An Additions and (Name, legal status and address) Deletions Report that notes added information as well as revisions to City of Eden Prairie the standard form text is available 8080 Mitchell Road from the author and should be Eden Prairie, MN 55344 reviewed.A vertical line in the left margin of this document indicates and the Construction Manager: where the author has added (Name, legal status and address) necessary information and where the author has added to or deleted RIM Construction, LLC from the original AIA text. 701 Washington Avenue North This document has important legal Minneapolis,MN 55402 consequences. Consultation with an attorney is encouraged with respect for the following Project: to its completion or modification. (Name and address or location) AIA Document A201 TM_2007, Miracle Field General Conditions of the Contract Flying Cloud Field for Construction,is adopted in this Eden Prairie, MN document by reference Do not use with other general conditions unless this document is modified. The Architect: (Name, legal status and address) Hansen Thorp Pellinen Olson, Inc. 7510 Market Place Drive Eden Prairie,MN 55344 The Owner's Designated Representative: (Name, address and other information) Jay Lotthammer City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 The Construction Manager's Designated Representative: (Name, address and other information) Brian Recker RJM Construction, LLC 701 Washington Avenue North Minneapolis,MN 55402 Init. MA Document A133'M—2009(formerly A121 T"CMc—2003).Copyright©1991,2003 and 2009 by The American Institute of Architects.MI rights reserved. w WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AlA' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. t This document was produced by AIA software at 08:22:13 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1278372973) The Architect's Designated Representative: (Name, address and other information) Laurie Johnson Hansen Thorp Pellinen Olson,Inc. 7510 Market Place Drive Eden Prairie,MN 55344 The Owner and Construction Manager agree as follows. AlA Document A133'"—2009(formerly A121 r"CMc—2003).Copyright 0 1991,2003 and 2009 by The American Institute of Architects.All rights reserved. Init. WARNING:This AW' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this ALA"' 2 Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:22:13 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1278372973) TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES 3 OWNER'S RESPONSIBILITIES 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES 6 COST OF THE WORK FOR CONSTRUCTION PHASE 7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES 8 INSURANCE AND BONDS 9 DISPUTE RESOLUTION 10 TERMINATION OR SUSPENSION 11 MISCELLANEOUS PROVISIONS 12 SCOPE OF THE AGREEMENT ARTICLE 1 GENERAL PROVISIONS § 1.1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract(General,Supplementary and other Conditions), Drawings, Specifications,Addenda issued prior to the execution of this Agreement, other documents listed in this Agreement,and Modifications issued after execution of this Agreement, all of which form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein.Upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal,the Contract Documents will also include the documents described in Section 2.2.3 and identified in the Guaranteed Maximum Price Amendment and revisions prepared by the Architect and furnished by the Owner as described in Section 2.2.8.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. If anything in the other Contract Documents,other than a Modification,is inconsistent with this Agreement,this Agreement shall govern. § 1.2 Relationship of the Parties The Construction Manager accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Construction Manager's skill and judgment in furthering the interests of the Owner;to furnish efficient construction administration,management services and supervision;to furnish at all times an adequate supply of workers and materials;and to perform the Work in an expeditious and economical manner consistent with the Owner's interests.The Owner agrees to furnish or approve, in a timely manner,information required by the Construction Manager and to make payments to the Construction Manager in accordance with the requirements of the Contract Documents. § 1.3 General Conditions For the Preconstruction Phase,AIA Document A201TM-2007, General Conditions of the Contract for Construction, shall apply only as specifically provided in this Agreement.For the Construction Phase,the general conditions of the contract shall be as set forth in A201-2007,which document is incorporated herein by reference. The term "Contractor" as used in A201-2007 shall mean the Construction Manager. ARTICLE 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES The Construction Manager's Preconstruction Phase responsibilities are set forth in Sections 2.1 and 2.2. The Construction Manager's Construction Phase responsibilities are set forth in Section 2.3.The Owner and Init. AIA Document A133"'—2009(formerly A121""CMc—2003).Copyright®1991,2003 and 2009 by The American Insiflute of Architects.All rights reserved. WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AlA` 3 Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:22:13 on 07/08/2015 under Order No 3299611217_1 which expires on 10/30/2015,and is not for resale User Notes: (1278372973) Construction Manager may agree, in consultation with the Architect, for the Construction Phase to commence prior to completion of the Preconstruction Phase, in which case,both phases will proceed concurrently. The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. § 2.1 Preconstruction Phase § 2.1.1 The Construction Manager shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements,each in terms of the other. § 2.1.2 Consultation The Construction Manager shall schedule and conduct meetings with the Architect and Owner to discuss such matters as procedures,progress, coordination,and scheduling of the Work. The Construction Manager shall advise the Owner and the Architect on proposed site use and improvements, selection of materials,and building systems and equipment. The Construction Manager shall also provide recommendations consistent with the Project requirements to the Owner and Architect on constructability; availability of materials and labor;time requirements for procurement,installation and construction;and factors related to construction cost including,but not limited to, costs of alternative designs or materials,preliminary budgets, life-cycle data,and possible cost reductions. § 2.1.3 When Project requirements in Section 3.1.1 have been sufficiently identified,the Construction Manager shall prepare and periodically update a Project schedule for the Architect's review and the Owner's acceptance.The Construction Manager shall obtain the Architect's approval for the portion of the Project schedule relating to the performance of the Architect's services. The Project schedule shall coordinate and integrate the Construction Manager's services,the Architect's services, other Owner consultants' services, and the Owner's responsibilities and identify items that could affect the Project's timely completion. The updated Project schedule shall include the following: submission of the Guaranteed Maximum Price proposal; components of the Work;times of commencement and completion required of each Subcontractor; ordering and delivery of products, including those that must be ordered well in advance of construction; and the occupancy requirements of the Owner. § 2.1.4 Phased Construction The Construction Manager shall provide recommendations with regard to accelerated or fast-track scheduling, procurement,or phased construction.The Construction Manager shall take into consideration cost reductions,cost information, constructability, provisions for temporary facilities and procurement and construction scheduling issues. § 2.1.5 Preliminary Cost Estimates § 2.1.5.1 Based on the preliminary design and other design criteria prepared by the Architect,the Construction Manager shall prepare preliminary estimates of the Cost of the Work or the cost of program requirements using area, volume or similar conceptual estimating techniques for the Architect's review and Owner's approval. If the Architect or Construction Manager suggest alternative materials and systems, the Construction Manager shall provide cost evaluations of those alternative materials and systems. § 2.1.5.2 As the Architect progresses with the preparation of the Schematic Design,Design Development and Construction Documents,the Construction Manager shall prepare and update,at appropriate intervals agreed to by the Owner,Construction Manager and Architect,estimates of the Cost of the Work of increasing detail and refinement and allowing for the further development of the design until such time as the Owner and Construction Manager agree on a Guaranteed Maximum Price for the Work. Such estimates shall be provided for the Architect's review and the Owner's approval. The Construction Manager shall inform the Owner and Architect when estimates of the Cost of the Work exceed the latest approved Project budget and make recommendations for corrective action. § 2.1.6 Subcontractors and Suppliers The Construction Manager shall develop bidders' interest in the Project. § 2.1.7 The Construction Manager shall prepare, for the Architect's review and the Owner's acceptance, a procurement schedule for items that must be ordered well in advance of construction. The Construction Manager shall expedite and coordinate the ordering and delivery of materials that must be ordered well in advance of construction. If the Owner agrees to procure any items prior to the establishment of the Guaranteed Maximum Price, the Owner shall procure the items on terms and conditions acceptable to the Construction Manager. Upon the MA Document A133"'—2069(formerly A121I CINc-2003).Copyright 0 1991,2003 and 2009 by The American Institute or Architects.All rights reserved. Init. WARNING:This Ale Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA' 4 Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:22:13 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1278372973) establishment of the Guaranteed Maximum Price,the Owner shall assign all contracts for these items to the Construction Manager and the Construction Manager shall thereafter accept responsibility for them. § 2.1.8 Extent of Responsibility The Construction Manager shall exercise reasonable care in preparing schedules and estimates. The Construction Manager,however, does not warrant or guarantee estimates and schedules except as may be included as part of the Guaranteed Maximum Price. The Construction Manager is not required to ascertain that the Drawings and Specifications are in accordance with applicable laws, statutes, ordinances,codes,rules and regulations, or lawful orders of public authorities,but the Construction Manager shall promptly report to the Architect and Owner any nonconformity discovered by or made known to the Construction Manager as a request for information in such form as the Architect may require. § 2.1.9 Notices and Compliance with Laws The Construction Manager shall comply with applicable laws, statutes, ordinances, codes,rules and regulations,and lawful orders of public authorities applicable to its performance under this Contract,and with equal employment opportunity programs,and other programs as may be required by governmental and quasi governmental authorities for inclusion in the Contract Documents. § 2.2 Guaranteed Maximum Price Proposal and Contract Time § 2.2.1 At a time to be mutually agreed upon by the Owner and the Construction Manager and in consultation with the Architect,the Construction Manager shall prepare a Guaranteed Maximum Price proposal for the Owner's review and acceptance.The Guaranteed Maximum Price in the proposal shall be the sum of the Construction Manager's estimate of the Cost of the Work, including contingencies described in Section 2.2.4,and the Construction Manager's Fee. § 2.2.2 To the extent that the Drawings and Specifications are anticipated to require further development by the Architect,the Construction Manager shall provide in the Guaranteed Maximum Price for such further development consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include such things as changes in scope, systems,kinds and quality of materials, finishes or equipment,all of which, if required,shall be incorporated by Change Order. § 2.2.3 The Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement of its basis,which shall include the following: .1 A list of the Drawings and Specifications,including all Addenda thereto, and the Conditions of the Contract; .2 A list of the clarifications and assumptions made by the Construction Manager in the preparation of the Guaranteed Maximum Price proposal, including assumptions under Section 2.2.2,to supplement the information provided by the Owner and contained in the Drawings and Specifications; .3 A statement of the proposed Guaranteed Maximum Price, including a statement of the estimated Cost of the Work organized by trade categories or systems,allowances, contingency, and the Construction Manager's Fee; .4 The anticipated date of Substantial Completion upon which the proposed Guaranteed Maximum Price is based; and .5 A date by which the Owner must accept the Guaranteed Maximum Price. § 2.2.4 In preparing the Construction Manager's Guaranteed Maximum Price proposal,the Construction Manager shall include its contingency for the Construction Manager's exclusive use to cover those costs considered reimbursable as the Cost of the Work but not included in a Change Order. § 2.2.5 The Construction Manager shall meet with the Owner and Architect to review the Guaranteed Maximum Price proposal. In the event that the Owner and Architect discover any inconsistencies or inaccuracies in the information presented,they shall promptly notify the Construction Manager,who shall make appropriate adjustments to the Guaranteed Maximum Price proposal,its basis, or both. § 2.2.6 If the Owner notifies the Construction Manager that the Owner has accepted the Guaranteed Maximum Price proposal in writing before the date specified in the Guaranteed Maximum Price proposal,the Guaranteed Maximum Price proposal shall be deemed effective without further acceptance from the Construction Manager.Following AIA Document A1339.`—2009(formerly A121''CMc—2003).Copyright QS 1991,2003 and 2009 by The American institute of Architects.All rights reserved. Init. WARNING:This AtA-' Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA` 5 Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:22:13 on 07/08/2015 under Order No 3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1278372973) acceptance of a Guaranteed Maximum Price,the Owner and Construction Manager shall execute the Guaranteed Maximum Price Amendment amending this Agreement, a copy of which the Owner shall provide to the Architect. The Guaranteed Maximum Price Amendment shall set forth the agreed upon Guaranteed Maximum Price with the information and assumptions upon which it is based. § 2.2.7 The Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work prior to the commencement of the Construction Phase,unless the Owner provides prior written authorization for such costs. § 2.2.8 The Owner shall authorize the Architect to provide the revisions to the Drawings and Specifications to incorporate the agreed-upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment.The Owner shall promptly furnish those revised Drawings and Specifications to the Construction Manager as they are revised. The Construction Manager shall notify the Owner and Architect of any inconsistencies between the Guaranteed Maximum Price Amendment and the revised Drawings and Specifications. § 2.2.9 The Construction Manager shall include in the Guaranteed Maximum Price all sales, consumer,use and similar taxes for the Work provided by the Construction Manager that are legally enacted,whether or not yet effective, at the time the Guaranteed Maximum Price Amendment is executed. § 2.3 Construction Phase § 2.3.1 General § 2.3.1.1 For purposes of Section 8.1.2 of A201-2007,the date of commencement of the Work shall mean the date of commencement of the Construction Phase. § 2.3.1.2 The Construction Phase shall commence upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal or the Owner's issuance of a Notice to Proceed,whichever occurs earlier. § 2.3.2 Administration § 2.3.2.1 Those portions of the Work that the Construction Manager does not customarily perform with the Construction Manager's own personnel shall be performed under subcontracts or by other appropriate agreements with the Construction Manager. The Owner may designate specific persons from whom, or entities from which,the Construction Manager shall obtain bids.The Construction Manager shall obtain bids from Subcontractors and from suppliers of materials or equipment fabricated especially for the Work and shall deliver such bids to the Architect. The Owner shall then determine, with the advice of the Construction Manager and the Architect,which bids will be accepted. The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objection. § 2.3.2.2 If the Guaranteed Maximum Price has been established and when a specific bidder(1)is recommended to the Owner by the Construction Manager,(2)is qualified to perform that portion of the Work,and(3)has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions,but the Owner requires that another bid be accepted,then the Construction Manager may require that a Change Order be issued to adjust the Contract Time and the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager and the amount and time requirement of the subcontract or other agreement actually signed with the person or entity designated by the Owner. § 2.3.2.3 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement, and shall not be awarded on the basis of cost plus a fee without the prior consent of the Owner. If the Subcontract is awarded on a cost-plus a fee basis,the Construction Manager shall provide in the Subcontract for the Owner to receive the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Construction Manager in Section 6.11 below. § 2.3.2.4 If the Construction Manager recommends a specific bidder that may be considered a "related party" according to Section 6.10,then the Construction Manager shall promptly notify the Owner in writing of such relationship and notify the Owner of the specific nature of the contemplated transaction,according to Section 6.10.2. § 2.3.2.5 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures, progress, coordination, scheduling,and status of the Work. The Construction Manager shall prepare and promptly distribute minutes to the Owner and Architect. AIA Document AIM"'—2009(formerly A121""CMc—2003).Copyright 1991,2003 and 2009 by The American Institute of Architects.All rights reserved. Init. WARNING:This Ale Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale 6 Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:22:13 on 07/08/2015 under Order No 3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1278372973) § 2.3.2.6 Upon the execution of the Guaranteed Maximum Price Amendment,the Construction Manager shall prepare and submit to the Owner and Architect a construction schedule for the Work and submittal schedule in accordance with Section 3.10 of A201-2007. § 2.3.2.7 The Construction Manager shall record the progress of the Project. On a monthly basis, or otherwise as agreed to by the Owner,the Construction Manager shall submit written progress reports to the Owner and Architect, showing percentages of completion and other information required by the Owner.The Construction Manager shall also keep,and make available to the Owner and Architect,a daily log containing a record for each day of weather, portions of the Work in progress,number of workers on site,identification of equipment on site,problems that might affect progress of the work, accidents,injuries,and other information required by the Owner. § 2.3.2.8 The Construction Manager shall develop a system of cost control for the Work,including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes.The Construction Manager shall identify variances between actual and estimated costs and report the variances to the Owner and Architect and shall provide this information in its monthly reports to the Owner and Architect,in accordance with Section 2.3.2.7 above. § 2.4 Professional Services Section 3.12.10 of A201-2007 shall apply to both the Preconstruction and Construction Phases. § 2.5 Hazardous Materials Section 10.3 of A201-2007 shall apply to both the Preconstruction and Construction Phases. ARTICLE 3 OWNER'S RESPONSIBILITIES § 3.1 Information and Services Required of the Owner § 3.1.1 The Owner shall provide information with reasonable promptness,regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, constraints,and criteria, including schedule,space requirements and relationships, flexibility and expandability, special equipment, systems sustainability and site requirements. § 3.1.2 Prior to the execution of the Guaranteed Maximum Price Amendment,the Construction Manager may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract. Thereafter,the Construction Manager may only request such evidence if(l)the Owner fails to make payments to the Construction Manager as the Contract Documents require, (2)a change in the Work materially changes the Contract Sum,or(3)the Construction Manager identifies in writing a reasonable concern regarding the Owner's ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the portion of the Work affected by a material change. After the Owner furnishes the evidence,the Owner shall not materially vary such financial arrangements without prior notice to the Construction Manager and Architect. § 3.1.3 The Owner shall establish and periodically update the Owner's budget for the Project, including(1)the budget for the Cost of the Work as defined in Section 6.1.1, (2)the Owner's other costs, and(3)reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work,the Owner shall notify the Construction Manager and Architect.The Owner and the Architect, in consultation with the Construction Manager,shall thereafter agree to a corresponding change in the Project's scope and quality. § 3.1.4 Structural and Environmental Tests,Surveys and Reports.During the Preconstruction Phase,the Owner shall furnish the following information or services with reasonable promptness.The Owner shall also furnish any other information or services under the Owner's control and relevant to the Construction Manager's performance of the Work with reasonable promptness after receiving the Construction Manager's written request for such information or services. The Construction Manager shall be entitled to rely on the accuracy of information and services furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. AiA Document A133'"—2009(formerly A121'mCMc—2003).Copyright*199/.2003 and 2009 by The American Institute of Architects.All rights reserved. Init. WARNING:This Ale Document is protected by U.S.Copyright Law and international Treaties.Unauthorized reproduction or distribution of this AIAe' 7 Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:22:13 on 07/08/2015 under Order No 3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1278372973) § 3.1.4.1 The Owner shall furnish tests,inspections and reports required by law and as otherwise agreed to by the parties, such as structural,mechanical,and chemical tests,tests for air and water pollution, and tests for hazardous materials. § 3.1.4.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site.The surveys and legal information shall include,as applicable,grades and lines of streets,alleys,pavements and adjoining property and structures; designated wetlands; adjacent drainage;rights-of-way,restrictions,easements, encroachments, zoning,deed restrictions,boundaries and contours of the site;locations,dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines,both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 3.1.4.3 The Owner,when such services are requested, shall furnish services of geotechnical engineers,which may include but are not limited to test borings,test pits,determinations of soil bearing values,percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions,with written reports and appropriate recommendations. § 3.1.4.4 During the Construction Phase,the Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner's control and relevant to the Construction Manager's performance of the Work with reasonable promptness after receiving the Construction Manager's written request for such information or services. § 3.2 Owner's Designated Representative The Owner shall identify a representative authorized to act on behalf of the Owner with respect to the Project. The Owner's representative shall render decisions promptly and furnish information expeditiously, so as to avoid unreasonable delay in the services or Work of the Construction Manager.Except as otherwise provided in Section 4.2.1 of A201-2007,the Architect does not have such authority. The term "Owner"means the Owner or the Owner's authorized representative. § 3.2.1 Legal Requirements.The Owner shall furnish all legal,insurance and accounting services, including auditing services,that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 3.3 Architect , The Owner shall retain an Architect to provide services, duties and responsibilities as described in AIA Document Bl03TM-2007, Standard Form of Agreement Between Owner and Architect,including any additional services requested by the Construction Manager that are necessary for the Preconstruction and Construction Phase services under this Agreement. The Owner shall provide the Construction Manager a copy of the executed agreement between the Owner and the Architect,and any further modifications to the agreement. ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES § 4.1 Compensation § 4.1.1 For the Construction Manager's Preconstruction Phase services,the Owner shall compensate the Construction Manager as follows: § 4.1.2 For the Construction Manager's Preconstruction Phase services described in Sections 2.1 and 2.2: (Insert amount of or basis for, compensation and include a list of reimbursable cost items, as applicable.) Fee for preconstruction services will be$0.00. This preconstruction fee includes all work necessary to complete all preconstruction services per the terms of this contract,including the bidding process of all required quote packages. Also included is the review and qualification of received bids and subsequent recommendations to the city council for award of each quote category. § 4.1.3 If the Preconstruction Phase services covered by this Agreement have not been completed within ( ) months of the date of this Agreement,through no fault of the Construction Manager,the Construction Manager's compensation for Preconstruction Phase services shall be equitably adjusted. AIA Document A133' —2009(formerly A121 r"CMc—2003).Copyright®1991,2003 and 2009 by The American Institute of Architects.All rights reserved. Init. WARNING:This AIA Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or dlstr}bution of this AlAe 8 Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:22:13 on 07/08/2015 under Order No 3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1278372973) § 4.1.4 Compensation based on Direct Personnel Expense includes the direct salaries of the Construction Manager's personnel providing Preconstruction Phase services on the Project and the Construction Manager's costs for the mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave,holidays,vacations,employee retirement plans and similar contributions. § 4.2 Payments § 4.2.1 Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed. § 4.2.2 Payments are due and payable upon presentation of the Construction Manager's invoice. Amounts unpaid sixty (60)days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Construction Manager. (Insert rate of monthly or annual interest agreed upon.) 12 %per arum ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES § 5.1 For the Construction Manager's performance of the Work as described in Section 2.3,the Owner shall pay the Construction Manager the Contract Sum in current funds for the Construction Manager's performance of the Contract. The Contract Sum is the Cost of the Work as defined in Section 6.1.1 plus the Construction Manager's Fee. § 5.1.1 The Construction Manager's Fee: (State a lump sum,percentage of Cast of the Work or other provision for determining the Construction Manager's Fee.) The construction management fee will be 0%. § 5.1.2 The method of adjustment of the Construction Manager's Fee for changes in the Work: IAny owner directed scope change will be performed at a fee percentage of 0%. § 5.1.3 Limitations,if any, on a Subcontractor's overhead and profit for increases in the cost of its portion of the Work: Limits on subcontractors overhead and profit will be as stated in the specifications of the contract documents. § 5.1.4 Rental rates for Construction Manager-owned equipment shall not exceed seventy five percent(75 %)of the standard rate paid at the place of the Project. § 5.1.5 Unit prices, if any: (Identify and state the unit price;state the quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price per Unit($0.00) I NA § 5.2 Guaranteed Maximum Price § 5.2.1 The Construction Manager guarantees that the Contract Sum shall not exceed the Guaranteed Maximum Price set forth in the Guaranteed Maximum Price Amendment,as it is amended from time to time. To the extent the Cost of the Work exceeds the Guaranteed Maximum Price,the Construction Manager shall bear such costs in excess of the Guaranteed Maximum Price without reimbursement or additional compensation from the Owner. (Insert specific provisions if the Construction Manager is to participate in any savings.) IContractor will not participate in any savings. All project savings will be returned 100%to the owner. § 5.2.2 The Guaranteed Maximum Price is subject to additions and deductions by Change Order as provided in the Contract Documents and the Date of Substantial Completion shall be subject to adjustment as provided in the Contract Documents. MA Document A133T"—2009(formerly Al2t"'CNIC-2003).Copyright el 1991,2003 and 2009 by The American Institute of Architects.All rights reserved. Init. WARNING:This AlA" Do‘:uwnent is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AlA'' 9 Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. t This document was produced by AIA software at 08:22:13 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1278372973) § 5.3 Changes in the Work § 5.3.1 The Owner may,without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions,deletions or other revisions. The Owner shall issue such changes in writing.The Architect may make minor changes in the Work as provided in Section 7.4 of AIA Document A201-2007, General Conditions of the Contract for Construction.The Construction Manager shall be entitled to an equitable adjustment in the Contract Time as a result of changes in the Work. § 5.3.2 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution of the Guaranteed Maximum Price Amendment may be determined by any of the methods listed in Section 7.3.3 of AIA Document A201-2007,General Conditions of the Contract for Construction. § 5.3.3 In calculating adjustments to subcontracts(except those awarded with the Owner's prior consent on the basis of cost plus a fee),the terms"cost" and"fee" as used in Section 7.3.3.3 of AIA Document A201-2007 and the term "costs" as used in Section 7.3.7 of AIA Document A201-2007 shall have the meanings assigned to them in AIA Document A201-2007 and shall not be modified by Sections 5.1 and 5.2,Sections 6.1 through 6.7,and Section 6.8 of this Agreement. Adjustments to subcontracts awarded with the Owner's prior consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those subcontracts. § 5.3.4 In calculating adjustments to the Guaranteed Maximum Price,the terms "cost" and"costs" as used in the above-referenced provisions of AIA Document A201-2007 shall mean the Cost of the Work as defined in Sections 6.1 to 6.7 of this Agreement and the term "fee" shall mean the Construction Manager's Fee as defined in Section 5.1 of this Agreement. § 5.3.5 If no specific provision is made in Section 5.1.2 for adjustment of the Construction Manager's Fee in the case of changes in the Work, or if the extent of such changes is such,in the aggregate,that application of the adjustment provisions of Section 5.1.2 will cause substantial inequity to the Owner or Construction Manager,the Construction Manager's Fee shall be equitably adjusted on the same basis that was used to establish the Fee for the original Work,and the Guaranteed Maximum Price shall be adjusted accordingly. ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE § 6.1 Costs to Be Reimbursed § 6.1.1 The term Cost of the Work shall mean costs necessarily incurred by the Construction Manager in the proper performance of the Work. Such costs shall be at rates not higher than the standard paid at the place of the Project except with prior consent of the Owner. The Cost of the Work shall include only the items set forth in Sections 6.1 through 6.7. § 6.1.2 Where any cost is subject to the Owner's prior approval,the Construction Manager shall obtain this approval prior to incurring the cost. The parties shall endeavor to identify any such costs prior to executing Guaranteed Maximum Price Amendment. § 6.2 Labor Costs § 6.2.1 Wages of construction workers directly employed by the Construction Manager to perform the construction of the Work at the site or,with the Owner's prior approval,at off-site workshops. 1 § 6.2.2 Wages or salaries of the Construction Manager's supervisory and administrative personnel when stationed at the site or at the construction manager's principal corporate office. (If it is intended that the wages or salaries of certain personnel stationed at the Construction Manager's principal or other offices shall be included in the Cost of the Work,identify in Section 11.5,the personnel to be included, whether for all or only part of their time,and the rates at which their time will be charged to the Work.) § 6.2.3 Wages and salaries of the Construction Manager's supervisory or administrative personnel engaged at factories,workshops or on the road,in expediting the production or transportation of materials or equipment required for the Work,but only for that portion of their time required for the Work. § 6.2.4 Costs paid or incurred by the Construction Manager for taxes,insurance, contributions,assessments and benefits required by law or collective bargaining agreements and,for personnel not covered by such agreements, Init. AIA Document A133"'—2009(formerly A121 TMCMc—2003).Copyright©1991,2003 and 2009 by The American Institute of Architects.All rights reserved A'WARNING:This AI Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale' 10 Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the;aw. i This document was produced by AIA software at 08:22:13 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1278372973) customary benefits such as sick leave,medical and health benefits,holidays,vacations and pensions,provided such costs are based on wages and salaries included in the Cost of the Work under Sections 6.2.1 through 6.2.3. § 6.2.5 Bonuses,profit sharing, incentive compensation and any other discretionary payments paid to anyone hired by the Construction Manager or paid to any Subcontractor or vendor,with the Owner's prior approval. § 6.3 Subcontract Costs Payments made by the Construction Manager to Subcontractors in accordance with the requirements of the subcontracts. § 6.4 Costs of Materials and Equipment Incorporated in the Completed Construction § 6.4.1 Costs, including transportation and storage,of materials and equipment incorporated or to be incorporated in the completed construction. § 6.4.2 Costs of materials described in the preceding Section 6.4.1 in excess of those actually installed to allow for reasonable waste and spoilage.Unused excess materials,if any, shall become the Owner's property at the completion of the Work or, at the Owner's option,shall be sold by the Construction Manager. Any amounts realized from such sales shall be credited to the Owner as a deduction from the Cost of the Work. § 6.5 Costs of Other Materials and Equipment, Temporary Facilities and Related Items § 6.5.1 Costs of transportation, storage,installation,maintenance, dismantling and removal of materials, supplies, temporary facilities,machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site and fully consumed in the performance of the Work. Costs of materials, supplies,temporary facilities,machinery, equipment and tools that are not fully consumed shall be based on the cost or value of the item at the time it is first used on the Project site less the value of the item when it is no longer used at the Project site. Costs for items not fully consumed by the Construction Manager shall mean fair market value. § 6.5.2 Rental charges for temporary facilities,machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site and costs of transportation, installation,minor repairs, dismantling and removal.The total rental cost of any Construction Manager-owned item may not exceed the purchase price of any comparable item.Rates of Construction Manager-owned equipment and quantities of equipment shall be subject to the Owner's prior approval. § 6.5.3 Costs of removal of debris from the site of the Work and its proper and legal disposal. § 6.5.4 Costs of document reproductions,facsimile transmissions and long-distance telephone calls,postage and parcel delivery charges,telephone service at the site and reasonable petty cash expenses of the site office. § 6.5.5 That portion of the reasonable expenses of the Construction Manager's supervisory or administrative personnel incurred while traveling in discharge of duties connected with the Work. § 6.5.6 Costs of materials and equipment suitably stored off the site at a mutually acceptable location,subject to the Owner's prior approval. § 6.6 Miscellaneous Costs § 6.6.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract. Self-insurance for either full or partial amounts of the coverages required by the Contract Documents, with the Owner's prior approval. § 6.6.2 Sales,use or similar taxes imposed by a governmental authority that are related to the Work and for which the Construction Manager is liable. § 6.6.3 Fees and assessments for the building permit and for other permits, licenses and inspections for which the Construction Manager is required by the Contract Documents to pay. AIA Document A133TM—2009(formerly A121'"CMc—2003).Copyright©1991,2003 and 2009 by The American Institute of Architects.All rights reserved. Init. WARNING-This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Me Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:22:13 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1278372973) § 6.6.4 Fees of laboratories for tests required by the Contract Documents, except those related to defective or nonconforming Work for which reimbursement is excluded by Section 13.5.3 of AIA Document A201-2007 or by other provisions of the Contract Documents, and which do not fall within the scope of Section 6.7.3. § 6.6.5 Royalties and license fees paid for the use of a particular design,process or product required by the Contract Documents;the cost of defending suits or claims for infringement of patent rights arising from such requirement of the Contract Documents;and payments made in accordance with legal judgments against the Construction Manager resulting from such suits or claims and payments of settlements made with the Owner's consent. However, such costs of legal defenses,judgments and settlements shall not be included in the calculation of the Construction Manager's Fee or subject to the Guaranteed Maximum Price.If such royalties, fees and costs are excluded by the last sentence of Section 3.17 of AIA Document A201-2007 or other provisions of the Contract Documents,then they shall not be included in the Cost of the Work. § 6.6.6 Costs for electronic equipment and software, directly related to the Work with the Owner's prior approval. § 6.6.7 Deposits lost for causes other than the Construction Manager's negligence or failure to fulfill a specific responsibility in the Contract Documents. § 6.6.8 Legal,mediation and arbitration costs,including attorneys' fees,other than those arising from disputes between the Owner and Construction Manager,reasonably incurred by the Construction Manager after the execution of this Agreement in the performance of the Work and with the Owner's prior approval,which shall not be unreasonably withheld. § 6.6.9 Subject to the Owner's prior approval, expenses incurred in accordance with the Construction Manager's standard written personnel policy for relocation and temporary living allowances of the Construction Manager's personnel required for the Work. § 6.7 Other Costs and Emergencies § 6.7.1 Other costs incurred in the performance of the Work if, and to the extent,approved in advance in writing by the Owner. § 6.7.2 Costs incurred in taking action to prevent threatened damage,injury or loss in case of an emergency affecting the safety of persons and property, as provided in Section 10.4 of AIA Document A201-2007. § 6.7.3 Costs of repairing or correcting damaged or nonconforming Work executed by the Construction Manager, Subcontractors or suppliers, provided that such damaged or nonconforming Work was not caused by negligence or failure to fulfill a specific responsibility of the Construction Manager and only to the extent that the cost of repair or correction is not recovered by the Construction Manager from insurance,sureties, Subcontractors, suppliers,or others. § 6.7.4 The costs described in Sections 6.1 through 6.7 shall be included in the Cost of the Work,notwithstanding any provision of AIA Document A201-2007 or other Conditions of the Contract which may require the Construction Manager to pay such costs, unless such costs are excluded by the provisions of Section 6.8. § 6.8 Costs Not To Be Reimbursed § 6.8.1 The Cost of the Work shall not include the items listed below: .1 Salaries and other compensation of the Construction Manager's personnel stationed at the Construction Manager's principal office or offices other than the site office, except as specifically provided in Section 6.2, or as may be provided in Article 11; .2 Expenses of the Construction Manager's principal office and offices other than the site office; .3 Overhead and general expenses, except as may be expressly included in Sections 6.1 to 6.7; .4 The Construction Manager's capital expenses, including interest on the Construction Manager's capital employed for the Work; .5 Except as provided in Section 6.7.3 of this Agreement,costs due to the negligence or failure of the Construction Manager, Subcontractors and suppliers or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable to fulfill a specific responsibility of the Contract; .6 Any cost not specifically and expressly described in Sections 6.1 to 6.7; AIA Document A133",—2009(formerly A121TMCMc—2003).Copyright®1991,2003 and 2009 by The American Institute of Architects.All rights reserved. Init. WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA" 12 Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:22:13 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1278372973) .7 Costs, other than costs included in Change Orders approved by the Owner,that would cause the Guaranteed Maximum Price to be exceeded; and .8 Costs for services incurred during the Preconstruction Phase. § 6.9 Discounts, Rebates and Refunds § 6.9.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if(1) before making the payment,the Construction Manager included them in an Application for Payment and received payment from the Owner, or(2)the Owner has deposited funds with the Construction Manager with which to make payments; otherwise, cash discounts shall accrue to the Construction Manager. Trade discounts,rebates,refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner,and the Construction Manager shall make provisions so that they can be obtained. § 6.9.2 Amounts that accrue to the Owner in accordance with the provisions of Section 6.9.1 shall be credited to the Owner as a deduction from the Cost of the Work. § 6.10 Related Party Transactions § 6.10.1 For purposes of Section 6.10,the term "related party" shall mean a parent, subsidiary, affiliate or other entity having common ownership or management with the Construction Manager; any entity in which any stockholder in,or management employee of,the Construction Manager owns any interest in excess of ten percent in the aggregate;or any person or entity which has the right to control the business or affairs of the Construction Manager. The term "related party" includes any member of the immediate family of any person identified above. § 6.10.2 If any of the costs to be reimbursed arise from a transaction between the Construction Manager and a related party,the Construction Manager shall notify the Owner of the specific nature of the contemplated transaction,including the identity of the related party and the anticipated cost to be incurred,before any such transaction is consummated or cost incurred. If the Owner,after such notification,authorizes the proposed transaction,then the cost incurred shall be included as a cost to be reimbursed, and the Construction Manager shall procure the Work, equipment,goods or service from the related party, as a Subcontractor,according to the terms of Sections 2.3.2.1,2.3.2.2 and 2.3.2.3. If the Owner fails to authorize the transaction,the Construction Manager shall procure the Work, equipment,goods or service from some person or entity other than a related party according to the terms of Sections 2.3.2.1,2.3.2.2 and 2.3.2.3. § 6.11 Accounting Records The Construction Manager shall keep full and detailed records and accounts related to the cost of the Work and exercise such controls as may be necessary for proper financial management under this Contract and to substantiate all costs incurred. The accounting and control systems shall be satisfactory to the Owner.The Owner and the Owner's auditors shall,during regular business hours and upon reasonable notice, be afforded access to, and shall be permitted to audit and copy,the Construction Manager's records and accounts, including complete documentation supporting accounting entries, books, correspondence, instructions,drawings,receipts,subcontracts, Subcontractor's proposals,purchase orders,vouchers,memoranda and other data relating to this Contract.The Construction Manager shall preserve these records for a period of three years after final payment, or for such longer period as may be required by law. ARTICLE 7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES § 7.1 Progress Payments § 7.1.1 Based upon Applications for Payment submitted to the Architect by the Construction Manager and Certificates for Payment issued by the Architect,the Owner shall make progress payments on account of the Contract Sum to the Construction Manager as provided below and elsewhere in the Contract Documents. § 7.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 7.1.3 Provided that an Application for Payment is received by the Architect not later than the 10th day of a month,the Owner shall make payment of the certified amount to the Construction Manager not later than the last day of the same month. If an Application for Payment is received by the Architect after the application date fixed AlA Document A133i'—2009(formerly A121 TvCMc—2003).Copyright 01991,2003 and 2009 by The American Institute of Architects.All rights reserved. Init. WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA'`0 13 Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. i This document was produced by AIA software at 08:22:13 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1278372973) above,payment shall be made by the Owner not later than thirty (30 )days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 7.1.4 With each Application for Payment,the Construction Manager shall submit payrolls,petty cash accounts, receipted invoices or invoices with check vouchers attached,and any other evidence required by the Owner or Architect to demonstrate that cash disbursements already made by the Construction Manager on account of the Cost of the Work equal or exceed progress payments already received by the Construction Manager,less that portion of those payments attributable to the Construction Manager's Fee,plus payrolls for the period covered by the present Application for Payment. § 7.1.5 Each Application for Payment shall be based on the most recent schedule of values submitted by the Construction Manager in accordance with the Contract Documents.The schedule of values shall allocate the entire Guaranteed Maximum Price among the various portions of the Work,except that the Construction Manager's Fee shall be shown as a single separate item. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require.This schedule,unless objected to by the Architect, shall be used as a basis for reviewing the Construction Manager's Applications for Payment. § 7.1.6 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of(l)the percentage of that portion of the Work which has actually been completed,or(2)the percentage obtained by dividing(a)the expense that has actually been incurred by the Construction Manager on account of that portion of the Work for which the Construction Manager has made or intends to make actual payment prior to the next Application for Payment by(b)the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. § 7.1.7 Subject to other provisions of the Contract Documents,the amount of each progress payment shall be computed as follows: .1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. Pending final determination of cost to the Owner of changes in the Work,amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201-2007; .2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work,or if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing; .3 Add the Construction Manager's Fee, less retainage of five percent( 5%).The Construction Manager's Fee shall be computed upon the Cost of the Work at the rate stated in Section 5.1 or,if the Construction Manager's Fee is stated as a fixed sum in that Section, shall be an amount that bears the same ratio to that fixed-sum fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion; .4 Subtract retainage of five percent(5 %)from that portion of the Work that the Construction Manager self-performs; .5 Subtract the aggregate of previous payments made by the Owner; .6 Subtract the shortfall, if any, indicated by the Construction Manager in the documentation required by Section 7.1.4 to substantiate prior Applications for Payment,or resulting from errors subsequently discovered by the Owner's auditors in such documentation;and .7 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-2007. § 7.1.8 The Owner and Construction Manager shall agree upon (1)a mutually acceptable procedure for review and approval of payments to Subcontractors and(2)the percentage of retainage held on Subcontracts,and the Construction Manager shall execute subcontracts in accordance with those agreements. § 7.1.9 Except with the Owner's prior approval,the Construction Manager shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. AIA Document Al33"'—2009(formerly A121""CMc—2003).Copyright 0 1991,2003 and 2009 by The American Institute of Architects.All rights reserved. Init. WARNING:This AIA" Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAe 14 Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. / This document was produced by AIA software at 08:22:13 on 07/08/2015 under Order No 3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1278372973) § 7.1.10 In taking action on the Construction Manager's Applications for Payment,the Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Construction Manager and shall not be deemed to represent that the Architect has made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Section 7.1.4 or other supporting data;that the Architect has made exhaustive or continuous on-site inspections;or that the Architect has made examinations to ascertain how or for what purposes the Construction Manager has used amounts previously paid on account of the Contract. Such examinations,audits and verifications,if required by the Owner,will be performed by the Owner's auditors acting in the sole interest of the Owner. § 7.2 Final Payment § 7.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Construction Manager when .1 the Construction Manager has fully performed the Contract except for the Construction Manager's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-2007,and to satisfy other requirements,if any, which extend beyond final payment; .2 the Construction Manager has submitted a final accounting for the Cost of the Work and a final Application for Payment; and .3 a final Certificate for Payment has been issued by the Architect. The Owner's final payment to the Construction Manager shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment,or as follows: § 7.2.2 The Owner's auditors will review and report in writing on the Construction Manager's final accounting within 30 days after delivery of the final accounting to the Architect by the Construction Manager. Based upon such Cost of the Work as the Owner's auditors report to be substantiated by the Construction Manager's final accounting, and provided the other conditions of Section 7.2.1 have been met,the Architect will,within seven days after receipt of the written report of the Owner's auditors,either issue to the Owner a final Certificate for Payment with a copy to the Construction Manager,or notify the Construction Manager and Owner in writing of the Architect's reasons for withholding a certificate as provided in Section 9.5.1 of the AIA Document A201-2007.The time periods stated in this Section supersede those stated in Section 9.4.1 of the AIA Document A201-2007.The Architect is not responsible for verifying the accuracy of the Construction Manager's final accounting. § 7.2.3 If the Owner's auditors report the Cost of the Work as substantiated by the Construction Manager's final accounting to be less than claimed by the Construction Manager,the Construction Manager shall be entitled to request mediation of the disputed amount without seeking an initial decision pursuant to Section 15.2 of A201-2007. A request for mediation shall be made by the Construction Manager within 30 days after the Construction Manager's receipt of a copy of the Architect's final Certificate for Payment. Failure to request mediation within this 30-day period shall result in the substantiated amount reported by the Owner's auditors becoming binding on the Construction Manager. Pending a final resolution of the disputed amount,the Owner shall pay the Construction Manager the amount certified in the Architect's final Certificate for Payment. § 7.2.4 If, subsequent to final payment and at the Owner's request,the Construction Manager incurs costs described in Section 6.1.1 and not excluded by Section 6.8 to correct defective or nonconforming Work,the Owner shall reimburse the Construction Manager such costs and the Construction Manager's Fee applicable thereto on the same basis as if such costs had been incurred prior to final payment,but not in excess of the Guaranteed Maximum Price. If the Construction Manager has participated in savings as provided in Section 5.2.1,the amount of such savings shall be recalculated and appropriate credit given to the Owner in determining the net amount to be paid by the Owner to the Construction Manager. ARTICLE 8 INSURANCE AND BONDS For all phases of the Project,the Construction Manager and the Owner shall purchase and maintain insurance,and the Construction Manager shall provide bonds as set forth in Article 11 of AIA Document A201-2007. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 of AIA Document A201-2007.) AIA Document A133"'—20119(formerly A121'CMc—2003).Copyright 0 1991,2003 and 2009 by The American Institute of Architects.All rights reserved. Init. WARNING;This AlA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale 15 Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:22:13 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1278372973) Type of Insurance or Bond Limit of Liability or Bond Amount($0.00) -Payment and Performance Bond -RJM General Liability insurance policy -Builders Risk policy to be provided by contractor ARTICLE 9 DISPUTE RESOLUTION § 9.1 Any Claim between the Owner and Construction Manager shall be resolved in accordance with the provisions set forth in this Article 9 and Article 15 of A201-2007.However,for Claims arising from or relating to the Construction Manager's Preconstruction Phase services,no decision by the Initial Decision Maker shall be required as a condition precedent to mediation or binding dispute resolution, and Section 9.3 of this Agreement shall not apply. § 9.2 For any Claim subject to,but not resolved by mediation pursuant to Section 15.3 of AIA Document A201-2007,the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Construction Manager do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction) [ ] Arbitration pursuant to Section 15.4 of AIA Document A201-2007 [ X] Litigation in a court of competent jurisdiction [ ] Other: (Specify) § 9.3 Initial Decision Maker The Architect will serve as the Initial Decision Maker pursuant to Section 15.2 of AIA Document A201-2007 for Claims arising from or relating to the Construction Manager's Construction Phase services,unless the parties appoint below another individual,not a party to the Agreement,to serve as the Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) ARTICLE 10 TERMINATION OR SUSPENSION § 10.1 Termination Prior to Establishment of the Guaranteed Maximum Price § 10.1.1 Prior to the execution of the Guaranteed Maximum Price Amendment,the Owner may terminate this Agreement upon not less than seven days' written notice to the Construction Manager for the Owner's convenience and without cause,and the Construction Manager may terminate this Agreement,upon not less than seven days' written notice to the Owner,for the reasons set forth in Section 14.1.1 of A201-2007. § 10.1.2 In the event of termination of this Agreement pursuant to Section 10.1.1,the Construction Manager shall be equitably compensated for Preconstruction Phase services performed prior to receipt of a notice of termination. In no event shall the Construction Manager's compensation under this Section exceed the compensation set forth in Section 4.1. § 10.1.3 If the Owner terminates the Contract pursuant to Section 10.1.1 after the commencement of the Construction Phase but prior to the execution of the Guaranteed Maximum Price Amendment,the Owner shall pay to the Construction Manager an amount calculated as follows,which amount shall be in addition to any compensation paid to the Construction Manager under Section 10.1.2: .1 Take the Cost of the Work incurred by the Construction Manager to the date of termination; .2 Add the Construction Manager's Fee computed upon the Cost of the Work to the date of termination at the rate stated in Section 5.1 or,if the Construction Manager's Fee is stated as a fixed sum in that AMA Document AI33TM—2009(formerly A121 T"CII/c—20033.Copyright 01991,2003 and 2009 by The American Institute of Architects.MI rights reserved. Init. WARNING' This.AIA" Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of thls Ale 16 Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:22:13 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1278372973) Section,an amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; and .3 Subtract the aggregate of previous payments made by the Owner for Construction Phase services. The Owner shall also pay the Construction Manager fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Construction Manager which the Owner elects to retain and which is not otherwise included in the Cost of the Work under Section 10.1.3.1. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders(including rental agreements),the Construction Manager shall, as a condition of receiving the payments referred to in this Article 10, execute and deliver all such papers and take all such steps,including the legal assignment of such subcontracts and other contractual rights of the Construction Manager,as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager under such subcontracts or purchase orders.All Subcontracts,purchase orders and rental agreements entered into by the Construction Manager will contain provisions allowing for assignment to the Owner as described above. If the Owner accepts assignment of subcontracts, purchase orders or rental agreements as described above,the Owner will reimburse or indemnify the Construction Manager for all costs arising under the subcontract,purchase order or rental agreement,if those costs would have been reimbursable as Cost of the Work if the contract had not been terminated. If the Owner chooses not to accept assignment of any subcontract,purchase order or rental agreement that would have constituted a Cost of the Work had this agreement not been terminated,the Construction Manager will terminate the subcontract,purchase order or rental agreement and the Owner will pay the Construction Manager the costs necessarily incurred by the Construction Manager because of such termination. § 10.2 Termination Subsequent to Establishing Guaranteed Maximum Price Following execution of the Guaranteed Maximum Price Amendment and subject to the provisions of Section 10.2.1 and 10.2.2 below,the Contract may be terminated as provided in Article 14 of AIA Document A201-2007. § 10.2.1 If the Owner terminates the Contract after execution of the Guaranteed Price Amendment,the amount payable to the Construction Manager pursuant to Sections 14.2 and 14.4 of A201-2007 shall not exceed the amount the Construction Manager would otherwise have received pursuant to Sections 10.1.2 and 10.1.3 of this Agreement. § 10.2.2 If the Construction Manager terminates the Contract after execution of the Guaranteed Maximum Price Amendment,the amount payable to the Construction Manager under Section 14.1.3 of A201-2007 shall not exceed the amount the Construction Manager would otherwise have received under Sections 10.1.2 and 10.1.3 above, except that the Construction Manager's Fee shall be calculated as if the Work had been fully completed by the Construction Manager,utilizing as necessary a reasonable estimate of the Cost of the Work for Work not actually completed. § 10.3 Suspension The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2007.In such case, the Guaranteed Maximum Price and Contract Time shall be increased as provided in Section 14.3.2 of AIA Document A201-2007, except that the term "profit" shall be understood to mean the Construction Manager's Fee as described in Sections 5.1 and 5.3.5 of this Agreement. ARTICLE 11 MISCELLANEOUS PROVISIONS § 11.1 Terms in this Agreement shall have the same meaning as those in A201-2007. § 11.2 Ownership and Use of Documents Section 1.5 of A201-2007 shall apply to both the Preconstruction and Construction Phases. § 11.3 Governing Law Section 13.1 of A201-2007 shall apply to both the Preconstruction and Construction Phases. § 11.4 Assignment The Owner and Construction Manager,respectively, bind themselves,their agents,successors,assigns and legal representatives to this Agreement.Neither the Owner nor the Construction Manager shall assign this Agreement AIA Document A133�e—2009(formerly A121 T"CMc—2003).Copyright'i 1991,2003 and 2009 by The American institute of Architects.All rights reserved. Init. WARNING;This AlA Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AlA' 17 Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:22:13 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1278372973) without the written consent of the other,except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. Except as provided in Section 13.2.2 of A201-2007,neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent,that party shall nevertheless remain legally responsible for all obligations under the Contract. § 11.5 Other provisions: RJM labor for work performed whether on the project site or at the principle corporate office will be billed for reimbursement at the following hourly rates: Project Executive $105.40 General Superintendent $ 94.90 Superintendent $ 83.90 Project Manager $ 95.40 Project Engineer $ 65.07 Safety Director $ 95.40 Carpenter $ 70.28 Laborer Foreman $ 71.12 Laborer $ 67.17 ARTICLE 12 SCOPE OF THE AGREEMENT § 12.1 This Agreement represents the entire and integrated agreement between the Owner and the Construction Manager and supersedes all prior negotiations,representations or agreements,either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Construction Manager. § 12.2 The following documents comprise the Agreement: .1 AIA Document A133-2009, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price .2 AIA Document A201-2007,General Conditions of the Contract for Construction .3 AIA Document E201TM-2007,Digital Data Protocol Exhibit,if completed, or the following: .4 AIA Document E202TM-2008,Building Information Modeling Protocol Exhibit,if completed,or the following: .5 Other documents: (List other documents, if any,forming part of the Agreement) 1 Supplemental Conditions to the AIA Document A201-2007,General Con ion•of the contract for construction,attached as Exhibit A This Agreement is entered into as of the day and year first written above. OWNER(Signature) NSTR ON MANAGER(Signature) Brian Recker, Senior Vice President (Printed name and title) (Printed name and title) AIA Document A133°1—2009(formerly A121'"CMc—2003).Copyright ID 1991,2003 and 2009 by The American Institute of Architects.AU rights reserved. Init. WARNING:This AlAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA°' 1 8 Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:22:13 on 07/08/2015 under Order No 3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1278372973) Additions and Deletions Report for AIA Document A 133TM— 2009 This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added to the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from the original AIA text.Added text is shown underlined.Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document.This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 08:22:13 on 07/08/2015. PAGE 1 AGREEMENT made as of the Seventh day of July in the year Two Thousand Fifteen City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 RJM Construction, LLC 701 Washington Avenue North Minneauolis,MN 55402 Miracle Field Flying Cloud Field Eden Prairie, MN Hansen Thorp Pellinen Olson, Inc. 7510 Market Place Drive Eden Prairie, MN 55344 Jay Lotthammer City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Brian Recker RJM Construction,LLC 701 Washington Avenue North Minneapolis,MN 55402 PAGE 2 Additions and Deletions Report for AIA Document A133T°—2009(formerly A121'MChhc—2003).Copyright©1991,2003 and 2009 by The American In5ulUle of Architects.All rights reserved.WARNING:This A1AM Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA" Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 08:22:13 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1278372973) Laurie Johnson Hansen Thorp Pe[linen Olson,Inc. 7510 Market Place Drive Eden Prairie,MN 55344 PAGE 3 12 SCOPE OF THE AGREEMENT €X1-{IBIT A -GUARANTEED-MAXIMUM PRICE AMENDMENT PAGE 4 § 2.1.5.1 Based on the preliminary design and other design criteria prepared by the Architect,the Construction Manager shall prepare preliminary estimates of the Cost of the Work or the cost of program requirements using area, volume or similar conceptual estimating techniques for the Architect's review and Owner's approval. If the Architect or Construction Manager suggests suggest alternative materials and systems,the Construction Manager shall provide cost evaluations of those alternative materials and systems. PAGE 6 § 2.2.8 The Owner shall authorize the Architect to provide the revisions to the Drawings and Specifications to incorporate the agreed-upowagrccd-upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment. The Owner shall promptly furnish those revised Drawings and Specifications to the Construction Manager as they are revised. The Construction Manager shall notify the Owner and Architect of any inconsistencies between the Guaranteed Maximum Price Amendment and the revised Drawings and Specifications. § 2.3.2.3 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement, and shall not be awarded on the basis of cost plus a fee without the prior consent of the Owner. If the Subcontract is awarded on a east-plus-cost-plus a fee basis,the Construction Manager shall provide in the Subcontract for the Owner to receive the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Construction Manager in Section 6.11 below. PAGE 7 § 3.1.1 The Owner shall provide information with reasonable promptness,regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, constraints,and criteria, including schedule,space requirements and relationships,flexibility and expandability, special equipment,stems, systems sustainability and site requirements. PAGE 8 Fee for preconstruction services will be$0.00. This preconstruction fee includes all work necessary to complete all preconstruction services per the terms of this contract,including the bidding process of all required quote packages. Also included is the review and qualification of received bids and subsequent recommendations to the city council for award of each quote category. PAGE 9 § 4.2.2 Payments are due and payable upon presentation of the Construction Manager's invoice. Amounts unpaid sixty (60)days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Construction Manager. Additions and Deletions Report for AIA Document A133'4'—2009(formerly A121 T"CMc—2003).Copyright 1991,2003 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This AlA' Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized 2 reproduction or distribution of this AIA° Document.or any portion of it.may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 08:22:13 on 07/08/2015 under Order No.3299611217.1 which expires on 10/30/2015,and is not for resale. User Notes: (1278372973) 12 %per anum § 5.1 For the Construction Manager's performance of the Work as described in Section 2.3,the Owner shall pay the Construction Manager the Contract Sum in current funds for the Construction Manager's performance of the Contract. The Contract Sum is the Cost of the Work as defined in Section 6.1.1 plus the Construction Manager's Fee. The construction management fee will be 0%. Any owner directed scope change will be performed at a fee percentage of 0%. Limits on subcontractors overhead and profit will be as stated in the specifications of the contract documents. § 5.1.4 Rental rates for Construction Manager-owned equipment shall not exceed seventy five percent(75 %)of the standard rate paid at the place of the Project. NA Contractor will not participate in any savings. All project savings will be returned 100%to the owner. PAGE 10 § 6.2.2 Wages or salaries of the Construction Manager's supervisory and administrative personnel when stationed at the site with the Owner-s pr approyal.or at the construction manager's principal corporate office. PAGE 13 § 7.1.3 Provided that an Application for Payment is received by the Architect not later than the 10th day of a month,the Owner shall make payment of the certified amount to the Construction Manager not later than the last day of the same month. If an Application for Payment is received by the Architect after the application date fixed above,payment shall be made by the Owner not later than thirty (30 )days after the Architect receives the Application for Payment. PAGE 14 .3 Add the Construction Manager's Fee, less retainage of five percent( 5%).The Construction Manager's Fee shall be computed upon the Cost of the Work at the rate stated in Section 5.1 or,if the Construction Manager's Fee is stated as a fixed sum in that Section, shall be an amount that bears the same ratio to that fixed-sum fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion; .4 Subtract retain age of five percent(5 %)from that portion of the Work that the Construction Manager self-performs; PAGE 16 Additions and Deletions Report for AIA Document A133T"—2009(formerly A121"'CMc—2003).Copyrightl2 1991,2003 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document Is protected by U.S.Copyright Law and International Treaties,Unauthorized 3 reproduction or distribution of this AIAC Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 08:22.13 on 07/00/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1278372973) -Payment and Performance Bond -RIM General Liability insurance policy -Builders Risk policy to be provided by contractor [X] Litigation in a court of competent jurisdiction PAGE 17 § 10.2.1 If the Owner terminates the Contract after execution of the Guaranteed Maximum Price Amendment,the amount payable to the Construction Manager pursuant to Sections 14.2 and 14.4 of A201-2007 shall not exceed the amount the Construction Manager would otherwise have received pursuant to Sections 10.1.2 and 10.1.3 of this Agreement. PAGE 18 RIM labor for work performed whether on the project site or at the principle corporate office will be billed for reimbursement at the following hourly rates: Project Executive $105.40 General Superintendent $ 94.90 Superintendent $ 83.90 Project Manager $ 95.40 Project Engineer $ 65.07 Safety Director $ 95.40 Carpenter $ 70.28 Laborer Foreman $ 71.12 Laborer $ 67.17 Supplemental Conditions to the AlA Document A201-2007.General Conditions of the contract for construction,attached as Exhibit A Brian Recker, Senior Vice President Additions and Deletions Report for MA Document A133"'—2009(formerly A121'"CMc—2003).CopynghtC 1991,2003 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 4 reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 08:22:13 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1278372973) Certification of Document's Authenticity AIA® Document D401 TM — 2003 I, Brian Recker,hereby certify,to the best of my knowledge, information and belief,that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 08:22:13 on 07/08/2015 under Order No. 3299611217_1 from AlA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA®Document A133TM—2009, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price,as published by the AIA in its software,other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D401 TM-2003.Copyright©1992 and 2003 by The American Institute of Architects.All rights reserved.WARNING:This AlA® Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AlA® Document,or any portion of it, may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 08:22:13 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1278372973) Li. TM Document A2OITM 2007 General Conditions of the Contract for Construction for the following PROJECT: (Name and location or address) Miracle Field Flying Cloud Field ADDITIONS AND DELETIONS: Eden Prairie, MN The author of this document has added information needed for its THE OWNER: completion.The author may also (Name, legal status and address) have revised the text of the original AIA standard form.An Additions and City of Eden Prairie 8080 Mitchell Road Deletions Report that notes added information as well as revisions to Eden Prairie,MN 55344 the standard form text is available from the author and should be THE ARCHITECT: reviewed.A vertical line in the left (Name, legal status and address) margin of this document indicates Hansen Thorp Pellinen Olson,Inc. where the author has added 7510 Market Place Drive necessary information and where Eden Prairie,MN 55344 the author has added to or deleted from the original AIA text. TABLE OF ARTICLES This document has important legal 1 GENERAL PROVISIONS consequences.Consultation with an attorney is encouraged with respect 2 OWNER to its completion or modification. 3 CONTRACTOR 4 ARCHITECT 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7 CHANGES IN THE WORK 8 TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES AIA Document A201'a—2007.Copyright 01911,1915,1918,1925.1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 1 reproduction or distribution of this AIA' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to t the maximum extent possible under the law.This document was produced by AIA software at 08:22:44 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1429174125) INDEX Architect's Additional Services and Expenses (Topics and numbers in bold are section headings.) 2.4, 11.3.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4 Architect's Administration of the Contract 3.1.3,4.2,3.7.4, 15.2,9.4.1, 9.5 Acceptance of Nonconforming Work Architect's Approvals 9.6.6, 9.9.3, 12.3 2.4, 3.1.3,3.5, 3.10.2,4.2.7 Acceptance of Work Architect's Authority to Reject Work 9.6.6, 9.8.2,9.9.3,9.10.1,9.10.3, 12.3 3.5,4.2.6, 12.1.2, 12.2.1 Access to Work Architect's Copyright 3.16, 6.2.1, 12.1 1.1.7, 1.5 Accident Prevention Architect's Decisions 10 3.7.4,4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,4.2.14,6.3, Acts and Omissions 7.3.7,7.3.9, 8.1.3, 8.3.1,9.2,9.4.1,9.5,9.8.4, 9.9.1, 3.2, 3.3.2,3.12.8, 3.18, 4.2.3, 8.3.1,9.5.1, 10.2.5, 13.5.2, 15.2, 15.3 10.2.8, 13.4.2, 13.7, 14.1, 15.2 Architect's Inspections Addenda 3.7.4,4.2.2,4.2.9,9.4.2,9.8.3, 9.9.2, 9.10.1, 13.5 1.1.1, 3.11 Architect's Instructions Additional Costs, Claims for 3.2.4,3.3.1,4.2.6,4.2.7, 13.5.2 3.7.4, 3.7.5,6.1.1, 7.3.7.5, 10.3, 15.1.4 Architect's Interpretations Additional Inspections and Testing 4.2.11,4.2.12 9.4.2, 9.8.3, 12.2.1, 13.5 Architect's Project Representative Additional Insured 4.2.10 11.1.4 Architect's Relationship with Contractor Additional Time,Claims for 1.1.2, 1.5,3.1.3,3.2.2,3.2.3, 3.2.4,3.3.1,3.4.2,3.5, 3.2.4, 3.7.4,3.7.5,3.10.2, 8.3.2, 15.1.5 3.7.4,3.7.5, 3.9.2,3.9.3,3.10,3.11,3.12,3.16,3.18, Administration of the Contract 4.1.2,4.1.3,4.2,5.2,6.2.2, 7, 8.3.1,9.2,9.3, 9.4, 9.5, 3.1.3,4.2, 9.4,9.5 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3.7, 12, 13.4.2, 13.5, Advertisement or Invitation to Bid 15.2 1.1.1 Architect's Relationship with Subcontractors Aesthetic Effect 1.1.2,4.2.3,4.2.4,4.2.6,9.6.3, 9.6.4, 11.3.7 4.2.13 Architect's Representations Allowances 9.4.2,9.5.1,9.10.1 3.8, 7.3.8 Architect's Site Visits All-risk Insurance 3.7.4,4.2.2,4.2.9,9.4.2,9.5.1,9.9.2, 9.10.1, 13.5 11.3.1, 11.3.1.1 Asbestos Applications for Payment 10.3.1 4.2.5, 7.3.9, 9.2,9.3,9.4,9.5.1,9.6.3,9.7,9.10, Attorneys' Fees 11.1.3 3.18.1,9.10.2, 10.3.3 Approvals Award of Separate Contracts 2.1.1,2.2.2,2.4,3.1.3,3.10.2,3.12.8,3.12.9,3.12.10, 6.1.1,6.1.2 4.2.7, 9.3.2, 13.5.1 Award of Subcontracts and Other Contracts for Arbitration Portions of the Work 8.3.1, 11.3.10, 13.1, 15.3.2, 15.4 5.2 ARCHITECT Basic Definitions 4 1.1 Architect,Definition of Bidding Requirements 4.1.1 1.1.1,5.2.1, 11.4.1 Architect,Extent of Authority Binding Dispute Resolution 2.4, 3.12.7,4.1, 4.2, 5.2, 6.3, 7.1.2, 7.3.7, 7.4, 9.2, 9.7, 11.3.9, 11.3.10, 13.1, 15.2.5, 15.2.6.1, 15.3.1, 9.3.1, 9.4,9.5, 9.6.3,9.8, 9.10.1,9.10.3, 12.1, 12.2.1, 15.3.2, 15.4.1 13.5.1, 13.5.2, 14.2.2, 14.2.4, 15.1.3, 15.2.1 Boiler and Machinery Insurance Architect, Limitations of Authority and 11.3.2 Responsibility Bonds,Lien 2.1.1, 3.12.4,3.12.8,3.12.10,4.1.2,4.2.1,4.2.2, 7.3.7.4,9.10.2, 9.10.3 4.2.3,4.2.6,4.2.7,4.2.10,4.2.12,4.2.13, 5.2.1,7.4, Bonds, Performance,and Payment 9.4.2, 9.5.3,9.6.4, 15.1.3, 15.2 7.3.7.4,9.6.7, 9.10.3, 11.3.9, 11.4 AEA Document A201'"—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIAN Document is protected by U.S.Copyright Law and international Treaties.Unauthorized 2 reproduction or distribution of this AIAA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 08:22:44 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1429174125) Building Permit Completion, Substantial 3.7.1 4.2.9, 8.1.1, 8.1.3, 8.2.3,9.4.2,9.8,9.9.1, 9.10.3, Capitalization 12.2, 13.7 1.3 Compliance with Laws Certificate of Substantial Completion 1.6, 3.2.3,3.6,3.7, 3.12.10, 3.13,4.1.1,9.6.4, 10.2.2, 9.8.3, 9.8.4,9.8.5 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14.1.1, Certificates for Payment 14.2.1.3, 15.2.8, 15.4.2, 15.4.3 4.2.1,4.2.5,4.2.9,9.3.3,9.4,9.5, 9.6.1,9.6.6, 9.7, Concealed or Unknown Conditions 9.10.1,9.10.3, 14.1.1.3, 14.2.4, 15.1.3 3.7.4,4.2.8,8.3.1, 10.3 Certificates of Inspection,Testing or Approval Conditions of the Contract 13.5.4 1.1.1,6.1.1,6.1.4 Certificates of Insurance Consent,Written 9.10.2, 11.1.3 3.4.2,3.7.4,3.12.8, 3.14.2,4.1.2,9.3.2,9.8.5, 9.9.1, Change Orders 9.10.2,9.10.3, 11.3.1, 13.2, 13.4.2, 15.4.4.2 1.1.1, 2.4,3.4.2, 3.7.4, 3.8.2.3, 3.11,3.12.8,4.2.8, Consolidation or Joinder 5.2.3, 7.1.2,7.1.3,7.2, 7.3.2, 7.3.6, 7.3.9, 7.3.10, 15.4.4 8.3.1, 9.3.1.1,9.10.3, 10.3.2, 11.3.1.2, 11.3.4, 11.3.9, CONSTRUCTION BY OWNER OR BY 12.1.2, 15.1.3 SEPARATE CONTRACTORS Change Orders,Definition of 1.1.4,6 7.2.1 Construction Change Directive, Definition of CHANGES IN THE WORK 7.3.1 2.2.1, 3.11, 4.2.8, 7, 7.2.1, 7.3.1, 7.4, 8.3.1,9.3.1.1, Construction Change Directives 11.3.9 1.1.1,3.4.2,3.12.8,4.2.8, 7.1.1,7.1.2, 7.1.3,7.3, Claims, Definition of 9.3.1.1 15.1.1 Construction Schedules,Contractor's CLAIMS AND DISPUTES 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 3.2.4, 6.1.1, 6.3, 7.3.9,9.3.3,9.10.4, 10.3.3, 15, 15.4 Contingent Assignment of Subcontracts Claims and Timely Assertion of Claims 5.4, 14.2.2.2 15.4.1 Continuing Contract Performance Claims for Additional Cost 15.1.3 3.2.4,3.7.4, 6.1.1, 7.3.9, 10.3.2, 15.1.4 Contract,Definition of Claims for Additional Time 1.1.2 3.2.4,3.7.4, 6.1.1, 8.3.2, 10.3.2, 15.1.5 CONTRACT,TERMINATION OR Concealed or Unknown Conditions,Claims for SUSPENSION OF THE 3.7.4 5.4.1.1, 11.3.9, 14 Claims for Damages Contract Administration 3.2.4,3.18, 6.1.1, 8.3.3,9.5.1, 9.6.7, 10.3.3, 11.1.1, 3.1.3,4, 9.4, 9.5 11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6 Contract Award and Execution,Conditions Relating Claims Subject to Arbitration to 15.3.1, 15.4.1 3.7.1,3.10, 5.2, 6.1, 11.1.3, 11.3.6, 11.4.1 Cleaning Up Contract Documents,Copies Furnished and Use of 3.15, 6.3 1.5.2,2.2.5,5.3 Commencement of the Work, Conditions Relating to Contract Documents,Definition of 2.2.1,3.2.2, 3.4.1,3.7.1,3.10.1, 3.12.6,5.2.1, 5.2.3, 1.1.1 6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.3.1, 11.3.6, 11.4.1, Contract Sum 15.1.4 3.7.4, 3.8,5.2.3,7.2, 7.3, 7.4,9.1, 9.4.2,9.5.1.4, Commencement of the Work, Definition of 9.6.7,9.7, 10.3.2, 11.3.1, 14.2.4, 14.3.2, 15.1.4, 8.1.2 15.2.5 Communications Facilitating Contract Contract Sum,Definition of Administration 9.1 3.9.1,4.2.4 Contract Time Completion,Conditions Relating to 3.7.4, 3.7.5, 3.10.2, 5.2.3,7.2.1.3, 7.3.1,7.3.5, 7.4, 3.4.1, 3.11, 3.15,4.2.2,4.2.9, 8.2, 9.4.2,9.8, 9.9.1, 8.1.1, 8.2.1, 8.3.1,9.5.1, 9.7, 10.3.2, 12.1.1, 14.3.2, 9.10, 12.2, 13.7, 14.1.2 15.1.5.1, 15.2.5 COMPLETION,PAYMENTS AND Contract Time,Definition of 9 8.1.1 AIA Document A261'"'—2007.Copyright©1911.1915,1918,1925,i937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIA" Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 3 reproduction or distribution of this AIA" Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 08:22:44 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1429174125) CONTRACTOR Costs 3 2.4, 3.2.4,3.7.3, 3.8.2,3.15.2,5.4.2,6.1.1, 6.2.3, Contractor, Definition of 7.3.3.3, 7.3.7,7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6, 3.1,6.1.2 11.3, 12.1.2, 12.2.1, 12.2.4, 13.5, 14 Contractor's Construction Schedules Cutting and Patching 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 3.14, 6.2.5 Contractor's Employees Damage to Construction of Owner or Separate 3.3.2,3.4.3,3.8.1,3.9,3.18.2,4.2.3,4.2.6, 10.2, 10.3, Contractors 11.1.1, 11.3.7, 14.1, 14.2.1.1 3.14.2,6.2.4, 10.2.1.2, 10.2.5, 10.4, 11.1.1, 11.3, Contractor's Liability Insurance 12.2.4 11.1 Damage to the Work Contractor's Relationship with Separate Contractors 3.14.2,9.9.1, 10.2.1.2, 10.2.5, 10.4, 11.3.1, 12.2.4 and Owner's Forces Damages, Claims for 3.12.5,3.14.2,4.2.4, 6, 11.3.7, 12.1.2, 12.2.4 3.2.4, 3.18, 6.1.1, 8.3.3,9.5.1,9.6.7, 10.3.3, 11.1.1, Contractor's Relationship with Subcontractors 11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6 1.2.2,3.3.2,3.18.1,3.18.2, 5,9.6.2, 9.6.7,9.10.2, Damages for Delay 11.3.1.2, 11.3.7, 11.3.8 6.1.1, 8.3.3,9.5.1.6, 9.7, 10.3.2 Contractor's Relationship with the Architect Date of Commencement of the Work,Definition of 1.1.2, 1.5,3.1.3, 3.2.2, 3.2.3, 3.2.4,3.3.1,3.4.2,3.5, 8.1.2 3.7.4,3.10, 3.11, 3.12, 3.16,3.18,4.1.3,4.2, 5.2, Date of Substantial Completion, Definition of 6.2.2,7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7,9.8,9.9, 10.2.6, 8.1.3 10.3, 11.3.7, 12, 13.5, 15.1.2, 15.2.1 Day,Definition of Contractor's Representations 8.1.4 3.2.1, 3.2.2,3.5, 3.12.6, 6.2.2, 8.2.1,9.3.3,9.8.2 Decisions of the Architect Contractor's Responsibility for Those Performing the 3.7.4,4.2.6,4.2.7,4.2.11,4.2.12,4.2.13, 15.2, 6.3, Work 7.3.7,7.3.9, 8.1.3, 8.3.1, 9.2,9.4, 9.5.1,9.8.4, 9.9.1, 3.3.2, 3.18, 5.3, 6.1.3, 6.2, 9.5.1, 10.2.8 13.5.2, 14.2.2, 14.2.4, 15.1, 15.2 Contractor's Review of Contract Documents Decisions to Withhold Certification 3.2 9.4.1,9.5, 9.7, 14.1.1.3 Contractor's Right to Stop the Work Defective or Nonconforming Work,Acceptance, 9.7 Rejection and Correction of Contractor's Right to Terminate the Contract 2.3,2.4, 3.5,4.2.6, 6.2.5,9.5.1,9.5.2, 9.6.6, 9.8.2, 14.1, 15.1.6 9.9.3,9.10.4, 12.2.1 Contractor's Submittals Definitions 3.10, 3.11, 3.12.4,4.2.7, 5.2.1, 5.2.3, 9.2, 9.3, 9.8.2, 1.1, 2.1.1,3.1.1,3.5,3.12.1,3.12.2,3.12.3,4.1.1, 9.8.3, 9.9.1, 9.10.2,9.10.3, 11.1.3, 11.4.2 15.1.1,5.1, 6.1.2, 7.2.1,7.3.1, 8.1,9.1,9.8.1 Contractor's Superintendent Delays and Extensions of Time 3.9, 10.2.6 3.2, 3.7.4,5.2.3,7.2.1, 7.3.1, 7.4,8.3,9.5.1,9.7, Contractor's Supervision and Construction 10.3.2, 10.4, 14.3.2, 15.1.5, 15.2.5 Procedures Disputes 1.2.2, 3.3, 3.4,3.12.10,4.2.2,4.2.7, 6.1.3,6.2.4, 6.3, 7.3.9, 15.1, 15.2 7.1.3,7.3.5,7.3.7, 8.2, 10, 12, 14, 15.1.3 Documents and Samples at the Site Contractual Liability Insurance 3.11 11.1.1.8, 11.2 Drawings,Definition of Coordination and Correlation 1.1.5 1.2, 3.2.1, 3.3.1,3.10, 3.12.6, 6.1.3, 6.2.1 Drawings and Specifications, Use and Ownership of Copies Furnished of Drawings and Specifications 3.11 1.5,2.2.5, 3.11 Effective Date of Insurance Copyrights 8.2.2, 11.1.2 1.5, 3.17 Emergencies Correction of Work 10.4, 14.1.1.2, 15.1.4 2.3, 2.4, 3.7.3, 9.4.2,9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2 Employees, Contractor's Correlation and Intent of the Contract Documents 3.3.2, 3.4.3, 3.8.1,3.9,3.18.2,4.2.3,4.2.6, 10.2, 1.2 10.3.3, 11.1.1, 11.3.7, 14.1, 14.2.1.1 Cost, Definition of 7.3.7 Init. AlA Document A201 TM—2007.Copyright 01911,1915,1918.1925,1937,1951,1958,1961,1983,1966,1070,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA` Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized 4 reproduction or distribution of this AtAR' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 08:22:44 on 07/08/2015 under Order No 3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1429174125) Equipment, Labor,Materials or Instruments of Service,Definition of 1.1.3, 1.1.6, 3.4,3.5, 3.8.2,3.8.3,3.12,3.13, 3.15.1, 1.1.7 4.2.6,4.2.7, 5.2.1, 6.2.1,7.3.7, 9.3.2, 9.3.3,9.5.1.3, Insurance 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 3.18.1, 6.1.1,7.3.7,9.3.2,9.8.4,9.9.1, 9.10.2, 11 Execution and Progress of the Work Insurance,Boiler and Machinery 1.1.3, 1.2.1, 1.2.2,2.2.3,2.2.5, 3.1,3.3.1, 3.4.1,3.5, 11.3.2 3.7.1,3.10.1,3.12, 3.14,4.2,6.2.2,7.1.3, 7.3.5, 8.2, Insurance,Contractor's Liability 9.5.1,9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3.1, 15.1.3 11.1 Extensions of Time Insurance,Effective Date of 3.2.4, 3.7.4, 5.2.3,7.2.1, 7.3,7.4,9.5.1,9.7, 10.3.2, 8.2.2, 11.1.2 10.4, 14.3, 15.1.5, 15.2.5 Insurance,Loss of Use Failure of Payment 11.3.3 9.5.1.3,9.7, 9.10.2, 13.6, 14.1.1.3, 14.2.1.2 Insurance,Owner's Liability Faulty Work 11.2 (See Defective or Nonconforming Work) Insurance,Property Final Completion and Final Payment 10.2.5, 11.3 4.2.1,4.2.9,9.8.2,9.10, 11.1.2, 11.1.3, 11.3.1, 11.3.5, Insurance, Stored Materials 12.3, 14.2.4, 14.4.3 9.3.2 Financial Arrangements,Owner's INSURANCE AND BONDS 2.2.1, 13.2.2, 14.1.1.4 11 Fire and Extended Coverage Insurance Insurance Companies,Consent to Partial Occupancy 11.3.1.1 9.9.1 GENERAL PROVISIONS Intent of the Contract Documents 1 1.2.1,4.2.7,4.2.12,4.2.13, 7.4 Governing Law Interest 13.1 13.6 Guarantees(See Warranty) Interpretation Hazardous Materials 1.2.3, 1.4,4.1.1, 5.1,6.1.2, 15.1.1 10.2.4, 10.3 Interpretations,Written Identification of Subcontractors and Suppliers 4.2.11,4.2.12, 15.1.4 5.2.1 Judgment on Final Award Indemnification 15.4.2 3.17,3.18, 9.10.2, 10.3.3, 10.3.5, 10.3.6, 11.3.1.2, Labor and Materials,Equipment 11.3.7 1.1.3, 1.1.6,3.4, 3.5, 3.8.2,3.8.3,3.12,3.13, 3.15.1, Information and Services Required of the Owner 4.2.6,4.2.7, 5.2.1,6.2.1,7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 2.1.2, 2.2,3.2.2, 3.12.4,3.12.10,6.1.3,6.1.4,6.2.5, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 11.4, 13.5.1, Labor Disputes 13.5.2, 14.1.1.4, 14.1.4, 15.1.3 8.3.1 Initial Decision Laws and Regulations 15.2 1.5, 3.2.3,3.6,3.7, 3.12.10, 3.13,4.1.1,9.6.4, 9.9.1, Initial Decision Maker,Definition of 10.2.2, 11.1.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 1.1.8 14, 15.2.8, 15.4 Initial Decision Maker,Decisions Liens 14.2.2, 14.2.4, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 2.1.2,9.3.3, 9.10.2,9.10.4, 15.2.8 Initial Decision Maker,Extent of Authority Limitations, Statutes of 14.2.2, 14.2.4, 15.1.3, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 12.2.5, 13.7, 15.4.1.1 15.2.5 Limitations of Liability Injury or Damage to Person or Property 2.3, 3.2.2, 3.5,3.12.10, 3.17, 3.18.1,4.2.6,4.2.7, 10.2.8, 10.4 4.2.12,6.2.2, 9.4.2,9.6.4,9.6.7, 10.2.5, 10.3.3, Inspections 11.1.2, 11.2, 11.3.7, 12.2.5, 13.4.2 3.1.3, 3.3.3, 3.7.1,4.2.2,4.2.6,4.2.9, 9.4.2, 9.8.3, Limitations of Time 9.9.2, 9.10.1, 12.2.1, 13.5 2.1.2, 2.2,2.4,3.2.2,3.10, 3.11,3.12.5,3.15.1,4.2.7, Instructions to Bidders 5.2, 5.3, 5.4.1,6.2.4, 7.3,7.4, 8.2, 9.2, 9.3.1, 9.3.3, 1.1.1 9.4.1, 9.5,9.6,9.7, 9.8, 9.9, 9.1 0, 1 1.1.3, 1 1.3.1.5, Instructions to the Contractor 11.3.6, 11.3.10, 12.2, 13.5, 13.7, 14, 15 3.2.4,3.3.1,3.8.1, 5.2.1, 7, 8.2.2, 12, 13.5.2 Loss of Use Insurance 11.3.3 AMA Document A201T"'—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966.1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIAe Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized 5 reproduction or distribution of this Ale Document,or any portion of it,may result in severe civic and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 08:22.44 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1429174125) Material Suppliers Owner,Information and Services Required of the 1.5, 3.12.1,4.2.4,4.2.6,5.2.1,9.3,9.4.2, 9.6, 9.10.5 2.1.2,2.2,3.2.2, 3.12.10,6.1.3, 6.1.4,6.2.5,9.3.2, Materials,Hazardous 9.6.1,9.6.4,9.9.2,9.10.3, 10.3.3, 11.2, 11.3, 13.5.1, 10.2.4, 10.3 13.5.2, 14.1.1.4, 14.1.4, 15.1.3 Materials,Labor,Equipment and Owner's Authority 1.1.3, 1.1.6, 1.5.1, 3.4.1,3.5,3.8.2,3.8.3, 3.12, 3.13, 1.5, 2.1.1,2.3,2.4, 3.4.2,3.8.1,3.12.10, 3.14.2,4.1.2, 3.15.1,4.2.6,4.2.7, 5.2.1,6.2.1,7.3.7, 9.3.2, 9.3.3, 4.1.3,4.2.4,4.2.9,5.2.1,5.2.4, 5.4.1, 6.1, 6.3, 7.2.1, 9.5.1.3,9.10.2, 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2 7.3.1, 8.2.2, 8.3.1, 9.3.1,9.3.2, 9.5.1, 9.6.4,9.9.1, Means, Methods,Techniques, Sequences and 9.10.2, 10.3.2, 11.1.3, 11.3.3, 11.3.10, 12.2.2, 12.3, Procedures of Construction 13.2.2, 14.3, 14.4, 15.2.7 3.3.1, 3.12.10,4.2.2,4.2.7,9.4.2 Owner's Financial Capability Mechanic's Lien 2.2.1, 13.2.2, 14.1.1.4 2.1.2, 15.2.8 Owner's Liability Insurance Mediation 11.2 8.3.1, 10.3.5, 10.3.6, 15.2.1, 15.2.5, 15.2.6, 15.3, Owner's Relationship with Subcontractors 15.4.1 1.1.2,5.2, 5.3,5.4, 9.6.4,9.10.2, 14.2.2 Minor Changes in the Work Owner's Right to Carry Out the Work 1.1.1, 3.12.8,4.2.8, 7.1,7.4 2.4, 14.2.2 MISCELLANEOUS PROVISIONS Owner's Right to Clean Up 13 6.3 Modifications, Definition of Owner's Right to Perform Construction and to 1.1.1 Award Separate Contracts Modifications to the Contract 6.1 1.1.1, 1.1.2,3.11,4.1.2,4.2.1, 5.2.3, 7, 8.3.1,9.7, Owner's Right to Stop the Work 10.3.2, 11.3.1 2.3 Mutual Responsibility Owner's Right to Suspend the Work 6.2 14.3 Nonconforming Work,Acceptance of Owner's Right to Terminate the Contract 9.6.6, 9.9.3, 12.3 14.2 Nonconforming Work, Rejection and Correction of Ownership and Use of Drawings,Specifications 2.3, 2.4, 3.5,4.2.6, 6.2.4, 9.5.1,9.8.2,9.9.3,9.10.4, and Other Instruments of Service 12.2.1 1.1.1, 1.1.6, 1.1.7, 1.5,2.2.5, 3.2.2,3.11,3.17,4.2.12, Notice 5.3 2.2.1,2.3,2.4,3.2.4, 3.3.1,3.7.2,3.12.9, 5.2.1,9.7, Partial Occupancy or Use 9.10, 10.2.2, 11.1.3, 12.2.2.1, 13.3, 13.5.1, 13.5.2, 9.6.6,9.9, 11.3.1.5 14.1, 14.2, 15.2.8, 15.4.1 Patching,Cutting and Notice,Written 3.14, 6.2.5 2.3, 2.4, 3.3.1, 3.9.2, 3.12.9,3.12.10, 5.2.1, 9.7, 9.10, Patents 10.2.2, 10.3, 11.1.3, 11.3.6, 12.2.2.1, 13.3, 14, 15.2.8, 3.17 15.4.1 Payment,Applications for Notice of Claims 4.2.5,7.3.9, 9.2,9.3,9.4, 9.5, 9.6.3, 9.7, 9.8.5, 9.10.1, 3.7.4, 10.2.8, 15.1.2, 15.4 14.2.3, 14.2.4, 14.4.3 Notice of Testing and Inspections Payment,Certificates for 13.5.1, 13.5.2 4.2.5,4.2.9, 9.3.3,9.4,9.5, 9.6.1,9.6.6, 9.7,9.10.1, Observations,Contractor's 9.10.3, 13.7, 14.1.1.3, 14.2.4 3.2, 3.7.4 Payment,Failure of Occupancy 9.5.1.3,9.7,9.10.2, 13.6, 14.1.1.3, 14.2.1.2 2.2.2, 9.6.6, 9.8, 11.3.1.5 Payment, Final Orders,Written 4.2.1,4.2.9, 9.8.2,9.10, 11.1.2, 11.1.3, 11.4.1, 12.3, 1.1.1,2.3,3.9.2, 7, 8.2.2, 11.3.9, 12.1, 12.2.2.1, 13.7, 14.2.4, 14.4.3 13.5.2, 14.3.1 Payment Bond,Performance Bond and OWNER 7.3.7.4,9.6.7, 9.10.3, 11.4 2 Payments,Progress Owner,Definition of 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3 2.1.1 PAYMENTS AND COMPLETION 9 AIA Document A201'~—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute or Architects.All rights reserved.WARNING:This AIAv° Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 6 reproduction or distribution of this ASA° Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 08:22:44 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1429174125) Payments to Subcontractors Rights and Remedies 5.4.2, 9.5.1.3,9.6.2, 9.6.3, 9.6.4,9.6.7, 14.2.1.2 1.1.2,2.3,2.4, 3.5, 3.7.4, 3.15.2,4.2.6,5.3,5.4,6.1, PCB 6.3, 7.3.1, 8.3,9.5.1,9.7, 10.2.5, 10.3, 12.2.2, 12.2.4, 10.3.1 13.4, 14, 15.4 Performance Bond and Payment Bond Royalties,Patents and Copyrights 7.3.7.4, 9.6.7,9.10.3, 11.4 3.17 Permits,Fees,Notices and Compliance with Laws Rules and Notices for Arbitration 2.2.2,3.7,3.13, 7.3.7.4, 10.2.2 15.4.1 PERSONS AND PROPERTY,PROTECTION Safety of Persons and Property OF 10.2, 10.4 10 Safety Precautions and Programs Polychlorinated Biphenyl 3.3.1,4.2.2,4.2.7, 5.3, 10.1, 10.2, 10.4 10.3.1 Samples, Definition of Product Data,Definition of 3.12.3 3.12.2 Samples, Shop Drawings,Product Data and Product Data and Samples,Shop Drawings 3.11,3.12,4.2.7 3.11,3.12,4.2.7 Samples at the Site,Documents and Progress and Completion 3.11 4.2.2, 8.2, 9.8,9.9.1, 14.1.4, 15.1.3 Schedule of Values Progress Payments 9.2, 9.3.1 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3 Schedules, Construction Project,Definition of 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 1.1.4 Separate Contracts and Contractors Project Representatives 1.1.4,3.12.5,3.14.2,4.2.4,4.2.7,6, 8.3.1, 12.1.2 4.2.10 Shop Drawings, Definition of Property Insurance 3.12.1 10.2.5, 11.3 Shop Drawings,Product Data and Samples PROTECTION OF PERSONS AND PROPERTY 3.11,3.12,4.2.7 10 Site,Use of Regulations and Laws 3.13, 6.1.1, 6.2.1 1.5, 3.2.3,3.6, 3.7, 3.12.10, 3.13,4.1.1, 9.6.4, 9.9.1, Site Inspections 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14, 3.2.2,3.3.3, 3.7.1, 3.7.4,4.2,9.4.2,9.10.1, 13.5 15.2.8, 15.4 Site Visits,Architect's Rejection of Work 3.7.4,4.2.2,4.2.9,9.4.2,9.5.1, 9.9.2, 9.10.1, 13.5 3.5,4.2.6, 12.2.1 Special Inspections and Testing Releases and Waivers of Liens 4.2.6, 12.2.1, 13.5 9.10.2 Specifications,Definition of Representations 1.1.6 3.2.1,3.5, 3.12.6, 6.2.2, 8.2.1,9.3.3,9.4.2,9.5.1, Specifications 9.8.2, 9.10.1 1.1.1,1.1.6, 1.2.2, 1.5,3.11,3.12.10, 3.17,4.2.14 Representatives Statute of Limitations 2.1.1, 3.1.1, 3.9,4.1.1,4.2.1,4.2.2,4.2.10, 5.1.1, 13.7, 15.4.1.1 5.1.2, 13.2.1 Stopping the Work Responsibility for Those Performing the Work 2.3, 9.7, 10.3, 14.1 3.3.2,3.18,4.2.3, 5.3, 6.1.3,6.2,6.3, 9.5.1, 10 Stored Materials Retainage 6.2.1,9.3.2, 10.2.1.2, 10.2.4 9.3.1,9.6.2, 9.8.5,9.9.1,9.10.2,9.10.3 Subcontractor,Definition of Review of Contract Documents and Field 5.1.1 Conditions by Contractor SUBCONTRACTORS 3.2, 3.12.7, 6.1.3 5 Review of Contractor's Submittals by Owner and Subcontractors, Work by Architect 1.2.2,3.3.2, 3.12.1,4.2.3,5.2.3,5.3,5.4,9.3.1.2, 3.10.1, 3.10.2,3.11, 3.12,4.2,5.2,6.1.3,9.2,9.8.2 9.6.7 Review of Shop Drawings, Product Data and Subcontractual Relations Samples by Contractor 5.3, 5.4, 9.3.1.2, 9.6,9.10, 10.2.1, 14.1, 14.2.1 3.12 AMA Document A201 T"—2007.Copyright 01911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.Ali rights reserved.WARNING This Ale Document is protected by U.S.Copyright Law and international Treaties.Unauthorized 7 reproduction or distribution of this AlAT Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 08:22:44 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1429174125) Submittals Tests and Inspections 3.10, 3.11,3.12,4.2.7, 5.2.1,5.2.3,7.3.7,9.2, 9.3, 3.1.3,3.3.3,4.2.2,4.2.6,4.2.9,9.4.2, 9.8.3,9.9.2, 9.8, 9.9.1, 9.10.2, 9.10.3, 11.1.3 9.10.1, 10.3.2, 11.4.1, 12.2.1, 13.5 Submittal Schedule TIME 3.10.2,3.12.5,4.2.7 8 Subrogation,Waivers of Time,Delays and Extensions of 6.1.1, 11.3.7 3.2.4,3.7.4,5.2.3,7.2.1, 7.3.1, 7.4,8.3,9.5.1, 9.7, Substantial Completion 10.3.2, 10.4, 14.3.2, 15.1.5, 15.2.5 4.2.9, 8.1.1,8.1.3, 8.2.3,9.4.2,9.8,9.9.1, 9.10.3, Time Limits 12.2, 13.7 2.1.2,2.2,2.4,3.2.2,3.10, 3.11, 3.12.5,3.15.1,4.2, Substantial Completion,Definition of 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2,9.2,9.3.1, 9.3.3, 9.8.1 9.4.1,9.5, 9.6,9.7, 9.8, 9.9, 9.10, 11.1.3, 12.2, 13.5, Substitution of Subcontractors 13.7, 14, 15.1.2, 15.4 5.2.3,5.2.4 Time Limits on Claims Substitution of Architect 3.7.4, 10.2.8, 13.7, 15.1.2 4.1.3 Title to Work Substitutions of Materials 9.3.2, 9.3.3 3.4.2, 3.5,7.3.8 Transmission of Data in Digital Form Sub-subcontractor, Definition of 1.6 5.1.2 UNCOVERING AND CORRECTION OF Subsurface Conditions WORK 3.7.4 12 Successors and Assigns Uncovering of Work 13.2 12.1 Superintendent Unforeseen Conditions,Concealed or Unknown 3.9, 10.2.6 3.7.4, 8.3.1, 10.3 Supervision and Construction Procedures Unit Prices 1.2.2,3.3,3.4,3.12.10, 4.2.2,4.2.7, 6.1.3, 6.2.4, 7.3.3.2, 7.3.4 7.1.3,7.3.7, 8.2, 8.3.1,9.4.2, 10, 12, 14, 15.1.3 Use of Documents Surety 1.1.1, 1.5,2.2.5,3.12.6,5.3 5.4.1.2, 9.8.5,9.10.2,9.10.3, 14.2.2, 15.2.7 Use of Site Surety, Consent of 3.13, 6.1.1, 6.2.1 9.10.2, 9.10.3 Values, Schedule of Surveys 9.2, 9.3.1 2.2.3 Waiver of Claims by the Architect Suspension by the Owner for Convenience 13.4.2 14.3 Waiver of Claims by the Contractor Suspension of the Work 9.10.5, 13.4.2, 15.1.6 5.4.2, 14.3 Waiver of Claims by the Owner Suspension or Termination of the Contract 9.9.3,9.10.3, 9.10.4, 12.2.2.1, 13.4.2, 14.2.4, 15.1.6 5.4.1.1, 14 Waiver of Consequential Damages Taxes 14.2.4, 15.1.6 3.6, 3.8.2.1, 7.3.7.4 Waiver of Liens Termination by the Contractor 9.10.2, 9.10.4 14.1, 15.1.6 Waivers of Subrogation Termination by the Owner for Cause 6.1.1, 11.3.7 5.4.1.1, 14.2, 15.1.6 Warranty Termination by the Owner for Convenience 3.5,4.2.9,9.3.3,9.8.4, 9.9.1,9.10.4, 12.2.2, 13.7 14.4 Weather Delays Termination of the Architect 15.1.5.2 4.1.3 Work,Definition of Termination of the Contractor 1.1.3 14.2.2 Written Consent TERMINATION OR SUSPENSION OF THE 1.5.2,3.4.2, 3.7.4, 3.12.8,3.14.2,4.1.2,9.3.2, 9.8.5, CONTRACT 9.9.1,9.10.2, 9.10.3, 11.4.1, 13.2, 13.4.2, 15.4.4.2 14 Written Interpretations 4.2.11,4.2.12 AIA Document A201 —2007.Copyright 1911,1915.1918.1925,1937.1951,1958.1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING;This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 8 reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 08:22:44 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1429174125) Written Notice Written Orders 2.3, 2.4, 3.3.1,3.9, 3.12.9, 3.12.10,5.2.1, 8.2.2,9.7, 1.1.1,2.3,3.9,7,8.2.2, 12.1, 12.2, 13.5.2, 14.3.1, 9.10, 10.2.2, 10.3, 11.1.3, 12.2.2, 12.2.4, 13.3, 14, 15.1.2 15.4.1 Init. AIA Document A201 r"—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1986,1970, 1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 9 reproduction or distribution of this A!A° Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced byAlA software at 08:22:44 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1429174125) ARTICLE 1 GENERAL PROVISIONS § 1.1 BASIC DEFINITIONS § 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents are enumerated in the Agreement between the Owner and Contractor(hereinafter the Agreement)and consist of the Agreement, Conditions of the Contract(General, Supplementary and other Conditions), Drawings, Specifications,Addenda issued prior to execution of the Contract,other documents listed in the Agreement and Modifications issued after execution of the Contract.A Modification is(1)a written amendment to the Contract signed by both parties, (2)a Change Order,(3)a Construction Change Directive or(4)a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement,the Contract Documents do not include the advertisement or invitation to bid,Instructions to Bidders, sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals,the Contractor's bid or proposal,or portions of Addenda relating to bidding requirements. § 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification.The Contract Documents shall not be construed to create a contractual relationship of any kind(1)between the Contractor and the Architect or the Architect's consultants, (2)between the Owner and a Subcontractor or a Sub-subcontractor,(3)between the Owner and the Architect or the Architect's consultants or(4)between any persons or entities other than the Owner and the Contractor.The Architect shall,however,be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. § 1.1.3 THE WORK The term "Work"means the construction and services required by the Contract Documents,whether completed or partially completed, and includes all other labor,materials,equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations.The Work may constitute the whole or a part of the Project. § 1.1.4 THE PROJECT The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner and by separate contractors. § 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work,generally including plans,elevations, sections,details, schedules and diagrams. § 1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work,and performance of related services. § 1.1.7 INSTRUMENTS OF SERVICE Instruments of Service are representations,in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect and the Architect's consultants under their respective professional services agreements. Instruments of Service may include,without limitation,studies, surveys,models, sketches,drawings, specifications,and other similar materials. § 1.1.8 INITIAL DECISION MAKER The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2 and certify termination of the Agreement under Section 14.2.2. § 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS § 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor.The Contract Documents are complementary,and what is required by one shall be as binding as if required by all;performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. AlA Document A201 r"—2007.Copyright 01911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987.1997 and 2007 by The American Init. Institute of Architects.Alf rights reserved.WARNING:This AIA' Document is protected by U.S.Copyright Law and international Treaties.Unauthorized 10 reproduction or distribution of this AIAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 08:22:44 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1429174125) § 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. § 1.2.3 Unless otherwise stated in the Contract Documents,words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. § 1.3 CAPITALIZATION Terms capitalized in these General Conditions include those that are(1)specifically defined,(2)the titles of numbered articles or(3)the titles of other documents published by the American Institute of Architects. § 1.4 INTERPRETATION In the interest of brevity the Contract Documents frequently omit modifying words such as "all"and"any" and articles such as "the" and"an,"but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. § 1.5 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE § 1.5.1 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and will retain all common law, statutory and other reserved rights,including copyrights.The Contractor,Subcontractors, Sub-subcontractors,and material or equipment suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's or Architect's consultants'reserved rights. § 1.5.2 The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are authorized to use and reproduce the Instruments of Service provided to them solely and exclusively for execution of the Work.All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub-subcontractors,and material or equipment suppliers may not use the Instruments of Service on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner,Architect and the Architect's consultants. § 1.6 TRANSMISSION OF DATA IN DIGITAL FORM If the parties intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions,unless otherwise already provided in the Agreement or the Contract Documents. ARTICLE 2 OWNER § 2.1 GENERAL § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Except as otherwise provided in Section 4.2.1,the Architect does not have such authority. The term "Owner"means the Owner or the Owner's authorized representative. § 2.1.2 The Owner shall furnish to the Contractor within fifteen days after receipt of a written request,information necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site,and the Owner's interest therein. § 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER § 2.2.1 Prior to commencement of the Work,the Contractor may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract. Thereafter,the Contractor may only request such evidence if(1)the Owner fails to make payments to the Contractor as the Contract Documents require; (2)a change in the Work materially changes the Contract Sum;or(3) the Contractor identifies in writing a reasonable concern regarding the Owner's ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or Init. AIA Document A201m--2007.Copyright 01911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized 1.E reproduction or distribution of this AIA' Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 08:22:44 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1429174125) the portion of the Work affected by a material change.After the Owner furnishes the evidence,the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. § 2.2.2 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1,the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction,use or occupancy of permanent structures or for permanent changes in existing facilities. § 2.2.3 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site.The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 2.2.4 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner's control and relevant to the Contractor's performance of the Work with reasonable promptness after receiving the Contractor's written request for such information or services. § 2.2.5 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2. § 2.3 OWNER'S RIGHT TO STOP THE WORK If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents,the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof,until the cause for such order has been eliminated; however,the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3. § 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness,the Owner may,without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner's expenses and compensation for the Architect's additional services made necessary by such default,neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts,the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR § 3.1 GENERAL § 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number.The Contractor shall be lawfully licensed,if required in the jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract. The term "Contractor"means the Contractor or the Contractor's authorized representative. § 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. § 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. NA Document AVM"'—2007.Copyright©1911,1915.1918,1925,1937,1951,1958,1961,1963.1966,1970.1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIA1° Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 12 reproduction or distribution of this Ale Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 08:22:44 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1429174125) § 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR § 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. § 3.2.2 Because the Contract Documents are complementary,the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work,as well as the information furnished by the Owner pursuant to Section 2.2.3,shall take field measurements of any existing conditions related to that portion of the Work,and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors,omissions, or inconsistencies in the Contract Documents;however,the Contractor shall promptly report to the Architect any errors,inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require. It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. § 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes,ordinances, codes,rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require. § 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor's notices or requests for information pursuant to Sections 3.2.2 or 3.2.3,the Contractor shall make Claims as provided in Article 15.If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3,the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations.If the Contractor performs those obligations,the Contractor shall not be liable to the Owner or Architect for damages resulting from errors,inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes,rules and regulations,and lawful orders of public authorities. § 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES § 3.3.1 The Contractor shall supervise and direct the Work,using the Contractor's best skill and attention.The Contractor shall be solely responsible for, and have control over, construction means,methods,techniques, sequences and procedures and for coordinating all portions of the Work under the Contract,unless the Contract Documents give other specific instructions concerning these matters.If the Contract Documents give specific instructions concerning construction means,methods,techniques, sequences or procedures,the Contractor shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means,methods,techniques, sequences or procedures. If the Contractor determines that such means, methods,techniques, sequences or procedures may not be safe,the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instructed to proceed with the required means,methods,techniques, sequences or procedures without acceptance of changes proposed by the Contractor,the Owner shall be solely responsible for any loss or damage arising solely from those Owner-required means,methods,techniques, sequences or procedures. § 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for,or on behalf of, the Contractor or any of its Subcontractors. § 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. § 3.4 LABOR AND MATERIALS § 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment,tools, construction equipment and machinery,water,heat,utilities,transportation,and other AMA Document A201 T"—2007.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This Ale Document Is protected by U.S.Copyright Law and International Treaties_Unauthorized 13 reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 08:22:44 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1429174125) facilities and services necessary for proper execution and completion of the Work,whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § 3.4.2 Except in the case of minor changes in the Work authorized by the Architect in accordance with Sections 3.12.8 or 7.4,the Contractor may make substitutions only with the consent of the Owner,after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive. § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work.The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. § 3.5 WARRANTY The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit.Work,materials,or equipment not conforming to these requirements may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor,improper or insufficient maintenance,improper operation, or normal wear and tear and normal usage.If required by the Architect,the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. § 3.6 TAXES The Contractor shall pay sales, consumer,use and similar taxes for the Work provided by the Contractor that are legally enacted when bids are received or negotiations concluded,whether or not yet effective or merely scheduled to go into effect. § 3.7 PERMITS, FEES, NOTICES AND COMPLIANCE WITH LAWS § 3.7.1 Unless otherwise provided in the Contract Documents,the Contractor shall secure and pay for the building permit as well as for other permits,fees, licenses,and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. § 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes,ordinances, codes, rules and regulations,and lawful orders of public authorities applicable to performance of the Work. § 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws,statutes,ordinances, codes, rules and regulations, or lawful orders of public authorities,the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. § 3.7.4 Concealed or Unknown Conditions. If the Contractor encounters conditions at the site that are(1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or(2)unknown physical conditions of an unusual nature,that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents,the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than 21 days after first observance of the conditions.The Architect will promptly investigate such conditions and,if the Architect determines that they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for,performance of any part of the Work,will recommend an equitable adjustment in the Contract Sum or Contract Time,or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified,the Architect shall promptly notify the Owner and Contractor in writing, stating the reasons. If either party disputes the Architect's determination or recommendation,that party may proceed as provided in Article 15. § 3.7.5 If, in the course of the Work,the Contractor encounters human remains or recognizes the existence of burial markers,archaeological sites or wetlands not indicated in the Contract Documents,the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and Architect. Upon receipt of such notice,the Owner shall promptly take any action necessary to obtain governmental authorization required to resume AM Document A201'"1—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.NI rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 14 reproduction or distribution of this AIA" Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 08:22'44 on 07/06/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1429174125) the operations.The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 15. § 3.8 ALLOWANCES § 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. § 3.8.2 Unless otherwise provided in the Contract Documents, .1 Allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes,less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site,labor,installation costs, overhead,profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; and .3 Whenever costs are more than or less than allowances,the Contract Sum shall be adjusted accordingly by Change Order.The amount of the Change Order shall reflect(1)the difference between actual costs and the allowances under Section 3.8.2.1 and(2)changes in Contractor's costs under Section 3.8.2.2. § 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness. § 3.9 SUPERINTENDENT § 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor,and communications given to the superintendent shall be as binding as if given to the Contractor. § 3.9.2 The Contractor,as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the name and qualifications of a proposed superintendent.The Architect may reply within 14 days to the Contractor in writing stating(1)whether the Owner or the Architect has reasonable objection to the proposed superintendent or(2)that the Architect requires additional time to review. Failure of the Architect to reply within the 14 day period shall constitute notice of no reasonable objection. § 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner's consent, which shall not unreasonably be withheld or delayed. § 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES § 3.10.1 The Contractor,promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work.The schedule shall not exceed time limits current under the Contract Documents,shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Contract Documents,and shall provide for expeditious and practicable execution of the Work. § 3.10.2 The Contractor shall prepare a submittal schedule,promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule,and shall submit the schedule(s)for the Architect's approval. The Architect's approval shall not unreasonably be delayed or withheld. The submittal schedule shall (1)be coordinated with the Contractor's construction schedule, and(2)allow the Architect reasonable time to review submittals. If the Contractor fails to submit a submittal schedule,the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. § 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. AIA Document A201'M—2007.Copyright©1911,1915,1918.1925.1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Instltuie of Architects.All rights reserved.WARNING:This AIA° Document is protected by U.S.Copyright Law and International Treaties.Unauthorized .I5 reproduction or distribution of this AlAx Document,or any portion of it,may result in severe civil and criminal penalties,and wilt be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 08:22:44 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1429174125) § 3.11 DOCUMENTS AND SAMPLES AT THE SITE The Contractor shall maintain at the site for the Owner one copy of the Drawings, Specifications,Addenda,Change Orders and other Modifications,in good order and marked currently to indicate field changes and selections made during construction,and one copy of approved Shop Drawings,Product Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed. § 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES § 3.12.1 Shop Drawings are drawings, diagrams,schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor,manufacturer, supplier or distributor to illustrate some portion of the Work. § 3.12.2 Product Data are illustrations,standard schedules,performance charts, instructions,brochures,diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. § 3.12.3 Samples are physical examples that illustrate materials,equipment or workmanship and establish standards by which the Work will be judged. § 3.12.4 Shop Drawings,Product Data, Samples and similar submittals are not Contract Documents. Their purpose is to demonstrate the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action maybe so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Architect without action. § 3.12.5 The Contractor shall review for compliance with the Contract Documents,approve and submit to the Architect Shop Drawings,Product Data, Samples and similar submittals required by the Contract Documents in accordance with the submittal schedule approved by the Architect or,in the absence of an approved submittal schedule,with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. § 3.12.6 By submitting Shop Drawings,Product Data, Samples and similar submittals,the Contractor represents to the Owner and Architect that the Contractor has(1)reviewed and approved them, (2)determined and verified materials, field measurements and field construction criteria related thereto,or will do so and(3)checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. § 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings,Product Data, Samples or similar submittals until the respective submittal has been approved by the Architect. § 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and(I)the Architect has given written approval to the specific deviation as a minor change in the Work, or(2)a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings,Product Data, Samples or similar submittals by the Architect's approval thereof § 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings,Product Data, Samples or similar submittals,to revisions other than those requested by the Architect on previous submittals. In the absence of such written notice,the Architect's approval of a resubmission shall not apply to such revisions. § 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means,methods,techniques, sequences and procedures. The Contractor shall not be AIA Document A201 T"—2007.Copyright n 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIA00 Document Is protected by U.S.Copyright Law and international Treaties.Unauthorized 16 reproduction or distribution of this Ate Document,or any portion of it.may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 08:22:44 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1429174125) required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems,materials or equipment are specifically required of the Contractor by the Contract Documents,the Owner and the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional,whose signature and seal shall appear on all drawings,calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional,if prepared by others, shall bear such professional's written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals,provided the Owner and Architect have specified to the Contractor all performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10,the Architect will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance and design criteria specified in the Contract Documents. § 3.13 USE OF SITE The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes,ordinances, codes, rules and regulations,and lawful orders of public authorities and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 3.14 CUTTING AND PATCHING § 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. All areas requiring cutting,fitting and patching shall be restored to the condition existing prior to the cutting, fitting and patching,unless otherwise required by the Contract Documents. § 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting,patching or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. § 3.15 CLEANING UP § 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract.At completion of the Work,the Contractor shall remove waste materials,rubbish,the Contractor's tools,construction equipment,machinery and surplus materials from and about the Project. § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents,the Owner may do so and Owner shall be entitled to reimbursement from the Contractor. § 3.16 ACCESS TO WORK The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. § 3.17 ROYALTIES, PATENTS AND COPYRIGHTS The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design,process or product of a particular manufacturer or manufacturers is required by the Contract Documents,or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner or Architect. However, if the Contractor has reason to believe that the required design,process or product is an infringement of a copyright or a patent,the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. AIA Document A201 r"-2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1951,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Instiiule of Archllecls.All rights reserved.WARNING:This AIAe Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized 17 reproduction or distribution of this AlA" Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 08:22:44 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1429174125) § 3.18 INDEMNIFICATION § 3.18.1 To the fullest extent permitted by law the Contractor shall indemnify and hold harmless the Owner, Architect,Architect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses,including but not limited to attorneys' fees, arising out of or resulting from performance of the Work,provided that such claim,damage, loss or expense is attributable to bodily injury, sickness,disease or death, or to injury to or destruction of tangible property(other than the Work itself),but only to the extent caused by the negligent acts or omissions of the Contractor,a Subcontractor,anyone directly or indirectly employed by them or anyone for whose acts they may be liable,regardless of whether or not such claim,damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate,abridge,or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18. § 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor,a Subcontractor,anyone directly or indirectly employed by them or anyone for whose acts they may be liable,the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts,disability benefit acts or other employee benefit acts. ARTICLE 4 ARCHITECT § 4.1 GENERAL § 4.1.1 The Owner shall retain an architect lawfully licensed to practice architecture or an entity lawfully practicing architecture in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number. § 4.1.2 Duties,responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted,modified or extended without written consent of the Owner,Contractor and Architect. Consent shall not be unreasonably withheld. § 4.1.3 If the employment of the Architect is terminated,the Owner shall employ a successor architect as to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect. § 4.2 ADMINISTRATION OF THE CONTRACT § 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be an Owner's representative during construction until the date the Architect issues the final Certificate for Payment. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. § 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction,or as otherwise agreed with the Owner,to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general if the Work observed is being performed in a manner indicating that the Work,when fully completed,will be in accordance with the Contract Documents.However,the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.The Architect will not have control over, charge of, or responsibility for,the construction means,methods,techniques,sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents,except as provided in Section 3.3.1. § 4.2.3 On the basis of the site visits,the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed,and report to the Owner(1)known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor,and(2)defects and deficiencies observed in the Work.The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors,or their agents or employees, or any other persons or entities performing portions of the Work. AlA Document A201*"--2007.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1956,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and international Treaties.Unauthorized 18 reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 08:22:44 on 07/08/2015 under Order No.3299611217 1 which expires on 10/30/2015,and is not for resale. User Notes: (1429174125) § 4.2.4 COMMUNICATIONS FACILITATING CONTRACT ADMINISTRATION Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized,the Owner and Contractor shall endeavor to communicate with each other through the Architect about matters arising out of or relating to the Contract. Communications by and with the Architect's consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor.Communications by and with separate contractors shall be through the Owner. § 4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment,the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. § 4.2.6 The Architect has authority to reject Work that does not conform to the Contract Documents.Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.5.2 and 13.5.3,whether or not such Work is fabricated,installed or completed. However,neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers,their agents or employees, or other persons or entities performing portions of the Work. § 4.2.7 The Architect will review and approve, or take other appropriate action upon,the Contractor's submittals such as Shop Drawings, Product Data and Samples,but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action will be taken in accordance with the submittal schedule approved by the Architect or,in the absence of an approved submittal schedule,with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents.The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or,unless otherwise specifically stated by the Architect,of any construction means,methods, techniques, sequences or procedures.The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may authorize minor changes in the Work as provided in Section 7.4. The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4. § 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8;receive and forward to the Owner, for the Owner's review and records,written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section 9.10. § 4.2.10 If the Owner and Architect agree,the Architect will provide one or more project representatives to assist in carrying out the Architect's responsibilities at the site.The duties,responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. § 4.2.11 The Architect will interpret and decide matters concerning performance under,and requirements of,the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of, and reasonably inferable from,the Contract Documents and will be in writing or in the form of drawings.When making such interpretations and decisions,the Architect will endeavor to secure faithful performance by both Owner and Contractor,will not show partiality to either and will not be liable for results of interpretations or decisions rendered in good faith. § 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. Init. MA Document A201''—2007.Copyright CO1911,1915,1918,1925,1937,1951,1958,1961,1963,1968,1970,1976,1987.1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AlA® Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized 19 reproduction or distribution of this AlA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 08:22:44 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1429174125) § 4.2.14 The Architect will review and respond to requests for information about the Contract Documents.The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropriate,the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information. ARTICLE 5 SUBCONTRACTORS § 5.1 DEFINITIONS § 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site.The term"Subcontractor"is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor.The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. § 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term"Sub-subcontractor"is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor. § 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK § 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements,the Contractor,as soon as practicable after'award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or entities(including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Architect may reply within 14 days to the Contractor in writing stating(I)whether the Owner or the Architect has reasonable objection to any such proposed person or entity or(2)that the Architect requires additional time for review. Failure of the Owner or Architect to reply within the 14-day period shall constitute notice of no reasonable objection. § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection.The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor,the Contractor shall propose another to whom the Owner or Architect has no reasonable objection.If the proposed but rejected Subcontractor was reasonably capable of performing the Work,the Contract Sum and Contract Time shall be increased or decreased by the difference, if any,occasioned by such change,and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work. However,no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. § 5.2.4 The Contractor shall not substitute a Subcontractor,person or entity previously selected if the Owner or Architect makes reasonable objection to such substitution. § 5.3 SUBCONTRACTUAL RELATIONS By appropriate agreement,written where legally required for validity,the Contractor shall require each Subcontractor,to the extent of the Work to be performed by the Subcontractor,to be bound to the Contractor by terms of the Contract Documents,and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work,which the Contractor,by these Documents, assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights,and shall allow to the Subcontractor,unless specifically provided otherwise in the subcontract agreement,the benefit of all rights,remedies and redress against the Contractor that the Contractor,by the Contract Documents,has against the Owner.Where appropriate,the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors.The Contractor shall make available to each proposed Subcontractor,prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and,upon written request of the Subcontractor,identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may Init. AIA Document A201 TM,—2007.Copyright Q 1911,1915.1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA" Document is protected by U.S.Copyright Law and international Trestles.Unauthorised 20 reproduction or distribution of this AEA"' Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 08:22:44 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1429174125) be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. § 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS § 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner,provided that .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor in writing;and .2 assignment is subject to the prior rights of the surety,if any,obligated under bond relating to the Contract. When the Owner accepts the assignment of a subcontract agreement,the Owner assumes the Contractor's rights and obligations under the subcontract. § 5.4.2 Upon such assignment,if the Work has been suspended for more than 30 days,the Subcontractor's compensation shall be equitably adjusted for increases in cost resulting from the suspension. § 5.4.3 Upon such assignment to the Owner under this Section 5.4,the Owner may further assign the subcontract to a successor contractor or other entity. If the Owner assigns the subcontract to a successor contractor or other entity, the Owner shall nevertheless remain legally responsible for all of the successor contractor's obligations under the subcontract. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS § 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner,the Contractor shall make such Claim as provided in Article 15. § 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site,the term "Contractor"in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. § 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the Contractor,who shall cooperate with them.The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules.The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement.The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. § 6.1.4 Unless otherwise provided in the Contract Documents,when the Owner performs construction or operations related to the Project with the Owner's own forces,the Owner shall be deemed to be subject to the same obligations and to have the same rights that apply to the Contractor under the Conditions of the Contract,including,without excluding others,those stated in Article 3,this Article 6 and Articles 10, 11 and 12. § 6.2 MUTUAL RESPONSIBILITY § 6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. § 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor,the Contractor shall, prior to proceeding with that portion of the Work,promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that MA Document A201 T"—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963.1966.1970.1976,1987,1997 and 2007 by Toe American Init. Institute of Architects.All rights reserved.WARNING:This AlA'0 Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 21 reproduction or distribution of this AIA� Document,or any portion of it,may result in severe civil and criminal penalties.and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 08:22:44 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1429174125) the Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work,except as to defects not then reasonably discoverable. § 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a separate contractor because of the Contractor's delays, improperly timed activities or defective construction.The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a separate contractor's delays, improperly timed activities,damage to the Work or defective construction. § 6.2.4 The Contractor shall promptly remedy damage the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or separate contractors as provided in Section 10.2.5. § 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. § 6.3 OWNER'S RIGHT TO CLEAN UP If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish,the Owner may clean up and the Architect will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK § 7.1 GENERAL § 7.1.1 Changes in the Work may be accomplished after execution of the Contract,and without invalidating the Contract,by Change Order,Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. § 7.1.2 A Change Order shall be based upon agreement among the Owner,Contractor and Architect;a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor;an order for a minor change in the Work may be issued by the Architect alone. § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents,and the Contractor shall proceed promptly,unless otherwise provided in the Change Order,Construction Change Directive or order for a minor change in the Work. § 7.2 CHANGE ORDERS § 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner,Contractor and Architect stating their agreement upon all of the following: .1 The change in the Work; .2 The amount of the adjustment,if any,in the Contract Sum; and .3 The extent of the adjustment,if any, in the Contract Time. § 7.3 CONSTRUCTION CHANGE DIRECTIVES § 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment,if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive,without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions,the Contract Sum and Contract Time being adjusted accordingly. § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum,the adjustment shall be based on one of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or Init. AIA Document A201T.'-2007.Copyright®191'l,1915.1918,1925.1937,1951,1958,1951,1953,1965,1970,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA" Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 22 reproduction or distribution of this AlA' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 08:22:44 on 07/08/2015 under Order No.3299611217 1 which expires on 10/30/2015,and is not for resale. User Notes: (1429174125) .4 As provided in Section 7.3.7. § 7.3.4 If unit prices are stated in the Contract Documents or subsequently agreed upon,and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor,the applicable unit prices shall be equitably adjusted. § 7.3.5 Upon receipt of a Construction Change Directive,the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. § 7.3.6 A Construction Change Directive signed by the Contractor indicates the Contractor's agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. § 7.3.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum,the Architect shall determine the method and the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change,including, in case of an increase in the Contract Sum,an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement,a reasonable amount. In such case,and also under Section 7.3.3.3,the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents,costs for the purposes of this Section 7.3.7 shall be limited to the following: .1 Costs of labor,including social security, old age and unemployment insurance, fringe benefits required by agreement or custom,and workers' compensation insurance; .2 Costs of materials, supplies and equipment,including cost of transportation,whether incorporated or consumed; .3 Rental costs of machinery and equipment,exclusive of hand tools,whether rented from the Contractor or others; .4 Costs of premiums for all bonds and insurance,permit fees, and sales,use or similar taxes related to the Work;and .5 Additional costs of supervision and field office personnel directly attributable to the change. § 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change,the allowance for overhead and profit shall be figured on the basis of net increase,if any,with respect to that change. § 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner,the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines, in the Architect's professional judgment,to be reasonably justified. The Architect's interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15. § 7.3.10 When the Owner and Contractor agree with a determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time,or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Architect will prepare a Change Order. Change Orders may be issued for all or any part of a Construction Change Directive. § 7.4 MINOR CHANGES IN THE WORK The Architect has authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes will be effected by written order signed by the Architect and shall be binding on the Owner and Contractor. AIA Document A201 T"-2007.Copyright CD 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIA"' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 23 reproduction or distribution of this AIAy Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 08:22:44 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1429174125) ARTICLE 8 TIME § 8.1 DEFINITIONS § 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments,allotted in the Contract Documents for Substantial Completion of the Work. § 8.1.2 The date of commencement of the Work is the date established in the Agreement. § 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. § 8.1.4 The term"day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 8.2 PROGRESS AND COMPLETION § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract.By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing,prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner.The date of commencement of the Work shall not be changed by the effective date of such insurance. § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. § 8.3 DELAYS AND EXTENSIONS OF TIME § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Architect,or of an employee of either,or of a separate contractor employed by the Owner;or by changes ordered in the Work; or by labor disputes, fire,unusual delay in deliveries,unavoidable casualties or other causes beyond the Contractor's control;or by delay authorized by the Owner pending mediation and arbitration; or by other causes that the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. § 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15. § 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 CONTRACT SUM The Contract Sum is stated in the Agreement and,including authorized adjustments,is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. § 9.2 SCHEDULE OF VALUES Where the Contract is based on a stipulated sum or Guaranteed Maximum Price,the Contractor shall submit to the Architect, before the first Application for Payment, a schedule of values allocating the entire Contract Sum to the various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule,unless objected to by the Architect,shall be used as a basis for reviewing the Contractor's Applications for Payment. § 9.3 APPLICATIONS FOR PAYMENT § 9.3.1 At least ten days before the date established for each progress payment,the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2,for completed portions of the Work. Such application shall be notarized,if required,and supported by such data substantiating the Contractor's right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers,and shall reflect retainage if provided for in the Contract Documents. Init. AM Document A201'"—2007.Copyright 01911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 24 reproduction or distribution of this AlA" Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 08:22:44 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1429174125) § 9.3.1.1 As provided in Section 7.3.9,such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Architect,but not yet included in Change Orders. § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or material supplier,unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.2 Unless otherwise provided in the Contract Documents,payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner,payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest,and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall,to the best of the Contractor's knowledge,information and belief,be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors,material suppliers,or other persons or entities making a claim by reason of having provided labor,materials and equipment relating to the Work. § 9.4 CERTIFICATES FOR PAYMENT § 9.4.1 The Architect will,within seven days after receipt of the Contractor's Application for Payment, either issue to the Owner a Certificate for Payment,with a copy to the Contractor,for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Section 9.5.1. § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluation of the Work and the data comprising the Application for Payment,that,to the best of the Architect's knowledge, information and belief,the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion,to results of subsequent tests and inspections,to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect.The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified.However,the issuance of a Certificate for Payment will not be a representation that the Architect has(1)made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2)reviewed construction means,methods, techniques, sequences or procedures, (3)reviewed copies of requisitions received from Subcontractors and material • suppliers and other data requested by the Owner to substantiate the Contractor's right to payment,or(4)made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 9.5 DECISIONS TO WITHHOLD CERTIFICATION § 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part,to the extent reasonably necessary to protect the Owner,if in the Architect's opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application,the Architect will notify the Contractor and Owner as provided in Section 9.4.1. If the Contractor and Architect cannot agree on a revised amount,the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or,because of subsequently discovered evidence,may nullify the whole or a part of a Certificate for Payment previously issued,to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible,including loss resulting from acts and omissions described in Section 3.3.2,because of .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; AlA Document A201"'—2007.Copyright CO 1911,1915,1918,1925,1937.1951,1958,1961.1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIA5 Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 25 reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 08:22:44 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1429174125) .3 failure of the Contractor to make payments properly to Subcontractors or for labor,materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a separate contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time,and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated failure to carry out the Work in accordance with the Contract Documents. § 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. § 9.5.3 If the Architect withholds certification for payment under Section 9.5.1.3,the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or material or equipment suppliers to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check,the Owner shall notify the Architect and the Architect will reflect such payment on the next Certificate for Payment. § 9.6 PROGRESS PAYMENTS § 9.6.1 After the Architect has issued a Certificate for Payment,the Owner shall make payment in the manner and within the time provided in the Contract Documents,and shall so notify the Architect. § 9.6.2 The Contractor shall pay each Subcontractor no later than seven days after receipt of payment from the Owner the amount to which the Subcontractor is entitled,reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor's portion of the Work.The Contractor shall,by appropriate agreement with each Subcontractor,require each Subcontractor to make payments to Sub-subcontractors in a similar manner. § 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days,the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid.Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by law. § 9.6.5 Contractor payments to material and equipment suppliers shall be treated in a manner similar to that provided in Sections 9.6.2,9.6.3 and 9.6.4. § 9.6.6 A Certificate for Payment,a progress payment,or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials,or both,under contract with the Contractor for which payment was made by the Owner.Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, shall create any fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. § 9.7 FAILURE OF PAYMENT If the Architect does not issue a Certificate for Payment,through no fault of the Contractor,within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount certified by the Architect or awarded by binding AlA Document A201° —2007.Copyright*1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.AN rights reserved.WARNING:This AIA°' Document is protected by U.S.Copyright Law and lnternallonal Treaties.Unauthorized 26 reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 08:22:44 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1 4291 741 2 5) dispute resolution,then the Contractor may,upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-down, delay and start-up,plus interest as provided for in the Contract Documents. § 9.8 SUBSTANTIAL COMPLETION § 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. § 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately,is substantially complete,the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. § 9.8.3 Upon receipt of the Contractor's list,the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect's inspection discloses any item,whether or not included on the Contractor's list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use,the Contractor shall, before issuance of the Certificate of Substantial Completion,complete or correct such item upon notification by the Architect. In such case,the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. § 9.8.4 When the Work or designated portion thereof is substantially complete,the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion,shall establish responsibilities of the Owner and Contractor for security,maintenance,heat,utilities,damage to the Work and insurance,and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate.Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. § 9.9 PARTIAL OCCUPANCY OR USE § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor,provided such occupancy or use is consented to by the insurer as required under Section 11.3.1.5 and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete,provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage,if any, security,maintenance,heat,utilities,damage to the Work and insurance,and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete,the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld.The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or,if no agreement is reached,by decision of the Architect. § 9.9.2 Immediately prior to such partial occupancy or use,the Owner,Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9.9.3 Unless otherwise agreed upon,partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. AIA Document A201''-2007.Copyright 0 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIA'A Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 27 reproduction or distribution of this AlAe Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by ALA software at 08:22:44 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1429174125) § 9.10 FINAL COMPLETION AND FINAL PAYMENT § 9.10.1 Upon receipt of the Contractor's written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment,the Architect will promptly make such inspection and,when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed,the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's on-site visits and inspections,the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable.The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect(1)an affidavit that payrolls,bills for materials and equipment,and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered(less amounts withheld by Owner)have been paid or otherwise satisfied, (2)a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner,(3)a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4)consent of surety, if any,to final payment and(5),if required by the Owner,other data establishing payment or satisfaction of obligations, such as receipts,releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract,to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner,the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien.If such lien remains unsatisfied after payments are made,the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien,including all costs and reasonable attorneys' fees. § 9.10.3 If,after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion,and the Architect so confirms,the Owner shall,upon application by the Contractor and certification by the Architect,and without terminating the Contract,make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents,and if bonds have been furnished,the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens,Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. § 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for initiating,maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. § 10.2 SAFETY OF PERSONS AND PROPERTY § 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage,injury or loss to .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein,whether in storage on or off the site,under care,custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcontractors; and AMA Document A201 m--2007.Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AlAe Document is protected by U.S.Copyright law and international Treaties.Unauthorized 28 reproduction or distribution of this AIA" Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 08:22:44 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1429174125) .3 other property at the site or adjacent thereto,such as trees, shrubs, lawns,walks,pavements, roadways, structures and utilities not designated for removal,relocation or replacement in the course of construction. § 10.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations,and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. § 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection,including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. § 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work,the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. § 10.2.5 The Contractor shall promptly remedy damage and loss(other than damage or loss insured under property insurance required by the Contract Documents)to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor,a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3,except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them maybe liable, and not attributable to the fault or negligence of the Contractor.The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 3.18. § 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents.This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. § 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. § 10.2.8 INJURY OR DAMAGE TO PERSON OR PROPERTY If either party suffers injury or damage to person or property because of an act or omission of the other party,or of others for whose acts such party is legally responsible,written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. § 10.3 HAZARDOUS MATERIALS § 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor,the Contractor shall,upon recognizing the condition,immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. § 10.3.2 Upon receipt of the Contractor's written notice,the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and,in the event such material or substance is found to be present,to cause it to be rendered harmless. Unless otherwise required by the Contract Documents,the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance.The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner,the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection.When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order,the Contract Time shall be NA Document A201 rw—2007.Copyright 0 1911.1915.1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987.1997 and 2007 by The American Init. Institute of Architects,All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 29 reproduction or distribution of this AlA5 Document,or any portion or it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 08:22:44 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1429174125) extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut-down,delay and start-up. § 10.3.3 To the fullest extent permitted by law,the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect's consultants and agents and employees of any of them from and against claims,damages, losses and expenses,including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless,provided that such claim, damage,loss or expense is attributable to bodily injury, sickness,disease or death,or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage,loss or expense is due to the fault or negligence of the party seeking indemnity. § 10.3.4 The Owner shall not be responsible under this Section 10.3 for materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents.The Owner shall be responsible for materials or substances required by the Contract Documents, except to the extent of the Contractor's fault or negligence in the use and handling of such materials or substances. § 10.3.5 The Contractor shall indemnify the Owner for the cost and expense the Owner incurs(1)for remediation of a material or substance the Contractor brings to the site and negligently handles,or(2)where the Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner's fault or negligence. § 10.3.6 If, without negligence on the part of the Contractor,the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents,the Owner shall indemnify the Contractor for all cost and expense thereby incurred. § 10.4 EMERGENCIES In an emergency affecting safety of persons or property,the Contractor shall act,at the Contractor's discretion,to prevent threatened damage,injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7. ARTICLE 11 INSURANCE AND BONDS § 11.1 CONTRACTOR'S LIABILITY INSURANCE § 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations and completed operations under the Contract and for which the Contractor may be legally liable,whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them,or by anyone for whose acts any of them may be liable: .1 Claims under workers' compensation,disability benefit and other similar employee benefit acts that are applicable to the Work to be performed; .2 Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; .3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor's employees; .4 Claims for damages insured by usual personal injury liability coverage; .5 Claims for damages, other than to the Work itself,because of injury to or destruction of tangible property, including loss of use resulting therefrom; .6 Claims for damages because of bodily injury, death of a person or property damage arising out of ownership,maintenance or use of a motor vehicle; .7 Claims for bodily injury or property damage arising out of completed operations; and .8 Claims involving contractual liability insurance applicable to the Contractor's obligations under Section 3.18. § 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in the Contract Documents or required by law,whichever coverage is greater. Coverages,whether written on an occurrence or claims-made basis, shall be maintained without interruption from the date of commencement of the AIA Document A201 r",—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIA5 Document is protected by U.S.Copyright Law and international Treaties.Unauthorized 30 reproduction or distribution of this AIA' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 08:22:44 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1429174125) Work until the date of final payment and termination of any coverage required to be maintained after final payment, and,with respect to the Contractor's completed operations coverage,until the expiration of the period for correction of Work or for such other period for maintenance of completed operations coverage as specified in the Contract Documents. § 11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work and thereafter upon renewal or replacement of each required policy of insurance. These certificates and the insurance policies required by this Section 11.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days'prior written notice has been given to the Owner. An additional certificate evidencing continuation of liability coverage,including coverage for completed operations, shall be submitted with the final Application for Payment as required by Section 9.10.2 and thereafter upon renewal or replacement of such coverage until the expiration of the time required by Section 11.1.2. Information concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate,or both, shall be furnished by the Contractor with reasonable promptness. § 11.1.4 The Contractor shall cause the commercial liability coverage required by the Contract Documents to include(1)the Owner,the Architect and the Architect's consultants as additional insureds for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's operations;and(2)the Owner as an additional insured for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's completed operations. § 11.2 OWNER'S LIABILITY INSURANCE The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. § 11.3 PROPERTY INSURANCE § 11.3.1 Unless otherwise provided,the Owner shall purchase and maintain,in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located,property insurance written on a builder's risk "all-risk"or equivalent policy form in the amount of the initial Contract Sum,plus value of subsequent Contract Modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Section 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 11.3 to be covered, whichever is later.This insurance shall include interests of the Owner,the Contractor, Subcontractors and Sub-subcontractors in the Project. § 11.3.1.1 Property insurance shall be on an "all-risk" or equivalent policy form and shall include,without limitation, insurance against the perils of fire(with extended coverage)and physical loss or damage including,without duplication of coverage,theft,vandalism,malicious mischief, collapse, earthquake,flood,windstorm, falsework, testing and startup,temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements,and shall cover reasonable compensation for Architect's and Contractor's services and expenses required as a result of such insured loss. § 11.3.1.2 If the Owner does not intend to purchase such property insurance required by the Contract and with all of the coverages in the amount described above,the Owner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance that will protect the interests of the Contractor, Subcontractors and Sub-subcontractors in the Work,and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain insurance as described above,without so notifying the Contractor in writing,then the Owner shall bear all reasonable costs properly attributable thereto. § 11.3.1.3 If the property insurance requires deductibles,the Owner shall pay costs not covered because of such deductibles. § 11.3.1.4 This property insurance shall cover portions of the Work stored off the site,and also portions of the Work in transit. AIA Document A201 r"'—2007.Copyright n 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966.1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 31 reproduction or distribution of this MA' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 08:22:44 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1429174125) § 11.3.1.5 Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise.The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall,without mutual written consent,take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. § 11.3.2 BOILER AND MACHINERY INSURANCE The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law,which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner,Contractor, Subcontractors and Sub-subcontractors in the Work, and the Owner and Contractor shall be named insureds. § 11.3.3 LOSS OF USE INSURANCE The Owner,at the Owner's option,may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards,however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner's property, including consequential losses due to fire or other hazards however caused. § 11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy,the Owner shall,if possible, include such insurance,and the cost thereof shall be charged to the Contractor by appropriate Change Order. § 11.3.5 If during the Project construction period the Owner insures properties,real or personal or both,at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period,the Owner shall waive all rights in accordance with the terms of Section 11.3.7 for damages caused by fire or other causes of loss covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. § 11.3.6 Before an exposure to loss may occur,the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Section 11.3. Each policy shall contain all generally applicable conditions,definitions,exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire,and that its limits will not be reduced,until at least 30 days' prior written notice has been given to the Contractor. § 11.3.7 WAIVERS OF SUBROGATION The Owner and Contractor waive all rights against(1)each other and any of their subcontractors, sub-subcontractors,agents and employees, each of the other,and(2)the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their subcontractors, sub-subcontractors,agents and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Section 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor,as appropriate, shall require of the Architect,Architect's consultants, separate contractors described in Article 6,if any, and the subcontractors, sub-subcontractors, agents and employees of any of them,by appropriate agreements,written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification,contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. § 11.3.8 A loss insured under the Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds,as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section 11.3.10.The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor,and by appropriate agreements,written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner. AIA Document A2011"—2007.Copyright®1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 32 reproduction or distribution of this Ale Document,or any portion of ft,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 08:22:44 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1429174125) § 11.3.9 If required in writing by a party in interest,the Owner as fiduciary shall,upon occurrence of an insured loss, give bond for proper performance of the Owner's duties.The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account proceeds so received,which the Owner shall distribute in accordance with such agreement as the parties in interest may reach, or as determined in accordance with the method of binding dispute resolution selected in the Agreement between the Owner and Contractor. If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience,replacement of damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with Article 7. § 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power;if such objection is made,the dispute shall be resolved in the manner selected by the Owner and Contractor as the method of binding dispute resolution in the Agreement. If the Owner and Contractor have selected arbitration as the method of binding dispute resolution,the Owner as fiduciary shall make settlement with insurers or,in the case of a dispute over distribution of insurance proceeds, in accordance with the directions of the arbitrators. § 11.4 PERFORMANCE BOND AND PAYMENT BOND § 11.4.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. § 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract,the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12.1 UNCOVERING OF WORK § 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents,it must,if requested in writing by the Architect,be uncovered for the Architect's examination and be replaced at the Contractor's expense without change in the Contract Time. § 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior to its being covered,the Architect may,request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents,costs of uncovering and replacement shall,by appropriate Change Order, be at the Owner's expense. If such Work is not in accordance with the Contract Documents, such costs and the cost of correction shall be at the Contractor's expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. § 12.2 CORRECTION OF WORK § 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents,whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed.Costs of correcting such rejected Work, including additional testing and inspections,the cost of uncovering and replacement, and compensation for the Architect's services and expenses made necessary thereby, shall be at the Contractor's expense. § 12.2.2 AFTER SUBSTANTIAL COMPLETION § 12.2.2.1 In addition to the Contractor's obligations under Section 3.5,if,within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1,or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents,the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition.The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work,if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction,the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct AIA Document A201Th`—2007.Copyright 01911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970.1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 33 reproduction or distribution of this ADie Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 08:22:44 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1429174125) nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect,the Owner may correct it in accordance with Section 2.4. § 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. § 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. § 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction,whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work that is not in accordance with the requirements of the Contract Documents. § 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work,and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced,nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. § 12.3 ACCEPTANCE OF NONCONFORMING WORK If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents,the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS § 13.1 GOVERNING LAW The Contract shall be governed by the law of the place where the Project is located except that,if the parties have selected arbitration as the method of binding dispute resolution,the Federal Arbitration Act shall govern Section 15.4. § 13.2 SUCCESSORS AND ASSIGNS § 13.2.1 The Owner and Contractor respectively bind themselves,their partners, successors, assigns and legal representatives to covenants, agreements and obligations contained in the Contract Documents. Except as provided in Section 13.2.2,neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent,that party shall nevertheless remain legally responsible for all obligations under the Contract. § 13.2.2 The Owner may,without consent of the Contractor,assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. § 13.3 WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual,to a member of the firm or entity, or to an officer of the corporation for which it was intended; or if delivered at,or sent by registered or certified mail or by courier service providing proof of delivery to,the last business address known to the party giving notice. § 13.4 RIGHTS AND REMEDIES § 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties,obligations,rights and remedies otherwise imposed or available by law. AM Document A201 TM—2007.Copyright 01911,1915,1918,1925,1937,1951,1958,1981,1963,1966,1970,1976, 1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 34 reproduction or distribution of this AlA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 08:22:44 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1429174125) § 13.4.2 No action or failure to act by the Owner,Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract,nor shall such action or failure to act constitute approval of or acquiescence in a breach there under, except as may be specifically agreed in writing. § 13.5 TESTS AND INSPECTIONS § 13.5.1 Tests,inspections and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws, statutes,ordinances, codes,rules and regulations or lawful orders of public authorities. Unless otherwise provided,the Contractor shall make arrangements for such tests,inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority,and shall bear all related costs of tests, inspections and approvals.The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures.The Owner shall bear costs of(1)tests,inspections or approvals that do not become requirements until after bids are received or negotiations concluded,and(2)tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Contractor. § 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing,inspection or approval not included under Section 13.5.1,the Architect will,upon written authorization from the Owner,instruct the Contractor to make arrangements for such additional testing,inspection or approval by an entity acceptable to the Owner,and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Section 13.5.3,shall be at the Owner's expense. § 13.5.3 If such procedures for testing, inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents,all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses shall be at the Contractor's expense. § 13.5.4 Required certificates of testing,inspection or approval shall,unless otherwise required by the Contract Documents,be secured by the Contractor and promptly delivered to the Architect. § 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents,the Architect will do so promptly and,where practicable, at the normal place of testing. § 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. § 13.6 INTEREST Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or,in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. § 13.7 TIME LIMITS ON CLAIMS The Owner and Contractor shall commence all claims and causes of action,whether in contract,tort,breach of warranty or otherwise, against the other arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in the Agreement within the time period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Contractor waive all claims and causes of action not commenced in accordance with this Section 13.7. ARTICLE 14. TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 TERMINATION BY THE CONTRACTOR § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor,for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; AIA Document A201 rH—2007.Copyright 01911,1911,1915,1918,1925.1937,1951,1958,1961,1963,1986,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIAN Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 35 reproduction or distribution of this AIAQ° Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 08:22:44 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1429174125) .2 An act of government, such as a declaration of national emergency that requires all Work to be stopped; .3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1,or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents;or .4 The Owner has failed to furnish to the Contractor promptly,upon the Contractor's request,reasonable evidence as required by Section 2.2.1. § 14.1.2 The Contractor may terminate the Contract if,through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor,repeated suspensions,delays or interruptions of the entire Work by the Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion,or 120 days in any 365-day period,whichever is less. § 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists,the Contractor may,upon seven days' written notice to the Owner and Architect,terminate the Contract and recover from the Owner payment for Work executed, including reasonable overhead and profit,costs incurred by reason of such termination,and damages. § 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has repeatedly failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work,the Contractor may,upon seven additional days' written notice to the Owner and the Architect,terminate the Contract and recover from the Owner as provided in Section 14.1.3. § 14.2 TERMINATION BY THE OWNER FOR CAUSE §14.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 repeatedly disregards applicable laws, statutes, ordinances,codes,rules and regulations,or lawful orders of a public authority; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 14.2.2 When any of the above reasons exist,the Owner,upon certification by the Initial Decision Maker that sufficient cause exists to justify such action,may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice,terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 Exclude the Contractor from the site and take possession of all materials, equipment,tools, and construction equipment and machinery thereon owned by the Contractor; .2 Accept assignment of subcontracts pursuant to Section 5.4;and .3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Contractor,the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1,the Contractor shall not be entitled to receive further payment until the Work is finished. § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work,including compensation for the Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner,as the case may be, shall be certified by the Initial Decision Maker,upon application,and this obligation for payment shall survive termination of the Contract. AMA Document A201'""—2007.Copyright©1911,1915,1918,1825,1937,1951,1958,1961.1963,1966,1970,1976,1987.1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U,S.Copyright Law and International Treaties.Unauthorized 36 reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted In / the maximum extent possible under the law.This document was produced by AIA software at 08:22:44 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1429174125) § 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE § 14.3.1 The Owner may,without cause, order the Contractor in writing to suspend,delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. § 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Section 14.3.1.Adjustment of the Contract Sum shall include profit.No adjustment shall be made to the extent .1 that performance is,was or would have been so suspended,delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. § 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE § 14.4.1 The Owner may, at any time,terminate the Contract for the Owner's convenience and without cause. § 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience,the Contractor shall .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice,terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. § 14.4.3 In case of such termination for the Owner's convenience,the Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination,along with reasonable overhead and profit on the Work not executed. ARTICLE 15 CLAIMS AND DISPUTES § 15.1 CLAIMS § 15.1.1 DEFINITION A Claim is a demand or assertion by one of the parties seeking, as a matter of right,payment of money,or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract.The responsibility to substantiate Claims shall rest with the party making the Claim. § 15.1.2 NOTICE OF CLAIMS Claims by either the Owner or Contractor must be initiated by written notice to the other party and to the Initial Decision Maker with a copy sent to the Architect,if the Architect is not serving as the Initial Decision Maker. Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim,whichever is later. § 15.1.3 CONTINUING CONTRACT PERFORMANCE • Pending final resolution of a Claim,except as otherwise agreed in writing or as provided in Section 9.7 and Article 14,the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. The Architect will prepare Change Orders and issue Certificates for Payment in accordance with the decisions of the Initial Decision Maker. § 15.1.4 CLAIMS FOR ADDITIONAL COST If the Contractor wishes to make a Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. § 15.1.5 CLAIMS FOR ADDITIONAL TIME § 15.1.5.1 If the Contractor wishes to make a Claim for an increase in the Contract Time,written notice as provided herein shall be given.The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary. AIA Document A201""—2007.Copyright 01911,1915,1918,1925,1937,1951,1958,1961,1963,1986,1970,1976,1987,1997 and 2007 by The American Init. Institute of Archltecis.Ail rights reserved.WARNING:This Ale Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to 37 the maximum extent possible under the law.This document was produced by AIA software at 08:22:44 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1429174125) § 15.1.5.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time,could not have been reasonably anticipated and had an adverse effect on the scheduled construction. § 15.1.6 CLAIMS FOR CONSEQUENTIAL DAMAGES The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract.This mutual waiver includes .1 damages incurred by the Owner for rental expenses, for losses of use, income,profit, financing, business and reputation,and for loss of management or employee productivity or of the services of such persons;and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there,for losses of financing,business and reputation,and for loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable,without limitation,to all consequential damages due to either party's termination in accordance with Article 14.Nothing contained in this Section 15.1.6 shall be deemed to preclude an award of liquidated damages,when applicable,in accordance with the requirements of the Contract Documents. § 15.2 INITIAL DECISION § 15.2.1 Claims,excluding those arising under Sections 10.3, 10.4, 11.3.9, and 11.3.10,shall be referred to the Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker,unless otherwise indicated in the Agreement.Except for those Claims excluded by this Section 15.2.1,an initial decision shall be required as a condition precedent to mediation of any Claim arising prior to the date final payment is due,unless 30 days have passed after the Claim has been referred to the Initial Decision Maker with no decision having been rendered. Unless the Initial Decision Maker and all affected parties agree,the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. § 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the following actions: (1)request additional supporting data from the claimant or a response with supporting data from the other party, (2)reject the Claim in whole or in part, (3)approve the Claim,(4)suggest a compromise, or(5)advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that,in the Initial Decision Maker's sole discretion,it would be inappropriate for the Initial Decision Maker to resolve the Claim. § 15.2.3 In evaluating Claims,the Initial Decision Maker may,but shall not be obligated to,consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner's expense. § 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond,within ten days after receipt of such request,and shall either(1)provide a response on the requested supporting data, (2)advise the Initial Decision Maker when the response or supporting data will be furnished or(3)advise the Initial Decision Maker that no supporting data will be furnished. Upon receipt of the response or supporting data,if any, the Initial Decision Maker will either reject or approve the Claim in whole or in part. § 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim,or indicating that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall(1)be in writing; (2)state the reasons therefor;and(3)notify the parties and the Architect, if the Architect is not serving as the Initial Decision Maker, of any change in the Contract Sum or Contract Time or both.The initial decision shall be final and binding on the parties but subject to mediation and,if the parties fail to resolve their dispute through mediation,to binding dispute resolution. § 15.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 15.2.6.1. AIA Document A201'M—2007.Copyright W 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIAa Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized 38 reproduction or distribution of this AIAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 08:22:44 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1429174125) § 15.2.6.1 Either party may,within 30 days from the date of an initial decision,demand in writing that the other party file for mediation within 60 days of the initial decision. If such a demand is made and the party receiving the demand fails to file for mediation within the time required,then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision. § 15.2.7 In the event of a Claim against the Contractor,the Owner may,but is not obligated to,notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor's default,the Owner may,but is not obligated to,notify the surety and request the surety's assistance in resolving the controversy. § 15.2.8 If a Claim relates to or is the subject of a mechanic's lien,the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. § 15.3 MEDIATION § 15.3.1 Claims,disputes, or other matters in controversy arising out of or related to the Contract except those waived as provided for in Sections 9.10.4, 9.10.5,and 15.1.6 shall be subject to mediation as a condition precedent to binding dispute resolution. § 15.3.2 The parties shall endeavor to resolve their Claims by mediation which,unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of binding dispute resolution proceedings but,in such event, mediation shall proceed in advance of binding dispute resolution proceedings,which shall be stayed pending mediation for a period of 60 days from the date of filing,unless stayed for a longer period by agreement of the parties or court order.If an arbitration is stayed pursuant to this Section 15.3.2,the parties may nonetheless proceed to the selection of the arbitrator(s)and agree upon a schedule for later proceedings. § 15.3.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 15.4 ARBITRATION § 15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement,any Claim subject to,but not resolved by, mediation shall be subject to arbitration which,unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement.A demand for arbitration shall be made in writing, delivered to the other party to the Contract,and filed with the person or entity administering the arbitration.The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. § 15.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation,but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations.For statute of limitations purposes,receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the Claim. § 15.4.2 The award rendered by the arbitrator or arbitrators shall be final,and judgment maybe entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 15.4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof. § 15.4.4 CONSOLIDATION OR JOINDER § 15.4.4.1 Either party,at its sole discretion,may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that(1)the arbitration agreement governing the other arbitration AIA Document A201 r"—2007.Copyright 0 1911,1915,1918,1925,1937,1951,1958,1961,1963,1986.1970,1976,1987,1997 and 2007 by The American Init. Inslilule of Architects.All rights reserved.WARNING:This AIAitl Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 39 reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 08:22.44 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1429174125) permits consolidation, (2)the arbitrations to be consolidated substantially involve common questions of law or fact, and(3)the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 15.4.4.2 Either party, at its sole discretion,may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 15.4.4.3 The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under this Section 15.4,whether by joinder or consolidation,the same rights of joinder and consolidation as the Owner and Contractor under this Agreement. Init. AIA Document A201 m—2007.Copyright OD1911,1915,1918.1925,1937,1951.1958.1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AtA' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 40 reproduction or distribution of thls Ale Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 08:22:44 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1429174125) Additions and Deletions Report for AIA Document A201TM— 2007 This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added to the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from the original AIA text.Added text is shown underlined.Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document.This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 08:22:44 on 07/08/2015. PAGE 1 Miracle Field Flying Cloud Field Eden Prairie, MN City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Hansen Thorp Pellinen Olson, Inc. 7510 Market Place Drive Eden Prairie, MN 55344 Additions and Deletions Report for AIA Document A201 TM—2007.Copyright©1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976, 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document Is protected by U.S.Copyright Law and .� International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 08:22:44 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1429174125) Certification of Document's Authenticity AIA® Document D401 T M — 2003 I, Brian Recker,hereby certify,to the best of my knowledge, information and belief,that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 08:22:44 on 07/08/2015 under Order No. 3299611217_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA®Document A201TM—2007,General Conditions of the Contract for Construction,as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D401 t,1—2003.Copyright©1982 and 2003 by The American Institute of Architects.All rights reserved.WARNING:This AlAe Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA" Document,or any portion of it, may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 08:22:44 on 07/08/2015 under Order No.3299611217_1 which expires on 10/30/2015,and is not for resale. User Notes: (1429174125) CITY COUNCIL AGENDA DATE: SECTION: Consent July 14, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Jay Lotthammer, Director, Award Bids and Assign Contracts to RJM VIII.D. Parks and Recreation Construction for the Construction of the Miracle League Field Requested Action Move to: Award bids and assign contracts to RJM Construction for the construction of the Miracle League Field. Synopsis The Miracle League Fundraising Group has continued to raise funds through paver sales and naming rights. The contracts being recommended to be awarded are within the funds that have been raised and previously donated. RJM Construction has offered to donate their time to manage the project. A previous item requests authorization to enter into a Construction Management Agreement with RJM Construction. This method of construction management is identical the Aquatics Expansion Project. Attachment Bid Award Recommendation Letter "////// IIIIIIIIIIIIII�i�§ MINNEAPOLIS / PHOENIX / DENVER July 7, 2015 CONSTRUCTION Mr.Jay Lotthammer, Director of Parks and Recreation City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 RE: Miracle Field Recommendations for Award of Contract Dear Jay, Recently quotes were received for the Miracle Field project in Eden Prairie. A total of 16 quotes were received by RJM Construction for nine(9)categories. Attached is a bid summary by trade for each bid category and quote category. RJM has completed its review of the quotes and in addition to the quote review,we have also conducted a scope review with the apparent low bidder for each category. Based on the results of these reviews we recommend to the City Council that they award the contracts as follows: Survey HTPO $3,500.00 7510 Market Place Drive Eden Prairie, MN 55344 Earthwork Northwest Asphalt $30,675.00 1451 Stagecoach Road Shakopee, MN 55379-2797 Asphalt Paving Northland Paving $28,750.00 21716 Kenrick Avenue, Ste A Lakeville, MN 55044 Site Concrete C.R. Fischer $19,427.00 P.O. Box 448 Farmington, MN 55024 Dugouts H& B Specialized Products $21,853.00 6560 Edenvale Blvd 1=. Eden Prairie, MN 55346 701 Washington Avenue North#600 Minneapolis,Minnesota 55401 952-837-8600 RJMConstruction.com Dugout Benches Minnesota/Wisconsin Playgrounds $1,317.00 P.O. Box 27328 Golden Valley, MN 55427 Currently we are still finalizing the selections for the fencing, landscape pavers and signage. Once these work scopes have been finalized we will provide a final recommendation for the award of these final contracts. If you should have any questions, please do not hesitate to contact me. Sincerely, Brian Recker Senior Vice President CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 14, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Bill Olmschenk, Award Bid for Trail Rehabilitation Work to VIII.E. Parks Construction Supervisor, Bituminous Roadways, Inc. Parks and Recreation Motion Move to: Award the bid for the rehabilitation of bituminous bike trails along portions of Eden Prairie Road, State Highway 5, Golden Triangle Drive and Center Way to Bituminous Roadways, Inc. in the amount of$161,819.50. Synopsis The City advertised for the rehabilitation(reconstruction) of portions of the eight foot wide bituminous trails along sections of Eden Prairie Road(map location#1 and 2), State Highway 5 (map locations#3 and 4), Golden Triangle Drive (map location# 5) and Center Way(map location# 6). The plans and specifications were prepared for the rehabilitation of 10,615 lineal feet of 8 foot wide trail, and the installation of ten(10)new pedestrian/handicap ramps at various roadway crossings. The City received sealed bids from five contractors. Background The scope of this project is to replace the surface of existing 8 foot wide bituminous bike trail segments whose surface is rough, severely degraded and in extremely poor condition. In 2014 these trail segments ranked as being in poor condition(PCI under 70) in a city wide trail and sidewalk assessment that was done by GoodPointe Technology. These trail sections cannot be renovated using the standard surface treatment of a rock chip seal coat; these trail portions must be rebuilt to provide a safe and useable trail surface for the next 20+years. New concrete ramps will be installed to provide proper ADA transition access from the trail to the road surface at intersections where these type ramps are currently absent. The funding for this trail rehabilitation project comes from the Capital Improvement Program, Capital Maintenance and Reinvestment funding under the Parks and Recreation Department. The funding is designated for annual trail and sidewalk maintenance throughout the City. Award Bid for Trail Rehabilitation Work to Bituminous Roadways, Inc. July 14, 2015 Page 2 Bid Summary and Recommendation The summary of the bids submitted is as follows: Bituminous Roadways, Inc $161,819.50 Midwest Asphalt Corp. $164,919.75 Northwest Asphalt,Inc. $168,059.50 Minnesota Roadways Co. $200,354.15 ACI Asphalt Contractors $208,455.00 The staffs estimate for this trail rehabilitation project, based on 2014 bid/quote information, was $200,000. Each of the submitters met the guidelines as detailed in the bid specification document. Staff recommends the contract be awarded to Bituminous Roadways, Inc. The trail rehabilitation/reconstruction project work will begin in early August with completion by October 9, 2015. City staff will do the work of restoring the private property lawn areas disturbed by this project. Attachment 2015 Trail Rehabilitation Location Map 2015 TRAIL REHABILITATION WORK LOCATION MAP jprol .„, _ • ple o 4„,0 --. _� i - 1 U ,__ GER.IR005. . .:/jlant Lak: �_� ikni\'',',a, t'-‘ — 4;‘,.. 0 _--i6 "de It, , 0 km 1oundLa — . ci ,---� Aill ---,L_--_F_0'-7_-4\„.,-„.4-.-411.'1,1.1'. IIIIIIIiIs'PP--'- iiii(''''‘e''N-\Oft-)- ,'.'.'_'.'..-'...__W 'l•-'_' 'Nc'5-IlI'ilPslY ��EOR a 1 ,t•„ L ,°20s Lake Smetana �� ..'.‘-?. j:Tg1Ri,fr1, �� Lake Idlewild imi i __ Mitchell Lake T, 414, ^: o W. -1 ) — p it I IJ 5 HEIGHTS PO � 0,47. ........ / AnLakeNW kit � iteviiiiico, wr Iz 1 �IIVN \e\ r I �(N ___.„ Cp ili 1 _., N . pr ---- Red Rock Lake ger, \.:Ar wed , ' / _ -ivy 406 \ _ 1 _„ • i 7 J.I40. s litii„c \) Allir ;1 erson Lake SW \ 1 / o �i McCoy Lake11,16 )A �_L _ 1 ir N W � ,E S EDEN PRAIRIE July 6, 2015 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 14, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Paul Sticha, Administration, Award contract for 2015 Building VIII.F. Facilities Restoration repairs at 13 City owned buildings Requested Action Move to: Award contract for Building Restoration repairs (caulking, tuckpointing, sealants, block&brick repair, concrete repair, etc.)to Restoration Systems, Inc. for base bid and alternate G-2 in the amount of$94,939. Synopsis Base Bid Alternate G-2 Total American Masonry declined to bid Advanced Masonry declined to did A.J. Spanjers Co., Inc. attended pre-bid meeting, declined to bid Restoration Systems, Inc. $79,239 $15,700 $94,939 Flag Builders of Minnesota $90,682 $22,475 $113,157 Sebco attended pre-bid meeting, declined to bid Twin City Outdoor attended pre-bid meeting, declined to bid Western Specialty attended pre-bid meeting, declined to bid Background Information Specifications were written by Environmental Process Inc (EPI) and proposals were requested from eight contractors. American Restoration declined immediately as they were too busy. The other seven contractors said they would submit proposals. Six of the seven attended the pre-bid meeting held by EPI and City of Eden Prairie staff. Ultimately five of the seven declined to submit proposals. The proposal from Restoration Systems is within budget. Attachments • Letter of recommendation • Bid tabulation • Contract t.Y+,+ .i}r ENVIRONMENTAL PROCESS, INC. 3 4 Q= 715 Florida Ave.S.,Suite 111 18382 FM 302,Suite 103 r Golden Valley,MN 55426 Fax: 763-398-0121 Canyon Lake,TX 78133 763-398-3040 Phone: 888-733-3050 830-935-4909 epimpls@go-epi.com www.go-epi.com epitx@go-epi.com June 26, 2015 Mr. Paul Sticha Facilities Manager City of Eden Prairie 8080 Mitchell Road Eden Prairie, Minnesota 55344-4485 Re: City of Eden Prairie 2015 Exterior Building Envelope Maintenance EPI No.: 2015-667 Dear Mr. Sticha: Environmental Process, Inc. (EPI) reviewed the City of Eden Prairie - 2015 Exterior Building Envelope Maintenance project work scope with Mr. Bob Yaritz of Restoration Systems, Inc. and there were no questions. Bob Yaritz indicated that they will be ready to start work as in the tentative schedule or earlier. The work schedule will be discussed at the preconstruction meeting. Restoration Systems, Inc. is based in Chaska, Minnesota. EPI has worked with Restoration Systems, Inc. in the past. Restoration Systems, Inc. successfully completed the City of Eden Prairie—2008, 2009, 2010, 2011, 2012, 2013, and 2014 Exterior Building Envelope Maintenance projects. Based on the review of project work scope with Restoration Systems, Inc. and the fact that they are the low bidder we recommend awarding the project to them. EPI recommends that the base bid cost of $79,239.00 for the 2015 Exterior Building Envelope Maintenance project be accepted from Restoration Systems, Inc. In addition EPI recommends that Alternate G-2 (Art Center Guard Rail) cost of$15,700.00 also be accepted, for a total project cost of $94,939.00. Please call (763) 398-3040 with any questions, comments. Sincerely, ENVIRONMENTAL PROCESS, INC. tilt.fteaS 004pra Denny Langer, PE Project Manager Attachment: Recap of Bids An Equal Opportunity Employer CITY OF EDEN PRAIRIE 2015 EXTERIOR BUILDING ENVELOPE MAINTENANCE EPI 15-667 RECAP OF BIDS Bid Due Date:Thursday,.Tune 25,2015 Time: 10:00 AM CONTRACTOR BASE BID ALTERNATE ALTERNATE ALTERNATE BID BOND AFFIDAVIT CONTRACTOR Tuck-pointing Control Joint/ Caulk Replacement (Appendices GI G-2 G-3 OF NON- RESPONSIBILITY (CM-II/Brick) Expansion door/window, of Concrete A-M) (City Center (Art Center, (Maintenance COLLUSION AFFIDAVIT (Per Linear Joint head/Jambs/ Sidewalk/ North Patio Guard Rail) Facility Floor Ft.) Replacement sills(Per Patio(Per Concrete Control Joint (Per Linear Linear Ft.) Square ft) Stairway) Sealant) Ft.) A.J.Spanjers No Bid Company,Inc. • American Not Bidding Masonry 6-16-15 Restoration E-mail Flag Builders $90,682.00 $12,895.00 $22,475.00 $12,775.00 Yes Yes Yes $18.00 $12.00 $9.00 $18.00 (Check) Restoration $79,239.00 $13,200.00 $15,700.00 $13,044.00 Yes Yes Yes $8.00 $15.00 $9.00 $30.00 Systems,Inc_ Sebco No Bid Twin City Not Bidding Outdoor Service 6-23-15 E-mail Western No Bid Specialty Contractors Standard Agreement for Contract Services This Agreement ("Agreement") is made on the 14th day of July, 2015, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address EDEN is 8080 Mitchell Road, Eden Prairie, MN 55344, and Restoration Systems Inc., a Minnesota corporation (hereinafter "Contractor") whose business address is PRAIRIE 1605 Old Audubon Road, Chaska, MN 55318. I.IVE•WORK•[RFAM Preliminary Statement OFC 952 949 8388 The Cityhas adopted a policyregarding the selection and hiringof contractors to rn 95294911399 p g g goo s�z 94U uass provide a variety of services for City projects, That policy requires that persons, firms or corporations providingsuch services enter into written agreements with silenMairie,MN p g Eden Prairie,MN the City. The purpose of this Agreement is to set forth the terms and conditions 55344.4485 for the provision of services by Contractor for removing and replacing carpet in edenprairio.org the City Hall lobby areas, 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 the Project Manual developed by Environmental Process Inc, titled City of Eden Prairie 2015 Exterior Building Envelope Maintenance and dated June 4, 2015. Work includes the Base Bid and Alternate G-2. 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 July 14, 2015. The Work shall be completed by October 31, 2015. 3, Obligations of Contractor. Contractor shall conform to the following obligations: a, Contractor shall provide the materials and services as set forth in the Project Manual. 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 fixed sum of $94,939.00, as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in the Project Manual. 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: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor has designated Bob Yaritz 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. 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. Standard Agreement for Contract Services 2014.01 Page 2 of 8 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. 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. Standard Agreement for Contract Services 2014.01 Page 3 of 8 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. 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: Standard Agreement for Contract Services 2014.01 Page 4 of 8 i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 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: Standard Agreement for Contract Services 2014.01 Page 5 of 8 Bob Yaritz Restoration Systems Inc. 1605 Audubon Road Chaska, MN 55318 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. 13, Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14, 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 Standard Agreement for Contract Services 2014.01 Page 6 of 8 in all of its subcontracts far 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 Vl 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 Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 19. hts 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. pamages. 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 Standard Agreement for Contract Services 2014.01 Page 7 of 8 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 Nancy Tyra-Lukens, Its Mayor Rick Getschow, Its City Manager RESTORATION SYSTEMS INC. Blake Dronen, Its Vice President Standard Agreement for Contract Services 2014.01 Page 8 of 8 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 14, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Joan Karst, Administration, Recarpet Upper Level Public Areas at VIII. G. Facilities City Hall Requested Action Move to: Award the contract for replacement of the upper level public area carpet in City Hall to Acoustics Associates. Synopsis Base Bid Acoustics Associates $51,556 LaVan Flooring $57,259 St. Paul Linoleum & Carpet $75,809 Thoroughbred Carpet Declined to Bid Plans and specifications were prepared by Baker Associates for carpet replacement for upper and lower level City Hall. The carpet replacement will be done in stages over three years as budgeted in the CIP. The first stage includes the entry lobby, Council Chamber, atrium stairways and mezzanine hallway. Four quotes were requested, but even though Thoroughbred walked the building and measured the areas, they ultimately declined to submit a quote. Attachment Construction Contract with contractor's quote attached as Exhibit A Standard Agreement for Contract Services �fl 1. Yi•l This Agreement ("Agreement") is made on the le day of July, 2015, between EDEN the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Acoustics Associates Inc, a Minnesota corporation (hereinafter "Contractor") whose business address is PRAI RI E 1250 Zane Avenue North, Golden Valley, MN 55422_ I.IVF•WUAM•DrIEAM Preliminary Statement �F C 052 949 8300 FAX 552 94S 8390 The City has adopted a policy regarding the selection and hiring of contractors to MD 952 949 8399 provide a variety of services for City projects. That policy requires that persons, 8080MitGi,uiisd firms or corporations providing such services enter into written agreements with Eden Prairie,MN the City. The purpose of this Agreement is to set forth the terms and conditions 5544 4483 for the provision of services by Contractor for removing and replacing carpet in edenproirio.org the City Hall lobby areas, hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Sce 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 aver 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 July 14, 2015, The Work shall be completed by October 31, 2015. 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. a. 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. Citv'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 fixed sum of$51, 556.00, as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this 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: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor has designated Gary Carlson 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. 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: Standard Agreement for Contract Services 2014.01 Page 2 of 8 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. 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. Standard Agreement for Contract Services 2014.01 Page 3 of 8 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 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: 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. Standard Agreement for Contract Services 20 I4.0I Page 4 of 8 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: Gary Carlson Acoustics Associates, Inc. 1250 Zane Avenue North Minneapolis, MN 55422 Standard Agreement For Contract Services 201,1.01 Page 5 018 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; Joan Karst 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 for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14, 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_ Standard Agreement for Contract Services 20I4.01 Page 6 of 8 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 Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 19. 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. 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 Standard Agreement for Contract Services 2014.01 Page 7 of 8 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 Nancy Tyra-Lukens, Its Mayor Rick Getschow, Its City Manager ACOUSTICS ASSOCIATES, INC By: Its: Standard Agreement for Contract Services 2014.0 I Page 8 of 8 11i ! E f1 PAElE EØ • COUStic S Fax '163-S+e-8 W W W 01 . $SQCIATES,CO i eraa.inhk Parrmors --_ ..ACOIISTICSA Am of >rad P�.ds ASSOCIATES 1250 Zane Ayr firieth lch Chiouti-fra cards Goldrn Valliry,MN 55422 Date: 6-19-15 To: Eden Prairie Comm Ctr Lobby carpet job Name; Eden Prairie Lobby carpet materials Location: Eden Prairie,MN Attn: Architect: We propose to furnish the following materials for the above job in accordance with terms and conditions below of this proposal. Labor and equipment for installation is included unless specifically stated to the contrary: Eden Prairie Comm. Ctr. Lobby Carpet; Includes: Carpet Adhesive Shipping Deliveries Fill Deducers $32,682.00 Does not include tax. ST3 to be supplied to Acoustics Associates at the time of order, For the Sum Of: _ $32,682.00 FOB: _JOB SITE Delivery: INCLUDED On all flooring work,purchaser certifies the subsurface(s)to be properly cured, hardened,moisture protected and prepared par specified or generally accepted manufacturer&standard for the performance set out in this proposal. Acoustics Associates, Inc will not be held responsible or liable for any defects of finished product due to improper or This proposal is subject to acceptance within 30 days. TI;F MS: Net cash payment for 90%of value of material delivered on jab,and labor for installing materials in job,during previous 30 day period;shall be done IU11 of hollowing month. Balance net cash 30 days after completion. Unpaid balances after 60 days will be subject to interest at the annual rate of 12%. if collection efforts are required to achieve payment,purchaser shall be responsible fur all costs incurred including attorney's fees. All taxes now or hereafter levied by any Federal;State or local authority, upon sale of flaegoing materials,are not included in the price and shall be paid by purchaser unless specially stated otherwise in this proposal. Accepted By; Acoustics Associates,Inc Title: _ Date: _Gary Carlson Customer Order#: Project Manager I--k1l I `' %'\ P 2 C ry Aaue�sE�i; St iCS 783-544-891n Paz763-544-2928 W WW.AC-OUSTICSASSOCIATES.COM luml�Pitors Accantial&fund pz.d. ASSOCIATES -- - 1250 ZaarAvrNarth Cliailuarderaciricarti GoWru YAW,MN 55422 Date: 6-19-15 To: Eden Prairie Community Ctr Lobby Cpt, Job Name: Comm.Ctr, Lobby Cpt. Location: Eden Prairie,MN Addenda: Attn: Architect: We propose to furnish the following materials for the above job in accordance with terms and conditions below of this proposal. Labor and equipment for installation is included unless specifically stated to the contrary: Labor to replace Lobby carpet. Includes demo and install labor: $18,874.00 For the Sum Of: $18,874.00 FOB: JOB SITE Delivery: INCLUDED On all flooring work,purchaser certifies the subsurface(s)to be properly cured, hardened, moisture protected and prepared per specified or generally accepted manufacturers'standard for the performance set out in this proposal. Acoustics Associates. Inc will not be held responsible or liable for any defects of finished product due to improper or This proposal is subject to acceptance within 30 days. TERMS:Net cash payment fur 90%of value of material delivered on job,and labor For installing materials in job,during previous 30 day period;shall be done l0'1.of following month. Balance net cash 30 days after completion.Unpaid balances after GO days will be subject to interest at the annual rate of 12%.If collection efforts are required Go achieve payment,purchaser shall be responsible for all costs incurred including attorney's fees. All taxes now or hereafter Levied by any Federal,State or local authority,upon sale of foregoing materials,are not included in the price and shall be paid by purchaser unless specially stated otherwise in this proposal. Accepted By: Acoustics Associates,Inc Title: Date: Gary Carlson Customer Order#: Project Manager Exi—' t Hi /1 PpG uuu ii, `. n::: ,_ \• Ji W , Ill . . 811 M1 • .. r \ 7 q- • m WI • .., MIO, jeommall ' .. U I ■ > M ,].., � IF p 1_7L J`r■ m 10 I WI I OM% ,y, 0 , m r 4 _el, ,., 41 , .:, t _____ . A r It 1 i , r , ,74,.._ till..., ,,,_, .,.,.. .. .'C' .I...t!., . '' LF I f' ill _, ,- 9 t 7 Ii lii S U N ./00> 1 Hfli.Iflh1JU dd I • O g 1 Y E i- 3i /1 A64L O C irt, 'I T c ca" , S IL 7/ • %Mill Ei rL „JAL ( `sue A2L 5 I,10 Acc Jr 1 ■ I _ MEZZANINE > H I i 1 i A PA 0 f- . ___ .. ilIl I PLANNING n a a a K.15' 7)--F -- ..,,. COUNCIL CHAMBERS 41111111 / II. 1 III ,,. " • '�i11►I E t -NEERIN Wb . c 2 .b. f _ it I T F r 4, , / .. 1 im., --H. IUIL INC :NSP C1LO\15 1 ..\ /0 7-kg -01- f- ,/I. ' fir -VC---I C+ ) f " la , / NO A 1 1 r ° o 7. P o a o 11_ CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda July 14, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Sue Kotchevar, Office of the Resolution for reimbursement of prior VIII.H. City Manager expenditures Requested Action Move to: Adopt Resolution declaring the City's official intent to reimburse itself for prior expenditures out of the proceeds of a subsequently issued series of bonds. Synopsis IRS regulations require that a City make a declaration of its official intent to reimburse itself for prior expenditures out of the proceeds of a subsequently issued series of bonds and that the expenditures reimbursed be capital expenditures or costs of issuance of the bonds. With this resolution, the City is declaring its intent to issue bonds as part of the financing for the West 70th Street project. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE UNDERTAKEN BY THE CITY; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota(the "City"), as follows: 1. Recitals. (a) The Internal Revenue Service has issued Section 1.150-2 of the Income Tax Regulations (the "Regulations") dealing with the issuance of bonds, all or a portion of the proceeds of which are to be used to reimburse the City for project expenditures made by the City prior to the date of issuance. (b) The Regulations generally require that the City make a declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued series of bonds within 60 days after payment of the expenditures, that the bonds be issued and the reimbursement allocation be made from the proceeds of such bonds within the reimbursement period(as defined in the Regulations), and that the expenditures reimbursed be capital expenditures or costs of issuance of the bonds. (c) The City desires to comply with requirements of the Regulations with respect to certain projects hereinafter identified. 2. Official Intent Declaration. (a) The City proposes to undertake the following project or projects and to make original expenditures with respect thereto prior to the issuance of reimbursement bonds, and reasonably expects to issue reimbursement bonds for such project or projects in the maximum principal amounts shown below: Project Maximum Amount of Bonds Expected to be Issued for Project West 70th Street Project $2,000,000 (b) Other than(i) de minimis amounts permitted to be reimbursed pursuant to Section 1.150-2(f)(1) of the Regulations or(ii) expenditures constituting preliminary expenditures as defined in Section 1.150-2(f)(2) of the Regulations, the City will not seek reimbursement for any original expenditures with respect to the -1- foregoing projects paid more than 60 days prior to the date of adoption of this resolution. All original expenditures for which reimbursement is sought will be capital expenditures or costs of issuance of the reimbursement bonds. 3. Budgetary Matters. As of the date hereof, there are no City funds reserved, pledged, allocated on a long term basis or otherwise set aside (or reasonably expected to be reserved,pledged, allocated on a long term basis or otherwise set aside)to provide permanent financing for the original expenditures related to the projects, other than pursuant to the issuance of the reimbursement bonds. Consequently, it is not expected that the issuance of the reimbursement bonds will result in the creation of any replacement proceeds. 4. Reimbursement Allocations. The City's financial officer shall be responsible for making the "reimbursement allocations" described in the Regulations,being generally the transfer of the appropriate amount of proceeds of the reimbursement bonds to reimburse the source of temporary financing used by the City to make payment of the original expenditures relating to the projects. Each reimbursement allocation shall be made within 30 days of the date of issuance of the reimbursement bonds, shall be evidenced by an entry on the official books and records of the City maintained for the reimbursement bonds and shall specifically identify the original expenditures being reimbursed. ADOPTED by the City Council on July 14, 2015. Nancy Tyra-Lukens, Mayor (Seal) ATTEST: Kathleen Porta, City Clerk -2- CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 14, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Administration Approve Contract with the Ultimate Software Alecia Rose, Human Resources Group, Inc. for Recruitment and Onboarding VIII. I. Manager modules Requested Action Move to: Approve the Contract with the Ultimate Software Group, Inc. for Recruitment and Onboarding modules. Synopsis In 2008 the City entered into an agreement with Taleo Business Edition Services to provide an applicant tracking software in order to streamline recruitment efforts online. While the service from Taleo has been acceptable, the City sees opportunity for increased efficiency and an enhanced applicant experience by using Ultimate Software Group, Inc's Recruitment and Onboarding modules to replace Taleo's services. In November of 2014 the City changed its HRIS and Payroll Service Provider to Ultimate Software Group, Inc. By combining the Payroll, HRIS, Recruitment, and Onboarding functions with one service provider, the City will streamline the applicant to new hire process and reduce the need for multiple data entries. Ultimate Software Group, Inc. is offering a three year contract, with no price increases through the first three years. The implementation costs have been waived and the pricing structure is as follows: • $1.30 per Compensated Employee per month guaranteed for three years. This averages out to approximately$10,920 per year. Comparably, Taleo was charging $10,800 per year. Ultimate Software Group, Inc's software would offer the following additional functionality: • Completely integrated applicant tracking software that flows into the HRIS and payroll database automatically, with no repeated data entry; • Upgrades to the system on at least an annual basis, included in the pricing; The move to Ultimate Software Group, Inc will be beneficial for the Human Resources Division and hiring managers throughout the City. Attachment SaaS Services Agreement DocuSign Envelope ID: 1581E2D4-88C2-4D4B-BB7A-35FBOD373913 UltiPro Talent Acquisition Supplement to the Ultimate Software Group,Inc. UltiPro Workplace Agreement This Supplement entered into this 15th day of June, 2015 ("Effective Date"), by and between Ultimate Software Group,Inc. (hereafter"Ultimate Software")and City of Eden Prairie(hereafter"Customer"). Whereas,Ultimate Software and Customer entered into an Ultimate Software Group, Inc. UltiPro Agreement with an Effective Date of November 18,2014 (the"Agreement"), and an Addendum with an Effective Date of December 17,2014 (the"Addendum"),(hereinafter collectively referred to as the"UltiPro Agreement"). Whereas, CUSTOMER desires to purchase the UltiPro Talent Acquisition services from Ultimate Software in accordance with the terms and conditions set forth and agreed to below. Now,Therefore,the Parties agree as follows: 1. Recruiting and Onboarding Service: Ultimate Software shall provide to Customer its UltiPro Talent Acquisition(Recruiting and Onboarding)automated recruiting and applicant tracking services. The UltiPro Talent Acquisition services provided to Customer allow posting of open jobs,reviewing resumes,screening candidates,scheduling interviews,and more-from the central UltiPro portal,including but not limited to services that automate and simplify the process of bringing new employees into the organization; helps to manage logistical details-providing a desk,phone,computer,etc.-that need to be completed before new employees arrive for the first day of work;allows configuration of onboarding packages that walk new employees through the orientation process and required paperwork including required government and procedural forms(with electronic signatures);and validates new hire I-9 information through the U.S. Citizenship and Immigration Services and Department of Homeland Security's E-Verify(r)program. 2. Pricing Schedule: 671 Compensated Employees UItiPro Talent Acquisition (UltiPro Recruiting and UltiPro Onboarding) One Time Implementation and Activation Fee $0.00(No Charge) Subscription Fee—$1.30 per Compensated Employee per month The Subscription Fee above is part of Section 4A of the Agreement and is quoted on a Per Employee Per Month (herein referred to as "PEPM") basis. The computed monthly PEPM amount (number of Compensated Employees and if applicable number of HR Only Employees multiplied by the applicable Subscription Fee) may increase or decrease if the number of Compensated Employees, HR Only Employees, or Terminated Web Employees increases or decreases but in no event will the Subscription Fee be calculated on less than five hundred and twenty(520) Compensated Employees. Commencing on the Effective Date of this Supplement and for a period of thirty-six(36) months thereafter, Ultimate Software agrees not to increase the UltiPro Talent Acquisition Subscription Fees. Any increase thereafter shall not exceed five percent (5%)per annum. 2013 1 DocuSign Envelope ID: 1581E2D4-88C2-4D4B-BB7A-35FB0D373913 3. Payment Terms: A. Subscription Fee—UltiPro Talent Acquisition (UltiPro Recruiting-and UltiPro Onboarding-) The Subscription Fees are due quarterly and invoiced thirty(30) days in advance of the quarter commencing on the UltiPro Talent Acquisition Live Date(defined as the earlier of the date for either the UltiPro Recruiting or UltiPro Onboarding application having been configured and available for Customer's use in a production environment). The amount due upon the UltiPro Talent Acquisition Live Date is payment for the first quarter of this Supplement. S2,616.90 Term and Termination: This Supplement will be coterminous with the Agreement. Either party shall have the right to terminate this Supplement upon thirty (30) days prior written notice upon any breach hereof by the other party,provided the party in breach shall not have cured such breach during such thirty (30) day period. Upon termination of this Supplement, all rights granted to Customer will terminate and revert to Ultimate Software. Ultimate Software reserves the right to commence charging the Subscription Fee to the Customer prior to the Live Date for UltiPro Talent Acquisition if the Customer by its action, inaction or lack of cooperation causes the Live Date for UltiPro Talent Acquisition to be delayed. 5. All other terms and conditions of the Agreement are reaffirmed and remain unchanged by this Supplement. In the event of a conflict between the terms of this Supplement and the Agreement, the terms of this Supplement will govern. City of Eden Prairie The Ultimate Software Group,Inc. By: By: Nancy Tyra-Lukens Its Mayor Name: By Rick Getschow Its City Manager • Title: Date: Date: • 2013 2 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 14, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Police Department Declare Abandoned Property VIII.J. Lieutenant Greg Weber Requested Action Move to: Declare property as abandoned. Synopsis The Eden Prairie Police Department has accumulated a quantity of bicycles, stereo/electronic equipment, and miscellaneous items that remain unclaimed. City Code 2.86 Subd. 2, Disposal of Unclaimed Property, requires adoption of a resolution by City Council to declare unclaimed property that has been in the possession of the City for over 90 days as "abandoned property." Background Information In the course of municipal operations, the Eden Prairie Police Department's Evidence/Property Room has several items that have lawfully come into its possession that remain unclaimed by the owners and have been in its possession for at least 90 days. In accordance with City Code Section 2.86 Subdivision 2 C., the Police Department would like to dispose of this property by sale to the highest bidder at a public auction through the City of Eden Prairie. In addition, in accordance with City Code 2.86 Subdivision C, the Police Department would like to convert certain items for City use. Attachments Exhibit A—Abandoned Property Exhibit B—Converted Property Eden Prairie Police Department Exhibit A 8080 Mitchell Road Abandoned Property Eden Prairie, MN 55344 Case Number Tag# Description Serial Number 2007-00046925 13098 (1)Pair of Jeans 2008-00023461 0807EP0366 (2)Gift Cards from SuperAmerica 2009-00025969 0909EP0089 Hickory H&B Softball Bat 2009-00030633 0906EP0673 Car Jack 2009-00030633 0906EP0677 Locking Plate&Bag for Jack Wrench&Handle 2009-00030633 0906EP0682 (5)Lugnuts 2009-00030633 0907EP0062 Red Bolt Cutter 2009-00030633 0907EP0063 Flat Screwdriver,Red&Black Handle 2009-00030633 0907EP0064 Flat Screwdriver,Wooden Handle 2009-00030633 0907EP0065 Socket Wrench 2009-00030633 0907EP0066 Flat Screwdriver,Blk/Yel Handle 2009-00030633 0907EP0067 (9)Black Phillips Screws 2009-00030633 0907EP0068 (5)Metal Screws{1-Allen&4-Phillips Head} 2009-00030633 0907EP0071 (7)Sockets 2009-00030633 0907EP0072 (2)Jack Handles 2009-00030633 0907EP0073 Dewalt DW057 Cordless Drill&18 volt Battery 2009-00030633 0907EP0075 (1)Large Close-ended Lugnut 2009-00030633 0907EP0076 (24)Lugnuts,Close-ended 2009-00030633 0907EP0077 (1)Lugnut,Shorter/Hex-head 2009-00030633 0907EP0078 (1)Car Jack 2009-00030633 0907EP0079 Large Socket(End-7/8") 2009-00030633 0907EP0080 Socket Extension 2009-00030633 0907EP0081 Black Lug Wrench 2009-00030633 0907EP0084 Flat Head Screwdriver w/Yel/Red Handle 2010-00019399 740 30 GB iPod 8k7114rrvpm 2010-00021165 942 Black Leather Bag w Misc Tools 2010-00021165 943 Crowbar with Yellow Handle 2010-00021165 944 Nail Puller,Blue in Color 2010-00021165 945 Air Pump,Performance Tool,C-Clamp 2010-00021165 946 Red LED Flashlight 2010-00021165 949 (2)Flathead Screwdrivers,(1)Glass Cutter Page 1 of 6 Eden Prairie Police Department Exhibit A 8080 Mitchell Road Abandoned Property Eden Prairie, MN 55344 2010-00021165 950 Flashlight,Silver in Color 2010-00021165 953 Misc Automotive Hand Tools 2010-00021165 954 Black Case w/Blue Point Diagnostic Scanner Mod MT586BK 96900107 2010-00021165 956 Milwaukee Compact Driver B30A007461109 2010-00021165 957 Blue Point Tube Cutter w Red Case,Mod TF-528-D 2010-00021165 958 Mac Compression Test Kit/Red Case,Mod CT50/100 2010-00021165 959 Craftsman In-Vehicle Charger/Box 2010-00021165 960 Plastic Bin w Misc Hand Tools,Wrenches,Sockets,etc 2010-00021165 963 Makita Impact Drill 18v 0188707Y 2010-00021165 1044 (3)GearWrenches 1 1/16,1 1/8,and 1 1/4 2010-00021165 1045 Craftsman 13 Piece Metric Wrench Set 2010-00021165 1046 Fluke 115 Ture RMS Multimeter 2010-00031099 1225 iPod Roadtrip Charger 2010-00040211 1690 Black Cincinnati Reds Baseball Cap 2011-00010378 1219 Black Safe 2011-00010378 1230 (2)Safe Keys 2011-00054092 4425 (6)Misc Gift Cards 2011-00054092 4746 Bag containing(3)New Clothing Items w/Tags 2011-00054092 4747 Nintendo Box containing Wheel Accessory 2011-00054092 4748 Nook Color E-Reader 2012970014662000 2011-00054092 4749 TomTom GPS Unit w/Power Cord 8M6381A07540 2011-00054092 4750 TomTom GPS Unit w/Power Cord L41587G82183 2012-00003584 2029 Garmin GPS w/Power Cord 2012-00013023 2679 Canon ELPH 300 HS PowerShot Camera 272061005172 2012-00026399 3664 RS Money Counter 2012-00027943 5943 Flashlight&Lighter 2012-00027943 5950 Schwinn SX2000 Bicycle SN1DCO7H19401 2012-00027943 5954 Golf Balls 2012-00027943 5955 Black&Decker Tree Pruner 2012-00027943 5976 (3)Fishing Rod&Reels 2012-00027943 5977 Pair of CCM Ice Skates in CCM Box 2012-00030124 3306 Garmin GPS Unit&Charger Page 2 of 6 Eden Prairie Police Department Exhibit A 8080 Mitchell Road Abandoned Property Eden Prairie, MN 55344 2012-00034714 3379 Viridian Laser Sight for Firearm 2012-00044003 3944 Several Coins 2012-00044003 3945 Bag of Coins 2012-00044003 3946 Challenge coin,earring,penny,silver chain bracelet 2012-00044003 3947 Iraq bank note,gold colored Ted Williams baseball card 2013-00002910 7742 (1)Black Flashlight&(1)Teal Flashlight 2013-00002910 7760 Verizon Samsung 4G LTE Hotspot in Box 2013-00002910 7762 Misc Hair Care Products 2013-00002910 7764 Misc Skin Care Products 2013-00002910 7765 (2)Bottles of Eyeglass Cleaner 2013-00021355 8662 (5)Assorted DVD Sets 2013-00021355 8663 Black Bowling Bag,Shoes&Accessories 2013-00021355 8666 (5)Assorted Wii Games 2013-00021355 8667 Black Bowling Bag,Shoes&Accessories 2013-00021355 8668 Bath Towels,Bath Mat&Stuffed Animal 2013-00021355 8669 (6)Pair Nike Shoes&(5)"59"Hats 2013-00021355 8670 (2)T-Shirts&Sandals 2013-00021355 8671 iHome Black Backpack containing(5)DVD Sets,(1)Silver Necklace,(1)Pair of Gucci Sunglasses,Apple Power Cord 2013-00021355 8672 Canon Photo Paper and Ink,(2)Boxes 2013-00021355 8673 Magic Bullet Blender 2013-00021355 8674 Salvatore Ferragamo Shoes(8D)from Nordstrom 2013-00021355 8675 (2)Pair Sperry Brand Top-Sider Shoes(13M)&Socks 2013-00021355 8677 Black Aldo Brand Bag w/Black Nike Air Shoes(Sz 12) 2013-00040615 9696 iPhone 5,Black in Color 2013-00045907 10055 Bostitch Fastener Nailer 2013-00045907 10056 Campbell Hausfeld Brad Nailer DK591000AV 2013-00045907 10057 Makita Saw 0164669 2013-00045907 10058 Paslode Nailer 401936 2013-00045907 10059 Ridgid Circular Saw G043203609 2013-00045907 10060 Ryobi Sawsall CS093363653 2013-00045907 10061 Senco Nailer 072D1744 2013-00045907 10062 Paslode Nailer 0251F0382 Page 3 of 6 Eden Prairie Police Department Exhibit A 8080 Mitchell Road Abandoned Property Eden Prairie, MN 55344 2013-00045907 10063 Hitachi Finish Nailer 0010993 2013-00045907 10064 Ryobi Circular Saw CS093394106 2013-00045907 10065 Ryobi Drill CS093313633 2013-00045907 10066 Makita Circular Saw 01 52 Y 2013-00045907 10067 Hitachi Coil Nailer 2013-00045907 10068 Milwaukee Hammer Drill B01BD11050445 2013-00045907 10069 Tool Shop Jigsaw 241-9835 2013-00045907 10070 Bosch Sander 891000444 2013-00045907 10071 Paslode Nailer 1205A0447 2013-00045907 10072 Paslode Nailer 042750090 2013-00045907 10073 Paslode Nailer 0545A1493 2013-00045907 10074 Makita Drill w/Extension 0038917Y 2013-00045907 10075 Master Force Drill 121042 2013-00045907 10076 Green Bin w/Miscellaneous Hand Tools,Hitch,Tire Jack,&Scrap Copper 2013-00045907 10077 Brown Canvas Bag w/Miscellaneous Hand Tools 2014-00001301 10469 Dewalt Drill&Misc Drill Bits in Green Atlantic Bag 265624 2014-00001301 10470 Brown Paper Bag w/Misc Tools 2014-00006027 7922 (1)$50 Target Gift Card&(1)$25 Green Mill Gift Card 2014-00018270 11581 (1)Pair of Stud Earrings,Clear Stone 2014-00018270 11582 (1)Pearl Earring(with no back) 2014-00018270 11583 Gold Timex Watch 2014-00019999 11735 Stowaway 5 Gear Blue Mtn Bike w/Rack&Third Wheel A800629 2014-00020311 11745 Citizen Eco Drive Mens Watch,Black/Silver 272828 2014-00023816 11943 (1)Gold Earring 2014-00023816 11944 Dark Purple Earrings 2014-00023816 11945 Turquoise Gem Ring 2014-00023816 11947 (1)Charger 2014-00023816 11948 Adrenaline Female Watch w/White Band 2014-00023816 11950 Polar Watch w/Black Band 2014-00024226 11998 K2 ATTACK 24 Green Adult Bicycle AL12B112835 2014-00024537 11988 Razor Street Style Orange Adult One-speed,Snake Skin Pattern Tires CS071030782 2014-00025438 12027 Lightning Rod Page 4 of 6 Eden Prairie Police Department Exhibit A 8080 Mitchell Road Abandoned Property Eden Prairie, MN 55344 2014-00028503 12241 Calvin Klein Black Leather Jacket 2014-00028503 12242 Mossimo Mens Khaki Pants w/Tags Size 30x30 2014-00028503 12255 Wormgear Fiberglass Fishing Pole--Red 2014-00028503 12256 Zebco Micro Fishing Pole--Black 2014-00028503 12257 (1)Pair of Mongoose Extreme Blue/Black/Orange Gloves 2014-00029116 12237 Raleigh SkyliteTechnium Beige Adult 18 speed,Red Bag w/Lock R830070203 2014-00029801 12258 One Silver Colored Earring w/Turquoise Stone-Shepherd Hook Style 2014-00029801 12259 Silver Necklace-No Pendant 2014-00029801 12260 Samsung Charger 2014-00029801 12262 (1)Timex Watch,(1)IronMan Watch 2014-00029801 12263 (2)Pearl Post Earrings 2014-00029801 12265 One Black Nylon Necklace w/Plastic Turtle Pendant 2014-00030412 12319 Specialized Crossroads Elite,Black Adult,8 speed Bicycle 80744043 2014-00031293 12360 Specialized SR SLNTOUR Mtn Black Mens Bike,24 speed w/Cable Lock P8DHB1167 2014-00032043 12379 RayBan Light Brown/Dark Brown Womens Glasses(Not Sunglasses)in Black Case 5206 2445 52 18 140 2014-00032043 12381 White Womans Watch w/Silver Dial FMDMO530 2014-00034050 12492 Thruster BMX Freestyle Bicycle,Bright Orange in Color G1211118797 2014-00034144 12497 Black Outdoor Backpack 2014-00034773 12557 Giant Boulder Silver/Blue/White Mens Mtn Bike C20H7901 2014-00035179 12560 Apple iPod C3RKPLKQFFCJ 2014-00035669 12572 Next PowerX Red/Silver Mens 18sp LWKD063181 2014-00035949 12673 Next Avalon Purple/White Adult Bicycle GS121114316 2014-00036098 12678 Schwinn Ranger Blue/White Adult Bicycle SNIDC08M29361 2014-00037347 12636 Green/Black Masterforce Tool Bag containing Numerous Miscellaneous Tools 2014-00037355 12637 (1)Silver Colored Ring w/Clear Stones&(1)Gold Ring w/(3)Red Stones&(2)Clear Stones 2014-00037355 12640 Silver/Gold Band w/Clear Stones 2014-00037763 12669 Raleigh MXR Red/Blk Boys BMX ACF04G012837 2014-00037808 12661 Prescription Sunglasses in Black Case 2014-00038076 12668 Silver Ring w/Leaves of Black Hills Gold 2014-00038128 12676 Kent Lajolla Black Mens Bike,24"Tires w/Orange Rims GS120520973 2014-00038827 12697 Silver Ring w/five clear stones-Missing two stones 2014-00039119 12729 Schwinn Clear Creek Charcoal Colored 18 Spd-wired bike lock,1 black bike lock&rack SNMN808E14380 Page 5 of 6 Eden Prairie Police Department Exhibit A 8080 Mitchell Road Abandoned Property Eden Prairie, MN 55344 2014-00041323 13446 Floor Jack 2014-00041639 12834 Relic Mens Watch,Silver in Color 2014-00041639 12835 Sport Watch,Black in Color 2014-00041639 12837 Sandisk MP3 Player Model e250,Black in Color w/White Samsung Earbuds 2014-00041639 12839 Cobra Walkie-Talkie,Black in Color 2014-00042481 12873 Bag containing:(1)Pink Ralph Lauren Kids Jacket;(1)Black Kids NorthFace Hooded Sweatshirt,(1)Purple Columbia Kids Jacket 2014-00046577 13158 (1)Mens Stainless Steel Silver Ring w/(1)Large Red Stone in Center 2014-00048907 13274 (1)Box containing(9)GE 400 watt Light Bulbs 2014-00049420 13286 Ring,Gold Color w/Diamond like Insert 2014-00049420 13290 One Earring Post,with Clear Stone 2014-00049420 13291 One Silver Colored Ring,Small Size 2015-00002669 13447 One Pair of Post Pearl-like Earrings 2015-00002669 13450 One$25 Gift Card to SuperAmerica 2015-00007106 13697 Gift Cards:Target$10,Mall of America$25,Lunds&Byerlys$25(Values Current as of 05-19-15) 2015-00007106 13699 BlackAnt Black Bluetooth Earpiece Q334039483 2015-00007106 13700 Silver Colored Men's Ring 2015-00007106 13701 Broken White Silver Colored Chain w/Cross Pendant w/Clear Stones 2015-00008162 13785 Roadmaster MTN Sport Blue w/Green Lettering 18 spd Bike SNFSD10A42007 2015-00008680 13811 Bose Soundlink Bluetooth Speaker Model 414255 III&Power Cord 061392942891881AE Page 6 of 6 Eden Prairie Police Department Exhibit B 8080 Mitchell Road Converted Property Eden Prairie, MN 55344 Case Number Tag# Description Serial Number 1 2007-00046925 0906EP0525 (2) CD's- KSTP.com 5 Eyewitness News Story 2008-00021548 0812HC0057 Tanita Scale 2009-00054991 0911EP0500 $.55 in Change 2009-00054991 0912EP0002 Leatherman Tool 2010-00014928 663 HP DV4T-1400 Laptop Computer w/Cords CND9353338 2010-00019399 743 Bushnell 10X25 Binoculars 13-2516 2010-00019399 748 (7) -One Dollar Bills=$7 2010-00019399 749 (1) Roll of 20 US Quarters=$5 2010-00028146 1052 Two Digital Scales 2010-00037501 1584 (1)Airsoft Machine Gun 2010-00037501 1585 (1)Jar Airsoft Pellets 2010-00051852 2142 Powerline BB Gun (Pistol), Black+ BB's/Pellets 2011-00003467 1069 Grey Metal First Alert Safe 2011-00038278 1736 Digital Scale in Box 2012-00000209 3351 .20 grams Black Tar Heroin (NARK+) 2012-00003076 2082 Blade Digital Scale 2012-00006269 2231 Digital Scale 2012-00009057 2378 Black Digital Scale 2012-00011871 2613 Digital Scale 2012-00011871 2613 Packaging Materials 2012-00013023 2666 American Weigh Digital Scale 2012-00013023 2675 $3.00 in Currency 2012-00019241 2953 Hashish Press 2012-00022530 3017 93 pills/24.68 grams of Suspected Ecstasy 2012-00022530 3019 12.23 grams of Cocaine 2012-00027938 3199 Digital Scale 2012-00034714 3369 2.55 grams powder Heroin (NARK+) 2012-00034714 3371 Clonazepam pills& (17) Buprenorphine pills (9.96 grams) & pkg 2012-00034714 3384 1.31 grams Heroin (NARK+) 2012-00034714 3399 Samsung Galaxy Tab2 R32C7088JCD 2012-00044281 3518 .20g Heroin Page 1 of 2 Eden Prairie Police Department Exhibit B 8080 Mitchell Road Converted Property Eden Prairie, MN 55344 2012-00053737 4104 Fuzion Digital Scale 2013-00002910 7729 HP Pavilion g7 Laptop w/Cord 6CF2016RPH 2013-00002910 7733 16 GB iPad in Black Case GB0226HZZ38 2013-00002910 7738 $14 in Cash 2013-00002910 7740 $2 in Cash 2013-00002910 7751 $2 in Cash 2013-00002910 7757 (1) Samsung Cell Phone Charger 2013-00002910 7758 (2) Motorola Cell Phone Charger Cords 2013-00017559 9952 $240 Cash 2014-00002794 7457 Digital Scale Model#M600 2014-00002794 7458 AWS Blade 100 Black Digital Scale 2014-00024330 11984 One$50 BILL 2014-00029801 12261 (1) $20 Bill 2014-00029875 12275 Airsoft Gun - Replica Glock Handgun 2014-00041639 12841 $17.00 in Cash/Coin 2014-00041639 12843 $.50-(2) Quarters 2014-00042452 12967 $7 in Cash 2014-00042473 12877 5 x$20 Bills=$100 2014-00049420 13287 One$5 Bill 2014-00049420 13289 One$5 Bill 2015-00002177 13426 $25 Cash 2015-00002669 13448 One$10 Bill 2015-00004604 13569 $58.20 Cash &Coins 2015-00005660 13640 $331 in US Currency Converted drugs are used for police canine training. Page 2 of 2 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 14, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: #11-5800 Adopt ITEM NO.: Rod Rue Resolution Approving Amendment No. VIII.K. 05776-1 for the southern segment of the Public Works/Engineering Shady Oak Road Improvements Requested Action Move to: Adopt resolution approving Agreement Amendment No. 05776-1 with MnDOT for the southern segment of the Shady Oak Road Improvements Synopsis This agreement amendment provides for the reduction in the final lump sum payment to the City due to the cost of the State Furnished Materials for the reconstruction of the TH 212 interchange and Shady Oak Road(CSAH 61) (State Project No. 2763-49). Background Information The Cooperative Construction Agreement approved and executed on May 6, 2014 included MnDOT's "not to exceed" participation share of $7,000,000. In order to include City costs for State Furnished Materials for traffic signal equipment and avoid making payment back to MnDOT, the amendment to the agreement deducts the cost of the materials from the remaining amount due to the City. The southern segment of the Shady Road Improvements will provide new traffic signals at the following four intersections with Shady Oak Road; City West Parkway (Bryant Lake Drive), Highway 212 north and south ramps and Flying Cloud Drive. Construction is currently 30% complete and expected to be substantially complete in November 2015. Financial Implications The original Construction Cooperative Agreement provided for$7,000,000.00 in cost participation through the State Transportation Economic Development Program. The cost of the State Furnished Materials is $134,688.00. The City has received$3,500,000.00 to date and will receive the remaining $3,365,312.00 upon completion of 50% of the construction contract. Attachments • Resolution • MnDOT Construction Cooperative Agreement Amendment No. 05776-1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- APPROVE MNDOT AMENDMENT NO. 05776-1 FOR THE SOUTHERN SEGMENT OF THE SHADY OAK ROAD (CSAH 61)IMPROVEMENTS I.C. 11-5800 WHEREAS, the City of Eden Prairie has prepared construction plans for the construction of Shady Oak Road (CSAH 61) designated by the City as I.C. 11-5800 from approximately 800 feet north of Rowland Road to 600 east of Flying Cloud Drive; and WHEREAS, Cooperative Construction Agreement No. 05776 has been approved and executed by the City of Eden Prairie to provide for maintenance obligations as well as payment by the State to the City of the State's share of the costs of the Shady Oak road interchange improvements and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 212 at Shady Oak Road within the corporate City Limits under state project No. 2763-49 (T.H. 212=005); and WHEREAS, Amendment No. 05776-1 provides for credit to the State for the City's share of the costs of State Furnished Materials provided for traffic signal cabinets, controllers, ITS camera, vehicle detection, communications equipment and accessories to connect equipment. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that said Amendment No. 05776-1 for State Project No. 2763-49 (T.H. 212=005)(City Project No.11- 5800) is hereby approved and the Mayor and City Manager are authorized to execute the Amendment on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on July 14, 2015. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk MnDOT Contract No : 05776-1 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And CITY OF EDEN PRAIRIE AMENDMENT NO . 1 State Project Number (S.P.) : 2763 -49 Original Amount Encumbered Trunk Highway Number (T.H.) : 212=005 $7,000,000. 00 Bridge Number : 2763 -27W10 State Aid Number (S.A.P.) : 027-661-050 Amended Amount State Aid Number (S.A.P.) : 181-020-030 ($ 134,688. 00) State Aid Number (S .A.P.) : 181- 106-004 City Project Number: 11-5800 Total Obligation Lighting System Feed Point No. City $6,865,312. 00 Signal System ID : 22216, 22117, 22116, 22175 This Amendment is between the State of Minnesota, acting through its Commissioner of Transportation ( " State ") and City of Eden Prairie acting through its Board of Commissioners ( " County" ) . Recitals 1 . The State has a contract with the City identified as MnDOT Contract No . 05776 (" Original Contract") to provide payment by the State to the City for the State's share of the costs of the grading, bituminous surfacing, storm sewer, concrete curb and gutter, water main and sanitary sewer, traffic signals, lighting, landscaping, signing, striping, retaining walls, Bridge No . 27W10, TMS and ADA improvement construction and other associated construction upon, along and adjacent to Trunk Highway No . 212 from 700 feet south of Shady Oak Road to 700 feet north of Shady Oak Road, and on Shady Oak Road from 850 feet north of Rowland Road to 600 feet east of Flying Cloud Drive, according to City-prepared plans, specifications, and special provisions designated by the City as 11 -5800 and by the State as State Project No . 2763 -49 (T.H. 212=005) ("Project"); and • 2 . The City's share for the State Furnished Materials is $ 134, 688 . 00 ; and 3 . This Agreement is amended to include City cost for State Furnished Materials for Traffic Signal System "A " at County State Aid Highway No . (C. S . A .H.) 61 and City West Parkway/Bryant Lake Drive, Traffic Signal System "B " at Trunk Highway No . 212 and County State Aid Highway No . 61 (Shady Oak Road) (west ramps), Traffic Signal System " C " at Trunk Highway 212 and Shady Oak Road (east ramps), and Traffic Signal System "D " at Shady Oak Road and Flying Cloud Drive ; and 4 . The State and the City are willing to amend the Original Contract as stated below. • Contract Amendment In this Amendment deleted contract terms will be struck out and the added contract terms will be underlined . REVISION 1 . Article 6 . 1 is amended as follows : 6 . 1 State Cost. $6,865,312 . 00, which consists of $7, 000,000 . 00 less $ 134, 688 . 00 compensation for State Furnished Materials , is the State's full and complete lump sum cost for T.H. 212 at Shady Oak Road interchange construction, design engineering and associated construction engineering. REVISION 2 . Article 6 . 2 .D is amended as follows : 6 . 2 .D . The State's receipt of a written request from the City for the payment of funds according to the following Payment Schedule . The request will include certification by the City that all necessary parties have executed the construction contract. - 1 - Payable Amendment (Municipal Agreements) MnDOT Contract No : 05776- 1 STATE ENCUMBRANCE VERIFICATION DEPARTMENT OF TRANSPORTATION Individual certifies that funds have been encumbered as required by Minnesota Statutes § 16A . 15 and 16C . 05 . Recommended for Approval : Signed : By : (District Engineer) Date : Date : SWIFT Purchase Order : 3000177828 Approved : CITY OF EDEN PRAIRIE By : ( State Design Engineer) The undersigned certify that they have lawfully Date : executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions or ordinances . By : COMMISSIONER OF ADMINISTRATION Title : By : Date : (With delegated authority) Date : By : Title : Date : -3 - Payable Amendment (Municipal Agreements) CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 14, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: #15-5914 ITEM NO.: Robert Ellis Approve Agreement with Twin Cities and VIII.L Western Railroad for the Replacement of Public Works/Engineering the Valley View Road At-Grade Crossing Requested Action Move to: Approve Agreement with Twin Cities and Western Railroad for the Replacement of the Valley View Road At-Grade Crossing Synopsis This agreement outlines the provisions for Twin Cities and Western Railroad to replace the deteriorating railroad crossing at Valley View Road. Background Information Twin Cities and Western Railroad (TC&W) operate on a rail track which carries rail traffic through Valley View Road. The City is responsible for Valley View Road which carries traffic across the TC&W line. The railroad crossing is in poor condition creating a hazard for both vehicular and pedestrian traffic and needs to be removed and replaced. TC&W has agreed to replace the railroad crossing. The estimated cost to the City for this work is $59,449.96. The City will reimburse TC&W for these costs upon the completion of the project. Attachments Photos Agreement • ' , - L*' `' `+� • • .... 4 N.,..,..1/4... .... Nor . • . ... ,• --'. . : 'k.-- '''....)..(4‘.1 Ville.. . 40,.. sp NI . * \ - ... ,.. , . , . . ,..... ... .. ,... , , _. t , r ,..,- -.., ' .., ••• • k x-Y -. ...62. .14:4.,,l!.6...::15(' -",r • • • ../,'•- ` .01 4..,• ri I:. .p. -44%. ,11,- ..4... .., • " ..., ,..;T.,. .. .. .... i- • -ir / . .. ... ./ • A • .. ....,. /. , . ........4.h, .,... .. ......... ...._ _•. _ . „ .,,,,,,..,„ . _ _......„,,,.. •1.-. d.C. Ie r .�' I f �{ -0 * .u. r4. • r ,° V . A f + + a F 4 : ' 'I.e. r 4r' AGREEMENT NO. 2015 - 5 AGREEMENT BETWEEN THE TWIN CITIES & WESTERN RAILROAD COMPANY AND CITY OF EDEN PRAIRIE FOR REPLACEMENT OF AT-GRADE CROSSING SURFACE ON VALLEY VIEW ROAD THIS AGREEMENT, made and entered into by and between the Twin Cities & Western Railroad, a corporation organized under the laws of the State of Minnesota, hereinafter referred to as "Company," and the City of Eden Prairie, a municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as "City." WITNESSETH: WHEREAS, the City and the Company have discussed replacement of an eighty foot at- grade crossing surface on Valley View Road, and WHEREAS, Valley View Road is under the jurisdiction of the City for purposes of maintenance and improvements, and WHEREAS, it is the desire of both of the parties to enter into a written Agreement regarding the replacement of said at-grade crossing surface. NOW, THEREFORE, the Company and the City agree as follows: A. This agreement shall apply only to the replacement of the one at-grade crossing surface at Valley View Road. B. The Company will be the project manager in charge of the surface replacement project. C. The Company will: 1. Prepare and complete construction plans, specifications, and special provisions, as needed; an estimate of construction cost; other tasks required to complete the design of the project, and otherwise provide for the replacement of the railroad crossing surface. 2. Provide the necessary labor, equipment, and material for the removal/disposal of the old crossing surface and for the construction of the new crossing surface. 3. Provide the necessary construction supervision, inspection and reporting services. 4. Communicate with the City Engineer for approval of the construction plans, OS(C:)TVS TCW 07/10/2015 1 specifications and special provisions prior to authorizing work to proceed. 5. Allow inspection by the City's duly authorized representatives upon reasonable notice. 6. Obtain the written approval of the City for any changes involving work which the City is responsible to pay prior to performing such work. D. The City will: 1. Review and approve the plans for the project prepared by the Company without unreasonable delay. 2. Provide traffic control on Valley View Road during the surface replacement project. This work includes closing the roadway and detouring vehicular traffic as needed and at times requested by the Company. 3. Cut the existing asphalt road surface and construct temporary asphalt pavement patching at the at-grade crossing surface. 4. Construct the permanent asphalt highway pavement at the railroad/highway crossing surface. E. The project shall be funded as follows: 1. CONSTRUCTION COSTS: a. The City will pay the expenses for materials to remove and dispose of the old crossing surface and the construction of the new crossing surface. The total costs are currently estimated at $59,449.96. b. In addition to l.a. the City will pay all expenses for traffic control, materials, cutting asphalt, asphalt disposal and temporary and permanent asphalt highway pavement construction and any inspection or engineering services the City may use. c. The Company will pay other expenses related to the surface replacement project. 2. ENGINEERING COSTS: a. The Company will not be obligated to pay the City for any City staff or other engineering services related to the project. 3. REIMBURSEMENT: a. Upon completion of the project, the Company will bill the City a lump OS(C:)TVS TCW 07/10/2015 2 sum amount of $59,449.96 for payment for the crossing surface construction material costs. The City will pay the Company within thirty (30) days. F. The parties to this agreement shall be liable for their own acts to the extent provided for by law and hereby agree to indemnify, hold harmless and defend the other named party to this agreement, its officers, agents, employees, and workers against any and all liability, loss, costs, damages, expenses, claims or actions, including reasonable attorneys' fees which the other party or its officers, agents, employees, and workers may hereafter sustain, incur or be required to pay, arising from, or related to the provisions of services hereunder by reason of any act or omission of the party, its officers, agents, employees and workers in the execution, performance, or failure to adequately perform its obligations. Under no circumstances will the City be required to pay on behalf of itself and other parties, any amounts for tort liability in excess of the limits on tort liability established in Minnesota Statutes Chapter 466 applicable to any one party. G. The City, before commencing any work and at all times until its work is completed, must provide and maintain insurance policies as follows: (1) Liability insurance, including broad form contractual liability coverage, with a combined single limit of at least $1,500,000 each occurrence or such larger limit (including excess or umbrella insurance) as is carried by City. This insurance must include coverage for public liability, bodily injury and property damage, personal injury and advertising injury, fire legal liability, and products and completed operations. The policy or policies must be endorsed as follows: (1) to add the Company as an additional insured; (2) to waive the insurer(s)'s subrogation rights against the Company; (3) to provide for separation of insured parties; (4) to be primary and non-contributing with respect to insurance carried by the Company; (5) to amend the definition of insured contract to remove any exclusion or other limitation for any work being done within a specified distance of a railroad, railroad tracks, or railroad property; (6) to remove exclusions limiting coverage for explosion, collapse, or underground hazards; and (7) to provide that any worker's compensation and employer's liability exclusion does not apply to the Company's payments related to the Federal Employer's Liability Act and that payments by the Company under any wage continuation program are not to be deemed to be payments made or obligations assumed under any worker's compensation law or disability benefits or unemployment compensation law or similar law. (2) Business automobile ("Business Auto") insurance with a combined single limit of at least $2,000,000 per occurrence, including coverage for bodily injury and property damage and any and all vehicles owned, used, or OS(C:)TVS TCW 07/10/2015 3 hired. This policy shall be endorsed (1) to waive the insurer's subrogation rights against the Company, (2) to name the Company as an additional insured, (3) to provide for separation of insured parties, and (4) to be primary and non-contributing with respect to insurance carried by the Company. (3) Workers' compensation and employers' liability ("Workers Comp") insurance. This policy shall be endorsed to waive the insurer's subrogation rights against the Company. Certificate(s) of insurance must be furnished to the Company before commencing construction or operations or work. Acceptance of a certificate that does not comply with this section shall not operate as a waiver of the City's obligations hereunder. Failure to provide certificates required by this Agreement shall entitle, but not require, the Company to terminate this Agreement immediately. Upon request, the City shall furnish complete copies of the insurance policies to the Company. If any portion of the construction or work or operation is contracted by the City, the City must require that the contractor(s) provide and maintain insurance coverages as described above, naming the Company as an additional insured. H. It is understood and agreed that any and all employees of the Company and all other personnel employed by the Company in the performance of services hereunder shall not be considered employees of the City and that any and all claims that may or might arise on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said Company employees while so engaged in the performance of any of the services hereunder shall in no way be the obligation or responsibility of the City. I. It is understood and agreed that any and all employees of the City and all other persons employed by the City in the performance of the provisions of services hereunder shall not be considered employees of the Company and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota, the Federal Employer's Liability Act, the Safety Appliance Act, the Boiler Inspection Act, the Occupational Health and Safety Act, the Resource Conservation and Recovery Act, and any similar state or federal statute, on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said City employees while so engaged in the performance of any of the provisions of services hereunder will not be the obligation or responsibility of the Company. J. Pursuant to Minnesota Statutes §16C.05, Subd. 5, the Company agrees that its OS(C:)TVS TCW 07/10/2015 4 records, documents, and accounting procedures and practices that are relevant to this Agreement are subject to examination during normal business hours by the City and either the legislative auditor or the state auditor, as appropriate, for a minimum of six years after completion of the project K. During the performance of this Agreement, the Company and the City agree that no person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance status, criminal record, creed or national origin be excluded from full employment right in, participation Ii, be denied the benefits of or be otherwise subjected to discrimination prohibited by applicable Federal and State laws against discrimination. L. Any modification of this Agreement must be in writing and signed by the parties. M. The crossing surface replacement project will be scheduled for construction in the summer of 2015, the dates to be mutually agreed to by the Company and the City. N. Notice. Required notices to the Company shall be in writing, and shall be either hand-delivered to the Company, its employees or agents, or mailed to the Company by certified mail at the following address: Twin Cities & Western Railroad Company _2925 - 12th Street East Glencoe, MN 55336 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 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. O. The parties shall comply with the Minnesota Data Practices Act the "Act") in particular Minnesota Statutes Section 13.05, Subd 11. Pursuant to Section 13.05, Subd. 11 (b) the Act does not create a duty on the part of the Company to provide access to public data if the public data are available from the City, except as OS(C:)TVS TCW 07/10/2015 5 required by the terms of this contract. The City pursuant to law assumes the responsibility to respond to all data practices request for public data which are available from the City. . P. 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. Q. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. IN TESTIMONY WHEREOF, The parties hereto have caused these presents to be executed. TWIN CITIES &WESTERN CITY OF EDEN PRAIRIE RAILROAD MINNESOTA Company President Date: Mayor Date: ATTEST: ATTEST: Company Officer Date: City Manager Date: OS(C:)TVS TCW 07/10/2015 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda July 14, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 08-5731 ITEM NO.: Rick Wahlen Approve Professional Services Agreement VIII.M. Public Works/Utilities with HTPO for Engineering Services to Reconstruct Bluffs West Lift Station Requested Action Move to: Approve a professional services agreement for engineering services with HTPO in the amount of $28,500 for the reconstruction of the Bluffs West Sanitary Sewer Lift Station(Lift Station No. 7). Synopsis The City of Eden Prairie Utilities Division has planned for the major reconstruction of the last remaining old-style sanitary lift station among the 21 lift stations in the system. This project was approved in the last capital improvement plan and will significantly improve the performance and reliability of the sanitary sewer system for this neighborhood. Background Information Utility Division's Sanitary Sewer Capital Improvement Budget currently includes one sanitary sewer lift station upgrade project per year, and our operating budget includes funds for the ongoing annual preventive maintenance of these lift stations to mitigate the long-term damages to the system and extend the useful life of our lift stations. We have 21 sanitary sewer lift stations, so doing a major overhaul each year means that these sites go 21 years between major upgrades. HTPO has assisted with the redesign and reconstruction of several Eden Prairie older lift stations supporting the sanitary sewer system. The next site on our rehabilitation list is Lift Station No. 7 on Burr Ridge Lane, commonly referred to as Bluffs West Lift. This lift station will be renovated as preventative maintenance to prevent future failure. Eden Prairie Utilities is standardizing the mechanical, electrical, and control systems of all of our older lift stations in a systematic manner. As a cost savings measure, however, the control system was upgraded last year when we overhauled Red Rock Lift Station, because we got a better price for two control systems at once. This year, the mechanical components are being renovated. Sanitary Sewer systems are exposed to very harsh environmental conditions, including severe corrosion from hydrogen sulfide (sewer gas), and after two or three decades of routine preventative maintenance, system components in lift stations require replacement and major overhaul. Attachments • Professional Services Agreement • Proposal Standard Agreement for Professional Services This Agreement ("Agreement") is made on the 14th day of July , 20 15 , between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Hansen Thorp Pellinen Olson, Inc. (HTPO) , a Minnesota Corporation (hereinafter "Consultant") whose business address is 7510 Market Place Drive, Eden Prairie, MN 55344 . Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Engineering, Surveying, and Bid Administration Services for the Reconstruction of Lift Station No. 7 (Bluffs West Lift Station) at 11212 Burr Ridge Lane, Eden Prairie, MN 55344 hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A (Estimate for Engineering and Surveying Services) in connection with the Work. The terms of this Agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions. If the Consultants proposal is attached as the Exhibit A Scope of Work, City reserves the right to reject any general conditions in such proposal. 2. Term. The term of this Agreement shall be from July 14, 2015 through July 13, 2016 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $ 28,500 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. Standard Agreement for Professional Services 2014.04 Page 2 of 8 C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant has designated _Charles Howley to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the designated staff from the Project without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this 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 Consultant 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 Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. Standard Agreement for Professional Services 2014.04 Page 3 of 8 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. Independent Consultant. Consultant 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 Consultant 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 Consultant an employee of the City. 12. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Consultant 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 Standard Agreement for Professional Services 2014.04 Page 4 of 8 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. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant's responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. e. Consultant shall maintain "stop gap" coverage if Consultant obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. f. All policies, except the Worker's Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured 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. g. All policies, except the Professional Liability Policy, shall apply on a "per project" basis. h. All polices shall contain a waiver of subrogation in favor of the City. i. All policies, except for the Worker's Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. j. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. k. Consultant 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. I. It shall be Consultant's responsibility to pay any retention or deductible for the coveraeges required herein. m. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, Standard Agreement for Professional Services 2014.04 Page 5 of 8 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. n. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. o. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. p. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: 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 Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. Standard Agreement for Professional Services 2014.04 Page 6 of 8 13. Indemnification. Consultant 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 Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 14. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 15. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. 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. 17. 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 Standard Agreement for Professional Services 2014.04 Page 7 of 8 settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 18. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 19. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 20. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 21. 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. 22. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager HANSEN THORP PELLINEN OLSON, INC. By: Its: Standard Agreement for Professional Services 2014.04 Page 8 of 8 ENGINEER'S ESTIMATE FOR: RECONSTRUCTION OF BLUFFS LIFT STATION EDEN PRAIRIE, MN ITEM DESCRIPTION EST. QTY. UNIT UNIT PRICE TOTAL 1 Mobilization 1 Lump Sum $8,000.00 $8,000.00 2 Bituminous Pavement Removal 100 Sq. Ft. $10.00 $1,000.00 3 Remove Lift Station Components 1 Lump Sum $6,500.00 $6,500.00 4 Silt Fence 20 Lin. Ft. $10.00 $200.00 5 Sediment Control Inlet 2 Each $150.00 $300.00 6 Street Sweeping 6 Hours $150.00 $900.00 7 Traffic Control 1 Lump Sum $750.00 $750.00 8 Wet Well Lining 500 Sq. Ft. $55.00 $27,500.00 9 Temporary Sanitary Sewer Bypass 1 Lump Sum $35,000.00 $35,000.00 10 Pumps 2 Each $10,500.00 $21,000.00 11 Piping 80 Lin. Ft. $70.00 $5,600.00 12 Gate Valves 2 Each $1,500.00 $3,000.00 13 Fittings &Appurtanences 1 Lump Sum $5,000.00 $5,000.00 14 Top Slab (inc. hatch &vent) 1 Each $4,500.00 $4,500.00 15 Rock Mulch 2 Cu. Yd. $60.00 $120.00 16 Sod 10 Sq. Yd. $20.00 $200.00 17 Concrete Pad 250 Sq. Ft. $20.00 $5,000.00 Notes: Subtotal $124,570.00 1. Control Panel is not included as we understand it 10% Contingency $12,457.00 has already been upgraded to the new standard. TOTAL $137,027.00 2. Replacement piping between wet well& valve MH not included. HTPO 6/18/2015 p� I Engineering Surveying 7,1 ;) Landscape Architecture May 27, 2015 John Carlon City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Bluffs and Bluestem Lift Stations Dear John, As requested, the following estimate for civil engineering and surveying services is provided for your consideration, broken down into each station. We understand the schedule is to bid and construct the project this fall and that both stations will be bid together. Estimate Scope of Service Bluffs Bluestem $ 3,000 $ 3,000 Existing conditions survey. Includes boundary and topographic survey of the lift station area. Easements will be shown based on information provided by the City. Underground utilities will be shown based on GSOC markings and available maps. $14,000 $15,000 Lift station reconstruction design and preparation of bidding documents. Includes cost estimate and assumes reuse of the existing wet well and valve vault. Scope includes incorporating the City's new standard electrical control panel at the Bluestem station but not at the Bluffs station since we understand it has already been incorporated. A review of pump sizing at Bluffs is included_ $ 1,000 $ 1,000 Bid Administration. Includes posting bid documents, answering bidder questions, attending bid opening, compiling a bid tabulation, and a letter of recommendation. 7510 Market Place Drive Eden Prairie, MN 55344 $10,000 $10,000 Construction Administration and Observation. 952-829-0700 Includes up to 48 hours of construction observation per 952-829-7806 fax site. www.htpo.com $ 500 $ 500 Reimbursables $28,500 $29,500 TOTAL HANSEN THORP PELLINEN OLSON, INC, Howley/Carlon May 27, 2015 Page 2 of 2 Invoices will be submitted based on actual hours worked using a 2.4 multiplier times direct personal expense, and reimbursable expenses incurred (printing, courier, and other out-of-house documents and fees), We will keep you informed of our work progress and the above fee estimate will not be exceeded without prior approval from your office. We invoice our services monthly payable within 30 days, Thank you for this opportunity to provide our services and feel free to call with any questions. Sincerely, Hansen Thorp Pellinen Olson, Inc. it.:;e). ._ Charles J. Howley, P.E.,CPESC, LEED AP Laurie A.Johnson, P.E. Project Manager President CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 14, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: #15-5902 ITEM NO.: Mary Krause Approve Plans and Specifications and Order VIII.N. Public Works/Engineering Advertisement for Bids for Turn Lane Improvements on Pioneer Trail at Green Acres Requested Action Move to: Adopt resolution approving plans and specifications and ordering advertisement for bids for Turn Lane Improvements on Pioneer Trail at Green Acres. Synopsis With the assistance of Westwood Professional Services Inc., the Engineering Division has prepared plans and specifications for the addition of a turn lane on Pioneer Trail at Green Acres. Construction of the project is scheduled to begin late August and completed by the end of October of this year. Plans for the project include a turn lane into Green Acres on Pioneer Trail for improved access. Background Information Parking lot and pond improvements for the Green Acres Event Center have previously been approved by City Council. The parking lot and pond construction is currently underway. The Owner has petitioned the City for the construction of the turn lane improvements and signed a special assessment agreement to pay for the turn lane improvements on Pioneer Trail. The turn lane will provide improved access to Green Acres. Financial Implications The current project cost estimate is just over$100,000. The project will be funded through a Special Assessment Agreement with Green Acres. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR TURN LANE IMPROVEMENTS ON PIONEER TRAIL AT GREEN ACRES I.C. 15-5902 WHEREAS, the City Engineer, with the assistance of Westwood Professional Services Inc., has prepared plans and specifications for the following improvements to wit: I.C. 15-5902—Turn Lane Improvement on Pioneer Trail at Green Acres and has presented such plans and specifications to the Council for approval. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: 1) That said plans and specifications, a copy of which is on file for public inspection in the City Engineer's Office, are hereby approved. 2) That the City Clerk shall prepare and cause to be inserted in the official paper an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state the date and time that the bids will be publicly opened and the City Council meeting at which they will be considered. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the council on the issue of responsibility. No bids will be considered unless sealed and filed with the Engineering Division and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City of Eden Prairie for 5% (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on July 14, 2015. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July14, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: #14-5877 ITEM NO.: Randy Newton Approve Professional Services Agreement VIII.O. Public Works/Engineering with SRF Consulting Group for In-70th Construction Services for the West 70 Street Extension Improvement Project Requested Action Move to: Approve Professional Services Agreement with SRF Consulting Group, Inc. for In-Construction Services for the West 70th Street Extension Improvement Project. Synopsis This Professional Services Agreement provides construction observation, administration, and surveying for West 70th Street Extension to Flying Cloud Drive. Background Information The West 70th Street Improvement project includes two segments that have been individually identified in the Capital Improvement Plan and which will result in a continuous West 70th Street roadway connection between Flying Cloud Drive and Shady Oak Road. The west segment is the extension of West 70th Street from its current terminus westerly to Flying Cloud Drive. Design of this segment is complete and construction is scheduled to occur between August and October of this year. City Council approval of the project plans was provided at the June 16, 2015 City Council Meeting. Financial Implications The Professional Services Agreement with SRF has an estimated cost of$119,294. As defined in the Liberty Plaza Developer's Agreement, Liberty Property Trust is responsible for the majority of the costs for the project. In addition the City was awarded a $470,000 Transit Oriented Development Grant from Hennepin County for the project which will be utilized to pay for a portion of the enhanced streets aping and multi-modal design elements that have been incorporated into the project. Attachments • Professional Services Agreement Standard Agreement for Professional Services This Agreement ("Agreement") is made on the 14 day of July , 20 15 between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and SRF Consulting Group, Inc. , a Minnesota Corporation (hereinafter "Consultant") whose business address is One Carlson Parkway North, Suite 150, Minneapolis, MN 55447-4443 Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for In-Construction Services for West 70th Street Extension Protect hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A ( SRF Proposal Letter dated July 6, 2015 ) in connection with the Work. The terms of this Agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions. If the Consultants proposal is attached as the Exhibit A Scope of Work, City reserves the right to reject any general conditions in such proposal. 2. Term. The term of this Agreement shall be from July 15, 2015 through June 30, 2018 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $ 119,294 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. Standard Agreement for Professional Services 2014.04 Page 2 of 9 C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant has designated _Zack Kartak and Phil Berg to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the designated staff from the Project without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this 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 Consultant 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 Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. Standard Agreement for Professional Services 2014.04 Page 3 of 9 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. Independent Consultant. Consultant 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 Consultant 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 Consultant an employee of the City. 12. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Consultant 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 Standard Agreement for Professional Services 2014.04 Page 4 of 9 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. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant's responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. e. Consultant shall maintain "stop gap" coverage if Consultant obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. f. All policies, except the Worker's Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured 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. g. All policies, except the Professional Liability Policy, shall apply on a "per project" basis. h. All polices shall contain a waiver of subrogation in favor of the City. i. All policies, except for the Worker's Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. j. All polices, except the Worker's Compensation Policy and Professional Liability, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. k. Consultant 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. I. It shall be Consultant's responsibility to pay any retention or deductible for the coverages required herein. Standard Agreement for Professional Services 2014.04 Page 5 of 9 m. It shall be the Consultant's responsibility to notify City of policy cancellations non- renewed or restrictive modifications and coverages afforded 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. n. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. o. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. p. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: 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 Consultant's insurance company. Standard Agreement for Professional Services 2014.04 Page 6 of 9 Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 13. Indemnification. Consultant 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 Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 14. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 15. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. 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. 17. 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 Standard Agreement for Professional Services 2014.04 Page 7 of 9 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. 18. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 19. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 20. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 21. 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. 22. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Standard Agreement for Professional Services 2014.04 Page 8 of 9 Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME: By: Its: Standard Agreement for Professional Services 2014.04 Page 9 of 9 E4 NCINEERS PLANNERS DESIGNERS Consulting Croup,Inc_ July 6,2015 Mr. Randy Newton,PE,PTOE Assistant City Engineer/Traffic Engineer CITY OF EDEN PRAIRIE 8080 Mitchell.Road Eden Prairie, MN 55344 SUBJECT: PROPOSAL FOR CONSTRUCTION SERVICES FOR WEST 70 T t.t STREET(14-5877) Dear Mr. Newton: Based on your request,we are pleased to submit this proposal to provide Construction Services for the West 70th Street improvements. Our services for this project will include contract administration, observation, construction surveying,landscape review and warranty administration and as-built plan preparation. PROJECT UNDERSTANDING SRF has completed the preliminary design and the final design, and bid documents are nearly complete for this project, It is anticipated that a construction contractor will be awarded the project and construction will begin on approximately August 18,2015 with substantial completion before the end of the 2015 construction season. The project includes construction of approximately 1,100 feet of new street on a new alignment with some street reconstruction of Flying Cloud Drive on the West and existing West 70th Street on the East to complete the connections. Specific items include: pavement removal, grading, storm sewer, concrete curb and gutter, bituminous paving, lighting, landscaping, signing, striping, and ADA improvements. SCOPE OF SERVICES We propose to Carty out the work as described as follows: Construction Administration: • Coordinate and facilitate preconstructiori conference. • Review the Contractor's progress schedule. • Prepare periodic payment request forms. • Review the Contractor's submittals. • Immediately inform the City's project representative of any changes during the construction process. Construction Observation: • Perform observations of the construction activities of the Contractor for compliance with the project requirements. • Maintain a daily diary of observations and photograph the Contractor's operations. • Perform field measurements and computations for pay quantities. • Schedule and coordinate staking and materials testing(materials testing by others). • Perform final inspection of the project and prepare the final,punch list. Construction Survey, • Place all stakes necessary for the construction contractor to build the project, including: www.srfconsulting.com Ong Carlson Parkway North,Suite 150 I Minneapolis,MN 55447.4443. 1763.475.0010 Fax:763.475.2429 An Equal Opportunity Employer Mr.Randy Newton,PE,PTOE -2- July 6,2015 City of Eden Prairie • Establish control points • Construction limit stakes • Storm sewer stakes • Roadway grade stakes throughout construction • Curb and gutter stakes • Concrete walk stakes • Gather survey information for as-built plans Material Testing: • Schedule field testing by others. • Ensure that materials incorporated into the project meet project requirements before they are incorporated into the project. Landscape Coordination and Warranty Administration: • Site visits to review plant materials and landscape layout. • Site visits during the plant warranty period (2 years). As-Built Plans: • Document plan changes during construction. • Complete survey data upon completion of the project. • Compile survey data and plan changes into an as-built plan set of the project. • Submit completed as-built plan to the City. ASSUMPTIONS In preparing this scope of work for in-construction services,we have made the following assumptions: • The City will provide a project representative to be a primary contact during the project. • Field testing will be performed by a testing consultant hired directly by the City SCHEDULE We will complete this work within a mutually agreed-upon time schedule. We anticipate that the Construction Contractor will begin work approximately August 18,2015,and be substantially complete with the project by November 15,2015. We expect that we will need to provide inspection the majority of the time the Contractor is working on site, but do not expect full-time every day. While the project is expected to be completed in 2015, some services will be necessary in the spring of 2016 and 2017 related to punch list work by the Contractor and Landscape warranty. BASIS OF PAYMENT/BUDGET We propose to be reimbursed for our services on an hourly basis for the actual time expended. Other direct project expenses, such as printing, supplies,reproduction, etc.,will be billed at cost,and mileage will be billed at the current allowable IRS rate for business miles. Invoices are submitted on a monthly basis for work performed during the previous month. Payment is due within 30 days. Based on our understanding of the project and our scope of services,we estimate the cost of our services to be$119,294.00,which includes both time and expenses. Mr. Randy Newton,PE,P'f0E -3- July 6,2015 City of Eden Prairie Based on our discussions, SRF agrees to limit our fee to $107,365.00 which is 10%%O less than the fee in our work plan. However, in-construction services' costs are highly dependent on factors beyond our control, such as contractor efficiency, contractor quality, and weather and, as such, this is only an estimate, We recommend that the City set aside the difference between the reduced fee and our work plan estimate as a contingency. The value of the contingency is computed as follows: $119,294,00 work plan estimated fee $107.365.00 work plan estimated fee less 10% $ 11,929.00 contingency The contingency amount would only be used if authorized by City staff. CHANGES IN THE SCOPE OF SERVICES It is understood that if the scope or extent of work changes,the cost will be adjusted accordingly. Before any out-of-scope work is initiated, however,we will submit a budget request for the new work and will not begin work until we receive authorization from you. ACCEPTANCE/NOTICE TO PROCEED A signed copy of the City's Professional Services Agreement,mailed or et-nailed to out office,will serve as our notice to proceed. The email address is oore r srfconsulting.c4m . We sincerely appreciate your consideration of this proposal and look forward to working with you on this project. Please feel free to contact us if you have any questions or need additional information. Sincerely, SRF CONSULTING GROUP,INC. "1/44.—ng.—C2. s 1/4-84/17411.1k-- Robert G. Moore ames R. Dvorak,PE (MN MI) Principal Vice President RGM/jal Attachments; Attachment B—Scope of Services SRF P15537 .SAMatketrruOrepasulA2015 T.4tirrPr pardAP155 7 1?704 DAP S537EP704 CA20t40702,dom 71e2015 Page f of 3 SRF Consulting Group,Inc. Work Tasks and Person-Hour Estimates III ;� Client: City of Eden Prairie Project: West 70th Street Construction Services Attachment B Consulting Group,Inc. P15537 Subconsullants: TASK NO SUMMARY OF TASKS 1.0 Contract Administration 2.0 Construction Observation 3.0 Construction Surveying 4.0 Landscape coordination Warranty Administration 5.0 As-bulbs Copy of Eden Prairie_R Moore 03 30 2015.o Ne SRF CONSULTING GROUP.INC. ENGINEERS AND PLANNERS MINNEAPOLIS.MN 7wt2115 Page 2 ar 3 SRF Consulting Group,Inc, Work Tasks and Person Hour Estlrnates it:� Client: City of Eden Prairie Project: West Tath Street Construction Services Consulting Creep.Inc. P15537 ASH NO 163K DESCRIP11ON PRINCIPAL SR.ASSOC ASSCCIATF ER.PROF PRIN.TECH S.F1 TECH TECH rl slam TOTALS SST.FEE 1.0 Contract Administration Assumalivns' Project Engineer 13 weeks x 5 hotrslweek+40 hours pro and post Conslrutiiorl. SUBTOTAL-TASK 1 10 0 105 0 0 0 0 8 123 $13,255 2.0 Construction Observation Atst omens s- Senior Inspector. 13 weeks x 8 hours per week+40 hours pro and post construction Inspector:13 weeks x 40 hours per week•40 hours pre and post construction SUBTOTAL-TASK 2 B 0 0 144 0 560 0 0 710 $56,5132 3.0 Construction Surveying Assumetians' Craw: 13 Weeks x 12 hours per week SUBTOTAL-TASK 3 2 16 0 0 180 0 160 0 338 $35,814 4.0 Landscape coordination Warranty Administration Assumotions- Landscape Architect:8 trips to the site during constnrctton(4 hours eachl,B hours material and shop drawing review,and 40 hours In 2016 end 2017 for warranty Inspections. SUBTOTAL-TASK4 4 0 80 0 0 0 0 0 84 $9,084 5,0 A-bUllta SHE Deliverables' SUBTOTAL-TASK 5 1 0 4 4 4 12 0 0 25 $2,391 TOTAL ESTIMATED PERSON-HOURS 23 16 189 14a 164 572 160 8 1280 AVERAGE HOURLY BILLING RATES $171 $157 5105 $94 $131 $75 $75 S65 ESTIMATED LABOR AND OVERHEAD $3,933 $2,512 $19,845 $13,912 321,434 $42,900 $12,000 5520 $117.106 ESTIMATED DIRECT NON-SALARY EXPENSES 52.183 TOTAL Mil MATED FEE $119.294 Copy or Eden Prsele B Abred 5RF CONSULTING GROUP.INC. ENGINEERS AND PLANNERS MINNEAaoLls,MNa040S.MN 718I2015 Pave 3 of 5RF Consulting Group,Inc. Work Tasks and Person-Hour Estimates Client City of Eden Prairie Project West 70th Street Construction Services Consulting Group.lot. P15537 Tip, MI DESCRIPTION PRINCIPAL SR.ASSOC ASSOCIATE SR.PROP PRiN.TECH SR TECH Vat 8LEBICAL TOTALS laTfj ESTIMATE OF DIRECT NON•SALARY EXPENSES: MILEAGE: Vehicles 2500 Mlles 0 50.575 $1.438 REPRODUCTION: Copy Duplication 500 Copies 0 $0.10 $50 Color Copies 0 Copies S $0.35 $0 Bond Prints 9 Prints O 96_09 $0 MylarPrints 0 Prints® $32.00 $0 COURTHOUSE COPIES: 0 Copies 0 $1.00 $9 PRINTING: SO SUPPLIES:(Survey) 5700 COMMUNICATIONS: Mall,Express,Etc. SO Cell Phone Charges 0 Minutes 15 $030 5O SUBCONSIILTANTS: SO ESTIMATED DIRECT NON-SALARY EXPENSES $2,188 SUMMARY OF COSTS: PRINCIPAL SR.ASSOG ASSOCIATE SR.PROF OBOE, TECHNICAL rr crgl 9QTp1L$ 3.0 Contract Administration $ 1.710 $ - $ 11.025 $ - $ - $ - $ - $ 520 $ 13,255 2.0 Construction Observation $ 1,026 $ - $ - $ 13,536 $ - $ 42,000 $ - $ - $ 56,562 3.0 Construction Surveying 5 342 $ 2,512 $ - $ - $ 20,960 $ - $ 12,000 $ - $ 35,814 4.0 Lendscape coordination Warranty Administration $ 684 $ - $ 6,400 $ - $ - $ - $ - $ - $ 9,084 5.0 As-0uiits $ 171 $ - $ 420 $ 376 $ 524 $ 900 $ - $ - $ 2,391 _ S117.106 l:aPy of Eden Prairie 8 Hoc. SRF CONSULT MINING GROUP.INC. ENGINEERS AND PLANNERS E 3a Za15 c NFAPOLIS.MN CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 14, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC 11-5793 ITEM NO.: Public Works/Engineering Approve Buffer Maintenance Agreement VIII.P. Robert Ellis for the Purgatory Creek Bank Stabilization Project Requested Action Move to: Approve buffer maintenance agreement for the Purgatory Creek bank stabilization project. Synopsis As a requirement of the Riley-Purgatory-Bluff Creek Watershed District permit for the Purgatory Creek bank stabilization project, the city must enter into an agreement for the long term maintenance of the buffers along the creek and adjacent steep slopes. This agreement must be executed prior to the watershed district issuing their permit allowing the repair work to begin. Background Information The city has contracted with Sunram Construction to stabilize a small section of Purgatory Creek bank that is showing signs of erosion. The project will take place during the summer and fall of 2015. Attachments • Maintenance Agreement • Agreement Exhibit MAINTENANCE AGREEMENT Between the Riley Purgatory Bluff Creek Watershed District and The City of Eden Prairie This Maintenance Agreement (Agreement) is made by and between the Riley Purgatory Bluff Creek Watershed District, a watershed district with purposes and powers set forth at Minnesota Statutes chapters 1 03B and 1 03D (RPBCWD), and the City of Eden Prairie, (City). Recitals and Statement of Purpose WHEREAS pursuant to Minnesota Statutes section 1 03D.345, the RPBCWD has adopted and implements the Wetland and Creek Buffers Rule, the Waterbody Crossings and Structures Rule and the Stormwater Management Rule; WHEREAS under the Wetland and Creek Buffers Rule, certain land development activity triggers the requirement that the landowner record a declaration establishing the landowner's perpetual obligation to protect undisturbed buffer adjacent to a creek or wetland; WHEREAS in each case, a public landowner, as an alternative to a recorded instrument, may meet the maintenance requirement by documenting its obligations in an unrecorded written agreement with the RPBCWD; WHEREAS in accordance with the RPBCWD rules and as a condition of permit 201 5-031 , the City's perpetual obligation to maintain wetland and creek buffer must be memorialized in a maintenance agreement specifying requirements and restrictions; WHEREAS City and the RPBCWD execute this Agreement to fulfill the condition of permit no. 201 5-031 , and concur that it is binding and rests on mutual valuable consideration; THEREFORE City and RPBCWD agree as follows that City, at its cost, will inspect and maintain the wetland and creek buffer as shown in the site plan attached to and incorporated into this Agreement as Exhibit A in perpetuity as follows: 1 1 . BUFFER AREAS a. Buffer vegetation must not be cultivated, cropped, pastured, mowed, fertilized, subject to the placement of mulch or yard waste, or otherwise disturbed, except for periodic cutting or burning that promotes the health of the buffer, actions to address disease or invasive species, mowing for purposes of public safety, temporary disturbance for placement or repair of buried utilities, or other actions to maintain or improve buffer quality and performance, each as approved by the District in advance in writing or when implemented pursuant to a written maintenance plan approved by the District. b. Diseased, noxious, invasive or otherwise hazardous trees or vegetation may be selectively removed from buffer areas and trees may be selectively pruned to maintain health. c. Pesticides and herbicides may be used in accordance with Minnesota Department of Agriculture rules and guidelines. d. No fill, debris or other material will be placed within a buffer. e. No structure or impervious cover (hard surface) may be created within a buffer area beyond that shown in the scaled site plan attached to this declaration as Exhibit A. f. Permanent wetland buffer markers will be maintained in the locations shown on the approved site plan attached as Exhibit A. Language shall indicate the purpose of the buffer, restrictions, and the name and phone number of the Riley Purgatory Bluff Creek Watershed District. 2. Property Transfer. If City conveys into private ownership a fee interest in the property that is the subject of this Agreement, it shall require as a condition of sale, and enforce: (a) that the purchaser record a declaration on the property incorporating the maintenance requirements of this Agreement; and (b) that recordation occur either before any other encumbrance is recorded on the property or, if after, only as accompanied by a subordination and consent executed by the encumbrance holder ensuring that the declaration will run with the land in perpetuity. If City conveys into public ownership a fee interest in any property that has become subject to this Agreement, it shall require as a 2 condition of the purchase and sale agreement that the purchaser accept an assignment of all obligations vested under this Agreement. 3. 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 Company 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 Company shall comply with those requirements as if it were a government entity. All subcontracts entered into by Company in relation to this Agreement shall contain similar Data Practices Act compliance language. 4. This Agreement may be amended only in a writing signed by the parties. 5. The recitals are incorporated as a part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT By Date: President, Board of Managers City of City By: Date: Its Mayor By: Date: Its City Manager 3 ♦ 1 1 - ' 11 (7/ . r I 1 - / / \\ ,' ° ." . iF,522- ' ' . i (7 „/„/ „.. \ Rule D Buffer 50 feet 1 `�' ; downstream of project and ' -$ followingproperty line to 18% I '`� _ 8�� P p Y �_ _ _ slope. • ---- .! , . s.-. .- ,II 161PI / . . / , \' -' '' , \\\--- - 60 `�" L N ; Project X.. -� Area �' �� / 2 _ cp , . . / IIIqlIl ii \ ( ie .. -------- -\ : t : \ ' r'--, .. , k, v---____ - 8,0 1 ' ///i/ 1 f \ \ ,- 5 At 4 ' \ � f �, 1 IP , \ 4 ' � � � Ij 1 cP # / ,).. m ii cP . Proposed Buffer 1. . : . cam Markers (4) i f Ili iiiiv ie4: '7,, OS 7 ,i_av't i A . 1 ..A , . ilk i -10kA ,. , , \ \\ \\\ '+ _ .....,// pp / ger \':\ /I ,,,,/j/ / IF , . - ' . .\. , _ -0, , \ , \ \ . , \ _ --b° P ,- 1 , A -----, _7( / . (---- - \ V //p,i, I ' 1 , Access `` /t ' - Route 1 \ .11\1\': 1/ / // / . ''' l ' / / , 4 --/- /// Mr I , , ( t/i/771 1 r )7t7 '../ . 'i ( (' 2012 Aerial Photograph (Source: MN GEa) L3� 0 7C� N 16089' Purgatory Road ..'�"" Feet J Slope Restoration Project h:L 1fl+294%009.1-OU981MXL1ISite Map with Contours and Starm-mxd QJO Buffer Zone IUI a p CITY COUNCIL AGENDA DATE: July 14, 2015 SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Paul Schlueter 2016 CIP Plow Truck Purchase VIII.Q. Public Works/Fleet Services (CIP Project# 06804) Requested Action Move to: Approve purchase and early ordering of a new single axle dump truck with snow plow equipment off the State of Minnesota Cooperative Purchasing Venture in the amount of $202,674.82. Synopsis Eden Prairie's approved Capital Improvement Plan (CIP) for 2016 includes the purchase of one (1)new single axle dump truck with snow plow equipment for Public Works (Project# 06804). There is currently very high consumer demand for this type of vehicle and equipment. Current order and production lead times for this equipment are showing anticipated delivery dates of June/July 2016. Staff is requesting approval to order this equipment now so that we will have the truck and equipment delivered in time for the 2016 fall/winter snow season. Payment of CIP funds will not occur until after January 1st 2016 when the chassis and equipment are actually delivered. The CIP budgeted amount for this purchase is $220,000.00 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 dump truck and snow plow equipment will be purchased using the State of Minnesota CPV program. Attachment 2016 CIP Project# 06804 Capital Plan 2015 thru 2019 Department Public Works City of Eden Prairie, Minnesota Contact Ellis Project# 06804 Type General Maintenance Equipme Useful Life 15 years Project Name Single Axle Dump Truck and Plow Equipment Category Public Works Safety Annual Cost Priority 3-New Annual Savings Description Total Project Cost: $220,000 Single Axle Dump Truck and Plow Equipment Justification We need to purchase a plow truck and equipment to meet our snow removal needs. Water Utilities supplied a shared truck for 19 years but this type of equipment does not meet their current needs. Expenditures 2015 2016 2017 2018 2019 Total Equipment 220,000 220,000 Total 220,000 220,000 Funding Sources 2015 2016 2017 2018 2019 Total Capital Maintenance&Reinve 220,000 220,000 Total 220,000 220,000 Budget Impact/Other Friday,July 18,2014 CITY COUNCIL AGENDA DATE: SECTION: Public Hearings 07/14/15 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Shops at Southwest Station IX.A. Development/Planning Janet Jeremiah/Regina Dean Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 1.67 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment within the Commercial Regional Service zoning district on 1.67 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis The site was originally approved in 1999 as a restaurant called Pickled Parrot(most recently Santorini's) and is part of a previously approved Planned Unit Development(PUD)which includes Southwest Station Retail (multi-tenant building, Anchor Bank, and Ruby Tuesday), and Southwest Transit Station. Cross access and cross parking agreements are in place to help serve the overall PUD which are allowed by the private declaration of covenants, conditions, restrictions and easements that is associated with this property. The proposal is for an 11,138 square foot multi-tenant retail building with a 2,389 square foot deck for restaurant tenant dining. The applicant proposes to remove the existing Santorini restaurant building, however intends to reuse a majority of the existing foundation and pilings for the proposed building. There are 4 proposed tenants including 3 proposed restaurant uses and one dental office. The applicant provided a proposed parking ratio based on an anticipated tenant use of restaurant and office. Proposed Use Estimated Number Parking Ratio Parking of Seats or Gross Required Floor Area Restaurant 124 seats 1/3 seats 41.3 Restaurant 63 seats 1/3 seats 21 Dental Office 2706 sq. ft. 5/1000 sq. ft. 13.5 Restaurant 46 seats 1/3 seats 15.3 Outdoor Patio 87 seats 1/3 seats 29 121 (rounded up from 120.1) The proposed plan shows an additional 30 parking spaces for a total of 81 onsite parking spaces. 40 additional offsite parking spaces are available through a private declaration of covenants, conditions, restrictions and easements. The proposed parking meets city code requirements based on the proposed use of the building and the existing waiver that was granted in 1999. A total of 18 bike parking spaces are proposed. It is possible for the tenant use within the leasable space to change overtime. Staff completed additional analysis of parking requirements based on potential tenant uses for the site. All Retail Scenario: Proposed Use Tenant Area Parking Ratio Parking Required Retail 3500 sq. ft. 5/1000 17.5 Retail 2400 sq. ft. 5/1000 12 Retail 2706 sq. ft. 5/1000 13.5 Retail 1991 sq. ft. 5/1000 9.9 53 (rounded up from 52.9) Proposed Use Estimated Number Parking Parking Parking Parking of Seats Ratio Required Ratio Required Outdoor Patio Seats 87 1/2.5 seats 34.8 1/3 seats 29 35 (rounded 29 up from 34.8) An all retail scenario meets city code parking requirements based on the existing waiver that was granted in 1999 and the available parking through the private declaration of covenants, conditions, restrictions and easements. Below is a scenario of all restaurant uses: Proposed Use Estimated Number Parking Parking Parking Parking of Seats Ratio Required Ratio Required Restaurant 124 1/2.5 seats 49.6 1/3 seats 41.3 Restaurant 63 1/2.5 seats 25.2 1/3 seats 21 Restaurant 63 1/2.5 seats 25.2 1/3 seats 21 Restaurant 46 1/2.5 seats 18.4 1/3 seats 15.3 119 99(rounded (rounded up up from 98.6) from 118.4) Proposed Use Estimated Number Parking Parking Parking Parking of Seats Ratio Required Ratio Required Outdoor Patio Seats 87 1/2.5 seats 34.8 1/3 seats 29 35 (rounded 29 up from 34.8) In the 100 percent restaurant use scenario the parking need exceeds the available parking onsite and through the private declaration of covenants, conditions, restrictions and easements. This assumes that the indoor and outdoor areas are filled to capacity with customers. Staff recommends that PUD waivers are carried over from the original PUD based on the new site plan for the front yard parking setback and offsite parking. Staff has a concern with the potential parking impacts of four restaurants uses within the building. Staff recommends that language is incorporated into the Development Agreement that reflects a maximum of three restaurant uses and one retail/office use for the site. Benefits to granting the waivers include: continued use of shared parking which is consistent with principles of a transit oriented and mixed use development, enhanced architectural details into the building design, and extensive use of perennials along the site perimeter and building base which are not required by code, but enhance the site. Planning Commission Recommendation The Planning Commission voted 5-0 to recommend approval of the project at the June 22, 2015 meeting. After Planning Commission review the applicant proposed minor changes to the architecture of the building. Since the changes are minor in scope, cosmetic only and do not increase the square footage of the building or architectural material breakdown staff supports the change. The proposed change is reflected in the plans provided for City Council review. Elevation reviewed by Planning Commission on June 22, 2015: 1,14Pnu d1 - _ a''I � '.11 ill_III Iti 1' - IIR1 I 1I -116 111 u1 11111 ;!q, Ellill. IC III I/ 1: ■� --- ,J 9authwst comer O s_wth ast Carer = ycruce I� e - __, -7112 �i - _ - �pGE ----r i 141111 OA; un II r,•• I 1 1 Mai •u 11 %IN ■llr r .� w Ep1N frwtt Penpechw O Nath[ast Corner Proposed changes are circled in red and reflected in revised plans dated July 6, 2015 for City Council review: - . [I--- — -- /W,� IL_ULM! 1 1 III dill 1F1 11i ui a N_ II A III All u II Iu �i li I■ `Il' - , ■■ is C iii�ne! u unu■ jiL' II PO II11111 e NI 1I0�+ 1NWI " 'loop11" .: f}F.�h�.�M. WaMEw Ce.n.. Background The 120-Day Review Period Expires on September 4, 2015 Attachments 1. Resolution 2. Ordinance 3. Staff Reports 4. Location Map 5. Land Use Map 6. Zoning Map 7. Aerial photo 8. Planning Commission Minutes CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF SHOPS AT SOUTHWEST STATION FOR VENTURE PASS PARTNERS,LLC WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on June 22, 2015 on Shops at Southwest Station by Venture Pass Partners, LLC and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on July 14, 2015. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. 13000 Technology Drive, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated July 6, 2015 3. That the PUD Concept meets the recommendations of the Planning Commission dated June 22, 2015. ADOPTED by the City Council of the City of Eden Prairie this 14th day of July, 2015. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept- Legal Description: Parcel 1 Lot 2, Block 1 Southwest Station, Hennepin County, Minnesota Abstract property Parcel 2 Easements contained in Declaration of Covenants, Conditions, Restrictions and Easements dated January 3,2000, filed January 19,2000 as Document No. 7264600,as amended by Document Nos. 7248625, 7907923, 8391982, 8586154, 8974173, 10003647, and 10153399. SHOPS AT SOUTHWEST STATION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2015-PUD- -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 Commercial Regional Service Zoning District-2015-PUD-_-2015 (hereinafter "PUD-_- 2015-C-REG-SER). Section 3. The City Council hereby makes the following findings: A. PUD- -2015- C-REG-SER is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-2015- C-REG-SER is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-_-2015- C-REG-SER are justified by the design of the development described therein. D. PUD- -2015- C-REG-SER is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 4. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of 2015, entered into between Venture Pass Partners, LLC, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD- -2015-C-REG-SER, and are hereby made a part hereof. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the Commercial Regional Service District and shall be included hereafter in the Planned Unit Development_-2015-C-REG-SER, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 14th day of July 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_day of , 2015. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2015. EXHIBIT A PUD Legal Description — Parcel 1 Lot 2, Block 1 Southwest Station, Hennepin County, Minnesota Abstract property Parcel 2 Easements contained in Declaration of Covenants, Conditions, Restrictions and Easements dated January 3, 2000, filed January 19, 2000 as Document No. 7264600, as amended by Document Nos. 7248625, 7907923, 8391982, 8586154, 8974173, 10003647, and 10153399. STAFF REPORT TO: Planning Commission FROM: Regina Dean, Senior Planner DATE: June 22, 2015 PROJECT: Shops at Southwest Station LOCATION: 13000 Technology Drive APPLICANT: Venture Pass Partners, LLC OWNER: Minnwest Bank 120 DAY REVIEW: Expires September 4, 2015 REQUEST: • Planned Unit Development Concept Review on 1.67 acres • Planned Unit Development District Review with waivers and Zoning District Amendment within the Commercial Regional Service zoning district on 1.67 acres • Site Plan Review on 1.67 acres BACKGROUND The Comprehensive Guide Plan shows the 1.67 acre property for Regional Commercial land use. Surrounding land uses consist of Regional Commercial, Park/Open Space and Office. The property is zoned Regional Service Commercial. The site was originally approved in 1999 as a restaurant called Pickled Parrot(most recently Santorini's) and is part of a previously approved Planned Unit Development(PUD)which includes Southwest Station Retail (multi-tenant building, Anchor Bank, and Ruby Tuesday), and Southwest Transit Station. Cross access and cross parking agreements are in place to help serve the overall PUD which are allowed by the private declaration of covenants, conditions, restrictions and easements that is associated with this property. SITE PLAN The project is an 11,138 square foot multi-tenant retail building with a 2,389 square foot deck for restaurant tenant dining. The applicant proposes to remove the existing Santorini restaurant building, however intends to reuse a majority of the existing foundation and pilings for the proposed building. Staff Report—Shops at Southwest June 22, 2015 Page 2 The site has a base area/floor area ratio of 0.15. City code permits up to a 0.20 base area ratio for a single story building in the Regional Service Commercial zoning district. There are 4 proposed tenants including 3 proposed restaurant uses and one dental office. The applicant provided a proposed parking ratio based on an anticipated tenant use of restaurant and office. Proposed Use Estimated Number Parking Ratio Parking of Seats or Gross Required Floor Area Restaurant 124 seats 1/3 seats 41.3 Restaurant 63 seats 1/3 seats 21 Dental Office 2706 sq. ft. 5/1000 sq. ft. 13.5 Restaurant 46 seats 1/3 seats 15.3 Outdoor Patio 87 seats 1/3 seats 29 120.1 The proposed plan shows 81 onsite parking spaces and 40 offsite parking spaces which are available through a private declaration of covenants, conditions, restrictions and easements. The proposed parking meets city code requirements based on the proposed use of the building and the existing waiver that was granted in 1999. A total of 18 bike parking spaces are proposed. It is possible for the tenant use within the leasable space to change overtime. Staff completed additional analysis of parking requirements based on potential tenant uses for the site. All Retail Scenario: Proposed Use Tenant Area Parking Ratio Parking Required Retail 3500 sq. ft. 5/1000 17.5 Retail 2400 sq. ft. 5/1000 12 Retail 2706 sq. ft. 5/1000 13.5 Retail 1991 sq. ft. 5/1000 9.9 53 (rounded up from 52.9) Proposed Use Estimated Number Parking Parking Parking Parking of Seats Ratio Required Ratio Required Outdoor Patio Seats 87 1/2.5 seats 34.8 1/3 seats 29 35 (rounded 29 up from 34.8) An all retail scenario meets city code parking requirements based on the existing waiver that was granted in 1999 and the available parking through the private declaration of covenants, conditions, restrictions and easements. Staff Report—Shops at Southwest June 22, 2015 Page 3 Below is a scenario of all restaurant uses: Proposed Use Estimated Number Parking Parking Parking Parking of Seats Ratio Required Ratio Required Restaurant 124 1/2.5 seats 49.6 1/3 seats 41.3 Restaurant 63 1/2.5 seats 25.2 1/3 seats 21 Restaurant 63 1/2.5 seats 25.2 1/3 seats 21 Restaurant 46 1/2.5 seats 18.4 1/3 seats 15.3 119 99(rounded (rounded up up from 98.6) from 118.4) Proposed Use Estimated Number Parking Parking Parking Parking of Seats Ratio Required Ratio Required Outdoor Patio Seats 87 1/2.5 seats 34.8 1/3 seats 29 35 (rounded 29 up from 34.8) In the 100 percent restaurant use scenario the parking need exceeds the available parking onsite and through the private declaration of covenants, conditions, restrictions and easements. This assumes that the indoor and outdoor areas are filled to capacity with customers. Through building permit review, staff will have the opportunity to work with the property owner and/or tenant to review proposed uses and number of restaurant seats to verify compliance with parking requirements at time of building permit. ARCHITECTURE The building exceeds the exterior building material standards for the Regional Service Commercial zoning district on all sides of the building. Enhanced architectural features include varying materials of brick, glass, cast stone, EIFS, and decorative awnings and LED lighting. PLANNED UNIT DEVELOPMENT WAIVERS The following PUD waivers should be carried over based on the new site plan: 1 Offsite Parking as allowed by the private declaration of covenants, conditions, restrictions and easements that is associated with this property. City Code requires parking to be accommodated onsite. Offsite parking is an existing condition from the previously approved PUD and is accommodated through the private declarations noted earlier in this report. The applicant is also proposing to construct an additional row of 30 parking spaces onsite (for a total of 81 onsite stalls)which can be accommodated due to the proposed smaller building footprint. Staff Report—Shops at Southwest June 22, 2015 Page 4 The applicant is providing 18 bicycle parking spaces near the entrance of the building to support alternative transportation options. 1. Front yard setback for parking from 35 feet to 17.5 feet abutting Technology Drive. Parking will not be changed in this location. This is an existing condition. Benefits to granting the waivers include: continued use of shared parking which is consistent with principles of a transit oriented and mixed use development, enhanced architectural details into the building design, and extensive use of perennials along the site perimeter and building base which are not required by code, but enhance the site. LANDSCAPING Existing landscaping will remain onsite as originally planted. A new rainwater garden is proposed within the front yard setback along Technology Drive. Additional trees and perennials are proposed within the site which will provide additional plant variety and color. The trees located in the center median near the entry are overgrown and limit site vision clearance. The existing pines within the center median will be removed and replaced with deciduous overstory trees and supplemental perennials. The proposed landscape plan exceeds city code requirements. GRADING AND DRAINAGE A rainwater garden is proposed within the front yard setback along Technology Drive to assist with water quality, rate control, and volume requirements. In addition, a water quality treatment device is proposed within the parking lot area. This site is within the Riley Purgatory Bluff Creek Watershed District. The applicant is working with the watershed district to obtain the appropriate permits. SIGNS The proposed wall and free standing signs meet city code. All sign permits will require review and approval through the sign permit process. SITE LIGHTING LED lighting is proposed for the site and building. The photometric plan meets City requirements. Staff Report—Shops at Southwest June 22, 2015 Page 5 STAFF RECOMMENDATIONS Recommend approval of the following request: 1. Planned Unit Development Concept Review on 1.67 acres 2. Planned Unit Development District Review with waivers and Zoning District Amendment within the Commercial Regional Service zoning district on 1.67 acres 3. Site Plan Review on 1.67 acres This is based on plans stamp dated June 2, 2015 and the following conditions: 1. Prior to building permit issuance for the property, the proponent shall: A. Provide a landscaping surety equivalent to 150% of the cost of the landscaping plan for review and approval. 2. The following waivers have been granted through the PUD District Review for the property: A. Offsite Parking as allowed by the private declaration of covenants, conditions, restrictions and easements that is associated with this property. City Code requires parking to be accommodated onsite. B. Front yard setback for parking from 35 feet to 17.5 feet abutting Technology Drive. 3. All signage shall require review and approval of a sign permit. Area Location Map-- Shops at Southwest Station Address: 13000 Technology Drive Technology Drive \r‘ as as ®�� TECHNOL•GY DR Prairie Center Drive \it, L J \ \ it \ • iiiIiniyDrive � ` N 0 250 500 1,000 Feet Guide Plan Map -Shops at Southwest Station 13000 Technology Drive, Eden Prairie, MN 55344 I '� I P`AZAD ANAGRAM , ----------- lic=mommoi --- - _ ______ 01% / (1111111110' Prairie Center Drive _______________________________.--- - :- ___,._,...,................ .... ..r....-- - ftil ,S 4L. I__ 4 4% \,,, 1 P airirie.,.....G( 741 Technology Drive OVO �G City of Eden Prairie La d Use Guide P Map 2000-2020 Rural Residential 0.10 Units/Acre Neighborhood Commercial N Low Density Residential 0-2.5 Units/Acre nip Community Commercial Streams 17.7 Low Density/Public/Open Space - Regional Commercial -Principal Arterial -A Minor Arterial - Medium Density residential 2.5-10 Units/Acre ®Town Center '•i . $ +;. ,i —B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06 nMedium Density Residential/Office - Park/Open Space —Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07 DATE Revised 11-07-05 DATE Revised 06-01-07 EDEN I High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-23-06 DATE Revised 10-01-07 Minor Collect or DATE Revised 03-23-06 DATE Revised 03-01-08 nAirport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09 Office - Church/Cemetary PRAIRIE Y// Office/Industrial Open WaterFII EIVE•wORK•QAEAM fO- Office/Public/Open Space Right-Of-Way 490 245 :e•Oogamm�Me moe.m_o.„®o ..o.a, o .,0490 Feet - Industrial Zoning Map Shops at Southwest Station 13000 Technology Drive, Eden Prairie, MN 55344 - O . > . I p U X I. ............ic II. 5 _........vissigiiiii‘ii, iiiipPrairie Center Drive -;:•%.,:;:/ \ i ellik \ /4" Technology Drive IIIIIP lio Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. I—I TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. n TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. Ell TC-MU I GD I General Development Waters(Creeks Only) I o ,+. I R1-9.5 One Family-9,500 sf min. Industrial Park-2 Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. Industrial Park- 5 Acre Min. EDEN Up dated through approved Ordinances#19-2013 -RM-2.5 Multi-Family-17.4 U.P.A.max. General Industrial-5 Acre Min. Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Office J Public Date:March 1,2014 Neighborhood Commercial I Golf Course mcaaeoaia«epettcyrearearoa ottittyclaaaimaaottottnia ottittymap,neoamattce e•wo.=.r.mise and attached legal Gescnption on file at Eden Paine Ciry Center will prevail. -Community Commercial Water -Highway Commercial Right of Way 0 0.125 0.25 -Regional Service Commercial .wau_...m..��mo..m._..®..t..o.a.,a Miles ..o..,s.!,th,m ,..,,m„ Aerial Map-- Shops at Southwest Station Address: 13000 Technology Drive Technology Drive _ ,---A . .. r 4 r _ _ , ; ' \ _40;400 11114 _-I_- . ®,� TECHNOLOGY DR .' ;\ \\'N.:..,.!: ,.'!, T ., : -4111: 44,..,.....::,,,,,,,::,71:"..t .' __,41-1-411&'' ' ' '—' \ Prairie Center Drive __ .-, :!7.--;...--- — 'IA , .r. , , . 1"- \ \- - '•-:'•# - 7, ., __ , . .. , ,,, \.\ ,.,... ........rA(40 If 0 N. s .� .. = SITE ' Technology Drive �., ,, :.• N ill ..;.,,, -2 a 4...,,,,e'-'•,, e 100 .._. AFF:c , ` Ili 0 250 500 1,000 Feet - I I I I I I I i— 1 UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,JUNE 22, 2015 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: Jon Stoltz, John Kirk, Travis Wuttke, Ann Higgins, Charles Weber, Andrew Pieper, Ed Farr STAFF MEMBERS: Julie Klima, City Planner Rod Rue, City Engineer Stu Fox, Manager of Parks and Natural Resources Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Vice Chair Kirk called the meeting to order at 7:00 p.m. Stoltz and Weber were absent. II. APPROVAL OF AGENDA MOTION by Higgins, seconded by Farr, to approve the agenda. Motion carried 5-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON MAY 11, 2015 MOTION by Higgins, seconded by Fan, to approve the minutes. Motion carried 5-0. B. PLANNING COMMISSION MEETING HELD ON JUNE 8, 2015 MOTION by Higgins, seconded by Farr, to approve the minutes. Motion carried 5-0. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS C. SHOPS AT SOUTHWEST STATION by Venture Pass Partners, LLC Eden Prairie Planning Commission Minutes June 22, 2015 Page 2 Location: 13000 Technology Drive Request to: • Planned Unit Concept Review on 1.67 acres • Planned Unit Development District Review with waivers and Zoning District Amendment within the Regional Commercial Service zoning district on 1.67 acres • Site Plan Review on 1.67 acres Dave Carland, representing Venture Pass Partners,presented the proposal. He said they are in the process of buying Santorini's restaurant and would like toreconstruct a building and locate tenants in this area. He stated they will have high tech architecture and it will look nice. Vice Chair Kirk asked Klima to review the staff report. Klima said the applicant proposes to put 4 new tenants in this structure. The waivers are existing conditions from prior PUD approvals. Vice Chair Kirk opened the meeting up for public input. There was no input. Farr asked if there will be a transformer in the southeast area of the property. Mr. Carland said Xcel will require the transformers to be outside. Farr asked if they plan on using a pylon sign and will that be in the way of the LRT. Klima said the site plan does include a sign however all signage will need to go through the sign permitting process. Farr said they are proposing LED fixtures for the parking lights and asked if this was okay with staff Klima said what they are proposing is satisfactory to staff Higgins asked when they would like to start construction. The project proponent said they would like to start in the fall of 2015. MOTION by Farr, seconded by Pieper, to close the public hearing. Motion carried 5-0. MOTION by Farr, seconded by Higgins, to recommend approval of the Planned Unite Development Concept Review on 1.67 acres; Planned Unit Development District Review with waivers and Zoning District Amendment within the Regional Commercial Service zoning district on 1.67 acres and Site Plan Review on 1.67 acres based on plans stamp dated June 2, 2015 and the information included in the staff report dated June 22, 2015. Motion carried 5- 0. VII. PLANNERS' REPORT Eden Prairie Planning Commission Minutes June 22, 2015 Page 3 A. DRAFT TOD ORDINANCE Regina Dean presented a PowerPoint presentation that provided an overview of the draft proposed ordinance. Since the February 9, 2015 Planning Commission meeting staff has obtained additional feedback through internal TOD staff meetings,public outreach with the Chamber of Commerce Government Committee and conducted a series of 1 on 1 stakeholder meetings with property representatives that could be affected by the proposed ordinance. This presentation is for information only and no action is required by the Planning Commission. The draft TOD ordinance will be scheduled for a Public Hearing at the July 13, 2015 Planning Commission meeting where a formal recommendation will be requested. It could be presented to the City Council on August 18, 2015. VIII. MEMBERS' REPORT A. COMMUNITY ADVISORY COMMITTEE—LIGHT RAIL Pieper said the next meeting will be Tuesday, June 30th. IX. CONTINUING BUSINESS No continuing business. X. NEW BUSINESS Vice Chair Kirk wanted to thank Stu Fox for his 38 years of service as he is retiring. XI. ADJOURNMENT MOTION by Pieper, seconded by Higgins, to adjourn the Planning Commission meeting. Motion carried 5-0. There being no further business, the meeting was adjourned at 9:07 p.m. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims July 14, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Sue Kotchevar, Office of the Payment of Claims City Manager/Finance X. Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 239136 - 239688 Wire Transfers 1011034 - 1011273 Wire Transfers 5456 - 5471 City of Eden Prairie Council Check Summary 7/14/2015 Division Amount Division Amount General 30,147 601 Prairie Village Liquor 224,448 100 City Manager 648 602 Den Road Liquor 351,850 102 Legal Counsel 38,229 603 Prairie View Liquor 235,297 110 City Clerk 79 605 Den Road Building 5,100 111 Customer Service 8,849 701 Water Fund 283,701 112 Human Resources 2,384 702 Sewer Fund 34,516 113 Communications 4,724 703 Storm Drainage Fund 61,381 114 Benefits&Training 5,332 Total Enterprise Fund 1,196,292 131 Finance 2,988 132 Housing and Community Services 8,155 133 Planning 1,082 136 Public Safety Communications 10,077 803 Escrow Fund 3,150 150 Park Administration 468 806 SAC Agency Fund 14,910 151 Park Maintenance 175,203 807 Benefits Fund 1,156,377 153 Organized Athletics 6,934 810 Workers Comp Insurance 164,329 154 Community Center 21,194 812 Fleet Internal Service 256,867 156 Youth Programs 14,035 813 IT Internal Service 69,162 157 Special Events 20,090 814 Facilities Capital ISF 87,676 158 Senior Center 3,206 815 Facilites Operating ISF 54,405 159 Recreation Administration 475 816 Facilites City Center ISF 78,215 160 Therapeutic Recreation 886 817 Facilites Comm.Center ISF 66,059 162 Arts 18,419 Total Internal Service Fund 1,951,150 163 Outdoor Center 632 164 Park Rental Facilities 322 Report Total 7,114,160 168 Arts Center 1,347 180 Police 57,594 184 Fire 44,991 186 Inspections 865 200 Engineering 734 201 Street Maintenance 74,285 202 Street Lighting 69,747 Total General Fund 624,122 301 CDBG 15,091 303 Cemetary Operation 248 Total Special Revenue Fund 15,339 433 2007A Facility Lease-3rd Rink 2,150 Total Debt Services 2,150 309 DWI Forfeiture 1,376 315 Economic Development 63,066 316 WAFTA 138 445 Cable PEG 1,014 522 Improvement Projects 2006 679 527 CIP-Leasing Costs 884,320 528 Shady Oak Rd-CR 61 North 38,374 529 Shady Oak Rd-CR 61 South 623,217 530 Pool Upgrade/Expansion 1,605,645 531 Eden Prairie Road 84,842 532 EP Road Connect Flying Cloud 2,348 534 West 70th Street Extension 20,088 Total Capital Projects 3,325,107 City of Eden Prairie Council Check Register 7/14/2015 Check# Amount Supplier/Explanation Account Description Business Unit Explanation 239543 1,571,388 RJM CONSTRUCTION INC Building Aquatics&Fitness Expansion Aquatics&Fitness Expansion 239554 884,320 SUPERVALU Other Contracted Services CIP-Leasing Costs Tenant Improvements 239272 546,934 C S MCCROSSAN CONSTRUCTION INC Improvement Contracts Shady Oak Rd-CR 61 South Shady Oak Interchange 5468 258,714 CERIDIAN Federal Taxes Withheld Health and Benefits Health and Benefits 5457 246,531 CERIDIAN Federal Taxes Withheld Health and Benefits Health and Benefits 239585 242,089 HEALTHPARTNERS Accounts Receivable Health and Benefits Health Insurance 239649 163,241 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Workers Comp Insurance Workers Comp Premium 239209 162,652 NELSON AUTO CENTER,INC Autos Police Police Vehicles 5471 154,169 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 5460 153,147 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 5466 121,229 MINNESOTA DEPT OF REVENUE Sales Tax Payable Escrow Fund Sales Tax 1011127 113,201 MINNESOTA ROADWAYS CO Other Contracted Services Park Construction 1011203 83,832 SRF CONSULTING GROUP INC Design&Engineering WEST 70TH ST.EXTENSION 1011131 76,735 NORTHWEST ASPHALT Improvement Contracts Eden Prairie Road 1011142 74,941 XCEL ENERGY Electric Public Safety Communications 1011086 67,187 XCEL ENERGY Electric Traffic Signals 239319 63,541 GARDNER BUILDERS Other Contracted Services Facilities Capital 239225 60,000 SHELTER CORPORATION TIF Payment Project Fund 239195 51,700 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 239347 46,679 KEYS WELL DRILLING COMPANY Other Contracted Services Water Wells 1011065 45,582 GREGERSON ROSOW JOHNSON&NILAN LTD Legal Legal Council 239337 45,563 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 239503 44,462 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 239602 39,405 SIR LINES-A-LOT Other Contracted Services Traffic Signs 1011211 35,551 XCEL ENERGY Electric Traffic Signals 239645 35,490 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 239407 35,092 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 239158 35,000 CORNERSTONE Other Contracted Services Police 1011189 33,621 J&D WINDOW CLEANING Building Repair&Maint. City Hall-CAM 1011197 30,394 MINNESOTA DIRT WORKS INC Improvement Contracts Shady Oak Rd-CR 61 North 1011135 30,305 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Wellhead Protection Plan 1011193 28,547 LOGIS Network Support IT Operating 239630 26,718 HAMMEL,GREEN AND ABRAHAMSON Design&Engineering Aquatics&Fitness Expansion 239376 25,847 NELSON AUTO CENTER,INC Autos Park and Recreation 239670 25,722 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 5470 23,724 ING Deferred Compensation Health and Benefits 5459 23,329 ING Deferred Compensation Health and Benefits 1011181 22,791 DIVERSE BUILDING MAINTENANCE Tenant 1-Janitor Service Den Road Liquor Store 239230 22,550 SOUTHERN WINE&SPIRITS OF MN Liquor-Incentives Prairie View Liquor Store 239653 22,360 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 1011059 21,922 DIVERSE BUILDING MAINTENANCE Janitor Service Public Works/Parks 239658 21,231 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant 239245 19,908 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie View Liquor Store 239513 19,307 MARCO INC Equipment Repair&Maint IT Capital 239687 19,078 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Den Road Liquor Store 239310 18,473 FINLEY BROS INC Seal Coating Park Maintenance Check# Amount Supplier/Explanation Account Description Business Unit Explanation 239539 17,520 PRAIRIE PARTNERS SIX LLP Waste Disposal Prairie Village Liquor Store 239644 16,898 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 1011137 16,861 THORPE DISTRIBUTING Liquor Product Received Prairie View Liquor Store 1011080 16,740 THORPE DISTRIBUTING Liquor Product Received Den Road Liquor Store 239568 16,412 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Prairie Village Liquor Store 239307 16,000 EMERGENCY COMMUNICATIONS NETWORK INC Other Contracted Services Emergency Preparedness 239427 15,876 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie View Liquor Store 1011060 15,791 ESS BROTHERS&SONS INC Repair&Maint.Supplies Water System Maintenance 239336 15,549 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 239516 14,761 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund 239246 14,234 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Prairie View Liquor Store 239548 14,173 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 239362 14,066 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 5469 13,837 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 1011173 13,660 WENCK ASSOCIATES INC Design&Engineering Storm Drainage 239686 13,657 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Den Road Liquor Store 5458 13,590 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 1011266 13,457 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 239540 13,397 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 1011037 13,352 DAY DISTRIBUTING Liquor Product Received Prairie View Liquor Store 239216 13,094 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 1011180 12,612 DAKOTA SUPPLY GROUP INC Merchandise for Resale Water Metering 1011246 12,465 CLAUDE'S CERAMIC TILE INC Other Contracted Services Facilities Capital 239629 12,429 GRAYMONT Treatment Chemicals Water Treatment Plant 239484 12,257 GRAYMONT Treatment Chemicals Water Treatment Plant 239321 12,111 GRAYMONT Treatment Chemicals Water Treatment Plant 239567 11,866 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie View Liquor Store 239428 11,340 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Prairie Village Liquor Store 239435 11,169 AMERICAN ENGINEERING TESTING INC Testing-Soil Boring Shady Oak Rd-CR 61 South 1011205 10,557 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 1011066 10,557 HAWKINS INC Equipment Parts Water Treatment Plant 1011067 9,906 JEFFERSON FIRE&SAFETY INC Operating Supplies Fire 1011225 9,806 DAY DISTRIBUTING Liquor Product Received Den Road Liquor Store 1011098 9,521 INTEGRITY REMODELING&DESIGN GROUP LLC Equipment Repair&Maint Utility Operations-General 239389 8,763 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 5463 8,672 GENESIS EMPLOYEE BENEFITS,INC HSA-Employer Health and Benefits 5464 8,672 GENESIS EMPLOYEE BENEFITS,INC HSA-Employer Health and Benefits 239175 8,264 GRAYMONT Treatment Chemicals Water Treatment Plant 239502 8,263 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 239596 8,000 PROP Other Contracted Services Housing and Community Service 239662 7,845 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 239535 7,708 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 1011269 7,539 VTI Building Aquatics&Fitness Expansion 239194 7,526 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 239448 7,500 BIG PICTURE,THE Other Contracted Services CmtyCtr Pool Upgrade/Expansion 239676 7,400 THYMES TWO INC Contract Svcs-Lawn Maint. Arts Center 1011082 7,381 VTI Equipment Repair&Maint Public Safety Communications 239667 7,147 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Eden Prairie Road 1011046 7,095 PLEHAL BLACKTOPPING INC Equipment Repair&Maint Rehab 239311 7,075 FIRE CATT LLC Equipment Testing/Cert. Fire 239501 6,965 J&N WEED HARVESTING INC Other Contracted Services Storm Drainage Check# Amount Supplier/Explanation Account Description Business Unit Explanation 239511 6,948 LAWRENCE SIGN Right of Way&Easement Shady Oak Rd-CR 61 North 1011218 6,668 BIFFS INC Waste Disposal Park Maintenance 1011196 6,639 METRO SALES INCORPORATED* Equipment Rentals IT Operating 1011091 6,545 DAY DISTRIBUTING Liquor Product Received Prairie View Liquor Store 239157 6,512 COMMERCIAL ASPHALT CO Patching Asphalt Water System Maintenance 1011219 6,204 CBIZ BENEFITS&INSURANCE SERVICES INC Other Contracted Services Health and Benefits 239528 6,192 OPEN PLAN SYSTEMS Capital Under$25,000 FF&E-Furn,Fixtures&Equip. 239351 6,000 LANO EQUIPMENT INC Equipment Repair&Maint Storm Drainage 239580 5,750 DICK WHITBECK MUSIC INC Other Contracted Services July 4th Celebration 1011151 5,489 DAY DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 1011051 5,300 STONEBROOKE Autos Police 1011075 5,231 PIONEER MANUFACTURING COMPANY Operating Supplies Park Maintenance 1011228 5,125 GREENSIDE INC Contract Svcs-Lawn Maint. City Hall-CAM 239504 5,103 JOHNSON CONTROLS Building Repair&Maint. Utility Operations-General 1011252 5,015 HANSEN THORP PELLINEN OLSON Design&Engineering Storm Drainage 239586 5,000 HELLO!BOOKING INC Other Contracted Services July 4th Celebration 239386 4,779 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store 1011217 4,707 YOUNGSTEDTS COLLISION CENTER Autos Police 239421 4,663 VERIZON WIRELESS Other Contracted Services IT Operating 1011176 4,653 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations-General 239680 4,418 VALLEY RICH CO INC Equipment Repair&Maint Sewer System Maintenance 239187 4,342 INDEPENDENT SCHOOL DIST 272 Building Rental Winter Theatre 239242 4,266 US POSTMASTER Postage Communications 1011084 4,218 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 1011057 4,194 A-SCAPE INC Contract Svcs-Lawn Maint. Fire Station#4 1011043 4,140 LEGACY GYMNASTICS Instructor Service Lesson Skills Development 1011040 4,099 GREENSIDE INC Contract Svcs-Lawn Maint. City Hall-CAM 239655 4,096 MINNESOTA SAFETY SERVICES LLC Other Contracted Services Aquatics Admin. 239431 4,096 PROP Refunds CDBG-Public Service 239576 4,086 BRYAN ROCK PRODUCTS INC Gravel Storm Drainage 1011186 4,038 GENUINE PARTS COMPANY Reimbursement Fleet Operating 239244 3,990 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 239460 3,950 CLIFTONLARSONALLEN LLP Audit&Financial Finance 1011256 3,950 MENARDS Operating Supplies Utility Operations-General 239154 3,938 CENTURYLINK Telephone IT Telephone 239167 3,924 EATS Operating Supplies Wine Club/Events 239215 3,913 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store 1011238 3,911 WENCK ASSOCIATES INC Design&Engineering Storm Drainage 1011100 3,791 JOHN DEERE LANDSCAPES/LESCO Landscape Materials/Supp Flying Cloud Fields 239143 3,772 AVR INC Asphalt Overlay Park Construction 239605 3,750 TWIN CITIES FANTASY FACTORY LLC Other Contracted Services July 4th Celebration 239464 3,745 COMMERCIAL ASPHALT CO Repair&Maint.Supplies Street Maintenance 239566 3,695 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 239635 3,624 IMPACT PROVEN SOLUTIONS Other Contracted Services Water Accounting 239524 3,611 NAC Contract Svcs-HVAC Utility Operations-General 239190 3,578 INTERTECH INC Other Contracted Services IT Operating 239426 3,553 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 239685 3,548 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 239193 3,500 JIM HOEFT SIGNS,INC Other Contracted Services Park Maintenance 239226 3,500 SLAMHAMMER SOUND CO,INC Other Contracted Services July 4th Celebration 239266 3,457 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Explanation 239260 3,392 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 239582 3,386 GRANT'S PRECISION PAINTING LLC Other Contracted Services Rehab 239277 3,347 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Street Maintenance 239480 3,344 GARDNER BUILDERS Other Contracted Services Facilities Capital 239163 3,230 DELANEY CONSULTING Other Contracted Services Prairie Village Liquor Store 239467 3,230 DELANEY CONSULTING Other Contracted Services Prairie Village Liquor Store 239571 3,226 MCELLIGOTT ADVERTISING INC Operating Supplies Police 239532 3,214 PAUSTIS&SONS COMPANY Liquor Product Received Den Road Liquor Store 1011265 3,180 STREICHERS Protective Clothing Police 239222 3,175 PUDAS,MATTHEW Improvement Contracts Storm Drainage 239401 3,144 SELECT COMFORT CORPORATION Other Contracted Services Facilities Capital 1011054 3,121 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 239660 3,110 NORTHSTAR MUDJACKING&MORE LLC Mudjacking Curbs Drainage 1011113 3,026 VINOCOPIA Liquor Product Received Den Road Liquor Store 239220 3,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service 239160 2,977 CRETEX SPECIALTY PRODUCTS Repair&Maint.Supplies Sewer System Maintenance 239615 2,934 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance 1011099 2,922 INTEREUM INC Capital Under$25,000 FF&E-Furn,Fixtures&Equip. 239519 2,893 MINNESOTA TROPHIES&GIFTS Operating Supplies Fire 239205 2,879 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Lake 239527 2,875 NORTHSTAR MUDJACKING&MORE LLC Mudjacking Curbs Drainage 1011118 2,859 CDW GOVERNMENT INC. Operating Supplies IT Operating 239333 2,833 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 239661 2,800 PAUSTIS&SONS COMPANY Liquor Product Received Den Road Liquor Store 1011187 2,773 GRAINGER Repair&Maint.Supplies Water Treatment Plant 239509 2,754 KODIAK CUSTOM LETTERING INC Clothing&Uniforms Community Center Admin 239239 2,700 T-MOBILE USA Other Contracted Services Police 1011132 2,634 POMP'S TIRE SERVICE INC Tires Fleet Operating 239338 2,597 JOHNSON CONTROLS Building Repair&Maint. Utility Operations-General 1011194 2,590 LUBRICATION TECHNOLOGIES INC Lubricants&Additives Fleet Operating 1011271 2,582 WINE COMPANY,THE Liquor Product Received Den Road Liquor Store 239474 2,560 EULL'S MANUFACTURING CO INC Repair&Maint.Supplies Sewer System Maintenance 239144 2,550 BAKER Other Contracted Services Facilities Capital 1011125 2,514 HAWKINS INC Treatment Chemicals Water Treatment Plant 239142 2,506 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 239627 2,422 GENERAL OFFICE PRODUCTS COMPANY Supplies-General Building City Center Operations 239549 2,415 SOUTHWEST SUBURBAN PUBLISHING-CLASSIFIED Legal Notices Publishing Staring Lake Concert 239243 2,414 WEBBER RECREATIONAL DESIGN INC Equipment Parts Riley Lake 239632 2,359 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 239208 2,355 NATIONAL MARTIAL ARTS ASSOCIATION,INC Instructor Service Lesson Skills Development 239470 2,347 DSO ARCHITECTURE INC Other Contracted Services Facilities Capital 1011213 2,289 BERRY COFFEE COMPANY Merchandise for Resale Concessions 239457 2,257 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Storm Drainage 239491 2,225 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 239564 2,150 WELLS FARGO BANK MINNESOTA NA Paying Agent 2007A Facility Lease-3rd Rink 239375 2,149 NAC Supplies-Plumbing City Hall-CAM 239614 2,143 CEMSTONE CONTRACTOR SUPPLY Asphalt Overlay Storm Drainage 1011070 2,121 MINNESOTA RECREATION&PARK ASSOCIATION Special Event Fees Softball 239206 2,091 MN DEPT OF TRANSPORTATION Testing-Soil Boring Traffic Signals 239641 2,033 INDEPENDENT SCHOOL DISTRICT 270 Fiber Lease Payments IT Operating 1011119 2,032 CENTERPOINT ENERGY Gas Water Treatment Plant Check# Amount Supplier/Explanation Account Description Business Unit Explanation 1011179 2,026 CDW GOVERNMENT INC. Capital Under$25,000 IT Operating 1011044 2,026 MPX GROUP,THE Printing Senior Center Admin 239149 2,012 BOLTON&MENK INC Design&Engineering Storm Drainage 239188 2,000 INSTITUTE OF CULTURAL AFFAIRS Conference/Training Administration 239546 2,000 SOCCER SHOTS Instructor Service Preschool Events 239178 1,958 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 239517 1,953 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Concessions 239656 1,911 MN DEPT OF TRANSPORTATION Equipment Repair&Maint Shady Oak Rd-CR 61 South 239482 1,904 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations-General 1011140 1,860 WINE COMPANY,THE Liquor Product Received Prairie View Liquor Store 1011056 1,860 ANCHOR PAPER COMPANY Office Supplies Customer Service 239643 1,848 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 239471 1,842 E A SWEEN COMPANY Merchandise for Resale Concessions 1011117 1,810 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 239666 1,800 QUANTUM ART INC Software Maintenance IT Operating 1011236 1,795 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 1011255 1,764 KIDCREATE STUDIO Instructor Service Playgrounds 239456 1,736 CEMSTONE CONTRACTOR SUPPLY Asphalt Overlay Street Maintenance 239677 1,716 TRI STATE PUMP&CONTROL Supplies-Plumbing City Center Operations 239608 1,680 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 1011097 1,659 HIRSHFIELD'S Repair&Maint.Supplies Water System Maintenance 239588 1,650 IAFC Dues&Subscriptions Fire 239657 1,640 MN MECHANICAL SOLUTIONS INC Equipment Repair&Maint Water Treatment Plant 1011129 1,636 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 1011272 1,634 WM MUELLER AND SONS INC Patching Asphalt Water System Maintenance 1011259 1,634 MINNESOTA ROADWAYS CO Patching Asphalt Fire Station#3 1011123 1,632 FILTRATION SYSTEMS Supplies-HVAC City Hall-CAM 1011172 1,632 VINOCOPIA Liquor Product Received Den Road Liquor Store 1011241 1,609 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 239434 1,608 ADVANTAGE PROPERTY MAINTENANCE INC Other Contracted Services Park Maintenance 239631 1,600 HENNEPIN TECHNICAL COLLEGE Other Contracted Services Organizational Services 239289 1,593 COMMERCIAL DOOR SYSTEMS INC Building Repair&Maint. Water Treatment Plant 239377 1,558 NORTHSTAR MUDJACKING&MORE LLC Mudjacking Curbs Street Maintenance 239570 1,556 ZACKS INC Cleaning Supplies Utility Operations-General 1011209 1,544 WINE COMPANY,THE Liquor Product Received Den Road Liquor Store 239559 1,540 ULTIMATE EVENTS,INC Other Rentals July 4th Celebration 239320 1,509 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store 1011210 1,481 WM MUELLER AND SONS INC Repair&Maint.Supplies Water System Maintenance 239290 1,474 COSTCO Miscellaneous Organizational Services 1011112 1,466 VAN PAPER COMPANY Cleaning Supplies Pool Maintenance 239139 1,440 ALTERNATIVE BUSINESS FURNITURE INC Equipment Repair&Maint Water Metering 239152 1,382 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Storm Drainage 239409 1,360 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 239476 1,359 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 239668 1,349 SIGNATURE MEDIA GROUP INC Seal Coating Street Maintenance 239331 1,348 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 1011162 1,334 LYNDALE PLANT SERVICES Contract Svcs-Int.Landscape City Hall-CAM 239624 1,313 EHLERS&ASSOCIATES INC Other Contracted Services Project Fund 1011089 1,309 BRAUN INTERTEC CORPORATION Other Contracted Services CmtyCtr Pool Upgrade/Expansion 1011045 1,304 PAUL'S TWO-WAY RADIO Other Contracted Services Public Safety Communications 1011177 1,301 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Explanation 239173 1,274 GOODPOINTE TECHNOLOGY (C/O ZOOM) Other Contracted Services Trail Construction 239198 1,273 MACQUEEN EQUIPMENT INC Equipment Repair&Maint Sewer System Maintenance 239159 1,272 COUNTY MATERIALS CORPORATION Repair&Maint.Supplies Storm Drainage 239151 1,259 BRYAN ROCK PRODUCTS INC Gravel Storm Drainage 239231 1,248 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 239441 1,244 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 239172 1,228 GENERAL OFFICE PRODUCTS COMPANY Contract Svcs-General Bldg Public Works/Parks 1011053 1,222 USA MOBILITY WIRELESS INC Pager&Cell Phone IT Operating 1011134 1,219 SHI CORP Software Maintenance IT Operating 239252 1,200 AIRWATCH LLC Software Maintenance IT Operating 239510 1,200 LANO EQUIPMENT INC Operating Supplies Park Maintenance 239525 1,200 NEVEAUX,JACK JR Other Contracted Services Summer Theatre 1011231 1,200 JOHNSTONE SUPPLY Building Repair&Maint. Ice Arena Maintenance 239628 1,176 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 239622 1,167 EATS Operating Supplies Wine Club/Events 239442 1,164 ARVIG Fiber Lease Payments IT Operating 239494 1,164 IDCSERVCO Operating Supplies Community Center Admin 239199 1,153 MIDWEST COCA COLA BOTTLING COMPANY Merchandise for Resale Den Road Liquor Store 1011170 1,150 TITAN ENERGY SYSTEMS Contract Svcs-Fire/Life/Sfty City Hall-CAM 239155 1,124 CENTURYLINK Telephone IT Operating 239489 1,104 HENNEPIN COUNTY I/T DEPT Software Maintenance Public Safety Communications 239413 1,100 STAPLES ADVANTAGE Operating Supplies Police 239185 1,088 IND SCHOOL DIST 272 Gym Rental Adult Open Gym 239650 1,088 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Workers Comp Insurance 239171 1,083 EULL'S MANUFACTURING CO INC Repair&Maint.Supplies Storm Drainage 1011085 1,044 WM MUELLER AND SONS INC Repair&Maint.Supplies Street Maintenance 1011212 1,022 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Outdoor Center Facilities 1011160 1,021 JOHN DEERE LANDSCAPES/LESCO Chemicals Purgatory Creek Park 1011184 1,003 ESS BROTHERS&SONS INC Repair&Maint.Supplies Storm Drainage 239229 1,000 SOUTHDALE YMCA-CHILD CARE Refunds CDBG-Public Service 239477 1,000 FORSGREN,CINDY WADE Other Contracted Services Summer Theatre 239485 1,000 HARD DAY'S NIGHT-A BEATLES TRIBUTE Other Contracted Services Staring Lake Concert 239671 975 SPECIALTY TURF&AG INC Landscape Materials/Supp Street Maintenance 1011077 974 SHI CORP Software IT Operating 1011145 968 BRAUN INTERTEC CORPORATION Testing-Soil Boring WEST 70TH ST.EXTENSION 1011083 966 WATSON CO INC,THE Merchandise for Resale Concessions 239551 962 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 239302 945 EHLERS&ASSOCIATES INC Deposits Escrow 239214 914 PAPCO INC Janitor Service Fitness/Conference-Cmty Ctr 1011058 914 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 1011171 905 VAN PAPER COMPANY Tenant 1-Cleaning Suppli Fitness/Conference-Cmty Ctr 239651 903 MACQUEEN EQUIPMENT INC Equipment Parts Sewer System Maintenance 239515 900 MCINTYRE,ROBIN Other Contracted Services Summer Theatre 239561 900 VERLEY,TARYN Other Contracted Services Summer Theatre 239436 894 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Fire 239140 880 AMERICAN PLANNING ASSN Dues&Subscriptions Planning 1011183 879 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions 239438 867 APPERT'S FOODSERVICE Merchandise for Resale Concessions 239452 852 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 239499 840 INNOVATIVE GRAPHICS Clothing&Uniforms Playgrounds 1011201 828 PARLEY LAKE WINERY Liquor Product Received Den Road Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Explanation 1011035 820 ASSOCIATED BAG COMPANY Operating Supplies Inspections-Administration 1011136 816 STREICHERS Clothing&Uniforms Animal Control 239682 806 WEIGHT WATCHERS NORTH AMERICA INC Other Contracted Services Organizational Services 239563 800 WARHOL,MELISSA Other Contracted Services Summer Theatre 239408 795 SOUTHWEST TRANSIT Outside Water Sales Escrow 239488 793 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 239534 787 PETTY CASH Mileage&Parking Prairie View Liquor Store 1011191 785 LANDS END CORPORATE SALES Clothing&Uniforms Police 1011064 779 GRANICUS INC Equipment Repair&Maint Cable PEG 1011139 778 US HEALTH WORKS MEDICAL GRP MN,PC Employment Support Test Organizational Services 239210 773 NEW BRIGHTON FORD Equipment Parts Fleet Operating 239219 765 PLASTIC BAG MART Liquor Product Received Den Road Liquor Store 1011161 765 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment Plant 239555 760 TACTICAL SOLUTIONS INC Equipment Repair&Maint Police 5465 756 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 239153 750 CENTERLINE SOLUTIONS LLC Developer Fees Escrow 239479 750 GALACTIC COWBOY ORCHESTRA,THE Other Contracted Services Staring Lake Concert 1011226 747 EXTREME BEVERAGE Liquor Product Received Den Road Liquor Store 1011148 743 COX,KIM Tuition Reimbursement/School Organizational Services 239380 742 OMEGA INDUSTRIES Machinery&Equipment Park Maintenance 239306 736 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Police 1011250 729 FILTRATION SYSTEMS Supplies-HVAC Fitness/Conference-Cmty Ctr 1011041 725 HIRSHFIELD'S Repair&Maint.Supplies Water Treatment Plant 239642 720 INNOVATIVE GRAPHICS Clothing&Uniforms Tennis 239458 719 CINTAS CORPORATION Cleaning Supplies Utility Operations-General 239213 704 ONCE UPON A STAR Instructor Service Preschool Events 239619 704 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance 239487 700 HEALTHPARTNERS Health&Fitness Fire 1011071 686 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 1011204 685 STREICHERS Clothing&Uniforms Police 1011190 684 KUSTOM SIGNALS INC Equipment Repair&Maint Police 1011185 680 FASTSIGNS Printing Summer Theatre 1011220 679 SRF CONSULTING GROUP INC Design&Engineering Improvement Projects 2006 239445 678 BAUHAUS BREW LABS,LLC Liquor Product Received Prairie Village Liquor Store 1011079 670 STREICHERS Clothing&Uniforms Police 239599 670 SANDS,DIANE Refunds Storm Drainage 239450 665 BLOOMINGTON,CITY OF Kennel Services Animal Control 1011122 664 FASTSIGNS Operating Supplies Staring Lake Concert 239264 660 BCA Employment Support Test Fire 239228 660 SONBARSE,ANJALI Deposits-P&R Refunds Community Center Admin 239240 659 UNIFORMS UNLIMITED Clothing&Uniforms Police 1011094 652 FLEETPRIDE INC Equipment Parts Fleet Operating 1011237 650 VINOCOPIA Liquor Product Received Den Road Liquor Store 1011223 649 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations-General 1011257 647 METRO SALES INCORPORATED* Equipment Rentals IT Operating 239573 647 ADESA MPLS Miscellaneous DWI Forfeiture 239292 646 CRETEX CONCRETE PRODUCTS MIDWEST INC Repair&Maint.Supplies Storm Drainage 239433 646 ADESA MPLS Miscellaneous DWI Forfeiture 1011174 635 YOUNGSTEDTS COLLISION CENTER Equipment Parts Fleet Operating 239446 630 BCA/CRIMINAL JUSTICE TRAINING&EDUCATIO Tuition Reimbursement/School Police 239146 625 BARTON SAND&GRAVEL CO Waste Blacktop/Concrete Street Maintenance Check# Amount Supplier/Explanation Account Description Business Unit Explanation 239552 625 SPLATTER SISTERS,THE Other Contracted Services Theatre Initiative 1011116 620 ASPEN WASTE SYSTEMS INC. Waste Disposal Public Works/Parks 239613 620 BRUCE METAL WORKS INC Signs Traffic Signs 1011115 616 A-SCAPE INC Contract Svcs-Lawn Maint. Den Bldg.-CAM 239180 614 IND SCHOOL DIST 272 Gym Rental Volleyball 239536 614 PINNACLE DISTRIBUTING Liquor Product Received Den Road Liquor Store 239654 611 MIDWEST COCA COLA BOTTLING COMPANY Merchandise for Resale Concessions 239444 600 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 1011062 595 GOVDELIVERY Software Maintenance IT Operating 239234 595 STAR Conference/Training Facilities Staff 239170 593 EDENVALE GLEN TOWNHOUSE ASSOC Refunds Storm Drainage 239652 588 MALONE,TOM Instructor Service Preschool Events 239597 585 READY WATT ELECTRIC Equipment Repair&Maint Emergency Preparedness 1011055 583 VINOCOPIA Liquor Product Received Prairie View Liquor Store 239237 582 SUPERIOR STRIPING INC Contract Svcs-Asphalt/Concr. Fire Station#1 239181 580 IND SCHOOL DIST 272 Gym Rental Volleyball 1011146 580 CHEMSEARCH Contract Svcs-Ice Rink Ice Arena Maintenance 239621 572 E A SWEEN COMPANY Merchandise for Resale Concessions 239414 565 SUMMIT COMMERCIAL FACILITIES GROUP Contract Svcs-Electrical Garden Room Repairs 239183 563 IND SCHOOL DIST 272 Gym Rental Volleyball 239440 555 ARCVISION,INC Application Fees General Fund 239184 553 IND SCHOOL DIST 272 Gym Rental Volleyball 1011141 547 WM MUELLER AND SONS INC Patching Asphalt Round Lake 1011169 543 THE OASIS GROUP Employee Assistance Organizational Services 1011247 540 CONCRETE CUTTING&CORING INC Equipment Parts Street Maintenance 239174 533 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store 239443 525 BARTON SAND&GRAVEL CO Waste Blacktop/Concrete Street Maintenance 1011157 517 FLEETPRIDE INC Equipment Parts Fleet Operating 239530 517 OXYGEN SERVICE COMPANY EMS Supplies Fire 239577 514 CEMSTONE PRODUCTS COMPANY Other Contracted Services Trail Construction 239579 511 DEAN,BLAKE Other Contracted Services Rehab 239636 510 ND SCHOOL DIST 272 Building Rental Summer Theatre 1011049 510 RUE,RODNEY Conference/Training Engineering 239273 506 CALIFORNIA CONTRACTORS SUPPLIES INC Protective Clothing Utility Operations-General 239168 504 EDEN PRAIRIE COMMUNITY EDUCATION Instructor Service Senior Center Programs 239472 501 EMERGENCY RESPONSE SOLUTIONS Equipment Parts Emergency Preparedness 239259 497 ARROW GLOBAL ASSET DISPOSITION INC Miscellaneous IT Operating 1011081 495 US HEALTH WORKS MEDICAL GRP MN,PC Employment Support Test Organizational Services 239182 491 IND SCHOOL DIST 272 Gym Rental Basketball 239379 490 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Storm Drainage 1011270 484 WATSON CO INC,THE Merchandise for Resale Concessions 1011195 481 MENARDS Equipment Parts Park Shelters 239537 481 PITNEY BOWES Postage Customer Service 239453 473 BRIN NORTHWESTERN GLASS COMPANY Contract Svcs-General Bldg Park Shelters 239623 473 EDEN PRAIRIE NOON ROTARY CLUB Miscellaneous Administration 239497 465 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 239648 465 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Public Works/Parks 239227 461 SMALL LOT MN Liquor Product Received Prairie View Liquor Store 239250 460 AGAPE MECHANICAL LLC Mechanical Permits General Fund 1011078 458 STAR TRIBUNE MEDIA COMPANY LLC Dues&Subscriptions Communications 1011072 454 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Explanation 239236 453 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 1011147 451 CLAREY'S SAFETY EQUIPMENT Safety Supplies Emergency Preparedness 239439 450 ARCHITECT MECHANICAL,INC Contract Svcs-Ice Rink Ice Arena Maintenance 239514 450 MARTIN-MCALLISTER Employment Support Test Fire 239541 450 RICHARD ALAN PRODUCTIONS Other Contracted Services Staring Lake Concert 239640 448 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 1011069 448 MENARDS Equipment Parts Round Lake 1011175 447 AMERITRAK Other Contracted Services Snow&Ice Control 1011239 447 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating 1011042 441 JOHN DEERE LANDSCAPES/LESCO Repair&Maint.Supplies Park Maintenance 239315 438 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 239611 434 BAUHAUS BREW LABS,LLC Liquor Product Received Den Road Liquor Store 239447 425 BELLAND,BRIANNA M Other Contracted Services Summer Theatre 1011050 423 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie Village Liquor Store 239634 419 IEDITWEB INC Contract Svcs-Garden Romm Garden Room Repairs 1011251 413 GRAINGER Equipment Parts Water Treatment Plant 239238 407 TKO WINES,INC Liquor Product Received Prairie View Liquor Store 239201 400 MINNESOTA DEPARTMENT OF NATURAL RESOURCE Other Rentals Staring Lake 239604 400 TOTAL ENTERTAINMENT Other Contracted Services July 4th Celebration 1011248 400 DREW'S CONCESSIONS LLC Operating Supplies Concessions 1011240 399 ASPEN WASTE SYSTEMS INC. Waste Disposal Fire Station#2 5456 394 CERIDIAN Garnishment Withheld Health and Benefits 239455 389 CAPREF EDEN PRAIRIE LLC Building Rental Housing and Community Service 239278 384 CENTURYLINK Wireless Subscription IT Telephone 239138 375 ABSOLUTE RAIN INC. Contract Svcs-Lawn Maint. City Hall-CAM 239594 373 OHIO DEPT.OF PUBLIC SAFETY Equipment Repair&Maint Emergency Preparedness 239500 371 INTERTECH INC Contract Development IT Operating 1011261 364 NORCOSTCO Operating Supplies Summer Theatre 239674 356 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 1011230 351 JOHN DEERE LANDSCAPES/LESCO Landscape Materials/Supp Street Maintenance 239468 350 DENGEL,JANA Instructor Service Safety Camp 1011095 345 GREATAMERICA FINANCIAL SVCS Postage Customer Service 1011105 345 PARK SUPPLY OF AMERICA INC Tenant 1- -Supplies City Hall-Direct Costs 1011138 335 TWIN CITY SEED CO Landscape Materials/Supp Storm Drainage 239217 331 PINNACLE DISTRIBUTING Liquor Product Received Den Road Liquor Store 5467 331 CERIDIAN Garnishment Withheld Health and Benefits 1011088 326 BERRY COFFEE COMPANY Merchandise for Resale Concessions 239496 326 IND SCHOOL DIST 272 Printing Skating Rinks/Warming Houses 1011128 325 MN SUPPLY Equipment Testing/Cert. Fleet Operating 1011130 325 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 1011166 321 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Den Road Liquor Store 239565 320 WHEELER LUMBER LLC Operating Supplies Miller Park 239669 320 SONETICS CORPORATION Equipment Repair&Maint Public Safety Communications 1011224 319 CHEMSEARCH Contract Svcs-Ice Rink Ice Arena Maintenance 1011192 316 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 239612 310 BERNICK'S WINE Liquor Product Received Den Road Liquor Store 239241 310 UNIVERSAL ATHLETIC SERVICES INC Awards Volleyball 239675 307 SUMMIT COMMERCIAL FACILITIES GROUP Contract Svcs-HVAC Fire Station#1 239478 304 FREELAND,ROBERT AR Utility Water Enterprise Fund 239583 300 HAERTL,DAN Other Contracted Services Staring Lake Concert 1011249 296 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits Check# Amount Supplier/Explanation Account Description Business Unit Explanation 239147 295 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 239136 290 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1011222 290 BERRY COFFEE COMPANY Merchandise for Resale Concessions 239382 289 OPEN PLAN SYSTEMS Supplies-General Building City Center Operations 239684 289 WILSONS NURSERY INC Landscape Materials/Supp Reforestation 239601 285 SELECT COMFORT CORPORATION Other Contracted Services Facilities Capital 239495 284 IDEA CREEK LLC,THE Operating Supplies Fire 1011273 277 ZIEGLER INC Equipment Parts Fleet Operating 239303 275 ELECTRICAL INSTALLATION&MAINTENANCE Equipment Repair&Maint Water Wells 1011235 274 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Den Road Liquor Store 239572 273 ABRA AUTO BODY&GLASS Equipment Repair&Maint Fleet Operating 239156 273 COMCAST Wireless Subscription IT Operating 239581 270 FIRE SAFETY USA INC Protective Clothing Fire 239233 269 STAPLES ADVANTAGE Office Supplies Police 239638 268 IND SCHOOL DIST 272 Gym Rental Volleyball 239639 268 IND SCHOOL DIST 272 Gym Rental Volleyball 1011229 265 HIRSHFIELD'S Repair&Maint.Supplies Water System Maintenance 239618 262 DELEGARD TOOL CO Equipment Parts Fleet Operating 1011106 259 PROSOURCE SUPPLY Cleaning Supplies Outdoor Center Facilities 239665 258 PROP United Way Withheld Health and Benefits 239575 258 ASPEN MILLS Clothing&Uniforms Fire 239663 254 PIRTEK PLYMOUTH Equipment Repair&Maint Sewer System Maintenance 1011039 253 FASTENAL COMPANY Equipment Parts Fleet Operating 239512 250 LES MILLS UNITED STATES TRADING INC Other Contracted Services Fitness Classes 239522 250 MPELRA Conference/Training Human Resources 239538 250 PLYMOUTH COMMUNITY CONCERT BAND Other Contracted Services Staring Lake Concert 239590 250 LAWN CHAIR GARDENER Other Contracted Services Storm Drainage 1011126 250 MENARDS Operating Supplies Fire 239186 249 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 239529 248 OUTDOOR ENVIRONMENTS INC Other Contracted Services Pleasant Hill Cemetery 1011207 245 USA SECURITY Maintenance Contracts Water Treatment Plant 1011063 240 GRAINGER Supplies-Plumbing City Center Operations 1011234 239 ROTO-ROOTER Contract Svcs-Plumbing Senior Center 239197 238 KEEPERS Clothing&Uniforms Animal Control 239617 238 COMMUNITY HEALTH CHARITIES OF MINNESOTA United Way Withheld Health and Benefits 239262 235 AVI SYSTEMS INC Equipment Repair&Maint Cable PEG 239150 235 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 1011104 233 NORTHERN SAFETY TECHNOLOGY INC Autos Fleet Operating 1011121 230 DAKOTA SUPPLY GROUP INC Repair&Maint.Supplies Water Metering 239191 230 JACOB,JADA Miscellaneous Police 239483 229 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 239254 222 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Den Road Liquor Store 239607 222 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Den Road Liquor Store 1011034 220 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Fitness/Conference-Cmty Ctr 239287 219 COMCAST Cable TV Fire 239162 215 DAVEY TREE EXPERT COMPANY,THE Improvement Contracts Shady Oak Rd-CR 61 South 1011108 213 ROSE,ALECIA Conference/Training Human Resources 239557 208 TKO WINES,INC Liquor Product Received Prairie Village Liquor Store 239207 207 MN MAINTENANCE EQUIPMENT INC Equipment Repair&Maint Park Maintenance 239610 206 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 1011120 203 CERIDIAN Ceridian IT Operating Check# Amount Supplier/Explanation Account Description Business Unit Explanation 1011260 203 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 239481 202 GERTENS Landscape Materials/Supp Youth Programs Admin 239432 202 ROBINS,DOUGLAS Deposits Escrow 1011244 202 CDW GOVERNMENT INC. Equipment Repair&Maint IT Operating 239166 200 EAGLE RIDGE ACADEMY Deposits-P&R Refunds Community Center Admin 239587 200 HOPKINS WESTWIND CONCERT BAND Other Contracted Services Staring Lake Concert 239593 200 MN DNR ECOLOGICAL AND WATER RESOURCES Licenses,Permits,Taxes Storm Drainage 239664 198 PRAHA DISTRIBUTING Liquor Product Received Den Road Liquor Store 1011047 197 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 239221 195 PRINT SOURCE MINNESOTA Printing Summer Theatre 239247 195 ABLE HOSE&RUBBER INC Repair&Maint.Supplies Water Metering 1011253 194 HD SUPPLY FACILITIES MAINTENANCE Building Repair&Maint. Water Treatment Plant 239344 188 JUNTUNEN,DONNA AR Utility Water Enterprise Fund 1011149 188 CUSTOM HOSE TECH Equipment Parts Fleet Operating 239556 186 TESSMAN SEED CO Chemicals Park Maintenance 1011208 185 VTI Maintenance Contracts Utility Operations-General 1011188 184 HORIZON COMMERCIAL POOL SUPPLY Chemicals Round Lake 239223 180 RENOVO DATA SERVICES Miscellaneous IT Operating 239391 180 PRAHA DISTRIBUTING Liquor Product Received Prairie View Liquor Store 1011262 180 O'REILLY AUTOMOTIVE INC Safety Supplies Fleet Operating 1011159 177 JETER,KARA Tuition Reimbursement/School Fitness Classes 239176 176 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 1011038 174 EXTREME BEVERAGE Liquor Product Received Prairie View Liquor Store 239430 170 YERUVA,SRIKANTH AR Utility Water Enterprise Fund 239659 165 MRA-THE MANAGEMENT ASSOCIATION Other Contracted Services Organizational Services 239633 164 HOTSY MINNESOTA Equipment Repair&Maint Fleet Operating 239285 164 COMCAST Cable TV Fire 1011101 161 LANZI,BOB Mileage&Parking Ice Admin. 1011232 160 PARK SUPPLY OF AMERICA INC Supplies-Plumbing City Hall-Direct Costs 239165 158 DOMACE VINO Liquor Product Received Prairie View Liquor Store 1011074 158 NUCO2 INC Supplies-Pool Pool Maintenance 1011124 156 GRAINGER Safety Supplies Utility Operations-General 239148 155 BLOOMINGTON SECURITY SOLUTIONS Building Repair&Maint. Homeward Hills Park 239358 155 LYONS,PHILIP AR Utility Water Enterprise Fund 1011227 155 FASTENAL COMPANY Operating Supplies Fleet Operating 239335 154 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 239341 154 JOHNSON,KOREY AR Utility Water Enterprise Fund 239637 153 IND SCHOOL DIST 272 Building Rental Community Band 239286 151 COMCAST Cable TV Fire 239288 151 COMCAST Cable TV Fire 1011264 151 SHERWIN WILLIAMS CO Operating Supplies July 4th Celebration 1011110 150 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie View Liquor Store 239211 150 NOVAK STUMP REMOVAL Other Contracted Services Tree Removal 239486 150 HAYEN,LINDA Other Contracted Services Summer Theatre 239544 150 RODENZ,SANDRA K Other Contracted Services Summer Theatre 239385 146 OXYGEN SERVICE COMPANY EMS Supplies Fire 239141 146 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 239449 145 BLOOMINGTON SECURITY SOLUTIONS Building Repair&Maint. Utility Operations-General 239422 144 VINE LINE DISTRIBUTION LLC Liquor Product Received Den Road Liquor Store 239390 144 PICHA,ROBERT AR Utility Water Enterprise Fund 239300 140 DRAMATIC PUBLISHING Licenses,Permits,Taxes Theatre Initiative Check# Amount Supplier/Explanation Account Description Business Unit Explanation 1011245 140 CITI-CARGO&STORAGE CO,INC Operating Supplies Summer Theatre 1011216 138 SHRED-IT USA MINNEAPOLIS Waste Disposal City Center Operations 239454 138 CAMPBELL KNUTSON,P.A. Legal WAFTA 239589 137 KEEPERS Clothing&Uniforms Fire 1011233 135 QUALITY PROPANE Motor Fuels Fleet Operating 239672 135 STAPLES ADVANTAGE Office Supplies Customer Service 239318 132 G&K SERVICES-MPLS INDUSTRIAL Other Contracted Services Park Maintenance 1011254 132 JEFFERSON FIRE&SAFETY INC Protective Clothing Fire 239679 131 UNITED WAY United Way Withheld Health and Benefits 239646 130 KAISER,DAVID S Repair&Maint.Supplies Fitness Center 239526 127 NEW BRIGHTON FORD Equipment Parts Fleet Operating 239137 125 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 239466 125 CUB FOODS EDEN PRAIRIE Operating Supplies Reserves 1011163 125 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 239451 125 BOEDIGHEIMER,SCOTT Refunds Environmental Education 239192 124 JERRYS DO IT BEST Equipment Repair&Maint Senior Center Programs 239200 120 MINNESOTA CITY/COUNTY MANAGEMENT ASSOCIA Dues&Subscriptions Human Resources 239367 120 MAWANI,ZAHEED AR Utility Water Enterprise Fund 239625 120 FIRST STATE TIRE RECYCLING Waste Disposal Fleet Operating 1011109 120 SCHULZE,CARTER AR Utility Water Enterprise Fund 239312 116 FIRE SAFETY USA INC Equipment Repair&Maint Fire 1011093 115 FICCADENTI,JENNY Conference/Training Police 1011103 115 MITTELSTADT,SCOTT Conference/Training Police 1011215 115 EICHMAN,NATHAN Conference/Training Police 239218 113 PIRTEK PLYMOUTH Equipment Repair&Maint Sewer System Maintenance 239558 112 TRANSUNION RISK&ALTERNATIVE DATA Other Contracted Services Police 239350 111 LANGLIE,KRISTOFFER AR Utility Water Enterprise Fund 1011268 110 US HEALTH WORKS MEDICAL GRP MN,PC Employment Support Test Organizational Services 239406 109 SNAP-ON TOOLS Small Tools Fleet Operating 239490 109 HENNEPIN COUNTY RESIDENT&REAL ESTATE Other Contracted Services Engineering 5462 108 GENESIS EMPLOYEE BENEFITS,INC HSA Health and Benefits 239400 107 SCHMITZ,WENDY Supplies-Int.Landscape City Center Operations 1011199 106 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 239569 105 YOUNG,JEFFREY Deposits Community Center Admin 1011155 105 FIETEK,CHRIS Operating Supplies Police 239673 104 STEMPF AUTOMOTIVE INDUSTRIES INC Equipment Parts Sewer System Maintenance 239164 103 DIRECTV Cable TV Community Center Admin 239620 103 DIRECTV Cable TV Community Center Admin 239189 100 INTERNATIONAL ASSOCIATION OF ARSON INVES Dues&Subscriptions Fire 239224 100 SHEAR,CAROLINE Refunds Environmental Education 239322 100 GRIMM,NOLAN AR Utility Water Enterprise Fund 239498 100 ING,SIENG&CHING Refunds Environmental Education 239505 100 JOHNSON,JAMES W Refunds Environmental Education 239521 100 MODICA,ALICE Refunds Environmental Education 239592 100 MITCHELL,WILLIAM Refunds Environmental Education 239328 100 HARMON,REBECCA AR Utility Water Enterprise Fund 239281 98 CHAPMAN,WAYNE AR Utility Water Enterprise Fund 1011068 97 LANDS END CORPORATE SALES Clothing&Uniforms Police 1011178 97 BIFFS INC Waste Disposal Park Maintenance 239606 96 440400-NCPERS MINNESOTA PERA Health and Benefits 239584 95 HARTZELL,PAUL Operating Supplies Staring Lake Concert Check# Amount Supplier/Explanation Account Description Business Unit Explanation 1011150 95 DAVIS,HEATHER Mileage&Parking Youth Programs Admin 1011073 94 NORCOSTCO Operating Supplies Summer Theatre 239423 94 WALSH,MARY Tuition Reimbursement/School Fitness Classes 1011092 94 DEANE,KIMBERLEY Tuition Reimbursement/School Fitness Classes 239531 92 PAPCO INC Cleaning Supplies Fitness/Conference-Cmty Ctr 239507 91 KEEPERS Clothing&Uniforms Animal Control 239327 91 HAMILTON,TOM AR Utility Water Enterprise Fund 1011061 91 GINA MARIAS INC Operating Supplies Animal Control 239356 91 LOEFFLER,CULLEN AR Utility Water Enterprise Fund 239416 90 TAPPER,MICHAEL AR Utility Water Enterprise Fund 239493 90 HOTSY MINNESOTA Equipment Parts Fleet Operating 1011036 88 BATTERIES PLUS Supplies-Fire/Life/Safety Fitness/Conference-Cmty Ctr 1011087 87 BATTERIES PLUS Equipment Parts Emergency Preparedness 1011052 87 STOVRING,LESLIE Mileage&Parking Storm Drainage 239595 86 OPEN PLAN SYSTEMS Supplies-General Building City Center Operations 1011048 86 ROSE,ALECIA Mileage&Parking Human Resources 1011263 85 POMP'S TIRE SERVICE INC Tires Fleet Operating 239384 83 OUTDOOR ENVIRONMENTS INC Other Contracted Services Park Maintenance 239603 83 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 239261 83 AT&T MOBILITY Pager&Cell Phone Water System Maintenance 1011154 81 FICCADENTI,JENNY Motor Fuels Fleet Operating 1011242 81 BOYER TRUCKS Equipment Parts Fleet Operating 239342 80 JOHNSON,STACEY AND JUSTIN Deposits Community Center Admin 239349 80 KLUTE,JOEL AR Utility Water Enterprise Fund 239360 80 MACPHAIL,STEPHANIE Deposits Community Center Admin 1011102 80 MAHMUTOVIC,DZEVAD Licenses&Taxes Facilities Staff 1011202 80 PREMIUM WATERS INC Operating Supplies Fire 1011258 80 MINNESOTA RECREATION&PARK ASSOCIATION Dues&Subscriptions Parks Administration 239374 79 MUEHLBERG,ED AR Utility Water Enterprise Fund 239598 79 RIVARO,ROBERT Refunds Environmental Education 239465 79 COMPLETE NUTRITION Den Road Bldg-Tenant#1 Lotus Den Bldg.-CAM 1011165 79 ROSE,ALECIA Conference/Training Human Resources 239145 79 BARNES,RICHARD Equipment Repair&Maint Water System Maintenance 239369 78 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 239397 78 ROSS,SCOTT AR Utility Water Enterprise Fund 239263 78 BARNES,NANCY AR Utility Water Enterprise Fund 239542 77 RIONS,NANCY Deposits-P&R Refunds Community Center Admin 239403 75 SHEPARD,PAT AR Utility Water Enterprise Fund 239600 74 SCHMITZ,WENDY Supplies-Int.Landscape City Center Operations 1011198 72 MTI DISTRIBUTING INC Equipment Parts Park Maintenance 239196 70 KAISER,DAVID S Operating Supplies Community Center Admin 1011133 70 REINDERS INC Chemicals Park Maintenance 1011090 69 BROWN,TRAVIS Tuition Reimbursement/School Police 1011144 69 BEUTZ,KARI Tuition Reimbursement/School Fitness Classes 1011168 68 STONEBROOKE Equipment Parts Fleet Operating 1011143 67 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations-General 1011111 66 SHRED-IT USA MINNEAPOLIS Other Contracted Services Community Center Admin 1011107 66 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 239609 65 ASPEN MILLS Clothing&Uniforms Fire 1011214 64 DANHAUSER,LINDSEY Operating Supplies Arts Center 239473 63 ENVIRONMENTAL EQUIPMENT&SERVICES Equipment Parts Fleet Operating Check# Amount Supplier/Explanation Account Description Business Unit Explanation 239308 63 EMERSON,LYNNEA AR Utility Water Enterprise Fund 239683 63 WELLS FARGO BANK,N A Other Contracted Services Police 239274 63 CAMARDELLO,CHRISTOPHER AR Utility Water Enterprise Fund 239257 63 ANNE BALLARD AR Utility Water Enterprise Fund 239179 62 HURTIC,RAFUA&JASMIN Deposits-P&R Refunds Community Center Admin 239357 62 LUDOWESE,ERIN Deposits-P&R Refunds Community Center Admin 239256 61 ANDREWS,JAMES AR Utility Water Enterprise Fund 239258 61 ARENDS,MICHAEL AR Utility Water Enterprise Fund 239212 61 OMEGA INDUSTRIES Operating Supplies Park Maintenance 239394 61 RAZMPOUR,BAHMAN AR Utility Water Enterprise Fund 239647 60 KENDELL DOORS&HARDWARE INC Supplies-Security City Center Operations 239345 60 KANUIT,PATRICK AR Utility Water Enterprise Fund 239469 59 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 239461 59 COMCAST Cable TV Fire 239591 59 LITWIN,KATHY Operating Supplies Arts Center 1011182 58 DMX MUSIC Other Contracted Services Prairie Village Liquor Store 5461 57 VANCO SERVICES Miscellaneous Community Center Admin 1011164 56 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1011096 56 HACH COMPANY Equipment Parts Water Treatment Plant 1011167 55 STEEN,JEFFREY Mileage&Parking Tree Disease 1011206 55 US HEALTH WORKS MEDICAL GRP MN,PC Insurance Organizational Services 239560 54 UNIVERSAL ATHLETIC SERVICES INC Equipment Repair&Maint Park Maintenance 239340 53 JOHNSON,E A AR Utility Water Enterprise Fund 239203 53 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 239293 52 CRONK,TED AR Utility Water Enterprise Fund 239304 52 ELLIOTT,KAMAL AR Utility Water Enterprise Fund 239678 50 TURFWERKS Equipment Parts Fleet Operating 239317 50 FRIDGE,WILLIAM AR Utility Water Enterprise Fund 1011114 50 A TO Z RENTAL CENTER Safety Supplies Park Maintenance 239437 48 ANDREWS,TERRY S Other Contracted Services Softball 239553 47 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 239533 47 PETSMART Canine Supplies Police 239202 46 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water System Maintenance 239339 46 JOHNSON,DORIS AR Utility Water Enterprise Fund 239169 45 EDEN PRAIRIE WINLECTRIC Small Tools Traffic Signals 239326 43 HALVORSON,CAROL AR Utility Water Enterprise Fund 239373 42 MOORE,RUSSELL AR Utility Water Enterprise Fund 239161 40 CUB FOODS EDEN PRAIRIE Operating Supplies Reserves 239269 40 BONGARD,MARK AR Utility Water Enterprise Fund 239249 40 ADAMS,THOMAS&MAUREEN Deposits Community Center Admin 239284 40 COFFMAN,WILLIAM&CAROL Deposits Community Center Admin 239324 40 HAGGLUND,KELLY Deposits Community Center Admin 239355 40 LINDALL,BROOKS AND JAIME Deposits Community Center Admin 239370 40 MINNESOTA DEPT OF HEALTH Licenses,Permits,Taxes Utility Operations-General 239275 40 CAMPBELL,BRAD AR Utility Water Enterprise Fund 239268 38 BLOOM,ANDREW AR Utility Water Enterprise Fund 239334 37 HOWES,SHARON AR Utility Water Enterprise Fund 239459 37 CLEAN N PRESS MTKA Clothing&Uniforms Police 239523 37 MYERS,SHARON Other Contracted Services Rehab 239323 37 GUY,MARK AR Utility Water Enterprise Fund 239280 35 CHALLE,PAUL AR Utility Water Enterprise Fund Check# Amount Supplier/Explanation Account Description Business Unit Explanation 1011153 35 FASTENAL COMPANY Equipment Parts Park Maintenance 239297 35 DESCH,JOHN AR Utility Water Enterprise Fund 1011156 35 FITZGERALD,MAUREEN Tuition Reimbursement/School Fitness Classes 239417 34 TAYLOR,KIRK AR Utility Water Enterprise Fund 239332 34 HENRY,WENDY AR Utility Water Enterprise Fund 239387 33 PERTL,VICKI AR Utility Water Enterprise Fund 1011158 33 HIRSHFIELD'S Repair&Maint.Supplies Water Treatment Plant 239411 33 SPICHER,DWIGHT AR Utility Water Enterprise Fund 1011076 32 QUICKSILVER EXPRESS COURIER Legal Legal Council 239462 32 COMCAST Wireless Subscription IT Operating 239232 30 SPRINT Other Contracted Services Police 239298 29 DHORE,AYAN AR Utility Water Enterprise Fund 239348 29 KIRTZ,JEREMY AR Utility Water Enterprise Fund 239419 28 UHL,DAVID AR Utility Water Enterprise Fund 1011152 28 DEANE,KIMBERLEY Tuition Reimbursement/School Fitness Classes 239368 27 MERHAR,RICHARD AR Utility Water Enterprise Fund 1011221 26 UPS Operating Supplies Police 239475 26 FIRE SAFETY USA INC Equipment Repair&Maint Fire 239313 25 FIRST FINANCIAL TITLE AGENCY AR Utility Water Enterprise Fund 239378 24 OLSEN CHAIN&CABLE Building Repair&Maint. Park Maintenance 239420 24 VANASEK,DAVID AR Utility Water Enterprise Fund 239681 24 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 239330 23 HE,JIAN WEN AR Utility Water Enterprise Fund 239305 23 ELLIS,JOEL AR Utility Water Enterprise Fund 239371 23 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water Treatment Plant 239518 23 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water Treatment Plant 239301 22 DUTELLE,AUTUMN AR Utility Water Enterprise Fund 1011200 22 NORCOSTCO Operating Supplies Summer Theatre 239396 22 ROCK,TOM AR Utility Water Enterprise Fund 239294 22 CRUMRINE,RON AR Utility Water Enterprise Fund 239354 20 LI,MING AR Utility Water Enterprise Fund 239248 20 ADAMS,KATHY J Deposits Community Center Admin 239253 20 ALI,MOHAMED Deposits Community Center Admin 239255 20 ANDERSON,DAVID C Deposits Community Center Admin 239270 20 BROOKS,SARAH Deposits Community Center Admin 239276 20 CAUDILL,NANCY Deposits Community Center Admin 239279 20 CHABIN,ERIC Deposits Community Center Admin 239282 20 CHAWLA,MADHU Deposits Community Center Admin 239296 20 DAMIANO,AMANDA Deposits Community Center Admin 239309 20 FALTINSON,JULILE Deposits Community Center Admin 239314 20 FLOREY,ELISE Deposits Community Center Admin 239325 20 HALLSON,LINDA Deposits Community Center Admin 239343 20 JOHNSON,TRUDY Deposits Community Center Admin 239353 20 LEGAND,PAULA J Deposits Community Center Admin 239383 20 OSTENSON,LISA Deposits Community Center Admin 239388 20 PETROSKI,RENEE Deposits Community Center Admin 239392 20 PURI,RAJSHREE Deposits Community Center Admin 239393 20 RAMETTE,JIM Deposits Community Center Admin 239395 20 RIX,ELIZABETH Deposits Community Center Admin 239398 20 ROTH,ERIC Deposits Community Center Admin 239399 20 SCHAAF,GEORGE Deposits Community Center Admin Check# Amount Supplier/Explanation Account Description Business Unit Explanation 239402 20 SHEN,XIAOJIAN Deposits Community Center Admin 239405 20 SHOTWELL,NICHOLE Deposits Community Center Admin 239412 20 STAHL,PAT Deposits Community Center Admin 239415 20 SWARTOUT,CYNTHIA Deposits Community Center Admin 239425 20 WIKLUND,DAVID Deposits Community Center Admin 239429 20 WU,TONG Deposits Community Center Admin 239508 20 KIRCHOFF,CATHLEEN Deposits Community Center Admin 239547 20 SOLEM,NANCY Deposits Community Center Admin 239562 20 WARFIELD,GRANT Deposits Community Center Admin 239492 20 HOOVERSON,ORIN M Building Permits General Fund 239418 20 TIETZ,MARY AR Utility Water Enterprise Fund 239550 19 SPARKMAN,AUSTIN Deposits Escrow 239291 19 CRAYNE,RYAN AR Utility Water Enterprise Fund 1011243 19 CAWLEY COMPANY,THE Clothing&Uniforms Den Road Liquor Store 239352 18 LEE,ROBERT AR Utility Water Enterprise Fund 239346 18 KETTLER,ELIZABETH AR Utility Water Enterprise Fund 239363 18 MARASCO,ERIC AR Utility Water Enterprise Fund 239410 18 SPENCER,LEE Deposits-P&R Refunds Community Center Admin 239295 18 CUB FOODS EDEN PRAIRIE Operating Supplies Police 239404 18 SHIMOTA,JOHN AR Utility Water Enterprise Fund 239235 17 STATE OF MINNESOTA Licenses&Taxes Fleet Operating 239267 17 BLAKE,PAUL AR Utility Water Enterprise Fund 239177 17 HICKEY,TODD Refunds Environmental Education 239574 17 ASBY,THOMAS AR Utility Water Enterprise Fund 239424 17 WHITMAS,JAMIE AR Utility Water Enterprise Fund 239251 15 AHMED,MARYAN Deposits-P&R Refunds Community Center Admin 239616 15 COMCAST Other Contracted Services Police 239365 13 MARSHALL,BRIAN AR Utility Water Enterprise Fund 239299 13 DOLAN,JOHN AR Utility Water Enterprise Fund 239688 13 ZACKS INC Cleaning Supplies Utility Operations-General 239372 12 MOBERG,TYLER AR Utility Water Enterprise Fund 239329 12 HARTLEY,DEANDRA AR Utility Water Enterprise Fund 1011267 12 UPS Equipment Repair&Maint Public Safety Communications 239626 11 FISERV INC Bank and Service Charges Water Accounting 239545 10 RUSSELL,KATIE Operating Supplies Fire 239520 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 239366 10 MARTINEZ,LUIS AR Utility Water Enterprise Fund 239316 9 FOUSEL,GARY AR Utility Water Enterprise Fund 239265 9 BELFRY,LEROY AR Utility Water Enterprise Fund 239271 8 BULVER,MARJORIE AR Utility Water Enterprise Fund 239359 8 MACHACEK,ROBERT&GILLIAN AR Utility Water Enterprise Fund 239381 7 ONE CORP AR Utility Water Enterprise Fund 239361 7 MAHONEY,JEFFREY AR Utility Water Enterprise Fund 239506 6 JUNQUEIRA,LUCIANO AR Utility Water Enterprise Fund 239578 6 COMCAST Cable TV Fire 239364 5 MARCY,PEG AR Utility Water Enterprise Fund 239463 3 COMCAST Other Contracted Services Police 239283 2 CLARKE,KELLY AR Utility Water Enterprise Fund 7,114,160 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Report of Public Works Director July 14, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Robert Ellis Southwest LRT SDEIS Comments XIV.E.1. Director of Public Works Requested Action Move to: Adopt resolution to submit comments on the Southwest Light Rail Transit Supplemental Draft Environmental Impact Statement. Synopsis In response to public comments received on the Southwest Transitway Draft Environmental Impact Statement(DEIS), the Metropolitan Council made changes to the proposed design on the Southwest Light Rail Transit Project. As a result of these changes the Federal Transit Administration and the Metropolitan Council determined that a Supplemental Draft Environmental Impact Statement(SDEIS)was needed to document environmental impacts that were not identified in the DEIS. The SDEIS is now available and can be viewed at www.swlrt.org. City staff is in process of reviewing the Southwest Light Rail Transit Project SDEIS. The attached draft letter includes eight (8) general comments in the following areas: • Support for the alignment that Eden Prairie provided Municipal Consent to on July 14, 2014. This alignment includes five Eden Prairie stations including Mitchell and Town Center Stations. • Complement and coordination with the services offered by SouthWest Transit. • Design of LRT bridge adjacent to Purgatory Creek Park. • Temporary impacts to Purgatory Creek Park. • Straighten the proposed bridge alignment over Valley View Road at Flying Cloud Drive. • Analyze any modifications to the proposed alignment, stations, and parking distribution to ensure adequate infrastructure is provided. • Location, placement and screening of Traction Power Sub-Stations (TPSS), signal bungalows, and other LRT accessory equipment. • Mitigating design and construction impacts of the project. City staff is also working on identifying detailed comments on various elements of the SDEIS. These comments will be added to the letter before it is finalized. Written comments on the SDEIS will be accepted through July 21, 2015. Following the close of the comment period, FTA and the Metropolitan Council will consider all comments submitted and will respond to substantive comments in the Final EIS. Attachments 1. Resolution 2. Draft comment letter dated July 8, 2015 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- SUBMIT COMMENTS ON THE SUPPLEMENTAL DRAFT ENVIRONMENTAL IMPACT STATEMENT (SDEIS) FOR THE SOUTHWEST LIGHT RAIL TRANSIT PROJECT WHEREAS,the Southwest Light Rail Transit Project is a proposed 16-mile light-rail line serving Eden Prairie, Minnetonka, Hopkins, St. Louis Park and Minneapolis; and WHEREAS, in response to public comments received on the Southwest Transitway Draft Environmental Impact Statement(DEIS), the Metropolitan Council made changes to the proposed design on the Southwest Light Rail Transit Project; and WHEREAS,the Federal Transit Administration and the Metropolitan Council determined that a Supplemental Draft Environmental Impact Statement(SDEIS) is needed to document environmental impacts that were not identified in the DEIS; and WHEREAS,the Supplemental Draft Environmental Impact Statement(SDEIS) is available for public comment through July 21, 2015; and WHEREAS, the City Council appreciates the opportunity to review the SDEIS and desires to respectfully submit comments on the SDEIS. NOW, THEREFORE, BE IT RESOLVED that the Eden Prairie City Council authorizes the City Manager to submit comments on the SDEIS consistent with the Council Agenda Memorandum during the SDEIS public comment period. ADOPTED by the Eden Prairie City Council on July 14, 2015. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk July 8, 2015 Nani Jacobson EDEN Assistant Director, Environmental and Agreements PRAIRIE Metro Transit—Southwest LRT Project Office 6465 Wayzata Blvd., Suite 500 LIVE•WORK•DREAM St. Louis Park, MN 55426 SUBJECT: Southwest LRT SDEIS Comments Ms. Jacobson: The City of Eden Prairie has reviewed the Southwest LRT Supplemental Draft Environmental Impact Statement (SDEIS). We appreciate the opportunity to review the SDEIS and respectfully submit the following comments for consideration: General Comments 1) The City of Eden Prairie continues to support an alignment that matches the alignment evaluated in the SDEIS. This includes an end-of-line Mitchell Station located on City Center property and a Town Center Station that is centrally located midpoint between Flying Cloud Drive and Prairie Center Drive as well as Technology Drive and Singletree Lane. The City Council provided Municipal Consent to this plan on July 14, 2014. 2) The design of the Southwest LRT must complement and be coordinated with the services offered by Southwest Transit. Future Southwest Transit operations are critical to the design and operation of the Southwest LRT line. Southwest Transit needs to be an active partner in the development of Southwest Station plans. Impacts to Southwest Transit's operations during construction of LRT should be minimized. 3) The Southwest LRT bridge structure adjacent to Purgatory Creek Park and the Veteran's Memorial will be a primary visual component of the park once constructed. The bridge must be designed with appropriate context and to enhance the park setting and experience. In addition the bridge will permanently impact the park's entry area and signage board located near the Prairie Center Drive/Technology Drive intersection. The Southwest LRT design must restore these park amenities to a similar or better condition. 4) The Southwest LRT construction will have temporary impacts to the Purgatory Creek Park and trail system which must be eliminated or minimized and appropriately coordinated with the City of Eden Prairie. The Purgatory Creek Park has a number of Southwest LRT SDEIS Comments July 20, 2015 Page 2 of 3 programs and events throughout the year that can be scheduled up to a year in advance and have the potential to be impacted by the SWLRT construction. It is imperative that avoiding and minimizing the impacts on these activities be accounted for in the construction schedule. In addition, the loop trail around the Purgatory Creek pond and wetland area is a primary and heavily used recreation amenity within Eden Prairie and its functionality must be maintained through construction. 5) The grade separated LRT crossing of Valley View Road at Flying Cloud Drive should be refined to eliminate curves. A straightened alignment significantly reduces the SWLRT travel time and has the additional benefit of reducing private property impacts, better coordinating with future improvements in the TH 212/Valley View Road interchange area, and preserving excess right-of-way for future potential development. 6) Should the alignment, number of stations, and parking distribution be modified from the SDEIS, additional analysis should be completed to ensure adequate roadway,parking, sidewalk and trail infrastructure exists to serve the changed traffic patterns and parking demand. 7) The location,placement, and screening of the Traction Power Sub-Stations (TPSS), signal bungalows, and other LRT accessory cabinets and equipment must be closely coordinated with the City of Eden Prairie. This equipment must be located, screened, and designed as appropriate to avoid impacts to existing and future developments. 8) The project must evaluate alternatives and determine solutions for mitigating design and construction impacts of the project on all businesses, residents, and properties along the corridor. Detail Comments Staff is in process of reviewing and compiling detailed comments on SDEIS. Detailed comments will be added to this letter as appropriate. Sincerely, Rick Getschow City Manager Attachment Southwest LRT SDEIS Comments July 20, 2015 Page 3 of 3 CC: Mayor and City Council